Tuesday, September 2, 1997. Met at Five Minutes Past Eleven O'clock A.M

Tuesday, September 2, 1997. Met at five minutes past eleven o'clock A.M.

Petitions. Petitions were presented and referred, as follows: Lake By Mr. Bernstein, a petition (subject to Joint Rule 12) of Robert A. Quinsigamond Bernstein and Matthew J. Amorello for legislation to designate the State Park- designate. Lake Quinsigamond State Park as the Representative Andrew Collaro- Quinsigamond State Park; Tanks,— By Mr. Creedon, a petition (subject to Joint Rule 12) of Robert S. underground Creedon, Jr., and Geraldine Creedon for legislation relative to storage. underground storage tanks; and Parole By Mr. Moore, a petition (subject to Joint Rule 12) of Richard T. Board,— Moore, Matthew J. Amorello, Marie J. Parente, Marian Walsh and victim access. John H. Rogers for legislation to improve victim access to Parole Board hearings; Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Resolutions. Doctor Resolutions (filed by Messrs. Creedon, Hedlund, Ms. Jacques, Robert R. Messrs. Keating, Morrissey, Pacheco, Ms. Walsh and Mr. White) Rose. "congratulating Doctor Robert R. Rose upon his appointment as the fourth president of Massasoit Community College", were referred, under the rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Mr. Panagiotakos, and adopted.

Chaim Resolutions (filed by Messrs. Norton, Durand, White and Lynch) Maoz of "in appreciation of Chaim Maoz of Israel", were referred, under the Israel. rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Mr. Panagiotakos, and adopted.

PAPERS FROM THE HOUSE. Alcoholic A Bill further regulating the granting of licenses for the sale of beverages,- sale. alcoholic beverages (House, No. 2855,— on petition),— was read and, under Senate Rule 26, referred to the committee on Steering and Policy. Engrossed Bill. An engrossed Bill designating certain property in the town of Bill laid before Hingham as the Francis J. and Elizabeth H. Thompson Reservation Acting (see"House, No. 1130) (which originated in the House), having been Governor. certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be enacted and was signed by the President and laid before the Acting Governor for his approbation.

Matter Taken Out of the Orders of the Day. There being no objection, the following matter was taken out of the Orders of the Day and considered, as follows: The House Bill providing for the appointment of the town clerk Lancaster,- in the town of Lancaster (House, No. 4578),— was read a second town clerk. time and ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

PAPER FROM THE HOUSE. A petition (accompanied by bill, House, No. 4906) of Christine E. Health insurance,- Canavan and other members of the General Court for legislation to revenue promote efficient revenue use by certain health insurance providers,— use. was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Insurance.

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

On motion of Mr. Tisei, at nine minutes past eleven o'clock A.M., the Senate adjourned to meet on the following Thursday at eleven o'clock A.M. Thursday, September 4, 1997. Met at three minutes past eleven o'clock A.M.

Petitions. Petitions were presented and referred, as follows: Road surface By Mr. Amorello (by request), a petition (subject to Joint grinding,— Rule 12) of Mark Durfee and George L. Durfee for legislation to prohibit. prohibit the grinding down of Massachusetts road surfaces; Wines,— By Mr. Antonioni, a petition (subject to Joint Rule 12) of regulate production. Robert A. Antonioni and Patricia A. Walrath for legislation to regulate the production of fortified wines; and D.C.P.O.,— By Mr. Creedon, a petition (subject to Joint Rule 12) of Robert S. rental Creedon, Jr., Marc R. Pacheco and Geraldine Creedon for legislation agreements. relative to rental agreements of the Division of Capital Planning and Operations; Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

PAPERS FROM THE HOUSE. Petitions were referred, in concurrence, as follows: Springfield- Petition (accompanied by bill, House, No. 4908) of Michael J. sister cities Albano (mayor) and Anthony M. Scibelli (with the approval of the commission. mayor and city council) relative to the establishment of the sister cities commission in the city of Springfield; and Springfield,— Petition (accompanied by bill. House, No. 4909) of Michael J. libraries and Albano (mayor) and Anthony M. Scibelli (with the approval of the museums. mayor and city council) for legislation to authorize the city of Springfield to borrow a certain sum of money for capital improve- ments to the buildings owned and operated by the Library and Museums Association of said city; Severally to the committee on Local Affairs.

Drug-induced A message from His Honor the Lieutenant-Governor, Acting rape. Governor, recommending legislation relative to combating drug- induced rape and kidnapping (House, No. 4907),— was referred, in concurrence, to the committee on Criminal Justice.

Wareham A Bill authorizing the Wareham Fire District to establish a better- Fire ment reserve fund (House, No. 4643, changed,— on petition),— District. was read and, under Senate Rule 26, referred to the committee on Steering and Policy.

Matter Taken Out of the Orders of the Day. There being no objection, the following matter was taken out of the Orders of the Day and considered, as follows: The House Bill relative to elections in the town of North Andover North Andover,— (House, No. 4496),— was read a second time, ordered to a third elections. reading, read a third time and passed to be engrossed, in concurrence.

Resolutions. Resolutions (filed by Mr. Pacheco) "congratulating Dorothy and Dorothy and Raymond Raymond Emond on the occasion of their fiftieth wedding anniver- Emond. sary", were referred, under the rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Mr. Clancy, and adopted.

Resolutions (filed by Mr. Pacheco) "congratulating Mary and Mary and Philip Ledo on the occasion of their fiftieth wedding anniversary", Philip Ledo. were referred, under the rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Mr. Clancy, and adopted.

Resolutions (filed by Mr. White) "commending the Honorable Thomas W. Thomas W. McGee on his distinguished leadership and pioneering McGee. efforts in support of drug and alcohol treatment", were referred, under the rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Mr. Clancy, and adopted.

PAPER FROM THE HOUSE. A petition (accompanied by bill, House, No. 4910) of Blasting,— Christopher G. Fallon for legislation to further regulate blasting regulate. operations,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Public Safety.

Distinguished Guest. There being no objection, the President recognized the Honorable Richard J. Kos,— Richard J. Kos, Mayor of the city of Chicopee. Mayor Kos was the Mayor of guest of Senator Melconian. Chicopee.

PAPERS FROM THE HOUSE. Engrossed Bills. The following engrossed bills (all of which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, were severally passed to be enacted and were signed by the President and laid before the Acting Governor for his approbation, to wit: Bills laid Relative to the Mattapoisett River Valley Water Supply before Acting Protection Advisory Committee (see House, No. 2543, changed and Governor. amended); Establishing a promotions fund in the town of Sandwich (see House, No. 3869); Designating a certain bridge in the town of Newbury as the Henry A. Walker Memorial Bridge (see House, No. 4685); and Authorizing transfer of the Meekins Library to the town of Williamsburg (see House, No. 4712).

Order Adopted. On motion of Mr. Norton,— 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.

Adjournment in Memory of Former Senator Denis L. McKenna of Somerville. Mr. Shannon presented an order that when the Senate adjourns today, it adjourn in memory of Denis L. McKenna of Somerville, State Senator from the Second Middlesex District from 1961 to 1984, inclusive, and a former member of the Somerville Board of Aldermen. The order was adopted. Accordingly, as a mark of respect to the memory of former Senator Denis L. McKenna, on motion of Mr. Rauschenbach, 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, September 8, 1997. Met at one minute past eleven o'clock A.M.

Petition. Mr. Nuciforo presented a petition (subject to Joint Rule 12) of Sales tax Andrea F. Nuciforo, Jr., for legislation relative to sales tax exemp- exemptions. tions,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently .

Report of a Committee. Mr. Berry, for the committee on Steering and Policy, reported that the following matter be placed in the Orders of the Day for the next session: The House Bill relative to children in foster care (House, No. 2868). Foster care.

PAPERS FROM THE HOUSE. A Bill relative to insurance premium finance licensees subject to Insurance premium the jurisdiction of the Division of Banks and the Division of Insur- finance ance (House, No. 4585,— on House, No. 3236),— was read and, licensees. under Senate Rule 26, referred to the committee on Steering and Policy.

The semi-annual report of the Insurance Fraud Bureau (under Insurance Fraud Section 99(k) of Chapter 398 of the Acts of 1991) on the disposition Bureau. of matters referred to said bureau (having been sent by the House to the Senate for its information),— was returned to the House to be placed on file.

A petition (accompanied by bill, House, No. 4911) of Thomas C. Somerset,— New England Norton and Joan M. Menard (by vote of the town) that the town of Power Somerset be authorized to enter into a certain agreement with the Company. New England Power Company concerning property owned by said company located in said town,— was referred, in concurrence, to the committee on Local Affairs.

Resolutions. Resolutions (filed by Mr. Birmingham) "honoring Priscilla A. Priscilla C. Kidder on the occasion of 'A Tea with Priscilla of Boston"', were Kidder. referred, under the rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Mr. Moore, and adopted. National Resolutions (filed by Ms. Murray) "on the occasion of National Alcohol and Drug Alcohol and Drug Treatment Works Month", were referred, under Treatment the rule, to the committee on Rules. Works Month. 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. Moore, and adopted.

United States Resolutions (filed by Mr. Rosenberg) "commemorating the two Constitution signing,— hundred and tenth anniversary of the signing of the Constitution of 210th the United States of America", were referred, under the rule, to the anniversary. 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. Moore, and adopted.

Congressman Resolutions (filed by Mr. Tolman, Ms. Fargo, Ms. Jacques, Barney Mr. Keating, Ms. Murray, Mr. Pacheco, Ms. Pines and Ms. Wilkerson) Frank. "honoring Congressman Barney Frank for 25 years of distinguished public service", were referred, under the rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Mr. Moore, and adopted.

Bill Recalled from the Acting Governor Laid Before the Senate.

Sandwich,— On motion of Mr. Tisei, it was voted that a messenger be appointed promotions to wait upon His Honor the Lieutenant-Governor, Acting Governor, fund. requesting the return to the Senate of the engrossed Bill establishing a promotions fund in the town of Sandwich (see House, No. 3869). Mr. Tisei was appointed the messenger. Subsequently, the bill was returned and was laid before the Senate. There being no objection, on motion of Mr. Tisei, the Senate reconsidered the vote by which, at a previous session, it had passed the bill to be enacted. On motion of the same Senator, Senate Rule 49 was suspended and the bill was amended, on further motion of the same Senator, by striking out in section 2, in the first sentence, the words "prior two fiscal years" and inserting in place thereof the following words:— fiscal year two years prior. Sent to the House for concurrence in the amendment.

Report of Committees. Inmates,— By Mr. Norton, for the committees on Rules of the two branches, prohibit acting concurrently, that Joint Rule 12 be suspended on the Senate action. petition of James P. Jajuga, Brian S. Dempsey, Thomas M. Petrolati, Richard T. Moore, Stephen M. Brewer and other members of the General Court for legislation to prohibit inmates from serving on political action committees. Senate Rule 36 was suspended, on motion of Ms. Melconian, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Election Laws. Sent to the House for concurrence.

PAPER FROM THE HOUSE. A petition (accompanied by bill. House, No. 4917) of Daniel E. Cleaning contractors,- Bosley relative to the wages of employees of maintenance or cleaning wages. contractors,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Commerce and Labor.

Reports of a Committee. Mr. Berry, for the committee on Steering and Policy, reported that the following matter be placed in the Orders of the Day for the next session: The House Bill further regulating the granting of licenses for the Alcoholic sale of alcoholic beverages (House, No. 2855). beverages- licenses. There being no objection, the rules were suspended, on motion of Ms. Fargo, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence, its title having been changed by the committee on Bills in the Third Reading to read as follows: "An Act further regulating the granting of certain licenses for the sale of alcoholic beverages."

Mr. Berry, for the committee on Steering and Policy, reported that the following matter be placed in the Orders of the Day for the next session: The House Bill authorizing the Wareham Fire District to establish Wareham a betterment reserve fund (House, No. 4643, changed). Fire District. There being no objection, the rules were suspended, on motion of Mr. Bernstein, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

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

On motion of Mr. Amorello, at eight minutes past eleven o'clock A.M., the Senate adjourned to meet on the following Thursday at eleven o'clock A.M. Thursday, September 11, 1997. Met at seven minutes past eleven o'clock A.M.

Special Commission — Appointments. MBTA police The President announced the appointment of Senators Moore of force consolidation. Worcester and Norfolk, Jajuga of Essex and Hedlund of Plymouth and Norfolk to the special commission established (under the provisions of Section 302 of Chapter 43 of the Acts of 1997) relative to the consolidation of the Massachusetts Bay Transportation police force with another public law enforcement agency.

Reports of Committees. Lunenburg,— By Mr. Antonioni, for the committee on Education, Arts and school grant. Humanities, on petition, a Bill relative to a certain school building assistance grant for the town of Lunenburg (Senate, No. 1928); Read and, under Senate Rule 27, referred to the committee on Ways and Means.

Arlington,— By Ms. Fargo, for the committee on Local Affairs, on petition, a stabilization fund. Bill authorizing the town of Arlington to establish a tip fee stabilization fund to pay charges associated with the town's obligation under the existing solid waste agreement in its association with the Northeast Solid Waste Committee and the Massachusetts Refusetech, Inc. (Senate, No. 1929) [Local approval received]; and Arlington,— By the same Senator, for the same committee, on petition, a Bill wireless communication authorizing the town manager in the town of Arlington to lease cer- structures. tain park, playground, other open space, or other town lands to wireless communications companies for the erection of wireless antennas or other related appurtenant structures (Senate, No. 1930) [Local approval received]; Severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Committee Discharged. Child Mr. Norton, for the committee on Rules, on the Senate Order support,— penalties for relative to authorizing the joint committee on Criminal Justice to sit concealment. during the recess of the General Court to make an investigation and study of certain current Senate documents (Senate, No. 1823),— reported, in part, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 144) of Edward J. Clancy, Jr., for legislation to provide criminal penalties for knowingly concealing assets of an obligor under a child support order,— and recommending that the same be recommitted to the committee on Criminal Justice; and The same Senator, for the same committee, on the Senate Order Controlled relative to authorizing the joint committee on Criminal Justice to sit p"^^^68' during the recess of the General Court for the purpose of making an investigation and study of certain current Senate documents (Senate, No. 1864),— reported, in part, asking to be discharged from further consideration of the petition (accompanied by bill. Senate, No. 1783) of Matthew J. Amorello, Robert A. Antonioni, Richard T. Moore and John J. Binienda for legislation relative to the penalty for possession of Class D controlled substances,— and recommending that the same be recommitted to the committee on Criminal Justice. Under Senate Rule 36, the reports were severally considered forthwith and accepted.

Petitions. Petitions were presented and referred, as follows: By Mr. Antonioni, a petition (subject to Joint Rule 12) of License David G. Nault, Jamie LeBlanc, Deborah A. Nault, Dean J. plates for hearing Mazzarella, Anna Marie Hamblin, Robert A. Antonioni, Mary Jane impaired. Simmons and others for legislation to provide for certain distinctive motor vehicle license plates for the hearing impaired; By Mr. Morrissey, a petition (subject to Joint Rule 12) of Quincy,— civil service Michael W. Morrissey, Ronald Mariano, Michael G. Bellotti and placement. A. Stephen Tobin (with the approval of the mayor and city council) for legislation relative to civil service placement for Richard J. Flynn, Jr., as a police officer in the city of Quincy [Local approval received]; By Mr. Panagiotakos, a petition (subject to Joint Rule 12) of Lowell Steven C. Panagiotakos, Colleen M. Garry, Edward A. LaLacheur, teacher,— spouse Thomas A. Golden, Jr., John D. O'Brien, Kevin J. Murphy and benefit. Brian Knuuttila for legislation relative to the payment of a certain death benefit to the surviving spouse of a Lowell school teacher; By the same Senator, a petition (subject to Joint Rule 12) of School Steven C. Panagiotakos, Kevin J. Murphy, Colleen M. Garry, employees killed in Thomas A. Golden, Jr., Edward A. LeLacheur, John D. O'Brien and line of duty. other members of the General Court for legislation relative to school employees killed in the line of duty; Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

PAPERS FROM THE HOUSE. A Bill authorizing the town of Medway to make changes in its Medway,— form of government (House, No. 4576,— on petition) [Local approval received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

A message from His Honor the Lieutenant-Governor, Acting Truancy,— Governor, recommending legislation relative to improving truancy enforcement- enforcement (House, No. 4918),— was referred, in concurrence, to the committee on Education, Arts and Humanities. Emergency Preambles Adopted. Gina B. An engrossed Bill establishing a sick leave bank for Gina B. O'Neill- sick leave O'Neill, an employee of the Trial Court of the Commonwealth (see bank. Senate, No. 1721, amended), having been certified by the Senate Clerk to be rightly and truly prepared for final passage and containing an emergency preamble,— was laid before the Senate; and, a separate vote being taken in accordance with the requirements of Article LXVII of the Amendments to the Constitution, the preamble was adopted, in concurrence, by a vote of 5 to 0. The bill was signed by the President and sent to the House for enactment.

David An engrossed Bill establishing a sick leave bank for David I. Fleming,— sick leave Fleming, an employee of the Trial Court (see House, No. 4404, bank. amended), having been certified by the Senate Clerk to be rightly and truly prepared for final passage and containing an emergency preamble,— was laid before the Senate; and, a separate vote being taken in accordance with the requirements of Article LXVII of the Amendments to the Constitution, the preamble was adopted, in concurrence, by a vote of 4 to 0. The bill was signed by the President and sent to the House for enactment.

Petitions were referred, in concurrence, as follows: Personnel Petition (accompanied by bill, House, No. 4928) of Kevin L. records. Finnegan relative to requests for personnel records by employees; Under suspension of Joint Rule 12, to the committee on Commerce and Labor. Lawrence,— Petition (accompanied by bill, House, No. 4919) of Mary Claire school committee Kennedy (mayor), M. Paul Iannuccillo, Donna F. Cuomo and others vacancy. (with the approval of the city council) that the city of Lawrence be authorized to provide for the election of a school committee member on the 1997 municipal election ballot in order to fill a vacancy on said committee; To the committee on Election Laws. Holyoke,— Petition (accompanied by bill, House, No. 4920) of Evelyn G. utility commission. Chesky, Michael R. Knapik and Walter A. DeFilippi (with the approval of the mayor and city council) relative to the municipal gas and electric commission of the city of Holyoke; To the committee on Local Affairs. Holyoke,— Petition (accompanied by bill, House, No. 4929) of Evelyn G. Medal of Honor Way. Chesky, Michael R. Knapik and Walter A. DeFilippi for legislation to designate the rotary surrounding Mitchell Field in the city of Holyoke as Medal of Honor Way; Under suspension of Joint Rule 12, to the committee on Transportation.

Animals,— The Senate Bill relative to the safe transportation of animals safe transportation. (Senate, No. 1112),— came from the House passed to be engrossed, in concurrence, with an amendment, by striking out, in line 6, the words "public way" and inserting in place thereof the words "state highway". The rules were suspended, on motion of Mr. Bernstein, and the House amendment was considered forthwith. The Senate NON-concurred in the House amendment. The bill was returned to the House endorsed accordingly.

Matter Taken Out of the Orders of the Day. There being no objection, the following matter was taken out of the Orders of the Day and considered, as follows: The House Bill directing the Massachusetts Port Authority to pay Port certain revenues to certain cities and towns (House, No. 2204), Authority- was read a second time and ordered to a third reading. payments.

Reports of Committees. By Mr. Norton, for the committees on Rules of the two branches, Lake acting concurrently, that Joint Rule 12 be suspended on the Senate Quinsigamond petition of Robert A. Bernstein and Matthew J. Amorello for legisla- designate*5'" tion to designate the Lake Quinsigamond State Park as the Representative Andrew Collaro-Quinsigamond State Park. 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) was referred to the committee on State Administration.

By Mr. Norton, for the committees on Rules of the two branches, Diabetic acting concurrently, that Joint Rule 12 be suspended on the Senate ^ting- petition of Marian Walsh for legislation to exempt from the sales tax exemption the sale of blood diagnostic products such as blood glucose testing strips, meters and ketone strips for diabetics. 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) was referred to the committee on Taxation.

By Mr. Norton, for the committees on Rules of the two branches, Northbridge — acting concurrently, that Joint Rule 12 be suspended on the Senate designate petition of Richard T. Moore, Matthew J. Amorello and George N. brldge' Peterson, Jr., for legislation to designate a certain bridge in the town of Northbridge as the Rosaire J. "Ross" Rajotte bridge. 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. 1943) was referred to the committee on Transportation.

By Mr. Norton, for the committees on Rules of the two branches, Northbridge- acting concurrently, that Joint Rule 12 be suspended on the Senate b"dge petition of Richard T. Moore and George N. Peterson, Jr., for le°is- desienation' lation to designate a certain bridge in the town of Northbridge as the Charles Ampagoomian, Sr. Bridge. 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. 1944) was referred to the committee on Transportation. Severally sent to the House for concurrence.

Matters Taken Out of the Orders of the Day. There being no objection, the following matters were taken out of the Orders of the Day and considered, as follows: Melrose,— The Senate Bill authorizing the city of Melrose to place a certain question. binding question on the ballots to be used in the city of Melrose at the municipal elections (Senate, No. 1913),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, its title having been changed by the committee on Bills in the Third Reading to read as follows: "An Act authorizing the city of Melrose to place a certain binding question on the ballot to be used in the city of Melrose at the municipal election." Sent to the House for concurrence.

Hyde Park,— The Senate Bill designating a certain bridge in the Hyde Park bndge section of the city of Boston as the Irish-American Veterans Memorial Bridge (Senate, No. 1661) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time and passed to be engrossed. Sent to the House for concurrence.

