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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. |

JOURNAL OF THE SENATE.
Thursday, February 3, 2005.
Met at thirteen minutes past one o’clock P.M.
The President, members, guests and employees then recited the pledge of allegiance to the flag.
Distinguished Guests.
There being no objection, the President handed the gavel to Ms. Wilkerson and Ms. Walsh for the purpose of an introduction. Ms. Wilkerson introduced, seated in the rear of the Chamber, former Senator James Hennigan. Former Senator Hennigan is visiting the Senate on the 50th Anniversary of his first term in the Massachusetts State Senate and was accompanied by daughters Maura Hennigan, a Boston City Councilor, and Helen. Former Senator Hennigan briefly addressed the Senate and withdrew from the Chamber.
There being no objection, the President handed the gavel to Mr. O’Leary for the purpose of an introduction. Mr. O’Leary introduced seated in the Senate Gallery the Provincetown High School student council.
There being no objection, the President handed the gavel to Mr. Brown for the purpose of an introduction. Mr. Brown introduced, seated in the Senate Gallery, John MacGillivray, the director of Veteran’s Services for the town of Natick. Mr. MacGillivray was the guest of Mr. Brown and Ms. Spilka.
Communications.
The Senate President and the Minority Leader have announced the following committee appointments:
OFFICE OF THE PRESIDENT
MASSACHUSETTS SENATE
STATE HOUSE. BOSTON 02133-1007
February 3, 2005.
Mr. William Welch
Clerk of the Senate
State House
Room 335
Boston, MA 02133
Dear Mr. Clerk,
I have on this day made the following committee appointments:
Senate Standing Committees |
|
|
Ways and Means
|
Post Audit & Oversight
|
| Murray — Chair | Pacheco — Chair |
|
Panagiotakos — Vice Chair |
Fargo — Vice Chair |
|
Tolman — Asst. Vice Chair |
Baddour |
| Antonioni |
Havern |
| Augustus |
Moore |
| Brewer |
Panagiotakos |
|
Chandler |
|
|
Fargo |
Rules & Ethics
|
|
Morrissey |
Shannon — Chair |
|
Pacheco |
Travaglini — Vice Chair |
| Resor |
Menard |
| Shannon |
Murray |
| Tucker | |
| Wilkerson | |
|
Bills in Third Reading |
|
|
Brewer — Chair |
|
|
Shannon — Vice Chair |
|
|
Moore |
|
|
Montigny |
|
Joint Standing Committees |
|
|
Financial Services |
Higher Education
|
|
Nuciforo — Chair |
O’Leary — Chair |
|
Wilkerson — Vice Chair |
Panagiotakos — Vice Chair |
|
Buoniconti |
Moore |
| Montigny |
Nuciforo |
| Tucker |
Rosenberg |
|
Economic Development &
Emerging Technology
|
Mental Health &Substance
Abuse
|
|
Hart — Chair |
Tolman — Chair |
| Montigny — Vice Chair |
Antonioni — Vice Chair |
| Creem |
Berry |
| Spilka |
Hart |
| Tucker |
Wilkerson |
|
Education
|
Health Care Financing
|
| Antonioni — Chair | Moore — Chair |
| Augustus — Vice Chair | Tolman — Vice Chair |
| Resor | Chandler |
| Spilka | Fargo |
| Wilkerson | Spilka |
|
Election Laws
|
Public Health
|
|
Augustus — Chair |
Fargo — Chair |
| Spilka — Vice Chair |
Creem — Vice Chair |
| Baddour |
Barrios |
| Morrissey |
Buoniconti |
| Nuciforo |
Chandler |
|
Telecommunications, Utilities
& Energy
|
The Judiciary
|
| Morrissey — Chair | Creedon — Chair |
| Tucker — Vice Chair | Baddour — Vice Chair |
| Creem | Antonioni |
| Pacheco | Creem |
| Walsh | McGee |
|
Consumer Protection & Professional Licensure |
Children & Families
|
|
Morrissey — Chair |
Spilka — Chair
|
| Montigny — Vice Chair |
