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, September 9, 2004.

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

The Chair (Mr. Havern), members, guests and employees then recited the pledge of allegiance to the flag.

Communication — Appointments.

A communication from the Honorable Robert E. Travaglini, President of the Senate, announcing the appointments of Senator Richard T. Moore, Senate Chairman of the Joint Committee on Health Care, Dr. Eric M. Weil, Board of Health Director, City of Revere/Unit Chief of Adult Medicine, Massachusetts General Hospital Revere, and Mr. Ernest P. Gates, Jr., R.Ph. F.A.S.C.P., Pharmacy Consultant, to the special commission established (pursuant to Section 355 of Chapter 149 of the Acts of 2004) to make an investigation and study of the impact and effects on youth of the abuse of OxyContin and other prescription and illicit drugs,— was placed on file.

Resolutions.

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

Resolutions (filed by Mr. Joyce) “congratulating Lisa Marie Byrne”;

Resolutions (filed by Mr. Joyce) “congratulating Elizabeth Rose White”;

Resolutions (filed by Messrs. McGee and Barrios) “congratulating the town of Saugus on its three hundred and seventy-fifth anniversary”;

Resolutions (filed by Mr. Pacheco) “congratulating John and Mary DePina”; and

Resolutions (filed by Mr. Panagiotakos) “congratulating the town of Westford on the two hundred and seventy-fifth anniversary of its incorporation.”

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 Senate Bill relative to civil service positions in the city of Northampton (Senate, No. 2441),— was read a second time.

Pending the question on ordering the bill to a third reading, Mr. Rosenberg presented an amendment in section 1, by striking out the words “up to and including the Police Chief” and inserting in place thereof the following words:— “set forth in paragraph (b)”; and in section 1, paragraph (b), by inserting after the word “Officers” the following words:— “, effective July 1, 2003,”.
The amendment was adopted.
The bill (Senate, No. 2441, amended) was then ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

Report of a Committee.

Mr. Magnani, 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 relative to the police powers of the University of Massachusetts at Amherst (House, No. 4832).
There being no objection, the rules were suspended, on motion of Mr. Moore, and the bill 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 relative to the residency requirement of the town manager of the town of Concord (House, No. 4475,— on petition),— was read.
There being no objection, the rules were suspended, on motion of Mrs. Sprague, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Emergency Preamble Adopted.

An engrossed Bill establishing a sick leave bank for Thomas F. Sweeney, Jr., an employee of the Department of Correction (see Senate, No. 2333, 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 4 to 0.
The bill was signed by the Acting President and sent to the House for enactment.

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 Acting President and laid before the Governor for his approbation, to wit:

Authorizing the State Board of Retirement to grant creditable service to Sandra Pigaga (see Senate, No. 2457); and

Allowing students with cystic fibrosis to self administer enzyme supplements (see House, No. 4409).

House Orders.

The following House Orders (severally approved by the committees on Rules of the two branches, acting concurrently) were severally considered forthwith and adopted in concurrence, as follows, to wit:

Ordered, That notwithstanding the provisions of Joint Rule 10, the committee on Banks and Banking be granted until Friday, October 1, 2004 the time within which to report on the current House Bill 4697 relative to corporate credit unions.

Ordered, That notwithstanding the provisions of Joint Rule 10, the committee on Public Service be granted until Sunday, October 31, 2004 the time within which to report on current House documents numbered 4815, 4940, 4960, 4962, 4963 and 5017 and Senate document numbered 2452.

Recess.

There being no objection, at twelve minutes past eleven o’clock A.M., the Chair (Mr. Havern) declared a recess subject to the call of the Chair; and, at twenty-two minutes past one o’clock P.M., the Senate reassembled, Mr. Havern in the Chair.

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 Acting President and laid before the Governor for his approbation, to wit:

Establishing a sick leave bank for Thomas F. Sweeney, Jr., an employee of the Department of Correction (see Senate, No. 2333, amended);

Relative to the residency requirement of the town manager of the town of Concord (see House, No. 4475);

Relative to the appointment of members to certain commissions in the town of Framingham (see House, No. 4851, changed); and

Relative to the charter of the city of Lawrence (see House, No. 4959).

Engrossed Bill.

An engrossed Bill authorizing the Rockland Sewer Commission to enter into a contract for the disposal of sewage and the Abington/Rockland joint water works to enter into a contract for the supply of water (see House Bill, printed in House, No. 4998) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be enacted, two-thirds of the members present having voted in the affirmative, and it was signed by the Acting President and laid before the Governor for his approbation.

Emergency Preamble Adopted.

An engrossed Bill relative to the disposition of certain land in the city of Lowell (see Senate, No. 2421, changed and 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 3 to 0.
The bill was signed by the Acting President and sent to the House for enactment.

Recess.

There being no objection, at twenty-six minutes past one o’clock P.M., the Chair (Mr. Havern) declared a recess subject to the call of the Chair; and, at two minutes past seven o’clock P.M., the Senate reassembled, Mr. Tolman in the Chair. (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

PAPERS FROM THE HOUSE.

A Bill making appropriations for the fiscal year 2004 to provide for supplementing certain existing appropriations and for certain other activities and projects (House, No. 5076,— on House, No. 4800, in part),— was read.
There being no objection, the rules were suspended, on motion of Mrs. Sprague, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

A Bill providing for a special election in the city of Lawrence (House, No. 4886,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mrs. Sprague, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Emergency Preamble Adopted.

An engrossed Bill making appropriations for the fiscal year 2004 to provide for supplementing certain existing appropriations and for certain other activities and projects (see House, No. 5076), 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 3 to 0.
The bill was signed by the Acting President (Mr. Tolman) and sent to the House for enactment.

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 Acting President (Mr. Tolman) and laid before the Governor for his approbation, to wit:

Relative to the disposition of certain land in the city of Lowell (see Senate, No. 2421, changed and amended);

Relative to the police powers of the University of Massachusetts at Amherst (see House, No. 4832);

Providing for a special election in the city of Lawrence (see House, No. 4886); and

Making appropriations for the fiscal year 2004 to provide for supplementing certain existing appropriations and for certain other activities and projects (see House, No. 5076).

Order Adopted.

On motion of Mr. Moore,—

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 Mrs. Sprague, at eight o’clock P.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.