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, December 11, 2000.

Met at six minutes past eleven o’clock A.M. (Mr. Montigny in the Chair) (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

 

Distinguished Guests.

There being no objection, the Chair (Mr. Montigny) introduced, seated in the rear of the Chamber, the Methuen High School cheerleaders, 2000 Division I State Champions. They were the guests of Senator Jajuga.

 

Committee Discharged.

By Ms. Melconian, for the committee on Rules, to whom was referred the Senate Order authorizing the joint committee on Taxation to sit during the recess of the General Court for the purpose of making an investigation and study of Senate document numbered 2281, relative to open space in Saugus (Senate, No. 2287), reported, asking to be discharged from further consideration of the Senate petition (accompanied by bill, Senate, No. 2281) of Edward J. Clancy, Jr., and Steven Angelo (by vote of the town) for legislation relative to open space in the town of Saugus,— and recommending that the same be recommitted to the committee on Taxation.

By Mr. Rosenberg, for the same committee, to whom was referred the Senate Order relative to authorizing the joint committee on Insurance to sit during the recess of the General Court for the purpose of making an investigation and study of certain Senate documents numbered 2198 and 2203, relative to insurance regulation (Senate, No. 2209), reported, in part, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 2203) of Robert A. Bernstein, Brian P. Lees, Frederick E. Berry, Ronald Mariano and other members of the General Court for legislation relative to allowing certain military personnel to receive group insurance discounts,— and recommending that the same be recommitted to the committee on Insurance.
Under Senate Rule 36, the reports were severally considered forthwith and accepted.

 

PAPERS FROM THE HOUSE.

A communication from the Division of Energy Resources (under Section 12 of Chapter 25A of the General Laws) submitting regulations relative to oversight and coordination of electric ratepayer funded energy efficiency activities (House, No. 5504),— was referred, in concurrence, to the committee on Energy.

A Bill relative to certain interests in bankruptcy proceedings (House, No. 751,— on Senate, No. 9 and House, No. 751),— was read and, under Senate Rule 26, referred to the committee on Steering and Policy.

 

A message from His Excellency the Governor (under the provisions of Section 8 of Article LXXXIX of the Amendments to the Constitution) relative to validating certain actions taken by the town of Hingham relative to certain zoning bylaws (House, No. 5506),— was referred, in concurrence, to the committee on Local Affairs.

 

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—

Resolutions (filed by Mr. Lynch, Ms. Walsh, Ms. Resor, Messrs. Tisei, Tolman, Travaglini, Pacheco, Brewer, Bernstein and Clancy and Ms. Tucker) “recognizing the practice of Falun Dafa.”

 

PAPERS FROM THE HOUSE.
Engrossed Bills.

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 Acting President and laid before the Governor for his approbation, to wit:

Relative to establishing the Becket Woods Road and Maintenance District in the town of Becket (see Senate, No. 2227, changed); and

Authorizing the town of Bedford to establish a post retirement insurance liability fund (see House, No. 5007).

 

Emergency Preamble Adopted.

An engrossed Bill changing the name of the Corporation for Business, Work and Learning (see Senate, No. 2309, printed as 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 5 to 0.
The bill was signed by the Acting President and sent to the House for enactment.

 

Reports of a Committee.

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill including a masters in public administration under the so-called Quinn Bill (Senate, No. 1275) — ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 2318).
There being no objection, the rules were suspended, on motion of Mr. Brewer, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2318) was then ordered to a third reading, read a third time and passed to be engrossed.

Sent to the House for concurrence.

 

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill authorizing a retroactive veteran’s annuity to Paul Bartel, Jr. (Senate, No. 1776),— ought to pass, with an amendment, by striking out sections 3 and 4; 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 provide certain veterans benefits to Paul Bartel, Jr., therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”.
There being no objection, the rules were suspended, on motion of Mr. Nuciforo, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2325, printed as amended) was then ordered to a third reading, read a third time and passed to be engrossed.

Sent to the House for concurrence.

 

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill relative to licensing of foresters and timber harvesters (Senate, No. 2112),— ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 2319).
There being no objection, the rules were suspended, on motion of Mrs. Sprague, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2319) was then ordered to a third reading, read a third time and passed to be engrossed.

Sent to the House for concurrence.

 

By Mr. Montigny, for the committee on Ways and Means, on petition, a Bill authorizing the city of Haverhill to pay or provide for certain costs related to the operations, sale, transfer, or closure of Haverhill Municipal Hospital (Senate, No. 2313) [Local approval received].
There being no objection, the rules were suspended, on motion of Mr. Jajuga, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, its title having been changed by the committee on Bills in the Third Reading so as to read as follows: “An Act authorizing the city of Haverhill to pay or provide for certain costs related to the operations, sale, transfer, or closure of The Hale Hospital.”

