NOTICE: - While reasonable efforts have been made to assure the accuracy of the data herein, this is NOT the official version of Senate Journal. It is published to provide information in a timely manner, but has not been proofread against the events of the session for this day. All information obtained from this source should be checked against a proofed copy of the Senate Journal.


UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.


Seal of the
Commonwealth of Massachusetts

Tuesday, June 30, 1998.

Met at three minutes past eleven o'clock A.M. (Ms. Melconian in the Chair).

Report.

A report of the Senate committee on Post Audit and Oversight (under the provisions of Section 63 of Chapter 3 of the General Laws, as most recently amended by Chapter 557 of the Acts of 1986) entitled "A Crack in the Foundation: Unlicensed Home Inspectors in Massachusetts" (Senate, No. 2250) (received Thursday, June 25, 1998),— was placed on file.

Petitions.

Petitions were presented and referred, as follows:
By Mr. Joyce, a petition (subject to Joint Rule 12) of Brian A. Joyce for legislation relative to certain volunteer efforts and the dissemination of criminal offender record information; and
By Mr. Pacheco, a petition (subject to Joint Rule 12) of Marc R. Pacheco, Robert M. Koczera and John F. Quinn for legislation relative to certain state land in the town of Lakeville;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Committees Discharged.

Mr. Clancy, for the committees on Rules of the two branches, acting concurrently, reported, asking to be discharged from further consideration of the Senate Order relative to authorizing the joint committee on the Judiciary to sit during the recess of the General Court for the purpose of making an investigation and study of Senate document numbered 2232, relative to review of divorce orders (Senate, No. 2249),— and recommending that the same be referred to the Senate committee on Rules.
Under Senate Rule 36, the report was considered forthwith and accepted.

Reports of Committees.

By Mr. Nuciforo, for the committee on Election Laws, on petition, a Bill relative to the Election Commission or Board of Registrars of Voters in the town of Swampscott (Senate, No. 2238) [Local approval received]; and
By the same Senator, for the same committee, on petition, a Bill relative to the filling of vacancies in town meeting membership in the town of Swampscott (Senate, No. 2239) [Local approval received];
Severally 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 matter be placed in the Orders of the Day for the next session:
The House Bill designating a certain bridge in the Hyde Park section of the city of Boston as the Thomas J. Geraghty Bridge (House, No. 2036).

Papers from the House

Bills
Relative to the qualifications of commissioner of code enforcement in the city of Springfield (House, No. 5388,— on petition) [Local approval received]; and
Exempting the position of chief of police in the town of Acton from the provisions of the civil service law (House, No. 5545,— on petition) [Local approval received];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 5655) of Barbara Gardner and David P. Magnani (by vote of the town) relative to the establishment of a board of public works in the town of Hopkinton; and
Petition (accompanied by bill, House, No. 5656) of Cele Hahn and Michael R. Knapik (with the approval of the mayor and city council) relative to authorizing the city of Westfield to supply water outside its boundaries;
Severally to the committee on Local Affairs.

Messages were referred, in concurrence, as follows:

Message from His Honor the Lieutenant-Governor, Acting Governor (under the provisions of Section 8 of Article LXXXIX of the Amendments to the Constitution) recommending legislation relative to authorizing the Dennis Water District to convey an easement over certain parcels of land to the town of Dennis (House, No. 5652); and
Message from His Honor the Lieutenant-Governor, Acting Governor (under the provisions of Section 8 of Article LXXXIX of the Amendments to the Constitution) recommending legislation relative to validating the acts and proceedings of the annual town meeting held in the town of Halifax on May 11, 1998 (House, No. 5653);
Severally to the committee on Local Affairs.

Message from His Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to providing for the lease of Commonwealth land in the city of Quincy (House, No. 5654);
To the committee on State Administration.

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 Ms. Melconian, Acting President (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair). The bills were laid before the Acting Governor for his approbation, to wit:
Relative to the issuance of certain credit insurance (see Senate, No. 626, amended); and
Authorizing the town of Billerica to refund a certain tax payment (see House, No. 5097).


The Senate petition (accompanied by bill, Senate, No. 2252) of Susan C. Fargo, Paul C. Demakis, Ellen Story, other members of the General Court and L. Scott Harshbarger, Attorney General, for legislation to protect the public safety in the areas in and around reproductive health care facilities,— came from the House with the endorsement that the House had NON-concurred in the reference to the committee on Health Care; and had referred the petition to the committee on Criminal Justice.
On motion of Mr. Nuciforo, the Senate receded from its reference to the committee on Health Care; and concurred in the reference to the committee on Criminal Justice.

Reports of Committees.

By Mr. Clancy, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Michael W. Morrissey for legislation to authorize the Lottery Commission to enter into agreements with one or more states for the purpose of creating and maintaining a series of multi-jurisdictional instant lottery games.
Senate Rule 36 was suspended, on motion of Mr. Brewer, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Government Regulations.
   Sent to the House for concurrence.

Senate Order Adopted.

Mr. Pacheco presented the following order, to wit:
Ordered, That, notwithstanding the provisions of Joint Rule 10, the joint committee on State Administration be granted until Friday, July 17, 1998 to make its final report on Senate documents numbered 2054 and 2246.
The order was considered forthwith, and adopted.
   Sent to the House for concurrence.

Recess.

At eight minutes past eleven o'clock A.M., the Chair (Ms. Melconian) declared a recess subject to the call of the Chair; and, at four minutes past twelve o'clock noon, the Senate reassembled, the President in the Chair.

Papers from the House.

A Bill making certain appropriations for the fiscal year ending June30, 1999 prior to final action on the General Appropriation Bill for said fiscal year (printed in House, No. 5650,— being a message from his Honor the Lieutenant Governor, Acting Governor),— was read.
There being no objection, the rules were suspended, on motion of Ms. Murray, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Recess.

At seven minutes past twelve o'clock noon, the President declared a recess subject to the call of the Chair; and, at four minutes before two o'clock P.M., the Senate reassembled, the President in the Chair.

Communication.

The Clerk read the following communication:

COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS SENATE
STATE HOUSE, BOSTON 02133-1053

June 29, 1998.

The Honorable Edward B. O'Neill
Clerk of the Senate
State House, Room 335
Boston, Massachusetts 02133-1053

Dear Mr. O'Neill:

Due to a prior commitment, I was unable to be present at the formal session on Thursday, June 25, 1998. Had I been able to attend the session, I would have voted in the affirmative on the following matters:

I respectfully request that this letter be spread upon the records of the Senate. Thank you for your assistance.

Sincerely,

ROBERT S. CREEDON, JR.,
Senator.

On motion of Mr. Bernstein, the above statement was ordered printed in the Journal of the Senate.


Papers from the House.
Engrossed Bill.

An engrossed Bill making certain appropriations for the fiscal year ending June 30, 1999 prior to final action on the General Appropriation Bill for said fiscal year (see House Bill, printed in House, No. 5650) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be enacted and was signed by the President and laid before the Acting Governor for his approbation.

Order Adopted.

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


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


IN JOINT SESSION


Tuesday, June 30, 1998.

Joint Session of the Two Houses to Consider Specific Amendments to the Constitution.

At five minutes past two o'clock P.M., the two House met in

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 Ms. Melconian, at six minutes past two o'clock P.M., the joint session was recessed until two o'clock P.M. on Tuesday, July 14, and the Senate withdrew from the House Chamber, under the escort of the Sergeant-at-Arms.