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, July 19, 2004.

Met according to adjournment at eleven o’clock A.M. (Mr. Tolman 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. Tolman), members, guests and employees then recited the pledge of allegiance to the flag.

Communication.

A communication was received from the joint committee on Natural Resources and Agriculture (pursuant to the provisions of Section 4 of Chapter 3 of the Acts of 2004) listing their findings and recommendations for the reclassification for property tax purposes of agricultural and horticultural lands.
The communication was placed on file.

Petitions.

Petitions were presented and referred as follows:

By Ms. Resor, a petition (accompanied by bill, Senate, No. 2450) of Pamela P. Resor and James B. Eldridge (by vote of the town) for legislation to designate Shirley an economic target area [Local approval received];
Under Senate Rule 20, to the committee on Commerce and Labor.

By Mr. Glodis, a petition (accompanied by bill, Senate, No. 2451) of Guy W. Glodis and Paul K. Frost (by vote of the town) for legislation to authorize the town of Millbury to grant an additional license for the sale of alcoholic beverages to be drunk on the premises [Local approval received]; and

By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2448) of Marc R. Pacheco and Susan Williams Gifford (by vote of the town) for legislation to authorize the town of Wareham to grant 5 additional licenses for the sale of all alcoholic beverages to be drunk on the premises [Local approval received];
Severally, under Senate Rule 20, to the committee on Government Regulations.

By Ms. Fargo, a petition (accompanied by bill, Senate, No. 2453) of Susan C. Fargo and Susan W. Pope (by vote of the town) for legislation relative to certain housing in the town of Lincoln [Local approval received];
Under Senate Rule 20, to the committee on Housing and Urban Development.

By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2449) of Marc R. Pacheco and Susan Williams Gifford (by vote of the town) for legislation relative to the safe placement of newborns in the town of Wareham [Local approval received];
Under Senate Rule 20, to the committee on Human Services and Elderly Affairs.

By Ms. Murray a petition (accompanied by bill, Senate, No. 2447) of Therese Murray, Eric Turkington and Matthew C. Patrick (by vote of the town) for legislation to authorize certain terms for borrowing by the town of Falmouth for the acquisition and operation of a golf course [Local approval received],— under Senate Rule 20, to the committee on Local Affairs and Regional Government.

By Mr. Tisei, a petition (accompanied by bill, Senate, No. 2452) of Richard R. Tisei, Thomas M. McGee and Michael E. Festa (with approval of the mayor and city council) for legislation relative to the city of Melrose, special police officers [Local approval received];
Under Senate Rule 20, to the committee on Public Service.
Severally sent to the House for concurrence.
Mr. McGee presented a petition (subject to Joint Rule 12) of Thomas M. McGee, Robert F. Fennell, Mark V. Falzone, Steven Myles Walsh and other members of the General Court for legislation to designate a memorial name to an intersection in Lynn,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Report of a Committee.

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 Senate Bill relative to consumer choice in motor vehicle insurance (Senate, No. 2394).

PAPERS FROM THE HOUSE.

Bills

Providing for an exemption for water charges of certain elderly persons (House, No. 3001,— on petition);

Relative to the authority of the Bureau of Special Investigations (House, No. 4737,— on House, No. 6); and

Establishing a spinal cord injury trust fund (House, No. 4738,— on House, No. 2434);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

Bills

Relative to credit union deposits (House, No. 483,— on petition);

Further regulating certain consumer products pricing practices (House, No. 490,— on petition);

Relative to cooking facilities in lodging houses (House, No. 815,— on petition);

Relative to fees charged for the sending of bills and invoices by postal mail (House, No. 4398,— on Senate, No. 120 and House, No. 1240);

Relative to the licensing authorities for day care providers (House, No. 4418,— on House, No. 2279);

Relative to dental hygienists (House, No. 4653 and also on House, No. 699);

A Bill further regulating the setting of private passenger automobile insurance rates (House, No. 4675,— on House, No. 1703);
Were severally read and, under Senate Rule 26, referred to the committee on Steering and Policy.

A report of the House committee on Steering Policy and Scheduling, asking to be discharged from further consideration of the Senate Bill relative to filling vacancies in the city council of the city of Quincy (Senate, No. 2260), and recommending that the same be referred to the committee on Election Laws,— was considered forthwith, under Senate Rule 36, and accepted, in concurrence, insomuch as relates to the reference to the joint committee.

Resolutions.

