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
Monday, March 31, 2003.

Met at one minute past eleven o’clock A.M. 

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

Message from the Governor.

A message from His Excellency the Governor (under the provisions of Article LXXXIX of the Amendments to the Constitution) (under the provisions of Section 8 of Article LXXXIX of the Amendments to the Constitution) recommending legislation to authorize the town of Sunderland to hold annual and special town meetings in the town of Deerfield (Senate, No. 1967) (received in the office of the Clerk of the Senate on Thursday, March 27, 2003 at five o’clock P.M.),— was referred to the committee on Senate Ethics and Rules. 

Communication.

A communication from the Joint Committee on Banks and Banking submitting its rules of procedure for the 2003-2004 legislative session (received Thursday, March 27, 2003),— was placed on file. 

Petition.

Ms. Murray presented a petition (accompanied by bill, Senate, No. 1968) of Therese Murray, Susan Williams Gifford, Jeffrey Davis Perry and Matthew C. Patrick (by vote of the town) for legislation to authorize the appointment of Kelly McNiff as a firefighter in the town of Bourne notwithstanding the maximum age requirement,— and the same was referred, under Senate Rule 20, to the committee on Public Service.

Sent to the House for concurrence.

 

Report of a Committee.

By Ms. Wilkerson, for the committee on State Administration, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 1699) of Charles E. Shannon and Emma Krane for legislation to designate the Boston Cream doughnut as the official doughnut of the Commonwealth;
Referred, under Senate Rule 36, to the committee on Steering and Policy. 

Committee Discharged.

Ms. Wilkerson, for the committee on State Administration, reported, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 1675) of Richard T. Moore for legislation to require the Secretary for Administration and Finance to conduct a study of workforce development relative to an enhanced health care workforce,— and recommending that the same be referred to the committee on Health Care.
Under Senate Rule 36, the report was considered forthwith and accepted.

Sent to the House for concurrence.

 

PAPERS FROM THE HOUSE.

Messages were referred, in concurrence, as follows:

Message from His Excellency the Governor recommending legislation relative to reforming the MassHealth Program (House, No. 3732);
To the committee on Health Care.

Message from His Excellency the Governor recommending legislation relative to designating portions of Interstate 90 and Interstate 93 (House, No. 3733);
To the committee on Transportation. 

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 3724) of James H. Fagan relative to the retirement of Richard Sykes, an employee of the Department of Mental Health; and

Petition (accompanied by bill, House, No. 3725) of James H. Fagan relative to the retirement of Agnes Gustafson, an employee of the Department of Mental Health;
Severally to the committee on Public Service.

 A report of the committee on Commerce and Labor, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 1623) of Robert J. Nyman and Andrea F. Nuciforo, Jr., for legislation to prohibit the use of the name of financial institutions in advertising and soliciting without prior consent, and recommending that the same be referred to the committee on Banks and Banking,— 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. Lees) “recognizing the Massachusetts Chapter of the National Black Republican Council and congratulating its newly elected officers”; and

Resolutions (filed by Messrs. Montigny, Baddour, Berry and Brewer, Ms. Chandler, Mr. Creedon, Ms Creem, Ms. Fargo, Messrs. Glodis, Hart, Havern and Hedlund, Ms. Jacques, Messrs. Joyce, Knapik, Lees, Magnani and McGee, Ms. Melconian, Ms. Menard, Messrs. Moore and Morrissey, Ms. Murray, Messrs. Nuciforo, O’Leary, Pacheco and Panagiotakos, Ms. Resor, Messrs. Rosenberg and Shannon, Mrs. Sprague, Messrs. Tarr, Tisei and Tolman, Ms. Tucker, Ms. Walsh, Ms. Wilkerson and Messrs. Antonioni and Barrios) “on Multiple Sclerosis Week.”

 

PAPERS FROM THE HOUSE.

A Bill further regulating the expiration dates of gift certificates and certain mediums of exchange (House, No. 3729,-- on House, No. 32),-- was read.
There being no objection, the rules were suspended, on motion of Ms. Walsh, and the bill was read a second time.
Ms. Murray presented an amendment substituting, in part, a Bill entitled "An Act delaying the effective date of certain changes in law relative to the expiration dates of gift certificates and certain other mediums of exchange" (Senate, No. 1969).
The amendment was adopted and the bill was substituted.
There being no objection, the rules were suspended and the bill (Senate, No. 1969) was read a second time, ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.
The recurring question came on ordering the residue of House, No. 3729 to a third reading and, on motion of Mr. Tolman, the bill was referred to the committee on Ways and Means.

 

A Bill relative to tax laws of the Commonwealth (House, No. 3718,-- on House, Nos. 83 and 88),— was read.
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 relative to the administration of the tax laws". 

Order Adopted.

On motion of Ms. Walsh,—

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

Recess.

There being no objection, at seven minutes past eleven o’clock A.M., the President declared a recess subject to the call of the Chair; and at twenty-four minutes past three o’clock P.M., the Senate reassembled, Mr. Berry in the Chair (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

 

PAPER FROM THE HOUSE.

The Senate Bill delaying the effective date of certain changes in law relative to the expiration dates of gift certificates and certain other mediums of exchange (Senate, No. 1969),— came from the House passed to be engrossed, in concurrence with an amendment striking out the date "August 1, 2003" and inserting in place thereof the date "June 1, 2003".
The rules were suspended, on motion of Mrs. Sprague, and the House amendment was considered forthwith and adopted, in concurrence. 

Petition.

On motion of Mrs. Sprague, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Moore, (accompanied by bill) of Richard T. Moore and Mark C. Montigny for legislation to restore health coverage to certain individuals,— and the same was referred to the committee on Health Care.

Sent to the House for concurrence.

 

Recess.

There being no objection, at a half past three o’clock P.M., the Chair (Mr. Berry) declared a recess subject to the call of the Chair; and at five minutes before four o’clock P.M., the Senate reassembled, Mr. Berry in the Chair.

 

PAPERS FROM THE HOUSE.
Emergency Preambles Adopted; Engrossed Bills Enacted.

An engrossed Bill relative to the administration of the tax laws (see House, No. 3718), 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 3 to 0.
The bill was signed by the Acting President 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 and laid before the Governor for his approbation.

 

An engrossed Bill delaying the effective date of certain changes in law relative to the expiration dates of gift certificates and certain other mediums of exchange (see Senate, No. 1969, 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 3 to 0.
The bill was signed by the Acting President and sent to the House for enactment.
Subsequently, the bill, which originated in the Senate, 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 and laid before the Governor for his approbation.

 

Adjournment in Memory of Josephine Rico.

Mr. Pacheco presented a request that when the Senate adjourns today, it adjourn in memory of Josephine Rico of Taunton, the wife of former Representative Frank G. Rico, who served as a member of the House of Representatives from 1953-1968.
Accordingly, as a mark of respect to the memory of Josephine Rico, at five minutes past four o’clock P.M., on motion of Mrs. Sprague, the Senate adjourned to meet on Thursday next at eleven o'clock A.M.