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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. |
Monday, May 4, 1998.
Met at three minutes past eleven o'clock A.M.
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 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.
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).
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.
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.
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.
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 (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.
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:
Sincerely,
MARC R. PACHECO,
State Senator.
On motion of Ms. Fargo, the above statement was ordered printed in the Journal of the Senate.
Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 5491) of James E. Vallee, Marie J. Parente and
Richard T. Moore (by vote of the town) that the town of Bellingham be authorized to establish a
town common trustees committee;
To the committee on Local Affairs.
Petition (accompanied by bill, House, No. 5492) of John F. Merrigan
and Stanley C. Rosenberg (with the approval of the town council) that the town of Greenfield be
authorized to pay a certain accidental death benefit to Amy Creigle, the surviving spouse of fire
fighter Kenneth J. Creigle;
To the committee on Public Service.
Petition (accompanied by bill, House, No. 5490) of Shirley Gomes and
Henri S. Rauschenbach (by vote of the town) relative to the determination of the valuation of
property destroyed by fire in the town of Provincetown for the purpose of granting tax
abatements in said town; and
Petition (accompanied by bill, House, No. 5493) of Shirley Gomes and Henri S. Rauschenbach
(by vote of the town) relative to the distribution of the local room occupancy excise tax in the
town of Provincetown;
Severally to the committee on Taxation.
Petition (accompanied by bill, House, No. 5496) of Brian Knuuttila,
Robert A. Antonioni and another relative to authorizing the abatement of certain motor vehicle
sales taxes paid by Jeanne Gabis of the city of Gardner; and
Petition (accompanied by bill, House, No. 5497) of Brian Knuuttila, Robert A. Antonioni, Mary
Jane Simmons, Emile J. Goguen and Martin J. Walsh for legislation to exempt unemployment
benefits from the income tax;
Severally, under suspension of Joint Rule 12, to the committee on Taxation.
There being no objection, the following matter was taken out of the
Orders of the Day and considered, as follows:
The House Bill authorizing the town of Westport to reimburse certain tax payments (House, No.
5164),— was read a third time and passed to be engrossed, in concurrence.
The Senate Order 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,—
came from the House adopted, in concurrence, with an amendment striking out in line 2, the
date: "April 29" and inserting in place thereof the date: "May 13".
The Senate concurred in adoption of the House amendment. The order, as amended, was
then adopted.
On motion of Ms. Melconian,—
Ordered, That when the Senate adjourns today, it adjourn to meet again on Thursday
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. Knapik, at ten minutes past eleven o'clock A.M., the Senate adjourned to meet on the following Thursday at eleven o'clock A.M.