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

Tuesday, May 26, 1998.

Met at seventeen minutes before two o'clock P.M.

Reports.

A report of the Division of Employment and Training (under the provisions of Chapter 233 of the Acts of 1983) submitting a corrected version of the quarterly report on the Commonwealth's Unemployment Insurance Trust Fund (received Thursday, May 14, 1998),— was placed on file.

A report of the Massachusetts State Lottery Commission (under the provisions of Section 24 of Chapter 10 of the General Laws) submitting its consolidated statement of operations for the lottery and arts lottery funds for the month of March 1998 (received Tues day, May 26, 1998),— was read and sent to the House for its information.

Petition.

Mr. Nuciforo presented a petition (subject to Joint Rule 12) of Andrea F. Nuciforo, Jr., and Peter J. Larkin for legislation to authorize and direct the reinstatement of William Reichert as a member in service in the Teachers' Retirement System,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

By Ms. Fargo, for the committee on Local Affairs, on petition, a Bill relative to the operation of the Ipswich system of sewers (Senate, No. 2212) [Local approval received];
Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

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 Senate bills
Relative to the refusal to reissue a credit card (Senate, No. 2169); and
Validating the action taken at the annual town meeting of the town of Brookline (printed in Senate, No. 2198).

Papers from the House

A Bill banning the public distribution of free smoking or tobacco products for commercial purposes (House, No. 882, amended,— on House, Nos. 882 and 2247),— was read and, under Senate Rule 26, referred to the committee on Steering and Policy.

A message from His Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to the minimum wage (House, No. 5533),— was referred, in concurrence, to the committee on Commerce and Labor.

Orders of the Day.

The Orders of the Day were considered, as follows:
The Senate Bill authorizing the release of certain easements in the city of Worcester (Senate, No. 2200),— was read a second time and ordered to a third reading.

The House bills
Relative to the charter of the town of Provincetown (House, No. 4520);
Authorizing and directing the Department of Revenue to refund a certain overpayment (House, No. 3572, changed); and
Further regulating board meetings by banks (House, No. 1875, changed and amended);
Were severally read a third time and passed to be engrossed, in concurrence.

The House Bill relative to elected officials in the town of Seekonk (House, No. 4521),— was read a third time and passed to be engrossed, in concurrence.

The Senate Bill reducing unemployment insurance rates and providing for workforce training (Senate, No. 2222),— was read a third time.
Pending the question on passing the bill to be engrossed, Mr. Lynch moved to amend the bill by adding the following section:—
"SECTION 5. There is hereby established and set up on the books of the commonwealth a special commission to study the solvency of the Unemployment Compensation Fund. Said special commission shall examine employer schedules, taxable wage base and similar issues related to the solvency of said fund. Said special commission shall consist of three members of the senate, one of whom shall be the senate chairman of the joint committee on commerce and labor and one of whom shall be from the minority party, three members of the house of representatives, one of whom shall be the house chairman of the joint committee on commerce and labor and one of whom shall be from the minority party, the director of labor and workforce development, or his designee, the deputy director of the division of employment and training, or his designee, three persons to be appointed by the governor from nominations submitted by the president of the Massachusetts AFL-CIO, one person to be appointed by the governor representing the Associated Industries of Massachusetts, one person to be appointed by governor representing the Massachusetts Business Roundtable and one person to be appointed by the governor representing small businesses. Said special commission shall report, in writing, the results of said study together with its recommendations, if any, and drafts of legislation, if any, necessary to carry out such recommendations, by filing the same with the senate and house committees on ways and means and the joint committee on commerce and labor not later than May 1, 1999."
After remarks, the amendment was adopted.
Messrs. Tolman and Lees moved to further amend the bill by inserting after section 1 the following two sections:
"SECTION 1A. Section 31A of chapter 63 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 189, the words, 'July first, nineteen hundred and ninety-nine' and inserting in place thereof the following words:— 'July 1, 2002.'
SECTION 1B. Said section 31A of said chapter 63, is hereby further amended by striking out, in line 193, the words 'July first, nineteen hundred and ninety-nine' and inserting in place thereof the following words:— 'July 1, 2002';" and by inserting after section 5 (inserted by amendment) the following section:
"SECTION 5A. Notwithstanding the provisions of any general or special law to the contrary, the department of revenue shall review the effectiveness of the investment tax credit. Said investigation shall include, but not be limited to, the static and dynamic revenue loss, the increases in capital investment, the number of jobs created and the fiscal cost per job directly resulting from the increased investment tax credit.
Said department may amend forms to require corporations availing themselves of the investment tax credit to provide information with respect to capital investment, job creation and such other information as is necessary to conduct its analysis. Such information shall be considered confidential pursuant to the provisions of section twenty-one of chapter sixty-two C. The department of revenue shall use data from all tax years beginning on or after 1993 and up to the most recent tax year for which such information is available in conducting its analysis and shall report its findings to the joint committee on taxation by June first, two thousand and one.".
After debate, the question on adoption of the amendment was determined by a call of the yeas and nays, at two minutes past two o'clock P.M., on motion of Mr. Lees, as follows, to wit (yeas 37 — nays 0):

