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 18, 1998.

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

Reports.

A report of the Division of Employment and Training (under the provisions of Chapter 233 of the Acts of 1983) submitting its quarterly report on the condition of the Commonwealth's Unemployment Insurance Trust Fund (received Friday, April 24, 1998),— was placed on file.

A report 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 the Stephen French Youth Forestry Camp (received Friday, May 8, 1998),— was read and sent to the House for its information.

Communications.

A communication from James A. Hartnett, Jr., Personnel Administrator, Human Resources Division, Executive Office for Administration and Finance (under the provisions of Section 25 of Chapter 31 of the General Laws) submitting a listing of revoked police chief series eligible lists (received Thursday, May 7, 1998),— was placed on file.

A communication from Senator Richard R. Tisei, in compliance with Massachusetts General Laws, Chapter 268A (received on Thurs day, May 14, 1998),— was placed on file.

Reports of Committees.

Under the provisions of Joint Rule 23, the following proposal was placed on file, the time within which the said committee was required to report having expired:—
Of the committee on Election Laws, ought NOT to pass (under Joint Rule 23), on the petition (accompanied by proposal, House, No. 5248) of Jay R. Kaufman, other members of the General Court and another for a legislative amendment to the Constitution relative to the filling of vacancies in the offices of Governor or Lieutenant-Governor.
By Mr. Rosenberg, for the committee on Ways and Means, that the House Bill relative to the taxation of certain retirement accounts (House, No. 5374), ought to pass, with amendments:
Striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2216;
Striking out the title and inserting in place thereof the following title: "An Act reducing taxes on certain retirement accounts, student loans and other transactions."; and by inserting before the enacting clause the following emergency preamble:
"Whereas, The deferred operation of this act would tend to defeat its purpose, which is in part to provide funds in fiscal year 1998 forthwith to reduce calendar year 1998 taxes, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience."
There being no objection, the rules were suspended, on motion of Ms. Fargo, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means. The bill, as amended, was then ordered to a third reading.

By Mr. Rosenberg, for the committee on Ways and Means, that the House Bill relative to earned income, investment income and capital gains (House, No. 5380), ought to pass, with amendments:
Striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2217;
Striking out the title and inserting in place thereof the following title: "An Act reducing income taxes for the people of the common wealth."; and by inserting before the enacting clause the following emergency preamble:
"Whereas, The deferred operation of this act would tend to defeat its purpose, which is in part to provide funds in fiscal year 1998 forthwith to reduce calendar year 1998 income taxes for the people of the commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience."
There being no objection, the rules were suspended, on motion of Mr. Bernstein, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means. The bill, as amended, was then ordered to a third reading.

Resolutions.

Resolutions (filed by Ms. Fargo) "commending the town of Wayland upon attaining the highest recycling rate in the state for the fourth consecutive year", 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 Mr. Clancy, and adopted.

Resolutions (filed by Mr. Lees) "honoring Rita Coppola for her dedicated service to the City of Springfield's Park Department in the restoration of the Barney Estate at Forest Park", 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 Mr. Clancy, and adopted.

Resolutions (filed by Mr. Morrissey) "congratulating Granite City Electric Supply Company on the occasion of the seventy-fifth anniversary of its founding", 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 Mr. Clancy, and adopted.

Resolutions (filed by Mr. Pacheco) "on the retirement of Judge Andrew J. Dooley", 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 Mr. Clancy, and adopted.

Resolutions (filed by Ms. Walsh and Ms. Pines) "congratulating Judge Maurice H. Richardson on the occasion of his retirement", 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 Mr. Clancy, and adopted.

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 for legislation to allow the inspection of the answer sheets of the entire civil service exam,— and the same was referred to the committee on Public Service.
   Sent to the House for concurrence.

Papers from the House.

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 5515) of Joseph R. Gallitano, Thomas J. O'Brien and Therese Murray (by vote of the town) that the town of Plymouth be authorized to establish a special reserve fund to offset the effects resulting from the deregulation of the electric utility industry;
To the committee on Local Affairs.

Petition (accompanied by bill, House, No. 5516) of Kevin W. Fitzgerald and Marian Walsh (with the approval of the mayor and city council) that the retirement board of the city of Boston be authorized to grant a disability retirement pension to Carl W. Johnson, a fire fighter of said city injured in the line of duty;
Petition (accompanied by bill, House, No. 5517) of Mary Jeanette Murray and Robert L. Hedlund (by vote of the town) that the town of Hingham be authorized to establish a cost of living adjustment fund for retired employees of said town; and
Petition (accompanied by bill, House, No. 5518) of Angelo M. Scaccia and other members of the General Court (with the approval of the mayor and city council) relative to the certification of certain provisional employees in the city of Boston as permanent employees;
Severally to the committee on Public Service.

Petition (accompanied by bill, House, No. 5526) of Kathleen M. Teahan and another relative to the order of placement on the civil service eligibility list of the children of Donna L. Bourget, an injured police officer in the town of Stoughton;
Under suspension of Joint Rule 12, to the committee on Public Service.

Report of Committees.

By Mr. Norton, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Brian A. Joyce for legislation to make a certain appropriation for fiscal year 1998 relative to a certain project in the town of Milton.
Senate Rule 36 was suspended, on motion of Ms. Melconian, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Natural Resources and Agriculture.
   Sent to the House for concurrence.

Communication.

The Clerk read the following communication:

COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS SENATE
STATE HOUSE, BOSTON 02133
May 18, 1998.

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

Dear Mr. Clerk:

Due to a prior commitment, I was unable to be present in the Senate Chamber on Thursday, May 14, 1998 where I would have voted to:

• engross Senate, No. 2209: An Act providing for the distribution of information to certain parents of children enrolled in elementary and secondary schools; • engross Senate, No. 2214: An Act relative to reverse mortgage loans; • engross House, No. 5199: An Act establishing a commission on the status of women; • engross Senate, No. 2215: Act further regulating junior operator's licenses. I would have further voted to: • enact House, No. 5478: An Act providing for the use of certain types of securities in the financing of the Central Artery/Ted Williams Tunnel project; • override the Governor's veto of Senate, No. 623: An Act regulating set off mutual debts and credits involving an insolvent insurer. Thank you for your continued assistance.

Sincerely,

THOMAS C. NORTON,
Majority Leader.

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

Order Adopted.

Ms. Melconian offered the following order, to wit:
Ordered, That, when the Senate adjourns today, it adjourn to meet tomorrow at one o'clock P.M.; and that, notwithstanding the provisions of any rule to the contrary, full consideration shall be allowed by the Senate on Tuesday, May 19, on House Bill, No. 5374, a "Bill relative to the taxation of Roth Individual Retirement Accounts, so-called, and Education Individual Retirement Accounts", and on House Bill, No. 5380, a "Bill relative to earned income, investment income and capital gains." All amendments, offered by members, shall be third reading amendments and shall be filed in the Office of the Clerk of the Senate no later than Tuesday, May 19, at eleven o'clock A.M.
The order was considered forthwith; and, there being no objection, it was adopted.



Adjournment in memory of Thomas Edward Kitchen.

Mr. Norton moved that when the Senate adjourns today, it adjourn in memory of Mr. Thomas Edward Kitchen of Fall River. Mr. Kitchen was a member of the General Court from 1951-1960 and recently retired as Clerk-Magistrate of the Fall River District Court. This motion prevailed.
Accordingly, as a mark of respect to the memory of Mr. Thomas Edward Kitchen, at eighteen minutes past eleven o'clock A.M., on motion of Mr. Tisei, the Senate adjourned to meet on the following day at one o'clock P.M.