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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, March 25, 1998.
Met at three minutes past eleven o'clock A.M. (Mr. Norton in the Chair).
Petitions were presented and referred, as follows:
By Mr. Joyce, a petition (subject to Joint Rule 12) of Brian A. Joyce for legislation to make a
certain appropriation for fiscal year 1998 relative to a certain project in the town of Milton;
and
By Ms. Melconian (by request), a petition (subject to Joint Rule 12) of Paul Trimboli for
legislation to provide for a certain income tax exemption;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting
concurrently.
By Ms. Fargo, for the committee on Local Affairs, on petition
(accompanied by bill, Senate, No. 2136), an Order relative to authorizing the joint committee on
Local Affairs to sit during the recess of the General Court for the purpose of making an
investigation and study of Senate document numbered 2136 (Senate, No. 2149);
Referred, under Joint Rule 29, to the committees on Rules of the two branches, acting
concurrently.
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
Clarifying recall and to allow active and retired judges to serve on the Appeals Court (Senate,
No. 793) (the committee on Ways and Means having recommended that the bill be amended by
substituting a new draft entitled "An Act clarifying recall and allowing active and retired judges
to serve on the Appeals Court" (Senate, No. 2127); and
Relative to the performance of weddings by non-resident cantors (Senate, No. 2122); and
The House Bill relative to prison expansion (House, No. 5335).
A Bill providing for hearing screening of newborns (House, No. 5392, printed as amended,— on Senate, No. 1672 and House, No. 1123),— was read and, under Senate Rule 27, referred to the committee on Ways and Means.
A Bill authorizing the Governor to designate an additional justice of the peace in the town of West Bridgewater (House, No. 293,— on petition),— was read and, under Senate Rule 26, referred to the committee on Steering and Policy.
A Bill relative to the retirement allowance of Robert Lally of the town of Wellesley (House, No. 4961,— on petition) [Local approval received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.
The Chair (Mr. Norton) introduced the Shepherd Hill Regional High School Girls Varsity Soccer Team. The team was honored for winning the 1997 MIAA Division II State Soccer Championship. The Chair recognized the team's senior Tri-Captains Jen Langlois, Katie Brothers and Trisha Cushing. Also accompanying the team was their coach, Harry Logan. The team and their coach were the guests of Senator Moore.
There being no objection, at five minutes past eleven o'clock A.M., the Chair (Mr. Norton) declared a recess subject to the call of the Chair; and, at seven minutes past two o'clock P.M., the Senate reassembled, the President in the Chair.
The House Bill making appropriations for the fiscal year 1998 to
provide for certain collective bargaining agreements for supplementing certain existing
appropriations and certain other activities and projects (House, No. 5300),— came from the
House with the endorsement that the House had concurred in the Senate amendment striking out
all after the enacting clause and inserting in place thereof the text of Senate document numbered
2143,— with further amendments:
Striking out all after the enacting clause and inserting in place thereof the text contained in
House document numbered 5390; by striking out the emergency preamble and inserting the
following emergency preamble:
"Whereas, The deferred operation of this act would tend to defeat its purpose, which is
forthwith to make appropriations for the fiscal year ending June 30, 1998 and to make certain
changes in law, each of which is immediately necessary or appropriate to effectuate said
appropriations or for other important public purposes, therefore it is hereby declared to be an
emergency law, necessary for the immediate preservation of the public convenience."; and by
striking out the title and inserting in place thereof the following title: "An Act making
appropriations for the fiscal year 1998 to provide for supplementing certain existing
appropriations and for certain other activities and projects.".
There being no objection, the matter was considered forthwith. On motion of Mr. Tarr, the
Senate NON-concurred in the further House amendments.
The same Senator asked for a committee of conference on the disagreeing votes of the two
branches; and Senators Rosenberg, Travaglini and Rauschenbach were appointed to the
committee on the part of the Senate.
The bill was returned to the House endorsed accordingly.
By Mr. Montigny, for the committee on Ways and Means, that the
Senate Bill to improve the emergency medical services system (printed as House, No. 2307),
ought to pass, with an amendment, substituting a new draft with the same title (Senate, No.
2152).
There being no objection, the rules were suspended, on motion of Mr. Knapik, and the bill
was read a second time and was amended, as recommended by the committee on Ways and
Means. The new draft (Senate, No. 2152) was then ordered to a third reading.
