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NOTICE: - While reasonable efforts have been made to assure the accuracy of the data herein, this is NOT the official version of Senate Journal. It is published to provide information in a timely manner, but has not been proofread against the events of the session for this day. All information obtained from this source should be checked against a proofed copy of the Senate Journal. |
Wednesday, August 4, 1999.
Met at nineteen minutes before two o'clock P.M.
There being no objection, during consideration of the Orders of the Day, the President introduced, seated in the rear of the Chamber, Maggie Joyce. Maggie is the seven-year-old daughter of Senator Brian Joyce.
The following communication was received and placed on file, to
wit:
COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS SENATE
STATE HOUSE, BOSTON 02133
August 4, 1999.
Mr. Patrick Scanlan
Senate Clerk
State House, Room 335
Boston, Massachusetts 02133
Dear Mr. Clerk:
I would like to take this opportunity to inform you that due to a death in my family, I will be
attending only part of today's formal session. Any roll call votes that I miss will be due to this
unfortunate tragedy.
Thank you for your attention to this matter.
Sincerely,
THOMAS C. NORTON,
State Senator.
Petition.
Mr. Hedlund presented a petition (subject to Joint Rule 12) of Robert L. Hedlund for legislation relative to excluding certain semi-automatic shotguns and remanufactured shotguns from the definition of assault weapons and associated penalties,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.
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 the refusal to reissue a credit card (Senate, No. 20).
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
authorizing the placement of a portable classroom on Jackson Park in the town of Swampscott
(House, No. 4638);
To the committee on Local Affairs.
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 authorizing the town of Wayland to convey a certain conservation easement,
notwithstanding the provisions of the uniform procurement law (House, No. 4639);
To the committee on State Administration.
A Bill relative to additional licenses for the sale of alcoholic beverages (House, No. 3997,—
on House Nos. 2686, 3996 and 3997),— was read and, under Senate Rule 26, referred
to the committee on Steering and Policy.
A Bill authorizing the town of Swampscott to rescind its acceptance of a certain General Law
(House, No. 4382,— on petition) [Local approval received],— was
read and, under Senate Rule 26, placed in the Orders of the Day for the next session.
Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 4625) of Shirley Gomes and Henri S. Rauschenbach
(by vote of the town) relative to certain conservation land in the town of Chatham;
Petition (accompanied by bill, House, No. 4626) of Maryanne Lewis (by vote of the town)
relative to authorizing the cemetery commissioners of the town of Dedham to refund certain
monies;
Petition (accompanied by bill, House, No. 4627) of Maryanne Lewis (by vote of the town) for
legislation to authorize the town of Dedham to reimburse certain sewer use fees; and
Petition (accompanied by bill, House, No. 4628) of Ripley E. Hastings, John A. Locke, Susan C.
Fargo and others (by vote of the town) relative to the conservation commission of the town of
Weston;
Severally to the committee on Local Affairs.
The orders of the Day were considered, as follows:
The Senate bills
Relative to the practice of public accountancy (Senate, No. 368);
Relative to an underage law enforcement agent, acting under direct control of a police officer
and/or alcoholic beverages control commission enforcement officer, enabling them to lawfully
purchase and take possession of an alcoholic beverage in a selective liquor enforcement program
(Senate, No. 375);
Protecting consumers against additional charges from new area codes (Senate, No. 381);
Relative to municipal light department security deposits (Senate, No. 382);
Relative to the Board of State Examiners of Plumbers (Senate, No. 384);
Providing for the annual inspection of schools, churches, hospitals, theatres, arenas and other
public buildings by gas corporations in the Commonwealth (Senate, No. 389);
Pertaining to emergency telecommunications (Senate, No. 400);
Relative to medical examinations required by certain boards of registration (Senate, No. 416);
Further defining the practice of mental health counseling (Senate, No. 609);
Relative to the leasing of certain property by the towns of Groveland, Merrimac and West
Newbury (Senate, No. 957);
Further regulating the sale and advertising of certain produce and turkeys (Senate, No. 974);
Further regulating the sale of poultry and produce (Senate, No. 980);
Designating a portion of the Blackstone River and Canal Heritage State Park as the Honorable
William A. L. Bazeley Memorial Recreation Area (Senate, No. 1021);
Establishing the Blackstone Valley heritage district and commission (Senate, No. 1023);
Relative to the use of out-of-state motor vehicle licenses as valid identification (Senate, No.
1150);
Relative to appointments to police service (Senate, No. 1236);
Pertaining to the rights of fire fighters and police officers (Senate, No. 1238);
Pertaining to the appointment of fire fighters and police officers (Senate, No. 1251);
To enhance procurement expertise (Senate, No. 1449);
Relative to the taxation of certain property of resident owners of cooperative housing
corporations (Senate, No. 1656);
Providing for the conveyance by the town of Rowley of conservation land (Senate, No. 1718);
Authorizing the city of Haverhill to grant certain easements to Portland Natural Gas
Transmission System and Maritimes and Northeast Pipeline, L.L.C. (Senate, No. 1801);
Relative to licensed veterans organizations (Senate, No. 1812); and
Providing for equal treatment of resident owners of cooperative housing corporations in
assessment of local taxes (printed as House, No. 561);
Were severally read a second time and ordered to a third reading.
The Senate reports
Of the committee on Government Regulations, ought NOT to pass, on the petition (accompanied
by bill, Senate, No. 361) of Richard Piper for legislation to require periodic testing of all licensed
realtors in the Commonwealth;
Of the same committee, ought NOT to pass, on the petition (accompanied by bill, Senate, No.
362) of Richard Piper for legislation to require periodic competency testing of all licensed and
registered electricians in the Commonwealth;
Of the same committee, ought NOT to pass, on the petition (accompanied by bill, Senate, No.
363) of Richard Piper for legislation to require periodic competency testing of all licensed and
registered plumbers in the Commonwealth;
Of the committee on Public Safety, ought NOT to pass, on the petition (accompanied by bill,
Senate, No. 1107) of James P. Jajuga, Kevin L. Finnegan, Paul C. Casey and other members of
the General Court for legislation relative to police pursuits; and
Of the committee on Public Service, ought NOT to pass, on the petition (accompanied by bill,
Senate, No. 1353) of Bruce E. Tarr for legislation to permit public disclosure of certain collective
bargaining proposals;
Were severally considered; and they were accepted.
The House report of the committee on Government Regulations, ought NOT to pass, on so much
of the recommendations of the Office of Consumer Affairs and Business Regulation (House, No.
9) as relates to the testing of natural gas meters (accompanied by bill, House, No. 44),—
was considered; and it was accepted, in concurrence.
PAPERS FROM THE HOUSE.
There being no objection, during consideration of the Orders of the
Day, the committee of conference on the disagreeing votes of the two branches, with reference to
the Senate amendments to the House Bill making appropriations for the fiscal year 1999 to
provide for certain capital and supplemental appropriations (House, No. 4298) (amended by
the Senate by striking out all after the enacting clause and inserting in place thereof the text
contained in Senate document numbered 1823; by inserting before the enacting clause an
emergency preamble; and by striking out the title and inserting in place thereof a new title),
reported, in part, a "Bill making certain supplemental appropriations for fiscal year 1999 and
relative to certain capital spending and bonded debt of the Commonwealth (House, No. 4640).".
The report was read, considered forthwith and after remarks, was accepted, in concurrence.
The Orders of the Day were further considered, as follows:
The Senate Bill relative to residency requirements for a fortune teller's license (Senate, No.
414),— was read a second time and, after debate, was ordered to a third reading.
The Senate Bill relative to exempting boards of health (Senate, No. 1443),— was read a
second time and ordered to a third reading.
