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 28, 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).

Papers from the House.

The report of the University Counsel of Northeastern University (under Section 2 of Chapter 645 of the Acts of 1986) relative to a summer boating program and a scholarship program established by said university under the terms of a lease of a certain parcel of land in the city of Boston (having been sent by the House to the Senate for its information),— was returned to the House to be placed on file.

A Bill making appropriations for the fiscal year 1999 to provide for supplementing certain existing appropriations and for certain other activities and projects (House, No. 5907, amended),— on House, No. 5902),— was read and, under Senate Rule 27, referred to the committee on Ways and Means.

A Bill relative to filling vacancies in the office of mayor of the city of Chicopee (House, No. 5880,— on petition) [Local approval received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

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 date of town elections in the town of Stoughton (House, No. 5875),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Resolutions.

Resolutions (filed by Messrs. Keating and Creedon) "congratulating Suzanne Rivard upon her retirement as assistant principal at Oliver Ames High School in the town of Easton", 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 Mr. Shannon, and adopted.

Resolutions (filed by Mr. Magnani) "honoring Arthur D. Stefanini on the occasion of his seventieth birthday", 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 Mr. Shannon, and adopted.

Resolutions (filed by Ms. Melconian) "congratulating the Bethel African Methodist Episcopal Church of Springfield on the occasion of its one hundredth anniversary", 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 Mr. Shannon, and adopted.

Resolutions (filed by Mr. Rauschenbach) "congratulating Lieutenant Sherburne Merrill Valli of the Wellfleet Police Department on the occasion of his retirement", 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 Mr. Shannon, and adopted.

Resolutions (filed by Mr. Tisei) "commending Andrew John Schweihs on earning the Eagle Scout Award", 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 Mr. Shannon, and adopted.

Reports of a Committee.

By Mr. Rosenberg, for the committee on Ways and Means, that the Senate Bill to establish a state karate commission (Senate, No. 1120), ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 2372).
There being no objection, the rules were suspended, on motion of Ms. Fargo, and the bill was read a second time, and was amended, as recommended by the committee on Ways and Means. The new draft (Senate, No. 2372) was ordered to a third reading, read a third time and passed to be engrossed.
   Sent to the House for concurrence.

By Mr. Rosenberg, for the committee on Ways and Means, that the House Bill relative to the optional retirement program for certain public employees (House, No. 2193) ought to pass, with amendments in section 4 (as printed), in line 22, by striking out the word "each", and inserting in place thereof the word:— which; and by striking out the sentence in lines 24 to 32, inclusive, and inserting in place thereof the following sentence:—
"The Massachusetts Parking Authority, the metropolitan area planning council, the Massachusetts State College Building Authority, Worcester county, the county cooperative extension service of Suffolk county, local housing authorities and redevelopment authorities, and all other non-state-funded agencies and authorities shall reimburse the commonwealth for all contributions made on behalf of their employees and retirees including the applicable administrative expense as determined by the commission."
There being no objection, the rules were suspended, on motion of Ms. Murray, and the bill was read a second time, and was amended, as recommended by the committee on Ways and Means. The bill, as amended was ordered to a third reading, read a third time and passed to be engrossed.
   Sent to the House for concurrence in the amendments.

By Mr. Rosenberg, for the committee on Ways and Means, that the House Bill relative to liability insurance for day care facilities (House, No. 5344), ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Bernstein, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

By Mr. Rosenberg, for the committee on Ways and Means, that the House Bill relative to technical assistants in Hampden County (House, No. 4245), ought to pass, with an amendment, striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2374; and by striking out the title and inserting in place thereof the following: "An Act relative to technical assistants."
There being no objection, the rules were suspended, on motion of Mr. Knapik, and the bill was read a second time, and was amended, as recommended by the committee on Ways and Means. The bill, as amended, was ordered to a third reading, read a third time and passed to be engrossed.
   Sent to the House for concurrence in the amendments.

Mr. Rosenberg, for the committee on Ways and Means, on House, No. 5114, reported, in part, a "Bill relative to the jurisdiction of the Juvenile Court Department" (Senate, No. 2375).
The bill was read. There being no objection, the rules were suspended, on motion of Mr. Shannon, and the bill (Senate, No. 2375) 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.