Engrossed Bills. The following engrossed bills (all of which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, were severally passed to be enacted and were signed by the President and laid before the Acting Governor for his approbation, to wit: Bills laid Relative to the maturities of certain bonds and notes to be issued Acting by the town of Rutland (see House, No. 4360); Governor. Relative to elections in the town of North Andover (see House, No. 4496); and Providing for the appointment of the town clerk in the town of Lancaster (see House, No. 4578).

Resolutions. Brierly Resolutions (filed by Mr. Amorello) "commemorating the one CompanyTnc hundred and fiftieth anniversary of Brierly Lombard and Company, Inc.", were referred, under the rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Mr. Travaglini, and adopted.

Resolutions (filed by Ms. Fargo and Mr. Tolman) "congratulating Dorothy "Dot" Dorothy 'Dot' Slamin Hill on the occasion of being honored by the Slamin Hill. Waltham Kiwanis Club and the Joseph F. Hill American Legion Post 156 for 50 years of music", were referred, under the rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Mr. Travaglini, and adopted.

Resolutions (filed by Messrs. Jajuga, Amorello, Antonioni, POW-MIA Bernstein, Berry. Brewer, Clancy and Durand, Ms. Fargo, Messrs. Recognition Havern and Hedlund, Ms. Jacques, Messrs. Keating, Knapik and Day. Lynch. Ms. Melconian, Messrs. Montigny and Morrissey, Ms. Murray, Messrs. Nuciforo, O'Brien, Pacheco, Panagiotakos, Tarr, Tisei, Tolman, Travaglini and White) "on the occasion of POW-MIA Recognition Day", were referred, under the rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Mr. Travaglini, and adopted.

Resolutions (filed by Mr. Lees) "commemorating the observance National of National Rehabilitation Week", were referred, under the rule, to Rehabilitation the committee on Rules. Week. 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. Travaglini, and adopted.

Resolutions (filed by Mr. Magnani) "congratulating Baypath Baypath Home and Community Services, Inc., on the occasion of its twen- Home and Community tieth anniversary", were referred, under the rule, to the committee on Services, Inc. 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. Travaglini, and adopted.

Resolutions (filed by Mr. Morrissey) "congratulating Chief Quincy Francis X. Mullen upon the occasion of his retirement from the Police Chief Francis X. police department of the city of Quincy", were referred, under the Mullen. rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Mr. Travaglini, and adopted. Taunton Resolutions (filed by Mr. Pacheco) "honoring the Taunton Eagles Eagles Soccer Club on the occasion of its twentieth anniversary", were Soccer Club. referred, under the rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Mr. Travaglini, and adopted.

Jocko V. Resolutions (filed by Mr. Tolman) "honoring Jocko V. Ananian", Ananian. were referred, under the rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Mr. Travaglini, and adopted.

Order Adopted. On motion of Ms. Melconian,— 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 Mr. Knapik, 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, September 15, 1997. Met at two minutes past eleven o'clock A.M.

Reports. The following reports were severally read and placed on file, to wit: A report of the Division of Employment and Training (under Medical the provisions of Section 14G of Chapter 151A of the General Laws) Security relative to the status of the Medical Security Program for the quarter Program,— (quarterly ending June 30. 1997 (received Tuesday, August 19, 1997); report). A report of the Division of Employment and Training (under the Unemployment provisions of Chapter 233 of the Acts of 1983) submitting a quar- Insurance terly report on the condition of the Commonwealth's Unemployment Trust Fund,— (quarterly Insurance Trust Fund (received Wednesday, August 20, 1997); report). A report of the Department of Public Health (under the provisions Department of Sections 5 and 20 of Chapter 111 of the General Laws) relative of Public to inspections of Hampshire County Jail and House of Correction Health- (received Thursday, August 28, 1997); inspections. A report of the Boston University/Chelsea partnership (under the BU/Chelsea provisions of section 13 of Chapter 133 of the Acts 1989) submitting partnership,— the sixth annual report (received Monday, September 1, 1997); and ° report. A report of the Massachusetts Capital Resource Company (under MCRC,— the provisions of Section 12 of Chapter 816 of the Acts of 1977) report. relative to its current status (received Tuesday, September 2, 1997).

The following reports were severally read and sent to the House for its information: A report of the Bureau of Special Investigations (under the provi- Bureau of sions of Section 15D(6) of Chapter 22 of the General Laws) submitting Special its report of activities for the month of July, 1997 (received Monday" Investigations. August 18, 1997); and A report of the Department of Public Health (under the provisions Department of Sections 5 and 20 of Chapter 111 of the General Laws) relative to of Public inspection of the Barnstable County Jail and House of Correction Health- (received Thursday, September 4, 1997). inspection.

Communications. The following communications were severally placed on file to wit: Communication from the Department of Education (under the Department provisions of Section IB of Chapter 69 of the General Laws) sub- of Education, mitting proposed standards relative to under-performing schools and regulations. school districts (received Thursday, August 21, 1997); Communication from the Department of Education (under the provisions of Section IB of Chapter 69 of the General Laws) sub- Id. mitting proposed amendments to the charter school regulations (received Friday, August 22, 1997); Administration Communication from Kate Sutherland, Executive Office for and Finance,— Administration and Finance (under the provisions of Section 3B of regulation changes. Chapter 7 of the General Laws) submitting proposed fee changes for licenses, permits and services to be charged by state agencies (received Monday, August 25, 1997); Department Communication from William D. Sivert, Director of Admin- of Industrial istration, Department of Industrial Accidents, submitting the depart- Accidents. ment's annual report for fiscal year 1996 including the advancement of the Commonwealth's workers' compensation system and progress of the department (received Thursday, August 28, 1997); and Hampshire Communication from Robert J. Garvey, Sheriff of Hampshire County County, submitting a plan of corrections letter relative to the inspec- Sheriffs Office. tion of the Hampshire County Jail and House of Correction (received Friday, September 5, 1997).

Report of a Committee. Mr. Berry, for the committee on Steering and Policy, reported that the following matter be placed in the Orders of the Day for the next session: Probate The House Bill relative to notices to the Department of Mental proceedings,— Health in certain probate proceedings (House, No. 2529). Mental Health Department. Resolutions.

Jury Resolutions (filed by Mr. Hedlund) "upon the occasion of Jury Rights Rights Day", were referred, under the rule, to the committee on Rules. Day. 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. Panagiotakos, and adopted.

His Resolutions (filed by Mr. Lees) "on the first pontifical visit to the Holiness United States of His Holiness Aram I, Catholicos of the Holy See of Aram I. Cilicia of the Armenian Apostolic Church", were referred, under the rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Mr. Panagiotakos, and adopted.

Saint Resolutions (filed by Ms. Melconian and Mr. Lees) "congratu- Michael's Cathedral, lating Saint Michael's Parish of Springfield upon the occasion of its Springfield. one hundred and fiftieth anniversary and the rededication of Saint Michael's Cathedral", were referred, under the rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considred forthwith, under a suspension of the rules, moved by Mr. Panagiotakos, and adopted. Resolutions (fild by Mr. Pacheco) "congratulating Allyson Allyson Battista of Bridgewater upon her receipt of the Girl Scout Gold Battista. Award", were referred, under the rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Mr. Panagiotakos, and adopted.

PAPERS FROM THE HOUSE.

A Bill authorizing the city of Gloucester to contribute financial Gloucester,— assistance for certain septic system costs (House, No. 4476, septic system changed,— on petition) [Local approval received],— was read and, costs. 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. 4925) of Frank M. Marshfieid,- Hynes and Robert L. Hedlund (by vote of the town) relative to the Planning planning board of the town of Marshfield; and board' Petition (accompanied by bill, House, No. 4926) of John F. Greenfield,- Merrigan (with the approval of the town council) relative to the pre- town ., siding officer of the town council of the town of Greenfield; Severally to the committee on Local Affairs.

The report of the Massachusetts Turnpike Authority (under Turnpike Section 12(i) of Chapter 81A of the General Laws as most recently Authority,— amended by Section 6 of Chapter 3 of the Acts of 1997) submitting Ted Williams Tunnel a copy of the "First Amendment to the Third Harbor Tunnel agreement. Transfer Agreement", effective July 1, 1997 (having been sent by the House to the Senate for its information), — was returned to the House to be placed on file.

The Senate Bill providing for the construction of impovements to Watertown,— the John A. Ryan Ice Skating Arena in the town of Watertown skating (Senate, No. 1705, amended), — came from the House passed to be arena. engrossed, in concurrence, with an amendment, by striking out all after the enacting clause and inserting in place thereof the text of House document numbered 4873. The rules were suspended, on motion of Mr. Tolman, and the House amendment was considered forthwith. The Senate NON- concurred in the House amendment. The bill was returned to the House endorsed accordingly.

Engrossed Bills. The following engrossed bills (the first two of which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, were severally passed to be enacted and were signed by the President and laid before the Acting Governor for his approbation, to wit: Bills laid Establishing a sick leave bank for Gina B. O'Neill, an employee before of the Trial Court of the Commonwealth (see Senate, No. 1721, Acting Governor. amended); Relative to the charter of the town of Rockland regarding town officials (see Senate, No. 1805, amended); and Establishing a sick leave bank for David I. Fleming, an employee of the Trial Court (see House, No. 4404, amended).

Emergency Preamble Adopted. Dorchester,- An engrossed Bill authorizing certain structures to be exempted harbor from certain harbor lines (see House, No. 4828, amended), having lines. been certified by the Senate Clerk to be rightly and truly prepared for final passage and containing an emergency preamble,— was laid before the Senate; and, a separate vote being taken in accordance with the requirements of Article LXVII of the Amendments to the Constitution, the preamble was adopted, in concurrence, by a vote of 4 to 0. The bill was signed by the President and sent to the House for enactment.

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:

Yarmouth,- The House Bill providing for a charter for the town of Yarmouth town (House, No. 4519, changed and amended),— was read a second charter. time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

PAPERS FROM THE HOUSE. Petitions were referred, in concurrence, as follows: Public Petition (accompanied by bill, House, No. 4930) of Charles A. records,— Murphy relative to exemptions under the public records law; exemptions. Under suspension of Joint Rule 12, to the committee on State Administration. Cambridge,- Petition (accompanied by bill, House, No. 4931) of Timothy J. train Toomey, Jr., for legislation to prohibit the sounding of whistles at whistles. certain railroad crossings in the city of Cambridge; Under suspension of Joint Rule 12, to the committee on Transportation.

Reports of Committees. By Mr. Norton, for the committees on Rules of the two branches, license and registration. acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Warren A. Wade for legislation relative to the licensing and registration of dogs. Senate Rule 36 was suspended, on motion of Ms. Fargo, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill. Senate, No. 1946) was referred to the committee on Counties. By Mr. Norton, for the committees on Rules of the two branches, Wines,— regulate acting concurrently, that Joint Rule 12 be suspended on the Senate production. petition of Robert A. Antonioni and Patricia A. Walrath for legislation to regulate the production of fortified wines. Senate Rule 36 was suspended, on motion of Ms. Fargo, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill, Senate, No. 1951) was referred to the committee on Government Regulations. Severally sent to the House for concurrence.

PAPER FROM THE HOUSE Order — Amended.

The House Order relative to authorizing the committee on the Pain Judiciary to make an investigation and study of the methods of treat- !^dygement'— ment and the management of pain of persons diagnosed with acute, terminal and chronic illnesses (House, No. 4670),— was considered. On motion of Mr. Bernstein, the rules were suspended and the order was considered forthwith. An amendment, presented by Mr. Keating, striking out the text and inserting in place thereof the following, was considered, and adopted, to wit: "Ordered, That the committee on the Judiciary be authorized to make an investigation and study of whether acute, terminal and chronic pain of ill citizens in Massachusetts is properly managed, controlled and treated; whether medical and education professionals and institutions appropriately address end-of-life issues; whether medical and nursing students are sufficiently educated in palliative care; whether the regulation of opiates and controlled substances and the need to diminish pain is responsibly balanced; whether depres- sion is adequately diagnosed and treated; whether citizens have the necessary access to pain management care; and, in general, to investigate the reasons and causes which make some citizens wish to terminate their lives, whether by physician assisted suicide, euthanasia, or other means, and thereafter, to make recommendations to the General Court in order to reduce, if not altogether eliminate, the need for any citizen to be lead to this unenviable wish so that all citizens of Massachusetts live with dignity while they die. Said committee shall be authorized to consult with the joint standing committee on Health Care, including but not limited to its special subcommittee on the management of acute and terminal pain, the joint standing committees on Insurance and Education, Arts and the Humanities, and also with the House and Senate standing committees on Science and Technology and Post Audit and Oversight. Said committee, in order to further assist its study and investigation, shall also be authorized to consult with various public or private entities as such committee deems to be necessary. Said committee may report to the General Court from time to time on the results of its investigation and study, together with drafts of legislation necessary to carry any of its recommendations into effect, but shall file its final report with the clerk of the House of Representatives on or before the last Wednesday in January, nineteen hundred ninety-eight." The House Order was then adopted, as amended. Sent to the House for concurrence in the amendment.

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

On motion of Mr. Knapik, at nine minutes past eleven o'clock A.M., the Senate adjourned to meet on the following Wednesday at one o'clock P.M. Wednesday, September 17, 1997. Met at twenty-four minutes past one o'clock P.M.

Petitions. Petitions were presented and referred, as follows: By Mr. Amorello, a petition (subject to Joint Rule 12) of Worcester police, fire Raymond V. Mariano, Mayor, Thomas R. Hoover, City Manager, departments,- Matthew J. Amorello and Robert A. Bernstein (with the approval of age of entry. the city council) for legislation to establish minimum and maximum ages for entry into the police and fire departments of the city of Worcester [Local approval received]; By Mr. Keating, a petition (subject to Joint Rule 12) of William R. Veterans,— property tax Keating and John H. Rogers for legislation relative to property tax exemptions. exemptions for veterans; and By Mr. Montigny, a petition (subject to Joint Rule 12) of Mark C. Health care,— Montigny, Harriette L. Chandler, John E. McDonough, Marc R. expand. Pacheco and other members of the General Court for legislation to expand access to quality health care for working families, children and senior citizens in the Commonwealth; Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees. By Ms. Walsh, for the committee on Criminal Justice, on the Child recommitted petition (accompanied by bill, Senate, No. 144), a Bill support. relative to child support (Senate, No. 1935); and By Mr. Amorello, for the same committee, on the recommitted Class D petition (accompanied by bill, Senate, No. 1783), a Bill relative to controlled substances. Class D controlled substances (Senate, No. 1936); Severally read and, under Senate Rule 26, referred to the committee on Steering and Policy.

Mr. Berry, 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 Bill allowing for the increase of retirement allowances Steering for certain Massport employees (Senate, No. 1344); and and Policy reports. The House Bill relative to town accountants (House, No. 4385).

PAPERS FROM THE HOUSE.

A message from His Honor the Lieutenant-Governor, Acting Children,— Governor, recommending legislation relative to expanding publicly health assisted health care coverage for children in the Commonwealth, care. (House, No. 4847),— was referred, in concurrence, to the committee on Health Care. Former A communication from the Executive Office of Administration and Middlesex County,— Finance (under Section 9 of Chapter 48 of the Acts of 1997) submit- costs and ting a plan to recover the costs being absorbed by the Commonwealth liabilities. in discharging certain costs and liabilities of the former Middlesex County including an amortization schedule of the disbursements and assessments related to said costs and liabilities (House, No. 4934),— was referred, in concurrence, to the committee on Counties.

Orders of the Day. The Orders of the Day were considered, as follows: The Senate bills Quincy,— emergency Relative to the city of Quincy's enhanced emergency telephone system. system (Senate, No. 1751); Check cashing Further regulating check cashing privacy (Senate, No. 43); and privacy. Regulating the use of anabolic steroids (Senate, No. 461); Anabolic steroids,— Were severally read a third time and passed to be engrossed. Severally sent to the House for concurrence.

Worcester,— The House Bill providing for the payment by the city of Worcester Peter of medical expenses of police officer Peter Kneeland (House, Kneeland. No. 4348),— was read a third time and passed to be engrossed, in concurrence.

Controlled The Senate Bill further regulating the use of certain controlled substances,— substances (Senate, No. 1820) (its title having been changed by the i ega use. committee on Bills in the Third Reading),— was read a third time. Pending the question on passing the bill to be engrossed, Messrs. Montigny and Keating moved to amend the bill by substituting a new draft entitled "An Act further regulating the crime of rape and kidnapping by the use of controlled substances" (Senate, No. 1937). The amendment was adopted. After debate, the question on passing the bill to be engrossed was determined by a call of the yeas and nays, at twenty-nine minutes before two o'clock P.M., on motion of Mr. Lees, as follows, to wit (yeas 37 — nays 0):

YEAS.

Amorello, Matthew J. Keating, William R. Antonioni. Robert A. Knapik, Michael R. Bernstein, Robert A. Lees, Brian P. Berry, Frederick E. Lynch, Stephen F Brewer, Stephen M. Magnani, David P. Clancy, Edward J., Jr. Melconian, Linda J. Creedon, Robert S., Jr. Montigny, Mark C. Durand, Robert A. Moore, Richard T. Fargo, Susan C. Morrissey, Michael W. Havern, Robert A. Murray, Therese Hedlund, Robert L. Norton, Thomas C. Jacques, Cheryl A. Nuciforo, Andrea F„ Jr. Jajuga, James P. O'Brien, John D. Pacheco, Marc R. Tarr, Bruce E. Panagiotakos, Steven C. Tisei. Richard R. Pines, Lois G. Tolman, Warren E. Rauschenbach. Henri S. Walsh, Marian Rosenberg. Stanley C. Wilkerson, Dianne — 37. Shannon, Charles E.

NAYS — 0.

ABSENT OR NOT VOTING.

Travaglini, Robert E. White, W. Paul — 2.

The yeas and nays having been completed at twenty-six minutes before two o'clock P.M., the bill (Senate, No. 1937) was passed to be engrossed. Sent to the House for concurrence.

The Senate Bill to further define the terms "responsible" and Public "lowest responsible and eligible" under the public bidding laws bidding,— (Senate, No. 1414),— was considered, the main question being on definitions. ordering it to a third reading. On motion of Mr. Morrissey, the bill was recommitted to the committee on State Administration.

The Senate Bill granting discretion to the Superior Court to allo- Superior cate certain settlement proceeds (Senate, No. 811),— was considered, Court,— the main question being on ordering the bill to a third reading. settlement proceeds. The motion, previously moved by Mr. Lees, to lay the matter on the table, was considered; and, after extended debate, the question thereon was determined by a call of the yeas and nays, at one minute before two o'clock P.M., on motion of Mr. Lees, as follows, to wit (yeas 12 — nays 25):

YEAS.

Amorello. Matthew J. Lees, Brian P. Berry. Frederick E. Moore, Richard T. Clancy, Edward J.. Jr. Rauschenbach, Henri S. Creedon, Robert S., Jr. Tarr. Bruce E. Hedlund, Robert L. Tisei, Richard R. Knapik, Michael R. Wilkerson, Dianne— 12.

NAYS.

Antonioni, Robert A. Magnani, David P. Bernstein, Robert A. Melconian, Linda J. Brewer, Stephen M. Montigny, Mark C. Durand, Robert A. Morrissey, Michael W. Fargo, Susan C. Murray, Therese Hävern, Robert A. Norton, Thomas C. Jacques, Cheryl A. Nuciforo, Andrea F., Jr. Jajuga, James P. O'Brien, John D. Keating, William R Pacheco, Marc R. Lynch, Stephen F. Panagiotakos, Steven C. Superior Pines, Lois G. Tolman, Warren E. Court,— Rosenberg, Stanley C. Walsh, Marian — 25. settlement proceeds. Shannon, Charles E.

ABSENT OR NOT VOTING.

Travaglini, Robert E. White, W. Paul — 2.

The yeas and nays having been completed at four minutes past two o'clock P.M., motion to lay the matter on the table was negatived. The question, previously moved by Mr. Lees, to postpone the consideration of the matter until Wednesday, September 24, was considered. There being no objection, the request for a call of the yeas and nays on the motion to postpone was withdrawn. The motion to postpone the bill until Wednesday, September 24, was negatived. The bill was then ordered to a third reading.

