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

Wednesday, December 31, 2003.

Met at four minutes past eleven o’clock A.M. (Mr. Hart 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. Hart), members, guests and employees then recited the pledge of allegiance to the flag.

Communications.

A communication was received from the President of the Senate announcing that he had reappointed Susana Segat as a Commissioner of the Commission on the Status of Women (established under Section 66 of Chapter 3 of the General Laws) for the term of November, 2003 to November, 2006.

A communication from Wonderland Greyhound Park, Inc. (under the provisions of Section 2 of Chapter 128 of the General Laws) submitting copies of simulcasting contracts entered into by Wonderland (received Monday, December 22, 2003),— was placed on file.

Reports.

The following reports were severally read and placed on file:

A report of the Barnstable County Register of Deeds (under the provisions of Section 4 of Chapter 4 of the Acts of 2003 and Section 2KKK of Chapter 29 of the General Laws) submitting its initial plan for an expenditure of funds from the County Registers Technology Fund (received Wednesday, December 3, 2003); and

A report of the Norfolk County Register of Deeds (under the provisions of Section 4 of Chapter 4 of the Acts of 2003 and Section 2KKK of Chapter 29 of the General Laws) submitting its plan of expenditure from the County Registers Technological Fund (received Monday, December 15, 2003).

Petitions.

Petitions were presented and referred, as follows:

By Mr. Hart, a petition (subject to Joint Rule 12) of John A. Hart, Jr. for legislation to authorize Thomas P. Flaherty, Jr. to take a civil service examination for the position of firefighter in the city of Boston notwithstanding the maximum age requirement;

By Mr. Havern, a petition (subject to Joint Rule 12) of Robert A. Havern for legislation to authorize the Massachusetts Teachers’ Retirement Board to recalculate pension benefits paid to Marie Walsh; and

By Mr. Joyce (by request), a petition (subject to Joint Rule 12) of Kyla Bennett for legislation to authorize the Division of Capital Asset Management and Maintenance to convey a certain parcel of land located in the towns of Easton and Raynham;

Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Papers from the House.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4399) of Rachel Kaprielian, Steven A. Tolman and Peter J. Koutoujian (by vote of the town) relative to defining the computation of time in the issuance of notices in the charter of the city known as the town of Watertown;

Petition (accompanied by bill, House, No. 4400) of Deborah B. Goldberg, Frank I. Smizik, Cynthia S. Creem, Brian Paul Golden, Michael F. Rush, Jeffrey Sánchez and others (by vote of the town) relative to the investment of trust funds by the town of Brookline;

Petition (accompanied by bill, House, No. 4401) of William M. Straus, Mark C. Montigny and others (by vote of the town) that the school department of the town of Fairhaven be authorized to expend certain revenue derived from advertising in the public schools of said town; and

Petition (accompanied by bill, House, No. 4402) of William M. Straus, Marc R. Pacheco and others (by vote of the town) relative to sewer assessments in the town of Marion and regulating the annual payments and rate of interest on such assessments;

Severally to the committee on Local Affairs and Regional Government.

Petition (accompanied by bill, House, No. 4403) of Deborah B. Goldberg, Frank I. Smizik, Cynthia S. Creem, Brian Paul Golden, Michael F. Rush, Jeffrey Sánchez and others (by vote of the town) relative to the appointment of the chief of the fire department of the town of Brookline;

To the committee on Public Safety.

Petition (accompanied by bill, House, No. 4404) of Deborah B. Goldberg, Frank I. Smizik, Cynthia S. Creem, Brian Paul Golden, Michael F. Rush, Jeffrey Sánchez and others (by vote of the town) that the town of Brookline be authorized to issue pension obligation bonds; and

Petition (accompanied by bill, House, No. 4405) of Deborah B. Goldberg, Frank I. Smizik, Cynthia S. Creem, Brian Paul Golden and others (by vote of the town) relative to the appointment of the chief of the fire department of the town of Brookline;

Severally to the committee on Public Service.

