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.


Wednesday, April 15, 1998.

Met at five minutes past eleven o'clock A.M. (Mr. Norton in the Chair) (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

Petitions.

Petitions were presented and referred, as follows:
By Mr. Amorello, a petition (subject to Joint Rule 12) of Matthew J. Amorello and Paul K. Frost for legislation relative to the commercial exemption in cities and towns;
By Mr. Clancy, a petition (subject to Joint Rule 12) of Edward J. Clancy, Jr., Douglas W. Petersen and Steven Angelo (with the approval of the mayor and the city council) for legislation to authorize the Lynn Water and Sewer Commission to enter into contracts for the operation and maintenance, repair and replacement of the water and wastewater treatment plants, pump stations and combined sewer overflow consolidation and treatment facilities [Local approval received];
By Ms. Murray, a petition (subject to Joint Rule 12) of Therese Murray and Francis L. Marini for legislation to provide for a sales tax exemption for mobile homes which have characteristics of a conventional home;
By Mr. Nuciforo, a petition (subject to Joint Rule 12) of Andrea F. Nuciforo, Jr., and Daniel F. Keenan (by vote of the town) for legislation relative to the acceptance of streets in the town of Tolland [Local approval received]; and
By Mr. Tisei, a petition (subject to Joint Rule 12) of Richard R. Tisei and Brian M. Cresta for legislation to authorize the Division of Capital Planning and Operations to grant a strip of real property located in the town of Wakefield to the owner of the abutting property;
Severally, 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 Public Service to sit during the recess of the General Court for the purpose of making an investigation and study of Senate document numbered 2159, relative to options on retirement (Senate, No. 2175),— and recommending that the same be referred to the Senate committee on Senate Rules.
Under Senate Rule 36, the report was considered forthwith and accepted.

Mr. Clancy, for the committee on Rules, reported, asking to be discharged from further consideration of the Senate Resolve to create a commission to examine the deferred compensation committee (Senate, No. 2133),— and recommending that the same be referred to the Senate committee on Ways and Means.
Under Senate Rule 36, the report was considered forthwith and accepted.

Reports of Committees.

By Mr. Bernstein, for the committee on Criminal Justice, on petition, a Bill relative to annoying communications (Senate, No. 2162); and
By Mr. Pacheco, for the committee on State Administration, on petition, a Bill to establish May 23rd as Special Needs Awareness Day (Senate, No. 2172);
Severally read and, under Senate Rule 26, referred to the committee on Steering and Policy.

Papers from the House

Bills
Further regulating medical malpractice insurance (House, No. 1143, amended,— on House, Nos. 1143 and 2495); and
Relative to the Union School of the towns of New Salem and Wendell (House, No. 4537,— on petition);
Were severally read and, under Senate Rule 26, referred to the committee on Steering and Policy.

Messages were referred, in concurrence, as follows:
Message from His Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to protecting the public from dangerous sexual predators (House, No. 5433);
To the committee on Criminal Justice.
Message from His Honor the Lieutenant-Governor, Acting Governor, submitting resolutions for adoption by the General Court relative to encouraging the beneficial use of biosolids in the Common wealth of Massachusetts (House, No. 5434);
To the committee on Natural Resources and Agriculture.

Resolutions.

Resolutions (filed by Mr. Bernstein) "on the rededication of the Gale Free Library in the town of Holden on its one hundred and tenth 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. Bernstein, and adopted.

Resolutions (filed by Ms. Fargo, Mr. Tolman, Ms. Jacques, Ms. Wilkerson, Messrs. Rosenberg and Shannon) "memorializing the President and the Congress of the United States to shift funds from the military to the states", 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.

Resolutions (filed by Mr. Keating) "congratulating Fire Chief James A. Polito of the Sharon Fire Department on the occasion of 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 Mr. Bernstein, and adopted.

Resolutions (filed by Messrs. Keating and Creedon) "congratulating Ernest R. Camara upon his retirement as Town Accountant for the town of Easton", 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.

Resolutions (filed by Mr. Magnani) "congratulating Mr. and Mrs. James P. McHugo on the occasion of their fiftieth wedding 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. Bernstein, and adopted.

Resolutions (filed by Ms. Wilkerson) "recognizing the outstanding achievements of Alice M. Freeman", 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.

Papers from the House

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 Acting President and laid before the Acting Governor for his approbation, to wit:
Relative to the charter of the town of Greenfield (see House, No. 4474);
Providing for the layout and acceptance of certain ways by the town of Mansfield (see House, No. 4709); and
Relative to the presiding officer of the town council of the town of Greenfield (see House, No. 4926).

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 James P. Jajuga for legislation relative to the possession or sale of police insignia.
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.
   Sent to the House for concurrence.

Papers from the House

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 5442) of Dennis M. Murphy and Steven C. Panagiotakos relative to electric transmission lines under the jurisdiction of the Energy Facilities Siting Board;
Under suspension of Joint Rule 12, to the committee on Energy.
Petition (accompanied by bill, House, No. 5443) of Nancy Flavin and other members of the General Court relative to the registration of motor vehicles owned or under the control of the Commonwealth or its political subdivisions;
Under Suspension of Joint Rule 12, to the committee on Public Safety.
Petition (accompanied by bill, House, No. 5444) of Barbara Gardner and David P. Magnani relative to authorizing the South Middlesex Regional Vocational Technical School to pay certain health insurance premiums;
Under suspension of Joint Rule 12, to the committee on Public Service.
Petition (accompanied by bill, House, No. 5445) of Thomas N. George and Henri S. Rauschenbach relative to further regulating the disposal of certain surplus property by towns under the uniform procurement law;
Under suspension of Joint Rule 12, to the committee on State Administration.
Petition (accompanied by bill, House, No. 5446) of Thomas N. George and Henri S. Rauschenbach (by vote of the town) for legislation to authorize the town of Brewster to print separate tax rates for its educational costs and expenses;
Under suspension of Joint Rule 12, to the committee on Taxation.

