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 28, 2008.

Met at four minutes past eleven o’clock A.M. (Mr. Tolman in the Chair).

The Chair (Mr. Tolman), members, guests and employees then recited the pledge of allegiance to the flag.

Communication.

A communication from the Honorable Richard R. Tisei, Senate Minority Leader, announcing the appointment of Senator Robert L. Hedlund to the Special Commission established (pursuant to Chapter 2 of the Resolves of 2007) to make an investigation and study relative to hygienic procedures pertaining to band instruments and the prevention of the spread of contagious diseases through the use of such instruments in school,— was placed on file.

Reports.

A report of the Division of Unemployment Assistance (under the provisions of Section 14F of Chapter 151A of the General Laws) relative to the condition of the Unemployment Insurance Trust Fund for the month of December 31, 2007 (received Thursday, January 24, 2008),— was placed on file.

The following reports were severally read and sent to the House for its information:
A report of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) relative to inspection of Bridgewater State Hospital (received Friday, January 25, 2008);
A report of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) relative to inspection of the Massachusetts Alcohol and Substance Abuse Center (received Friday, January 25, 2008); and
A report of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) relative to inspection of the Bridgewater Correctional Complex Core Services Facility (received Friday, January 25, 2008).

Reports of a Committee.

By Mr. Moore, for the committee on Health Care Financing, that the Senate bills
Relative to eligibility criteria for nursing homes serving pediatric residents (Senate, No. 121) (also based on House No. 1142) [Estimated cost — more than $100,000];
Relative to eligibility for state group health insurance (Senate, No. 1587) [Estimated cost — $10,463,981]; and
To establish a statewide environmental illness incidence registry (Senate, No. 2202) [Estimated cost — more than $100,000];
Severally ought to pass.
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Mr. Moore, for the committee on Health Care Financing, that the Senate bills
Relative to permanently institutionalized persons long term care insurance (Senate, No. 402) [Estimated cost — $0];
Establishing interagency agreements to provide home and community-based services. (Senate, No. 429) (also based on House No. 2195) [Estimated cost — less than $100,000]; and
Relative to volunteer dentistry (Senate, No. 1323) [Estimated cost — less than $100,000];
Severally ought to pass.
Severally read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

PAPERS FROM THE HOUSE.

A message from His Excellency the Governor recommending legislation relative to improving tax fairness and business competitiveness (House, No. 4499),— was referred, in concurrence, to the committee on Revenue.

Bills
Relative to town meetings in the town of Orange (House, No. 4277,— on petition) [Local approval received];
Relative to the town of Somerset (House, No. 4402,— on petition) [Local approval received]; and
Relative to an exchange of land in the town of Swansea (House, No. 4440,— on House, No. 4355) [Local approval received on House, No. 4355];
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 Ms. Chandler) “recognizing January 30, 2008, as the celebration of Ezra Beaman Day in the town of West Boylston”; and
Resolutions (filed by Ms. Resor) “honoring the Acton Chinese Language School on the occasion of its fifth anniversary.”

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 authorizing the appointment of special police officers in the city of Everett (House, No. 3982) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time and passed to be engrossed, in concurrence.

Order Adopted.

Mr. Petruccelli offered the following order, to wit:
Ordered, That notwithstanding any order previously adopted, the Senate Bill for a healthy Massachusetts, safer alternatives to toxic chemicals (Senate, No. 2406), currently being considered in the Senate Calendar, shall be open to further amendments.

All amendments to the bill shall be filed electronically in the office of the Clerk of the Senate by 10:00 A.M, on Tuesday, Janu­ary 29, 2008. All such amendments shall be second-reading amendments, but further amendments in the third degree to such amendments shall be in order. The Clerk shall further specify the procedure and format for filing all amendments, consistent with this order.

After the bill as amended is ordered to a third reading, it shall immediately be read a third time and the question shall then immediately be on passing it to be engrossed, and no amendments shall be in order at the third reading of the bill unless recommended by the committee on Bills in the Third Reading.
Under the rules, referred to the committees on Ethics and Rules.
Subsequently, Mr. Downing for the said committees, reported, that the order ought to be adopted.
The rules were suspended, on motion of Ms. Fargo, and the order was considered forthwith and adopted.

Petition.

On motion of Mr. Petruccelli, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Galluccio, (accompanied by bill) of Anthony D. Galluccio, Patricia D. Jehlen, Denise Provost, Carl M. Sciortino, Jr., and other members of the General Court for legislation to require proof of residency of charter school students,— and the same was referred to the committee on Education.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.

A joint petition (accompanied by bill, House, No. 4501) of Garrett J. Bradley and Robert L. Hedlund for legislation to regulate certain licenses for the sale of alcoholic beverages to be drunk on the premises in the town of Hingham,— was referred, in concurrence, under suspension of Joint Rule 7B, to the committee on Consumer Protection and Professional Licensure.

A Message from his Excellency the Governor relative to trans­ferring county sheriffs to the Commonwealth (accompanied by bill, House, No. 4498),— came from the House, with the endorsement that they had referred the message to the committee on the Judiciary.
On motion of Senator Petruccelli, the Senate NON-concurred in the reference to the committee on the Judiciary and referred the petition to the committee on Public Safety and Homeland Security.
Sent to the House for its action.

Recess.

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

Reports of a Committee.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill relative to the oversight of inspections (Senate, No. 1367),— ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2473).
There being no objection, the rules were suspended, on motion of Mr. Knapik, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2473) was then ordered to a third reading.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill establishing a sick leave bank for Kathryn McGaffey, an employee of the Department of Social Services (Senate, No. 2447),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Knapik, and the bill was read a second time and ordered to a third reading.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill to promote breastfeeding (Senate, No. 2438),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Knapik, and the bill was read a second time and ordered to a third reading.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill relative to child abuse and neglect (House, No. 4333, printed as amended),— ought to pass, with an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2472; and, by striking out the title and inserting in place thereof the following title: “An Act to protect the children of the Commonwealth.”.

Order Adopted.

Mr. Knapik offered the following order, to wit:

Ordered, That notwithstanding Senate Rule 7 or any other rule to the contrary, the House Bill relative to child abuse and neglect (House, No. 4333, amended) as reported by the committee on Ways and Means with a new text (Senate, No. 2472), shall be placed in the Orders of the Day for consideration of its second reading on Tuesday, January 29, 2008.

All amendments to the bill shall be filed electronically in the office of the Clerk of the Senate by 10:00 a.m. on Tuesday, Janu­ary 29, 2008. All such amendments shall be second-reading amendments, but further amendments in the third degree to such amendments shall be in order. The Clerk shall further specify the procedure and format for filing all amendments, consistent with this order.

After the bill as amended is ordered to a third reading, it shall immediately be read a third time and the question shall then immediately be on passing it to be engrossed, and no amendments shall be in order at the third reading of the bill unless recommended by the committee on Bills in the Third Reading,
Under the rules, referred to the committees on Ethics and Rules. Subsequently, Mr. Downing for the said committees, reported, that the order ought to be adopted.
The rules were suspended, on motion of Mr. Knapik, and the order was considered forthwith and adopted.
The bill (House, No. 4333, printed as amended) was then placed in the Orders of the Day for the next session for a second reading, with the Ways and Means amendments pending.

Order Adopted.

On motion of Mr. Knapik,—

Ordered, That when the Senate adjourns today, it adjourn to meet again tomorrow at one o’clock P.M., in a full formal session.