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.

Monday, November 1, 2004.

Met at one minute 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.

Reports.

The following reports were severally read and placed on file:

A report of the Administrative Office of the Trial Court (as required by Section 15 of Chapter 358 of the Acts of 1996, as amended by Section 4 of Chapter 157 of the Acts of 1998, Section 19 of Chapter 142 of the Acts of 2000, and Section 20 of Chapter 70 of the Acts of 2002) submitting its final report on the implementation of the Civil One Trial System in the Superior Court and District Court Departments (received Tuesday, October 26, 2004);
A report of the Nantucket Regional Transit Authority (under the provisions of Chapter 161B of the General Laws) submitting its annual report for fiscal year 2004 (received Tuesday, October 26, 2004); and
A report of the Massachusetts Economic Assistance Coordinating Council submitting a copy of its annual report for fiscal year 2004 (received Wednesday, October 27, 2004).

The following reports were severally read and sent to the House for its information:

A report of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) relative to inspection of Women In Transition (received Wednesday, October 27, 2004);
A report of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) relative to inspection of the Northeast Correctional Center (received Wednesday, October 27, 2004);
A report of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) relative to inspection of MCI Plymouth (received Wednesday, October 27, 2004); and
A report of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) relative to inspection of South Middlesex Pre-Release center (received Wednesday, October 27, 2004).

Reports of Committees.

By Ms. Wilkerson, for the committee on State Administration, on petition, a Bill relative to the disposition of a surplus parcel of land within the city of Peabody (Senate, No. 2491) [Local approval received];
Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Mr. Magnani, for the committee on Steering and Policy, reported that the following matter be placed in the Orders of the Day for the next session:

The House Bill relative to the reporting of abuse of elders (House, No. 1116).

Resolutions.

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

Resolutions (filed by Ms. Creem) “congratulating Robert Eli Wyner on the occasion of his eightieth birthday”; and
Resolutions (filed by Mr. Knapik) “congratulating Bruce A. Yarber.”

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 Andrea F. Nuciforo, Jr. for legislation to direct the State Board of Retirement to pay certain retirement benefits to the surviving spouse and children of Gerald D. Downing.
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 Public Service.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.

Engrossed Bill.

An engrossed Bill relative to the Belchertown Economic Development and Industrial Corporation (see House, No. 4692, amended) (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 re-enacted and was signed by the Acting President and again laid before the Governor for his approbation.

Engrossed Bills.

The following engrossed bills (the first 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:

Authorizing the city of Quincy to establish an affordable housing trust fund (see Senate, No. 2469);
Authorizing the treasurer of the town of Brookline to invest the trust funds of said town (see House, No. 4400); and
Relative to the appointment of retired police officers in the town of Canton (See House, No. 4858).

Emergency Preamble Adopted; Engrossed Bill Enacted.

An engrossed Bill relative to the transportation of certain persons (see House, No. 5083), 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.
Subsequently, the bill, which originated in the House, came from the House with the endorsement that it had been enacted in that branch.
The Senate then passed the bill to be enacted; and it was signed by the Acting President and laid before the Governor for his approbation.

A Bill authorizing the State Ethics Commission to provide exemptions from the conflict of interest law (House, No. 5113,— on House, No. 4113),— 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.

Order Adopted.

On motion of Mrs. Sprague,—

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-five minutes past eleven o’clock A.M., the Senate adjourned to meet on the following Thursday at eleven o’clock A.M.