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

Resolutions (filed by Ms. Wilkerson) “honoring David Manzo.”

 

Communication.

The Clerk read the following communication:

COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS SENATE
STATE HOUSE. BOSTON 02133-1053

July 15, 2004.

William Welch, Clerk
State House
Boston, MA 02133

Dear Mr. Clerk,

I write to notify you that due to my absence on March 29, 2004, caused by a family emergency that took me out of the state, I was unable to attend that day’s session of the Constitutional Convention. Had I been present I would have voted the following:

No. 497 Roll Call vote — Yes
No. 498 Roll Call vote — No
No. 500 Roll Call vote — No
No. 502 Roll Call vote — No.

Sincerely,
DAVID P. MAGNANI,
State Senator.

On motion of Mr. Rosenberg, the above communication was ordered printed in the Journal of the Senate.

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 mitigation fees in a business development overlay district in the town of Wareham (Senate, No. 2348),— was read a third time.

Pending the question on passing the bill to be engrossed, Mr. Pacheco moved that the bill be amended by substituting a new draft entitled “An Act relative to impact fees in a business development overlay district in the town of Wareham” (Senate, No. 2454).
The amendment was adopted
The bill (Senate, No. 2454) was then passed to be engrossed.
Sent to the House for concurrence.

The House Bill authorizing a public waterfront walkway to be exempted from the harbor line in the Charlestown Navy Yard in the city of Boston (House, No. 3857),— was read a third time.

Pending the question on passing the bill to be engrossed, Mr. Morrissey moved that the bill be amended by striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2455; 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 exempt a public waterfront walkway and a marina connected to it from the harbor line in the Charlestown Navy Yard in the city of Boston, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”; and

By striking out the title and inserting in place thereof the following title: “An Act authorizing a public walkway and a connected marina to be exempted from the harbor line in the Charlestown Navy Yard in the city of Boston.”.
This amendment was adopted.
The bill was then passed to be engrossed, in concurrence, with the amendments.
Sent to the House for concurrence in the amendments.

The House Bill authorizing the town of Middleton to grant certain easements (House, No. 4196),— was read a third time.

Pending the question on passing the bill to be engrossed, Mr. Tarr moved that the bill be amended in section 3, by adding the following sentence:— “The $60,507.44 received in exchange for the easements shall be appropriated by the town of Middleton consistent with section 63 of chapter 44 of the General Laws.”
This amendment was adopted.
The bill was then passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

Report of a Committee.

By Ms. Creem, for the committee on Taxation, on the recommitted petition, a Bill authorizing the town of Weston to regulate certain property tax exemption eligibility requirements for the elderly (Senate, No. 2053) [Local approval received],— 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.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.

Committee of Conference Report.

A report of the committee of conference on the disagreeing votes of the two branches, with reference to the Senate amendment to the House Bill relative to compensation for certain erroneous felony convictions (House, No. 4255) (amended by the Senate by striking out all after the enacting clause and inserting in place thereof the text contained in Senate document numbered 2392), recommending, that the House recede from its non-concurrence with the Senate in its amendment and concur therein with a further amendment striking out all after the enacting clause and inserting in place thereof the text contained in House document numbered 4981; and that the Senate concur in the further amendment,— came from the House, and was read.
The rules were suspended, on motion of Mr. Knapik, and the report was considered forthwith and accepted, 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 and laid before the Governor for his approbation, to wit:

Relative to the estate of homestead (see Senate, No. 995);

Relative to certain distinctive registration plates (see Senate, No. 2006, amended);

Relative to the standard for commercially used weighing and measuring devices (see House, No. 27);

Relative to restrictive covenants (see House, No. 3532);

Authorizing the city of Taunton to re-institute an early retirement program (see House, No. 3871, amended); and

Relative to sewer assessments in the town of Marion (see House, No. 4402).

Recess.

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

PAPERS FROM THE HOUSE.

Engrossed Bills.

An engrossed Bill relative to School Building Assistance (see House, No. 4978) (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. Havern) and laid before the Governor for his approbation. 

An engrossed Bill relative to the Board of Education (see House, No. 4903) (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 (Mr. Havern) and again laid before the Governor for his approbation.

Order Adopted.

On motion of Mr. Knapik,—

Ordered, That when the Senate adjourns today, it adjourn to meet again tomorrow at eleven o’clock A.M.

On motion of the same Senator, at twelve minutes before two o’clock P.M., the Senate adjourned to meet on the following day at eleven o’clock A.M.