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NOTICE: - While reasonable efforts have been made to assure the accuracy of the data herein, this is NOT the official version of Senate Journal. It is published to provide information in a timely manner, but has not been proofread against the events of the session for this day. All information obtained from this source should be checked against a proofed copy of the Senate Journal. |
Thursday, July 9, 1998.
Met at five minutes past eleven o'clock A.M.
A communication from the Department of Education (under the provisions of Section 1B of Chapter 69 of the General Laws) submitting a copy of proposed amendments to the regulations to the charter school tuition formula (received Tuesday, July 7, 1998),— was placed on file.
By Mr. Pacheco, for the committee on State Administration, on
petition, a Bill authorizing the town of Lynnfield to convey certain land (Senate, No. 2251)
[Local approval received];
Read and, under Senate Rule 26, placed in the Orders of the Day for the next
session.
By Mr. Pacheco, for the committee on State Administration, on
petition, a Bill relative to designating March 31st of every year as the Civilian Conservation
Corps Day (Senate, No. 2258);
Read and, under Senate Rule 26, referred to the committee on Steering and Policy.
Mr. Berry, for the committee on Steering and Policy, reported that the
following matter be placed in the Orders of the Day for the next session:
The House Bill relative to dental service corporations (House, No. 5386).
Bills
Relative to the retirement allowance of Mary E. Cassedy (House, No. 1991,— on House,
Nos. 1991 and 3125);
Relative to the optional retirement program for certain public employees (House, No.
2193,— on petition);
Requiring criminal background checks on certain employees of long term care facilities (House,
No. 5136, amended,— on House, Nos. 2714 and 4219);
Authorizing the establishment of the South Shore tri-town development corporation (House, No.
5528, amended,— on House, No. 5411);
Relative to handicapped license plates (House, No. 5583,— on House, No. 3900);
and
Relative to the terms of certain bonds and notes to be issued by the Commonwealth (printed in
House, No. 5603, amended,— being a message from His Honor the Lieutenant Governor,
Acting Governor);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and
Means.
Bills
Relative to demands, tax title notice and record keeping services (printed as Senate, No.
2056,— on petition);
Designating a certain boathouse in the city of Worcester as the Allan Fearn Boathouse at Regatta
Point (House, No. 5423,— on petition); and
Relative to the annual town meeting held in the town of Carver in 1998 (printed in House, No.
5539,— being a message from His Honor the Lieutenant Governor, Acting
Governor);
Were severally read and, under Senate Rule 26, referred to the committee on Steering and
Policy.
A Bill authorizing the town of Marion to establish an open space acquisition commission (House, No. 5600,— on petition) [Local approval received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.
Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 5684) of Francis H. Duehay (mayor), Timothy J.
Toomey, Jr., Alice K. Wolf and others (with the approval of the city council) relative to the
redevelopment of the Mayor Michael J. Neville Manor Nursing Home on a portion of land
adjacent to the Fresh Pond Reservoir in the city of Cambridge;
To the committee on Local Affairs.
Petition (accompanied by bill, House, No. 5685) of William F. Stanley
(mayor), Warren E. Tolman, Peter J. Koutoujian, David F. Gately, Susan C. Fargo and others
(with the approval of the city council) relative to the appointment of police cadets as police
officers in the city of Waltham; and
Petition (accompanied by bill, House, No. 5687) of Stephen P. LeDuc and Robert A. Durand
(with the approval of the mayor and city council) relative to exempting certain positions in the
school department of the city of Marlborough from the provisions of civil service law;
Severally to the committee on Public Service.
Petition (accompanied by bill, House, No. 5693) of Mary Jane
Simmons, John A. Businger and other members of the General Court for legislation to impose an
excise on cigars and smoking tobacco for the use of school nursing services in the
Commonwealth;
Under suspension of Joint Rule 12, to the committee on Taxation.
Petition (accompanied by bill, House, No. 5694) of Geoffrey D. Hall,
Robert A. Durand, Robert S. Hargraves and another (by vote of the town) for legislation to
authorize the discontinuance of soundings of train whistles at railroad crossings in the town of
Ayer; and
Petition (accompanied by bill, House, No. 5695) of Edward A. LeLacheur, Thomas A. Golden,
Jr., and Kevin J. Murphy relative to designating a certain bridge in the city of Lowell as the
Francis W. Grady Bridge;
Severally, under suspension of Joint Rule 12, to the committee on Transportation.
