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 30, 1999.

Met at two o'clock P.M.

Report.

A report of the Massachusetts Legal Assistance Corporation (under the provisions of Section 10 of Chapter 221A of the General Laws) submitting its 1999 annual report (received Thursday, Sep tember 30, 1999),— was placed on file.

PAPERS FROM THE HOUSE.

A petition (accompanied by bill, House, No. 4780) of George Rogers (with the approval of the mayor and city council) relative to the reporting of pension contributions in the city of New Bedford,— was referred, in concurrence, to the committee on Public Service.


A Bill authorizing the county commissioners of Bristol County to convey certain land to the town of Somerset (House, No. 1895,— on petition),— was read and, under Senate Rule 26, referred to the committee on Steering and Policy.

Reports of a Committee.

Mr. Montigny, for the committee on Ways and Means, on House, No. 4768, reported, in part, a "Bill providing one-time assistance to certain health care facilities to mitigate severe financial distress" (Senate, No. 2005).
The bill was read. There being no objection, the rules were suspended, on motion of Mr. Montigny, and the bill (Senate, No. 2005) was read a second time, ordered to a third reading and read a third time.
Messrs. Tarr and Berry moved that the bill be amended in sec tion 2A, in item 4590-1013, by inserting after the words "acts of 1998;" the following words:— "provided further, that a grant shall be awarded to Beverly Hospital in the city of Beverly, which shall be used exclusively for the Addison Gilbert Hospital in the city of Gloucester for the purpose of supporting uncompensated care;".
This amendment was adopted.
The bill, as amended, was then passed to be engrossed.

Sent to the House for concurrence.

By Mr. Montigny, for the committee on Ways and Means, on the residue of the House 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. 4768),— ought to pass with an amendment, striking out section 5.
The rules were suspended, on motion of Mr. Montigny, and the bill was read a second time and amended, as previously recommended by the committee on Ways and Means. The bill was then ordered to a third reading and read a third time.
Ms. Melconian in the Chair, after remarks, the question on pass ing the bill to be engrossed, in concurrence, was determined by a call of the yeas and nays, at twenty-two minutes before three o'clock P.M., on motion of Mr. Lees, as follows, to wit (yeas 35 — nays 0):

YEAS.

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. 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. Travaglini, Robert E.
Lynch, Stephen F. Tucker, Susan C.
Magnani, David P. Wilkerson, Dianne — 35.
Melconian, Linda J.

NAYS —0.

ABSENT OR NOT VOTING.

Antonioni, Robert A. Walsh, Marian — 3.
Rosenberg, Stanley C.

The yeas and nays having been completed at seventeen minutes before three o'clock P.M., the bill was passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

PAPERS FROM THE HOUSE.

The President in the Chair, a Bill relative to Quincy Hospital (House, No. 4553, changed and amended,— on petition) [Local approval received],— 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.

Orders of the Day.

The Orders of the Day were considered, as follows:

Bills
Relative to the refusal to reissue a credit card (Senate, No. 20);
Relative to apprentice training under the Department of Labor and Workforce Development (Senate, No. 33, changed);
Relative to reporting violations of the prevailing wage law to the division of apprentice training (Senate, No. 65);
Relative to fairness in credit reporting (Senate, No. 91);
To clarify employer sanctions for improper expenditure of withholdings or deductions from wages (Senate, No. 92);
Relative to certain farming operations (Senate, No. 437);
Regulating the use of anabolic steroids (Senate, No. 459);
Relative to ambulance service (Senate, No. 654);
Adding certain school transportation personnel to the so-called school Good Samaritan law (Senate, No. 781);
To prohibit the use of certain liability waivers as against public policy (Senate, No. 837);
Relative to certain proceedings and corporations (Senate, No. 873);
Prohibiting disclosure of home addresses of judicial personnel (Senate, No. 886);
Providing improved management of state forests (Senate, No. 971);
To establish areas of critical scenic preservation and to provide for the acquisition of development rights therefor (Senate, No. 1019);
Relative to condominium septic systems (Senate, No. 1030);
Requiring sealed bids or competitive proposals for the award of school transportation contracts (Senate, No. 1412);
Designating a plaque for Edward Cohen (Senate, No. 1432);
Authorizing the town of Ipswich to issue three additional licenses for the sale of all alcoholic beverages to be drunk on the premises (Senate, No. 1719);
Relative to land transfer of development rights (Senate, No. 1872);
Relative to domestic violence (Senate, No. 1889);
Relative to real estate brokers (Senate, No. 1896);
Relative to the Boston Police Relief Association (Senate, No. 1898);
Relative to apprentice agreements (Senate, No. 1900);
Relative to vacancies of town meeting members in the town of Saugus (Senate, No. 1940);
Relative to the town of Tisbury (Senate, No. 1958);
Authorizing school committees to award diplomas to veterans of World War II (Senate, No. 1972);
Further regulating emergency temporary releases for persons incarcerated for drunk driving convictions (printed as House, No. 3228);
Relative to the board of registration in veterinary medicine (printed as House, No. 3653);
Relative to the continuing education of electrologists (House, No. 1170);
Relative to the towing of motor vehicles (House, No. 2113);
Relative to additional licenses for the sale of alcoholic beverages (House, No. 3997);
Authorizing the city of Beverly to convey certain land (House, No. 4269); and
Relative to certain housing in the town of Groton (House, No. 4318);
Were severally read a second time and ordered to a third reading.

The Senate bills
Relative to municipal light plant security deposits (Senate, No. 382) (its title having been changed by the committee on Bills in the Third Reading);
Relative to the estate of homestead (Senate, No. 782); and
Limiting liability resulting from the use of automatic external defibrillation (Senate, No. 1918);
Were severally read a third time and passed to be engrossed.
Severally sent to the House for concurrence.

The House Bill authorizing the town of Reading to transfer control of certain conservation land to the board of cemetery trustees (House, No. 4323),— was read a third time and passed to be engrossed, in concurrence.


The Senate reports
Of the committee on Health Care, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 458) of Richard Piper for legislation to require periodic testing of all licensed and registered nurses in the Commonwealth by the Board of Registration in Nursing;
Of the committee on Insurance, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 663) of Richard Piper for legislation to require annual competency testing of insurance agents doing business in the Commonwealth;
Of the same committee, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 731) of Dianne Wilkerson, Edward G. Connolly, Gloria L. Fox and Benjamin Swan for legislation relative to property insurance coverage when a mortgage is transferred;
Of the committee on Natural Resources and Agriculture, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 1013) of Michael W. Morrissey for legislation relative to the authority of the Massachusetts Water Resources Authority Advisory Board;
Of the same committee, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 1028) of Therese Murray and Viriato Manuel deMacedo for legislation relative to inspections of on-site sewage disposal systems;
Of the committee on Public Service, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 1212) of Robert L. Hedlund for legislation to prohibit participation in the state pension system by all newly elected officials;
Of the same committee, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 1299) of Michael W. Morrissey for legislation relative to post-retirement employment for public retirees; and
Of the same committee ought NOT to pass, on the petition (accompanied by bill, Senate, No. 1347) of Charles E. Shannon, Vincent P. Ciampa and Timothy J. Toomey, Jr., for legislation relative to the Massachusetts Retirement Board;
Were severally considered; and they were accepted.

The House report of the committee on Insurance, 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 Medi care supplement insurance plans (accompanied by bill, House, No. 25),— was considered; and it was accepted, in concurrence.


The Senate Bill relative to the rights of victims of crimes (Senate, No. 184),— was read a second time.
After remarks, the bill was amended, on motion of Ms. Jacques, Ms. Creem, Ms. Murray and Messrs. Rauschenbach, Lees and Bernstein, by adding at the end thereof the following section:—
"SECTION 2. Section 128 of chapter 127 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by adding at the end thereof the following sentence:— Any victim of a crime for which a sentence was imposed may testify in person at the parole hearing of the perpetrator of the crime of which they were a victim, or submit written testimony to the parole board."
The bill, as amended, was then ordered to a third reading.


