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, March 13, 2003.

Met according to adjournment at eleven o’clock A.M. (Ms. Menard 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. Menard), members, guests and employees then recited the pledge of allegiance to the flag.

Communications

The following communications were severally placed on file.

Communication from the Joint Committee on State Administration submitting its rules of procedure for the 2003-2004 legislative session (received Tuesday, March 11, 2003);

Communication from the Secretary of the Executive Office of Elder Afairs submitting notice of proposed modifications in the Prescription Advantage Program (received Thursday, February 27, 2003);

Communication from the Public Employee Retirement Administration Commission (PERAC) (under the provisions of Section 50 of Chapter 7 of the General Laws) relative to travel-related expenses of the members and staff of the retirement board (received Tuesday, March 11, 2003);

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 Environmental Management, the Department of Fisheries, Wildlife and Environmental Law Enforcement, the Department of Agriculture and the Department of Public Health (received Thursday, March 13, 2003); and

Communication from the Commissioner of Youth Services (under Section 16 of Chapter 123A of the General Laws) submitting a letter relative to the treatment of persons committed as sexually dangerous (received Tuesday, March 11, 2003).

Report.

A report from the Secretary of the Commonwealth (under the provisions of Section 4 of Chapter 4 of the Acts of 2003) on the Registers Technological Fund Spending Plan (copies having been forwarded by the Clerk of the Senate to the Senate chairpersons of the committee on Ways and Means and Post Audit and Oversight) (received Tuesday, March 4, 2003),–was placed on file.

Petitions.

Petitions were presented and referred, as follows:

By Mr. Barrios, a petition (subject to Joint Rule 12) of Jarrett T. Barrios for legislation relative to the retirement of Cambridge Police Officers hired from the 1972 police examination;

By Ms. Menard, a petition (subject to Joint Rule 12) of Joan M. Menard for legislation to provide for local government workforce reduction through an early retirement program for education collaboratives;

By Mr. Nuciforo, a petition (subject to Joint Rule 12) of Andrea F. Nucifor, Jr. and Peter J. Larkin for legislation to authorize the Division of Capital Asset Management and Maintenance to convey a certain parcel of land in the town of Washington;

By Mr. O’Leary, a petition (subject to Joint Rule 12) of Robert A. O’Leary and John J. Binienda for legislation relative to the civil penalties for violations of the Federal Natural Gas Pipeline Safety Act; and

By Ms. Wilkerson, a petition (subject to Joint Rule 12) of Dianne Wilkerson for legislation to authorize the Commissioner of Capital Asset Management and Maintenance to convey certain land in the city of Boston to the U.S. Department of Housing and Urban Development;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Paper from the House.

A report of the committee on Human Services and Elderly Affairs, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 2617) of Brian Paul Golden and other rmembers of the General Court relative to establishing a program for production and modification of housing for persons with disabilities within the Executive Office of Health and Human Services, and recommending that the same be referred to the committee on Housing and Urban Development, — was considered forthwith, under Senate Rule 36, and accepted, in concurrence.

Resolutions.

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

Resolutions (filed by Mr. Hedlund) “on the retirement of Walter Tonaszuck;”

Resolutions (filed by Mr. Knapik) “honoring Frank McCourt upon winning the 2003 Ambassador’s Award”;

Resolutions (filed by Ms. Melconian and Mr. Lees) “honoring Massachusetts Mutual Life Insurance Company”;

Resolutions (filed by Mr. Shannon) “congratulating M. Teresa Cardoso”;

Resolutions (filed by Mrs. Sprague) “in recognition of Alan David Rockwood, recipient of the Friends of St. Patrick ‘Person of the Year Award’ for his dedication to the town of Walpole”; and

Resolutions (filed by Ms. Wilkerson) “honoring Daphne and Leonard Matthews on the occasion of their retirement.”

Reports of Committees.

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 and Christopher J. Donelan for legislation to direct the state board of retirment to classify Derek K. Estler in Group 4 of the retirement system.
Senate Rule 36 was suspended, on motion of Mr. Rosenberg, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Service.

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 Cheryl A. Jacques and John A. Lepper for legislation to authorize the state teachers’ retirement board to grant creditable service to Jeffrey Newman.
Senate Rule 36 was suspended, on motion of Mr. Rosenberg, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Service.

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 Marian Walsh for legislation to protect the rights of police appointees in instances of police training class cancellations and mandatory military service.
Senate Rule 36 was suspended, on motion of Mr. Rosenberg, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Service.
Severally sent to the House for concurrence.

Paper from the House.

Engrossed Bill.

An engrossed Bill validating certain votes taken at the annual town meeting held by the town of Dracut (see House Bill, printed in House, No. 2017) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be enacted, two-thirds of the members present having voted in the affirmative, and it was signed by the Acting President and laid before the Governor for his approbation.

Order Adopted.

On motion of Mr. Rosenberg,—

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

On motion of Mr. Rosenberg, at five minutes past eleven o’clock A.M., the Senate adjourned to meet on the following Tuesday at eleven o’clock A.M.