JOURNAL OF THE HOUSE.
Wednesday, January 2, 2002.
 
 

The second annual session of the one hundred and eighty-second General Court of the Commonwealth of Massachusetts convened at the State House in Boston on the first Wednesday of January, being the second day thereof, in the year of Our Lord two thousand two and of the independence of the United States of America the two hundred and twenty-sixth.

And the members of the House of Representatives, having assembled in the Representatives’ Chamber, were called to order at eleven o’clock A.M. by Speaker Thomas M. Finneran of Boston.

Prayer was offered by the Reverend Robert F. Quinn, C.S.P., Chaplain of the House of Representatives during the sessions of 1983 to 2001, inclusive, as follows:

At the beginning of a new year and the second year of the 182nd General Court, we bow our heads in prayer and ask for Your guidance and direction God, Our Creator, in legislative matters today and in the months ahead. The new year offers us a good opportunity to evaluate objectively current legislative and social issues, to develop a new vision for the future, to utilize wisely our human and material capital and to appreciate the importance of human and spiritual values in daily living may we, as a nation and a Commonwealth, renew our trust in You and our commitment to You and Your ways as we face the challenge of this uncertain and changing world and country. Inspire us to recognize the common good of people and society as we struggle with the demands and expectations of the electorate in building a better country.

Grant Your blessings to the Speaker, the members and employees of this House and their families. Amen.

At the request of the Speaker, the members, guests and employees joined with him in reciting the pledge of allegiance to the flag.

Notices of the Convening of the General Court.

On motion of Mr. DiMasi of Boston,—

Ordered, That a special committee be appointed to notify the Senate that the House has been called to order and is ready to proceed to business.

Representatives Fagan of Taunton, Goguen of Fitchburg, Tirone of Amesbury, Naughton of Clinton, Verga of Gloucester, O’Brien of Kingston, Linsky of Natick and Hynes of Marshfield were appointed the committee.

Subsequently Mr. Fagan, for the committee, reported that they had attended to the duty assigned to them.

A message was received from the Senate, by a special committee thereof, announcing that that branch had convened and was ready to proceed to business.

Paper from the Senate.

The following order was adopted, in concurrence:

Ordered, That a committee of members of the Senate and the House of Representatives be appointed to wait upon Her Honor the Lieutenant-Governor, Acting Governor, and the Honorable Council and inform them that the two branches of the General Court are now assembled and ready to proceed to business.

Senators Joyce, Antonioni, Tisei, Tarr, Tolman, O’Leary and Melconian, having been appointed to serve on the part of the Senate, Representatives Miceli of Wilmington, Ruane of Salem, Swan of Springfield, Jehlen of Somerville, Wolf of Cambridge, Teahan of Whitman, Flavin of Easthampton, Harkins of Needham, Rogers of New Bedford, Balser of Newton, Sullivan of Fall River and Gobi of Spencer were joined on the part of the House.

Subsequently Mr. Miceli, for the committee, reported that they had attended to the duty assigned to them.

Message from the Acting Governor — Veto.

A message from Her Honor the Lieutenant-Governor, Acting Governor, returning with her objections thereto in writing the engrossed Bill providing for civil service commission review of state police disciplinary proceedings [see House, No. 1808] (for message, see House, No. 4834) was filed in the Office of the Clerk on Monday, December 31.

The message was read; and, under the provisions of Article II of Section I of Chapter I of the Constitution, the House proceeded to “reconsider” the said bill.

Pending the question on passing the bill, notwithstanding the said objections, it was placed in the Orders of the Day, under the provisions of House Rule 12.

Statement Concerning Representative Flynn of Bridgewater.

A statement of Mr. DiMasi of Boston concerning Mr. Flynn of Bridgewater was spread upon the records of the House, as follows:

MR. SPEAKER: I would like to call to the attention of the House the fact that one of our colleagues, Representative Flynn of Bridgewater, will not be present in the House Chamber for today’s sitting due to a previously scheduled speaking engagement with the Massachusetts Police Chief’s Association. Any roll calls that he may miss today will be due entirely to the reason stated.

Statement Concerning Representative Hahn of Westfield.

