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 29, 1999.

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

Special Commission — Changes.

Notice was received in the office of the Clerk of the Senate that Senator Rosenberg of Hampshire and Franklin had resigned as a member of the special commission established (pursuant to section 409 of Chapter 194 of the Acts of 1998) to make an investigation and study of collective bargaining and dispute resolutions for municipal police officers, firefighters and other public employees. The President announced the appointment of Senator Melconian of Hampden to said commission to fill the vacancy.
The membership of said commission on the part of the Senate is as follows: Senators Joyce of Suffolk and Norfolk, Melconian of Hampden and Tarr of Essex and Middlesex.

Communications.

The following communications were severally placed on file:
Communication from the Hampden County Sheriff's Department submitting a plan of action letter in response to inspection of the Western Massachusetts Correctional Alcohol Center in the city of Springfield (received Thursday, April 22, 1999);
Communication from the Division of Employment and Training submitting a copy of a directory listing all occupations requiring licensure in the Commonwealth (received Thursday, April 22, 1999);
Communication from Stanley Z. Koplik, Chancellor, Board of Higher Education (under the provisions of Section 7 of Chapter 150E of the General Laws) submitting a copy of a request for an appropriation to fund incremental cost items contained in a collective bargaining agreement executed between the said board and the Massachusetts State College Association/Massachusetts Teachers Association (received Wednesday, April 28, 1999); and
Communication from Stanley Z. Koplik, Chancellor, Board of Higher Education (under the provisions of Section 7 of Chapter 150E of the General Laws) submitting a copy of a request for an appropriation to fund certain incremental cost items contained in a collective bargaining agreement executed between said board and the Massachusetts Teachers Association/Association of Professional Administrators (received Thursday, April 29, 1999).

Reports.

A report of the Bureau of Special Investigations (under the provisions of Section 15D(6) of Chapter 22 of the General Laws) submitting a report of its activities for the month of March 1999 (received Monday, April 26, 1999),— was read and sent to the House for its information.


A report of the Division of Employment and Training (under the provisions of Chapter 233 of the Acts of 1983) submitting a quarterly report on the condition of the Commonwealth's Unemployment Insurance Trust Fund (received Thursday, April 29, 1999),— was placed on file.

Petitions.

Petitions were presented and referred, as follows:
By Mr. Clancy, a petition (subject to Joint Rule 12) of Edward J. Clancy, Jr., for legislation relative to the importation of tobacco products;
By Mr. Glodis, a petition (subject to Joint Rule 12) of Guy W. Glodis, John P. Fresolo, Richard T. Moore, Dianne Wilkerson, Steven A. Tolman and Susan C. Fargo for legislation to provide an income tax deduction for certain organ donations;
By Mr. Moore, a petition (subject to Joint Rule 12) of Richard T. Moore, Robert A. Bernstein, John P. Fresolo, Guy W. Glodis, James P. Jajuga and others for legislation relative to the postponement or waiver of a parole hearing;
By Mr. Panagiotakos, a petition (subject to Joint Rule 12) of Steven C. Panagiotakos, James P. Jajuga, Richard R. Tisei, Kevin J. Murphy, Thomas A. Golden, Jr., and David M. Nangle (with the approval of the city council) for legislation to authorize the Lowell Housing Authority to promote affordable housing opportunities to persons of low and moderate income [Local approval received]; and
By Ms. Tucker, a petition (subject to Joint Rule 12) of Susan C. Tucker for legislation relative to civil service preference for Patrick Delaney for appointment to the fire service;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

By Mr. Joyce, for the committee on Public Service, on Senate, Nos. 1209, 1213, 1232, 1257, 1274, 1331, 1345, 1350 and 1378, an Order relative to authorizing the joint committee on Public Service to make an investigation and study of various Senate documents relative to civil service and compensation (Senate, No. 1777);
Referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

