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, January 3, 2005.

Met at six minutes past eleven o’clock A.M. (Mr. Magnani 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. Magnani), 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 Massachusetts School Building Authority (pursuant to Section 54 of Chapter 208 of the Acts of 2004) submitting a copy of its current progress report (received Thursday, December 30, 2004); and

A report of the Massachusetts Water Pollution Abatement Trust (under the provisions of Section 17 of Chapter 29C of the General Laws) submitting a copy of its comprehensive annual financial report as of and for the years ended June 30, 2004 and June 30, 2003 (received Friday, December 31, 2004).

Resolutions.

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

Resolutions (filed by Mr. Brewer) “on the one hundred twenty-fifth anniversary of St. Bartholomew Church”;
Resolutions (filed by Mr. Hedlund) “honoring Robert LaRocco”; and
Resolutions (filed by Mr. Joyce) “congratulating Anthony John Cichello”

PAPERS FROM THE HOUSE.

A Bill authorizing the city of Pittsfield to prohibit heavy commercial vehicles on certain streets (House, No. 5118,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Ms. Resor, 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 Bill authorizing the town of Salisbury to grant an additional license for the sale of all alcoholic beverages to be drunk on the premises (House, No. 5161,— on House, No. 5140, in part) [Local approval received on House, No. 5140],— was read.
There being no objection, the rules were suspended, on motion of Ms. Murray, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Bill Returned with Recommendation of Amendment.

A message from His Excellency the Governor, returning with recommendation of amendment the engrossed Bill relative to retirement rights of school committee appointees (see House, No. 3960) [for message, see House, No. 51241 was filed in the office of the Clerk of the House on Wednesday, November 3, 2004,— came from the House with endorsement that the House refused to amend the bill.

The message was read; and, under the provisions of Article LVI of the Amendments to the Constitution, the bill was before the Senate subject to amendment and re-enactment.
There being no amendment offered, the bill was returned to the House to be again enacted.

Recess.

There being no objection, at fourteen minutes past eleven o’clock A.M., the Chair (Mr. Magnani) declared a recess subject to the call of the Chair; and, at one minute before three o’clock P.M., the Senate reassembled, Mr. Magnani in the Chair.

PAPERS FROM THE HOUSE.

A Bill relative to elections in the city of Boston (House, No. 4844,— on petition) [Local approval received],— 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, in concurrence.

Engrossed Bills.

An engrossed Bill relative to retirement rights of school committee appointees (see House, No. 3960) (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.

The following engrossed bills (the first three 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 licensing fees for service dogs (see Senate, No. 458);
Relative to crimes against the elders and persons with disabilities (see Senate, No. 1083, amended);
Relative to the licensure and accreditation of health plans (see Senate, No. 2340);
Authorizing the city of Pittsfield to prohibit heavy commercial vehicles on certain streets (see House, No. 5118); and
Authorizing the town of Salisbury to grant an additional license for the sale of all alcoholic beverages to be drunk on the premises (see House, No. 5161).

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 House Bill relative to parking fines in the town of Provincetown (House, No. 3841),— was read a third time and passed to be engrossed, in concurrence.

Report of a Committee.

By Ms. Creem, for the committee on Taxation, on the recommitted petition, a Bill relative to certain property tax assessments in the town of Williamsburg (Senate, No. 1997) [Local approval received].
The bill was read. There being no objection, the rules were suspended, on motion of Mr. McGee, 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.

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 relative to the lease of certain property in the town of Oak Bluffs (Senate, No. 2197) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time and passed to be engrossed.
Sent to the House for concurrence.

PAPER FROM THE HOUSE.

A Bill relative to the board of health in the town of North Andover (House, No. 4786,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

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 House Bill relative to the historic commission of the town of Provincetown (House, No. 4780),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Report of a Committee.

By Ms. Murray, for the committee on Ways and Means, on House, No. 4559, in part, a “Bill extending the period for disbursement of certain public safety funds” (Senate, No. 2527).
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.

PAPERS FROM THE HOUSE.

