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, September 27, 2004.

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

Communications — Appointments.

The following communications were severally placed on file:

A communication was received from the Senate President announcing the appointments of Senator Brian P. Lees, Senator Dianne Wilkerson and Patrick Moscaritolo to the special commission established (pursuant to Section 299 of Chapter 149 of the Acts of 2004) to study the use, reuse, lease, sale, conveyance, or any disposition of any interest in the Hynes Memorial Auditorium and the Boston Common Parking Garage;

A communication from the town of Hingham announcing the appointment of Martha Bewick as the appointee of the town to the special commission established (pursuant to Section 82 of Chapter 291 of the Acts of 2004) to recommend changes and improvements to the MBTA’s commuter boat service between Hingham and Boston.

Report of a Committee.

By Ms. Creem, for the committee on Taxation, on petition (accompanied by bill, Senate, No. 2478), an Order relative to authorizing the joint committee on Taxation to make an investigation and study of a Senate document relative to the Massachusetts Historical Rehabilitation Tax Credit (Senate, No. 2489);
Referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

Committee Discharged.

Mr. Brewer, for the committee on Ethics and Rules, to whom was referred the Senate Order relative to authorizing the joint committee on Taxation to make an investigation and study of certain Senate documents (Senate, No. 2301), reported, in part, asking to be discharged from further consideration of the petition (accompanied by bill, Senate No. 1759) of Michael R. Knapik and Michael F. Kane for legislation relative to the reimbursement for taxes lost on certain state-owned properties,— and recommending that the same be recommitted to the committee on Taxation.
Under Senate Rule 36, the report was considered forthwith and accepted.


A message from Her Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to clarifying a certain tax deduction provision (House, No. 5091),— was referred, in concurrence, to the committee on Taxation.


Relative to the change of name of a minor (House, No. 2997,— on petition);

Relative to the civil commitment process for persons with mental illness (House, No. 3170,— on petition) ; and

Relative to the founders of Boston University (House, No. 5079, amended,— on House, No. 5046);
Were severally read and, under Senate Rule 26, referred to the committee on Steering and Policy.

A Bill relative to town meeting members in the town of Framingham (House, No. 5063,— on House, Nos. 4852 and 4853) [Local approval received on House, Nos. 4852 and 4853],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.


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

Resolutions (filed by Mr. Baddour) “congratulating the Merrimac Couplings Fire Department Auxiliary on the occasion of its fortieth anniversary”;
Resolutions (filed by Messrs. Joyce and Creedon) “congratulating Joe Sklut of East Bridgewater upon his elevation to the rank of Eagle Scout”;
Resolutions (filed by Mr. McGee) “on the occasion of the fiftieth anniversary of the Abbot Public Library”;
Resolutions (filed by Mr. Morrissey) “recognizing the Dianne DeVanna Center for its many years of dedicated service and the creation of the ‘Shelter of Hope’”;
Resolutions (filed by Mr. Pacheco) “congratulating Emma R. Andrade on the occasion of her ninetieth birthday”;
Resolutions (filed by Mrs. Sprague) “congratulating Michael J. Shea of Medfield upon his elevation to the rank of Eagle Scout”; and
Resolutions (filed by Mr. Tisei) “congratulating Coolidge Middle School on receiving the Intel/Scholastic Twenty-First Century School of Distinction Award.”


A Bill providing creditable service to certain research faculty funded by research institutes and foundations under agreement with the University of Massachusetts (House, No. 2873,— on petition),— was read.
There being no objection, the rules were suspended, on motion of Mr. Shannon, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

A petition (accompanied by bill, House, No. 5092) of Thomas P. Kennedy for legislation to authorize the Department of Youth Services to establish a sick leave bank for John Fitts, an employee of said department,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Public Service.

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:

Establishing the Berkshire county commission on the status of women (see Senate, No. 142);
Authorizing the town of Lincoln to regulate certain property tax exemption eligibility requirements for the elderly (see Senate, No. 2018);
Authorizing the town of Brookline to lease certain town-owned properties for twenty-five years (see House, No. 4164);
Authorizing the town of Marshfield to reduce sewer fee liability and betterment charge in exchange for seniors’ volunteer services (see House, No. 4532);
Relative to the reduction in rank for certain public employees in the city of Haverhill (see House, No. 4736);
Relative to reduction in rank for members of the fire department of the city of Boston (see House, No. 4791);
Authorizing the town of Pembroke to borrow certain sums of money (see House, No. 4814);
Establishing the Mattapoisett River Valley water district (see House, No. 4839, amended); and
Relative to the terms of certain bonds of the city of Revere to be issued to finance the construction of a public safety facility (see House, No. 4964).

Emergency Preamble Adopted.

An engrossed Bill establishing a sick leave bank for a certain employee of the Department of Social Services (see House, No. 4841), 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.

Order Adopted.

On motion of Mr. Lees,—

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.

On motion of Mr. Shannon, at twenty-four minutes past eleven o’clock A.M., the Senate adjourned to meet on the following Thursday at eleven o’clock A.M.