YEAS.
Amorello, Matthew J. Havern, Robert A.
Antonioni, Robert A. Hedlund, Robert L.
Bernstein, Robert A. Jacques, Cheryl A.
Berry, Frederick E. Jajuga, James P.
Brewer, Stephen M. Joyce, Brian A.
Clancy, Edward J., Jr. Knapik, Michael R.
Creedon, Robert S., Jr. Lees, Brian P.
Durand, Robert A. Lynch, Stephen F.
Fargo, Susan C. Magnani, David P.
Melconian, Linda J. Rauschenbach, Henri S.
Moore, Richard T. Rosenberg, Stanley C.
Morrissey, Michael W. Shannon, Charles E.
Murray, Therese Tarr, Bruce E.
Norton, Thomas C. Tisei, Richard R.
Nuciforo, Andrea F., Jr. Tolman, Warren E.
O'Brien, John D. Travaglini, Robert E.
Pacheco, Marc R. Walsh, Marian
Panagiotakos, Steven C. Wilkerson, Dianne
Pines, Lois G.

— 37.

NAYS. — 0

PAIRED.
YEA. NAY.
Mark C. Montigny, William R. Keating (present)

— 2.

The yeas and nays having been completed at eight minutes past two o'clock P.M., the amendment was adopted.
Mr. Bernstein moved to amend the bill by inserting after section 1 the following two sections:—
"SECTION 1A. Section 1H of chapter 69 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by adding the following two paragraphs:—
The board of education shall grant certification to teachers of adult education who possess such qualifications as prescribed by said board. The board shall define standards and competencies commensurate with attainment and renewal of such certificates not later than September 1, 1999. The commissioner of education shall have authority to grant, upon application, adult education certificates which shall be valid for five years to teachers of adult education who possess qualifications prescribed by the board of education. Each education certificate shall be renewable every five years thereafter upon successful completion of an individual professional development plan that meets standards established by said board. Said board shall establish policies and guidelines for approval for fulfilling the professional development requirement. Nothing herein shall be construed to require certification of teachers of adult education. A certificate issued by the commissioner may be revoked for cause, pursuant to standards and procedures established by the board. Said board shall have the authority to promulgate, amend and rescind such rules or regulations as may be necessary to carry out the provisions of this section.;
SECTION 1B. Section 38G of chapter 71 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:
The requirements of this section shall not apply to the certification of teachers of adult education. Nothing in this section or section 1H of chapter 69 shall be deemed to prohibit a school committee from employing a teacher certified under this section to teach adult education."
The amendment was rejected.
Messrs. Lees, Lynch and Tarr moved to amend the bill by adding the following section:—
"SECTION 6. Sections 1 and 2 shall cease to be effective on December 31, 2002."
After remarks, the question on adoption of the amendment was determined by a call of the yeas and nays, at twelve minutes past two o'clock P.M., on motion of Mr. Lees, as follows, to wit (yeas 38 — nays 0):

YEAS.
Amorello, Matthew J. Melconian, Linda J.
Antonioni, Robert A. Moore, Richard T.
Bernstein, Robert A. Morrissey, Michael W.
Berry, Frederick E. Murray, Therese
Brewer, Stephen M. Norton, Thomas C.
Clancy, Edward J., Jr. Nuciforo, Andrea F., Jr.
Creedon, Robert S., Jr. O'Brien, John D.
Durand, Robert A. Pacheco, Marc R.
Fargo, Susan C. Panagiotakos, Steven C.
Havern, Robert A. Pines, Lois G.
Hedlund, Robert L. Rauschenbach, Henri S.
Jacques, Cheryl A. Rosenberg, Stanley C.
Jajuga, James P. Shannon, Charles E.
Joyce, Brian A. Tarr, Bruce E.
Keating, William R. Tisei, Richard R.
Knapik, Michael R. Tolman, Warren E.
Lees, Brian P. Travaglini, Robert E.
Lynch, Stephen F. Walsh, Marian
Magnani, David P. Wilkerson, Dianne

— 38.

