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

Monday, February 22, 1999.

Met at six minutes past eleven o'clock A.M. (Ms. Melconian in the Chair).


Reports 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 certain correctional facilities in the Commonwealth:
Of the Bristol County Pre-Release Center, in the town of Dartmouth (received Thursday, February 11, 1999); and
Of the Massachusetts Department of Youth Services, in the city of Springfield (received Thursday, February 22, 1999),— were read and sent to the House for its information.

The following reports were severally read and placed on file:
A report of the Executive Office for Administration and Finance (under the provisions of Section 9 of Chapter 48 of the Acts of 1997) submitting a plan to recover the costs being absorbed by the Commonwealth in discharging certain costs and liabilities of the former Hampshire County (received Friday, February 19, 1999);
A report of the Division of Employment and Training (under the provisions of Chapter 233 of the Acts of 1983) submitting its quarterly report of the Unemployment Insurance Trust Fund (received Friday, February 19, 1999); and
A report of the Massachusetts Workers' Compensation Advisory Council (under the provisions of Section 17 of Chapter 23E of the General Laws) submitting its 1998 annual report on the state of the workers' compensation system (received Friday, February 19, 1999); copies having been forwarded to the Chairman of the Senate Committee on Ways and Means and to the Senate Chairman of the Joint Committee on Commerce and Labor.


Petitions were presented and referred, as follows:
By Ms. Creem (by request), a petition (subject to Joint Rule 12) of Ilene Hofstein for legislation to exempt earned income from foreign sources from the Massachusetts tax code; and
By Mr. Pacheco, a petition (subject to Joint Rule 12) of Marc R. Pacheco and S.E.I.U., Massachusetts State Council, by Susana Segat, director, for legislation to require the Division of Occupational Hygiene to adopt a certain pathogen standard;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.


A message from His Excellency the Governor recommending legislation relative to the minimum wage (House, No. 3961),— was referred, in concurrence, to the committee on Commerce and Labor.

Distinguished Guest.

There being no objection, the Chair (Ms. Melconian) introduced, seated in the rear of the Chamber, Retired Navy Captain George Street III. Captain Street was recognized for his heroic deeds during WWII, as the commanding officer of the U.S.S. Tirante, which earned him the Congressional Medal of Honor. Captain Street was accompanied by several members of American Legion Post 8 in Andover and was the guest of Senator Tucker. Captain Street signed the guest book and withdrew from the Chamber.


The following resolutions (having been filed with the Clerk) were read in their entirety by the Clerk and adopted, as follows:
Resolutions (filed by Ms. Tucker) "requesting the Department of the Navy of the United States of America to honor Captain George Street III of Andover by affixing his name to a United States naval vessel."

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Moore) "honoring the Southbridge High School boys basketball team";
Resolutions (filed by Mr. Pacheco) "honoring Edward J. O'Donoghue for his 26 years of dedicated service to the Bridgewater-Raynham Regional School District"; and
Resolutions (filed by Mrs. Sprague) "congratulating Margaret M. Erickson on being named the 1998 Willis D. McLean Citizen of the Year."

Reports of Committees.

Ms. Melconian, for the committee on Rules, reported, recommending that the following order ought to be adopted, to wit:
"Ordered, That, notwithstanding the provisions of any rule to the contrary, full consideration shall be allowed by the Senate, on Thursday, February 25, 1999, with reference to the report of the committee on Ways and Means on Senate, No. 1706, "An Act increasing the minimum wage". The bill shall be read a second time and ordered to a third reading. The bill will immediately be read a third time and open to amendments. All amendments, offered by members, shall be third reading amendments. Third reading amendments shall be filed in the Office of the Clerk of the Senate no later than ten o'clock A.M., on Wednesday, February 24, 1999, and said amendments shall be printed in the calendar pursuant to the provisions of Senate Rule 31A."
The report was considered forthwith; and, there being no objection, it was accepted.

By Messrs. Montigny and Lynch, for the committee on Ways and Means, on petition, a Bill increasing the minimum wage (Senate, No. 1706).
Read and, pursuant to a special order adopted this day in the Senate, the bill was placed in the Orders of the Day for Thursday, February 25, 1999.

By Ms. Melconian, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of David P. Magnani and Cheryl A. Jacques (by vote of the town) for legislation to authorize the town of Natick to enter into a lease agreement with the Massachusetts Bay Transportation Authority [Local approval received].
Senate Rule 36 was suspended, on motion of Mr. Moore, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on State Administration.

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 Senate Bill authorizing the town of Winthrop to use certain park and recreation land for school purposes (Senate, No. 965),— 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.

Order Adopted.

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

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