A statement of Mr. Marini of Boston concerning Mrs. Hahn of Westfield was spread upon the records of the House, as follows:

MR. SPEAKER: I would like to call to the attention of the House the fact that one of our colleagues, Representative Hahn of Westfield, will not be present in the House Chamber for today’s sitting due to personal business outside of the country. Any roll calls that she may miss today will be due entirely to the reason stated.

Statement of Representative Kaprielian of Watertown.

A statement of Ms. Kaprielian of Watertown was spread upon the records of the House, as follows:

MR. SPEAKER: I would like to call to the attention of the House the fact that I was unable to be present in the House Chamber for a portion of today’s sitting due to personal business outside of the State House. Any roll calls that I may have missed today is due entirely to the reason stated.

Statement of Representative Kaufman of Lexington.

A statement of Mr. Kaufman of Lexington was spread upon the records of the House, as follows:

MR. SPEAKER: I would like to call to the attention of the House the fact that I will be unable to be present in the House Chamber for the remainder of today’s sitting due to my attendance at a conference outside of the Commonwealth. Any roll calls that I may miss today is due entirely to the reason stated.

Statement Concerning Representative Travis of Rehoboth.

A statement of Mr. DiMasi of Boston concerning Mr. Travis of Rehoboth was spread upon the records of the House, as follows:

MR. SPEAKER: I would like to call to the attention of the House the fact that one of our colleagues, Representative Travis of Rehoboth, will not be present in the House Chamber for today’s sitting due to personal business outside of the Commonwealth. Any roll calls that he may miss today will be due entirely to the reason stated.

Orders.

On motion of Mrs. Harkins of Needham,—

Ordered, That the Clerk begin the daily printing of the Journal, as authorized by Rule 10, and that the daily reading thereof be dispensed with, that, under authority of Section 10 of Chapter 5 of the General Laws, copies of the Journal for the entire session be printed and bound with the customary appendices and an index; and that an attested bound copy be deposited with the Secretary of the Commonwealth as the official Journal of the House.

On motion of Mr. DiMasi of Boston,—

Ordered, That, notwithstanding the provisions of any rule to the contrary, the House membership of all committees of the General Court for the year two thousand two shall be the same as at the time of dissolution of the two thousand one session of the General Court.

 

On motion of Mrs. Harkins of Needham,—

Ordered, That the Clerk be directed to spread upon the records of the House the daily prayers offered by the duly appointed Chaplain.

Annual Report.

Printed abstract of the annual report of the Comptroller (under Section 12 of Chapter 7A of the General Laws) exhibiting a statement of the financial condition and transactions of the Commonwealth for the fiscal year ending June 30, 2001 (House, No. 500A), was referred to the committee on Ways and Means.

Petition.

Mr. Stanley of Waltham presented a petition (accompanied by bill, House, No. 4833) of Thomas M. Stanley and others (with the approval of the mayor and city council) that the city of Waltham be authorized to continue the use of certain park land for water purposes; and the same was referred to the committee on Local Affairs. Sent to the Senate for concurrence.

Papers from the Senate.

A report of the committee on Taxation, recommending that the twenty-fourth annual report of the Massachusetts Capital Resource Company (under the provisions of Section 20 of Chapter 816 of the Acts of 1977) (Senate, No. 1825) be placed on file, was considered forthwith, under Rule 42; and it was accepted, in concurrence.

A petition of Andrea F. Nuciforo, Jr. and Christopher J. Hodgkins for legislation to authorize the Division of Capital Asset Management and Maintenance to convey certain land in the town of Lenox for natural resources purposes, came from the Senate referred, under suspension of Joint Rule 12, to the committee on State Administration.

The House then concurred with the Senate in the suspension of said rule; and the petition (accompanied by bill, Senate, No. 2215) was referred, in concurrence, to the committee on State Administration.

Reports of Committees.

By Mr. Scaccia of Boston, for the committee on Rules and the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the following petitions:

Petition (accompanied by bill) of Mary S. Rogeness and Stephen M. Brewer relative to requiring the Hampden County Regional Retirement Board to provide accidental death benefits to Diane Miller-Goodrich, surviving spouse of James S. Miller. To the committee on Public Service.

