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.


Seal of the
Commonwealth of Massachusetts

Tuesday, August 25, 1998.

Met at nine minutes past eleven o'clock A.M.

Papers from the House.

The following reports (having been sent by the House to the Senate for its information) were severally returned to the House to be placed on file, to wit:
Semi-annual report of the Insurance Fraud Bureau (under Section 99(k) of Chapter 398 of the Acts of 1991) on the disposition of matters referred to said bureau; and
Bi-monthly report of the Executive Office of Transportation and Construction (under Section 178 of Chapter 653 of the Acts of 1989) submitting an account of the costs incurred in connection with the depression of the Central Artery and the construction of the Ted Williams Tunnel.

Authorizing the city of Boston to grant a certain pension to Carl W. Johnson (House, No. 5516,— on petition) [Local approval received];
Relative to a certain payment in lieu of taxes in the town of Charlton (House, No. 5596,— on petition) [Local approval received];
Authorizing the imposition of fees for the employment of consultants by the conservation commission of the town of North Andover (House, No. 5610,— on petition) [Local approval received];
Providing for an election to fill a vacancy on the school committee of the city of Lawrence (House, No. 5617,— on petition) [Local approval received]; and
Relative to preliminary elections in the town of Framingham (House, No. 5699,— 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 relative to entering by false pretenses in the daytime (see House, No. 4977, amended) (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 and was signed by the President and laid before the Acting Governor for his approbation.

Reports of Committees.

By Mr. Clancy, 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 Robert S. Hargraves (by vote of the town) for legislation relative to certain insurance coverage for a former employee of the town of Townsend [Local approval received].
Senate Rule 36 was suspended, on motion of Ms. Murray, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Insurance.
   Sent to the House for concurrence.

Papers from the House.

The House Bill relative to the development of the Route 3 North transportation improvement project (House, No. 5720),— came from the House with the endorsement that the House had NON-concurred in the Senate amendments in section 1, by adding the following paragraph:
"The General Court hereby finds and declares that the prompt accomplishment of the public purposes of this act requires the speedy and uninterrupted completion of the project. The commonwealth wishes to avoid the substantial risk of traffic disruption and the attendant safety problems that go with it as well as time delay and resulting additional costs caused by labor disharmony on the construction of this project. Therefore, as a means of assuring labor harmony on the construction of this critical project, the commonwealth, in its capacity as the owner and as a market participant, has decided to require a project labor agreement, including an obligation not to strike at any time on or during this project and a uniform grievance and arbitration procedure."; in section 2, by inserting after the words "development agreement" the following words:— "pursuant to section 4 of this act"; in subsection (D) of section 4, by striking out the words "40 years" and inserting in place thereof the following words:— "the lesser of 25 years or the useful life of the project."; in subsection (E) of said section 4, by adding the following words:— "; provided further, that notwithstanding any other provisions of this act to the contrary, the aggregate reimbursement cost of the project, including interest expenses, shall not exceed $265,000,000; and provided, however, that said aggregate cost shall include all expenses except for the operation and maintenance costs of Route 3 North as defined in section 1 of this act"; in subsection (L) of said section 4, by striking out the words "including the developers plans for issuing bonds on a tax exempt basis;" and inserting in place thereof the following words:— "; provided, that all bonds or financing mechanisms issued by the developer shall be structured so as to be tax exempt"; in said section 4, by inserting after subsection (T) the following subsection:— "(U) said agreement shall be submitted to the inspector general, attorney general, and state auditor for review and approval 45 days prior to the implementation of said agreement"; in section 5, by inserting after the word "developer", in the last sentence, the following words:— "and shall require, as a condition of award of a contract for work on this project, that all employees employed in the construction of said project shall be covered by and paid no less than the wage rate established for such work pursuant to a project labor agreement with the appropriate labor organization or labor organizations, which includes (1) an obligation for any such labor organization and its constituent members not to strike with respect to work on such project; (2) a uniform grievance and arbitration procedure for the resolution of work-related disputes; (3) mutually agreeable uniform work rules and schedules for the project; provided, however, that it shall not be a precondition to the award of a contract that a bidder have previously entered into a collective bargaining agreement with a labor organization, but only that the bidder be willing to execute and comply with said project labor agreement for the project if it is awarded a contract."; and in subsection (D) of section11, by adding the following words:— "; provided, that the provisions of this clause shall not be implemented until such time as legislation is enacted to implement such clause by the general court".
On motion of Mr. Clancy, the Senate insisted in its amendments, and asked for a committee of conference on the disagreeing votes of the two branches; and Senators Rosenberg, Havern and Rauschenbach were appointed to the committee on the part of the Senate.
The bill was returned to the House endorsed accordingly.

The Senate Bill relative to excavation (Senate, No. 1856, amended),— came from the House passed to be engrossed, in concurrence, with amendments by striking out, in line 151, the words "department of public utilities" and inserting in place thereof the words "department of telecommunications and energy"; by inserting after the word "offense", in line 155, the words "within 12 consecutive months"; and by striking out, in lines 159 and 160, the words "residential property owners for failure to premark" and inserting in place thereof the following words:— "a residential property owner for the failure to premark for an excavation on such person's residential property".
The rules were suspended, on motion of Mr. Tarr, and the House amendments were considered forthwith and adopted, in concurrence.

Order Adopted.

The following House order (approved by the committees on Rules of the two branches, acting concurrently) was considered forthwith and adopted, in concurrence, to wit:
Ordered, That, notwithstanding the provisions of Joint Rule 10, the committee on the Judiciary be granted until Wednesday, September 2, 1998 the time within which time to make its final report on current House document numbered 5637.

Order Adopted.

On motion of Ms. Murray,—
Ordered, That when the Senate adjourns today, it adjourn to meet again on Thursday next at eleven o'clock A.M., and that the Clerk be directed to dispense with the printing of a calendar.

On motion of Mr. Tarr, at twelve minutes past eleven o'clock A.M., the Senate adjourned to meet on the following Thursday at eleven o'clock A.M.