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.


UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.


Seal of the
Commonwealth of Massachusetts

  Thursday, July 19, 2001.

Met at twenty minutes past one o’clock P.M.

Petitions.

Petitions were presented and referred, as follows:

By Ms. Murray, a petition (subject to Joint Rule 12) of Therese Murray, Matthew Patrick and Ruth W. Provost for legislation to authorize the Division of Fisheries and Wildlife to convey an easement over a certain parcel of land in Bourne;

By Mr. O’Leary, a petition (subject to Joint Rule 12) of Robert A. O’Leary for legislation to exempt fraternal benefit societies from the payment of taxes on raffle receipts; and

By Mr. Rosenberg, a petition (subject to Joint Rule 12) of Stanley C. Rosenberg and Ellen Story for legislation to authorize the Board of Registration of Dieticians and Nutritionists to issue a certain license to Arshid Nabet;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

By Ms. Creem, for the committee on Criminal Justice, on petition (accompanied by bill, Senate, No. 1004), an Order relative to authorizing the joint committee on Criminal Justice to sit during the recess of the General Court for the purpose of making an investigation and study of Senate document numbered 1004, relative to sentencing guidelines (Senate, No. 2065);

By Mr. Joyce, for the committee on Public Service, on Senate, Nos. 1323, 1386, 1387 and 1400, an Order relative to authorizing the joint committee on Public Service to sit during the recess of the General Court for the purpose of making an investigation and study of certain current Senate documents relative to employee rights and other public service matters (Senate, No. 2048);

By the same Senator, for the same committee, on Senate, Nos. 1303, 1342, 1363, 1376, 1382, 1415, 1474 and 1488, an Order relative to authorizing the joint committee on Public Service to sit during the recess of the General Court for the purpose of making an investigation and study of certain current Senate documents relative to creditable service (Senate, No. 2049);

By the same Senator, for the same committee, on Senate, Nos. 1316, 1339, 1359, 1412, 1434, 1455, 1457, 1480 and 1524, an Order relative to authorizing the joint committee on Public Service to sit during the recess of the General Court for the purpose of making an investigation and study of certain current Senate documents relative to creditable service (Senate, No. 2050);

By the same Senator, for the same committee, on Senate, Nos. 1346 and 1408, an Order relative to authorizing the joint committee on Public Service to sit during the recess of the General Court for the purpose of making an investigation and study of Senate documents numbered 1346 and 1408, relative to creditable service (Senate, No. 2051);

By the same Senator, for the same committee, on Senate, Nos. 1312, 1318, 1321, 1331, 1348, 1354, 1397, 1450, 1482 and 1483, an Order relative to authorizing the joint committee on Public Service to sit during the recess of the General Court for the purpose of making an investigation and study of certain current Senate documents relative to creditable service (Senate, No. 2052);

By the same Senator, for the same committee, on Senate, Nos. 1304, 1414, 1420, 1438, 1452, 1507 and 1514, an Order relative to authorizing the joint committee on Public Service to sit during the recess of the General Court for the purpose of making an investigation and study of certain current Senate documents relative to creditable service (Senate, No. 2053);

By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 1419), an Order relative to authorizing the joint committee on Public Service to sit during the recess of the General Court for the purpose of making an investigation and study of a certain Senate document numbered 1419, relative to Group 1 benefits (Senate, No. 2054);

By the same Senator, for the same committee, on Senate, Nos. 1360, 1410 and 1417, an Order relative to authorizing the joint committee on Public Service to sit during the recess of the General Court for the purpose of making an investigation and study of certain current Senate documents relative to retirement and public safety employees (Senate, No. 2055);

By the same Senator, for the same committee, on Senate, Nos. 1377, 1413, 1441, 1460, 1465, 1468, 1489, 1491 and 1493, an Order relative to authorizing the joint committee on Public Service to sit during the recess of the General Court for the purpose of making an investigation and study of certain current Senate documents relative to alternative retirement benefits (Senate, No. 2056);

By the same Senator, for the same committee, on Senate, Nos. 1313, 1322, 1326, 1334, 1381, 1407, 1437 and 1515, an Order relative to authorizing the joint committee on Public Service to make an investigation and study of several Senate documents relative to alternative retirement benefits (Senate, No. 2057) [Local approval received on Senate, No. 1381];

By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 1367), an Order relative to authorizing the joint committee on Public Service to make an investigation and study of Senate document numbered 1367, an Act relative to the retirement allowance for Group 4 employees (Senate, No. 2058);