The House Bill relative to the use of the name of financial institutions (House, No. 1623),— came from the House with the endorsement that the House had NON-concurred in the Senate amendment striking out all after the enacting clause and inserting in place thereof the following text:—

“SECTION 1. Section 37 of chapter 167 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after the first paragraph the following 2 paragraphs:—

Notwithstanding any special or general law to the contrary, a domestic or foreign corporation, individual, partnership, association or similar entity, other than corporations and persons excepted from the prohibitions of this section, shall not utilize the name or trademark or a name deceptively similar to that of an existing bank, credit union, federal bank, federal credit union, foreign bank or out-of-state bank as defined by section 1, or any subsidiary thereof, when marketing or soliciting business from a customer or prospective customer in a manner that could cause a reasonable person to believe that the marketing material or solicitation originated from or is endorsed by the existing bank or that the existing bank is responsible for the marketing material or solicitation unless the corporation, individual, partnership association or entity received prior written permission from the bank, credit union, federal bank, federal credit union, foreign bank or out-of-state bank.

Any domestic or foreign corporation, individual, partnership, association or similar entity, whom the commissioner determines to have violated this section, shall be considered to have engaged in an unfair and deceptive practice in violation of chapter 93A. The remedy provided by said chapter 93A shall be in addition to the remedy provided in section 37A of this chapter.

SECTION 2. Section 37A of said chapter 167, as so appearing, is hereby amended by inserting after the word ‘association’, in lines 2 and 3, the following words:— he or his examiners believe is violating the preceding section or who is.”.
The rules were suspended, on motion of Mr. Barrios, and the bill was considered forthwith.
On motion of the same Senator, the Senate receded from its amendment.

The Senate Bill relative to attorney’s lien for fees (Senate, No. 2389),— came from the House passed to be engrossed, in concurrence with amendments striking out section 1; and striking out section 3.
The rules were suspended, on motion of Mr. Tarr, and the House amendment was considered forthwith. On further motion of the same Senator, the Senate NON-concurred therein.
The bill was returned to the House endorsed accordingly.

The Senate Bill establishing the Massachusetts principal and income act (Senate, No. 962),— came from the House passed to be engrossed, in concurrence with an amendment in section 3 by adding at the end thereof the following: “January 1, 2005.”.
The rules were suspended, on motion of Mr. Tarr, and the House amendment was considered forthwith and adopted, in concurrence.

A Bill relative to the operation of credit unions (House, No. 484,— on petition),— was read.
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Recess.

There being no objection, at twenty minutes past three o’clock P.M., the Chair (Mr. Magnani) declared a recess subject to the call of the Chair; and, at two minutes before five o’clock P.M., the Senate reassembled, Mr. Moore 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.

A Bill making appropriations for the fiscal year 2005 to provide for supplementing certain existing appropriations and for certain other activities and projects (House, No. 5188,— on House, No. 5186, in part),— was read.
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act making appropriations for the fiscal year 2005 to compensate for certain underpayments.”

Report of a Committee.

Ms. Murray, for the committee on Ways and Means, that the House Bill designating certain land in the town of Bridgewater as conservation, agricultural, open space and passive recreational purposes (House, No. 616),— ought to pass;
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

PAPERS FROM THE HOUSE.

Engrossed Bill.

An engrossed Bill relative to elections in the city of Boston (see House, No. 4844) (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 (Mr. Moore) and laid before the Governor for his approbation.

Emergency Preambles Adopted.

An engrossed Bill further regulating public construction (see Senate, No. 2525), 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 (Mr. Moore) and sent to the House for enactment.

An engrossed Bill designating certain land in the town of Bridgewater as conservation, agricultural, open space and passive recreational purposes (see House, No. 616), 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 (Mr. Moore) and sent to the House for enactment.

A Bill validating the actions taken at the annual town meeting and special town meeting of the town of Rockland (printed in House, No. 5101,— being a message from His Excellency the Governor),— was read.
There being no objection, the rules were suspended, on motion of Mr. Morrissey, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

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 (Mr. Moore) and laid before the Governor for his approbation, to wit:

Further regulating public construction (see Senate, No. 2525);
Extending the period for disbursement of certain funds (see Senate, No. 2527);
Designating certain land in the town of Bridgewater as conservation, agricultural, open space and passive recreational purposes (see House, No. 616); and
Making appropriations for the fiscal year 2005 to compensate for certain underpayments (see House, No. 5188)

On motion of Mr. Pacheco, at one minute past seven o’clock P.M., the Senate adjourned.

[Under the provisions of Article X of the Amendments to the Constitution, the 2004 session of the General Court was dissolved on the day next preceding the first Wednesday of January, without any proclamation or other action of the Governor.]

Attest: WILLIAM F. WELCH,
Clerk of the Senate.