Journal of the Senate

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THE JOURNAL OF THE SENATE

OF THE YEAR

1996

PRINTED BY ORDER OF THE SENATE AND IN ACCORDANCE WITH THE PROVISIONS OF SECTION 10 OF CHAPTER 5 OF THE GENERAL LAWS.

BOSTON EAGLE GRAPHICS, INC., LEGISLATIVE PRINTERS 30 LANCASTER STREET 1996

JOURNAL OF THE SENATE.

At a General Court of the Commonwealth of Massachusetts, begun and holden at Boston on the first Wednesday, being the third day of January, in the year one thousand nine hundred and ninety- six, and the two hundred and twentieth of the independence of the United States of America, the following named members of the Senate, elected for a term of two years at an election held on the Tuesday next after the first Monday in November in the year 1994, assembled at four minutes past eleven o'clock A.M., in the Senate Chamber, and were called to order by the Honorable William M. Bulger, President of the Senate, to wit:

Hon. June M. Swift of North Adams in the Berkshire, Hampden, Hampshire and Franklin District.

Hon. Thomas C. Norton of Fall River in the First \ Bristol Hon. Mark C. Montigny of New Bedford in the Second J Districts.

Hon. Henri S. Rauschenbach of Brewster in the Cape and Islands District.

Hon. Edward J. Clancy, Jr.. of Lynn in the First I Hon. Frederick E. Berry of Peabody in the Second > Essex Districts. Hon. James P. Jajuga of Methuen in the Third )

Hon. Bruce E. Tarr of Gloucester in the First I Essex and Hon. John D. O'Brien of Andover in the Second J Middlesex Districts.

Hon. Linda J. Melconian of Springfield in the Hampden District.

Hon. Brian P. Lees of East Longmeadow in the First \ Hampden and

Hon. Michael R. Knapik of Westfield in the Second J Hampshire Districts.

Hon. Stanley C. Rosenberg of Amherst in the Hampshire and Franklin District.

Hon. Daniel P. Leahy of Lowell in the First \ Hon. Charles E. Shannon of Winchester in the Second I Middlesex Hon. Richard R. Tisei of Wakefield in the Third / Districts. Hon. Robert A. Havern of Arlington in the Fourth I Hon. Lucile P. Hicks of Wayland in the Fifth /

Hon. Lois G. Pines of Newton in the First Middlesex and Norfolk District.

Hon. David P. Magnani of Framingham in the Middlesex, Norfolk and Worcester District.

Hon. Warren E. Tolman of Watertown in the Middlesex and Suffolk District.

Hon. Thomas F. Birmingham of Chelsea in the Middlesex, Suffolk and Essex District.

Hon. Robert A. Durand of Marlborough in the Middlesex and Worcester District.

Hon. Cheryl A. Jacques of Needham in the Norfolk, Bristol and Middlesex District.

Hon. William R. Keating of Sharon in the Norfolk, Bristol and Plymouth District.

Hon. Michael W. Morrissey of Quincy in the Norfolk and Plymouth District.

Hon. Marian Walsh of Boston in the Norfolk and Suffolk District.

Hon. Therese Murray of Plymouth in the Plymouth and Barnstable District.

Hon. MichaeMarc Rl. CPachec. Creedoo onf Tauntoof Brockton n in the SeconFirst d \| BristolPlymouth Districts. and Hon. Robert L. Hedlund of Weymouth in the Plymouth and Norfolk Districi.

Hon. William M. Bulger of Boston in the First Suffolk Hon. Dianne Wilkerson of Boston in the Second Districts.

Hon. Robert E. Travaglini of Boston in the Suffolk and Middlesex District.

Hon. W. Paul White of Boston . . in the Suffolk and Norfolk District.

Hon. Robert A. Bernstein of Worcester in the First Worcester Hon. Matthew J. Amorello of Grafton in the Second Districts.

Hon. Robert D. Wetmore of Barre in the Worcester, Hampden, Hampshire and Franklin District.

Hon. Robert A. Antonioni of Leominster in the Worcester and Middlesex District.

Hon. Louis P. Bertonazzi of Milford in the Worcester and Norfolk District.

Pledge of The President, the Senators, guests and employees then recited allegiance. the pledge of allegiance to the flag.

Mr. Lees asked unanimous consent to make a statement; and there being no objection, he addressed the Senate as follows: Statement History books, columnists, and political pundits seldom have of the used the word "kaleidoscope" to describe a legislative body like the Honorable Brian P. Lees. Massachusetts State Senate. But seven full years on the floor of this Chamber and in the corridors of this State House have convinced me that the term "kaleidoscope" does indeed capture the volatility, variety and versatility of the Senate and its members better than any single word. WITH ONE STARTLING CAVEAT — YOU — MR. PRESIDENT! Here, for 18 years, one color, one characteristic, one continuum has been present, and almost always dominant — no matter how many times the Massachusetts Senate kaleidoscope has turned: You are the dean of the Senate, Mr. President. You have been its driving presence and force far longer than any other presiding officer in the 216 year history of this Senate. Your legislative service on Beacon Hill has spanned 8 Governors, 9 Lt. Governors, 6 United States Senators, and more than one thousand representatives and senators. My only regret, Mr. President, is that we Republicans have not been resourceful and resilient enough to change the membership of the Senate to see how skillfully you would have functioned as a Minority Lecider\ Of one thing I am certain, you would have kept a Republican majority on its toes and you would have certainly tested its mettle. You have been a worthy and honorable adversary. In debate and on the field of legislative battle when tactics and strategy come to the fore, you have always risen to the highest level. And history will recall that you were big enough, wise enough, and truly civil and civic-minded when you forged a working alliance with Governor Weld, Lt. Governor Cellucci and the Republican members of this Senate when the Commonwealth needed bi-partisan leadership with a capital "B" during those dark days of debt and drift in 1991 and 1992. Your fairness and courtesy have been hallmarks of your tenure as President of the Senate. Calvin Coolidge also served as President of this Senate and his tenure was marked by the same combination of wit, wisdom and powerful leadership. One day when Mr. Coolidge was presiding, one Senator became so enraged at another during debate that he told him to "go to hell." Indignation filled the chamber and Coolidge gaveled the Senate into recess. After listening to his angry Senatorial cohorts propose all sorts of political penalties for the ill-tempered Senator Coolidge suggested that the matter be addressed by the only presiding officer with authority to resolve it — the Senate President He reconvened the Senate and asked the hot-headed Senator to stand! A hush fell over the Senate as it awaited the punishment. Coolidge eyed the Senator and solemnly said, "I have examined the Constitution and the Senate rules, and there's nothing in them that compels vou to go." While there is nothing in either the Constitution or the Senate rules today that compels you to go, on behalf of myself, the Republican members and all the members of this body, I congratulate you on your past successes and wish you well on the new challenges you are about to meet head-on. And. Mr. President, some day when you're dealing with the faculty and staff at the University of Massachusetts and you're frustrated and upset, just remember those four magic words which have always made you stop, listen and know the errors of your ways: "Give me a break!" Good luck and god-speed, Mr. President!

Resignation. The Clerk read the following communication from the Honorable William M. William M. Bulger, President of the Senate:— Bulger,— Resignation as President. OFFICE OF THE PRESIDENT MASSACHUSETTS SENATE STATE HOUSE, BOSTON 02133-1053

January 3, 1996. Mr. Edward B. O'Neill Clerk of the Massachusetts Senate State House Boston, Massachusetts 02133

Dear Mr. O'Neill: I have this day resigned from the position of President of the Senate.

Sincerely, WILLIAM M. BULGER, President of the Senate. The communication was placed on file. Mr. Bulger, the eldest senior Senator, thereupon assumed the duties of the Chair.

Election of a President. The Senate then proceeded to the election of a President. Statement,— There being no objection, Mr. Bulger made the following state- Honorable William M ment, and placed in nomination for President, Mr. Birmingham of Bulger. Middlesex, Suffolk and Essex, to wit: It has been my great privilege to serve in this Legislature since 1961 — longer than some of my present colleagues have been alive. I have spent a generation in this chamber. So many faces long gone, and so many echoes from so many yesterdays, are with me as I stand here now. Memories in the theater of the past are poignant ... All the players are there, all the dramas, the comedies and the occasional tragedies . . . the campaigns, the elections, the important speeches, the key caucuses, the critical debates . . . They are all there ... I recall the friends with fondness, and I regard no colleague, past or present, as a foe . . . This show has had a long, long run. Through it all I have been sustained by my family — by Mary, my wife, and by our nine children. Without their loyalty I would have been lost. I know there were times when they felt pain from political attacks on me — attacks that I ignored, but they could not. Still, they never flinched — and they never asked me to either. I am deeply grateful for the unwavering support of my constituents. I knew I owed them my judgment, and that blind obedience to their opinions would be a betrayal of that duty. Clearly, they approved that view. Their constancy and trust made all my years of service possible. It has been a grand time and I have enjoyed it, every minute of it Still, everything in our lives reflects our mortality — and so I knew even from the beginning of it all, that it, too, would have its end.' That realization has never saddened me because my colleagues — by electing me as their President for the better part of two decades - have enabled me to decide when to go It was always my thought, as I once wrote in another context that when I felt the time to leave had arrived, it would be good to go quickly and with a decent grace. I should, as it were, hafe to linger in the doorway like an awkward guest, like one who ¿ould not'bring himself to say his thanks ... bid a cheerful farewell and he on his way ... ' ' ' allu uc u" Therefor, I thank you for the honor and joy I have had in with you — with my colleagues on both sides of the aisle servlng And I bid you a cheerful farewell . . . and will be ab since I intend to resign this day as President of the Semt»^*^; soon resign from the Senate itself. ate and wl" I am not leaving public life. I am simply changing the In accepting the Presidency of the University of Massachusett^i"116' an enormous opportunity for service to our Commonwealth S SCC Among my last duties from this rostrum is to declare nominations for President of the Massachusetts Senate open. I offer in nomination the name of Thomas Birmingham, the Senator from Suffolk, Essex and Middlesex who is so well known to you as your, our, Chairman of Ways and Means — thirty-five years ago, on a cold January day, I heard the poet Robert Frost advise John F. Kennedy be more Irish than Harvard; today this advisor suggests to his friend, Tom Birmingham, be more Chelsea than Harvard or Oxford. The Senator brings enormous gifts to the high office of President; he is courageous, eloquent, the soul of integrity ... 1 urge you to consider his candidacy favorably ... he is most worthy of your every confidence. I have known him and his parents ... for many years, Selma, his wife, Agnes, his mother, Megan and Erica, his daughters. There will be some exceedingly trying times ahead. In Tom Birmingham we have a man of demonstrated loyalty, to his colleagues, his constituents and to the institution of the Senate itself where he has discharged his general responsibility to the Commonwealth with special distinction. Subsequently, on motion of Mr. Havern, the above statement was Ordered ordered printed in the Journal of the Senate. printed.

The nomination of Senator Birmingham as President of the Nominations. Senate was seconded by Ms. Jacques and Mr. Durand. Mrs. Hicks placed in nomination for President, Mr. Lees of Hampden and Hampshire; and this motion was seconded by Mr. Rauschenbach. On motion of Mr. Clancy, the nominations were closed.

At eighteen minutes before twelve o'clock noon, the roll was Election called, and the following named members voted for Thomas F. ofthe President. Birmingham of Middlesex, Suffolk and Essex:

Antonioni, Robert A. Melconian, Linda J. Bernstein, Robert A. Montigny, Mark C. Berry, Frederick E. Morrissey, Michael W. Bertonazzi, Louis P. Murray, Therese Birmingham, Thomas F. Norton, Thomas C. Bulger, William M. O'Brien, John D. Clancy, Edward J., Jr. Pacheco, Marc R. Creedon, Michael C. Pines, Lois G. Durand, Robert A. Rosenberg, Stanley C. Havern, Robert A. Tolman, Warren E. Jacques, Cheryl A. Travaglini, Robert E. Jajuga, James P. Walsh, Marian Keating, William R. Wetmore, Robert D. Leahy, Daniel P. White, W. Paul Magnani, David P. Wilkerson, Dianne — 30.

The following named members voted for Brian P. Lees of First Hampden and Hampshire:

Amorello, Matthew J. Rauschenbach, Henri S. Hedlund, Robert L. Shannon, Charles E. Hicks, Lucile P. Swifl, Jane M. Knapik, Michael R. Tarr, Bruce E. Lees, Brian P. Tisei, Richard R. — 10. Election The roll call having been completed at thirteen minutes before of the twelve o'clock noon, the Chair announced the results of the votes President. as follows: Whole number of votes 40 Necessary for a choice 21 Thomas Birmingham of Middlesex, Suffolk and Essex had . . 30 Brian P. Lees of First Hampden and Hampshire had 10 And Mr. Birmingham was declared elected President of the Senate. Mr. Lees moved that it be the sense of the Senate that the vote for Thomas F. Birmingham for President should be made unanimous and that this expression of opinion be made a part of the records of the Senate. There being no objection, this motion was entertained; and it was unanimously adopted. Mr. Birmingham was escorted to the Chair by Senators Wetmore of Worcester, Hampden, Hampshire and Franklin, Melconian of Hampden and Rauschenbach of the Cape and Islands.

The President then addressed the Senate, as follows:

President's Salutations address. I am acutely conscious, as all of us must be, of just how rare today is. The word "historic" is over-used, but an appropriate one to describe this day. For 17 years one man has presided over this Chamber; indeed the name William Bulger has become synonymous with the title "Senate President." Today, after serving this institution with grace, intelli- gence and wit, William Bulger has stepped down from the rostrum, and the gavel has been passed through your collective decision to me, and in a sense to a new generation. I joined this Senate just 5 years ago. Fully 2h of us have served here for only that long or even less. But given the brevity of my tenure in office, I am humbled and thankful, beyond my ability to express, for the confidence you my fellow members have shown in me. As grateful as I am to you for choosing me as your leader, as excited as I am about the extraordinary opportunities awaiting us all, I confess to feeling mixed emotions at this moment, because my ascension coincides with the departure of my closest colleague, my best friend in the Senate, William Bulger. The ambivalence I am experiencing is, I suspect, shared by all of us. Most of us find it hard even to imagine what this institution will be like without him. Will the temperature in the Chamber continue to be kept at meat locker levels? Will magnanimous, or even worse that tongue-twister "magna- nimity" be the word the Chair most often uses to characterize his own rulings? Will a boys regular continue to be the haircut of choice for your presiding officer? Will we really hang his conservative blue pin-striped suit from the beak of the eagle above me like a #33 hoisted to the rafters? These are some of the unresolved matters of real consequence that must render us anxious. But all joking aside, we have all come to rely on the presence of William Bulger and his leadership, secure in the knowledge that his experience and innate good judgment would help guide us through the crisis of the day. We are all diminished and the Senate will be diminished by his departure. This is not meant as a valedictory — we do not have world enough and time for one here today — and frankly, there is no need for one, as I'm certain in his capacity as President of the University of Massachusetts, we will happily be seeing a lot of him. But when the Senate itself will see the likes of a William Bulger again, that is another question. It may be traditional in an address such as this to catalogue the public accomplishments of one's predecessor. I'll leave that to others. Indeed. I believe the definitive text will go on sale at local bookstores on March 17. I would like, however, to say a few words more about William Bulger, not the Senate President, but the person. I have often said that there is not a man in political life about whom there is a greater disparity between the public image and the real person than William Bulger. As any true leader, he does tend to polarize. Is there anyone in this state who is simultaneously more vilified and more venerated than he? Yet it is surely telling that those who know him best are among his greatest admirers. That is why he was returned to office for over three decades by his neighbors in South Boston, and that is why we have elected him to lead this body for 17 years, a record that will never be replicated. The poet William Wordsworth once wrote about "that best portion of a good man's life, his little, nameless unremarked acts of kindness and of love." By this standard, William Bulger is a very good man indeed. Let me share with you one exceedingly private example at the risk of embarrassing him. (I dare say most members of the Senate could tell a similar story.) My father. Jack Birmingham was a friend of William Bulger's. He died of cancer in 1985, years before I even considered getting into politics. In the last months of my father's life, William Bulger was often at my parents' house, visiting for long hours with his friend who was on the bed we had set up in the living room. It was a better tonic than anything prescribed by the skilled doctors who treated my father. Bulger had absolutely nothing to gain politically from these private trips to Chelsea, made despite an unconscionably demanding schedule. He came because that is just the type of person he is. And perhaps that is one reason why he has enjoyed such longevity and President's success in public life. His example set such a high standard and that address. ¡s wj1y ^ js sucj1 a daunting act to follow. Because those of us who really know him, recognize, that despite his legion of critics, that he's better than the whole damned bunch. I have taken the liberty of mentioning my father, who I hope is looking down on us from some perch up above. It you would indulge me further, I would also like to introduce other members of my family who are literally looking down on us from the back of the Chamber. My mother-in-law, Gertrude Botman. My sister Nancy, a school teacher in Chelsea, my brother Jim, a Chelsea firefighter, with his wife Jen. My daughters, Erica and Megan, with whom most of you are acquainted because on school vacations I shameless exploit them to work in my office in violation of all child labor laws recognized in civilized societies. My mother — What can I say about my mother other than in Chelsea I will always be known as Agnes' son — an appellation I wear with pride. And finally and with the deepest love and affection, let me introduce my teenage sweet- heart, the person whom I have shared my life with, from Chelsea to Oxford and back again, my wife, the incomparable and irreplaceable Selma. That is my family, but we are also a type of family. There are 6,000,000 people in the state of Massachusetts but we in the Senate number only 40. We are "the few, the happy few, we are a band of brothers and sisters." Like a family, we are bounded by history, duty, love . . . and mandatory interaction. And it's no secret that families fall into — as that TV show I think was called — Family Feuds. Well, we have had our feuds. Let them stop now. For all of our differences, I believe that one thing that attracted each of us to this institution, what makes "Senator" such a coveted title, is our small number. Each of us can and should play a central role in shaping the public policies of the Commonwealth. This is the privilege and responsibility of every one of us. We will disagree on matters of deeply held principle, but we must always proceed from the implicit assumption that each of us is acting in good faith and with good will. The Minority Leader Brian Lees is one of us who personifies these values. In my capacity as Chair of Ways and Means, the Minority Leader and I have often served as institutional foils for one another. We have probably disagreed publicly more often than two others in this Chamber. But the Minority Leader has always been constructive in his remarks and cooperative in his actions. He remains a friend to me and, more importantly, to this institution. As I stand, I was touched and taken back by the exceedingly poignant and generous remarks of the Majority Leader. But on a reflection, I shouldn't be surprised because those remarks are absolutely characteristic of the way the Majority Leader has conducted himself throughout his tenure in the legislature and particularly throughout his tenure here in the Senate. He has always put the interest of the institution above any personal ambition, and I think both the Majority Leader, Lou Bertonazzi, and the Minority Leader, Brian Lees, provide us with examples that we ought to emulate. For ours is an enterprise that functions best through addition and multiplication of our talents, not through subtraction and never through division. This whole, this Senate, must never be less than the sum of its parts. For we have an important job to do. In an era when it is fashionable to stress what government cannot do, we ought not be reticent about proclaiming what government, and government alone can do. Education Reform is Exhibit A. It should be the source of our greatest institutional pride that we in the Senate and we alone have consistently, fully funded the commitment made to our children in the Education Reform Act of 1993. This is not an altruistic gesture, but it is an investment that a self- interested society will make to protect its standard of living and enhance its quality of life. We must not renege on this promise, which is a paradigm of the type of legislation I hope we will continue to fashion — legislation benefiting the middle class and working people who constitute the backbone of this Commonwealth, who pay the lion's share of the taxes but get perhaps less than their fair share in return. For all of our lived experiences, it has been possible for hard working people in this country and in this state to achieve a middle- class standard of living: to buy a house, to send kids to college, to look forward to a retirement of dignity and decency and security. For too many of our constituents, this basic tenet of the American Dream is becoming a dream in the worst sense, that of an unobtain- able fantasy. We must demonstrate not through our words, but by our actions, that government in general and the Senate in particular is indivisibly committed to protecting the well-being and forwarding the interests of the decent, hard-working people who elect us all. For we are a society, not just an economy. The role of government is more exalted than merely serving as the infrequent arbiter between those trying to cut the best deal for themselves. The cynics, the nay-sayers, the mean-spirited we will always have with us; those who disparage government itself and demean those in public service. I will not acquiesce in this perverse, and ultimately self-hating notion of who we are as a society and a democracy and who we, who serve in this chamber, are as people. As your presiding official, I will not sleep, I will not rest until we tell our too-often untold "good news" stories and I will shout it from the roof tops if that is what it takes, because ours is a noble and most honorable calling. And that just isn't said enough. I would be remiss if I didn't acknowledge my constituents and my local supporters some of whom are here today. To the people of Chelsea, Charlestown, Everett, Cambridge and the rest of my district, I owe you an unspeakable debt of gratitude for letting me rep- resent you here. Thank you from the bottom of my heart . . . I anticipate we will have a Jacksonian celebration today. President's But to you, my colleagues, I owe a greater statement of thanks address. than to anybody else. You have bestowed a greater honor on me today than I perhaps deserve. As I said before, like most of you I've served here only 5 years. This may be a disadvantage, but it also can be an advantage. We have not developed entangling alliances, we will not play the Gulliver tied down by a thousand, Lilliputian, strings. Indeed, William Bulger's legacy itself prominently includes the protection of the independence and stability of the Senate. We must guard such prerogatives jealously. In this regard, I hope and expect there will be more continuity than change in this body, but change there inevitably will be. Help me to make this the best Senate it can be. I need your help; I will rely on you for your assistance; I will also challenge you to make the hard choices that are the lot of conscientious legislators. But let us go forward with civility toward one another and in a spirit of collegiality and camaraderie. For ultimately, we are all in this together. But for today let me end by simply saying thank you to each of you individually and to all of you collectively for this extraordinary opportunity. I will do my best to live up to your expectations. Thank you very much, one and all. Ordered On motion of Mr. Magnani, the address of the President was printed. ordered printed in the Journal of the Senate.

Mr. Lees asked unanimous consent to make a statement; and, there being no objection, he addressed the Senate as follows: Statement of I want to congratulate you, Mr. President, on being elected to the Brian p. Lees. esteemed office of Senate President. Please accept my best wishes and the wishes of the entire Republican caucus for a productive year as the new leader of this body. Mr. President, the Senate, as a whole, is indeed the true winner of your ascendancy to the Chair. Your hard work during the past few years as Senate Ways and Means Chair has demonstrated a rare combination of intellect and common sense. While others may praise your rhetorical flourishes, let me applaud your hard work on behalf of Education Reform and the high standards which you have set for this entire Senate during the budget process. Your work ethic has become a benchmark for every Senator — we should all strive for this same approach to the nuts-and-bolts of governing. This is the start of my eighth year in the Senate; I have seen many colleagues, of great stature, leave these hallowed halls. Today, I look around and see a truly talented group of public servants who have entered public life and seek to answer the current challenges. Without exception, we all must remember: we are elected to serve the people of our districts and the people of the Commonwealth to the best of our ability. Without a doubt, we will disagree on occasion as to what is right. We, in the minority, have enjoyed the past challenge of speaking'out on these differences and look forward to the continued opportunity to work toward solutions. In the past, we have learned that we can disagree on this Senate floor without being disagreeable. 1 have no doubt that this honest and effective policy will continue. Without resort to political camps and ideological stripes, we all should be guided in our daily debates by one unalterable premise: our work affects people's lives directly! While this may seem daunting at times we must remember that the end result of our hard work is well worth the effort. We must continue to strive to make a difference. Since I first entered public life, I have insisted that one person can make a difference. Here, in this Senate chamber, we have col- lected a diverse assortment of backgrounds and viewpoints. Each Senator, in turn, represents thousands of citizens who likewise pos- sess unique backgrounds, viewpoints, hopes and dreams. While the public problems which face the Commonwealth are daunting at times, each person in this chamber heartens my hope that they will be solved with leadership, intellect and good sense. We are limited in what we can achieve only by our vision of the world. In Columbus' day, the new world was America; thirty years ago, the new world was the moon; now, it's something called the Internet. Only a few brave souls could have imagined that these "new worlds" were reachable. In this spirit, then, let us strive for great accomplishments in this Senate. Thomas Jefferson once said, "A wise and frugal government, which shall restrain men from injuring one another, which shall leave them otherwise free to regulate their own pursuits of industry and improvement, and which shall not take from the mouth of labor the bread it has earned — that is the sum of good government." This eloquent statement of what government should be was heard again in Massachusetts in 1979 on the occasion of the last change in Senate leadership. Senator Bulger wisely reiterated these words upon his first election as Senate President — may we continue to listen to his good counsel under your new and able leadership. We, in the Republican minority, look forward to rolling up our sleeves and working with you, Mr. President, and all the members of this body. May 1996 be a year when we all reach far and succeed in making Massachusetts government both "wise and frugal." On motion of Mrs. Swift, the above statement was ordered Ordered printed in the Journal of the Senate. printed.

Order Adopted. On motion of Mr. Norton,— Ordered, That a committee be appointed to inform the House of Notification of House,— Representatives that the Senate is now assembled and has elected election of the Honorable Thomas F. Birmingham as President to fill the Thomas F. Birmingham as vacancy caused by the resignation of the Honorable William M. President. Bulger. Senators Jajuga of Essex, Melconian of Hampden, Travaglini of Suffolk and Middlesex, Hicks of Middlesex and Knapik of Hampden and Hampshire were appointed the committee. Subsequently, Mr. Jajuga, for the committee, reported that the committee had performed the duties assigned to it. The report was accepted and the committee was then discharged by the Chair.

Notification Notice was received from a committee of the House that the House from House of organization. was assembled and ready to proceed to business. Orders Adopted. On motion of Mr. Leahy,— Governor Ordered, That a committee be appointed to inform His notified. Excellency the Governor and the Honorable Council that the Senate is assembled and has elected the Honorable Thomas F. Birmingham as President to fill the vacancy caused by the resignation of the Honorable William M. Bulger. Senators Magnani of Middlesex, Norfolk and Worcester, Murray of Plymouth and Barnstable, Wilkerson of Suffolk, Tisei of Middlesex and Amorello of Worcester were appointed the committee. Subsequently, Mr. Magnani, for the committee, reported that the committee had performed the duties assigned to it. The report was accepted and the committee was then discharged by the Chair.

On motion of Mr. Montigny,— Daily Ordered, That the Clerk begin the printing of the Journal of the printing of Senate Senate, as authorized by Senate Rule 6, and that the daily reading Journal. thereof be dispensed with; that, under the authority of Section 10 of Chapter 5 of the General Laws, copies of the Journals of the entire session be printed and bound with the customary appendices and an index; and that a certified copy thereof be deposited with the Secretary of the Commonwealth as the official Journal of the Senate.

On motion of Mr. Rosenberg,— Time of Ordered, That when the Senate adjourns today, it adjourn to meet meeting. tomorrow at eleven o'clock A.M., and that the Clerk be directed to dispense with the printing of the calendar.

Communication.

Honorable The following communication was received and placed on file, William M. Bulger,— to wit: resignation. COMMONWEALTH OF MASSACHUSETTS MASSACHUSETTS SENATE STATE HOUSE, BOSTON 02133-1053 January 3, 1996. Honorable Thomas F. Birmingham President of the Seriate State House Boston, MA 02133 Dear Mr. President: I, William M. Bulger, hereby respectfully resign as State Senator from the First Suffolk Senatorial District. 1 take this action so that 1 may assume the responsibilities of the position of President of the University of Massachusetts, in accordance with the vote of the Board of Trustees of that institution at its meeting of November 28, 1995. Sincerely, WILLIAM M. BULGER, Senator.

At seventeen minutes before one o'clock P.M., on motion of Mr. Rosenberg, the Senate adjourned to meet on the following day at eleven o'clock A.M. Thursday, January 4, 1996. Met at two minutes past eleven o'clock A.M.

Petitions. Petitions were presented and referred, as follows: Nahant,— By Mr. Clancy, a petition (accompanied by bill, Senate, borrow funds. No. 2145) of Edward J. Clancy, Jr., and Thomas M. McGee (by vote of the town) for legislation to authorize the town of Nahant to borrow money to fund certain wastewater treatment facility improvements [Local approval received]; Under Senate Rule 20, to the committee on Local Affairs. Sent to the House for concurrence.

Telephone By Mr. Leahy, a petition (subject to Joint Rule 12) of Daniel P. service,— Leahy for legislation to protect telephone consumers from certain fees. fees; and Collection By the same Senator, a petition (subject to Joint Rule 12) of agencies,— information. Daniel P. Leahy for legislation to limit the release of information by collection agencies; Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of a Committee. Mr. Clancy, for the committee on Steering and Policy, reported that the following matters be placed in the Orders of the Day for the next session: The House bills Steering Further regulating certain notice requirements of the wetland and Policy protection law (House, No. 1350); and reports. Relative to tenant members of housing authorities (House, No. 5657).

Order Adopted. Mr. Clancy presented the following order, and, there being no objection, the order was considered forthwith and adopted, to wit: Steering Ordered, That the provisions of any order previously adopted and Policy,- granting extensions to the committee on Steering and Policy shall be reporting extension. suspended for the period commencing forthwith through January 31, 1996; that the provisions of Senate Rule 12B requiring the committee on Steering and Policy to report not later than thirty days following the day any matter was referred to it shall be suspended for the period commencing forthwith through January 31, 1996; and that the provisions of Senate Rule 12B requiring the committee on Steering and Policy to report not later than thirty days following the day any matter was referred to it shall not apply to any matter referred henceforth until January 31, 1996. PAPERS FROM THE HOUSE. The following reports (having been sent by the House to the Senate tor its information) were severally returned to the House to be placed on file, to wit:

Special report of the Department of Public Health (under Bridgewater,- Section 20 of Chapter 111 of the General Laws) of its findings and Treatment recommendations as a result of an inspection of the Massachusetts Center. Treatment Center located in the town of Bridgewater; Special report of the Department of Public Health (under Framingham,— Section 20 of Chapter 111 of the General Laws) of its findings and correctional recommendations as a result of an inspection of the Massachusetts institution. Correctional Institution located in the town of Framingham; Special report of the Department of Public Health (under Framingham,— Section 20 of Chapter 111 of the General Laws) of its findings and Ilodder House Pre-Release recommendations as a result of an inspection of the Hodder House Center. Pre-Release Center located in the town of Framingham; Special report of the Department of Public Health (under Framingham,— Section 20 of Chapter 1 11 of the General Laws) of its findings and Pre-Release recommendations as a result of an inspection of the South Middlesex Center. Pre-Release Center located in the town of Framingham; and Special report of the Department of Public Health (under Walpole,— Section 20 of Chapter 111 of the General Laws) of its findings and correctional recommendations as a result of an inspection of the Massachusetts institution. Correctional Institution (Cedar Junction) located in the town of Walpole.

Order Adopted. The following House Order (approved by the committees on Rules of the two branches, acting concurrently) was considered forthwith, under a suspension of the rules, moved by Ms. Murray, and adopted, to wit: Ordered, That, notwithstanding the provisions of Joint Rule 10, Joint joint standing committees and the committees on Rules of the two committees,— reporting branches, acting concurrently, be granted until Wednesday, extension. January 31, 1996, within which to make reports on all matters referred to them.

Petitions were referred, in concurrence, as follows: Petition (accompanied by bill, House, No. 5726) of Pamela P. Workers' Resor relative workers' compensation; compensation. Under suspension of Joint Rule 12, to the committee on Commerce and Labor. Petition (accompanied by bill, House, No. 5727) of Pamela P. Foster parents,— Resor, Kay Khan, John A. Businger, Carol A. Donovan, Paul education Kollios and Harold P. Naughton, Jr., for legislation to establish a assistance. foster parent education assistance program; Under suspension of Joint Rule 12, to the committee on Education, Arts and Humanities. Order Adopted. On motion of Ms. Wilkerson,— Time of Ordered, That when the Senate adjourns today, it adjourn to meet meeting. 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 Ms. Melconian, at seven minutes past eleven o'clock A.M., the Senate adjourned to meet on the following Monday at eleven o'clock A.M. Monday, January 8, 1996. Met at three minutes past eleven o'clock A.M.

COMMUNICATIONS.

The following communication, which was received in the oft ice Honorable of the Clerk of the Senate on Friday, January 5, 1996, was placed on Bertoiîazzi file to wit: resignation.

COMMONWEALTH OF MASSACHUSETTS SENATE MAJORITY LEADER STATE HOUSE. BOSTON 02133-1053

January 5, 1996. Mr. Edward B. O'Neill Clerk of the Massachusetts Senate State House Boston. Massachusetts 02133

Dear Mr. Clerk: I hereby notify you that I am resigning from the Massachusetts Senate effective as of the close of business on this day, January 5, 1996. I wish to express my deep appreciation to you and the entire staff for all of the assistance and support you have given me during my tenure in the Senate. Sincerely,

LOUIS P. BERTONAZZI, Worcester and Norfolk.

Appointments.

The President made the following appointments: Majority party Majoritx Floor Leader. — Senator Norton of Bristol. leadership Assistant Majority Floor Leader. — Senator Melconian of appointments. Hampden. 2nd Assistant Majority Floor Leader. — Senator Durand of Middlesex and Worcester. Senate Standing Committees.

Rules. — The President, Senators Norton of Bristol, Rosenberg of Senate Hampshire and Franklin and Clancy of Essex. Committees. Senate Ways and Means. — Senators Rosenberg of Hampshire and Standing Committees. Franklin, Wetmore of Worcester, Hampden, Hampshire and Franklin, Creedon of Plymouth and Bristol, Magnani of Middlesex, Norfolk and Worcester, Jacques of Norfolk, Bristol and Middlesex, Jajuga of Essex, Antonioni of Worcester and Middlesex, Murray of Plymouth and Barnstable, Clancy of Essex, Havern of Middlesex, Montigny of Bristol, Morrissey of Norfolk and Plymouth and Wilkerson of Suffolk. Administration. — The President, Senators Norton of Bristol, Lees of Hampden and Hampshire, Jajuga of Essex and Clancy of Essex. Bills in the Third Reading. — Senators Clancy of Essex and Jacques of Norfolk, Bristol and Middlesex. Ethics. — Senators Clancy of Essex, Wetmore of Worcester, Hampden, Hampshire and Franklin, Travaglini of Suffolk and Middlesex and Jacques of Norfolk, Bristol and Middlesex. Post Audit and Oversight. — Senators Jacques of Norfolk, Bristol and Middlesex, Havern of Middlesex, Montigny of Bristol, Durand of Middlesex and Worcester and Tolman of Middlesex and Suffolk. Science and Technology. — Senators Magnani of Middlesex, Norfolk and Worcester, Jajuga of Essex, Melconian of Hampden, O'Brien of Essex and Middlesex and Keating of Norfolk, Bristol and Plymouth. Steering and Policy. — The President, Senators Jacques of Norfolk, Bristol and Middlesex (Chairperson), Norton of Bristol, Rosenberg of Hampshire and Franklin. Melconian of Hampden. Berry of Essex, Murray of Plymouth and Barnstable and Jajuga of Essex.

Joint Standing Committees.

Joint Banks and Banking. — Senators White of Suffolk and Norfolk, Standing Bernstein of Worcester, Jacques of Norfolk, Bristol and Middlesex, Committees. Creedon of Plymouth and Bristol and Tolman of Middlesex and Suffolk. Commerce and Labor. — Senators Travaglini of Suffolk and Middlesex, Magnani of Middlesex, Norfolk and Worcester, Wetmore of Worcester. Hampden, Hampshire and Franklin, Antonioni of Worcester and Middlesex and Wilkerson of Suffolk. Counties. — Senators Leahy of Middlesex, Keating of Norfolk. Bristol and Plymouth, Creedon of Plymouth and Bristol, Berry of Essex and Murray of Plymouth and Barnstable. Criminal Justice. — Senators Antonioni of Worcester and Mid- dlesex, White of Suffolk and Norfolk, O'Brien of Essex and Middlesex, Tolman of Middlesex and Suffolk and Keating of Norfolk, Bristol and Plymouth. Education, Arts and Humanities. — Magnani of Middlesex, Norfolk and Worcester, Clancy of Essex, Walsh of Norfolk and Suffolk, Jajuga of Essex and Wetmore of Worcester, Hampden, Hampshire and Franklin. Election Laws. — Senators Bernstein of Worcester, Leahy of Mid- dlesex, Pacheco of Plymouth and Bristol, Creedon of Plymouth and Bristol and Pines of Middlesex and Norfolk. Energy. — Senators O'Brien of Essex and Middlesex, Berry of Essex, Montigny of Bristol, Creedon of Plymouth and Bristol and Pines of Middlesex and Norfolk. Federal Financial Assistance. — Senators Pacheco of Plymouth and Bristol, Pines of Middlesex and Norfolk, Murray of Plymouth and Barnstable, Travaglini of Suffolk and Middlesex and Jacques of Norfolk. Bristol and Middlesex. Government Regulations. — Senators Morrissey of Norfolk and Plymouth. Montigny of Bristol. Creedon of Plymouth and Bristol, Travaglini of Suffolk and Middlesex and Pacheco of Plymouth and Bristol. Health Care. — Senators Montigny of Bristol, Pacheco of Plymouth and Bristol. Leahy of Middlesex, Morrissey of Norfolk and Plymouth and Murray of Plymouth and Barnstable. Housing and Urban Development. — Senators Berry of Essex, Leahy of Middlesex, White of Suffolk and Norfolk, Walsh of Norfolk and Suffolk and Travaglini of Suffolk and Middlesex. Human Services and Elderly Affairs. — Senators Murray of Plymouth and Barnstable, Leahy of Middlesex, Travaglini of Suffolk and Middlesex, White of Suffolk and Norfolk and Magnani of Middlesex, Norfolk and Worcester. Insurance. — Senators Wilkerson of Suffolk, Montigny of Bristol, Berry of Essex, Pacheco of Plymouth and Bristol and Keating of Norfolk. Bristol and Plymouth. Judiciary. — Senators Keating of Norfolk, Bristol and Plymouth, Antonioni of Worcester and Middlesex, Walsh of Norfolk and Suffolk. Clancy of Essex and Pines of Middlesex and Norfolk. Local Affairs. — Senators Leahy of Middlesex, Wetmore of Worcester, Hampden, Hampshire and Franklin, Wilkerson of Suffolk, O'Brien of Essex and Middlesex and Bernstein of Worcester. Natural Resources and Agriculture. — Senators Pines of Middlesex and Norfolk, Wetmore of Worcester, Hampden, Hampshire and Franklin, Antonioni of Worcester and Middlesex, Pacheco of Plymouth and Bristol and Morrissey of Norfolk and Plymouth. Public Safety. — Senators Jajuga of Essex, Antonioni of Worcester and Middlesex, Leahy of Middlesex, Havern of Middlesex and Walsh of Norfolk and Suffolk. Public Service. — Senators Walsh of Norfolk and Suffolk, Havern of Middlesex, O'Brien of Essex and Middlesex, White of Suffolk and Norfolk and Jajuga of Essex. State Administration. — Senators Pacheco of Plymouth and Bristol, O'Brien of Essex and Middlesex, Tolman of Middlesex and Suffolk, Wilkerson of Suffolk and Berry of Essex. Taxation. — Senators Tolman of Middlesex and Suffolk, Magnani of Middlesex, Norfolk and Worcester, Antonioni of Worcester and Middlesex, Bernstein of Worcester and Clancy of Essex. Joint. Transportation. — Senators Havern of Middlesex, Murray of Standing Plymouth and Barnstable, Morrissey of Norfolk and Plymouth, Committees. Travaglini of Suffolk and Middlesex and Montigny of Bristol.

Comptroller,- A communication from Office of the Comptroller (under the provi- annual sions of Section 12 of Chapter 7A of the General Laws) transmitting financial reports. copies of the Commonwealth's Statutory Basis Financial Report and Comprehensive Annual Financial Report for the fiscal year ended June 30, 1995 (received Thursday, January 5, 1996), — was placed on file. Report.

Massachusetts A report of the Massachusetts Water Pollution Abatement Trust Water Pollution submitting the comprehensive annual financial report, including the Abatement Trust,— general purpose financial statements for the fiscal year ended June 30, annual ?995 (received Wednesday, January 3, 1996), — was placed on file. report. Bill Recalled from the Governor Laid Before the Senate.

Patients,— On motion of Mr Jajuga, it was voted that a messenger be confidentiality. appointed to wait upon His Excellency the Governor requesting the return to the Senate of the engrossed Bill further protecting the confidentiality of patients (see House, No. 5347, amended). Mr. Jajuga was appointed the messenger. Subsequently, the bill was returned and was laid before the Senate. The same Senator asked unanimous consent that he might move that the Senate reconsider the vote by which, at a previous session, it had passed the bill to be enacted; but objection was made thereto. The bill, having previously been signed by the President, was again laid before the Governor for his approbation.

Bill Recalled from the Governor.

Barnstable On motion of Mr. Norton, it was voted that a messenger be Fire District. appointed to wait upon His Excellency the Governor requesting the return to the Senate of the engrossed Bill relative to the appointment of the treasurer of the Barnstable Fire District (see House, No. 5414). Mr. Norton was appointed the messenger. Subsequently, the bill was returned to the Senate.

PAPERS FROM THE HOUSE.

Keno. A Bill relative to the implementation of the lottery game called Keno (printed in House, No. 5608, — being a report of a special

commission), — was read. f There being no objection, the rules were suspended, on motion. ot Mr Rosenberg, and the bill was read a second time. Pending the question on ordering the bill to a third reading, the bill was amended, on motion of Messrs. Nor on, Creedon and T se. by striking out sections 1 and 2 and inserting >n place thereof, the tol- lowing two sections:— "SECTION 1. Section two hundred and ninety-three of chapter thirty-eight of the acts of nineteen hundred and ninety-five is hereby repealed. SECTION 2. Chapter ten of the General Laws is hereby amended by inserting after section twenty-seven, as appearing in the 1994 Official Edition, the following section: — Section 27A. (a) Notwithstanding the provisions of section three hundred and eighty-seven of chapter one hundred and ten of the acts of nineteen hundred and ninety-three, or any other general or special law, rule or regulation to the contrary, no license to operate the same known as Keno shall be made available to any licensee licensed under section twenty-seven other than licenses granted pursuant to the provisions of this section; provided, however, that this section shall not authorize the revocation of any license granted before the effective date of this section. A license to operate Keno shall be granted by the chairman of the lottery commission or his designee to any licensee licensed pursuant to section twenty-seven; provided that such licensee does not owe a financial obligation to the commonwealth and has not been convicted of a felony; and provided further, that not less than twenty-one days before issuing any such license to operate Keno, said chairman of said commission shall send notification by registered mail to the mayor or the board of selectmen, whichever is applicable, of the municipality in which such facility to be licensed to operate Keno is located and shall pub- lish, in a newspaper of general circulation in the area including the municipality where said Keno licensee will operate, notice that an application for such license has been filed with said commission. Said notice shall include the name and business address of said Keno license applicant; the address wherein said Keno license will operate; the licensee's estimated weekly traffic; the licensee's current number of cashier positions that sell lottery commission products; the percentage of floor space that is currently devoted to lottery sales; the amount of net income that the commission estimates would be derived from the sale of Keno products at the site; and the percentage of floor space that will be devoted to Keno sales. No such license shall be issued by said chairman to which the local licensing authority, as defined in section one of chapter one hundred and thirty-eight of the General Laws, has objected to in writing, except after a hearing under chapter thirty A of the General Laws and unless the chairman of the lottery commission thereafter deter- mines in writing, after considering all relevant circumstances, that such license is in the public interest and approves in writing the issuance of such license to operate Keno, notwithstanding the objection of the local licensing authority. (b) In the event that a municipality prevents the licensure of all Keno licensees within its municipal limits, the so-called lottery aid disbursement applicable to that municipality shall be reduced by a ratio, the numerator of which is Keno sales, the denominator of which is total lottery sales for the prior year. Said reduction shall be allocated among those communities which allow the licensing of Keno. said Keno licensees, said allocation to be proportionate with the distribution of all other so-called lottery aid. In the event that a municipality, within which Keno licensees operate, directly or indirectly objects to the licensure of future Keno licensees, and said objection is sustained by the lottery chairman, the so-called lottery aid disbursement applicable to that municipality shall be reduced by an amount equal to that which the commission estimated would be derived, as net income from the sale of Keno products at the site. (c) Notwithstanding the provisions of section two of chapter thirty A of the General Laws, no rule or regulation relating to the game known as Keno shall be promulgated by the lottery commission as an emergency regulation, as defined by said section two of chapter thirty A of the General Laws without a public hearing." The bill, as amended, was ordered to a third reading, read a third time and passed to be engrossed, in concurrence, with the amendment. Sent to the House for concurrence in the amendment.

Lottery The report of the State Lottery Commission (under Section 24 of Commission,— Chapter 10 of the General Laws) relative to the total revenues, prize November, 1995. disbursements and other expenses of the Arts Lottery and the Lottery for the month of November, 1995 (having been sent by the House to the Senate for its information), — was returned to the House to be placed on file.

Senate Orders — Adopted. Mr. Jajuga offered the following order, to wit:— Convention Ordered, That the convention of the two branches be held at fif- of the two teen minutes past seven o'clock P.M. on Tuesday, January 9, 1996, branches. for the purpose of receiving such communication as His Excellency the Governor may be pleased to make to them, relating to the concerns of the Commonwealth. There being no objection, the order was considered forthwith and adopted. Sent to the House for concurrence.

On motion of Mr. Norton, — Time of Ordered, That when the Senate adjourns today, it adjourn to meet meeting. 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. Jajuga, at eleven minutes past eleven o'clock A.M., the Senate adjourned to meet on the following Thursday at eleven o'clock A.M. IN JOINT SESSION.

Tuesday, January 9, 1996. Pursuant to assignment, at fifteen minutes past seven o'clock P.M., the two branches met in

CONVENTION in the Chamber of the House of Representatives, for the purpose of Convention of the two receiving such communication as His Excellency the Governor may branches. be pleased to make relative to the concerns of the Commonwealth; and were called to order by the Honorable Thomas F. Birmingham, President of the Senate.

Order Adopted. The following order was offered by Mr. Norton, and adopted, to wit: Ordered, That a committee be appointed to consist of such mem- Notification bers of the Senate as the President of the Senate shall designate and of Governor. such members of the House as the Speaker of the House of Repre- sentatives shall designate, to wait upon His Excellency the Governor and inform him that the two branches of the General Court are now in session for the purpose of receiving such communication as His Excellency the Governor may be pleased to make to them, relating to the concerns of the Commonwealth. Senators Norton, Melconian, Lees and Tolman and Representa- tives Bosley of North Adams, Angelo of Saugus, McGee of Lynn, Swan of Springfield, Flavin of Easthampton, Cousins of Newbury- port, Guerriero of Melrose, Rogeness of Longmeadow and Gauch of Shrewsbury were appointed the committee. Subsequently, Mr. Norton, for the committee, reported that His Excellency the Governor would immediately attend upon the Convention. The committee was then discharged. Shortly thereafter. His Excellency William F. Weld, His Honor Argeo Paul Cellucci, Lieutenant-Governor of the Commonwealth, the Constitutional officers and members of the Executive Council entered the Chamber under the escort of the Sergeant-at-Arms.

The Invocation was offered by Lieutenant Colonel Louis Manzo, Invocation. Chaplain of the Massachusetts Air National Guard.

The President then introduced Merle Perkins of the Urban Improv National and the Wheelock Family Theater, who sang the National Anthem. Anthem. The President then introduced His Excellency the Governor, who thereupon addressed the Convention relative to the concerns of the Commonwealth (Senate, No. 2150). Benediction. The Benediction was then delivered by Lieutenant Colonel Manzo.

Distinguished The President recognized, seated in the gallery, Susan Weld, the guests. wife of the Governor, Jan Cellucci, the wife of the Lieutenant- Governor, and their families. The President also recognized the Secretary of State William F. Galvin, the State Treasurer Joseph D. Malone, the State Auditor A. Joseph DeNucci, the Attorney General L. Scott Harshbarger, several members of the Governor's Council, Dr. John Silber, president of Boston University, and members of the Governor's Cabinet.

At five minutes past eight o'clock P.M., on motion of Mr. Norton, the Convention was dissolved. Thursday, January 1996. Met at six minutes past eleven o'clock A.M.

Communication. A communication from Eric W. Hayden, Dean, College of Man- UMass/ Boston,— agement, University of Massachusetts at Boston, submitting a copy communication. of the University's in-house publication, The Manager (received Wednesday, January 10, 1996),— was placed on Tile.

Reports of Committees. Mr. Clancy, for the committee on Rules, to whom was referred the Senate Order relative to authorizing the joint committee on Taxation to sit during the recess of the General Court for the purpose of making an investigation and study of certain Senate documents (Senate, No. 1963), reports, in part, asking to be discharged from further consideration Of the petition (accompanied by bill, Senate, No. 1684) of Room Jane M. Swift, Mary Jeanette Murray, Mary S. Rogeness, Mary Jane occupancy Simmons, James P. Jajuga and Joseph F. Wagner for legislation to exempt rooms donated as a fund raising prize to nonprofit or charitable corporations from the payment of room occupancy excise; and Of the petition (accompanied by bill. Senate, No. 1818) of Disabled persons,— Jane M. Swift for legislation to establish property tax exemptions tax exemptions. for disabled persons; And recommending that the same severally be recommitted to the committee on Taxation. Under Senate Rule 36, the reports were severally considered forthwith; and they were accepted.

By Mr. Keating, for the committee on Counties, on petition, Plymouth County,— a Bill authorizing the county commissioners of Plymouth County to purchase purchase certain property located in the town of Middleborough property. (Senate, No. 2132); Read and, under Senate Rule 26, referred to the committee on Steering and Policy.

Petitions. Mr. Jajuga presented a petition (subject to Joint Rules 12 and 9) Merrimack River,— of James P. Jajuga, Brian S. Dempsey and Harriett L. Stanley for harbor lines. legislation to allow certain structures to be exempt from certain harbor lines along the Merrimack River in the city of Haverhill (having been transmitted to the Secretary of the Commonwealth under the provisions of Section 5 of Chapter 3 of the General Laws, and returned by him with memoranda relative thereto),— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently. Petitions were presented and referred, as follows: Natick,— By Mr. Magnani, a petition (accompanied by bill, Senate, No. 2146) amend of David P. Magnani, Cheryl A. Jacques and Douglas W. Stoddart charter. (by vote of the town) for legislation to amend the charter of the town of Natick relative to the membership of the board of selectmen [Local approval received]; and Newton,— By Ms. Pines, a petition (accompanied by bill, Senate, No. 2147) sell property. of Lois G. Pines, Thomas B. Concannon, Jr., mayor, and members of the House of Representatives (with the approval of the mayor and board of aldermen) for legislation to authorize the city of Newton to sell property to the Newton Boys and Girls Club, Inc. [Local approval received]; Severally, under Senate Rule 20, to the committee on Local Affairs. Severally sent to the House for concurrence.

Petitions were presented and referred, as follows: Public drinking By Mr. Hedlund, a petition (subject to Joint Rule 12) of Robert L. water supplies. Hedlund and John K. McNabb, Jr., for legislation to promote local home rule and to protect public drinking water supplies; Southwood By Ms. Jacques, a petition (subject to Joint Rule 12) of Cheryl A. Community Jacques and Jo Ann Sprague (by vote of the town of Norfolk) for Hospital,— charter. legislation to amend the charter of Southwood Community Hospital; School aid,— By Mr. Magnani, a petition (subject to Joint Rule 12) of David P. define. Magnani, Barbara Gardner and James E. Vallee for legislation to amend the definition of "excess debt service amount" relative to school aid disbursement; Schools,— By the same Senator, a petition (subject to Joint Rule 12) of promote David P. Magnani, Shirley Owens-Hicks and other members of the safety. General Court [for additional petitioners, see printed bill] for legislation to insure the safety and security of any individual student in the Commonwealth; POWS,— By the same Senator, a petition (subject to Joint Rule 12) of excise David P. Magnani for legislation to extend the motor vehicle excise exemption. tax exemption to former prisoners of war who lease motor vehicles; Department of By Mr. Morrissey, a petition (subject to Joint Rule 12) of Wildlife and Michael W. Morr issey and Joseph Shea for legislation relative to the Fisheries,— liccnse fees. retention of a portion of license fees issued for the Department of Wildlife and Fisheries; Electricity,— By Mr. Norton, a petition (subject to Joint Rule 12) of Thomas C. bulk Norton for legislation to authorize municipalities to establish elec- purchase. tric retail load aggregators for the purpose of purchasing electricity in bulk; Job By Mr. Tolman (by request), a petition (subject to Joint Rule 12) retention. of Markham Harold Lyons for legislation to insure job retention in the Commonwealth relative to so-called corporate "tax breaks"; Snow By the same Senator (by request), a petition (subject to Joint removal,- Rule 12) of Markham Harold Lyons for legislation to insure public safety. safety during snow removal; By the same Senator (by request), a petition (subject to Joint County court houses,— Rule 12) of Markham Harold Foley Lyons for legislation to establish a repository. last will and testament repository within the county court houses; and By the same Senator (by request), a petition (subject to Joint Person's rights,— Rule 12) of Markham Harold Lyons for legislation to define a human define. being and the person's rights under the laws of the Commonwealth; Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Resolutions. Mr. Durand presented "Resolutions honoring the Marlborough Marlborough Lions Club on the celebration of its forty-fifth year of service to the Lions Club. community"; and, under the rule, they were referred 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.

Mr. Keating presented "Resolutions on the occasion of the George F. twenty-fifth anniversary of the appointment of George F. Burgess as Burgess. Fire Chief of Norton"; and. under the rule, they were referred 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.

Mr. Magnani presented "Resolutions on the occasion of the com- Christa memoration of the legacy of Christa Corrigan McAuliffe by Fram- Corrigan ingham State College on the tenth anniversary of the Challenger McAuliffe. Mission"; and, under the rule, they were referred 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.

Mr. Wetmore presented "Resolutions congratulating Fire Chief Fire Chief William Parsons on his thirty years of service to the town of East William Brookfield"; and, under the rule, they were referred to the com- Parsons. mittee 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. Reports of Committees. State By Mr. Clancy, for the committees on Rules of the two branches, colleges and acting concurrently, that Joint Rule 12 be suspended on the Senate universities,— waivable fees. petition of James P. Jajuga for legislation relative to the collection of waivable fees by the board of trustees of state colleges and universities. Senate Rule 36 was suspended, on motion of Mr. Tisei, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill, Senate, No. 2151) was referred to the committee on Education, Arts and Humanities.

Amesbury By Mr. Clancy, for the committees on Rules of the two branches, waterways acting concurrently, that Joint Rule 12 be suspended on the Senate fund. petition of James P. Jajuga and Frank G. Cousins, Jr. (by vote of the town) for legislation to authorize the town of Amesbury to establish a municipal waterways improvement and maintenance fund. Senate Rule 36 was suspended, on motion of Mr. Tisei, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill, Senate, No. 2152) was referred to the committee on Local Affairs.

Amesbury,— By Mr. Clancy, for the committees on Rules of the two branches, transit acting concurrently, that Joint Rule 12 be suspended on the Senate exemption. petition of James P. Jajuga and Frank G. Cousins, Jr. (by vote of the town) for legislation to exempt the town of Amesbury from the state budget cap for the Merrimack Valley Transit Authority Americans with Disabilities Act services. Senate Rule 36 was suspended, on motion of Mr. Tisei, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill, Senate, No. 2153) was referred to the committee on Transportation. Severally sent to the House for concurrence.

PAPERS FROM THE HOUSE. Wakefield,— A message from His Excellency the Governor (under the provi- debt exclusion sions of Section 8 of Article LXXXIX of the Amendments to the election. Constitution) recommending legislation relative to authorizing the postponement of a special debt exclusion election in the town of Wakefield and validating the results of the election (House, No. 5734),— was referred, in concurrence, to the committee on Election Laws.

Notice was received that the Speaker had announced the following appointments to the joint standing committees on the part of the House, as follows:— House That Representative Donnelly of Boston had been appointed to appointments,— the n,nth Posltlon the committee on Election Laws to fill an joint standing existing vacancy; committees. That Representative Creedon of Brockton had been appointed to the ninth position on the committee on Human Services and Elderly Affairs to fill an existing vacancy; That Representative Donnelly of Boston had been appointed to the ninth position on the committee on Public Service to fill an existing vacancy; and That Representative Merrigan of Greenfield had been appointed to the ninth position on the committee on State Administration to fill an existing vacancy.

A Bill establishing a sick leave bank for Ena O. Squires, an Ena 0. employee of the Department of Revenue (House, No. 5622,— on Squires,— sick leave petition),— was read and, under Senate Rule 27, referred to the bank. committee on Ways and Means.

A Bill relative to the establishment of an enterprise fund by the Shelburne Shelburne Falls Fire District (House, No. 5634,— on petition),— Falls Fire District. was read and, under Senate Rule 26, referred to the committee on Steering and Policy.

Bills Providing for the appointment of a treasurer-collector in the town Topsfield,— of Topsfield (House, No. 5373, changed and amended,— on peti- treasurer- collector. tion) [Local approval received]; and Providing group insurance benefits for certain surviving spouses Wilmington,- of deceased employees or retired employees in the town of Wilming- surviving ton (House, No. 5709,— on petition) [Local approval received]; spouses. Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Petitions were referred, in concurrence, as follows: Petition (accompanied by bill, House, No. 5728) of James E. Bellingham,— Vallee, Louis P. Bertonazzi and Marie J. Parente (by vote of the Paul's Variety Store. town) that the town of Bellingham be authorized to issue a license for the sale of wine and malt beverages not to be drunk on the premises to Paul and Bonnie Grimala d/b/a Paul's Variety Store; To the committee on Government Regulations. Petition (accompanied by bill, House, No. 5729) of Joseph C. Braintree,— Sullivan and others (by vote of the town) relative to the establish- beautification fund. ment of a beautification fund in the town of Braintree; and Petition (accompanied by bill, House, No. 5730) of Joseph C. Braintree,— Sullivan, Michael W. Morrissey and others (by vote of the town) electricity that the town of Braintree be authorized to purchase electricity from purchases. an entity other than the electric light department of said town; Severally to the committee on Local Affairs. Petition (accompanied by bill, House, No. 5731) of Joseph F. Chicopee,- Wagner, Dennis M. Murphy, Michael R. Knapik and Walter A. school DeFilippi (with the approval of the mayor and board of aldermen) nurse. for legislation to exempt the position of school nurse in the city of Chicopee from provisions of the civil service law; To the committee on Public Service. Order Adopted. On motion of Mr. Bernstein,— Time of Ordered, That when the Senate adjourns today, it adjourn to meeting. meet again on Tuesday next at eleven o'clock A.M., and that the Clerk be directed to dispense with the printing of a calendar.

On motion of Mrs. Hicks, at eleven minutes past eleven o'clock A.M., the Senate adjourned to meet on the following Tuesday at eleven o'clock A.M. Tuesday, January 16, 1996. Met according to adjournment, at eleven o'clock A.M. (Mr. Norton in the Chair).

Reports of Committees.

Mr. Norton, for the committee on Rules, to whom was referred Sex offender the Senate Order relative to authorizing the joint committee on registry Criminal Justice to sit during the recess of the General Court for the purpose of making an investigation and study of certain current Senate documents (Senate, No. 1962), reported, in part, asking to be discharged from further consideration of the petition (accompanied by bill. Senate, No. 219) of John D. O'Brien, James P. Jajuga and Colleen M. Garry for legislation relative to the penalty for convic- tion of certain sexual offenses and requiring such persons to register with the state police and the police departments of the city or town of residence, — and recommending that the same be recommitted to the committee on Criminal Justice. Under Senate Rule 36, the report was considered forthwith and accepted. Subsequently, Mr. Antonioni, for the said committee on Criminal Justice, reported, on said petition, a "Bill relative to sex offender registration and community notification" (Senate, No. 2149); Read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Mr. Antonioni, for the committee on Criminal Justice, on peti- Firearm laser tion, a Bill regulating the use of certain laser devices (Senate, devices. No. 2137); Read and, under Senate Rule 26, referred to the committee on Steering and Policy.

Petitions. Petitions were presented and referred, as follows: By Mr. Clancy, a petition (accompanied by bill, Senate, Swampscott,— No. 2148) of Edward J. Clancy, Jr., and Douglas W. Petersen (by |?°™w vote of the town) for legislation to authorize the town of Swamp- scott to borrow sums of money for the improvements to the wastewater treatment facility [Local approval received]; Under Senate Rule 20, to the committee on Local Affairs. Sent to the House for concurrence.

By Mr. Berry, a petition (subject to Joint Rule 12) of Frederick E. Blood Berry, Kevin M. Burke, District Attorney for the Eastern District, alcohol,- - . evidence James P. Jajuga and Sally P. Kerans for legislation relative to evidence of the percentage of alcohol in the blood of an operator of a motor vehicle; Grandparents,- By Mr. Rauschenbach, a petition (subject to Joint Rule 12) of visitation Henri S. Rauschenbach for legislation to extend visitation rights to rights. maternal grandparents; Financial By Mr. Tarr, a petition (subject to Joint Rule 12) of Bruce E. Tarr, institutions. Brian P. Lees and other members of the General Court for legislation relative to the taxation of the financial service institutions; and Nursing,— By Mr. Travaglini, a petition (subject to Joint Rule 12) of sufficient Robert E. Travaglini, Thomas C. Norton, Margaret T. Barry, Christine E. Canavan, Frank M. Hynes and Kay Khan for legislation to ensure sufficient nursing care; Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Recess.

Recess. There being no objection, at five minutes past eleven o'clock A.M., the Chair (Mr. Norton) declared a recess until half past eleven o'clock A.M.; and at that time the Senate reassembled, the President in the Chair.

Orders Adopted. Mr. Travaglini offered the following order, to wit: Worcester Ordered, That by the authority of Article IV of Section II of and Norfolk Chapter I of the Constitution of the Commonwealth, the Senate Senatorial District,— hereby declares that by reason of the resignation of Senator Louis P. special Bertonazzi as Senator from the Worcester and Norfolk senatorial election. district the office of senator from the Worcester and Norfolk senatorial district is hereby declared vacant. By the authority of the twenty-fourth Article of the Amendments to the Constitution of the Commonwealth, the President of the Senate is hereby directed to issue a precept setting forth Tuesday, April 23, 1996, as the day for holding an election to fill the vacancy now existing in said Worcester and Norfolk district, comprising the towns of Blackstone, Charlton, Douglas, Dudley, Mendon, Milford, Millville, Northbridge Oxford, S outhbridge, Uxbridge and Webster in the county of Worcester; and Bellingham, in the county of Norfolk. There being no objection, the order was considered forthwith and adopted.

Ms. Pines offered the following order, to wit: First Suffolk Ordered, That by the authority of Article IV of Section II of Senatorial Chapter I of the Constitution of the Commonwealth, the Senate District,— special hereby declares that by reason of the resignation of Senator William M. election. Bulger as senator from the First Suffolk senatorial district, the office of senator from the First Suffolk senatorial district is hereby declared vacant. By the authority of the twenty-fourth Article of the Amendments to the Constitution of the Commonwealth, the President of the Senate is hereby directed to issue a precept settin« forth Tuesday, April 23, 1996, as the day for holding an election to fill the vacancy now existing in said First Suffolk district, comprising Boston, ward numbered three, precincts numbered seven and eight; ward numbered five, precincts numbered one, three, six, seven, eight, nine and ten; wards numbered six, seven and eight; ward numbered nine, precincts numbered one, two and three; wards numbered thirteen and fifteen; ward numbered sixteen, precincts numbered one and two; ward numbered seventeen, precincts numbered one and two; ward numbered twenty-one, precincts numbered one, two, three and four; and Boston Harbor Island, ward x, precinct x. There being no objection, the order was considered forthwith and adopted.

Reports of Committees. By Mr. Norton, for the committees on Rules of the two branches, Massachusetts Credit Union acting concurrently, that Joint Rule 12 be suspended on the Senate Share petition of Brian P. Lees, Brian M. Cresta, Thomas M. Petrolati, Insurance Robert A. Havern, Valerie Barsom, Edward J. Clancy, Jr., and Corporation. Jo Ann Sprague for legislation relative to the Massachusetts Credit Union Share Insurance Corporation. Senate Rule 36 was suspended, on motion of Mr. Tisei, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill, Senate, No. 2155) was referred to the committee on Banks and Banking,

By Mr. Norton, for the committees on Rules of the two branches, Vehicle repair acting concurrently, that Joint Rule 12 be suspended on the Senate parts. petition of Bert Jansson for legislation relative to defining motor vehicle aftermarket crash parts. Senate Rule 36 was suspended, on motion of Mr. Tisei, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill, Senate, No. 2156) was referred to the committee on Public Safety. Severally sent to the House for concurrence.

PAPERS FROM THE HOUSE. A Bill authorizing the postponement of a special debt exclusion Wakefield,- validate election in the town of Wakefield and validating the results of the special election (House, No. 5736,— being a message from His Excellency election. the Governor),— was read. 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 engrosseed, in concurrence, its title having been changed by the committee on Bills in the Third Reading to read as follows: "An Act authorizing the postponement of a special debt exclusion election in the town of Wakefield." Quincy,— A Bill relative to civil service status for Richard J. Flynn of the civil service city of Quincy (printed as Senate, No. 1910,— on petition) [Local eligibility. approval received],— was read and, under Senate Rule 27, referred to the committee on Ways and Means.

Bunker Hill A message from His Excellency the Governor recommending leg- Community College,— islation relative to further facilitating the establishment of a perma- Chelsea nent Chelsea campus of Bunker Hill Community College (House, campus. No. 5733),— was referred, in concurrence, to the committee on Education, Arts and Humanities.

Dennis,— A Bill providing for the appointment of a treasurer/collector in treasurer/ the town of Dennis (House, No. 5702,— on petition) [Local approval collector. received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Granby,— A petition (accompanied by bill, House, No. 5732) of Thomas M. town Petrolati (by vote of the town) relative to town elections in the town elections. of Granby,— was referred, in concurrence, to the committee on Election Laws.

Resolutions. FrederickR. Mr. Tolman presented "Resolutions honoring Frederick R. Tortoia, Sr. Tortola, Sr., on being named Citizen of the Year by the Waltham Lodge of the Elks"; and, under the rule, they were referred 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. Berry, and adopted.

Recess. Recess. There being no objection, at nineteen minutes before twelve o'clock noon, the President declared a recess subject to the call of the Chair; and, at one past twelve o'clock noon, the Senate reassembled, the President in the Chair.

PAPER FROM THE HOUSE. Engrossed Bill. Bill laid An engrossed Bill authorizing the postponement of a special debt Governor exclusion election in the town of Wakefield (see House, No. 5736) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be enacted, two-thirds of the members present having voted in the affirmative, and it was signed by the President and laid before the Governor for his approbation. Order Adopted. On motion of Ms. Melconian,— Ordered, That when the Senate adjourns today, it adjourn to Time of meet again on Thursday next at eleven o'clock A.M., and that the meeting. Clerk be directed to dispense with the printing of a calendar.

On motion of Mr. Tisei, at two minutes past twelve o'clock noon, the Senate adjourned to meet on the following Thursday at eleven o'clock A.M. Thursday, January Met at seven minutes past eleven o'clock A.M.

Petitions. Petitions were presented and referred, as follows: Satellite,— By Mr. Clancy, a petition (subject to Joint Rule 12) of Edward J. tax exemption. Clancy, Jr., for legislation relative to the sales tax exemption for direct broadcast satellite and satellite programming services; Trustees,— By Mr. Creedon, a petition (subject to Joint Rule 12) of Michael C. management Creedon for legislation relative to the rules and regulations of the and appointment. management of trusts and the appointment of trustees; Zoning,— By Mr. Hedlund, a petition (subject to Joint Rule 12) of Robert L. adult Hedlund, Edward G. Connolly, Mary Jeanette Murray, Ronald entertainment. Mariano, Edward B. Teague III, Jacqueline Lewis and other members of the General Court for legislation relative to the zoning of adult entertainment clubs; Registered By Mr. Knapik, a petition (subject to Joint Rule 12) of Michael R. bonds,— Knapik for legislation to authorize the state treasurer to notify by redemption. mail the owner of interest-bearing registered bonds of the Common- wealth when such bonds are being called for redemption; Middle- By Mr. Pacheco, a petition (subject to Joint Rule 12) of Marc R. borough,— Pacheco for legislation to exempt certain property in the town of hazardous material Middleborough from the Massachusetts oil and hazardous material exemption. release prevention act; Higher By Mr. White (by request), a petition (subject to Joint Rule 12) of education,— Arthur Beroz for legislation to provide to students assistance for assistance. advancing their educational and vocational goals; Community By the same Senator, a petition (subject to Joint Rule 12) of health W. Paul White and the Massachusetts League of Community Health centers. Centers, by James W. Hunt, Jr., executive director, for legislation relative to medical peer review in community health centers; School By the same Senator, a petition (subject to Joint Rule 12) of bonds. W. Paul White, Jane M. Swift and other members of the General Court for legislation relative to notes issued in anticipation of certain school bonds; and Cities, towns, By the same Senator, a petition (subject to Joint Rule 12) of and districts,- W. Paul White, M. Joseph Manning and William C. Galvin for legis- serial loans. lation relative to the maximum term of certain serial loans issued by cities, towns, and districts; Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

Merrimack By Mr. Norton, for the committees on Rules of the two branches, River,— acting concurrently, that Joint Rules 12 and 9 be suspended on thè harbor lines. Senate petition of James P. Jajuga, Brian S. Dempsey and Harnett L. Stanley for legislation to allow certain structures to be exempt trom certain harbor lines along the Merrimack River in the city of Haverhill. . ,,, .. . Senate Rule 36 was suspended, on motion of Mr. Keating, and the report was considered forthwith. Joint Rules 12 and 9 were suspended; and the petition (accompanied by bill, Senate, No. 2158) was referred to the committee on Natural Resources and Agriculture. Sent to the House for concurrence.

False By Mr. Antonioni, for the committee on Criminal Justice, on peti- electric, gas tion. a Bill providing penalties for falsely assuming the identity of a identification. gas or electric company worker (Senate, No. 239, changed in line 6 by striking out the words "the state prison" and inserting in place thereof the words "a house of correction"; and by striking out the word "ten" and inserting in place thereof the word "two"); Read and, under Senate Rule 26, referred to the committee on Steering and Policy.

Ms. Jacques, for the committee on Steering and Policy, reported that the following matter be placed in the Orders of the Day for the next session: Mental health The Senate Bill to improve access to mental health services services,— (Senate, No. 1809) (the committee on Ways and Means having rec- improve. ommended that the bill be amended by substituting a new draft entitled "An Act authorizing licensed mental health counselors to receive certain insurance payments", Senate, No. 1940). Committee Changes. The President announced the resignation of Seator Jacques of Committee on Bills in Norfolk, Bristol and Middlesex as a member of the committee on the Third Bills in the Third Reading and the appointment of Senator Bernstein Reading,— changes. of First Worcester to fill the vacancy.

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 providing for the appointment of a treasurer/ Dennis,— treasurer- collector in the town of Dennis (House, No. 5702),— was read a collector. second time and ordered to a third reading. The bill was 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 providing for the appointment of a treasurer-collector in the town of Dennis."

The House bills Providing for the appointment of a treasurer-collector in the town Topsfield,- treasurer- of Topsfield (House, No. 5373, changed and amended); and collecUir. Dedham,— Providing for recall elections in the town of Dedham (House, recall No. 5152); elections. Were severally read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Resolutions. Doctor Mr. Knapik presented "Resolutions honoring Doctor Francis M. Francis M. Baker of Holyoke on being selected the grand marshal of the Baker. Holyoke Saint Patrick's Day parade in the year nineteen hundred and ninety-six"; and, under the rule, they were referred 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 Mrs. Swift, and adopted.

Arthur and Mr. Magnani presented "Resolutions on the occasion of the Florence fortieth wedding anniversary of Arthur and Florence Stefanini"; and, Stefanini. under the rule, they were referred 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 Mrs. Swift, and adopted.

Mary Messrs. Morrissey and Creedon presented "Resolutions honoring Catherine Iannoni. Mary Catherine Iannoni on her retirement from the Quincy public school system"; and, under the rule, they were referred 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 Mrs. Swift, and adopted.

Maryann Mr. Shannon presented "Resolutions honoring Maryann Cappello Cappello. for her years of outstanding service and dedication to the city of Somerville"; and, under the rule, they were referred 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 Mrs. Swift, and adopted.

Maria Mr. Sh annon presented "Resolutions congratulating Maria Menounos. Menounos on being named Miss Massachusetts Teen USA and recognizing her commitment to the city of Medford"; and. under the rule, they were referred to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported recommending that the resolutions ought to be adopted; and thev were considered forthwith, under a suspension of the rules, moved by Mrs. Swift, and adopted. Mr. White presented "Resolutions commemorating Freedom Day Randolph in the town of Randolph"; and, under the rule, they were referred to Freedom Da: 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 Mrs. Swift, and adopted.

PAPERS FROM THE HOUSE. Committees of Conference.

The House Bill relative to the implementation of the lottery game Keno,— called Keno (printed in House, No. 5608),— came from the House rePort with the endorsement that the House had NON-concurred in the Senate amendment striking out sections 1 and 2 and inserting in place thereof the following: "SECTION 1. Section two hundred and ninety-three of chapter thirty-eight of the acts of nineteen hundred and ninety-five is hereby repealed. SECTION 2. Chapter ten of the General Laws is hereby amended by inserting after section twenty-seven, as appearing in the 1994 Official Edition, the following section:— Section 27A. (a) Notwithstanding the provisions of section three hundred and eighty-seven of chapter one hundred and ten of the acts of nineteen hundred and ninety-three, or any other general or special law, rule or regulation to the contrary, no license to operate the game known as Keno shall be made available to any licensee licensed under section twenty-seven other than licenses granted pursuant to the provisions of this section; provided, however, that this section shall not authorize the revocation of any license granted before the effective date of this section. A license to operate Keno shall be granted by the chairman of the lottery commission or his designee to any licensee licensed pursuant to section twenty-seven; provided that such licensee does not owe a financial obligation to the commonwealth and has not been convicted of a felony; and provided further, that not less than twenty-one days before issuing any such license to operate Keno, said chairman of said commission shall send notification by registered mail to the mayor or the board of selectmen, whichever is applicable, of the municipality in which such facility to be licensed to operate Keno is located and shall pub- lish, in a newspaper of general circulation in the area including the municipality where said Keno licensee will operate, notice that an application for such license has been filed with said commission. Said notice shall include the name and business address of said Keno license applicant; the address wherein said Keno license will operate; the licensee's estimated weekly traffic; the licensee's current number of cashier positions that sell lottery commission products; the percentage of floor space that is currently devoted to lottery sales; the amount of net income that the commission estimates would be derived from the sale of Keno products at the site; and the Keno,— percentage of floor space that will be devoted to Keno sales. No report. such license shall be issued by said chairman to which the local licensing authority, as defined in section one of chapter one hundred and thirty-eight of the General Laws, has objected to in writing, except after a hearing under chapter thirty A of the General Laws and unless the chairman of the lottery commission thereafter deter- mines in writing, after considering all relevant circumstances, that such license is in the public interest and approves in writing the issuance of such license to operate Keno, notwithstanding the objection of the local licensing authority. (b) In the event that a municipality prevents the licensure of all Keno licensees within its municipal limits the so-called lottery aid disbursement applicable to that municipality shall be reduced by a ratio, the numerator of which is Keno sales, the denominator of which is total lottery sales for the prior year. Said reduction shall be allocated among those communities which allow the licensing of said Keno licensees, said allocation to be proportionate with the distribution of all other so-called lottery aid. In the event that a municipality, within which Keno licensees operate, directly or indirectly objects to the licensure of future Keno licensees, and said objection is sustained by the lottery chairman, the so-called lottery aid disbursement applicable to that municipality shall be reduced by an amount equal to that which the commission estimated would be derived, as net income from the sale of Keno products at the site. (c) Notwithstanding the provisions of section two of chapter thirty A of the General Laws no rule or regulation relating to the game known as Keno shall be promulgated by the lottery commission as an emergency regulation, as defined by said section two of chapter thirty A of the General Laws without a public hearing.".), and had asked for a committee of conference on the disagreeing votes of the two branches; and that Representatives Angelo of Saugus, Paulsen of Belmont and Guerriero of Melrose had been appointed the committee on the part of the House. Committee On motion of Ms. Murray, the Senate insisted on its amendment of conference. and concurred in the appointment of a committee of conference; and Senators Morrissey, Creedon and Tisei were appointed on the part of the Senate. The bill was returned to the House endorsed accordingly.

