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, October 2, 2000.

Met at one minute 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).

Reports.

The following reports were severally read and sent to the House for its information:

A report of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) relative to inspection of the M.C.I. Framingham facility (received Thursday, September 28, 2000);

A report of the Group Insurance Commission (under the provisions of Section 20 of Chapter 32A of the General Laws) submitting a copy of its annual report on vendor quality improvement activities (received Friday, September 29, 2000); and

A report of the Bureau of Special Investigations (under the provisions of Section 15D(6) of Chapter 22 of the General Laws) submitting its report for the month of August, 2000 (received Monday, October 2, 2000).

Petitions.

Petitions were presented and referred, as follows:

By Mr. Rauschenbach, a petition (subject to Joint Rule 12) of Henri S. Rauschenbach and Eric Turkington (by vote of the town) for legislation relative to exempting members of the Nantucket Historic District Commission from a provision of the conflict of interest law [Local approval received]; and

By Ms. Tucker, a petition (subject to Joint Rule 12) of Susan C. Tucker and David M. Torrisi for legislation relative to establishing a sick leave bank for Charles E. Birchall III, an employee of the Trial Court of the Commonwealth;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Report of a Committee.

By Mr. Lynch, for the committee on Commerce and Labor, on petition, a Bill making corrective changes in certain general and special laws relative to the Commonwealth Corporation (Senate, No. 2278);
Read and, under Senate Rule 26, referred to the committee on Steering and Policy.

PAPERS FROM THE HOUSE.

A petition (accompanied by bill, House, No. 5455) of Thomas A. Golden, Jr., Kevin J. Murphy, David M. Nangle and Steven C. Panagiotakos (with the approval of the city council) that the city of Lowell be authorized to pay a salary to Rithy Uong, a city councillor in said city,— was referred, in concurrence, to the committee on Local Affairs.

A Bill designating a certain bridge in the Hyde Park section of the city of Boston as the Thomas J. Geraghty Bridge (House, No. 570,— on petition),— was read and, under Senate Rule 26, referred to the committee on Steering and Policy.

A Bill relative to the taxation of a certain solid waste facility in the town of Bourne (House, No. 5421,— on House, Nos. 5044 and 5069) [Local approval received on House, No. 5044],— 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 by the Clerk) were severally considered forthwith and adopted, as follows:—

Resolutions (filed by Mr. Birmingham) “congratulating Starlight Children’s Foundation of New England on the occasion of the thirteenth anniversary of its founding”;

Resolutions (filed by Ms. Jacques, Mr. Havern, Ms. Resor, Mr. Rosenberg, Ms. Creem, Mr. Tolman, and Ms. Tucker) “on the occasion of the fifth annual National Day of Concern about Young People and Gun Violence”;

Resolutions (filed by Mr. Pacheco) “congratulating Edgar A. Gay, Jr., upon his induction into the New England Press Association’s Hall of Fame”;

Resolutions (filed by Mrs. Sprague) “congratulating Marc Bridgeman of Sharon upon his elevation to the rank of Eagle Scout”; and

Resolutions (filed by Mr. Travaglini) “commending the participation of the city of Cambridge in ‘Walk Your Child to School Day’.”

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 filing deadline for property tax appeals (House, No. 4958),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

PAPER FROM THE HOUSE.

Engrossed Bill.

An engrossed Bill authorizing a payment in lieu of taxes agreement between the town of Dracut and Nickel Hill Energy, LLC (see House, No. 5283) (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.

Recess.

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

PAPER FROM THE HOUSE.

The House Bill relative to the possession of alcoholic beverages in automobiles (House, No. 5388, amended),— came from the House with the endorsement that the House had concurred in the Senate amendment 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.”; 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 striking out the title and inserting in place thereof the following title:— “An Act relative to the possession of alcoholic beverages in motor vehicles.”, with a further amendment, by adding at the end thereof the following section:—
“SECTION 2. The joint committee on public safety is hereby authorized and directed to conduct a study of the feasibility, establishment, implementation and operation in the Commonwealth of a safe rides program, so-called, designed and intended to provide transportation to individuals who find themselves in a unsafe situation. Said committee shall complete its study and prepare a report of its finding and recommendations on or before December 1, 2000.”.
The rules were suspended, on motion of Mr. Jajuga, and the House amendment was considered forthwith and adopted, in concurrence.

Recess.

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

PAPER FROM THE HOUSE.

Emergency Preamble Adopted; Engrossed Bill Enacted.

An engrossed Bill relative to the possession of alcoholic beverages in motor vehicles (see House, No. 5388, 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.
Subsequently, the bill, which originated in the House, came from the House with the endorsement that it had been enacted in that branch.
The Senate then passed the bill to be enacted; and it 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 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. Tisei, at sixteen minutes past twelve o’clock noon, the Senate adjourned to meet on the following Thursday at eleven o’clock A.M.