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 20, 2000.

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

Distinguished Guest.

There being no objection, the President introduced, seated in the Senate gallery, Ruth Vanderlick of Chicopee. Ms. Vanderlick is the recipient of the 2000 Silver Dove Award. She was the guest of Senators Melconian and Knapik.

Reports of Committees.

By Mr. Morrissey, for the committee on Government Regulations, on petition (accompanied by bill, Senate, No. 345), a Bill relative to life, marriage and death records (Senate, No. 2249); and

By Mr. Magnani, for the Senate committee on Science and Technology, on petition, a Bill to promote the training of retirees as volunteer science and technology teachers (Senate, No. 259);

By the same Senator, for the same committee, on petition, a Bill to protect children from harmful information found on the Internet (Senate, No. 1393); and

By the same Senator, for the same committee, on petition, a Bill establishing a science and technology ethics commission for the purpose of advising the governor and legislature (Senate, No. 1396);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Mr. Magnani, for the Senate committee on Science and Technology, on petition, a Bill relative to human cloning (Senate, No. 1394);
Read and, under Senate Rule 26, referred 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 House Bill authorizing the Superintendent of State Office Buildings to install and maintain a plaque in honor of the Massachusetts members of the U.S.S. LST amphibious landing craft (House, No. 5280).

Committees Discharged.

Ms. Melconian, for the committees on Rules of the two branches, acting concurrently, reported, asking to be discharged from further consideration of the Senate Order relative to authorizing the joint committee on Taxation 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 taxation matters (Senate, No. 2245),—and recommending that the same be referred to the Senate committee on Rules.
Under Senate Rule 36, the report was considered forthwith and accepted.

PAPERS FROM THE HOUSE.

Messages were referred, in concurrence, as follows:

Message from His Excellency the Governor (under the provisions of Section 8 of Article LXXXIX of the Amendments to the Constitution) recommending legislation relative to validating the actions taken at certain town meetings in the town of Brookline (House, No. 5378);
To the committee on Local Affairs.

Message from His Excellency the Governor recommending legislation relative to providing for the renovation, development, and lease of the Leverett Saltonstall State Office Building (House, No. 5379);
To the committee on Transportation.

Bills

Authorizing the Commonwealth to acquire certain park land in the city of Chicopee (House, No. 5271,— on petition) [Local approval received];

Authorizing the Division of Capital Asset Management and Maintenance to grant a conveyance of certain property in the city of Malden (House, No. 5305,— on Senate, No. 2226) and

Providing for the disposition of certain property at the Rutland Heights State Hospital (House, No. 5342,— on House, No. 2800) ;
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

A Bill authorizing the town of Hull to increase the pension of firefighter John Clasby (House, No. 5205,— on petition) [Local approval received],— was read and, under Senate Rule 26, referred to the committee on Steering and Policy.

A Bill relative to certain recreation programs in schools (House, No. 4999,— on House, Nos. 2703 and 2710),— was read and, under Senate Rule 26, placed in the orders of the Day for the next session.

Engrossed Bills — Land Taking for Conservation, Etc.

An engrossed Bill authorizing the city known as the town of Methuen to grant certain easements (see House, No. 4212) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at twenty-eight minutes past one o’clock P.M., as follows, to wit (yeas 36 —nays 0):

YEAS.

Antonioni, Robert A. Montigny, Mark C.
Bernstein, Robert A. Moore, Richard T.
Brewer, Stephen M. Morrissey, Michael W.
Clancy, Edward J., Jr. Murray, Therese
Creedon, Robert S., Jr. Nuciforo, Andrea F., Jr.
Creem, Cynthia Stone Pacheco, Marc R.
Fargo, Susan C. Panagiotakos, Steven C.
Glodis, Guy W. Rauschenbach, Henri S.
Hedlund, Robert L. Resor, Pamela
Jacques, Cheryl A. Rosenberg, Stanley C.
Jajuga, James P. Shannon, Charles E.
Joyce, Brian A. Sprague, Jo Ann
Knapik, Michael R. Tarr, Bruce E.
Lees, Brian P. Tisei, Richard R.
Lynch, Stephen F. Travaglini, Robert E.
Magnani, David P. Tucker, Susan C.
Melconian, Linda J. Walsh, Marian
Menard, Joan M. Wilkerson, Dianne — 36.

NAYS — 0.

ABSENT OR NOT VOTING.

