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UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.


Seal of the
Commonwealth of Massachusetts

Thursday, January 7, 1999.

Met at twenty-two minutes past eleven o'clock A.M.

Communication.

The following communication was placed on file:

COMMONWEALTH OF MASSACHUSETTS

MASSACHUSETTS SENATE

STATE HOUSE, BOSTON 02133-1053

January 7, 1999.

Senate President Birmingham
Room 330
State House, Boston 02133

Dear President Birmingham:

I am writing to inform you that effective at the close of business tomorrow I hereby resign my position as state senator from the Middlesex-Worcester district.

Very truly yours,
ROBERT A. DURAND,
State Senator.

The following communications, together with the returns of votes and schedules therein referred to, were received from the Secretary of the Commonwealth, to wit:

COMMONWEALTH OF MASSACHUSETTS

OFFICE OF THE SECRETARY OF STATE

STATE HOUSE, BOSTON 02133
January 6, 1999.

To the Honorable Senate and House of Representatives:
I have the honor to lay before you the returns of votes cast at the election held in this Commonwealth on the third day of November, 1998, for Governor, Lieutenant-Governor, Secretary of State, Attorney General, Treasurer and Receiver-General, and State Auditor, together with schedules showing the number of ballots which appear to have been cast for each person voted for.
These returns have been duly canvassed by the Governor and Council, and are now transmitted for examination by the Senate and the House of Representatives, as required by the Constitution.

Very truly yours,

William Francis Galvin.

Secretary of State.

COMMONWEALTH OF MASSACHUSETTS

OFFICE OF THE SECRETARY OF STATE

STATE HOUSE, BOSTON 02133
January 7, 1999.

To the Honorable Senate:
I have the honor to lay before you the returns of votes cast at the election held in this Commonwealth on the third day of November, 1998, for Councillors in the several districts, together with schedules showing the number of ballots which appear to have cast for each person voted for.
These returns have been duly canvassed by the Governor and Council, and are now transmitted for examination by the Senate and the House of Representatives, as required by the Constitution.

Very truly yours,

William Francis Galvin.

Secretary of State.

Order Adopted.

Ordered, That a joint special committee to consist of members of the Senate and the House of Representatives be appointed for the purpose of canvassing the votes for Governor and Lieutenant-Governor, Secretary of State, Attorney General, Treasurer and Receiver-General and State Auditor of the Commonwealth, and Councillors in the several districts.
Senators Nuciforo of Berkshire, Hampden, Hampshire and Franklin, Fargo of Middlesex, and Bernstein of Worcester were appointed the committee on the part of the Senate.
Sent to the House for concurrence.
Subsequently, the order was returned by the House with the endorsement that it had been adopted, in concurrence.
The order bore the further endorsement that Representatives DeLeo of Winthrop, Paulsen of Belmont and Hargraves of Groton were appointed the committee on the part of the House.
Subsequently, Mr. Nuciforo, for the said special committee to which had been referred the returns of votes for Governor, Lieutenant-Governor, Secretary of the State, Attorney General, Treasurer and Receiver-General, Auditor of the Commonwealth and the Councillors in the several districts submitted a report thereon, as follows:
From an examination of the returns, it appears that votes were cast as follows:

For Governor and Lieutenant-Governor.

Argeo Paul Cellucci and Jane Maria Swift
(Republican) had   967,160
Scott Harshbarger and Warren E. Tolman
(Democrat) had    901,843
Dean F. Cook and Elias Israel
(Libertarian) had  32,184
All others 2,149
Blanks 31,941
Total votes cast 1,935,277

And Argeo Paul Cellucci and Jane Maria Swift are elected.

For Attorney General.

Brad Bailey of Winchester
(Republican) had 604,700
Thomas F. Reilly of Watertown
(Democrat) had 1,218,244
All others 1,990
Blanks 110,343
Total votes cast 1,935,277

And Thomas F. Reilly is elected.

For Secretary of State.