A Bill authorizing the town of Westwood to issue licenses for the sale of all alcoholic beverages and wine and malt beverages to be drunk on the premises (House, No. 4361,— on House, No. 3992) [Local approval received],— was 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 considered forthwith and adopted, as follows:—

Resolutions (filed by Mr. Joyce) “congratulating Deborah Ouellette for her years of service to the Randolph community.”

Engrossed Bill Returned by Acting Governor With

Recommendation of Amendment.

The engrossed Bill relative to the Upper Blackstone Water Pollution Abatement District (Senate, No. 1989, amended), (which on Monday, December 22, 2003, had been laid before the Governor for his approbation), was returned to the Senate Clerk by the Secretary of State, Acting Governor, on Tuesday, December 30, 2003 at eleven minutes past three o’clock P.M., with a message [for message, see Senate, No. 2182] recommending an amendment.

The message (Senate, No. 2182) was read and the Senate proceeded to reconsider the amendment, in accordance with the provisions of Article LVI of the Amendments to the Constitution.

The rules were suspended, on motion of Mrs. Sprague, and the amendment recommended by the Acting Governor was considered, as follows:

“Striking out the last sentence in section 2 and inserting in place thereof the following sentence: “The votes shall be distributed so that each member not from Worcester shall be entitled to 1 vote with the remaining votes to be distributed evenly among the Worcester board members.”

The amendment was adopted.

Sent to the House for concurrence in the amendment.

Message from the Acting Governor.

Message from the Honorable William Francis Galvin, Secretary of the Commonwealth and Acting Governor, submitting legislation (under the provisions of Article II, Section 8, Paragraph 1, Clause (2) of the Amendments to the Constitution as amended by Article LXXXIX) authorizing the town of Rockland to transfer certain funds (Senate, No. 2183) (received in the office of the Clerk of the Senate on Tuesday, December 30, 2003 at sixteen minutes before five o’clock P.M.),— was referred to the Senate committee on Ethics and Rules.

Subsequently, Mr. Brewer, for the said committee on Ethics and Rules, reported that the bill ought to pass.

The bill (printed in Senate, No. 2183) was read. The rules were suspended, on motion of Mrs. Sprague, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed.

Sent to the House for concurrence.

Report 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 Richard T. Moore, Paul Kujawski, Stephen P. LeDuc, Thomas M. McGee and other members of the General Court [for additional petitioners, see printed bill] for legislation to ensure low-income children’s access to basic health care.

Senate Rule 36 was suspended, on motion of Mrs. Sprague, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Health Care.

Sent to the House for concurrence.

Papers from the House.

A Bill establishing a betterment fund in the town of Spencer (House, No. 1326,— on petition) [Local approval received],— was read.

There being no objection, the rules were suspended, on motion of Mrs. Sprague, 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:

Further regulating certificates of birth resulting in stillbirth (see Senate, No. 1953);

Authorizing the town of Millbury to issue additional licenses for the sale of all alcoholic beverages to be drunk on the premises (see Senate, No. 2056, amended); and

Designating a certain overpass in the town of Milton as the Private First Class Paul W. Curran Memorial Overpass (see House, No. 4206).

A petition (accompanied by bill, House, No. 4412) of Harold P. Naughton, Jr., for legislation to establish a sick leave bank for Christopher Lavele, an employee of the Department of Correction,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Public Service.

Recess.

There being no objection, at a quarter past eleven o’clock A.M., the Chair (Mr. Hart) declared a recess subject to the call of the Chair; and at ten minutes past twelve o’clock noon the Senate reassembled, Mr. Hart in the Chair.

PAPERS FROM THE HOUSE.

Emergency Preamble Adopted.

An engrossed Bill relative to the Upper Blackstone Water Pollution Abatement District (see Senate, No. 1989, changed), 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.

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:

Relative to the Upper Blackstone Water Pollution Abatement District (see Senate, No. 1989, changed);

Authorizing the town of Rockland to transfer certain funds (see Senate Bill, printed in Senate, No. 2183); and

Relative to preliminary elections in the town of Framingham (see House, No. 4170, amended).

Order Adopted.

On motion of Mrs. Sprague,—

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 the same Senator, at twenty minutes past twelve o’clock noon, the Senate adjourned to meet on the following Monday at eleven o’clock A.M.