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UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.


Seal of the
Commonwealth of Massachusetts

JOURNAL OF THE SENATE.

Wednesday, May 7, 2003.

Met according to adjournment at eleven o’clock A.M. (Mr. Berry in the Chair).

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

Distinguished Guests.

Mr. Tolman in the Chair, there being no objection, the Chair (Mr. Tolman) introduced Sister Catherine Loretto and students and chaperones from her class at St. Columbkille’s School in Brighton. Among the students was Siobhan Tolman, daughter of the Senator, and among the chaperones was Sue Tolman, wife of the Senator. All were the guests of Senator Tolman.

Communication.

Mr. Berry in the Chair, a communication from Mass Highway submitting a quarterly report on certain bond fund expenditures (received Monday, April 28, 2003),— was placed on file.

Petition.

Mr. Morrissey presented a petition (subject to Joint Rule 12) of Michael W. Morrissey, Robert L. Hedlund and Bruce E. Tarr for legislation to preserve fishing rights in the Commonwealth,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of a Committee.

Mr. Brewer, for the committee on Ethics and Rules, reported, recommending that the rules of the Senate be amended by inserting after Senate Rule l0A the following rule:

“10B. Interns and other temporary employees of the Senate, who are students at accredited educational institutions and who are employed by the Senate for not more than 6 months, may receive compensation from an educational institution or other non-profit organization under section 501(c)(3) of the Internal Revenue Code, according to that organization’s regular program of providing such compensation for temporary governmental or public service employment. A temporary employee’s Senate supervisor shall establish the employee’s state compensation, shall verify that the sum of the employee’s state compensation, if any, and any outside compensation that the employee is to receive under this rule would not exceed this total compensation, and shall file the written terms of the employee’s compensation with the Senate Personnel Office, where it shall be available for public inspection.”

Messrs. Brewer and Lees, for the committee on Ethics and Rules, reported, under the provisions of Senate Rule 13A, recommending that the following procedure be adopted for amendments to the General Appropriations Act:

Ordered, that notwithstanding Senate Rule 27A, no amendment to the general appropriations bill, which seeks to increase appropriations in excess of $100,000 shall be in order unless it is accompanied by a corresponding provision to decrease other items of appropriation in the bill by an equal or greater amount. This order shall apply to any amendment allocating funds within a line item for a particular purpose that would have the effect of allocating more funds than the line item contains. No provision to decrease appropriations shall diminish non-discretionary items.

No amendment to the general appropriations bill that seeks to increase revenues shall be in order if it specifically directs the appropriation, expenditure or deposit of the additional revenues.

The committee on Ways and Means may offer one or more amendments as substitutes for amendments to the general appropriations bill that seek to increase revenues, and said substitutes shall be considered amendments in the first degree.

No proposition on a subject different from the amendment under consideration shall be admitted under color of a redrafted or further amendment.
Severally placed in the Orders of the Day for the next session, the question, in each instance, being on adoption of the order.

Committees Discharged.

Mr. Brewer, for the committees on Rules of the two branches, acting concurrently, reported, asking to be discharged from further consideration of the Senate Bill relative to assessing the future need for elderly housing in the Commonwealth (Senate, No. 724),— and recommending that the same be referred to the Senate committee on Ethics and Rules.
Under Senate Rule 36, the report was considered forthwith and accepted.

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 Jarrett T. Barrios for legislation to establish a uniform rate of parking fines.
Senate Rule 36 was suspended, on motion of Mr. Tarr, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Safety.

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 Jarrett T. Barrios for legislation relative to the retirement of Cambridge police officers hired from the 1972 police examination.
Senate Rule 36 was suspended, on motion of Mr. Tarr, 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 Pamela P. Resor, James B. Eldridge, Deborah D. Blumer and another for legislation to declare September twenty-first as Myositis Awareness Day.
Senate Rule 36 was suspended, on motion of Mr. Tarr, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on State Administration.
Severally sent to the House for concurrence.

Reconsideration of Referral to Committee.

Mrs. Sprague moved that the Senate reconsider the vote by which, at a previous session, it had referred to the committee on Local Affairs the Senate petition of Joan M. Menard, Stanley C. Rosenberg and Marc R. Pacheco for legislation to allow cities and towns to exceed the debt limit in fiscal year 2003.

The motion to reconsider prevailed.
The recurring question being on referral to a committee, on further motion of Mrs. Sprague, the petition (accompanied by bill) was referred to the committee on Taxation.
Sent to the House for concurrence.

Matters Taken Out of the Orders of the Day.

There being no objection, the following matters were taken out of the Orders of the Day and considered, as follows:

The Senate bills

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

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); and

Relative to the manufacture of food products (printed as House, No. 697);
Were severally read a second time and ordered to a third reading.

The Senate Bill relative to the appointment of special police officers at the Crane Reservation (Senate, No. 1380),— was read a second time.
Pending the main question on ordering the bill to a third reading, on motion of Mr. Tarr, the bill was recommitted to the committee on Public Safety.

Reports of a Committee.

By Ms. Murray, for the committee on Ways and Means, on petition (accompanied by bill, Senate, No. 1208), a Bill amending the Upper Blackstone Water Pollution Abatement District (Senate, No. 1989).
The bill was read. There being no objection, the rules were suspended, on motion of Mr. Tolman, and the bill was read a second time and ordered to a third reading.

By Ms. Murray, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Francie R. Minder, an employee of the Department of Mental Retardation (House, No. 3736),— ought to pass, with an amendment, adding at the end thereof the following:—

“Whenever Francie R. Minder terminates employment with the Department of Mental Retardation or requests to dissolve the sick leave bank, any remaining time in the sick leave bank shall be transferred to the department’s extended illness leave bank.”.
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means. The bill, as amended, was then ordered to a third reading.

Order Adopted.

On motion of Mr. Tolman,—

Ordered, That when the Senate adjourns today, it adjourn to meet again tomorrow at one o’clock P.M., in a full formal session.

Adjournment in Memory of David Owens.

The Senator from Suffolk and Middlesex, Mr. Travaglini presented a request that when the Senate adjourns today, it adjourn in memory of David Owens, who passed away this past Sunday. David Owens of Acton was a former Assistant Counsel to the Massachusetts State Senate and served briefly as Acting Senate Counsel. David Owens graduated from Harvard University in 1925 and from Boston University Law School in 1932. He served in the Massachusetts House of Representatives from 1936-1949 and ran for the United States Congress in 1940. David Owens will be missed by his many friends and family. The motion prevailed.

Accordingly, as a mark of respect to the memory of David Owens, at twelve minutes past eleven o’clock A.M., on motion of Mr. Tarr, the Senate adjourned to meet again tomorrow at one o’clock P.M.