Second degree The Senate Bill relative to the punishment for second degree murder penalties" (Senate, No. 1834),— was considered, the question being on ordering it to a third reading. Messrs. Lees and Jajuga moved that the bill be amended by adding at the end thereof the following new section: "SECTION 4. Chapter 265 of the Massachusetts General Laws, as appearing in the 1994 Official Edition, is hereby amended by inserting after section 2 the following new section:— SECTION 2A. Indictment for murder in the First Degree. In all cases of murder in the first degree, in which the penalty of death may be authorized under section 2 of this chapter, and in which the commonwealth seeks to impose the penalty of death, the indictment or indictments shall specify the aggravating circumstances set forth in section sixty-nine of chapter two hundred and seventy-nine, is alleged to be present. Only so much of the indictment as alleges the offense of murder in the first degree, and not the aggravating circumstances, shall be presented to the jury during their deliberation as to the guilt or innocence of the defendant. The portion of the indictment which sets forth the aggravating circumstances shall be presented to the jury only during the presentencing proceedings in accord with section 68 of chapter two hundred and seventy-nine. Chapter 279 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out section 60 and inserting the following new section:— Section 60. Infliction of Death Penalty. The punishment of death shall be inflicted by intravenous injec- tion of a substance or substances in a lethal quantity sufficient to cause death and until such prisoner is dead. Chapter 21 ID of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by inserting the following new section after section 15:— Section 16. Counsel in cases in which death penalty is sought, (a) REQUIREMENT. The commonwealth shall provide legal services to: (1) indigents charged with offenses for which capital punishment is sought; and (2) indigents who have been sentenced to death and who seek appellate or collateral review. (b) ESTABLISHMENT OF APPOINTING AUTHORITY. The committee for public counsel services shall be the appointing authority and shall appoint staff attorneys, members of the private bar or both. (c) FUNCTIONS OF APPOINTING AUTHORITY. The appointing authority shall: (1) sohcit applications from all attorneys qualified to be appointed in the proceedings specified in subsection (a); (2) draft and at such times as it may deem necessary, but at least annually, publish rosters of all applicants determined to be qualified attorneys; (3) draft and at such times as it may deem necessary, but at least annually, publish procedures by which attorneys shall be appointed and standards governing the qualifications and performance of such appointed counsel. Such standards of qualification and performance shall include, but need not be limited to: (A) membership in the bar of the commonwealth or admission to practice pro hac vice; (B) knowledge and understanding of pertinent legal authorities regarding the issues in capital cases in general and any case to which an attorney may be appointed in particular; (C) skills in the management and conduct of negotiations and litigation in homicide cases; (D) skills in the investigation of homicide cases, the background of clients, and the psychiatric history and current condition of clients; (E) skills in trial advocacy, including the interrogation of defense witnesses, cross examination, and jury arguments; (F) skills in legal research and in the writing of legal petitions, briefs, and memoranda; and (G) skills in the analysis of legal issues bearing on capital cases; (4) Periodically review the rosters, monitor the performance of all attorneys appointed, and delete the name of any attorney who: (A) fails satisfactorily to complete regular training programs on the representation of clients in capital cases; (B) fails to meet performance standards in a case to which the attorney has been appointed; or (C) fails otherwise to demonstrate continuing competency to rep- resent clients in capital cases; (5) conduct or sponsor specialized training programs for attorneys representing clients in capital cases; (6) appoint two attorneys, lead counsel and co-counsel, to repre- sent a client in a capital case at the relevant stage of proceedings, promptly upon receiving notice of the need for the appointment from the relevant state court; and (7) report such appointment or the client's failure to accept counsel in writing to the court requesting the appointment. Second degree (d) DETERMINATION OF COMPETENCY AND WAIVER, U on penalties? . P receipt of notice from the appointing authority that an individual entitled to the appointment of counsel under this section has declined to accept such an appointment, the court requesting the appointment shall conduct, or cause to be conducted, a hearing, at which the individual and counsel proposed to be appointed under this section shall be present, to determine the individual's competency to decline that appointment, and whether the individual has knowingly and intelligently declined it. (e) ROSTERS. (1) In General. The appointing authority shall maintain two rosters of attorneys: one roster listing attorneys qualified to be appointed for the trial and sentencing stages of capital cases, the other listing attorneys qualified to be appointed for the appellate or collateral review stages. Each of the rosters shall be divided into two parts, one listing attorneys qualified to be appointed as lead counsel, and the other listing attorneys qualified to be appointed as co-counsel. (2) Lead Counsel at Trial or Sentencing Stage. An attorney qualified to be appointed lead counsel at the trial or sentencing stages shall: (A) be a trial practitioner with at least five years of expertise in the representation of criminal defendants in felony cases: . (B) have served as lead counsel or co-counsel at the trial or sentencing stages in a least two homicide cases tried to a jury; (C) be familiar with the law and practice in capital cases and with the trial and sentencing procedures in the commonwealth; (D) have completed such training or refresher courses in current developments in the representation of capital defendants at the trial or sentencing stages as the appointing authority shall require; and (E) demonstrate the proficiency and commitment necessary to providing legal services to capital clients. (3) Co-Counsel at Trial or Sentencing Stage. An attorney qualified to be appointed co-counsel at the trial or sentencing stages shall: (A) be a practitioner with at least three years of expertise in the representation of criminal defendants in felony cases; and (B) meet the standards in paragraph (2)(C), (D), and (E) for lead counsel at the trial or sentencing stages. (4) Lead Counsel at Appellate or Collateral Review Stage. An attorney qualified to be appointed lead counsel at the appellate or collateral review stages shall: (A) be an appellate practitioner with at least five years of experience in the representation of criminal clients in felony cases at the appellate or collateral review stages; (B) have served as lead counsel or co-counsel at the appellate or collateral review stages in at least three cases in which the client had been convicted of a felony offense; (C) be familiar with the law and practice in capital cases and with the appellate and collateral review procedures in the courts of the commonwealth and in federal court; (D) have completed such training or refresher courses in current developments in the representation of capital clients at the appellate and collateral review stages as the state appointing authority shall require; and (E) demonstrate the proficiency and commitment necessary to providing legal services in capital cases. (5) Co-Counsel at Appellate or Collateral Review Stage. An attorney qualified to be appointed co-counsel at the appellate, collateral or unitary review stages shall: (A) be an appellate practitioner with at least three years of experience in the representation of criminal clients in felony cases at the appellate or collateral review stages: and (B) meet the standards in paragraph (4)(C), (D) and (E) for lead counsel at the appellate or collateral review stages. (f) PAYMENT OF ATTORNEYS FROM PRIVATE BAR. (1) In General. Attorneys appointed from the private bar shall be: (A) compensated for actual time and service, computed on an hourly basis and at a reasonable rate in light of the attorney's qualifications and experience and the local market for legal representation in cases reflecting the complexity and responsibility of capital cases; (B) reimbursed for expenses reasonably incurred in the representation of the client including the cost of law clerks and paralegals reasonably needed in the representation of the client; and (C) reimbursed for the costs of investigators and experts whose services have been approved in advance by the court and are reasonably needed in the representation of the client. (2) Computation of Certain Payments. Payments under subsection (f)(1): (A) with respect to law clerks and paralegals, shall be computed on an hourly basis reflecting the local market for such services; and (B) with respect to investigators and experts, shall be commensu- rate with the schedule of fees paid by state authorities for such services (g) PROMPT PAYMENT OF ATTORNEYS FROM PRIVATE BAR. Appointed attorneys from the private bar shall receive prompt payment for legal services and reimbursement for expenses and support services upon the submission of periodic bills, receipts, or other appropriate documentation to the appointing authority or other appropriate state agency. The appointing authority shall promptly resolve any disputes with respect to such bills. Chapter 279 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out sections 68 through 71 and inserting in place thereof the following sections:— Section 68. Presentence Hearing in Cases In Which The Death Penalty May Be Imposed; Evidence Considered; Instructions; Verdict; Sentence; Mistrial. Upo n a plea or verdict of guilty of murder committed with deliberately premeditated m-alice aforethought or murder with Second degree extreme atrocity or cruelty by an individual who has attained the age of e hteen penalties" 'g years at the time of the murder and who is not convicted under the provisions of the felony murder rule, in cases where the commonwealth has alleged in its indictment or indictments the presence of the aggravating circumstance set forth in section sixty-nine of this chapter, a presentence hearing shall be conducted before the jury before which the case was tried; provided, however, that if in the opinion of the judge presiding at the presentence hearing, it is impossible or impracticable for the trial jury to sit at the presentence hearing, or if the matter of guilt was determined by a plea of guilty rather than by a jury, a new jury shall be impanelled to sit at the presentencing hearing. The selection of that jury shall be according to the laws and rules governing the selection of a jury for the trial of a capital case. A presentence hearing need not be conducted if the commonwealth determines either that it cannot prove beyond a reasonable doubt the existence of the aggravating circumstance set forth in section sixty-nine of this chapter, or that the penalty of death should not be imposed, in which case the court shall impose the sentence of imprisonment for life as provided in section two of chapter two hundred and sixty-five. During the presentence hearing, the only issue shall be the determination of the punishment to be imposed. During such hearing the jury shall hear all additional relevant evidence in mitigation of punishment including evidence relevant to any statutory mitigating circumstance set forth in paragraph (b) of section sixty-nine of this chapter, and evidence relevant to any other aspect of the defendant's character or record or any of the circumstances of the offense that the defendant or the commonwealth may proffer as a basis for a sentence less than death, regardless of its admissibility under the rules governing the admission of evidence at criminal trials. During such hearing, the jury shall also hear such evidence in aggravation of punishment as is relevant to the statutory aggravating circumstance set forth in paragraph (a) of said section sixty-nine, and which is alleged in the indictment; provided, however, that only such evidence in aggravation of punishment as the commonwealth has made known to the defendant prior to his trial shall be admissible, and provided further, that said evidence is otherwise admissible according to the rules governing the admission of evidence at criminal trials. The jury shall also hear arguments by the defendant or his counsel or both and by the commonwealth regarding the punishment to be imposed. The commonwealth and the defendant or his counsel shall be allowed to make opening statements and closing arguments at the presentence hearing. The order of those statements and arguments and the order of presentation of evidence shall be the same as at trial. Upon the conclusion of evidence and arguments at the presentence hearing, the court shall instruct the jury orally as to, and shall provide to the jury in writing copies of, any statutory aggravating circumstance or circumstances which are set forth in the indictment and which it determines to be warranted by the evidence. The court shall instruct the jury that it may choose to find that the penalty of death shall be imposed upon the defendant, or it may choose not to find that the penalty of death be imposed on the defendant, but that it may not find that the penalty of death shall be imposed unless it shall first make a unanimous determination of the existence of the aggravating circumstance set forth in section sixty-nine of this chapter and the indictment, beyond a reasonable doubt. The jury shall further be instructed that if it finds the existence of such an aggravating circumstance beyond a reasonable doubt, it must then consider all of the evidence presented to it relevant to any of the mitigating circumstances set forth in paragraph (b) of section sixty- nine of this chapter, or to any other mitigating circumstance and determine whether in view of all the relevant circumstances of the offense and of the defendant, the sentence shall be life imprisonment or death. The jury shall further be instructed that the penalty of death may not be imposed unless it unanimously finds after a review of all of the evidence of mitigation proffered as a basis for a sentence less than death, that the penalty of death should be imposed. If the jury is unable to reach a unanimous verdict, the court shall impose the sentence of imprisonment for life as provided in section two of chapter two hundred and sixty-five. If its unanimous verdict is to impose the penalty of death, the jury shall designate in writing, signed by the foreperson of the jury, the statutory aggravating circumstance or circumstances which it unanimously found existed beyond a reasonable doubt, and that the jury after consideration of all of the evidence of mitigation relevant to the circumstances of the defendant and the offense proffered as a basis for a sentence less than death, unanimously found that the death penalty should be imposed. After the jury has made its findings, the court shall set a sentence in accordance with section seventy. The declaration of a mistrial during the course of the presentence hearing or any error in the presentence hearing determined or otherwise shall not affect the validity of the conviction. Section 69. Aggravating And Mitigating Circumstances In Cases in Which Death Penalty May Be Authorized. (a) In all cases in which the death penalty may be authorized, the statutory aggravating circumstances are that the murder was knowingly committed on a victim because of his position as, or while engaged in the performance of his official duties as a police officer or state or federal law enforcement officer. (b) In all cases in which the death penalty may be authorized, the mitigating circumstances shall be any factors proffered by the defendant or the commonwealth which are relevant in determining whether to impose a sentence less than death, including, but not limited to, any aspect of the defendant's character, propensities, or record and any of the circumstances of the murder, including but not limited to the following: (1) the defendant has no significant history of prior criminal convictions; Second degree (2) the victim was a co-conspirator or willing participant in the penalties" defendant's homicidal conduct, or in the criminal conduct which resulted in murder; (3) the murder was committed while the defendant was under extreme duress or under the domination or control of another which was insufficient to establish a defense to the murder but which sub- stantially affected his judgment; (4) the offense was committed while the capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law was impaired as a result of: (a) a mental disease or defect; (b) organic brain damage; (c) emotional illness brought on by stress or prescribed medication; or (d) intoxi- cation, or legal or illegal drug use by the defendant; which was insufficient to establish a defense to the murder but which substan- tially affected his judgment; (5) the defendant was over the age of seventy-five at the time of the murder, or any other relevant consideration regarding the age of the defendant at the time of the murder; (6) the defendant was battered or otherwise physically or sexu- ally abused by the victim in connection with or prior to the murder for which the defendant was convicted and such abuse was a con- tributing factor in the murder; (7) the defendant was experiencing post-traumatic stress syndrome caused by military service during a declared or undeclared war. Section 70. Necessity Of Findings To Impose Sentence Of Death. Where a person is convicted or pleads guilty to a crime which is punishable by death, a sentence of death shall not be imposed unless findings in accordance with section sixty-eight are made. Where such findings are made and the jury finds that the death penalty shall be imposed, the court shall sentence the defendant to death unless the court determines that a sentence of death should not be imposed under section seventy-one. Where such findings are not made or not unanimously made or where a sentence of death is not a unanimous finding by the jury, the court shall sentence the defendant to life imprisonment as provided in section two of chapter two hundred and sixty-five. Section 71. Establishment of a Unified Review Procedure by the Supreme Judicial Court. (a) The supreme judicial court shall establish, by rule, such reports or checklists to be utilized by the trial court, the prosecuting attorney, and the defense counsel prior to, during, and after the trial of cases in which the death penalty is sought, as it deems necessary to ensure that all possible matter which could be raised in defense have been considered by the defendant and defense counsel and either asserted in a timely and correct manner or waived in accordance with applicable legal requirements, so that, for purposes of any pretrial review and the trial and posttrial review, the record and transcript of proceedings will be as complete as possible for a review by the sentencing court and the supreme judicial court of challenges to the trial, conviction, sentence and detention of the defendant. (b) In any case in which the sentence of death has been imposed, the trial judge shall conduct a review of the entire record and shall report to the supreme judicial court any observations which it deems pertinent to the question of the appropriateness of the sentence, including the credibility and effectiveness of mitigation evidence offered by the defense; the strength of the commonwealth's case on the merits including observations with respect to its reliance on cir- cumstantial or eyewitness testimony and on the possibility, if any, of innocence being subsequently established, and the possibility of pas- sion or prejudice having affected the jury's sentencing decision. If, based on the trial court's review of the record, the court determines that despite the findings by the jury, the death penalty should not be imposed, the judge may set aside the sentence of death and impose a sentence of life imprisonment without parole. In such case the judges shall set forth in writing the findings and reasons which support such determination. The commonwealth shall have a right to appeal to the supreme judicial court any such determination, and the supreme judicial court may set aside said determination if it is unsupported by the record of the case, and may thereafter reimpose the penalty of death. (c) In any case in which a sentence of death has been imposed, the trial judge may suspend for a period of time or set aside the penalty of death and impose in its place a sentence of life in prison without possibility of parole at any time, upon a showing that there is newly discovered evidence that casts substantial doubt on the justice of the conviction, or raises the substantial possibility of innocence being subsequently established, even though said evidence is not then sufficient to grant a new trial. (d) Nothing in this section shall limit or restrict review, rights or remedies available through the procedures under Rule 30 of the Massachusetts Rules of Criminal Procedure. Section 72. Appellate Review Of A Sentence Of Death. In addition to a review of the entire case pursuant to section thirty-three E of chapter two hundred and seventy-eight, and section seventy-one of chapter two hundred and seventy-nine, the supreme judicial court shall review the sentence of death imposed pursuant to sections sixty-eight, sixty-nine and seventy of chapter two hundred and seventy-nine. If the supreme judicial court determines that (1) the sentence of death was imposed under the influence of pas- sion, prejudice or any other arbitrary factor; or (2) the evidence does not support the jury's findings of a statutory aggravating circumstance or circumstances as defined in section sixty-nine; or (3) the evidence of mitigation warranted the imposition of a life sentence rather than a sentence of death; or (4) the weight of the evidence does not warrant a sentence of death, the court shall (1) reverse the sentence of death and remand for a new presentence hearing pursuant to section sixty-eight of chapter two hundred and seventy- nine, or (2) reverse the sentence of death and remand to the superior court department of the trial court for sentence of imprisonment in the state prison for life. The eourt shall also have the authority to affirm the sentence of death." Second degree After debate, the question on adoption of the amendment was deter- penaltiesT mined by a call of the yeas and nays, at eighteen minutes past two o'clock P.M., on motion of Mr. Lees, as follows, to wit (yeas 23 — nays 14):

YEAS.

Arnorello, Matthew J. Melconian, Linda J. Bernstein, Robert A. Moore, Richard T. Berry, Frederick E. Morrissey, Michael W. Brewer, Stephen M. Murray, Therese Clancy, Edward J., Jr. Norton, Thomas C. Hävern, Robert A. Pacheco, Marc R. Hedlund, Robert L. Panagiotakos, Steven C. Jacques, Cheryl A. Rauschenbach, Henri S. Jajuga, James P. Shannon, Charles E. Knapik, Michael R. Tarr, Bruce E. Lees, Brian P. Tisei, Richard R. — 23. Lynch, Stephen F.

NAYS.

Antonioni, Robert A. Nuciforo, Andrea F., Jr. Creedon. Robert S., Jr. O'Brien, John D. Durand, Robert A. Pines, Lois G. Fargo, Susan C. Rosenberg. Stanley C. Keating, William R. Tolman. Warren E. Magnani, David P. Walsh, Marian Montigny, Mark C. Wilkerson, Dianne— 14.

ABSENT OR NOT VOTING.

Travaglini, Robert E. White, W. Paul — 2.

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

PAPER FROM THE HOUSE. There being no objection, during the consideration of the Orders of the Day, the following matter was considered, as follows: Unemployment A report of the committee of conference on the disagreeing votes insurance,— conference of the two branches, with reference to the Senate amendments to the committee House Bill relative to unemployment insurance (House, No. 2236) report. reports recommending that the House recede from its non-concurrence with the Senate in its amendments and concur therein with a further amendment by striking out all after the enacting clause and inserting in place thereof the following: "Notwithstanding the provisions of section 14 of chapter 151A of the General Laws, the experience rate of an employer qualifying therefor under subsection (b) of said section 14 of said chapter 151A shall be the rate which appears in the column designated 'C' for calendar year 1998.", and that the Senate concur in the further amendment. The report was read. The rules were suspended, on motion of Mr. Lynch, and the report was considered forthwith and accepted, in concurrence.

Orders of the Day.

The Senate report of the committee on Criminal Justice, ought Assault NOT to pass, on the petition (accompanied by bill. Senate, No. 148) weaPons- of L. Scott Harshbarger, Attorney General, Cheryl A. Jacques, Dianne Wilkerson, W. Paul White. Lois G. Pines, Susan C. Fargo and other members of the General Court for legislation relative to assault weapons,— was considered; the main question being on acceptance of the report. The motion, previously moved by Mr. Lees, to lay the matter on the table, was considered; and, after debate, the question thereon was determined by a call of the yeas and nays, at twenty-seven minutes before three o'clock P.M., on motion of Mr. Lees, as follows, to wit (yeas 16 — nays 21)

YEAS.

Amorello, Matthew J. Melconian, Linda J. Antonioni. Robert A. Moore. Richard T Brewer, Stephen M. Morrissey, Michael W. Clancy. Edward J.. Jr. Norton, Thomas C. Durand, Robert A. Pacheco, Marc R. Hedlund, Robert L. Rauschenbach, Henri S. Knapik, Michael R. Tarr, Bruce E. Lees. Brian P. Tisei, Richard R. — 16.

NAYS.

Bernstein, Robert A Murray, Therese Berry, Frederick E. Nuciforo, Andrea F., Jr. Creedon, Robert S., Jr. O'Brien, John D. Fargo, Susan C. Panagiotakos, Steven C. Hävern, Robert A. Pines, Lois G. Jacques, Cheryl A. Rosenberg, Stanley C. Jajuga, James P. Shannon, Charles E. Keating, William R. Tolman, Warren E. Lynch, Stephen F. Walsh, Marian Magnani, David P. Wilkerson, Dianne — 21. Montigny, Mark C.

ABSENT OR NOT VOTING.

Travaglini, Robert E. White, W. Paul — 2.

The yeas and nays having been completed at twenty-three minutes before three o'clock P.M., the motion to lay on the table was negatived. The motion, previously moved by Ms. Jacques, to substitute the bill (Senate, No. 148) for the report of the committee was considered. After debate, pending the adoption of this motion, Mr. Norton moved that Senate Rule 38A be suspended to allow the Senate to continue in session beyond the hour of eight o'clock P.M. There Assault being no objection, on further motion of the same Senator, the rule weapons. was SUSpencjed without a recorded yea and nay vote. After further debate, the motion to substitute the bill for the committee report was determined by a call of the yeas and nays, at five minutes before four o'clock P.M., on motion of Mr. Durand, as follows, to wit (yeas 21 — nays 15):

YEAS.

Bernstein, Robert A Morrissey, Michael W. Berry, Frederick E. Murray, Therese Creedon, Robert S., Jr. Nuciforo, Andrea F., Jr. Fargo, Susan C. O'Brien, John D. Hävern, Robert A. Panagiotakos, Steven C. Jacques, Cheryl A. Pines, Lois G. Jajuga, James P. Rosenberg, Stanley C. Keating, William R Tolman, Warren E. Lynch, Stephen F. Walsh, Marian Magnani, David P. Wilkerson, Dianne — 21. Montigny, Mark C.

NAYS.

Amorello, Matthew J. Melconian, Linda J. Antonioni, Robert A. Moore, Richard T. Brewer, Stephen M. Norton, Thomas C. Clancy, Edward J., Jr. Pacheco, Marc R. Durand, Robert A. Rauschenbach, Henri S. Hedlund, Robert L. Tarr, Bruce E. Knapik, Michael R. Tisei, Richard R. — 15. Lees, Brian P.

ABSENT OR NOT VOTING.

Shannon, Charles E. White, W. Paul — 3. Travaglini, Robert E.

The yeas and nays having been completed at four o'clock P.M., the bill (Senate, No. 148) was substituted. The bill was then read and referred to the committee on Steering and Policy.

