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

Thursday, October 15, 1998.

Met at three minutes past eleven o'clock A.M. (Ms. Melconian 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 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 September 1998 (received Tuesday, October 13, 1998),— was read and sent to the House for its information.

A report of the Merrimack Valley Regional Transit Authority (under the provisions of Section 8(g) of Chapter 161B of the General Laws) submitting a copy of the authority's annual report for the fiscal year 1998 (received Tuesday, October 13, 1998),— was placed on file.

Petition.

Mr. Norton presented a petition (subject to Joint Rule 12) of Thomas C. Norton for legislation relative to the Fall River commuter rail,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Distinguished Guests.

The Chair (Ms. Melconian) recognized, seated in the Senate gallery, the eighth grade class from the Knox School in the town of Spencer. They were the guests of Senator Brewer.

Resolutions.

Resolutions (filed by Mr. Birmingham) "commemorating the dedication of Pacino Park in the town of Reading in memory of John B. Pacino", were read.
The rules were suspended, on motion of Mr. Jajuga, and the resolutions were considered forthwith, and adopted.

Resolutions (filed by Mr. Durand) "commemorating the life of the late Joseph DiRico", were read.
The rules were suspended, on motion of Mr. Jajuga, and the resolutions were considered forthwith, and adopted.

Resolutions (filed by Mr. Montigny) "honoring Reverend Manuel Chavier, Senior, on the occasion of his fiftieth anniversary as a minister", were read.
The rules were suspended, on motion of Mr. Jajuga, and the resolutions were considered forthwith, and adopted.

Resolutions (filed by Mr. Morrissey) "congratulating Lloyd H. Hill on the occasion of his retirement", were read.
The rules were suspended, on motion of Mr. Jajuga, and the resolutions were considered forthwith, and adopted.

Papers from the House.
Emergency Preamble Adopted.

An engrossed Bill providing for the payment of certain retirement and medical benefits to John Lynch (see House, No. 5367), 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 5 to 0.
The bill was signed by the Acting President and sent to the House for enactment.

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 Acting President and laid before the Acting Governor for his approbation, to wit:
Regulating the use of snow vehicles on privately owned property (see House, No. 5457, amended);
Relative to town meeting members in the town of Amherst (see House, No. 5463);
Authorizing the town of Billerica to make a certain reimbursement (see House, No. 5643); and
Authorizing the town of Billerica to refund certain taxes (see House, No. 5644).

Order Adopted.

Mr. Morrissey presented the following order to wit:
Ordered, That notwithstanding the provisions of Joint Rule 10, the joint committee on Government Regulations be granted until Wednesday, October 28, 1998, within which time to make its final report on Senate documents numbered 2299, 2328 and 2342 and House documents numbered 5527, 5754 and 5803.
The order was considered forthwith and adopted.
   Sent to the House for concurrence.

Papers from the House.

The report of the Massachusetts Turnpike Authority (under Section 12(i) of Chapter 81A of the General Laws as most recently amended by Section 6 of Chapter 3 of the Acts of 1997) submitting a copy of an interdepartmental services agreement between the Highway Department and said authority, dated September 29, 1998 (having been sent by the House to the Senate for its information),— was returned to the House to be placed on file.

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 5845) of Evelyn G. Chesky, Walter A. DeFilippi and Michael R. Knapik relative to directing the Department of Social Services to establish a formula for the placement of non-profit group homes;
Under suspension of Joint Rule 12, to the committee on Human Services and Elderly Affairs.

Petition (accompanied by bill, House, No. 5838) of John A. Stefanini and David P. Magnani (by vote of the town) that the conservation commission of the town of Ashland be authorized to impose consultant fees and to account for and spend said fees;
To the committee on Local Affairs.

Petition (accompanied by bill, House, No. 5846) of Evelyn G. Chesky, Walter A. DeFilippi and Michael R. Knapik (with the approval of the mayor and city council) that the city of Holyoke be authorized to issue certain pension obligation bonds;
Under suspension of Joint Rule 12, to the committee on Public Service.

Petition (accompanied by bill, House, No. 5847) of Michael J. Albano (mayor), Paul E. Caron, Mary S. Rogeness, Benjamin Swan, Brian P. Lees, Dennis M. Murphy and Gale D. Candaras (with the approval of the city council) relative to the repeal of certain special acts pertaining to the financial management structure of the city of Springfield; and
Petition (accompanied by bill, House, No. 5848) of Eugene L. O'Flaherty (with the approval of the city council) for legislation to authorize the city of Chelsea to place municipal charges liens on certain properties in said city for non-payment of local charges, fees or fines;
Severally, under suspension of Joint Rule 12, to the committee on Taxation.

