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

Wednesday, November 10, 1999.

Met at eleven minutes before two o'clock P.M. (Ms. Melconian in the Chair).

Communication.

A communication from Western Massachusetts Correctional Alcohol Center submitting its response to the Department of Public Health's inspection on October 15, 1999 (received Wednesday, November 10, 1999),— was placed on file.

Report.

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 M.C.I. Plymouth (received Monday, November 8, 1999),— was read and sent to the House for its information.

Petitions.

Petitions were presented and referred, as follows:
By Mr. Knapik (by request), a petition (subject to Joint Rule 12) of Roland Archambault for legislation relative to the creation of an escrow account to provide for the redemption of defunct businesses' outstanding gift certificates; and
By Mr. Rauschenbach, a petition (subject to Joint Rule 12) of Henri S. Rauschenbach, Therese Murray, Shirley Gomes, Eric Turkington and other members of the General Court for legislation relative to extending the records retention period for unsubstantiated elder abuse assessment reports;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

PAPERS FROM THE HOUSE.

A petition (accompanied by bill, House, No. 4885) of Vincent P. Ciampa, Patricia D. Jehlen, Timothy J. Toomey, Jr., and Charles E. Shannon (with the approval of the mayor and city council) relative to the number of licenses for the sale of wines and malt beverages to be drunk on the premises issued by the licensing authority of the city of Somerville,— was referred, in concurrence, to the committee on Government Regulations.


A Bill directing certain payments to cities and towns by the Massachusetts Port Authority (House, No. 1638,— on petition),— was read and, under Senate Rule 27, referred to the committee on Ways and Means.


A report of the committee on Taxation, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 2626) of Barbara Gardner, Stephen M. Brewer, Richard T. Moore and Robert A. Durand relative to the taxation of forest, farm and recreation land, and recommending that the same be referred to the Senate committee on Rules,— was considered forthwith, under Senate Rule 36, and accepted, in concurrence.
Subsequently, Ms. Melconian, for the committee on Rules, to whom was referred said petition, reported, asking to be discharged from further consideration, and recommending that the same be recommitted to the committee on Taxation.
Under Senate Rule 36, the report was considered forthwith and accepted.

Recess.

There being no objection, at ten minutes before two o'clock P.M., the Chair (Ms. Melconian) declared a recess subject to the call of the Chair; and, at four minutes before six o'clock P.M., the Senate reassembled, Ms. Melconian in the Chair. The Chair (Ms. Melconian) thereupon declared a further recess subject to the call of the Chair; and, at twelve minutes before eight o'clock P.M., the Senate reassembled, the President in the Chair.

Suspension of Senate Rule 38A.

Ms. Melconian moved that Senate Rule 38A be suspended to allow the Senate to continue in session beyond the hour of eight o'clock P.M., and, there being no objection, on further motion of the same Senator, the rule was suspended without a recorded yea and nay vote.

PAPERS FROM THE HOUSE.

Report of a Committee of Conference.

The House report of the committee of conference, to whom were referred the Senate amendments to the House Bill making appropriations for the fiscal year 2000 for the maintenance of the departments, boards, commissions, institutions and certain activities of the Commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements (House, No. 4401) [the bill having been amended by the Senate by striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 1822; and 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 immediately to make appropriations for the fiscal year beginning July 1, 1999, and to make certain changes in law, each of which is immediately necessary or appropriate to effectuate said appropriations or for other important public purposes, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience."]
Reported, in part, a Bill with the same title (House, No. 4900).
Mr. Montigny moved that the rules be suspended to allow the matter to be considered forthwith.
After debate, the question on suspension of the rules, was determined by a call of the yeas and nays, at one minute past eight o'clock P.M., on motion of Mr. Lees, as follows, to wit (yeas 27 — nays 9):

YEAS.

Antonioni, Robert A. Montigny, Mark C.
Bernstein, Robert A. Moore, Richard T.
Brewer, Stephen M. Morrissey, Michael W.
Clancy, Edward J., Jr. Murray, Therese
Creem, Cynthia Stone Nuciforo, Andrea F., Jr.
Fargo, Susan C. Panagiotakos, Steven C.
Glodis, Guy W. Resor, Pamela
Havern, Robert A. Rosenberg, Stanley C.
Jacques, Cheryl A. Tolman, Steven A.
Jajuga, James P. Travaglini, Robert E.
Joyce, Brian A. Tucker, Susan C.
Lynch, Stephen F. Walsh, Marian
Magnani, David P. Wilkerson, Dianne — 27.
Melconian, Linda J.

NAYS.

