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, September 14, 2000.

Met at two minutes past eleven o’clock A.M. (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).

Communication.

A communication from Senator James P. Jajuga in compliance with Massachusetts General Laws Chapter 268A (received September 14, 2000),— was placed on file.

Petitions.

Petitions were presented and referred, as follows:

By Mr. Jajuga, a petition (subject to Joint Rule 12) of James P. Jajuga, Timothy J. Toomey, Jr., Brian P. Lees, Reed V. Hillman, other members of the General Court and James J. Doucette for legislation relative to authorizing the Commonwealth’s appeal of certain sentences; and

By Mr. Moore, a petition (subject to Joint Rule 12) of Richard T. Moore, Michael P. Cahill, Therese Murray and Harriette L. Chandler for legislation relative to the reporting deadline of the senior care options task force;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

By Ms. Walsh, for the committee on Taxation, on the recommitted petition (accompanied by bill, Senate, No. 2281), an Order relative to authorizing the joint committee on Taxation to sit during the recess of the General Court for the purpose of making an investigation and study of Senate document numbered 2281, relative to open space in Saugus (Senate, No. 2287) [Local approval received on Senate, No. 2281];
Referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

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 House bills

Relative to zoning by-laws (House, No. 5217);

Designating a portion of state highway Route 146 as the Veterans of the Battle of the Bulge, Central Massachusetts Chapter Highway (House, No. 5273); and

Relative to the possession of alcoholic beverages in automobiles (House, No. 5388, amended).

PAPERS FROM THE HOUSE.

Bills

Providing insurance coverage for human leukocyte antigen testing for certain individuals and patients (House, No. 5404, amended,— on House, No. 4657); and

Relative to the terms of certain bonds and notes issued by the Commonwealth (printed in House, No. 5444,—being a message from His Excellency the Governor);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

Bills

Relative to the taxation of certain property in the town of Belmont (House, No. 5054,— on House, Nos. 5054 and 5073) [Local approval received on House, No. 5054]; and

Authorizing a payment in lieu of taxes agreement between the town of Dracut and Nickel Hill Energy, LLC (House, No. 5283,— on House, Nos. 5283 and 5335) [Local approval received on House, No. 5283];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Resolutions.

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

Resolutions (filed by Ms. Jacques and Mr. Magnani) “congratulating Bob Ghilani on the occasion of his retirement”;

Resolutions (filed by Mr. Knapik) “honoring the memory of John E. Murphy”;

Resolutions (filed by Messrs. Moore, Birmingham, Lees, Antonioni, Berry, Brewer and Creedon, Ms. Fargo, Messrs. Glodis and Hedlund, Ms. Jacques, Messrs. Joyce, Lynch, Magnani and Morrissey, Ms. Murray, Messrs. Nuciforo and Rauschenbach, Ms. Resor, Messrs. Rosenberg and Shannon, Mrs. Sprague, Messrs. Travaglini and Tolman, Ms. Tucker and Ms. Wilkerson) “supporting civic education and urging support for the observance of America’s Legislators Back to School Day”;

Resolutions (filed by Mr. Morrissey) “congratulating Officer Paul R. Johansen upon his retirement”;

Resolutions (filed by Mr. Pacheco) “honoring Robert Prime of Bridgewater upon his elevation to the rank of Eagle Scout”;

Resolutions (filed by Mrs. Sprague) “congratulating William J. Fries IV of Walpole upon his elevation to the rank of Eagle Scout”;

Resolutions (filed by Ms. Tucker) “promoting the understanding of mental illness”; and

Resolutions (filed by Ms. Tucker, Ms. Fargo, Messrs. Havern and Hedlund, Ms. Jacques, Messrs. Jajuga, Magnani, Pacheco and Panagiotakos, Ms. Resor, Mrs. Sprague and Mr. Tarr) “congratulating the Bay Circuit Alliance on the occasion of Trek 2000.”

Bill Previously Recalled from the Governor
Laid Before the Senate.