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 Bill authorizing the city of Brockton to enter into contracts for the operation and maintenance, lease or sale and modifications of the wastewater and water treatment facilities plant, sewer and pump stations (House, No. 4459),— was read a third time.
The following amendment, previously presented by Mr. Creedon, was read and adopted, to wit:
"In section 2, in the first paragraph, by adding the following two sentences:— 'A contract entered into pursuant to this act may provide that, subject to a majority vote of the city council, the city shall not be exempt from liability for payment of the costs to finance, permit, design and construct modifications or install new equipment and systems at the wastewater and/or water treatment facilities plant, sewers and pump stations necessary to ensure the ability of said wastewater or water treatment facilities plant, sewers and pump stations to operate in full compliance with all applicable requirements of federal, state, and local law, provided that such costs shall be amortized over a period that is no longer than the useful life of said modifications, equipment, and system. The city's payment obligations for all operations and maintenance services shall be conditioned on the contractor's performance of said services in accordance with all contractual terms.';
In section 6, by adding the following two sentences:— 'Any such contract shall provide that prior to the construction of modifications or installation of equipment and systems the city shall cause a qualified wastewater engineer to independently review and approve plans and specifications for said modifications, equipment, and systems. Such contract shall further provide that prior to the city's acceptance of any modifications, equipment, or systems, including work undertaken pursuant to section 8 and estimated to cost more than $100,000, the city shall cause a qualified wastewater engineer to inspect said modifications, equipment, and systems and certify that the construction or installation has been completed in accordance with the approved plans and specifications.';
In section 8, in the first sentence, by striking out, in lines 4 and 5, the words 'to, or the acquisition or disposition of real or personal property'.; and in section 8, by adding the following three sentences:— 'The contractor may act as an agent of the city in the solicitation of bids for the construction of any new capital improvement or for any renovation, modernization, installation, or replacement work pursuant to this section, provided that the city shall cause a qualified wastewater engineer to independently assess the need for such capital improvement, renovation, modernization, installation or replacement work and to review and approve the contractor's proposed plans and specifications prior to advertising for bids. Based on the recommendation of the qualified wastewater engineer, the city may approve, modify, or reject the contractor's proposed plans and specifications. Any contract or contracts awarded pursuant to this act shall provide that in the event that the city does not approve the contractor's proposed plans and specifications pursuant to this section, the city or the contractor may terminate said contract or contracts under the terms and conditions of said contract or contracts.' "
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 assessment of sewer betterments in the town of West Boylston (House, No. 5113),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Distinguished Guests.

The Chair (Mr. Norton) introduced students from the Lincoln-Sudbury High School, who are members of the "Young Democratic Club". The students were the guests of Senator Fargo.

Reports of a Committee.

By Mr. Rosenberg, for the committee on Ways and Means, that the House Bill relative to the practice of pharmacy (House, No. 4759), ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Amorello, 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 Senate Bill relative to rental agreements of the Division of Capital Planning and Operations (Senate, No. 1973), ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 2176).
There being no objection, the rules were suspended, on motion of Mr. Bernstein, 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. 2176) was then ordered to a third reading.

By Mr. Rosenberg, for the committee on Ways and Means, that the Senate Bill relative to the Holyoke Armory (Senate, No. 2058), ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 2177).
There being no objection, the rules were suspended, on motion of Ms. Melconian, 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. 2177) was then ordered to a third reading.

By Mr. Rosenberg, for the committee on Ways and Means, that the House Bill authorizing the Division of Capital Planning and Operations to enter into a lease of certain property with the town of Chelmsford (House, No. 5340), ought to pass, with an amendment, striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2178.
There being no objection, the rules were suspended, on motion of Mr. Amorello, 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 Senate Bill further regulating farmer breweries and farmer wineries (Senate, No. 2094), ought to pass, with an amendment, substituting a new draft entitled "An Act relative to the licensing of pub breweries" (Senate, No. 2179).
There being no objection, the rules were suspended, on motion of Mr. Bernstein, 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. 2179) was then ordered to a third reading.

Mr. Rosenberg, for the committee on Ways and Means, on House, No. 5114, reported, in part, a "Bill clarifying certain benefits of Trial Court employees" (Senate, No. 2180).
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.

Order Adopted.

On motion of Mr. Bernstein,—
Ordered, That when the Senate adjourns today, it adjourn to meet again tomorrow at one o'clock P.M.




Adjournment in Memory of Mr. William Sutton of Charlestown.

Mr. Birmingham presented an order that when the Senate adjourns today, it adjourn in memory of Mr. William Sutton of Charlestown, former aide to John F. Kennedy, and one who filled the corridors of the State House with charm and good cheer. The order was adopted.
Accordingly, as a mark of respect to the memory of Mr. William Sutton, at eighteen minutes past eleven o'clock A.M., on motion of Ms. Melconian, the Senate adjourned to meet on the following day at one o'clock P.M.