By the same Senator, for the same committee, on Senate, Nos. 1314, 1380, 1481, 1486, 1504 and 1528, an Order relative to authorizing the joint committee on Public Service to make an investigation and study of several Senate documents relative to creditable service (Senate, No. 2059);

By the same Senator, for the same committee, on Senate, Nos. 1333, 1352, 1356, 1358, 1396, 1422, 1423, 1442, 1443, 1448, 1464, 1511 and 1512, an Order relative to authorizing and directing the joint committee on Public Service to make an investigation and study of several Senate documents relative to retirement benefits and other matters (Senate, No. 2060);

By the same Senator, for the same committee, on Senate, Nos. 1378, 1416, 1446, 1453, 1458, 1467, 1469, 1476, 1490 and 1520, an Order relative to authorizing and directing the joint committee on Public Service to make an investigation and study of several Senate documents relative to retirement system membership, system administration and funding (Senate, No. 2061);

By the same Senator, for the same committee, on Senate, Nos. 1385, 1418, 1421, 1516 and 1526, an Order relative to authorizing the joint committee on Public Service to make an investigation and study of several Senate documents relative to employment benefits (Senate, No. 2062);

By the same Senator, for the same committee, on Senate, Nos. 1319, 1328, 1355, 1392, 1435, 1484, 1505, 1517 and 1811, an Order relative to authorizing and directing the joint committee on Public Service to make an investigation and study of several Senate documents relative to employment benefits (Senate, No. 2063); and

By the same Senator, for the same committee, on Senate, Nos. 1311, 1325, 1379, 1389, 1497, 1503 and 1859, an Order relative to authorizing and directing the joint committee on Public Service to make an investigation and study of various Senate documents relative to employment benefits (Senate, No. 2064);
Severally referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

By Mr. Pacheco, for the committee on Natural Resources and Agriculture, on petition, a Bill relative to the water supply of the city of Brockton (Senate, No. 1848);
Read and, under Senate Rule 26, referred to the committee on Steering and Policy.

By Mr. Joyce, for the committee on Public Service, on petition, a Bill authorizing group insurance benefits in the town of Brookline (printed as House, No. 528) [Local approval received]; and

By the same Senator, for the same committee, on petition, a Bill authorizing the city of Cambridge to provide health insurance to domestic partners of city employees (printed as House, No. 4225) [Local approval received];
Severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

 

By Mr. Lynch, for the committee on Commerce and Labor, ought NOT to pass:

On the petition (accompanied by bill, Senate, No. 71) of Stephen F. Lynch for legislation to create a high skill training program designed to combat “spot” labor skill shortages in the Commonwealth (Senators Lynch and Pacheco dissenting); and

On the petition (accompanied by bill, Senate, No. 125) of Richard R. Tisei and Anthony J. Verga for legislation to establish job security and leaves of absence for individuals seeking election to public office (Representative Asselin of Springfield dissenting);

By Mr. Moore, for the committee on Health Care, ought NOT to pass:

On the petition (accompanied by bill, Senate, No. 570) of Richard T. Moore, Mary Jeanette Murray, David C. Bunker, Jr. and other members of the General Court for legislation relative to the establishment of nuclear pharmacies; and

On the petition (accompanied by bill, Senate, No. 598) of Robert E. Travaglini, Charles E. Shannon, Susan C. Fargo and Brian A. Joyce for legislation relative to nuclear pharmacy;

By Ms. Murray, for the committee on Insurance, ought NOT to pass:

On the petition (accompanied by bill, Senate, No. 745) of Guy W. Glodis, Bruce E. Tarr and Emile J. Goguen for legislation to require health maintenance organizations to provide a written explanation to policyholders stating the reason a claim has been rejected; and

On the petition (accompanied by bill, Senate, No. 785) of Robert E. Travaglini, Nancy Flavin, Bradford Hill and other members of the General Court for legislation to provide that certain health care plans and policies shall cover payment for costs arising from speech, hearing and language disorders;

By Mr. Pacheco, for the committee on Natural Resources and Agriculture, ought NOT to pass:

On the petition (accompanied by bill, Senate, No. 1094) of Michael W. Morrissey for legislation relative to the authority of the Massachusetts Water Resources Authority Advisory Board;

On the petition (accompanied by bill, Senate, No. 1116) of Stanley C. Rosenberg for legislation to authorize Joseph W. Dayall to take the examination for hazardous waste site cleanup professional notwithstanding certain provisions of law; and

On the petition (accompanied by bill, Senate, No. 1128) of Charles E. Shannon and Michael W. Morrissey for legislation relative to the Massachusetts Water Resources Authority;

