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

Thursday, April 9, 1998.

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

Petition.

Mr. Morrissey presented a petition (subject to Joint Rule 12) of Michael W. Morrissey, Edward J. Clancy, Jr., Matthew J. Amorello and Brian A. Joyce for legislation relative to the retirement of certain members of the Massachusetts Port Authority Police,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

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 Bill relative to standardizing dental claim forms (Senate, No. 636); and
The House bills
Designating a certain bridge located in the town of Natick as the Veterans' Memorial Bridge (House, No. 5257);
Creating the crime of criminal solicitation (House, No. 5324); and
Regulating the siting of communication towers (House, No. 5355);
By Mr. Amorello, for the committee on Local Affairs, on petition, a Bill relative to the appointment of members of the town building committee in the town of Shrewsbury (printed as House, No. 5396) [Local approval received];
Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

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 the Judiciary to sit during the recess of the General Court for the purpose of making an investigation and study of House document numbered 4752 (Senate, No. 2114); and
Of the Senate 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 House document numbered 5022 (Senate, No. 2117);
And recommending that the same severally be referred to the Senate committee on Rules.
Under Senate Rule 36, the reports were severally considered forthwith and accepted.

Papers from the House

Bills
Relative to the transfer of certain fishing licenses (House, No. 91,— on House, No. 88, in part);
Relative to public hospitals (House, No. 2474,— on House, Nos. 2474 and 2679); and
Relative to the membership of the Special Military Reservation Commission (House, No. 3133,— on House, No. 3133 and 4924, in part);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

Bills
Prohibiting sex offenders from work release programs (House, No. 2942,— on petition); and
Relative to false impersonation (House, No. 5147,— on House, Nos. 1273, 2058, 2063, 3192 and 5025);
Were severally read and, under Senate Rule 26, referred to the committee on Steering and Policy.

Bills
Relative to certain contracting procedures in the city of Boston (House, No. 4672,— on petition) [Local approval received]; and
Relative to the assessment of sewer betterments in the town of West Boylston (House, No. 5133,— on petition) [Local approval received];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

The bi-monthly report of the Executive Office of Transportation and Construction (under Section 178 of Chapter 653 of the Acts of 1989) submitting an account of the costs incurred in connection with the depression of the Central Artery and the construction of the Ted Williams Tunnel (having been sent by the House to the Senate for its information),— was returned to the House to be placed on file.

A petition (accompanied by bill, House, No. 5429) of Martin J. Walsh and other members of the General Court (with the approval of the mayor and city council) relative to the certification and appointment of Stephen Charbonnier to the police department of the city of Boston,— was referred, in concurrence, to the committee on Public Service.

A message from His Honor the Lieutenant-Governor, Acting Governor (under Section 8 of Article LXXXIX of the Amendments to the Constitution) recommending legislation relative to amending a certain conservation restriction (House, No. 5428),— was referred, in concurrence, to the committee on Local Affairs.

Communication.

The Clerk read the following communication:

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

April 3, 1998.

Mr. Edward B. O'Neill
Clerk of the Massachusetts Senate
The State House, Room 335
Boston, Massachusetts 02133-1053

Dear Mr. Clerk:

Due to a long-standing commitment, I was unable to be present in the Senate Chamber for the final two roll call votes pertaining to House bill 5299, "[a]n Act relative to environmental cleanup and promoting the redevelopment of contaminated property" which was debated during the session of Thursday, April 2, 1998. Had I been present, I would have voted accordingly on the following matters:

For the information of any interested constituents and my counterparts in the Senate, I respectfully request this notice to spread upon the Journal of the Senate and placed on record within your office.

Sincerely,

ROBERT L. HEDLUND,
State Senator,
Plymouth and Norfolk District.

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

Report of a Committee.

Mr. Clancy, for the committee on Bills in the Third Reading, to whom was referred the amendment recommended by His Honor the Lieutenant-Governor, Acting Governor, to the engrossed Bill authorizing Evan Golann and David J. Bergeron to take the state police examination notwithstanding the maximum age requirements (see Senate, No. 2084) (for Acting Governor's message, see Senate, No. 2108),— reported, asking to be discharged from further consideration thereof.
The rules were suspended, on motion of Mr. Bernstein, and the report was considered forthwith and accepted.
The President stated that, pursuant to the provisions of Article 56 of the Amendments to the Constitution, the bill was "before the General Court and subject to amendment and re-enactment".
On motion of Mr. Moore, the engrossed bill was amended by adding the following section:
"SECTION 3. The provisions of this act relative to the eligibility for examination shall apply to the test administered on February 7, 1998, and eligibility for appointment as a result of taking said test shall apply to the appointment of two classes on or after February 7, 1998 or for one year following the effective date of this act, whichever first occurs."
   Sent to the House for its action.

