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, November 8, 2005.

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

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

Petition.

Mr. Morrissey presented a petition (subject to Joint Rule 12) of Michael W. Morrissey and Ronald Mariano for legislation to amend the sharing between the town of Randolph and the town of Holbrook of the costs incurred by said towns when acting jointly,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

Mr. Montigny, for the committee on Bonding, Capital Expenditures and State Assets, that the Senate Bill protecting the natural and historic resources of the Commonwealth (Senate, No. 539, changed),— ought to pass;
Referred, under Senate Rule 27, to the committee on Ways and Means.

By Mr. Baddour, for the committee on Transportation, on petition, a Bill relative to a study by the Executive Office of Transportation and Construction (Senate, No. 1909);

By the same Senator, for the same committee, on petition, a Bill requiring certain safety devices in the controlling compartment of all railroad locomotives operated within the Commonwealth (Senate, No. 1959); and

By the same Senator, for the same committee, on petition, a Bill to provide counseling services and medical leave for crew members of a railroad company involved in an accident resulting in loss of life or serious bodily injury (Senate, No. 1965);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Mr. Baddour, for the committee on Transportation, on Senate, No. 1944 and House, No. 1691, a Bill designating a certain bridge in the town of Carver as the SFC Robert Rooney bridge (Senate, No. 1944); and

By the same Senator, for the same committee, on petition, a Bill designating a certain bridge in the town of Dighton (Senate, No. 1945, changed in section 1, by adding after the words “shall be named” in line 2, the following “the Lance Corporal John J. Van Gyzen IV);
Severally read and, under Rule 26, referred to the committee on Ethics and Rules.

By Mr. Baddour, for the committee on Transportation, ought NOT to pass:

On the petition (accompanied by bill, Senate, No. 1879) of Stephen M. Brewer and Brian Knuuttila for legislation relative to certain repairs in the town of Royalston;

On the petition (accompanied by bill, Senate, No. 1880) of Stephen M. Brewer and Christopher J. Donelan for legislation relative to flooding in the town of Orange;

On the petition (accompanied by bill, Senate, No. 1890) of Robert S. Creedon, Jr. for legislation relative to the statute of limitations for the Massachusetts Bay Transportation Authority;

On the petition (accompanied by bill, Senate, No. 1891) of Robert S. Creedon, Jr. for legislation relative to the requirements of approval for certain lands formerly appurtenant to railroad right of ways;

On the petition (accompanied by bill, Senate, No. 1894) of Cynthia Stone Creem, Dianne Wilkerson, David P. Linsky, Thomas J. O’Brien and other members of the General Court for legislation to require the MBTA to provide transfer tickets for bus and train service;

On the petition (accompanied by bill, Senate, No. 1895) of Cynthia Stone Creem, Bruce B. Tarr and David P. Linsky for legislation relative to MBTA paratransit services;

On the petition (accompanied by bill, Senate, No. 1908) of Robert A. Havern for legislation relative to the optimal use of highway funds for road and bridge maintenance;

On the petition (accompanied by bill, Senate, No. 1920) of Ross J. Rajotte for legislation relative to certain toll roads in the Commonwealth;

On the petition (accompanied by bill, Senate, No. 1939) of Andrea F. Nuciforo, Jr., Stephen Kulik and Stephen M. Brewer for legislation relative to low speed/low volume bridges; and

On the petition (accompanied by bill, Senate, No. 1948) of Karen E. Spilka and Tom Sannicandro for legislation to authorize the town of Ashland to receive paratransit services for the disabled from the Massachusetts Bay Transportation Authority;
Severally referred, under Senate Rule 36, to the committee on Ethics and Rules.

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4470) of Geraldine Creedon and others (with the approval of the mayor and city council) that the city of Brockton be authorized to convey certain park land to Bay State Gas Company;
To the committee on Municipalities and Regional Government.

Petition (accompanied by bill, House, No. 4421) of Gloria L. Fox (with the approval of the mayor and city council) relative to the homeowners’ residential tax exemption in the city of Boston; and

Petition (accompanied by bill, House, No. 4422) of Gloria L. Fox (with the approval of the mayor and city council) relative to the rate of excise on condominium conversions and lot subdivisions in the city of Boston;
Severally to the committee on Revenue.

