JOURNAL OF THE HOUSE.
Monday, February 3, 2003.
 
 
Met at eight minutes past two o’clock P.M.
Prayer was offered by the Reverend Robert F. Quinn, C.S.P., Chaplain of the House, as follows:
Gracious God, we begin today’s session of a new legislative workweek with a prayer of petition in which we ask for Your guidance and assistance. In a spirit of humility, we encounter You in prayer as we make known to You our new and old needs, our new and old failings, our new and old hopes and our new and old personal and legislative asperations. Inspire us to offer You and the people our best efforts in carrying out our responsibilities during these difficult and stressful times. We also remember in our prayers and thoughts the seven deceased astronauts and their grieving families. May this tragic event unite us in expressing our appreciation for the dedication and sacrifices of the women and men in the space program who are working to build a better tomorrow for all people around the world.
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.

Quorum.

Mr. Flynn of Bridgewater asked for a count of the House to ascertain if a quorum was present.
The Speaker, 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 153 members were recorded as being in attendance.
[See Yea and Nay No. 33 in Supplement.]
Therefore a quorum was present.

Messages from the Governor.

A message from His Excellency the Governor submitting requests for making appropriations for the fiscal year 2003 to provide for supplementing certain existing appropriations and providing relief and flexibility to municipal officials (House, No. 2020) was filed in the office of the Clerk on Thursday, January 30.
The message was read; and it was referred, under Rule 30, with the accompanying draft of a bill, to the committee on Ways and Means.

A message from His Excellency the Governor submitting requests for making appropriations for fiscal year 2003 to provide for supplementing certain existing appropriations and for certain other activities and projects (House, No. 2021) was filed in the office of the Clerk on Thursday, January 30.
The message was read; and it was referred, under Rule 30, with the accompanying draft of a bill, to the committee on Ways and Means.

Resignation of Representative Joseph C. Sullivan of Braintree.

The following communication, received by the Clerk from the office of the Speaker of the House, was read for the information of the House; and placed on file.

February 3, 2002.

The Honorable Thomas M. Finneran
Speaker, House of Representatives
State House, Room 356 Boston, MA 02133

Dear Mr. Speaker:

I am writing to you in order to submit my resignation as State Representative from the Fifth Norfolk district effective immediately as I have been named the Executive Director of the Massachusetts State Lottery.
I wish to thank you and all the members of the House of Representatives for the courtesies and assistance that you have extended to me during my tenure as a State Representative.

Sincerely,

JOSEPH C. SULLIVAN,
State Representative,
Fifth Norfolk District.

Appointment of Majority Leaders.

Under the provisions of Rule 18, the Speaker announced that the Majority Party Caucus had ratified the following appointments:
Representative DiMasi of Boston, Majority Floor Leader; Representative Harkins of Needham, Assistant Majority Floor Leader; and Representative Petrolati of Ludlow, Second Assistant Majority Floor Leader.

House Standing Committees.

House standing committees were appointed as follows: —
Rules. — Scaccia of Boston, Miceli of Wilmington, Correia of Fall River, DiMasi of Boston, Speliotis of Danvers, Kennedy of Brockton, Binienda of Worcester, Ciampa of Somerville, Harkins of Needham, Turkington of Falmouth, Connolly of Everett, Ayers of Quincy, Kelly of Dalton, Frost of Auburn and Poirier of North Attleborough.
Ways and Means. — Rogers of Norwood, Ruane of Salem, Larkin of Pittsfield, Flynn of Bridgewater, Speliotis of Danvers, Travis of Rehoboth, Kennedy of Brockton, Turkington of Falmouth, Connolly of Everett, Galvin of Canton, Goguen of Fitchburg, Kafka of Sharon, Pedone of Worcester, Kulik of Worthington, Swan of Springfield, Fennell of Lynn, Kaprielian of Watertown, Garry of Dracut, Naughton of Clinton, Creedon of Brockton, Fallon of Malden, Wolf of Cambridge, Golden of Boston, Rivera of Springfield, Petruccelli of Boston, Haddad of Somerset, deMacedo of Plymouth, Frost of Auburn, Hill of Ipswich, Hillman of Sturbridge, Poirier of North Attleborough and Polito of Shrewsbury.
Bills in the Third Reading. — DeLeo of Winthrop, LeDuc of Marlborough and George of Yarmouth.
Ethics. — Broadhurst of Methuen, DiMasi of Boston, Tobin of Quincy, DeLeo of Winthrop, Fagan of Taunton, Rogers of Norwood, Candaras of Wilbraham, Poirier of North Attleborough, Frost of Auburn, Kelly of Dalton and Pope of Wayland.
Long-Term Debt and Capital Expenditures. — Parente of Milford, Flynn of Bridgewater, Rushing of Boston, Hynes of Marshfield, Marzilli of Arlington, Kaufman of Lexington, Stanley of West Newbury, Callahan of Sutton, Coughlin of Dedham, Pope of Wayland and George of Yarmouth.
Personnel and Administration. — Garry of Dracut, Donato of Medford, Fox of Boston, Donovan of Woburn, Finegold of Andover, Balser of Newton, Blumer of Framingham, Patrick of Falmouth, Smizik of Brookline, Gifford of Wareham, Evangelidis of Holden, Perry of Sandwich and Webster of Hanson.
Post Audit and Oversight. — Fagan of Taunton, Simmons of Leom­inster, Kafka of Sharon, Creedon of Brockton, Carron of South­bridge, Blumer of Framingham, Falzone of Saugus, Stanley of Waltham, Gobi of Spencer, Hargraves of Groton and Webster of Hanson.
Science and Technology. — Dempsey of Haverhill, Pedone of Worcester, Fallon of Malden, LeDuc of Marlborough, Atkins of Concord, Falzone of Saugus, Leary of Worcester, Stanley of Waltham, Howland of East Freetown, Hillman of Sturbridge and Humason of Westfield.
Steering, Policy and Scheduling. — Kujawski of Webster, Swan of Springfield, Kafka of Sharon, Story of Amherst, Canavan of Brockton, Fresolo of Worcester, Kocot of Northampton, Eldridge of Acton, Spiliotis of Peabody, Hill of Ipswich and Poirier of North Attleborough.
Floor Division Committees. — First Division Chairperson, Representative Walrath of Stow; Second Division Chairperson, Representative Tobin of Quincy; Third Division Chairperson, Representative Candaras of Wilbraham; Fourth Division Chairperson, Representa­tive Correia of Fall River.

