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.


Seal of the Commonwealth of Massachusetts


Tuesday, March 6, 2012.

Met at one minute past eleven o’clock A.M. (Ms. Flanagan in the Chair).

The Chair (Ms. Flanagan), members, guests and staff then recited the pledge of allegiance to the flag.


The following petition, having been timely filed by 5 o’clock P.M. on January 21, 2011, was referred in concurrence as follows:
Petition (accompanied by order, House, No. 3973) of Kay Khan relative to the appointment of a special committee of the House to make an investigation and study concerning women in the criminal justice system;
To the committee on Children, Families and Persons with Disabilities.

A report of the committee on Housing, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 1897) of Brian A. Joyce relative to homeowners associations, and recommending that the same be referred to the committee on Revenue,— was considered forthwith, under Senate Rule 36, and accepted, in concurrence.

Notice was received from the House announcing the following appointment by the Minority Leader of the House of Representatives:
That Representative Kimberly N. Ferguson of Holden has been appointed to serve as his designee (to replace Representative Poirier of North Attleborough) on the special commission granted (under Chapter 313 of the Acts of 2010) establishing a special commission to investigate and study the issue of postpartum depression.

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 Senate Bill amending the charter of the town of Bourne (Senate, No. 2114),-- was read a second time.
Pending the question on ordering the bill to a third reading, Ms. Murray presented an amendment in section 1, in Article 5, in section 5-5, by striking out subsection (d) and inserting in place thereof the following subsection:-
“(d) The department of integrated solid waste management shall include the solid waste functions approved under the site assignment administered by the board of health and in accordance with the policies established by the board of selectmen. The department’s functions shall also include the implementation of additional solid waste functions as approved by the board of selectmen and consistent with the site assignment.”; and by adding the following section:-
“Section 2. This act shall take effect upon its passage.”
The amendment was adopted.
The bill (Senate, No. 2114, amended) was then ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.


Petitions were severally referred, in concurrence, as follows, to wit:
Petition (accompanied by bill, House, No. 3977) of John J. Mahoney, John P. Fresolo and Joseph D. Early, Jr. relative to the intimidation of a witness statute; and
Petition (accompanied by bill, House, No. 3978) of Marc Lombardo and others for legislation establishing a penalty for failure to report a missing child;
Severally to the committee on the Judiciary.

Report of a Committee.

By Mr. Brewer, for the committee on Ways and Means, that the Senate Bill further regulating the release of information concerning adoption (Senate, No. 52),-- ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2163).

Order Adopted

Mr. Brewer offered the following order, to wit:

Ordered, That notwithstanding Senate Rule 7 or any other rule to the contrary, Senate Bill further regulating the release of information concerning adoption (Senate, No. 52), with the pending Ways and Means new draft (Senate, No. 2163) shall be placed in the Orders of the Day for a second reading on Thursday, March 8, 2012.

All amendments shall be filed electronically in the office of the Clerk of the Senate by 10:00 A.M., on Thursday, March 8, 2012. All such amendments shall be second-reading amendments to the Ways and Means new draft (Senate, No. 2163) 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. Berry, for the said committee, reported, recommending that the order ought to be adopted.
The rules were suspended, on motion of Mr. Ross, and the order was considered forthwith and adopted.
The bill (Senate, No. 52) was then placed in the Orders of the Day for a second reading on Thursday, March 8, 2012, with the amendment pending.

Order Adopted.

On motion of Mr. Ross,--

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 with a calendar.

On motion of the same Senator, at six minutes past eleven o’clock A.M., the Senate adjourned to meet again on Thursday next at one o’clock P.M.