Brockton,— The House Bill authorizing the Division of Capital Plannin" and land Operations to convey certain land located in the city of Brockton conveyance. (House, No. 5533),— came from the House with the endorsement that the House had NON-concurred in the Senate amendment striking out all after the enacting clause and inserting in place thereof the text of House document numbered 4383. Committee On motion of Ms. Melconian, the Senate insisted in its amend- of conference. ment, and asked for a committee of conference on the disaereeinc votes of the two branches; and Senators Creedon, Rosenberg and Rauschenbach were appointed to the committee on the part of the Senate. The bill was sent to the House to be joined. The House Bill relative to the expansion, upkeep, and reinvest- Correctional facilities,- ment in the existing correctional facilities of the Commonwealth and expansion. the counties, and the facilities of the Department of Youth Services (House. No. 5309),— 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 text of Senate document numbered 2077; with a further amendment striking out all after the enacting clause and inserting in place thereof the text of House document numbered 5750. The bill bore the further endorsement that the House had NON- concurred with the Senate in its amendment striking out the title and inserting in place thereof the following title: "An Act relative to the expansion, upkeep, and reinvestment in the correctional facilities of the commonwealth and the counties, certain state police facilities, and the facilities of the department of youth services." The rules were suspended, on motion of Mr. Travaglini, and the matter was considered forthwith. On motion of Mr. O'Brien, the Senate NON-concurred in the further House amendment and insisted on its amendment striking out the title and inserting in place thereof a new title. The same Senator asked for a committee of conference on the disagreeing votes of the two branches; and Senators Rosenberg, Wetmore and Rauschenbach were appointed to the committee on the part of the Senate. Subsequently, the President announced the resignation of Committee Senator Wetmore from said committee and the appointment of of conference. Senator Jajuga. Sent to the House to be joined. Subsequently, the bill was returned to the Senate with the endorsement that the House had insisted on its amendment striking out all after the enacting clause and inserting in place thereof the text of House document numbered 5750; had insisted on its NON-concurrence with the Senate in its amendment striking out the title and inserting in place thereof a new title; had concurred in the appointment of a committee of conference on the disagreeing votes of the two branches; and that Representatives Finneran of Boston, Caron of Springfield and Poirier of North Attleborough had been appointed on the part of the House.

Committee Changes.

The President announced the resignation of Senator Bernstein of Committee First Worcester as a member of the committee on Bills in the Third on Bills in the Third Reading and reappointment of Senator Jacques of Norfolk, Bristol Reading,— and Middlesex thereto. changes.

Order Adopted. On motion of Mr. Amorello,— Ordered, That when the Senate adjourns today, it adjourn to Time of meet again on Monday next at one o'clock P.M. meeting. On motion of Mr. Jajuga, at four minutes before twelve o'clock noon, the Senate adjourned to meet on the following Monday at one o'clock P.M. Monday, January 22, 1996. Met at twenty-two minutes past one o'clock P.M.

Report.

A report of the Joint Labor-Management Committee (under the Joint Labor- provisions of Paragraph 2 of Subdivision (4) of Section 1 of Chap- ter 589 of the Acts of 1987) submitting its annual report relative to the results of invoking the special provisions of the regulation of a dispute over the provisions of collective bargaining agreements (received Tuesday, January 2, 1996),— was placed on file.

Communications.

Mr. Lees moved that Senate document numbered 2162, a legisla- Legislative lttee tive report of committee work as of January 2, 1996, be printed in the ™™'"t Journal of the Senate, and this motion prevailed, as follows:

Legislative Report as of January 2, 1996.

ASSICNED NOT HEARINGS FUTURE NOT REMARKS REFERRED REPORTED REPORTED CLOSED HEARINGS ASSIGNED Recommitted Discharged

Banks and Banking 144 141 3 3 0 0 0 2 Commerce and Labor 396 369 27 9 0 18 3 3 Counties, Joint 92 88 4 2 0 2 0 0 Counties. Senate Counties, House 6» 19 49 1 0 48 0 29 Criminal Justice 325 307 18 6 8 4 4 0 Educauon. Arts and Humanities 448 443 5 2 0 3 0 0 Election Laws 177 175 2 0 0 2 0 0 Energy 63 63 0 0 0 0 0 0 Federal Financial Assistance 9 6 3 3 0 0 0 1 Government Regulations 355 282 73 70 0 3 1 1 Health Care 339 335 4 1 0 3 3 0 Housing and Urban Development 197 195 2 2 0 0 0 0 Human Services and Elderly Affairs ... 417 411 6 4 0 2 0 1 Insurance 338 328 10 1 5 4 4 0 The Judiciary i 798 717 81 66 0 15 2 3 Local Affairs 310 268 42 29 4 9 6 1 Natural Resources and Agriculture 441 409 32 19 0 13 5 2 Public Safety 595 587 8 4 0 4 2 1 Public Service 846 817 29 16 4 9 5 1 Rules. Acting Concurrently 246 245 1 0 0 1 0 0 Rules. Senate 73 19 54 0 0 54 0 35 Rules. House 21)6 24 182 0 0 182 1 179 Science and Technology, Senate 13 9 4 3 0 1 0 0 Science and Technology, House 24 10 14 0 0 14 0 2 State Administration 456 448 8 6 0 2 0 0 Taxation 696 685 II 0 0 II 0 0 Transportation 163 159 4 2 0 2 0 0 Ways and Means. Joint It) 9 I 0 0 1 0 0 Ways and Means. Senate 465 100 365 0 0 365 0 89 Ways and Means. House 894 167 727 0 0 727 1 186

Totals 9,604 7,835 1,769 249 21 1,499

82% (Percentage of Matters Reported Thus Far in the 1995 Annual Session) Department of A communication from the Department of Transitional Assistance Transitional (under the provisions of items 4403-21 10, 4403-2120 and 4403-2130 Assistance,— regulations. of Chapter 60 of the Acts of 1994) submitting a copy of changes in its regulations with respect to the Emergency Assistance Program (received Thursday, January 19, 1996),— was placed on file.

Distinguished Guests. Warcham There being no objection, the President introduced Coach David High School Harrison, Tri-Captains Brandon Duarte, Joseph Tripp and Chad Football Team. Duarte of the Division 4-A Super Bowl Champion Wareham High School Football Team. All four guests signed the guest book and withdrew from the Chamber. They were the guests of Senator Murray.

Ms. Kendra There being no objection, the President introduced Ms. Kendra Mansur. Mansur, a student at Cornell University. Ms. Mansur was the guest of Senator Leahy.

Reports of a Committee. By Mr. Rosenberg, for the committee on Ways and Means, that the House bills Bonds and Relative to the terms of certain bonds and notes to be issued by notes,— terms. the Commonwealth (printed in House, No. 5489, amended); and Notes,— Relative to the terms of certain notes to be issued by the Common- terms. wealth (printed in House, No. 5573, changed); and Insurance By Ms. Wilkerson, for the same committee, that the House Bill redlining. relative to insurance redlining (House, No. 5649, amended); Severally ought to pass. Severally referred, under Senate Rule 26, to the committee on Steering and Policy.

By Mr. Rosenberg, for the committee on Ways and Means, that the Senate bills Religious To protect religious freedom (Senate, No. 1873), ought to pass, freedom. with an amendment, substituting a new draft entitled "An Act requiring dietary accommodation of religious beliefs and practice" (Senate, No. 2159); Metropolitan Relative to certain state land in the communities of Belmont, State Hospital Lexington and Waltham (Senate, No. 2097), ought to pass, with an campus. amendment, substituting a new draft with the same title (Senate No. 2160); and Aquaculture,— The House Bill authorizing the issuance of farmer license plates farmer license to persons engaged in aquaculture (House, No. 3029, amended), plates. ought to pass, with an amendment, striking out section 2; John By Mr. Magnani, for the same committee, that the Senate Bill Doherty,— relative to the retirement rights of John Doherty, a teacher of the city retirement. of Boston (Senate. No. 2002), ought to pass, with an amendment, in section I, by striking out the word "police", in line 3, by striking out the sentence contained in lines 18 and 21. and by strikin" out section 2; By Mr. Jajuga, for the same committee, that the House Bill autho- Lowell,— state rizing the Division of Capital Planning and Operations to grant ease- easements. ments over certain parcels of land located in the city of Lowell (House, No. 5218), ought to pass, with an amendment, striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2161; and By Mr. Rauschenbach, for the same committee, that the House Wheclchairs,- Bill regulating the sale and warranty of customized wheelchairs regulate sales. (House, No. 1074, changed), ought to pass, with an amendment, striking out the word "individual", in line 22, and inserting in place thereof the following words:— individual's disability, excluding an automobile, van or truck; and by striking out the words "attorney general", in lines 180 and 181, and inserting in place thereof the following words:— secretary of the executive office of consumer affairs and business regulation; Severally referred, under Senate Rule 26, to the committee on Steering and Policy.

Petitions. Petitions were presented and referred, as follows: By Mrs. Hicks, a petition (subject to Joint Rule 12) of Lucile P. Prison Hicks, James P. Jajuga, Robert A. Antonioni and other members of education. the General Court for legislation to create a committee on prison education; By Mr. O'Brien, a petition (subject to Joint Rule 12) of John D. Grandparents' O'Brien, Thomas S. Cahir, Richard R. Tisei, other members of the visitation rights. General Court and another for legislation relative to the visitation rights of certain grandparents of unmarried minor children; By Mr. Wetmore, a petition (subject to Joint Rule 12) of Robert D. School budget,- New Salem Wetmore for legislation relative to the budget of the New Salem and and Wendell. Wendell school union; and By the same Senator, a petition (subject to Joint Rule 12) of Retirement Robert D. Wetmore for legislation to further define the retirement group,— clarify. group of certain similar employees; Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

PAPERS FROM THE HOUSE The following reports (having been sent by the House to the Senate for its information) were severally returned to the House to be placed on file, to wit: First annual report of the Devens Enterprise Commission (under Devens Section 27 of Chapter 498 of the Acts of 1993) submitting an oper- Enterprise Commission. ating and financial statement and its activities during the preceding fiscal year; Report of the Department of Education (under Section 1 of Chap- School ter 414 of the Acts of 1992) relative to the nineteen hundred and Breakfast Program. ninety-five School Breakfast and Summer Food Service Outreach Program; and Water Annual report of the Water Pollution Abatement Trust (under Pollution Section 17 of Chapter 29C of the General Laws) submitting finan- Abatement Trust. cial statements relating to the operations, properties and expenditures of said trust.

Bills Ashland,— Authorizing the Commissioner of the Division of Capital Planning land. and Operations to acquire certain parcels of land in the town of Ashland (printed in House, No. 4812,— being a message from His Excellency the Governor); and Framingham,- Authorizing the Commissioner of the Division of Capital Planning land. and Operations to acquire a certain parcel of land in the town of Framingham (printed in House, No. 4813,— being a message from His Excellency the Governor); Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

Orders of the Day. The Orders of the Day were considered, as follows: Bills Tewksbury,— To allow the leasing of a certain parcel of land in the town of land lease. Tewksbury (Senate, No. 2079, changed); Parole Board,— Relative to access to Department of Employment Security records record access. by the Massachusetts Parole Board (House, No. 227); Security interest. Further defining security interest (House, No. 278); and Lowell,— Designating the riverwalk on the grounds of the Lowell Heritage Scott Finneral State Park as the Scott Finneral Memorial Riverwalk (House, Riverwalk. No. 5287); Were severally read a second time and ordered to a third reading.

Public The Senate Bill to assist working families in public housing and housing. t0 re-establish fair rents (Senate, No. 601),— was read a second time. The amendment, previously recommended by the committee on Ways and Means, that the bill be amended by substituting a new draft with the same title (Senate, No. 2108), was considered. Mr. Jajuga moved that the proposed Ways and Means new draft (Senate, No. 2108) be amended in Section 1 by striking out, in line 8, the words "through (e)" and inserting in place thereof the following words:— through (f); and by inserting after clause (e) in Section 1 the following new clause:— (f) An income exclusion for part-time employment up to twenty hours per week at the minimum wage, as determined by section one of chapter one hundred and fifty-one of the General Laws, for a person sixty-two years of age or older. After debate, the question on adoption of the amendment was determined by a call of the yeas and nays, at twenty-three minutes before two o'clock P.M., on motion of Mr. Lees, as follows, to wit (yeas 37 — nays 0): YEAS.

Amorello, Matthew J Morrissey, Michael W. Antonioni, Robert A Murray, Therese Bernstein, Robert A. Norton, Thomas C. Berry, Frederick E. O'Brien, John D. Clancy. Edward J.. Jr. Pacheco. Marc R. Creedon, Michael C Pines, Lois G. Durand. Robert A. Rauschenbach. Henri S. Hävern. Robert A. Rosenberg, Stanley C. Hedlund. Robert L Shannon, Charles E. Hicks. Lucile P. Swift, Jane M. Jacques, Cheryl A. Tarr, Bruce E. Jajuga. James P Tisei, Richard R. Keating, William R. Tolman, Warren E. Knapik, Michael R. Travaglini, Robert E. Leahy. Daniel P. Walsh, Marian Lees, Brian P. Wetmore, Robert D. Magnani, David P. White. W. Paul Melconian. Linda J. Wilkerson, Dianne — 37. Montigny, Mark C.

NAYS — 0.

The yeas and nays having been completed at eighteen minutes before two o'clock P.M., the amendment was adopted. Mr. Jajuga then asked unanimous consent to make a statement; and, there being no objection, he addressed the Senate as follows: Mr. President, I would like to take this opportunity to give a brief description of my proposed amendment to Senate, No. 2108. In short, this amendment would allow senior citizens who live in public housing to work up to twenty hours per week at minimum wage without it counting towards a household's income for purposes of determining rent due. Currently, seniors pay between 25% and 30% of their calculated income for rent in public housing. It is my intention to allow our seniors to earn up to $420 per month, either for 20 hours of work under our new minimum wage or for fewer hours at a higher wage, without siphoning off a portion for public housing rent. With the expected reductions of federal spending related to the elderly, we must not penalize our seniors from trying to supplement their shoestring budgets. On motion of Mr. Bernstein, the above statement was ordered printed in the Journal of the Senate. The Ways and Means new draft (Senate, No. 2108), as amended, was further considered. After debate, the question on adoption of the amendment was determined by a call of the yeas and nays, at thirteen minutes before two o'clock P.M., on motion of Ms. Wilkerson, as follows, to wit (yeas 37 — nays 0):

YEAS.

Amorello, Matthew J. Berry, Frederick E. Antonioni, Robert A. Clancy, Edward J., Jr. Bernstein, Robert A. Creedon, Michael C. Public Durand, Robert A. O'Brien, John D. housing. Havern, Robert A. Pacheco, Marc R. Hedlund, Robert L. Pines, Lois G. Hicks, Lucile P. Rauschenbach, Henri S. Jacques, Cheryl A. Rosenberg, Stanley C. Jajuga, James P. Shannon, Charles E. Keating, William R Swift, Jane M. Knapik, Michael R Tarr. Bruce E. Leahy, Daniel P. Tisei, Richard R. Lees, Brian P. Tolman, Warren E. Magnani, David P. Travaglini, Robert E. Melconian, Linda J. Walsh, Marian Montigny, Mark C. Wetmore, Robert D. Morrissey, Michael W. White, W. Paul Murray, Therese Wilkerson, Dianne — 37. Norton, Thomas C.

NAYS — 0.

The yeas and nays having been completed at eight minutes before two o'clock P.M., the Ways and Means new draft, as amended, was adopted. The new draft (Senate, No. 2108, amended) was then ordered to a third reading.

Defective The House Bill relative to certain actions concerning the defec- premises,— tive condition of premises caused by snow or ice (House, No. 1877, clarify actions. amended),— was read a second time and ordered to a third reading.

Lobsters,— The Senate Bill to prohibit the landing or sale in the Commonwealth landing or of Massachusetts of lobsters taken outside of the Commonwealth of sale. Massachusetts by a commercial fishing vessel fishing with dragging apparatus (Senate, No. 1103),— was considered, the main question being on ordering it to a third reading. There being no objection, on motion of Mr. Durand, the amendment previously offered by Messrs. Durand and Hedlund, substituting a new draft entitled "An Act to limit the landing of lobsters taken by dragging apparatus" (Senate, No. 2123) was withdrawn. The bill was then ordered to a third reading.

Constables. The Senate Bill relative to the powers and duties of constables (Senate, No. 1061, changed),— was considered, the question being on ordering it to a third reading. Mr. Leahy moved that the bill be amended, in line 10, by striking out the words "not to exceed ten thousand dollars.";' and, after debate, the amendment was adopted. The bill, as amended, was then ordered to a third reading.

Report of a Committee of Conference.

Correctional Mr. Rosenberg, for the committee of conference on the disagree- facilities,— ing votes of the two branches with reference to the House Bill 'rela- expansion. tive to the expansion, upkeep, and reinvestment in the existing correctional facilities of the Commonwealth and the counties, and the facilities of the Department of Youth Services (House, No. 5309, printed as amended) (the House having further amended the bill by striking out the Senate new text, 2077, and inserting the text of House document numbered 5750; and the Senate having struck out the title and inserted in place thereof the following title: "An Act relative to the expansion, upkeep, and reinvestment in the correctional facilities of the commonwealth and the counties, certain state police facilities, and the facilities of the department of youth services."],— reports, in part, a "Bill relative to the expansion, upkeep, and reinvestment in the correctional facilities of the Commonwealth and the counties, certain state police facilities, and the facilities of the Department of Youth Services" (Senate, No. 2157). The rules were suspended, on motion of Mr. Jajuga, and the report was considered forthwith. After debate, the question on accepting the report was then determined by a call of the yeas and nays, at fourteen minutes before three o'clock P.M., on motion of Mr. Jajuga, as follows, to wit (yeas 37 — nays 0):

YEAS.

Amorello, Matthew J. Morrissey, Michael W. Antonioni, Robert A. Murray, Therese Bernstein, Robert A Norton, Thomas C. Berry, Frederick E. O'Brien, John D. Clancy, Edward J., Jr. Pacheco, Marc R. Creedon, Michael C. Pines, Lois G. Durand. Robert A. Rauschenbach, Henri S. Havern, Robert A. Rosenberg, Stanley C. Hedlund, Robert L. Shannon, Charles E. Hicks, Lucile P. Swift, Jane M. Jacques, Cheryl A. Tarr, Bruce E. Jajuga, James P. Tisei, Richard R. Keating, William R. Tolman, Warren E. Knapik, Michael R. Travaglini, Robert E. Leahy, Daniel P. Walsh, Marian Lees, Brian P. Wetmore, Robert D. Magnani, David P. White, W. Paul Melconian, Linda J. Wilkerson, Dianne — 37 Montigny, Mark C.

NAYS — 0.

The yeas and nays having been completed at nine minutes before three o'clock P.M., the report was accepted. Sent to the House for concurrence.