The Senate bills
Relative to the North East Solid Waste Committee (Senate, No. 1043); and
Further regulating the billboards in the Commonwealth (Senate, No. 1967);
Were severally read a second time and ordered to a third reading.


The House Bill relative to the composition of the licensing board of the city known as the town of Watertown (House, No. 4421),— was read a second time.
Pending the main question on ordering the bill to a third reading, on motion of Mr. Lees, the further consideration thereof was postponed until the next session.


The Senate Bill relative to the practice of public accountancy (Senate, No. 368),— was read a third time and passed to be engrossed.
   Sent to the House for concurrence.


The Senate Bill designating a portion of the Blackstone River and Canal Heritage Park as the Honorable William A. L. Bazeley Memorial Recreation Area (Senate, No. 1021) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time.
Pending the question on passing the bill to be engrossed, Mr. Moore moved that the bill be amended by striking out, in lines 3 to 5, inclusive, the words "located along the easterly side of the Blackstone river and on the northern side of East Hartford Avenue in the town of Uxbridge" and inserting in place thereof the following words:— "the exact location of which shall be determined jointly by the department and the chairman of the Blackstone river and canal commission".
This amendment was adopted.
The bill (Senate, No. 1021, amended) was then passed to be engrossed.

Sent to the House for concurrence.

The House Bill relative to the election of members to the Pension Reserve Investment Board (House, No. 113),— was read a third time and passed to be engrossed, in concurrence.

The House Bill relative to disclosure of information to the state police violent fugitive arrest squad (House, No. 130),— was read a third time.
Pending the question on passing the bill to be engrossed, Ms. Jacques moved that the bill be amended by striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 1990; and by striking out the title and inserting in place thereof the following title:— "An Act bringing wanted fugitives to justice."
This amendment was adopted.
Ms. Melconian in the Chair, on motion of Ms. Jacques, a call of the yeas and nays was ordered on the question on passing the bill to be engrossed, in concurrence, with the amendment.
After remarks, and pending the main question on passing the bill to be engrossed, in concurrence, Mr. Lees moved that the bill be laid on the table; and, in accordance with the provisions of Senate Rule 24, the consideration of the motion to lay on the table was postponed, without question, until the next session.


The Senate report of the committee on Public Safety, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 1116) of Brian P. Lees, Dennis M. Murphy and Elizabeth A. Malia for legislation relative to the enforcement of the seat belt law,— was considered.
Pending the question on accepting the adverse report, on motion of Mr. Lees, the further consideration thereof was postponed until the next session.


The Senate Resolutions regarding solid waste planning (Senate, No. 1052, changed),— were considered; and they were adopted.
   Sent to the House for concurrence.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Ms. Creem) "endorsing the No Place For Hate' campaign";
Resolutions (filed by Mr. Knapik) "honoring George E. Gifford upon his retirement";
Resolutions (filed by Messrs. Moore and Glodis) "congratulating the Eddie Eagle Gun Safe Program for its good works"; and
Resolutions (filed by Ms. Tucker) "congratulating Grecia Alemany on her retirement from the Lawrence Family Development and Education Fund."

Report of Committees.

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 Richard T. Moore, Therese Murray, Charles E. Shannon, Stephen M. Brewer and other members of the General Court for legislation to require adequate notice to Medicare patients by Massachusetts physicians.
Senate Rule 36 was suspended, on motion of Mr. Moore, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Health Care.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.

Engrossed Bills.

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 President and laid before the Governor for his approbation, to wit:
Prohibiting smoking in any building used for a flea market (see Senate, No. 494, amended); and
Relative to Quincy Hospital (see House, No. 4553, changed and amended).

An engrossed Bill providing for the annual observance of October as Italian-American Heritage Month (see House, No. 4751, amended) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, and, after remarks, the President in the Chair, was passed to be enacted and was signed by the President and laid before the Governor for his approbation.