By Mr. Joyce, for the committee on Public Service, ought NOT to pass:

On the petition (accompanied by bill, Senate, No. 1439) of Michael W. Morrissey for legislation relative to the public employee deferred compensation program; and

On the petition (accompanied by bill, Senate, No. 1440) of Michael W. Morrissey for legislation to authorize and direct the State Auditor to conduct an audit of the Massachusetts deferred compensation program; and

By Ms. Walsh, for the committee on Taxation, ought NOT to pass:

On the petition (accompanied by bill, Senate, No. 1624) of Frederick E. Berry for legislation to increase the level of private investment in housing by establishing a low-income housing tax credit;

On the petition (accompanied by bill, Senate, No. 1651) of Robert A. Havern for legislation to exempt photocopies provided by libraries from sales tax;

On the petition (accompanied by bill, Senate, No. 1653) of Ralph LeBlanc for legislation to provide a tax exemption to any person who has reached one hundred years of age;

On the petition (accompanied by bill, Senate, No. 1658) of James P. Jajuga, Arthur J. Broadhurst, Brian S. Dempsey and Emile J. Goguen for legislation relative to the tax on retail sales within ten miles of the New Hampshire border;

On the petition (accompanied by bill, Senate, No. 1673) of Brian P. Lees, Bruce E. Tarr, Richard R. Tisei and other members of the General Court for legislation to make the investment tax credit permanent;

On the petition (accompanied by bill, Senate, No. 1734) of Citizens for Limited Taxation, by Francis J. Faulkner, associate director, Jo Ann Sprague, Bruce E. Tarr and Robert L. Hedlund for legislation to establish a separate fund known as the voluntary optional tax endowment fund; and

On the petition (accompanied by bill, Senate, No. 1746) of Walter J. Ziobro, Jr. for legislation to repeal the tax on the storage, use or other consumption of certain tangible personal property;
Severally referred, under Senate Rule 36, to the committee on Steering and Policy.

Mr. Brewer, 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 Senate Bill relative to contracts between court reporters and an attorney, party or party having a financial interest in an action (Senate, No. 978).

Committees Discharged.

Ms. Menard, for the committees on Rules of the two branches, acting concurrently, reported, asking to be discharged from further consideration

Of the Senate Bill to establish a commission to study Group 1 benefits (Senate, No. 1362, changed);

Of the Senate Order relative to authorizing the joint committee on Public Service to sit during the recess of the General Court for the purpose of making an investigation and study of certain current Senate documents relative to retirement options (Senate, No. 2027);

Of the Senate Order relative to authorizing the joint committee on Public Service to sit during the recess of the General Court for the purpose of making an investigation and study of certain current Senate documents relative to survivor/death benefits (Senate, No. 2030);

Of the Senate Order relative to authorizing the joint committee on Public Service to sit during the recess of the General Court for the purpose of making an investigation and study of Senate document numbered 1394, relative to accidental disability presumptions (Senate, No. 2032);

Of the Senate Order relative to authorizing the joint committee on Public Service to sit during the recess of the General Court for the purpose of making an investigation and study of a certain Senate document numbered 1431, relative to civil service (Senate, No. 2033);

Of the Senate Order relative to authorizing the joint committee on Public Service to sit during the recess of the General Court for the purpose of making an investigation and study of certain current Senate documents relative to cost of living adjustments (Senate, No. 2034);

Of the Senate Order relative to authorizing the joint committee on Public Service to sit during the recess of the General Court for the purpose of making an investigation and study of certain current Senate documents relative to minimum pensions (Senate, No. 2035);

Of the Senate Order relative to authorizing the joint committee on Public Service to sit during the recess of the General Court for the purpose of making an investigation and study of certain current Senate documents relative to collective bargaining (Senate, No. 2036);

Of the Senate Order relative to authorizing the joint committee on Public Service to sit during the recess of the General Court for the purpose of making an investigation and study of certain current Senate documents relative to civil service (Senate, No. 2037);

Of the Senate Order relative to authorizing the joint committee on Public Service to sit during the recess of the General Court for the purpose of making an investigation and study of certain current Senate documents relative to extraordinary death benefits (Senate, No. 2038);

Of the Senate Order relative to authorizing the joint committee on Public Service to sit during the recess of the General Court for the purpose of making an investigation and study of a certain Senate document numbered 1496, relative to civil service (Senate, No. 2039);

Of the Senate Order relative to authorizing the joint committee on Public Service to sit during the recess of the General Court for the purpose of making an investigation and study of a certain Senate document numbered 1395, relative to group reclassification (Senate, No. 2041);

