JOURNAL OF THE HOUSE.
Monday, December 15, 2003.
 
 
Met according to adjournment, at eleven o’clock A.M., in an Informal Session, with Mr. Correia of Fall River in the Chair (having been appointed by the Speaker, under authority conferred by Rule 5, to perform the duties of the Chair).

Prayer was offered by the Reverend Robert F. Quinn, C.S.P., Chaplain of the House, as follows:
Gracious God, we pray to You our Creator, that our minds and hearts will be open to the spirit and meaning of this special season of the year. This season is a time of joy, peace, love and concern for others. As we try to cope with the preparations and the stress of the Christmas and holiday celebrations and gift giving, help us to keep our human and spiritual values and our purpose for existence in clear focus. May the lights of Christmas and Chanukah show us the paths to follow as we together try to build a stable, safe and responsible society now and for our children.
Grant Your blessings to the Speaker, the members and employees of this House and their families. Amen.

At the request of the Chair (Mr. Correia), the members, guests and employees joined with him in reciting the pledge of allegiance to the flag.

Message from the Governor — Veto.

A message from His Excellency the Governor returning with his objections thereto in writing the engrossed Bill establishing a speed limit for Sassaquin Avenue in the city of New Bedford [see House, No. 3741] (for message, see House, No. 4386) was filed in the office of the Clerk on Friday, December 12.
The message was read; and, under House Rule 12, it was placed in the Orders of the Day for the next sitting, the question being on passing the bill (see House, No. 3741) notwithstanding the said objections.

Messages from the Governor.

A message from His Excellency the Governor (under the provisions of Section 8 of Article LXXXIX of the Amendments to the Constitution) recommending legislation relative to authorizing the Department of Conservation and Recreation and the Department of Fish and Game to acquire conservation restrictions in and to the lands of the town of Egremont (House, No. 4387) was filed in the office of the Clerk on Friday, December 12.
The message was read; and it was referred, under Rule 30, with the accompanying draft of a bill, to the committee on State Administration. Sent to the Senate for concurrence.

A message from His Excellency the Governor recommending legislation relative to extending the deadline for mailing quarterly tax bills (House, No. 4388) was filed in the office of the Clerk on Friday, December 12.
The message was read; and it was referred, under Rule 30, with the accompanying draft of a bill, to the committee on Taxation. Sent to the Senate for concurrence.

Resolutions.

The following resolutions (filed with the Clerk) were referred, under Rule 85, to the committee on Rules:
Resolutions (filed by Messrs. Ayers of Quincy and Driscoll of Braintree) congratulating Chief Robert D. Churchill on the occasion of his retirement from the Randolph Police Department;
Resolutions (filed by Messrs. O’Brien of Kingston and deMacedo of Plymouth) congratulating Edward M. Walsh, Jr. on receiving the Eagle Award of the Boy Scouts of America;
Resolutions (filed by Messrs. O’Brien of Kingston and deMacedo of Plymouth) congratulating Matthew R. Williams on receiving the Eagle Award of the Boy Scouts of America; and
Resolutions (filed by Mr. Peisch of Wellesley) congratulating Brian Francis Halpin on receiving the Eagle Award of the Boy Scouts of America;
Mr. Miceli of Wilmington, for the committee on Rules, reported, in each instance, that the resolutions ought to be adopted. Under suspension of the rules, in each instance, on motion of Mr. Donato of Medford, the resolutions (reported by the committee on Bills in the Third Reading to be correctly drawn) were considered forthwith; and they were adopted.

Communications.

The following communications were read for the information of the House:
Communications
From the Barnstable County Registry of Deeds (under Section KKK of Chapter 29 of the General Laws as inserted by Section 4 of Chapter 4 of the Acts of 2003) submitting an initial plan for technological improvements at said registry;
From the Executive Office of Transportation and Construction submitting a copy of a report relative to the Lynn-Boston commuter water survey; and
From the Massachusetts Association of Regional Transit Authorities (under the provisions of item 6005-0015 of Chapter 26 of the Acts of 2003) submitting a copy of its report relative to operations and funding for the Regional Transit Authorities;
Severally placed on file.

Annual and Quarterly Reports.

The annual report of the Commission on Judicial Conduct (under the provisions of Section 4 of Chapter 211C) for the year 2002; and
A quarterly report of the Massachusetts Bay Transportation Authority (under Section 17 of Chapter 125 of the Acts of 2000) on the pilot program for improvements on the Greenbush Commuter Line of the Old Colony Railroad Rehabilitation Project for the third quarter of 2003;
Severally were placed on file.

Petitions.

Petitions severally were presented and referred as follows:
By Mr. Kane of Holyoke, petition (accompanied by bill, House, No. 4391) of Michael F. Kane and Michael R. Knapik (with the approval of the mayor and city council) relative to the retirement of certain employees of the city of Holyoke. To the committee on Public Service.
By Mr. Golden of Lowell, petition (accompanied by bill, House, No. 4392) of Thomas A. Golden, Jr. and Steven C. Panagiotakos (with the approval of the mayor and city council) that the city of Lowell be authorized to grant a certain easement in park land in the city of Lowell to Mark Fisher and Cheryl Fisher. To the committee on Local Affairs and Regional Government.
Severally sent to the Senate for concurrence.