Petition (accompanied by bill, House, No. 5849) of Vincent A. Pedone and Matthew J. Amorello for legislation to designate the bridge located on Plantation Street spanning the Conrail tracks in the city of Worcester as the Captain William Amorello Memorial Bridge;
Under suspension of Joint Rule 12, to the committee on Transportation.

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 Senate Bill relative to certain insurance coverage for a former employee of the town of Townsend (Senate, No. 2337),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed.
   Sent to the House for concurrence.

The House Bill banning the public distribution of free smoking or tobacco products for commercial purposes (House, No. 882, amended),— was read a third time.
Pending the question on passing the bill to be engrossed, Mr. Antonioni presented an amendment striking out all after the enacting clause and inserting in place thereof the following text:
"Chapter 270 of the General Laws is hereby amended by adding the following section:—
Section 23. (a) No person, manufacturer, distributor, or retailer shall distribute or cause to be distributed free samples of cigarettes, smokeless tobacco or other tobacco product. Any person who violates this section shall be punished by a fine of not less than $25 nor more than $50 for each day on which any such violation occurs. Each such day shall constitute a separate offense.
(b) In addition to other authorized persons, the department of public health, local boards of health and in Boston the commissioner of health and hospitals shall enforce the provisions of this section. Any such enforcing authority or its authorized agent may dispose of a violation of this section pursuant to the noncriminal disposition procedures in section 21D of chapter 40 without an enabling ordinance or by-law. If noncriminal procedures are employed, the fine for a first offense shall be $25, the fine for a second offense shall be $35, and the time for a third or subsequent offense shall be $50.
(c) Enforcing authorities may adopt appropriate regulations that provide for the orderly implementation of this section.
(d) Nothing in this section shall be construed to preempt the authority of any municipal government, board of health or health agency to promulgate, enact, or enforce any law, ordinance, by-law, or regulation that requires a permit or license for the sale of tobacco products or that regulates the sale, use, or distribution of tobacco products."
The amendment was adopted.
The bill, as amended, was then passed to be engrossed, in concurrence, its title having been changed by the committee on Bills in the Third Reading to read as follows: "An Act banning the public distribution of free smoking or tobacco products".
   Sent to the House for concurrence in the amendment.

Papers from the House.

The Senate Bill relative to the issuance of firearm licenses to environmental police officers (Senate, No. 2236),— came from the House passed to be engrossed, in concurrence, with amendments:
Striking out all after the enacting clause and inserting in place thereof the text contained in House document numbered 5834; by striking out the title and inserting in place thereof the following title: "An Act relative to the issuance of firearm licenses."; 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 further regulate the issuance of firearm licenses in the commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.".
The rules were suspended, on motion of Mr. Brewer, and the House amendments were considered forthwith.
Pending the question on concurring in the House amendments, the Senator from Worcester and Norfolk, Mr. Moore addressed the Senate as follows:
"On October 5th a letter was sent to members of the Senate. This letter indicated that several sponsors were offering an amendment to Senate 2236 in order to provide an exemption in Chapter 180 of the Acts of 1998 for veterans who carry certain rifles in parades or other ceremonies, including honor guards. The intent of the amendment is certainly worthwhile, however, it demonstrates that the sponsors of Chapter 180 had made significant errors in drafting.
On at least two occasions, once during the House debate and once in the conference committee meetings, this issue was raised but no attempt to correct the problem was made. Ironically, the proposed changes will protect veterans wishing to carry certain guns in official ceremonies only. These changes offer no protection to the veteran who wishes to personally own and otherwise possess the same guns.
This amendment was supposed to deal with veterans but we find that the House has seized the opportunity to offer other amendments that have nothing to do with veterans. Ten additional sections have found their way into this bill all of them necessary to "fix" Chapter 180. It makes clear that Chapter 180 was passed in haste and with no public review and very little legislative input. These additional sections, I fear, will only add to the confusion of what law-abiding citizens must do to comply with this cumbersome and unjust law. A law which, for the most part, is directed against law abiding citizens and at a time when crime is at a thirty year low.
We were never provided with a demonstrated need for the majority of Chapter 180 and now, two months since enactment, eleven corrective changes are being offered. Undoubtedly, more will be needed in the future.".
On motion of Mr. Moore, the above statement was ordered printed in the journal of the Senate.
The House amendments were considered.
Ms. Jacques, Ms. Walsh, Ms. Melconian, Messrs. Morrissey, Keating, Jajuga and Brewer presented an amendment to the proposed House new text (House, No. 5834) inserting after section 7 the following section:
"SECTION 7A. Said section 131 of said chapter 140, as so appearing, is hereby further amended by striking out paragraph (j) and inserting in place thereof the following paragraph:—
(j)(1) No license shall be required for the carrying or possession of a firearm known as a detonator and commonly used on vehicles as a signaling and marking device, when carried or possessed for such signaling or marking purposes.
(2) No license to carry shall be required for the possession of an unloaded large capacity rifle or shotgun or an unloaded feeding device therefor by a veteran's organization chartered by the Congress of the United States, chartered by the commonwealth or recognized as a nonprofit tax-exempt organization by the Internal Revenue Service, or by the members of any such organization when on official parade duty or during ceremonial occasions. For purposes of this subparagraph, an unloaded large capacity rifle or shotgun' and an unloaded feeding device therefor' shall include any large capacity rifle, shotgun or feeding device therefor loaded with a blank cartridge or blank cartridges, so-called, which contain no projectile within such blank or blanks or within the bore or chamber of such large capacity rifle or shotgun."
The amendment was adopted.
Mr. Jajuga moved that the proposed House new text (House, No. 5834) be amended by striking out section 2.
The amendment was adopted.
The House amendments, as amended, were then adopted.
   Sent to the House for concurrence in the amendments adopted by the Senate.