Creedon, Robert S., Jr. Rauschenbach, Henri S.
Hedlund, Robert L. Sprague, Jo Ann
Knapik, Michael R. Tarr, Bruce E.
Lees, Brian P. Tisei, Richard R. — 9.
Pacheco, Marc R.

ABSENT OR NOT VOTING.

Berry, Frederick E. Shannon, Charles E. — 2.

The yeas and nays having been completed at six minutes past eight o'clock P.M., the rules were suspended (more than two-thirds of the members having voted in the affirmative.)
The question on accepting the conference committee report was considered.
After debate, at twenty-eight minutes before eleven o'clock P.M., at the request of Mr. Lees, for the purpose of a minority party caucus, the President declared a recess; and, at twelve minutes past eleven o'clock P.M., the Senate reassembled, the President in the Chair.
The report of the committee of conference was further considered.
The question on acceptance of the conference committee report was determined by a call of the yeas and nays, at twelve minutes past eleven o'clock P.M., on motion of Mr. Lees, as follows, to wit (yeas 31 — nays 4):

YEAS.

Antonioni, Robert A. Melconian, Linda J.
Bernstein, Robert A. Montigny, Mark C.
Brewer, Stephen M. Moore, Richard T.
Clancy, Edward J., Jr. Morrissey, Michael W.
Creem, Cynthia Stone Nuciforo, Andrea F., Jr.
Fargo, Susan C. Rauschenbach, Henri S.
Glodis, Guy W. Resor, Pamela
Havern, Robert A. Rosenberg, Stanley C.
Hedlund, Robert L. Tarr, Bruce E.
Jacques, Cheryl A. Tisei, Richard R.
Jajuga, James P. Tolman, Steven A.
Joyce, Brian A. Travaglini, Robert E.
Knapik, Michael R. Tucker, Susan C.
Lees, Brian P. Walsh, Marian
Lynch, Stephen F. Wilkerson, Dianne — 31.
Magnani, David P.

NAYS.

Creedon, Robert S., Jr. Panagiotakos, Steven C.
Pacheco, Marc R. Sprague, Jo Ann — 4.

PAIRED.

YEA. NAY.
Frederick E. Berry, Therese Murray (present) — 2.

ABSENT OR NOT VOTING.

Shannon, Charles E. — 1

The yeas and nays having been completed at nineteen minutes past eleven o'clock P.M., the report was accepted, in concurrence.

Engrossed Bills — Land Taking for Conservation, Etc.

Mr. Travaglini in the Chair,— an engrossed Bill authorizing the town of Chelmsford to convey certain conservation land (see House, No. 4604) (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 twenty minutes past eleven o'clock P.M., as follows, to wit (yeas 36 — nays 0):

YEAS.

Antonioni, Robert A. Creem, Cynthia Stone
Bernstein, Robert A. Fargo, Susan C.
Brewer, Stephen M. Glodis, Guy W.
Clancy, Edward J., Jr. Havern, Robert A.
Creedon, Robert S., Jr. Hedlund, Robert L.
Jacques, Cheryl A. Pacheco, Marc R.
Jajuga, James P. Panagiotakos, Steven C.
Joyce, Brian A. Rauschenbach, Henri S.
Knapik, Michael R. Resor, Pamela
Lees, Brian P. Rosenberg, Stanley C.
Lynch, Stephen F. Sprague, Jo Ann
Magnani, David P. Tarr, Bruce E.
Melconian, Linda J. Tisei, Richard R.
Montigny, Mark C. Tolman, Steven A.
Moore, Richard T. Travaglini, Robert E.
Morrissey, Michael W. Tucker, Susan C.
Murray, Therese Walsh, Marian
Nuciforo, Andrea F., Jr. Wilkerson, Dianne — 36.

NAYS —0.

ABSENT OR NOT VOTING.

Berry, Frederick E. Shannon, Charles E. — 2.

The yeas and nays having been completed at twenty-three minutes past eleven 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 Division of Capital Asset Management and Maintenance to release certain easements in the town of Reading (see House, No. 4461) (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 twenty-four minutes past eleven o'clock P.M., as follows, to wit (yeas 36 — nays 0):

YEAS.

