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, June 22, 1998.

Met according to adjournment at eleven o'clock A.M. (Mr. Norton in the Chair) (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

Reports.

A report of the Department of Education (under the provisions of Section 7 of Chapter 46 of the Acts of 1997) submitting an evaluation of charter school tuition payments (received Thursday, June 18, 1998),— was placed on file.

A report of the Bureau of Special Investigations (under the provisions of Section 15D(6) of Chapter 22 of the General Laws) submitting a report of its activities for the month of May 1998; including corrections of the bureau's reports for the months of March and April 1998 (received Friday, June 19, 1998),— was read and sent to the House for its information.

Petitions.

Petitions were presented and referred, as follows:
By Mr. Antonioni (by request), a petition (subject to Joint Rule 12) of Cynthia Cohen for legislation to require the identification and reporting of employees to the police department and the Department of Revenue;
By Mr. Joyce, a petition (subject to Joint Rule 12) of Brian A. Joyce for legislation to authorize distinctive registration plates for retired military personnel; and
By the same Senator (by request), a petition (subject to Joint Rule 12) of Emily T. Howe for legislation to further regulate the operation of motor vehicles by persons 75 years of age or older;
By Ms. Melconian, a petition (subject to Joint Rule 12) of Linda J. Melconian for legislation to provide for adjustment of the civil service seniority date of Thomas N. Scibelli, an employee of the division of standards; and
By Mr. O'Brien, a petition (subject to Joint Rule 12) of John D. O'Brien and Barry R. Finegold for legislation to authorize the Andover Housing Authority to pay certain unpaid bills;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Papers from the House.

A Bill further regulating the powers of the Massachusetts State College Building Authority (House, No. 5581, amended,— on House, Nos. 5 and 3626),— was read and, under Senate Rule 27, referred to the committee on Ways and Means.

A Bill authorizing the licensing authority of the town of Auburn to issue five additional all alcoholic beverage licenses (House, No. 4774,— on petition) [Local approval received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Committee Changes.

The Chair (Mr. Norton) 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 O'Brien of Second Essex and Middlesex to fill the vacancy.

Resolutions.

Resolutions (filed by Messrs. Creedon and Keating) "recognizing the celebration of 'Recreation Day' at Borderland State 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. Amorello, and adopted.

Resolutions (filed by Mr. Knapik) "honoring Patrick Henry Dowd 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. Amorello, and adopted.

Resolutions (filed by Mr. Pacheco) "congratulating Joseph Patrick Brown 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. Amorello, and adopted.

Resolutions (filed by Mr. Pacheco) "congratulating George A. Moitoza on the occasion of his retirement after many years of dedicated service to the town of Berkley", 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. Amorello, and adopted.

Resolutions (filed by Mr. Pacheco) "congratulating Wilma and Harvey Wilson, Jr., 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. Amorello, and adopted.

Resolutions (filed by Mr. Rosenberg) "congratulating Russell and Alice Bisbee on being chosen Marshals of the Chesterfield Fourth of July Parade", 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. Amorello, and adopted.

Resolutions (filed by Mr. Rosenberg) "congratulating Stanley Stokarski on the occasion of his retirement as Chief of the South Deerfield Fire District", 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. Amorello, and adopted.

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 Michael W. Morrissey, A. Stephen Tobin, Ronald Mariano and Sergeant Robert M. Perchand for legislation to increase the penalties for certain crimes relative to the procuring of alcohol by minors.
Senate Rule 36 was suspended, on motion of Ms. Fargo, 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 William R. Keating and Louis L. Kafka (by vote of the town) for legislation to authorize the town of Sharon to issue licenses to certain establishments for the sale of all alcoholic beverages to be drunk on the premises.
Senate Rule 36 was suspended, on motion of Ms. Fargo, 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 Edward J. Clancy, Jr., and Douglas W. Petersen (by vote of the town) for legislation to allow the recreation commission in the town of Swampscott to discount fees charged to senior citizens for activities.
Senate Rule 36 was suspended, on motion of Ms. Fargo, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Local Affairs.
   Sent to the House for concurrence.