The Senate Bill to maintain privacy (Senate, No. 161),— was read a third time and, on
motion of Mr. Knapik, the bill was amended by substituting a new draft with the same title
(Senate, No. 1944).
After remarks, the question on passing the bill to be engrossed was determined by a call of the
yeas and nays, at twelve minutes past two o'clock P.M., on motion of Mr. Knapik, as follows, to
wit (yeas 38 — nays 0):
| Antonioni, Robert A. | Montigny, Mark C. |
| Bernstein, Robert A. | Moore, Richard T. |
| Berry, Frederick E. | Morrissey, Michael W. |
| Brewer, Stephen M. | Murray, Therese |
| Clancy, Edward J., Jr. | Norton, Thomas C. |
| 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. |
| 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 |
| Melconian, Linda J. | Wilkerson, Dianne — 38. |
| Travaglini, Robert E. — 1. |
The yeas and nays having been completed at sixteen minutes past
two o'clock P.M., the bill (Senate, No. 1944) was passed to be engrossed.
The Senate Bill to regulate the speed of school buses on limited access highways (Senate, No.
1111),— was read a third time and passed to be engrossed.
The Senate report of the committee on Local Affairs, ought NOT to pass, on the petition
(accompanied by bill, Senate, No. 960) of Bruce E. Tarr for legislation to promote housing
production on existing ways,— was considered; and it was accepted.
The Senate Bill relative to the zoning of child care facilities (Senate, No. 937),— was
considered, the question being on ordering it to a third reading.
The pending amendment, previously recommended by the committee on Human Services and
Elderly Affairs, by substituting an order relative to authorizing the joint committee on Human
Services and Elderly Affairs to sit during the recess of the General Court for the purpose of
making an investigation and study of Senate document numbered 937, relative to child care
zoning (Senate, No. 1802),— was considered; and it was adopted.
The order (Senate, No. 1802) was then referred, under Joint Rule 29, to the committees on
Rules of the two branches, acting concurrently.
There being no objection, during consideration of the Orders of the Day, the following matters
were considered, as follows:
Under the provisions of Joint Rule 10, the following matter was
reported, the time within which the said committee was required to report having
expired:—
Of the committee on Housing and Urban Development, ought NOT to pass (under Joint Rule 10)
on the petition (accompanied by bill, Senate, No. 567) of Dianne Wilkerson, Christopher J.
Hodgkins, David P. Magnani, Gloria L. Fox and Benjamin Swan for legislation authorizing
municipalities to offer financial incentives for rental subsidies to owners of affordable housing.
There being no objection, the rules were suspended, on motion of Mr. Panagiotakos, and the
matter was considered forthwith.
Mr. Panagiotakos and Ms. Wilkerson moved that the report be amended by substitution of a "Bill
authorizing municipalities to protect low and moderate income tenants and units of
governmentally involved housing" (Senate, No. 1946).
Mr. Rosenberg in the Chair (having been appointed by the President, under authority conferred
by Senate Rule 4, to perform the duties of the Chair), after debate, the motion prevailed, and the
bill was read.
There being no objection, the rules were suspended, on motion of Ms. Wilkerson, and the
bill (Senate, No. 1946) was read a second time, ordered to a third reading, read a third time and
passed to be engrossed.
PAPERS FROM THE HOUSE.
An engrossed Bill making certain supplemental appropriations for
fiscal year 1999 and relative to certain capital spending and bonded debt of the Commonwealth
(see House, No. 4640), 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 17 to 0.
The bill was signed by the Acting President and sent to the House for enactment.
An engrossed Bill authorizing the Swansea Water District to acquire and convey certain parcels of land (see House, No. 4529) (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-three minutes before three o'clock P.M., as follows, to wit (yeas 38 — nays 0):
| Antonioni, Robert A. | Lees, Brian P. |
| Bernstein, Robert A. | Lynch, Stephen F. |
| Berry, Frederick E. | Magnani, David P. |
| Brewer, Stephen M. | Melconian, Linda J. |
| Clancy, Edward J., Jr. | Montigny, Mark C. |
| Creedon, Robert S., Jr. | Moore, Richard T. |
| Creem, Cynthia Stone | Morrissey, Michael W. |
| Fargo, Susan C. | Murray, Therese |
| Glodis, Guy W. | Norton, Thomas C. |
| Havern, Robert A. | Nuciforo, Andrea F., Jr. |
| Hedlund, Robert L. | Pacheco, Marc R. |
| Jacques, Cheryl A. | Panagiotakos, Steven C. |
| Jajuga, James P. | Rauschenbach, Henri S. |
| Joyce, Brian A. | Resor, Pamela |
| Knapik, Michael R. | Rosenberg, Stanley C. |
| Shannon, Charles E. | Tolman, Steven A. |
| Sprague, Jo Ann | Tucker, Susan C. |
| Tarr, Bruce E. | Walsh, Marian |
| Tisei, Richard R. | Wilkerson, Dianne — 38. |
| Travaglini, Robert E. — 1. |
The yeas and nays having been completed at nineteen minutes before three 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 Acting President and laid before the Governor for his approbation.
An engrossed Bill relative to a certain parcel of land in the town of Belchertown (see House, No.
4139) (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 eighteen minutes before three
o'clock P.M., as follows, to wit (yeas 37 — nays 0):
| Antonioni, Robert A. | Montigny, Mark C. |
| Bernstein, Robert A. | Moore, Richard T. |
| Berry, Frederick E. | Morrissey, Michael W. |
| Brewer, Stephen M. | Murray, Therese |
| Clancy, Edward J., Jr. | Nuciforo, Andrea F., Jr. |
| Creedon, Robert S., Jr. | Pacheco, Marc R. |
| Creem, Cynthia Stone | Panagiotakos, Steven C. |
| Fargo, Susan C. | Rauschenbach, Henri S. |
| Glodis, Guy W. | Resor, Pamela |
| Havern, Robert A. | Rosenberg, Stanley C. |
| Hedlund, Robert L. | Shannon, Charles E. |
| Jacques, Cheryl A. | Sprague, Jo Ann |
| Jajuga, James P. | Tarr, Bruce E. |
| Joyce, Brian A. | Tisei, Richard R. |
| Knapik, Michael R. | Tolman, Steven A. |
| Lees, Brian P. | Tucker, Susan C. |
| Lynch, Stephen F. | Walsh, Marian |
| Magnani, David P. | Wilkerson, Dianne — 37. |
| Melconian, Linda J. |
| Norton, Thomas C. | Travaglini, Robert E. — 2. |
The yeas and nays having been completed at fourteen minutes before three 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 Acting President and laid before the Governor for his approbation.
An engrossed Bill authorizing the town of Winthrop to use certain park and recreation land for
school purposes (see House, No. 4429) (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 thirteen
minutes before three o'clock P.M., as follows, to wit (yeas 37 — nays 0):
| Antonioni, Robert A. | Montigny, Mark C. |
| Bernstein, Robert A. | Moore, Richard T. |
| Berry, Frederick E. | Morrissey, Michael W. |
| Brewer, Stephen M. | Murray, Therese |
| Clancy, Edward J., Jr. | Nuciforo, Andrea F., Jr. |
| Creedon, Robert S., Jr. | Pacheco, Marc R. |
| Creem, Cynthia Stone | Panagiotakos, Steven C. |
| Fargo, Susan C. | Rauschenbach, Henri S. |
| Glodis, Guy W. | Resor, Pamela |
| Havern, Robert A. | Rosenberg, Stanley C. |
| Hedlund, Robert L. | Shannon, Charles E. |
| Jacques, Cheryl A. | Sprague, Jo Ann |
| Jajuga, James P. | Tarr, Bruce E. |
| Joyce, Brian A. | Tisei, Richard R. |
| Knapik, Michael R. | Tolman, Steven A. |
| Lees, Brian P. | Tucker, Susan C. |
| Lynch, Stephen F. | Walsh, Marian |
| Magnani, David P. | Wilkerson, Dianne — 37. |
| Melconian, Linda J. |
| Norton, Thomas C. | Travaglini, Robert E. — 2. |
The yeas and nays having been completed at ten minutes before three 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 Acting President and laid before the Governor for his approbation.
