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

Thursday, August 19, 2004.

Met at one minute past 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 President of the Senate announcing the appointments of Senators Barrios and Tucker to serve on the selection committee (established by Section 214 of Chapter 6 of the General Laws) for the Madeline Amy Sweeney Award for Civilian Bravery (received in the Office of the Clerk of the Senate on Thursday, August 19, 2004).
The communication was placed on file.

Report of a Committee.

By Mr. Hart, for the committee on Commerce and Labor, on petition, a Bill designating Shirley an economic target area (Senate, No. 2450) [Local approval received];
Read and, under Senate Rule 27, referred to the committee on Ways and Means.

PAPERS FROM THE HOUSE.

A message from His Excellency the Governor recommending legislation relative to criminal justice legal representation (House, No. 5058),— was referred, in concurrence, to the committee on the Judiciary.

Bills

Relative to certain tanks used for the storage of fluids (House, No. 2132, amended,— on petition);

Further preventing insurance fraud in the Commonwealth (House, No. 4713,— on House, No. 1689); and

Authorizing the Division of Capital Asset Management and Maintenance to grant an easement in certain land in the town of Bridgewater (House, No. 5033,— on House, No. 4268);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

Bills

Designating a certain bridge in the Hyde Park section of the city of Boston as the Joseph M. Kearney Bridge (House, No. 293,— on petition);

Designating a certain bridge in the Hyde Park section of the city of Boston as the Thomas J. Geraghty Bridge (House, No. 294,— on petition);

Relative to the board of directors of the Massachusetts Water Resources Authority (House, No. 2844,— on petition);

Relative to the protection of inland waters (House, No. 3561, amended,— on petition);

Relative to the Springfield Water and Sewer Commission (House, No. 4382,— on House, No. 4718, in part);

Relative to kayaks (House, No. 4456, changed,— on petition);

Relative to the Belchertown Economic Development and Industrial Corporation (House, No. 4692,— on petition);

Establishing the Mattapoisett River Valley water district (House, No. 4839,— on petition);

Prohibiting the recording of certain productions (House, No. 4863,— on House, No. 4478); and

Relative to disability insurance (House, No. 5018,— on House, No. 2255);
Were severally read and, under Senate Rule 26, referred to the committee on Steering and Policy.

Bills

Authorizing the town of Franklin to lease certain buildings (House, No. 4091,— on petition) [Local approval received];

Relative to sewerage facilities and fees in the town of Millbury (House, No. 4181, amended,— on petition) [Local approval received];

Authorizing the town of Wayland to incur certain debt (House, No. 4450,— on petition) [Local approval received];

Relative to certain land sales in the city of Gloucester (House, No. 4451,— on petition) [Local approval received];

Relative to creditable service for ambulance paramedics in the town of Billerica (House, No. 4466, amended,— on petition) [Local approval received];

Authorizing the town of Hingham to grant an additional license for the sale of all alcoholic beverages to be drunk on the premises (House, No. 4896,— on House, No. 4809) [Local approval received on House, No. 4809]; and

Relative to the charter of the city of Pittsfield (House, No. 5034,— on House, No. 4812) [Local approval received on House, No. 4812];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Resolutions.

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

Resolutions (filed by Mr. Pacheco) “on the occasion of the sixtieth anniversary of the Aleixo Insurance Agency”; and

Resolutions (filed by Mrs. Sprague) “congratulating Ian C. Costello of Medfield upon his elevation to the rank of Eagle Scout.”

Engrossed Bill Returned by Lieutenant-Governor, Acting Governor, With Recommendation of Amendment.

The engrossed Bill relative to the disposition of certain land in the city of Lowell (see Senate, No. 2421) (which on Monday, August 9, 2004, had been laid before the Governor for his approbation), was returned to the Senate Clerk by the Lieutenant-Governor, Acting Governor, on Wednesday, August 18, 2004 at ten minutes past four o’clock P.M., with a message recommending an amendment.

The message (Senate, No. 2479) was read.
Under the provisions of Senate Rule 33, the amendment was referred to the committee on Bills in the Third Reading.

Engrossed Bill Returned by Governor With Recommendation of Amendment.

The engrossed Bill further regulating meetings of municipal boards (see Senate, No. 2247) (which on Saturday, July 30, 2004, had been laid before the Governor for his approbation), having been returned to the Office of the Senate Clerk by the Governor on Monday, August 9, 2004 at eighteen minutes past five o’clock P.M., with a message recommending an amendment.

The message (Senate, No. 2477) was read and, after being returned from the committee on Bills in the Third Reading, the Senate proceeded to reconsider the veto, in accordance with the provisions of Article LVI of the Amendments to the Constitution.