There being no objection, during the consideration of the Orders of the Day, the following matters were considered, as follows:

PAPER FROM THE HOUSE. Emergency Preamble Adopted. Unemployment An engrossed Bill relative to unemployment insurance (see insurance. House, No. 2236, printed as amended, amended), having been certified by the Senate Clerk to be rightly and truly prepared for final passage and containing an emergency preamble,— was laid before the Senate; and, a separate vote being taken in accordance with the requirements of Article LXVII of the Amendments to the Constitution, the preamble was adopted, in concurrence, by a vote of 16 to 0. The bill was signed by the President and sent to the House for enactment.

Report of Committees. By Mr. Norton, for the committees on Rules of the two branches, Health acting concurrently, that Joint Rule 12 be suspended on the Senate caro,~j petition of Mark C. Montigny, Harriette L. Chandler, John E. cxpan McDonough, Marc R. Pacheco and other members of the General Court for legislation to expand access to quality health care for working families, children and senior citizens in the Commonwealth. Senate Rule 36 was suspended, on motion of Mr. Montigny, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill, Senate, No. 1938) was referred to the committee on Health Care. Sent to the House for concurrence.

Orders of the Day. The motion, previously moved by Mr. Clancy, that the Senate Privacy reconsider the vote by which, at a previous session, it had passed to "ghts. be engrossed, in concurrence, the House Bill relative to the commercial exploitation of certain privacy rights (House, No. 4752),— was considered. On motion of Mr. Clancy, the further consideration thereof was postponed until Monday, September 29.

PAPER FROM THE HOUSE. Engrossed Bill. An engrossed Bill relative to unemployment insurance (see Bill laid 6 f House, No. 2236, printed as amended, amended) (which originated Q 0 °gj:n0r in the House), having been certified by the Senate Clerk to be ovcrnor rightly and truly prepared for final passage, was put upon its final passage. The question on passing the bill to be enacted was determined by a call of the yeas and nays, at ten minutes past four o'clock P.M., on motion of Mr. Lees, as follows, to wit (yeas 36 — nays 0):

YEAS.

Amorello, Matthew J Havern, Robert A. Antonioni, Robert A. Hedlund, Robert L. Bernstein, Robert A. Jacques, Cheryl A. Berry, Frederick E. Jajuga, James P. Brewer, Stephen M. Keating, William R. Clancy, Edward J., Jr. Knapik, Michael R Creedon, Robert S., Jr. Lees. Brian P. Durand, Robert A. Lynch, Stephen F. Fargo, Susan C. Magnani, David P. Bill laid Melconian, Linda J. Panagiotakos, Steven C. before Monligny, Mark C. Pines, Lois G. Governor Moore. Richard T. Rauschenbach, Henri S. Morrissey, Michael W. Rosenberg, Stanley C. Murray, Therese Tarr, Bruce E. Norton, Thomas C. Tisei, Richard R. Nuciforo, Andrea F., Jr. Tolman, Warren E. O'Brien, John D. Walsh, Marian Pacheco, Marc R. Wilkerson, Dianne — 36.

NAYS —0.

ABSENT OR NOT VOTING.

Shannon, Charles E. White, W. Paul —3. Travaglini, Robert E.

The yeas and nays having been completed at a quarter past four o'clock P.M., the bill was passed to be enacted and it was signed by the President and laid before the Acting Governor for his approbation.

Reports of Committees. Pension By Messrs. Rosenberg and Montigny, for the committee on Ways funds,— and Means, that the House Bill requiring divestment of tobacco stocks, tobacco divestent. securities or other obligations from public pension funds (House, No. 3905, amended),— ought to pass. Mr. Montigny asked unanimous consent to suspend the rules to consider the matter forthwith; but objection was made thereto by Mr. Berry. The bill was referred, under the rules, to the committee on Steering and Policy.

M.B.T.A.,- By Mr. Rosenberg, for the committee on Ways and Means, that employee the House Bill relative to the collective bargaining of Massachusetts safety. Bay Transportation Authority employees (House, No. 4436), ought to pass, with amendments, striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 1934; and by striking out the title and inserting in place thereof the following title "An Act promoting the safety of employees of the Massachusetts Bay Transportation Authority." There being no objection, the rules were suspended, on motion of Ms. Walsh, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means. The bill as amended, was ordered to a third reading and read a third time. Pending the question on passing the bill to be engrossed, Mr. Lees moved that the bill be amended by striking out all after the enacting clause and inserting in place thereof the following: "The first paragraph of section 19 of chapter 161A of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by adding after subsection (v) the following: (A) Notwithstanding any general or special law to the contrary, the directors shall have the authority and right to bargain collectively with the proper labor organization representing employees in the classification of system repairmen with respect to the determination and development of the level of staffing and training for such classi- fications, to the limited extent that such factors impact upon the safety of such employees. (B) The authority and right of the directors to bargain collectively with the proper labor organizations representing employees in the classification of system repairmen with respect to the determination and development of the level of staffing and training for such classification, to the limited extent that such factors impact upon the safety of such employees, shall not be defined as a 'matter of inherent management right' as set forth in M.G.L.A. Chapter 161 A, Section 19. (C) The parties may include in any written agreement a grievance procedure culminating in final and binding arbitration before the parties' neutral arbitrator which may be invoked in the event that any employee in the classification of system repairmen is aggrieved by any action taken by the authority, directors or management in violation of paragraph (A) and paragraph (B) of subsection (v).". After remarks, the amendment was rejected. After debate, Ms. Melconian in the Chair, the question on passing the bill to be engrossed was determined by a call of the yeas and nays, at twenty minutes before five o'clock P.M., on motion of Mr. Lees, as follows, to wit (yeas 35 — nays 0):

YEAS.

Amorello, Matthew J. Melconian, Linda J. Antonioni, Robert A. Montigny, Mark C. Bernstein, Robert A. Moore, Richard T. Berry, Frederick E. Morrissey, Michael W. Brewer, Stephen M. Murray, Therese Clancy, Edward J , Jr. Norton, Thomas C. Creedon, Robert S., Jr. Nuciforo, Andrea F., Jr. Durand, Robert A. O'Brien, John D. Fargo, Susan C. Pacheco, Marc R. Havern, Robert A. Pines, Lois G. Hedlund. Robert L. Rauschenbach, Henri S. Jacques, Cheryl A. Rosenberg, Stanley C. Jajuga, James P. Tarr, Bruce E. Keating, William R. Tisei, Richard R. Knapik, Michael R. Tolman, Warren E. Lees, Brian P. Walsh, Marian Lynch, Stephen F. Wilkerson, Dianne — 35. Magnani. David P.

NAYS — 0.

ABSENT OR NOT VOTING.

Panagiotakos, Steven C. Travaglini, Robert E. Shannon, Charles E. White, W. Paul — 4.

The yeas and nays having been completed at thirteen minutes before five o'clock P.M., the bill was passed to be engrossed, in concurrence, with the amendments. Sent to the House for concurrence in the amendments adopted by the Senate. The President in the Chair,— Insurance,— By Mr. Magnani, for the Senate committee on Science and genetic Technology, on petition (accompanied by bill, Senate, No. 659), a testing. Bill relative to insurance and genetic testing and privacy protection (Senate, No. 1933). There being no objection, the rules were suspended, on motion of Ms. Melconian, and the bill was read a second time and ordered to a third reading.

PAPERS FROM THE HOUSE. Engrossed Bills. The following engrossed bills (the first two of which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, were severally passed to be enacted and were signed by the President and laid before the Acting Governor for his approbation, to wit: Bills laid Authorizing the city of Beverly to enter into a certain contract for before the disposal of sewage (see Senate, No. 1727); Acting Governor. Exempting a certain position in the city of Lynn from the civil service law (see Senate, No. 1784); and Authorizing certain structures to be exempted from certain harbor lines (see House, No. 4828, amended).

Resolutions. Susan S. Resolutions (filed by Messrs. Birmingham, Norton and Tolman) Bailis. "honoring Susan S. Bailis", were referred, under the rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Mr. Norton, and adopted.

Fire Chief Resolutions (filed by Mr. Brewer) "congratulating Fire Chief Roger Knipe of Roger Knipe of the Hubbardston Fire Department on the occasion of Hubbardston. his retirement", were referred, under the rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Mr. Norton, and adopted.

Saint Coletta Resolutions (filed by Messrs. Hedlund and Morrissey) "congratu- Day School. lating the Saint Coletta Day School on the occasion of its fortieth anniversary", were referred, under the rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Mr. Norton, and adopted. Resolutions (filed by Messrs. Jajuga, Shannon, Clancy, Tolman, Irish Consul O'Brien, Morrissey and White) "congratulating and welcoming Irish General Orla O'Hanrahan. Consul General Orla O'Hanrahan", were referred, under the rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Mr. Norton, and adopted.

Resolutions (filed by Mr. Moore) "honoring the Uxbridge Youth Uxbridge Center, its youth members, adult directors and volunteers for out- Youth standing service to the youth of Uxbridge", were referred, under the Center. rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Mr. Norton, and adopted.

Resolutions (filed by Mr. Moore) "memorializing the life and Colonel service of Colonel Louis R. Volpe", were referred, under the rule, to Louis R. the committee on Rules. Volpe. 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. Norton, and adopted.

Resolutions (filed by Mr. Tisei) "congratulating the Stoneham Stoneham Vietnam Veterans Moving Wall Committee", were referred, under Vietnam Veterans the rule, to the committee on Rules. Moving Wall Subsequently, Mr. Norton, for the said committee, reported, Committee. recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Mr. Norton, and adopted.

Reports of Committees.

By Mr. Norton, for the committees on Rules of the two branches, Veterans acting concurrently, that Joint Rule 12 be suspended on the Senate organizations,- sales of petition of Stephen M. Brewer for legislation relative to the sale of alcoholic alcoholic beverages by licensed veterans organizations. beverages. Senate Rule 36 was suspended, on motion of Mr. Norton, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill, Senate, No. 2343) was referred to the committee on Government Regulations.

By Mr. Norton, for the committees on Rules of the two branches, Tanks- acting concurrently, that Joint Rule 12 be suspended on the Senate underground petition of Robert S. Creedon, Jr., and Geraldine Creedon for legis- storage. lation relative to underground storage tanks. Senate Rule 36 was suspended, on motion of Mr. Norton, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill, Senate, No. 1971) was referred to the committee on Natural Resources and Agriculture.

State By Mr. Norton, for the committees on Rules of the two branches, employees,- acting concurrently, that Joint Rule 12 be suspended on the Senate retirement credit. petition of Robert S. Creedon, Jr., and Geraldine Creedon for legislation to allow state employees who were laid off in the years nineteen hundred and eighty-nine through nineteen hundred and ninety-two and subsequently reinstated to be credited with active service for said period. Senate Rule 36 was suspended, on motion of Mr. Norton, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill, Senate, No. 1972) was referred to the committee on Public Service.

DC.P.O.,— By Mr. Norton, for the committees on Rules of the two branches, rental agreements. acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Robert S. Creedon, Jr., Marc R. Pacheco and Geraldine Creedon for legislation relative to rental agreements of the Division of Capital Planning and Operations. Senate Rule 36 was suspended, on motion of Mr. Norton, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill, Senate, No. 1973) was referred to the committee on State Administration. Severally sent to the House for concurrence.

PAPER FROM THE HOUSE. Area codes,— A message from His Honor the Lieutenant-Governor. Acting realignment. Governor, recommending legislation relative to repealing certain exemptions from the area code realignment for eastern Massachu- setts (House, No. 4937),— came from House, having been referred to the committee on Government Regulations. After debate on the question of concurring in the reference to the committee on Government Regulations, Mr. Tolman moved that the matter be laid on the table. In accordance with the provisions of Senate Rule 24, the consideration of the motion to lay on the table was postponed, without question, until the next session. Mr. Morrissey moved that when the Senate adjourns, it adjourn to meet forthwith for a second legislative day; and further moved that debate on this motion be limited pursuant to the provisions of Senate Rule 47. Mr. Tolman moved that when a vote on this matter be taken it be taken by a call of the yeas and nays. An insufficient number of members joining him in this request a call of the yeas and nays was not ordered. The motion for a second legislative day was then adopted. On motion of Mr. Norton, at one minute past five o'clock P.M., the Senate adjourned to meet forthwith for a second legislative day.

SECOND LEGISLATIVE DAY. Met according to adjournment. Second The message from His Honor the Lieutenant-Governor. Acting legislative Governor, recommending legislation relative to repealing certain exemptions from the area code realignment for eastern Massachusetts (House, No. 4937),— was further considered. The motion, previously moved by Mr. Tolman, to lay the matter on the table was considered; and, after debate, the question thereon was determined by a call of the yeas and nays, at twenty-one minutes past five o'clock P.M., on motion of Mr. Tolman. as follows, to wit (yeas 3 — nays 32):

YEAS.

Fargo. Susan C. Tolman. Warren E. — 3. Pines, Lois G.

NAYS.

Amorello, Matthew J Magnani, David P. Antonioni, Robert A. Melconian, Linda J. Bernstein, Robert A. Montigny, Mark C. Berry, Frederick E. Moore, Richard T. Brewer, Stephen M. Morrissey, Michael W. Clancy, Edward J . Jr. Murray, Therese Creedon, Robert S., Jr. Norton. Thomas C. Durand, Robert A. Nuciforo, Andrea F., Jr. Havern, Robert A. O'Brien, John D. Hedlund, Robert L. Pacheco, Marc R. Jacques, Cheryl A. Rauschenbach, Henri S. Jajuga, James P. Rosenberg, Stanley C. Keating, William R. Tarr, Bruce E. Knapik, Michael R Tisei, Richard R. Lees, Brian P. Walsh, Marian Lynch, Stephen F. Wilkerson. Dianne — 32.

ABSENT OR NOT VOTING.

Panagiotakos, Steven C. Travaglini, Robert E. Shannon, Charles E. White, W. Paul — 4.

The yeas and nays having been completed at twenty-seven minutes past five o'clock P.M., the motion to lay on the table was negatived. Mr. Tolman moved that the motion to lay on the table be reconsidered. The President stated that the motion to lay on the table was not subject to reconsideration; and, accordingly, the motion was laid aside. The message from His Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to repealing certain exemptions from the area code realignment for eastern Massachusetts (House, No. 4937) was then referred, in concurrence, to the committee on Government Regulations. Mr. Tolman moved reconsideration of the reference to the committee on Government Regulations. The President stated that, according to general parliamentary procedure, the motion to reconsider the reference to committee was not subject to a motion to reconsider; and, accordingly, the motion was laid aside. Mr. Tolman then moved that House, No. 4937 be referred to the committee on Taxation, pursuant to the provisions of Senate Rule 20. After debate, there being no objection, Mr. Tolman withdrew this motion. Order Adopted. On motion of Ms. Melconian,— Time of Ordered, That when the Senate adjourns today, it adjourn to meet meeting. again tomorrow at eleven o'clock A.M., and that the Clerk be directed to dispense with the printing of a calendar.

On motion of Mr. Lees, at a quarter before six o'clock P.M., the Senate adjourned to meet on the following day at eleven o'clock A.M. Thursday, September 18, 1997. Met at four minutes past eleven o'clock A.M. (Mr. Norton in the Chair). Order Adopted. Ms. Murray offered an order and, under the rule, it was referred to the committees on Rules of the two branches, acting concurrently, to wit: Joint standing Ordered, That, notwithstanding the provisions of Joint Rule 10, committees, joint standing committees and the committees on Rules of the two etc.,— branches, acting concurrently, be granted until Thursday, reporting extension. October 9, 1997, within which to make reports on all matters referred to them. Subsequently, Mr. Norton, for the said committees on Rules of the two branches, acting concurrently, reported recommending that the order ought to be adopted; and it was considered forthwith, and adopted. Sent to the House for concurrence.

PAPER FROM THE HOUSE.

A Bill authorizing the lease of certain property by a selectman in Framingham,— e e the town of Framingham (House, No. 4645,— on petition) [Local ^de r gaSt approval received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Resolutions.

Resolutions (filed by Mr. Hedlund) "honoring Lawrence A. LawrenceA. Kellem", were referred, under the rule, to the committee on Rules. Kellem. 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. Tolman, and adopted.

Petition. On motion of Mr. Havern, Senate Rule 20 and Joint Rule 12 were Alcoholic suspended on the petition, presented by Mr. Havern (accompanied {j^nsef5 by bill, Senate, No. 1939) of Robert A. Havern for legislation to authorize the Brew House Limited Partnership to simultaneously hold certain alcoholic beverage licenses,— and the same was referred to the committee on Government Regulations. Sent to the House for concurrence. PAPER FROM THE HOUSE. Winthrop,— A Bill relative to the town of Winthrop scholarship fund (House, scholarship fund. No. 4841,— on petition) [Local approval received],— was read. There being no objection, the rules were suspended, on motion of Mr. Rauschenbach, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Order Adopted. On motion of Mr. Tolman,— 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. Murray, at nine minutes past eleven o'clock A.M., the Senate adjourned to meet on the following Monday at eleven o'clock A.M. Monday, September 22, 1997. Met at two minutes past eleven o'clock A.M. (Mr. Norton in the Chair). Communication. Office of A communication from John J. O'Brien, Executive Director, Community Office of Community Corrections, Administrative Office of the Corrections. Trial Court (under the provisions of item 0330-0302 of Chapter 43 of the Acts of 1997) submitting a copy of the spending and management plan of the Office of Community Corrections (received Tuesday, September 16, 1997),— was placed on file. Report. Department of A report of the Department of Public Health (under the provisions Public of sections 5 and 20 of Chapter 111 of the General Laws) relative to Health,— inspection of the Western Massachusetts Correctional Alcohol inspection. Center (received Friday, September 12, 1997),— was read and sent to the House for its information.

Petition. A petition (having been transmitted to the Secretary of State under the provisions of Section 5 of Chapter 3 of the General Laws, and returned by him with memoranda relative thereto, was referred, as follows, to wit: Petition (subject to Joint Rules 12 and 9) of Robert E. Travaglini Boston Harbor line for legislation to allow certain structures to be exempted from cer- exemption. tain harbor lines along the Atlantic Avenue waterfront of Boston Harbor in the city of Boston; Under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees. By Mr. Antonioni, for the committee on Education, Arts and Vocational school Humanities, on petition (accompanied by bill, Senate, No. 1745), an district Order relative to authorizing the committee on Education, Arts and contributions. Humanities to sit during the recess of the General Court for the purpose of making an investigation and study of current Senate document numbered 1745, relative to municipal contributions for vocational school districts (Senate, No. 1945); Referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently. Subsequently, Mr. Norton, for the said committees on Rules of the two branches, acting concurrently, reported, asking to be discharged from further consideration of the said order and recommending that the same be referred to the Senate committee on Rules. Under Senate Rule 36, the report was considered forthwith and was accepted.

Arlington,— By Ms. Fargo, for the committee on Local Affairs, on petition, a health insurance Bill authorizing the town of Arlington establish a post employment trust fund. health insurance trust fund (Senate, No. 1861) [Local approval received]; Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Business By Mr. White, for the committee on Banks and Banking, on peti- organiza- tions,— tion, a Bill to clarify proceedings involving real estate owned by cer- real estate. tain business organizations (Senate, No. 14, changed by striking out section 1); and Credit By the same Senator, for the same committee, on petition, a Bill unions,— retirement relative to retirement plan contributions by credit unions (Senate, contributions. No. 16); Severally read and, under Senate Rule 26, referred to the committee on Steering and Policy.

By Mr. White, for the committee on Banks and Banking, ought NOT to pass: Mortgage On the petition (accompanied by bill, Senate, No. 7) of assignments,- recording. William R. Keating and W. Paul White for legislation relative to the recording of mortgages and mortgage assignments; and Residential On the petition (accompanied by bill, Senate, No. 8) of transactions,- title. William R. Keating for legislation relative to the certification of title by attorneys in residential transactions; Severally referred, under Senate Rule 36, to the committee on Steering and Policy.

Mr. Berry, 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 Steering and Relative to assault weapons (Senate, No. 148); and Policy reports. Relative to child support (Senate, No. 1935); and The House Bill designating a certain bridge in the city of Lawrence as the Joseph A. Torrisi Memorial Bridge (House, No. 2810).

PAPERS FROM THE HOUSE. Bills Norfolk/ Authorizing the Division of Capital Planning and Operations to Wrentham,— land convey a certain parcel of land to the towns of Norfolk and conveyance. Wrentham (House, No. 404,— on petition); and Authorizing the Division of Capital Planning and Operations to Wrentham,- convey a certain parcel of land to the town of Wrentham (House, land conveyance. No. 405,— on petition); Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

Bills Relative to the notification procedures regarding the purchase of State services,— certain state services (House, No. 12,— on House, No. 7, in part); purchases. Relative to inspections of on-site sewage disposal systems Sewage disposal (House, No. 1765, amended,— on petition); systems. Authorizing the Superintendent of State Office Buildings to Lt. Frances Y. install a plaque in the State House honoring Lt. Frances Y. Slanger Slanger,— plaque. (House, No. 1809, amended,— on petition); Relative to the license of school bus operators (House, School bus No. 2545,— on petition); and operators. Relative to the third harbor tunnel (House. No. 4751,— on Third harbor House. No. 4134); tunnel. Were severally read and, under Senate Rule 26, referred to the committee on Steering and Policy.

Reports Of the committee on Government Regulations, ought NOT to Gas pass, on so much of the recommendations of the Office of Consumer meters,- testing. Affairs and Business Regulation (House, No. 19) as relates to the testing of natural gas meters (accompanied by bill, House, No. 26); and Of the committee on Public Safety, ought NOT to pass, on the School message from His Excellency the Governor (accompanied by bill. attendance,— driver's House, No. 4145) recommending legislation relative to establishing license. certain attendance requirements for minors to obtain a driver's license; Were severally referred, under Senate Rule 36, to the committee on Steering and Policy.