Petitions severally were presented and referred as follows:
By Mr. Dempsey of Haverhill, petition (subject to Joint Rule 12) of Brian S. Dempsey relative to the reinstatement of James G. Ward as a member in service of the state employees retirement system.
By the same member, petition (subject to Joint Rule 12) of Brian S. Dempsey and David M. Torrisi relative to the granting of creditable service for public retirement purposes to certain town managers and executive secretaries.
By Mr. Golden of Lowell, petition (subject to Joint Rule 12) of Thomas A. Golden, Jr. and other members of the General Court for legislation to further regulate estates of homestead of certain deceased persons.
By Mr. Hillman of Sturbridge, petition (subject to Joint Rule 12) of Reed V. Hillman that the Registrar of Motor Vehicles be authorized to issue certificates of registration for motorcycles and trailers for five years.
By the same member, petition (subject to Joint Rule 12) of Reed V. Hillman relative to the disposition of certain motor vehicles removed from accident scenes and placed in storage.
By Mr. Timilty of Milton, petition (subject to Joint Rule 12) of Walter F. Timilty for legislation to authorize the Division of Capital Asset Management and Maintenance to lease the Max Ulin Skating Rink located in the town of Milton.
By Mr. Torrisi of North Andover, petition (subject to Joint Rule 12) of David M. Torrisi and other members of the General Court that long-term care facilities be directed to notify the Department of Public Health of voluntary closures of such facilities.
By the same member, petition (subject to Joint Rule 12) of David M. Torrisi for legislation to further regulate the payment of real estate taxes in the cities and towns of the Commonwealth.
Severally, under Rule 24, to the committee on Rules.

Papers from the Senate.

A report of the committee on Education, Arts and Humanities, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 263) of Robert A. Havern for legislation relative to health insurance benefits for certain higher education employees, and recommending that the same be referred to the committee on Public Service,— accepted by the Senate, was considered forthwith, under Rule 42; and it was accepted, in concurrence.

A petition (accompanied by bill, Senate, No. 2171) of Stanley C. Rosenberg and Stephen Kulik for legislation relative to the classification of land in the town of Wendell, was referred, in concurrence, to the committee on Taxation.

Reports of Committees.

By Mr. Rogers of Norwood, for the committee on Ways and Means, that the Bill relative to the issuance of certain bonds by the city of Revere (Senate, No. 2057) ought to pass [Local Approval Received]. Referred, under Rule 7A, to the committee on Steering, Policy and Scheduling.
Mr. Kujawski of Webster, for said committee, reported that the matter be scheduled for consideration by the House, the question being on passing the bill to be engrossed.
Under suspension of Rule 7A, on motion of Mr. Donato of Medford, the bill was considered forthwith; and it was passed to be engrossed, in concurrence.

By Mr. Kujawski of Webster, for the committee on Steering, Policy and Scheduling, that the House Bill authorizing the town of Belmont to designate a checkoff on its tax bill for the town’s general fund (House, No. 3979) be scheduled for consideration by the House.
Under suspension of Rule 7A, on motion of Mrs. Paulsen of Belmont, the bill was read a second time forthwith; and it was ordered to a third reading.

By Mr. Kujawski of Webster, for the committee on Steering, Policy and Scheduling, that the House Bill relative to authorizing the modification of the form of property tax billing in the town of Belmont (House, No. 3981) be scheduled for consideration by the House.
Under suspension of Rule 7A, on motion of Mrs. Paulsen of Belmont, the bill was read a second time forthwith; and it was ordered to a third reading.

By Mr. Kujawski of Webster, for the committee on Steering, Policy and Scheduling, that the House Bill relative to public works functions in the town of Belmont (House, No. 4084) [Local Approval Received] be scheduled for consideration by the House.
Under suspension of Rule 7A, on motion of Mrs. Paulsen of Belmont, the bill was read a second time forthwith; and it was ordered to a third reading.

Orders of the Day.

House bills
Relative to the use of motorcyclist’s head gear in parades (House, No. 206, changed);
Relative to the pronouncement of death by a nurse practitioner (House, No. 1663) (its title having been changed by the committee on Bills in the Third Reading); and
Relative to preliminary elections in the town of Framingham (House, No. 4170);
Severally reported by the committee on Bills in the Third Reading to be correctly drawn, were read a third time; and they were passed to be engrossed. Severally sent to the Senate for concurrence.

The House Bill relative to criminal offender record information checks for assisted living employees (House, No. 1677), was read a third time.
The committee on Bills in the Third Reading reported recommending that the bill be amended by substitution of a bill with the same title (House, No. 4390), which was read.
The amendment was adopted; and the substituted bill was passed to be engrossed. Sent to the Senate for concurrence.

The Senate Bill relative to the Upper Blackstone Water Pollution Abatement District (Senate, No. 1989, amended) (its title having been changed by the committee on Bills in the Third Reading), reported by said committee to be correctly drawn, was read a third time.
Pending the question on passing the bill to be engrossed, in concurrence, Mr. Binienda of Worcester moved that it be amended by striking out all after the enacting clause and inserting in place thereof the text contained in House document numbered 4389; and by inserting before the enacting clause the following emergency preamble:
Whereas, The deferred operation of this act would tend to defeat its purpose, which is forthwith to allow the immediate commencement of certain improvements to the Upper Blackstone District Regional Wastewater Treatment Facilities therefore, it is hereby declared to be an emergency law, necessary for the immediate preservation of the public health and safety.”
The amendments were adopted; and the bill (Senate, No. 1989, amended) was passed to be engrossed, in concurrence. Sent to the Senate for concurrence in the amendments.

Order.

On motion of Mr. DiMasi of Boston,—
Ordered, That when the House adjourns today, it adjourn to meet on Thursday next at eleven o’clock A.M.

At twenty-six minutes after eleven o’clock A.M., on motion of Mr. Hynes of Marshfield (Mr. Correia of Fall River being in the Chair), the House adjourned, to meet on Thursday next at eleven o’clock A.M., in an Informal Session.