Joint Standing Committees.

Joint standing committees were appointed as follows: —
Banks and Banking. — Senators Nuciforo of Berkshire, Hampshire and Franklin, Joyce of Norfolk, Bristol and Plymouth, Creedon of Plymouth and Bristol, O’Leary of Cape and Islands, Tolman of Suffolk and Middlesex and Hedlund of Plymouth and Norfolk; Representatives Quinn of Dartmouth, Torrisi of North Andover, Travis of Rehoboth, Connolly of Everett, Nyman of Hanover, Timilty of Milton, Kane of Holyoke, Costello of Newburyport, Spiliotis of Peabody, Webster of Hanson and Brown of Wrentham.
Commerce and Labor. — Senators Hart of Suffolk, McGee of Essex and Middlesex, Magnani of Middlesex and Norfolk, Tucker of Essex and Middlesex, Wilkerson of Suffolk and Lees of Hampden and Hampshire; Representatives Rodrigues of Westport, Atsalis of Barnstable, Jehlen of Somerville, LeDuc of Marlborough, Asselin of Springfield, Spellane of Worcester, Callahan of Sutton, Howland of East Freetown, Rush of Boston, Evangelidis of Holden and Loscocco of Holliston.
Criminal Justice. — Senators McGee of Essex and Middlesex, Antonioni of Worcester and Middlesex, Creedon of Plymouth and Bristol, Creem of Middlesex and Norfolk, Morrissey of Norfolk and Plymouth and Hedlund of Plymouth and Norfolk; Representatives Vallee of Franklin, Knuuttila of Gardner, Paulsen of Belmont, Murphy of Burlington, Festa of Melrose, Timilty of Milton, Linsky of Natick, Bradley of Hingham, Buoniconti of West Springfield, Hillman of Sturbridge and Webster of Hanson.
Education, Arts and Humanities. — Senators Antonioni of Wor­cester and Middlesex, Magnani of Middlesex and Norfolk, O’Leary of Cape and Islands, Resor of Middlesex and Worcester, Wilkerson of Suffolk and Sprague of Bristol and Norfolk; Representatives St. Fleur of Boston, Murphy of Lowell, Broadhurst of Methuen, Creedon of Brockton, Wolf of Cambridge, Golden of Boston, Torrisi of North Andover, Spilka of Ashland, Sanchez of Boston, Hargraves of Groton and Perry of Sandwich.
Election Laws. — Senators Joyce of Norfolk, Bristol and Plymouth, Glodis of Worcester, Nuciforo of Berkshire, Hampshire and Franklin, Shannon of Middlesex, Wilkerson of Suffolk and Knapik of Hampden and Hampshire; Representatives Straus of Mattapoisett, Rivera of Springfield, Kaufman of Lexington, Murphy of Lowell, Reinstein of Revere, Petruccelli of Boston, Eldridge of Acton, Peisch of Wellesley, Wallace of Boston, Frost of Auburn and George of Yarmouth.
Energy. — Senators O’Leary of Cape and Islands, Magnani of Middlesex and Norfolk, Chandler of Worcester, Resor of Middlesex and Worcester, Tolman of Suffolk and Middlesex and Tisei of Middlesex and Essex; Representatives Binienda of Worcester, Speliotis of Danvers, Donovan of Woburn, Marzilli of Arlington, Fresolo of Worcester, Donato of Medford, Kane of Holyoke, Patrick of Falmouth, Gobi of Spencer, Polito of Shrewsbury and Coppola of Foxborough.
Government Regulations. — Senators Morrissey of Norfolk and Plymouth, Tucker of Essex and Middlesex, Baddour of Essex, Hart of Suffolk, McGee of Essex and Middlesex and Knapik of Hampden and Hampshire; Representatives Bosley of North Adams, Golden of Boston, Naughton of Clinton, Ayers of Quincy, Festa of Melrose, Nangle of Lowell, Leary of Worcester, Stanley of Waltham, Wallace of Boston, Brown of Wrentham and Hill of Ipswich.
Health Care. — Senators Moore of Worcester and Norfolk, Barrios of Middlesex, Suffolk and Essex, Chandler of Worcester, Fargo of Middlesex, Tucker of Essex and Middlesex and Tarr of Essex and Middlesex; Representatives Koutoujian of Newton, Canavan of Brockton, Galvin of Canton, Garry of Dracut, Golden of Lowell, Kaprielian of Watertown, Teahan of Whitman, Haddad of Somerset, Coughlin of Dedham, Gomes of Harwich and Gifford of Wareham.
Housing and Urban Development. — Senators Chandler of Wor­cester, Panagiotakos of Middlesex, Berry of Essex, O’Leary of Cape and Islands, Tucker of Essex and Middlesex and Tarr of Essex and Middlesex; Representatives Honan of Boston, Fennell of Lynn, Demakis of Boston, Sullivan of Fall River, Asselin of Springfield, Spellane of Worcester, Donelan of Orange, Grant of Beverly, Lantigua of Lawrence, Gomes of Harwich and Humason of Westfield.