Petition (accompanied by bill) of Paul J. P. Loscocco and other members of the General Court relative to the establishment of an advisory committee to make recommendations regarding the financial obligations of the Turnpike Authority and the Central Artery Project;

Petition (accompanied by bill) of Paul J. P. Loscocco and other members of the House relative to the financing of operating expenses of the Central Artery Project;

Petition (accompanied by bill) of Paul J. P. Loscocco and other members of the General Court relative to the tolls on the metropolitan highway system;

Petition (accompanied by bill) of Paul J. P. Loscocco and other members of the House relative to the financing of the surface artery;

Petition (accompanied by bill) of Paul J. P. Loscocco and other members of the House relative to the financing of the metropolitan highway system;

Petition (accompanied by bill) of Paul J. P. Loscocco and other members of the General Court relative to the transfer of a portion of the Massachusetts Turnpike and the financing of the Metropolitan Highway System.;

Petition (accompanied by bill) of Paul J. P. Loscocco and other members of the House relative to the enabling act of the turnpike authority; and

Petition (accompanied by bill) of Paul J. P. Loscocco and other members of the House relative to the repeal of the local tourism grant program of the Massachusetts Turnpike Authority;

Severally to the committee on Transportation.

Under suspension of the rules, on motion of Mr. Loscocco of Holliston, the reports were considered forthwith. Joint Rule 12 then was suspended, in each instance. Severally sent to the Senate for concurrence.

By Mr. Kujawski of Webster, for the committee on Steering, Policy and Scheduling, asking to be discharged from further consideration of the Bill authorizing the Board of Registration of Dieticians and Nutritionists to issue a certain license (Senate, No. 2130),— and recommending that the same be referred to the committee on Rules. Under Rule 42, the report was considered forthwith; and it was accepted.

By Mr. Kujawski of Webster, for the committee on Steering, Policy and Scheduling, that the House Bill relative to the charter of the town of Reading (House, No. 4776) [Local Approval Received] be scheduled for consideration by the House.

Under suspension of Rule 7A, on motion of Mr. Jones of North Reading, 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 following matters be scheduled for consideration by the House:

House bills

Relative to fees of justices of the peace (House, No. 2745, changed); and

Authorizing the town of Bellingham to establish a tax stabilization fund (House, No. 4732) [Local Approval Received];

Severally placed in the Orders of the Day for the next sitting for a second reading.

Engrossed Bill.

The engrossed Bill returning tax title properties to productive use (see House, No. 4726, amended) (which originated in the House), having been certified by the Clerk to be rightly and truly prepared for final passage, was passed to be enacted; and it was signed by the Speaker and sent to the Senate.

Orders of the Day.

Senate bills

Designating natural heritage functions of the Department of Fisheries, Wildlife and Environmental Law Enforcement (Senate, No. 1112, amended);

To enhance procurement expertise (Senate, No. 1574);

Relative to the Development and Industrial Commission of the town of Oxford (Senate, No. 2135); and

Establishing an elected water and sewer commission in the town of Charlton (Senate, No. 2138); and

House bills

Relative to betterment assessments for sewerage facilities in the town of Millbury (House, No. 1507);

To deter unlicensed practice of engineering and land surveying (House, No. 2894);

Relative to the underground cable reimbursement schedule (House, No. 4074);

Transferring certain administrative responsibilities to the chief of the Sandwich Police Department (House, No. 4693);

Authorizing the town of Braintree to convey a certain parcel of town forest land (House, No. 4729);

Relative to elections in the town of Huntington (House, No. 4741, changed);

Providing for recall elections in the town of Huntington (House, No. 4742);

Establishing a sick leave bank for Mary O’Neil, an employee of the Department of Correction (House, No. 4746);

Designating a certain traffic island in the town of Dracut as the Captain John Ogonowski Memorial Island (House, No. 4749);

Establishing a sick leave bank for Maureen Craucher, an employee of the Probate and Family Court of the Commonwealth (House, No. 4750); and

Authorizing the town of Mendon to charge seniors a reduced trash fee (House, No. 4757);

Severally were read a second time; and they were ordered to a third reading.

