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, May 15, 2003.

Met at one minute past eleven o’clock A.M. (Mr. Rosenberg in the Chair).

The Senator from Middlesex, Ms. Fargo, 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 Plainridge Racecourse (under Section 2 of Chapter 128C of the General Laws) submitting copies of contracts for the simulcasting of race events (received Thursday, May 15, 2003),— was placed on file.

Petitions.

Petitions were presented and referred, as follows:

By Mr. Brewer, a petition (subject to Joint Rule 12) of Stephen M. Brewer, Reed V. Hillman and Anne M. Gobi for legislation relative to the selection of the superintendent of the Tantasqua and Union 61 school district;

By Ms. Chandler, a petition (subject to Joint Rule 12) of Harriette L. Chandler, Richard T. Moore, Edward G. Connolly, Kathleen M. Teahan and other members of the General Court that provision be made for an investigation and study by a special commission (including members of the General Court) relative to cost saving measures relating to long-term care; and

By Mr. Glodis, a petition (subject to Joint Rule 12) of Guy W. Glodis for legislation to declare the Minuteman the official mascot of the University of Massachusetts at Amherst;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

By Mr. O’Leary, for the committee on Energy, on petition, a Bill providing for the collection of used motor oil (Senate, No. 379);
Read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Mr. Baddour, for the committee on Transportation, on petition, a Bill clarifying the name of a certain bridge in the town of Amesbury (Senate, No. 1853);

By the same Senator, for the same committee, on petition, a Bill designating the Merrimack Street, Route 1 bridge overpass in the city of Newburyport as the Raymond F. Welch Memorial Overpass (Senate, No. 1854);

By the same Senator, for the same committee, on petition, a Bill to extend the reporting deadline of the Advisory Committee on Financial Obligations of the Massachusetts Turnpike Authority (Senate, No. 1884, changed in line 4 by striking out, the words “April 1, 2003” and inserting in place thereof the following words “October 22, 2003”);

By the same Senator, for the same committee, on petition, a Bill designating a certain trail in Mansfield as the World War II veterans trail (Senate, No. 1897); and

By the same Senator, for the same committee, on petition, a Bill designating a portion of state highway routes 1A and 133 in the towns of Newbury, Rowley, Ipswich and Essex and the cities of Newburyport and Gloucester as a scenic byway (Senate, No. 1898);
Severally read and, under Senate Rule 26, referred to the committee on Steering and Policy.

Papers From the House.

A Bill making appropriations for the fiscal year 2004 for the maintenance of the departments, boards, commissions, institutions and certain activities of the Commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements (House, No. 4001, printed as amended,— on House, No. 1, in part),— was read and, under Senate Rule 27, referred to the committee on Ways and Means.

A petition (accompanied by bill, House, No. 3847) of David M. Torrisi, Steven A. Baddour, Bruce E. Tarr and Barbara A. L’Italien relative to authorizing the town of North Andover to grant open space restrictions,— was referred, in concurrence, to the committee on Natural Resources and Agriculture.

A communication was received from the House that the Speaker had announced the appointment of Representative William M. Straus of Mattapoisett to serve on the Help America Vote Act steering committee established by the Secretary of the Commonwealth pursuant to 42 U.S.C. section 15405.

Notice was received from the House of Representatives that the House of Representatives has called a joint session of the two houses, conformably to the provisions of Article XLVIII, as amended by Article LXXXI, of the Amendments to the Constitution, for the purpose of considering the following proposals for legislative amendments to the Constitution:

A proposal for a legislative amendment to the Constitution relative to a vacancy in the office of the Governor or Lieutenant-Governor (House, No. 727),— with reference to which the committee on the Judiciary had reported, in accordance with Joint Rule 23, that the amendment ought NOT to pass, the time within which the said committee was required to report having expired.

A proposal for a legislative amendment to the Constitution abolishing the Executive Council (House, No. 946),— with reference to which the committee on the Judiciary had reported, in accordance with Joint Rule 23, that the amendment ought NOT to pass, the time within which the said committee was required to report having expired.

