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

JOURNAL OF THE SENATE.

Monday, January 12, 2004.

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

The Senator from Plymouth and Norfolk, Mr. Hedlund, led the Chair (Ms. Walsh), members, guests and employees in the recitation of the pledge of allegiance to the flag.

Distinguished Guest.

There being no objection, the Chair (Ms. Walsh) handed the gavel to the Senator from Middlesex and Norfolk, Ms. Creem, who introduced Ms. Tori Wilson. Tori, a 5th grade student at Zerbas Elementary School in Newton, initially suggested to Senator Creem that September 11th be referred to as “Unity Day”. The suggestion ended up becoming the law of the Commonwealth. Tori banged the gavel, signed the Senate guest book and withdrew from the Chamber. She was the guest of Senator Creem.

Petitions.

Ms. Walsh in the Chair, petitions were presented and referred, as follows:

By Mr. Hedlund, a petition (subject to Joint Rule 12) of Robert L. Hedlund for legislation to establish a sick leave bank for Carole M. Lee, an employee of the Department of Social Services; and

By Mr. Tolman, a petition (subject to Joint Rule 12) of Steven A. Tolman, Richard T. Moore, Thomas M. McGee and Susan C. Tucker for legislation relative to certain payments for victims;

Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Report of a Committee.

By Mr. Antonioni, for the committee on Education, Arts and Humanities, on petition, a Bill to promote sustainable agriculture and the use of non toxic pest management (Senate, No. 320, changed in section 1, in line 3 and line 12 and in section 2, in line 32, by striking out, in each instance, the word “Lowell” and inserting in its place thereof, in each instance, the words:— “Massachusetts at Amherst”) ;

Read and, under Senate Rule 27, referred to the committee on Ways and Means.

PAPERS FROM THE HOUSE.

Bills

Designating a certain bridge in the town of Methuen as the Joseph S. Franciosa Bridge (House, No. 3898,— on petition);

Validating the proceedings of the annual town meeting in the town of Palmer (printed in House, No. 4141,— being a message from His Excellency the Governor); and

Designating the Brockton District Courthouse as the George N. Covett Courthouse (House, No. 4156, changed,— on petition);

Were severally read and, under Senate Rule 26, referred to the committee on Steering and Policy.

Bills

Relative to the Geriatric Authority of the town of Milford (House, No. 193,— on petition) [Local approval received];

Relative to the off-street parking board in the city of Worcester (House, No. 4082,— on petition) [Local approval received]; and

Relative to the Department of Finance in the town of Brookline (House, No. 4088,— on petition) [Local approval received];

Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—

Resolutions (filed by Mr. Knapik) “honoring Joseph V. Gosselin, Jr. upon his selection as the 2004 Grand Marshal of the 53rd Saint Patrick’s Parade in the City of Holyoke”;

Resolutions (filed by Mr. Pacheco) “congratulating Erwin K. Washburn”; and

Resolutions (filed by Mr. Rosenberg) “commemorating the Twentieth Anniversary of the Martin Luther King, Jr. Breakfast in the Town of Amherst.”

Communication.

The Clerk read the following communication:

January 7, 2004.

William Welch

Clerk of the Massachusetts State Senate

State House, Room 335

Boston, MA 02133

Dear Mr. Clerk:

I respectfully request that this correspondence be read into the record at the next session of the Senate. Due to personal family reasons I was not present for the formal session of the Senate on January 7, 2004.

Had I been present, I would have voted in the affirmative for the election of William Welch as Senate Clerk, affirmative for the engrossing of Senate 1686, and affirmative for a joint session of the two branches to be held on Thursday, January 15, 2004.

Thank you for your consideration.

Sincerely,

LINDA J. MELCONIAN,

State Senator.

On motion of Ms. Fargo the above communication was ordered printed in the Journal of the Senate.

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 a selectmen-town manager form of government in the town of Foxborough (House, No. 4018, changed),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

PAPERS FROM THE HOUSE.

A Bill exempting the position of deputy police chief of the town of Chelmsford from the provisions of the civil service law (House, No. 3836,— on petition) [Local approval received],— was read.

There being no objection, the rules were suspended, on motion of Ms. Creem, 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 exempting the position of deputy police chief of the town of Chelmsford from the civil service law.”.

A Bill relative to the issuing of licenses in the town of Lexington for the sale of alcoholic beverages by restaurants with a seating capacity of less than ninety-nine persons (House, No. 4172,— on petition) [Local approval received],— was read.

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 authorizing a ballot question in the town of Lexington relative to the granting of certain alcoholic beverage licenses.”.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4423) of Deborah D. Blumer and David P. Magnani relative to unemployment compensation for certain officers of corporations;

Under suspension of Joint Rule 12, to the committee on Commerce and Labor.

Petition (accompanied by bill, House, No. 4424) of Patricia A. Walrath and Robert A. Antonioni relative to the licensing fees charged to wholesalers of wines and malt beverages;

Under suspension of Joint Rule 12, to the committee on Government Regulations.

Petition (accompanied by bill, House, No. 4425) of Michael F. Kane and Michael R. Knapik for legislation to regulate the operation of sound amplification systems by operators of motor vehicles;

Under suspension of Joint Rule 12, to the committee on Public Safety.

A petition (accompanied by bill, House, No. 4432) of John P. Fresolo and Michael F. Kane for legislation to further define the term “electric company” for the siting of electric transmission facilities in the Commonwealth,— came from the House, under suspension of Joint Rule 12, referred to the committee on Government Regulations.

The Senate concurred in the suspension of Joint Rule 12, and NON-concurred in the reference to the committee on Government Regulations.

On motion of Ms. Chandler, the petition was referred to the committee on Energy.

Sent to the House for its action.

Order Adopted.

On motion of Mr. Hedlund,—

Ordered, That when the Senate adjourns today, it adjourn to meet again on Thursday next at one o’clock P.M., in a full formal session, and that the Clerk be directed to dispense with the printing of a calendar.

On motion of Ms. Chandler, at twelve minutes past eleven o’clock A.M., the Senate adjourned to meet on the following Thursday at one o’clock P.M., in a formal session.