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


Thursday, April 14, 2005.

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


A communication from the Joint Committee on Veterans and Federal Affairs submitting its rules of procedure for the 2005-2006 legislative session (received Wednesday, April 13, 2005),— was placed on file.


Petitions were presented and referred, as follows:

By Mr. Barrios, a petition (subject to Joint Rule 12) of Jarrett T. Barrios, Robert S. Creedon, Jr. and Pamela P. Resor for legislation relative to the recovery of attorney’s fees for restriction enforcement;

By Ms. Murray, a petition (subject to Joint Rule 12) of Therese Murray for legislation to authorize the Department of Highways to acquire and transfer certain parcels of land in the town of Bourne; and

By Mr. Nuciforo, a petition (subject to Joint Rule 12) of Andrea F. Nuciforo, Jr., Michael R. Knapik, Joan M. Menard and Robert M. Koczera for legislation relative to out of state price authorization for Chapter 766 students;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Report of a Committee.

By Ms. Creem, for the committee on Revenue, on petition, a Bill relating to the collection of taxes in the town of Sandwich (Senate, No. 2026) [Local approval received];
Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.



Of the committee on Children and Families, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 1453) of Kevin G. Honan and others expanding housing and workforce opportunities for elders, veterans and families,— and recommending that the same be referred to the committee on Housing.

Of the committee on Higher Education, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 1252) of Kay Khan and others for legislation to require the Board of Higher Education to establish an international education curriculum,— and recommending that the same be referred to the committee on Education.
Were severally considered forthwith, under Senate Rule 36, and accepted, in concurrence.


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

Resolutions (filed by Mr. Havern) “on the occasion of the eightieth birthday of Helen Ferren”;
Resolutions (filed by Mr. Hedlund) “on the occasion of the fiftieth anniversary of the South Shore Yacht Club”;
Resolutions (filed by Mr. Tisei) “commending Riverside Community Care”; and

Resolutions (filed by Messrs. Tolman, Augustus and Barrios, Ms. Chandler, Messrs. Havern, Moore, Nuciforo and O’Leary, Ms. Resor, Mr. Rosenberg, Ms. Spilka, Mr. Travaglini and Ms. Tucker) “on the occasion of the Day of Remembrance for the Armenian Genocide of 1915 to 1923.”

Report of Committees.

By Ms. Menard, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Dianne Wilkerson, Martin J. Walsh and Steven A. Tolman for legislation to make technical corrections to the public construction reform law.
Senate Rule 36 was suspended, on motion of Mr. Pacheco, 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 and Regulatory Oversight.
Sent to the House for concurrence.


A Bill authorizing the town of Westport to convey certain conservation land to the board of selectmen for the purpose of construction a public safety complex (House, No. 1726, amended,— on petition) [Local approval received],— was read.
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.

Engrossed Bill.

An engrossed Bill authorizing Shawn McCluskey and Anthony D. Fontana of the town, of Billerica to take a civil service examination for any position notwithstanding the maximum age requirements (see House, No. 2796) (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 enacted and was signed by the Acting president and laid before the Governor for his approbation.

Order Adopted.

On motion of Mr. Pacheco,—

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.

On motion of Mr. Brown, at nineteen minutes past eleven o’clock A.M., the Senate adjourned to meet on the following Tuesday at eleven o’clock A.M.