The Orders of the Day were further considered, as follows:
The Senate Bill providing for an accelerated transportation development and improvement
program for the Commonwealth (Senate, No. 1941),— was read a third time, the main
question being on passing the bill to be engrossed.
Messrs. Montigny, Havern and Rosenberg moved that the bill be amended by inserting after
section 2 the following six sections:—
"SECTION 2A. To provide for a program of transportation development and improvements, the
sums set forth in section 2B for the several purposes and subject to the conditions specified in
this act and are hereby made available subject to the provisions of law regulating the
disbursement of public funds and approval thereof.
SECTION 2B.
EXECUTIVE OFFICE OF
TRANSPORTATION AND CONSTRUCTION.
Department of Highways.
SECTION 2C. To meet the expenditures necessary in carrying out the
provisions of section 2B, the state treasurer shall, upon request of the governor, issue and sell
bonds of the commonwealth in amounts to be specified by the governor from time to time but not
exceeding, in the aggregate, the sum of $150,000,000 to be in addition to those bonds previously
authorized for projects and programs which remain uncommitted or unobligated on the effective
date of this act. All bonds issued by the commonwealth as aforesaid shall be designated on their
face, Highway Improvement Loan, Act of 1999, and shall be issued for such maximum term of
years, not exceeding 20 years, as the governor may recommend to the general court pursuant to
Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth. All such
bonds shall be payable not later than June 30, 2024. All interest and payments on account of
principal of such obligations shall be payable from the Highway Fund. Bonds and interest
thereon issued under the authority of this section shall be general obligations of the
commonwealth. Any bonds issued by the state treasurer pursuant to this section shall, upon the
request of the governor, be issued as special obligation bonds pursuant to section 2O of chapter
29 of the General Laws. In deciding whether to request the issuance of particular bonds as special
obligations, the governor shall take into account: (i) generally prevailing financial market
conditions; (ii) the impact of each approach on the overall capital financing plans and needs of
the commonwealth; (iii) any ratings assigned to outstanding bonds of the commonwealth and any
ratings expected to be assigned by any nationally-recognized credit rating agency to the bonds
proposed to be issued; and (iv) any applicable provisions of a trust agreement or credit
enhancement agreement entered into pursuant to said section 2O of said chapter 29. All special
obligation revenue bonds issued pursuant to this section shall be designated on their face, Special
Obligation Revenue Highway Improvement Loan, Act of 1999, and shall be issued for a
maximum term of years, not exceeding 20 years, as the governor may recommend to the general
court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the
Commonwealth; provided, however, that all such bonds shall be payable not later than June 30,
2024. All interest and payments on account of principal on such obligations shall be payable
from the Infrastructure Fund established in said section 2O of said chapter 29. Special obligation
bonds issued pursuant to this section shall be special obligations of the commonwealth payable
solely in accordance with the provisions of said section 2O of said chapter 29.
SECTION 2D. The state treasurer may borrow from time to time on the credit of the
commonwealth such sums as may be necessary for the purpose of meeting payments authorized
by section 2B and may issue and renew from time to time notes of the commonwealth therefor
bearing interest payable at such times and at such rates as shall be fixed by the state treasurer.
Such notes shall be issued and may be renewed one or more times for such terms, not exceeding
one year, as the governor may recommend to the general court in accordance with Section 3 of
Article LXII of the Amendments to the Constitution of the Commonwealth, but the final
maturities of the notes, whether original or renewal, shall not be later than June 30, 2004. All
interest and payments on account of principal of such obligations shall be payable from the
Highway Fund. Notes and interest thereon issued under the authority of this section shall be
general obligations of the commonwealth. The state treasurer may determine to issue any notes
as special obligations pursuant to section 2O of chapter 29 of the General Laws if the notes or
renewals thereof are to be paid from the proceeds of special obligation bonds to be issued
pursuant to said section 2O.
SECTION 2E. The funds appropriated in item 6037-0019 of section 2B are hereby made
available and shall be in addition to those funds appropriated in clause (c) of section 3 of chapter
15 of the acts of 1988, section 10 of chapter 208 of the acts of 1988, clause (c) of section 3 of
chapter 33 of the acts of 1991, item 6010-3950 of section 2A of chapter 85 of the acts of 1994,
item 6036-9698 of section 2A of chapter 113 of the acts of 1996, and item 6033-9798 of section
2B of chapter 11 of the acts of 1997 for projects for construction and reconstruction of town and
county ways as described in subclause (a) of clause (2) of the second paragraph of section 34 of
chapter 90 of the General Laws. A city or town shall comply with procedures established by the
department of highways and any such city or town may appropriate for such projects amounts
not in excess of the amounts provided to such city or town under this section and any such
appropriation shall be considered as an available fund upon the approval of the commissioner of
revenue pursuant to section 23 of chapter 59 of the General Laws. The commonwealth shall
reimburse any such city or town under this section within 30 days of receipt by the department of
a request for reimbursement from the city or town, such request to include certification by such
city or town that actual expenses have been incurred on projects eligible for reimbursement under
this section and that the work has been completed to the satisfaction of such city or town
according to the specifications of the project and in compliance with applicable law. The
department of highways may enter into agreements with cities and towns to provide engineering
and other services essential to the development of projects and if the department agrees to
provide services, amounts charged for department employees may include the salary and
salary-related expenses of such employees to the extent that they work on or in support of such
projects. The funds provided herein may be expended for the entire cost of any project eligible
under the provisions of said chapter 90 and for the transportation enhancement project as
described in the Intermodal Surface Transportation Efficiency Act of 1991, PL 102-240 and for
the repair, replacement or removal of underground municipal public works fuel tanks.
