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

Wednesday, April 29, 1998.

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

Petitions.

Petitions were presented and referred, as follows:
By Mr. Morrissey, a petition (subject to Joint Rule 12) of Michael W. Morrissey, James P. Jajuga, Charles E. Shannon, John D. O'Brien, Jo Ann Sprague and other members of the General Court for legislation to increase the penalty for individuals standing, walking or riding vehicles on railroad property; and
By Mr. Norton, a petition (subject to Joint Rule 12) of Thomas C. Norton for legislation to provide for the renovation and repair of the World War II Memorial of the Commonwealth;
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 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),— and recommending that the same be referred to the Senate committee on Rules.
Under Senate Rule 36, the report was considered forthwith and accepted.

Reports of Committees.

By Mr. Pacheco, for the committee on State Administration, on petition, a Bill authorizing the Lynn Water and Sewer Commission to enter into contracts for the lease, financing, design and construction of modifications for the water works system and sewer works system and the operation, maintenance, repair and replacement of the water and wastewater treatment plants, pump stations and combined sewer overflow consolidation and treatment facilities (Senate, No. 2192) [Local approval received];
Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

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 to maintain privacy (Senate, No. 2144); and
The House Bill relative to certain transactions by the Massachusetts Water Resources Authority (House, No. 3680, changed).

Papers from the House

A Bill further regulating requirements for licensing of elevator mechanics (House, No. 4974,— on House, No. 3328),— was read and, under Senate Rule 26, referred to the committee on Steering and Policy.

Bills
Relative to the membership of the conservation commission of the town of West Tisbury (House, No. 5182,— on petition) [Local approval received]; and
Relative to the membership of the conservation commission of the town of Falmouth (House, No. 5193,— on petition) [Local approval received];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Resolutions.

Resolutions (filed by Mr. Creedon) "congratulating Dominic Cataldo, Salvatore Sagese, Ralph Carl, Frank Martinelli and Linwood Copeland on the occasion of the fifty-third anniversary of the 643rd Tank Destroyer Battalion's participation in the Allied victory in Europe", 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.
Engrossed Bill.

An engrossed Bill providing for the licensing of pub breweries (see Senate, No. 2179) (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.

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 5473) of Bradley H. Jones, Jr., and Bruce E. Tarr (by vote of the town) that the town of North Reading be authorized to convey a certain parcel of conservation land;
To the committee on Local Affairs.

Petition (accompanied by bill, House, No. 5474) of Christopher G. Fallon and Richard R. Tisei (with the approval of the mayor and city council) that the city of Malden be authorized to regulate blasting operations within said city;
To the committee on Public Safety.

Petition (accompanied by bill, House, No. 5475) of Robert Correia, Thomas C. Norton, Michael J. Rodrigues and David B. Sullivan relative to making an appropriation for the creation of a manufacturing technology center in the city of Fall River;
Under suspension of Joint Rule 12, to the House committee on Ways and Means; and the Senate concurred in the suspension of said rule.

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 Mark C. Montigny for legislation relative to long term care residents who are the subject of probate court proceedings.
Senate Rule 36 was suspended, on motion of Mr. Bernstein, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) 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 Mark C. Montigny and Robert M. Koczera for legislation relative to continuation of certain insurance by a surviving spouse or dependent.
Senate Rule 36 was suspended, on motion of Mr. Bernstein, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Insurance.
Severally sent to the House for concurrence.

Mr. Rosenberg, for the committee on Ways and Means, on House, No. 5154, reported, in part, a "Bill relative to the competitive disposition of certain land located in the town of Wilbraham" (Senate, No. 2196).
The bill was read. There being no objection, the rules were suspended, on motion of Ms. Fargo, 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 House Bill relative to the retirement benefits of certain employees (House, No. 345), ought to pass, with an amendment, by striking out the first paragraph and inserting in place thereof the following paragraph:
"Notwithstanding the provisions of any general or special law to the contrary, the state retirement board shall consider the following former employees of the commonwealth as having been active employees for the purpose of eligibility for the early retirement incentive program as set forth in chapter 22 of the acts of 1992, and who would have been eligible for said program but for the commonwealth's implementation of reduction-in-force procedures prior to the effective date of said chapter 22; Virginia Campbell, Jeanette Elwood, Natalie Freilich-Messier, Stanley Glick, Henry Grunebaum, Mary O'Connor, and Edith Watson; provided, however, that the provisions of this act, and the benefits created herein, shall be available only to the aforementioned employees who would otherwise have been employed and eligible for said program but for their retirement, resignation or layoff as a consequence of such reduction-in-force procedures and shall be in lieu of any and all claims against the commonwealth for monetary damages or any award thereof as a result of rulings and remedial orders issued by the state labor relations commission on November 20, 1991, being number SUP-3426 and on August 21, 1992, being number SUP-3475; and provided, further, that if any of said employees have accepted recall, or have been rehired or re-employed by the commonwealth, they shall not be eligible for said program."
There being no objection, the rules were suspended, on motion of Mr. Norton, 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 ordered to a third reading.

By Mr. Rosenberg, for the committee on Ways and Means, that the Senate Bill relative to the consumer and merchant protection act (Senate, No. 2118), ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 2195).
There being no objection, the rules were suspended, on motion of Mr. Knapik, 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. 2195) was ordered to a third reading.

By Mr. Rosenberg, for the committee on Ways and Means, that the Senate Bill to place warning labels on cigars (Senate, No. 502), ought to pass, with an amendment, substituting a new draft entitled: "An Act placing warning labels on cigars and requiring disclosure of nicotine yield ratings and added constituents" (Senate, No. 2194).
There being no objection, the rules were suspended, on motion of Ms. Fargo, 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. 2194) was 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.


On motion of Mr. Knapik, at twenty-two minutes past eleven o'clock A.M., the Senate adjourned to meet on the following day at one o'clock P.M.