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UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.


Seal of the Commonwealth of Massachusetts
JOURNAL OF THE SENATE.


Wednesday, February 8, 2006.

Met according to adjournment, at eleven o’clock A.M. (Mr. Rosenberg in the Chair) (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

The Senator from Essex and Middlesex, Mr. Tarr, led the Chair (Mr. Rosenberg), members, guests and employees in the recitation of the pledge of allegiance to the flag.

Distinguished Guests.

There being no objection, the Chair (Mr. Rosenberg) handed the gavel to Mr. Augustus for the purpose of an introduction. Mr. Augustus then introduced the Auburn High School Division 2 Super bowl Championship football team.

Communication.

A communication from the Division of Insurance (pursuant to the provisions of Section 17 of Chapter 21E of the General Laws) submitting a copy of its Annual Report on the Availability of Response Action Contractor Liability Insurance (received Friday, February 3, 2006),— was placed on file.

Reports.

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 Pondville Correctional Center (received Monday, February 6, 2006),— was read and sent to the House for its information.

The following reports were severally read and placed on file:

A report of the Executive Office of Transportation (pursuant to line items 6000-0100 and 6010-0001 of the General Appropriation Act for fiscal year 2006) submitting various reports (received Friday, February 3, 2006); and

A report of the Massachusetts Bay Transportation Authority (under the provisions of Section 11 of Chapter 161A of the General Laws) relative to its efforts to maximize reimbursement for revenue (received Monday, February 6, 2006).

Petitions.

Mr. Rosenberg presented a petition (accompanied by bill, Senate, No. 2359) of Stanley C. Rosenberg and Ellen Story for legislation to release certain land in Amherst from the operation of an agricultural preservation restriction [Local approval received],— and the same was referred, under Senate Rule 20, to the committee on State Administration and Regulatory Oversight.
Sent to the House for concurrence.

Mr. Joyce presented a petition (subject to Joint Rule 12) of Brian A. Joyce and William C. Galvin for legislation to designate the town of Avon as an economic target area,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

By Ms. Murray, for the committee on Ways and Means, that the House Bill establishing a bladder cancer screening program within the Department of Public Health (House, No. 1636),— ought to pass, with an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2361.
Referred, under Senate Rule 26, to the committee on Ethics and Rules.

By Ms. Tucker, for the committee on Elder Affairs, on Senate, Nos. 380 and 421, a Bill establishing a long-term care study commission (Senate, No. 380);
Read and, under Joint Rule 29, referred to the committees on Rules of the two branches, acting concurrently.

By Ms. Tucker, for the committee on Elder Affairs, on petition, a Bill relative to medical technicians (Senate, No. 374);
By the same Senator, for the same committee, on petition, a Bill providing for the management of infectious diseases in long-term care facilities (Senate, No. 379);
By the same Senator, for the same committee, on petition, a Bill relative to establishing a personal care attendant registry (Senate, No. 396);
By the same Senator, for the same committee, on petition, a Bill further regulating investigations of abuse against residents of long-term care facilities (Senate, No. 406);
By the same Senator, for the same committee, on petition, a Bill requiring the Division of Medical Assistance to provide reimbursement for home health agencies for the costs associated with criminal background screening (Senate, No. 407);
By the same Senator, for the same committee, on petition, a Bill relative to adult foster care program (Senate, No. 414);
By the same Senator, for the same committee, on petition, a Bill relative to personal care attendants (Senate, No. 419);
By the same Senator, for the same committee, on Senate, No. 420 and House, No. 1501, a Bill relative to dementia special care units in long-term care facilities (Senate, No. 420); and
By the same Senator, for the same committee, on petition, a Bill to increase the personal care allowance for residents of long term care facilities (Senate, No. 421);
Read and, under Joint Rule 1E, referred to the committee on Health Care Financing.

By Mr. Creedon, for the committee on the Judiciary, on petition, a Bill establishing a sick leave bank for Susan Moulaison an employee of the Barnstable District Court (Senate, No. 2358);
Read and, under Senate Rule 27, referred to the committee on Ways and Means.

Committees Discharged.

Mr. Buoniconti, for the committees on Rules of the two branches, acting concurrently, reported, asking to be discharged from further consideration of the Senate Order relative to authorizing the joint committee on State Administration and Regulatory Oversight to make an investigation and study of certain current Senate documents relative to Commonwealth inefficiency and flag designation issues (Senate, No. 2356),— and recommending that the same be referred to the Senate committee on Ethics and Rules.
Under Senate Rule 26, the report was considered forthwith and accepted.

Ms. Spilka, for the committee on Children and Families, reported, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 107) of Richard T. Moore, William Smitty Pignatelli, Paul J. Donato, Scott P. Brown and other members of the General Court for legislation to promote health alternatives in public school food programs,— and recommending that the same be referred to the committee on Health Care Financing.
Under Senate Rule 36, the report was considered forthwith and accepted.
Sent to the House for concurrence.

Resolutions.