The President announced the resignation of Senator Jacques of Norfolk, Bristol and Middlesex as a member of the committee on Bills in the Third Reading and the appointment of Senator Bernstein of First Worcester to fill the vacancy.
On motion of Ms. Fargo, Senate Rule 20 and Joint Rule 12 were
suspended on the petition, presented by Mr. Creedon (accompanied by bill) of Robert S.
Creedon, Jr., Thomas P. Kennedy, Christine E. Canavan and Geraldine Creedon (with the
approval of the mayor and the city council) for legislation to authorize the city of Brockton to
convey certain land known as the Montello Pool [Local approval received],—
and the same was referred to the committee on State Administration.
Sent to the House for concurrence.
By Mr. Rosenberg, for the committees on Rules of the two branches,
acting concurrently, that Joint Rule 12 be suspended on the Senate petition of John D. O'Brien,
Barry R. Finegold, Richard T. Moore and Robert L. Hedlund for legislation relative to the group
classification of the Undersecretary of the Executive Office of Public Safety.
Senate Rule 36 was suspended, on motion of Mr. Moore, and the report was considered
forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to
the committee on Public Service.
Sent to the House for concurrence.
The following engrossed bills (the first of which originated in the
Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final
passage, were severally passed to be enacted and were signed by the President and laid before
the Acting Governor for his approbation, to wit:
Relative to lowering the age for the donation of blood (see Senate, No. 469); and
Establishing a department of public works in the town of Hatfield (see House, No. 5561).
Resolutions (filed by Ms. Murray) "on the occasion of the eighth
anniversary of the sister-town friendship of Plymouth, Massachusetts and Shichigahama, Japan",
were referred, under the rule, to the committee on Rules.
Subsequently, Mr. Rosenberg, for the said committee, reported, recommending that the
resolutions ought to be adopted; and they were considered forthwith, under a suspension of the
rules, moved by Ms. Murray, and adopted.
Resolutions (filed by Mr. Tarr) "congratulating the United States
Marine Band on two hundred years of musical tradition", were referred, under the rule, to the
committee on Rules.
Subsequently, Mr. Rosenberg, for the said committee, reported, recommending that the
resolutions ought to be adopted; and they were considered forthwith, under a suspension of the
rules, moved by Ms. Murray, and adopted.
There being no objection, the following matters were taken out of the
Orders of the Day and considered, as follows:
The Senate Bill authorizing the city of Worcester to issue pension obligation bonds (Senate, No.
2220),— was read a second time and was amended, on motion of Mr. Bernstein, in section
1, by inserting after the first sentence the following sentence:— "The proceeds of any such
issuance shall be transferred by the city of Worcester to the Worcester Retirement System."; in
section 1, by inserting after the word "manager.", in line 10, the following sentence:—
"After the city council has approved the loan order, the city manager shall submit said order and
a plan demonstrating how the city will finance and allocate the debt service associated with said
bonds or notes to the executive office for administration and finance, and no bonds or notes
authorized by this act shall be issued until the secretary for administration and finance has
approved said plan.",
In section 2, by inserting after the word "board", in line 11, the following words:— ", and
with the approval of the public employee retirement administration commission"; and by striking
out section 4 and inserting in place thereof the following section:—
"SECTION 4. Every governmental unit the employees of which are members of the Worcester
Retirement System shall be responsible in accordance with this section for paying such
proportion of the annual debt service expense paid by the city of Worcester for bonds issued
under authority of this act as is equal to the proportion of the total unfunded pension liability of
the Worcester Retirement System allocated to such member under section 2. Notwithstanding
the provisions of any general or special law to the contrary, the public employee retirement
administration commission shall increase the annual amount to be certified under section 22 of
chapter 32 of the General Laws as the amount necessary to be paid by each governmental unit in
the Worcester Retirement System other than the city of Worcester by each such governmental
unit's proportionate share of the annual debt service expense as determined herein and shall
decrease the amount to be paid by the city of Worcester by an equal amount. The city of
Worcester shall have the same legal rights and authority as the retirement board of the city of
Worcester to collect any amount so assessed by the retirement board to any such governmental
unit."
The bill, as amended, was ordered to a third reading and read a third time. The bill (Senate,
No. 2263, printed as amended) was then passed to be engrossed.
Sent to the House for concurrence.
The House Bill relative to a certain disability retirement for Walter L. Heagney, Jr. (House, No. 5544),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.
