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, December 13, 2004.

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

Distinguished Guests.

There being no objection, the Chair (Mr. Hart) handed the gavel to the President, who introduced, in the rear of the Chamber, the 2004 state champion Stoneham High School Soccer Team. The team was accompanied by the Assistant Majority Leader of the House, Representative Harkins of Needham and Representative Casey of Winchester.

Communication.

A communication from William F. Galvin, Secretary of the Commonwealth (under the provisions of Section 80 of Chapter 4 of the Acts of 2003) submitting a copy of the Registry of Deeds Technology Advisory Committee Report (received Wednesday, December 8, 2004),— was placed on file.

Report.

A report of the Department of Revenue (under the provisions of Chapter 3 of the Acts of 2004) relative to property tax classification and possible avenues of tax relief (received Wednesday, December 8, 2004),— was placed on file.

Reports of Committees.

By Mr. Baddour, for the committee on Transportation, on petition, a Bill relative to the special commission on the equity of fares between modes of transportation (Senate, No. 2503, changed in section 1, by striking out the words “November 30, 2004” and inserting in place thereof the following:— “160 days after the convening at the first meeting of the commission”; and in section 2, by striking out the words “February 28, 2005” and inserting in place thereof the following:— “90 days after the filing of the first report”);
Read and, under Joint Rule 29, referred to the committees on Rules of the two branches, acting concurrently.

By Ms. Fargo, for the committee on Local Affairs and Regional Government, on the recommitted petition, a Bill relative to a Worcester County substance abuse pilot program (Senate, No. 137); and

By Mr. Tolman, for the committee on Public Service, on petition, a Bill establishing a sick leave bank for Brian Bowman, an employee of the Department of Correction (Senate, No. 2504);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Ms. Creem, for the committee on Taxation, on the recommitted petition, a Bill relative to a tax abatement filing for the National Plastics Center and Museum in Leominster (Senate, No. 2490) [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 matters be placed in the Orders of the Day for the next session:

The Senate Bill regulating mobile home parks in the town of Winchendon (Senate, No. 2199); and

The House Bill designating a certain bridge in the town of Chelmsford as the Marine Lance Corporal Andrew J. Zabierek Memorial Bridge (House, No. 5103).

PAPERS FROM THE HOUSE.

A message from His Excellency the Governor recommending legislation relative to decoupling from federal production activity deduction (House, No. 5156),— was referred, in concurrence, to the committee on Taxation.

A petition (accompanied by bill, House, No. 5149) of Robert A. DeLeo (by vote of the town) for legislation to exempt certain positions in the town of Winthrop from the provisions of civil service law,— was referred, in concurrence, to the committee on Public Service.

Resolutions.

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

Resolutions (filed by Mr. Barrios) “commending Fire Chief Robert DiPoli.”

Reports of a Committee.

By Ms. Murray, for the committee on Ways and Means, on petition, a Bill authorizing the city of Watertown to make certain payments (printed as House, No. 3866) [Local approval received];
The bill was read. There being no objection, the rules were suspended, on motion of Mr. Tolman, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

Reconsideration.

There being no objection, on motion of Mr. Knapik, the Senate reconsidered the vote by which, at a previous session, it concurred with the House amendment striking out all after the enacting clause and inserting in place thereof the text of House document numbered 5145 with a further amendment (Berry/Tarr) in section 3, in the first paragraph, by striking out the last sentence and inserting in place thereof the following sentence:— “The board, whose appointments shall be made within 30 days from the effective date of this act, shall not begin construction nor incur indebtedness until the vote required by section 4 has been certified by the commissioner of education.”;

In said section 3, in the second paragraph, in the second sentence, by striking out the words “following certification by the commissioner of education of the vote required by section 4” and inserting in place thereof the following words:— “preceding the opening of the Essex North Shore Agricultural and Technical School,”;

In section 14, in the first paragraph, in the first sentence, by striking out the words “following certification by the commissioner of education of the vote required by section 4” and inserting in place thereof the following words:— “preceding the opening of the Essex North Shore Agricultural and Technical School,”; and

By inserting before the enacting clause the following emergency preamble:—

Whereas, The deferred operation of this act would tend to defeat its purpose, which is forthwith to provide for the establishment of the Essex North Shore Agricultural and Technical School district, therefore it is hereby declared to be an emergency law, necessary for the preservation of the public convenience,” to the Senate Bill establishing the Essex North Shore Agricultural and Technical School district (Senate, No. 2419, amended).