By Ms. Murray, for the committee on Human Services and Elderly Affairs, on petition, a Bill providing for compensation to providers of human services for compliance with certain statutes, rules, regulations and mandatory policies and guidelines (Senate, No. 570);
By the same Senator, for the same committee, on petition, a Bill providing for the licensing of alcohol and drug counselors (Senate, No. 610);
By the same Senator, for the same committee, on petition, a Bill to ensure non-discrimination in the purchase of certain human services (Senate, No. 612);
By Mr. Joyce, for the committee on Public Service, on petition, a Bill relative to the deferred compensation limit (Senate, No. 1269);
By the same Senator, for the same committee, on Senate, Nos. 1181 and 1275, a Bill including a masters in public administration under the so-called Quinn Bill (Senate, No. 1275) (Representative Casey of Winchester dissenting);
By the same Senator, for the same committee, on petition, a Bill establishing a career incentive pay program for the Massachusetts Bay Transportation Authority police (Senate, No. 1372);
By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 1376), a Bill authorizing a retroactive veteran's annuity to Paul Bartel, Jr. (Senate, No. 1776); and
By the same Senator, for the same committee, on petition, a Bill including certain environmental police officers in the Department of Fisheries, Wildlife and Environmental Law Enforcement in the career incentive program (printed as House, No. 301) (Representative Casey of Winchester dissenting);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

Ms. Melconian, for the committees on Rules of the two branches, acting concurrently, that the Senate Resolve providing for an investigation and study by a special commission relative to the needs of persons with agoraphobia and related disorders (Senate, No. 637),— ought to pass;
Referred, under Senate Rule 27, to the committee on Ways and Means.

By Ms. Murray, for the committee on Human Services and Elderly Affairs, on petition, a Bill further defining the practice of mental health counseling (Senate, No. 609); and
By Mr. Joyce, for the committee on Public Service, on petition, a Bill relative to appointments to police service (Senate, No. 1236);
Severally read and, under Senate Rule 26, referred to the committee on Steering and Policy.

Mr. Brewer, for the committee on Steering and Policy, reported that the following matters be placed in the Orders of Day for the next session:
The Senate bills
Authorizing the sale of lottery tickets at the Soldiers' Home in Holyoke (Senate, No. 360);
Relative to a technical correction to the state's assisted living laws (Senate, No. 583);
Relative to municipal bonding for underground utilities (Senate, No. 949);
Relative to interest earned on landfill reserve funds (Senate, No. 950);
Relative to designating March 31st of every year as the Civilian Conservation Corps Day (Senate, No. 1451, changed); and
Establishing a senior service corps (Senate, No. 1750); and
The Senate reports
Of the committee on Election Laws, ought NOT to pass:
On the petition (accompanied by bill, Senate, No. 316) of Merton B. Baker for legislation relative to ballot access practices in the commonwealth; and
On the petition (accompanied by bill, Senate, No. 319) of Robert A. Durand for legislation to provide for binding "none of the above" voter consent options in elections.

Committee Discharged.

Ms. Murray, for the committee on Human Services and Elderly Affairs, reported, asking to be discharged from further consideration.of the petition (accompanied by bill, Senate, No. 593) of Linda J. Melconian, Therese Murray, Robert A. Havern, Charles A. Murphy and other members of the General Court for legislation to provide for inflation adjustments in multi-year social service contracts,— 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.

Reports of Committees on Proposals for
Legislative Amendments to the Constitution.

Mr. Glodis, for the committee on Election Laws, on the petition (accompanied by proposal, Senate, No. 325) of Richard T. Moore, Brian A. Joyce and Martin J. Walsh for a legislative amendment to the Constitution to increase the terms of Senators from two to four years,— reported, in accordance with a provision of Joint Rule 23, recommending that the amendment proposed by said petition (see Senate, No. 325), ought NOT to pass.
The same Senator, for the same committee, on the petition (accompanied by proposal, House, No. 1724) of Jay R. Kaufman, other members of the General Court and another for a legislative amendment to the Constitution relative to a vacancy in the office of Governor or Lieutenant-Governor, — reported, in accordance with a provision of Joint Rule 23, recommending that the amendment proposed by said petition (see House, No. 1724), ought to pass, with an amendment, substituting a new draft entitled "Proposal for a legislative amendment to the Constitution relative to a vacancy in the office of Governor or Lieutenant-Governor"(Senate, No. 1773).
Mr. Creedon, for the committee on the Judiciary, on the petition (accompanied by proposal, Senate, No. 915) of Bruce E. Tarr for a legislative amendment to the Constitution relative to certain defective warrants in the course of a search and seizure operation,—reported, in accordance with a provision of Joint Rule 23, recommending that the amendment proposed by said petition (see Senate, No. 915), ought NOT to pass.
The same Senator, for the same committee, on the petition (accompanied by proposal, House, No. 1766) of James J. Carroll for a legislative amendment to the Constitution relative to the tenure of judges,— reported, in accordance with a provision of Joint Rule 23, recommending that the amendment proposed by said petition (see House, No. 1766), ought NOT to pass.
The same Senator, for the same committee, on the petition (accompanied by proposal, House, No. 2370), of Mary Jeanette Murray and Martin J. Walsh for a legislative amendment to the Constitution to prohibit pardons for first degree murder,— reported, in accordance with a provision of Joint Rule 23, recommending that the amendment proposed by said petition (see House, No. 2370), ought NOT to pass.
The same Senator, for the same committee, on the petition (accompanied by proposal, House, No. 2556) of Kathleen M. Teahan and other members of the General Court for a legislative amendment to the Constitution relative to the rights of crime victims,— reported, in accordance with a provision of Joint Rule 23, recommending that the amendment proposed by said petition (see House, No. 2556), ought NOT to pass.
The same Senator, for the same committee, on the petition (accompanied by proposal, House, No. 3289) of Paul C. Demakis and other members of the General Court for a legislative amendment to the Constitution relative to protecting the right of personal reproductive decisions,— reported, in accordance with a provision of Joint Rule 23, recommending that the amendment proposed by said petition (see House, No. 3289), ought NOT to pass. (Representative Candaras of Wilbraham dissenting).
Mr. Havern, for the committee on Transportation, on the petition (accompanied by proposal, House, No. 1876) of Joseph C. Sullivan, Robert A. Havern and another for a legislative amendment to the Constitution relative to the expenditure of monies from the Highway Fund,— reported, in accordance with a provision of Joint Rule 23, recommending that the amendment proposed by said petition (see House, No. 1876), ought to pass.
The reports were severally read and placed on file, in accordance with the requirements of said rule.

