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.

Monday, May 5, 2003.

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

The Senator from Hampden and Hampshire, Mr. Knapik, then led the Chair (Mr. Rosenberg), members, guests and employees in the recitation of the pledge of allegiance to the flag.

Communication.

A 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 fees increases at the following state agencies: Food and Agriculture Department, Public Health Department, Revenue Department, Insurance Division, Division of Standards, Public Utilities Department, Public Safety Department, Massachusetts Aeronautics Commission, the Secretary of State and the Registry of Motor Vehicles (received Monday, May 5, 2003),— was placed on file.

Petitions.

Mr. Tarr presented a petition (accompanied by bill, Senate, No. 1987) of Bruce E. Tarr and Bradford Hill (by vote of the town) for legislation to establish the Ipswich affordable housing trust fund [Local approval received],— and the same was referred, under Senate Rule 20, to the committee on Housing and Urban Development.
Sent to the House for concurrence.

Petitions were presented and referred, as follows:

By Mr. Hedlund, a petition (subject to Joint Rule 12) of Robert L. Hedlund for legislation relative to the charter school tuition cap; and

By Mr. Joyce, a petition (subject to Joint Rule 12) of Brian A. Joyce and Steven A. Tolman for legislation to further regulate smoking in nursing homes and convalescent homes;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

By Ms. Chandler, for the committee on Housing and Urban Development, on petition, a Bill relative to assessing the future need for elderly housing in the Commonwealth (Senate, No. 724);
Read and, under Joint Rule 29, referred to the committees on Rules of the two branches, acting concurrently.

By Ms. Chandler, for the committee on Housing and Urban Development, on petition, a Bill relative to memorials located on Metropolitan District Commission property (Senate, No. 703); and

By the same Senator, for the same committee, on petition, a Bill transferring the responsibilities of the Metropolitan District Commission (Senate, No. 718);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

Ms. Jacques, for the committee on Steering and Policy, reported that the following matters be placed in the Orders of the Day for the next session:

The Senate bills

Relative to the annual observance of Jack Kerouac Day (Senate, No. 1666); and

Conforming the date for observance of public employee appreciation day in the Commonwealth with the national observance of public service recognition week (Senate, No. 1668).

Committee Discharged.

Ms. Chandler, for the committee on Housing and Urban Development, reported, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 730) of Bruce E. Tarr, Richard R. Tisei, Michael R. Knapik, Brian A. Joyce and other members of the General Court for legislation to create a statewide assisted living facility master plan,— and recommending that the same be referred to the Senate committee on Ways and Means.
Under Senate Rule 36, the report was considered forthwith and accepted.
Sent to the House for concurrence in the discharge of the joint committee.

Reports of Committees on Proposals for

Legislative Amendments to the Constitution.

Mr. Joyce, for the committee on Election Laws, on the petition (accompanied by proposal, Senate, No. 352) of Richard T. Moore, Susan W. Pope, Jo Ann Sprague, Stephen M. Brewer and other members of the General Court for a legislative amendment to the Constitution to increase the term of office for the General Court from two to four years, reported, in accordance with a provision of Joint Rule 23, recommending that the amendment proposed by said petition (see Senate, No. 352), ought NOT to pass.

The same Senator, for the same committee, on the petition (accompanied by proposal, Senate, No. 355) of Richard T. Moore, Jo Ann Sprague and Scott P. Brown for a legislative amendment to the Constitution relative to emergency appointments of elected officials,— reported, in accordance with a provision of Joint Rule 23, recommending that the amendment proposed by said petition (see Senate, No. 355), ought NOT to pass.

The same Senator, for the same committee, on the petition (accompanied by proposal, Senate, No. 362) of Stanley C. Rosenberg, Robert Spellane, Richard T. Moore, Robert A. O’Leary and other members of the General Court for a legislative amendment to the Constitution promoting the representative character of ballot questions,— reported, in accordance with a provision of Joint Rule 23, recommending that the amendment proposed by said petition (see Senate, No. 362), ought NOT to pass (Senator Nuciforo dissenting).

The same Senator, for the same committee, on the petition (accompanied by proposal, House, No. 1077) of Ronald Lagasse for a legislative amendment to the Constitution to limit the power of repeal by the General Court,— reported, in accordance with a provision of Joint Rule 23, recommending that the amendment proposed by said petition (see House, No. 1077), ought NOT to pass.
The reports were severally read and placed on file, in accordance with the requirements of said rule.
Under the provisions of Joint Rule 23, the following proposals were placed on file, the time within which the said committees were required to report having expired:—

Of the committee on the Judiciary, ought NOT to pass (under Joint Rule 23) on the petition (accompanied by proposal, Senate, No. 1065) of Michael R. Knapik, Michael F. Kane, Brian P. Lees, Richard R. Tisei and Donald F. Humason, Jr. for a legislative amendment to the Constitution relative to the election of judges

Of the committee on the Judiciary, ought NOT to pass (under Joint Rule 23), on the petition (accompanied by proposal, Senate, No. 1984) of Brian A. Joyce, Barry R. Finegold, Richard T. Moore and Robert L. Hedlund for a legislative amendment to the Constitution to abolish the Governor’s Council.

