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, May 7, 1998.

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

Report.

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.

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.

Reports of a Committee.

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).

Papers from the House

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."

Emergency Preambles Adopted.

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.

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 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.

Bill Recalled from the Acting Governor.

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.

Papers from the House

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.

Engrossed Bills.

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.

Reports of Committees.

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.

Petition.

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.

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.

Recess.

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.

Paper from the House.
Emergency Preamble Adopted.

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.

Order Adopted.

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.