|
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. |
Thursday, May 7, 1998.
Met at three minutes past eleven o'clock A.M.
A report of the Massachusetts Community Development Corporation (under the provisions of Section 137 of Chapter 133 of the Acts of 1992) submitting its annual report on the development, current status and future plans of the Urban Initiative Fund (received Friday, May 1, 1998),— was placed on file.
Petitions were presented and referred, as follows:
By Mr. Lynch, a petition (subject to Joint Rule 12) of Stephen F. Lynch and Steven C.
Panagiotakos for legislation to eliminate an exemption from labor protections in deregulation
law for gas workers;
By the same Senator, a petition (subject to Joint Rule 12) of Stephen F. Lynch, Robert M.
Koczera and Lois G. Pines for legislation relative to limited liability companies;
By Mr. Moore, a petition (subject to Joint Rule 12) of John D. O'Brien, Barry R. Finegold,
Richard T. Moore and Robert L. Hedlund for legislation relative to the group classification of
the Undersecretary of the Executive Office of Public Safety; and
By Mr. Morrissey, a petition (subject to Joint Rule 12) of Michael W. Morrissey, Ronald
Mariano, Michael G. Bellotti and A. Stephen Tobin (with the approval of the mayor and the city
council) for legislation relative to the appointment of Joseph Jackson, Jr., and Thomas F.
Bamberry, Jr., to the fire department of the city of Quincy [Local approval
received];
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting
concurrently.
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 House bills
Prohibiting sex offenders from work release programs (House, No. 2942); and
Relative to false impersonation (House, No. 5147).
Messages were referred, in concurrence, as follows:
Message from His Honor the Lieutenant-Governor, Acting Governor (under Section 8 of Article
LXXXIX of the Amendments to the Constitution), recommending legislation relative to
validating certain action taken at a special town meeting of the town of Oxford (House, No.
5494);
To the committee on Local Affairs;
Message from His Honor the Lieutenant-Governor, Acting Governor,
recommending legislation relative to protecting the Commonwealth from paying excessive
attorneys' fees (House, No. 5331);
To the committee on State Administration.
A Bill providing for the use of certain types of securities in the
financing of the Central Artery Tunnel Project (House, No. 5478,— on House, No. 5432, in
part),— was read.
There being no objection, the rules were suspended, on motion of Mr. Brewer, and the bill
was read a second time, ordered to a third reading, read a third time and passed to be engrossed,
in concurrence, its title having been changed by the committee on Bills in the Third Reading to
read as follows: "An Act providing for the use of certain types of securities in the financing of
the Central Artery/Ted Williams Tunnel Project."
An engrossed Bill providing consumer protection relative to the sale of
insurance by banks (see Senate, No. 1948, amended), having been certified by the Senate Clerk
to be rightly and truly prepared for final passage and containing an emergency preamble,—
was laid before the Senate; and, a separate vote being taken in accordance with the
requirements of Article LXVII of the Amendments to the Constitution, the preamble was
adopted, in concurrence, by a vote of 4 to 0.
The bill was signed by the President and sent to the House for enactment.
An engrossed Bill relative to the conveyance of a certain parcel of land
in the city of Lowell (see House, No. 3131, amended), having been certified by the Senate Clerk
to be rightly and truly prepared for final passage and containing an emergency
preamble,— was laid before the Senate; and, a separate vote being taken in accordance
with the requirements of Article LXVII of the Amendments to the Constitution, the preamble
was adopted, in concurrence, by a vote of 4 to 0.
The bill was signed by the President and sent to the House for enactment.
There being no objection, the following matters were taken out of the
Orders of the Day and considered, as follows:
The House Bill establishing a board of water and sewer commissioners in the town of West
Stockbridge (House, No. 4817),— was read a second time, ordered to a third reading,
read a third time and passed to be engrossed, in concurrence.
The House Bill providing for the appointment of a treasurer/collector in the town of Egremont (House, No. 5098) ,— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.
The House Bill relative to the form of government of the town of Sheffield (House, No. 4679),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.
On motion of Mr. Bernstein, it was voted that a messenger be
appointed to wait upon His Honor the Lieutenant-Governor, Acting Governor, requesting the
return to the Senate of the engrossed Bill authorizing the town of Nantucket to use certain
cemetery land for road purposes (see House, No. 4618).
Mr. Bernstein was appointed the messenger. Subsequently, the bill was returned to the
Senate.
A Bill relative to the conveyance of certain conservation lands in the
town of Carver for airport purposes (House, No. 4905,— on petition),— was
read.
There being no objection, the rules were suspended, on motion of Mr. Moore, and the bill
was read a second time, ordered to a third reading, read a third time and passed to be engrossed,
in concurrence.
The following engrossed bills (all 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:
Relative to the practice of acupuncture (see House, No. 4642);
Relative to the traffic commission of the city of Waltham (see House, No. 4865);
Relative to the annual observance of Robert Goddard Day (see House, No. 4895);
Authorizing the town of Westport to reimburse certain tax payments (see House, No.
