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

Monday, December 18, 2000.

Met at three minutes past eleven o’clock A.M.


Committee Change.

The President announced the resignation of Senator Moore of Worcester and Norfolk as a member of the committee on Bills in the Third Reading and the appointment of Senator Tolman of Middlesex and Suffolk to fill the vacancy.



A Bill relative to the payment of benefits by the New Bedford Police Association (House, No. 5413,— on petition),— was read and, under Senate Rule 26, referred to the committee on Steering and Policy.


A petition (accompanied by bill, House, No. 5508) of John A. Hart, Jr. (with the approval of the mayor and city council) relative to the accessing of private property by persons engaged in making deliveries in the city of Boston,— was referred, in concurrence, to the committee on the Judiciary.


Engrossed Bills.

An engrossed Bill expanding the powers of the licensing authority of the town of Brookline (see House, No. 4512, 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 President and again laid before the Governor for his approbation.


The following engrossed bills (the first 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 President and laid before the Governor for his approbation, to wit:

Changing the name of the Corporation for Business, Work and Learning (see Senate, No. 2309, printed as amended); and

Allowing forensic evaluations at certain facilities (see House, No. 2712).


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 House Bill authorizing the town of Lunenburg to appropriate money for the celebration of certain anniversaries (House, No. 5328),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.


The House Bill relative to the penalties for killing, maiming or poisoning an animal (House, No. 947, changed and amended) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time.
Pending the question on passing the bill to be engrossed, Ms. Creem presented an amendment, in section 3, by striking out the last paragraph and inserting in place thereof the following paragraph:—
“For the purpose of this section, the word ‘maliciously’ shall mean characterized by or involving malice; having or done with wicked, evil or mischievous intentions or motives; wrongful and done intentionally without just cause or excuse; or as a result of ill will.”.
This amendment was adopted.
The bill was then passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.


Bill Returned to the House
With Recommendation of Amendment.

The engrossed Bill relative to contracts between court reporters and an attorney, party or party having a financial interest in an action (see House, No. 4807) (which had been returned by His Excellency the Governor with recommendation of amendment) (for message, see House, No. 5336) came from the House with the endorsement that the House had refused to amend the bill,— was considered.
The rules were suspended, on motion of Ms. Fargo, and the matter was considered forthwith.
The President stated that pursuant to the provisions of Article 56 of the Amendments to the Constitution, the bill was before the Senate subject to amendment and re-enactment.
There being no amendment offered, the bill was returned to the House to be again enacted.


Order Adopted.

The following House Order (approved by the committees on Rules of the two branches, acting concurrently) was considered forthwith and adopted, in concurrence, to wit:

Ordered, That, notwithstanding the provisions of Joint Rule 10, the committee on Public Service be granted until Friday, December 22, 2000, the time within which to make its final report on current House documents numbered 5469 and 5478.



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

Resolutions (filed by Mrs. Sprague) “congratulating Plato Joseph Sermos of Walpole upon his elevation to the rank of Eagle Scout.”


Committee Changes.

The President announced the resignation of Senator Tolman of Middlesex and Suffolk as a member of the committee on Bills in the Third Reading and the reappointment of Senator Moore of Worcester and Norfolk thereto.


Order Adopted.

On motion of Mr. Hedlund,—

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

Adjournment in Memory of Arthur R. Lambert.

Mr. Birmingham moved that when the Senate adjourns today, it adjourn in memory of Arthur R. Lambert of Marlborough, a legislative aide to Senate President Birmingham and chief of staff to former Senator Robert A. Durand. The President stated how well respected Mr. Lambert was in the Senate and in his community, that he was a valued friend as well as an employee. The President further stated that Mr. Lambert's vitality was expressed in his family, friends and his politics.
Accordingly, as a mark of respect to the memory of Arthur R. Lambert, at ten minutes past eleven o'clock A.M, on motion of Mr. Hedlund, the Senate adjourned to meet again on the following Thursday at eleven o'clock A.M