UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.

Thursday, April 30, 1998.

Met at fourteen minutes past one o'clock P.M.

Message from the Acting Governor.

A message from His Honor the Lieutenant-Governor, Acting Governor (under the provisions of Article LXXXIX of the Amendments to the Constitution) recommending legislation to validate the action taken at the annual town meeting of the town of Brookline (Senate, No. 2198) (received in the office of the Clerk of the Senate on Wednesday, April 29, 1998 at twenty-five minutes before five o'clock P.M.),— was referred to the committee on Local Affairs.
   Sent to the House for concurrence.

Petitions.

Mr. Bernstein presented a petition (accompanied by bill, Senate, No. 2200) of Raymond V. Mariano, mayor, Thomas R. Hoover, city manager, Robert A. Bernstein, Matthew J. Amorello and other members of the General Court (with the approval of the mayor and city council) for legislation to authorize the release of certain easements in the city of Worcester,— and the same was referred, under Senate Rule 20, to the committee on Local Affairs.
   Sent to the House for concurrence.

Mr. Morrissey presented a petition (subject to Joint Rule 12) of Michael W. Morrissey for legislation to authorize public accountants to be deemed certified public accountants,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Committee Discharged.

Mr. Norton, for the committee on Rules, 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 committee on the Judiciary.
Under Senate Rule 36, the report was considered forthwith and accepted.

Report of a Committee.

By Mr. Antonioni, for the committee on Education, Arts and Humanities, on petition (accompanied by bill, Senate, No. 2182), an Order relative to authorizing the joint committee on Education, Arts and Humanities to sit during the recess of the General Court for the purpose of making an investigation and study of a current Senate document numbered 2182, relative to authorizing the trustees of Berkshire Community College to adjust tuition rates and charges for residents of bordering states (Senate, No. 2199) [Representatives O'Brien of Hanover and Hargraves of Groton dissenting];
Referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

Orders of the Day.

The Orders of the Day were considered, as follows:
Bills
Relative to standardizing dental claim forms (Senate, No. 636);
Relative to the appointment of members of the town building committee in the town of Shrewsbury (printed as House, No. 5396);
Providing protection for certain retirement accounts (House, No. 1355);
Further regulating board meetings by banks (House, No. 1875, changed and amended);
Relative to certain contracting procedures in the city of Boston (House, No. 4672);
Authorizing the town of Westborough to issue an additional license for the sale of all alcoholic beverages to be drunk on the premises (House, No. 5132); and
Designating a certain bridge located in the town of Natick as the Veterans' Memorial Bridge (House, No. 5257);
Were severally read a second time and ordered to a third reading.

The Senate bills
Establishing the Massachusetts prudent investor act (Senate, No. 2079); and
Relative to the competitive disposition of certain land located in the town of Wilbraham (Senate, No. 2196);
Were severally read a third time and passed to be engrossed.
Severally sent to the House for concurrence.

The House Bill relative to the practice of acupuncture (House, No. 4642),— was read a third time and passed to be engrossed, in concurrence.

The House Bill relative to the retirement benefits of certain employees (House, No. 345),— was read a third time and passed to be engrossed, in concurrence.
Sent to the House for concurrence in the amendment previously adopted by the Senate.

The House Bill relative to crimes committed by persons licensed by the Office for Children (House, No. 4590),— was read a second time.
Pending the question on ordering the bill to a third reading, on motion of Mr. Rosenberg, the bill was referred to the Senate committee on Ways and Means.

The House Bill creating the crime of criminal solicitation (House, No. 5324),— was read a second time and ordered to a third reading.

The House Bill regulating the siting of communication towers (House, No. 5355),— was read a second time.
Pending the question on ordering the bill to a third reading, on motion of Mr. Morrissey, the further consideration thereof was postponed until Thursday, May 7.

The Senate Bill making certain changes in the apprentice training law (Senate, No. 102, changed),— was read a third time. Mr. Clancy, for the committee on Bills in the Third Reading, reported, asking to be discharged from further consideration thereof.
This report was accepted.
Pending the question on passing the bill to be engrossed, Messrs. Lynch and Travaglini moved that the bill be amended by substituting a new draft entitled: "An Act relative to apprentice agreements" (Senate, No. 2197).
After debate, the amendment was adopted.
The new draft (Senate, No. 2197) was then passed to be engrossed.
   Sent to the House for concurrence.

Distinguished Guests.

There being no objection, during the consideration of the Orders of the Day, the President introduced the Boston College Hockey Team. The team is the 1998 Hockey East Champions and was a finalist in the NCAA Hockey Tournament. The team was accompanied by Athletic Director Gene DeFilippo, Head Coach Jerry York and former Senator W. Paul White. Head Coach Jerry York signed the guest book and, along with the group, withdrew from the Chamber.

Orders of the Day.

The Senate Bill requiring the placement of certain labels on cigars and disclosure of nicotine yield ratings and added constituents (Senate, No. 2194) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time.
After remarks, the question on passing the bill to be engrossed was determined by a call of the yeas and nays, at four minutes before two o'clock P.M., on motion of Mr. Tolman, as follows, to wit (yeas 37 — nays 0):

YEAS.