NAYS. — 0

ABSENT OR NOT VOTING.
Montigny, Mark C.

— 1.

The yeas and nays having been completed at seventeen minutes past two o'clock P.M., the amendment was adopted.
An amendment, previously presented by Mr. Montigny, that the bill be further amended in section 1, by inserting after the word "board", in line 34, the following words:— "; provided, however, that sufficient funds shall be provided to such boards for the purposes of updating the workforce development blueprint", — was considered; and it was rejected.
An amendment, previously presented by Mr. Montigny, that the bill be further amended in section 1, by inserting after the word "development", in line 12, the following words:— "and the local regional employment boards for review and approval",— was considered; and it was rejected.
An amendment, previously presented by Mr. Montigny, that the bill be further amended in section 1, by inserting after the word "workers", in line 25, the following words:— "; provided, however, that preference shall be given to certain areas of substantial unemployment as defined by the Job Training Partnership Act",— was considered; and it was rejected.
After remarks, the question on passing the bill to be engrossed was determined by a call of the yeas and nays, at nineteen minutes before three o'clock P.M., on motion of Mr. Lynch, as follows, to wit (yeas 38 — nays 0):

YEAS.
Amorello, Matthew J. Melconian, Linda J.
Antonioni, Robert A. Moore, Richard T.
Bernstein, Robert A. Morrissey, Michael W.
Berry, Frederick E. Murray, Therese
Brewer, Stephen M. Norton, Thomas C.
Clancy, Edward J., Jr. Nuciforo, Andrea F., Jr.
Creedon, Robert S., Jr. O'Brien, John D.
Durand, Robert A. Pacheco, Marc R.
Fargo, Susan C. Panagiotakos, Steven C.
Havern, Robert A. Pines, Lois G.
Hedlund, Robert L. Rauschenbach, Henri S.
Jacques, Cheryl A. Rosenberg, Stanley C.
Jajuga, James P. Shannon, Charles E.
Joyce, Brian A. Tarr, Bruce E.
Keating, William R. Tisei, Richard R.
Knapik, Michael R. Tolman, Warren E.
Lees, Brian P. Travaglini, Robert E.
Lynch, Stephen F. Walsh, Marian
Magnani, David P. Wilkerson, Dianne

— 38.

NAYS. — 0

ABSENT OR NOT VOTING.
Montigny, Mark C.

— 1.

The yeas and nays having been completed at fifteen minutes before three o'clock P.M., the bill (Senate, No. 2224, printed as amended) was passed to be engrossed.
   Sent to the House for concurrence.

Papers from the House.
Engrossed Bills — Land Taking for Conservation, Etc.

An engrossed Bill authorizing the town of North Attleborough to make certain conveyances of forest land (see House, No. 5224, amended) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution, the question on passing it to be re-enacted was determined by a call of the yeas and nays, at fourteen minutes before three o'clock P.M., as follows, to wit (yeas 38 — nays 0):

YEAS.
Amorello, Matthew J. Melconian, Linda J.
Antonioni, Robert A. Moore, Richard T.
Bernstein, Robert A. Morrissey, Michael W.
Berry, Frederick E. Murray, Therese
Brewer, Stephen M. Norton, Thomas C.
Clancy, Edward J., Jr. Nuciforo, Andrea F., Jr.
Creedon, Robert S., Jr. O'Brien, John D.
Durand, Robert A. Pacheco, Marc R.
Fargo, Susan C. Panagiotakos, Steven C.
Havern, Robert A. Pines, Lois G.
Hedlund, Robert L. Rauschenbach, Henri S.
Jacques, Cheryl A. Rosenberg, Stanley C.
Jajuga, James P. Shannon, Charles E.
Joyce, Brian A. Tarr, Bruce E.
Keating, William R. Tisei, Richard R.
Knapik, Michael R. Tolman, Warren E.
Lees, Brian P. Travaglini, Robert E.
Lynch, Stephen F. Walsh, Marian
Magnani, David P. Wilkerson, Dianne

— 38.

