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, November 16, 2006.

Met at three minutes past eleven o’clock A.M. (Ms. Wilkerson in the Chair) (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

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

Distinguished Guests.

There being no objection, the Chair (Ms. Wilkerson) introduced students from the Timilty Middle School in Roxbury. The students were accompanied by their teachers, Mr. Gary Fisher, Ms. Joselle Randall and Ms. Jessica Penchos.

Communication.

A communication from the Honorable Robert E. Travaglini, President of the Senate, announcing his re-appointment of Susana Segat as Commissioner on the Commission on the Status of Women for the term of November 2006 to November 2009,— was placed on file.

Report.

A report of Project Bread (pursuant to line item 4400-1001 of the FY07 state budget, Chapter 139 of the Acts of 2006) submitting its annual Status Report on Hunger in Massachusetts 2006 (received Tuesday, November 14, 2006),— was placed on file.

Report of a Committee.

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 House Bill designating the town of Natick as the Home of Champions and the city of Brockton as the City of Champions (House, No. 4958).

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Messrs. Joyce and Morrissey and Ms. Walsh) “honoring Kenneth M. Rocke on his retirement as Superintendent-Director of the Blue Hills Regional Technical School”;
Resolutions (filed by Ms. Menard and Mr. Berry) “congratulating Stephen P. Tocco on the occasion of his retirement as Chairman of the Board of Higher Education”; and
Resolutions (filed by Mr. Panagiotakos) “honoring Erene B. Koukias.”

Order Adopted.

Mr. Baddour offered the following order, to wit:
Ordered, That notwithstanding the provisions of Joint Rule 10 the committee on Transportation be granted until Monday, December 4, 2006, within which time to make its final report on current Senate number 2721.
Under the rules, referred to the committees on Rules of the two branches, acting concurrently.
Subsequently, Mr. Buoniconti, for the said committees, reported, recommending that the order ought to be adopted.
The rules were suspended, on motion of Mr. Brown, and the order was considered forthwith and adopted.
Sent to the House for concurrence.

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 House Bill relative to the sale of certain properties by the city of Gloucester (House, No. 4202),— was read a second time.
Mr. Tarr presented an amendment striking out all after the enacting clause and inserting in place thereof the following new text:—
“Notwithstanding section 63 of chapter 44 of the General Laws or any other general or special law to the contrary, the city of Gloucester, by majority vote of its city council and approved by its mayor, may deposit in the city's stabilization fund the proceeds from the sales of municipal properties at 24 Elm street, the Maplewood school, 6-8 South Kilby street and 138 Cherry street in the city of Gloucester.”.
The amendment was adopted.
The bill, as amended, was then ordered to a third reading, read a third time and passed to be engrossed, in concurrence, with the amendment, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act authorizing the deposit of proceeds from the sale of certain properties by the city of Gloucester”.
Sent to the House for concurrence in the amendment.

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 House Bill relative to the membership of the Metropolitan Area Planning Council (House, No. 3143).
There being no objection, the rules were suspended, on motion of Mr. Knapik, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act amending the membership of the Metropolitan Area Planning Council”.

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 providing automobile insurance special investigators with access to the Department of Motor Vehicle photographs (Senate, No. 1969).
The rules were suspended, on motion of Mr. Tisei, and the bill was read a second time.
Pending the question on ordering the bill to a third reading, on motion of Mr. Tisei, the bill was recommitted to the Senate committee on Ways and Means.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill empowering the Secretary of Public Safety to establish regulations relative to the issuance of police identification cards (Senate, No. 2601),— ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2746).
There being no objection, the rules were suspended, on motion of Mr. Brown, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2746) was then ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.
Bill Returned with Recommendation of Amendment.

A message from His Excellency the Governor, returning with recommendation of amendment the engrossed Bill establishing the Cohasset Library Trust, Inc. (see House, No. 4840, amended) [for message, see House, No. 5289],— came from the House with an amendment in the form approved by the committee on Bills in the Third Reading as follows:— by striking out section 7.
The message was read; and, under the provisions of Article LVI of the Amendments to the Constitution, the bill was before the Senate subject to amendment and re-enactment.
The rules were suspended, on motion of Mr. Knapik, and the Governor's amendment was considered forthwith and adopted, in concurrence.
Sent to the House for re-enactment.

The Senate Bill requiring automatic external defibrillator devices in health clubs (Senate, No. 2681),— came from the House passed to be engrossed, in concurrence with an amendment striking out sections 2 to 4, inclusive (as changed by the Senate committee on Bills in the Third Reading) and inserting in place thereof the following 5 sections:
“SECTION 1. Section 78 of chapter 93 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out, in line 1, the words ‘section seventy-nine to eighty-eight’ and inserting in place thereof the following words:— sections 78A to 88.
SECTION 2. Said chapter 93 is hereby further amended by inserting, after section 78 as appearing the following section:—
“Section 78A. A health club shall have on the premises at least 1 AED, as defined in section 12V½ of chapter 112, and shall have in attendance during staffed business hours at least 1 employee or authorized volunteer as an AED provider, as defined in said section 12V½ of said chapter 112.
SECTION 3. Section 86 of said chapter 93, as so appearing, is hereby amended by adding the following paragraph:—
Absent a showing of gross negligence of willful or wanton misconduct, no cause of action against a health club or its employees may arise in connection with the use of non-use of a defibrillator.
SECTION 4. Chapter 112 of the General Laws is hereby amended by striking out section 12V, as so appearing, and inserting in place thereof the following section:—
Section 12V. Any person, whose usual and regular duties do not include the provision of emergency medical care, and who, in good faith, attempts to render emergency care including, but not limited to, cardiopulmonary resuscitation or defibrillation, and does so without compensation, shall not be liable for acts or omissions, other than gross negligence or willful or wanton misconduct, resulting from the attempt to render such emergency care.
SECTION 5. This act shall take effect on November 1, 2007.”
The rules were suspended, on motion of Mr. Brown, and the House amendment was considered forthwith and adopted, in concurrence (as corrected by the committee on Bills in the Third Reading).

A petition (accompanied by bill, House, No. 5339) of Kathi-Anne Reinstein for legislation to establish a sick leave bank for Paula Phelan, an employee of the Department of Industrial Accidents,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Public Service.

Engrossed Bills.

The following engrossed bills (both of which originated in the House), 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 (Ms. Wilkerson) and laid before the Governor for his approbation, to wit:
Establishing an appointed superintendent of streets in the town of Lakeville (see House, No. 4296); and
Further regulating review of fence viewers’ rulings (see House, No. 4749).

Recess.

There being no objection, at thirteen minutes past eleven o’clock A.M., the Chair (Ms. Wilkerson) declared a recess subject to the call of the Chair; and, at a quarter past twelve o’clock noon, the Senate reassembled, Ms. Wilkerson in the Chair.

PAPERS FROM THE HOUSE.
Emergency Preamble Adopted; Engrossed Bill Enacted.

An engrossed Bill establishing a sick leave bank for Michael LoPriore, an employee of the Trial Court (see House, No. 5325, changed and 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 2 to 0.
The bill was signed by the Acting President (Ms. Wilkerson) and sent to the House for enactment.
Subsequently, the bill, which originated in the House, came from the House with the endorsement that it had been enacted in that branch.
The Senate then passed the bill to be enacted; and it was signed by the Acting President (Ms. Wilkerson) and laid before the Governor for his approbation.

Order Adopted.

On motion of Mr. Brown,—
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 the same Senator, at twenty-three minutes past twelve o’clock noon, the Senate adjourned to meet on the following Monday at eleven o’clock A.M.