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, October 31, 2005.

Met at five minutes past eleven o’clock A.M. (Ms. Wilkerson in the Chair).

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

Report of a Committee.

By Ms. Resor, for the committee on Environment, Natural Resources and Agriculture, on petition, a Bill to amend the Nantucket Islands land bank act to increase the first time home buyer exemption (Senate, No. 2053) [Local approval received];
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 considered forthwith and adopted, as follows:—

Resolutions (filed by Ms. Resor) “honoring the Acton Lions Club for their 50 years of outstanding service.”

Matter Taken Out of the Orders of the Day.

There being no objection, the following matter was taken out of the Orders of the Day and considered as follows:—

The Senate Bill authorizing the town of Winchendon to use a portion of a certain parcel of public park land for library purposes (Senate, No. 2151),— was read a third time.

Pending the question on passing the bill to be engrossed, Mr. Brewer moved that the bill be amended striking out section 2 and inserting in place thereof the following 3 sections:—

“SECTION 2. No document transferring care, custody or management of the property described in section 1 shall be valid unless the document provides that the property shall be used solely for the purposes of providing access and parking for the Beals Memorial Library as described in section 1. The document shall include a reversionary clause that stipulates that the property shall revert to the town of Winchendon for public park purposes if the property ceases to be used for the express purposes described in section 1.

SECTION 3. The town of Winchendon shall transfer, for purposes of article 97 of the Amendments to the Constitution, a parcel of land which is currently under the care, custody, management and control of the board of selectmen for general municipal purposes. If no suitable parcel can be transferred for article 97 purposes, the town shall grant a conservation restriction, as defined in section 31 of chapter 184 of the General Laws, on a parcel of land, which is currently under the care, custody, management and control of the board of selectmen for general municipal purposes, to the town’s conservation commission. Any parcel transferred or dedicated pursuant to this section shall be of size and value equal to or greater than that of the portion of the parcel described in section 1.

SECTION 4. This act shall take effect upon its passage.”.
This amendment was adopted.
The bill (Senate, No. 2151, amended) was then passed to be engrossed.
Sent to the House for concurrence.


On motion of Mr. Timilty, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Antonioni, (accompanied by bill) of Robert A. Antonioni, Scott P. Brown, Robert L. Hedlund, John W. Scibak, Carrie and Kevin Broderick, and other members of the General Court for legislation relative to the distribution of motion pictures in Massachusetts,— and the same was referred to the committee on Tourism, Arts and Cultural Development.
Sent to the House for concurrence.


A petition (accompanied by bill, House, No. 4464) of Frederick E. Berry and others relative to granting creditable service to J. Michael Ruane, a former member of the House of Representatives,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Public Service.

Order Adopted.

On motion of Mr. Tolman,—

Ordered, That when the Senate adjourns today, it adjourn to meet again on Wednesday 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 William Guiod of Dedham.

The Senator from Suffolk and Norfolk, Ms. Walsh, presented a request that when the Senate adjourns today, it do so as a mark of respect to the memory of William Guiod of Dedham.

William “Willie” Guiod, son of Christopher and Martha Guiod, died last week at Camp Lejeune in North Carolina after returning from combat in Iraq. Age 25, Willie was a Private First Class with the 2nd Battalion, 8th Marine Regiment. He was an athlete and an avid runner, even besting his fellow Marines in a Fourth of July 5K race in Iraq. He graduated Dedham High School in 1998 where he was a member of the varsity soccer and basketball teams. He joined the Marines in 2004 and had been deployed across the globe to Spain, Italy, Israel and Iraq. He served his country with honor and bravery. We mourn his loss and extend our deepest condolences to Willie’s parents, family, and friends as well as all the lives that he touched along the way.

Accordingly, as a mark of respect to the memory of William Guiod, at eleven minutes past eleven o’clock A.M., on motion of Mr. Hedlund, the Senate adjourned to meet again on Wednesday next at eleven o’clock A.M.