Resolutions. Messrs. Knapik and Rosenberg offered "Resolutions honoring United States United States Representative John W. Olver of the First Congressional ?®Pr

PAPERS FROM THE HOUSE. Petitions were referred, in concurrence, as follows: Georgetown,— Petition (accompanied by bill, House, No. 5739) of James D. Colt recall and Harriett L. Stanley (by vote of the town) for legislation to pro- elections. vide for recall elections in the town of Georgetown; To the committee on Election Laws. Chatham,- Petition (accompanied by bill, House, No. 5740) of Shirley Gomes parking (by vote of the town) relative to parking fines in the town of fines. Chatham; To the committee on Local Affairs. Supplementary Petition (accompanied by bill, House, No. 5747) of Thomas F. appropria- tions,— Birmingham, Charles F. Flaherty, Robert A. DeLeo and other mem- ice and snow bers of the General Court relative to making an appropriation for removal. fiscal year nineteen hundred and ninety-six to provide for snow and ice removal costs for the cities and towns of the Commonwealth; Under suspension of Joint Rule 12, to the House committee on Ways and Means; and the Senate concurred in the suspension of said rule.

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 Governor for his approbation, to wit: Bills laid Providing for recall elections in the town of Dedham (see House, before No. 5152); Governor. Providing for the appointment of a treasurer-collector in the town of Topsfield (see House, No. 5373, changed and amended); and Providing for the appointment of a treasurer-collector in the town of Dennis (see House, No. 5702).

Order Adopted. On motion of Mr. Durand,— Time of Ordered, That when the Senate adjourns today, it adjourn to meeting. 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. Norton, at four minutes before three o'clock P.M., the Senate adjourned to meet on the following Thursday at eleven o'clock A.M. Thursday, January 25, 1996. Met at one minute past eleven o'clock A.M.

Special Commission — Appointment. Greater The President announced the appointment of Senator Travaglini Boston,— governmental of Suffolk and Middlesex to the special commission established (under the provisions of Section 347 of Chapter 38 of the Acts of 1995) to examine the delivery of local governmental services in the Greater Boston area, and make recommendations for intermunicipal cooperative opportunities to increase the efficiency, effectiveness and quality of such services, and the responsiveness of government to the public.

Petitions. Petitions were presented and referred, as follows: Worcester,— By Messrs. Amorello and Bernstein (by request), a petition six-man juries. (subject to Joint Rule 12) of Joseph J. Cariglia, Esquire, for legislation to eliminate juries of six in the Central District Court of Worcester; Workmen's By Mr. Antonioni, a petition (subject to Joint Rule 12) of compensation,- amend. Robert A. Antonioni for legislation to further define "holding company" in the workmen's compensation laws; Safe driver,— By Mr. Clancy, a petition (subject to Joint Rule 12) of Edward J. insurance. Clancy, Jr., Steven Angelo, Robert F. Fennell and Thomas M. McGee for legislation to amend the safe driver insurance plan; Handicap By Ms. Melconian (by request), a petition (subject to Joint Rule 12) plates,— issuance. of Edward Borgatti for legislation relative to the issuance of handicapped plates to a person deemed temporarily handicapped by a medical doctor; and Norfolk county By Mr. White, a petition (subject to Joint Rules 12 and 7A) of retirement,— grant service. W. Paul White for legislation to authorize and direct the reinstate- ment of Claire L. Wilbur as a member in service in the Norfolk County retirement system; Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees. Lead paint By Mr. Norton, for the committees on Rules of the two branches, abatement. acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Daniel P. Leahy for legislation relative to mort«ace financing of residential lead paint abatement. Senate Rule 36 was suspended, on motion of Ms. Wilkerson and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill, Senate, No! 2164) was referred to the committee on Banks and Banking. By Mr. Norton, for the committees on Rules of the two branches, Child p p ort acting concurrently, that Joint Rule 12 be suspended on the Senate ™s e t ~ petition of Edward J. Clancy, Jr., and Douglas W. Petersen for legis- concealment, lation to provide criminal penalties for knowingly concealing assets of an obligor under a child support order. Senate Rule 36 was suspended, on motion of Ms. Wilkerson, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill, Senate, No. 2165) was referred to the committee on Criminal Justice.

By Mr. Norton, for the committees on Rules of the two branches, Elected officials,— acting concurrently, that Joint Rule 12 be suspended on the Senate resign. petition of Daniel P. Leahy for legislation to require the resignation of certain elected officials. Senate Rule 36 was suspended, on motion of Ms. Wilkerson, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill, Senate, No. 2166) was referred to the committee on Election Laws.

By Mr. Norton, for the committees on Rules of the two branches, Melrose,— acting concurrently, that Joint Rule 12 be suspended on the Senate accounts petition of Richard R. Tisei and Patrick C. Guerriero (with the approval of the mayor and board of aldermen) for legislation relative to recounts in municipal elections in the city of Melrose. Senate Rule 36 was suspended, on motion of Ms. Wilkerson, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill, Senate, No. 2167) was referred to the committee on Election Laws.

By Mr. Norton, for the committees on Rules of the two branches, Electricity- acting concurrently, that Joint Rule 12 be suspended on the Senate purchase petition of Thomas C. Norton for legislation to authorize municipalities to establish electric retail load aggregators for the purpose of purchasing electricity in bulk. Senate Rule 36 was suspended, on motion of Ms. Wilkerson, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill, Senate, No. 2168) was referred to the committee on Energy.

By Mr. Norton, for the committees on Rules of the two branches, children- acting concurrently, that Joint Rule 12 be suspended on the Senate p™1^'™ petition of Sandra G. Berman for legislation to expand the protection and care of children. Senate Rule 36 was suspended, on motion of Ms. Wilkerson, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill, Senate, No. 2169) was referred to the committee on Human Services and Elderly Affairs. Child abuse,- By Mr. Norton, for the committees on Rules of the two branches, reporting acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Herbert Abelson for legislation to reform the reporting of child abuse in the Commonwealth. Senate Rule 36 was suspended, on motion of Ms. Wilkerson, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill, Senate, No. 2170) was referred to the committee on the Judiciary.

Greenhead By Mr. Norton, for the committees on Rules of the two branches, fly control. acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Bruce E. Tarr, James D. Colt, Ian Forman, James P. Jajuga and Frank G. Cousins, Jr., for legislation to clarify procedures relative to greenhead fly projects. Senate Rule 36 was suspended, on motion of Ms. Wilkerson, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill, Senate, No. 2171) was referred to the committee on Natural Resources and Agriculture.

Essex county,— By Mr. Norton, for the committees on Rules of the two branches, mosquito acting concurrently, that Joint Rule 12 be suspended on the Senate control. petition of Bruce E. Tarr, James D. Colt, Ian Forman, James P. Jajuga and Frank G. Cousins, Jr., for legislation to clarify procedures relative to the Essex County Mosquito Control Projects. Senate Rule 36 was suspended, on motion of Ms. Wilkerson, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill, Senate, No. 2172) was referred to the committee on Natural Resources and Agriculture.

Retirement By Mr. Norton, for the committees on Rules of the two branches, change. acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Daniel P. Leahy for legislation to authorize the public employee retirement board to change a certain retirement. Senate Rule 36 was suspended, on motion of Ms. Wilkerson, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill, Senate, No. 2173) was referred to the committee on Public Service.

Satellite- By Mr. Norton, for the committees on Rules of the two branches, tax exemption. acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Edward J. Clancy, Jr., for legislation relative to the sales tax exemption for direct broadcast satellite and satellite programming services. Senate Rule 36 was suspended, on motion of Ms. Wilkerson, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill. Senate, No. 2174) was referred to the committee on Taxation. Highway By Mr. Norton, for the committees on Rules of the two branches, fund,— acting concurrently, that Joint Rule 12 be suspended on the Senate exemptions. petition of Richard R. Tisei and Patrick C. Guerriero for legislation relative to exemptions for certain funds allocated for highway repairs. Senate Rule 36 was suspended, on motion of Ms. Wilkerson, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill, Senate, No. 2175) was referred to the committee on Transportation. Severally sent to the House for concurrence.

By Mr. Magnani, for the committee on Education, Arts and Bunker Hill Community Humanities, on the message from His Excellency the Governor, College,— a Bill to further facilitate the establishment of a permanent Chelsea Chelsea campus. campus of Bunker Hill Community College (printed in House, No. 5733, changed by adding at the end thereof the following new section: "SECTION 3. Bunker Hill Community College shall immediately explore the feasibility of establishing an evening program and satellite campus at Somerville High School in the city of Somerville, with the view in mind the program be operational by September 1, 1997."); Read and, under Senate Rule 27, referred to the committee on Ways and Means. By Mr. Antonioni, for the committee on Criminal Justice, on Stalking law,- enhance. petition, a Bill to enhance the stalking law in the Commonwealth of Massachusetts (Senate, No. 2044, changed by striking out lines 4 and 5 and inserting in place thereof the following words ", including but not limited to, those conducted by use of a commercial tele- phonic or telecommunication device or by mail,") (Representative Fagan of Taunton dissenting); Read and, under Senate Rule 26, referred to the committee on Steering and Policy.

By Mr. Morrissey, for the committee on Government Regulations, Greenfield,— sale of liquor. on petition, a Bill authorizing the town of Greenfield to issue an additional license for the sale of liquor (Senate, No. 2099) [Local approval received]; Read and, under Senate Rule 26, placed in the Orders of the Dav for the next session.

Ms. Jacques, for the committee on Steering and Policy, reported that the following matters be placed in the Orders of the Day for the next session: The Senate bills Authorizing the State Board of Retirement to grant a retirement Steering and Policy to Edward F. Ryan, Jr. (Senate, No. 1346, changed) (the committee reports. on Ways and Means having recommended that the bill be amended by substituting a new draft entitled "An Act directing the State Board of Retirement to grant creditable service to Edward F. Ryan. Jr.", Senate, No. 2107); and Steering Relative to charitable organizations (Senate, No. 2098); and and Policy reports. The House Bill relative to certain blood tests (House, No. 4418, amended).

Committee Changes. Committee The President announced the resignation of Senator Jacques of on Bills in the Third Norfolk, Bristol and Middlesex as a member of the committee on Reading,— Bills in the Third Reading and the appointment of Senator Murray of changes. Plymouth and Barnstable to fill the vacancy.

PAPERS FROM THE HOUSE. Bills Vendors,— Relative to liability insurance for day care facilities (House, fraud. No. 5204, amended,— on House, No. 4134); Department of Relative to the reorganization of the Department of Public Safety Public Safety,— and fire services of the Commonwealth (House, No. 5290, reorganization. amended,— on House, No. 4648); and Municipal tax Relative to the assignment or transfer of municipal tax liabilities liabilities. by public sale (House, No. 5753,— on House, No. 3832); Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

Bills Stalking,— Relative to the crime of stalking (House, No. 1803, changed and penalty. amended,— on petition); and South Hadley Authorizing the South Hadley housing authority to make a certain housing authority. payment (House, No. 5651,— on petition); Were severally read and, under Senate Rule 26, referred to the committee on Steering and Policy.

Bills Provincetown,- Relative to recall elections in the town of Provincetown (House, recall election. No. 5416,— on petition) [Local approval received]; and Easthampton,- Providing for the extension of the term of an acting town admin- town administrator. istrator in the town of Easthampton (House, No. 5609, on petition) [Local approval received]; Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Weston,- A message from His Excellency the Governor (under the provi- unpaid bill. sions of Section 8 of Article LXXXIX of the Amendments to the Constitution) recommending legislation relative to authorizing the town of Weston to pay a certain unpaid bill (House, No 5752) was referred, in concurrence, to the committee on Local Affairs.

Petitions were referred, in concurrence, as follows: Dracut Petition (accompanied by bill, House, No. 5742) of Colleen M Convenience, Inc.,— Garry and John D. O'Brien (by vote of the town) that the town of beverage Dracut be authorized to issue an additional license for the sale of license. wine and malt beverages not to be drunk on the premises to Marc J. Gosselin, d/b/a Dracut Convenience Inc.; To the committee on Government Regulations. Petition (accompanied by bill, House, No. 5748) of Barbara C. Foxborough,- Marino Hyland and William R. Keating (by vote of the town) relative to Brothers. authorizing the town of Foxborough to pay a certain unpaid bill to Marino Brothers of New England; and Petition (accompanied by bill. House, No. 5749) of Anthony M. Springfield, water depart- Scibelli. Paul E. Caron and Linda J. Melconian (with the approval of ment funds. the mayor and city council) relative to authorizing the city of Springfield to borrow certain funds from the water department of said city; Severally to the committee on Local Affairs.

The Senate Bill relative to the exchange of certain land by the Wentworth Institute,— trustees of the Higher Education Coordinating Council and land Wentworth Institute of Technology (Senate, No. 1977),— came exchange. from the House passed to be engrossed, in concurrence, with an amendment striking out section 3 and inserting in place thereof the following section: "SECTION 3. The value of the properties described in sections one and two shall be determined by the commissioner based upon an independent professional appraisal prepared in accordance with standard appraising procedures and taking into consideration the impact on value of any easements and restrictions including, without limitation, use restrictions contained herein. The inspector general shall review and approve said appraisal and said review shall include a review of methodology utilized for said appraisal. The inspector general shall prepare a report of his review and file said report with the commissioner for submission to the house and senate committees on ways and means and chairmen of the joint committee on state administration. The consideration paid by the commonwealth for the property described in section two shall not exceed the fair market value of the property as determined in accordance with this section three, minus the value of the property described in section one as determined in accordance with this section three. The commissioner shall, thirty days before the execution of any agreement authorized by this act, or any subsequent amendment thereof, submit the agreement or amendment and a report thereon to the inspector general for his review and comment. The inspector general shall issue a report of his review and comment within fifteen days of receipt of any agreement or amendment. The commissioner shall submit the agreement and any subsequent amendments thereof, the reports, and the comments of the inspector general, if any, to the house and senate committees on ways and means and the chairmen of the joint committee on state administration at least fifteen days prior to execution.". Senate Rule 36 was suspended, on motion of Mr. Rauschenbach, and the House amendment was considered forthwith and adopted, in concurrence (as corrected by the committee on Bills in the Third Reading). 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: Lobsters,— The Senate Bill to prohibit the landing or sale in the Common- landing wealth of Massachusetts of lobsters taken outside of the Commonwealth of Massachusetts by a commercial fishing vessel fishing with dragging apparatus (Senate, No. 1103),— was read a third time. Pending the question on passing the bill to be engrossed, it was amended, on motion of Mr. Durand, by striking out all after the enacting clause and inserting in place thereof the following text:— "SECTION 1. Section 44 of chapter 130 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out, in line 8, the words 'twenty-five nor more than fifty', and inserting in place thereof the following words:— one hundred nor more than five hundred. SECTION 2. Said section 44 of said chapter 130, as so appearing, is hereby further amended by striking out, in lines 9 and 10, the words 'not less than fifty nor more than one hundred' and inserting in place thereof the following words:— not less than five hundred nor more than one thousand. SECTION 3. Said chapter 130 is hereby amended by inserting after section 44A the following section:— Section 44B. No commercial fishing vessel rigged for otter or beam trawl or dragging operations shall land more than three hundred and fifty lobsters at any location within the jurisdiction of the commonwealth unless the captain, master or other person respon- sible for the operation of such vessel certifies on forms determined by the director that not more than fifty lobsters have been taken for each consecutive day of fishing up to a maximum of seven consecutive days. SECTION 4. If the New England Fisheries Management Council adopts a Lobster Management Plan, the Massachusetts department of fisheries, wildlife and environmental law enforcement shall establish a committee to draft recommendations for a Massachusetts lobster plan based on the federal management plan."; and by striking out the title and inserting in place thereof the following title:— "An Act limiting the landing of lobsters taken by dragging apparatus." The amendments were adopted. The bill, as amended, was then passed to be engrossed. Sent to the House for concurrence.

Resolutions.

Give Yourself Mr. Jajuga presented "Resolutions recognizing the week of Credit Week February eighteenth, nineteen hundred and ninety-six as 'Give Yourself Credit Week' in the Commonwealth."; and. under the rule, they were referred 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. Berry, and adopted. Mr. Lees offered "Resolutions honoring Junior Achievement of Junior Achievement Western Massachusetts, Inc."; and, under the rule, they were of Western referred to the committee on Rules. Massachusetts, Subsequently, Mr. Norton, for the said committee, reported, Inc. recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Mr. Berry, and adopted.

Committee Changes.

The President announced the resignation of Senator Murray of Committee on Bills in Plymouth and Barnstable as a member of the committee on Bills in the Third the Third Reading and the reappointment of Senator Jacques of Reading,— Norfolk. Bristol and Middlesex thereto. changes.

PAPER FROM THE HOUSE. Emergency Preamble Adopted. An engrossed Bill relative to the expansion, upkeep, and reinvest- Correctional ment in the correctional facilities of the Commonwealth and the bondinetC',_ counties, certain state police facilities, and the facilities of the authorization. Department of Youth Services (see Senate, No. 2157), 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 President and sent to the House for enactment.

Order Adopted. On motion of Ms. Pines,— Ordered, That when the Senate adjourns today, it adjourn to meet Time of again on Monday next at eleven o'clock A.M., and that the Clerk be meetlr>g- directed to dispense with the printing of a calendar.

On motion of Mr. Amorello, at sixteen minutes past eleven o'clock A.M., the Senate adjourned to meet on the following Monday at eleven o'clock A.M. Monday, January 29, 1996. Met at one minute past eleven o'clock A.M.

Communication. Executive A communication from the Executive Office for Administration Office for Administration and Finance (under the provisions of Section 3B of Chapter 7 of the and Finance,— General Laws) submitting notification of the Secretary's intention to communication. institute changes or additions to various Registry of Motor Vehicle fees (received Thursday, January 25, 1996),— was placed on file.

Petitions. Petitions were presented and referred, as follows: Worcester,— By Mr. Antonioni, a petition (subject to Joint Rule 12) of Robert A. drainage Antonioni for legislation to authorize the Metropolitan District easements. Commission to convey certain drainage easements to the county of Worcester; Worcester,— By the same Senator, a petition (subject to Joint Rule 12) of probate Robert A. Antonioni for legislation relative to increasing the number judges. of probate judges in Worcester County; Multi-service By Mr. Clancy, a petition (subject to Joint Rule 12) of Edward J. center. Clancy, Jr., for legislation relative to a certain multi-service center; Juries,— By Mr. Hedlund, a petition (subject to Joint Rule 12) of Daniel defendant's Edmonds and Robert L. Hedlund for legislation relative to a defen- right. dant's right to instruct juries; and Abuse By the same Senator (by request), a petition (subject to Joint prevention Rule 12) of Marie Kalp, Jason Scott Wallace, and Malcolm K. Kalp orders. for legislation to further define abuse prevention orders; Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees. Handicap By Mr. Norton, for the committees on Rules of the two branches, plates,— acting concurrently, that Joint Rule 12 be suspended on the Senate issuance. petition of Edward Borgatti for legislation relative to the issuance of handicapped plates to a person deemed temporarily handicapped by a medical doctor. Senate Rule 36 was suspended, on motion of Ms. Murray, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill, Senate, No. 2177) was referred to the committee on Public Safety. Sent to the House for concurrence. By Ms. Wilkerson, for the committee on Insurance, on petition Automobile (accompanied by bill, Senate, No. 2143), a Bill relative to lower insurance automobile insurance rates (Senate, No. 2163); rates. Read and, under Senate Rule 27, referred to the committee on Ways and Means.

Ms. Jacques, for the committee on Steering and Policy, reported that the following matters be placed in the Orders of the Day for the next session: The Senate bills Relative to attorney's fees in housing bias cases involving the Steering Commonwealth (Senate, No. 865) (the committee on Ways and and Policy reports. Means having recommended that the bill be amended by inserting after the word "fees", in line 4, the following words:— "and costs"); and Maintaining the confidentiality of the location of domestic vio- lence victim's programs and rape crises centers (Senate, No. 869).

