UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.

Thursday, June 4, 1998.

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

Committee Changes.

The President announced the resignation of Senator Jacques of Norfolk, Bristol and Middlesex as a member of the committee on Bills in the Third Reading and the appointment of Senator Nuciforo of Berkshire, Hampden, Hampshire and Franklin to fill the vacancy.

Papers from the House.

A Bill relative to periodic payments to contractors on public building construction contracts of the Commonwealth including local housing authorities (House, No. 5146, — on House, No. 2984), — was read and, under Senate Rule 27, referred to the committee on Ways and Means.

A Bill relative to the town manager of the town of Cohasset (House, No. 5465, — on petition) [Local approval received], — was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

The report of the Executive Office of Transportation and Construction (under Section 178 of Chapter 653 of the Acts of 1989) submitting an account of the costs incurred in connection with the depression of the Central Artery and the construction of the Ted Williams Tunnel (having been sent by the House to the Senate for its information), — was returned to the House to be placed on file.

A report of the committee on Taxation, recommending that the report of the Massachusetts Capital Resource Company (under the provisions of Section 20 of Chapter 816 of the Acts of 1977) submitting its twenty-first annual report (Senate, No. 2131) be placed on file, — came from the House, accepted by the House.
Under Senate Rule 36, the report was considered forthwith and accepted, in concurrence.

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 5561) of William P. Nagle, Jr., and Stanley C. Rosenberg (by vote of the town) relative to the establishment of a department of public works in the town of Hatfield;
To the committee on Local Affairs.

Petition (accompanied by bill, House, No. 5570) of Thomas S. Cahir and Therese Murray for legislation to authorize the Division of Capital Planning and Operations to acquire certain land in the town of Sandwich on behalf of the Military Division for the protection of a water supply well;
Under suspension of Joint Rule 12, to the committee on State Administration.

Petition (accompanied by bill, House, No. 5571) of Guy Glodis and other members of the House relative to designating a certain portion of the new Massachusetts Turnpike interchange in the city of Worcester as the Veterans of the Battle of the Bulge, Central Massachusetts Chapter Highway;
Under suspension of Joint Rule 12, to the committee on Transportation.

Engrossed Bill.

An engrossed Bill enlarging the territory of the Warren Water District (see House, No. 5206) (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 enacted and was signed by the President and laid before the Acting Governor for his approbation.

Resolutions.

Resolutions (filed by Ms. Fargo) "congratulating Minute Man Arc for Human Services, Inc., on the occasion of its fortieth anniversary", 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. Nuciforo, and adopted.

Resolutions (filed by Mr. Keating) "congratulating Joseph M. Rosenberg on his retirement after 30 years of dedicated service to the Mansfield public school system", 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. Nuciforo, and adopted.

Resolutions (filed by Mr. Magnani) "honoring Elizabeth Funk on her receipt of the prestigious Heart of Gold Award", 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. Nuciforo, and adopted.

Resolutions (filed by Mr. Montigny) "congratulating Dr. E. Bradford Weaver upon his retirement as principal of the Hayden-McFadden Elementary School", 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. Nuciforo, and adopted.

Resolutions (filed by Mr. Pacheco) "congratulating Edward and Francelina Garrido on the occasion of their fiftieth wedding anniversary", 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. Nuciforo, and adopted.

Resolutions (filed by Mr. Pacheco) "honoring the Taunton Daily Gazette on the occasion of its one hundred and fiftieth anniversary", 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. Nuciforo, and adopted.

Resolutions (filed by Mr. Pacheco) "honoring Timothy Damon of Bridgewater upon his elevation to the rank of Eagle Scout", 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. Nuciforo, and adopted.

Resolutions (filed by Mr. Rosenberg) "honoring Dr. Maxwell Goldberg", 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. Nuciforo, and adopted.

Bill Recalled from the Acting Governor Laid Before the Senate.

On motion of Mr. Tisei, 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 making certain corrective changes in certain general and special laws (see Senate, No. 2101).
Mr. Tisei was appointed the messenger. Subsequently, the bill was returned and was laid before the Senate.
There being no objection, on motion of Mr. Tisei, the Senate reconsidered the vote by which, at a previous session, it had passed the bill to be enacted.
On motion of the same Senator, Senate Rule 49 was suspended and the bill was amended, on further motion of the same Senator, by striking out section 10 and inserting in place thereof the following section: —
"SECTION 10. Section 78A of said chapter 6, as so appearing, is hereby amended by striking out, in lines 16 and 17, the words "rate setting commission" and inserting in place thereof the following words: — the operational services division within the executive office of administration and finance."; in section 143, by striking out the word "development", the second time it appears; and in section 528, in subsection (f) of the proposed section 14G of chapter 151A of the General Laws, by striking out the words ", commissioner of health care finance and policy".
Sent to the House for concurrence in the amendment.

Paper from the House.

A Bill relative to the State Ballot Law Commission (printed in House No. 5569, — being a message from the Secretary of the Commonwealth, the Acting Governor), — was read.
Pending the question on ordering the bill to a third reading, Mr. Nuciforo moved that the bill be amended by striking out all after the enacting clause and inserting in place thereof the following text:
"SECTION 1. Notwithstanding the provisions of section 2 of chapter 55B of the General Laws or any other general or special law to the contrary, the chairman of the state ballot law commission may hold other appointive public office.
SECTION 2. This act shall cease to be effective on October 30, 1998."
The amendment was adopted. The bill, as amended, was ordered to a third reading, read a third time and passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

Committee Changes.

The President announced the resignation of Senator Nuciforo of Berkshire, Hampden, Hampshire and Franklin as a member of the committee on Bills in the Third Reading and the reappointment of Senator Jacques of Norfolk, Bristol and Middlesex thereto.

Paper from the House.
Emergency Preamble Adopted.

An engrossed Bill relative to the terms of certain notes to be issued by the Commonwealth (see House Bill, printed in House, No. 5513, 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.

Recess.

At twelve minutes past eleven o'clock A.M., the President declared a recess subject to the call of the Chair; and, at five minutes before twelve o'clock noon, the Senate reassembled, the President in the Chair.

Papers from the House.
Engrossed Bills.

The following engrossed bills (both 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 terms of certain notes to be issued by the Commonwealth (see House Bill, printed in House, No. 5513, amended); and
Relative to the State Ballot Law Commission (see House Bill, printed in House, No. 5569, amended).

Order Adopted.

On motion of Mr. Nuciforo, —
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.