Recess.

At thirteen minutes before twelve o’clock noon, on motion of Mr. Peterson of Grafton, the House recessed until one o’clock P.M.; and at ten minutes after one o’clock the House was called to order with the Speaker in the Chair.

Engrossed Bills — Land Takings.

The engrossed Bill authorizing the town of Milton to transfer land to the Milton school department (see Senate, No. 2098) (which originated in the Senate), having been certified by the Clerk to be rightly and truly prepared for final passage, was put upon its final passage.

On the question on passing the bill to be enacted, the sense of the House was taken by yeas and nays (this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution); and on the roll call 147 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 222 in Supplement.]

Therefore the bill was passed to be enacted; and it was signed by the Speaker and sent to the Senate.

The engrossed Bill authorizing the town of Norwood to use certain conservation land for roadway and bridge purposes (see House, No. 4091) (which originated in the House), having been certified by the Clerk to be rightly and truly prepared for final passage, was put upon its final passage.

On the question on passing the bill to be enacted, the sense of the House was taken by yeas and nays (this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution); and on the roll call 148 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 223 in Supplement.]

Therefore the bill was passed to be enacted; and it was signed by the Speaker and sent to the Senate.

Orders of the Day.

The House Bill relative to the division of the state into Congressional districts (printed in House, No. 4778, Appendix A) was read a second time.

After debate on the question on ordering the bill to a third reading (Ms. Flavin of Easthampton being in the Chair), Mr. Hargraves of Groton moved that it be amended in lines 10 to 24, inclusive, by striking out the paragraph contained therein and inserting in place thereof the following paragraph:

First Congressional District — Consisting of the cities and towns in Berkshire and Franklin counties; the cities of Holyoke and Westfield and the towns of Blandford, Chester, Granville, Montgomery, Russell, Southwick, Tolland, and West Springfield, all in the county of Hampden; the towns of Amherst, Belchertown, Chesterfield, Cummington, Easthampton, Goshen, Granby, Hatfield, Huntington, Middlefield, Pelham, Plainfield, Southampton, Ware, Westhampton, Williamsburg, and Worthington, all in the county of Hampshire; the towns of Ashby, Shirley and Townsend, all in the county of Middlesex; the cities of Fitchburg, Gardner, and Leominster, and the towns of Ashburnham, Athol, Barre, Hardwick, Harvard, Hubbardston, Lunenburg, New Braintree, Oakham, Petersham, Phillipston, Royalston, Rutland, Templeton, West Brookfield, Westminster, and Winchendon, all in the county of Worcester.”; in lines 37 to 48, inclusive, by striking out the paragraph contained therein and inserting in place thereof the following paragraph:

Third Congressional District — Consisting of the cities of Attleboro and Fall River, Wards 1 to 3, inclusive, Ward 4, precincts A and B, Ward 5, precincts A and B, Ward 6, precincts B and C, and Ward 8, precinct D, and the towns of North Attleborough, Rehoboth, Seekonk, Somerset, and Swansea, all in the county of Bristol; the city of Marlborough and the towns of Ashland, Holliston, and Hopkinton, all in the county of Middlesex; the towns of Franklin, Medway, Plainville, and Wrentham, all in the county of Norfolk; and the city of Worcester and towns of Auburn, Boylston, Clinton, Holden, Northborough, Paxton, Princeton, Shrewsbury, Southborough, Sterling, West Boylston, and Westborough, all in the county of Worcester.”; and by striking out the paragraph contained in lines 60 to 68, inclusive, and inserting in place thereof the following paragraph:

Fifth Congressional District — Consisting of the cities of Haverhill and Lawrence, and the towns of Andover and Methuen, all in the county of Essex; the city of Lowell, and the towns of Acton, Ayer, Billerica, Boxborough, Carlisle, Chelmsford, Concord, Dracut, Dunstable, Groton, Hudson, Littleton, Maynard, Pepperell, Stow, Sudbury, Tewksbury, Tyngsborough, Wayland, precincts 1, 3, and 4, and Westford, all in the county of Middlesex; the towns of Berlin, Bolton, and Lancaster, all in the county of Worcester.”.