McGee — Vice Chair |
| Barrios |
Baddour |
| Joyce |
Berry |
| Nuciforo |
Resor |
|
Housing
|
State Administration &Regulatory
Oversight
|
| Joyce — Chair | Wilkerson — Chair |
| O’Leary — Vice Chair | Shannon — Vice Chair |
| Barrios |
Creedon |
| Chandler | Fargo |
| Panagiotakos | Tolman |
|
Environment, Natural Resources
& Agriculture
|
Elder Affairs |
|
Resor — Chair |
Tucker — Chair |
| Pacheco — Vice Chair |
Nuciforo — Vice Chair |
| Brewer |
Creedon |
| Creedon | O’Leary |
| O’Leary | Timilty |
|
Public Safety & Homeland
Security
|
Tourism, Arts & Cultural Development |
| Barrios — Chair | Hart — Chair |
| Brewer — Vice Chair | Timilty — Vice Chair |
| Buoniconti | Morrissey |
| Menard | Resor |
| Pacheco | Walsh |
|
Public Service |
Community Development &
Small Business
|
| Buoniconti — Chair |
Chandler — Chair |
| Tolman — Vice Chair |
Buoniconti — Vice Chair |
| Hart |
Joyce |
| Joyce |
McGee |
| Shannon |
Timilty |
|
Transportation
|
Labor & Workforce Development
|
| Baddour — Chair | McGee — Chair |
| Chandler — Vice Chair | Resor — Vice Chair |
| Barrios | Antonioni |
| McGee | Augustus |
| Montigny | Tolman |
| Timilty | |
|
Revenue
|
|
|
Municipalities & Regional Government |
Creem — Chair |
| Timilty — Chair |
Joyce — Vice Chair |
| Shannon — Vice Chair |
Havern |
| Baddour |
O’Leary |
| Barrios |
Rosenberg |
| Fargo | |
|
Veterans & Federal Affairs
|
|
|
Bonding, Capital Expenditures
& State Assets
|
Brewer — Chair |
|
Montigny — Chair |
Creedon — Vice Chair |
| Joyce — Vice Chair |
Augustus |
| Creem |
Hart |
| Moore |
McGee |
| Wilkerson | |
Sincerely,
ROBERT E. TRAVAGLINI,
Senate President.
COMMONWEALTH OF MASSACHUSETTS
SENATE MINORITY LEADER
STATE HOUSE, BOSTON 02133-1053
February 3, 2005.
Mr. William Welch
Clerk of the Senate
State House, Room 335
Boston, MA 02133
Dear Mr. Clerk:
The following are the Republican caucus committee assignments for the 2005-2006 legislative session.
Senate Standing Committees: |
|
| Ways & Means |
Senator Knapik of Hampden and Hampshire
|
|
Senator Tisei of Middlesex and Essex
|
|
|
Senator Tarr of Essex and Middlesex
|
|
| Bills in Third Reading |
Senator Tarr of Essex and Middlesex
|
| Post Audit & Oversight |
Senator Hedlund of Plymouth and Norfolk
|
| Ethics and Rules |
Senator Lees of Hampden and Hampshire
|
|
Senator Tisei of Middlesex and Essex
|
|
Joint Standing Committees: |
|
| Bonding, Capital Expenditures and State Assets |
Senator Knapik of Hampden and Hampshire
|
| Children and Families |
Senator Tarr of Essex and Middlesex
|
| Community Development and Small Business |
Senator Hedlund of Plymouth and Norfolk
|
| Consumer Protection and Professional Licensure |
Senator Brown of Norfolk, Bristol
and Middlesex
|
|
Economic Development and Emerging Technology |
Senator Tisei of Middlesex and Essex
|
| Education |
Senator Brown of Norfolk, Bristol
and Middlesex
|
| Elder Affairs: |
Senator Tisei of Middlesex and Essex
|
| Election Laws |
Senator Brown of Norfolk, Bristol
and Middlesex
|
|
Environment, Natural Resources and Agriculture |
Senator Tarr of Essex and Middlesex
|
| Financial Services |
Senator Brown of Norfolk, Bristol
and Middlesex
|
| Health Care Financing |
Senator Brown of Norfolk, Bristol
and Middlesex
|
| Higher Education |
Senator Tarr of Essex and Middlesex
|
| Housing |
Senator Hedlund of Plymouth and Norfolk
|
| The Judiciary |
Senator Lees of Hampden and Hampshire
|
| Labor and Workforce Development |
