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 29, 1998.

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

Reports.

Reports of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) relative to inspection of certain correctional facilities in the Commonwealth:
Of the Western Massachusetts Correctional Alcohol Center in the city of Springfield (received Tuesday, October 27, 1998);
Of the Park Drive Pre-Release Center in the city of Boston (received Wednesday, October 28, 1998); and
Of the Barnstable County House of Correction and Jail in the town of Barnstable (received Wednesday, October 28, 1998),— were severally read and sent to the House for its information.

The following reports were severally read and placed on file:
A report of the Division of Health Care Finance Policy (under the provisions of Section 25 of Chapter 203 of the Acts of 1996) submitting a survey on the health insurance status of Massachusetts residents (received Tuesday, October 27, 1998); and
A report of the Division of Employment and Training (under the provisions of Chapter 233 of the Acts of 1983) submitting a quarterly report on the condition of the Massachusetts Unemployment Insurance Trust Fund (received Tuesday, October 27, 1998).

Reports of Committees.

By Mr. Moore, for the committee on Public Service, on petition, a Bill relative to the group classification of the Undersecretary of the Executive Office of Public Safety (Senate, No. 2350);
Read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Mr. Morrissey, for the committee on Government Regulations, on petition, a Bill relative to the renewal of real estate brokers licenses (Senate, No. 2342);
Read and, under Senate Rule 26, referred to the committee on Steering and Policy.

By Mr. Morrissey, for the committee on Government Regulations, on petition, a Bill authorizing the town of Sharon to issue licenses to certain establishments for the sale of all alcoholic beverages to be drunk on the premises (Senate, No. 2299, changed in section 2, by striking out the word "not", in line 6.) [Local approval received]; and
By Ms. Fargo, for the committee on Local Affairs, on petition, a Bill providing for a town administrator in the town of Lakeville (Senate, No. 2351) [Local approval received];
Severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Papers from the House.

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 5860) of Michael J. Albano (mayor), Paul E. Caron, Mary S. Rogeness, Brian P. Lees, Benjamin Swan, Gale D. Candaras and Dennis M. Murphy (with the approval of the mayor and city council) relative to authorizing the city of Springfield retirement board to pay a certain retirement benefit to Wanda Y. Juskiewicz, the surviving spouse of Walter C. Juskiewicz a former police officer of said city; and
Petition (accompanied by bill, House, No. 5861) of Michael J. Albano (mayor), Paul E. Caron, Mary S. Rogeness, Brian P. Lees, Benjamin Swan, Gale D. Candaras and Dennis M. Murphy (with the approval of the mayor and city council) relative to authorizing the city of Springfield retirement board to pay a certain retirement benefit to Eleanor Lawler, the surviving spouse of Daniel Lawler a former fire fighter of said city;
Severally to the committee on Public Service.

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 President and laid before the Acting Governor for his approbation, to wit:
Designating the city of Worcester as the birthplace of Robert Goddard, the father of modern rocketry and congratulating the Auburn Rockets (see Senate, No. 1633, amended); and
Directing the city of Boston to grant a certain pension to Carl W. Johnson (see House, No. 5516).

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 relative to the group insurance program of the town of Sterling (House, No. 5202),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

The House Bill exempting the position of school nurse in the town of Franklin from the civil service law (House, No. 5370),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Bill Previously Recalled from the Acting Governor Laid Before the Senate.

The engrossed Bill authorizing the town of North Reading to establish a certain fund (see House, No. 5464) which, at a previous session, had been returned by His Honor the Lieutenant-Governor, Acting Governor, at the request of the Senate,— was laid before the Senate.
There being no objection, on motion of Mr. Tarr, 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, in section 1, by inserting after the words "the treasurer of said town and", in the first sentence, the following words:— which together with.
Sent to the House for concurrence in the amendment.

Papers from the House.

The Senate Bill establishing the Massachusetts prudent investor act (Senate, No. 2079),— came from the House passed to be engrossed, in concurrence, with an amendment, by inserting after section 2 the following section:
"SECTION 2A. Chapter 182 of the General Laws is hereby amended by inserting after section 2A, as appearing in the 1996 Official Edition, the following section:—
Section 2B. This section shall apply to a trust that is an investment company, as defined in the Investment Company Act of 1940, and that is registered thereunder with the United States Securities and Exchange Commission.
A trustee of a trust who with respect to the trust is not an interested person, as defined in said Investment Company Act of 1940, shall be deemed to be independent and disinterested when making any determination or taking any action as a trustee.".
The rules were suspended, on motion of Mr. Nuciforo, and the House amendment was considered forthwith and adopted, in concurrence (as corrected by the committee on Bills in the Third Reading).

Resolutions.

Resolutions (filed by Mr. Keating) "congratulating Jason Sternburg on the occasion of his retirement from the Defense Logistics Agency", were referred, under the rule, to the committee on Rules.
Subsequently, Mr. Birmingham, 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. Knapik) "honoring Kenneth Seyffer for receiving the Holyoke Rotary Club's 1998 William G. Dwight Award", were referred, under the rule, to the committee on Rules.
Subsequently, Mr. Birmingham, 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. Knapik) "honoring Alfred Pinciak upon his retirement as Principal of Chicopee Comprehensive High School", were referred, under the rule, to the committee on Rules.
Subsequently, Mr. Birmingham, 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 Messrs. Knapik, Nuciforo and Rosenberg) "honoring Janice Lachowetz upon her retirement from the Gateway Regional School District", were referred, under the rule, to the committee on Rules.
Subsequently, Mr. Birmingham, 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.

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 city of Pittsfield to lease a certain parcel of commercial land (House, No. 5800),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Order Adopted.

On motion of Ms. Melconian,—
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.


Adjournment in memory of John Carl Scano.

Mr. Bernstein moved that when the Senate adjourns today, it adjourn in memory of John Carl Scano, a legislative aide to Senator Robert A. Bernstein, who died tragically yesterday.
Accordingly, as a mark of respect to the memory of John Carl Scano, at fourteen minutes past eleven o'clock A.M., on motion of Mr. Tarr, the Senate adjourned to meet on the following Monday at eleven o'clock A.M.