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UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.


Seal of the
Commonwealth of Massachusetts

Wednesday, March 25, 1998.

Met at three minutes past eleven o'clock A.M. (Mr. Norton in the Chair).

Petitions.

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.

Reports of Committees.

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).

Papers from the House.

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.

Distinguished Guests.

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.

Recess.

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.

Paper from the House.

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.

Reports of a Committee.

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.

Papers from the House.

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.

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 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.

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 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.

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 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.

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.

Order 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.