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.

Monday, November 8, 2004.

Met at ten minutes past eleven o’clock A.M. (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).

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

Communications.

The following communications were severally sent to the House for its information.

Communication from the Department of Public Health relative to a plan of correction submitted pursuant to inspection of M.C.I. Concord (received Wednesday, November 3, 2004);
Communication from the Department of Public Health relative to a plan of correction submitted pursuant to inspection of the Correctional Alternative Center (received Wednesday, November 3, 2004); and
Communication from the Department of Public Health relative to a plan of correction submitted pursuant to inspection of the Essex County Correctional Facility (received Wednesday, November 3, 2004).

Reports.

The following reports were severally read and sent to the House for its information:

A report of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) relative to inspection of the Franklin County Jail and House of Correction (received Thursday, November 4, 2004);
A report of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) relative to inspection of the Hampshire County Jail and House of Correction (received Thursday, November 4, 2004); and
A report of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) relative to inspection of the Western Massachusetts Correctional Alcohol Center (received Thursday, November 4, 2004).

Petition.

Mr. Moore presented a petition (subject to Joint Rule 12) of Richard T. Moore for legislation to provide relief for taxpayers receiving a supplemental tax bill,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Report of a Committee.

By Ms. Fargo, for the committee on Local Affairs and Regional Government, on petition, a Bill relative to the charter in the city of Peabody (Senate, No. 2492) [Local approval received];
Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Resolutions.

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

Resolutions (filed by Mr. Joyce) “congratulating Thomas Alexander Keleher for 35 years of service to the Canton Police Department”;
Resolutions (filed by Mr. Pacheco) “commending Ralph Lavoie”;
Resolutions (filed by Mr. Pacheco) “honoring the memory of John J. Van Gyzen, IV”;
Resolutions (filed by Mrs. Sprague) “congratulating Jeremy Salvatore Calnan of Foxboro upon his elevation to the rank of Eagle Scout”;
Resolutions (filed by Mrs. Sprague) “congratulating Kenneth R. Hede of Walpole upon his elevation to the rank of Eagle Scout”; and
Resolutions (filed by Mrs. Sprague) “congratulating Karl Buckman Yando of Seekonk upon his elevation to the rank of Eagle Scout.”

Papers from the House.

Engrossed Bill — Amended.

The engrossed Bill relative to the founders of Boston University (see House, No. 5079) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— came before the Senate for its final passage.

On motion of Mr. Barrios, Senate Rule 49 was suspended.

Mr. Berry presented an amendment that the engrossed bill be amended by inserting before the enacting clause the following emergency preamble:—

Whereas, The deferred operation of this act would tend to defeat its purpose, which is forthwith to designate John Silber as a founder of Boston University, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”; and

By striking out section 2.
The amendments were adopted.
Sent to the House for concurrence in the amendments.

Emergency Preamble Adopted.

An engrossed Bill authorizing the Division of Capital Asset Management and Maintenance to convey a certain parcel of land to the town of Westfield (see House, No. 5035, 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.

Engrossed Bills.

The following engrossed bills (all of which originated in the House), 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:

Relative to the issuance of certain bonds by the town of East Longmeadow (see House, No. 4731);
Authorizing deferment of the Hale Hospital deficit notes by the city of Haverhill (see House, No. 4735); and
Prohibiting the recording of certain productions (see House, No. 4863, changed).

A petition (accompanied by bill, House, No. 5126) of Antonio F. D. Cabral, Mark C. Montigny, John F. Quinn, Joan M. Menard and Robert M. Koczera for legislation to extend a certain leave of absence for Philip Rapoza, an associate justice of the Appeals Court,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on the Judiciary.

Report of a Committee.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill establishing the Quaboag and Ware River Valley Heritage District Commission (Senate, No. 1198),— ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 2502).

There being no objection, the rules were suspended, on motion of Mr. Knapik, and the bill was read a second time and was amended as recommended by the committee on Ways and Means.
The bill (Senate, No. 2502) was then ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

Paper from the House.

The House Bill relative to the operation of motorized scooters (House, No. 1544, amended),— came from the House with the endorsement that the House had concurred in the Senate amendment in section 1 (as printed), in line 4, by striking out the word “tandem” (inserted by amendment by the House); in line 16, by striking out the word “twenty-five” and inserting in place thereof the figures “20”; and in lines 19 to 29, inclusive, by striking out the sentence contained therein and inserting in place thereof the following sentence: “A person operating a motorized bicycle or motorized scooter upon a way shall have the right to use all public ways in the commonwealth except limited access or express state highways where signs specifically prohibiting bicycles and scooters have been posted, and shall be subject to all traffic laws and regulations of the commonwealth and the regulations contained in this section, except that: (1) a motorized bicycle or scooter operator shall keep to the right side of the road at all times, including when passing a motor vehicle which is moving in the travel lane of the way; and (2) the motorized bicycle or scooter shall be equipped with operational stop and turn signals so that the operator can keep both hands on the steering bars at all times.” with a further amendment striking out all after the enacting clause and inserting in place thereof the text of House document numbered 5125.
The rules were suspended, on motion of Mr. Barrios, and the House amendment was considered forthwith and adopted, in concurrence.

Order Adopted.

On motion of Mr. Knapik,—

Ordered, That when the Senate adjourns today, it adjourn to meet again on Wednesday 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. Barrios, at a half past eleven o’clock A.M., the Senate adjourned to meet on the following Wednesday at eleven o’clock A.M.