Human Services and Elderly Affairs. — Senators Tucker of Essex and Middlesex, Wilkerson of Suffolk, Barrios of Middlesex, Suffolk and Essex, Fargo of Middlesex, McGee of Essex and Middlesex and Tisei of Middlesex and Essex; Representatives Cabral of New Bedford, Goguen of Fitchburg, Paulsen of Belmont, Khan of Newton, Sullivan of Fall River, Rivera of Springfield, Grant of Beverly, Scibak of South Hadley, Lantigua of Lawrence, Coppola of Foxborough and Gomes of Harwich.
Insurance. — Senators Glodis of Worcester, Wilkerson of Suffolk, Jacques of Norfolk, Bristol and Middlesex, Montigny of Bristol and Plymouth, Shannon of Middlesex and Hedlund of Plymouth and Norfolk; Representatives Mariano of Quincy, Galvin of Canton, Ayers of Quincy, Fresolo of Worcester, Reinstein of Revere, Timilty of Milton, Buoniconti of West Springfield, Murphy of Weymouth, Costello of Newburyport, George of Yarmouth and Gifford of Wareham.
The Judiciary. — Senators Creedon of Plymouth and Bristol, Baddour of Essex, Antonioni of Worcester and Middlesex, Jacques of Norfolk, Bristol and Middlesex, Wilkerson of Suffolk and Lees of Hampden and Hampshire; Representatives O’Flaherty of Chelsea, Fallon of Malden, Naughton of Clinton, Golden of Boston, Torrisi of North Andover, Carron of Southbridge, Linsky of Natick, Rush of Boston, Peisch of Wellesley, Brown of Wrentham and Evangelidis of Holden.
Natural Resources and Agriculture. — Senators Resor of Middlesex and Worcester, Brewer of Worcester, Hampden, Hampshire and Franklin, Creedon of Plymouth and Bristol, Fargo of Middlesex, Pacheco of Plymouth and Bristol and Tarr of Essex and Middle­sex; Representatives Greene of Billerica, Turkington of Falmouth, Petersen of Marblehead, Kulik of Worthington, Verga of Gloucester, Festa of Melrose, Asselin of Springfield, Kocot of Northampton, Walsh of Lynn, Loscocco of Holliston and Gifford of Wareham.
Public Safety. — Senators Barrios of Middlesex, Suffolk and Essex, Joyce of Norfolk, Bristol and Plymouth, Brewer of Wor­cester, Hampden, Hampshire and Franklin, Chandler of Worcester, Pacheco of Plymouth and Sprague of Bristol and Norfolk; Representatives Toomey of Cambridge, Nyman of Hanover, Sullivan of Fall River, Malia of Boston, Atsalis of Barnstable, Ayers of Quincy, Nangle of Lowell, Reinstein of Revere, Donelan of Orange, Hill of Ipswich and Coppola of Foxborough.
Public Service. — Senators Magnani of Middlesex and Norfolk, Tolman of Suffolk and Middlesex, Hart of Suffolk, Joyce of Norfolk, Bristol and Plymouth, Shannon of Middlesex and Sprague of Bristol and Norfolk; Representatives Koczera of New Bedford, Malia of Boston, Fox of Boston, Petersen of Marblehead, Demakis of Boston, Finegold of Andover, Bradley of Hingham, L’Italien of Andover, Rush of Boston, Hillman of Sturbridge and Perry of Sandwich.
State Administration. — Senators Wilkerson of Suffolk, Fargo of Middlesex, Glodis of Worcester, Shannon of Middlesex, Tolman of Suffolk and Middlesex and Tarr of Essex and Middlesex; Representatives Hall of Westford, Golden of Lowell, Jehlen of Somerville, Swan of Springfield, Teahan of Whitman, Kane of Holyoke, Pignatelli of Lenox, Scibak of South Hadley, Walsh of Lynn, Humason of Westfield and Hargraves of Groton.
Taxation. — Senators Creem of Middlesex and Norfolk, Rosenberg of Hampshire and Franklin, Havern of Middlesex, Jacques of Norfolk, Bristol and Middlesex, O’Leary of Cape and Islands and Sprague of Bristol and Norfolk; Representatives Casey of Winchester, Ciampa of Somerville, Rushing of Boston, Travis of Rehoboth, Golden of Lowell, Kaprielian of Watertown, Stanley of West Newbury, Falzone of Saugus, Spellane of Worcester, Coppola of Foxborough and Polito of Shrewsbury.
Transportation. — Senators Baddour of Essex, Chandler of Wor­cester, Hart of Suffolk, McGee of Essex and Middlesex, Montigny of Bristol and Plymouth, ______ of ______ and Hedlund of Plymouth and Norfolk; Representatives Wagner of Chicopee, Hynes of Marshfield, Turkington of Falmouth, Kulik of Worthington, Knuuttila of Gardner, Malia of Boston, Fresolo of Worcester, Petruccelli of Boston, Atkins of Concord, Donato of Medford, Murphy of Weymouth, Loscocco of Holliston and Evangelidis of Holden.

