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, December 10, 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.

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 Norfolk County Pre-Release facility, in the town of Dedham (received Monday, December 7, 1998);
Of the MCI-Concord, in the town of Concord (received Monday, December 7, 1998); and
Of the Norfolk County Correctional Center, in the town of Dedham (received Monday, December 7, 1998),— were severally read and sent to the House for its information.

Communications.

The following communications were severally placed on file, to wit:
A communication from Barbara DeVico, Secretary to the Board of Trustees, University of Massachusetts (under the provisions of Section 3 of Chapter 75 of the General Laws) relative to the rules and regulations adopted and/or amended by the Trustees of the University of Massachusetts in 1998 (received Tuesday, December 8, 1998); copies having been transmitted to the Governor, the Commissioner of Administration and Finance and to the Chairmen of the Joint Committee on Ways and Means; and
A communication from Senator Matthew J. Amorello in compliance with Massachusetts General Laws, Chapter 268A (received Wednesday, December 9, 1998).

Committee Discharged.

Ms. Pines, for the committee on Natural Resources and Agriculture, reported, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 2360) of Henri S. Rauschenbach, Therese Murray, Thomas S. Cahir, Eric Turkington and Thomas N. George for legislation relative to the Massachusetts military reservation environmental technology center,— and recommending that the same be referred to the Senate committee on Ways and Means.
Under Senate Rule 36, the report was considered forthwith and accepted.
Sent to the House for concurrence in the discharge of the joint committee.

Committee Changes.

The Chair (Ms. Melconian) 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 Fargo of Fifth Middlesex to fill the vacancy.

Papers from the House.
Emergency Preamble Adopted.

An engrossed Bill relative to violence prevention programs in public schools (see House, No. 2077, 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 4 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:
Increasing the penalties for violations of safety precautions at railroad crossings (see House, No. 3527, amended);
Exempting the position of school custodian in the town of Dedham from the provisions of the civil service law (see House, No. 4338); and
Relative to the parks and recreation commission of the town of Dedham (see House, No. 4508).

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 5893) of Harold P. Naughton, Jr., Robert A. Bernstein and William J. McManus II (by vote of the town) relative to the assessment of sewer betterments in the town of West Boylston;
To the committee on Taxation.

Petition (accompanied by bill, House, No. 5894) of Daniel E. Bosley for legislation to designate the bridge on Route 2 spanning the Hoosic River in the city of North Adams as the Anthony J. Sacco, Sr. Bridge;
Under suspension of Joint Rule 12, to the committee on Transportation.

Resolutions.

Resolutions (filed by Ms. Wilkerson) "honoring Al Sousa on the occasion of his retirement from New England Financial", 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 Ms. Murray, and adopted.

Papers from the House.

The House Bill banning the public distribution of free smoking or tobacco products (House, No. 882, amended),— came from the House with the endorsement that the House had concurred in the Senate 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 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 fine 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" (corrected by Senate B.T.R.),— with a further amendment, by inserting after the word "product" the words "upon any part of the streets, parks, public grounds, public buildings or other public places within the commonwealth".
The rules were suspended, on motion of Mr. Bernstein, and the further House amendment was considered forthwith and adopted, in concurrence.

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 authorizing the city of New Bedford to establish and maintain an environmental assessment revolving fund and creating an environmental assessment lien to secure repayment of funds expended from said fund (Senate, No. 2361),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, its title having been changed by the committee on Bills in the Third Reading to read as follows: "An Act authorizing the City of New Bedford to establish and maintain an environmental assessment revolving fund and creating an environmental assessment lien to secure repayment of funds expended from said revolving fund."
   Sent to the House for concurrence.

The House Bill authorizing the town of Grafton to execute a certain lease (House, No. 5646),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

The House Bill establishing a capital investment fund in the town of Boylston (House, No. 5793),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Papers from the House.

The House Bill relative to the terms of certain bonds and notes issued by the Commonwealth (printed in House, No. 5830),— was read. The rules were suspended, on motion of Ms. Fargo, and the bill was read a second time.
Pending the question on ordering the bill to a third reading, Mr. Rosenberg presented an amendment striking out sections 5 and 6. The amendment was adopted.
The bill, as amended, was ordered to a third reading, read a third time and passed to be engrossed, in concurrence, its title having been corrected by the committee on Bills in the Third Reading to read as follows: "An Act relative to the terms of certain bonds and notes issued by the Commonwealth."
Sent to the House for concurrence in the amendment.

Committee Changes.

The Chair (Ms. Melconian) announced the resignation of Senator Fargo of Fifth 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 Mr. Norton,—
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. Tisei, at thirteen minutes past eleven o'clock A.M., the Senate adjourned to meet on the following Monday at eleven o'clock A.M.