Office of the Clerk of the Senate

William F. Welch
Senate Clerk

Office of the Clerk of the Senate
24 Beacon Street
Room 335 — State House
Boston, MA 02133 
Tel: 617-722-1276

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SENATE  

CALENDAR FOR THURSDAY, FEBRUARY 4, 2016    

[The Senate will meet at eleven o’clock A.M.]          

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ORDERS OF THE DAY

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SECOND READING MATTERS.

            166. [H. 3858] Bill (H.) to improve public records (House, No. 3858, amended). 2d.
           
[On Senate, No. 1676 and House, No. 2772.]
            [From the committee on State Administration and Regulatory Oversight.]
            [Amended by the House in Section 5 by inserting in proposed section 10 the following new subsection:-

            “(g) The records access officer shall reserve the right to deny public records requests to a requester for failures to compensate the agency, or city or town, for previous public records requests. The records access officer shall provide a written notification to the requester detailing the reasons behind the denial, and itemizing any and all balances attributed to the previous records request.”; and by adding the following section:-

            SECTION 11. There shall be established pursuant to section 2A of chapter 4 of the General Laws a special legislative commission to examine the accessibility of information concerning the legislative process of the general court.  Said special legislative commission shall consist of 14 members 1 of whom shall be the House chair of the joint committee on state administration and regulatory oversight, who shall serve as co-chair; 1 of whom shall be the Senate chair of the joint committee on state administration and oversight, who shall serve as co-chair; 1 of whom shall be the chair of the house committee on rules; 1 of whom shall be the chair of the senate committee on rules; 2 of whom shall be members of the House of Representatives appointed by the Speaker of the House; 1 of whom shall be a member of the House of Representatives appointed by the minority leader of the House; 2 of whom shall be members of the Senate appointed by the President of the Senate; 1 of whom shall be a member of the Senate appointed by the minority leader of the Senate; and 2 of whom shall be members of the house of representatives or senate appointed jointly by the speaker of the house and the president of the senate,

            The special legislative commission shall examine the procedures and practices of the house of representatives and Senate and its committees with regard to legislative process including, but not limited to: scheduling and notice of public hearings and legislative sessions; management of legislative calendars ; scope and substance of committee hearings, including the number of bills heard at each hearing; publication and availability of records concerning committee proceedings, including public hearing agendas, public testimony, and committee votes; rules and scheduling requirements for committee reports; content of committee reports, such as summary, explanatory, and analytical materials; contemporaneous and permanent online access to open sessions of the house of representatives and senate; publication of records concerning house and senate sessions, including but not limited to roll call votes; and publication of proposed amendments to legislation and votes thereon.

            The special legislative commission shall also examine the constitutionality and practicality of subjecting the general court, the executive office of the governor and the judicial branch to the public records law. In conducting its examination the special legislative commission shall examine, without limitation, the applicability and impact of Article XXI of the Declaration of Rights, Article XXX of the Declaration of Rights, Article 7 of Section 2 of Chapter 1 of Part the Second of the Constitution of the Commonwealth and Article 10 of Section 3 of Chapter 1 of Part the Second of the Constitution of the Commonwealth. 

            In undertaking its examination, the special legislative commission shall examine the procedures used by legislatures in other states and those used by the United States Congress for making information concerning the legislative process available to the public.

            Counsel to the House and Senate appointed pursuant to section 51 of chapter 3 of the General Laws shall serve as counsel to the special legislative commission.

            The special legislative commission may consult with: (i) nongovernmental organizations and academic institutions that have expertise that can benefit the commission, including, but not limited to Common Cause, the American Civil Liberties Union, the Massachusetts Newspaper Publishers Association and the Massachusetts Taxpayers Foundation; and (ii) solicit input from journalistic associations, public policy research institutions, other government institutions with expertise in public access to public proceedings, and other entities with an interest in the legislative process.

            The special legislative commission shall issue a report on or before December 1, 2016, which shall include recommendations for legislation or changes to legislative rules to: enhance the accessibility of information to the public concerning the legislative operations of the general court; improve the use of information technology for public access to information about the general court; promote substantive reporting by legislative committees; ensure a permanent, accessible, and substantive record of public legislative proceedings, including house and senate sessions and public committee hearings; and apply to the general court either by statute or by rule any provisions of the public records and open meetings laws the commission deems practicable. Said report shall include the constitutional basis for the special legislative commission’s recommendations. Said report shall be filed with the joint committee on rules, the joint committee on state administration and regulatory oversight, the joint committee on ways and means, and the offices of the house and senate clerks, and shall be posted online.”]

            [The committee on Ways and Means (Spilka) recommends that the bill be amended by striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2120; and by striking out the title and inserting in place thereof the following title:- “An Act improving the administration and enforcement of the public records law”.]

NOTICE SECTION.

SECOND READING MATTERS.

