JOURNAL OF THE HOUSE.
Wednesday, January 22, 2003.
 
 
Met according to adjournment, at one o’clock P.M., with Mr. Petrolati of Ludlow 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:
Holy Spirit of God, we pause for a moment of prayer and reflection to consider our personal relationship to and our dependence upon You. During this era of possible armed conflict abroad and terrorist activities at home, we place our hope for peace in You. Your gift of spiritual hope is a unique way of viewing events and our world which You have created for our benefit. Inspire us to use our human and material resources in a mature and rational manner. In our complicated political world and even in our diverse communities, teach us to recognize the dignity of each person whom You have created. For each person has been endowed by You with a free will, an intellect and an eternal destiny. Help us as legislators to unite all people in pursuing goals and priorities which strengthen our communities and assist people in achieving a successful and happy life.
Grant Your blessing on the Speaker, the members and employees of this House and their families. Amen.
At the request of the Chair (Mr. Petrolati), the members, guests and employees joined with him in reciting the pledge of allegiance to the flag.

Statement Concerning Representative George of Yarmouth.

A statement of Mr. Jones of North Reading concerning Mr. George of Yarmouth 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 George of Yarmouth, 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.

Statement of Representative Humason of Westfield.

A statement of Mr. Humason 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 I was unable to be present in the House Chamber for a portion of today’s sitting due to official business in another part of the State House; and was not notified that a quorum roll call was in progress. The quorum roll call that I missed today is due entirely to the reason stated.

Statement Concerning Representative Kujawski of Webster.

A statement of Mr. DiMasi of Boston concerning Mr. Kujawski of Webster 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 Kujawski of Webster, will not be present in the House Chamber for today’s sitting due to family medical reasons. Any roll calls that he may miss today will be due entirely to the reason stated.

Statement Concerning Representative Spilka of Ashland.

A statement of Mr. DiMasi of Boston concerning Ms. Spilka of Ashland 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 Spilka of Ashland, will not be present in the House Chamber for today’s sitting due to a family medical emergency. Any roll calls that she may miss today will be due entirely to the reason stated.

Statement of Representative Teahan of Whitman.

A statement of Mrs. Teahan of Whitman 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 Representative Blumer of Framingham and I were not present in the House Chamber for a portion of today’s sitting because we were on official business in another part of the State House; and were not notified that a quorum roll call was in progress. The quorum roll call that we missed today is due entirely to the reason stated.

Order.

On motion of Mr. Rogers of Norwood,—
Ordered, That, notwithstanding the provisions of the rules, the Speaker shall assign a court officer to cast the votes, except for quorum roll calls, of Representatives Rogers of Norwood and deMacedo of Plymouth for today’s sitting, while said members are absent from the House Chamber conducting a consensus revenue hearing for Fiscal Year 2004.

Paper from the Senate.

A Bill relative to the office of the District Attorney for the Eastern District (Senate, No. 1925) (on Senate bill, No. 1922), passed to be engrossed by the Senate, was read.
Under suspension of the rules, on motion of Mr. Rogers of Norwood, the bill was read a second time forthwith; and it was ordered to a third reading.

Quorum.

Mr. Peterson of Grafton asked for a count of the House to ascertain if a quorum was present. The Chair (Mr. Petrolati of Ludlow), 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 139 members were recorded as being in attendance.

Therefore a quorum was present.

Orders of the Day.

The House Order relative to the adoption of permanent Joint Rules 10, 11B, 12, 12A and 26A for the 2003-2004 General Court (House, No. 2005) was considered.
After remarks on the question on adoption of the order, Mr. Jones of North Reading and other members of the House moved that it be amended by striking out proposed Rule 10 and inserting in place thereof the following:
“10. All joint committees and the committees on Rules of the two branches, acting concurrently, shall make final report on all matters referred to them according to the following schedule: (1) for all matters filed with either Clerk pursuant to the first sentence of Joint Rule 12, reports must be made before the second Wednesday in January of the second annual session; (2) for all matters filed with either Clerk after the time designated in the first sentence of Joint Rule 12 but before five o’clock on the second Wednesday in March of the second annual session, reports must be made before the second Wednesday in April of the second annual session; and (3) for all matters filed with either Clerk after five o’clock on the second Wednesday in March of the second annual session, reports must be made within thirty days of the date such matter was referred to the committee. When the time within which said committees are required to report has expired, all matters upon which no report has been made shall forthwith be reported by the chairman of the committee on the part of the branch in which they were respectively introduced, with an adverse recommendation under this rule. If the chairman fails to make such report by the end of the legislative day next following the expiration date, all matters remaining unreported shall be placed in the Orders of the Day by the Clerk of the branch in which the matter was originally filed with an adverse report under this rule. Matters which have been referred under the provisions of Joint Rule 29, upon which the chairmen of the committees on Rules fail to make a report, shall be placed by the respective Clerk in the Orders of the Day of the branch in which the subject matter was referred to said committees. Committees to whom are referred subjects of legislation may combine petitions of similar subject matter, or other forms of legislation of similar subject matter, into one adverse report, and the report thereon shall be that said petitions and other forms of legislation “ought NOT to pass”, and if the report is accepted, all the matters contained therein shall be disposed of. However, petitions upon which an adverse report is accepted in only one branch, may not be combined with other subjects of legislation upon which adverse reports must be accepted, in concurrence. The provisions of this rule shall not apply to petitions referred to the committees on Rules of the two branches, acting concurrently, under the provisions of the second paragraph of Joint Rule 12. This rule shall not be rescinded, amended or suspended, except by a concurrent vote of four-fifths of the members of each branch present and voting thereon. Notwithstanding the provisions of Joint Rule 30, this rule shall not be rescinded, amended or suspended more than three times except by unanimous consent.”.
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 35 members voted in the affirmative and 116 in the negative.