Sent to the House for concurrence.

 

By Mr. Montigny, for the committee on. Ways and Means, that the House Bill relative to the licensure of sign installers (House, No. 236, changed and amended),— ought to pass, with an amendment, striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2320; and by striking out the title and inserting in place thereof the following title: “An Act relative to the licensing of sign installers.”
There being no objection, the rules were suspended, on motion of Mr. Nuciforo, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill, as amended, was then ordered to a third reading, read a third time and passed to be engrossed, in concurrence, with the amendments.
Sent to the House for concurrence in the amendments.

 

By Mr. Montigny, for the committee on Ways and Means, that the House Bill allowing forensic evaluations at certain facilities (House, No. 2712),— ought to pass.
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.

 

By Mr. Montigny, for the committee on Ways and Means, that the House Bill authorizing the city of Leominster to borrow money to renovate a certain city building for use as a courthouse (House, No. 4603),— ought to pass, with an amendment, striking out section 1; and in section 2, by striking out, in line 1, the word “The” and inserting in place thereof the following words:— “Notwithstanding any general or special law to the contrary, the”.
There being no objection, the rules were suspended, on motion of Mr. Brewer, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill, as amended, was then ordered to a third reading, read a third time and passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

 By Mr. Montigny, for the committee on Ways and Means, that the House Bill authorizing the Division of Capital Asset Management to transfer certain parcels of land in the town of Westborough and Grafton (House, No. 5392),— ought to pass, with an amendment, striking out in section 2, in line 9, the figure “0.05” and inserting in place thereof the following figure:— “0.5”.
There being no objection, the rules were suspended, on motion of Mr. Nuciforo, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill, as amended, was then ordered to a third reading, read a third time and passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

 

By Mr. Montigny, for the committee on Ways and Means, that the House Bill providing insurance coverage for human leukocyte antigen testing for certain individuals and patients (House, No. 5404),— ought to pass, with an amendment, striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2321.
There being no objection, the rules were suspended, on motion of Ms. Menard, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill, as amended, was then ordered to a third reading, read a third time and passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

 

PAPERS FROM THE HOUSE.
Engrossed Bill.

An engrossed Bill establishing the Upper Cape regional water supply cooperative (see House, No. 4596, amended) (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 re-enacted and was signed by the Acting President and again laid before the Governor for his approbation.

 

The Senate Bill making appropriations for the fiscal year 2001 to provide for supplementing certain existing appropriations and for certain other activities and projects (Senate, No. 2310),— came from the House passed to be engrossed, in concurrence, with an amendment, striking out all after the enacting clause and inserting in place thereof the text of House document numbered 5502.
The rules were suspended, on motion of Mr. Brewer, and the House amendment was considered forthwith. On further motion of Mr. Montigny, the Senate concurred with the House in its amendment, with a still further amendment, striking out all after the enacting c1ause and inserting in place thereof the text contained in Senate document numbered 2323.
Sent to the House for concurrence in the still further amendment.

 

A Bill authorizing the town of Stockbridge to continue the employment of Police Sergeant Louis J. Peyron, Sr. (House, No. 5235,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Ms. Menard, and the bill was read a second time.
Mr. Nuciforo moved that the bill be amended by adding the following section:—
“SECTION 2. This act shall take effect upon its passage.”
The amendment was adopted.
The bill, as amended, was then ordered to a third reading, read a third time and passed to be engrossed, in concurrence.
Sent to the House for concurrence in the amendment.

 A Bill relative to the election of town meeting members in South Hadley (House, No. 5475,— on petition) [Local approval received],— was read.
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, in concurrence, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act further regulating the election of town members in South Hadley.”

 

Bill Previously Recalled from the Governor
Laid before the Senate.

The engrossed Bill relative to the sounding of certain warning devices in the town of Newbury (see House, No. 5363, amended) which, at a previous session, had been returned by His Excellency the Governor, at the request of the Senate,— was laid before the Senate.
There being no objection, on motion of Mr. Tarr, the Senate reconsidered the vote by which, at a previous session, it had passed the bill to be enacted.
On motion of Mr. Nuciforo, Senate Rule 49 was suspended and the bill was amended, on motion of Mr. Tarr, striking out the words “warning devices” and inserting in place thereof the following words:— “the following safety features: (i) flashing lights in each direction which are automatically activated by the approaching train; (ii) two gates, one on each side of the crossing, both of which are automatically lowered by the approaching train and both of which extend across approximately one half the width of the lanes of traffic so that the entire width of the lanes of traffic is blocked when the gates are lowered; (iii) a bell that is automatically activated by the approaching train; (iv) overhead street lights; (v) signs posted before the grade crossing in each direction warning pedestrians and motorists of the crossing ahead; (vi) posted speed limits for traffic which shall not be more than 25 miles per hour; and (vii) not more than two lanes of vehicular traffic in each direction at the grade crossing. Notwithstanding this act, a train shall sound its whistle in the event of an emergency.”
Sent to the House for concurrence in the amendment.