Resolutions. Resolutions (filed by Messrs. Morrissey, Bernstein, O'Brien and John B. Rauschenbach) "recognizing John B. Howe for exemplary service to Howe- the Commonwealth", were referred, under the rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Mr. Panagiotakos, and adopted.

Resolutions (filed by Mr. Pacheco) "congratulating Adam Adam Campbell of Halifax upon his elevation to the rank of Eagle Scout", Campbell, were referred, under the rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Mr. Panagiotakos, and adopted.

Second Resolutions (filed by Mr. Tolman and Ms. Melconian) "on the Republic of sixth anniversary of the Second Republic of Armenia", were Armenia. referred, under the rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Mr. Panagiotakos, and adopted.

Vincent J Resolutions (filed by Mr. White) "honoring Vincent J. McDonough. McDonough on the occasion of his retirement from the Boston public school system", were referred, under the rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Mr. Panagiotakos, and adopted.

Reports of Committees. Salem State By Mr. Norton, for the committees on Rules of the two branches, College,— acting concurrently, that Joint Rule 12 be suspended on the Senate grant credits. petition of Bruce E Tarr and James R Miceli for legislation relative to authorizing Salem State College to award certain degree credits. Senate Rule 36 was suspended, on motion of Ms. Melconian, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Education, Arts and Humanities.

Condo- By Mr. Norton, for the committees on Rules of the two branches minium acting concurrently, that Joint Rule 12 be suspended on the Senate financial reports. petition of William R Keating and Louis L. Kafka for legislation relative to the review of condominium financial reports Senate Rule 36 was suspended, on motion of Ms. Melconian, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill, Senate, No. 2001) was referred to the committee on Housing and Urban Development.

Domestic By Mr. Norton, for the committees on Rules of the two branches, violence cases,— acting concurrently, that Joint Rule 12 be suspended on the Senate protect petition of William R Keating, John H Rogers, Michael W children. Morrissey, Louis L Kafka, Robert A Havern and other members of the General Court for legislation relative to the protection of children in domestic violence cases. Senate Rule 36 was suspended, on motion of Ms. Melconian, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill. Senate, No. 1959) was referred to the committee on the Judiciary.

By Mr. Norton, for the committees on Rules of the two branches, Quincy,— acting concurrently, that Joint Rule 12 be suspended on the Senate civil service placement. petition of Michael W. Morrissey, Ronald Mariano, Michael G. Bellotti and A. Stephen Tobin (with the approval of the mayor and city council) for legislation relative to civil service placement for Richard J. Flynn. Jr., as a police officer in the city of Quincy. Senate Rule 36 was suspended, on motion of Ms. Melconian, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill, Senate, No. 1981) was referred to the committee on Public Service. Severally sent to the House for concurrence.

PAPER FROM THE HOUSE.

A petition (accompanied by bill. House No. 4948) of Shaun P. Ashfield Kelly and Stanley C. Rosenberg relative to the Ashfield Water t District,— was referred, in concurrence, under suspension of 1 ,K Joint Rule 12, to the committee on Local Affairs.

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

On motion of Mr. Rosenberg, at seven minutes past eleven o'clock A.M., the Senate adjourned to meet on the following Thursday at one o'clock P.M. IN JOINT SESSION.

Wednesday, September 24, 1997. Joint Session of the Two Houses to Consider Specific Amendments to the Constitution. Joint At four minutes past two o'clock P.M., the two Houses met in Session. JOINT SESSION and were called to order by the Honorable Thomas F. Birmingham, President of the Senate. Without taking action on the matters duly and constitutionally assigned for consideration, on motion of Mr. Norton, at five minutes past two o'clock P.M., the joint session was recessed until two o'clock P.M. on Wednesday, October 22; and the Senate withdrew from the House Chamber under the escort of the Sergeant-at-Arms. Thursday, September 25, 1997. Met at twelve minutes past one'clock P.M.

Communication.

A communication from Angelo R. Buonopane, director. Depart- Job training ment of Labor and Workforce Development (under the provisions of serv,ces Section 200(b) of Chapter 43 of the Acts of 1997) relative to the supervision and control of the Corporation for Business, Work and Learning (CBWL), and the One Stop Career Center Office (CCO) (Senate, No. 1947),— was referred to the committee on Commerce and Labor. Sent to the House for concurrence.

Petition. Mr. Havern presented a petition (subject to Joint Rule 12) of Telecommu- nication Robert A. Havern for legislation relative to the licensing of telecom- professionals,- munication professionals,— and the same was referred, under license. Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees. By Ms. Wilkerson, for the committee on Insurance, on petition, Nurse- midwifery a Bill to improve access to nurse-midwifery services (Senate, No. 701); services,— Read and, under Senate Rule 27, referred to the committee on access. Ways and Means.

By Ms. Fargo, for the committee on Local Affairs, on petition, Andover,— a Bill authorizing the town of Andover to enter into certain agree- agreements. ments (Senate, No. 1922) [Local approval received]; Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Mr. Berry, 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 Designating the library at the Westborough State Hospital as the Steering and Policy John Lowe Library (House, No. 3734); and reports. Relative to insurance premium finance licensees subject to the jurisdiction of the Division of Banks and the Division of Insurance (House, No. 4585). PAPERS FROM THE HOUSE. Bills School nurses. Relative to school nurses (House, No. 3204,— on petition); and Children— Relative to the consideration of domestic violence in custody and domestic violence visitation proceedings (House, No. 4951, printed as amended,— on protection. Senate No. 775 and House Nos. 1948, 1959 and 3383); Were severally read and, under Senate Rule 26, referred to the committee on Steering and Policy.

Cable A report of the committee on Government Regulations, ought television,- NOT to pass, on the message from His Honor the Lieutenant- licensing and fees. Governor, Acting Governor, recommending legislation relative to authorizing the Department of Public Utilities to issue statewide and regional licenses for the operation of community antenna television systems and eliminating the annual cable license fee (accompanied by bill, House, No. 4887),— was referred, under Senate Rule 36, to the committee on Steering and Policy.

Reports Of the committee on Counties, asking to be discharged from further consideration County Of the petition (accompanied by bill, Senate, No. 113) of government,— Robert L. Hedlund for legislation to abolish county government and abolish. to transfer the responsibilities to state government; Second Essex Of the petition (accompanied by bill, Senate, No. 965) of District,— Frederick E. Berry for legislation to establish a regional organization regional council. to be known as the Second Essex Regional Council; Correction Of the petition (accompanied by bill, House, No. 574) of officers,— Alvin E. Thompson and another for legislation to establish an educa- education. tional incentive compensation program for county corrections officers and sheriffs' employees; Public Of the petition (accompanied by bill, House, No. 765) of employees,— AFSCME Council 93 and John A. Businger relative to an increase retirement allowance. of retirement allowances for certain public employees; Suffolk Of the petition (accompanied by bill, House, No. 787) of County,— AFSCME Council 93 and Kevin W. Fitzgerald relative to the civil sheriff's employees. service rights of employees of the sheriff of Suffolk County; Civil process Of the petition (accompanied by bill, House, No. 2174) of system,— reform. L. Scott Harshbarger and Michael G. Bellotti for legislation to further regulate the civil service system of the Commonwealth; Id. Of the petition (accompanied by bill, House, No. 2191) of Peter J. Larkin, James H. Fagan and another for legislation to make certain changes in the civil service system of the Commonwealth; and Retirement Of the petition (accompanied by bill, House, No. 3541) of pensions. William G. Greene, Jr., relative to pensions administered by county retirement systems; And recommending that the same severally be referred to the committee on Counties on the part of the House. Of the committee on Public Service, asking to be discharged from Deferred further consideration of the petition (accompanied by bill, House, retirees,— health care No. 1792) of Frank M. Hynes and another relative to health care premiums. insurance premiums for certain former employees of the Common- wealth,— and recommending that the same be referred to the House committee on Ways and Means. Were severally considered forthwith, under Senate Rule 36, and accepted, in concurrence, insomuch as relates to the discharge of the joint committees.

Orders of the Day. The Orders of the Day were considered, as follows: Bills To criminalize false 911 calls (Senate, No. 136); Second To prohibit motor vehicle insurance companies from directing ¡^i1"® insureds to specific auto glass companies for repair of their vehicles (Senate, No. 694); Establishing a surcharge under the safe driver insurance program for operating a motor vehicle while in possession of a controlled substance (Senate, No. 709); To clarify the terms of motor vehicle liability bonds and policies (Senate, No. 713); Relative to accountants liability (Senate, No. 812); Relative to legislator and public employee immunity from civil actions (Senate, No. 835); Further strengthening and clarifying the immunity laws of the Commonwealth (Senate, No. 844); Relative to the admissibility of statements recorded in a diary (Senate, No. 883); Relative to inspections of on-site sewage disposal systems (Senate, No. 984); Relative to membership on the South Essex Sewerage Board (Senate, No. 999, changed); Further regulating the sale and advertising of certain produce and turkeys (Senate, No. 1007); Relative to the Blackstone River and Canal Commission (Senate, No. 1041, changed); Relative to distinctive initial plates (Senate, No. 1093); To define "a person" for retirement purposes (Senate, No. 1289); Designating an official Korean War Memorial for the Commonwealth (Senate, No. 1380); Making certain changes in the bidding of public construction con- tracts (Senate, No. 1395); Relative to procurement for energy saving services for housing authorities (Senate, No. 1406); Relative to the annual observance of Eddie Eagle Gun Safety Week (Senate, No. 1412); Providing that no other flag or pennant be flown higher than the American flag (Senate, No. 1415); Second To establish November 13 as Massasoit compact day (Senate, reading No 1416); Providing for the annual observance of the eighth day of March as the Lucy Stone day (Senate, No. 1451); Designating the South Station Transportation Center Bus Terminal in Boston as the John J. "Happy" Coombs Terminal (Senate, No. 1537); For the installation of a sign recognizing Worcester as the birth- place of Robert Goddard, the father of modern rocketry (Senate, No. 1633); Relative to the designation of the Harding Street Bridge in Andover (Senate, No. 1649); Designating a certain bridge in the town of Acton as the Norman D. Lake Memorial Bridge (Senate, No. 1735); Relative to the inspection and maintenance of motor vehicles (Senate, No. 1833); Relative to the liability of foreign accounts (Senate, No. 1844); Relative to the order of placement of a certain person on the civil service eligibility list (Senate, No. 1895); Designating a change of use in land in the town of Andover (Senate, No. 1900); To increase the penalties for prostitution and solicitation (Senate, No. 1916); Authorizing the town of Arlington to establish a tip fee stabilization fund to pay charges associated with the town's obligation under the existing solid waste agreement in its association with the North- east Solid Waste Committee and the Massachusetts Refusetech, Inc. (Senate, No. 1929); Authorizing the town manager in the town of Arlington to lease certain park, playground, other open space, or other town lands to wireless communications companies for the erection of wireless antennas or other related appurtenant structures (Senate, No. 1930); Relative to voter registration certificates (House, No. 476); Designating a certain bridge in the towns of Bridgewater and Middleborough as the Desert Storm Veterans Memorial Bridge (House, No. 1244); Relative to the disclosure of information in real estate transactions (House, No. 2099); Relative to notices to the Department of Mental Health in certain probate proceedings (House, No. 2529); Authorizing towns to make certain elected officers appointed officials (House, No. 2720, amended); Relative to children in foster care (House, No. 2868); Relative to condominium by-laws (House, No. 3352); Increasing the penalties for violations of safety precautions at railroad crossings (House, No. 3527); amended)Relativ;e to the crime of child pornography (House, No. 4_4b, Authorizing the town of Weymouth to convey certain land (House, No. 4359); Authorizing the city of Gloucester to contribute financial assistance for certain septic system costs (House, No. 4476, changed); Abolishing the board of trust commissioners of the town of Swampscott (House, No. 4529); Authorizing the town of Tewksbury to convey certain land (House, No. 4542, changed); Authorizing the town of Medway to make changes in its form of government (House, No. 4576); and Further regulating bills for sewer use (House, No. 4586); Were severally read a second time and ordered to a third reading.

The Senate bills Relative to the crime of aggravated assault (Senate, No. 133); and Aggravated assault,— Providing confidential voter registration for victims of certain penalties. crimes (Senate, No. 338); Crime victims,- Were severally read a third time and passed to be engrossed. confidential Severally sent to the House for concurrence. voter registration. The Senate reports Of the committee on Insurance, ought NOT to pass, on the peti- Repair shops,- insurance tion (accompanied by bill, Senate, No. 632) of Stephen M. Brewer payments. for legislation relative to the penalty for making insurance payments to unregistered repair shops; Of the committee on Natural Resources and Agriculture, ought Department NOT to pass, on the petition (accompanied by bill, Senate, of Food and Agriculture,- No. 1014) of Edward J. Clancy, Jr., for legislation relative to regula- regulations. tions of Massachusetts Food and Agriculture Department; Of the same committee, ought NOT to pass, on the petition Department (accompanied by bill, Senate, No. 1015) of Edward J. Clancy, Jr., of Food and Agriculture,- for legislation relative to the authority to inspect facilities licensed powers. by the Massachusetts Food and Agriculture Department; Of the same committee, ought NOT to pass, on the petition Septic (accompanied by bill. Senate, No. 1051) of Rosaire J. Rajotte for systems,— regulation. legislation relative to the regulation of septic systems; Of the same committee, ought NOT to pass, on the petition Title 5 (accompanied by bill. Senate, No. 1052) of Rosaire J. Rajotte tor rules and regulations. legislation to amend rules and regulations relative to Title 5; Of the same committee, ought NOT to pass, on the petition MWRA,— advisory (accompanied by bill. Senate, No. 1059) of Michael W. Morrissey, board. Michael G. Bellotti and A. Stephen Tobin for legislation relative to the authority of the Massachusetts Water Resources Authority Advisory Board; Of the same committee, ought NOT to pass, on the petition Waterfront (accompanied by bill, Senate, No. 1076) of Bruce E. Tarr, Henri S. development,. loans. Rauschenbach, Matthew J. Amorello, Robert L. Hedlund and Anthony J. Verga for legislation to direct the Industrial Finance Agency to expend a certain sum of money for the rehabilitation of waterfront areas for industrial and commercial development; Waterways law Of the same committee, ought NOT to pass, on the petition enforcement,— (accompanied by bill, Senate, No. 1077) of Bruce E. Tarr and strengthen. Anthony J. Verga for legislation to strengthen waterways law enforcement; School buses,- Of the committee on Public Safety, ought NOT to pass, on the seat belts. petition (accompanied by bill, Senate, No. 1156) of Charles E. Shannon for legislation to require the use of seat belts on school buses when transporting to certain extracurricular activities; Prisoners,— Of the same committee, ought NOT to pass, on the petition private (accompanied by bill, Senate, No. 1162) of Bruce E. Tarr for legisla- employment. tion to allow for contracting with private entities for the labor of prisoners; Teachers,— Of the committee on Public Service, ought NOT to pass, on the health petition (accompanied by bill, Senate, No. 638) of Robert A. Havern insurance. for legislation to clarify health insurance coverage for public school teachers; Massachusetts Of the committee on Transportation, ought NOT to pass, on the Turnpike Authority,— petition (accompanied by bill, Senate, No. 1655) of Walter J. privatizing. Ziobro, Jr., for legislation relative to the privatization of the Massachusetts Turnpike Authority; MBTA,— Of the same committee, ought NOT to pass, on the petition privatizing. (accompanied by bill, Senate, No. 1656) of Walter J. Ziobro, Jr., for legislation to direct the Executive Office of Transportation and Construction to implement a privatization plan for the Massachusetts Bay Transportation Authority; and Massachusetts Of the same committee, ought NOT to pass, on the petition Port Authority,— (accompanied by bill, Senate, No. 1660) of Walter J. Ziobro, Jr., for privatize. legislation relative to the privatization of the Massachusetts Port Authority; Were severally considered; and they were accepted.

Broadcasting The Senate Bill relative to freedom of employment in the broad- industry,— casting industry (Senate, No. 76),— was read a second time. freedom of employment. After debate on the question on ordering the bill to a third reading, Mr. Lees moved that the bill be laid on the table; and, in accordance with the provisions of Senate Rule 24, the consideration of the motion to lay on the table was postponed, without question, until the next session.

Transportation The Senate Bill further regulating the transportation of school of school children. children (Senate, No. 225),— was read a second time. Pending the question on ordering the bill to a third reading, on motion of Mr. Rosenberg, the bill was referred to the committee on Ways and Means.

Alcoholic The Senate Bill further regulating the sale of alcoholic beverages beverages,— sale. (Senate, No. 370),— was read a second time. Pending the question on ordering the bill to a third reading, on motion of Mr. Rosenberg, the bill was referred to the committee on Ways and Means.

The Senate bills Relative to municipal light department security deposits (Senate, Second reading No. 395); bills. Further regulating directory assistance (Senate, No. 1857); and Allowing for the use of crossbows by certain handicapped persons (Senate, No. 1890); Were severally read a second time and ordered to a third reading.

The Senate Bill relative to the issuance of credit insurance Credit (Senate, No. 626),— was read a second time. insurance. Pending the question on ordering the bill to a third reading, on motion of Mr. Lees, the further consideration thereof was postponed until Thursday, October 2.

The Senate Bill clarifying protections for victims of sexual Sexual harassment,- harassment and other forms of workplace discrimination (Senate, victims. No. 774),— was read a second time. Pending the question on ordering the bill to a third reading, on motion of Mr. Rosenberg, the bill was referred to the committee on Ways and Means.

The Senate Bill establishing a senior service corps (Senate, Senior service corps,— No. 983, changed),— was read a second time. establish. Pending the question on ordering the bill to a third reading, on motion of Mr. Rosenberg, the bill was referred to the committee on Ways and Means.

The Senate Bill relative to the retail sale of live fishing bait in Live fishing bait,— plastic containers (Senate, No. 1074),— was read a second time. retail sale. Pending the question on ordering the bill to a third reading, on motion of Mr. Tisei, the further consideration thereof was postponed until Thursday, October 2.

The Senate Bill relative to former prisoners of war (Senate, POWs,— parking meter No. 1119),— was read a second time. fees. Pending the question on ordering the bill to a third reading, on motion of Mr. Rosenberg, the bill was referred to the committee on Ways and Means.

The Senate Bill relative to the pension rights of call fire fighters Call fire fighters- (Senate, No. 1208),— was read a second time. pension Pending the question on ordering the bill to a third reading, rights. on motion of Mr. Rosenberg, the bill was referred to the committee on Ways and Means. Massachusetts The Senate Bill relative to training Massachusetts Fire Academy Fire Training (Senate, No. 1217),— was read a second time. Academy,— charges. Pending the question on ordering the bill to a third reading, on motion of Mr. Rosenberg, the bill was referred to the committee on Ways and Means.

Firefighting The Senate Bill to provide for an increase in contribution for training,— costs of training fire fighting personnel (Senate, No. 1218),— was contributions. read a second time. Pending the question on ordering the bill to a third reading, on motion of Mr. Rosenberg, the bill was referred to the committee on Ways and Means.

Insurance,— The Senate Bill relative to insurance co-payments (Senate, co-payments. No. 1884),— was read a second time. Pending the question on ordering the bill to a third reading, on motion of Mr. Lees, the further consideration thereof was postponed until Thursday, October 2.

Boston,— The Senate Bill relative to the statutory rights of the Boston police commissioner. Police Commissioner (Senate, No. 1894),— was read a second time. Mr. Lees moved that the further consideration thereof be postponed for two months. There being no objection, Mr. Lees withdrew this motion. Pending the question on ordering the bill to a third reading, on motion of Mr. Lees, the further consideration thereof was postponed until Thursday, October 2.

Tobacco The Senate Bill further regulating the sale of tobacco to minors sale,— (Senate, No. 1915),— was read a second time. minors. Pending the question on ordering the bill to a third reading, Ms. Wilkerson moved to amend the bill by striking in line 6 the word "two" and inserting in place thereof the word "five"; and by striking in lines 7 and 8 the words "one hundred and twenty-five" and inserting in place thereof the words "two hundred and fifty"; by striking in line 10 the words "or subsequent"; and by striking in line 11 the words "five hundred" and inserting in place thereof the words "one thousand"; and by striking in line 12 the words "two hundred and fifty" and inserting in place thereof the words "five hundred"; and, by inserting at the end of the second paragraph the following new paragraph:— "A third violation of the provisions of this section shall be pun- ished by a fine of not less than one thousand five hundred dollars and the revocation of the license to sell tobacco as such license is obtained pursuant to section 67 of chapter 62C of the General Laws; provided, that not less than seven hundred and fifty dollars shall be remitted to the health protection fund established pursuant to section 29T of chapter 29." The amendments were adopted. The bill, as amended, was then ordered to a third reading. The House Bill relative to licenses for the construction and opera- Cable tion of CATV systems (House, No. 901, amended),— was read a f^^"'- second time. Pending the question on ordering the bill to a third reading, on motion of Mr. Morrissey, the further consideration thereof was postponed until Thursday, October 23.

The Senate Bill relative to the punishment for murder (Senate, Second degree murder,— No. 1834, amended) (its title having been changed by the committee penalties. on Bills in the Third Reading),— was read a third time. Pending the question on passing the bill to be engrossed, Ms. Walsh moved that the bill be laid on the table; and, in accordance with the provisions of Senate Rule 24, the consideration of the motion to lay on the table was postponed, without question, until the next session.