Of the Senate Order relative to authorizing the joint committee on Public Service to sit during the recess of the General Court for the purpose of making an investigation and study of certain current Senate documents relative to group reclassification (Senate, No. 2042);

Of the Senate Order relative to authorizing the joint committee on Public Service to sit during the recess of the General Court for the purpose of making an investigation and study of certain current Senate documents relative to group reclassification (Senate, No. 2043);

Of the Senate Order relative to authorizing the joint committee on Public Service to sit during the recess of the General Court for the purpose of making an investigation and study of certain current Senate documents relative to group reclassification (Senate, No. 2044); and

Of the Senate Order relative to authorizing the joint committee on Public Service to sit during the recess of the General Court for the purpose of making an investigation and study of certain current Senate documents relative to collective bargaining (Senate, No. 2045);

And recommending that the same severally be referred to the Senate committee on Rules.
Under Senate Rule 36, the reports were severally considered forthwith and accepted.

 

Ms. Menard, for the committee on Rules, to whom was referred

The Senate Order relative to authorizing and directing the joint committee on Education, Arts and Humanities to sit during the recess of the General Court for the purpose of making an investigation and study of certain current Senate documents relative to miscellaneous education matters (Senate, No. 1903), reports, in part, asking to be discharged from further consideration of

The petition (accompanied by bill, Senate, No. 224) of Robert A. Antonioni, Marc R. Pacheco, Daniel E. Bosley, Mary Jane Simmons and other members of the General Court for legislation relative to comprehensive eye examinations to school children;

The petition (accompanied by bill, Senate, No. 293) of Linda J. Melconian and Cheryl Rivera for legislation to improve truancy enforcement; and

The petition (accompanied by bill, Senate, No. 321) of Jo Ann Sprague, Brian P. Lees and Richard T. Moore for legislation to authorize self-monitoring and treatment of students with diabetes;

The Senate Order relative to authorizing and directing the joint committee on Education, Arts and Humanities to sit during the recess of the General Court for the purpose of making an investigation and study of certain current Senate documents relative to public school personnel and school building assistance (Senate, No. 1904), reports, in part, asking to be discharged from further consideration of the Senate petition (accompanied by bill, Senate, No. 233) of Robert A. Antonioni and Lida E. Harkins for legislation to determine the length of contracts for public school principals;

The Senate Order relative to authorizing and directing the joint committee on Education, Arts and Humanities to sit during the recess of the General Court for the purpose of making an investigation and study of certain current Senate documents relative to miscellaneous education matters (Senate, No. 1906), reports, in part, asking to be discharged from further consideration of

The petition (accompanied by bill, Senate, No. 301) of Richard T. Moore, Mary Jane Simmons, Christine E. Canavan, Bruce E. Tarr, other members of the General Court and another for legislation to establish a student loan repayment program known as the Clara Barton nursing excellence program;

The petition (accompanied by bill, Senate, No. 302) of Richard T. Moore, Mary Jane Simmons, Christine E. Canavan, Carol A. Donovan, other members of the General Court and another for legislation to establish the Clara Barton nursing excellence scholarship program;

The petition (accompanied by bill, Senate, No. 306) of Therese Murray, David P. Magnani and Bruce E. Tarr for legislation relative to the endowment incentive program for public higher education; and

The petition (accompanied by bill, Senate, No. 307) of Therese Murray, David P. Magnani and Bruce E. Tarr for legislation relative to the higher education incentive program; and

The Senate Order relative to authorizing and directing the joint committee on Education, Arts and Humanities to sit during the recess of the General Court for the purpose of making an investigation and study of certain current Senate documents relative to miscellaneous public education matters (Senate, No. 1908), reports, in part, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 312) of Marc R. Pacheco, David L. Flynn, Kathi-Anne Reinstein and other members of the General Court for legislation to establish the community service learning initiative of Massachusetts;

And recommending that the same severally be recommitted to the committee on Education, Arts and Humanities.
Under Senate Rule 36, the reports were severally considered forthwith and accepted.

PAPER FROM THE HOUSE.

A Bill relative to the right of incarcerated felons to vote (House, No. 2883,— on petition),— was read and, under Senate Rule 26, referred to the committee on Steering and Policy.

Orders of the Day.

The Orders of the Day were considered, as follows:

Bills

Authorizing the city of Newburyport to establish certain maintenance and capital investment funds (Senate, No. 1889);

Authorizing the transfer of a certain parcel of land in the town of North Reading (House, No. 356);

Relative to the granting of licenses for the sale of alcoholic beverages in the town of Sharon (House, No. 3701); and

Authorizing the town of Norwood to use certain conservation land for roadway and bridge purposes (House, No. 4091);
Were severally read a second time and ordered to a third reading.

