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, December 16, 2002.

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

Communication.

A communication was received from the President announcing the appointment of the Senator from Worcester, Hampden, Hampshire and Franklin, Mr. Brewer, and the Senator from Hampshire and Franklin, Mr. Rosenberg, to the special commission (pursuant to Section 36 of Chapter 236 of the Acts of 2002) to study the definition of agricultural and horticultural lands; the appointment of the Senator from Cape and Islands, Mr. O’Leary, to the steering committee (pursuant to Section 27 of Chapter 236 of the Acts of 2002) relative to coastal hazards management; the appointment of the Senator from Worcester and Middlesex, Mr. Antonioni, the Senator from Norfolk, Bristol and Middlesex, Ms. Jacques, and the Senator from Middlesex, Norfolk and Worcester, Mr. Magnani, to the special commission (pursuant to Section 52 of Chapter 300 of the Acts of 2002) to review the use of technology to improve teaching and learning in public education; and the appointment of Kathleen Casavant and Kateri Walsh (pursuant to Section 1 of Chapter 138 of the Acts of 1998) to three-year terms on the commission on the status of women.

Reports of Committees.

By Ms. Chandler, for the committee on Public Service, on the recommitted petition, a Bill authorizing and directing the Teachers’ Retirement Board to grant creditable service to Patricia Halloran (Senate, No. 1359);
Read and, under Senate Rule 27, referred to the committee on Ways and Means.

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

The House Bill relative to the payment of betterment assessments (House, No. 3835).

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 5391) of Mark V. Falzone, Kathi-Anne Reinstein, Thomas M. McGee and Jarrett T. Barrios (by vote of the town) relative to the power to appoint and remove certain members of boards and commissions in the town of Saugus; and

Petition (accompanied by bill, House, No. 5392) of Paul J. Donato, Vincent P. Ciampa and Charles E. Shannon (with the approval of the mayor and city council) relative to the salaries of certain public officials in the city of Medford;
Severally to the committee on Local Affairs.

A Bill establishing a paraprofessional incentive program (House, No. 4702, amended,— on House, Nos. 983 and 2130),— was read and, under Senate Rule 27, referred to the committee on Ways and Means.

A Bill relative to guaranteed products issued out of life insurance company separate accounts (printed as Senate, No. 746,— on petition),— was read and, under Senate Rule 26, referred to the committee on Steering and Policy.

Resolutions.

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

Resolutions (filed by Mrs. Sprague) “congratulating Cory Mark Isabelle of Mansfield upon his elevation to the rank of Eagle Scout.”

PAPERS FROM THE HOUSE.

A Bill relative to the city charter of the city of Lawrence (House, No. 5179,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Tolman, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Engrossed Bills.

The following engrossed bills (the first of which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, were severally passed to be enacted and were signed by the President and laid before the Acting Governor for her approbation, to wit:

Relative to the plumbing inspector in the town of Marblehead (see Senate, No. 2481); and

Relative to the health insurance of certain employees of the city of Everett (see House, No. 5255, changed).

Report of a Committee.

By Mr. Montigny, for the committee on Ways and Means, that the House Bill relative to eligibility for extended federal unemployment benefits (House, No. 5368),— ought to pass.
Mr. Pacheco requested unanimous consent to suspend the rules so that the matter may be considered forthwith; but objection was made thereto, by Mr. Hedlund, and the matter was laid aside.

Recess.

There being no objection, at ten minutes past eleven o’clock A.M., the President declared a recess subject to the call of the Chair; and at twenty-nine minutes past four o’clock P.M., the Senate reassembled, the President in the Chair.

Communication.

Notice was received from the House of Representatives that Kevin W. Fitzgerald of Boston had been elected by acclamation as Sergeant-at-Arms on the part of the House.

PAPERS FROM THE HOUSE.

Emergency Preamble Adopted.

An engrossed Bill establishing a sick leave bank for Kevin J. Welch, an employee of the Trial Court of the Commonwealth (see House, No. 5333), 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 President and sent to the House for enactment.

Engrossed Bills.

The following engrossed bills (the first two of which originated in the Senate) having been certified by the Senate Clerk to be rightly and truly prepared for final passage, were severally passed to be enacted and were signed by the President and laid before the Acting Governor for her approbation, to wit:

Authorizing the city of Quincy to lease certain property (see Senate, No. 2287);

Relative to mailing tax bills in the city of Marlborough (see Senate, No. 2498);

Relative to certain group life insurance (see House Bill, printed as Senate, No. 748, amended);

Relative to nuclear power plants (see House, No. 4913, amended);

Relative to a certain real property tax exemption in the town of Wellesley (see House, No. 5166); and

Changing the boundary line between Boxford and North Andover (see House, No. 5390).

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 House Bill relative to handicap parking restrictions (House, No. 4171, amended),— was read a third time and passed to be engrossed, in concurrence.

PAPER FROM THE HOUSE.

A petition (accompanied by bill, House, No. 5395) of Karyn E. Polito and Guy W. Glodis (by vote of the town) relative to establishing the Shrewsbury economic and industrial development corporation,— was referred, in concurrence, under suspension of Joint Rules 12 and 9, to the committee on Commerce and Labor.

Election of Sergeant-at-Arms.

Mr. Glodis moved that the Senate proceed to the election of a Sergeant-at-Arms on the part of the Senate, that the election be by acclamation, and that Kevin W. Fitzgerald of Boston be so elected Sergeant-at-Arms on the part of the Senate.

The motion unanimously prevailed; Mr. Fitzgerald was elected by acclamation on the part of the Senate; and declaration thereof was made by the President.

PAPER FROM THE HOUSE.

A Bill relative to unemployment insurance rates (printed in House, No. 5370,— being a message from Her Honor the Lieutenant-Governor, Acting Governor),— was read.

There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time.

Pending the question on ordering the bill to a third reading, Mr. Tolman offered an amendment by inserting at the end thereof the following 3 sections:—

“SECTION 2. Paragraph (4) of subsection (a) of section 14 of chapter 151A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by adding the following sentences:— In any month in which the Unemployment Compensation Fund falls below $500,000,000, the unemployment insurance taxable wage base shall be increased for that calendar year to $12,800. In each year thereafter, the unemployment insurance taxable wage base shall equal the product of (i) the taxable wage base for the previous calendar year; and (ii) the sum of 1 and the amount of any increase in the average weekly wage for the previous calendar year as reported under subsection (a) of section 29.

SECTION 3. Subsection (d) of said section 14 of said chapter 151A, as amended by section 8 of chapter 347 of the acts of 2002, is hereby further amended by adding the following paragraph:—

(4) An amount equal to the increase in the taxable wage base. If the unemployment insurance taxable wage base has increased because the Unemployment Compensation Fund has fallen below $500,000,000 in any month, the deputy director shall within 30 days calculate the increase in employer charges as a result of the increase to the unemployment insurance taxable wage base applied to the beginning of the calendar year, notify employers of such charges, and shall require payments within 60 days from the date of such notice.

SECTION 4. Section 14F of said chapter 151A, as appearing in the 2000 Official Edition, is hereby amended by striking out in lines 29 and 30, the words ‘the months of January, April, and August’ and inserting in place thereof the following words:— every month.”
Mr. Tarr asked that when a vote be taken on the amendment, it be taken by a call of the yeas and the nays. The President stated that under the rules, the Senate was in an informal session and that the question on adoption of the amendment by a call of the yeas and nays could not be entertained and the matter was laid aside.

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. Tarr, at fourteen minutes before five o’clock P.M., the Senate adjourned to meet on the following Thursday at eleven o’clock A.M.