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.


Seal of the
Commonwealth of Massachusetts


Monday, April 14, 2003.

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

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


A report of the Senate committee on Post Audit and Oversight (under the provisions of Section 63 of Chapter 3 of the General Laws, as most recently amended by chapter 557 of the acts of 1986) entitled “Broken Trust — Fixing the Unemployment Trust Fund in Massachusetts” (Senate, No. 1992) (received Friday, April 11, 2003),— was placed on file.


Petitions were presented and referred, as follows:

By Mr. Brewer, a petition (subject to Joint Rule 12) of Stephen M. Brewer and Lewis G. Evangelidis for legislation relative to retirement benefits for certain employees at UMass Memorial Health Care;

By Mr. Glodis, a petition (subject to Joint Rule 12) of Guy W. Glodis for legislation to dispense with “knock and announce” procedures in executing search warrants; and

By Mr. Lees, a petition (subject to Joint Rule 12) of Brian P. Lees and Jo Ann Sprague for legislation to impose fines and restitution costs against individuals charged with obstructing motor vehicle traffic;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.


Messages were referred, in concurrence, as follows:

Message from His Excellency the Governor recommending legislation relative to erasing the unemployment insurance burden on employers and preserving the solvency of the trust fund (House, No. 3807);
To the committee on Commerce and Labor.

Message from His Excellency the Governor recommending legislation relative to the Sex Offender Registry (House, No. 3806);
To the committee on Criminal Justice.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 3748) of Robert F. Fennell (with the approval of the mayor and city council) relative to the deadlines for submission of nomination papers for municipal officers in the city of Lynn;
To the committee on Election Laws.

Petition (accompanied by bill, House, No. 3805) of Thomas A. Golden, Jr., David M. Nangle, Cory Atkins, Geoffrey D. Hall and Susan C. Fargo (by vote of the town) relative to the establishment of a sewer system capital improvement fund in the town of Chelmsford;
To the committee on Natural Resources and Agriculture.


Designating the Bay State Tartan as the official Commonwealth of Massachusetts district tartan (House, No. 627,— on petition); and

Providing for the annual observance of Tartan Day (House, No. 2528,— on petition);
Were severally read and, under Senate Rule 26, referred to the committee on Steering and Policy.


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

Resolutions (filed by Ms. Creem) “honoring Lincoln Yates on his retirement from the Newton Public Schools”; and

Resolutions (filed by Mr. Shannon) “congratulating Ralph Anthony DeAmato on the occasion of his eightieth birthday.”

Silent Prayer.

At the request of the Senator from Essex and Middlesex, Mr. McGee, the Senate paused for a moment of silent prayer to the memory of Michael Kelly of Swampscott.

Michael Kelly was a columnist for the Washington Post and an editor-at-large for the Atlantic Monthly who gave the ultimate sacrifice to his profession and his nation while covering the war for Iraqi freedom. Michael Kelly was the first American journalist to die in the current Iraqi war while he was an embedded journalist with the Army’s 3d infantry division. He had been to Kuwait and Iraq during Desert Storm and went back there now to report on this war and the conditions in the country of Iraq. He considered himself “an enemy of tyrants” and he wanted to be there in person when this tyrant was deposed. He leaves behind a wife and two children and many family members and friends who will miss him dearly.

Report 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 Steven A. Tolman, Bruce E. Tarr and Marc R. Pacheco for legislation relative to the unemployment insurance taxable wage base.
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 Commerce and Labor.
Sent to the House for concurrence.


A petition (accompanied by bill, House, No. 3808) of Elizabeth A. Malia for legislation to provide health insurance for direct care workers in long term care,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Insurance.

Order Adopted.

On motion of Mr. McGee,—

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.

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