NOTICE: - While reasonable efforts have been made to assure the accuracy of the data herein, this is NOT the official version of Senate Journal. It is published to provide information in a timely manner, but has not been proofread against the events of the session for this day. All information obtained from this source should be checked against a proofed copy of the Senate Journal.


UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.


Seal of the
Commonwealth of Massachusetts

Thursday, August 26, 1999.

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

Communication.

A communication from the Executive Office for Administration and Finance (under the provisions of Section 3B of Chapter 7 of the General Laws) submitting notice of the Secretary's intention to amend 801 CMR 4.02 relative to fees charged by state agencies (received Thursday, August 5, 1999),— was placed on file.

Report.

A report of the Division of Employment and Training (under the provisions of Chapter 33 of the Acts of 1983) submitting its quarterly report on the condition of the Commonwealth's Unemployment Insurance Trust Fund (received Monday, August 23, 1999),— was placed on file.

Petitions.

Petitions were presented and referred, as follows:
By Mr. Brewer, a petition (subject to Joint Rule 12) of Stephen M. Brewer, Stephen Kulik and Calvin Layton for legislation to establish a grace period for the renewal of motor vehicle operators' learners' permits; and
By Mr. Nuciforo, a petition (subject to Joint Rule 12) of Andrea F. Nuciforo, Jr., for legislation to clarify the responsibility of motor vehicle liability insurers for claims arising from personal injury claimants who seek health care services outside those of an established network;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Report of a Committee.

Mr. Brewer, for the committee on Steering and Policy, reported that the following matter be placed in the Orders of the Day for the next session:
The House Bill relative to the continuing education of electrologists (House, No. 1170).

PAPERS FROM THE HOUSE.

A Bill relative to a certain payment in lieu of taxes in the town of Charlton (House, No. 4500,— on petition) [Local approval received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Engrossed Bills.

The following engrossed bills (both 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 the town of Palmer to issue an additional license for the sale of wines and malt beverages to be drunk on the premises (see House, No. 4253); and
Revoking the acceptance by the town of Swampscott of a certain general law (see House, No. 4382).
Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 4710) of Daniel E. Bosley relative to the President and Trustees of Williams College;
Under suspension of Joint Rules 12 and 9, to the committee on Education, Arts and Humanities.

Petition (accompanied by bill, House, No. 4695) of John F. Quinn and Mark C. Montigny (by vote of the town) for legislation relative to referendum procedure in the town of Dartmouth;
To the committee on Election Laws.

Petition (accompanied by bill, House, No. 4709) of John J. Binienda and Guy W. Glodis relative to the benefits paid by the Worcester Firemen's Relief Association, Incorporated;
Under suspension of Joint Rules 12 and 9, to the committee on Insurance.

Petition (accompanied by bill, House, No. 4711) of James H. Fagan for legislation to authorize the Trial Court to establish a sick leave bank for Norma Jean Amaral, an employee of said court;
Under suspension of Joint Rule 12, to the committee on the Judiciary.

Petition (accompanied by bill, House, No. 4696) of John F. Quinn and Mark C. Montigny (by vote of the town) for legislation to establish the Agricultural Preservation Trust Fund in the town of Dartmouth;
To the committee on Local Affairs.

Petition (accompanied by bill, House, No. 4712) of Salvatore F. DiMasi and other members of the General Court for the annual issuance of a proclamation by the Governor setting apart the month of October as Italian-American Heritage Month;
Under suspension of Joint Rule 12, to the committee on State Administration.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Berry) "congratulating the National Association of Fleet Tug Sailors on the occasion of its tenth anniversary";
Resolutions (filed by Mr. Knapik) "honoring Westfield State College on the occasion of its one hundred and sixtieth anniversary"; and
Resolutions (filed by Messrs. Moore, Antonioni, Bernstein, Berry, Brewer, Clancy, Creedon, Ms. Creem and Ms. Fargo, Messrs. Hedlund, Jajuga, Joyce, Knapik, Lees, Magnani, Ms. Melconian and Ms. Murray, Mr. Pacheco, Ms. Resor, Mr. Shannon, Mrs. Sprague, Messrs. Tolman, Travaglini, Ms. Tucker, Ms. Walsh and Ms. Wilkerson) "on America's Legislators Back to School Day."

Recess.

There being no objection, at a quarter past eleven o'clock A.M., the President declared a recess subject to the call of the Chair; and, at twenty-seven minutes before two o'clock P.M., the Senate reassembled, the President in the Chair.

PAPERS FROM THE HOUSE.

Engrossed Bill.

