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.


Seal of the
Commonwealth of Massachusetts

Friday, November 12, 1999.

Met at four minutes past eleven o'clock A.M.

Distinguished Guests.

The President introduced students from Delphi Academy in Milton. The students were accompanied by teachers Kelly Ledoux, Peggy Harrison and Diana Marshall. They were the guests of Senator Joyce.


Petitions were presented and referred, as follows:
By Mrs. Sprague (by request), a petition (subject to Joint Rule 12) of Charles W. Higgins for legislation relative to requiring the enrollment of non-resident students in public school systems; and
By the same Senator, a petition (subject to Joint Rule 12) of Lawrence J. Friel, Jo Ann Sprague and Scott P. Brown for legislation to protect the identity of witnesses to felonies during criminal investigations;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.


A Bill providing for an accelerated transportation development and improvement program for the Commonwealth (House, No. 4877, printed as amended,— on House, No. 4836, in part),— was read and, under Senate Rule 27, referred to the committee on Ways and Means.


On motion of Mr. Tisei, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Bernstein (accompanied by bill) of Robert A. Bernstein for legislation relative to the Worcester Housing Court,— and the same was referred to the committee on the Judiciary.

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 the Orders of the Day and considered, as follows:

The House Bill authorizing the acquisition of property in the town of Sandwich for protection of a water supply well (House, No. 4781),— was read a second time and ordered to a third read ing, read a third time and passed to be engrossed, in concurrence.

Senate Order — Adopted.

Mr. Tisei offered the following order, to wit:
Ordered, That, notwithstanding the provisions of any rule to the contrary, the Clerk shall place on the Senate calendar for consid eration on Monday, November 15, the House report relative to the death penalty (see House, No. 3963). The question before the Senate shall be on acceptance of the adverse report.
The order was considered forthwith; and, there being no objection, the order was adopted.


Engrossed Bill.

An engrossed Bill relative to the municipal gas and electric commission of the city of Holyoke (see House, No. 4309) (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.


The Clerk read the following communication:


November 12, 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 on November 10 when the Senate approved the following Order:
"Ordered, That Joint Rule 12A be suspended to allow the General Court to continue in formal session subsequent to the third Wednesday in November 1999 to consider solely the General Appropriations Bill for Fiscal Year 2000."
Had I been present, I would have voted in the affirmative on the above matter.
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.

State Senator.

On motion of Mr. Tisei, the above statement was ordered printed in the Journal of the Senate.


A report of the committee on Criminal Justice, ought NOT to pass, on the message from His Excellency the Governor (accompanied by bill, House, No. 3963) recommending legislation relative to rein stituting the death penalty in the Commonwealth,— was placed in the Orders of the Day for the next session pursuant to an Order adopted by the Senate, the question being on acceptance of the adverse report.

Order Adopted.

On motion of Mr. Tisei,—
Ordered, That when the Senate adjourns today, it adjourn to meet again on Monday next at one o'clock P.M.

On motion of Mr. Tisei, at eight minutes past eleven o'clock A.M., the Senate adjourned to meet on the following Monday at one o'clock P.M.