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, January 4, 1999.

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

Reports of a Committee.

Mr. Berry, for the committee on Steering and Policy, reported that the following matters be placed in the Orders of the Day for the next session:
The Senate bills
Authorizing certain structures to be exempted from certain harbor lines within Smith Cove, Gloucester Harbor, in the city of Gloucester (Senate, No. 2358, changed); and
Clarifying malt beverage and wine tastings (Senate, No. 2364).

Papers from the House.
Engrossed Bills.

The following engrossed bills (all of which originated in the House), 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:
Authorizing the city of Gloucester to pay certain unpaid bills (see House, No. 4350);
Relative to the appointment of the superintendent of schools in the city of Gloucester (see House, No. 4369, changed);
Relative to the regulation of dogs in the town of Seekonk (see House, No. 5641); and
Relative to the date of town elections in the town of Stoughton (see House, No. 5875).

Report of a Committee.

By Mr. Rosenberg, for the committee on Ways and Means, that the Senate Bill granting an easement to the Holyoke Community College Foundation (Senate, No. 2370), ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Rosenberg, 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.

Papers from the House.

The Senate Bill relative to a certain sewer connection in the town of Walpole (Senate, No. 2336),— came from the House passed to be engrossed, in concurrence, with an amendment, by inserting after the word "Hospital", in line 13, the words ", for as long as it remains a primary care hospital,".
The rules were suspended, on motion of Mr. Jajuga, and the House amendment was considered forthwith and adopted, in concurrence.

A Bill authorizing the town of Brookline to establish the number of signatures required for petitioned articles for town meeting (House, No. 5726,— on petition) [Local approval received],—
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.

A Bill making certain corrective changes in certain general and special laws (House, No. 5885,— being a communication from the Counsel to the House of Representatives and the Counsel to the Senate submitting under authority of Section 53 of Chapter 3 of the General Laws),— was read.
There being no objection, the rules were suspended, on motion of Ms. Wilkerson, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

A Bill relative to the selectmen-administrator form of government for the town of Stoneham (House, No. 5898,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Tisei, 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 relative to the rejection of certain appointments made by the town administrator of the town of Stoneham."

Matters Taken Out of the Orders of the Day.

There being no objection, the following matters was taken out of the Orders of the Day and considered, as follows:
The House bills
Providing for recall elections in the town of Boxborough (House, No. 5732); and
Relative to vacancies in the town council of the town of Greenfield (House, No. 5827, changed);
Were severally read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Reports of a Committee.

Mr. Rosenberg, for the committee on Ways and Means, on House, No. 5114, reported, in part, a "Bill relative to the Annie E. Casey Foundation Initiative" (Senate, No. 2377).
The bill was read. There being no objection, the rules were suspended, on motion of Mr. Rosenberg, and the bill (Senate, No. 2377) 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.

Mr. Rosenberg, for the committee on Ways and Means, on House, No. 5114, reported, in part, a "Bill relative to extending the reporting date for the special commission established to make an investigation and study of low income housing in the city of Lowell" (Senate, No. 2379).
The bill was read. There being no objection, the rules were suspended, on motion of Mr. Clancy, and the bill (Senate, No. 2379) 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.

Mr. Rosenberg, for the committee on Ways and Means, on House, No. 5114, reported, in part, a "Bill to implement a certain collective bargaining agreement" (Senate, No. 2380).
[Estimated cost: $490,000].
The bill was read. There being no objection, the rules were suspended, on motion of Ms. Murray, and the bill (Senate, No. 2380) 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.

By Mr. Rosenberg, for the committee on Ways and Means, that the House Bill authorizing the Department of Revenue to make a certain refund (House, No. 1233), ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Moore, 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. Rosenberg, for the committee on Ways and Means, that the House Bill to protect state and local retirees (House, No. 5369), ought to pass, with an amendment, striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2378.
There being no objection, the rules were suspended, on motion of Ms. Melconian, 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 ordered to a third reading, read a third time and passed to be engrossed.
   Sent to the House for concurrence.

