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, March 23, 1998.

Met at one minute past eleven o'clock A.M. (Mr. Norton in the Chair) (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

Communication.

A communication from the Department of Education (under the provisions of Chapter 645 of the Acts of 1948, as amended by Subsection 11 of Section 2 of Chapter 746 of the Acts of 1987) submitting interim regulations pertaining to school construction under the school building assistance program (received Friday, February 27, 1998),— was placed on file.

Reports.

Reports of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) relative to inspections of certain correctional facilities in the Commonwealth:
Of the Essex County Correctional Facility in the town of Middletown (received Thursday, March 19, 1998);
Of M.C.I. Lancaster in the town of Lancaster (received Thursday, March 19, 1998); and
Of the North Central Correctional facility in the town of Gardner (received Thursday, March 19, 1998);
Were severally read and sent to the House for its information.

A report of the Executive Office for Administration and Finance (under the provisions of Section 2 of Chapter 28 of the Acts of 1998) submitting a detailed analysis on the condition and renovation costs of the Saltonstall State Office Building (received Thursday, March 19, 1998),— was placed on file.

Petitions.

Petitions were presented and referred, as follows:
By Mr. Berry, a petition (subject to Joint Rule 12) of Frederick E. Berry for legislation to further regulate the issuance of death certificates; and
By Ms. Murray, a petition (subject to Joint Rule 12) of Therese Murray, Michael P. Cahill, Robert E. Travaglini, David P. Magnani and Richard R. Tisei for legislation to further define the practice of mental health counseling;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Committees Discharged.

Mr. Norton, for the committees on Rules of the two branches, acting concurrently, reported, asking to be discharged from further consideration of the Senate Resolve to create a commission to examine the deferred compensation committee (Senate, No. 2133),— and recommending that the same be referred to the Senate committee on Rules.
Under Senate Rule 36, the report was considered forthwith and accepted.

Mr. Norton, for the committees on Rules of the two branches, acting concurrently, reported, asking to be discharged from further consideration of the Senate Order relative to authorizing the joint committee on the Judiciary to sit during the recess of the General Court for the purpose of making an investigation and study of House document numbered 5357 (Senate, No. 2146),— and recommending that the same be referred to the Senate committee on Rules.
Under Senate Rule 36, the report was considered forthwith and accepted.

Papers from the House.

Bills
Providing for the licensure of perfusionists (House, No. 923, amended,— on petition); and
Authorizing the Division of Capital Planning and Operations to convey a certain parcel of land in the town of Bridgewater (House, No. 4534, amended,— on House, No. 1223);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

Bills
Relative to production of records for review by the State Auditor (House, No. 2780,— on petition); and
Relative to the provision of natural gas service in the town of Wakefield (printed in House, No. 5060,— being a message from His Honor the Lieutenant-Governor, Acting Governor);
Were severally read and, under Senate Rule 26, referred to the committee on Steering and Policy.

Bills
Relative to the presiding officer of the town council of the town of Greenfield (House, No. 4926,— on petition) [Local approval received];
Authorizing the town of Billerica to refund a certain tax payment House, No. 5097,— on petition) [Local approval received];
Authorizing the town of North Attleborough to make certain conveyances of forest land (House, No. 5224,— on petition) [Local approval received]; and
Relative to the issuance of tax bills in the city of Lawrence (House, No. 5306,— on petition) [Local approval received];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 5388) of Michael J. Albano (mayor) and Anthony M. Scibelli (with the approval of the city council) relative to the qualifications of the commissioner of code enforcement in the city of Springfield;
To the committee on Local Affairs.

Petition (accompanied by bill, House, No. 5389) of Paul C. Casey, Bradley H. Jones, Jr., and Richard R. Tisei (by vote of the town) that the town of Reading be authorized to grant a certain retirement allowance to Louis Bacigalupo, a former employee of said town;
To the committee on Public Service.

Emergency Preamble Adopted.

An engrossed Bill authorizing the Division of Capital Planning and Operations to convey certain land in the city of Boston (see House, No. 2396), 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 Committees.

By Mr. Norton, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Matthew J. Amorello, Richard T. Moore, Stephen M. Brewer, Brian P. Lees and other members of the General Court for legislation relative to unlawfully providing firearms to minors.
Senate Rule 36 was suspended, on motion of Mr. Rosenberg, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill, Senate, No. 2183) was referred to the committee on Criminal Justice.

By Mr. Norton, 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, John A. Stefanini, Carol A. Donovan, Marian Walsh and other members of the General Court for legislation relative to the suspension or revocation of any license, permit or certificate issued by the State Fire Marshal.
Senate Rule 36 was suspended, on motion of Mr. Rosenberg, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Safety.

By Mr. Norton, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Marc R. Pacheco and other members of the General Court for legislation relative to the creation, bonding, and public contracting authority of the Southeast Water Supply District.
Senate Rule 36 was suspended, on motion of Mr. Rosenberg, 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.
   Severally sent to the House for concurrence.

Matters Taken Out of the Orders of the Day.

There being no objection, the following matters were taken out of the Orders of the Day and considered, as follows:
The House Bill authorizing the city of New Bedford to issue an additional license for the sale of all alcoholic beverages to be drunk on the premises (House, No. 5138),— 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 authorizing the city of New Bedford to issue an additional license for the sale of all alcoholic beverages to be drunk on the premises."

The House Bill authorizing the city of New Bedford to issue an additional license for the sale of all alcoholic beverages (House, No. 5161),— 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 authorizing the city of New Bedford to issue an additional license for the sale of all alcoholic beverages to be drunk on the premises."

Resolutions.

Resolutions (filed by Messrs. Birmingham and Clancy) "congratulating Sandra Lyn Whyte on winning a Gold Medal as a member of the 1998 United States Women's Olympic Hockey Team", were referred, under the rule, to the committee on Rules.
Subsequently, Mr. Norton, 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. Melconian, and adopted.

Resolutions (filed by Mr. Durand) "honoring Frederick E. Fearing on the occasion of his retirement from the police department of the town of Hudson after 26 years of dedicated service", were referred, under the rule, to the committee on Rules.
Subsequently, Mr. Norton, 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. Melconian, and adopted.

Resolutions (filed by Mr. Durand) "honoring Paul M. Veo in recognition of his retirement as the Chief of Police in the town of Hudson after 26 years of dedicated service to the town", were referred, under the rule, to the committee on Rules.
Subsequently, Mr. Norton, 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. Melconian, and adopted.

Resolutions (filed by Mr. Lynch) "congratulating Susan and Jack Woods", were referred, under the rule, to the committee on Rules.
Subsequently, Mr. Norton, 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. Melconian, and adopted.

Resolutions (filed by Ms. Wilkerson) "honoring John J. Smith Chapter #3 Order of the Eastern Star", were referred, under the rule, to the committee on Rules.
Subsequently, Mr. Norton, 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. Melconian, and adopted.

Order Adopted.

On motion of Mr. Shannon,—
Ordered, That when the Senate adjourns today, it adjourn to meet again on Wednesday 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. Amorello, at seven minutes past eleven o'clock A.M., the Senate adjourned to meet on the following Wednesday at eleven o'clock A.M.