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.

Tuesday, March 4, 2008.

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

Distinguished Guests.

There being no objection, the Chair (Mr. Timilty) handed the gavel to Mr. McGee for the purpose of an introduction. Mr. McGee then introduced students and teachers from Cohen Hillel Elementary School in Marblehead, Massachusetts. The Senate welcomed them with applause and they withdrew from the Chamber.

Communication.

A communication from the Department of Public Health relative to a plan of correction submitted pursuant to inspection of the Bay State Correctional Center (received Friday, February 29, 2008),— was placed on file.

Reports.

The following reports were severally read and placed on file:

A report of Project Bread (pursuant to line item 4400-1001 of the FY07 state budget, Chapter 61 of the Acts of 2007) submitting its Hunger Prevention Plan (received Thursday, February 28, 2008);
A report from the Massachusetts Housing and Shelter Alliance (pursuant to line item 4406-3010 of the FY07 state budget, Chap­ter 139 of the Acts of 2006) submitting its Progress Report, March 2008, Home & Healthy for Good: A. Statewide Pilot Housing First Program (received Friday, February 29, 2008); and
A report of the Division of Unemployment Assistance (under the provisions of Section 14F of Chapter 151A of the General Laws) relative to the balance of the Unemployment Insurance Trust Fund as of January 31, 2008 and new projections for the 2008 to 2012 outlook period (received Monday, March 3, 2008).

Petition.

Mr. Augustus presented a petition (subject to Joint Rule 12) of Edward M. Augustus, Jr., George N. Peterson, Jr. and Richard T. Moore for legislation relative to retirement benefits for Richard Greco,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of a Committee.

By Ms. Fargo, for the committee on Public Health, on petition, a Bill relative to health care providers and first responders education (Senate, No. 1233);
By the same Senator, for the same committee, on petition, a Bill providing for disclosure of certain information relating to tobacco products sold in the Commonwealth (Senate, No. 1241);
By the same Senator, for the same committee, on petition, a Bill relative to MassHealth enrollment for persons leaving correctional facilities (Senate, No, 1253);
By the same Senator, for the same committee, on petition, a Bill requiring hospitals to report head and spinal cord injuries (Senate, No. 1257);
By the same Senator, for the same committee, on petition, a Bill relative to the statewide head injury program (Senate, No. 1276);
By the same Senator, for the same committee, on petition, a Bill prohibiting the sale of gray market and counterfeit tobacco products (Senate, No. 1324);
By the same Senator, for the same committee, on petition, a Bill relative to the registration of nurses (Senate, No. 1332);
By the same Senator, for the same committee, on Senate, No. 1333 and House, No. 2127, a Bill relative to smoking cessation and medicaid (Senate, No. 1333); and
By the same Senator, for the same committee, on petition, a Bill relative to screening for developmental disabilities (Senate, No. 1336);
Severally referred, under Joint Rule 1E, to the committee on Health Care Financing.

PAPER FROM THE HOUSE.

A Bill providing for an exemption for certain persons from Proposition two and one-half overrides (House, No. 4534,— on House, No. 2840),— was read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Resolutions.

The following resolutions (having been filed with the Clerk) were considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Augustus) “recognizing Ronald P. Desantis on the occasion of his retirement from the town of Millbury.”

Reports of Committees.

Mr. Downing, for the committee on Ethics and Rules, reported that the following matter be placed in the Orders of the Day for the next session:
The Senate Bill relative to the appointment of town managers (Senate, No. 1204).
There being no objection, the rules were suspended, on motion of Mr. McGee, and the bill was read a second time and ordered to a third reading.

Mr. Downing, for the committee on Ethics and Rules, reported that the following matter be placed in the Orders of the Day for the next session:
The Senate Resolve providing for a special commission on police training (Senate, No. 1342).
There being no objection, the rules were suspended, on motion of Mr. Hedlund, and the bill was read a second time and ordered to a third reading.

Mr. Downing, for the committee on Ethics and Rules, reported that the following matter be placed in the Orders of the Day for the next session:
The House Bill to provide local property tax relief to nonprofit veteran organizations (House, No. 3045).
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time and ordered to a third reading.

By Mr. Downing, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Mark C. Montigny, Patricia D. Jehlen, Elizabeth A. Malia and James E. Timilty for legislation to cap nonprofit executive compensation.
Senate Rule 36 was suspended, on motion of Mr. Hedlund, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on the Judiciary.

By Mr. Downing, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Stephen J. Buoniconti for legislation relative to the establishment of a dangerous dog registry.
Senate Rule 36 was suspended, on motion of Mr. Hedlund, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Municipalities and Regional Government.

By Mr. Downing, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Mark C. Montigny, Joan M. Menard, Michael J. Rodrigues, Robert M. Koczera and other members of the General Court for legislation to authorize the state retirement board to grant creditable service to Joan Casey-Amaral.
Senate Rule 36 was suspended, on motion of Mr. Hedlund, 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.
Severally sent to the House for concurrence.

Recess.

There being no objection, at nine minutes past eleven o’clock A.M, the Chair (Mr. Timilty) declared a recess subject to the call of the Chair; and, at a quarter before twelve o’clock noon, the Senate reassembled, Mr. Timilty in the Chair.

Report of a Committee.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill relative to the Massachusetts Global Warming Solutions Act (Senate, No. 2423),— ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2531).
There being no objection, the rules were suspended, on motion of Mr. Hedlund, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2531) was then ordered to a third reading.

Order Adopted.

Mr. Pacheco offered the following order, to wit:

Ordered, That notwithstanding Senate Rule 7 or any other rule to the contrary all amendments to the Senate Bill relative to the Massachusetts Global Warming Solutions Act (Senate, No. 2531) shall be filed electronically in the office of the Clerk of the Senate by 5:00 P.M. on Wednesday, March 5, 2008. All amendments will be third reading amendments and must contain a short descriptive title.
Under the rules, referred to the committee on Ethics and Rules. Subsequently, Mr. Downing for the said committee, reported, recommending that the order ought to be adopted.
The rules were suspended, on motion of Mr. Hedlund, and the order was considered forthwith and adopted.

PAPERS FROM THE HOUSE.
Engrossed Bills.

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. Timilty) and laid before the Governor for his approbation, to wit:
Relative to revising the composition and duties of the Quinebaug and Shetucket Rivers Valley Heritage District and Commission (see Senate, No. 2310, amended);
Authorizing the city of Springfield to enter into agreements for library purposes (see House, No. 4082); and
Relative to town meeting members in the town of Framingham (see House, No. 4432).

Order Adopted.

On motion of Mr. Hedlund,—

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