— 37.

NAYS. — 0

ABSENT OR NOT VOTING.

— 2.

The yeas and nays having been completed at one minute past two o'clock P.M., the bill was passed to be engrossed.
   Sent to the House for concurrence.

The Senate Bill relative to the consumer and merchant protection act (Senate, No. 2195),— was read a third time.
Pending the question on passing the bill to be engrossed, Ms. Jacques and Mr. Rosenberg moved that the bill be amended in section 42, by striking out paragraph (b) and inserting in place thereof the following paragraph:—
"(b) If an automated retail checkout system rings up or charges a price for an item which is more than the lowest price advertised, posted or affixed to the item, the buyer shall notify the seller of the overcharge in person or in writing within 14 days. Within 14 days after notice of the overcharge by the buyer, the seller shall tender to the buyer an amount equal to the amount overcharged for each item, and an additional amount equal to ten times the amount overcharged for each item. Such additional amount shall not be less than $1 or more than $5 for each item; provided, however, that if a buyer is overcharged for two or more units of the same item, the seller shall tender such additional amount for one unit only. Upon such tender the buyer shall be barred from any further recovery for the overcharge."
The amendment was adopted.
The bill (Senate, No. 2195, amended), was then passed to be engrossed.
   Sent to the House for concurrence.

The House Bill relative to fire departments (House, No. 990, amended),— was considered, the main question being on ordering it to a third reading.
The Senate rejected the amendment, previously offered by Mr. Moore, striking out, each time they appear, the words "the Massport" inserted by amendment by the House; and by inserting after the words "public safety" the following words:— "; provided, however, that the firefighting units at the General Edward Lawrence Logan International Airport and the firefighting units at the L. G. Hanscom Air Field shall not be subject to the provisions of this section".
Mr. Moore then moved to amend the bill by inserting, at the end thereof, after the words "certified by the department of public safety", the words:— "provided, however, that nothing in this section shall prevent or preclude the Massachusetts Port Authority from the continuous operations of its airports in accordance with federal law".
The amendment was adopted.
Mr. Tarr moved that the bill be further amended by adding, after the word "private", the words "for-profit". There being no objection, on motion of Mr. Tarr, the amendment was withdrawn.
The bill, as amended, was then ordered to a third reading.

Matter Taken from the Table.

There being no objection, on motion of Mr. Jajuga, the House Bill further regulating the powers of investigators of the Alcoholic Beverages Control Commission (House, No. 1114, amended),— was taken from the table.
Pending the recurring question on ordering the bill to a third reading, on motion of Mr. Jajuga, the bill was referred to the Senate committee on Ways and Means.

Papers from the House
Engrossed Bill.

An engrossed Bill providing employee leave for certain family obligations (see Senate, No. 26) (which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was put upon its final passage.
After remarks, the question on passing the bill to be enacted was determined by a call of the yeas and nays, at ten minutes past two o'clock P.M., on motion of Ms. Walsh, as follows, to wit (yeas 36 — nays 0):

YEAS.

— 36.

NAYS. — 0

Paired.

— 2.

ABSENT OR NOT VOTING.

— 1.

The yeas and nays having been completed at a quarter past two o'clock P.M., the bill was passed to be enacted and it was signed by the President and laid before the Acting Governor for his approbation.

Engrossed Bills — Land Taking for Conservation, Etc.

An engrossed Bill transferring control of a certain parcel of park land in the city of Holyoke (see House, No. 5237) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at sixteen minutes past two o'clock P.M., as follows, to wit (yeas 36 — nays 0):

YEAS.

— 36.

NAYS. — 0

Paired.

— 2.

ABSENT OR NOT VOTING.

— 1.

The yeas and nays having been completed at twenty-two minutes past two o'clock P.M., the bill was passed to be enacted, two-thirds of the members present having agreed to pass the same, and it was signed by the President and laid before the Acting Governor for his approbation.

An engrossed Bill authorizing the town of Nantucket to use certain park land for general municipal purposes (see House, No. 4956) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at twenty-three minutes past two o'clock P.M., as follows, to wit (yeas 36 — nays 0):

YEAS.

— 36.

NAYS. — 0

Paired.

— 2.

ABSENT OR NOT VOTING.

— 1.

The yeas and nays having been completed at twenty-eight minutes past two o'clock P.M., the bill was passed to be enacted, two-thirds of the members present having agreed to pass the same, and it was signed by the President and laid before the Acting Governor for his approbation.

A Bill relative to the eligible list for police service in the city of Boston (House, No. 5429,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Lynch, and the bill was read a second time, ordered to a third reading and read a third time. After remarks, the bill was passed to be engrossed, in concurrence.

Matter Taken Out of the Notice Section of the Calendar.

There being no objection, the following matter was taken out of the notice section of the calendar and considered, as follows:
The Senate Bill relative to the order of certain persons on eligible lists for appointment as a firefighter or police officer (Senate, No. 2087, amended),— was read a third time.
Pending the question on passing the bill to be engrossed, Messrs. Moore, Joyce and Ms. Jacques moved that the bill be amended by substituting a new draft with the same title (Senate, No. 2201).
After remarks, the amendment was adopted.
The question on passing the bill to be engrossed was determined by a call of the yeas and nays, at nineteen minutes before three o'clock P.M., on motion of Mr. Moore, as follows, to wit (yeas 38— nays 0):

YEAS.