Ms. Jacques, for the committee on Ways and Means, on House, No.
5114, reported, in part, a "Bill relative to false claims" (Senate, No. 2150).
The bill was read. There being no objection, the rules were suspended, on motion of Ms.
Melconian, and the bill was read a second time and ordered to a third reading.
By Mr. Rosenberg, for the committee on Ways and Means, that the
House Bill relative to the development and preservation of affordable housing (House, No. 5291,
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 2151; 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 provide forthwith for the development and preservation of affordable housing, therefore it is
hereby declared to be an emergency law, necessary for the immediate preservation of the public
convenience [Housing bond: $375,000,000]".
There being no objection, the rules were suspended, on motion of Mr. Norton, 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.
By Mr. Rosenberg, for the committee on Ways and Means, that the
House Bill relative to the terms of certain bonds and notes to be issued by the Commonwealth
(House, No. 5194), ought to pass.
There being no objection, the rules were suspended, on motion of Ms. Fargo, and the bill
was read a second time and ordered to a third reading.
Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 5399) of Charlotte Golar Richie for legislation to
establish a state association for settlement houses and neighborhood centers;
Under suspension of Joint Rule 12, to the committee on Human Services and Elderly
Affairs.
Petition (accompanied by bill, House, No. 5398) of Maura M.
O'Brien, John A. Locke, Cheryl A. Jacques, Lois G. Pines and others (by vote of the town) that
the town of Wellesley be authorized to establish a housing development corporation in said
town;
Under suspension of Joint Rule 12, to the committee on Local Affairs.
Petition (accompanied by bill, House, No. 5400) of Joseph R.
Gallitano and Dianne Wilkerson for legislation to include employees providing treatment to
certain persons in Group 2 of the contributory retirement system;
Under suspension of Joint Rule 12, to the committee on Public Service.
There being no objection, the following matter was taken out of the
Orders of the Day and considered, as follows:
The House Bill authorizing the city of Leominster to supply water to certain property located in
the town of Lancaster (House, No. 5061, changed),— was read a third time and passed
to be engrossed, in concurrence.
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,
Byron Rushing, Robert S. Creedon, Jr., Pamela P. Resor and other members of the General
Court for legislation to establish wireless enhanced 911 services.
Senate Rule 36 was suspended, on motion of Ms. Melconian, and the report was considered
forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to
the committee on Government Regulations.
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
for legislation to create a Massachusetts Power Squadron registration plate.
Senate Rule 36 was suspended, on motion of Ms. Melconian, 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,
William M. Straus, Mark C. Montigny and Robert M. Koczera for legislation to designate state
highway 105 in the town of Acushnet, Marion and Rochester as a scenic road..
Senate Rule 36 was suspended, on motion of Ms. Melconian, and the report was considered
forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to
the committee on Transportation.
Severally sent to the House for concurrence.
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:
Relative to the financing of a golf course by the city of Peabody (see Senate, No. 2006);
Relative to visitation rights of certain grandparents (see House, No. 2137, changed); and
Authorizing the establishment of a municipal insurance fund in the town of Brookline (see
House, No. 4650).
Resolutions (filed by Mr. Birmingham) "honoring Joseph Calci,
Director of Apprenticeship & Training of Painters and Allied Trades District Council #35",
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. Fargo, and adopted.
Resolutions (filed by Mr. Havern) "commending the physicians at
Symmes Hospital and Medical Center in Arlington on their celebration of Physician's Day",
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. Fargo, and adopted.
Resolutions (filed by Mr. Keating) "congratulating Lawrence A. Green
upon being chosen the 1998 Citizen of the Year by the Sharon Rotary Club", 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. Fargo, and adopted.
Mr. Norton offered the following order, to wit:
Ordered, That, when the Senate adjourns today, it adjourn to meet tomorrow at one
o'clock P.M.; and that, notwithstanding the provisions of any rule to the contrary, full
consideration shall be allowed by the Senate on Thursday, March 26, on House Bill No. 5291, a
"Bill relative to the development and preservation of affordable housing". All amendments,
offered by members, shall be third reading amendments and shall be filed in the office of the
Clerk of the Senate no later than Thursday, March 26, at eleven o'clock A.M.
There being no objection, the order was considered forthwith and adopted.
On motion of Mr. Tarr, at seventeen minutes past two o'clock P.M., the Senate adjourned to meet on the following day at one o'clock P.M.