Senator Hedlund of Plymouth
and Norfolk
|
| Mental Health and Substance Abuse |
Senator Tisei of Middlesex and Essex
|
| Municipalities and Regional Government |
Senator Knapik of Hampden and Hampshire
|
|
Public Health |
Senator Tarr of Essex and Middlesex
|
| Public Safety and Homeland Security |
Senator Tarr of Essex and Middlesex
|
|
Public Service |
Senator Hedlund of Plymouth and Norfolk
|
| State Administration and Regulatory Oversight |
Senator Tisei of Middlesex and Essex
|
|
Revenue |
Senator Knapik of Hampden and Hampshire
|
| Telecommunications, Utilities and Energy |
Senator Lees of Hampden and Hampshire
|
| Tourism, Arts and Cultural Development |
Senator Lees of Hampden and Hampshire
|
| Transportation |
Senator Hedlund of Plymouth and Norfolk
|
| Veterans and Federal Affairs |
Senator Brown of Norfolk, Bristol
and Middlesex
|
Thank you for your consideration of this matter.
Sincerely,
BRIAN P. LEES,
Minority Leader.
Resolutions.
The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Brown and Ms. Creem) “congratulating the Rotary
Club of Wellesley for 100 years of community service”;
Resolutions (filed by Mr. Creedon) “congratulating Haikal Haikal on the occasion
of his seventy-fifth birthday”; and
Resolutions (filed by Mr. Lees) “commending the Ronald Reagan Legacy Project’s
celebration of February 6, 2005 as ‘Ronald Reagan Day’.”
Order Adopted.
Mr. Brewer offered the following order,—
Ordered, That Senate Rule 7 be amended by striking out the words “Steering
and Policy” each time they appear and inserting in place thereof thewords “Ethics
and Rules”.
The order was adopted.
Recess.
There being no objection, at a half past one o’clock P.M., the President declared a recess subject to the call of the Chair; and, at twenty-four minutes past two o’clock P.M., the Senate reassembled, the President in the Chair.
PAPER FROM THE HOUSE.
A Bill relative to expanding the military mission at Hanscom Air Force Base and Soldier Systems Center — Natick(House, No. 2008, amended,— being a message from His Excellency the Governor),— was read.
There being no objection, the rules were suspended, on motion of Ms. Fargo, and the bill was read a second time.
Pending the question on ordering the bill to a third reading, Ms. Fargo moved the bill be amended by inserting after Section 5 (as printed) the following section:—
“SECTION 5A. MassDevelopment shall establish an advisory council of the municipal
governments in which Hanscom and Natick are located, which shall consist of
a representative, appointed by the executive body, from each of the towns of
Bedford, Concord, Lexington, Lincoln and Natick. The advisory council shall
receive quarterly progress updates on the project’s development from MassDevelopment
and shall offer comment on local concerns and considerations regarding the progress
and development of the project.”
The amendment was adopted.
The bill, as amended, was then 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 relative
to expanding the military mission at Hanscom Air Force Base and the US Army
Soldier Systems Center (Natick)’’.
Sent to the House for concurrence in the amendment.
Recess.
There being no objection, at eighteen minutes before three o’clock P.M., the President declared a recess subject to the call of the Chair; and, at ten minutes past three o’clock P.M., the Senate reassembled, the President in the Chair.
PAPERS FROM THE HOUSE.
