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.

Thursday, October 16, 2003.

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 Bristol and Norfolk, Mrs. Sprague, led the Chair (Mr. Rosenberg), members, guests and employees in recitation of the pledge of allegiance to the flag.

Communication.

A communication from the Executive Office for Administration and Finance (under Section 3B of Chapter 7 of the General Laws) submitting notice of the Secretary’s intention relative to fee increases in the Department of Education for a Vocational Technical Educator license (received Tuesday, October 14, 2003),— was placed on file.

Reports of Committees.

By Mr. Moore, for the committee on Health Care, on petition (accompanied by bill, Senate, No. 505), an Order relative to authorizing the joint committee on Health Care to make an investigation and study of Senate document numbered 505, relative to dentists (Senate, No. 2106);

By the same Senator, for the same committee, on Senate, Nos. 519, 660 and 669, an Order relative to authorizing the joint committee on Health Care to make an investigation and study of certain current Senate documents relative to physicians (Senate, No. 2107);

By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 549), an Order relative to authorizing the joint committee on Health Care to make an investigation and study of Senate document numbered 549, relative to medical records (Senate, No. 2108); and

By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 684), an Order relative to authorizing the joint committee on Health Care to make an investigation and study of Senate document numbered 684, relative to cigars (Senate, No. 2109);
Severally referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.  

By Mr. Moore, for the committee on Health Care, on petition, a Bill relative to the certification of speech-language pathology and audiology assistants (Senate, No. 428);

By the same Senator, for the same committee, on petition, a Bill providing consumers with information on the surgical success rate of health care providers (Senate, No. 502);

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. 552);

By the same Senator, for the same committee, on Senate, No. 585 and House, No. 2801, a Bill ensuring the safety and protection of hospital patients (Senate, No. 585);

By the same Senator, for the same committee, on petition, a Bill preserving the health protection fund (Senate, No. 593);

By the same Senator, for the same committee, on petition, a Bill requiring hospitals to notify patients of physician discipline (Senate, No. 620);

By the same Senator, for the same committee, on petition, a Bill relative to volunteer physicians (Senate, No. 628);

By the same Senator, for the same committee, on petition, a Bill relative to continuing education for prescribers (Senate, No. 632);

By the same Senator, for the same committee, on petition, a Bill relative to the compensation and expenses of members of the Board of Registration in Medicine (Senate, No. 634); and

By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 613), a Bill relative to health related boards of registration (Senate, No. 2105);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.  

By Mr. Moore, for the committee on Health Care, on Senate, No. 643 and House, No. 1861, a Bill regarding medical record retention requirements (Senate, No. 643);
Read and, under Senate Rule 26, referred to the committee on Steering and Policy.  

By Ms. Fargo, for the committee on Local Affairs and Regional Government, on petition, a Bill authorizing the town of Bedford to lease a certain parcel of land (Senate, No. 1979) [Local approval received];
Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.  

Ms. Jacques, for the committee on Steering and Policy, reported that the following matters be placed in the Orders of the Day for the next session:

The Senate Bill relative to failure to stop for a police officer (Senate, No. 1341); and

The House bills

Designating the Pegan Cove property in the town of Natick as the Tony Anniballi Memorial Park at Pegan Cove (House, No. 3367); and

Relative to police examinations (House, No. 3942).

Committee Discharged.

Mr. Moore, for the committee on Health Care, reported, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 671) of Charles E. Shannon, Emile J. Goguen, Martin J. Walsh, Paul J. Donato and other members of the General Court for legislation relative to the definition of podiatry,— and recommending that the same be referred to the Senate committee on Ways and Means.
Under Senate Rule 36, the report was considered forthwith and accepted.
Sent to the House for concurrence in the discharge of the joint committee.  