After debate on the question on adoption of the amendments, the sense of the House was taken by yeas and nays, at the request of Mr. Hargraves; and on the roll call 21 members voted in the affirmative and 127 in the negative.

[See Yea and Nay No. 224 in Supplement.]

Therefore the amendments were rejected.

Mr. Petrolati of Ludlow then moved that the bill be amended by adding at the end thereof the following section:

“SECTION 2. The supreme judicial court shall have jurisdiction of any civil action relative to the establishment of congressional districts under section 1. The complaint in any such action shall be filed in said court within 10 days after the effective date of this act.”; 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 to provide forthwith for a new division of the commonwealth into congressional districts, therefore it is hereby declared to be an emergency law, necessary of the immediate preservation of the public convenience.”.

The amendments were adopted.

Mr. Marini of Hanson and other members of the House then moved that the bill be amended by substitution of a Bill relative to establishing Congressional districts, which was read.

After debate on the question on adoption of the amendment (Mr. DiMasi of Boston being in the Chair), the sense of the House was taken by yeas and nays, at the request of Mr. Marini; and on the roll call 26 members voted in the affirmative and 122 in the negative.

[See Yea and Nay No. 225 in Supplement.]

Therefore the amendment was rejected.

Subsequently a statement of Mr. Sullivan of Braintree was spread upon the records of the House, as follows:

MR. SPEAKER: I would like to call to the attention of the House the fact that, due to a malfunction in the electronic voting machine, on the previous vote I was recorded as having voted in the affirmative. Had the machine been operating properly, I would have been recorded as having voted in the negative.

Mr. Marini of Hanson and other members of the House then moved that the bill be amended in section 1, in line 19, by striking out the word “Hampshire” and inserting in place thereof the word “Middlesex”. After remarks the amendment was adopted.

On the question on ordering the bill, as amended, to a third reading, the sense of the House was taken by yeas and nays, at the request of Mr. Petrolati of Ludlow; and on the roll call 122 members voted in the affirmative and 26 in the negative.

[See Yea and Nay No. 226 in Supplement.]

Therefore the bill (printed in House, No. 4778, Appendix A, amended) was ordered to a third reading.

The House Bill relative to assistant town clerks in certain towns (House, No. 3151), reported by the committee on Bills in the Third Reading to be correctly drawn, was read a third time.

Pending the question on passing the bill to be engrossed, further consideration thereof was postponed, on motion of Mr. Marini of Hanson, until after disposition of the remaining matters in the Orders of the Day.

House bills

Relative to child passenger safety (House, No. 4199);

Providing visitation rights for great grandparents (House, No. 485);

Relative to minority business enterprises (House, No. 1909);

To require certification of the authority of public officials to bind cities and towns by contract (House, No. 2429);

Relative to the metropolitan park system (House, No. 3321);

Relative to the open meeting law (House, No. 3827);

To improve the stabilization fund of the Commonwealth (House, No. 4434); and

Regarding conservation commission consultant fees (House, No. 196);

Severally were considered.

Pending the question, in each instance, on ordering the bill to a third reading, further consideration thereof was postponed, on motions of Mr. DeLeo of Winthrop, until after disposition of the remaining matters in the Orders of the Day.

The House Bill authorizing conservation commissions to impose fees for the employment of outside consultants (House, No. 2944, changed) was considered.

Pending the question on ordering the bill to a third reading, further consideration thereof was postponed, on motion of Mr. Marini of Hanson, until after disposition of the remaining matters in the Orders of the Day.

House bills

Relative to criminal offender record information checks for assisted living employees (House, No. 2313);

Relative to records open to public inspection (House, No. 3189); and

Relative to state highway Route 6A (House, No. 2629);

Severally were read a second time.

Pending the question, in each instance, on ordering the bill to a third reading, further consideration thereof was postponed, on motions of Mr. Marini of Hanson, until after disposition of the remaining matters in the Orders of the Day.

The House Bill providing for increased organ donations through education and access (House, No. 4238, amended) was read a second time.

