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

Tuesday, April 21, 1998.

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

Petitions.

Petitions were presented and referred, as follows:
By Mr. Keating, a petition (subject to Joint Rule 12) of William R. Keating for legislation to clarify jurisdiction in juvenile crimes;
By Ms. Murray (by request), a petition (subject to Joint Rule 12) of Bruce Dalton for legislation to provide for certified notice of warrant to a delinquent motor vehicle excise taxpayer;
By Mr. Moore, a petition (subject to Joint Rule 12) of Richard T. Moore, Edward G. Connolly, Kevin Poirier, George N. Peterson, Jr., and other members of the General Court for legislation to encourage environmental and economic enhancement in the Commonwealth; and
By the same Senator, a petition (subject to Joint Rule 12) of Richard T. Moore and other members of the General Court [for additional petitioners, see printed bill] for legislation to provide for the entry of the Commonwealth into the interstate emergency management assistance compact;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

By Mr. Keating, for the committee on the Judiciary, on Senate, Nos. 733 and 847, a Bill to enhance inter-agency communication in criminal proceedings regarding juvenile and youthful offenders (Senate, No. 2186);
Read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Ms. Pines, for the committee on Natural Resources and Agriculture, on petition (accompanied by bill, Senate, No. 2168), an Order relative to authorizing the joint committee on Natural Resources and Agriculture to sit during the recess of the General Court for the purpose of making an investigation and study of Senate document numbered 2168, relative to underground storage tanks (Senate, No. 2185);
Referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

Papers from the House

A Bill authorizing the city of Worcester to convey a conservation restriction to the Greater Worcester Land Trust, Inc. (House, No. 4814,— on Senate, No. 1914 and House, No. 4814) [Local approval received on Senate, No. 1914 and House, No. 4814],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Resolutions.

Resolutions (filed by Mr. Berry) "congratulating Caleb Loring, III upon being named person of the year by the Abraham Glovsky Unit at B'Nai B'rith", 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. Brewer) "commending District Deputy Raymond C. Boulais for his years of dedicated service to the Knights of Columbus, Saint Francis of Assisi Council No. 10698 and congratulating him upon his recent nomination as a delegate to the one hundred and sixteenth Supreme Convention", 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 Messrs. Lees and Knapik) "honoring Janis Santos on 25 years of dedicated service to Holyoke-Chicopee-Springfield Head Start, Inc.", 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. Magnani) "honoring Henry T. Tamagno, District Governor of Lions District 33-K", 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. Montigny) "congratulating the Whaling City Branch 18 of the National Association of Letter Carriers on the occasion of National Association of Letter Carriers National Food Drive 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. Montigny) "congratulating the University of Massachusetts at Dartmouth upon winning the 1998 Eastern Collegiate Athletic Conference Men's Division III Ice Hockey Championship", 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. Tolman, Ms. Melconian, Messrs. O'Brien, Bernstein, Panagiotakos and Amorello) "on the occasion of A Day of Remembrance for the Armenian Genocide of 1915 to 1923", 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 Ms. Walsh) "congratulating James E. Sullivan 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 Ms. Fargo, and adopted.

Resolutions (filed by Ms. Walsh and Mr. Lynch) "on the retirement of the Honorable Mary C. Fitzpatrick, Chief Justice of the Probate and Family Court Department of the Massachusetts Trial Court", 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.

Communications.

The Clerk read the following communication:

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

April 21, 1998.

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

Dear Mr. Clerk:

On April 16, 1998, I was not present for a number of roll call votes due to a conflict in schedule that could not be resolved. Had I been present, I would have voted in the affirmative in regard to the following matters:

I respectfully request that this notice be placed on record and be printed in the Journal of the Senate.

Sincerely,

JAMES P. JAJUGA,
Third Essex District.

On motion of Mr. Bernstein, the communication was ordered printed in the Journal of the Senate.

The Clerk read the following communication:

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

April 16, 1998.

The Honorable Edward B. O'Neill
Clerk of the Senate
State House
Boston, Massachusetts 02133

Dear Mr. O'Neill:

Due to a prior commitment to serve as Chair at a Senate Ways and Means Committee hearing in Gardner, I was unable to be present in the afternoon and evening of April 2, when the Senate voted on several matters. Had I been present, I would have voted in the following manner on these matters:

I respectfully request that this notice be placed on record and be printed in the Journal of the Senate.

