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 theCommonwealth of Massachusetts

Thursday, July 22, 1999.

Met at eight minutes past eleven o'clock A.M. (Ms. Melconian in the Chair).

 

Report.

A report of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) relative to inspection of the MCI-Shirley Medium Security facility in the town of Shirley (received Tuesday, July 20, 1999),- was read and sent to the House for its information.

 

Petitions.

Petitions were presented and referred, as follows:

By Ms. Creem, a petition (subject to Joint Rule 12) of Cynthia S. Creem, Charles E. Shannon, Michael W. Morrissey, Robert E. Travaglini and Susan C. Fargo for legislation to expand intensive parole supervision for sex offenders; and

By Mr. Moore, a petition (subject to Joint Rule 12) of Richard T. Moore, Colleen M. Garry, James P. Jajuga and Patricia A. Walrath for legislation relative to home schooling;

Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

 

Reports of Committees.

Mr. Brewer, for the committee on Steering and Policy, reported that the following matters be placed in the Orders of the Day for the next session:

The Senate bills

Further regulating change of name or address notices to the Registry of Motor Vehicles (Senate, No. 1065);

Relative to distinctive initial plates (Senate, No. 1067);

Relative to the correspondence of inmates (Senate, No. 1090);

Relative to protecting the identity of a 911 caller (Senate, No. 1431);

Relative to the public records law (Senate, No. 1444); and

Simplifying the approval of certain subdivisions (Senate, No. 1842); and

The Senate reports

Of the committee on Public Safety, ought NOT to pass:

On the petition (accompanied by bill, Senate, No. 1081) of Robert L. Hedlund and Jo Ann Sprague for legislation to modify the motorcycle safety fund;

On the petition (accompanied by bill, Senate, No. 1082) of Robert L. Hedlund for legislation relative to the modification of the driver school law to include motorcycle rider education schools;

On the petition (accompanied by bill, Senate, No. 1116) of Brian P. Lees, Dennis M. Murphy and Elizabeth A. Malia for legislation relative to the enforcement of the seat belt law;

On the petition (accompanied by bill, Senate, No. 1117) of Louis C. Marino for legislation relative to the operation of motor vehicles registered to dealers;

On the petition (accompanied by bill, Senate, No. 1143) of Jeffrey Dropo for legislation relative to defining pyrotechnics;

On the petition (accompanied by bill, Senate, No. 1161) of Henri S. Rauschenbach for legislation to increase the expenditure of the Barnstable County correctional facility;

On the petition (accompanied by bill, Senate, No. 1170) of Bruce E. Tarr and Anthony J. Verga for legislation relative to volunteer, non-profit fire departments; and

On the petition (accompanied by bill, Senate, No. 1174) of Bruce E. Tarr for legislation to allow for contracting with private entities for the labor of prisoners; and

Of the committee on Public Service, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 1277) of Richard T. Moore, Timothy J. Toomey, Jr., and Daniel E. Bosley for legislation to make technical changes in the optional retirement program.

 

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 and directing the joint committee on Health Care to make an investigation and study of certain current Senate documents relative to health insurance (Senate, No. 1937),- 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 an annual town meeting of the town of Blackstone (House, No. 4572);

To the committee on Local Affairs.

Message from His Excellency the Governor recommending legislation relative to providing for the sale, renovation and lease of the Leverett Saltonstall State Office Building (House, No. 4588);

To the committee on State Administration.

 

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4590) of Patricia A. Dowling (mayor), David M. Torrisi, Jose L. Santiago, Barry R. Finegold and others (with the approval of the city council) for legislation to amend the charter of the city of Lawrence relative to the election of school committee members by district;

To the committee on Election Laws.

Petition (accompanied by bill, House, No. 4575) of Anne M. Paulsen, Robert A. Havern and J. James Marzilli, Jr. (by vote of the town) relative to authorizing the town of Arlington to issue bonds and notes for the funding of its health care obligations;

To the committee on Local Affairs.

Petition (accompanied by bill, House, No. 4589) of Walter A. DeFilippi and Linda J. Melconian (by vote of the town) relative to the civil service status of certain provisional employees of the town of West Springfield;

To the committee on Public Service.

 

Bills

Relative to prepress investments (House, No. 1114, amended,- on Senate, Nos. 1610 and 1625 and House, Nos. 552, 1114 and 3194) ; and

Relative to certain capital spending authorizations (House, No. 4574, amended,- on House, No. 4368, in part);

Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

 

Resolutions.

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

Resolutions (filed by Ms. Creem) "honoring Sheila Decter for her community activism."

 

Reports of Committees.

By Ms. Melconian, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Cynthia S. Creem and Louis L. Kafka for legislation to establish a grant program for the development and updating of school curriculums.

Senate Rule 36 was suspended, on motion of Ms. Resor, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Education, Arts and Humanities.

 

By Ms. Melconian, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Cynthia S. Creem and Ruth B. Balser for legislation relative to providing public notice of pharmacists' obligation to offer prescription counseling.

Senate Rule 36 was suspended, on motion of Ms. Resor, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Government Regulations.

By Ms. Melconian, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Jason Scott Wallace and Marie E. Kelp for legislation to further define abuse in domestic relations.

Senate Rule 36 was suspended, on motion of Ms. Resor, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on the Judiciary.