William Francis Galvin of Boston
(Democrat) had 1,252,912
Dale C. Jenkins of Boxford
(Republican) had 451,556
David L. Atkinson of Provincetown
(Libertarian) had 86,330
All others 866
Blanks 143,613
Total votes cast 1,935,277

And William Francis Galvin is elected.

For Treasurer and Receiver-General.

Robert A. Maginn of Cambridge
(Republican) had 626,286
Shannon P. O'Brien of Whitman
(Democrat) had 1,120,757
Merton P. Baker of Hardwick
(Libertarian) had 53,299
All others 675
Blanks 134,260
Total votes cast 1,935,277

And Shannon P. O'Brien is elected.

For State Auditor.

A. Joseph DeNucci of Newton
(Democrat) had 1,154,829
Michael T. Duffy of Boston
(Republican) had 531,363
Carla A. Howell of Wayland
(Libertarian) had 102,198
All others 608
Blanks 146,279
Total votes cast 1,935,277

And A. Joseph DeNucci is elected.

And also reports that it appears from an examination of the returns that the following named persons have been duly elected Councillors in their respective districts, to wit:
District No. 1. David F. Constantine of New Bedford
District No. 2. Kelly A. Timilty of Boston
District No. 3. Marilyn Petitto Devaney of Watertown
District No. 4. Christopher A. lannella, Jr., of Boston
District No. 5. Patricia A. Dowling of Lawrence
District No. 6. Michael J. Callahan of Medford
District No. 7. Dennis P. McManus of Worcester
District No. 8. Edward M. O'Brien of Easthampton
The report was received and sent to the House.

Order Adopted.

On motion of Mr. Durand,—
Ordered, That the Secretary of the Commonwealth give notice to David F. Constantine, Kelly A. Timilty, Marilyn Petitto Devaney, Christopher A. Iannella, Jr., Patricia A. Dowling, Michael J. Callahan, Dennis P. McManus and Edward M. O'Brien that they have been duly elected Councillors to advise the Governor in the executive part of the government.

Sent to the House for concurrence.

Resolutions.

Resolutions (filed by Mr. Creedon) "congratulating Laura D. Holmberg on the occasion of her one hundredth birthday", were considered forthwith, under suspension of the rules, moved by Mr. Berry, and adopted.
Resolutions (filed by Mr. Lynch) "congratulating the Honorable James M. Kelly on the occasion of his reelection as President of the Boston City Council", were considered forthwith, under suspension of the rules, moved by Mr. Berry, and adopted.
Resolutions (filed by Mrs. Sprague) "congratulating Andrew Michael Maiewski of Walpole upon his elevation to the rank of Eagle Scout", were considered forthwith, under suspension of the rules, moved by Mr. Berry, and adopted.
Resolutions (filed by Mrs. Sprague) "congratulating John Michael Spears of Stoughton upon his elevation to the rank of Eagle Scout", were considered forthwith, under suspension of the rules, moved by Mr. Berry, and adopted.

Remarks on the Departure of Senator Robert A. Durand

on his Resignation from the Senate.

[TEXT OF DEPARTING REMARKS TO FOLLOW:]



At two minutes past twelve o'clock noon, the Senate proceeded to the House of Representatives under the escort of the Sergeant-at-Arms.


JOINT CONVENTION.
At seven minutes past twelve o'clock noon, the two branches met in

CONVENTION

in the Chamber of the House of Representatives, for the purpose of administering the oath of office to the Governor-elect, the Lieutenant-Governor-elect and the several Councillors-elect, and were called to order by the Honorable Thomas F. Birmingham, President of the Senate.

Order Adopted.