NAYS. — 0

ABSENT OR NOT VOTING.
Montigny, Mark C.

— 1.

Ms. Melconian in the Chair, the yeas and nays having been completed at eleven minutes before three o'clock P.M., the bill was passed to be re-enacted, two-thirds of the members present having agreed to pass the same, and it was signed by the President and again laid before the Acting Governor for his approbation.

An engrossed Bill authorizing the Division of Capital Planning and Operations to enter into a lease of certain property with the town of Chelmsford (see House, No. 5340, amended) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at ten minutes before three o'clock P.M., as follows, to wit (yeas 38 — nays 0):

YEAS.
Amorello, Matthew J. Clancy, Edward J., Jr.
Antonioni, Robert A. Creedon, Robert S., Jr.
Bernstein, Robert A. Durand, Robert A.
Berry, Frederick E. Fargo, Susan C.
Brewer, Stephen M. Havern, Robert A.
Hedlund, Robert L. Nuciforo, Andrea F., Jr.
Jacques, Cheryl A. O'Brien, John D.
Jajuga, James P. Pacheco, Marc R.
Joyce, Brian A. Panagiotakos, Steven C.
Keating, William R. Pines, Lois G.
Knapik, Michael R. Rauschenbach, Henri S.
Lees, Brian P. Rosenberg, Stanley C.
Lynch, Stephen F. Shannon, Charles E.
Magnani, David P. Tarr, Bruce E.
Melconian, Linda J. Tisei, Richard R.
Moore, Richard T. Tolman, Warren E.
Morrissey, Michael W. Travaglini, Robert E.
Murray, Therese Walsh, Marian
Norton, Thomas C. Wilkerson, Dianne

— 38.

NAYS. — 0

ABSENT OR NOT VOTING.
Montigny, Mark C.

— 1.

The yeas and nays having been completed at seven minutes before three o'clock P.M., the bill was passed to be enacted, two-thirds of the members present having agreed to pass the same, and it was signed by the President and laid before the Acting Governor for his approbation.

An engrossed Bill relative to the conveyance of certain conservation lands in the town of Carver for airport purposes (see House, No. 4905) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at six minutes before three o'clock P.M., as follows, to wit (yeas 38 — nays 0):

YEAS.
Amorello, Matthew J. Keating, William R.
Antonioni, Robert A. Knapik, Michael R.
Bernstein, Robert A. Lees, Brian P.
Berry, Frederick E. Lynch, Stephen F.
Brewer, Stephen M. Magnani, David P.
Clancy, Edward J., Jr. Melconian, Linda J.
Creedon, Robert S., Jr. Moore, Richard T.
Durand, Robert A. Morrissey, Michael W.
Fargo, Susan C. Murray, Therese
Havern, Robert A. Norton, Thomas C.
Hedlund, Robert L. Nuciforo, Andrea F., Jr.
Jacques, Cheryl A. O'Brien, John D.
Jajuga, James P. Pacheco, Marc R.
Joyce, Brian A. Panagiotakos, Steven C.
Pines, Lois G. Tisei, Richard R.
Rauschenbach, Henri S. Tolman, Warren E.
Rosenberg, Stanley C. Travaglini, Robert E.
Shannon, Charles E. Walsh, Marian
Tarr, Bruce E. Wilkerson, Dianne

— 38.

NAYS. — 0

ABSENT OR NOT VOTING.
Montigny, Mark C.

— 1.

The yeas and nays having been completed at three minutes before three o'clock P.M., the bill was passed to be enacted, two-thirds of the members present having agreed to pass the same, and it was signed by the President and laid before the Acting Governor for his approbation.

