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, December 14, 1998.

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

Petitions.

Petitions were presented and referred, as follows:
By Mr. Knapik, a petition (subject to Joint Rule 12) of Michael R. Knapik, Evelyn G. Chesky and Walter A. DeFilippi for legislation to grant an easement to the Holyoke Community College Foundation; and
By Mr. Rauschenbach, a petition (subject to Joint Rule 12) of Henri S. Rauschenbach for legislation relative to self-insured workers compensation groups;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Papers from the House.

Relative to the regulation of dogs in the town of Seekonk (House, No. 5641,— on petition) [Local approval received];— Was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

A petition (accompanied by bill, House, No. 5896) of Eric Turkington and Therese Murray relative to authorizing Thomas A. Zine of the town of Falmouth to be admitted to the State Police Academy, notwithstanding the maximum age requirement,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Public Service.

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 approval of Beano licenses in the city of Worcester (House, No. 5670),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

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 designating a certain bridge in the city of Worcester as the Captain William Amorello Memorial Bridge (House, No. 5849).
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill 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.

A Bill validating the actions taken at a special town meeting of the town of Dartmouth (House, No. 5873,— on petition) [Local approval received],— was read.
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.

Report of Committees.

By Mr. Norton, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Mark C. Montigny and Brian A. Joyce for legislation to further define qualifying individuals for certain benefits.
Senate Rule 36 was suspended, on motion of Ms. Fargo, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Human Services and Elderly Affairs.

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 group marketing plans for automobile and homeowners insurance (House, No. 5697),— 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.
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 President and laid before the Acting Governor for his approbation, to wit:
Relative to certain actions of the Board of Bank Incorporation and the Commissioner of Banks (see House, No. 41);
Relative to violence prevention programs in public schools (see House, No. 2077, amended);
Authorizing the establishment of senior citizen safety zones in the city of Holyoke (see House, No. 5431);
Authorizing the city of Westfield to supply water outside its boundaries (see House, No. 5656);
Designating a certain bridge in the city of Lowell as the Frank W. Grady Bridge (see House, No. 5695, changed); and
Relative to water and sewer services of the town of Hopedale (see House, No. 5816).

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 retirement board of the city of Springfield to pay a certain retirement benefit to the surviving spouse of former police officer Walter C. Juskiewicz (House, No. 5860),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

The House Bill authorizing the retirement board of the city of Springfield to pay a certain retirement benefit to the surviving spouse of former firefighter Daniel Lawler (House, No. 5861),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Paper from the House.

The Senate Bill protecting owners of improved land (Senate, No. 805, amended),— came from the House passed to be engrossed, in concurrence, with amendments:
In section 1 by inserting after the word "Title", in line 76, the words "or subsequent recorded instrument"; by inserting after the article "a", in line 104, the word "twenty-year"; by striking out clause (i) (as printed), in line 107, and inserting in place thereof the following 4 clauses:
"(j) any interest or instrument or record which has been created pursuant to section 6 of chapter 21E;
(k) any liens created pursuant to section 13 of said chapter 21E;
(l) any restriction, easement, condition or license held by any governmental body, as defined in section 26 of chapter 184, if the instrument imposing such restriction, easement, condition or license is duly recorded and indexed in the grantor index in the registry of deeds or registered in the registry district of the land court for the county or district wherein the land lies so as to affect its title, and describes the land by metes and bounds or by reference to a recorded or registered plan showing its boundaries; and
(m) all interests preserved by chapter 185".; and by striking out, in line 109, the word "All" and inserting in place thereof the words: "Except as provided in section 4, all"; 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 protect forthwith owners of improved land, 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. Nuciforo, and the House amendments were considered forthwith and adopted, in concurrence (as corrected by the committee on Bills in the Third Reading.

Report of a Committee.

Mr. Rosenberg, for the committee on Ways and Means, on House, No. 5114, reported, in part, a "Bill relative to the Annie E. Casey Foundation Initiative" (Senate, No. 2366).
The bill was read. There being no objection, the rules were suspended on motion of Mr. Rosenberg, and the bill (Senate, No. 2366) 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.

Distinguished Guests.

There being no objection, the President introduced, seated in the rear of the Chamber, Sophia Ngcobo of South Africa. Ms. Ngcobo is the Educational Program Director for HIV/AIDS in the Province of Kwa-Zulu-Natal. Ms. Ngcobo was accompanied by Elaine P. Crandall, manager of Nesmith House of Middlesex Community College. They were the guests of Senator Fargo.

Report of a Committee.

Mr. Rosenberg, for the committee on Ways and Means, on House, No. 5114, reported, in part, a "Bill relative to modifying the Pittsfield Economic Development Authority" (Senate, No. 2367).
The bill was read. There being no objection, the rules were suspended, on motion of Mr. Nuciforo, and the bill (Senate, No. 2367) 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.

Order Adopted.

On motion of Mr. Norton,—
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.



Adjournment in memory of Former Senator Francis D. Doris

Mr. Birmingham moved that when the Senate adjourns today, it adjourn in memory of former Senator Francis D. Doris, who died on Thursday, December 10, 1998. Former Senator Doris served in the Revere City Council from 1971-1973, the Massachusetts House of Representatives from 1973-1978, and the Massachusetts Senate from 1979-1990. This motion prevailed.
Accordingly, as a mark of respect to the memory of former Senator Francis D. Doris, at eighteen minutes past eleven o'clock A.M., on motion of Mr. Tisei, the Senate adjourned to meet the following Thursday at eleven o'clock A.M.