On motion of Mr. Norton,—
Ordered, That a committee be appointed to consist of members of the Senate and the House of Representatives to wait upon the Governor-elect, the Lieutenant-Governor-elect and the several Councillors-elect and inform them that the two branches of the General Court are now in convention for the purpose of administering oaths required to qualify them for the discharge of the duties of their offices.
Senators Durand of Middlesex and Worcester, Moore of Worcester and Norfolk and Rauschenbach of the Cape and the Islands were appointed the committee on the part of the Senate; Representatives DeFilippi of West Springfield, Hahn of Westfield, Petrolati of Ludlow, Nagle of Northampton, Gardner of Holliston and DiMasi of Boston were appointed the committee on the part of the House.
Mr. Durand, for the committee, afterwards reported that the Governor-elect, Lieutenant Governor-elect and the Councillors-elect would immediately attend upon the Convention.
At fourteen minutes past twelve o'clock noon, the Governor-elect, the Lieutenant-Governor-elect, the Councillors-elect, A. Joseph DeNucci, State Auditor, and William Francis Galvin, Secretary of State,, entered the Chamber, under the escort of the Sergeant-at-Arms.

The National Anthem was sung by Talia Tuck.

The invocation was offered by Father Leahy, President of Boston College.

Before the President of the Senate, and in the presence of the two Houses of Assembly, the oaths and affirmations of office were then administered to, and subscribed by, His Excellency Argeo Paul Cellucci, as Governor, and a proclamation was made by the Secretary of the Commonwealth.

Before the President of the Senate, and in the presence of the two Houses of Assembly, the oaths and affirmations of office were then administered to, and subscribed by, Her Honor Jane M. Swift, as Lieutenant-Governor, and a proclamation thereof was made by the Secretary of the Commonwealth.

Before the President of the Senate, and in the presence of the two Houses of Assembly, the oaths and affirmations of office were then administered to, and subscribed by David F. Constantine of New Bedford, Kelly A. Timilty of Boston, Marilyn Petitto Devaney of Watertown, Christopher A. Iannella, Jr., Patricia A. Dowling of Lawrence, Michael J. Callahan of Medford, Dennis P. McManus of Worcester and Edward M. O'Brien of Easthampton as Councillors.

His Excellency the Governor, Argeo Paul Cellucci thereupon submitted his address upon the general concerns of the Commonwealth (Senate, No. 1).

Her Honor the Lieutenant-Governor, Jane M. Swift then addressed the convention (Senate, No.2).

The President recognized Jan Cellucci, the wife of the Governor, and William F. Weld and Edward King, both former Governors of the Commonwealth, Shannon P. O'Brien, Treasurer and Receiver General-elect, Thomas Reilly, Attorney General-elect, William M. Bulger, President of the University of Massachusetts, Mayor Thomas Menino, mayor of the city of Boston, members of the Supreme Judicial Court and various dignitaries.

Benediction was pronounced by Father Leahy, President of Boston College.

His Excellency the Governor, Her Honor the Lieutenant-Governor, the Constitutional Officers and the Honorable Council then withdrew from the Chamber, under the escort of the Sergeant-at-Arms.


On motion of Mr. Durand, at seventeen minutes past one o'clock P.M., the Convention was dissolved; and the Senate withdrew from the House Chamber, under the escort of the Sergeant-at-Arms.


At nineteen minutes past one o'clock P.M., the Senate reassembled, the President in the Chair.

Communication.

The following communication was received and placed on file, to wit:

COMMONWEALTH OF MASSACHUSETTS

SECRETARY OF THE COMMONWEALTH

STATE HOUSE, BOSTON 02133

January 7, 1999.

To the Honorable Senate:

This is to advise you that in accordance with an order adopted by the Senate and House of Representatives of this date, the Councillors have been notified of their election by the Secretary of the Commonwealth.

Very truly yours,

WILLIAM FRANCIS GALVIN,

Secretary of the Commonwealth.

Order Adopted.

On motion of Mr. Havern,—
Ordered, That when the Senate adjourns today, it adjourn to meet again on Monday next at eleven o'clock A.M.


On motion of Mr. Havern, at twenty-four minutes past one o'clock P.M., the Senate adjourned to meet on the following Monday at eleven o'clock A.M.