By Mr. Rosenberg, for the committee on Ways and Means, that the House Bill relative to granting cost of living adjustments to non-contributory retirees (House, No. 5469), ought to pass, with an amendment, inserting before Section 1 the following:—
"SECTION 1. Subdivision (1) of section 4 of chapter 32 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by inserting after paragraph (o) the following paragraph:—
(o½) Any member, eligible to receive a retirement benefit pursuant to the provisions of this chapter, who served as a library trustee for a city or town, in which position he received no compensation, may establish credit for such service by depositing in the annuity savings fund of the system of which he is a member during such period if such position had been compensated at the rate of $2,500 per year, plus regular interest to the date of payment. This paragraph shall apply only to persons who served as library trustees in a city or town that has accepted or thereafter accepts this paragraph, in a town by vote of the annual town meeting and in a city by vote of the city council subject to the provisions of its charter."
There being no objection, the rules were suspended, on motion of Ms. Murray, and the bill was read a second time, and was amended, as recommended by the committee on Ways and Means. The bill, as amended, was ordered to a third reading, read a third time and passed to be engrossed.
   Sent to the House for concurrence in the amendment.

By Mr. Rosenberg, for the committee on Ways and Means, that the House Bill relative to the Division of Law Enforcement (House, No. 89), ought to pass, with an amendment, striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2373.
There being no objection, the rules were suspended, on motion of Mr. Bernstein, and the bill was read a second time, and was amended, as recommended by the committee on Ways and Means. The bill, as amended, was ordered to a third reading, read a third time and passed to be engrossed.
   Sent to the House for concurrence in the amendment.

Papers from the House
Emergency Preamble Adopted.

An engrossed Bill protecting owners of certain land (see Senate, No. 805, 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 5 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:
Increasing the number and amending the method of election of members of the school committee of the city of Malden (see Senate, No. 2368); and
Directing the Somerville Retirement Board to retire Sean J. Canty, a police officer of the city of Somerville (see House, No. 5835, amended).
The Senate Bill reforming the tax laws of the Commonwealth (Senate, No. 2302),— came from the House passed to be engrossed, in concurrence, with an amendment, striking out all after the enacting clause and inserting in place thereof the text contained in House document numbered 5769.
The rules were suspended, on motion of Mr. Bernstein, and the House amendment was considered forthwith. The Senate NON-concurred in the House amendment.
   The bill was returned to the House endorsed accordingly.

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 regulation of dogs in the town of Seekonk (House, No. 5641),— 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 city of Holyoke to issue certain pension obligation bonds (House, No. 5863),— was read a second time.
Pending the question on ordering the bill to a third reading, Mr. Knapik moved that the bill be amended by adding the following two sections:—
"SECTION 5. The proceeds of any bonds or notes issued under authority of this act, other than amounts to be applied to issuance costs or other expenses, shall be transferred to the retirement system of the city of Holyoke, shall be allocated solely to reduce unfunded pension liability to which the bonds or notes relate, shall be invested in any investments which are permitted under chapter 32 of the General Laws, and shall otherwise be held and expended by the retirement board of the city of Holyoke in accordance with law.
SECTION 6. Notwithstanding the provisions of chapter 70 of the General Laws or of any other general or special law to the contrary, the portion of the annual debt service paid by the city of Holyoke for bonds or notes issued under authority of this act equal to the total of such annual debt service multiplied by the ratio of the portion of the unfunded pension liability funded by the proceeds of such bonds or notes related to non-teacher employees of the city of Holyoke public school system to the total such unfunded pension liability shall be included as net school spending of the city of Holyoke for the purpose of said chapter 70 or any other provision of law."
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.
   Sent to the House for concurrence in the amendment.

Paper from the House.

A Bill authorizing the town of Cohasset water department to provide water services to other cities, towns and entities (House, No. 5872,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Ms. Murray, and the bill 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 Cohasset Water Department to provide water services to other cities, towns and water companies."

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.


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