Under the provisions of Joint Rule 23, the following proposal was placed on file, the time within which the said committee was required to report having expired:—
Of the committee on Ways and Means (Joint), ought NOT to pass (under Joint Rule 23), on the petition (accompanied by House, No. 1878) of Jay R. Kaufman and other members of the General Court for a legislative amendment to the Constitution providing for the submission of budgets for two fiscal years by the Governor.

PAPERS FROM THE HOUSE.

Notice was received that the Speaker had announced that the Minority Leader had appointed Representative George of Yarmouth to serve on the special commission established (under Section 409 of Chapter 194 of the Acts of 1998) to make an investigation and study of collective bargaining and dispute resolutions for municipal police officers, firefighters and other public employees.

A petition (accompanied by bill, House, No. 4285) of John A. Lepper and Cheryl A. Jacques (with the approval of the mayor and municipal council) relative to the assessment of sewer betterments in the city of Attleboro,— was referred, in concurrence, to the committee on Taxation.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Joyce, Ms. Murray, Messrs. Glodis, Clancy, Rosenberg, Mrs. Sprague, Messrs. Morrissey, Moore, Tolman, Brewer, Tarr, Ms. Creem, Messrs. Berry and Havern, Ms. Melconian, Messrs. Nuciforo, Panagiotakos, Lynch, Ms. Tucker, Ms. Fargo, Messrs. Travaglini and Bernstein, Ms. Walsh, Messrs. Magnani and Rauschenbach, Ms. Jacques and Ms. Wilkerson) "memorializing the Congress of the United States to reject any proposal to reform Social Security that includes mandatory coverage for public employees";
Resolutions (filed by Mr. Lees) "congratulating the Civitan Club of Springfield for its 75 years of service to the greater Springfield community";
Resolutions (filed by Mr. Pacheco ) "congratulating Louise and Frank Kruczek on the occasion of their fiftieth wedding anniversary";
Resolutions (filed by Mr. Shannon) "on the occasion of the retirement of Kevin Fantasia"; and
Resolutions (filed by Mrs. Sprague) "congratulating Daniel Ryan Freiwald of Walpole upon his elevation to the rank of Eagle Scout."

PAPER FROM THE HOUSE.

A Bill relative to the school committee in the city of Malden (House, No. 4l33,— on petition) (Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in 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 Senate bills
Relative to the charter of Easthampton (Senate, No. 1317); and
Relative to the annual observance of Jack Kerouac Day Senate, No. 1450, changed);
Were severally read a second time, ordered to a third reading, read a third time and passed to be engrossed.
Severally sent to the House for concurrence.

PAPER FROM THE HOUSE.

Engrossed Bill.

An engrossed Bill providing for the election of a town clerk in the town of Belchertown (see House, No. 4172) (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 Governor for his approbation.

Order Adopted.

On motion of Ms. Melconian,—
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 a quarter past eleven o'clock A.M., the Senate adjourned to meet on the following Monday at eleven o'clock A.M.