Antonioni, Robert A. Creem, Cynthia Stone
Bernstein, Robert A. Fargo, Susan C.
Brewer, Stephen M. Glodis, Guy W.
Clancy, Edward J., Jr. Havern, Robert A.
Creedon, Robert S., Jr. Hedlund, Robert L.
Jacques, Cheryl A. Pacheco, Marc R.
Jajuga, James P. Panagiotakos, Steven C.
Joyce, Brian A. Rauschenbach, Henri S.
Knapik, Michael R. Resor, Pamela
Lees, Brian P. Rosenberg, Stanley C.
Lynch, Stephen F. Sprague, Jo Ann
Magnani, David P. Tarr, Bruce E.
Melconian, Linda J. Tisei, Richard R.
Montigny, Mark C. Tolman, Steven A.
Moore, Richard T. Travaglini, Robert E.
Morrissey, Michael W. Tucker, Susan C.
Murray, Therese Walsh, Marian
Nuciforo, Andrea F., Jr. Wilkerson, Dianne — 36.

NAYS —0.

ABSENT OR NOT VOTING.

Berry, Frederick E. Shannon, Charles E. — 2.

The yeas and nays having been completed at twenty-six minutes past eleven 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 Division of Capital Asset Management and Maintenance to grant an easement in a certain parcel of land in the city of Boston (see House, No. 2977, 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 re-enacted was determined by a call of the yeas and nays, at twenty-seven minutes past eleven o'clock P.M., as follows, to wit (yeas 36 — nays 0):

YEAS.

Antonioni, Robert A. Creem, Cynthia Stone
Bernstein, Robert A. Fargo, Susan C.
Brewer, Stephen M. Glodis, Guy W.
Clancy, Edward J., Jr. Havern, Robert A.
Creedon, Robert S., Jr. Hedlund, Robert L.
Jacques, Cheryl A. Pacheco, Marc R.
Jajuga, James P. Panagiotakos, Steven C.
Joyce, Brian A. Rauschenbach, Henri S.
Knapik, Michael R. Resor, Pamela
Lees, Brian P. Rosenberg, Stanley C.
Lynch, Stephen F. Sprague, Jo Ann
Magnani, David P. Tarr, Bruce E.
Melconian, Linda J. Tisei, Richard R.
Montigny, Mark C. Tolman, Steven A.
Moore, Richard T. Travaglini, Robert E.
Morrissey, Michael W. Tucker, Susan C.
Murray, Therese Walsh, Marian
Nuciforo, Andrea F., Jr. Wilkerson, Dianne — 36.

NAYS —0.

ABSENT OR NOT VOTING.

Berry, Frederick E. Shannon, Charles E. — 2.

The yeas and nays having been completed at twenty-nine minutes past eleven o'clock P.M., the bill was passed to be re-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.

Resolutions.

The following resolutions (having been filed with the Clerk) were considered forthwith and adopted, as follows:—
Resolutions (filed by Ms. Wilkerson) "recognizing Deanne Kennedy".

PAPER FROM THE HOUSE.

Engrossed Bill.

An engrossed Bill relative to the Swansea Water District (see House, No. 4658) (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.

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 Bill authorizing the town of Mashpee to grant certain easements (House, No. 4842),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.


The Senate Bill providing for the conveyance of a conservation restriction to the Greater Worcester Land Trust, Inc. (Senate, No. 1739) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time and passed to be engrossed.
   Sent to the House for concurrence.

PAPERS FROM THE HOUSE.

A Bill authorizing the city of Cambridge to grant a surface easement over certain water resource land in the town of Watertown (House, No. 4420,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Lees, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Order Adopted.

The following House order (approved by the committees on Rules of the two branches, acting concurrently) was considered forthwith and adopted, in concurrence, to wit:
Ordered, That, notwithstanding the provisions of Joint Rule 10, the joint committee on Government Regulations be granted until Wednesday, November 17, 1999, within which time to make its final report on House document numbered 2327.

Emergency Preamble Adopted.

The President in the Chair,— an engrossed Bill making appropriations for the fiscal year two thousand for the maintenance of the departments, boards, commissions, institutions and certain activities of the Commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements (see House, No. 4900), 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 12 to 0.
The bill was signed by the President and sent to the House for enactment.

Engrossed Bill — State Loan.

An engrossed Bill making appropriations for the fiscal year two thousand for the maintenance of the departments, boards, commissions, institutions and certain activities of the Commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements (see House, No. 4900) (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 borrowing of money, in accordance with the provisions of Section 3 of Article LXII 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 six minutes before midnight, as follows, to wit (yeas 35 — nays 1):

YEAS.

Antonioni, Robert A. Montigny, Mark C.
Bernstein, Robert A. 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. Rauschenbach, Henri S.
Glodis, Guy W. Resor, Pamela
Havern, Robert A. Rosenberg, Stanley C.
Hedlund, Robert L. Sprague, Jo Ann
Jacques, Cheryl A. Tarr, Bruce E.
Jajuga, James P. Tisei, Richard R.
Joyce, Brian A. Tolman, Steven A.
Knapik, Michael R. Travaglini, Robert E.
Lees, Brian P. Tucker, Susan C.
Lynch, Stephen F. Walsh, Marian
Magnani, David P. Wilkerson, Dianne — 35.
Melconian, Linda J.

