JOURNAL OF THE HOUSE.
Wednesday, January 8, 2003.
Met according to adjournment,
at one o’clock P.M., with Mr. O’Brien of Kingston 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:
God, Our Creator, at the
opening of today’s formal legislative session, we pause for a moment
of formal prayer and personal reflection as we recognize Your presence
in our midst. We depend upon Your guidance and the wisdom of following
Your ways in our effort to do what is right, honorable and relevant in
addressing today’s legislative and people needs. You have blessed
us and our land with an extraordinary array of rich material and human
resources. Teach us to use these gifts and blessings prudently so that
we all benefit from Your generosity. In these unusual times of possible
terroristic activities and armed conflicts help us to build trust and
confidence in You, each other and our institutions. If and when we disagree
in discussions, let it be on issues and principles. May the spirit of
the new year continue to fill our hearts and minds with good cheer and
good will towards all.
Grant Your blessings to the Speaker,
the members and employees of this House and their families. Amen.
At the request of the Chair
(Mr. O’Brien), the members, guests and employees joined with him
in reciting the pledge of allegiance to the flag.
Statement of Representative
Brown of Wrentham.
A statement of Mr. Brown
of Wrentham 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 illness. Any roll calls that I may miss today will be due
entirely to the reason stated.
Statement Concerning Representative
Correia of Fall River.
A statement of Mr. DiMasi
of Boston concerning Mr. Correia of Fall River 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 Correia of Fall River, will not be present
in the House Chamber for today’s sitting and tomorrow’s sitting
due to a family commitment. If he had been present for the vote on the
adoption of permanent House Rules he would have voted in the affirmative.
Any roll calls that he may miss today and tomorrow will be due entirely
to the reason stated.
Statement Concerning Representative
Gobi of Spencer.
A statement of Mr. DiMasi
of Boston concerning Ms. Gobi of Spenser 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 Gobi of Spencer, will not be present in
the House Chamber for today’s sitting and tomorrow’s sitting
due to legislative business outside the State House. Any roll calls that
she may miss today and tomorrow will be due entirely to the reason stated.
Statement
of Representative Straus of Mattapoisett.
A statement of Mr. Straus
of Mattapoisett 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 during
today’s sitting I was engaged in official business in the immediate
vicinity of the House Chamber, and inadvertently was not recorded on a
quorum roll call.
Statement Concerning Representative
Vallee of Franklin.
A statement of Mr. DiMasi
of Boston concerning Mr. Vallee of Franklin 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 Vallee of Franklin, will not be present
in the House Chamber for today’s sitting due to his being called
to active military duty. Any roll calls that he may miss today and until
his return from active duty will be due entirely to the reason stated.
Statement
Concerning Representative Verga of Gloucester.
A statement of Mr. DiMasi
of Boston concerning Mr. Verga of Gloucester 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 Verga of Gloucester, will not be present
in the House Chamber for today’s sitting due to illness. Any roll
calls that he may miss today will be due entirely to the reason stated.
Resolutions.
The following resolutions
(filed with the Clerk) were considered forthwith, under suspension of
the rules, in each instance on motion of Ms. Rogeness of Longmeadow; and
they were adopted, as follows:
Resolutions (filed by Representatives
Poirier of North Attleborough, Coppola of Foxborough and Kafka of Sharon)
congratulating Holly Holt on receiving the Girl Scouts of America’s
Gold Award;
Resolutions (filed by Mrs.
Pope of Wayland) commemorating the 2003 United Curling Association Junior
National Championships at Broomstones Curling Club in Wayland, Massachusetts;
and
Resolutions (filed by Mr.
Vallee of Franklin) congratulating Timothy Dumas on receiving the
Eagle Award of the Boy Scouts of America;
Recess.
At eleven minutes after
one o’clock P.M., on motion of Mr. Lepper of
Attleboro (Mr. O’Brien of Kingston being in the Chair), the House
recessed until half past one o’clock P.M.; and at twenty-three minutes
before two o’clock the House was called to order with Mr. Sullivan
of Braintree in the Chair.
Orders of the Day.
The House Order relative
to the adoption of permanent rules for the House of Representatives for
the years 2003-2004 (House, No. 2003) was considered.
Pending the question on
adoption of the order, Mr. Jones of North Reading moved that further consideration
thereof be postponed until Wednesday, January 15, 2003, and specially
assigned to the hour of one o’clock P.M.
After remarks on the question
on the motion to postpone, the same member asked for a count of the House
to ascertain if a quorum was present. The Chair (Mr. Sullivan of Braintree),
having determined that a quorum was not in attendance, then directed the
Sergeant-at-Arms to secure the presence of a quorum.