Mr. Rosenberg, for the committee on Ways and Means, on House, No. 5114, reported, in part, a "Bill relative to the Massachusetts Sports Partnership" (Senate, No. 2376). [Estimated cost: $200,000].
The bill was read. There being no objection, the rules were suspended, on motion of Mr. Clancy, and the bill (Senate, No. 2376) 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.

Resolutions.

Resolutions (filed by Mr. Montigny) "honoring Sister Rosellen Gallogly for her 50 years of service as a Sister of Mercy and her many contributions to the New Bedford community", were referred, under the rule, to the committee on Rules.
Subsequently, Mr. Rosenberg, 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 Ms. Wilkerson, and adopted.

Order Adopted.

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

Recess.

There being no objection, at twenty-three minutes past eleven o'clock A.M., the President declared a recess subject to the call of the Chair; and, at twenty minutes past four o'clock P.M., the Senate reassembled, the President in the Chair.

Committee Changes.

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 Joyce of Suffolk and Norfolk to fill the vacancy.

Papers from the House.

A petition (accompanied by bill, House, No. 5912) of Joseph T. Geller, John A. Businger, Steven A. Tolman, Lois G. Pines, David T. Donnelly and others (by vote of the town) relative to authorizing the town of Brookline to issue pension obligation bonds and to establish a pension stabilization fund,— was referred,
in concurrence, under suspension of Joint Rule 12, to the committee on Public Service.

Emergency Preambles Adopted.

An engrossed Bill to implement a program of reemployment assistance to employees terminated as a result of the restructuring of the utility industry (see Senate, No. 2332, 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.

An engrossed Bill making changes to certain laws (see Senate, No. 2367, 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.

An engrossed Bill relative to make certain changes in the laws of the Commonwealth (see Senate, No. 2375, 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.

An engrossed Bill authorizing Thomas A. Zine to be admitted into the State Police Academy notwithstanding the maximum age requirement (see House, No. 5896), 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.

An engrossed Bill making certain corrective changes in certain general and special laws (see House Bill, printed in House, No. 5885), 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 House Bill authorizing the city of Holyoke to issue certain pension obligation bonds (House, No. 5863),— came from the House with the endorsement that the House had concurred in the Senate amendment, adding the following two new sections:—
"SECTION 5. The proceeds of any bonds or notes issued under authority of this act, other than amounts to be applied to issuance costs or other expenses, shall be transferred to the retirement system of the city of Holyoke, shall be allocated solely to reduce unfunded pension liability to which the bonds or notes relate, shall be invested in any investments which are permitted under chapter 32 of the General Laws, and shall otherwise be held and expended by the retirement board of the city of Holyoke in accordance with law.
SECTION 6. Notwithstanding the provisions of chapter 70 of the General Laws or of any other general or special law to the contrary, the portion of the annual debt service paid by the city of Holyoke for bonds or notes issued under authority of this act equal to the total of such annual debt service multiplied by the ratio of the portion of the unfunded pension liability funded by the proceeds of such bonds or notes related to non-teacher employees of the city of Holyoke public school system to the total such unfunded pension liability shall be included as net school spending of the city of Holyoke for the purpose of said chapter 70 or any other provision of law.";— with a further amendment striking out section 6 (added by amendment by the Senate.)
The rules were suspended, on motion of Mr. Tisei, and the further House amendment was considered forthwith and adopted, in concurrence.