SECTION 2F. Notwithstanding the provisions of any general or special law to the contrary, the
funds authorized in item 6037-0019 of section 2B shall be distributed according to the schedule
listed below:—
| ABINGTON | $291,772 | ACTON | $520,102 | ACUSHNET | $222,025 |
| ADAMS | $237,940 | AGAWAM | $519,250 | ALFORD | $58,361 |
| AMESBURY | $321,020 | AMHERST | $603,950 | ADOVER | $1,018,727 |
| AQUINNAH | $27,787 | ARLINGTON | $633,674 | ASHBURNHAM | $256,050 |
| ASHBY | $181,288 | ASHFIELD | $235,172 | ASHLAND | $304,840 |
| ATHOL | $402,515 | ATTLEBOROUGH | $955,388 | AUBURN | $453,494 |
| AVON | $156,681 | AYER | $180,666 | BARNSTABLE | $1,571,849 |
| BARRE | $350,102 | BECKET | $190,580 | BEDFORD | $467,966 |
| BELCHERTOWN | $429,099 | BELLINGHAM | $371,690 | BELMONT | $414,012 |
| BERKLEY | $167,400 | BERLIN | $149,592 | BERNARDSTON | $146,813 |
| BEVERLY | $760,565 | BILLERICA | $811,054 | BLACKSTONE | $180,054 |
| BLANDFORD | $207,088 | BOLTON | $214,140 | BOSTON | $11,013,879 |
| BOURNE | $458,348 | BOXBOROUGH | $128,317 | BOXFORD | $321,266 |
| BOYLSTON | $150,551 | BRAINTREE | $805,579 | BREWSTER | $248,152 |
| BRIDGEWATER | $512,826 | BRIMFIELD | $223,435 | BROCKTON | $1,518,606 |
| BROOKFIELD | $131,220 | BROOKLINE | $748,861 | BUCKLAND | $144,648 |
| BURLINGTON | $709,942 | CAMBRIDGE | $1,995,761 | CANTON | $566,381 |
| CARLISLE | $179,680 | CARVER | $304,963 | CHARLEMONT | $145,432 |
| CHARLTON | $450,311 | CHATHAM | $261,763 | CHELMSFORD | $818,146 |
| CHELSEA | $399,739 | CHESHIRE | $161,356 | CHESTER | $191,434 |
| CHESTERFIELD | $175,417 | CHICOPEE | $967,337 | CHILMARK | $51,584 |
| CLARKSBURG | $55,062 | CLINTON | $256,740 | COHASSET | $161,355 |
| COLRAIN | $263,250 | CONCORD | $535,167 | ||
| CONWAY | $212,696 | CUMMINGTON | $161,419 | DALTON | $186,681 |
| DANVERS | $687,114 | DARTMOUTH | $833,785 | DEDHAM | $497,270 |
| DEERFIELD | $304,430 | DENNIS | $541,254 | DIGHTON | $218,211 |
| DOUGLAS | $263,740 | DOVER | $194,409 | DRACUT | $570,074 |
| DUDLEY | $326,474 | DUNSTABLE | $126,516 | DUXBURY | $399,188 |
| EAST
BRIDGEWATER |
$224,529 | EAST
BROOKFIELD |
$74,720 | EAST
LONGMEADOW |
$447,101 |
| EASTHAM | $196,112 | EASTHAMPTON | $375,543 | EASTON | $488,725 |
| EDGARTOWN | $178,476 | EGREMONT | $124,000 | ERVING | $66,685 |
| ESSEX | $106,916 | EVERETT | $464,968 | FAIRHAVEN | $386,425 |
| FALL RIVER | $1,619,754 | FALMOUTH | $918,332 | FITCHBURG | $927,375 |
| FLORIDA | $130,060 | FOXBOROUGH | $409,839 | FRAMINGHAM | $1,432,989 |
| FRANKLIN | $605,758 | FREETOWN | $281,788 | GARDNER | $482,264 |
| GEORGETOWN | $214,633 | GILL | $119,623 | GLOUCESTER | $529,516 |
| GOSHEN | $87,732 | GOSNOLD | $7,411 | GRAFTON | $351,916 |
| GRANBY | $217,603 | GRANVILLE | $213,312 | GREAT
BARRINGTON |
$335,211 |
| GREENFIELD | $529,931 | GROTON | $364,016 | GROVELAND | $152,333 |
| HADLEY | $274,352 | HALIFAX | $173,699
HAMILTON |
$194,451 | |
| HAMPDEN | $198,233 | HANCOCK | $78,993 | HANOVER | $351,310 |
| HANSON | $212,380 | HARDWICK | $293,096 | HARVARD | $283,878 |
| HARWICH | $488,048 | HATFIELD | $205,523 | HAVERHILL | $1,093,006 |
| HAWLEY | $143,481 | HEATH | $169,805 | HINGHAM | $529,818 |
| HINSDALE | $123,755 | HOLBROOK | $195,801 | HOLDEN | $452,221 |
| HOLLAND | $123,030 | HOLLISTON | $365,143 | HOLYOKE | $840,929 |
| HOPEDALE | $126,669 | HOPKINTON | $351,443 | HUBBARDSTON | $278,266 |
| HUDSON | $445,444 | HULL | $223,279 | HUNTINGTON | $132,693 |
| IPSWICH | $323,278 | KINGSTON | $312,554 | LAKEVILLE | $242,759 |
| LANCASTER | $244,861 | LANESBOROUGH | $173,700 | LAWRENCE | $959,881 |
| LEE | $225,030 | LEICESTER | $329,089 | LENOX | $226,880 |
| LEOMINSTER | $868,303 | LEVERETT | $119,851 | LEXINGTON | $712,692 |
| LEYDEN | $116,169 | LINCOLN | $211,501 | LITTLETON | $268,275 |
| LONGMEADOW | $374,824 | LOWELL | $1,419,023 | LUDLOW | $470,811 |
| LUNENBURG | $331,334 | LYNN | $1,187,496 | LYNNFIELD | $280,211 |
| MALDEN | $748,167 | MANCHESTER | $116,055 | MANSFIELD | $487,322 |
| MARBLEHEAD | $358,730 | MARION | $108,373 | MARLBOROUGH | $821,552 |
| MARSHFIELD | $502,711 | MASHPEE | $440,903 | MATTAPOISETT | $163,559 |
| MAYNARD | $216,541 | MEDFIELD | $328,091 | MEDFORD | $783,689 |
| MEDWAY | $288,405 | MELROSE | $431,627 | MENDON | $175,077 |
| MERRIMAC | $130,803 | METHUEN | $859,325 | MIDDLE-
BOROUGH |
$620,772 |
| MIDDLEFIELD | $123,975 | MIDDLETON | $195,041 | MILFORD | $560,815 |
| MILLBURY | $303,820 | MILLIS | $215,719 | MILLVILLE | $71,980 |
| MILTON | $477,023 | MONROE | $53,519 | MONSON | $371,064 |
| MONTAGUE | $387,488< | MONTEREY | $157,111 | MONTGOMERY | $101,873 |
| MOUNT
WASHINGTON |
$56,751 | NAHANT | $74,834 | NANTUCKET | $458,009 |
| NATICK | $729,985 | NEEDHAM | $698,886 | NEW ASHFORD | $37,363 |
| NEW BEDFORD | $1,707,205 | NEW BRAINTREE | $162,114 | NEW MARL-
BOROUGH |
$276,513 |
| NEW SALEM | $125,783 | NEWBURY | $204,450 | NEWBURYPORT | $393,672 |
| NEWTON | $1,748,560 | NORFOLK | $273,397 | NORTH ADAMS | $318,164 |
| NORTH ANDOVER | $614,970 | NORTH ATTLE-
BOROUGH |
$545,186 | NORTH
BROOKFIELD |
$252,212< |
| NORTH READING | $325,369 | NORTHAMPTON | $813,343 | NORTHBOROUGH | $356,368 |
| NORTHBRIDGE | $314,059 | NORTHFIELD | $232,558 | NORTON | $367,584 |
| NORWELL | $333,085 | NORWOOD | $705,093 | OAK BLUFFS | $136,986 |
| OAKHAM | $147,568 | ORANGE | $326,095 | ORLEANS | $231,551 |
| OTIS | $141,864 | OXFORD | $375,999 | PALMER | $398,639 |
| PAXTON | $144,712 | PEABODY | $743,159 | PELHAM | $80,476 |
| PEMBROKE | $363,335 | PEPPERELL | $305,829 | PERU | $108,442 |
| PETERSHAM | $205,961 | PHILLIPSTON | $150,533 | PITTSFIELD | $1,115,470 |
| PLAINFIELD | $155,154 | PLAINVILLE | $198,098 | PLYMOUTH | $996,448 |
| PLYMPTON | $121,705 | PRINCETON | $275,920 | PROVINCETOWN | $93,896 |
