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

Monday, September 18, 2000.

Met at one minute past eleven o’clock A.M.

Communication.

A communication was received from the President announcing the following appointments:

The Senator from Hampshire and Franklin, Mr. Rosenberg, to the Parliamentary Conference of the Americas; and

Ms. Susana Segat to the special commission established (pursuant to section 1 of Chapter 138 of the Acts of 1998) on the status of women.

PAPERS FROM THE HOUSE.

A message from His Excellency the Governor recommending legislation relative to allowing the Commonwealth to appeal criminal sentences (House, No. 5454),— was referred, in concurrence, to the committee on Criminal Justice.

A Bill further regulating the practice of engineering and land surveying (House, No. 4811,— on petition),— was read and, under Senate Rule 26, referred to the committee on Steering and Policy.

A Bill authorizing the town of Hinsdale to establish a sewer betterment reserve fund (House, No. 5330,— on petition) [Local approval received],— was 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 Mr. Berry) “congratulating Mary McLaughlin on receiving the Danvers Kiwanis Foundation’s Lifetime Achievement Award”; and

Resolutions (filed by Mr. Travaglini) “commending David Wieneke”

Matter Taken Out of the Orders of the Day.

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

The House Bill relative to the possession of alcoholic beverages in automobiles (House, No. 5388, amended),— was read a second time.
Ms. Creem moved that the bill be amended by striking out all after the enacting clause and inserting in place thereof the following text:
“Chapter 90 of the General Laws is hereby amended by striking out section 24I, as appearing in the 1998 Official Edition, and inserting in place thereof the following section:—
Section 24I. (a) As used in this section, the following words shall have the following meanings:
‘Open container’, any bottle, can or other receptacle used to contain a liquid that has been opened or has a broken seal, or the contents of which have been partially removed or consumed.
‘Passenger area’, the area designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in a seated position including, but not limited to, the glove compartment. But in a motor vehicle that is not equipped with a trunk, the passenger area shall not include a locked glove compartment, the area behind the last upright seat, or an area not normally occupied by the driver or a passenger.
(b) Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, possesses an open container of alcoholic beverage in the passenger area of any motor vehicle shall be punished by a fine of not less than $100 nor more than $500.
(c) This section shall not apply to (1) the passengers of a motor vehicle designed, maintained and used for the transportation of persons for compensation, or (2) the living quarters of a house coach or house trailer.”; by inserting before the enacting clause the following emergency preamble:—
Whereas, The deferred operation of this act would tend to defeat its purpose, which is forthwith to regulate further the possession of alcoholic beverages in motor vehicles, therefore, it is hereby declared to be an emergency law, necessary for the immediate preservation of the public safety and convenience.”; and by striking out the title and inserting in place thereof the following title:— “An Act relative to the possession of alcoholic beverages in motor vehicles.”
The amendments were adopted.
The bill, as amended, was then ordered to a third reading, read a third time and passed to be engrossed, in concurrence, with the amendments.
Sent to the House for concurrence in the amendments.

Engrossed Amendment Returned by Lieutenant-Governor,
Acting Governor, With Recommendation of Amendment.

The engrossed Bill establishing a municipal police training committee (Senate, No. 2221, amended) (which on Thursday, August 3, 2000, had been laid before the Governor for his approbation), was returned to the Senate Clerk by the Lieutenant-Governor, Acting Governor, on Sunday, August 13, 2000 at seven minutes before eight o’clock P.M., with a message recommending an amendment.
The message (Senate, No. 2282) was read and the Senate proceeded to reconsider the amendment, in accordance with the provisions of Article LVI of the Amendments to the Constitution.
Pending action thereon, the amendment was referred to the committee on Bills in the Third Reading, on motion of Ms. Fargo.

PAPERS FROM THE HOUSE.

Engrossed Bills.

The following engrossed bills (all of which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, were severally passed to be enacted and were signed by the President and laid before the Governor for his approbation, to wit:

Providing for the annual observance of survivors of victims of homicide awareness (see House, No. 5093, amended);

Relative to cost of living adjustments to retirees in the town of Hingham (see House, No. 5161); and

Designating certain pavilions in the city of Revere as the Senator Francis D. Doris Pavilions (see House, No. 5412).

A Bill relative to placement of the Berkshire Council of Government Charter on the November ballot (printed as Senate, No. 2284, changed and amended,— on petition),— was read.
There being no objection, the rules were suspended, on motion of Ms. Creem, 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 to read as follows: “An Act relative to the placement of the Berkshire Council of Governments charter on the November ballot.”.

Recess.

There being no objection, at twenty-nine minutes before twelve o’clock noon, the President declared a recess subject to the call of the Chair; and, at ten minutes past twelve o’clock noon, the Senate reassembled, the President in the Chair.

PAPERS FROM THE HOUSE.

Engrossed Bill.

An engrossed Bill relative to placement of the Berkshire Council of Governments charter on the November ballot (see House Bill, printed as Senate, No. 2284, changed and 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 Governor for his approbation.

Order Adopted.

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