Mr. Berry, for the committee on Steering and Policy, reported that the following matter be placed in the Orders of the Day for the next session;
The House Bill banning the public distribution of free smoking or tobacco products for commercial purposes (House, No. 882).

Papers from the House.
Engrossed Bill.

An engrossed Bill relative to liability on foreign accounts (see Senate, No. 1844) (which originated in the Senate), 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 Acting President and laid before the Acting Governor for his approbation.

The Senate Bill relative to the financing and operation of a golf course by the town of Natick (Senate, No. 2067),— came from the House passed to be engrossed, in concurrence, with an amendment in section 1 by adding at the end thereof the following sentence: "Said land is located southwest of the Natick/Sherborn town line and northeast of Rockwood Road, and is a portion containing approximately twenty acres of the land shown on the town of Sherborn assessors' maps as Map 10, Lot 5.".
The rules were suspended, on motion of Mr. Moore, and the House amendment was considered forthwith and adopted, in concurrence (as corrected by the committee on Bills in the Third Reading).

The Senate Bill correcting and extending the one trial system for civil cases in Norfolk and Middlesex counties (Senate, No. 2205),— came from the House passed to be engrossed, in concurrence, with amendments:
In section 4 by striking out, in line 10 (as printed), the word "March" and inserting in place thereof the word "October"; 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 to correct and extend the one trial system for civil cases pilot program in Norfolk and Middlesex counties, which would otherwise expire on July 1, 1998, it is therefore hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.".
The rules were suspended, on motion of Ms. Melconian, and the House amendments were considered forthwith and adopted, in concurrence (as corrected by the committee on Bills in the Third Reading).

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 5617) of Domenic P. Armano, M. Paul Iannuccillo and others (with the approval of the mayor and city council) relative to providing for an election to fill a vacancy in the school committee in the city of Lawrence;
To the committee on Election Laws.

Petition (accompanied by bill, House, No. 5618) of Patrick F. Landers III and Stephen M. Brewer (by vote of the town) that the town of Palmer be authorized to issue an additional license for the sale of beer and wine to be drunk on the premises to the Palmer Inn in said town;
To the committee on Government Regulations.

Petition (accompanied by bill, House, No. 5619) of M. Paul Iannuccillo (with the approval of the mayor and city council) relative to the acquisition of vacant and blighted properties by the city of Lawrence;
To the committee on Local Affairs.

Petition (accompanied by bill, House, No. 5620) of Janet W. O'Brien (by vote of the town) relative to the appointment of police officers in the town of Rockland;
To the committee on Public Service.

Petition (accompanied by bill, House, No. 5626) of John C. Klimm relative to the retirement benefits of certain employees of the Cape Cod Airport;
Under suspension of Joint Rule 12, to the committee on Public Service.

Petition (accompanied by resolve, House, No. 5627) of Thomas M. Finneran, Steven Angelo, Edward G. Connolly, Anthony P. Giglio, Robert A. DeLeo, John J. Binienda and Christopher G. Fallon for payment from the state treasury to the widow of the late William G. Reinstein of Revere the salary to which he would have been entitled had he served until the end of the term for which he was elected; and
Petition (accompanied by bill, House, No. 5628) of Douglas W. Petersen for legislation to provide for payment from the state treasury of a certain sum of money to Filtration Technology, Inc.;
Severally, under suspension of Joint Rule 12, to the House committee on Ways and Means; and the Senate concurred in the suspension of said rule.

Engrossed Bill

An engrossed Bill making certain corrective changes in certain general and special laws (see Senate, No. 2101, amended) (which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was again passed to be enacted and was signed by the Acting President and again laid before the Acting Governor for his approbation.

Committee Changes.

The Chair (Mr. Norton) announced the resignation of Senator O'Brien of Second Essex and Middlesex as a member of the committee on Bills in the Third Reading and the reappointment of Senator Jacques of Norfolk, Bristol and Middlesex thereto.

Order Adopted.

On motion of Ms. Melconian,—
Ordered, That when the Senate adjourns today, it adjourn to meet again on Wednesday 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. Amorello, at eight minutes past eleven o'clock A.M., the Senate adjourned to meet on the following Wednesday at eleven o'clock A.M.