| QUINCY | $1,483,704 | RANDOLPH | $544,762 | RAYNHAM | $320,429 |
| READING | $466,435 | REHOBOTH | $430,136 | REVERE | $569,858 |
| RICHMOND | $135,439 | ROCHESTER | $223,217 | ROCKLAND | $321,131 |
| ROCKPORT | $158,075 | ROWE | $116,351 | ROWLEY | $169,703 |
| ROYALSTON | $228,787 | RUSSELL | $85,396 | RUTLAND | $236,804 |
| SALEM | $665,110 | SALISBURY | $165,975 | SANDISFIELD | $268,836 |
| SANDWICH | $564,448 | SAUGUS | $479,782 | SAVOY | $159,903 |
| SCITUATE | $436,496 | SEEKONK | $427,985 | SHARON | $460,476 |
| SHEFFIELD | $289,986 | SHELBURNE | $178,758 | SHERBORN | $183,277 |
| SHIRLEY | $193,549 | SHREWSBURY | $610,228 | SHUTESBURY | $108,708 |
| SOMERSET | $399,655 | SOMERVILLE | $896,890 | SOUTH HADLEY | $372,298 |
| SOUTHAMPTON | $240,280 | SOUTHBOROUGH | $271,622 | SOUTHBRIDGE | $397,944 |
| SOUTHWICK | $255,798 | SPENCER | $394,966 | SPRINGFIELD | $2,814,463 |
| STERLING | $318,879 | STOCKBRIDGE | $157,910 | STONEHAM | $407,877 |
| STOUGHTON | $606,267 | STOW | $205,844 | STURBRIDGE | $336,499 |
| SUDBURY | $536,195 | SUNDERLAND | $143,998 | SUTTON | $326,391 |
| SWAMPSCOTT | $238,306 | SWANSEA | $441,956 | TAUNTON | $991,124 |
| TEMPLETON | $262,794 | TEWKSBURY | $672,189 | TISBURY | $104,350 |
| TOLLAND | $129,143 | TOPSFIELD | $213,623 | TOWNSEND | $325,475 |
| TRURO | $133,760 | TYNGSBOROUGH | $263,534< | TYRINGHAM | $83,090 |
| UPTON | $233,655 | UXBRIDGE | $343,954 | WAKEFIELD | $515,790 |
| WALES | $84,128 | WALPOLE | $543,375 | WALTHAM | $1,313,789 |
| WARE | $344,782 | WAREHAM | $510,907 | WARREN | $236,891 |
| WARWICK | $182,640 | WASHINGTON | $137,200 | WATERTOWN | $574,451 |
| WAYLAND | $374,027 | WEBSTER | $363,578 | WELLESLEY | $669,584 |
| WELLFLEET | $195,973 | WENDELL | $159,078 | WENHAM | $115,606 |
| WEST BOYLSTON | $223,067 | WEST BRIDGE-
WATER |
$250,039 | WEST
BROOKFIELD |
$184,702 |
| WEST NEWBURY | $172,717 | WEST
SPRINGFIELD |
$664,736 | WEST
STOCKBRIDGE |
$123,828 |
| WEST TISBURY | $59,099 | WESTBOROUGH | $561,596 | WESTFIELD | $886,126 |
| WESTFORD | $579,774 | WESTHAMPTON | $148,948 | WESTMINSTER | $322,128 |
| WESTON | $349,395 | WESTPORT | $492,577 | WESTWOOD | $398,436 |
| WEYMOUTH | $884,467 | WHATELY | $117,630 | WHITMAN | $255,681 |
| WILBRAHAM | $393,783 | WILLIAMSBURG | $149,242 | WILLIAMSTOWN | $245,961 |
| WILMINGTON | $585,732 | WINCHENDON | $359,171 | WINCHESTER | $406,765 |
| WINDSOR | $211,141 | WINTHROP | $236,498 | WOBURN | $947,775 |
| WORCESTER | $3,153,319 | WORTHINGTON | $191,969 | WRENTHAM | $289,734 |
| YARMOUTH | $677,870 | TOTAL | $150,000,000." |
| Antonioni, Robert A. | Montigny, Mark C. |
| Bernstein, Robert A. | Moore, Richard T. |
| Berry, Frederick E. | Morrissey, Michael W. |
| Brewer, Stephen M. | Murray, Therese |
| Clancy, Edward J., Jr. | Nuciforo, Andrea F., Jr. |
| Creedon, Robert S., Jr. | Pacheco, Marc R. |
| Creem, Cynthia Stone | Panagiotakos, Steven C. |
| Fargo, Susan C. | Rauschenbach, Henri S. |
| Glodis, Guy W. | Resor, Pamela |
| Havern, Robert A. | Rosenberg, Stanley C. |
| Hedlund, Robert L. | Shannon, Charles E. |
| Jacques, Cheryl A. | Sprague, Jo Ann |
| Jajuga, James P. | Tarr, Bruce E. |
| Joyce, Brian A. | Tisei, Richard R. |
| Knapik, Michael R. | Tolman, Steven A. |
| Lees, Brian P. | Tucker, Susan C. |
| Lynch, Stephen F. | Walsh, Marian |
| Magnani, David P. | Wilkerson, Dianne — 37. |
| Melconian, Linda J. |
| Norton, Thomas C. | Travaglini, Robert E. — 2. |
The yeas and nays having been completed at three o'clock P.M., the
amendment was adopted.
Mr. Tarr moved to amend the bill by inserting after section 6 the following section:—
"SECTION 6A. Notwithstanding the provisions of any general or special law to the contrary, the
Massachusetts Bay Transportation Association shall relocate its maintenance shed and area in
accordance with a plan to be developed with the town of Wilmington not later than December
31, 1999."
The amendment was rejected.
Mr. Havern moved to amend the bill in section 6, by inserting after the word "transportation.", in
line 98, the following sentence:— "Any of the deadlines contained in this section may
be extended up to 60 days, in 15 day increments, upon the provision of written notice by the
secretary to the joint committee on transportation."
The amendment was adopted.
After remarks, the bill (Senate, No. 1945, printed as amended) was then passed to be
engrossed.
There being no objection, during consideration of the Orders of the Day, the following matters
were considered, as follows:—
PAPERS FROM THE HOUSE.
Engrossed Bill.
An engrossed Bill increasing the minimum wage (see Senate, No.
1706, amended) (which originated in the Senate), 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 twenty-six minutes past three o'clock P.M., on motion of Mr. Lynch, as follows, to
wit (yeas 37 — nays 0):
| Antonioni, Robert A. | Montigny, Mark C. |
| Bernstein, Robert A. | Moore, Richard T. |
| Berry, Frederick E. | Morrissey, Michael W. |
| Brewer, Stephen M. | Murray, Therese |
| Clancy, Edward J., Jr. | Nuciforo, Andrea F., Jr. |
| Creedon, Robert S., Jr. | Pacheco, Marc R. |
| Creem, Cynthia Stone | Panagiotakos, Steven C. |
| Fargo, Susan C. | Rauschenbach, Henri S. |
| Glodis, Guy W. | Resor, Pamela |
| Havern, Robert A. | Rosenberg, Stanley C. |
| Hedlund, Robert L. | Shannon, Charles E. |
| Jacques, Cheryl A. | Sprague, Jo Ann |
| Jajuga, James P. | Tarr, Bruce E. |
| Joyce, Brian A. | Tisei, Richard R. |
| Knapik, Michael R. | Tolman, Steven A. |
| Lees, Brian P. | Tucker, Susan C. |
| Lynch, Stephen F. | Walsh, Marian |
| Magnani, David P. | Wilkerson, Dianne — 37. |
| Melconian, Linda J. |
| Norton, Thomas C. | Travaglini, Robert E. — 2. |
The yeas and nays having been completed at twenty-seven minutes before four 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.
