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, October 2, 2003.

Met at four minutes past eleven o’clock A.M. (Mr. Nuciforo 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. Nuciforo), members, guests and employees then recited the pledge of allegiance to the flag.

Petitions.

Petitions were presented and referred, as follows:

By Mr. Brewer, a petition (subject to Joint Rule 12) of Stephen M. Brewer, Brian Knuuttila and Mary Jane Simmons for legislation to designate a certain roadway in the Veteran’s Memorial cemetery in the town of Winchendon;

By Mr. Baddour (by request), a petition (subject to Joint Rule 12) of James N. Thivierge for legislation relative to municipal finance;

By the same Senator (by request), a petition (subject to Joint Rule 12) of James N. Thivierge for legislation relative to the annexation of municipal corporations; and

By the same Senator (by request), a petition (subject to Joint Rule 12) of James N. Thivierge for legislation relative to the sentencing of certain chronic repeat offenders;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.  

Reports of Committees.

By Ms. Chandler, for the committee on Housing and Urban Development, on petition (accompanied by resolve, Senate, No. 713), a Resolve establishing a special commission on enforcement of the state building code (Senate, No. 2101);
Read and, under Joint Rule 29, referred to the committees on Rules of the two branches, acting concurrently.  

By Ms. Tucker, for the committee on Human Services and Elderly Affairs, on petition, a Bill relative to telephonic reading (Senate, No. 775);

By the same Senator, for the same committee, on petition, a Bill to eliminate wage disparity among direct care workers for the mentally retarded (Senate, No. 823);

By the same Senator, for the same committee, on Senate, No. 826 and House, Nos. 706 and 3666, a Bill increasing the amount of money allowed for certain burial expenses (Senate, No. 826);

By Ms. Wilkerson, for the committee on State Administration, on petition, a Bill authorizing the Highway Department to convey sewer easements along Route 1 in Lynnfield, Saugus and Peabody (Senate, No. 1643);

By the same Senator, for the same committee, on petition, a Bill authorizing the development of a regional education, training and skills alliance center in the city of Taunton (Senate, No. 1686);

By the same Senator, for the same committee, on petition, a Bill authorizing the commissioner of conservation and recreation to modify, extinguish and relocate a certain easement in the city of Lawrence (Senate, No. 2083, changed by striking out section 6) [Local approval received]; and

By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 2067), a Bill authorizing the Commissioner of the Division of Capital Asset Management and Maintenance to convey certain land to Thayer Academy in Braintree, Massachusetts (Senate, No. 2100);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.  

By Ms. Chandler, for the committee on Housing and Urban Development, on petition, a Bill establishing the Ipswich affordable housing trust fund (Senate, No. 1987) [Local approval received]; and

By the same Senator, for the same committee, on petition, a Bill relating to the issuance of bonds by the town of Orleans for the purpose of creating and/or preserving affordable housing (Senate, No. 2021) [Local approval received];
Severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Committee Discharged.

Ms. Wilkerson, for the committee on State Administration, reported, asking to be discharged from further consideration of the Senate Bill authorizing the town of Tewksbury to grant certain utility easements (Senate, No. 2070),— and recommending that the same be referred to the committee on Local Affairs and Regional Government.
Under Senate Rule 36, the report was considered forthwith and accepted.
Sent to the House for concurrence. 

PAPERS FROM THE HOUSE.

A Bill relative to the issuance of additional liquor licenses in the town of Winchester (printed as Senate, No. 2032,— on petition) [Local approval received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.  

A report of the committee on Local Affairs and Regional Government, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 4081) of Louis L. Kafka and Jo Ann Sprague (by vote of the town) relative to the zoning law in the town of Sharon, and recommending that the same be referred to the committee on Housing and Urban Development,— was considered forthwith, under Senate Rule 36, and accepted, in concurrence.  

Communication.

The Clerk read the following communication:

COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS SENATE
STATE HOUSE. BOSTON 02133-1053

September 30, 2003.