Very truly yours,

ROBERT A. ANTONIONI,
State Senator.

On motion of Mr. Moore, the communication was ordered printed in the Journal of the Senate.

Papers from the House
Engrossed Bill.

An engrossed Bill relative to the Massachusetts Congregational Charitable Society (see House, No. 4849) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be enacted and was signed by the President and laid before the Acting Governor for his approbation.

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 5459) of Patricia A. Walrath, Harold M. Lane, Jr., and Robert A. Antonioni relative to the attendance of siblings upon the withdrawal of schools from the school choice program;
Under suspension of Joint Rule 12, to the committee on Education, Arts and Humanities.

Petition (accompanied by bill, House, No. 5450) of Pamela P. Resor and Robert A. Durand (by vote of the town) relative to the board of selectmen in the town of Boxborough;
To the committee on Local Affairs.

Petition (accompanied by bill, House, No. 5460) of Robert S. Hargraves and Robert A. Antonioni (by vote of the town) relative to authorizing the town of Lunenburg to convey a certain parcel of conservation land and exempting said conveyance from provisions of the uniform procurement law;
Under suspension of Joint Rule 12, to the committee on State Administration.

Reconsideration.

On motion of Mr. Keating, the Senate reconsidered the vote by which, at the preceding session, it had passed to be engrossed the Senate Bill prohibiting disclosure of home addresses of judicial clerks (Senate, No. 842, amended).
Pending the recurring question on passing the bill to be engrossed; Mr. Keating moved that the bill be further amended in section 5, by striking out the words "or for nay other proceeding" and inserting in place thereof the following words:— or for any other proceeding";
In section 9, by striking out the words "Section 2" and inserting in place thereof the following words:— "Sections 2 to 6, inclusive,";
In section 10, by striking out the words "Section 3" and inserting in place thereof the following words:— "Section 7"; and
By striking out the title and inserting in place thereof the following title:—
"An Act prohibiting the disclosure of home addresses of judicial clerks and clarifying the law relative to the prosecution of juvenile offenders."
The amendment was adopted.
The bill (Senate, No. 842, amended) was then passed to be engrossed.
   Sent to the House for concurrence.

Recess.

At thirteen minutes past eleven o'clock A.M., the President declared a recess subject to the call of the Chair; and, at twenty-nine minutes past twelve o'clock noon, the Senate reassembled, the President in the Chair.

Papers from the House
Emergency Preamble Adopted.

An engrossed Bill making appropriations for the fiscal year 1998 to provide for certain collective bargaining agreements, for supplementing certain existing appropriations and for certain other activities and projects (see Senate, No. 2181), having been certified by the Senate Clerk to be rightly and truly prepared for final passage and containing an emergency preamble,— was laid before the Senate; and, a separate vote being taken in accordance with the requirements of Article LXVII of the Amendments to the Constitution, the preamble was adopted, in concurrence, by a vote of 2 to 0.
The bill was signed by the President and sent to the House for enactment.

Engrossed Bill.

An engrossed Bill authorizing Evan Golann and David J. Bergeron to take the state police examination notwithstanding the maximum age requirement (see Senate, No. 2084, amended) (which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be re-enacted and was signed by the President and again laid before the Acting Governor for his approbation.

Recess.

At twenty-nine minutes before one o'clock P.M., the President declared a recess subject to the call of the Chair; and, at fourteen minutes before three o'clock P.M., the Senate reassembled, the President in the Chair.

Papers from the House
Engrossed Bill.

An engrossed Bill making appropriations for the fiscal year 1998 to provide for certain collective bargaining agreements, for supplementing certain existing appropriations and for certain other activities and projects (see Senate, No. 2181) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be enacted and was signed by the President and laid before the Acting Governor for his approbation.

Order Adopted.

On motion of Mr. Tisei,—
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. Tisei, at twelve minutes before three o'clock P.M., the Senate adjourned to meet on the following Thursday at eleven o'clock A.M.