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

Friday, July 28, 2000.

Met at five minutes past eleven o’clock A.M.

Reports of Committees.

By Mr. Panagiotakos, for the committee on Housing and Urban Development, on petition, a Bill authorizing certain amendments to the housing and employment exaction requirements (linkage) with respect to large-scale commercial real estate development (printed as House, No. 5350) [Local approval received from the city of Boston]; and

By Ms. Walsh, for the committee on Taxation, on petition, a Bill relative to an increase in the exemption from residential real property in the city of Somerville from 20 percent to 30 percent (Senate, No. 2234) [Local approval received];
Severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

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 Bill to protect patient confidentiality (Senate, No. 789); and

The House Bill relative to the civil service rights of certain intermittent police officers and firefighters (House, No. 5263, amended).

Committee Discharged.

Ms. Melconian, for the committee on Rules, to whom was referred the Senate Order relative to authorizing the joint committee on Banks and Banking to make an investigation and study of various House documents relative to chartering of banks and credit unions and related matters (Senate, No. 1869), reported, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 4257) of Philip Travis, other members of the General Court and others relative to the Massachusetts Credit Union Share Insurance Corporation,— and recommending that the same be recommitted to the committee on Banks and Banking.
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) relative to validating the actions taken at the town election held in the town of Erving on May 1, 2000 (House, No. 5407);

To the committee on Election Laws.

Message from His Excellency the Governor (under the provisions of Section 8 of Article LXXXIX of the Amendments to the Constitution) relative to the issuance of certain licenses for the sale of alcoholic beverages in the town of Orleans (House, No. 5408);
To the committee on Government Regulations.

Bills

Relative to the licensure of sign installers (House, No. 236, changed and amended,— on petition);

Authorizing the Division of Capital Asset Management and Maintenance to convey certain land in the town of Tewskbury (House, No. 357, amended,— on House, Nos. 357 and 896);

Relative to retirement rights of certain employees of the judiciary (House, No. 1247, amended,— on petition);

Relative to sales and use taxes on aircraft (House, No. 4837,— on House, No. 547);

Authorizing the transfer of a certain parcel of land in the town of North Reading (House, No. 5231, amended,— on petition) [Local approval received];

Relative to needlestick injury prevention (House, No. 5394,— on House, Nos. 969 and 2513); and

Relative to the taxation of cable television facilities (House, No. 5409,— on House, No. 1270);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

Bills

Authorizing the city of Woburn to use certain park land for school purposes (House, No. 5160,— on petition) [Local approval received]; and

Authorizing the town of Mashpee to hold a fall annual town meeting (House, No. 5197,— on petition) [Local approval received];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Engrossed Bill.

An engrossed Bill validating the action taken at the special town election held in the town of Acushnet (see House Bill, printed in House, No. 5207) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be enacted, two-thirds of the members present having voted in the affirmative, and it was signed by the President and laid before the Governor for his approbation.

Matters Taken Out of the Orders of the Day.

There being no objection, the following matters were taken out of the Orders of the Day and considered, as follows:

The House Bill relative to referendum procedure in the town of Dartmouth (House, No. 4695),— was read a third time and passed to be engrossed, in concurrence.

The Senate Bill providing that the title of executive secretary be changed to town administrator for the town of Acushnet (Senate, No. 2037),— was read a third time and passed to be engrossed.

Sent to the House for concurrence.

Communication.

The Clerk read the following communication:

COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS SENATE
STATE HOUSE, BOSTON 02133-1053

July 27, 2000.

Mr. Patrick F. Scanlan
Clerk of the Massachusetts Senate
State House, Room 335
Boston, MA 02133

Dear Mr. Clerk:

On July 27, 2000, I had a commitment outside of the building and therefore I was unable to be present for a roll call vote taken on the following matter.

H-4990, Bill Authorizing the Conveyance to the Town of Billerica of a Certain Parcel of Land in Said Town to be Used for Construction of a Water Treatment Plant.

Had I been present, I would have voted in the affirmative on the above matter. I would appreciate your assistance with the printing of this communication in the Senate Journal. Thank you in advance for your assistance in this matter.

Sincerely,
DIANNE WILKERSON,
State Senator,
Second Suffolk District
.

On motion of Ms. Melconian, the above statement was ordered printed in the Journal of the Senate.

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:

Authorizing a privatized wastewater facility for the town of Provincetown (see House, No. 4325); and

Relative to town meetings in the town of Truro (see House, No. 5169).

An engrossed Bill validating the actions taken at certain town meetings in the town of Brookline (see House Bill, printed in House, No. 5378) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be enacted, two-thirds of the members present having voted in the affirmative, and it was signed by the President and laid before the Governor for his approbation.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 5412) of Robert A. DeLeo, Kathi-Anne Reinstein, Anthony Petruccelli, Robert E. Travaglini and Thomas F. Birmingham for legislation to designate certain pavilions in the city of Revere as the Senator Francis D. Doris Pavilions;
Under suspension of Joint Rule 12, to the committee on Housing and Urban Development.