Bills

Directing the certification and appointment of Thomas Taylor as a firefighter in the town of Wilmington (House, No. 4209,— on petition) [Local approval received]; and

Directing the certification and appointment of Darryl Sencabaugh as a firefighter in the town of Wilmington (House, No. 4210,— on petition) [Local approval received];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Reports

Of the committee on Economic Development and Emerging Technologies, asking to be discharged from further consideration

Of the petition (accompanied by bill, House, No. 3679) of Arlene Bushey for legislation to require that sales receipts contain the name of the business issuing said receipt,— and recommending that the same be referred to the committee on Community Development and Small Business.

Of the petition (accompanied by bill, House, No. 3714) of A. Stephen Tobin for legislation to include dental hygienists in the definition of “professional service” under the law regulating the establishment of professional corporations; and

Of the petition (accompanied by bill, House, No. 3729) of Bradley H. Jones, Jr., and others relative to the protection of employers from frivolous litigation;

And recommending that the same severally be referred to the committee on Consumer Protection and Professional Licensure.

Of the petition (accompanied by bill, House, No. 1481) of Jeffrey Davis Perry and Shirley Gomes for legislation to establish a pilot program to grant provisional permits, not in excess of five, for the use of innovative technology to construct shore line erosion control devices;

Of the petition (accompanied by bill, House, No. 3718) of Charles A. Murphy and David Paul Linsky relative to the pricing, sale and distribution of milk; and

Of the petition (accompanied by bill, House, No. 3721) of William Francis Galvin and Angelo M. Scaccia for legislation to further regulate the price of milk;

And recommending that the same severally be referred to the committee on Environment, Natural Resources and Agriculture.

Of the petition (accompanied by bill, Senate, No. 258) of Harriette L. Chandler, Jay R. Kaufman, Cynthia Stone Creem, Jarrett T. Barrios and other members of the General Court for legislation relative to genetic testing results; and

Of the petition (accompanied by bill, Senate, No. 277) of Richard T. Moore, Bruce E. Tarr and Edward G. Connolly for legislation to provide coverage for the use of new technologies;

And recommending that the same severally be referred to the committee on Financial Services.

Of the petition (accompanied by bill, Senate, No. 279) of Richard T. Moore for legislation to require Medicaid reimbursement payments to health care provider electronic consultations;

Of the petition (accompanied by bill, Senate, No. 280) of Richard T. Moore for legislation to require medical assistance incentive payments to hospitals, clinics and doctors’ offices that utilize a computerized order entry record system; and

Of the petition (accompanied by bill, House, No. 1489) of Frank M. Hynes for legislation to reduce administrative burdens in the delivery of health care through the use of new technology;

And recommending that the same severally be referred to the committee on Health Care Financing.

Of the petition (accompanied by bill, Senate, No. 266) of Lawrence P. Aherne, Jr. for legislation to limit personal liability for handicapped corporate officers,— and recommending that the same be referred to the committee on the Judiciary.

Of the petition (accompanied by bill, House, No. 3822) of Paul Kujawski relative to the payment of an agency service fee by certain employers under the public employee labor relations law,— and recommending that the same be referred to the committee on Labor and Workforce Development.

Of the petition (accompanied by resolutions, House, No. 3833) of Thomas P. Kennedy and Alice Hanlon Peisch for adoption of resolutions by the General Court memorializing the Congress of the United States to enact legislation eliminating the inequities created by the “Notch Act”,— and recommending that the same be referred to the committee on Veterans and Federal Affairs.

Of the committee on Public Safety and Homeland Security, asking to be discharged from further consideration

Of the petition (accompanied by bill, House, No. 1913) of Mark J. Carron for legislation to place the Department of Youth Services under the jurisdiction of the Department of Public Safety,— and recommending that the same be referred to the committee on State Administration and Regulatory Oversight.

Of the petition (accompanied by bill, House, No. 1939) of Walter F. Timilty and others relative to the establishment of exam listings for police applicants for the Department of State Police,— and recommending that the same be referred to the committee on Public Service.

Of the committee on Housing, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 2230) of Robert A. O’Leary and Eric Turkington for legislation to establish the Martha’s Vineyard housing bank,— and recommending that the same be referred to the committee on Revenue.
Were severally considered forthwith, under Senate Rule 36, and accepted, in concurrence.