 

PAPERS FROM THE HOUSE.

The Senate Bill authorizing Donald Campbell to take a civil service examination for the position of police officer in the towns of Rockport and Rowley notwithstanding the maximum age requirement (Senate, No. 2308),— came from the House passed to be engrossed, in concurrence, with an amendment, striking out section 1 and inserting in place thereof the following section:
“SECTION 1. Notwithstanding any general or special law or rule or regulation to the contrary regulating the maximum age of applicants for appointment as police officer, Donald Campbell shall, if he meets all other requirements, be eligible for certification and appointment to the police department of the towns of Rockport and Rowley.”.
The rules were suspended, on motion of Mr. Bernstein, and the House amendment was considered forthwith and adopted, in concurrence.

 

Engrossed Bill Returned to House by Governor with
Recommendation of Amendment.

The engrossed Bill relative to the regulation of lodging houses in the town of Brookline (see House, No. 4512),— having been returned to the House by His Excellency the Governor, in accordance with the provisions of Article LVI of the Amendments to the Constitution, with recommendation of amendment (for message, see House, No. 5318),— came from the House, amended by striking out all after the enacting clause and inserting in place thereof the following:

“SECTION 1. Notwithstanding the provisions of any general or special law to the contrary, in the town of Brookline, for the purposes of this act, lodging houses subject to licensing under chapter 140 of the General Laws shall include bed and breakfast establishments as defined in clause (a) of section 1 of chapter 64G of the General Laws.

SECTION 2. In the town of Brookline, the licensing authority, as defined in section 1 of chapter 140 of the General Laws, may, after investigation, notice and hearing, impose a fine of not more than $500 for a violation of a municipal lodging house by-law or regulation.

SECTION 3. The town of Brookline may adopt lodging house regulations establishing standards for lodging houses that are consistent with the purposes of chapter 140 of the General Laws, and may impose fines for violation of such standards as provided in section 2 of this act.

SECTION 4. This act shall take effect upon its passage.”
The message of His Excellency the Governor was read.
The rules were suspended, on motion of Mr. Jajuga, and the matter was considered forthwith.
The Chair (Mr. Montigny) stated the inasmuch as, under the provisions of Article LVI of the Amendments to the Constitution, the bill was “before the General Court subject to amendment and re-enactment”, the bill was before the Senate subject to amendment.
On motion of Mr. Jajuga, the Senate concurred in the adoption of the House amendment.

 

Report of a Committee.

By Mr. Jajuga, for the committee on Public Safety, on petition, a Bill further regulating the collection of certain data relative to the stopping of motor vehicles (Senate, No. 2317).
There being no objection, the rules were suspended, on motion of Mr. Bernstein, and the bill was read a second time.
Mr. Jajuga presented an amendment, inserting after section 1 the following section:—
“SECTION 1A. The first sentence of section 3 of chapter 228 of the acts of 2000 is hereby amended by striking out the words “December 31, 2000” and inserting in place thereof the following words:— March 1, 2001.”; and by inserting after section 4 the following section:—
“SECTION 5. The first sentence of section 10 of said chapter 228 is hereby amended by striking out the words “one year after the effective date of this act” and inserting in place thereof the following words:— April 1, 2002.”
The amendment was adopted.
The bill (Senate, No. 2324, printed as amended) was then ordered to a third reading, read a third time and passed to be engrossed.

Sent to the House for concurrence.

 

PAPERS FROM THE HOUSE.
Engrossed Bill.

An engrossed Bill relative to the compensation of an interim police chief in the town of Seekonk (see House Bill, printed in House, No. 5497) (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, two-thirds of the members present having voted in the affirmative, and it was signed by the President and laid before the Governor for his approbation.

 

Order Adopted.

On motion of Mr. Brewer,—

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.

 

Adjournment in Memory of Stanley J. Zarod.

Ms. Melconian requested that when the Senate adjourns today, it adjourn in memory of Stanley J. Zarod of Springfield, a former member of the Senate from 1957-1966 and from 1969-1980.
Accordingly, as a mark of respect to the memory of Stanley J. Zarod, at thirteen minutes past twelve o’clock noon, on motion of Mr. Bernstein, the Senate adjourned to meet again on the following Thursday at eleven o’clock A.M.