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.

Thursday, September 23, 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.

PAPERS FROM THE HOUSE.

Bills

Exempting the position of town hall custodian of the town of Stoneham from the civil service law (House, No. 4803,— on petition) [Local approval received]; and

Authorizing the town of Adams to grant an additional license for the sale of all alcoholic beverages to be drunk on the premises to Ericfly, Inc. (House, No. 4984,— on petition) [Local approval received];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Emergency Preamble Adopted.

An engrossed Bill establishing a sick leave bank for Noreen Whitaker, an employee of the Department of Fire Services (see House, No. 5065), 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.

Resolutions.

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

Resolutions (filed by Mr. Baddour) “honoring Cheryl Bridges Treworgy and Shalane Flanagan”;
Resolutions (filed by Mr. Brewer) “in recognition of Hedi Swiacki Kay”;
Resolutions (filed by Mr. Brewer) “in recognition of St. Peter’s Church of Petersham”;
Resolutions (filed by Mr. Hedlund) “upon the retirement of Robert West, superintendent of the Weymouth public school system”;
Resolutions (filed by Mr. Joyce) “on the occasion of the seventy-fifth anniversary of the Michael Romanuk Post 1645 Veterans of Foreign Wars”;
Resolutions (filed by Mr. Knapik) “in celebration of Polish-American Heritage Month”;
Resolutions (filed by Mr. McGee) “congratulating the 2004 United States baseball women’s national team”;
Resolutions (filed by Ms. Menard) “on the occasion of National Alcohol and Drug Addiction Recovery Month”;
Resolutions (filed by Ms. Murray and Mr. O’Leary) “Congratulating Conductor Royston Nash on his twenty-fifth anniversary with the Cape Symphony Orchestra”;
Resolutions (filed by Mr. Pacheco) “congratulating Vincent Chiappini upon his elevation to the rank of Eagle Scout”;
Resolutions (filed by Mr. Pacheco) “on the occasion of the golden wedding anniversary of Joseph and Ann Johnson”;
Resolutions (filed by Mr. Shannon) “congratulating John Francis McEachern on the happy occasion of his ninetieth birthday”;
Resolutions (filed by Mrs. Sprague) “congratulating Jason E. Perreault of Rehoboth upon his elevation to the rank of Eagle Scout”; and
Resolutions (filed by Mr. Tarr) “congratulating the Erie Fire Association #4, Inc., on the occasion of its one hundred and fiftieth anniversary.”

Reports of Committees.

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 Brian P. Lees for legislation to direct the State Retirement Board to retire Robert Emmet Fitzgerald.
Senate Rule 36 was suspended, on motion of Mr. Hedlund, 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.

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 Marc R. Pacheco for legislation to establish a sick leave bank for a certain employee of the Department of Mental Retardation, Trisha A. Sarvia.
Senate Rule 36 was suspended, on motion of Mr. Hedlund, 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.

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 Senate Bill designating a memorial name to an intersection in Lynn (Senate, No. 2483).
There being no objection, the rules were suspended, on motion of Mr. Hedlund, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act designating a certain intersection in the city of Lynn”.
Sent to the House for concurrence.

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 establishing a sick leave bank for a certain employee of the Department of Social Services (House, No. 4841).
There being no objection, the rules were suspended, on motion of Mr. Hedlund, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Report of a Committee.

By Ms. Murray, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Linda J. Magno, an employee of the Department of Mental Retardation (House, No. 5031),— ought to pass, with an amendment by adding the following sentence: “Whenever Ms. Magno terminates employment with the department or requests to dissolve the sick leave bank, the balance of the sick leave time shall be transferred to the extended illness leave bank.”
There being no objection, the rules were suspended, on motion of Mr. Hedlund, and the bill was read a second time, and was amended as recommended by the committee on Ways and Means. The bill, as amended, was then ordered to a third reading, read a third time and was passed to engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

Engrossed Bill Returned by Governor.

The engrossed Bill authorizing the State Board of Retirement to grant creditable service to Sandra Pigaga (Senate, No. 2457) (which on Thursday, September 9, 2004, had been laid before the Governor for his approbation) was returned, unsigned, by His Excellency the Governor, on Thursday, September 16, 2004 at ten minutes past four o’clock P.M. [for message see Senate, No. 2485].
The message (Senate, No. 2485) was read, and, on motion of Mr. Hedlund referred to the committee on Bills in the Third Reading.

PAPER FROM THE HOUSE.

Bills Returned with Recommendation of Amendment.

A message from His Excellency the Governor, returning with recommendation of amendment the engrossed Bill relative to the charter of the city of Lawrence (House, No. 4959) [for message, see House, No, 5078],— came from the House with endorsement that the House adopted the amendment recommended by the Governor (as approved by the committee on Bills in the Third Reading) as follows:—

“In section 1 (as printed) by striking out the word ‘expired’ and inserting in place thereof the word ‘unexpired’.

The message was read; and, under the provisions of Article LVI of the Amendments to the Constitution, the bill was before the Senate subject to amendment and re-enactment.

The Senate then adopted the amendment recommended by the Governor.
Sent to the House for re-enactment.

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 establishing the Mattapoisett River Valley water district (House, No. 4839),— was read a second time.

Mr. Pacheco presented an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2486.
The amendment was adopted.
The bill, as amended, was ordered to a third reading, read a third time and was passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

PAPERS FROM THE HOUSE.

A Bill authorizing the town of Pembroke to borrow certain sums of money (House, No. 4814,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Hedlund, 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 relative to the reduction of rank for members of the fire department of the city of Boston (House, No. 4791,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Hedlund, 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 relative to the terms of certain bonds of the city of Revere to be issued to finance the construction of a public safety facility (House, No. 4964,— on House, No. 4733) [Local approval received on House, No. 4733],— was read.
There being no objection, the rules were suspended, on motion of Mr. Hedlund, 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 relative to the reduction in rank for certain public employees in the city of Haverhill (House, No. 4736,—- on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Hedlund, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Motion to Take Out of the Orders of the Day — Objection.

The Chair (Mr. Havern) requested that the following matter be taken out of the Orders of the Day and considered forthwith:

The Senate Bill relative to further regulating trade (Senate, No. 2110),— but objection was made thereto by Mr. Hedlund.

PAPER FROM THE HOUSE.

Engrossed Bill.

An engrossed Bill relative to the charter of the city of Pittsfield (see House, No. 5034) (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 and was signed by the Acting President and laid before the Governor for his approbation.

Recess.

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

Order Adopted.

On motion of Mr. Hedlund,—

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 the same Senator, at twenty-two minutes before one o’clock P.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.