Resolutions.

Mr. Keating presented "Resolutions congratulating James J. James J. Leonard on the occasion of a dinner in his honor"; and, under the Leonard. rule, they were referred 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.

Mr. Montigny presented "Resolutions honoring Earl M. Earl M. Carter, Sr., during African-American History Month for his contri- Carter, Sr. butions to the city of New Bedford and the Commonwealth"; and, under the rule, they were referred 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.

Mr. Montigny presented "Resolutions honoring Professor Everett Everett Hoagland during African-American History Month for his contribu- Hoagland. tions to the New Bedford community and the Commonwealth"; and, under the rule, they were referred 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.

Mr. Montigny presented "Resolutions honoring Rhoda M. Purcell Rhoda M. during African-American History Month for her contributions to the Purcell. city of New Bedford and the Commonwealth"; and, under the rule, they were referred 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.

Reverend Mr. Montigny presented "Resolutions honoring the Reverend Joyce M. Joyce M. Whetstone during African-American History Month for Whetstone. her contributions to the city of New Bedford and the Common- wealth"; and, under the rule, they were referred 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.

Reverend Mr. Montigny presented "Resolutions honoring Reverend Thomas Thomas Patrick Zgambo, Ph.D., during African-American History Patrick Zgambo, Ph.D. Month for his contributions to the New Bedford community and the Commonwealth"; and, under the rule, they were referred 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.

PAPERS FROM THE HOUSE.

Holliston,— A Bill authorizing the town of Holliston to deduct payroll contri- educational butions from employees for the Holliston education foundation foundation. (House, No. 5699,— on petition) [Local approval received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Employees,- A report of the committee on Counties on the part of the House, benefits. asking to be discharged from further consideration of the House Bill relative to equal employment benefits for public sector employees (House, No. 5453), and recommending that the same be referred to the committee on Insurance,— was considered forthwith, under Senate Rule 36, and accepted, in concurrence, insomuch as relates to the reference to the joint committee.

Reports Of the committee on Counties, asking to be discharged from further consideration Middlesex Of the petition (accompanied by bill, Senate, No. 137) of Charles E. County Shannon and Francis X. Flaherty for legislation to prohibit employees,— advisory board employees or former employees from serving on committees of the membership advisory board on expenditures for Middlesex County; Of the petition (accompanied by bill, House, No. 5559) of Burn stable County,— Edward B. Teague 111 and Henri S. Rauschenbach relative to the facilities. construction of certain facilities in Barnstable County; and Of the petition (accompanied by bill, House, No. 5678) of Stoneham,--- Patrick C. Guerriero, Paul C. Casey and Richard R. Tisei (by vote of dogs. the town) relative to the regulation of dogs in the town of Stoneham; And recommending that the same severally be referred to the committee on Counties on the part of the House. Were severally considered forthwith, under Senate Rule 36, and accepted, in concurrence, insomuch as relates to the discharge of the joint committee.

Order Adopted. On motion of Mr. Wetmore,— Ordered. That when the Senate adjourns today, it adjourn to meet Time of again on Wednesday next at one o'clock P.M. meeting.

On motion of Ms. Melconian, at five minutes past eleven o'clock A.M.. the Senate adjourned to meet on the following Wednesday at one o'clock P.M. Wednesday, January 31, 1996. Met at ten minutes past one o'clock P.M.

Petitions. Petitions were presented and referred, as follows: Limited By Mr. Durand, a petition (subject to Joint Rule 12) of Robert A. liability companies. Durand, the Associated Industries of Massachusetts, by Richard C. Lord, senior vice-president, and Daniel J. Valianti for legislation relative to limited liability companies; Retirement By the same Senator, a petition (subject to Joint Rule 12) of benefits,— Robert A. Durand and Daniel J. Valianti for legislation to authorize grant. and direct the State Board of Retirement to grant the spouse of a former Massachusetts State Trooper certain retirement benefits; Motor vehicle,- By Ms. Murray (by request), a petition (subject to Joint Rule 12) trade in. of Thomas F. Bowes for legislation relative to the trade-in of motor vehicles; Property,- By Mr. Rauschenbach, a petition (subject to Joint Rule 12) of taxation. Henri S. Rauschenbach and Shirley A. Gomes for legislation relative to the taxation of personal property situated in a non-domicile dwelling; and Barnstable,- By the same Senator, a petition (subject to Joint Rule 12) of Disabled American Henri S. Rauschenbach for legislation relative to the sale of Disabled Veterans. American Veterans' land in the town of Barnstable; Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Senate Orders. Mr. White presented an order and the same was referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently, as follows, to wit:— Committee Ordered. That, notwithstanding the provisions of Joint Rule 10, on Banks the joint committee on Banks and Banking be granted until Wednes- and Banking,- reporting day, February 21, 1996, within which to make its final reports on extension. current Senate documents numbered 2155 and 2164. Mr. Keating presented an order and the same was referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently, as follows, to wit:— Committee Ordered. That, notwithstanding the provisions of Joint Rule 10, on the the joint committee on the Judiciary be granted until Wednesday, Judiciary,— reporting March 6, 1996, within which to make its final reports on current extension. Senate documents numbered 628, 699, 847, 854, 866 868 874 877 878,883,884,889,913,919,927,930,940,948,949 1001 'l014 1015, 1021, 1023, 1033, 1812, 1 857, 2015, 2031, 2039 and 2170. Resolutions. Mrs. Hicks and other members of the Senate presented Re so lu Local aid tions providing for a declaration of intent of the Senate relative to the amount and distribution of local aid to (he cities, towns and regional school districts during fiscal year nineteen hundred and ninety-seven (Senate, No. 2176),— and the same was referred, under the rule, to the committee on Rules.

Opinions of the Justices of the Supreme Judicial Court. A communication from the Honorable the Justices of the Supreme Railroads,- financial Judicial Court on important questions of law with relation to assistance. "An Act relative to providing financial assistance to certain railroads" (see Senate, No. 2073) [for opinions, see Senate document numbered 2178] (received in the office of the Clerk of the Senate on Wednesday, January 31, 1996, at one minute past twelve o'clock noon),— was read and placed on file.

Orders of the Day. The Orders of the Day were considered, as follows:

The Senate Bill relative to public university police officers Public (Senate, No. 1400),— was read a second time and was amended, as university police previously recommended by the committee on Ways and Means, by officers. substituting a new draft entitled "An Act relative to the retirement of University of Massachusetts police" (Senate, No. 2105). The new draft (Senate, No. 2105) was then ordered to a third reading.

The Senate Bill to improve access to mental health services Mental (Senate, No. 1809),— was read a second time and was amended, as health previously recommended by the committee on Ways and Means, by services. substituting a new draft entitled "An Act authorizing licensed mental health counselors to receive certain insurance payments" (Senate, No. 1940). The new draft (Senate, No. 1940) was then ordered to a third reading.

The Senate Bill relative to utility collection procedures in the Northbridge,— town of Northbridge (Senate, No. 2030),— was read a second time collection and ordered to a third reading. procedures.

The Senate Bill authorizing the conveyance to the town of South- Southborough,- borough of a certain parcel of land in said town to be used for ceme- land tery purposes (Senate, No. 2040),— was read a second time and was conveyance. amended, as previously recommended by the committee on Ways and Means, by substituting a new draft with the same title (Senate, No. 2102). The new draft (Senate, No. 2102) was then ordered to a third reading. Bills Second Relative to insurance and retirement benefits in the town of reading Abington (Senate, No. 2052); bllls Providing for the appointment of fish wardens in the town of Middleborough (Senate, No. 2085); Further amending Chapter 405 of the Acts of 1983, an act establishing the Town of Arlington Scholarship Fund (Senate, No. 2086); Relative to charter school reimbursement (Senate, No. 2091); Further regulating certain notice requirements of the wetland protection law (House, No. 1350); Exempting the position of town accountant in the town of Billerica from the provisions of the civil service law (House, No. 4691); Relative to the membership of the conservation commission of the town of Chilmark (House, No. 4977); Relative to placement of the one sentence statement on the ballot (House, No. 5259); Authorizing the town of Rockport to offer health insurance to certain elected officials and employees (House, No. 5346); Relative to the sounding of certain warning devices in the town of Norfolk (House, No. 5354); Providing for an alternate member on the building committee in the town of Provincetown (House, No. 5419, changed and amended); Authorizing the town of Rockport to lease a certain building (House, No. 5433); Relative to the charter of the town of Truro (House, No. 5473); Authorizing the commissioner of public works of the city of Newton to act upon certain underground utility petitions (House, No. 5490); and Providing group insurance benefits for certain surviving spouses of deceased employees or retired employees in the town of Wilmington (House, No. 5709); Were severally read a second time and ordered to a third reading.

State police,- The House Bill further regulating state police promotional exams promotional (House, No. 5302, amended),— was read a second time and ordered to a third reading.

Political The House Bill relative to contributions to political action com- action mittees by wire transfer (House, No. 5592),— was read a second time. committees. Pending the question on ordering the bill to a third reading, on motion of Mr. Lees, the further consideration thereof was post- poned until Tuesday, February 20.

Housing The House Bill relative to tenant members of housing authorities authorities,- (House, No. 5657),— was read a second time. tenant members. Pending the question on ordering the bill to a third reading, on motion of Mr. Jajuga, the further consideration thereof was post- poned until Wednesday, February 7. The House Bill further regulating the distribution of certain cos- Cosmetic metic samples (House, No. 4246),— was considered, the question samples,- being on ordering it to a third reading. distribute Mr. Travaglini moved that the bill be amended by striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2154. After debate, the question on adoption of the amendment was determined by a call of the yeas and nays, at twenty-eight minutes before two o'clock P.M., on motion of Mr. Tisei, as follows, to wit (yeas 32 — nays 5):

YEAS.

Antonioni. Robert A. Morrissey, Michael W. Bernstein. Robert A Murray, Therese Berry, Frederick E. Norton, Thomas C. Clancy. Edward J., Jr. O'Brien. John D. Creedon. Michael C. Pacheco, Marc R Durand. Robert A. Pines, Lois G. Havern. Robert A. Rauschenbach, Henri S Jacques, Cheryl A. Rosenberg, Stanley C. Jajuga, James P. Shannon, Charles E. Keating, William R. Tarr. Bruce E. Knapik. Michael R. Tolman, Warren E. Leahy. Daniel P. Travaglini, Robert E. Lees. Brian P. Walsh. Marian Magnani. David P. Wetmore, Robert D. Melconian. Linda J. White, W. Paul Montigny. Mark C. Wilkerson, Dianne — 32.

NAYS.

Amorello, Matthew J. Swift, Jane M. Hedlund. Robert L. Tisei, Richard R. — 5. Hicks, Lucile P.

The yeas and nays having been completed at twenty-two minutes before two o'clock P.M., the amendment was adopted. The bill, as amended, was then ordered to a third reading.

PAPERS FROM THE HOUSE. Message from His Excellency transmitting an outline of proposed Executive Executive reorganization plans submitted under Article LXXXVII of reorganization the Amendments to the Constitution and proposed legislation plans involving county government and various authorities, agencies, boards, commissions and departments of the Commonwealth (House, No. 5800) (having been sent by the House to the Senate for its information),— was returned to the House to be placed on file.

The following messages were severally referred, in concurrence, as follows: Message from the Governor — Reorganization Plan Number 1 of 1996.

Reorganization A message from His Excellency the Governor submitting (under Plan No. 1,— Article LXXXVII of the Amendments to the Constitution) Reorgani- reorganizing Governor's zation Plan Number 1 of 1996, relative to reorganizing the Governor's cabinet. cabinet (House, No. 5801). Under Article LXXXVII and Joint Rule 23A, with the accompa- nying draft of a bill, to the joint committee on Ways and Means and the committee on State Administration, acting jointly.

Message from the Governor — Reorganization Plan Number 2 of 1996.

Reorganization A message from His Excellency the Governor submitting (under Plan No. 2,— Article LXXXVII of the Amendments to the Constitution) reorganizing Administration Reorganization Plan Number 2 of 1996, relative to reorganizing cer- and Finance. tain agencies of the Executive Office for Administration and Finance for the purpose of consolidating and coordinating the functions thereof (House, No. 5802). Under Article LXXXVII and Joint Rule 23A, with the accompa- nying draft of a bill, to the joint committee on Ways and Means and the committee on State Administration, acting jointly.

Message from the Governor — Reorganization Plan Number 3 of 1996.

Reorganization A message from His Excellency the Governor submitting (under Plan No. 3,— Article LXXXVII of the Amendments to the Constitution) reorganizing regulatory Reorganization Plan Number 3 of 1996, relative to abolishing, con- agencies. solidating, and coordinating certain regulatory and licensing agencies and transferring them to the department of licensing and regulation in the Executive Office for Administration and Finance (House, No. 5803). Under Article LXXXVII and Joint Rule 23A, with the accompa- nying draft of a bill, to the joint committee on Ways and Means and the committees on Banks and Banking, Commerce and Labor, Energy, Government Regulations, Insurance, Public Safety and State Administration, acting jointly.

Message from the Governor — Reorganization Plan Number 4 of 1996.

Reorganization A message from His Excellency the Governor submitting (under Plan No. 4,— Article LXXXVII of the Amendments to the Constitution) health and human services Reorganization Plan Number 4 of 1996, relative to reorganizing, agencies. consolidating and transferring health and human services agencies with the Executive Office of Family Services (House, No. 5804). Under Article LXXXVII and Joint Rule 23A, with the accompa- nying draft of a bill, to the joint committee on Ways and Means and the committees on Health Care and Human Services and Elderly Affairs, acting jointly. Message from the Governor — Reorganization Plan Number 5 of 1996. A message from His Excellency the Governor submitting (under Reorganization Article LXXXV1I of the Amendments to the Constitution) PianNo.5,- Reorganization Plan Number 5 of 1996, relative to reorganizing the Environment Executive Office of Environmental Affairs (House, No. 5805). Under Article LXXXVII and Joint Rule 23A, with the accompa- nying draft of a bill, to the joint committee on Ways and Means and the committees on Housing and Urban Development and Natural Resources and Agriculture, acting jointly.

Message from the Governor — Reorganization Plan Number 6 of 1996. A message from His Excellency the Governor submitting (under Reorganization Article LXXXVII of the Amendments to the Constitution) Plan No. 6,— Reorganization Plan Number 6 of 1996, relative to reorganizing the pTf^Tf Executive Office of Public Safety (House, No. 5806). y Under Article LXXXVII and Joint Rule 23A, with the accompa- nying draft of a bill, to the joint committee on Ways and Means and the committees on the Judiciary and Public Safety, acting jointly.

Message from the Governor — Reorganization Plan Number 7 of 1996. A message from His Excellency the Governor submitting (under Reorganization Article LXXXVII of the Amendments to the Constitution) PianNo.7,— Reorganization Plan Number 7 of 1996, relative to reorganizing and ceSXfes consolidating the Executive Office of Transportation and and departments. Construction, the Massachusetts Department of Highways and the Division of Capital Planning and Operations (House, No. 5807). Under Article LXXXVII and Joint Rule 23A, with the accompa- nying draft of a bill, to the joint committee on Ways and Means and the committees on State Administration and Transportation, acting jointly.

Message from the Governor — Reorganization Plan Number 8 of 1996. A message from His Excellency the Governor submitting (under Reorganization Article LXXXVII of the Amendments to the Constitution) PianNo.8,— Reorganization Plan Number 8 of 1996, relative to eliminating u™^ unnecessary boards, commissions and positions from Massachusetts positions, state government (House, No. 5808). Under Article LXXXVII and Joint Rule 23A, with the accompa- nying draft of a bill, to the joint committee on Ways and Means and the committee on State Administration, acting jointly.

A message from His Excellency the Governor recommending legis- Boards of lation relative to reorganizing certain agencies and transferring them to — the Executive Office for Administration and Finance (House, No. 5809). To the joint committee on Ways and Means and the committees on Banks and Banking, Commerce and Labor, Energy, Government Regulations, Insurance, Public Safety and State Administration, acting jointly.

Employment A message from His Excellency the Governor recommending legis- and Training. lation relative to transferring certain functions of the Department of Employment and Training to the Department of Revenue (House, No. 5810). To the joint committee on Ways and Means and the committees on Commerce and Labor and Taxation, acting jointly.

Aeronautics A message from His Excellency the Governor recommending legis- Commission, lation relative to transferring certain functions of the Massachusetts etc.,— functions. Aeronautics Commission, the Massachusetts Office of International Trade and Investment, the Massachusetts Office of Travel and Tourism and the Massachusetts Office of Film and Video Development to the Massachusetts Port Authority (House, No. 5811). To the joint committee on Ways and Means and the committees on Commerce and Labor, State Administration and Transportation, acting jointly.

Economic A message from His Excellency the Governor recommending legis- Affairs,— lation relative to elimination of the Executive Office of Economic eliminate. Affairs (House, No. 5812). To the joint committee on Ways and Means and the committee on Commerce and Labor, acting jointly.

County A message from His Excellency the Governor recommending legis- government,- lation relative to abolishing county government (House, No. 5813). To abolish. the joint committee on Ways and Means and the committee on Counties, acting jointly.

Correctional A message from His Excellency the Governor recommending legis- facilities. lation relative to the more effective utilization of state and county correctional facilities (House, No. 5814). To the joint committee on Ways and Means and the committees on Counties and Public Safety, acting jointly.

Education A message from His Excellency the Governor recommending legis- and job lation relative to achieving the integration of and improve the quality training. of education and job training in the Commonwealth (House, No. 5815). To the joint committee on Ways and Means and the committees on Commerce and Labor and Education, Arts and Humanities, acting jointly.

Board of A message from His Excellency the Governor recommending legis- Education. lation relative to the Board of Education (House, No. 5816). To "the joint committee on Ways and Means and the committee on Education, Arts and Humanities, acting jointly. A message from His Excellency the Governor recommending legis- Communities lation relative to consolidating the non-housing functions of the and Executive Office of Communities and Development with the division Development. of local services (House. No. 5817). To the joint committee on Ways and Means and the committees on Housing and Urban Development and Local Affairs, acting jointly.

A message from His Excellency the Governor recommending legis- Commonwealth lation relative to authorizing innovative management of certain properties- Commonwealth properties (House, No. 5818). To the joint committee management on Ways and Means and the committees on Housing and Urban Development, Natural Resources and Agriculture and State Administration, acting jointly.

A message from His Excellency the Governor recommending legis- Parks and lation relative to directing the maintenance and repair of boulevards, ^ads3''0"'- parkways, roads, ways and bridges under the care, custody and control r°d s of the Department of Parks and Recreation by the Department of Transportation (House, No. 5819). To the joint committee on Ways and Means and the committees on Housing and Urban Development, Natural Resources and Agriculture and Transportation, acting jointly.

A message from His Excellency the Governor recommending legis- Communities lation relative to transferring to the Massachusetts Public Housing and Development,- Agency and the Massachusetts Housing Finance Agency certain func" functions. tions of the Executive Office of Communities and Development (House, No. 5820). A message from His Excellency the Governor recommending legis- Communities lation relative to the elimination of the Executive Office of and Development,- Communities and Development (House, No. 5821). eliminate. Severally to the joint committee on Ways and Means and the committee on Housing and Urban Development, acting jointly.