The Senate Bill authorizing the Division of Capital Asset Management and Maintenance to convey a certain parcel of land located in the towns of Becket and Otis in exchange for certain other land located in the town of Otis (Senate, No. 1590, amended),— was read a third time and passed to be engrossed.

Sent to the House for concurrence.

 

The Senate Bill relative to pre-marital testing (Senate, No. 476),— was read a second time and, after remarks, was ordered to a third reading.

The House Bill relative to production of records for review by the State Auditor (House, No. 3),— was read a second time and ordered to a third reading.

 

The House Bill providing for improvements to the horse and greyhound racing industry in the Commonwealth and the regulation thereof (House, No. 4261, printed as amended, changed),— was read a third time.

Pending the main question on passing the bill to be engrossed, Ms. Menard moved to amend the bill, as corrected, in section 8, by striking out subsection (i) and inserting in place thereof the following subsection:—

“(i) Three per cent of all purses at all running horse racing meeting licensees’ tracks in the commonwealth shall be paid to the Massachusetts Thoroughbred Breeders’ Association, Inc.”

After remarks, the amendment was adopted.

Mr. Shannon moved to amend the bill, as corrected, in section 19, in section 2A of chapter 128C by striking out the first paragraph and inserting in place thereof the following paragraph:—

“Notwithstanding section 2, the running horse racing meeting licensee in Plymouth county who is conducting running horse race meetings in connection with a state or county fair may, with the permission of the commission and subject to the approval of the city council and mayor or board of selectmen in the city or town where the fair is located in and following a demonstration by the licensee of his ability to complete not less than 50 per cent of the live racing performances approved by the commission, simulcast unlimited thoroughbred horse races except for simulcast signals from the states of Arizona, California, Oregon, Texas and Washington and unlimited greyhound and harness racing performances and the intrastate live races of the racing meeting licensees in the commonwealth on any day, if such simulcast is conducted in connection with a state or county fair, for wagering purposes or otherwise for pari-mutuel wagering facilities located within the commonwealth. Live racing performances may only be conducted on: (a) each Sunday, Tuesday, Thursday and Saturday; and (b) July 3 and 4 in any calendar year when they fall on days of the week other than the specified days; provided, however, that if the commission determines that a licensee cannot conduct 50 per cent of its live racing performances due to weather conditions, race track conditions, strikes, work stoppages, sickness or quarantine not within the control of the licensee, the commission may permit the licensee to continue simulcasting on that day despite the stoppage of the performances for those reasons. The total number of days simulcast at the state or county fair, which is licensed by the commission to conduct live running horse racing meetings, shall not exceed the total number of days the fair is licensed to operate or its racing season. The licensee shall pay a premium of 3 per cent for the receipt of any simulcasts of thoroughbred horse racing to the running horse racing meeting licensee located in Suffolk county, a premium of 3 per cent for the receipt of any simulcasts of harness horse racing to the running horse racing meeting licensee located in Norfolk county, a premium of 3 per cent for the simulcast of the live greyhound racing performances of the racing meeting licensees located in Suffolk and Bristol counties and shall simulcast its live racing performances to the greyhound racing meeting licensee located in Bristol county, the greyhound racing meeting licensee located in Suffolk county, the running horse racing meeting licensee located in Suffolk county and the harness horse racing meeting licensee located in Norfolk county and receive a fee therefor of 11 per cent; provided, however, that the simulcast shall not be considered a live in-state racing performance for the purposes of the sixth paragraph of section 2.”

The amendment was rejected.

Mr. Berry moved to amend the bill, as corrected, in section 41, by adding the following words:— “and the sums paid to the commission shall be adjusted accordingly”.

After remarks, the amendment was adopted.

Mr. Morrissey moved to amend the bill, as corrected, by inserting after section 4, the following section:—

“SECTION 4A. The definition of ‘Racetrack’ in said section 1 of said chapter 128A, as so appearing, is hereby amended by adding the following sentence:— Each person licensed to conduct a running horse racing meeting, other than a licensee holding a racing meeting in connection with a state or county fair, shall conduct such racing meeting on a racetrack with a circumference of not less than 1 mile including a turf course contained within.”

The amendment was rejected.

Mr. Pacheco moved to amend the bill, as corrected, in section 42, by inserting after the words “Trust Fund” the following words:— “and the sums paid to the commission shall be adjusted accordingly”.

