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.


Thursday, April 23, 1998.

Met at two minutes past eleven o'clock A.M., Mr. Norton in the Chair.

Reports.

The following reports were severally read and placed on file:
A report of the city of Boston Finance Commission (under the provisions of Section 18 of Chapter 486 of the Acts of 1909) submitting its annual report (received Tuesday, April 21, 1998); and
A report of the Division of Medical Insurance (under the provisions of Section 43 of Chapter 170 of the Acts of 1997) submitting a report relative to the special medical and clinical needs of disabled or chronically ill children (received Wednesday, April 22, 1998).

Communication.

A communication from Senator Stephen F. Lynch in compliance with Massachusetts General Laws Chapter 268A (received April 21, 1998),— was placed on file.

Petitions.

Petitions were presented and referred, as follows:
By Mr. Antonioni (by request), a petition (subject to Joint Rule 12) of Harold F. Gabriel, Verne E. Roy and others for legislation relative to the continuation of insurance coverage by a spouse of a deceased employee or retired employee;
By Ms. Fargo, a petition (subject to Joint Rule 12) of Susan C. Fargo, John H. Rogers, Robert E. Travaglini, Warren E. Tolman and other members of the General Court for legislation to protect patient confidentiality; and
By Mr. Moore, a petition (subject to Joint Rule 12) of Richard T. Moore, Edward G. Connolly, Kevin Poirier, Michael J. Rodrigues and other members of the General Court for legislation to enhance parental responsibility in the Commonwealth;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

On motion of Mr. Bernstein, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Amorello (accompanied by bill) of Raymond V. Mariano, mayor, Thomas R. Hoover, city manager, Matthew J. Amorello, Robert A. Bernstein and other members of the General Court (with the approval of the mayor and city council) for legislation to authorize the city of Worcester to issue pension obligation bonds [Local approval received],— and the same was referred to the committee on Public Service.
   Sent to the House for concurrence.

Reports of Committees.

By Mr. Lynch, for the committee on Commerce and Labor, on petition, a Bill relative to the refusal to reissue a credit card (Senate, No. 2169);
Read and, under Senate Rule 26, referred to the committee on Steering and Policy.

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
Authorizing the Governor to designate an additional justice of the peace in the town of West Bridgewater (House, No. 293); and
Relative to production of records for review by the State Auditor (House, No. 2780).

Committees Discharged.

Mr. Keating, for the committee on the Judiciary, 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 5357 (Senate, No. 2146),— and recommending that the same be recommitted to the Senate committee on Rules.
Under Senate Rule 36, the report was considered forthwith and accepted

Ms. Pines, for the committee on Natural Resources and Agriculture, reported, asking to be discharged from further consideration of the 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,— 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.
Sent to the House for concurrence in the discharge of the joint committee.

Papers from the House

A report of the committee on Public Safety, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 5436) of Paul C. Casey and other members of the House for legislation to provide for the design, construction and equipping of a headquarters and training facility for the Department of Fire Services in the town of Stow, and recommending that the same be referred to the committee on Long-Term Debt and Capital Expenditures,— was considered forthwith, under Senate Rule 36, and accepted, in concurrence, insomuch as relates to the discharge of the joint committee.

Resolutions.

Resolutions (filed by Messrs. Bernstein and Amorello) "congratulating Robert J. O'Keefe of Worcester upon his retirement after 45 years of service as Worcester City Clerk", 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. Hedlund) "honoring James Francis Creed", 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. Knapik) "honoring John 'Jack' Danahey on being recognized for his community spirit by the Westfield Chapter of the American Red Cross", 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. Moore) "honoring the Uxbridge High School Student Council on being awarded the prestigious 'Award of Excellence' by the Massachusetts Association of Student Councils", 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. Wilkerson) "honoring Professor Dana Chandler for his distinguished career at the African American Artists in Residency Program", 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.

Papers from the House.
Emergency Preamble Adopted.