Engrossed Bills — Land Taking for Conservation, Etc.

An engrossed Bill authorizing the change of custody and use of certain land held by the city of Worcester (see Senate, No. 1794, 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; 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 seven minutes before four o'clock P.M., as follows, to wit (yeas 35 — nays 0):

YEAS.

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. 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. Travaglini, Robert E.
Lynch, Stephen F. Tucker, Susan C.
Magnani, David P. Wilkerson, Dianne — 35.
Melconian, Linda J.

NAYS —0.

ABSENT OR NOT VOTING.

Antonioni, Robert A. Walsh, Marian — 3.
Rosenberg, Stanley C.

The yeas and nays having been completed at three 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 President and laid before the Governor for his approbation.


An engrossed Bill authorizing the Metropolitan District Commis sion to dispose of a certain easement in the city of Everett (see House, No. 1187, 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 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 three minutes before four o'clock P.M., as follows, to wit (yeas 35 — nays 0):

YEAS.

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. 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. Travaglini, Robert E.
Lynch, Stephen F. Tucker, Susan C.
Magnani, David P. Wilkerson, Dianne — 35.
Melconian, Linda J.

NAYS —0.

ABSENT OR NOT VOTING.

Antonioni, Robert A. Walsh, Marian — 3.
Rosenberg, Stanley C.

The yeas and nays having been completed at 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 President and laid before the Governor for his approbation.


An engrossed Bill authorizing the town of Norton to transfer control of certain conservation land (see House, No. 3889) (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 one minute past four o'clock P.M., as follows, to wit (yeas 35 — nays 0):

YEAS.

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. 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. Travaglini, Robert E.
Lynch, Stephen F. Tucker, Susan C.
Magnani, David P. Wilkerson, Dianne — 35.
Melconian, Linda J.

NAYS —0.

ABSENT OR NOT VOTING.

Antonioni, Robert A. Walsh, Marian — 3.
Rosenberg, Stanley C.

The yeas and nays having been completed at four minutes past 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 President and laid before the Governor for his approbation.

Recess.

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

Committee Changes.

The President announced the resignation of Senator Jacques of Norfolk, Bristol and Middlesex as a member of the committee on Bills in the Third Reading and the appointment of Senator Lynch of First Suffolk to fill the vacancy.

PAPER FROM THE HOUSE.

The House 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 (see House Bill, printed in House, No. 4768, amended),— came from the House with the endorsement that the House had concurred in the Senate amendment striking out section 5 with a further amendment:
Striking out all after the enacting clause and inserting in place thereof the text contained in House document numbered 4788.
The rules were suspended, on motion of Ms. Melconian, and the further House amendment was considered forthwith and adopted, in concurrence (as corrected by the committee on Bills in the Third Reading).

Recess.

There being no objection, at seventeen minutes before six o'clock P.M., the President declared a recess subject to the call of the Chair; and, at sixteen minutes past six o'clock P.M., the Senate reassembled, the President in the Chair.

PAPER FROM THE HOUSE.

Engrossed Bill.

An engrossed 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 (printed in House, No 4768, 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.

Committee Changes.

The President announced the resignation of Senator Lynch of First Suffolk as a member of the committee on Bills in the Third Reading and the reappointment of Senator Jacques of Norfolk, Bristol and Middlesex thereto.

Order Adopted.

On motion of Ms. Melconian,—
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.

Communication.

A communication from the Honorable the Justices of the Supreme Judicial Court on important questions of law with relation to "An Act relative to appropriations from the Commonwealth Stabilization Fund" (Senate, No. 1913) [for opinions, see Senate document numbered 2014] (received in the office of the Clerk of the Senate on Thursday, September 30, 1999, at five minutes before five o'clock P.M.),— was read and placed on file.

On motion of Mr. Tarr, at twenty-two minutes past six o'clock P.M., the Senate adjourned to meet on the following Monday at eleven o'clock A.M.