After remarks, the amendment was adopted.

Messrs. Creedon and Clancy moved to amend the bill, as corrected, in section 19, in section 2A of chapter 128C, by striking out the first paragraph and inserting in place thereof the following paragraph:—

“Notwithstanding section 2, the running horse racing meeting licensee in Plymouth county which is conducting running horse racing meetings in connection with a state or county fair may, with the permission of the commission and subject to the approval of the city council and mayor or board of selectmen in the city or town where the fair is located in and following a demonstration by the licensee of its ability to complete not less than 50 percent of the live racing performances approved by the commission, simulcast unlimited thoroughbred horse races except for simulcast signals from the states of Arizona, California, Oregon, Texas and Washington and unlimited greyhound and harness racing performances and the intrastate live races of the racing meeting licensees in the commonwealth on any day, if such simulcast is conducted in connection with a state or county fair, for wagering purposes or otherwise from pari-mutuel wagering facilities located within the commonwealth. Live racing performances may only be conducted on (i) each Sunday, Tuesday, Thursday and Saturday; and (ii) July 3 and 4 in any calendar year when they fall on days of the week other than the specified days; but if the commission determines that a licensee cannot conduct 50 per cent of its live racing performance due to weather conditions, race track conditions, strikes, work stoppages, sickness or quarantine not within the control of the licensee, the commission may permit the licensee to continue simulcasting on that day despite the stoppage of the performances for those reasons. The total number of days simulcast at the state or county fair, which is licensed by the commission to conduct live running horse racing meetings, shall not exceed the total number of days the fair is licensed to operate or its racing season. The licensee shall pay a premium of 3 per cent for the receipts of any simulcasts of thoroughbred horse racing to the running horse racing meeting licensee located in Suffolk county; a premium of 3 per cent for the receipt of any simulcasts of harness horse racing to the running horse racing meeting licensee located in Norfolk county; a premium of 3 per cent for the simulcast of the live greyhound racing performances of the racing meeting licensees located in Suffolk and Bristol counties and shall simulcast its live racing performances to the greyhound racing meeting licensee located in Suffolk county, the running horse racing meeting licensee located in Suffolk county and the harness horse racing meeting licensee located in Norfolk county and receive a fee therefore of 11 per cent; provided, however, that the simulcast shall not be considered a live in-state racing performance for purposes of the sixth paragraph of section 2.”

The amendment was rejected.

Ms. Melconian in the Chair (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair), Messrs. Berry, Travaglini and Clancy moved to amend the bill, as corrected, by inserting after section 40, the following section:—

“SECTION 40A. The state racing commissioner shall make an annual report to the house and senate committees on ways and means on the formula for allocation of enhanced purse money distributed to all race tracks operating in the commonwealth. The report shall be filed not later than 30 days after the money has been distributed to the race tracks.”

After remarks, the amendment was adopted.

Mr. Creedon moved to amend the bill, as corrected, in section 19, in the first paragraph of section 2A, by inserting after the words “live racing performances only”, in line 11, the following words “, but any simulcast signal commenced during a live racing performance shall be broadcast to the conclusion of the simulcast racing performance or simulcast racing card,”.

After remarks, the amendment was adopted.

Mr. Morrissey moved to amend the bill, as corrected, in section 21, by striking out the first paragraph and inserting in place thereof the following paragraph:—

“Each licensee shall return to the winning patrons all sums so deposited less the breaks and less either an amount not to exceed 19 per cent of the straight wagering pool and 26 per cent of the exotic wagering pool or the amount which would be paid under the laws of the jurisdiction exercising regulatory authority over the host track; provided, however, that from the total of the percentages withheld, the sum of 3/8 per cent shall be paid daily to the commission on behalf of the commonwealth; the sum of 1/8 per cent shall be paid daily to the Running Horse Promotional Trust Fund under the direction and supervision of the state racing commissioners; the sum of 0.50 per cent shall be paid daily to the Breeders association of the most recent live racing performance at the guest track for the purposes of promoting the respective breeding of the animals in the commonwealth pursuant to law; and the remaining percentages shall be retained by the racing meeting licensee as his commission; provided further, that the running horse racing meeting licensee and the appropriate horsemen’s association representing the horse owners racing at the racetrack shall contract between themselves a percentage of not less than 5½ per cent and not more than 7 per cent of said remaining percentages to be paid to the horse owners. If a contract is not agreed upon between the running horse racing meeting licensee and the horsemen’s association, then the last signed, executed and completed contract between the running horse racing meeting licensee and the horsemen’s association shall remain in effect for the racing season or until a new contract is agreed upon, but the amount of this contract shall not include additional revenues received by the licensee from the following monies: Section 5C of chapter 128A; simulcast premiums as defined in section 2 of chapter 128C; pari-mutuel tax monies made available to purse accounts of the licensee; monies collected through off-track betting; unclaimed live and simulcast wagers.”