Reports

Of the committee on Public Safety and Homeland Security, asking to be discharged from further consideration

Of the petition (accompanied by bill, House, No. 1872) of Robert K. Coughlin relative to establishing a missing child and adults trust fund;

Of the petition (accompanied by bill, House, No. 1892) of Mark V. Falzone relative to requiring carbon monoxide detectors in residential buildings upon sale or transfer;

Of the petition (accompanied by bill, House, No. 1893) of Mark V. Falzone relative to requiring carbon monoxide detectors in certain residential buildings;

Of the petition (accompanied by bill, House, No. 2132) of Timothy J. Toomey, Jr. and others to promote the use of seat belts and safety in the transportation of students;

Of the petition (accompanied by bill, House, No. 2196) of Edward G. Connolly and Peter V. Kocot relative to requiring seatbelts on school buses;

Of the petition (accompanied by bill, House, No. 3624) of Viriato Manuel deMacedo and others relative to the installation of carbon monoxide detectors in residential buildings; and

Of the petition (accompanied by bill, House, No. 3968) of Mark V. Falzone relative to requiring carbon monoxide detectors in residential buildings upon sale or transfer of such property;

And recommending that the same severally be referred to the House committee on Ways and Means.
Were severally considered forthwith, under Senate Rule 36, and accepted, in concurrence, insomuch as relates to 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. Lees) “commending the historical Nipmuc tribe”;

Resolutions (filed by Mr. Morrissey) “on the fiftieth wedding anniversary of Robert and Nancy Desharnais”;

Resolutions (filed by Mr. Pacheco) “on the fiftieth wedding anniversary of James and Irene DeVincenzo”; and

Resolutions (filed by Mr. Pacheco) “congratulating Lorenzo Grosso.”

Reports of a Committee.

By Ms. Murray, for the committee on Ways and Means, on House, No. 4479, in part, a “Bill making appropriations for fiscal year 2006 to provide for health access, affordability and accountability” (Senate, No. 2265),— was read.

By Ms. Murray, for the committee on Ways and Means, that the House Bill promoting access to health care (on the residue of House, No. 4479, printed as amended),— ought to pass, with amendments striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2266; and by striking out the title and inserting in place thereof the following title: “An Act providing for health access, affordability and accountability.”

Order Adopted.

Ms. Murray offered the following order, to wit:

Ordered, That, notwithstanding Senate Rule 7 or any other rule to the contrary:

(1) The House Bill promoting access to health care (House, No. 4479), with the proposed new text reported by the Committee on Ways and Means (Senate, No 2266) pending, and the Senate Bill making certain appropriations to improve health care access, affordability and accountability (Senate, No. 2265) shall be placed in the Orders of the Day for Wednesday, November 9, 2005 for their second reading;

(2) These two bills, and the Senate bill relative to charities in Massachusetts (Senate, No. 2267), shall be the only matters in the Orders of the Day for Wednesday, November 9, 2005;

(3) All amendments to Senate, No. 2265 and Senate, No. 2266 shall be filed electronically in the office of the Clerk of the Senate by 6:00 P.M. on Tuesday, November 8, 2005;

(4) No amendment to Senate, No. 2266 (the Ways and Means proposed new text of House, No. 4479) shall be in order if it makes an appropriation, but all such amendments shall be considered to be offered instead to Senate, No. 2265;

(5) All amendments to both these bills shall be second-reading amendments, but further amendments in the third degree to such amendments to House, No. 4479 shall be in order. After each 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.
There being no objection, the order was considered forthwith and adopted.
The bills were then severally placed in the Orders of the Day for the next session for a second reading with the amendments pending.

Recess.

There being no objection, at five minutes past eleven o’clock A.M., the President declared a recess subject to the call of the Chair; and, at a quarter before one o’clock P.M., the Senate reassembled, the President in the Chair.

Report of a Committee.

By Ms. Murray, for the committee on Ways and Means, on House, No. 2313, in part, a “Bill relative to charities in Massachusetts” (Senate, No. 2267);
There being no objection, the rules were suspended, on motion of Mr. Nuciforo, and the bill was read a second time and ordered to a third reading.

Order Adopted.

On motion of Ms. Murray,—

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 before one o’clock P.M., the Senate adjourned to meet on the following day at one o’clock P.M.