Mr. Patrick F. Scanlan, Clerk
Massachusetts State Senate
State House, Room 335
Boston, MA 02133

Dear Mr. Clerk:

Last Thursday, September 25, 2003, due to an absence from the building, I missed two roll call votes. I had a longstanding commitment to make a presentation in Washington, D. C. during the Congressional Black Caucus Annual Conference. Had I been present, I would have voted in the affirmative on roll call vote number 326, pertaining to engrossment of Senate bill 2019 regarding commercial electronic mail; and roll call vote number 328, pertaining to drag racing in the city of Springfield.

I would respectfully request that this letter be published in the Senate Journal as part of the official record for Thursday, September 25, 2003. Thank you in advance for your assistance in this matter.

Sincerely,
DIANNE WILKERSON,
Senator,
Second Suffolk District.  

On motion of Mr. Tarr, the above communication was ordered printed in the Journal of the Senate.  

Resolutions.

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

Resolutions (filed by Mr. Barrios) “honoring Cola Franzen”;

Resolutions (filed by Mr. Brewer) “in recognition of the USS Yorktown and her crew”;

Resolutions (filed by Ms. Murray) “honoring Audrey Moran Loughnane as she completes her final term as a Barnstable Town Councillor”;

Resolutions (filed by Ms. Resor, Ms. Creem, Messrs. Shannon and Hedlund, Ms. Tucker, Messrs. Barrios, Moore and Panagiotakos and Mrs. Sprague) “memorializing the Congress of the United States to adequately fund the programs of the Veterans Administration”; and

Resolutions (filed by Messrs. Tarr and Lees, Ms. Fargo, Ms. Jacques, Messrs. Knapik, O’Leary, Tisei and Morrissey, Mrs. Sprague and Messrs. McGee and Brewer)”memorializing the Federal Energy Regulatory Commission to ensure that the Commonwealth continues to receive electric power under the Federal Niagara Redevelopment Act.”

Matters Taken Out of the Orders of the Day.

There being no objection, the following matters were taken out of the Orders of the Day and considered, as follows:

The Senate Bill regulating the use of Lowell Park in the town of Barnstable (Senate, No. 1935),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.  

The House Bill authorizing the town of Hingham to issue an additional license for the sale of all alcoholic beverages to be drunk on the premises (House, No. 3886),— was read a second time.

Mr. Hedlund presented an amendment, by striking out, in line 3, the words “Boston Golf Club”.
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, with the amendment, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act authorizing the town of Hingham to grant an additional license for the sale of all alcoholic beverages to be drunk on the premises”.
Sent to the House for concurrence in the amendment.
 

Report 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 Pamela P. Resor and Geoffrey D. Hall for legislation to further regulate trade.
Senate Rule 36 was suspended, on motion of Mr. Tolman, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Commerce and Labor.
Sent to the House for concurrence.

 PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4205) of Daniel E. Bosley relative to the date regional school districts are required to adopt operation and maintenance budgets;
Under suspension of Joint Rule 12, to the committee on Education, Arts and Humanities.

Petition (accompanied by bill, House, No. 4206) of Walter F. Timilty for legislation to designate a certain overpass in the town of Milton as the Private First Class Paul W. Curran Memorial Overpass;
Under suspension of Joint Rule 12, to the committee on Transportation.  

Emergency Preamble Adopted; Engrossed Bill Enacted.

An engrossed Bill establishing a sick leave bank for certain employees of the trial court (see House, No. 3818, 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 2 to 0.

The bill was signed by the Acting President and sent to the House for enactment.

Subsequently, the bill, which originated in the House, came from the House with the endorsement that it had been enacted in that branch.
The Senate then passed the bill to be enacted; and it was signed by the Acting President and laid before the Governor for his approbation.  

Engrossed Bill.

An engrossed Bill relative to a certain license for the sale of wines and malt beverages in the town of Milford (see House, No. 3728) (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.  

Order Adopted.

On motion of Mr. Tolman,—

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 Mr. Tarr, at a quarter past eleven o’clock A.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.