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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. |
Wednesday, November 25, 1998.
Met at three minutes past eleven o'clock A.M.
A communication from Joseph L. Nicholson, Assistant Superintendent, Western Massachusetts Correctional Alcohol Center submitting a corrective actions letter in response to inspection of said facility by the Department of Public Health on September 24, 1998 (received Monday, November 23, 1998),— was read and sent to the House for its information.
The following reports were severally read and sent to the House for its
information:
A report of the Massachusetts State Lottery Commission (under the provisions of Section 24 of
Chapter 10 of the General Laws) submitting its consolidated statement of operations for the
lottery and arts lottery funds for the months of July, August and September 1998 (received
Tuesday, November 17, 1998); and
A report of the Department of Public Health (under the provisions of Sections 5 and 20 of the
General Laws) relative to inspection of MCI Lancaster, in the town of Lancaster (received
Tuesday, November 24, 1998).
Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 5880) of Joseph F. Wagner, Walter A. DeFilippi,
Michael R. Knapik, Linda J. Melconian and Dennis M. Murphy (with the approval of the mayor
and board of aldermen) relative to the filling of vacancies in the office of mayor in the city of
Chicopee;
To the committee on Election Laws.
Petition (accompanied by bill, House, No. 5881) of Kevin Poirier and
Cheryl A. Jacques (by vote of the town) relative to the positions of town clerk, tax collector and
treasurer in the town of North Attleborough;
To the committee on Local Affairs.
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 Bernstein of First Worcester to fill the vacancy.
Subsequently, the President announced the resignation of Senator Bernstein of First Worcester as
a member of said committee and the reappointment of Senator Jacques of Norfolk, Bristol and
Middlesex thereto.
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
Acting Governor for his approbation, to wit:
Providing for the annual observance of Lucy Stone Day (see Senate, No. 1451); and
Providing for associate members for the youth commission in the city known as the town of
Methuen (see House, No. 5841).
Mr. Morrissey presented the following petitions and, on motion of Mr.
Bernstein, Senate Rule 20 and Joint Rule 12 were suspended, in each instance, and the petitions
were referred as follows:
Petition (accompanied by bill) of Michael W. Morrissey and Daniel E. Bosley for legislation to
further define malt beverage and wine tasting; and
Petition (accompanied by bill) of Michael W. Morrissey and Daniel E. Bosley for legislation to
grant temporary licenses for the sale of wines at auctions;
Severally to the committee on Government Regulations.
Severally sent to the House for concurrence.
There being no objection, the following matter was taken out of the
Orders of the Day and considered, as follows:
The Senate Bill making certain changes in the campaign finance laws (Senate, No. 1796,
amended) (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. Lees presented an amendment
inserting after section 1 the following new section:
"SECTION 1A. Section 7 of said chapter 55, as so appearing, is hereby amended by inserting
after the first paragraph the following paragraph:—
No candidate or candidate's committee shall receive a transfer of funds or assets from any federal
political committee. No candidate or candidate's committee shall make an expenditure of, or
transfer, funds or assets that were transferred on or after November 25, 1998 from a federal
political committee. A candidate's committee may, however, coordinate arrangements, with a
federal committee that refunds contributions pursuant to federal law, for a solicitation of the
same contributors by the candidate's committee. The candidate's committee shall pay the full
cost of any such solicitation."; 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 to
amend the campaign finance laws forthwith before the effective date of the initiative law
enacting amendments to chapters 55 and 55A of the General Laws, therefore it is hereby declared
to be an emergency law, necessary for the immediate preservation of the public
convenience."
This amendment was adopted. The bill, as amended, was then passed to be engrossed.
Sent to the House for concurrence.
Mr. Berry, for the committee on Steering and Policy, reported that the
following matter be placed in the Orders of the Day for the next session:
The Senate Bill relative to certain volunteer efforts and the dissemination of criminal offender
record information (Senate, No. 2356).
There being no objection, the rules were suspended, on motion of Mr. Bernstein, and the bill was
read a second time.
Pending the question on ordering the bill to a third reading, Mr. Joyce presented an amendment
in section 1, by inserting after the word "occasion", in line 6, the following words:— ", if,
before such individual begins such delivery, such entity obtains the information necessary to
obtain criminal offender record information for such individual"; 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
forthwith to regulate certain volunteer efforts and the dissemination of criminal offender record
information, there fore it is hereby declared to be an emergency law, necessary for the immediate
preservation of the public convenience."
The amendment was adopted. The bill, as amended, was ordered to a third reading, read a
third time and passed to be engrossed.
Sent to the House for concurrence.
Resolutions (filed by Ms. Murray) "honoring John Dias upon the
celebration of his ninetieth birthday", were referred, under the rule, to the committee on
Rules.
Subsequently, Mr. Tisei, for the said committee, reported, recommending that the
resolutions ought to be adopted; and they were considered forthwith, under a suspension of the
rules, moved by Mr. Tisei, and adopted.
By Ms. Fargo, for the committee on Local Affairs, on petition, a Bill
authorizing the town of Hampden to borrow money for the payment of certain legal expenses and
settlement costs (Senate, No. 2355) [Local approval received].
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was
read a second time, ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.
The engrossed Bill providing for the appointment of a clerk and treasurer
of the Oak Bluffs Water District (House, No. 5764),— came from the House amended by
adding the following section:
"SECTION 3. This act shall take effect upon its acceptance by a majority vote of the voters of
the Oak Bluffs Water District present and voting thereon at the next annual district meeting or a
special district meeting called for such purpose.".
The rules were suspended, on motion of Mr. Tisei, and the House amendment was
considered forthwith and adopted, in concurrence.
On motion of Mr. Tisei, it was voted that a messenger be appointed to
wait upon His Honor the Lieutenant-Governor, Acting Governor, requesting the return to the
Senate of the engrossed Bill establishing the Massachusetts prudent investor act (see Senate, No.
2079, amended).
Mr. Tisei was appointed the messenger. The bill was returned and was laid before the
Senate.
Subsequently, the same Senator asked unanimous consent that he might move that the Senate
reconsider the vote by which, at a previous session, it had passed the bill to be enacted; but
objection was made thereto.
The bill, having previously been signed by the President, was again laid before the Acting
Governor for his approbation.
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 taxation of certain real estate in the town of Marshfield (House,
No. 5674),— was read a second time, ordered to a third reading, read a third time and
passed to be engrossed, in concurrence.
A Bill making appropriations for the fiscal year 1999 to provide for
supplementing certain existing appropriations and for certain other activities and projects (House,
No. 5882,— on House, No. 5787),— was read.
There being no objection, the rules were suspended, on motion of Mr. Bernstein, and the bill
was read a second time, ordered to a third reading, read a third time and passed to be engrossed,
in concurrence.
At twenty-six minutes before twelve o'clock noon, the President declared a recess subject to the call of the Chair; and, at four minutes past twelve o'clock noon, the Senate reassembled, the President in the Chair.
An engrossed Bill making certain changes in the campaign finance
laws (see Senate, No. 1796, 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 President and sent to the House for enactment.
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
Acting Governor for his approbation, to wit:
Making certain changes in the campaign finance laws (see Senate, No. 1796, amended);
and
Making appropriations for the fiscal year 1999 to provide for supplementing certain existing
appropriations and for certain other activities and projects (see House, No. 5882).
On motion of Mr. Bernstein,—
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.
On motion of Mr. Tisei, at a quarter past twelve o'clock noon, the Senate adjourned to meet on the following Monday at eleven o'clock A.M.