— 38.

NAYS. — 0

ABSENT OR NOT VOTING.

— 1.

The yeas and nays having been completed at fourteen minutes before three o'clock P.M., the new draft (Senate, No. 2201) was passed to be engrossed.
   Sent to the House for concurrence.

Papers from the House.

A Bill establishing a certain revolving fund in the town of Southampton (House, No. 5238,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Lynch, 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 Bills.

The following engrossed bills (both 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 President and laid before the Acting Governor for his approbation, to wit:
Authorizing the town of Nantucket to use certain cemetery land for road purposes (see House, No. 4618): and
Changing the name of the town of Gay Head to the town of Aquinnah (see House, No. 4619).

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 5488) of Marie J. Parente and other members of the General Court relative to the licensing and regulation of au pair and nanny agencies by the Office of Child Care Services; and
Petition (accompanied by bill, House, No. 5489) of Marie J. Parente and other members of the General Court relative to the licensing of au pair agencies and further regulating the employment of au pairs;
Severally, under suspension of Joint Rule 12, to the committee on Human Services and Elderly Affairs.

House Order Adopted.

The following House Order (approved by the committees on Rules of the two branches, acting concurrently) was considered forthwith and adopted, in concurrence, to wit:
Ordered, That, notwithstanding the provisions of Joint Rule 10, the committee on the Judiciary be granted until Friday, May 15, 1998, the time within which to make its final report on current House document numbered 2707.

Senate Order Adopted.

Mr. Panagiotakos offered the following order, to wit:
Ordered, That, notwithstanding the provisions of Joint Rule 10, the Joint Committee on Energy be granted until Friday, May 22, 1998, within which time to make its final report on House documents numbered 5416, 5417, 5418, 5419, 5420 and 5442.
The order was considered forthwith, and adopted.
   Sent to the House for concurrence.

House Order Adopted.

The following House Order (approved by the committees on Rules of the two branches, acting concurrently) was considered forthwith and adopted, in concurrence, to wit:
Ordered, That, notwithstanding the provisions of Joint Rule 10, the committee on Public Service be granted until Monday, May 18, 1998, the time within which to make a final report on current House documents numbered 365, 395, 552, 2768 and 5254.

Resolutions.

Resolutions (filed by Mr. Clancy) "honoring Thomas A. McNulty for his dedicated service to the town of Marblehead", 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. Melconian, and adopted.

Resolutions (filed by Ms. Fargo, Mr. Hedlund, Ms. Jacques, Messrs. Joyce, Keating, Morrissey, Ms. Pines and Ms. Walsh) "honoring the nursing staff of the Quincy Mental Health Center", 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. Melconian, and adopted.

Resolutions (filed by Ms. Jacques and Mr. Magnani) "congratulating Walnut Hill School of Natick on being nominated to perform 'A Chorus Line' at the World-Famous Fringe Festival in Edinburgh, Scotland", 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. Melconian, and adopted.

Resolutions (filed by Mr. Keating) "congratulating Rabbi Barry Starr on receiving the Golden Shofar Award", 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. Melconian, and adopted.

Resolutions (filed by Mr. Lynch) "congratulating District Deputy Robert M. 'Bob' Olson for his distinguished service to the Knights of Columbus", 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. Melconian, and adopted.

Resolutions (filed by Mr. Lynch) "honoring the many contributions of William O. Taylor on behalf of the Children of Massachusetts", 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. Melconian, and adopted.

Resolutions (filed by Mr. Pacheco) "congratulating the Old Rochester Regional High School Girl's Varsity Basketball Team on winning the 1997-1998 Massachusetts Interscholastic Athletic Association Division III State Basketball 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. Melconian, and adopted.

Resolutions (filed by Ms. Pines) "recognizing the work of the National Multiple Sclerosis Society during the month of May, 1998", 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. Melconian, and adopted.

Resolutions (filed by Mr. Tolman) "on the retirement of Reverend Vartan Hartunian from the First Armenian Church of Belmont", 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. Melconian, and adopted.

Resolutions (filed by Ms. Wilkerson, Ms. Fargo, Ms. Jacques, Ms. Melconian, Ms. Murray, Ms. Pines and Ms. Walsh) "on the twenty-fifth anniversary of the Program for Women in Politics and Government", 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. Melconian, and adopted.

Papers from the House

A message from His Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to providing for competitive leases by the University of Massachusetts and State Colleges from their building authorities (House, No. 5435),— came from the House with the endorsement that the House had referred the matter to the committee on State Administration. The Senate non-concurred in the reference to the committee on State Administration. On motion of Mr. Antonioni, the matter was referred to the committee on Education, Arts and Humanities.
   Sent to the House for its action.

Order Adopted.

On motion of Mr. Norton,—
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. Lees, at one minute before three o'clock P.M., the Senate adjourned to meet on the following Monday at eleven o'clock A.M.