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 26, 2004.

Met at seven minutes past eleven o’clock A.M. (Ms. Walsh in the Chair) (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

The Senator from Worcester and Norfolk, Mr. Moore, then led the Chair (Ms. Walsh), members, guests and employees in the recitation of the pledge of allegiance to the flag.

Communications — Appointments.

The following communications were severally read for the information of the Senate and placed on file:

A communication from the Honorable Robert E. Travaglini, President of the Senate, announcing the appointments of Senators Joan M. Menard, Robert A. Antonioni, David P. Magnani and Thomas M. McGee to the Advisory Committee (established pursuant to Section 344 of chapter 149 of the Acts of 2004) relative to early care and education;

A communication from the Honorable Robert E. Travaglini, President of the Senate, announcing the appointments of Attorney Mary J. Kennedy, President of the Hampden County Bar Association, Attorney W. Paul White, former State Senator, and Attorney John M. Claffey, Professor at Western New England College of Law, to the special commission (established pursuant to Chapter 253 of the Acts of 2004) relative to the provision of counsel to indigent persons who are entitled to the assistance of assigned counsel; and

A communication from the Honorable Brian P. Lees, Minority Leader of the Senate, announcing the appointment of Senator Bruce E. Tarr to the Advisory Committee (established pursuant to Section 344 of Chapter 149 of the Acts of 2004) relative to early care and education.

Petition.

Mr. Panagiotakos presented a petition (subject to Joint Rule 12) of Steven C. Panagiotakos and Thomas A. Golden, Jr. for legislation relative to energy monitoring systems,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

By Ms. Fargo, for the committee on Local Affairs and Regional Government, on petition, a Bill authorizing certain terms for borrowing by the town of Falmouth for the acquisition and operation of a golf course (Senate, No. 2447) [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 Springfield Water and Sewer Commission (House, No. 4382).

Resolutions.

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

Resolutions (filed by Mr. Magnani) “on the occasion of the dedication of a memorial for September 11, 2001 in the town of Framingham”; and

Resolutions (filed by Mr. Pacheco) “congratulating Anne B. Sowiecki on the occasion of her ninetieth birthday.”

PAPER FROM THE HOUSE.

A Bill establishing requirements for voters who register by mail (House, No. 4512, amended,— on House, Nos. 333, 690, 2419 and 2420),— was read.
There being no objection, the rules were suspended, on motion of Mr. Joyce, and the bill was read a second time.
Pending the main question on ordering the bill to a third reading, Mr. Joyce offered an amendment, striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2480.
The amendment was adopted.

The bill, as amended, was then ordered to a third reading, read a third time and passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

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

Relative to execution of certain mortgage-related instruments (Senate, No. 6);

Relative to licensing fees for service dogs (Senate, No. 458); and

Civil service exemption for Joseph A. Vieira III in the town of Wilmington (Senate, No. 2350);
Were severally read a third time and passed to be engrossed.
Severally sent to the House for concurrence.

PAPER FROM THE HOUSE.

Bill Returned with Recommendation of Amendment.

A message from His Excellency the Governor, returning, with recommendation of amendment, the engrossed Bill directing the Commissioner of Capital Asset Management and Maintenance to place a certain conservation restriction on and transfer a certain parcel of land to the Kuzeja Real Estate Trust (see House, No. 3985, amended), which on Friday, July 30, 2004, had been laid before the Governor for his approbation [for message, see House No. 5057],— came from the House with the endorsement that the House had adopted the amendment as approved by the House committee on Bills in the Third Reading.

The message (House, No. 5057) was read, and under the provisions of Article LVI of the Amendments to the Constitution, the bill was before the Senate for amendment and re-enactment.

On motion of Mrs. Sprague, the Senate adopted the amendment recommended by the Governor and approved by the House, as corrected (Senate BTR), as follows:

In section 1, in the first sentence, by striking out the following: “shall, notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws, convey by deed approved as to form by the attorney general;” and inserting in place thereof the following: “may, subject to sections 40F˝ and 40J of chapter 7 of the General Laws, convey by deed”.
Sent to the House for re-enactment.

Reports 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 relative to the Belchertown Economic Development and Industrial Corporation (House, No. 4692).
There being no objection, the rules were suspended, on motion of Mr. Joyce, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

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 validating the proceedings of the annual town meeting in the town of Brookfield (printed in House, No. 4756).
There being no objection, the rules were suspended, on motion of Mr. Moore, 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 Richard T. Moore, Pamela P. Resor, Patricia A. Haddad, Mark J. Carron and other members of the General Court for the adoption of an order relative to authorizing the committee on Public Service to make an investigation and study of active duty death benefits of members of the Massachusetts National Guard.
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 order) was referred to the committee on Public Service.

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 Michael W. Morrissey and Richard R. Tisei for legislation to authorize and direct the State Retirement Board to grant creditable service to Thomas P. Gray, an employee of the Commonwealth.
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.

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 Richard T. Moore, Patricia A. Haddad, Mark J. Carron, Thomas J. O’Brien and other members of the General Court for the adoption of an order relative to authorizing the committee on Government Regulations and the committee on Energy to make an investigation and study of the feasibility of utilizing “off-peak” energy storage for the benefit of energy consumers.
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 order) was referred to the committees on Rules of the two branches, acting concurrently.
Severally sent to the House for concurrence.

PAPERS FROM THE HOUSE.

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 authority of the Bureau of Special Investigations (see House, No. 4737, amended);

Designating a certain bridge in the city of Worcester as the Representative Robert J. Bohigian Bridge (see House, No. 4761); and

Relative to the sale of alcoholic beverages to be drunk on the premises of clubs or veterans’ organizations in the town of Natick (see House, No. 4882).

Emergency Preamble Adopted.

An engrossed Bill authorizing the Commissioner of Capital Asset Management and Maintenance to convey certain land to the Foxborough Housing Authority (see House, No. 4976), 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 4 to 0.
The bill was signed by the Acting President and sent to the House for enactment.
A Bill relative to the charter of the town of Dudley (printed in House, No. 5069,— being a message from Her Honor the Lieutenant Governor, Acting Governor),— was read.
There being no objection, the rules were suspended, on motion of Mr. Moore, 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 Secretary of State to place questions of recall on the state election ballot in the town of Stoughton (House, No. 5070,— being a message from the Secretary of the Commonwealth, Acting Governor),— was read.
There being no objection, the rules were suspended, on motion of Mr. Joyce, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.
There being no objection, at twenty-eight minutes past eleven o’clock A.M., the Chair (Ms. Walsh) declared a recess; and at twenty-three minutes past one o’clock P.M., the Senate reassembled, Ms. Walsh in the Chair.

PAPERS FROM THE HOUSE.

Emergency Preamble Adopted.

An engrossed Bill establishing requirements for voters who register by mail (see House, No. 4512, amended), 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.

Engrossed Bills.

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), the following engrossed bills (both 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, two-thirds of the members present having voted in the affirmative, and were signed by the President and laid before the Governor for his approbation, to wit:

Relative to the charter of the town of Dudley (see House Bill, printed in House, No. 5069); and

Authorizing the Secretary of State to place questions of recall on the state election ballot in the town of Stoughton (see House Bill, printed in House, No. 5070).

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

Relocating certain harbor lines in the Fairhaven and New Bedford harbors (see Senate, No. 2170);

Establishing requirements for voters who register by mail (see House, No. 4512, amended); and

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

Order Adopted.

On motion of Mr. Joyce,—

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 Mrs. Sprague, at twenty-six minutes before two o’clock P.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.