The amendment was rejected.

Mr. Clancy moved to amend the bill, as corrected, in section 18, in section 2 of chapter 128C, by striking out the fourth paragraph and inserting in place thereof the following paragraph:—

“No racing meeting licensee, whether acting as a guest track or host track shall simulcast live races unless the licensee conducts a full schedule of live racing performances during a racing season, except that if the commission determines that a licensee cannot conduct a full schedule of live racing performances due to weather conditions, race track conditions, sickness or quarantine not within the control of the licensee, strikes, work stoppages, the commission may permit the licensee to continue simulcasting, and if it appears that a racing meeting licensee is or will become unable to conduct a full schedule of live racing performances, the commission shall suspend such right to simulcast until said licensee conducts or resumes a full schedule of live racing performances, but no racing meeting licensee shall simulcast live races in any racing season unless each said racing meeting licensee, in each of those racing seasons, is licensed to and actually conducts (1) no fewer than a total of 150 racing performances taking place on at least 150 racing days; or (2) conducts 1,100 live races during its racing season, subject to the approval of the New England Horsemen’s Benevolent and Protective Association as this section pertains to the running horse meeting licensee in Suffolk county. For the purpose of this section, failure to reach a contractual agreement for the next racing season by a racing meeting licensee and the appropriate horsemen or dogmen association shall not be considered a strike or work stoppage.”

The amendment was rejected.

Messrs. Clancy and Berry moved to amend the bill, as corrected, in section 2 of section 64 of chapter 10, by inserting after the words “chapter 128A”, the following words:— “a representative of the National Greyhound Association and a representative of the local greyhound association.”

And further moved to amend the bill in said section 2, in the third paragraph, by striking out, in lines 9 to 11, inclusive, the words:— “; and provided, further, that the board shall not condition or otherwise limit such expenditures to any entity on the basis of the entity’s position, public or otherwise, which may oppose dog racing”.

The amendment was rejected.

Mr. Clancy moved to amend the bill, as corrected, in paragraph (5) of section 8 of subsection (c) by striking out, in line 1, the figure “$200,000” and inserting in place therefore the following figure:—“$300,000”; and in line 4 by striking out the figure “$200,000” and inserting in place therefore the following figure:— “$300,000”; and in line 6 by striking out the figure “$80,000” and inserting in place thereof the following figure:— “$155,000”; and in line 10 by striking out the figure “$20,000” and inserting in place thereof the following figure:— “$30,000”; and in line 15 by striking out the figure “$65,000” and inserting in place thereof the following figure:— “$80,000”.
After remarks, the amendment was adopted.

 

There being no objection, during consideration of the Orders of the Day, the following matters were considered.

Bill Recalled from the Governor.

On motion of Ms. Jacques, it was voted that a messenger be appointed to wait upon His Excellency the Governor, requesting the return to the Senate of the engrossed Bill authorizing the commissioner of capital asset management and maintenance to acquire conservation restrictions to lands of the Springfield Water and Sewer Commission (see House, No. 4276).
Ms. Jacques was appointed the messenger. Subsequently, the bill was returned to the Senate.

PAPERS FROM THE HOUSE.

Engrossed Bills.

The following engrossed bills (the first two 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 Acting President and laid before the Acting Governor for her approbation, to wit:

Designating the intersection of state highway Routes 3A and 53 in the city of Quincy as the William P. Diracchio Square (see Senate, No. 1777, changed);

Authorizing the establishment of a library district in the towns of Mendon and Upton (see Senate, No. 1833, amended); and

Relative to the Dracut Water Supply District (see House, No. 428).

Matters Taken Out of the Notice Section of the Calendar.

There being no objection, the following matters were taken out of the Notice Section of the Calendar and considered, as follows:

The House Bill authorizing the Board of Selectmen of the town of Plymouth to operate as a crematory corporation (House, No. 4004),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

The Senate Bill authorizing the city of Medford to grant certain licenses (Senate, No. 1898),— was read a third time and passed to be engrossed.

Sent to the House for concurrence.

Orders of the Day.