Petition (accompanied by bill, House, No. 5413) of Antonio F. D. Cabral, Mark C. Montigny, George Rogers and Robert M. Koczera relative to the benefits paid by the New Bedford Police Association;
Under suspension of Joint Rules 12 and 9, to the committee on Insurance.

A Bill designating a portion of Route 139 in the town of Marshfield as the Korean War Memorial Highway (House, No. 5145,— on petition),— was read.
There being no objection, the rules were suspended, on motion of Mr. Moore, 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 designating a portion of state highway route 139 in the town of Marshfield as the Korean War Veterans Memorial Highway.”

A Bill authorizing the Medford Retirement Board to change the option of a certain retiree (House, No. 5295, changed,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Rauschenbach, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Matter Taken Out of the Orders of the Day.

There being no objection, the following matter was taken out of the Orders of the Day and considered, as follows:

The House Bill authorizing the Centerville-Osterville-Marston Mills Fire District to establish a betterment reserve fund (House, No. 3718),— 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 Centerville-Osterville-Marstons Mills Fire District to establish a betterment reserve fund.”

Recess.

There being no objection, at twelve minutes past eleven o’clock A.M., the President declared a recess subject to the call of the Chair; and, at eleven minutes past three o’clock P.M., the Senate reassembled, Mr. Rosenberg in the Chair.

Motion to Reconsider.

Mr. Rauschenbach moved that the Senate reconsider the vote by which, at the preceding session, it had passed to be engrossed, with an amendment, the Senate Bill establishing enhanced wireless 911 service (Senate, No. 2260).
On further motion of the same Senator, the further consideration of the motion was postponed until the next session.

Reports of a Committee.

By Mr. Montigny, for the committee on Ways and Means, that the House Bill relative to self-insured workers’ compensation groups (House, No. 5010),— ought to pass, with an amendment, by inserting in section 1, after the word “which”, the following words:— “are composed of more than 1000 members and.”; and by inserting in section 2, after the word “which” the first time it appears, the following words:— “is composed of more than 1000 members and.”.
There being no objection, the rules were suspended, on motion of Mr. Rauschenbach, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill, as amended, was then ordered to a third reading.

By Mr. Montigny, for the committee on Ways and Means, that the House Bill relative to compliance with life safety codes, remediation of environmental hazards, and the preservation and management of the Commonwealth’s real property assets (House, No. 5289),— ought to pass, with an amendment, striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2264 (Estimated cost — Bond authorizations: $117,000,000).
There being no objection, the rules were suspended, on motion of Mr. Rauschenbach, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill, as amended, was then ordered to a third reading.

By Mr. Montigny, for the committee on Ways and Means, that the House Bill authorizing the Division of Capital Asset Management and Maintenance to grant a conveyance of certain property in the city of Malden (House, No. 5305),— ought to pass, with an amendment, striking out section 2 and inserting in place thereof the following:—
“SECTION 2. The city of Malden shall pay as part of the consideration described in section 1, the sum of $500,000 in the following manner. In fiscal years 2001 to 2006, inclusive, the city’s lottery distribution from the State Lottery Fund under the provisions of section 35 of chapter 10 of the General Laws shall be reduced by $100,000.”
There being no objection, the rules were suspended, on motion of Mr. Rauschenbach, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill, as amended, was then ordered to a third reading.

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill providing for disclosure of certain information relating to tobacco products sold in the Commonwealth (Senate, No. 1778),— ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 2265).
There being no objection, the rules were suspended, on motion of Mr. Rauschenbach, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2265) was then ordered to a third reading.

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill relative to anesthesia coverage for children hospitalized for dental treatment (Senate, No. 1924),— ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 2266).
There being no objection, the rules were suspended, on motion of Mr. Rauschenbach, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2266) was then ordered to a third reading.

Orders Adopted.

Mr. Rauschenbach offered the following order, to wit:

Ordered, That, notwithstanding the provisions of any rule to the contrary, full consideration, without delay, shall be allowed by the Senate on Saturday, July 29, 2000 with relation to legislation relative to the construction and financing of infrastructure and other improvements in the city of Boston and around Fenway Park (printed in House, No. 5405). All amendments offered by members must be filed with the Clerk of the Senate no later than eleven o’clock A.M., on Saturday, July 29, 2000.
The order was considered forthwith; and, there being no objection, it was adopted.

On motion of Mr. Rauschenbach,—
Ordered, That when the Senate adjourns today, it adjourn to meet again tomorrow at eleven o’clock A.M.

On motion of Mr. Rauschenbach, at eighteen minutes past three o’clock P.M., the Senate adjourned to meet again tomorrow at eleven o’clock A.M.