On motion of Ms. Melconian, the Senate reconsidered the vote by
which, at the previous session, it had concurred in the House amendments to the engrossed Bill
relative to the condominium and time-share laws (see House, No. 5054).
The recurring question on concurring in the House amendments was considered.
The House amendments (as corrected by B.T.R.) read as follows:
In section 5 by striking out the sentence contained in lines 21 to 27, inclusive (as printed), and
inserting in place thereof the following sentence:— "The granting of an easement by the
organization of unit owners, or the designation or allocation by the organization of unit owners
of limited common areas and facilities, or the removal of a portion of the common areas and
facilities, all as provided for in this subsection, shall not be deemed to affect or alter the
undivided interest of any unit owner"; by striking out the [A] two paragraphs
contained in lines 81 to 119, inclusive (as printed), and inserting in place thereof the following
two paragraphs:
"(iii) Extend, revive or grant rights to develop the condominium, including the right to add
additional units or land to the condominium; provided, however, that the rights to add additional
units are set forth in or specifically authorized by the master deed, and, notwithstanding any
provision in section 19 to the contrary, remove any portion of the common area of the
condominium upon which, at the time of said removal, no unit has been added to the
condominium in accordance with the master deed; and provided further, that said removal is not
specifically prohibited by the master deed. Any action taken pursuant to this subparagraph shall
be taken upon such terms and conditions as the organization of unit owners may deem
appropriate, including the method or formula by which the percentage interest of each unit is to
be set in accordance with subsection (a) of section 5, or in accordance with another method
which the organization of unit owners reasonably determines is fair and equitable under the
circumstances, following such extension, revival, grant, addition or removal if not specified in
the master deed; provided further, that the consent thereto, including the terms and conditions
thereof, of not less than 75 per cent of owners of units within the condominium, or such lower
percentage, if any, as the master deed may provide, and 51 per cent of the number of all
mortgagees holding first mortgages on units within the condominium who have given notice of
their desire to be notified thereof as provided in subsection (5) of section 4 is obtained for such
extension, revival, grant, addition or removal. Any action taken pursuant to this subparagraph
may be taken even if the time period for adding land, units or common facilities, or for removal
has expired. The removal of common areas pursuant to this subparagraph shall not be deemed to
affect the percentage interest of each unit. Such extension, revival, grant, addition or removal
shall be effective 30 days after the recording, within the chain of title of the master deed or of
the declaration of trust or by-laws, of an instrument duly executed by the organization of unit
owners setting forth accurately the extension, revival, grant, addition or removal, and reciting
compliance with the requirements of this subsection; and
(iv) sell, convey, lease or mortgage any rights or interest created as a result of exercise of rights
established under subparagraph (iii); provided, however, that any proceeds obtained by the
organization of unit owners as a result of such sale, conveyance, lease, or mortgage may be paid
by the organization of unit owners for common expenses of the condominium, and otherwise
shall be distributed in accordance with subparagraph (iii) of subsection (a) of section 6, or in
accordance with another method which the organization of unit owners reasonable determines is
fair and equitable under the circumstances. The provisions of paragraph (2) shall not affect the
rights reserved by the declarant in the master deed except to the extent such rights have
expired."; and by inserting before the enacting clause the following emergency preamble:
"Whereas, The deferred operation of this act would tend to defeat its purpose, which is
forthwith to enable condominium associations to further develop condominiums and otherwise
to create or designate certain interests therein to improve the governance of condominiums,
therefore it is hereby declared to be an emergency law, necessary for the immediate preservation
of the public convenience.".
Mr. Tisei presented the following further amendment to the House amendment:
Striking out [at "A"] the words "two paragraphs contained in lines 81 to 119,
inclusive (as printed)" and inserting in place thereof the following words:— "paragraph
contained in lines 81 to 101, inclusive (as printed)".
The further amendment was adopted.
The House amendments, as amended, were then adopted.
Sent to the House for concurrence in the further amendment.
The President announced the resignation of Senator Bernstein of First Worcester as a member of the committee on Bills in the Third Reading and the reappointment of Senator Jacques of Norfolk, Bristol and Middlesex thereto.
On motion of Mr. Morrissey,—
Ordered, That when the Senate adjourns today, it adjourn to meet again on Monday next
at eleven o'clock A.M., and that the Clerk be directed to dispense with the printing of a
calendar.
On motion of Mr. Lees, at thirteen minutes past eleven o'clock A.M., the Senate adjourned to meet on the following Monday at eleven o'clock A.M.