An engrossed Bill relative to the board of playground commissioners in the town of Saugus (see Senate, No. 1933) (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.

A Bill making appropriations for the fiscal year 1999 to provide for supplementing certain existing appropriations and for certain other activities and projects (House, No. 4706, amended,— on a part of House, No. 4446),— was read.
There being no objection, the rules were suspended, on motion of Mr. Montigny, and the bill was read a second time, and amended, on motion of the same Senator, by inserting after section 45 the following two sections:—
"SECTION 45A. Said section 2A of said chapter 55 is hereby further amended by striking out the item number 7066-0011' and inserting in place thereof the following item number:— 7066-0013.
SECTION 45B. Said section 2A of said chapter 55 is hereby further amended by striking out the item number 7066-0115' and inserting in place thereof the following item number:— 7066-0118.";
By striking out sections 57 to 60, inclusive (as changed by the House committee on Bills in the Third Reading), and inserting in place thereof the following two sections:—
"SECTION 57. Notwithstanding the provisions of any general or special law to the contrary, if the general court overrides any veto made by the governor which relates to the expenditure or transfer of fiscal year 1999 funds, said comptroller shall make adjustments to the fiscal year 1999 financial statements of the commonwealth to reflect the implementation of any such expenditure or transfer and shall, notwithstanding the provisions of chapter 7A or chapter 29 of the General Laws or any other general or special law to the contrary, attribute any such expenditure or transfer to said fiscal year 1999.
SECTION 58. The provisions of this act shall take effect as of June 30, 1999."
The bill, as amended, was ordered to a third reading, read a third time and passed to be engrossed, in concurrence.
Sent to the House for concurrence in the amendments.

A Bill relative to the terms of certain bonds and notes issued by the Commonwealth (printed in House, No. 4680,— being a message from His Excellency the Governor),— was read.
There being no objection, the rules were suspended, on motion of Mr. Montigny, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

A Bill making certain appropriations for the fiscal year ending June 30, 2000, prior to final action on the General Appropriation Bill for said fiscal year (House, No. 4705, amended, on House, No. 4700, being a message from His Excellency the Governor),— was read.
There being no objection, the rules were suspended, on motion of Mr. Moore, and the bill was read a second time, and was amended, on motion of Mr. Montigny, by striking out section 3 and inserting in place thereof the following:
"SECTION 3. The state treasurer shall make advance payments for some or all of periodic local aid reimbursement or assistance programs to any city, town or regional school district that demonstrates an emergency cash shortfall as certified by the commissioner of revenue and approved by the secretary of administration and finance, pursuant to guidelines established by said secretary. Notwithstanding the foregoing, the state treasurer shall make all first quarterly local aid payments, so-called, to cities, towns, regional school districts and counties maintaining an agricultural school, including, but not limited to, those payments made pursuant to the provisions of sections 3, 6, and 7 of chapter 70 of the General Laws, clause (c.) of section 35 of chapter 10 of the General Laws and section 31 of chapter 81 of the General Laws."
The bill, as amended, was then ordered to a third reading, read a third time and passed to be engrossed, in concurrence.
Sent to the House for concurrence in the amendment.

Recess.

There being no objection, at eighteen minutes before two o'clock P.M., the President declared a recess subject to the call of the Chair; and, at twenty-four minutes before four o'clock P.M., the Senate reassembled, 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).

PAPERS FROM THE HOUSE.

Emergency Preambles Adopted.

An engrossed Bill making appropriations for the fiscal year 1999 to provide for supplementing certain existing appropriations and for certain other activities and projects (see House, No. 4706, 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 2 to 0.
The bill was signed by the Acting President and sent to the House for enactment.

An engrossed Bill relative to the terms of certain bonds and notes issued by the Commonwealth (see printed in House, No. 4680), 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 2 to 0.
The bill was signed by the Acting President and sent to the House for enactment.

Engrossed Bills.

The following engrossed bills (both 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 Acting President and laid before the Governor for his approbation, to wit:
Relative to the terms of certain bonds and notes issued by the Commonwealth (see printed in House, No. 4680); and
Making certain appropriations for the fiscal year ending June 30, 2000, prior to final action on the General Appropriation Bill for said fiscal year (see House, No. 4705, amended).
An engrossed Bill making appropriations for the fiscal year 1999 to provide for supplementing certain existing appropriations and for certain other activities and projects (see House, No. 4706, 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 Acting President.

Order Adopted.

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

On motion of Mr. Tarr, at nine minutes before four o'clock P.M., the Senate adjourned to meet on the following Monday at eleven o'clock A.M.