 

By Ms. Melconian, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Robert L. Hedlund for legislation relative to certain collectable firearms and federally licensed collectors of firearms curios and artifacts.

Senate Rule 36 was suspended, on motion of Ms. Resor, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Safety.

 

By Ms. Melconian, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Edward Jacobs for legislation relative to retirement benefits for certain Department of Correction employees.

Senate Rule 36 was suspended, on motion of Ms. Resor, 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.

 

By Ms. Melconian, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Cynthia Stone Creem for legislation to protect state fire investigators retirement benefits due to disability or death caused by diseases of lungs or respiratory tract.

Senate Rule 36 was suspended, on motion of Ms. Resor, 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.

Severally sent to the House for concurrence.

 

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4597) of Thomas J. O'Brien and other members of the General Court for legislation to authorize the Plymouth County Sheriff's Department to operate and maintain a county medical dispatch communications system;

Under suspension of Joint Rule 12, to the committee on Counties.

Petition (accompanied by bill, House, No. 4601) of Ellen Story relative to filing an extension of restrictions on certain real property located in the town of Amherst;

Under suspension of Joint Rule 12, to the committee on the Judiciary.

Petition (accompanied by bill, House, No. 4603) of Mary Jane Simmons and Robert A. Antonioni (with the approval of the mayor and city council) that the city of Leominster be authorized to borrow a sum of money for the renovation of certain city owned buildings and the leasing of space for courthouse facilities;

Under suspension of Joint Rule 12, to the committee on Local Affairs.

Petition (accompanied by bill, House, No. 4598) of Arthur J. Broadhurst and James P. Jajuga relative to disability pensions of police and fire fighters with illnesses caused by hepatitis;

Petition (accompanied by bill, House, No. 4599) of Arthur J. Broadhurst relative to authorizing municipal retirement boards to pay fees to certain legal advisors; and

Petition (accompanied by bill, House, No. 4602) of Barbara Gardner and Pamela P. Resor relative to the appointment of Peter J. Goodney to the state police, notwithstanding certain maximum age requirements;

Severally, under suspension of Joint Rule 12, to the committee on Public Service.

 

Committee of Conference.

The House Bill protecting patients in the Commonwealth (House, No. 4525),- came from the House with the endorsement that the House had NON-concurred in the Senate amendments:

Striking out all after the enacting clause and inserting in place thereof the text contained in Senate document numbered 1746; and striking out the title and inserting in place thereof the following title: "An Act protecting the health and safety of consumers from certain managed care practices in the insurance industry."), and had asked for a committee of conference on the disagreeing votes of the two branches; and that Representatives Haley of Weymouth, Chandler of Worcester and Hahn of Westfield had been appointed the committee on the part of the House.

On motion of Ms. Resor, the Senate insisted on its amendment and concurred in the appointment of a committee of conference; and Senators Montigny, Moore and Rauschenbach were appointed on the part of the Senate.

The bill was returned to the House endorsed accordingly.

 

The House Bill relative to certain conservation restrictions in the town of Sudbury (printed in House, No. 4228,- being a message from His Excellency the Governor),- was read.

There being no objection, the rules were suspended, on motion of Ms. Resor, and the bill was read a second time.

Ms. Fargo presented an amendment, inserting after section 3, the following section:

"SECTION 3A. Section 1 of chapter 122 of the acts of 1998 is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The town of Sudbury, acting by its board of selectmen, may release a certain parcel of land subject to the conservation restriction granted to the town by Arden B. MacNeill on June 13, 1984 and recorded at Middlesex south district registry of deeds, Book 15697, Page 022, from said restriction."

The amendment was adopted.

The bill, as amended, was ordered to a third reading, read a third time and passed to be engrossed, in concurrence, with the amendment.

Sent to the House for concurrence in the amendment.

 

A Bill authorizing the issuance of an all alcoholic beverages license in the city of Marlborough (House, No. 4239,- on petition) [Local approval received],- was read.

There being no objection, the rules were suspended, on motion of Ms. Resor, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence, its title having been changed by the committee on Bills in the Third Reading to read as follows: "An Act authorizing the city of Marlborough to issue an additional license for the sale of all alcoholic beverages to be drunk on the premises."

 

Bills

Relative to the filing deadline for nomination papers for President of the United States (House, No. 4539,- on petition); and

Validating the results of the special town election held inthe town of North Brookfield on July 12, 1999 (printed in House, No. 4571,- being a message from His Excellency the Governor);

Were severally read.

There being no objection, the rules were suspended, on motion of Ms. Resor, and the bills were severally read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

 

Order Adopted.

On motion of Ms. Resor,-

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.

 

 

Adjournment in memory of John F. Kennedy, Jr., Carolyn Bessette Kennedy and Lauren Bessette.

Ms. Resor moved that when the Senate adjourns today, it adjourn in memory of John F. Kennedy, Jr., Carolyn Bessette Kennedy and Lauren Bessette, who were tragically killed in a plane crash off the coast of Martha's Vineyard last weekend. The motion prevailed.
Accordingly, as a mark of respect to the memory of the late John F. Kennedy, Jr., Carolyn Bessette Kennedy and Lauren Bessette, at sixteen minutes past eleven o'clock A.M., on motion of Mr. Knapik, the Senate adjourned to meet again on Monday next at eleven o'clock A,M.