The amendment previously moved by Messrs. Berry and Tarr was then considered and it was rejected.

The same Senators then moved that the Senate concur in the House amendment with the following further amendment, in section 3, in the first paragraph, by striking out the last sentence and inserting in place thereof the following sentence:— “The board, whose appointments shall be made within 30 days from the effective date of this act, shall not begin construction nor incur indebtedness until the vote required by section 4 has been certified by the commissioner of education.”;

In said section 3, in the second paragraph, in the first and second sentences, by striking out the words “following certification by the commissioner of education of the vote required by section 4” and inserting in place thereof, in each instance, the following words:— “preceding the opening of the Essex North Shore Agricultural and Technical School”;

In section 14, in the first paragraph, in the first sentence, by striking out the words “following certification by the commissioner of education of the vote required by section 4” and inserting in place thereof the following words:— “preceding the opening of the Essex North Shore Agricultural and Technical School,”; and

By adding the following section:—

“SECTION 19. The remainder of this act shall take effect upon its passage.”.
The further amendment was adopted.
The Senate then concurred in the House amendment with a further amendment.
Sent to the House for concurrence in the further amendment.

PAPERS FROM THE HOUSE.

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:

Relative to certain housing in the city of Peabody (see Senate, No. 2501);
Authorizing the town of Plymouth to lease certain land (see House, No. 4818, changed and amended); and
Validating the proceedings of the presidential primary in the town of Bernardston (see House, No. 5011).

Report of a Committee.

By Ms. Murray, for the committee on Ways and Means, that the House Resolve in favor of the estate of Mary Jane Simmons (House, No. 5073),— ought to pass. There being no objection, the rules were suspended, on motion of Mr. Brown, and the resolve was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

PAPER FROM THE HOUSE.

Engrossed Bill.

An engrossed Bill authorizing water submetering in residential tenancies (see House, No. 5001, 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 enacted and was signed by the Acting President and laid before the Governor for his approbation.

Recess.

There being no objection, at twenty-nine minutes before twelve o’clock noon, the Chair (Mr. Hart) declared a recess subject to the call of the Chair; and, at twenty-one minutes before one o’clock P.M., the Senate reassembled, the President in the Chair.

Engrossed Resolve.

An engrossed Resolve in favor of the estate of Mary Jane Simmons (see House, No, 5073) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed and was signed by the President and laid before the Governor for his approbation.

Report of a Committee.

By Ms. Murray, for the committee on Ways arid Means, that the Senate Bill authorizing the conveyance of a certain parcel land in the city of Revere (Senate, No. 2514) — ought to pass, with amendments in section 1, by striking out the words “40F or 40J”, in line 3, and inserting in place thereof the following words:— “40H or 40I”; by inserting after the word “Trust”, in line 8, the following words:— “for parking purposes only”; by adding the following sentence:— “The exact boundaries of the parcel shall be determined by the commissioner in consultation with the department of conservation and recreation after completion of a survey.”; in section 2, by striking out the words “provided however, the commissioner may accept on behalf of the commonwealth the conveyance of a parcel of land by Joseph A. Festa, Jr. and John V. Festa, Trustees of Festa Towers Irrevocable Trust in the city of Revere which shall be of equal or greater value than the parcel being conveyed by said section 1”; by striking out section 4 and inserting in place thereof the following section:—

“SECTION 4. No deed conveying the parcel of land from the commonwealth to the proponents named in this act shall be valid unless the deed contains a provision restricting the use of the parcel to parking purposes only.”; and by inserting before the enacting clause the following emergency preamble:—

Whereas, The deferred operation of this act would tend to defeat its purpose, which is forthwith to authorize conveyance of certain land in the city of Revere, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”.
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2514, amended) was then 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 authorizing the conveyance of a certain parcel of land in the city of Revere.”
Sent to the House for concurrence.

Recess.

There being no objection, at seventeen minutes before one o’clock. P.M., the President declared a recess subject to the call of the Chair; and, at six minutes past two o’clock P.M., the Senate reassembled, Mr. Hart in the Chair (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

PAPER FROM THE HOUSE.

Engrossed Bill.

An engrossed Bill establishing the Essex North Shore Agricultural and Technical School district (see Senate, No. 2419, amended) (which originated in the Senate), 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 appropriation.

Order Adopted.

On motion of Mr. Tarr,—

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 eight minutes past two o’clock P.M., the Senate adjourned to meet on the following Thursday at eleven o’clock A.M.