A message from His Excellency the Governor recommending legis- Public Safety,- lation relative to the reorganized Executive Office of Public Safety reorganize. (House, No. 5822). A message from His Excellency the Governor recommending legis- Criminal lation relative to the more effective supervision of criminal offenders offenders. (House, No. 5823). Severally to the joint committee on Ways and Means and the committees on the Judiciary and Public Safety, acting jointly.

A message from His Excellency the Governor recommending legis- Uniform lation relative to creating uniform environmental and development per- environmental and mitting procedures in the Commonwealth (House, No. 5824). To the development. joint committee on Ways and Means and the committee on Natural Resources and Agriculture, acting jointly. Management A message from His Excellency the Governor recommending legis- positions,— lation relative to limiting the period of service in management posi- service. tions in the service of the Commonwealth (House, No. 5825). Pension A message from His Excellency the Governor recommending legis- system,— lation relative to reforming the Commonwealth's pension system reform. (House, No. 5826). Severally to the joint committee on Ways and Means and the committee on Public Service, acting jointly.

Administration A message from His Excellency the Governor recommending legis- and Finance,— lation relative to consolidating and streamlining certain functions of streamline. the Executive Office for Administration and Finance and its divisions (House, No. 5827). To the joint committee on Ways and Means and the committees on Public Service, State Administration and Taxation, acting jointly.

Real property A message from His Excellency the Governor recommending legis- transactions. lation relative to real property transactions, construction and development involving the Commonwealth (House, No. 5828). To the joint committee on Ways and Means and the committee on State Administration, acting jointly.

Civil service,- A message from His Excellency the Governor recommending legis- reform. lation relative to reforming the civil service system (House, No. 5829). To the joint committee on Ways and Means and the committee on Public Service, acting jointly.

Income tax,- A message from His Excellency the Governor recommending legis- reduce. lation relative to reducing the personal income tax (House, No. 5830). To the joint committee on Ways and Means and the committee on Taxation, acting jointly.

Transportation A message from His Excellency the Governor recommending legis- facilities. lation relative to amending Chapter 16IB of the General Laws (House, No. 5831). Highway A message from His Excellency the Governor recommending legis- Department,— lation relative to amending certain special acts with respect to expenditures. Department of Highway oversight of Chapter 90 expenditures by cities and towns (House, No. 5832). Transportation A message from His Excellency the Governor recommendine legis- Department,— lation relative to modifying Department of Transportation oversight of public construction. public construction by cities and towns (House, No. 5833). Transportation A message from His Excellency the Governor recommendine legis- authorities,— lation relative to authorizing the Governor to approve capital expendi- capital expenditures. tures for transportation authorities (House, No. 5834). M.B.T.A. A message from His Excellency the Governor recommendin" legis- Advisory lation relative to abolishing the Advisory Board of the Massachusetts Board,— abolishing. Bay Transportation Authority (House, No. 5835). A message from His Excellency the Governor recommending legis- Railroad lation relative to creating the Massachusetts railroad authority (House, authority,— establish. No. 5836). A message from His Excellency the Governor recommending legis- Department of lation relative to restructuring the Department of Transportation Transportation. (House, No. 5837). Severally to the joint committee on Ways and Means and the committee on Transportation, acting jointly.

A message from His Excellency the Governor recommending legis- State finance lation relative to modernizing state finance law (House, No. 5838). To law,— modernize. the joint committee on Ways and Means.

Petitions were referred, in concurrence, as follows: Petition (accompanied by bill, House, No. 5755) of Anthony M. Springfield,- Scibelli (with the approval of the mayor and city council) relative to bonds. the issuance of certain bonds by the city of Springfield; To the committee on Local Affairs. Petition (accompanied by bill, House, No. 5756) of Geoffrey D. Westford,— Hall and Daniel P. Leahy (by vote of the town) that the town of open space Westford be authorized to establish an open space land bank fund; land bank. To the committee on Taxation.

Engrossed Bills — Land Taking for Conservation, Etc.

An engrossed Bill authorizing the city of Lynn to use certain park Lynn- land for non-park purposes (see Senate, No. 2136) (which originated [*ansfer in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at twenty minutes before two o'clock P.M., as follows, to wit (yeas 36 — nays 0):

YEAS.

Amorello, Matthew J. Leahy, Daniel P. Antonioni, Robert A. Lees, Brian P. Bernstein, Robert A. Magnani, David P. Berry, Frederick E. Melconian, Linda J. Clancy, Edward J., Jr. Montigny, Mark C. Creedon, Michael C. Morrissey, Michael W. Durand, Robert A. Murray, Therese Havern, Robert A. Norton, Thomas C. Hedlund, Robert L. O'Brien,John D Hicks, Lucile P. Pines, Lois G. Jacques, Cheryl A. Rauschenbach. Henri S. Jajuga, James P. Rosenberg, Stanley C. Keating, William R. Shannon, Charles E. Knapik, Michael R. Swift, Jane M. Lynn,— Tarr, Bruce E. Walsh, Marian !and Tisei, Richard R. Wetmore, Robert D. Tolman, Warren E. White, W. Paul Travaglini, Robert E. Wilkerson, Dianne — 36.

NAYS — 0.

ABSENTOR NOT VOTING.

Pacheco, Marc R. — 1.

The yeas and nays having been completed at sixteen minutes before two o'clock P.M., the bill was passed to be enacted, two- thirds of the members present having agreed to pass the same, and it was signed by the President and laid before the Governor for his approbation.

Northampton,— An engrossed Bill authorizing the Division of Capital Planning easements. ancj Operations to grant easements in certain land located in the city of Northampton (see House, No. 5664) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at a quarter before two o'clock P.M., as follows, to wit (yeas 36 — nays 0):

YEAS.

Amorello, Matthew J. Montigny, Mark C. Antonioni. Robert A. Morrissey, Michael W. Bernstein. Robert A. Murray, Therese Berry, Frederick E. Norton, Thomas C. Clancy, Edward J.. Jr. O'Brien, John D. Creedon, Michael C. Pines, Lois G. Durand, Robert A. Rauschenbach, Henri S Havern, Robert A. Rosenberg, Stanley C. Hedlund, Robert L. Shannon, Charles E. Hicks, Lucile P Swift, Jane M. Jacques, Cheryl A. Tarr, Bruce E Jajuga, James P. Tisei. Richard R. Keating, William R. Tolman. Warren E. Knapik, Michael R. Travaglini. Robert E. Leahy, Daniel P. Walsh, Marian Lees, Brian P. Wetmore, Robert D. Magnani, David P. White, W. Paul Melconian, Linda J. Wilkerson, Dianne — 36.

NAYS —0.

ABSENT OR NOT VOTING.

Pacheco, Marc R. — 1. The yeas and nays having been completed at twelve minutes before two o'clock P.M., the bill was passed to be enacted, two- thirds of the members present having agreed to pass the same, and it was signed bv the President and laid before the Governor for his approbation.

An engrossed Bill validating the conveyance of a certain parcel South Hadiey,— of park land in the town of South Hatlley (see House Bill, printed in PARK|AND House, No. 5653) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at eleven minutes before two o'clock P.M., as follows, to wit (yeas 36 — nays 0):

YEAS.

Amorello, Matthew J. Montigny, Mark C. Antonioni, Robert A. Morrissey, Michael W. Bernstein. Robert A. Murray. Therese Berry. Frederick E. Norton, Thomas C. Clancy, Edward J.. Jr. O'Brien.John D. Creedon, Michael C. Pines, Lois G. Durand, Robert A. Rauschenbach, Henri S. Havern, Robert A. Rosenberg, Stanley C. Hedlund, Robert L. Shannon, Charles E. Hicks. Lucile P. Swift, Jane M. Jacques, Cheryl A. Tarr, Bruce E. Jajuga. James P. Tisei, Richard R. Keating. William R Tolman, Warren E. Knapik, Michael R. Travaglini, Robert E. Leahy, Daniel P Walsh. Marian Lees. Brian P. Wetmore, Robert D. Magnant. David P. White, W. Paul Melconian, Linda J. Wilkerson, Dianne — 36.

NAYS —0.

ABSENT OR NOT VOTING.

Pacheco, Marc R. — 1.

The yeas and nays having been completed at seven minutes before two o'clock P.M., the bill was passed to be enacted, two- thirds of the members present having agreed to pass the same, and it was signed by the President and laid before the Governor for his approbation.

Committee of Conference Report. A report, in part, of the committee of conference on the dis- Environmental agreeing votes of the two branches, with reference to the Senate protection amendments to the House Bill providing for an environmental program' Environmental enhancement and protection program for the Commonwealth program" (House, No. 5206) (amended by the Senate by striking out all after the enacting clause and inserting in place thereof the text ot Senate document numbered 2076; 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 provide immediately for an environmental enhancement and protection program for the Commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public health, safety and convenience."), recommending a "Bill providing for an environmental enhancement and protection program for the Commonwealth" (House, No. 5763). The report was read. Senate Rule 36 was suspended, on motion of Mr. Durand, and the report was considered forthwith. After debate, the question on accepting the report was determined by a call of the yeas and nays, at six minutes past two o'clock P.M., on motion of Mr. Durand, as follows, to wit (yeas 37 — nays 0):

YEAS.

Amorello. Matthew J. Morrissey, Michael W. Antonioni. Robert A. Murray, Therese Bernstein, Robert A. Norton, Thomas C. Berry, Frederick E. O'Brien, John D. Clancy. Edward J.. Jr. Pacheco, Marc R. Creedon. Michael C. Pines, Lois G. Durand, Robert A. Rauschenbach. Henri S. Havern, Robert A. Rosenberg. Stanley C. Hedlund, Robert L. Shannon, Charles E. Hicks, Lucile P. Swift, Jane M Jacques, Cheryl A. Tarr, Bruce E. Jajuga. James P. Tisei, Richard R. Kealing, William R. Tolman, Warren E. Knapik, Michael R. Travaglini, Robert E. Leahy, Daniel P. Walsh, Marian Lees, Brian P. Wctmore, Robert D. Magnani, David P. White, W. Paul Melconian, Linda J. Wilkerson. Dianne — 37. Montigny, Mark C.

NAYS —0.

The yeas and nays having been completed at ten minutes past two o'clock P.M., the report was accepted, in concurrence.

Resolutions.

MauriceJ. Mr. Knapik offered "Resolutions honoring Maurice J. Ferriter, Ferriter, Esq. Esquire, of Holyoke upon his being named the recipient of the William G. Dwight Award by the Holyoke Rotary Club"; and, under the rule, they were referred 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. Melconian, and adopted.

Mr. Leahy offered "Resolutions honoring Zenny Speronis for his Zenny tireless efforts on behalf of the civic good of Lowell"; and, under the sPeronis rule, they were referred 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. Melconian, and adopted.

Mr. Montigny presented "Resolutions commending Attorney Attorney Thomas R. Hunt for his outstanding commitment and continued ded- Thomas R. ication to public service"; and, under the rule, they were referred to Hunt. 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. Melconian, and adopted.

Mr. Shannon presented "Resolutions honoring Lillian Popken for Lillian her twenty-seven years of extraordinary service and dedication to PoPken the city of Somerville"; and, under the rule, they were referred 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. Melconian, and adopted.

Mr. White offered "Resolutions congratulating Margie Tessari on Margie the occasion of her retirement"; and, under the rule, they were Tessari. referred 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. Melconian, and adopted.

Distinguished Guests. There being no objection, the President introduced, seated in the Essex rear of the Chamber, Anne Harris, Executive Director, Thomas M. Heritage. Leonard, Chairman, of the Essex Heritage Commission, and Biff Commlss,on Michaud, Chairman, State Liaison Committee Salem Partnership. They were the guests of Senators Berry and Tarr.

PAPER FROM THE HOUSE. Engrossed Bill — Land Taking for Conservation, Etc.— State Loan. An engrossed Bill relative to the expansion, upkeep, and reinvest- Correctional ment in the correctional facilities of the Commonwealth and the facilities, etc.,- counties, certain state police facilities, and the facilities of the authorization. Correctional Department of Youth Services (see Senate, No. 2157) (which origi- facilities, etc.,— nated in the House), having been certified by the Senate Clerk to be bonding authorization. rightly and truly prepared for final passage,— was put upon its final passage; and, this being a bill providing for the taking of land and other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution; and. this being a bill that provided for the borrowing of money, in accordance with the provisions of Section 3 of Article LXII of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at a quarter past two o'clock P.M., as follows, to wit (yeas 37 — nays 0):

YEAS.

Amorello, Matthew J. Morrissey, Michael W. Antonioni, Robert A. Murray, Therese Bernstein, Robert A. Norton, Thomas C. Berry, Frederick E. O'Brien, John D. Clancy, Edward J., Jr. Pacheco. Marc R. Creedon, Michael C. Pines, Lois G. Durand. Robert A. Rauschenbach, Henri S. Havern, Robert A. Rosenberg, Stanley C. Hedlund, Robert L. Shannon. Charles E. Hicks, Lucile P. Swift. Jane M. Jacques, Cheryl A. Tarr. Bruce E. Jajuga. James P. Tisei, Richard R. Keating. William R. Tolman, Warren E. Knapik, Michael R. Travaglini, Robert E. Leahy, Daniel P. Walsh, Marian Lees, Brian P. Wetmore. Robert D. Magnani. David P. White, W. Paul Melconian, Linda J. Wilkerson. Dianne — 37 Montigny, Mark C.

NAYS — 0.

The yeas and nays having been completed at twenty-two minutes past two o'clock P.M., the bill was passed to be enacted, two-thirds of the members present having agreed to pass the same, and it was signed by the President and laid before the Governor for his approbation.

Senate Orders Adopted. Mr. Norton offered the following order, and the same was referred, under the joint rule, to the committees on Rules of the two branches, acting concurrently, as follows, to wit:— Joint standing Ordered, That, notwithstanding the provisions of Joint Rule 10,

committees,— j0jnt standing committees and the committees on Rules of the two extension. branches, acting concurrently, be granted until Thursday. Febru- ary 29, 1996, within which to make reports on all matters referred to them. Subsequently, the same Senator, for the said committees, reported, recommending that the order ought to be adopted. There being no objection, the order was considered forthwith and adopted. Sent to the House for concurrence.

Ms. Jacques offered an order, and, there being no objection, the same was considered forthwith and adopted, as follows: Ordered, That the provisions of any order previously adopted Committee o granting extensions to the committee on Steering and Policy shall be Sleering and suspended for the period commencing forthwith through Thursday, reporting February 29, 1996; that the provisions of Senate Rule 12B requiring extension the committee on Steering and Policy to report not later than thirty days following the day on which a matter was referred to it shall be suspended for the period commencing forthwith through Thursday, February 29, 1996; and that the provisions of Senate Rule 12B requiring the committee on Steering and Policy to report not later than thirty days following the day any matter was referred to it shall not apply to any matter referred henceforth until Thursday, Febru- ary 29, 1996.

PAPER FROM THE HOUSE. Engrossed Bill — Land Taking for Conservation, Etc.

An engrossed Bill relative to the exchange of certain land by the Wentworth trustees of the Higher Education Coordinating Council and Institute,— Wentworth Institute of Technology (see Senate, No. 1977, amended) land exchange. (which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at twenty-eight minutes past two o'clock P.M., as follows, to wit (yeas 37 — nays 0):

YEAS.

Amorello, Matthew J. Knapik. Michael R. Antonioni, Robert A. Leahy, Daniel P Bernstein, Robert A. Lees. Brian P. Berry, Frederick E. Magnani, David P. Clancy, Edward J., Jr. Melconian, Linda J. Creedon, Michael C. Montigny, Mark C. Durand, Robert A. Morrissey, Michael W. Havern, Robert A. Murray, Therese Hedlund, Robert L. Norton, Thomas C. Hicks, Lucile P. O'Brien, John D Jacques. Cheryl A. Pacheco, Marc R Jajuga, James P Pines, Lois G. Keating, William R. Rauschenbach, Henri S. Wentworth Rosenberg. Stanley C. Travaglini, Robert E. Institute,— Shannon. Charles E. Walsh, Marian land Wetmore, Robert D exchange. Swift. Jane M Tarr, Bruce E White, W. Paul Tisei, Richard R. Wilkerson, Dianne — 37. Tolman, Warren E.

NAYS —0.

The yeas and nays having been completed at twenty-six minutes before three o'clock P.M., the bill was passed to be enacted, two-thirds of the members present having agreed to pass the same, and it was signed by the President and laid before the Governor for his approbation.

Recess.

Recess. There being no objection, at twenty-one minutes before three o'clock P.M., the President declared a recess subject to the call of the Chair; and, at four minutes past three o'clock P.M., the Senate reassembled, the President in the Chair.

PAPER FROM THE HOUSE. Emergency Preamble Adopted.

Environmental An engrossed Bill providing for an environmental enhancement protection. ancj protection program for the Commonwealth (see House, No. 5763), 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 3 to 0. The bill was signed by the President and sent to the House for enactment.

Recess.

Recess. There being no objection, at five minutes past three o'clock P.M., the President declared a recess subject to the call of the Chair; and, at eleven minutes before four o'clock P.M., the Senate reassembled, the President in the Chair.

PAPER FROM THE HOUSE. Engrossed Bill — Land Taking for Conservation, Etc.— State Loan.

Environmental An engrossed Bill providing for an environmental enhancement protection, ancj protection program for the Commonwealth (see House, No. 5763) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage. was put upon its final passage; and, this being a bill providing for the taking ot land and other easements used for conservation purposes, etc., as defined by Article XCVI1 of the Amendments to the Constitution; and, this being a bill that provided for the borrowing of money, in accordance with the provisions of Section 3 of Article LX11 of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at ten minutes before four o'clock P.M., as follows, to wit (yeas 35 — nays 0):

YEAS.

Amorello. Malthew J. Morrissey, Michael W. Antonioni. Robert A. Murray, Therese Bernstein. Robert A. Norton, Thomas C. Berry. Frederick E O'Brien, John D. Clancy. Edward J., Jr. Pacheco, Marc R. Durand. Robert A. Pines, Lois G. Havern. Robert A Rauschenbach. Henri S. Hedlund, Robert L Rosenberg, Stanley C. Hicks, Lucile P. Shannon, Charles E. Jacques, Cheryl A. Swift, Jane M. Jajuga, James P. Tarr, Bruce E. Keating. William R. Tisei, Richard R. Knapik. Michael R Tolman. Warren E. Leahy, Daniel P. Walsh, Marian Lees, Brian P. Wetmore, Robert D. Magnani. David P. White, W. Paul Melconian. Linda J. Wilkerson, Dianne — 35 Montigny, Mark C.

NAYS — 0.

ABSENT OR NOT VOTING.

Creedon, Michael C. Travaglini. Robert E. — 2.

The yeas and nays having been completed at two minutes before four o'clock P.M., the bill was passed to be enacted, two-thirds of the members present having agreed to pass the same, and it was signed by the President and laid before the Governor for his approbation.

Order Adopted. On motion of Mr. Norton,— Ordered, That when the Senate adjourns today, it adjourn to meet Time of again tomorrow at eleven o'clock A.M., and that the Clerk be meetine- directed to dispense with the printing of a calendar.

On motion of Ms. Melconian, at one minute before four o'clock P.M., the Senate adjourned to meet on the following day at eleven o'clock A.M.