            167. [S. 2068] Bill relative to certain charges and fees in the town of Charlton (Senate, No. 2068). 2d. [L’Italien.]  
            [Local approval received.]    
            [From the committee on Municipalities and Regional Government.]

            168. [S. 2086] Bill authorizing the town of Westport to indemnify for the payment of certain medical expenses for a retired firefighter (Senate, No. 2086). 2d. [L’Italien.]  
            [Local approval received.]    
            [From the committee on Municipalities and Regional Government.]

            169. [H. 3761] Bill (H.) authorizing the town of Bolton to grant a license for the sale of all alcoholic beverages to be drunk on the premises (House, No. 3761, amended). 2d.    
            [Local approval received.]
            [From the committee on Consumer Protection and Professional Licensure.]
            [Amended by the House in section 1 in lines 7 to 15, inclusive, by striking out the two paragraphs contained in those lines and inserting in place thereof the following two paragraphs:-
            “(b) The licensing authority shall not approve the transfer of the license to any other location but it may, subject to all of the procedures set forth in section 15A of said chapter 138, grant the license to a new applicant at the same location if the applicant files with the licensing authority a letter from the department of revenue and a letter from the department of unemployment assistance indicating that the license is in good standing with those departments and that all applicable taxes, fees and contributions have been paid.
            (c) If the license granted pursuant to this section is cancelled, revoked or no longer in use, it shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority and the licensing authority may then grant the license to a new applicant at the same location under the same conditions as specified in this act.”.]

            170. [H. 3975] Bill (H.) authorizing the town of Watertown to grant 15 additional licenses for the sale of alcoholic beverages to be drunk on the premises (House, No. 3975). 2d.
            [On House, No. 3720.]
            [Local approval received on House, No. 3720.]
            [From the committee on Consumer Protection and Professional Licensure.]

THIRD READING MATTERS.

            25. [S. 1066] Bill allowing the city of Everett to increase the fee for lodging house licenses (Senate, No. 1066). 3d. [L’Italien.]  
            [Local approval received.]
            [From the committee on Municipalities and Regional Government.]

            26. [S. 1067] Bill allowing the city of Everett to increase the fee for second class motor dealers licenses (Senate, No. 1067). 3d. [L’Italien.]  
            [Local approval received.]
            [From the committee on Municipalities and Regional Government.]

            29. [S. 1935] Bill authorizing the town of Nantucket to sell, convey, or otherwise dispose of certain land situated in the town of Nantucket held for open space, recreational or conservation purposes to the Nantucket Islands Land Bank and Madaket Conservation Trust for the same purposes (Senate, No. 1935). 3d. [L’Italien.]  
            [Local approval received.]
            [From the committee on Municipalities and Regional Government.]

            30. [S. 1936] Bill approving the conveyance of property by the county of Nantucket (Senate, No. 1936). 3d. [L’Italien.]  
            [Local approval received.]
            [From the committee on Municipalities and Regional Government.]

            32. [S. 1940] Bill authorizing the relocation, replacement, reconstruction and maintenance of a piling supported building in the town of Newbury (Senate, No. 1940). 3d. [L’Italien.]  
            [Local approval received.]
            [From the committee on Municipalities and Regional Government.]

            35. [H. 1858] Bill (H.) relative to the Nantucket Memorial Airport Fuel Revolving Account (House, No. 1858). 3d.
            [Local approval received.]
            [From the committee on Municipalities and Regional Government.]

            46. [H. 3561] Bill (H.) relative to the interest rate on sewer assessments in the town of Stoughton (House, No. 3561). 3d.
            [On House, No. 3268.]
            [Local approval received on House, No. 3268.]
            [From the committee on Municipalities and Regional Government.]

            61. [S.1078] Bill relative to the charter of the town of Sutton (Senate, No. 1078). 3d.[L’Italien.]  
            [Local approval received.]
            [From the committee on Municipalities and Regional Government.]

            62. [S. 1095] Bill authorizing the conveyance of certain property in the town of Salisbury (Senate, No. 1095). 3d.[L’Italien.]  
            [Local approval received.]
            [From the committee on Municipalities and Regional Government.]

            68. [S.1983] Bill authorizing the Andover school district to convey a certain parcel of land (Senate, No. 1983). 3d.[L’Italien.]    
            [Local approval received.]
            [From the committee on Municipalities and Regional Government.]

            92. [H. 3598] Bill (H.) relative to preliminary elections for certain offices in the city of Lawrence (House, No. 3598). 3d.
            [Local approval received.]
            [From the committee on Election Laws.]

            105. [S. 1999] Bill relative to segregated reserve funds in the city of Boston (Senate, No. 1999). 3d. [L’Italien.]  
            [Local approval received.]
            [From the committee on Municipalities and Regional Government.]

            106. [S. 2001] regarding a quorum of a public body in the town of Milton (Senate, No. 2001). 3d. [L’Italien.]  
            [Local approval received.]
            [From the committee on Municipalities and Regional Government.]