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—

Resolutions (filed by Mr. Hedlund) “congratulating John Y. Brady”;

Resolutions (filed by Mr. Hedlund) “on the retirement of Dr. Joseph R. Godzik”;

Resolutions (filed by Mr. Joyce) “honoring Edward J. Lynch, Jr.”;

Resolutions (filed by Mr. Joyce) “congratulating Dr. Mary Grassa O’Neill on her years of service to the Milton Public Schools”;

Resolutions (filed by Mr. Moore) “congratulating Jason M. Morin on the occasion of his elevation to the rank of Eagle Scout”;

Resolutions (filed by Mr. Shannon) “congratulating James G. O’Connor on the occasion of his retirement”; and

Resolutions (filed by Mr. Tarr) “on the retirement of Adele McConaghy.”

Communication.

The Clerk read the following communication:

COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS SENATE
STATE HOUSE. BOSTON 02133-1053

October 9, 2003

William Welch
Acting Clerk of the Massachusetts State Senate
State House, Room 335
Boston, Massachusetts 02133

Dear Mr. Welch:

I respectfully request that this correspondence be read into the record at the next session of the Senate. Due to a scheduling conflict, I was not present for the formal session of the Senate on October 8, 2003.

Had I been present, I would have voted in the affirmative on the question of overriding the Governor’s Veto to House 2185, the Engrossed Bill Relative to Exemptions for Residential Real Estate in City of Cambridge.

Thank you for your consideration.

Sincerely,
MARK C. MONTIGNY,
Senator.  

On motion of Mr. Tolman, the above communication was ordered printed in the Journal of the Senate.  

Reports of Committees.

By Ms. Fargo, for the committee on Local Affairs and Regional Government, on petition, a Bill relative to the town of Charlton and Millenium Power Partners, L.P. (Senate, No. 2059) [Local approval received].
The bill was read. There being no objection, the rules were suspended, on motion of Mr. Moore, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act relative to certain funds of the town of Charlton.”
Sent to the House for concurrence.  

By Mr. Brewer, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Marc R. Pacheco, Thomas F. Reilly, Attorney General, and James H. Fagan for legislation to increase options in the case of loss of group health insurance coverage.
Senate Rule 36 was suspended, on motion of Mrs. Sprague, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Insurance.

By Mr. Brewer, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Stephen M. Brewer, Andrea F. Nuciforo, Jr., Stephen Kulik and Anne M. Gobi for legislation to establish an Inland Fish and Game Fund.
Senate Rule 36 was suspended, on motion of Mrs. Sprague, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Natural Resources and Agriculture.  

By Mr. Brewer, 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 and Antonio F. D. Cabral for legislation to relocate certain harbor lines in the Fairhaven and New Bedford harbors.
Senate Rule 36 was suspended, on motion of Mrs. Sprague, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Natural Resources and Agriculture.
Severally sent to the House for concurrence.

Papers from the House

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4232) of Kathleen M. Teahan and Pamela P. Resor relative to accounting requirements for executors, administrators, guardians, trustees and conservators of minors;
Under suspension of Joint Rule 12, to the committee on the Judiciary.

Petition (accompanied by bill, House, No. 4233) of Susan W. Pope, Michael J. Coppola and Susan C. Fargo relative to providing for a board of registration of barbers and cosmetologists; and

Petition (accompanied by bill, House, No. 4234) of Patricia A. Walrath, Stephen P. LeDuc and Pamela P. Resor relative to the submitting of financial statements by public charities;
Severally, under suspension of Joint Rule 12, to the committee on State Administration.  

Engrossed Bills.

The following engrossed bills (the first two 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 and laid before the Governor for his approbation, to wit:

Authorizing the town of Abington to transfer certain funds (see Senate, No. 2038);

Authorizing the town of Abington to pay a certain unpaid bill (see Senate, No. 2039); and

Relative to the issuance of pension funding bonds by the city of Fall River (see House, No. 3996).

Order Adopted.

On motion of Mr. Moore,—

Ordered, That when the Senate adjourns today, it adjourn to meet again on Monday next at eleven o’clock A.M., and that the Clerk be directed to dispense with the printing of a calendar.

On motion of Mrs. Sprague, at fourteen minutes past eleven o’clock A.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.