Of the committee on the Judiciary, ought NOT to pass (under Joint Rule 23) on the petition (accompanied by proposal, House, No. 184) of George N. Peterson, Jr. for a legislative amendment to the Constitution to increase the terms of office for Senators and Representatives in the General Court from two to four years.

Of the committee on the Judiciary, ought NOT to pass (under Joint Rule 23) on the petition (accompanied by proposal, House, No. 727) of Jay R. Kaufman and other members of the General Court for a legislative amendment to the Constitution relative to the vacancy in the office of Governor or Lieutenant-Governor.

Of the committee on the Judiciary, ought NOT to pass (under Joint Rule 23) on the petition (accompanied by proposal, House, No. 946) of Frank M. Hynes for a legislative amendment to the Constitution abolishing the Executive Council.

Of the committee on the Judiciary, ought NOT to pass (under Joint Rule 23) on the petition (accompanied by proposal, House, No. 3190) of Philip Travis, other members of the General Court and another for a legislative amendment to the Constitution to provide that only the union of one man and one woman shall be valid or recognized as marriage.

Of the committee on Ways and Means (Joint), ought NOT to pass (under Joint Rule 23), on the petition (accompanied by proposal, House, No. 3287) of Frank M. Hynes for a legislative amendment to the Constitution relative to limiting the content of appropriation bills.

Of the committee on Ways and Means (Joint), ought NOT to pass (under Joint Rule 23), on the petition (accompanied by proposal, House, No. 3288) of Frank M. Hynes for a legislative amendment to the Constitution to require biennial state budgets.

Communication.

The Clerk read the following communication:

May 2, 2003.

Patrick F. Scanlan
Clerk of the Massachusetts State Senate
State House, Room 335
Boston, Massachusetts 02133

Dear Mr. Clerk:

I respectfully request that this correspondence be read into the record at the next session of the Senate. Due to circumstances beyond my control, I missed the first roll call of the formal session of the Senate on May 1, 2003.

Had I been present, I would have voted in the affirmative on the question of adoption of the resolution: Forecasting the Amount of Tax Revenue for Fiscal Year 2004.

Thank you for your consideration.

Sincerely,
MARK C. MONTIGNY,
Senator.

On motion of Ms. Walsh, the above communication was ordered printed in the Journal of the Senate.

Resolutions.

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

Resolutions (filed by Ms. Wilkerson) “honoring Martha Roberts Small.”

PAPER FROM THE HOUSE.

A petition (accompanied by bill, House, No. 3845) of Sandra Henderson relative to providing for the right to counsel for litigants at trials in divorce proceedings,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on the Judiciary.

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 Guy W. Glodis, Jo Ann Sprague and John P. Fresolo for legislation to restrict the property tax exemption for private higher education institutions.
Senate Rule 36 was suspended, on motion of Ms. Walsh, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Taxation.
Sent to the House for concurrence.

PAPER FROM THE HOUSE.

Engrossed Bill.

An engrossed Bill relative to group insurance premiums for retired employees of the town of Webster retirees insurance premium rate (see House, No. 428) (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 and was signed by the Acting President and laid before the Governor for his approbation.

Order Adopted.

On motion of Mr. Knapik,—

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

Adjournment in Memory of former Senator

Anna P. Buckley.

The Senator from Plymouth and Bristol, Mr. Creedon, presented a request that when the Senate adjourns today, it adjourn in the memory of former State Senator Anna P. Buckley of Brockton.

Anna Buckley was the first woman elected to the Brockton City Council in 1972. A year later she was elected state senator. During her time in the State Senate, Anna Buckley chaired many important committees as well as becoming vice chair of the Committee on Ways and Means. When she retired in 1988 she had become Second Assistant Majority Floor Leader.

Anna was known as a tough debater and fought hard for the causes she felt were important. She was also known for her sharp wit and humor. She was a champion, by her example and deeds, for the cause of women’s rights. She will be missed.

Accordingly, as a mark of respect to the memory of Anna P. Buckley, at twenty-three minutes past eleven o’clock A.M., on motion of Mr. Knapik, the Senate adjourned to meet on Wednesday next at eleven o’clock A.M.