5164);
Establishing a certain revolving fund in the town of Southampton (see House, No. 5238);
and
Relative to the eligible list for police service in the city of Boston (see House, No. 5429);
An engrossed Bill relative to counterfeiting (see House, No. 4707, amended) (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 re-enacted and was signed by the President and again laid before
the Acting Governor for his approbation.
Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 5508) of Brian Knuuttila and other members of the
General Court (by vote of the town) that the town of Ashby be authorized to continue the
employment of Elmer S. Fitzgerald, Jr., as fire chief in said town;
To the committee on Public Service.
Petition (accompanied by bill, House, No. 5509) of John F. Quinn and
other members of the General Court relative to tax credits for the cost of construction or repair
of septic systems in order to meet the requirements of Title V, so-called;
Under suspension of Joint Rule 12, to the committee on Taxation.
By Mr. Rosenberg, for the committees on Rules of the two branches,
acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Henri S.
Rauschenbach, Stephen F. Lynch, Daniel E. Bosley, Robert E. Travaglini and Brian P. Lees for
legislation relative to the Massachusetts Film Office.
Senate Rule 36 was suspended, on motion of Mr. Tisei, and the report was considered
forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to
the committee on Commerce and Labor.
By Mr. Rosenberg, for the committees on Rules of the two branches,
acting concurrently, that Joint Rule 12 be suspended on the Senate petition 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.
Senate Rule 36 was suspended, on motion of Mr. Tisei, and the report was considered
forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to
the committee on Criminal Justice.
By Mr. Rosenberg, for the committees on Rules of the two branches,
acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Michael W.
Morrissey for legislation to authorize public accountants to be deemed certified public
accountants.
Senate Rule 36 was suspended, on motion of Mr. Tisei, and the report was considered
forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to
the committee on Government Regulations.
By Mr. Rosenberg, for the committees on Rules of the two branches,
acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Michael W.
Morrissey, Edward J. Clancy, Jr., Matthew J. Amorello and Brian A. Joyce for legislation
relative to the retirement of certain members of the Massachusetts Port Authority Police.
Senate Rule 36 was suspended, on motion of Mr. Tisei, and the report was considered
forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to
the committee on Public Service.
Severally sent to the House for concurrence.
On motion of Mr. Moore, Senate Rule 20 and Joint Rule 12 were
suspended on the petition, presented by Mr. Morrissey (accompanied by bill) of Michael W.
Morrissey and A. Stephen Tobin for legislation to establish a sick leave bank for John B. Kelly,
Jr., an employee of the Norfolk Sheriff's Department,— and the same was referred to
the committee on Public Service.
Sent to the House for concurrence.
Resolutions (filed by Mr. Antonioni) "honoring Robert W. Antonucci",
were referred, under the rule, to the committee on Rules.
Subsequently, Mr. Tisei, 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. Bernstein, and adopted.
Resolutions (filed by Mr. Moore) "congratulating Jonathan P. Trotta of
Boy Scout Troop 1 in Mendon upon his elevation to the rank of Eagle Scout", were referred,
under the rule, to the committee on Rules.
Subsequently, Mr. Tisei, 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. Bernstein, and adopted.
Resolutions (filed by Mr. Morrissey) "congratulating C. Michael
Hickey upon his retirement from the United States Postal Service", were referred, under the rule,
to the committee on Rules.
Subsequently, Mr. Tisei, 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. Bernstein, and adopted.
Resolutions (filed by Ms. Walsh) "congratulating Michael T. Dunphy
upon the occasion of his elevation to the rank of Eagle Scout", were referred, under the rule, to
the committee on Rules.
Subsequently, Mr. Tisei, 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. Bernstein, and adopted.
Resolutions (filed by Ms. Walsh) "congratulating R. Paul O'Keefe, Jr.,
on the occasion of his Court of Honor", were referred, under the rule, to the committee on
Rules.
Subsequently, Mr. Tisei, 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. Bernstein, and adopted.
At fifteen minutes past eleven o'clock A.M., the President declared a recess subject to the call of the Chair; and, at twenty-six minutes past twelve o'clock noon, the Senate reassembled, the President in the Chair.
An engrossed Bill providing for the use of certain types of securities in
the financing of the Central Artery/Ted Williams Tunnel project (see House, No. 5478,
amended), having been certified by the Senate Clerk to be rightly and truly prepared for final
passage and containing an emergency preamble,— was laid before the Senate; and, a
separate vote being taken in accordance with the requirements of Article LXVII of the
Amendments to the Constitution, the preamble was adopted, in concurrence, by a vote of 3 to
0.
The bill was signed by the President and sent to the House for enactment.
On motion of Ms. Murray,—
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. Tisei, at twenty-eight minutes past twelve o'clock noon, the Senate adjourned to meet on the following Monday at eleven o'clock A.M.