The Senate report of the committee on Criminal Justice, ought Death NOT to pass, on the petitions (accompanied by bills, Senate, Penalty- Nos. 150, 182, 183, 193 and 212) [relative to the death penalty],— was considered, the question being on acceptance of the report. Mr. Moore moved that the report be amended by substituting, in part, a "Bill reinstituting the death penalty in the Commonwealth" (Senate. No. 193). Pending this motion, on motion of Mr. Moore, the further consideration thereof was postponed until Thursday, October 16.

The Senate report of the committee on Public Safety, ought NOT Anti- to pass, on the petition (accompanied by bill, Senate, No. 1107) of measures Cheryl A. Jacques for legislation relative to anti-terrorism measures in the Commonwealth,— was considered. Pending the question on acceptance of the report, on motion of Ms. Jacques, the petition was recommitted to the committee on Public Safety.

The Senate report of the committee on Public Safety, ought NOT Police to pass, on the petition (accompanied by bill. Senate, No. 1109) of detalls- James P. Jajuga, Patricia D. Jehlen, Shirley Gomes, James D. Colt, Susan W. Pope and Patrick C. Guerriero for legislation relative to police details,— was considered, the question being on acceptance of the report. Mr. Jajuga moved that the report be amended by substituting a "Bill relative to police details" (Senate, No. 1109). After remarks, Ms. Melconian in the Chair, the motion to substitute was negatived. The report was then accepted.

The Senate report of the committee on Public Safety, ought NOT Utility to pass, on the petition (accompanied by bill, Senate, No. 1150) of John D. O'Brien for legislation relative to the use of seat belts by employees of gas or electric companies,— was considered; and it was accepted. Crime The Senate report of the committee on Public Safety, ought NOT laboratories. t0 pasS; on the petition (accompanied by bill, Senate, No. 1171) of William R. Keating, Michael W. Morrissey and Paul E. Caron for legislation to create a state-wide system of crime laboratories,— was considered, the question being on accepting it. Messrs. Jajuga and Keating and Ms. Jacques moved that the report be amended by substituting a bill entitled: "An Act relative to the enhancement of forensic technology" (Senate, No. 1949). The amendment was adopted. The substituted bill was read. There being no objection, on motion of Mr. Jajuga, the rules were suspended, and the bill was read a second time. After debate, the President in the Chair, the bill was ordered to a third reading. The bill was then read a third time. After further remarks, the question on passing the bill to be engrossed was determined by a call of the yeas and nays, at sixteen minutes before three o'clock P.M., on motion of Ms. Jacques, as follows, to wit (yeas 38 — nays 0):

YEAS.

Amorello, Matthew J. Montigny, Mark C. Antonioni, Robert A. Moore, Richard T Bernstein, Robert A. Morrissey, Michael W. Berry, Frederick E. Murray, Therese Brewer, Stephen M. Norton, Thomas C. Clancy, Edward J., Jr. Nuciforo, Andrea F., Jr. Creedon, Robert S.. Jr. O'Brien, John D. Durand, Robert A. Pacheco, Marc R. Fargo, Susan C. Panagiotakos, Steven C. Havem. Robert A. Pines, Lois G. Hedlund, Robert L. Rauschenbach. Henri S. Jacques, Cheryl A. Rosenberg, Stanley C. Jajuga, James P. Tarr, Bruce E. Keating, William R. Tisei, Richard R Knapik, Michael R. Tolman, Warren E. Lees, Brian P. Travaglini, Robert E. Lynch, Stephen F. Walsh, Marian Magnani, David P. White, W. Paul Melconian, Linda J. Wilkerson, Dianne — 38.

NAYS — 0.

ABSENT OR NOT VOTING.

Shannon, Charles E. — I.

The yeas and nays having been completed at eight minutes before three o'clock P.M., the bill (Senate, No. 1949) was passed to be engrossed. Sent to the House for concurrence.

Good Shepherd The Senate report of the committee on State Administration, Association,— ought NOT to pass, on the petition (accompanied by bill, Senate, lease. Nq j399) of Brian p Lees for legislation to authorize the Commissioner of the Division of Capital Planning and Operations to enter into a lease agreement with the Good Shepherd Association,— was considered, the question being on accepting it. On motion of Mr. Lees, the further consideration thereof was postponed until Thursday, October 2.

Order Adopted. Messrs. Norton and Lees offered an order and, under the rule, it Committee on Ethics,— was referred to the committee on Rules. investigate Subsequently, Mr. Norton, for the said committee on Rules, Senator reported, recommending that the order ought to be adopted. The Wilkerson. order was considered forthwith and adopted, to wit: "Whereas, On September 23, 1997, the Honorable Dianne Wilkerson, the Senator from the Second Suffolk District, pled guilty in the United States District Court to four counts of willfully failing to file federal income tax returns at the times required, in violation of 26 U.S.C. § 7203; and Whereas, Sentencing has been scheduled by the court but has not yet occurred, and the Senate wishes to take no action that would in any manner prejudice or interfere with the administration of justice in the federal court; and Whereas, Senate Rule 12A provides for referring questions of conduct of members to the Committee on Ethics by order of the Senate; therefore, be it Ordered, That the question of the conduct of the Senator from the Second Suffolk District in this matter be referred to the Committee on Ethics for its consideration. Except as provided in Rule 12A, all proceedings of the Committee shall be confidential. The Committee shall make no report until after sentencing occurs."

Reports of Committees. By Mr. White, for the committee on Ways and Means, that the Banks,— insurance Senate Bill relative to the establishment of consumer protection pro- sales. visions relative to the sale of insurance by banks (Senate, No. 1810), ought to pass, with an amendment, substituting a new draft entitled: "An Act providing consumer protection relative to the sale of insurance by banks" (Senate, No. 1948). There being no objection, the rules were suspended, on motion of Mr. White, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means. After debate, the bill (Senate, No. 1948) was then ordered to a third reading.

Mr. Berry, for the committee on Steering and Policy, reported that the following matter be placed in the Orders of the Day for the next session: The House Bill requiring divestment of tobacco stocks, securities Pension funds,— or other obligations from public pension funds (House, No. 3905, divestment. amended). There being no objection, the rules were suspended, on motion of Mr. Rosenberg, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Colleges and By Mr. Rosenberg, for the committee on Ways and Means, that collective68'- Senate authorizing collective purchasing by colleges and purchasing. universities (Senate, No. 1433, changed), ought to pass. There being no objection, the rules were suspended, on motion of Mr. Rosenberg, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed. Sent to the House for concurrence.

Alcohol By Mr. Rosenberg, for the committee on Ways and Means, that and drug the Senate Bill providing for the licensing of alcohol and drug coun- counselors,— licensing. selors (Senate, No. 1787), ought to pass, with an amendment, by striking out the word "no", in line 119, in subsection (b) of section V and inserting in place thereof the word "not". There being no objection, the rules were suspended, on motion of Mr. Rosenberg, and the bill was read a second time, and was amended, as recommended by the committee on Ways and Means. The bill, as amended, was ordered to a third reading, read a third time and passed to be engrossed. Sent to the House for concurrence.

PAPERS FROM THE HOUSE. Engrossed Bills. The following engrossed bills (the first of which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, were severally passed to be enacted and were signed by the President and laid before the Acting Governor for his approbation, to wit: Bills laid Providing for recall elections in the town of Belchertown (see before Senate, No. 1858); Acting Governor. Providing for the payment by the city of Worcester of medical expenses of police officer Peter Kneeland (see House, No. 4348); Relative to the eligibility of Edward Gourdeau to serve as con- stable for the city of Newton (see House, No. 4500); and Relative to the town of Winthrop scholarship fund (see House, No. 4841). Petitions were referred, in concurrence, as follows: Statutes,- Petition (accompanied by bill, House, No. 4962) of Mary S. wording. Rogeness for legislation to further regulate the construction and wording of statutes; Under suspension of Joint Rule 12, to the committee on the Judiciary. Farmer Petition (accompanied by bill, House, No. 4963) of Shaun P. license plates. Kelly, Stephen M. Brewer and David H. Tuttle relative to the use of farmer license plates in the Commonwealth; Under suspension of Joint Rule 12, to the committee on Public Safety. Petition (accompanied by bill. House, No. 4964) of Carol C. Chelmsford,— Cleven relative to authorizing the University of Massachusetts- UMass Lowell land. Lowell to convey a certain parcel of land to the town of Chelmsford; Under suspension of Joint Rule 12, to the committee on State Administration.

Reports of Committees.

By Mr. Norton, for the committees on Rules of the two branches, Parole acting concurrently, that Joint Rule 12 be suspended on the Senate Board,— victim petition of Richard T. Moore. Matthew J. Amorello, Marie J. access. Parente, Marian Walsh and John H. Rogers for legislation to improve victim access to Parole Board hearings. Senate Rule 36 was suspended, on motion of Ms. Melconian, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill, Senate, No. 1952) was referred to the committee on the Judiciary.

By Mr. Norton, for the committees on Rules of the two branches, Court acting concurrently, that Joint Rule 12 be suspended on the Senate session transcriptions. petition of Marylou Sutter for legislation relative to the transcription of sessions of the juvenile and probate courts of the Commonwealth. Senate Rule 36 was suspended, on motion of Ms. Melconian, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on the Judiciary.

By Mr. Norton, for the committees on Rules of the two branches, Boston acting concurrently, that Joint Rules 12 and 9 be suspended on the Harbor line exemption. Senate petition of Robert E. Travaglini for legislation to allow certain structures to be exempted from certain harbor lines along the Atlantic Avenue waterfront of Boston Harbor in the city of Boston. Senate Rule 36 was suspended, on motion of Ms. Melconian, and the report was considered forthwith. Joint Rules 12 and 9 were suspended; and the petition (accompanied by bill, Senate, No. 1991) was referred to the committee on Natural Resources and Agriculture. Severally sent to the House for concurrence.

Resolutions. Resolutions (filed by Mr. Amorello) "congratulating Richard Richard Carney on the occasion of his retirement as town manager of the Carney. town of Shrewsbury", were referred, under the rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Ms. Melconian, and adopted.

Resolutions (filed by Mr. A.ntonioni) "commending Ellen E. Daly Ellen E. for her distinguished service as a trustee of Mount Wachusetts Day. Community College", were referred, under the rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Ms. Melconian, and adopted.

Fire Chief Resolutions (filed by Messrs. Havern and Shannon) "congratu- Robert E. lating Fire Chief Robert E. Doherty of the Woburn Fire Department Doherty, Woburn. on the occasion of his retirement", were referred, under the rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Ms. Melconian, and adopted.

Old Colony Resolutions (filed by Mr. Hedlund) "honoring the opening of the Railroad. new Old Colony Railroad", were referred, under the rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Ms. Melconian, and adopted.

John F. Resolutions (filed by Mr. Hedlund) "congratulating John F. Garrigan. Garrigan on the occasion of his retirement after 41 years of service as teacher, coach and friend to the Hingham public schools", were referred, under the rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Ms. Melconian, and adopted.

Norfolk Resolutions (filed by Messrs. Keating and Hedlund, Ms. Jacques, County Bar Messrs. Magnani, Moore and Morrissey, Ms. Pines, Ms. Walsh and Association. Mr. White) "congratulating the Norfolk County Bar Association on its two hundredth anniversary", were referred, under the rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Ms. Melconian, and adopted.

Don and Resolutions (filed by Mr. Montigny) "congratulating Don and Jessie Bernier. Jessie Bernier on the occasion of their fiftieth wedding anniversary", were referred, under the rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Ms. Melconian, and adopted. Resolutions (filed by Mr. Montigny) "congratulating the city of New Bedford,— New Bedford on the occasion of its sesquicentennial celebration", 150th anniversary. were referred, under the rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Ms. Melconian, and adopted.

Resolutions (filed by Mr. Morrissey) "celebrating the seventy- Torre dei fifth anniversary of the Torre dei Passeri Mutual Benefit Society in Passeri Mutual Benefit Society. the city of Quincy", were referred, under the rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Ms. Melconian, and adopted.

Resolutions (filed by Ms. Pines) "for Doctor Mitchell T. Rabkin Doctor on the occasion of a medical symposium and gala dinner in his Mitchell T. Rabkin. honor and the receipt of the Distinguished Medical Service Award by the American Physicians Fellowship for Medicine in Israel", were referred, under the rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Ms. Melconian, and adopted.

Resolutions (filed by Mr. Shannon) "upon the occasion of the Anthony V. retirement of Anthony V. Fedele", were referred, under the rule, to Fedele. 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.

PAPERS FROM THE HOUSE. Engrossed Bills — Land Takings for Conservation, Etc.

An engrossed Bill authorizing the town of Foxborough to convey Foxborough,- certain conservation land (see House, No. 4507, amended) (which convey land. 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 twenty-two minutes past three o'clock P.M., as follows, to wit (yeas 38 — nays 0): Foxborough,— YEAS. convey land. Amorello, Matthew J. Montigny, Mark C. Antonioni, Robert A. Moore, Richard T. Bernstein, Robert A. Morrissey, Michael W. Berry, Frederick E. Murray, Therese Brewer, Stephen M. Norton, Thomas C. Clancy, Edward J., Jr. Nuciforo, Andrea F., Jr. Creedon, Robert S., Jr. O'Brien, John D. Durand, Robert A. Pacheco, Marc R. Fargo, Susan C. Panagiotakos, Steven C. Havern, Robert A. Pines, Lois G. Hedlund, Robert L. Rauschenbach. Henri S. Jacques, Cheryl A. Rosenberg, Stanley C. Jajuga, James P. Tarr, Bruce E. Keating, William R. Tisei, Richard R. Knapik, Michael R. Tolman, Warren E. Lees, Brian P. Travaglini, Robert E. Lynch, Stephen F. Walsh, Marian Magnani, David P. White, W. Paul Melconian, Linda J. Wilkerson, Dianne — 38.

NAYS — 0.

ABSENT OR NOT VOTING.

Shannon, Charles E. — 1.

The yeas and nays having been completed at twenty-six minutes past 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 Acting Governor for his approbation.

Hoiyoke An engrossed Bill relative to the leasing of a field house and Community aquatics center at Hoiyoke Community College (see Senate, leasef6' No- 1747' amended) (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- seven minutes past three o'clock P.M., as follows, to wit (yeas 38 — nays 0):

YEAS.

Amorello, Matthew J. Creedon, Robert S.. Jr. Antonioni, Robert A. Durand, Robert A. Bernstein, Robert A. Fargo, Susan C. Berry. Frederick E. Havern, Robert A. Brewer, Stephen M. Hedlund. Robert L. Clancy, Edward J., Jr. Jacques, Cheryl A. Jajuga, James P. O'Brien, John D. Keating. William R. Pacheco, Marc R. Knapik. Michael R Panagiotakos, Steven C. Lees. Brian P. Pines, Lois G. Lynch, Stephen F. Rauschenbach, Henri S. Magnani, David P. Rosenberg, Stanley C. Melconian, Linda J. Tarr, Bruce E. Montigny, Mark C. Tisei, Richard R Moore, Richard T. Tolman, Warren E. Morrissey. Michael W. Travaglini. Robert E. Murray, Therese Walsh, Marian Norton. Thomas C. White, W. Paul Nuciforo, Andrea F., Jr. Wilkerson, Dianne — 38.

NAYS —0.

ABSENT OR NOT VOTING.

Shannon, Charles E — 1.

The yeas and nays having been completed at half past 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 Acting Governor for his approbation.

An engrossed Bill providing for the construction of improve- Watertown,— ments to the John A. Ryan Ice Skating Arena in the town of skating Watertown (see Senate, No. 1705, amended) (which originated in arena' 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-nine minutes before four o'clock P.M., as follows, to wit (yeas 38 — nays 0):

YEAS.

Amorello, Matthew J. Knapik. Michael R. Antonioni, Robert A Lees, Brian P. Bernstein, Robert A. Lynch, Stephen F. Berry, Frederick E. Magnani. David P. Brewer, Stephen M. Melconian, Linda J. Clancy, Edward J., Jr. Montigny. Mark C. Creedon, Robert S., Jr. Moore, Richard T. Durand, Robert A. Morrissey, Michael W. Fargo, Susan C. Murray, Therese Hävern, Robert A. Norton, Thomas C. Hedlund, Robert L. Nuciforo, Andrea F., Jr. Jacques, Cheryl A. O'Brien, John D. Jajuga, James P. Pacheco, Marc R. Keating, William R. Panagiotakos, Steven C. Watertown,— Pines, Lois G. Tolman, Warren E. skating Rauschenbach, Henri S. Travaglini, Robert E. arena. Rosenberg, Stanley C. Walsh, Marian Tarr, Bruce E. White, W. Paul Tisei, Richard R. Wilkerson, Dianne — 38.

NAYS —0.

ABSENT OR NOT VOTING.

Shannon, Charles E. — 1.

The yeas and nays having been completed at twenty-six 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 Acting Governor for his approbation.

Plymouth,— An engrossed Bill relative to the development of Forges Field in Field63 the town P1ymouth (see House, No. 4201, amended) (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 twenty-five minutes before four o'clock P.M., as follows, to wit (yeas 38 — nays 0):

YEAS.

Amorello, Matthew J. Montigny, Mark C. Antonioni, Robert A. Moore, Richard T. Bernstein, Robert A. Morrissey, Michael W. Berry, Frederick E. Murray, Therese Brewer, Stephen M. Norton, Thomas C. Clancy, Edward J., Jr. Nuciforo, Andrea F., Jr. Creedon, Robert S., Jr. O'Brien, John D. Durand, Robert A. Pacheco, Marc R. Fargo, Susan C. Panagiotakos, Steven C. Havern, Robert A. Pines, Lois G. Hedlund, Robert L. Rauschenbach, Henri S. Jacques, Cheryl A. Rosenberg, Stanley C. Jajuga, James P. Tarr, Bruce E. Keating, William R. Tisei, Richard R. Knapik, Michael R. Tolman, Warren E. Lees, Brian P. Travaglini. Robert E. Lynch, Stephen F. Walsh, Marian Magnani, David P. White, W. Paul Melconian, Linda J. Wilkerson, Dianne — 38

NAYS — 0. ABSENT OR NOT VOTING.

Shannon, Charles E. — 1.

The yeas and nays having been completed at twenty-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 Acting Governor for his approbation.

An engrossed Bill authorizing the park commission of the town of Hoiiiston,— Holliston to lease a certain parcel of park land (see House, No. 4541, Park land- amended) (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 twenty-one minutes before four o'clock P.M., as follows, to wit (yeas 38 — nays 0);

YEAS.

Amorello, Matthew J. Montigny, Mark C. Antonioni, Robert A. Moore, Richard T. Bernstein, Robert A. Morrissey, Michael W. Berry, Frederick E. Murray, Therese Brewer, Stephen M. Norton, Thomas C. Clancy, Edward J., Jr. Nuciforo, Andrea F., Jr. Creedon, Robert S., Jr. O'Brien, John D. Durand. Robert A. Pacheco, Marc R. Fargo, Susan C. Panagiotakos, Steven C. Hävern, Robert A. Pines, Lois G. Hedlund, Robert L. Rauschenbach, Henri S. Jacques, Cheryl A. Rosenberg, Stanley C. Jajuga, James P. Tarr, Bruce E. Keating, William R. Tisei, Richard R. Knapik, Michael R. Tolman, Warren E. Lees, Brian P. Travaglini, Robert E. Lynch, Stephen F. Walsh, Marian Magnani, David P. White, W Paul Melconian, Linda J. Wilkerson, Dianne — 38

NAYS — 0.

ABSENT OR NOT VOTING.

Shannon, Charles E. — 1.

The yeas and nays having been completed at eighteen 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 Acting Governor for his approbation. Order Adopted. On motion of Mr. Norton,— 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.

Adjournment in Memory of Assistant Attorney General Paul McLaughlin. Ms. Walsh presented an order that when the Senate adjourns today, it adjourn in memory of Assistant Attorney General Paul McLaughlin, on the second anniversary of his death. The order was adopted. Accordingly, as a mark of respect to the memory of Paul McLaughlin, on motion of Mr. Amorello, at seventeen minutes before four o'clock P.M., the Senate adjourned to meet on the following Monday at eleven o'clock A.M. Monday, September 29, 1997. Met at nine minutes past eleven o'clock A.M.

Petition. Mr. Lynch presented a petition (subject to Joint Rules 12 and 9) Peninsula of Stephen F. Lynch for legislation relative to the Peninsula Yacht Club,— and the same was transmitted, under the provisions of Section 5 of Chapter 3 of the General Laws, to the Secretary of State.

Report of a Committee. By Mr. Pacheco, for the committee on State Administration, on Weiiesley,— petition (accompanied by bill. Senate, No. 1383), a Bill authorizing state land the commissioner of the Division of Capital Planning and Operations conveyancc to convey certain land in the town of Weiiesley (Senate, No. 1950); Read and, under Senate Rule 27, referred to the committee on Ways and Means.

PAPERS FROM THE HOUSE. Bills Further regulating applications for health insurance (House, Health No. 3832, amended,— on petition); and insurance. Relative to columbariums (House, No. 4764,— on petition); Columbariums,— Were severally read and, under Senate Rule 26, referred to the regulate. committee on Steering and Policy.

Bills Authorizing the certification for appointment of Michael M. Mullen North Attle- borough,— as a firefighter (House, No. 4771,— on petition) [Local approval Michael M. received]; and Mullen. Relative to the geriatric authority of the town of Milford (House, Milford,— No. 4866,— on petition) [Local approval received]; geriatric Were severally read and, under Senate Rule 26, placed in the authority. Orders of the Day for the next session.