NAYS.

Panagiotakos, Steven C. — 1.

ABSENT OR NOT VOTING.

Berry, Frederick E. Shannon, Charles E. — 2.

The yeas and nays having been completed at two minutes before midnight, 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.

Communication.

The Clerk read the following communication:

COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS SENATE
STATE HOUSE, BOSTON 02133

November 10, 1999.

Mr. Patrick F. Scanlan
Clerk of the Senate
Room 335 , State House
Boston, Massachusetts 02133

Dear Mr. Scanlan:
Due to a personal commitment I was unable to be present, had I been present I would have voted in the affirmative on the follow ing matters:
H#2977 - An Act that the Division of Capital Asset Management and Maintenance be authorized to grant an easement in a certain parcel of land in the City of Boston.
H#4461 - An Act to authorize the Division of Capital Asset Management and Maintenance to release certain easements in the Town of Reading.
H#4604 - An Act that the conservation commission of the Town of Chelmsford be authorized to convey a certain parcel of land to the board of selectmen of said town.
H#4900 - An Act making appropriations for the fiscal year 2000 for the maintenance of the departments, boards, commissions, institutions and certain activities of the Commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements.
I would respectfully request that a copy of this letter be printed in the Senate Journal as part of the official record for November 10. Thank you in advance for your cooperation in this matter.

Sincerely,
CHARLES E. SHANNON,
State Senator.

On motion of Ms. Melconian, the above statement was ordered printed in the Journal of the Senate.

Order Adopted.

Mr. Montigny offered the following order, to wit:
Ordered, That Joint Rule 12A be suspended to allow the General Court to convene in formal sessions subsequent to the third Wednesday in November 1999 to consider solely the General Appropriations Bill for Fiscal Year 2000.
Mr. Lees moved that the further consideration thereof be postponed until Wednesday, November 17. After remarks, the motion was
negatived.
After debate, the question on adoption of the order was determined by a call of the yeas and nays, at twenty minutes past twelve o'clock midnight, on motion of Mr. Lees, as follows, to wit (yeas 35 —
nays 1):

YEAS.

Antonioni, Robert A. Moore, Richard T.
Bernstein, Robert A. Morrissey, Michael W.
Brewer, Stephen M. Murray, Therese
Clancy, Edward J., Jr. Nuciforo, Andrea F., Jr.
Creedon, Robert S., Jr. Pacheco, Marc R.
Creem, Cynthia Stone Panagiotakos, Steven C.
Fargo, Susan C. Rauschenbach, Henri S.
Glodis, Guy W. Resor, Pamela
Havern, Robert A. Rosenberg, Stanley C.
Hedlund, Robert L. Sprague, Jo Ann
Jacques, Cheryl A. Tarr, Bruce E.
Jajuga, James P. Tisei, Richard R.
Joyce, Brian A. Tolman, Steven A.
Lees, Brian P. Travaglini, Robert E.
Lynch, Stephen F. Tucker, Susan C.
Magnani, David P. Walsh, Marian
Melconian, Linda J. Wilkerson, Dianne — 35.
Montigny, Mark C.

NAYS.

Knapik, Michael R. — 1.

ABSENT OR NOT VOTING.

Berry, Frederick E. Shannon, Charles E. — 2.

The yeas and nays having been completed at twenty-two minutes past twelve o'clock midnight (November 11) the order was adopted (more than two-thirds of the members having voted in the affirmative.)

Sent to the House for concurrence.

Order Adopted.

On motion of Ms. Melconian,—
Ordered, That when the Senate adjourns today, it adjourn to meet again on Friday next at eleven o'clock A.M., and that the Clerk be directed to dispense with the printing of a calendar.

Adjournment in memory of C. Eugene Farnam.

Mr. Shannon requested that when the Senate adjourns today, it adjourn in memory of C. Eugene Farnam.Mr. Farnam, formerly of Medford, served in the Massachusetts House of Representatives from 1952-1956, the State Senate from 1958-1961, and as Insurance Commissioner from 1961-1972, who passed away on November 8, 1999.
Accordingly, as a mark of respect to the memory of Frederick R. Tortola, at seven minutes past twelve o'clock noon, on motion of Mr. Knapik, the Senate adjourned to meet again tomorrow at one o'clock P.M.