Berry, Frederick E. Tolman, Steven A. — 3.
Havern, Robert A.

The yeas and nays having been completed at twenty-five minutes before two o’clock P.M., the bill was passed to be enacted, two-thirds of the members present having agreed to pass the same, and it was signed by the President and laid before the Governor for his approbation.

An engrossed Bill authorizing the town of North Reading to grant an easement in certain recreational land (see House, No. 5127) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at twenty-four minutes before two o’clock P.M., as follows, to wit (yeas 38 — nays 0):

YEAS.

Antonioni, Robert A. Glodis, Guy W.
Bernstein, Robert A. Havern, Robert A.
Berry, Frederick E. Hedlund, Robert L.
Brewer, Stephen M. Jacques, Cheryl A.
Clancy, Edward J., Jr. Jajuga, James P.
Creedon, Robert S., Jr. Joyce, Brian A.
Creem, Cynthia Stone Knapik, Michael R.
Fargo, Susan C. Lees, Brian P.
Lynch, Stephen F. Rauschenbach, Henri S.
Magnani, David P. Resor, Pamela
Melconian, Linda J. Rosenberg, Stanley C.
Menard, Joan M. Shannon, Charles E.
Montigny, Mark C. Sprague, Jo Ann
Moore, Richard T. Tarr, Bruce E.
Morrissey, Michael W. Tisei, Richard R.
Murray, Therese Travaglini, Robert E.
Nuciforo, Andrea F., Jr. Tucker, Susan C.
Pacheco, Marc R. Walsh, Marian
Panagiotakos, Steven C. Wilkerson, Dianne — 38.

NAYS — 0.

ABSENT OR NOT VOTING.

Tolman, Steven A. — 1.

The yeas and nays having been completed at twenty-one minutes before two o’clock P.M., the bill was passed to be enacted, two-thirds of the members present having agreed to pass the same, and it was signed by the President and laid before the Governor for his approbation.

The House Bill relative to disclosure of information to the state police violent fugitive arrest squad (House, No. 130),— came from the House with the endorsement that the House had concurred in the Senate amendments striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 1990; and by striking out the title and inserting in place thereof the following title: “An Act bringing wanted fugitives to justice.”, with further amendments striking out all after the enacting clause and inserting in place thereof the text contained in House document numbered 5371; and by striking out the title (inserted by the Senate by amendment) and inserting in place thereof the following title: “An Act relative to disclosure of information to the state police violent fugitive arrest squad.”.
The rules were suspended, on motion of Ms. Jacques, and the House amendment was considered forthwith.
After remarks, the question on concurring in the adoption of the House amendment was determined by a call of the yeas and nays, at nine minutes before two o’clock P.M., on motion of Ms. Jacques, as follows, to wit (yeas 38 — nays 0):

YEAS.

Antonioni, Robert A. Glodis, Guy W.
Bernstein, Robert A. Havern, Robert A.
Berry, Frederick E. Hedlund, Robert L.
Brewer, Stephen M. Jacques, Cheryl A.
Clancy, Edward J., Jr. Jajuga, James P.
Creedon, Robert S., Jr. Joyce, Brian A.
Creem, Cynthia Stone Knapik, Michael R.
Fargo, Susan C. Lees, Brian P.
Lynch, Stephen F. Rauschenbach, Henri S.
Magnani, David P. Resor, Pamela
Melconian, Linda J. Rosenberg, Stanley C.
Menard, Joan M. Shannon, Charles E.
Montigny, Mark C. Sprague, Jo Ann
Moore, Richard T. Tarr, Bruce E.
Morrissey, Michael W. Tisei, Richard R.
Murray, Therese Travaglini, Robert E.
Nuciforo, Andrea F., Jr. Tucker, Susan C.
Pacheco, Marc R. Walsh, Marian
Panagiotakos, Steven C. Wilkerson, Dianne — 38.

NAYS — 0.

ABSENT OR NOT VOTING.

Tolman, Steven A. — 1.

The yeas and nays having been completed at seven minutes before two o’clock P.M., the Senate concurred in the House amendment.

Recess.

At six minutes before two o’clock P.M., at the request of Mr. Lees, for the purpose of a minority caucus, the President declared a recess; and, at twenty-three minutes past two o’clock P.M., the Senate reassembled, the President in the Chair.

PAPERS FROM THE HOUSE.

Committee of Conference Report.