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), an engrossed Bill authorizing the town of South Hadley to convey certain recreational land (see House, No. 1030) (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-six minutes before four o'clock P.M., as follows, to wit (yeas 36 — nays 0):
| Antonioni, Robert A. | Melconian, Linda J. |
| Bernstein, Robert A. | Montigny, Mark C. |
| Berry, Frederick E. | 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. |
| 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 — 36. |
| Norton, Thomas C. | Wilkerson, Dianne — 3. |
| Travaglini, Robert E. |
The yeas and nays having been completed at eighteen minutes before four 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 Acting President and laid before the Governor for his approbation.
An engrossed Bill authorizing the town of Hudson to convey an easement across a certain parcel
of land used for conservation purposes (see House, No. 2563) (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 seventeen minutes before four o'clock P.M., as follows, to wit (yeas
36 — nays 0):
| Antonioni, Robert A. | Melconian, Linda J. |
| Bernstein, Robert A. | Montigny, Mark C. |
| Berry, Frederick E. | 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. |
| 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 — 36. |
| Norton, Thomas C. | Wilkerson, Dianne — 3. |
| Travaglini, Robert E. |
The yeas and nays having been completed at thirteen minutes before four 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 Acting President and laid before the Governor for his approbation.
The following resolutions (having been filed with the Clerk) were
considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Creedon) "congratulating Garrett L. Rice on receiving the Eagle Award
of the Boy Scouts of America."
The Orders of the Day were further considered, as follows:
The Senate Bill providing for the licensing of home inspectors (Senate, No. 1943),— was
read a third time.
Pending the question on passing the bill to be engrossed, Ms. Creem, Ms. Walsh, Mr. Antonioni,
Ms. Fargo, Messrs. Panagiotakos, Lynch, Lees, Knapik, Creedon, Morrissey and Jajuga, Ms.
Wilkerson, Messrs. Joyce, Shannon, Ms. Resor, Mr. Havern, Ms. Murray and Mr. Bernstein
moved to amend the bill in section 2, in lines 4 and 5, by striking out the words "or the seller if
no broker or salesman is involved in the sale,".
After remarks, the amendment was adopted.
Mr. Nuciforo moved to amend the bill in section 3, by striking out, in line 115, the figure "50"
and inserting in place thereof the following figure:— "25."; by striking out, in said section
3, in line 97, the figure "200" and inserting in place thereof the following figure:— "100.";
by striking out, in section 4, in line 9, the figure "250" and inserting in place thereof the
following figure:— "125."; and by striking out, in said section 4, in line 9, the words ",
(d)(ii)".
After remarks, the amendment was adopted.
After remarks, the question on passing the bill to be engrossed was determined by a call of the
yeas and nays, at thirteen minutes past four o'clock P.M., on motion of Ms. Jacques, as follows,
to wit (yeas 37 — nays 0):
| Antonioni, Robert A. | Montigny, Mark C. |
| Bernstein, Robert A. | Moore, Richard T. |
| Berry, Frederick E. | Morrissey, Michael W. |
| Brewer, Stephen M. | Murray, Therese |
| Clancy, Edward J., Jr. | Nuciforo, Andrea F., Jr. |
| Creedon, Robert S., Jr. | Pacheco, Marc R. |
| Creem, Cynthia Stone | Panagiotakos, Steven C. |
| Fargo, Susan C. | Rauschenbach, Henri S. |
| Glodis, Guy W. | Resor, Pamela |
| Havern, Robert A. | Rosenberg, Stanley C. |
| Hedlund, Robert L. | Shannon, Charles E. |
| Jacques, Cheryl A. | Sprague, Jo Ann |
| Jajuga, James P. | Tarr, Bruce E. |
| Joyce, Brian A. | Tisei, Richard R. |
| Knapik, Michael R. | Tolman, Steven A. |
| Lees, Brian P. | Tucker, Susan C. |
| Lynch, Stephen F. | Walsh, Marian |
| Magnani, David P. | Wilkerson, Dianne — 37. |
| Melconian, Linda J. |
| Norton, Thomas C. | Travaglini, Robert E. — 2. |
The yeas and nays having been completed at eighteen minutes past
four o'clock P.M., the bill (Senate, No. 1949, printed as amended) was passed to be
engrossed.
PAPERS FROM THE HOUSE.
There being no objection, during consideration of the Orders of the
Day, the following was considered, as follows:
Mr. Rosenberg in the Chair (having been appointed by the President, under authority conferred
by Senate Rule 4, to perform the duties of the Chair), the engrossed Bill making certain
appropriations for fiscal year 1999 and relative to certain capital spending and bonded debt of the
Commonwealth (House, No. 4640),— came from the House amended by striking out
section 36, and inserting in place thereof the following section:—
"SECTION 36. Chapter 289 of the acts of 1998 is hereby amended by striking out section 19 and
inserting in place thereof the following section:—
Section 19. Notwithstanding the provisions of any general or special law to the contrary, there is
hereby established and set up on the books of the commonwealth the Capital Improvement and
Investment Trust Fund, the purposes of which shall be to fund items appropriated in section 2
and any other items lawfully appropriated from said fund subsequent to the effective date of this
act. The comptroller shall transfer to said fund, effective June 30, 1998, the amount of
$96,235,491 from the general fund and the amount of $93,000,000 from the Highway Fund. Said
fund shall be established as a separate expendable trust, subject to the control of the secretary of
administration and finance, who shall serve as the trustee of said fund. Said fund shall expire on
June 30, 2003."; and, in section 45, by striking out the words "made exclusive for the following
purposes and projects" and inserting in place thereof the words "made for the following purposes
and projects".
The rules were suspended, on motion of Mr. Brewer, and the House amendment was
considered forthwith and adopted, in concurrence.
The Orders of the Day were further considered, as follows:
The Senate Bill relative to insurance and genetic testing and privacy protection (Senate, No.
1942),— was read a third time.
On motion of Mr. Lees, the further consideration thereof was postponed until the remaining
matters passed for consideration in the Orders of the Day had been disposed of.
Subsequently, the matters passed for consideration in the Orders of the Day having been
disposed of, the bill was further considered.
Ms. Melconian moved to amend the bill in section 2, by striking out the words "a written consent
form for each requested release of the results of a person's genetic test", in lines 44 and 45, and
inserting in place thereof the following words:— "a written consent form for the requested
release of a person's genetic information."; in said section 2, by striking out the paragraph in
lines 80 to 101, inclusive, and inserting in place thereof the following paragraph:—
"(b) Hospital, dispensary, laboratory, hospital-affiliated registry, physician, insurance institution
or insurance representative and commercial genetic testing company, agency, or association
reports and records pertaining to any genetic information shall not be public records, and the
contents thereof shall not be divulged by any person having charge of or access to the same
without informed written consent, except upon proper judicial order or to a person whose official
duties, in the opinion of the commissioner, entitle receipt of the information contained therein, or
except in connection with life, disability and long term care insurance as authorized pursuant to
chapter 175I. A laboratory receiving a request to conduct a genetic test from a facility, as defined
in section 70E, or a physician or health care provider may conduct the requested test only when
the request is accompanied by a signed statement of the medical practitioner ordering the test
warranting that the appropriate prior written consent has been obtained from the patient. The
signed request authorizes the laboratory to perform the test and disclose the results to the medical
practitioner.";
In section 24, by striking out the word "an", in line 28, and inserting in place thereof the
following words:— "any such"; and
In said section 24, by striking out the paragraph in lines 55 to 67, inclusive, and inserting in place
thereof the following two paragraphs:—
"(b) No insurer, agent or broker authorized to issue policies against disability from injury or
disease or policies providing for long term care in the commonwealth shall practice unfair
discrimination against persons because of the results of a genetic test or the provisions of genetic
information, as defined in this section. For purposes of this section, unfair discrimination means
cancellation, refusing to issue or renew, charging any increased rate, restricting any length of
coverage or in any way practicing discrimination against persons unless such action is taken
pursuant to reliable information relating to the insured's mortality or morbidity, based on sound
actuarial principles or actual or reasonably anticipated claim experience.
