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 9, 2003.

Met according to adjournment, at 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.

Petition.

Mr. Brewer presented a petition (subject to Joint Rule 12) of Stephen M. Brewer, Andrea F. Nuciforo, Jr., Stephen Kulik and Anne M. Gobi for legislation to establish a Inland Fish and Game Fund,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.  

Resolutions.

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

Resolutions (filed by Ms. Chandler and Mr. Moore) “honoring the contributions of pharmacists as they celebrate ‘Face of Pharmacy Day In Massachusetts’ ”;

Resolutions (filed by Mr. Magnani) “honoring Kathleen Glinski for her service to the Commonwealth”;

Resolutions (filed by Mr. Pacheco) “congratulating Angelina Frank Aranjo on the occasion of her ninetieth birthday celebration”; and

Resolutions (filed by Mr. Tisei) “on the dedication of the Wakefield Senior Center in memory of John J. McCarthy, Sr.”

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 authorizing the town of Braintree to transfer a certain parcel of town park land (House, No. 4129),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.  

PAPER FROM THE HOUSE.

Bill Returned with Recommendation of Amendment.

A message from His Excellency the Governor, returning with recommendation of amendment the engrossed Bill relative to drag racing in the city of Springfield (see House, No. 3835, amended) [for message, see House, No. 4209],— came from the House with endorsement that the House adopted the amendment (as recommended by the committee on Bills in the Third Reading) in the following form: In section 3, by striking out the fifth sentence (as engrossed) and inserting in place thereof the following sentence: “The court shall order the city to give notice by certified mail to the owner of said motor vehicle, moneys or other things of value and to such other persons as appear to have an interest therein, and the court shall promptly hold a hearing on the petition.”

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 House amendment was considered forthwith and adopted, in concurrence.
Sent to the House for re-enactment.
 

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 Guy W. Glodis for legislation to define employees classified in Group 4 for retirement purposes.
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.  

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 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.
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 State Administration.
Severally sent to the House for concurrence.  

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4222) of Bradford Hill and Bruce E. Tarr relative to certain zoning laws; and

Petition (accompanied by bill, House, No. 4223) of James E. Vallee and David P. Magnani relative to investigations of complaints against vicious dogs for damages incurred by person and property;
Severally, under suspension of Joint Rule 12, to the committee on Local Affairs and Regional Government.

Petition (accompanied by bill, House, No. 4224) of John J. Binienda and other members of the General Court relative to the fee for flashing light permits to volunteer firefighters, police or emergency medical technicians;

Petition (accompanied by bill, House, No. 4225) of Kevin G. Honan that the Registrar of Motor Vehicles be authorized to issue distinctive Massachusetts Cultural Council license plates for the establishment of a fund promoting education and the arts; and

Petition (accompanied by bill, House, No. 4226) of Frank M. Hynes relative to disabled veterans retaining rank in civil service;
Severally, under suspension of Joint Rule 12, to the committee on Public Safety.

A Bill relative to the finances of the Commonwealth (House, No. 4221,— on House, No. 3884, in part),— was read.
There being no objection, the rules were suspended, on motion of Mr. Magnani, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.  

Recess.

At twenty-two minutes past eleven o’clock A.M., the Chair (Mr. Rosenberg) declared a recess subject to the call of the Chair, and at a quarter before twelve o’clock noon, the Senate reassembled, Mr. Rosenberg in the Chair.

Order Adopted.

On motion of Mr. Tisei,—

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

PAPERS FROM THE HOUSE.

Emergency Preamble Adopted; Engrossed Bill Enacted.

An engrossed Bill relative to the finances of the Commonwealth (see House, No. 4221), 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.  

Adjournment in Memory of

Irving J. Yarock and Mildred A. O’Neill.

The Senator from Worcester, Ms. Chandler, requested that when the Senate adjourns today, it adjourn in memory of Irving J. Yarock of Worcester. Mr. Yarock served his country during World War II and was a prisoner of war for 30 months during the conflict. After the war he owned and operated Star Trading Company in Worcester until his retirement. Since his retirement, Mr. Yarock has been heavily involved in countless charitable and community endeavors.

The Senator from Hampden, Ms. Melconian, also requested that when the Senate adjourns today, it adjourn in memory of Mildred A. O’Neill, wife of former Speaker of the House, the late Thomas P. “Tip” O’Neill. Mildred A. O’Neill was the strong, silent, and sometimes not so silent, partner of our beloved “Tip” O’Neill. She was the mother of Rosemary, Thomas P. III, Susan, Christopher and the late Michael O’Neill.

Accordingly, as a mark of respect to the memories of Irving J. Yarock and Mildred A. O’Neill at five minutes past twelve o’clock noon, on motion of Mr. Tisei, the Senate adjourned to meet again on Tuesday next at eleven o’clock A.M.