A proposal for a legislative amendment to the Constitution relative to the affirmation of marriage (House, No. 3190),— with reference to which the committee on the Judiciary had reported, in accordance with Joint Rule 23, that the amendment ought NOT to pass, the time within which the said committee was required to report having expired.

A proposal for a legislative amendment to the Constitution relative to limiting the content of appropriation bills (House, No. 3287),— with reference to which the joint committee on Ways and Means had reported, in accordance with Joint Rule 23, that the amendment ought NOT to pass, the time within which the said committee was required to report having expired.

A proposal for a legislative amendment to the Constitution to require biennial state budgets (House, No. 3288),— with reference to which the joint committee on Ways and Means had reported, in accordance with Joint Rule 23, that the amendment ought NOT to pass, the time within which the said committee was required to report having expired.

Resolutions.

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

Resolutions (filed by Mr. Joyce) “congratulating June Newman”;

Resolutions (filed by Mr. Moore) “commemorating the fiftieth anniversary of the Massachusetts Chapter of the Healthcare Financial Management Association”; and

Resolutions (filed by Mrs. Sprague) “congratulating James Franklin Wellock of Walpole upon his elevation to the rank of Eagle Scout.”

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 Guy W. Glodis for legislation to dispense with “knock and announce” procedures in executing search warrants.
Senate Rule 36 was suspended, on motion of Ms. Menard, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on the Judiciary.

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 Harriette L. Chandler, Robert Spellane, John J. Binienda, Richard T. Moore and other members of the General Court for legislation to authorize and direct the reinstatement of Sandra L. Kurtinitis as a member in service of the state employees retirement system.
Senate Rule 36 was suspended, on motion of Ms. Menard, 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.

Papers From the House.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 3854) of William M. Straus and another for legislation to further regulate contributions and expenditures under the campaign finance laws;
Under suspension of Joint Rule 12, to the committee on Election Laws.

Petition (accompanied by bill, House, No. 3855) of Thomas P. Kennedy, Robert S. Creedon, Jr., Geraldine Creedon and Christine E. Canavan (with the approval of the mayor and city council) relative to the issuance of pension funding bonds by the city of Brockton;
Under suspension of Joint Rule 12, to the committee on Public Service.

Matter Taken Out of the Orders of the Day.

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

The Senate Bill authorizing the town of Milton to issue a license for the sale of all alcoholic beverages to be drunk on the premises (Senate, No. 420) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time and passed to be engrossed.
Sent to the House for concurrence.

Petition.

On motion of Mrs. Sprague, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Rosenberg, (accompanied by bill) of Stanley C. Rosenberg and Christopher J. Donelan for legislation to provide for the payment of a claim from the state treasury to Adam Dzialo,— and the same was referred to the committee on the Judiciary.
Sent to the House for concurrence.

Order Adopted.

On motion of Ms. Walsh,—

Ordered, That when the Senate adjourns today, it adjourn to meet again on Monday 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 Joseph D. Ward.

The Senator from Worcester and Middlesex, Mr. Antonioni, presented a request that when the Senate adjourns today, it adjourn in the memory of former Secretary of State and State Senator Joseph D. Ward of Fitchburg. Joseph Ward began his public career in 1949 as an elected member of the House of Representatives. He served in that body until 1956. In 1959 and 1960 he served two years as Secretary of the Commonwealth. He was defeated in his quest to be Governor of the Commonwealth in 1960. But the spirit of public service did not leave him after that defeat. Joseph Ward became a distinguished member of the Senate and served from 1963 to 1972. During that time, he was responsible for the passage of many pieces of major legislation, including the Clean Waters Act of 1966, which became the basis for the Federal Clean Waters Act. He will be sorely missed.

Accordingly, as a mark of respect to the memory of Joseph D. Ward, at eleven minutes past eleven o’clock A.M., on motion of Mr. Tolman, the Senate adjourned to meet again Monday next at eleven o’clock A.M.