No insurer, agent or broker authorized to issue policies against disability from injury or disease
or policies providing for long term care in the commonwealth shall require an applicant to
undergo a genetic test as a condition of the issuance or renewal of a policy against disability from
injury or disease or policies providing for long term care in the commonwealth. Any violation of
this section shall constitute an unfair method of competition or unfair or deceptive act in
violation of chapter 93A and 176D."; and further moved to amend, in said section 24, by striking
out the paragraph in lines 68 to 102, inclusive, and inserting in place thereof the following
paragraph:—
"(c) In the provisions of insurance against disability from injury or disease or policies providing
for long term care in the commonwealth, a company, or officer or agent thereof, or an insurance
broker may ask on an application for such coverage whether or not the applicant has taken a
genetic test that impacts on his mortality or morbidity. The applicant is not required to answer
any questions concerning genetic testing. Any application requesting this information must
contain language informing the applicant that the application is not required to answer any
questions in connection with genetic testing or information and language informing the applicant
that the failure to do so may result in an increased rate or denial of coverage. If the applicant
chooses to submit genetic information then the insurer is authorized to use that information to set
the terms of a policy provided that such information is based on sound actuarial principles or
actual or reasonable anticipated claim experience relating to the insured's mortality or morbidity.
If the commissioner has reason to believe that unfair discrimination as defined in this section has
occurred, and that a proceeding by the commissioner would be in the interest of the public, the
commissioner shall, in accordance with the provisions of chapter 176D, issue and serve upon the
insurer a statement of the charges and a notice of hearing thereon. Upon a determination that the
practice or act of the insurer is in conflict with the provisions of this section, the commissioner
shall issue an order requiring the insurer to cease and desist from engaging in the practice or act
and may order payment of a penalty pursuant to the provisions of chapter 176D.
Upon such determination, the commissioner, in consultation with the department of public
health, may, by order, after a public hearing under chapter 30A determine, based on sound
actuarial principles or actual or reasonably anticipated experience, that the genetic test which is
the subject of the cease and desist order provides no reliable information relating to the insured's
mortality or morbidity and that its use would constitute unfair discrimination. At least annually,
the commissioner shall review any such order to assure that any such determination remains
current and shall amend or rescind the order to reflect any change in the determination. The
commissioner, in consultation with the department of public health after a public hearing under
chapter 30A, may issue an advisory opinion on whether a genetic test provides no reliable
information relating to the insured's mortality or morbidity, or is based on sound actuarial
principles or actual or reasonably anticipated claim experience." and
In section 25, by striking out the paragraph in lines 26 to 36, inclusive, and inserting in place
thereof the following two paragraphs:—
"No insurer, agent or broker authorized to issue policies on the lives of persons in the
commonwealth shall practice unfair discrimination against persons because of the results of a
genetic test or the provision of genetic information, as defined in this section. For purposes of
this section unfair discrimination means cancellation, refusing to issue or renew, charging any
increased rate, restricting any length of coverage or in any way practicing discrimination against
persons unless such action is taken pursuant to reliable information relating to the insured's
mortality or morbidity, based on sound actuarial principles or actual or reasonably anticipated
claim experience.
No insurer, agent or broker authorized to issue polices on the lives of person in the
commonwealth shall require an applicant to undergo a genetic test as a condition of the issuance
or renewal of a policy on the lives of persons in the commonwealth. Any violation of this section
shall constitute an unfair method of competition or unfair or deceptive act or practice in violation
of chapter 93A and 176D."; and
In said section 25 by striking out the paragraph in lines 37 to 70, inclusive, and inserting in place
thereof the following two paragraphs:—
"In the provisions of insurance on the lives of persons in the commonwealth, a company, or
officer or agent thereof, or an insurance broker may ask on an application for such coverage
whether or not the applicant has taken a genetic test that impacts on his or her mortality or
morbidity. The applicant is not required to answer any questions concerning genetic testing. Any
application requesting this information must contain language informing the applicant that the
applicant is not required to answer any questions in connection with genetic testing or
information and language informing the applicant that the failure to do so may result in an
increased rate or denial of coverage. If the applicant chooses to submit genetic information then
the insurer is authorized to use that information to set the terms of a policy provided that such
information is based on sound actuarial principles or reasonable or anticipated claim experience
relating to the insured's mortality or morbidity. If the commissioner has reason to believe that
unfair discrimination as defined in this section has occurred, and that a proceeding by the
commissioner would be in the interest of the public, the commissioner shall, in accordance with
the provisions of chapter 176D, issue and serve upon the insurer a statement of the charges and a
notice of hearing thereon. Upon a determination that the practice or act of the insurer is in
conflict with the provisions of this section, the commissioner shall issue an order requiring the
insurers to cease and desist from engaging in the practice or act and may order payment of a
penalty pursuant to the provisions of General Laws chapter 176D.
Upon such a determination, the commissioner, in consultation with the department of public
health, may, by order, after a public hearing under chapter 30A determine, based on sound
actuarial principles or actual or reasonably anticipated experience, that the genetic test which is
the subject of the cease and desist order provides no reliable information relating to the insured's
mortality or morbidity and that its use would constitute unfair discrimination. At least annually,
the commissioner shall review any such order to assure that any such determination remains
current and shell amend or rescind the order to reflect any change in the determination. The
commissioner, in consultation with the department of public health after a public hearing under
chapter 30A, may issue an advisory opinion on whether a genetic test provides no reliable
information relating to the insured's mortality or morbidity, or is based on sound actuarial
principles or actual or reasonably anticipated claim experience."; and
By striking out section 30 and inserting in place thereof the following section:—
"SECTION 30. The department of public health and the division of insurance shall establish a
special study commission to investigate the use of genetic test results in connection with the
issuance of life, disability, and long term care insurance. The commission shall investigate the
methods utilized in such life, long term care and disability industries in the acquisition,
dissemination and protection of genetic information of insurance applicants, specifically the
provisions of chapter 175D of the General Laws. The commission shall investigate the utility and
necessity of giving life, long term care and disability insurers the power to require a genetic test
of insurance applicants. The commission shall investigate the continuation of sections 24 and 25
past the December 31, 2004 expiration date. The commission shall make recommendations of
any changes necessary to protect the privacy of insurance applicants in connection with genetic
information, and necessary to address the potential for fraud and misrepresentation by
applicants.
The commission shall consist of 11 members, including three members of the house of
representatives, one of whom shall be the chairman of the house committee on science and
technology and one of whom shall be the house chairman of the joint committee on insurance;
three members of the senate, one whom shall be the chairman of the senate committee on science
and technology and one of whom shall be the senate chairman of the joint committee on
insurance; the commissioner of public health or designee; the commissioner of insurance or
designee; and three members who shall be named by the governor, one of whom shall be a
representative of the Life Insurance Association of Massachusetts, one of whom shall be a
representative of the Massachusetts Medical Society and one of whom shall be a representative
of the Council for Responsible Genetics.
The commission shall submit its recommendations to the senate committee on science and
technology, the house committee on science and the technology, the joint committee on
insurance and the joint committee on health care not later than July 1, 2001.".
The amendment was adopted.
