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, April 6, 1998.

Met at six minutes past eleven o'clock A.M.

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 establish a sick leave bank for Sandra Norfolk, an employee of the Department of Mental Retardation;
By Ms. Melconian, a petition (subject to Joint Rule 12) of Linda J. Melconian, Frederick E. Berry, Barbara Gardner and Ellen Story for legislation relative to the delivery of certain health services to Medicaid recipients; and
By Mr. Montigny, a petition (subject to Joint Rule 12) of Mark C. Montigny and Robert M. Koczera for legislation relative to continuation of certain insurance by a surviving spouse or dependent;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports.

A report 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 the Braintree Alternative Center in the town of Braintree (received Tuesday, March 3, 1998),— was read and sent to the House for its information.

A report of the Executive Office of Health and Human Services, Division of Health Care Finance and Policy (under the provisions of Section 39 of Chapter 170 of the Acts of 1997) submitting a report relative to increasing health insurance coverage for the working uninsured (received Wednesday, April 1, 1998),— was placed on file.

Committee Discharged.

Mr. Norton, for the committee on Rules, reported, in part, on 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 certain Senate and House documents (Senate No. 1869), asking to be discharged from further consideration
Of the petition (accompanied by bill, Senate No. 733) of Frederick E. Berry, James P. Jajuga, Kevin M. Burke, Essex County District Attorney, and other members of the General Court for legislation to enhance inter-agency communication in criminal proceedings regarding juveniles and youthful offenders; and
Of the petition (accompanied by bill, Senate, No. 847) of the Massachusetts District Attorneys Association, by Thomas F. Reilly, president, William R. Keating, John D. O'Brien and James P. Jajuga for legislation to enhance inter-agency communication in criminal proceedings regarding juveniles and youthful offenders;
And recommending that the same severally be recommitted to the committee on the Judiciary.
Under Senate Rule 36, the reports were severally considered forthwith and accepted.

Mr. Norton, for the committee on Rules, to whom was referred 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),— reported, asking to be discharged from further consideration and recommending that the same be recommitted to the committee on the Judiciary.
Under Senate Rule 36, the report was considered forthwith and accepted.

Reports of Committees.

By Mr. Moore, for the committee on Public Service, on petition, a Bill relative to the survivor option selection of Roy P. Messenger (Senate, No. 2156);
Read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Mr. Moore, for the committee on Public Service, on petition (accompanied by bill, Senate, No. 2153), an Order relative to authorizing the joint committee on Public Service to sit during the recess of the General Court for the purpose of making an investigation and study of Senate document numbered 2153, relative to veteran's benefits (Senate, No. 2167);
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 House bills
Further regulating board meetings by banks (House, No. 1875, changed and amended); and
Relative to crimes committed by persons licensed by the Office for Children (House, No. 4590).

Papers from the House

A Bill establishing a city or town aid to the elderly and disabled taxation fund (House, No. 4984, amended,— on petition),— was read and, under Senate Rule 26, referred to the committee on Steering and Policy.

Bills
Authorizing the town of Westborough to issue an additional license for the sale of all alcoholic beverages to be drunk on the premises (House, No. 5132,— on petition) [Local approval received]; and
Transferring control of a certain parcel of park land in the city of Holyoke (House, No. 5237,— on petition) [Local approval received];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

A message from His Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to authorizing the establishment of the South Shore tri-town development corporation (House, No. 5411),— was referred, in concurrence, to the committee on State Administration.

A petition (accompanied by bill, House, No. 5412) of James P. Jajuga, Arthur J. Broadhurst and others (with the approval of the mayor and town council) relative to the appointment of two alternate members to the licensing board of the city known as the town of Methuen,— was referred, in concurrence, to the committee on Local Affairs.

Resolutions.

Resolutions (filed by Mr. Montigny) "honoring Anita L. Turner for her many years of service to Saint Luke's hospital and her contributions to the New Bedford Community", 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 Mr. Bernstein, and adopted.

