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, December 2, 2004.

Met at five 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.

Communication.

A communication was received from the Honorable Robert E. Travaglini, President of the Senate, announcing the appointment of Mary K. Grant to a three-year term on the state board of the Massachusetts Commission on Women (pursuant to Section 66 of Chapter 3 of the General Laws) (received in the Office of the Clerk of the Senate on Thursday, December 2, 2004).
The communication was placed on file.

Petition.

Mr. Moore presented a petition (accompanied by hill, Senate, No. 2508) of Richard T. Moore (by vote of the town) for legislation to authorize the purchase of property for school and general municipal purposes in the town of Uxbridge [Local approval received],— and the same was referred, under Senate Rule 20, to the committee on Local Affairs and Regional Government.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 5134) of Mark J. Carron, Paul K. Frost, Paul Kujawski and Richard T. Moore (by vote of the town) that the town of oxford be authorized to provide financial assistance to homeowners to replace certain water supply wells in the area of Sacarrappa Pond; and
Petition (accompanied by bill, House, No. 5135) of Mark J. Carron, Paul K. Frost, Paul Kujawski and Richard T. Moore (by vote of the town) relative to amending the charter of the town of Oxford concerning parliamentary rules governing town meetings;
Severally to the committee on Local Affairs and Regional Government.

Bills

Establishing a sewer district in the town of Egremont (House, No. 4888,— on petition) [Local approval received); and
Relative to elections in the town of North Attleborough (House, No. 5012,— on petition) [Local approval received];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

A report of the committee on Natural Resources and Agriculture, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 5097) of Reed V. Hillman, Mark J. Carron, Richard T. Moore and Stephen M. Brewer that funds received from the State of Connecticut for flood control and water resources utilization of the Thames River be distributed to certain towns affected by said project, and recommending that the same be referred to the committee on Taxation,— was considered forthwith, under Senate Rule 36, and accepted, in concurrence.

Resolutions.

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

Resolutions (filed by Messrs, O’Leary and Barrios, Ms. Creem, Messrs. Joyce and Moore, Ms. Murray, Messrs. Nuciforo, Rosenberg and Shannon and Ms. Walsh) “in celebration and support of Bill of Rights Day”;
Resolutions (filed by Mr. Pacheco) “congratulating Silvina Fernandes on the occasion of her seventy-sixth birthday”; and
Resolutions (filed by Mrs. Sprague) “congratulating the Walpole High School Field Hockey Team.”

Engrossed Bill Returned by Governor With Recommendation of Amendment.

The engrossed bill relative to the appointment of retired police officers in the town of Wakefield (see Senate, No. 2375) (which on Monday, November 22, 2004, had been laid before the Governor for his approbation), was returned to the Senate Clerk by the Governor on Wednesday, December 1, 2004 at twenty-four minutes past four o’clock P.M., with a message recommending an amendment [for message, see Senate, No. 2507].

The message (Senate, No. 2507) was read and the Senate proceeded to reconsider the bill, in accordance with the provisions of Article LVI of the Amendments to the Constitution.
Pending action thereon, the bill was referred to the committee on Bills in the Third Reading, on motion of Mr. Brown.

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 Senate Bill designating a certain bridge in the city of Waltham as the William F. Stanley bridge (Senate, No. 1863),— was read a third time and passed to be engrossed.
Sent to the House for concurrence.

Reports of a Committee.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill restricting the authority of the Holyoke Power and Electric Company and the Holyoke Water Power Company (Senate, No. 1942),— ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 2509).
The rules were suspended, on motion of Mr. Moore, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2509) was then ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

By Ms. Murray, for the committee on Ways and Means, that the House Bill further regulating insurance laws of the commonwealth (House, No. 24, changed),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Havern, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence, its title having been changed by the committee on Bills in the Third Reading to read as follows:— “An Act amending the insurance laws.”

By Ms. Murray, for the committee on Ways and Means, that the House Bill authorizing the town of Hingham to issue pension obligation bonds (House, No. 3688),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Brown, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

By Ms. Murray, for the committee on Ways and Means, that the House Bill further preventing insurance fraud in the Commonwealth (House, No. 4713),— ought to pass, with an amendment, striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2510.
There being no objection, the rules were suspended, on motion of Mr. Moore, 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 passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

PAPERS FROM THE HOUSE.

A Bill establishing the Athol development and industrial corporation (House, No. 5004,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Havern, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Engrossed Bills.

The following engrossed bills (the first two of which originated in the Senate), 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:

Designating a certain bridge in the town of Barre as the Private First Class Edward J. Cormier Memorial Bridge (see Senate, No. 2280, changed);
Relative to certain housing in the town of Lincoln (see Senate, No. 2453); and
Relative to unlawful conduct by nonresidents of public housing (see House, No. 1705).

An engrossed Bill relative to the use of certain funds by municipalities (see House, No. 4184, changed and amended) (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 re-enacted and was signed by the Acting President and again laid before the Governor for his approbation.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 5142) of Peter V. Kocot and other members of the House for legislation to establish a supplemental fuel aid fund;
Under suspension of Joint Rule 12, to the committee on Energy.

Petition (accompanied by bill, House, No. 5143) of David M. Torrisi, Steven A. Baddour and Arthur J. Broadhurst for legislation to authorize Matthew Conlon to take a civil service examination for the position of police officer, notwithstanding the maximum age requirement;
Under suspension of Joint Rule 12, to the committee on Public Service.

Order Adopted.

On motion of Mr. Havern,—

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. Moore, at nineteen minutes past eleven o’clock A.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.