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.

Tuesday, October 12, 2004.

Met at four minutes past eleven o’clock A.M. (Mr. Barrios in the Chair).

The Chair (Mr. Barrios), members, guests and employees then recited the pledge of allegiance to the flag.

Communication.

A communication from the Senate President announcing that effective today, Senator Harriette L. Chandler and Senator Pamela P. Resor have been appointed to serve as members of the special commission established (pursuant to Section 364 of Chapter 149 of the Acts of 2004) to investigate and study the feasibility of constructing a mental health facility in Central Massachusetts,— was placed on file.

Petition.

Mr. Antonioni presented a petition (subject to Joint Rule 12) of Robert A. Antonioni, Cynthia S. Creem, Robert A. Havern, Richard T. Moore and others for legislation to establish a special commission to investigate and study school safety plans,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Papers from the House.

Bills

Authorizing the treasurer of the town of Brookline to invest the trust funds of said town (House, No. 4400,— on petition) [Local approval received]; and

Authorizing the town of Adams to grant an additional license for the sale of all alcoholic beverages to be drunk on the premises to Nicholas Enterprises, Inc. (House, No. 4985,— on petition) [Local approval received];
Were severally 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 severally considered forthwith and adopted, as follows:—

Resolutions (filed by Mr. Barrios) “congratulating Marta T. Rosa”;
Resolutions (filed by Ms. Murray and Mr. O’Leary) “on the Lights On Afterschool! Program”;
Resolutions (filed by Mr. O’Leary) “congratulating Arthur and Geraldine Fair”; and
Resolutions (filed by Mrs. Sprague) “congratulating Antonio J. Lorusso, Jr.”

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 Senate Bill relative to evidence of negligence in motor vehicle homicide (Senate, No. 2484),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act relative to evidence of negligence in motor vehicle homicide prosecutions”.
Sent to the House for concurrence.

The House Bill authorizing the town of Easton to pay a certain unpaid bill (House, No. 4498),— was read a third time and passed to be engrossed, in concurrence.

Reports of Committees.

By Ms. Murray, for the committee on Ways and Means, that the House Bill relative to creditable service for service rendered as a school nurse (House, No. 4677, amended),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Knapik, 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 authorizing the Division of Capital Asset Management and Maintenance to convey a certain parcel of land to the town of Westfield (House, No. 5035),— ought to pass, with amendments in section 1, by striking out, in line 2, the words “provisions of section 40F and 40F½” and inserting in place thereof the following words:— “sections 40E through 40I, inclusive,”;

In said section 1, by adding, after the second sentence, the following sentence:— “The exact boundaries of the parcels shall be determined by said commissioner in consultation with the department of conservation and recreation in accordance with the Plan of Easement.”;

In section 2, by striking out the first sentence and inserting in place thereof the following sentence:— “The consideration for the conveyance authorized by this act shall be the permanent connection and agreement that the city of Westfield shall allow the Western Massachusetts Hospital facility, its successors and assigns, to connect by means of a sewer tie-in to the pump station on Parcel E-5 to the city of Westfield’s sewer collection system, which terminates at the Westfield wastewater treatment plant.”;

In said section 2, by striking out the second, third and fourth sentences;

In said section 2, by striking out the fifth sentence and inserting in place thereof the following sentence:— “The commissioner shall submit the agreement and any subsequent amendment thereto and a report thereon to the inspector general for his review and comment.”;

In said section 2, by striking out, in lines 21 and 22, the following words: “at least fifteen days prior to execution”; and

In section 3, by striking out, in line 2, the words “the appraisal, survey and”.
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 was passed to engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

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, Marc R. Pacheco, Pamela P. Resor, Barbara A. L’Italien and other members of the General Court for legislation to reform the death and disability compensation for the officers and enlisted members of the armed forces of the Commonwealth.
Senate Rule 36 was suspended, on motion of Mr. Knapik, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Service.

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 Pamela P. Resor and James B. Eldridge for legislation relative to the negotiation of taxes due under a tax increment financing.
Senate Rule 36 was suspended, on motion of Mr. Knapik, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Taxation.
Severally sent to the House for concurrence.

Paper from the House.

A petition (accompanied by bill, House, No. 5103) of Geoffrey D. Hall, Pamela P. Resor, Thomas A. Golden, Jr., David M. Nangle, Cory Atkins, Susan C. Fargo and another relative to designating a certain bridge in the town of Chelmsford as the Marine Lance Corporal Andrew J. Zabiereki Memorial Bridge,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Transportation.

Order Adopted.

On motion of Mr. Knapik,—

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 the same Senator, at fourteen minutes past eleven o’clock A.M., the Senate adjourned to meet on the following Thursday at eleven o’clock A.M.