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 were considered, as follows:
The House Bill providing for the annual observance of Robert Frost Day (House, No. 5056),— was read a third time.
An amendment, previously presented by Mr. O'Brien, striking out, in line 4, the words "October 25th" and inserting in place thereof the following words: "the fourth Saturday in October",— was read and adopted.
The bill was then passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

The House Bill relative to the town of Barre and a memorandum of understanding with Phoenix Plaza Corp. and Ware River Recreational Corp. (printed as Senate, No. 2070),— was read a second time, ordered to a third reading, 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 Robert A. Bernstein and John J. Binienda for legislation to authorize and direct the State Board of Retirement to pay a superannuation retirement allowance.
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, Senate, No. 2191) was referred to the committee on Public Service.

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 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.
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, Senate, No. 2171) was referred to the committee on Natural Resources and Agriculture.

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 Charles E. Shannon and Vincent P. Ciampa for legislation to exempt certain veterans from the motor vehicle excise tax.
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, Senate, No. 2174) was referred to the committee on Taxation.
   Severally sent to the House for concurrence.

Papers from the House

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 5416) of Dennis M. Murphy, Colleen M. Garry and Steven C. Panagiotakos for legislation to establish an energy facility site registry under the Energy Facilities Siting Board;
Petition (accompanied by bill, House, No. 5417) of Dennis M. Murphy, Colleen M. Garry and Steven C. Panagiotakos for legislation to authorize certain local agencies to refer petitions for the construction of energy facilities to the Energy Facilities Siting Board;
Petition (accompanied by bill, House, No. 5418) of Dennis M. Murphy, Colleen M. Garry and Steven C. Panagiotakos relative to notice of municipalities of petitions to construct certain energy facilities;
Petition (accompanied by bill, House, No. 5419) of Dennis M. Murphy, Colleen M. Garry and Steven C. Panagiotakos relative to the membership of the Energy Facilities Siting Board; and
Petition (accompanied by bill, House, No. 5420) of Dennis M. Murphy, Colleen M. Garry and Steven C. Panagiotakos relative to technology performance standards for electric power generation facilities;
Severally, under suspension of Joint Rule 12, to the committee on Energy.

Petition (accompanied by bill, House, No. 5421) of Dennis M. Murphy, Colleen M. Garry and Steven C. Panagiotakos relative to the procedure for taking of land for the establishment of gas pipelines;
Under suspension of Joint Rule 12, to the committee on Government Regulations.

Petition (accompanied by bill, House, No. 5422) of Robert A. DeLeo, William G. Reinstein, Robert E. Travaglini and Emanuel G. Serra for legislation to direct the Department of Environmental Management to begin the dredging of Belle Isle Marsh and Winthrop Harbor;
Under suspension of Joint Rule 12, to the committee on Natural Resources and Agriculture.

Petition (accompanied by bill, House, No. 5423) of Ronald W. Gauch, William J. McManus II, Robert A. Bernstein and Matthew J. Amorello for legislation to designate a certain boathouse in the city of Worcester as the Allan Fearn Boathouse at Regatta Point;
Under suspension of Joint Rule 12, to the committee on State Administration.

A Bill further regulating the siting of asphalt batching facilities in the cities of Chelsea, Malden and Revere (House, No. 5413,— printed as amended,— on House, Nos. 2514 and 2915),— was read.
There being no objection, the rules were suspended, on motion of Ms. Melconian, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Order Adopted.

Ms. Fargo presented the following order, to wit:
Ordered, That, notwithstanding the provisions of Joint Rule 10, the joint committee on Local Affairs be given until Monday, May 4, 1998 within which to make its final report on current Senate document numbered 988 and certain current House documents numbered 5213, 5258, 5277 and 5290.
   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 Thursday 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 eleven minutes past eleven o'clock A.M., the Senate adjourned to meet on the following Thursday at eleven o'clock A.M.