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.


Seal of the
Commonwealth of Massachusetts

Wednesday, October 8, 2003.

[being the legislative session of Tuesday, October 7, 2003.]

Met at twenty-six minutes before two o’clock P.M. (Mr. Berry in the Chair).


Mr. Morrissey presented a petition (subject to Joint Rule 12) of Michael W. Morrissey for legislation to extend the eligibility of military personnel for civil service positions,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.  


A petition (accompanied by bill, House, No. 4216) of Kevin J. Murphy, Steven C. Panagiotakos, David M. Nangle and Thomas A. Golden, Jr. (with the approval of the city council) that the city of Lowell be authorized to pay a certain unpaid bill to Sprague Energy Corporation,— was referred, in concurrence, to the committee on Local Affairs and Regional Government.  

A Bill relative to the civil service eligibility list for fire service in the town of Norwood (House, No. 4165,— on petition) [Local approval received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.  


There being no objection, at twenty-five minutes before two o’clock P.M., the Chair (Mr. Berry) declared a recess subject to the call of the Chair; and, at five minutes before two o’clock P.M., the Senate reassembled, the President in the Chair.


Engrossed Bill Returned by Governor

With His Objections Thereto.

The engrossed Bill relative to exemptions for residential real property in the city of Cambridge (see House, No. 2185), which, on Thursday, September 25, 2003, had been laid before His Excellency the Governor for his approbation,— came from the House the same having been returned by His Excellency the Governor, with his objections thereto in writing (for message, see House, No. 4208) and having passed that branch, notwithstanding said objections.

The message (House, No. 4208) was read; and the Senate proceeded to reconsider the bill, in accordance with the provisions of the Constitution.

After debate, the question on passing the bill, in concurrence, the objections of His Excellency the Governor to the contrary notwithstanding, was determined by a call of the yeas and nays, as required by Chapter I, Section I, Article II, of the Constitution, at a quarter before three o’clock P.M., as follows, to wit (yeas 26 — nays 8) [Yeas and Nays No. 335]:

Baddour, Steven A. Menard, Joan M.
Barrios, Jarrett T. Moore, Richard T.
Berry, Frederick E. Morrissey, Michael W.
Brewer, Stephen M. Murray, Therese
Chandler, Harriette L. O’Leary, Robert A.
Creem, Cynthia Stone Pacheco, Marc R.
Fargo, Susan C. Panagiotakos, Steven C.
Glodis, Guy W. Resor, Pamela
Hart, John A., Jr. Rosenberg, Stanley C.
Havern, Robert A. Tolman, Steven A.
Jacques, Cheryl A. Travaglini, Robert E.
Magnani, David P. Tucker, Susan C.
McGee, Thomas M. Walsh, Marian — 26.
Creedon, Robert S., Jr. Lees, Brian P.
Hedlund, Robert L. Sprague, Jo Ann
Joyce, Brian A. Tarr, Bruce E.
Knapik, Michael R. Tisei, Richard R. — 8.
Yea. Nay.
Wilkerson Dianne (present) Melconian, Linda J — 2.
Antonioni, Robert A. Nuciforo, Andrea F., Jr.
Montigny, Mark C. Shannon, Charles E.— 4.

The yeas and nays having been completed at twelve minutes before three o’clock P.M., the bill was passed by the Senate, notwithstanding the objections of His Excellency the Governor, two-thirds of the members present having approved the same.  


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

Resolutions (filed by Mr. Joyce) “congratulating Elizabeth A. Galvin on the occasion of her retirement from the Canton Police Department.”


A petition (accompanied by bill, House, No. 4220) of Christopher J. Donelan and Stanley C. Rosenberg for payment from the state treasury of a certain sum of money to Adam Dzialo,— came from the House referred, under suspension of Joint Rule 12, to the House committee on Ways and Means; and the Senate concurred in the suspension of said joint rule.  

Order Adopted.

On motion of Mr. Creedon,—

Ordered, That when the Senate adjourns today, it adjourn to meet again tomorrow at eleven o’clock A.M., and that the Clerk be directed to dispense with the printing of a calendar.

Adjournment in Memory of Alexandra Zapp, Evan O’Neill and Paul V. Studenski.

The President requested that when the Senate adjourns today, it would adjourn in memory of Alexandra Zapp who was tragically killed last year at a rest stop on route 24 in Bridgewater.

The Senator from Essex, Mr. Baddour, also requested that when the Senate adjourns today, it adjourn in memory of Private First Class Evan O’Neill of Haverhill. Private O’Neill, 19, was killed last Monday in Afghanistan during a battle with Taliban Guerillas. He is the son of Michael J. O’Neill, an Andover Fire Lieutenant and Vietnam Veteran, and Barbara A. O’Neill. Those who knew him say that Private O’Neill had dreamed of serving his country in the military since childhood. He enlisted in 2002, soon after graduating from Whittier Regional Vocational High School with many awards for his academic and technical performance. He was known in his community for his strong morals and his exemplary character.

The Senator from Plymouth and Bristol, Mr. Creedon, also requested that when the Senate adjourns today, it adjourn in memory of Paul V. Studenski, a member of the House from Brockton in 1973 and 1974.

Accordingly, as a mark of respect to the memories of Alexandra Zapp, Evan O’Neill and Paul V. Studenski at eight minutes before three o’clock P.M., on motion of Mr. Lees, the Senate adjourned to meet again tomorrow at eleven o’clock A.M.