UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.

Thursday, March 26, 1998.

Met at twenty minutes before two o'clock P.M.

Petition.

Ms. Fargo presented a petition (subject to Joint Rule 12) of Susan C. Fargo, Stephen M. Brewer, John H. Stasik, Pamela P. Resor and other members of the General Court for legislation relative to creating an exotic aquatic species plant control program,— and the same was referred, 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 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),— 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

Notice was received that the House had concurred in the appointment of a committee of conference on the disagreeing votes of the two branches, with relation to the matters of difference, relative to 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 (see House, No. 5300). Representatives Haley of Weymouth, Stanley of Merrimac and Poirier of North Attleborough were appointed to the committee on the part of the House.
The membership of said committee on the part of the Senate are: Senators Rosenberg, Travaglini and Rauschenbach.

A Bill authorizing the town of Westport to reimburse certain tax payments (House, No. 5164,— on petition) [Local approval received],— was 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. 5395) of Ronald W. Gauch and David P. Magnani (by vote of the town) that the town of Westborough be authorized to issue two additional licenses for the sale of all alcoholic beverages to be drunk on the premises;
To the committee on Government Regulations.
Petition (accompanied by bill, House, No. 5396) of Ronald W. Gauch (by vote of the town) that the town of Shrewsbury be authorized to appoint a member of the board of selectmen to the town building committee;
To the committee on Local Affairs.
Petition (accompanied by bill, House, No. 5397) of Kevin G. Honan, Martin J. Walsh, Brian A. Joyce and Joseph C. Sullivan (with the approval of the mayor and city council) relative to the eligibility of John Ridge of the city of Boston for appointment as a police officer in said city;
To the committee on Public Service.

Report of a Committee of Conference.

Mr. Rosenberg, for the committee of conference, to whom were referred the matters of difference between the two branches, with reference to House amendments to the Senate Bill relative to establishing a revolving trust fund to aid in the financing of drinking water projects (Senate, No. 2091, amended) [amended by the House by striking out all after the enacting clause and inserting in place thereof the text of House document numbered 5288; and by striking out the title and inserting in place thereof the following title: "An Act relative to the creation of a revolving trust fund to aid in the financing of drinking water projects"], reported, in part, a "Bill relative to establishing a revolving trust fund to aid in the financing of drinking water projects" (Senate, No. 2154).
The report was read.
The rules were suspended, on motion of Mr. Norton, and the report was considered forthwith.
The question on accepting the report was then determined by a call of the yeas and nays, at nineteen minutes before two o'clock P.M., on motion of Mr. Lees, as follows, to wit (yeas 35 — nays 0):

YEAS.

— 35.

NAYS. — 0

ABSENT OR NOT VOTING.

— 4.

The yeas and nays having been completed at twelve minutes before two o'clock P.M., the report was accepted.
   Sent to the House for concurrence.

Matters Taken Out of the Notice Section of the Calendar.

There being no objection, the following matters were taken out of the notice section of the calendar and considered, as follows:
The Senate Bill exempting the chief of police of the town of Oxford from the provisions of the civil service law (Senate, No. 2104),— was read a third time and passed to be engrossed.
   Sent to the House for concurrence.

The House Bill relative to the issuance of tax bills in the city of Lawrence (House, No. 5306),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Papers from the House