The engrossed Bill relative to the charter of the town of Sutton (see Senate, No. 2108) which, at a previous session, had been returned by His Excellency the Governor, at the request of the Senate,— was laid before the Senate.
There being no objection, on motion of Mr. Jajuga, the Senate reconsidered the vote by which, at a previous session, it had passed the bill to be enacted.
On motion of Mr. Nuciforo, Senate Rule 49 was suspended.
Mr. Glodis presented an amendment, striking out paragraph (3) of subsection (g) of section 3-1 of Article 3 and inserting in place thereof the following paragraph:—
“(3) Recall Elections — If the petitions are certified by the Registrars of Voters, the Town Clerk shall forth with submit the same with a certificate to the Board of Selectmen. Upon its receipt of the certified petition, the Board of Selectmen shall forthwith give notice, in writing, of said petition to the official whose recall is sought. If said official does not resign from office within five days following delivery of the said notice, the Board of Selectmen shall order a special election. This special election shall be held not less than 60 nor more than 90 days after the date of certification of the Town Clerk that the petition is sufficient. If a regular annual town election is to be held within 90 days following the date of said certificate the recall election shall be held in conjunction therewith and not at a special election. If a vacancy occurs in the position from which the official is being recalled after a recall election has been ordered, the election shall nevertheless proceed as provided in this section.”
The amendment was adopted.
Sent to the House for concurrence in the amendment.

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 Acting President and laid before the Governor for his approbation, to wit:

Further regulating bicycle messengers in the city of Boston (see House, No. 4773);

Authorizing the town of Mashpee to hold a fall annual town meeting (see House, No. 5197); and

Authorizing the town of Walpole to issue two additional licenses for the sale of all alcoholic beverages to be drunk on the premises (see House, No. 5251).

Report of a Committee.

Mr. Montigny, for the committee on Ways and Means, to whom was referred the amendments recommended by His Excellency the Governor to Sections 13D and 13F of the engrossed Bill relative to the construction and financing of infrastructure and other improvements in the city of Boston and around Fenway Park (see Senate, No. 2269, amended), reported recommending that the Senate adopts said amendments contained in Attachments A and B of Senate, No. 2279, that they be consolidated, and considered in the following form:
By substituting therefor a new draft entitled “An Act making certain corrections to the regional tourism facilities board and administration of the urban renewal and revitalization programs” (Senate, No. 2288).
The rules were suspended, on motion of Mr. Jajuga. The report was considered forthwith and accepted and the bill was read. The bill (Senate, No. 2288) was then read a second time, ordered to a third reading, read a third time and passed to be engrossed.

Sent to the House for concurrence.

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 bills

Designating certain bridges in the town of Westport and the town of Natick (House, No. 4812, amended);

Relative to the disability retirement of David Faria of the town of’ Dartmouth (House, No. 5080, changed); and

Designating a certain causeway connecting the town of Westport and Goosebury Island as the Thomas Edward Pettey Causeway (House, No. 5111);
Were severally read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

PAPERS FROM THE HOUSE.

A Bill designating Route 213 in the city of Methuen as the Loop Connector (House, No. 5443, amended,— on petition),— was read.
There being no objection, the rules were suspended, on motion of Mr. Jajuga, 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 state highway route 213 in Methuen as the Loop Connector.”.

Committee Change.

The President announced the resignation of Senator Moore of Worcester and Norfolk as a member of the committee on Bills in the Third Reading and the appointment of Senator Nuciforo of Berkshire, Hampden, Hampshire and Franklin to fill the vacancy.

PAPER FROM THE HOUSE.

A Bill relative to the transfer and use of deeds excise taxes collected by Suffolk County in fiscal year 2000 (House, No. 5453,— on House, No. 5451, in part),— was read.
There being no objection, the rules were suspended, on motion of Mr. Nuciforo, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Report of Committees.

By Ms. Melconian, for the committees on Rules of the two branches, acting concurrently, that the Senate Order establishing a special committee to study the effectiveness and impact of the act relative to job retention and economic expansion in the Commonwealth (Senate, No. 2285),— ought to be adopted.
Ms. Fargo requested unanimous consent to allow the matter to be considered forthwith; but objection was made thereto by Mr. Jajuga.
The matter was then laid aside.

Committee Change.

The President announced the resignation of Senator Nuciforo of Berkshire, Hampden, Hampshire and Franklin as a member of the committee on Bills in the Third Reading and the reappointment of Senator Moore of Worcester and Norfolk thereto.

Recess.

There being no objection, at twenty-three minutes before twelve o’clock noon, the Chair (Ms. Melconian) declared a recess subject to the call of the Chair; and, at two minutes past twelve o’clock noon, the Senate reassembled, Ms. Melconian in the Chair.

PAPER FROM THE HOUSE.

Engrossed Bill.

An engrossed Bill relative to the transfer and use of deeds excise taxes collected by Suffolk County in fiscal year 2000 (see House, No. 5453) (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 and laid before the Governor for his approbation.

Order Adopted.

On motion of Mr. Tisei,—
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. Tisei, at three minutes past twelve o’clock noon, the Senate adjourned to meet on the following Monday at eleven o’clock A.M.