|
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. |
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.)
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.
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.
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 (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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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."
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).
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.