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, September 28, 1998.

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

Papers from the House.

A report of the committee on Counties, asking to be discharged from further consideration of the communication from the Executive Office for Administration and Finance (under Section 9 of Chapter 48 of the Acts of 1997 and most recently amended by section 23 of Chapter 300 of the Acts of 1998) submitting a plan to recover the costs being absorbed by the Commonwealth in discharging certain costs and liabilities of the former Middlesex, Worcester and Hampden counties including an amortization schedule of the disbursements and assessments related to said costs and liabilities (House, No. 5806), and recommending that the same be referred to the committee on Counties on the part of the House,— was considered forthwith, under Senate Rule 36, and accepted, in concurrence, insomuch as relates to the discharge of the joint committee.

Bills
Relative to the exemption of motor vehicles leased to charitable organizations from the motor vehicle excise (House, No. 1045,— on petition); and
Relative to the retirement rights of certain managers of the Department of Correction (House, No. 4798, amended,— on House, No. 1215);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

Resolutions.

Resolutions (filed by Mr. Birmingham) "on the occasion of the one hundred and fiftieth anniversary of Boston University School of Medicine", 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. Bernstein, and adopted.

Resolutions (filed by Mr. Birmingham) "congratulating the Honorable John J. Irwin, Jr., on the occasion of his retirement as Chief Justice for Administration and Management of the Trial Court of the Commonwealth", 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. Bernstein, and adopted.

Resolutions (filed by Ms. Fargo) "on the occasion of the one hundred and twenty-fifth anniversary of the Concord Free Public 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 Mr. Bernstein, and adopted.

Resolutions (filed by Mr. Montigny) "on the retirement of Rose S. Espinola", 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. Bernstein, and adopted.

Resolutions (filed by Mr. Morrissey) "congratulating Peter J. Chrisom 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. Bernstein, and adopted.

Papers from the House.

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 5819) of Marie J. Parente and another relative to environmental impact reports submitted prior to the siting of certain energy generating facilities;
Under suspension of Joint Rule 12, to the committee on Energy.

Petition (accompanied by bill, House, No. 5820) of Walter A. DeFilippi and Michael R. Knapik relative to the reinstatement of David Entin as a member of the state employees retirement system;
Under suspension of Joint Rule 12, to the committee on Public Service.

Order Adopted.

Mr. Antonioni presented the following order, to wit:
Ordered, That, notwithstanding the provisions of Joint Rule 10, the committee on Education, Arts and Humanities be granted until Friday, October 30, 1998 within which to make its report on current House document numbered 5763.
The order was considered forthwith and adopted.
   Sent to the House for concurrence.

Communication.

The Clerk read the following communication:

COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS SENATE
STATE HOUSE, BOSTON 02133

September 24, 1998.

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

Dear Mr. O'Neill:

On Thursday, April 2, 1998 I was traveling out of state on official Senate business and therefore unable to be present in the Senate Chamber during three roll call votes.
Had I been present, I would have voted in the affirmative in regard to the following matters:
Enactment of House Bill 2396 "An Act Authorizing The Division Of Capital Planning And Operations To Convey Certain Land In The City Of Boston";
Enactment of Senate Bill 2154 "An Act Establishing A Revolving Trust Fund To Aid In The Financing Of Drinking Water Projects."
Had I been present I would have voted in the negative on the amendment to sections 8 and 37 of House Bill Number 5299 relative to environmental cleanup and promoting the redevelopment of contaminated property as proposed by Senators Jajuga and Panagiotakos.
I respectfully request that this letter be spread upon the record and printed in the Journal of the Senate.

Sincerely,

DAVID P. MAGNANI,
State Senator,
Middlesex, Norfolk and Worcester District.

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

Distinguished Guest.

The President introduced Ms. Sharon Murdoch of Northern Ireland, who is visiting the United States. Ms. Murdoch is a legislative drafter for the new Northern Irish Assembly, established by the recent peace accords. Ms. Murdoch will be spending the next month in the Senate Counsel's Office.

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 authorizing the city of Westfield to abate and refund certain property taxes (House, No. 5546),— was read a second time and ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

The House Bill authorizing the town of North Reading to establish a certain fund (House, No. 5464),— was read a third time and passed to be engrossed, in concurrence.

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:
Authorizing the town of Auburn to issue five additional licenses for the sale of all alcoholic beverages to be drunk on the premises (see House, No. 4774); and
Relative to the police department of the town of Rockland (see House, No. 5620).


A Bill relative to the terms of certain bonds and notes to be issued by the Commonwealth (printed in House, No. 5771,— being a message from His Honor the Lieutenant-Governor, Acting Governor),— was read.
There being no objection, the rules were suspended, on motion of Ms. Murray, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Recess.

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

Papers from the House.

A Bill authorizing the town of Wakefield to hold a certain special election (House, No. 5791, amended,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

A Bill relative to the reorganization of Franklin County (House, No. 5807, amended,— on House, No. 4536),— was read.
There being no objection, the rules were suspended, on motion of Mr. Nuciforo, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Recess.

At twenty-eight minutes before twelve o'clock noon, the President declared a recess subject to the call of the Chair; and, at twenty-three minutes before one o'clock P.M., 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:
Authorizing the town of Wakefield to hold a certain special election (see House, No. 5791, amended); and
Relative to the reorganization of Franklin County (see House, No. 5807, amended).

Order Adopted.

On motion of Mr. Tarr,—
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.


On motion of Mr. Tarr, at twenty-two minutes before one o'clock P.M., the Senate adjourned to meet on the following Thursday at eleven o'clock A.M.