Petitions were referred, in concurrence, as follows: Petition (accompanied by bill. House, No. 4960) of Maura M. Weiiesley,— O'Brien, John A. Locke, Cheryl A. Jacques, Lois G. Pines and others special (by vote of the town) relative to the appointment of special police p° 'ce officers in the town of Weiiesley; and Petition (accompanied by bill, House, No. 4961) of Maura M. Weiiesley,— O'Brien, John A. Locke, Cheryl A. Jacques, Lois G. Pines and others j*ol]crt (by vote of the town) relative to the disability retirement allowance a y paid to Robert Lally, a former police officer in the town of Weiiesley; Severally to the committee on Public Service. Resolutions. His Holiness Resolutions (filed by Messrs. Amorello and Bernstein) "welcoming Catholicos Aram I. His Holiness Catholicos Aram I to the city of Worcester on Octo- ber 23, 1997", were referred, under the rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Mr. Panagiotakos, and adopted.

Senator Resolutions (filed by Mr. Birmingham) "on the retirement of the W. Paul White. Honorable W. Paul White from the Massachusetts Senate", were referred, under the rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Mr. Panagiotakos, and adopted.

Communications. Senator There being no objection, the Clerk read the following Charles E. communication: Shannon. COMMONWEALTH OF MASSACHUSETTS MASSACHUSETTS SENATE STATE HOUSE, BOSTON 02133

September 24, 1997. Mr. Edward B. O'Neill Clerk of the Senate State House, Room 335 Boston, MA 02133

Dear Mr. O'Neill: Due to the fact that I had to leave the Chamber for district business on September 17, 1997 when the following matters were voted upon by the Senate: H. 148 — Legislation relative to ban assault weapons. H. 2236 — Legislation relative to unemployment insurance. H. 4436— Legislation relative to the collective bargaining of Massachusetts Bay Transportation Authority employees. H. 4937 — Legislation relative to repealing certain exemptions from the area code realignment for eastern Massachusetts. Had I been present I would have voted in the affirmative on H. 148, H. 2236 and H. 4436 and in opposition to H. 4937. Sincerely, CHARLES E. SHANNON, State Senator.

Ordered On motion of Mr. Bernstein, the above statement was ordered printed. printed in the Journal of the Senate. There being no objection, the Clerk read the following communi Senator Robert E. cation: Travaglini. COMMONWEALTH OF MASSACHUSETTS MASSACHUSETTS SENATE STATE HOUSE, BOSTON 02133

September 25, 1997. Mr. Edward B. O'Neill Clerk of the Senate State House, Room 335 Boston, MA 02133 Dear Mr. O'Neill: Due to a scheduling conflict I was out of state on Wednesday, September 17, 1997 when the following matters were voted upon by the Senate. If I had been present I would have voted in the affirmative on: S. 1937 — An Act Further Regulating the Crime of Rape and Kidnapping by the Use of Controlled Substances (Engrossment). S. 148 •— An Act Relative to Assault Weapons (Motion to substitute for the committee report). H. 2236 — An Act Relative to Unemployment Insurance (Enact- ment). H. 4436 — An Act Relative to the Collective Bargaining of Massachusetts Bay Transportation Authority Employees (Engross- ment). I would have voted in the negative on the following: S. 811 — An Act Granting Discretion to the Superior Court to Allocate Certain Settlement Proceeds (Question on laying the matter on the table). S. 1834 — An Act Relative to the Punishment for Second Degree Murder (Question on adoption of the amendment to implement the death penalty for individuals convicted of murdering a police officer or state or federal law enforcement officer). S. 148 — An Act Relative to Assault Weapons (Motion to lay the matter on the table). H. 4937 — An Act Relative to Repealing Certain Exemptions from the Area Code Realignment for Eastern Massachusetts (Motion to lay the matter on the able). Thank you for the opportunity to record how I would have voted on the above matters and I ask that this letter be printed in the Senate Journal. Sincerely, ROBERT E. TRAVAGLINI, State Senator.

On motion of Mr. Rosenberg, the above statement was ordered Order printed in the Journal of the Senate. printed 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: Andover,— The Senate Bill designating a change of use in land in the town land use change. of Andover (Senate, No. 1900),— was read a third time and passed to be engrossed. Sent to the House for concurrence.

Lawrence,- The House Bill designating a certain bridge in the city of Lawrence Torrisi Memorial as the Joseph A. Torrisi Memorial Bridge (House, No. 2810),— was Bridge. read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

PAPERS FROM THE HOUSE.

Colrain,— A Bill establishing a sewer district in the town of Colrain (House, sewer No. 4886, changed,— on petition) [Local approval received],— district. was read. There being no objection, the rules were suspended, on motion of Mr. Panagiotakos, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Petitions were referred, in concurrence, as follows: Landlords,— Petition (accompanied by bill, House, No. 4966) of Ariana insurance Fulginiti relative to the penalty for insurance fraud by owners of cer- fraud. tain dwellings; Under suspension of Joint Rule 12, to the committee on Criminal Justice. Fluoridation,- Petition (accompanied by bill, House, No. 4967) of John N. water Murphy and another for legislation to further regulate the fluorida- supply. tion of public water supplies by local boards of health; Under suspension of Joint Rule 12, to the committee on Health Care. Condo- Petition (accompanied by bill, House, No. 4968) of Ariana miniums,— Fulginiti relative to condominium inspection violations; inspections. Under suspension of Joint Rule 12, to the committee on Housing and Urban Development. Heat Petition (accompanied by bill, House, No. 4969) of Ariana detectors. Fulginiti for legislation to require that smoke detectors be equipped with heat sensors; Buildings,— Petition (accompanied by bill. House, No. 4970) of Ariana safety review Fulginiti for legislation to establish a statewide building safety board. review board within the Executive Office of Public Safety; and Public Petition (accompanied by bill, House, No. 4971) of Brian employees,— Knuuttila, Robert A. Antonioni and another relative to the number reserve service. of days allowed for service in the reserves by public employees; _ Severally, under suspension of Joint Rule 12, to the committee on Public Safety. Petition. On motion of Mr. Bernstein, Senate Rule 20 and Joint Rule 12 Criminal sentencing were suspended on the petition, presented by Ms. Murray (accom- procedures. panied by bill, Senate, No. 1958) of Therese Murray, Michael G. Bellotti, Michael W. Morrissey, Francis L. Marini, Marian Walsh, Thomas J. O'Brien, William R. Keating and other members of the General Court for legislation relative to criminal sentencing procedures,— and the same was referred to the committee on Criminal Justice. Sent to the House for concurrence.

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

Recess.

At fifteen minutes past eleven o'clock A.M., the President declared Recess, a recess subject to the call of the Chair; and, at nineteen minutes before four o'clock P.M., the Senate reassembled, the President in the Chair.

On motion of Mr. Lees, at eighteen minutes before four o'clock P.M., the Senate adjourned to meet on the following day at one o'clock P.M. Tuesday, September 30, 1997. Met at a quarter past one o'clock P.M.

Communication. Comptroller,- A communication from William Kilmartin, Comptroller, submit- reporting ting notice of a change in the Commonwealth of Massachusetts change. financial reporting practices (received Wednesday, September 17, 1997),— was placed on file.

Reports. The following reports were severally read and sent to the House for its information: Reports of the Department of Public Health (under the provisions of sections 5 and 20 of Chapter 111 of the General Laws) relative to inspection of certain correctional facilities of the Commonwealth: Department Of the Eastern Massachusetts Correctional Alcohol Center in the of Public city of New Bedford (received Wednesday, September 17, 1997); Health- inspections. and Of the Bristol County Pre-Release Center in the town of Dart- mouth (received Wednesday, September 17, 1997); Of the Bristol County Jail in the city of New Bedford (received Thursday, September 18, 1997); Of the Franklin County Jail and House of Correction in the town of Greenfield (received Monday, September 22, 1997); Of the Berkshire County Jail and House of Correction in the city of Pittsfield (received Wednesday, September 24, 1997); Of M.C.I.-Concord in the town of Concord (received Wednesday, September 24, 1997); and Of the Western Youth Service Center in the city of Springfield (received Friday, September 26, 1997); and Bureau of A report of the Bureau of Special Investigations (under the provi- Special sions of Section 15D(6) of Chapter 22 of the General Laws) submit- Investigations,- August report. ting a report of its activities for the month of August, 1997.

Petition. Worcester,— Mr. Bernstein presented a petition (subject to Joint Rule 12) of traffic Raymond V. Mariano, mayor; Thomas R. Hoover, city manager; ordinances Robert A. Bernstein and Matthew J. Amorello (with the approval of the city council) for legislation to authorize the city of Worcester to enact certain traffic and parking ordinances [Local approval received],— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently. Committee Discharged. Ms. Fargo, for the committee on Local Affairs, reported, asking Cities, towns,— to be discharged from further consideration of the petition (accom- ^ista^re'06 panied by bill. Senate, No. 979) of Richard T. Moore, James P. assls ance' Jajuga. Bruce E. Tarr, Dianne Wilkerson, Mary Jeanette Murray and other members of the General Court for legislation relative to assisting cities and towns for the improvement of youth services,— and recommending that the same be referred to the Senate committee on Ways and Means. Under Senate Rule 36, the report was considered forthwith and accepted. Sent to the House for concurrence in the discharge of the joint committee.

Reports of a Committee.

By Mr. Havern, for the committee on Transportation, on petition, Northbridge,— a Bill designating a certain bridge in the town of Northbridge as the "Ross" Rajotte bridge. Rosaire J. "Ross" Rajotte bridge (Senate, No. 1943); and By the same Senator, for the same committee, on petition, a Bill Northbridge,— designating a certain bridge in the town of Northbridge as the bridge Charles Ampagoomian, Sr. bridge (Senate, No. 1944); designation. Severally read and, under Senate Rule 26, referred to the committee on Steering and Policy.

PAPERS FROM THE HOUSE. A Bill relative to a sewer easement held by the Massachusetts Quincy,— Water Resources Authority in the city of Quincy (House, No. 4554,— sewer easement on petition),— was read and, under Senate Rule 26, referred to the committee on Steering and Policy. A message from His Honor the Lieutenant-Governor, Acting child Governor, recommending legislation relative to improving the support Massachusetts child support enforcement program (House, enforcement- No. 4955),— was referred, in concurrence, as follows: So much as relates to sections 200 to 204, inclusive,— to the committee on Commerce and Labor; So much as relates to sections 15 to 23, inclusive,— to the committee on Government Regulations; So much as relates to section 62,— to the committee on Health Care; So much as relates to sections 63 to 196, inclusive,— to the committee on Human Services and Elderly Affairs; So much as relates to sections 205 to 208, inclusive,— to the committee on Insurance; So much as relates to section 1 and sections 209 to 325, inclusive,— to the committee on the Judiciary; So much as relates to sections 2, 3, 61, 197, 198 and 199,— to the committee on Public Safety; Child So much as relates to sections 5 to 14, inclusive,— to the com- support enforcement. mittee on Public Service; So much as relates to section 4,— to the committee on State Administration; and So much as relates to sections 24 to 60, inclusive,— to the committee on Taxation.

Plymouth,- A message from His Honor the Lieutenant-Governor, Acting validate Governor (under the provisions of Section 8 of Article LXXXIX of election. the Amendments to the Constitution), recommending legislation relative to validating a certain election held in the town of Plymouth (House, No. 4973),— was referred, in concurrence, to the committee on Election Laws.

Injured Report of the Public Employee Retirement Administration employees and Commission (under Section 14 of Chapter 427 of the Acts of 1996 and workplace safety. amended by Section 9 of Chapter 17 of the Acts of 1997) relative to the early intervention program for injured public employees and educational programs for safety in the workplace (House, No. 4965),— was referred, in concurrence, to the committee on Public Service.

Campgrounds,- A report of the committee on Public Safety, asking to be discharged certified from further consideration of the recommitted petition (accompanied lifeguards. by bill, Senate, No. 1183) of William R. Keating, John H. Rogers and William C. Galvin for legislation to require the operator of a recreational campground to provide certified lifeguards at any pool over the depth of three feet within the aforementioned campground, and recommending that the same be referred to the Senate committee on Ways and Means,— was considered forthwith, under Senate Rule 36, and accepted, in concurrence.

Engrossed Bills. The following engrossed bills (the first of which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, were severally passed to be enacted and were signed by the President and laid before the Acting Governor for his approbation, to wit: Bills laid Authorizing the city of Melrose to place a certain binding ques- before tion on the ballot to be used in the city of Melrose at the municipal Acting Governor. election (see Senate, No. 1913); and Providing for apportionment of road improvement betterment assessments and to establish a betterment fund for the town of Dennis (see House, No. 4473).

Forensic A Bill relative to the enhancement of forensic technology in the technology,— Commonwealth (printed in House, No. 4646, changed and enhancement. amended,— being a message from His Excellency the Governor),— was read. There being no objection, the rules were suspended, on motion of Mr. Jajuga, and the bill was read a second time, ordered to a third reading, read a third time and, after remarks, 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 relative to the enhancement of forensic technology."

Orders of the Day. The Orders of the Day were considered, as follows: Bills Allowing for the increase of retirement allowances of certain Second Massport employees (Senate, No. 1344); jading Authorizing the town of Arlington to establish a post employment Health Insurance Trust Fund (Senate, No. 1861); Relative to child support (Senate, No. 1935); Relative to town accountants (House, No. 4385); and Authorizing the lease of certain property by a selectman in the town of Framingham (House, No. 4645); Were severally read a second time and ordered to a third reading.

The Senate Bill relative to assault weapons (Senate, No. 148),— Assault was read a second time. weapons. Pending the question on ordering the bill to a third reading, Mr. Keating moved that the bill be amended by adding at the end thereof the following sections: "SECTION . Section 1 of Chapter 212 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking in line 3 the word "seventy-six" and inserting in place thereof the word "seventy-eight". SECTION . Chapter 212 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by inserting the following:— Section 14E. Notwithstanding the provisions of section 14A of this chapter, the chief justice for the superior court department, in consul- tation with the chief justice for administration and management, shall establish within the superior court special sessions for the class of cases defined in this section and shall assign justices of the superior court to such sessions. There shall be a session in each county. These sessions shall have concurrent original jurisdiction with any other session of the superior court for the hearing, trial, and disposition of criminal actions brought pursuant to: sections 121 through 131C inclusive, 131E, 131Hrand 1311, of Chapter 140; sections 10, 10A, 10E, 1 IB, 11C, of Chapter 269; section 18B of chapter 265; and all other offenses involving the use, possession or presence of a rifle, shotgun or firearm as defined in section 121 of chapter 140. All trials in this special session of the superior court shall be scheduled for trial within thirty days of the completion of discovery. The Assault district attorney or the attorney general may transfer an action to the weapons. special session by serving notice no later than the first preconference after the defendant's arraignment in superior court. Otherwise, the special session shall not have jurisdiction over the action, unless the defendant consents to such jurisdiction or good cause is shown why notice was not served at the first pretrial conference. Any criminal action brought pursuant to any law of the Commonwealth which is properly joined under Rule 9 of the Massachusetts rules of criminal procedure with a criminal action of which the special session has original jurisdiction may, at the election of the district attorney or the attorney genera! be transferred to such special session as well. Any defendant may, at the election of the district attorney or the attorney general, be prosecuted in such special session for any criminal offense under the laws of the Commonwealth so long as properly joined under Rule 9 of the Massachusetts rules of criminal procedure with a defendant charged with an offense of which the special session has original jurisdiction. Once the thirty days have elapsed after transfer of an action to the special session, the special session shall retain jurisdiction regardless of the disposition of the charges, which gave rise to the jurisdiction of the special session, and regardless of the disposition of the charges against any other defendant. No continuances or post- ponements shall be granted except for good cause shown, and any such continuances or postponement shall be for the shortest practi- cable time. Under no circumstances shall a defendant be permitted to use this section as a basis for dismissal of an action. SECTION . The chief justice for the superior court department shall make a biannual report to the Governor, the chairs of the General Court's joint committee on the judiciary, and the chief justice for administration and management, of the number of criminal actions transferred to each of the special sessions established by section — above, the number of criminal actions resolved by trial and the number resolved by guilty plea or dismissal, and the number of criminal actions pending. With respect to pending actions, said report shall also state the number of elapsed days since transfer of the action to the special session, and whether trial has commenced; with respect to guilty pleas, said report shall state the number of elapsed days between transfer and the entry of the guilty plea; with respect to dismissals, said report shall state the number of days between transfer and dismissal; and with respect to completed trials, said report shall state the number of elapsed days between transfer and the commencement of the trial.". Pending the main question on ordering the bill to a third reading, at the request of Messrs. Durand and Lees, the bill was laid over until the next session, under the provisions of Senate Rule 31, with the amendment pending.

Sale of The Senate Bill providing consumer protection relative to the sale insurance by banks,— of insurance by banks (Senate, No. 1948),— was read a third time. protect After remarks, the question on passing the bill to be engrossed consumers. was determined by a call of the yeas and nays, at half past one o'clock P.M., on motion of Mr. Bernstein, as follows, to wit (yeas 36 — nays 0): YEAS.

Amorello, Matthew J. Melconian, Linda J. Antonioni, Robert A. Moore, Richard T. Bernstein, Robert A. Morrissey. Michael W. Berry, Frederick E. Murray, Therese Brewer, Stephen M. Nuciforo, Andrea F , Jr. Clancy. Edward J., Jr O'Brien, John D. Creedon, Robert S., Jr. Pacheco, Marc R Durand, Robert A. Panagiotakos, Steven C. Fargo, Susan C. Pines, Lois G. Havern, Robert A. Rauschenbach, Henri S. Hedlund, Robert L. Rosenberg, Stanley C. Jacques, Cheryl A. Shannon, Charles E. Jajuga, James P. Tarr, Bruce E. Keating, William R. Tisei, Richard R. Knapik. Michael R. Tolman, Warren E. Lees, Brian P. Walsh, Marian Lynch, Stephen F. White, W Paul Magnani, David P Wilkerson, Dianne — 36

NAYS — 0.

ANSWERED "PRESENT".

Norton, Thomas C. Travaglini. Robert E. — 2.

ABSENT OR NOT VOTING.

Montigny, Mark C. — 1.

The yeas and nays having been completed at twenty-three minutes before two o'clock P.M., the bill was passed to be engrossed. Sent to the House for concurrence.

The Senate Bill relative to the punishment for murder (Senate, Punishment No. 1834),— was considered, the main question being on passing the formurder- bill to be engrossed. The motion, previously moved by Ms. Walsh, that the matter be laid on the table, was considered; and it was negatived. Mr. Antonioni moved that the bill be amended in section 7 by inserting after the second paragraph of the proposed section 68 of chapter 279 of the General Laws the following paragraph:— "No mentally retarded person shall be subject to the death penalty. For purposes of this section, a person is mentally retarded who has significantly subaverage general intellectual functioning resulting in or associated with impairments in adaptive behavior which manifested during the developmental period. Mental retardation shall be determined according to the following procedure: (1) The commonwealth shall bear the burden of proving beyond a reasonable doubt that the defendant is not mentally retarded. (2) At the conclusion of the guilt phase, the court shall determine if the commonwealth has met its burden with respect to mental retardation as a matter of law. Punishment (3) If the court concludes that the commonwealth has not met its for murder. burden with respect to retardation, the court shall record its finding of 'guilty but mentally retarded.', terminate the proceeding and impose a sentence of life imprisonment in accordance with section 2 of chapter 265. (4) If the court finds that the commonwealth has met its burden, the issue shall be put to the jury at the presentence hearing. In addition to all other appropriate and necessary verdict forms, at the conclusion of the presentence hearing the court shall inform the jury that it may return a verdict of 'guilty but mentally retarded.' Unless the jury unanimously agrees that the defendant is not mentally retarded, the court shall terminate the presentence hearing and impose a sentence of life imprisonment in accordance with section 2 of chapter 265. (5) Where mental retardation has been put into issue, the trial court shall independently review a jury's determination that the commonwealth has met its burden with respect thereto.". After remarks, pending the main question on passing the bill to be engrossed, at the request of Mr. Antonioni, the bill was laid over until the next session, under the provisions of Senate Rule 31, with the amendment pending.

Privacy The motion, previously moved by Mr. Clancy, that the Senate rights,— reconsider the vote by which, at a previous session, it had passed to be commercial exploitation. engrossed, in concurrence, the House Bill relative to the commercial exploitation of certain privacy rights (House No. 4752),— was considered. Mr. Havern moved that the matter be laid on the table; and, in accordance with the provisions of Senate Rule 24, the consideration of the motion to lay on the table was postponed, without question, until the next session.

Broadcasting The Senate Bill relative to freedom of employment in the broad- industry,— casting industry (Senate, No. 76),— was considered, the main ques- freedom of employment. tion being on ordering it to a third reading. The motion, previously moved by Mr. Lees, to lay the matter on the table, was considered; and it was negatived. Messrs. Lynch and O'Brien moved to amend the bill in section 1, in line 14 after the word "costs" by inserting the following: "associated with litigation". Pending the main question on ordering the bill to a third reading, at the request of Messrs. Lees and Rauschenbach, the bill was laid over until the next session, under the provisions of Senate Rule 31, with the amendment pending. Bill Recalled from the Acting Governor Laid Before the Senate. Belchertown,- On motion of Mr. Rauschenbach, it was voted that a messenger be recall appointed to wait upon His Honor the Lieutenant-Governor, Acting elections. Governor, requesting the return to the Senate of the engrossed Bill providing for recall elections in the town of Belchertown (see Senate, No. 1858). Mr. Rauschenbach was appointed the messenger. Subsequently, the bill was returned and was laid before the Senate. There being no objection, on motion of Mr. Rauschenbach. the Senate reconsidered the vote by which, at a previous session, it had passed the bill to be enacted. On motion of the same Senator, Senate Rule 49 was suspended. On motion of Mr. Brewer, the engrossed bill was amended in section 2, by inserting after the second sentence the following sentence:— "Said blanks shall be issued by the town clerk with his signature and official seal attached thereto; and shall be dated and addressed to the selectmen." Sent to the House for concurrence in the amendment.