The Senate Bill to improve the Massachusetts child support enforcement program (Senate, No. 2044),— came from the House passed to be engrossed, in concurrence, with an amendment, striking out all after the enacting clause and inserting in place thereof the text contained in House document numbered 5385.
There being no objection, the House amendment was considered forthwith.
Mr. Rosenberg moved that the House amendment be amended as follows:
In section 86 (as printed), by inserting after the word "benefits", in line 9, the following words:— "not otherwise exempt";
In section 192 (as printed), by striking out the paragraph in lines 105 to 113, inclusive, and inserting in place thereof the following paragraph:—
"(g) In the event of a state of emergency declared by the governor or the president of the United States, the commissioner of insurance may temporarily suspend the application of this section to claims made due to the conditions resulting in such state of emergency."; 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 forthwith to provide for enhanced enforcement of child support obligations, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience."
After debate, the amendment was adopted.
Mr. Lees moved that the House amendment be further amended by deleting the last sentence of paragraph (a) of section 24D of section 192 and inserting in place thereof the following sentence:— "For the purpose of this section, the word 'claimant' shall mean a third party claimant who brings a claim against an insured under a liability insurance policy or the liability coverage portion of a multiperil policy, or a beneficiary under a life insurance or annuity policy. The commissioner of revenue, in consultation with the commissioner of insurance, shall promulgate regulations setting forth procedures for implementing the provisions of this section."
The amendment was rejected.
Mr. Lees then moved that the House amendment be further amended by inserting after the fourth sentence in paragraph (a) of section 24D of section 192 the following sentence:— "Nothing in this section shall require a company to provide information about the claimant to the IV-D agency pursuant to this section if the IV-D agency fails to make information about the claimant available to the company in a workable method of format."
The amendment was rejected.
The question on concurring in the House amendment, as amended, was then determined by a call of the yeas and nays, at four minutes past two o'clock P.M., on motion of Mr. Lees, as follows, to wit (yeas 35 — nays 0):

YEAS.

— 35.

NAYS. — 0

ABSENT OR NOT VOTING.

— 4.

The yeas and nays having been completed at eight minutes past two o'clock P.M., the Senate concurred in the House amendment, as amended.
Sent to the House for concurrence in the further Senate amendment.

Orders of the Day.

The Orders of the Day were considered, as follows:
The Senate Bill relative to the police department of the town of Spencer (Senate, No. 2113),— was read a second time and ordered to a third reading. Subsequently, there being no objection, the bill was read a third time and passed to be engrossed.
   Sent to the House for concurrence.

Bills
Authorizing the city of Fall River to use a certain parcel of land for school department and park department purposes (Senate, No. 2129);
Relative to counterfeiting (House, No. 4707, amended);
Relative to the police force of the town of Wellesley (House, No. 4960); and
Authorizing the town of Arlington to establish a special fund for the payment of costs relative to school renovation projects in the town (House, No. 5159);
Were severally read a second time and ordered to a third reading.

The Senate Bill relative to false claims (Senate, No. 2150),— was read a third time.
Pending the question on passing the bill to be engrossed, Ms. Jacques and Mr. Rosenberg moved to amend the bill by striking out, in line 229, the word "may" and inserting in place thereof the following word:— "shall"; and by striking out, in line 239, the word "may" and inserting in place thereof the following word:— "shall".
After debate, the amendment was adopted.
After remarks, the question on passing the bill to be engrossed was determined by a call of the yeas and nays, at fourteen minutes before three o'clock P.M., on motion of Ms. Pines, as follows, to wit (yeas 36 — nays 0):

YEAS.

— 36.

NAYS. — 0

ABSENT OR NOT VOTING.

— 3.

Mr. Durand in the Chair,— the yeas and nays having been completed at seven minutes before three o'clock P.M., the bill (Senate, No. 2150, amended) was passed to be engrossed.
   Sent to the House for concurrence.

The President in the Chair,— the Senate Bill to improve the emergency medical services system (Senate, No. 2152),— was read a third time.
After remarks, the question on passing the bill to be engrossed was determined by a call of the yeas and nays, at three o'clock P.M., on motion of Mr. Montigny, as follows, to wit (yeas 36 — nays 0):

YEAS.

— 36.

NAYS. — 0

ABSENT OR NOT VOTING.

— 3.

The yeas and nays having been completed at five minutes past three o'clock P.M., the bill (Senate, No. 2152) was passed to be engrossed.
   Sent to the House for concurrence.

Distinguished Guests.

There being no objection, during consideration of the Orders of the Day, the President introduced business and government officials from the People's Republic of China. Zhang Wanqing, the mayor of Zaozhuang, a member of the delegation, signed the guest book. The group then withdrew from the Chamber. They were the guests of Senator Creedon.

The Orders of the Day were further considered.

The House Bill relative to the development and preservation of affordable housing (House, No. 5291, amended),— was read a third time.
Pending the question on passing the bill to be engrossed, Mr. Rauschenbach moved to amend the bill in item 7004-8984 by inserting after the words "such units;" the following words:— "provided further, that $5,000,000 shall be expended for the funding of a pilot program to be administered by the department of housing and community development using nontraditional, cost effective methods of maintenance, including, but not limited to, prison labor for the purpose of revitalizing and redeveloping elderly public housing in the commonwealth;".
The amendment was rejected.
Mr. Joyce moved to amend the bill in section 2, by adding the following two items:—

YEAS.