A report of the committee of conference on the disagreeing votes of the two branches, with reference to the Senate amendment to the House Bill relative to community preservation (House, No. 4866) (amended by the Senate by striking out all after the enacting clause and inserting in place thereof the text contained in Senate document numbered 1988, amended), recommending that the House recede from its NON-concurrence with the Senate in its amendment and concur therein with amendment by striking out all after the enacting clause and inserting in place thereof the text contained in House document numbered 5370; 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 to authorize forthwith municipalities to establish a Community Preservation Fund, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”, and that the Senate concur therein.
The report was considered forthwith; and, after remarks, the question on accepting the report, in concurrence, was determined by a call of the yeas and nays, at three minutes before three o’clock P.M., on motion of Mr. Pacheco, as follows, to wit (yeas 38 — nays 0):

YEAS.

Antonioni, Robert A. Glodis, Guy W.
Bernstein, Robert A. Havern, Robert A.
Berry, Frederick E. Hedlund, Robert L.
Brewer, Stephen M. Jacques, Cheryl A.
Clancy, Edward J., Jr. Jajuga, James P.
Creedon, Robert S., Jr. Joyce, Brian A.
Creem, Cynthia Stone Knapik, Michael R.
Fargo, Susan C. Lees, Brian P.
Lynch, Stephen F. Rauschenbach, Henri S.
Magnani, David P. Resor, Pamela
Melconian, Linda J. Rosenberg, Stanley C.
Menard, Joan M. Shannon, Charles E.
Montigny, Mark C. Sprague, Jo Ann
Moore, Richard T. Tarr, Bruce E.
Morrissey, Michael W. Tisei, Richard R.
Murray, Therese Travaglini, Robert E.
Nuciforo, Andrea F., Jr. Tucker, Susan C.
Pacheco, Marc R. Walsh, Marian
Panagiotakos, Steven C. Wilkerson, Dianne — 38.

NAYS — 0.

ABSENT OR NOT VOTING.

Tolman, Steven A. — 1.

The yeas and nays having been completed at one minute past three o’clock P.M., the report was accepted, in concurrence.

Engrossed Bill.

An engrossed Bill making appropriations for the fiscal year 2000 to provide for supplementing certain existing appropriations and for certain other activities and projects (see House, No. 5139, amended) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was put upon its final passage.
After remarks, the question on passing the bill to be enacted was determined by a call of the yeas and nays, at nine minutes past three o’clock P.M., on motion of Mr. Lees, as follows, to wit (yeas 37 — nays 0):

YEAS.

Antonioni, Robert A. Hedlund, Robert L.
Bernstein, Robert A. Jacques, Cheryl A.
Berry, Frederick E. Jajuga, James P.
Brewer, Stephen M. Joyce, Brian A.
Clancy, Edward J., Jr. Knapik, Michael R.
Creedon, Robert S., Jr. Lees, Brian P.
Creem, Cynthia Stone Lynch, Stephen F.
Fargo, Susan C. Magnani, David P.
Glodis, Guy W. Melconian, Linda J.
Havern, Robert A. Menard, Joan M.
Montigny, Mark C. Rosenberg, Stanley C.
Moore, Richard T. Sprague, Jo Ann
Morrissey, Michael W. Tarr, Bruce E.
Murray, Therese Tisei, Richard R.
Nuciforo, Andrea F., Jr. Travaglini, Robert E.
Pacheco, Marc R. Tucker, Susan C.
Panagiotakos, Steven C. Walsh, Marian
Rauschenbach, Henri S. Wilkerson, Dianne — 37.
Resor, Pamela

NAYS — 0.

ABSENT OR NOT VOTING.

Shannon, Charles E.
Tolman, Steven A. — 2.

The yeas and nays having been completed at thirteen minutes past three o’clock P.M., the bill was passed to be enacted and it was signed by the President and laid before the Governor for his approbation.

Orders of the Day.

The Orders of the Day were considered, as follows:

Bills

Exempting the position of plumbing inspector of the town of Halifax from the provisions of the civil service law (House, No. 4746); and

Relative to a certain parcel of conservation land in the city of Boston (House, No. 5347);
Were severally read a second time and ordered to a third reading.

The Senate Bill relative to the charter of the town of Sutton (Senate, No. 2108),— was read a third time and passed to be engrossed.

Sent to the House for concurrence.