Paper from the House

A petition (accompanied by bill, House, No. 5430) of Joan M. Menard and Thomas C. Norton for legislation to designate the overpass over Route 195 on Brayton Point Road in the town of Somerset as the John Marshall Overpass,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Transportation.

Petition.

On motion of Mr. Clancy, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Travaglini (accompanied by bill) of Robert E. Travaglini and Emanuel G. Serra for legislation to designate "Ode to Massachusetts" as the "Ode to the Commonwealth",— and the same was referred to the committee on State Administration.
   Sent to the House for concurrence.

Resolutions.

Resolutions (filed by Mr. Brewer) "honoring Edward 'Pete' G. Kavanaugh upon his retirement after 40 years of dedicated service to the town of Erving", 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. Shannon, and adopted.

Resolutions (filed by Mr. Brewer) "congratulating Chief Ralph H. Anderson, Jr., on the occasion of his retirement from the Rutland Police Department", 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. Shannon, and adopted.

Resolutions (filed by Mr. Moore) "on the retirement of Reverend Mel Hansen, Pastor of the North Uxbridge Baptist Church", 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. Shannon, and adopted.

Resolutions (filed by Mr. Moore) "honoring the Shepherd Hill Regional High School Chapter of the National Honor Society", 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. Shannon, and adopted.

Resolutions (filed by Mr. Panagiotakos) "congratulating Pepperell Council #317, Knights of Columbus on the occasion of its one hundredth anniversary", 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. Shannon, and adopted.

Resolutions (filed by Mr. Rauschenbach) "honoring Bruce Marks upon his retirement as Artistic Director of the Boston Ballet", 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. Shannon, and adopted.

Resolutions (filed by Mr. Travaglini) "congratulating Michael Burri upon becoming the first All-Scholastic Hockey Player at Savio Preparatory High School", 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. Shannon, and adopted.

Resolutions (filed by Ms. Wilkerson) "in recognition of Janet Langhart Cohen's visit to Massachusetts", 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. Shannon, and adopted.

Resolutions (filed by Ms. Wilkerson) "in recognition of United States Secretary of Defense William S. Cohen's visit to Massachusetts", 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. Shannon, and adopted.

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 Linda J. Melconian, Frederick E. Berry, Barbara Gardner and Ellen Story for legislation relative to the delivery of certain health services to Medicaid recipients.
Senate Rule 36 was suspended, on motion of Ms. Murray, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill, Senate, No. 2189) was referred to the committee on Health Care.

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 Richard T. Moore, Ronald W. Gauch, George N. Peterson, Jr., Michael R. Knapik and other members of the General Court for legislation relative to firearms licensing.
Senate Rule 36 was suspended, on motion of Ms. Murray, 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 Stephen F. Lynch and John A. Hart, Jr., for legislation to establish a sick leave bank for Charlotte Fischer, an employee of the Department of Mental Health.
Senate Rule 36 was suspended, on motion of Ms. Murray, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Service.
   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 bills
Relative to the charter of the town of Greenfield (House, No. 4474);
Providing for the layout and acceptance of certain ways by the town of Mansfield (House, No. 4709); and
Relative to the presiding officer of the town council of the town of Greenfield (House, No. 4926);
Were severally read a third time and passed to be engrossed, in concurrence.

Papers from the House
Engrossed Bills.

The following engrossed bills (all of which originated in the House), 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 counterfeiting (see House, No. 4707, amended);
Authorizing the city of Springfield to borrow a certain sum of money for capital improvements to the library and museum buildings (see House, No. 4909);
Providing for the appointment of a treasurer in the town of Boxborough (see House, No. 5287); and
Further regulating the siting of asphalt batching facilities in the cities of Chelsea, Malden and Revere (see House, No. 5413, printed as amended).

Order Adopted.

Mr. Nuciforo presented the following order, to wit:
Ordered, That, notwithstanding the provisions of Joint Rule 10, the committee on Election Laws be granted until Wednesday, May 20, 1998, within which to make its final report on current Senate document numbered 2140, relative to the election of the city clerk in the City of Springfield.
There being no objection, the order was considered forthwith, and adopted.
   Sent to the House for concurrence.

Paper from the House.
House Order Adopted.

The following House order (approved by the committees on Rules of the two branches, acting concurrently) was considered forthwith and adopted, in concurrence, to wit:
Ordered, That, notwithstanding the provisions of Joint Rule 10, the committee on Transportation be granted until Thursday, April 30, 1998, within which to make its final report on current House documents numbered 1636, 2613, 4987, 5176 and 5350.

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.


On motion of Mr. Tisei, at fourteen minutes past eleven o'clock A.M., the Senate adjourned to meet on the following Monday at eleven o'clock A.M.