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 18, 2008.

Met at nine minutes past eleven o’clock A.M.

The President, members, guests and employees then recited the pledge of allegiance to the flag.

Petitions.

Petitions were presented and referred, as follows:
By Mr. Brown, a petition (subject to Joint Rule 12) of Scott P. Brown for legislation to reduce car emissions;
By Mr. McGee, a petition (subject to Joint Rule 12) of Thomas M. McGee, Richard R. Tisei and Katherine M. Clark for legislation to establish a sick leave bank for Mark Stanton, an employee of the Department of Public Health; and
By Ms. Spilka, a petition (subject to Joint Rule 12) of Karen E. Spilka, Tom Sannicandro, Harriette L. Chandler, Edward M. Augustus, Jr. and other members of the General Court for legislation to create a fund to assist municipalities experiencing extraordinary increases in the need for public safety services;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

By Mr. Montigny, for the committee on Bonding, Capital Expenditures and State Assets, that the Senate Bill to create a community hospital capital reserve fund (Senate, No. 2368),— ought to pass;
Recommitted, under Senate Rule 27, to the committee on Ways and Means.

By Ms. Fargo, for the committee on Public Health, on petition, a Bill to survey the needs of children, adults and seniors who are visually impaired (Senate, No. 1219);
By the same Senator, for the same committee, on petition, a Bill to provide for the autonomy for hospital medical staffs (Senate, No. 1221);
By the same Senator, for the same committee, on petition, a Bill relative to health care delivery (Senate, No. 1225);
By the same Senator, for the same committee, on petition, a Bill requiring hospitals to notify patients of physician discipline (Senate, No. 1246);
By the same Senator, for the same committee, on petition, a Bill relative to drug samples (Senate, No. 1250);
By the same Senator, for the same committee, on petition, a Bill ensuring the safety and protection of hospital patients (Senate, No. 1254);
By the same Senator, for the same committee, on petition, a Bill relative to medication occurrence reporting (Senate, No. 1256);
By the same Senator, for the same committee, on Senate, Nos. 1235 and 1264 and House, Nos. 2103, 2123 and 2215, a Bill providing for performance standards for physicians (Senate, No. 1264);
By the same Senator, for the same committee, on petition, a Bill relative to determination of need for hospital beds (Senate, No. 1267);
By the same Senator, for the same committee, on petition, a Bill implementing technical corrections ensuring access to medically necessary services (Senate, No. 1286);
By the same Senator, for the same committee, on petition, a Bill modernizing determination of need review for non-acute hospitals (Senate, No. 1287);
By the same Senator, for the same committee, on petition, a Bill to prohibit practicing psychotherapy after medical license revocation (Senate, No. 1306);
By the same Senator, for the same committee, on petition, a Bill studying the health effects of toxic mold (Senate, No. 1317);
By the same Senator, for the same committee, on Senate, No. 1318 and House, Nos. 2006, 2038, 2063, 2065, 2078 and 2223, a Bill protecting patient safety in the delivery of health care services (Senate, No. 1318);
By the same Senator, for the same committee, on petition, a Bill to protect essential health services (Senate, No. 1328); and
By the same Senator, for the same committee, on petition, a Bill to assure safe, humane care of day surgery patients (Senate, No. 1334);
Severally referred, under Joint Rule 1E, to the committee on Health Care Financing.

By Ms. Spilka, for the committee on Children, Families and Persons with Disabilities, on petition, a Bill relating to anti-human trafficking and protection (Senate, No. 97);
Read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Ms. Fargo, for the committee on Public Health, on petition, a Bill shortening the time period for reporting disciplinary actions taken against physicians (Senate, No. 1299); and
By the same Senator, for the same committee, on petition, a Bill relative to the practice of medicine (Senate, No. 1316);
Severally read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

By Mr. Petruccelli, for the committee on Municipalities and Regional Government, on petition, a Bill relative to the certification of the inspector of buildings and building commissioner in the city of Brockton (Senate, No. 2458); and
By the same Senator, for the same committee, on petition, a Bill authorizing the town of Milton to borrow money to fund certain payments (Senate, No. 2487) [Local approval received];
Severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

PAPERS FROM THE HOUSE.

A Bill financing the production and preservation of housing for low and moderate income residents (House, No. 4594,— on Senate, No. 18 and House Nos. 2030 and 4375),— was read and, under Senate Rule 27, referred to the committee on Ways and Means.

Notice was received from the House announcing the following appointment:

That Representative Byron Rushing of Boston has been appointed by the Speaker of the House to the Health Disparities Council (pursuant to Chapter 58 of the Acts of 2006 and section 16O of Chapter 6A of the General Laws) to serve as co-chair of said council.

Resolutions.

The following resolutions (having been filed with the Clerk) were considered forthwith and adopted, as follows;—
Resolutions (filed by Messrs. Brewer and Moore) “in recognition of Kenneth Burns for his timeless contributions to documentary filmmaking.”

Engrossed Bills Returned by Governor With Recommendation of Amendment.