The House Bill relative to expanding the military mission at Hanscom Air Force Base and the US Army Soldier Systems Center (Natick) (House, No. 2008, amended),— came from the House with the endorsement that the House had NON-concurred in the Senate amendment inserting after section 5 (as printed) the following section:—
“SECTION 5A. MassDevelopment shall establish an advisory council of the municipal
governments in which Hanscom and Natick are located, which shall consist of
a representative, appointed by chief executive officer, from each of the towns
of Bedford, Concord, Lexington, Lincoln, and Natick. The advisory council shall
received quarterly progress updates on the project’s development from MassDevelopment
and shall offer comment on local concerns and considerations regarding the progress
and development of the project.”.
On motion of Ms. Fargo, the Senate receded from its amendment.
Emergency Preamble Adopted.
An engrossed Bill relative to expanding the military mission at Hanscom
Air Force Base and the US Army Soldier Systems Center (Natick) (see House, No.
2008, 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 9 to 0.
The bill was signed by the President and sent to the House for enactment.
Distinguished Guests.
There being no objection, the Chair (Ms. Walsh) (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair) introduced, seated in the Senate Gallery, Girl Scouts Troop 4412 from Scituate. They were the guests of Senator Hedlund.
PAPER FROM THE HOUSE.
Engrossed Bill — State Loan.
An engrossed Bill relative to expanding the military mission at Hanscom Air Force Base and the US Army Soldier Systems Center (Natick) (see House, No. 2008, amended) (which originated in the House), having been certified by the SenateClerk to be rightly and truly prepared for final passage, was put upon its final passage; and, this being a bill providing for the borrowing of money, in accordance with the provisions of Section 3 of Article LXII of the Amendments to the Constitution, the question on passing it to be enacted was deter- mined by a call of the yeas and nays, at eleven minutes past four o’clock A.M., as follows, to wit (yeas 36 — nays 0) [Yeas and Nays No. 3]:
|
YEAS.
|
|
| Antonioni, Robert A. | Menard, Joan M. |
| Augustus, Edward M., Jr. |
Montigny, Mark C. |
|
Baddour, Steven A. |
Moore, Richard T. |
| Barrios, Jarrett T. |
Murray, Therese |
| Berry, Frederick E. |
Nuciforo, Andrea F., Jr. |
| Brewer, Stephen M. |
O’Leary, Robert A. |
|
Brown, Scott P. |
Pacheco, Marc R. |
|
Buoniconti, Stephen J. |
Panagiotakos, Steven C. |
| Chandler, Harriette L. | Resor, Pamela |
| Creem, Cynthia Stone | Rosenberg, Stanley C. |
| Fargo, Susan C. | Spilka, Karen E. |
| Hart, John A., Jr. | Tarr, Bruce E |
| Havern, Robert A. | Timilty, James E. |
| Hedlund, Robert L. | Tisei, Richard R. |
|
Joyce, Brian A. |
Tolman, Steven A. |
|
Knapik, Michael R. |
Tucker, Susan C. |
|
Lees, Brian P. |
Walsh, Marian |
|
McGee, Thomas M. |
Wilkerson, Dianne — 36. |
|
NAYS — 0.
|
|
|
ABSENT OR NOT VOTING.
|
|
| Creedon, Robert S., Jr. | Shannon, Charles E. — 3. |
| Morrissey, Michael W. | |
The yeas and nays having been completed at a quarter past 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 Acting President and laid before the Governor for his approbation.
Order Adopted.
On motion of Mr. Berry,—
Ordered, That when the Senate adjourns today, it adjourn to meet again on Monday next at eleven o’clock A.M.
Adjournment in Memory of Patrick C. Forde.
The Senator from Norfolk, Bristol and Middlesex, Mr. Brown moved that when the Senate adjourns today, it adjourn in memory of Patrick C. Forde of Needham. Mr. Forde was a member of the staff of Representative Lida E. Harkins and a long-time participant in local government who died on Wednesday, January 26, 2005.
Accordingly, as a mark of respect to the memory of Patrick C. Forde, at seventeen minutes past four o’clock P.M., on motion of Mr. Lees, the Senate adjourned to meet again on Monday next at eleven o’clock A.M.