The House bills

Requiring continuing education for electrologists (House, No. 1170) (its title having been changed by the committee on Bills in the Third Reading); and

Further establishing the rights of innkeepers (House, No. 4890);
Were severally read a third time and passed to be engrossed, in concurrence.

The Senate Bill relative to raffles conducted by political committees (Senate, No. 326),— was read a third time.
Pending the question on passing the bill to be engrossed, Messrs. Rosenberg, Glodis and Nuciforo moved that the bill be amended by substituting a new draft with the same title (Senate, No. 2248).
This amendment was adopted.
The bill (Senate, No. 2248) was then passed to be engrossed.

Sent to the House for concurrence.

The House Bill relative to access to autopsy reports (House, No. 2723, amended),— was read a third time and, after remarks, was passed to be engrossed, in concurrence.

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 Senate bills

Designating a certain bridge in the town of Andover as the Captain George L. Street Bridge (Senate, No. 1783); and

Relative to designating the Peter G. Piro bridge (Senate, No. 2093);
Were severally read a second time, ordered to a third reading, read a third time and passed to be engrossed.
Severally sent to the House for concurrence.

The House Bill establishing the position of deputy chief of police in the city known as the town of Franklin (House, No. 5012),— was read a second tine, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

The House Bill relative to certain borrowing of the towns of Groveland and Merrimac (House, No. 3893),— was read a third time and passed to be engrossed, in concurrence.

PAPERS FROM THE HOUSE.

Engrossed Bills.

The following engrossed bills (all of which originated in the House), 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 Governor for his approbation, to wit:

Relative to the composition of the licensing board of the city known as the town of Watertown (see House, No. 4421, amended);

Relative to the traffic commission of the city of Marlborough (see House, No. 4605); and

Placing the members of the police force and the fire department of the town of Hopedale under civil service law (see House, No. 4933).

Orders Adopted.

The following House Orders (severally approved by the committees on Rules of the two branches, acting concurrently) were severally considered forthwith and adopted, in concurrence, to wit:

Ordered, That, notwithstanding the provisions of Joint Rule 10, the committee on Natural Resources and Agriculture be granted until Wednesday, July 26, 2000, the time within which to make its final report on current House document numbered 5227.

Ordered, That, notwithstanding the provisions of Joint Rule 10, the committee on Public Service be granted until Friday, September 1, 2000, the time within which to make its final report on current House documents numbered 5184, 5226 and 5266.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—

Resolutions (filed by Mr. Brewer) “on the occasion of the dedication of the Palson Lodge at the Stetson School in Barre”;

Resolutions (filed by Mr. Brewer) “congratulating the Petersham Brass Band on its 700th community performance”;

Resolutions (filed by Mr. Magnani) “congratulating the Ashland High School varsity baseball team on the occasion of winning the Tri-Valley League title and the MIAA Division III State Championship”; and

Resolutions (filed by Mrs. Sprague) “congratulating Mark T. D. Lucci of Foxboro upon his elevation to the rank of Eagle Scout.”

Report of a Committee.

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill amending an act authorizing the Division of Capital Planning and Operations to convey a certain parcel of land in the town of Clinton (Senate, No. 2129),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Bernstein, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act authorizing the town of Clinton to use a certain parcel of land for safe drinking water purposes.”

Sent to the House for concurrence.

PAPER FROM THE HOUSE.

Order Adopted.

The following House Order (approved by the committees on Rules of the two branches, acting concurrently) was considered forthwith and adopted, in concurrence, to wit:
Ordered, That, notwithstanding the provisions of Joint Rule 10, the committee on Commerce and Labor be granted until Friday, July 21, 2000, the time within which to make its final report on current Senate document numbered 2213; and on House documents numbered 5214 and 5230.

Report of a Committee.

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 House Bill validating certain acts and proceedings of the town meeting in Groveland (printed in House, No. 5046).

There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

PAPER FROM THE HOUSE.

Emergency Preamble Adopted.

An engrossed Bill relative to community preservation (see House, No. 4866, amended), having been certified by the Senate Clerk to be rightly and truly prepared for final passage and containing an emergency preamble,— was laid before the Senate; and, a separate vote being taken in accordance with the requirements of Article LXVII of the Amendments to the Constitution, the preamble was adopted, in concurrence, by a vote of 4 to 0.

The bill was signed by the President and sent to the House for enactment.

Order Adopted.

On motion of Mr. Bernstein,—
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. Rauschenbach, at eighteen minutes before four o’clock P.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.