The House Bill relative to technical assistants in Hampden county (House, No. 4245),— came from the House with the endorsement that the House had concurred in the Senate amendments:
Striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2374; and by striking out the title and inserting in place thereof the following title: "An Act relative to technical assistants " , with a further amendment striking out all after the enacting clause and inserting in place thereof the following:
"Chapter 185 of the General Laws is hereby amended by striking out section 10A, as appearing in the 1996 Official Edition, and inserting in place thereof the following section:—
Section 10A. The register in any registry district or in the case of abolished counties, the secretary of the commonwealth may, with the approval of the chief justice of the land court department, appoint one or more technical assistants who shall perform such duties as the court may from time to time assign to them and whose compensation shall be the same as that of the first assistant register of deeds for said registry district.".
The rules were suspended, on motion of Mr. Joyce, and the further House amendment was considered forthwith.
Mr. Rosenberg and Ms. Melconian moved that the Senate concur with the House further amendment with a still further amendment striking out all after the enacting clause and inserting in place thereof the following text:
"Chapter 185 of the General Laws is hereby amended by striking out section 10A, as appearing in the 1996 Official Edition, and inserting in place thereof the following section:—
Section 10A. The assistant recorder in any registry, with the approval of the chief justice of the land court department, may appoint one or more technical assistants who shall perform such duties as the court may from time to time assign to them and whose compensation shall be the same as that of the first assistant register of deeds for said registry district. Subject to applicable laws, said assistant recorder, or in the case of abolished counties the state secretary or said assistant recorder, may terminate such technical assistant or assistants unless said chief justice objects in writing within 14 days after the notice of termination."
The still further amendment was adopted.
The House amendment, as amended, was then adopted.
   Sent to the House for concurrence in the still further amendment.

The Senate Bill reforming the tax laws of the Commonwealth (see Senate, No. 2302),— came from the House with the endorsement that the House had receded from its amendment striking out all after the enacting clause and inserting in place thereof the text of House document numbered 5769. The bill bore the further endorsement that the House had amended the bill by adding at the end thereof the following section:
"SECTION 24. Section 2 of Chapter 15 of the Acts of 1996 is amended in item 2440-8961 by striking the following language: and provided further, that no such improvements or facilities shall be constructed without the prior approval of the governing body of the city or town in which said improvement or facility will be located . . . . . . $10,000,000' and by inserting in place thereof the following language:— and provided further, that no such improvements or facilities, whether in whole or in part or whether in stages according to a schedule or plan, and no matter the source of such funds, shall be constructed without the prior approval, at such time of the improvement, whether in whole or in part or whether in stages according to a schedule or plan, of the governing body of the city or town in which said improvement or facility will be located; and provided further, that the metropolitan district commission shall not apply for any federal funds for use any state or federal funds for such improvements or facilities, as described in the said Neponset River master plan, without the prior approval of the governing body of the city or town in which said improvement or facility will be located . . . . . . $10,000,000.".
The rules were suspended, on motion of Mr. Joyce, and the House amendment was adopted, in concurrence.

Engrossed Bills.

The following engrossed bills (the first five 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:
Designating the South Station Transportation Center Bus Terminal in Boston as the John J. "Happy" Coombs Terminal (see Senate, No. 1537, amended);
Relative to the Massachusetts retirement board (see Senate, No. 2320, amended);
Authorizing the city of New Bedford to establish and maintain an environmental assessment revolving fund and establishing an environmental assessment lien to secure repayment of funds expended from said revolving fund (see Senate, No. 2361);
Authorizing the certification for appointment of Edward Wloch as a firefighter in the town of Ware notwithstanding the maximum age requirement (see Senate, No. 2365);
Authorizing the issuance of certain temporary licenses for the sale of wines to be drunk on the premises (see Senate, No. 2371);
Relative to justices of the peace performing marriages (see House, No. 5337, amended);
Relative to granting cost of living adjustments to noncontributory retirees (see House, No. 5469, amended);
Relative to the retirement allowance of John B. LaClair (see House, No. 5587);
Authorizing the city of Everett to issue certain pension obligation bonds (see House, No. 5876);
Relative to filling vacancies in the office of mayor of the city of Chicopee (see House, No. 5880); and
Relative to the rejection of certain appointments made by the town administrator of the town of Stoneham (see House, No. 5898);

Committee Changes.

The President announced the resignation of Senator Joyce of Suffolk and Norfolk as a member of the committee on Bills in the Third Reading and the reappointment of Senator Jacques of Norfolk, Bristol and Middlesex thereto.


On motion of Mr. Tisei, at twenty-eight minutes before five o'clock P.M., the Senate adjourned to met on the following day at eleven o'clock A.M.