Report of a Committee.

By Mr. Morrissey, for the committee on Government Regulations, Alcoholic on petition, a Bill authorizing the simultaneous holding of certain alcoholic beverage licenses (Senate, No. 1939). There being no objection, the rules were suspended, on motion of Mr. Havern, and the bill was read a second time and, was amended, on further motion of Mr. Havern, 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 authorize forthwith the simultaneous holding of certain alcoholic beverage licenses, therefore, it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience." The bill, as amended, was ordered to a third reading, read a third time and passed to be engrossed. Sent to the House for concurrence.

PAPERS FROM THE HOUSE. Engrossed Bill — Land Taking for Consen-ation, Etc. An engrossed Bill authorizing the city of Somerville to use land Somervffle — currently used for park and playground purposes for the construction, instruction, maintenance and use of a school and educational facility (see Senate, No. 1904) (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 twelve minutes before two o'clock P.M., as follows, to wit (yeas 38 — nays 0): Somerville,— YEAS school construction. Amorello, Matthew J Moore, Richard T. Antonioni, Robert A. Morrissey, Michael W. Bernstein, Robert A. Murray, Therese Berry, Frederick E. Norton, Thomas C. Brewer, Stephen M. Nuciforo, Andrea F., Jr. Clancy, Edward J., Jr. O'Brien, John D. Creedon, Robert S., Jr. Pacheco, Marc R. Durand, Robert A. Panagiotakos, Steven C. Fargo, Susan C. Pines. Lois G. Havern, Robert A. Rauschenbach, Henri S. Hedlund, Robert L. Rosenberg, Stanley C. Jacques, Cheryl A. Shannon, Charles E. Jajuga, James P. Tarr, Bruce E. Keating, William R. Tisei, Richard R. Knapik, Michael R. Tolman, Warren E. Lees, Brian P. Travaglini. Robert E. Lynch, Stephen F. Walsh, Marian Magnani, David P. White, W. Paul Melconian, Linda J. Wilkerson, Dianne — 38.

NAYS — 0.

ABSENT OR NOT VOTING.

Montigny, Mark C. — 1.

The yeas and nays having been completed at eight 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 Acting Governor for his approbation.

Engrossed Bill — Amended. Chatham,— An engrossed Bill authorizing the town of Chatham to grant an fandervatl0n easement in certain conservation land (see House, No. 826) (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. Pending the question on passing the bill to be enacted, on motion of Mr. Rauschenbach, Senate Rule 49 was suspended. On further motion of the same Senator, the engrossed bill was amended by striking out all after the enacting clause and inserting in place thereof the following text: "SECTION 1. The town of Chatham, acting by and through its board of selectmen, is hereby authorized to grant an easement in five parcels of land located in said town, which were acquired for conservation purposes, to said town for the installation of a well, pumping station, water mains and appurtenances thereto. Said parcels are bounded and described in the order of taking recorded with the Barnstable county registry of deeds in Book 6492, Page 283; Book 2620, Page 130; Book 6492, Page 114; Book 5287. Page 320; and Book 6636, Page 307. SECTION 2. Notwithstanding the provisions of any general or special law to the contrary, the department of fisheries, wildlife and environmental law enforcement is hereby authorized to take by emi- nent domain under chapter 79 of the General Laws, for payment of $250,000, for endangered species habitat and open space protection purposes, a portion of the registered and unregistered land in the town of Dennis taken by the Dennis Water District, a body politic, for water well protection purposes described in an order of taking dated May 6, 1996 recorded in Barnstable county registry of deeds in book 10191 at page 272 and registered as document no. 665160, which portion to be taken by the department shall be shown on a plan of land to be prepared by the department. SECTION 3. This act shall take effect upon its passage."; and by striking out the title and inserting in place thereof the following title:— "An Act authorizing certain land transactions in Barnstable County." Sent to the House for concurrence in the amendments.

Resolutions. Resolutions (filed by Messrs. Amorello and Bernstein) "on the six- White Eagle Association tieth anniversary of the White Eagle Association of Worcester", were of Worcester. referred, under the rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Mr. Norton, and adopted.

Resolutions (filed by Mr. Creedon) "honoring Saint Edward the Saint Edward the Confessor Confessor Parish on the occasion of its 100th anniversary", were Parish. referred, under the rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Mr. Norton, and adopted.

Resolutions (filed by Messrs. Moore and Amorello) "honoring John P. John P. Pelczarski on his selection by the Blackstone Valley Chamber Pelczarski. of Commerce as the 1997 recipient of the prestigious 'Extra Mile' Award", were referred, under the rule, to the committee on Rules. Subsequently, Mr. Norton, for the said committee, reported, recommending that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rules, moved by Mr. Norton, and adopted.

Distinguished Guests. There being no objection, the President introduced Jose Estavam Jose Estevam Pacheco de Mello, Mayor of Vila Franca, a village within the island Pacheco de Mello, of St. Michael. Mayor de Mello was accompanied by Representative Representative Antonio Cabral and John Feitor and Nelson Costa. They were the Cabral, et al. guests of Senator Pacheco. Mayor de Mello signed the guest book and, along with the other members of the delegation, withdrew from the Chamber.

Report of a Committee. Electronic By Mr. White, for the committee on Banks and Banking, on peti- fund tion, a Bill relative to charges for electronic fund transfers (Senate, transfers,— charges. No. 18); There being no objection, the rules were suspended, on motion of Mr. White, and the bill was read a second time. On motion of Mr. Morrissey, the bill was amended by adding the following section: "SECTION 3. The commissioner of banks is hereby authorized and directed to conduct an investigation and study to determine whether the provisions of this act should apply to automatic teller machines not operated by a bank as defined in section 1 of chapter 167B of the General Laws. Said commissioner shall report the results of said investigation and study, together with his recommendation, if any, and drafts of legislation necessary to carry out such recommendations by filing the same with the clerk of the senate on or before January 1, 1998." The bill, as amended, was ordered to a third reading and read a third time. After remarks, the question on passing the bill to be engrossed was determined by a call of the yeas and nays, at fifteen minutes past two o'clock P.M., on motion of Mr. White, as follows, to wit (yeas 38 — nays 0):

YEAS.

Amorello. Matthew J. Moore, Richard T. Antonioni, Robert A Morrissey, Michael W. Bernstein, Robert A. Murray, Therese Berry, Frederick E. Norton, Thomas C. Brewer, Stephen M. Nuciforo, Andrea F., Jr. Clancy, Edward J., Jr. O'Brien, John D. Creedon, Robert S., Jr. Pacheco, Marc R. Durand, Robert A. Panagiotakos, Steven C. Fargo, Susan C. Pines, Lois G. Hävern, Robert A. Rauschenbach, Henri S. Hedlund, Robert L. Rosenberg, Stanley C. Jacques, Cheryl A. Shannon, Charles E. Jajuga, James P. Tarr, Bruce E. Keating. William R Tisei, Richard R. Knapik, Michael R. Tolman, Warren E. Lees, Brian P. Travaglini. Robert E. Lynch, Stephen F. Walsh, Marian Magnani, David P. White. W. Paul Melconian, Linda J. Wilkerson. Dianne — 38.

NAYS — 0.

ABSENT OR NOT VOTING.

Montigny, Mark C. — 1 The yeas and nays having been completed at nineteen minutes past two o'clock P.M., the bill was passed to be engrossed. Sent to the House for concurrence.

PAPER FROM THE HOUSE. Engrossed Bill.

An engrossed Bill relative to the enhancement of forensic tech- Bill laid nology (see House Bill, printed in House, No. 4646, changed and before Acting amended) (which originated in the House), having been certified by Governor. the Senate Clerk to be rightly and truly prepared for final passage, was passed to be enacted and was signed by the President and laid before the Acting Governor for his approbation.

Recess. At twenty-four minutes past two o'clock P.M., the President Recess, declared a recess; and, at twenty-two minutes past three o'clock P.M., the Senate reassembled, the President in the Chair.

Communication. The Clerk read the following communication: Senator W. Paul COMMONWEALTH OF MASSACHUSETTS White,— MASSACHUSETTS SENATE resignation. STATE HOUSE, BOSTON 02133-1053 September 30, 1997. The Honorable Thomas F. Birmingham President, Massachusetts Senate State House, Room 332 Boston, MA 02133 Dear Mr. President: I hereby respectfully inform you that I am today resigning as State Senator from the Suffolk and Norfolk Senatorial District. I take this action in order to assume tomorrow my position as Associate Vice-President for State and Community Affairs at Boston College. It has been a distinct honor to serve with you and all my colleagues in the Massachusetts Senate and House of Representatives for the past twenty-five years. I will look back fondly over the years to the many wonderful moments that have been part of my experiences in this Legislature. With every good wish for a successful and productive conclusion to the session, I remain

Sincerely yours, W. PAUL WHITE, State Senator, Suffolk and Norfolk District. The letter of resignation was placed on file. STATEMENTS OF SENATORS LEES, WALSH AND DURAND ON THE RESIGNATION OF SENATOR W. PAUL WHITE. Honorable The President recognized the Honorable Brian P. Lees, the Senate Brian P. Lees,— Minority Leader, who addressed the Senate as follows: statement Mr. President, members of the Senate, and our honored Senator on the W. Paul White. It gives me great pleasure to speak about a Senator resignation of Senator who is probably the most beloved of his peers. W. Paul We are honoring a man who began his tenure in this building White. almost 25 years ago. In fact, Paul White won his first primary on September 19th, 1972, exactly 25 years and 11 days from today. In order to put in perspective where we all were on that day, I would like to remind everyone of a few events that occurred that September of 1972. Mark Spitz won his seventh gold medal and the first episode of MASH aired. However, I suspect Paul White was watching the Waltons which also aired for the first time that month. That same September, John and Yoko Ono appeared on the Jerry Lewis Muscular Dystrophy Telethon and Bobby Fischer defeated Boris Spassky in chess. Also, 1972 was the very same year Paul cruised into the State House on his first day driving his smelly blue Plymouth Satellite, which according to reliable sources, stunk so bad because it had been underwater at one point. I believe he was listening to the number one song, "Baby Don't Get Hooked On Me" by Mac Davis. And while Paul White is modest, don't let him kid you. He was a political star from the very beginning. First of all, he beat a guy named Brian Donnelly in that first primary which included a field of 21 candidates. That quick start was followed by impressive showings year after year. While in the House, Paul White never had another primary and only once faced a general election challenge. In 1988, he ran for the Democratic nomination for Senate and won overwhelmingly. During all these years of public service, Paul White has never been seriously challenged by a political opponent. Why? Because he has never forgotten that "public" and "service" go hand-in-hand. If anyone has a problem in his District, from Dorchester, Hyde Park, Milton, Randolph or Canton, Paul White has been there offering sage advice, good humor and his years of legislative wisdom. As many of you know, he has been a leader in this building on banking issues, victim witness assistance programs, education, school lunch programs and last but not least, CPCS. He has also stood tall for many important social issues, state legislative conference issues and matters effecting the city of Boston. I know that the Senate as an institution and me personally will greatly miss Paul White. I can think of no greater honor for me than to have been able to call him my colleague and my friend since we began our Senate tenure almost ten years ago. While quoting an Englishman in Paul White's district may be a little tricky, let me try within the comfortable surroundings of this historic chamber. Shakespeare has written, "No legacy is so rich as honesty." If the old bard is correct, then Paul White will certainly have the richest legacy any Senator could ever have. Also, his daily good works, good humor, his optimism and great integrity will be missed, tomorrow, next week and for many years to come. Boston College has certainly landed a distinguished EAGLE! From the entire GOP caucus and from my heart, I wish you and your wonderful wife, Caroline, good luck and Godspeed.

The President recognized the Honorable Marian Walsh, State Honorable Marian Senator from the Norfolk and Suffolk District, who addressed the Walsh- Senate as follows: statement on the A Voice On The Senate Floor resignation of Senator A voice on the Senate Floor, a "no" uttered from the deepest con- W. Paul viction is better and greater than a "yes", merely uttered to please, or White. what is worse, to avoid trouble. (Gandhi) From that strong, confident voice that spoke a "yes" or a "no" from this Senate floor, much was revealed. A person self-possessed and even-tempered — able to be a member of a team — guarding or defending a position or a person. Yet this man is just as able a quarterback — seeing a proposal through to victory. And a person, although not pleased to do so, who can stand alone — in order to stand up. We here in Massachusetts, know more about the great city of Boston, especially Dorchester, and the people who live here, we know about the people of Milton, and Canton, and Randolph, and Avon — because we heard from their voice, here on the Senate floor. It is sometimes said that we the members truly reflect our district, not only in how we vote — but in temperament and personality. The Suffolk and Norfolk district can only be a special place. We know that this district's residents know their Senator from community meetings and neighborhood issues and, from here, as their voice on the Senate floor. It is often said, that it is difficult to be popular in the district and in what we call "the building". You see as with every work place — every community — we have our own culture, a history — an atmos- phere — and each member unwittingly gives it shape. This influence is felt in many ways - attitude, courtesy, prepara- tion for debate and so on and each member will leave an impression — the institution is formed by the presence of each member. The voice that leaves us today for new "Heights" a complete and mature human being — who has been a steady positive force since his first swearing-in. The ability to win with dignity — to lose with grace — to be passionate, but not personal, to be true to the voice 'within' is what we hear from this Senator on the Senate floor. The privilege of living in this democracy — of serving as an elected legislative leader, has been celebrated each day by the demonstrated character of this man and the quality of his work. Indeed, we have all benefited by this Senator's witness and the Senate as an institution has been exalted by his voice. Thank you for the honor of inviting me to speak — on this your last day in the Massachusetts State Senate. Honorable The President recognized the Honorable Robert A. Durand, State Robert A. Durand,— Senator from the Middlesex and Worcester District, who addressed statement the Senate as follows: on the "Today our good friend Paul White leaves the State House for the resignation of Senator last time. I consider it the highest honor to stand before all of you to W. Paul pay tribute to a man who has shone a light of integrity, style and White. grace upon both the House and the Senate. It is, however, with great sadness that I say goodbye to someone I not only consider a leader, a legislator of superior ability, a good friend, but also, my mentor. Through all of the satisfactions, burdens and pressures that everyone in public office must face, Paul White is a man who has stayed true to his beliefs, values and character over a distinguished legislative career that has spanned the past twenty-five years. A man of principle, compassion and thoughtfulness who loved the challenge of a legislative fight and embraced and mastered the traditions and rules of this great institution, Paul White leaves a list of legislative accomplishments that reflect his commitment to the common good and the importance in helping his fellow man. They include: the advancement of family planning and teen pregnancy programs, growth of community health centers, early intervention, homeless- ness services, military buyback, court reform, school breakfast program expansion and banking reforms that help consumers, to name a few. On a more personal note, beginning in the House of Representa- tives, Paul and I began a friendship that I will always treasure and never forget. As a wise and considerate legislator 13 years my senior, I looked to Paul for advice on a range of issues, from whether I should run for the Senate back in 1989 (this was good advice) to whether I should work for democratic presidential nominee Mike Dukakis in South Dakota (this was bad advice). I have always turned to Paul at those times when I needed an opinion that mattered, as I know we all have at one time or another. To say that I will miss the opportunity to go across the hall and knock on his door is indeed an understatement. To say that the Senate, upon his departure, will be that much less of a place surely is not. Legislative accomplishments aside, a man of such integrity, honesty and compassion these days is not easy to find and today we are losing one. It is because of these qualities that we will miss you, Paul. Henry David Thoreau once said, "to affect the quality of the day, that's the highest of the arts." To those who know him, Paul made our days that much better. Whether through a smile, a quick hello, or an embrace, he remembers the important things in our lives. How many people have said Paul White remembered me and more impor- tantly, remembered what was important to me, State House staff, members of the administration, advocacy groups, lobbyists and the people in his and our districts who he may have run into while helping us with a constituent issue, Paul made them all feel important and that is truly his gift. To the people of the Suffolk and Norfolk district, you have blessed the State Senate with the person we say farewell to today. For that, we owe you a deep sense of gratitude. It is a testament to Paul White that he chooses to leave in the autumn of his career when his instincts, wit and wisdom are at their finest, to serve the academic institution he loves so much — Boston College. Those on Chestnut Hill have truly inherited one of the most skilled statesmen that has ever come out of Beacon Hill. It is incumbent upon us in the Massachusetts Senate to fulfill the promise of our friend's agenda and to show continued compassion to those in need in his absence. We wish you well, Paul, on the challenges ahead. It is with great honor that I present to you, the gentleman from Suffolk and Norfolk, our friend, our colleague, Paul White."

STATEMENT OF THE HONORABLE W. PAUL WHITE ON HIS RESIGNATION FROM THE SENATE.

The President recognized the Honorable W. Paul White, who Honorable W. Paul addressed the Senate as follows: White,— Mr. President, my colleagues, family and friends: remarks on Today marks the conclusion of a quarter century of extraordinary resignation from State memories, experiences and opportunities. Senate. Extraordinary, because I have been given the honor of serving eight successive terms in the Massachusetts House of Representa- tives and five successive terms in the Massachusetts Senate. This, during a time of historic change in our state legislative annals. First, in the 240 member House from a three member district, following a bruising primary in which twenty-three candidates sought the nomination, then from a newly configured single House district as a result of the Quinn Amendment and, later, from another newly configured single district following a one-third reduction in the size of the House, another constitutional amendment. In the space of four terms, I served in three differently constructed districts. My tenure in both branches has given me the privilege to serve with the longest serving Speaker of the House and the longest serving President of the Senate. I have witnessed daunting budget crises and robust economic times, a complete revamping of our state's court system, a rewriting of nearly every aspect of our criminal laws, three different educational reform endeavors, the development of pioneering child nutrition programs, a significant advance in our state's commitment to health care for its citizens, sizeable increases in our state taxes, sizeable reductions in our state taxes, the removal of two judges from our court system, the modernization of our banking laws and what appears to be a complete reconstruction of every road in the Commonwealth of Massachusetts. A litany of all the other notable events would require us to stay overnight in the Chamber. As a direct result of my service in the Legislature, I have had the privilege of meeting two Presidents of the United States, numerous Honorable Governors from other states, dozens of U. S. Senators and members oi White"— Congress. Incidentally, my freshman class in the Massachusetts remarks on House yielded three future members of Congress — Brian Donnelly, from Suite" Barney Frank and Edward Markey. I have also traveled throughout 1 our own Senate. country as well as to Asia, Africa, Europe and the Middle East. (I'll bet you didn't even notice I was gone.) I even had the privilege, along with some of you, to share the tarmac at Logan Airport for the first ever Papal visit to the United States by John Paul II. In our own state I have served under five Governors, three Speakers and two Senate Presidents. I have also served with hun- dreds of impressive and distinguished men and women who have shared these experiences with me in both branches. I recite these observations, not out of my desire to boast about myself or my experiences, but to put into context the magnificent privileges given to me, first by my loyal neighbors in Dorchester and subsequently by the residents of five Boston Wards and the Towns of Milton, Randolph, Canton and Avon. I have been given so much that I never could have imagined. I have literally lived a dream. A dream that began in high school when a son of Massachusetts sought and achieved the Presidency of the United States. For many in my generation, that awakened a call to public service in all its forms. For me it was the chance to follow in the footsteps of a man whose public service I have always admired and sought to emu- late. He is a son of Dorchester whose achievements as a State Representative and, most recently as a Presiding Justice, have brought great credit to him and his community. I only hope that I have lived up to the high ideals demonstrated by my much admired friend, Judge Paul Murphy. I realize that, without question, none of my opportunities including the new and exciting challenge which I take on beginning tomorrow at Boston College, would have occurred without the support of the good and loyal people of Dorchester and of my present Senate district. I say to all of them, thank you for making my boy- hood dreams come true. Those of us given this honor get the opportunity to walk where few have walked, though many have strived to do so. Throughout my tenure here I have been blessed to today, with a highly competent, intensely loyal and dedicated staff. They have dealt respectfully and sensitively with every imaginable request and circumstance over the years. They are exemplified today by Jim Burke, my Staff Director, Marilyn London, my secretary, Charlene Rideout, Anne O'Driscoll, Jim Hunt and Bill Finnegan. I thank them for making me look good and able to take the bows while they did all the work. I have never had an anxious moment in entrusting them with any responsibilities. Allow me the opportunity to express my gratitude and love to my family for all the sacrifices they have made over the years on my behalf. For all the missed meals, interrupted vacations, lost holidays and the thousands of telephone calls — thank you from the bottom of my heart. Particularly, thank you to you. Mom, for all the inspira- tion and encouragement. Especially, thank you to my wife and dearest friend Caroline for your intense loyalty and constant support. I must express my appreciation to the Clerks, Court Officers, Pages, the Senate Counsel, the staff of the Senate President for your many, many courtesies and highest level of professionalism accorded me over the years. To all of my House and Senate colleagues, as well as their staffs, I thank you for allowing me to share with you at the highest level of satisfaction this extraordinary journey. Let me conclude by saying that I have always rejected the cynical view that one person cannot make a real difference. I know this to be a false adage because I have witnessed the contribution and achievement of many individuals who have made a difference and I will be ever grateful for it. On motion of Ms. Melconian, the above statements were Ordered ordered printed in the Journal of the Senate. printed Order Adopted. On motion of Mr. Norton, — Ordered, That when the Senate adjourns today, it adjourn to meet Time of again on Thursday next at eleven o'clock A.M., and that the Clerk meetlne- be directed to dispense with the printing of a printing of a calendar.

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