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

Monday, May 4, 1998.

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

Reports.

Reports of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) relative to inspection of certain correctional facilities in the Commonwealth:
Of MCI-Norfolk in the town of Norfolk (received Wednesday, April 29, 1998);
Of MCI-Shirley Medium Security in the town of Shirley; and
Of the Plymouth County Correctional Facility in the town of Plymouth ;
Were severally read and sent to the House for its information.

Petitions.

Petitions were presented and referred, as follows:
By Mr. Keating (by request), a petition (subject to Joint Rule 12) of Joseph H. Geden for legislation relative to taxation of retirement compensation of certain veterans; and
By the same Senator (by request), a petition (subject to Joint Rule 12) of Thomas Caragliano for legislation relative to the issuance of temporary motor vehicle license plates;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

By Mr. Moore, for the committee on Public Service, on petition (accompanied by bill, Senate, No. 2187), an Order relative to authorizing the joint committee on Public Service to sit during the recess of the General Court for the purpose of making an investigation and study of Senate document numbered 2187, relative to a retirement buy back from the Massachusetts Teachers' Retirement Board (Senate, No. 2202);
Referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

Mr. Berry, for the committee on Steering and Policy, reported that the following matter be placed in the Orders of the Day for the next session:
The House Bill establishing a city or town aid to the elderly and disabled taxation fund (House, No. 4984, amended).

Papers from the House

Bills
Relative to the retirement of Nathan Zoll (House, No. 3906,— on Senate, No. 1206 and House, No. 3906); and
Relative to the equitable taxation of insurance companies (House, No. 5479, amended,— on Senate, No. 1570 and House, No. 1835);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

Bills
Relative to the form of government of the town of Sheffield (House, No. 4679,— on petition) [Local approval received];
Establishing a board of water and sewer commissioners in the town of West Stockbridge (House, No. 4817,— on petition) [Local approval received]; and
Providing for the appointment of a treasurer/collector in the town of Egremont (House, No. 5098,— on petition) [Local approval received];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

A message from His Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to the development of the Route 3 North transportation improvement project (House, No. 5487),— was referred, in concurrence, to the committee on Transportation.

Distinguished Guests.

The President introduced students from the Massachusetts Academy of Mathematics and Sciences in Worcester. The students were accompanied by Mr. James Hamos, the Academy's Executive Director. They were the guests of Senator Bernstein.

Papers from the House.
Appointments.

Notice was received that the Speaker had appointed Representative Malia of Boston to the ninth position, in each instance, on the committees on Counties, Government Regulations and Local Affairs.
Notice was also received that the Speaker had appointed (under the provisions of Section 151 of Chapter 204 of the Acts of 1996) Representatives Ciampa of Somerville and Petersen of Marblehead, and Joan Garrity of Braintree, Ralph Stephanelli of Norton and Kathleen M. Walsh of Pembroke to serve on the Advisory Council on Alzheimer's disease and related matters.

Engrossed Bill Returned to House by Acting Governor with Recommendation of Amendment.

The engrossed Bill relative to counterfeiting (see House, No. 4707, amended),— having been returned to the House by His Honor the Lieutenant-Governor, Acting Governor, in accordance with the provisions of Article LVI of the Amendments to the Constitution, with recommendation of amendment (for message, see House, No. 5461),— came from the House, amended as follows:
By striking out all after the enacting clause and inserting in place thereof the text contained in House document numbered 5480.
The message of His Honor the Lieutenant-Governor, Acting Governor, was read.
The rules were suspended, on motion of Mr. Bernstein, and the matter was considered forthwith.
The President stated that inasmuch as, under the provisions of Article LVI of the Amendments to the Constitution, the bill was "before the General Court subject to amendment and re-enactment", the bill was before the Senate subject to amendment.
The Senate then concurred in the adoption of the House amendment.

Resolutions.

Resolutions (filed by Messrs. Amorello and Bernstein) "congratulating the Worcester Art Museum on the occasion of its centennial", were referred, under the rule, to the committee on Rules.
Subsequently, Mr. Birmingham, 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 Mr. Brewer, and adopted.

Resolutions (filed by Messrs. Brewer, Rosenberg, Magnani, Moore, Morrissey, Nuciforo and Pacheco) "congratulating Stephen B. Oates on the occasion of his retirement after 30 years of distinguished service to the University of Massachusetts at Amherst", were referred, under the rule, to the committee on Rules.
Subsequently, Mr. Birmingham, 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 Mr. Brewer, and adopted.

Resolutions (filed by Ms. Melconian) "honoring Roberta G. Doering as a Paul Harris Fellow by the Agawam Rotary Club", were referred, under the rule, to the committee on Rules.
Subsequently, Mr. Birmingham, 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 Mr. Brewer, and adopted.

Communications.

The Clerk read the following communication:

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

April 30, 1998.

The Honorable Edward B. O'Neill
Clerk of the Senate
State House
Boston, Massachusetts 02133-1053

Dear Mr. O'Neill:

Due to a prior legislative commitment, I was unable to be present when the Senate voted on Senate Bill 2194, An Act placing warning labels on cigars and requiring disclosure of nicotine yield ratings and added constituents. Had I been present, I would have voted in the affirmative on this matter.
I respectfully request that this letter be spread upon the records of the Senate. Thank you for your assistance.

Very truly yours,

ROBERT A. ANTONIONI,
Worcester and Middlesex.

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

The Clerk then read the following communication:

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

May 1, 1998.

The Honorable Edward B. O'Neill
Clerk of the Senate
State House, Room 335
Boston, Massachusetts 02133-1053

Dear Mr. O'Neill:
Due to official legislative business outside of the building on Thursday, April 30, 1998, I was unable to be recorded on the following matters: