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


Seal of theCommonwealth of Massachusetts

Wednesday, November 3, 1999.

Met at two minutes past eleven o'clock A.M. (Mr. Travaglini in the Chair) (having beenappointed by the President, under authority conferred by Senate Rule 4, to perform the duties ofthe Chair).


A communication from Martin J. Benison, Comptroller, submitting theCommonwealth's Statutory Basis Financial Report (received Friday, October 29,1999),— was placed on file..


Reports of the Department of Public Health (under the provisions ofSections 5 and 20 of Chapter 111 of the General Laws) relative to inspections of the WesternMassachusetts Correctional Alcohol Center and the Hampshire County Jail (received Monday,November 1, 1999),— were read and sent to the House for its information.

Special Committee — Appointments.

A communication was received from the President announcing theappointment of Senators Jajuga, Bernstein, Moore and Lees to the Senate special committeeestablished (pursuant to Senate, No. 2035 of 1999) relative to legislative proposals to allow forthe primary enforcement of the seat belt law.
The communication was placed on file.


Petitions were presented and referred, as follows:
By Ms. Melconian, a petition (subject to Joint Rule 12) of Linda J. Melconian, Gale D. Candaras,Brian A. Joyce and other members of the General Court for legislation relative to the policecareer incentive program; and
By Mr. Moore, a petition (subject to Joint Rule 12) of Richard T. Moore, Harriette L. Chandler,Stanley C. Rosenberg, Stephen M. Brewer and other members of the General Court forlegislation to establish the pharmacy outreach program within the Executive Office of ElderAffairs to improve access to medication at reduced costs;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, actingconcurrently.

Mr. Montigny presented a petition (accompanied by bill, Senate, No.2037) of Mark C. Montigny and Robert M. Koczera (by vote of the town) for legislation toprovide that the title of executive secretary be changed to town administrator for the town ofAcushnet [Local approval received],— and the same was referred, under Senate 20, to the committee on Local Affairs.

Sent to the House for concurrence.

Reports of Committees.

By Mr. Antonioni, for the committee on Education, Arts and Humanities, on petition (accompanied by bill, Senate, No. 2023), an Order relative to authorizingthe joint committee on Education, Arts and Humanities to sit during the recess of the GeneralCourt for the purpose of making an investigation and study of a Senate document relative tosafety hazards on school property (Senate, No. 2038);
Referred, under Joint Rule 29, to the committees on Rules of the two branches, actingconcurrently.

By Mr. Morrissey, for the committee on Government Regulations, onpetition, a Bill authorizing the city known as the town of Agawam to issue an additional licensefor the sale of all alcoholic beverages to be drunk on the premises (Senate, No. 2025);
Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.


A Bill relative to the requirements for in-service physicial fitness standards (House, No. 81,—on the recommendations of the Human Resource Division),— was read and, underSenate Rule 26, referred to the committee on Steering and Policy.

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 4858) of Joseph C. Sullivan, Michael W. Morrisseyand others (by vote of the town) relative to recall elections in the town of Braintree; and
Petition (accompanied by bill, House, No. 4859) of Joseph C. Sullivan, Michael W. Morrisseyand others (by vote of the town) relative to the election of town meeting members in the town ofBraintree;
Severally to the committee on Election Laws.

Petition (accompanied by bill, House, No. 4857) of Paul C. Casey andCharles E. Shannon (by vote of the town) relative to authorizing the town of Winchester to grantcertain licenses for the sale of wine and malt beverages to be drunk on the premises;
To the committee on Government Regulations.

Petition (accompanied by bill, House, No. 4860) of Joseph C. Sullivan,Michael W. Morrissey and others (by vote of the town) that the town of Braintree be authorizedto grant certain easements to Hazeltine Corporation;
To the committee on Local Affairs.


The following resolutions (having been filed with the Clerk) wereseverally considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Knapik) "commending Margaret Peggy' Woods, recipient of the 1999Dwight Award"; and
Resolutions (filed by Mrs. Sprague) "congratulating Christopher James Howsen of Stoughtonupon his elevation to the rank of Eagle Scout".


A Bill authorizing the town of Wayland to convey a certain conservation easement (House, No.4793,— on House, No. 4639),— was read.
There being no objection, the rules were suspended, on motion of Ms. Murray, and the billwas read a second time, ordered to a third reading, read a third time and passed to be engrossed,in concurrence.

Bill Recalled from the Governor

Laid Before the Senate.

On motion of Mr. Tarr, it was voted that a messenger be appointed towait upon His Excellency the Governor, requesting the return to the Senate of the engrossed Billauthorizing the Division of Capital Asset Management and Maintenance to grant an easement ina certain parcel of land in the city of Boston (see House, No. 2977, amended).
Mr. Tarr was appointed the messenger. Subsequently, the bill was returned and was laid beforethe Senate.
There being no objection, on motion of Mr. Tarr, the Senate reconsidered the vote by which, at aprevious session, it had passed the bill to be enacted.
On motion of the same Senator, Senate Rule 49 was suspended.
An amendment, presented by Mr. Lynch, in section 3, by striking out the first sentence andinserting in place thereof the following sentence:— "The consideration to be paid by theabutters for the easement shall be the full market value thereof as determined by thecommissioner based upon independent appraisals, less the cost of improvements that the abuttersagree to pay for that are deemed necessary by the commissioner to mitigate the impact of theeasement on the state transportation building, but not less the cost of improvements made tocreate or improve vehicular or pedestrian access in the easement area.",— wasconsidered; and it was adopted.
Sent to the House for concurrence in the amendment.

Order Adopted.

Mr. Moore offered the following order, to wit:—
Ordered, That, notwithstanding the provisions of Joint Rule 10, the joint committee onhealth care be granted until November 19, 1999 within which to make its final report on currentSenate document numbered 2017.
The order was considered forthwith; and, there being no objection, was adopted.

Sent to the House for concurrence.

Matter Taken Out of the Orders of the Day.

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

The House Bill authorizing the city of Taunton to pay a percentage of life and health insurancepremiums for Richard Castro (House, No. 4665),— was read a second time, ordered toa third reading, read a third time and passed to be engrossed, in con currence.


Engrossed Bills.

The following engrossed bills (the first two of which originated in theSenate), having been certified by the Senate Clerk to be rightly and truly prepared for finalpassage, were severally passed to be enacted and were signed by the Acting President and laidbefore the Governor for his approbation, to wit:
Validating the action taken at a special district meeting and a special district election of theTantasqua Regional School District (see Senate, No. 1927, amended);
Relative to certain school construction projects in the city of Medford (see Senate, No. 2024);and
Relative to the Lancaster Sewer District (see House, No. 4729).

Order Adopted.

On motion of Mr. Rauschenbach,—
Ordered, That when the Senate adjourns today, it adjourn to meet again tomorrow ateleven o'clock A.M., and that the Clerk be directed to dispense with the printing of acalendar.

On motion of Mr. Rauschenbach, at eight minutes past eleven o'clock A.M., the Senateadjourned to meet on the following day at eleven o'clock A.M.