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.