— 36.

NAYS. — 0

ABSENT OR NOT VOTING.

— 3.

The yeas and nays having been completed at twenty-three minutes past three o'clock P.M., the bill was passed to be engrossed, in concurrence, with the amendments [for text of Senate amendments, printed as amended, see Senate, No. 2155].
Sent to the House for concurrence in the amendments.

The President in the Chair,— the House Bill relative to the terms of certain bonds and notes to be issued by the Commonwealth (printed in House, No. 5194),— was read a third time; and, after remarks, it was passed to be engrossed, in concurrence.

The House Bill relative to fire departments (House, No. 990, amended),— was considered, the question being on ordering it to a third reading.
Mr. Durand moved that the bill be amended by inserting after the word "authority" in line 2 and line 4 the words: "or the Massachusetts Development Finance Agency".
The amendment was adopted.
Pending the question on ordering the bill, as amended, to a third reading, on motion of Mr. Lees, the further consideration thereof was postponed until Thursday, April 9.

Papers from the House.

The Senate Bill authorizing the suspension of certain labor laws in an emergency (Senate, No. 1862, amended),— came from he House passed to be engrossed, in concurrence, with an amendment, striking out, in line 2, the following: "July 1, 1998" and inserting in place thereof the following: "September 1, 1999".
The rules were suspended, on motion of Mr. Norton, and the House amendment was considered forthwith and adopted, in concurrence.

A petition (accompanied by bill, House, No. 5402) of Michael P. Cahill and other members of the House relative to the civil commitment process for persons with mental illness,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Human Services and Elderly Affairs.

Resolutions.

Resolutions (filed by Mr. Clancy) "congratulating James Aaron Crowley on the occasion of his ninetieth birthday", 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. Wilkerson, and adopted.

Resolutions (filed by Mr. Keating) "congratulating Nancy Duquette on the occasion of her retirement from the Norton Public Schools", 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. Wilkerson, and adopted.

Resolutions (filed by Mr. Lees) "honoring James 'Jim' Connor on his retirement", 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. Wilkerson, and adopted.

Resolutions (filed by Ms. Wilkerson) "in recognition of the late Mrs. Kay Baxter's service as Jamaica's Consul General to New York", 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. Wilkerson, and adopted.

Communication.

There being no objection, the Clerk read the following communication:

COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS SENATE
STATE HOUSE, BOSTON 02133-1053

March 26, 1998.

Mr. Edward B. O'Neill
Clerk of the Senate
State House, Room 335
Boston, Massachusetts 02133

Dear Mr. Clerk:

I am writing regarding the first two roll call votes taken during formal session on Thursday, March 26, 1998. I was detained out of the building at a speaking engagement and was therefore not present for the two votes.
Had I been present, I would have voted in favor of accepting the Conference Committee's report on House 5280, relative to Drinking Water Revolving Fund and would have also voted in favor of accepting the House amendment to House 5358, relative to child support.
I respectfully request that this notice be placed on record and be printed in the Journal of the Senate.

Sincerely,

MATTHEW J. AMORELLO,
Senate Minority Whip.

On motion of Mr. Lees, the above statement was ordered printed in the Journal of the Senate.

Report 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 and other members of the General Court [for additional petitioners, see printed bill] for legislation to prohibit profiteering and to promote fair funding and local accountability in public education.
There being no objection, Senate Rule 36 was suspended, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Education, Arts and Humanities.
   Sent to the House for concurrence.

Order Adopted.

Mr. Durand and Ms. Fargo offered the following order, to wit:
Ordered, That, notwithstanding the provisions of Joint Rule 10, the joint committee on Local Affairs be granted until Thursday, April 2, 1998 within which to make its final report on House document numbered 5287.
The order was considered forthwith, and adopted.
   Sent to the House for concurrence.

Order Adopted.

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

Order Adopted.

On motion of Mr. Lees, at twenty-six minutes before four o'clock P.M., the Senate adjourned to meet on the following Monday at eleven o'clock A.M.