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

Thursday, August 13, 1998.

Met at six minutes past eleven o'clock A.M. (Mr. Norton in the Chair) (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

Communication.

A communication from the Auditor of the Commonwealth submitting a report on the joint asset assessment study of segments of the metropolitan highway system (received Monday, August 3, 1998),— was placed on file.

Petitions.

Petitions were presented and referred, as follows:
By Mr. Antonioni, a petition (subject to Joint Rule 12) of Robert A. Antonioni and Robert S. Hargraves (by vote of the town) for legislation relative to certain insurance coverage for a former employee of the town of Townsend (Local approval received);
By Mr. Joyce, a petition (subject to Joint Rule 12) of Brian A. Joyce for legislation relative to State Police patrols for the Neponset River Bicycle Path; and
By Mr. Montigny, a petition (subject to Joint Rule 12) of Mark C. Montigny, Joseph B. McIntyre, Robert M. Koczera and Antonio F. D. Cabral (with the approval of the mayor and the city council) for legislation to authorize the city of New Bedford to establish and maintain an environmental assessment revolving fund (Local approval received);
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Report of a Committee.

By Ms. Pines, for the committee on Natural Resources and Agriculture, on petition, a Bill relative to Peninsula Yacht Club (Senate, No. 2318);
Read and, under Senate Rule 26, referred to the committee on Steering and Policy.

Committee Discharged.

Mr. Lynch, for the committee on Commerce and Labor, reported, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 2307) of Thomas C. Norton and John F. Quinn for legislation to protect the contractual rights of employees at electric generating facilities within the Commonwealth,— and recommending that the same be referred to the committee on Government Regulations.
Under Senate Rule 36, the report was considered forthwith and accepted.
   Sent to the House for concurrence.

Paper from the House.

A Bill providing for the leasing and construction of improvements to the East Building in the town of Watertown (House, No. 5728,— on petition) (Local approval received),— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Committee Changes

The Chair (Mr. Norton) announced the resignation of Senator Jacques of Norfolk, Bristol and Middlesex as a member of the committee on Bills in the Third Reading and the appointment of Senator Jajuga of Third Essex to fill the vacancy.

Resolutions.

Resolutions (filed by Mr. Knapik and Ms. Melconian) "congratulating Roger and Theresa Bernashe on the occasion of their golden 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 Mr. Jajuga, and adopted.

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:
Regulating telephone sales of state lottery wagers or tickets (see Senate, No. 2211); and
Prohibiting sex offenders from work release programs (see House, No. 2942, amended).

A petition (accompanied by bill, House, No. 5789) of Salvatore F. DiMasi relative to the appointment of deputy assistant registers of probate in certain probate courts,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on the Judiciary.

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 authorizing the Massachusetts Water Resources Authority to grant access to its sewer system to certain property in the town of Sharon (House, No. 5721).
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

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 Senate Bill relative to the use of a signed certificate as prima facie evidence in drug trials (Senate, No. 2310).
There being no objection, the rules were suspended, on motion of Mr. Jajuga, and the bill was read a second time. An amendment, presented by Messrs. Clancy and Keating, striking out the last sentence and inserting in place thereof the following paragraph:—
"Nothing in this section shall prohibit a defendant from presenting evidence to contradict the facts asserted in such certificate or from summonsing or calling such engineer or assistant engineer to testify.", was read and adopted.
The bill, as amended, was then 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 so as to read as follows,— "An Act relative to the admissibility of a certificate of measurement as prima facie evidence in drug free zone prosecutions".
   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:

The House Bill establishing senior citizen safety zones in the city of Malden (House, No. 5222),— 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 requiring the establishment of senior citizen safety zones in the city of Malden".

The House Bill authorizing certain by-laws relative to the town of Wellesley (House, No. 5398),— 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 establishing the Wellesley Housing Development Corporation".

The House Bill designating an overpass in the town of Somerset as the John Marshall overpass (House, No. 5430),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Committee Changes

The Chair (Mr. Norton) announced the resignation of Senator Jajuga of Third Essex as a member of the committee on Bills in the Third Reading and the reappointment of Senator Jacques of Norfolk, Bristol and Middlesex thereto.

Order Adopted.

On motion of Mr. Tisei,—
Ordered, That when the Senate adjourns today, it adjourn to meet 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. Jajuga, at fourteen minutes past eleven o'clock A.M., the Senate adjourned to meet on the following Monday at eleven o'clock A.M.