Matter Taken Out of the Orders of the Day.

There being no objection, the following matter was taken out of the Orders of the Day and considered, as follows:
The House Bill relative to the pension benefits payable to Anna Poncin and Sharon Hewitt by the Attleboro retirement system (House, No. 5817),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Bill Recalled from the Acting Governor Laid Before the Senate.

On motion of Ms. Wilkerson, 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 providing for the annual observance of Robert Frost Day (see House, No. 5056, amended).
Ms. Wilkerson was appointed the messenger. Subsequently, the bill was returned and was laid before the Senate.
There being no objection, on motion of Ms. Wilkerson, the Senate reconsidered the vote by which, at a previous session, it had passed the bill to be enacted.
On motion of Mr. Brewer, Senate Rule 49 was suspended.
Mr. Jajuga moved that the engrossed bill be amended by striking out all after the enacting clause and inserting in place thereof the following text:
"Chapter 6 of the General Laws is hereby amended by inserting after section 15BBBB, inserted by chapter 350 of the acts of 1998, the following section:—
Section 15CCCC. The governor shall annually issue a proclamation setting apart the fourth Saturday in October as Robert Frost Day, in recognition of Robert Frost's years in the commonwealth, during which time he lived and was educated in the city of Lawrence, and recommending that said day be observed in an appropriate manner by the people."
The amendment was adopted.
   Sent to the House for concurrence in the amendment.

Report of a Committee.

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 relative to meetings of the Board of Registration of Cosmetologists (House, No. 5782).
There being no objection, the rules were suspended, on motion of Mr. Moore, 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-one minutes past eleven o'clock A.M., the Chair (Ms. Melconian) declared a recess subject to the call of the Chair; and, at nineteen minutes past twelve o'clock noon, the Senate reassembled, Ms. Melconian in the Chair.

Papers from the House.
Emergency Preambles Adopted.

An engrossed Bill providing for the annual observance of Robert Frost Day (see House, No. 5056, 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 2 to 0.
The bill was signed by the Acting President and sent to the House for enactment.

An engrossed Bill relative to the issuance of firearm licenses (see Senate, No. 2236, 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 2 to 0.
The bill was signed by the Acting President and sent to the House for enactment.

Engrossed Bills.

The following engrossed bills (the first of which originated in the Senate), 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 Acting President and laid before the Acting Governor for his approbation, to wit:
Relative to the election of the city clerk in the city of Springfield (see Senate, No. 2140);
Designating the Representative James R. Miceli Bridge and the John T. Hegarty Overpass (see House bill, printed as Senate, No. 1924, changed and amended); and
Relative to the Cambridge Public Health Commission (see House, No. 5741).

Matter Taken Out of the Orders of the Day.

There being no objection, the following matter was taken out of the Orders of the Day and considered, as follows:
The House Bill authorizing the town of Norwood to issue three additional wine and malt beverages licenses (House, No. 5725),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence, its title having been changed by the committee on Bills in the Third Reading to read as follows: "An Act authorizing the town of Norwood to issue three additional licenses for the sale of wines and malt beverages to be drunk on the premises."

Papers from the House.
Engrossed Bills.

The following engrossed bills (the first of which originated in the Senate), 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 Acting President and laid before the Acting Governor for his approbation, to wit:
Relative to the issuance of firearm licenses (see Senate, No. 2236, amended);
Providing for the annual observance of Robert Frost Day (see House, No. 5056, amended); and
Providing for the payment of certain retirement and medical benefits to John Lynch (see House, No. 5367).

Order Adopted.

On motion of Ms. Wilkerson,—
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.


On motion of Mr. Knapik, at twenty-nine minutes past twelve o'clock noon, the Senate adjourned to meet on the following Monday at eleven o'clock A.M.