Subsequently a roll call
was taken for the purpose of ascertaining the presence of a quorum; and
on the roll call 151 members were recorded as being in attendance.
Therefore a quorum was present.
After debate on the motion
to postpone, the sense of the House was taken by yeas and nays, at the
request of Mr. Lepper of Attleboro; and on the roll call 45 members voted
in the affirmative and 107 in the negative.
Therefore the motion to
postpone was negatived.
Subsequently a statement
of Mr. Flynn of Bridgewater was spread upon the records of the House,
as follows:
MR. SPEAKER:
During the taking of the above yeas and nays, I was present in the House
Chamber and voted in the negative. Nevertheless I now find that due to
an error in the electronic voting machine, I was recorded as having voted
in the affirmative. Had the voting machine been in proper working order,
I would have been recorded in the negative.
Mr. Jones of North Reading
and other members of the House then moved that the order be amended in
proposed Rule 1A, in line 6, by striking out the words “a majority”
and inserting in place thereof the words “at least two-thirds”;
and after debate the amendment was rejected.
The same members then moved
that the order be amended in proposed Rule
7A, in line 20, by inserting after the word “Day” the following
sentence “All reports by the Committee shall be read and considered
by the House at a formal or informal session before being accepted, rejected
or otherwise acted upon.”.
After debate on the question
on adoption of the amendment, the sense of the House was taken by yeas
and nays, at the request of Mr. Jones of North Reading; and on the roll
call 41 members voted in the affirmative and 111 in the negative.
Therefore the amendment
was rejected.
Subsequently a statement
of Mrs. Simmons of Leominster was spread upon the records of the House,
as follows:
MR. SPEAKER:
During the taking of the above yeas and nays, it was my desire to be recorded,
under Rule 49, in the negative. Nevertheless I now find that due to an
error, I was recorded as having voted in the affirmative.
Mr. Jones of North Reading
and other members of the House then moved that the order be amended in
proposed Rule 7B in line 8 by striking out the words “two-thirds”
and inserting in place thereof the word “majority”.
After debate on the question
on adoption of the amendment, the sense of the House was taken by yeas
and nays, at the request of Mr. Jones and on the roll call 44 members
voted in the affirmative and 108 in the negative.
Therefore the amendment
was rejected.
The same members then moved
that the order be amended in proposed Rule 12, in line 21, by inserting
after the word “House” the following paragraph:
“As soon as practicable
whenever the Clerk prints a Calendar or advance Calendar under this rule,
he also shall cause a true copy thereof to be saved on a portion of the
House Computer Network that is generally available by all members and
their staff, and reasonably promptly thereafter he shall cause the members
and their staff to be notified of the same by way of electronic mail.”
The amendment was adopted.
Mr. Jones of North Reading
and other members of the House then moved that the order be amended in
by inserting after proposed Rule 16A the following rule:
“16B. The Committee
on Personnel and Administration shall develop and conduct an ethics law
training program to be offered to every member of the House and all House
staff personnel biannually, commencing on January 1, 2005.”.
The amendment was adopted.
The same members then moved
that the order be amended in proposed Rule 17, in line 23, by striking
out the words “insofar as practicable”; and in lines
24 and 25 by inserting after the word “Representatives” the
words “unless the chair submits to the Clerk a written description
of the emergency, as defined by 17A, that necessitates such a scheduling
and the Clerk makes said description available to the members.”.
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. Jones; and on the roll call 28 members
voted in the affirmative and 123 in the negative.
Therefore the amendments
were rejected.
Mr. Jones of North Reading
and other members of the House then moved that the order be amended in
proposed Rule 17A, in line 91, by inserting after the word “Office”
the words “and at such time as is feasible, as determined by the
Clerk, the Legislative Web Page”; the amendment was adopted.
The same members then moved
that the order be amended in proposed Rule 17A, in line 96, by inserting
after the word “committee” the following sentence: “No
bill shall be taken up for consideration or vote by committee unless it
is included in such notice.”; and in line 99 by inserting after
the word “public” the following sentence: “The provisions
of this paragraph shall not be suspended unless by unanimous consent of
the members present and voting.”
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. Jones; and on the roll call 22 members
voted in the affirmative and 130 in the negative.
Therefore the amendments
were rejected.
Recess.
At eighteen minutes before
five o’clock P.M. (Wednesday, January 8), on motion of
Mr. Jones of North Reading (the Speaker being in the Chair), the House
recessed until one o’clock P.M. on Thursday, January 9.
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