The engrossed Bill authorizing the town of Wakefield to issue pension obligation bonds or notes (see Senate, No. 1650) (which on Monday, March 3, 2008, had been laid before the Governor for his approbation), was returned to the Senate Clerk by the Governor on Thursday, March 13, 2008, at twenty minutes past three o’clock P.M., with a message recommending an amendment.
The message (Senate, No. 2552) was read and the Senate proceeded to reconsider the bill, in accordance with the provisions of Article LVI of the Amendments to the Constitution.
Pending action thereon, the bill was referred to the committee on Bills in the Third Reading, on motion of Mr. Tisei.

The engrossed Bill providing for recall elections in the town of Wrentham (see Senate, No. 2290) (which on Thursday, March 5, 2008, had been laid before the Governor for his approbation), was returned to the Senate Clerk by the Governor on Friday, March 14, 2008, at a half past ten o’clock A.M., with a message recommending an amendment.
The message (Senate, No. 2553) was read and the Senate proceeded to reconsider the bill, in accordance with the provisions of Article LVI of the Amendments to the Constitution.
Pending action thereon, the bill was referred to the committee on Bills in the Third Reading, on motion of Ms. Chandler.

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 educator licensure in the Commonwealth (Senate, No. 271, changed).
There being no objection, the rules were suspended, on motion of Mr. Tisei, 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 Bill relative to volunteer dentistry (Senate, No. 1323).
There being no objection, the rules were suspended, on motion of Mr. Rosenberg, 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 Bill restricting the authority of the Holyoke Power and Electric Company and the Holyoke Water Power Company (Senate, No. 2315).
There being no objection, the rules were suspended, on motion of Ms. Chandler, and the bill was read a second time.
Mr. Knapik presented an amendment, substituting a new draft entitled “An Act restricting the authority of the Holyoke Power & Electric Company and the Holyoke Water Power Company” (Senate, No. 2554).
The amendment was adopted.
The bill (Senate, No. 2554) was then 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 relative to the resale of mattresses (House, No. 4299).
There being no objection, the rules were suspended, on motion of Mr. Tisei, 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 relative to establishing a campus rape and sexual assault prevention advisory council (Senate, No. 737),— ought to pass, with an amendment inserting in line 4, after the word “guidelines” the following words:— “for response to and prevention of rape and sexual assault”; by striking out, in line 11, the word “chairman” and inserting in place thereof the following word:— “chair”; and by inserting in line 15, after the word “office”, the following words:— “the department of public health,”.
There being no objection, the rules were suspended, on motion of Ms. Chandler, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 737, amended) was then ordered to a third reading.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill relative to antique barometers (Senate, No. 2293),—ought to pass, with an amendment substituting a new draft entitled “An Act further regulating the sale and distribution of certain antiques containing mercury” (Senate, No. 2555).
There being no objection, the rules were suspended, on motion of Mr. Rosenberg, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2555) was then ordered to a third reading.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Donna L. Monfredo, an employee of the Department of Correction (House, No. 4571),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Tisei, 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 providing for the investment in and expansion of the life sciences industry in the Commonwealth (House, No. 4554),— ought to pass, with an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2556; and by striking out the emergency preamble and inserting in place thereof the following emergency preamble:—
“Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for the immediate capital improvement needs of the commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”.

Order Adopted.

Mr. Panagiotakos offered the following order, to wit:

Ordered, That notwithstanding Senate Rule 7 or any other rule to the contrary, the House Bill providing for the investment in and expansion of the life sciences industry in the Commonwealth (House, No. 4554) as reported by the committee on Ways and Means with a new text (Senate, No. 2556), shall be placed in the Orders of the Day for consideration of its second reading on Thursday, March 20, 2008.

All amendments to the bill shall be filed electronically in the office of the Clerk of the Senate by 5:00 p.m. on Wednesday, March 19, 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 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. Tisei, and the order was considered forthwith and adopted.
Subsequently, House, No. 4554 was placed in the Orders of the Day for the next session, with the amendments pending.

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 4911) of Tom Sannicandro and others that the Department of Veterans Services be authorized to reimburse the town of Framingham for the cost of veterans’ benefits provided by said town;
Under suspension of Joint Rule 12, to the committee on Municipalities and Regional Government.
Petition (accompanied by bill, House, No. 4912) of Joyce A. Spiliotis for legislation to establish a sick leave bank for Carol A. Wall, an employee of the Department of Mental Retardation;
Under suspension of Joint Rule 12, to the committee on Public Service.
Petition (accompanied by bill, House, No. 4913) of Thomas J. Calter (by vote of the town) relative to the exchange of a certain parcel of land between the town of Kingston and the Department of Highways for the construction of a ramp on Route 3.
Under suspension of Joint Rule 12, to the committee on Transportation.

Engrossed Bill.

An engrossed Bill relative to property tax exemptions in the town of Swampscott (see Senate, No. 2324) (which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be enacted and was signed by the President and laid before the Governor for his approbation.

Order Adopted.

On motion of Mr. Tisei,—

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

On motion of Ms. Chandler, at twenty minutes past eleven o’clock A.M., the Senate adjourned to meet on the following Thursday at one o’clock P.M.