The following resolutions (having been filed with the Clerk) were considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. McGee) “recognizing the American Society of Perianesthesia Nurses.”

Reports of Committees.

By Mr. Buoniconti, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Michael W. Morrissey, Stephen M. Brewer, Louis L. Kafka, Geraldine Creedon and other members of the General Court for legislation relative to the designation of certain hydroelectric facilities as meeting the renewable portfolio standards.
Senate Rule 36 was suspended, on motion of Mr. Augustus, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Telecommunications, Utilities and Energy.

By Mr. Buoniconti, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Therese Murray, Viriato Manuel deMacedo and Thomas J. O’Brien for legislation to impose a special assessment for the storage of spent nuclear fuel in Plymouth.
Senate Rule 36 was suspended, on motion of Mr. Augustus, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Telecommunications, Utilities and Energy.
Severally sent to the House for concurrence.

Papers from the House.

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 4674) of Arthur J. Broadhurst and Steven A. Baddour relative to the illegal sale of drugs in the vicinity of public parks and playgrounds in the Commonwealth; and
Petition (accompanied by bill, House, No. 4676) of Gloria L. Fox and Byron Rushing (with the approval of the mayor and city council) for legislation to increase the penalty for solicitation and establishing a recovery program for prostitutes in the city of Boston;
Severally, under suspension of Joint Rule 12, to the committee on the Judiciary.

Petition (accompanied by bill, House, No. 4675) of Stephen Kulik and Pamela P. Resor for legislation to further regulate the number of selectmen in towns; and
Petition (accompanied by bill, House, No. 4677) of John J. Binienda and Edward M. Augustus, Jr., relative to the boundaries of the Cherry Valley and Rochdale Water District;
Severally, under suspension of Joint Rule 12, to the committee on Municipalities and Regional Government.

Reports of Committees.

Mr. Buoniconti, 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 further regulating organ and tissue donations (Senate, No. 2353).
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time and was ordered to a third reading.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill establishing the Freedom’s Way Heritage Area and Commission (Senate, No. 1852),— ought to pass;
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time and was ordered to a third reading.

By Ms. Murray, for the committee on Ways and Means, that the House Bill increasing the amount of benefit to children who are survivors in the case of an accidental death benefit (House, No. 13),— ought to pass;
There being no objection, the rules were suspended, on motion of Mr. Moore, and the bill was read a second time and was ordered to a third reading.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill establishing the Asian American Commission of the Commonwealth of Massachusetts (Senate, No. 2201),— ought to pass, with an amendment in section 2, in the first paragraph of proposed section 67, by adding the following sentence:— “Members shall be subject to the provisions of chapter 268A as they apply to special state employees.”; and in section 3, in subsections (a), (b), (c), (d), (e) and (f), by striking out the date “2005” and inserting in place thereof, in each instance, the following date:— “2006”.
There being no objection, the rules were suspended, on motion of Mr. Augustus, and the bill was read a second time and was amended as recommended by the committee on Ways and Means.
The bill (Senate, No. 2201, amended) was then ordered to a third reading.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill protecting the natural and historic resources of the Commonwealth (Senate, No. 539, changed),— ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2360).
There being no objection, the rules were suspended, on motion of Mr. Moore, and the bill was read a second time and was amended as recommended by the committee on Ways and Means.
The bill (Senate, No. 2360) was then ordered to a third reading.

Papers from the House.
Emergency Preamble Adopted.

An engrossed Bill relative to elevator license examinations (see Senate, No. 2216, amended), having been certified by the Senate Clerk to be rightly and truly prepared for final passage and containing an emergency preamble,— was laid before the Senate; and, a separate vote being taken in accordance with the requirements of Article LXVII of the Amendments to the Constitution, the preamble was adopted in concurrence, by a vote of 5 to 0.
The bill was signed by the Acting President (Mr. Rosenberg) and sent to the House for enactment.

An engrossed Bill authorizing the Division of Capital Asset Management and Maintenance to convey certain land in the town of Erving (see House, No. 1433), having been certified by the Senate Clerk to be rightly and truly prepared for final passage and containing an emergency preamble,— was laid before the Senate; and, a separate vote being taken in accordance with the requirements of Article LXVII of the Amendments to the Constitution, the preamble was adopted in concurrence, by a vote of 5 to 0.
The bill was signed by the Acting President (Mr. Rosenberg) and sent to the House for enactment.

An engrossed Bill establishing a sick leave bank for Samuel Russell, an employee of the Trial Court (see House, No. 4569), having been certified by the Senate Clerk to be rightly and truly prepared for final passage and containing an emergency preamble,— was laid before the Senate; and, a separate vote being taken in accordance with the requirements of Article LXVII of the Amendments to the Constitution, the preamble was adopted in concurrence, by a vote of 6 to 0.
The bill was signed by the Acting President (Mr. Rosenberg) and sent to the House for enactment.

Order Adopted.

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

On motion of the same Senator, at ten minutes past eleven o’clock A.M., the Senate adjourned to meet on the following day at one o’clock P.M.