After remarks, the question on passing the bill to be engrossed was determined by a call of the
yeas and nays, at nine minutes before five o'clock P.M., on motion of Ms. Melconian, as follows,
to wit (yeas 33 — nays 2):
| Bernstein, Robert A. | Magnani, David P. |
| Berry, Frederick E. | Melconian, Linda J. |
| Brewer, Stephen M. | Montigny, Mark C. |
| Creedon, Robert S., Jr. | Moore, Richard T. |
| Creem, Cynthia Stone | Morrissey, Michael W. |
| Fargo, Susan C. | Murray, Therese |
| Glodis, Guy W. | Nuciforo, Andrea F., Jr. |
| Havern, Robert A. | Pacheco, Marc R. |
| Hedlund, Robert L. | Panagiotakos, Steven C. |
| Jajuga, James P. | Rauschenbach, Henri S. |
| Joyce, Brian A. | Resor, Pamela |
| Knapik, Michael R. | Rosenberg, Stanley C. |
| Lees, Brian P. | Shannon, Charles E. |
| Lynch, Stephen F. | Sprague, Jo Ann |
| Tarr, Bruce E. | Tucker, Susan C. |
| Tisei, Richard R. | Wilkerson, Dianne — 33. |
| Tolman, Steven A. |
| Antonioni, Robert A. | Walsh, Marian — 2. |
| Clancy, Edward J., Jr. | Norton, Thomas C. |
| Jacques, Cheryl A. | Travaglini, Robert E. — 4. |
The yeas and nays having been completed at three minutes before
five o'clock P.M., the bill (Senate, No. 1948, printed as amended) was passed to be
engrossed.
Subsequently, Ms. Jacques asked unanimous consent to make a
statement; and, there being no objection, she addressed the Senate as follows:
MR. PRESIDENT: Due to my brief absence from the building on business, I was unable to
vote on this matter. I would have voted in the affirmative.
At the request of Ms. Jacques, the statement was printed in the Journal of the Senate.
PAPER FROM THE HOUSE.
Emergency Preamble Adopted.
An engrossed Bill making certain supplemental appropriations for
fiscal year 1999 and relative to certain capital spending and bonded debt of the Commonwealth
(see House, No. 4640, 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 16 to 0.
The bill was signed by the Acting President and sent to the House for enactment.
There being no objection, the following matter was taken out of the
notice section of the Calendar and considered, as follows:
The House Bill relative to a certain reserve fund in the town of Oak Bluffs (House, No.
4324),— 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.
Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 4648) of Shirley Gomes and Henri S. Rauschenbach
relative to establishing the Provincetown public pier corporation;
Under suspension of Joint Rules 12 and 9, to the committee on Commerce and
Labor.
Petition (accompanied by bill, House, No. 4649) of Francis L. Marini
and other members of the House relative to the number of charter schools which may be
approved in the lowest performing educational districts; and
Petition (accompanied by bill, House, No. 4650) of Francis L. Marini and other members of the
House relative to rating school performance and establishing remedial measures to assist
underachieving schools;
Severally, under suspension of Joint Rule 12, 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,
Robert E. Travaglini, Brian A. Joyce, Peter J. Koutoujian and other members of the General
Court [for additional petitioners, see printed bill) for legislation relative to witness
protection and the crime of witness intimidation.
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 Criminal Justice.
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 A.
Antonioni and Harold P. Naughton, Jr., for legislation relative to exempting Sterling Camp
Meeting Association from certain provisions of title V.
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 Natural Resources and Agriculture.
Severally sent to the House for concurrence.
PAPERS 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, joint standing
committees and the committees on Rules of the two branches, acting concurrently, be granted
until Wednesday, September 29, 1999, within which to make reports on all matters referred to
them.
The following engrossed bills (the first of which originated in the
Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final
passage, were severally passed to be enacted and were signed by the Acting President and laid
before the Governor for his approbation, to wit:
Authorizing the town of Abington to issue an additional license for the sale of all alcoholic
beverages to be drunk on the premises (see Senate, No. 1856);
Relative to the establishment of a department of integrated waste management in the town of
Bourne (see House, No. 4043);
Authorizing the city of Chelsea to issue pension obligation bonds (see House, No. 4305);
and
Authorizing the town of Walpole to issue an additional license for the sale of wines and malt
beverages to be drunk on the premises (see House, No. 4316).
There being no objection, at two minutes past five o'clock P.M., the
Chair (Mr. Rosenberg) declared a recess subject to the call of the Chair; and, at nineteen minutes
past five o'clock P.M., the Senate reassembled, the President in the Chair.
PAPERS FROM THE HOUSE.
Engrossed Bill — State Loan.
An engrossed Bill making certain supplemental appropriations for fiscal year 1999 and relative to certain capital spending and bonded debt of the Commonwealth (see House, No. 4640, 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; and, this being a bill providing for the borrowing of money, in accordance with the provisions of Section 3 of Article LXII 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 minutes past five o'clock P.M., as follows, to wit (yeas 35 — nays 0):
| Antonioni, Robert A. | Creem, Cynthia Stone |
| Bernstein, Robert A. | Fargo, Susan C. |
| Berry, Frederick E. | Glodis, Guy W. |
| Brewer, Stephen M. | Hedlund, Robert L. |
| Clancy, Edward J., Jr. | Jajuga, James P. |
| Creedon, Robert S., Jr. | Joyce, Brian A. |
| Knapik, Michael R. | Rauschenbach, Henri S. |
| Lees, Brian P. | Resor, Pamela |
| Lynch, Stephen F. | Rosenberg, Stanley C. |
| Magnani, David P. | Shannon, Charles E. |
| Melconian, Linda J. | Sprague, Jo Ann |
| Montigny, Mark C. | Tarr, Bruce E. |
| Moore, Richard T. | Tisei, Richard R. |
| Morrissey, Michael W. | Tolman, Steven A. |
| Murray, Therese | Tucker, Susan C. |
| Nuciforo, Andrea F., Jr. | Walsh, Marian |
| Pacheco, Marc R. | Wilkerson, Dianne — 35. |
| Panagiotakos, Steven C. |
| Havern, Robert A. | Norton, Thomas C. |
| Jacques, Cheryl A. | Travaglini, Robert E. — 4. |
The yeas and nays having been completed at half past five 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.
Subsequently, Ms. Jacques asked unanimous consent to make a statement; and, there being no
objection, she addressed the Senate as follows:
MR. PRESIDENT: Due to my brief absence from the building on business, I was unable to
vote on this matter. Had I been present I would have voted in the affirmative.
At the request of Ms. Jacques, the statement was printed in the Journal of the
Senate.
PAPERS FROM THE HOUSE.
An engrossed Bill providing for an accelerated transportation
development and improvement program for the Commonwealth (see Senate, No. 1945), 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 14 to 0.
The bill was signed by the President and sent to the House for enactment.
An engrossed Bill establishing a department of inspectional services in the city of Lynn (see Senate, No. 1795) (which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be enacted and was signed by the President and laid before the Governor for his approbation.
An engrossed Bill providing for an accelerated transportation development and improvement program for the Commonwealth (see Senate, No. 1945) (which originated in the Senate), 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 borrowing of money, in accordance with the provisions of Section 3 of Article LXII 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 one minute before six o'clock P.M., as follows, to wit (yeas 36 — nays 0):
| Antonioni, Robert A. | Melconian, Linda J. |
| Bernstein, Robert A. | Montigny, Mark C. |
| Berry, Frederick E. | 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. |
| 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. | Tolman, Steven A. |
| Lees, Brian P. | Tucker, Susan C. |
| Lynch, Stephen F. | Walsh, Marian |
| Magnani, David P. | Wilkerson, Dianne — 36. |
| Norton, Thomas C. | Travaglini, Robert E. — 3. |
| Tisei, Richard R. |
The yeas and nays having been completed at two minutes past six 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.
On motion of Ms. Melconian,—
Ordered, That when the Senate adjourns today, it adjourn to meet again tomorrow 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 three minutes past six o'clock P.M., the Senate adjourned to meet on
the following day at eleven o'clock A.M.