Therefore the amendment was rejected.
Mr. Jones of North Reading and other members of the House then moved that the order be amended by striking out proposed Joint Rule 12 and inserting in place thereof the following:
“12. Resolutions intended for adoption by both branches of the General Court, petitions, and all other subjects of legislation, shall be deposited with the Clerk of either branch prior to five o’clock in the afternoon on the first Wednesday in December preceding the first annual session of the General Court. If deposited with the respective Clerks subsequent to five o’clock on the first Wednesday of December preceding the first annual session of the General Court, such matters shall be referred by the Clerks to the committees on Rules of the two branches, acting concurrently. [A]No such matter shall be admitted for consideration except on report of the committees on Rules of the two branches, acting concurrently, and then upon approval of two-thirds of the members of each branch voting thereon. Matters upon which suspension of Joint Rule 12 has been negatived shall be placed on file.
The preceding paragraph shall not apply to messages from the Governor, reports required or authorized to be made to the Legislature and petitions filed or approved by the voters of a city or town, or the mayor and city council, or other legislative body of a city, or the town meeting of a town, for the enactment of a special law in compliance with the requirements of Section 8 of Article LXXXIX of the Amendments to the Constitution and which do not affect the powers, duties, etc., of state departments, boards, commissions, etc., or which do not affect generally the laws of the Commonwealth. Any such message, report or petition filed in either branch shall be referred forthwith by the Clerks to the committee on Rules of the two branches, acting concurrently, regardless of the date of filing. Notwithstanding any other provision of these joint rules, the committee on Rules of the two branches, acting concurrently, shall issue a report on each such matter within ten business days of the date of its reference, recommending either that the matter ought to pass, ought not to pass, or ought to be referred to a joint standing committee with jurisdiction of the matter for its further consideration.
At any special session called under Rule 26A, however, matters relating to the facts constituting the necessity for convening such session shall, if otherwise admissible, be admitted as though filed seasonably in accordance with the first sentence of this rule. Any recommendations from the Governor shall be similarly considered. This rule shall not be rescinded, amended or suspended, except by a concurrent vote of two-thirds of the members of each branch present and voting thereon.”.
Pending the question on adoption of the amendment, Mr. Kauf­man of Lexington moved that the amendment be amended in the first paragraph by striking out the third sentence contained therein [at “A”] and inserting in place thereof the following two sentences: “Between June 1 in the first year of a biennium and before March 15 in the second year of a biennium, any such matter filed after the first Wednesday in December preceding the first annual session of the General Court may be discharged from the committee on Rules in the branch in which the matter was filed by petition of a majority of members of that branch, and then, upon approval of two-thirds of the members of each branch voting thereon, be assigned to the appropriate committee for consideration. Before June 1 in the first year of a biennium or after March 15 of the second year of a biennium, any such late-filed matter shall be admitted for consideration only upon report of the committees on Rules, acting concurrently, and then upon approval of two-thirds of the members of each branch voting thereon.”.
After debate on the question on adoption of the further amendment, the sense of the House was taken by yeas and nays, at the request of the same member; and on the roll call 40 members voted in the affirmative and 109 in the negative.

Therefore the further amendment was rejected.
After debate on the question on adoption of the amendment offered by Mr. Jones of North Reading, et als, the sense of the House was taken by yeas and nays, at the request of Mr. Hill of Ipswich; and on the roll call 43 members voted in the affirmative and 108 in the negative.

Therefore the amendment was rejected.
Mrs. Paulsen of Belmont then moved that the order be amended in proposed Joint Rule 12, in line 5, by inserting after the word “Court” the following: “; provided that in the case of those members elected to join either branch for the first time beginning in the first year of the bi-annual session, legislation shall be deposited with the Clerk of either branch prior to 5:00 PM on the third Wednesday of January”; and, in line 6, by striking out the word “such” and inserting in place thereof the word “other”.
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 the same member; and on the roll call 51 members voted in the affirmative and 99 in the negative.

Therefore the amendments were rejected.
Mr. Demakis of Boston then moved that the order be amended in proposed Joint Rule 12A, in line 5, by striking out the word “Wednesday” and inserting in place thereof the word “weekday”.
After remarks the amendment was rejected.
On the question on adoption of the order, 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 128 members voted in the affirmative and 22 in the negative.

Therefore the order was adopted. Sent to the Senate for concurrence.

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.

At twenty-seven minutes after three o’clock P.M., on motion of Mr. Donato of Medford (Mr. Petrolati of Ludlow being in the Chair), the House adjourned, to meet tomorrow at eleven o’clock A.M., in an Informal Session.