An engrossed Bill authorizing certain conveyances in the town of Wilbraham (see Senate, No. 2196) (which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at two minutes before three o'clock P.M., as follows, to wit (yeas 38 — nays 0):

YEAS.
Amorello, Matthew J. Melconian, Linda J.
Antonioni, Robert A. Moore, Richard T.
Bernstein, Robert A. Morrissey, Michael W.
Berry, Frederick E. Murray, Therese
Brewer, Stephen M. Norton, Thomas C.
Clancy, Edward J., Jr. Nuciforo, Andrea F., Jr.
Creedon, Robert S., Jr. O'Brien, John D.
Durand, Robert A. Pacheco, Marc R.
Fargo, Susan C. Panagiotakos, Steven C.
Havern, Robert A. Pines, Lois G.
Hedlund, Robert L. Rauschenbach, Henri S.
Jacques, Cheryl A. Rosenberg, Stanley C.
Jajuga, James P. Shannon, Charles E.
Joyce, Brian A. Tarr, Bruce E.
Keating, William R. Tisei, Richard R.
Knapik, Michael R. Tolman, Warren E.
Lees, Brian P. Travaglini, Robert E.
Lynch, Stephen F. Walsh, Marian
Magnani, David P. Wilkerson, Dianne

— 38.

NAYS. — 0

ABSENT OR NOT VOTING.
Montigny, Mark C.

— 1.

The yeas and nays having been completed at one minute past three o'clock P.M., the bill was passed to be enacted, two-thirds of the members present having agreed to pass the same, and it was signed by the President and laid before the Acting Governor for his approbation.

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 Robert A. Havern for legislation to authorize and direct the Teachers Retirement Board to recalculate the pension allowance of a certain former employee of the Arlington public school system.
Senate Rule 36 was suspended, on motion of Mr. Jajuga, 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.
   Sent to the House for concurrence.

Papers from the House.
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 construction of certain dwellings in the town of Wilmington (see House Bill, printed as Senate, No. 992, amended);
Authorizing the town of Arlington establish a special fund for the payment of costs relative to school renovation projects (see House, No. 5159);
Relative to the membership of the conservation commission of the town of Falmouth (see House, No. 5193); and
Designating a certain bridge located in the town of Natick as the Veterans' Memorial Bridge (see House, No. 5257).

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 5540) of William F. Galvin and Arthur J. Broadhurst relative to information contained in the central voter registry;
Under suspension of Joint Rule 12, to the committee on Election Laws.

Petition (accompanied by bill, House, No. 5541) of Arthur J. Broadhurst relative to reviving and continuing the special commission (including members of the General Court) established to make an investigation and study of alternatives for the annual listing of residents;
Under suspension of Joint Rule 12, to the committees on Rules of the two branches, acting concurrently.

Resolutions.

Resolutions (filed by Mr. Birmingham) "upon the retirement of Dorothy L. Maguire", 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 Ms. Fargo, and adopted.

Resolutions (filed by Mr. Brewer) "in recognition of the town of Northfield's centennial celebration of the Dickinson Memorial Library", 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 Ms. Fargo, and adopted.

Resolutions (filed by Mr. Pacheco) "on the retirement of Gilbert F. Alegi", 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 Ms. Fargo, and adopted.

Communication.

The President having taken the Chair,— the Clerk read the following communication:

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

May 26, 1998.

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

Dear Mr. O'Neill:

I was unable to be in attendance in the Senate this afternoon, May 26, 1998. I was unavailable due to a death in my family.
I was unable to vote on the question of engrossing Senate, No. 2222, an act reducing unemployment insurance rates and providing for workforce training. Had I been present today, I would have voted in the affirmative on this matter. I would have also voted in the affirmative on Senator Lees' amendment number five to this bill.
I would have also voted in the affirmative on the following land takings: Senate 2196, an act relative to the town of Wilbraham; House 4905, an act relative to the town of Carver; House 5224, an act relative to the town of North Attleboro; and House 5340, an act relative to the town of Chelmsford.
Thank you for your consideration of this correspondence.

Sincerely,

MARK C. MONTIGNY,
Senator.

On motion of Ms. Melconian, the above statement was ordered printed in the Journal of the Senate.

Order 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.



Adjournment in memory of William "Bud" Montigny of New Bedford.

Mr. Birmingham moved that when the Senate adjourns, it adjourn in memory of Mr. William "Bud" Montigny of New Bedford, the father of Senator Mark C. Montigny. This motion prevailed.
Accordingly, as a mark of respect to the memory of William "Bud" Montigny of New Bedford, at nine minutes past three o'clock P.M., on motion of Mr. Lees, the Senate adjourned to meet on the following Thursday at eleven o'clock A.M.