The Orders of the Day were further considered, as follows:

The House Bill providing for improvements to the horse and greyhound racing industry in the Commonwealth and the regulation thereof (House, No. 4261, printed as amended, changed),— was again considered, the main question being on passing it to be engrossed.

Ms. Resor, Ms. Fargo, Mr. Hedlund, Mr. Tarr and Ms. Creem moved to amend the bill, as corrected, by inserting after section 40 the following section:—

“SECTION 40A. There shall be a special commission for the purpose of studying and evaluating the impact upon greyhounds of racing at temperatures above 90 degrees Fahrenheit or below 25 degrees Fahrenheit, or when the heat/humidity index is greater than 140 degrees Fahrenheit. The commission shall consist of 1 representative of the greyhound racing licensee in Bristol county, 1 representative of the greyhound racing licensee in Suffolk county, the president of the Massachusetts Society for the Prevention of Cruelty to Animals or his designee, the president of the Animal Rescue League or his designee and state racing commissioner or his designee. The study shall examine and evaluate, but shall not be limited to, whether the physiological characteristics of greyhounds render them more susceptible to heat prostration than thoroughbreds or harness horses and the highest and lowest temperatures at which informed veterinary opinion recommends that greyhound racing be conducted. The commission shall prepare and issue a report and file a copy with the committee on government regulations not later than December 31, 2001. In conjunction with its report, the commission shall propose regulations for the conduct or suspension of greyhound racing during various weather conditions based upon its findings.”

The amendment was adopted.

Mr. Creedon moved to amend the bill, as corrected, in section 2, in the first sentence of the second paragraph of section 64 of chapter 10, by adding the following words:— “the president of the greyhound racing meeting licensees located in Suffolk county or his designee, and the president of the greyhound racing meeting licensees located in Bristol county or his designee; provided further, that for the purpose of the section the greyhound racing meeting licensees located in Bristol county shall be treated as one, a designee of the president of the Massachusetts AFL-CIO from a list submitted by the labor organizations who represent employees at the greyhound race tracks in Suffolk and Bristol counties; and provided further, that no 1 member appointed by the President of the AFL-CIO may serve 2 consecutive years.”

After remarks, the amendment was adopted.

Mr. Creedon moved to amend the bill, Senate 2047, in section 40, by inserting after the word “designee”, in line 6, the following words:— “2 labor representatives from a list submitted by the labor organizations that represent employees employed at the race tracks in the commonwealth designated by the president of the Massachusetts AFL-CIO. The member shall not serve more than 2 consecutive years,” and, in said section 40, by striking out, in line 1, the figure “9” and inserting in place thereof the following figure:— “11”.

The amendment was adopted.

The bill, as amended, was then passed to be engrossed, in concurrence, with the amendments adopted by the Senate. [For text of Senate amendments, see Senate, No. 2074, printed as amended.]

Sent to the House for concurrence in the amendments.

The House Bill relative to dangerous buildings (House, No. 1259),— was read a third time.

After remarks, the question on passing it to be engrossed, in concurrence, was determined by a call of the yeas and nays, at two minutes past three o’clock P.M., on motion of Mr. Lees, as follows, to wit (yeas 37 — nays 0):

YEAS.

Antonioni, Robert A. Menard, Joan M.
Berry, Frederick E. Montigny, Mark C.
Brewer, Stephen M. Moore, Richard T.
Chandler, Harriette L. Morrissey, Michael W.
Clancy, Edward J., Jr. Murray, Therese
Creedon, Robert S., Jr. Nuciforo, Andrea F., Jr.
Creem Cynthia Stone O'Leary Robert A.
Fargo, Susan C. Pacheco, Marc R.
Glodis, Guy W. Panagiotakos, Steven C.
Havern, Robert A. Resor, Pamela
Hedlund, Robert L. Rosenberg, Stanley C.
Jacques, Cheryl A. Shannon, Charles E.
Jajuga, James P. Sprague, Jo Ann
Joyce, Brian A. Tarr, Bruce E.
Knapik, Michael R. Tisei, Richard R.
Lees, Brian P. Tolman, Steven A.
Lynch, Stephen F. Tucker, Susan C.
Magnani, David P. Walsh, Marian-37.
Melconian, Linda J.  

NAYS — 0.

ABSENT OR NOT VOTING.

Travaglini, Robert E. Wilkerson, Dianne — 2.

 

The yeas and nays having been completed at nine minutes past three o’clock P.M., the bill was passed to be engrossed, in concurrence, with the amendments previously adopted by the Senate.

Sent to the House for concurrence in the amendments.

Order Adopted.

On motion of Ms. Murray,—

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 ten minutes past three o’clock P.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.