Pending the question on adoption of the amendments previously recommended by the Ways and Means committee ,— that the bill be amended in section 1 by striking out the sentence contained in lines 4 to 9, inclusive, and inserting in place thereof the following sentence: “The registrar shall provide to those persons licensed to operate a motor vehicle under this chapter who have signified their intention to make an anatomical gift under the provisions of chapter 113 access to information on federally designated organ procurement organizations so as to facilitate the level of communication between and reciprocal knowledge of said persons and said organizations on the issue of organ donation.”, by striking out in lines 9 and 10 the words “mutually agreeable format” and inserting in place thereof the following “a manner and form to be determined by the registration following consultation with federally designated organ procurement organizations”; in section 2, in line 6, by inserting after the word “available” the words “to said clients”,— and the main question on ordering the bill to a third reading, further consideration thereof was postponed, on motion of Mr. Marini of Hanson, until after disposition of the remaining matters in the Orders of the Day.

The House Bill relating to exemptions for property tax and motor vehicle excise for veterans and others (House, No. 197); and

The Senate Bill relative to the safety of certain Massachusetts Bay Transportation Authority employees (Senate, No. 2149); and

The House Bill clarifying the jurisdiction of the Energy Facilities Siting Board (House, No. 55, changed);

Severally were read a second time.

Pending the question, in each instance, on ordering the bill to a third reading, further consideration thereof was postponed, on motions of Mr. Marini of Hanson, until after disposition of the remaining matters in the Orders of the Day.

The House Bill relative to police mutual aid agreements (House, No. 1269) was considered.

Pending the question on adoption of the amendment previously recommended by the committee on Public Safety,— that the Bill be amended by substitution of a bill with the same title (House, No. 4768),— and the main question on ordering the bill to a third reading, further consideration thereof was postponed, on motion of Mr. Marini of Hanson, until after disposition of the remaining matters in the Orders of the Day.

Senate bills

Relative to contracts between court reporters and an attorney, party or party having a financial interest in an action (Senate, No. 978);

Relative to defining principal’s contracts (Senate, No. 2079, amended); and

Relative to fraudulent insurance claims (Senate, No. 2096); and

House bills

To further allow group life and health insurance (printed as Senate, No. 748);

Relative to bond requirements (House, No. 949); and

Relative to the reselling of tickets (House, No. 998);

Severally were read a second time.

Pending the question, in each instance, on ordering the bill to a third reading, further consideration thereof was postponed, on motions of Mr. Marini of Hanson, until after disposition of the remaining matters in the Orders of the Day.

The House Bill authorizing the conveyance of certain property in the city of Boston (House, No. 3630) was read a second time.

Pending the question on adoption of the amendments previously recommended by the committee on Ways and Means,— that the bill be amended by in section 2, in line 4, by striking out the word “encourage” and inserting in place thereof the word “recommend”, in lines 4 and 5, by inserting after the words “industrial/manufacturing” the word “commercial”, in line 6, by striking out the word “encourage” and inserting in place thereof the word “recommend”, and in line 11, by striking out the words “encourage developers to” and inserting in place thereof the words “recommend that developers”,— and the main question on ordering the bill to a third reading, further consideration thereof was postponed, on motion of Mr. Marini of Hanson, until after disposition of the remaining matters in the Orders of the Day.

House bills

Relative to the board of licensing commissioners in the city of Springfield (House, No. 4743); and

Providing real estate tax exemptions for the spouses of deceased veterans (House, No. 4769);

Severally were read a second time.

Pending the question, in each instance, on ordering the bill to a third reading, further consideration thereof was postponed, on motions of Mr. Marini of Hanson, until after disposition of the remaining matters in the Orders of the Day.

House bills

Relative to group marketing plans (House, No. 4796); and

Protecting a minor’s identity (House, No. 4798);

Severally were read a second time; and they were ordered to a third reading.

Order.

On motion of Mr. Finneran of Boston,—

Ordered, That when the House adjourns today, it adjourn to meet tomorrow at eleven o’clock A.M.

Accordingly, without further consideration of the remaining matters in the Orders of the Day, at a quarter after three o’clock P.M., on motion of Mr. Petrolati of Ludlow (Mr. DiMasi of Boston being in the Chair), the House adjourned, to meet tomorrow at eleven o’clock A.M.