An engrossed Bill relative to notifying employees of the right to collect unemployment compensation (see Senate, No. 2126), 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 4 to 0.
The bill was signed by Mr. Norton, the Acting President (having been appointed by the President, under Senate Rule 4, to perform the duties of the Chair.)

Engrossed Bills.

The following engrossed bills (the first two of which originated in the Senate), 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 Mr. Norton, Acting President, and laid before the Acting Governor for his approbation, to wit:
Providing tenure of office for Dennis P. Grady as chief of the police department in the town of Mendon (see Senate, No. 2076);
Relative to the assessment of betterments in the town of Hinsdale (see Senate, No. 2096);
Further regulating the practice of pharmacy (see House, No. 4759);
Relative to the special police force of the town of Wellesley (see House, No. 4960);
Relative to the retirement allowance of Robert Lally of the town of Wellesley (see House, No. 4961); and
Further regulating the conduct of municipal employees (see House, No. 5102, amended).

Report of a Committee.

Mr. Norton, for the committee on Rules, to whom was referred the communication from the Counsel to the Senate and the Counsel to the House of Representatives (under the authority of Section 53 of Chapter 3 of the General Laws), reported, recommending that the bill accompanying said communication "An Act making corrective changes in certain general and special laws relating to state agency reorganization" (printed in Senate, No. 2101), ought to pass.
The bill was read. There being no objection, the rules were suspended, on motion of Mr. Rauschenbach, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed.
   Sent to the House for concurrence.

Order Adopted.

Mr. Morrissey presented the following order, to wit:
Ordered, That, notwithstanding the provisions of Joint Rule 10, the joint committee on Government Regulations be granted until Wednesday, April 29, 1998, within which time to make its final report on Senate documents numbered 391, 1892, 2052, 2086 and 2147 and House documents numbered 689, 3645, 3802, 4498, 5249 and 5395.
The order was considered forthwith and adopted.
   Sent to the House for concurrence.

Papers from the House

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 5466) of Donald E. Mulry and Mary Jane Simmons that the Superintendent of State Office Buildings be directed to display the 9/4th Infantry Division World War II flag in the State House; and
Petition (accompanied by bill, House, No. 5467) of Donald E. Mulry and Mary Jane Simmons that the Superintendent of State Office Buildings be directed to accept and place a mural of the 9/4th Infantry Division in the State House;
Severally, under suspension of Joint Rule 12, to the committee on State Administration.

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 Andrea F. Nuciforo, Jr., for legislation to authorize the simulcasting of live horse racing in Berkshire county.
There being no objection, the rules were suspended, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Government Regulations.
   Sent to the House for concurrence.

Recess.

At ten minutes past eleven o'clock A.M., the Chair (Mr. Norton) declared a recess subject to the call of the Chair; and, at thirteen minutes before three o'clock P.M., the Senate reassembled, the President in the Chair.

Papers from the House.

A Bill relative to the prosecution of juvenile offenders (House, No. 5468,— on Senate, No. 842, in part),— was read.
There being no objection, the rules were suspended, on motion of Mr. Norton, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Engrossed Bill.

An engrossed Bill relative to notifying employees of the right to collect unemployment compensation (see Senate, No. 2126) (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 enacted and was signed by the President and laid before the Acting Governor for his approbation.

Recess.

At ten minutes before three o'clock P.M., the President declared a recess subject to the call of the Chair; and, at eighteen minutes past three o'clock P.M., the Senate reassembled, the President in the Chair.

Papers from the House
Emergency Preamble Adopted; Engrossed Bill Enacted.

An engrossed Bill relative to the prosecution of juvenile offenders (see House, No. 5468), 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.
Subsequently, the bill, which originated in the Senate, came from the House with the endorsement that it had been enacted in that branch.
The Senate then passed the bill to be enacted; and it was signed by the President and laid before the Acting Governor for his approbation.

Order Adopted.

On motion of Mr. Bernstein,—
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. Rauschenbach, at twenty-five minutes past three o'clock P.M., the Senate adjourned to meet on the following Monday at eleven o'clock A.M.