            110. [H. 3594] Bill (H) authorizing the town of Pembroke to use water supply and conservation land for public way purposes (House, No. 3594). 3d.
            [Local approval received.]
            [From the committee on Environment, Natural Resources and Agriculture.]

            111. [H. 3595] Bill (H) authorizing the town of Sharon to abate certain  real property taxes (House, No. 3595). 3d.
            [Local approval received.]
            [From the committee on Municipalities and Regional Government.]

            120. [H. 3604] Bill (H) relative to the school committee for the city of Lawrence (House, No. 3604). 3d.
            [Local approval received.]
            [From the committee on Municipalities and Regional Government.]

            124. [H. 3664] Bill (H) authorizing the town of Orleans to lease a certain parcel of land (House, No. 3664). 3d.
            [Local approval received.]
            [From the committee on Municipalities and Regional Government.] 

            129. [S. 2053] Bill supporting military leave (Senate, No. 2053). 3d.
           
[Substituted by amendment by the Senate on recommendation of the committee on Ways and Means for Senate, No. 1019.]

            139. [H. 3195] Bill (H) relative to town meetings in the Town of Framingham (House, No. 3195). 3d.  
            [Local approval received.]       
            [From the committee on Municipalities and Regional Government.]

            144. [H. 3783] Bill (H) authorizing the town of Montague to grant an additional license for the sale of all alcoholic beverages to be drunk on the premises (House, No. 3783). 3d.
            [Local approval received.]       
            [From the committee on Consumer Protection and Professional Licensure.]

            146. [H. 3834] Bill (H) authorizing the conveyance of a certain parcel of land in the town of Lynnfield (House, No. 3834). 3d.    
            [Local approval received.]       
            [From the committee on Municipalities and Regional Government.]

            150. [S. 1967] Bill relative to the provision of group health insurance benefits in the town of Athol (Senate, No. 1967). 3d. [Timilty.]
            [Local approval received.]
            [From the committee on Public Service.]

            151. [S. 1992] Bill authorizing the town of Milton to establish a special purpose stabilization fund (Senate, No. 1992). 3d. [L’Italien.] 
           
[Local approval received.]
            [From the committee on Municipalities and Regional Government.]

            152. [S. 1995] Bill relative to constables in the town of Middleborough (Senate, No. 1995). 3d. [L’Italien.]    
            [Local approval received.]
            [From the committee on Municipalities and Regional Government.]

            153. [H. 3244] Bill (H.) relative to nitrogen loading easements in the town of Sterling (House, No. 3244). 3d.  
            [Local approval received.]
            [From the committee on Environment, Natural Resources and Agriculture.]

            154. [H. 3582] Bill (H.) relative to the town of Foxborough (House, No. 3582). 3d.  
            [Local approval received.]
            [From the committee on Municipalities and Regional Government.]

            155. [H. 3711] Bill (H.) authorizing the town of Lincoln to grant a license for the sale of alcoholic beverages to be drunk on the premises (House, No. 3711, amended). 3d.  
            [On House, No. 3355.]
            [Local approval received on House, No. 3355.]
            [From the committee on Consumer Protection and Professional Licensure.]
            [Amended by the House in section 1 by striking out the first paragraph and inserting in place thereof the following paragraph:-

            “Notwithstanding sections 11 and 17 of chapter 138 of the General Laws or of any other general or special law to the contrary, the licensing authority of the town of Lincoln may grant an additional license for the sale of all alcoholic beverages to be drunk on the premises pursuant to section 12 of said chapter 138 to Blazes LLC at a location in the town of Lincoln to be determined by Blazes LLC and approved by the licensing authority. The license shall be subject to all of said chapter 138 except said section 17.”.]

            156. [H. 3729] Bill (H.) relative to the street closure permitting process in the city of Boston (House, No. 3729). 3d.  
            [Local approval received.]
            [From the committee on Municipalities and Regional Government.]

            157. [H. 3738] Bill (H.) Relative to the Position of Highway Surveyor in the Town of Hanson (House, No. 3738). 3d.  
            [Local approval received.]
            [From the committee on Municipalities and Regional Government.]

            159. [H. 3855] Bill (H.) relative to certain bonds issued by the town of Hull (House, No. 3855). 3d.  
            [Local approval received.]
            [From the committee on Municipalities and Regional Government.]

            160. [H. 3864] Bill (H.) authorizing the city of Fitchburg to use ImageCast precinct tabulators at a special state primary (House, No. 3864, amended). 3d.  
            [Local approval received.]
            [From the committee on Election Laws.]
            [Amended by the House by adding the following section:-

            “SECTION 2. This act shall take effect upon its passage.”]

            163. [H. 3948] Bill (H.) authorizing the City of Springfield to transfer certain property to Habitat for Humanity (House, No. 3948). 3d.  
            [On House, No. 3562.]
            [Local approval received on House, No. 3562.]
            [From the committee on Municipalities and Regional Government.]