Mr. Shannon, for the committee on Bills in the Third Reading, reported, recommending that if the Senate adopted the amendment, it be amended in the following form:

“By striking out proposed subsection (a) of section 23D of chapter 39 of the General Laws and inserting in place thereof the following subsection:—

(a) Notwithstanding any general or special law to the contrary, upon municipal acceptance of this section for one or more types of judicial or quasi-judicial hearings, a member of any municipal board, committee or commission when holding a judicial or quasi-judicial hearing shall not be disqualified from voting in the matter solely due to the member’s absence from any session of the hearing at which testimony or other evidence was received, if the member before voting certifies in writing under the penalties of perjury that the member has examined all evidence submitted at the missed session or sessions, including listening to audio recordings or watching video recordings of the missed session or sessions. The written certification shall be a part of the record of the hearing. Nothing in this section shall change, replace, negate or otherwise supercede otherwise applicable quorum requirements.”
The engrossed bill was before the Senate subject to amendment and re-enactment.
On motion of Mr. Tarr, the Senate accepted the report of the committee on Bills in the Third Reading and adopted the amendment recommended by His Excellency the Governor as recommended by the committee on Bills in the Third Reading.
Sent to the House for concurrence in the amendment.

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 House Bill authorizing the Commissioner of the Division of Capital Asset Management and Maintenance to convey certain land to the Foxborough Housing Authority (House, No. 4976).

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 authorizing the Commissioner of Capital Asset Management and Maintenance to convey certain land to the Foxborough Housing Authority.”

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 bills

Authorizing the town of Westborough to grant 3 additional licenses for the sale of all alcoholic beverages to be drunk on the premises (Senate, No. 2327); and

Validating the results of the annual town elections held in the town of Falmouth on May 18, 2004 (Senate, No. 2410);
Were severally read a third time and passed to be engrossed.
Severally sent to the House for concurrence.

PAPERS FROM THE HOUSE.

Bills Returned with Recommendation of Amendment.

A message from His Excellency the Governor returning with recommendation of amendment the engrossed Bill prohibiting discrimination against veterans in employment (see House, No. 1053) [for message, see House, No. 4802],— came from the House with endorsement that the House adopted the amendment (as recommended by the committee on Bills in the Third Reading) in the following form:

By striking out all after the enacting clause and inserting in place thereof the following:

“SECTION 1. Section 4 of chapter 151B of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after subsection 1C the following subsection:—

1D. For an employer, an employment agency, the commonwealth or any of its political subdivisions, by itself or its agents, to deny initial employment, reemployment, retention in employment, promotion, or any benefit of employment to a person who is a member of, applies to perform, or has an obligation to perform, service in a uniformed military service of the United States including the National Guard, on the basis of that membership, application or obligation.

SECTION 2. Chapter 115 of the General Laws is hereby amended by inserting after section 2A the following section:—

Section 2B. There shall be a commission on veterans employment opportunities that shall investigate whether veterans are subjected to employment discrimination on the basis of their status as veterans which shall report its findings and recommendation annually on March 1 to the secretary of veterans affairs. Said commission shall consist of 5 persons who are as follows: the secretary of veterans affairs or his designee, the secretary of economic development or his designee, a member appointed by the speaker of the house, a member appointed by the president of the senate, and a veteran appointed by the governor.”

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.
The rules were suspended, on motion of Mr. Moore, and the House amendment was considered forthwith and adopted, in concurrence.
Sent to the House for re-enactment.

A Bill authorizing the town of Norwood to lease certain land (House, No. 4847,— on petition),— 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.

Reports 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 Robert A. O’Leary and Eric Turkington for legislation relative to dual agency.
Senate Rule 36 was suspended, on motion of Mr. Tarr, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Banks and Banking.

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 Marian Walsh and Michael F. Rush for legislation relative to the motor vehicle excise tax.
Senate Rule 36 was suspended, on motion of Mr. Tarr, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Taxation.
Severally sent to the House for concurrence.

PAPERS FROM THE HOUSE.

A petition (accompanied by bill, House, No. 5062) of James R. Miceli and other members of the General Court relative to the membership of the Middlesex Canal Commission,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Natural Resources and Agriculture.

Engrossed Bills.

The following engrossed bills (all of which originated in the House), 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 use of safety helmets for persons sixteen years of age and under while operating or riding as a passenger on bicycles, in-line skates, scooters and skateboards (see House, No. 1920, amended);

Relative to the charter of the city of Gloucester (see House, No. 4092);

Relative to pension benefits for Sergeant Charles L. Byrne, Jr. (see House, No. 4722); and

Relative to public safety in the city of Somerville (see House, No. 5045).

Order Adopted.

On motion of Mr. Shannon,—

Ordered, That when the Senate adjourns today, it adjourn to meet again on Monday 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. Moore, at twenty minutes past eleven o’clock A.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.