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UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.


Seal of the
Commonwealth of Massachusetts

JOURNAL OF THE SENATE.

Wednesday, April 28, 2004.

Met at one minute past eleven o’clock A.M. (Mr. Rosenberg in the Chair) (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

The Senator from Middlesex and Essex, Mr. Tisei, led the Chair (Mr. Rosenberg), members, guests and employees in the recitation of the pledge of allegiance to the flag.

Communications.

The following communications were severally placed on file:

Communication from the Plainridge Racecourse (under the provisions of Section 2 of Chapter 128 of the General Laws) submitting copies of contracts for incoming signals (received Wednesday, April 14, 2004); and

Communication from the Executive Office for Administration and Finance (under Section 3B of Chapter 7 of the General Laws) submitting notice of the Secretary’s intention to amend regulations affecting certain fees for licenses, permits; and services charged by state agencies (received Wednesday, April 21, 2004).

Report.

A report of the Massachusetts Bay Transportation Authority (pursuant to section 151 of Chapter 127 of the Acts of 1999) submitting its Fiscal Year 2005 through Fiscal Year 2009 Capital Investment program (received Monday, April 26, 2004),— was placed on file.

Petitions.

Mr. Morrissey presented a petition (accompanied by bill, Senate, No. 2337) of Michael W. Morrissey, A. Stephen Tobin, Bruce J. Ayers and Ronald Mariano (with the approval of the mayor and city council) for legislation to authorize the city of Quincy to establish an affordable housing trust fund [Local approval received],— and the same was referred, under Senate Rule 20, to the committee on Local Affairs and Regional Government.

Sent to the House for concurrence.

Petitions were presented and referred, as follows:

By Mr. Morrissey, a petition (subject to Joint Rule 12) of Michael W. Morrissey and Bruce J. Ayers for legislation to establish a sick leave bank for Fagota Tupe, an employee of the Department of Correction; and

By Ms. Resor, a petition (subject to Joint Rule 12) of Pamela P. Resor and Linda J. Melconian for legislation relative to the Massachusetts Turnpike Authority;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Committees Discharged.

Mr. Brewer, 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 Taxation to make an investigation and study of current Senate documents relative to taxation in the Commonwealth (Senate, No. 2335),— and recommending that the same be referred to the Senate committee on Senate Ethics and Rules.
Under Senate Rule 36, the report was considered forthwith and accepted.

Mr. Brewer, for the committees on Ethics and Rules, to whom was referred the Senate Order relative to authorizing the joint committee on Public Service to make an investigation and study of certain Senate documents relative to public service (Senate, No. 2302), reports, in part, asking to be discharged from further consideration of the Senate petition (accompanied by bill, Senate 2230) 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 recommending that the same be recommitted to the committee on Public Service.
Under Senate Rule 36, the report was considered forthwith and accepted.

PAPERS FROM THE HOUSE.

A message from His Excellency the Governor (under the provisions of Article LXXXIX of the Amendments to the Constitution) recommending legislation relative to authorizing the town of Weston to appropriate from the community preservation fund (House, No. 4687),— was referred, in concurrence, to the committee on Taxation.

A Bill authorizing the Division of Capital Asset Management and Maintenance to convey certain land to the town of Whitman (House, No. 4688,— on House, No. 4529),— was read and, under Senate Rule 27, referred to the committee on Ways and Means.

Bills

Relative to damages for harmed assistance animals (House, No. 2829,— on petition);

Validating the special town election held in the town of Goshen (printed in House, No. 4244,— being a message from His Excellency the Governor); and

Providing for the annual observance of Guardian’s Day (House, No. 4482, amended,— on petition);
Were severally read and, under Senate Rule 26, referred to the committee on Steering and Policy.

Committee Discharged.

Ms. Creem, for the committee on Taxation, reported, asking to be discharged from further consideration of the recommitted petition (accompanied by bill, Senate, No. 1737) of Susan C. Fargo, Richard T. Moore, Brian A. Joyce, Bruce E. Tarr and other members of the General Court for legislation relative to the public listing of state tax delinquents,— and recommending that the same be referred to the Senate committee on Ways and Means.

Under Senate Rule 36, the report was considered forthwith and accepted.

Subsequently, Ms. Murray, for the committee on Ways and Means, reported, on petition, a Bill relative to the public listing of state tax delinquents (Senate, No. 1737).
The bill was read. There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time and ordered to a third reading.

Resolutions.

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

Resolutions (filed by Mr. Magnani) “congratulating Edward Albert Roos upon his elevation to the rank of Eagle Scout”; and

Resolutions (filed by Ms. Resor) “recognizing the public interest in supporting the Council of State Governments.”

PAPER FROM THE HOUSE.

A Bill relative to voting precincts in the town of Amherst (printed in House, No. 4421,— being a message from His Excellency the Governor),— was read.
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.

Motions to Take out of the Orders of the Day — Objections.

The Chair (Mr. Rosenberg) requested that the following matter be taken out of the Orders of the Day:

The Senate Bill relative to frozen desserts and frozen dessert mix (Senate, No. 586),— but objection was made thereto by Mr. Tisei.

The Chair (Mr. Rosenberg) requested that the following matter be taken out of the Orders of the Day:

The Senate Bill relative to licensing of milk pasteurization plants located within the Commonwealth (Senate, No. 596),— but objection was made thereto by Mr. Tisei.

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 relative to certain separate accounts (printed as Senate, No. 850),— was read a second time and ordered to a third reading.

Motions to Take Out of the Orders of the Day — Objections.

The Chair (Mr. Rosenberg) requested that the following matter be taken out of the Orders of the Day:

The Senate Bill to extend the ban on assault weapons and further reduce gun violence in the Commonwealth (Senate, No. 2282),— but objection was made thereto by Mr. Tisei.

The Chair (Mr. Rosenberg) requested that the following matter be taken out of the Orders of the Day:

The House Bill relative to campaign finance (House, No. 1268, changed),— but objection was made thereto by Mr. Tisei.

PAPERS FROM THE HOUSE.

Engrossed Bills.

The following engrossed bills (both 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 Acting President and laid before the Governor for his approbation, to wit:

Authorizing the town of Palmer to establish a special revenue fund (see Senate, No. 1947); and

Establishing a preservation fund in the town of Hubbardston (see Senate, No. 2074).

Reports of Committees.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill authorizing the funding of the production and modification of housing for people with disabilities (Senate, No. 734),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time and ordered to a third reading.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill relative to special veterans plates (Senate, No. 1274, changed),— ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2338).
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2338) was then ordered to a third reading.

By Mr. Brewer, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Steven A. Baddour for legislation relative to the Essex regional retirement system and Diane Huster.
Senate Rule 36 was suspended, on motion of Mr. Tisei, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Service.

Sent to the House for concurrence.

PAPER FROM THE HOUSE.

A petition (accompanied by bill, House, No. 4697) of David M. Torrisi and Michael A. Costello relative to corporate credit unions,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Banks and Banking.

Order Adopted.

On motion of Mr. Tisei,—

Ordered, That when the Senate adjourns today, it adjourn to meet again tomorrow at one o’clock P.M., in a full formal session.

On motion of the same Senator, at fourteen minutes past eleven o’clock A.M., the Senate adjourned to meet on the following day at one o’clock P.M.