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Uncorrected Proof of the Journal of the Senate

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Uncorrected Proof of the Journal of the Senate 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. JOURNAL OF THE SENATE Wednesday, May 19, 2004. Met at eleven minutes past twelve o'clock noon. The President, members, guests and employees then recited the pledge of allegiance to the flag. Resolutions. The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:- Resolutions (filed by Mr. Pacheco) “on the occasion of the fiftieth wedding anniversary of Manuel and Joan Faria”; Resolutions (filed by Mr. Pacheco) “honoring the memory of Philip J. Farley”; Resolutions (filed by Ms. Wilkerson) “honoring Reverend John Heinemeier on the occasion of his retirement”; and Resolutions (filed by Ms. Wilkerson) “honoring Mr. Li Hongzhi and Falun Dafa.” Papers from the House Emergency Preambles Adopted. An engrossed Bill establishing a sick leave bank for a certain employee of the Department of Mental Retardation (see Senate, No. 2336, amended), 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 9 to 0. The bill was signed by the President and sent to the House for enactment. An engrossed Bill relative to the terms of certain bonds to be issued by the Commonwealth (see House Bill, printed in House, No. 4285), 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 10 to 0. The bill was signed by the President and sent to the House for enactment. 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 Governor for his approbation, to wit: Authorizing a transfer from the unemployment compensation fund in the town of Gill (see Senate, No. 2104, amended); Relative to the destruction, defacement or removal of veterans' commemorative flag holders (see House, No. 2390); and Relative to the use of retired police officers by the town of Grafton (see House, No. 3936). An engrossed Bill exempting members of the police force of the town of Hopedale from the civil service law (see House, No. 4309, amended) (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 re-enacted and was signed by the President and again laid before the Governor for his approbation. Orders of the Day. The Orders of the Day were considered as follows:- The House Bill making appropriations for the fiscal year 2005 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. 4601),-- was read a second time. After remarks, pending the question on ordering the bill to a third reading and pending the question on adoption of the amendment as recommended by the committee on Ways and Means, striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2400,- the following amendments were considered:- Mr. Nuciforo moved that the bill be amended in Section 2 by inserting, after item 1599-7092, the following item:- “1599-7095 For the purpose of disaster relief and to meet the expense of public services for the towns of Dalton, Windsor, Cummington, Peru, and the Dalton Fire District to be reimbursed by the commissioner of administration in the following amounts, town of Dalton $1,770; town of Windsor $40,704; town of Cummington $1,224,172; town of Peru $17,306; Dalton Fire District $16,927; provided further, that reimbursement shall be made only upon acceptance by said commissioner of itemized bills from each town and district for such expenses ……………………….$1,300,879” The amendment was rejected. Mr. Joyce moved that the bill be amended, in section 2, in item 8324-0000, in line 33, by inserting after the words ", and supplies," the following item:-"; and provided further that not less than $250,000 shall be expended for renovations and expansions of the Avon Police and Fire Department Headquarters.” The amendment was rejected. Mr. Joyce moves to amend the bill, in section 2, in item 8324-0000, in line 33, by inserting after the words “, and supplies,” the following item:- “; and provided further that not more than $45,000 shall be expended for the purchase of a forest fire truck in West Bridgewater.” The amendment was rejected. Messrs. Lees, Tisei, Knapik and Brown and Mrs. Sprague moved that the bill be amended in Section 2 in item 8900-0001 by striking the figure “429,606,705” and inserting in place thereof the following:- “432,268,435”. After debate, the question on adoption of the amendment was determined by a call of the yeas and nays, at eight minutes before one o’clock P.M., on motion of Mr. Lees, as follows, to wit (yeas 8 – nays 30) [Yeas and Nays No. 527]: YEAS. Brown, Scott P. Lees, Brian P. Glodis, Guy W. Sprague, Jo Ann Hedlund, Robert L. Tarr, Bruce E. Knapik, Michael R. Tisei, Richard R. — 8. NAYS. Antonioni, Robert A. Montigny, Mark C. Baddour, Steven A. Moore, Richard T. Barrios, Jarrett T. Morrissey, Michael W. Berry, Frederick E. Murray, Therese Brewer, Stephen M. Nuciforo, Andrea F., Jr. Chandler, Harriette L. O’Leary, Robert A. Creedon, Robert S., Jr. Pacheco, Marc R. Creem, Cynthia Stone Panagiotakos, Steven C. Fargo, Susan C. Resor, Pamela Hart, John A., Jr. Rosenberg, Stanley C. Havern, Robert A. Shannon, Charles E. Joyce, Brian A. Tolman, Steven A. Magnani, David P. Tucker, Susan C. McGee, Thomas M. Walsh, Marian Melconian, Linda J. Wilkerson, Dianne — 30. ABSENT OR NOT VOTING. Menard, Joan M. — 1. The yeas and nays having been completed at five minutes before one o’clock P.M., the amendment was rejected. Messrs. Morrissey, Montigny, Glodis, and Brown moved that the bill be amended, in section 2, in item 8900-0001, by inserting after the words “and the sex offender registry” following:- “and provided further, that the Commissioner of the Department of Correction shall report annually on the staffing of Unit 4 positions, so-called, in each state correctional institution. Such report shall include, but not be limited to, the following: The number of Unit 4 positions broken down by correctional institution, and the number of Unit 4 positions vacant; the number of Unit 4 positions lost to retirement, discharge or resignation and the number that have been replaced; a breakdown by correctional facility of the staff hours of overtime worked by Unit 4 personnel and the annual aggregate costs related to this overtime; the number of reported assaults upon Unit 4 personnel; the number of Unit 4 personnel out on industrial accident leave, and for each individual, the length of time on leave. The report mandated by this section shall be prepared on a fiscal year basis and shall be filed no later than September 31 of each year with the secretary of public safety, the secretary of administration and finance, the joint legislative committees on public safety and criminal justice, and the house and senate committees on ways and means and sufficient copies shall be made available to the general public. The amendment was adopted. Mr. Barrios and Ms. Wilkerson moved that the bill be amended by inserting, after Section 362, the following new Section:- “SECTION __. Chapter 22C of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after section 69 the following new section:- Section 70. (1) As used in this section the following words shall, unless the context requires otherwise, have the following meanings:- “Audit”, a review and evaluation of the policies and procedures used by the department of correction for conducting investigations and the degree to which the department of correction has adhered to these policies and procedures. “Inspector general”, the inspector general of corrections, the head of the office of the inspector general of corrections “Misconduct”, any act, malfeasance, or dereliction of duty that results in physical or emotional injury of a person, including, but not limited to, assault, battery, sexual assault, sexual harassment, threats, intimidation, or coercion. “Office”, the office of the inspector general of corrections “Retaliation”, the intentional act of reprisal, threats, coercion, or similar acts against a person employed by the department of correction, or who works in the department of correction, who has either made a complaint or disclosed information regarding alleged misconduct by another employee. (2) There is hereby established the office of the inspector general of corrections within the department of state police. The purpose of the office shall be to provide for the investigation and remediation of instances of misconduct by individuals employed by or working within the department of correction.
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