Statement Concerning Representative Gomes of Harwich.

A statement of Mr. Jones of North Reading concerning Mrs. Gomes of Harwich 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 Gomes of Harwich, will not be present in the House Chamber for today’s sitting due to illness. Any roll calls that she may miss today will be due entirely to the reason stated.

Statement Concerning Representative Knuuttila of Gardner.

A statement of Mr. DiMasi of Boston concerning Mr. Knuuttila of Gardner 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 Knuuttila of Gardner, will not be present in the House Chamber for today’s sitting due to a prior business engagement outside the State House. 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 referred, under Rule 85, to the committee on Rules:
Resolutions (filed by Representatives Rogeness of Longmeadow, Rivera of Springfield, Buoniconti of West Springfield and Candaras of Wilbraham) congratulating Colonel Ronald G. Senez of Springfield on the occasion of his retirement from the Massachusetts Army National Guard;
Resolutions (filed by Mr. Murphy of Burlington) congratulating Mr. and Mrs. John A. Marcangelo on the occasion of their fiftieth wedding anniversary; and
Resolutions (filed by Mr. Speliotis of Danvers) congratulating Hospice of the North Shore on the occasion of its twenty-fifth anniversary;
Mr. Scaccia of Boston, 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 Ms. Candaras, the resolutions (reported by the committee on Bills in the Third Reading to be correctly drawn) were considered forthwith; and they were adopted.

Order.

Mr. DiMasi of Boston being in the Chair,—
The following order (filed this day with the Clerk by Speaker Finneran of Boston) was referred, under Rule 85, to the committee on Rules, as follows:
Ordered, That the precept to be issued by the Speaker, under the provisions of Section 141 of Chapter 54 of the General Laws, appointing a time for the election to fill the vacancy existing in the office of Representative in the General Court from the Fifth Norfolk District shall designate Tuesday, May 13, 2003 as the time ordered by the House of Representatives for said election.
Mr. Scaccia of Boston, for said committee, reported that the order ought to be adopted.
Under suspension of the rules, on motion of Mrs. Harkins of Needham, the order was considered forthwith; and it was adopted.

Petition.

Mr. Finneran of Boston presented a petition (subject to Joint Rule 12) of Thomas M. Finneran and Bradley H. Jones, Jr., relative to the compensation of certain members of the General Court; and the same was referred, under Rule 24, to the committee on Rules.

Paper from the Senate.

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) came from the Senate with the endorsement that said branch had insisted on its amendment (striking out the text contained in said order and inserting in place thereof the text contained in Senate Order numbered 1927) (in which the House had non-concurred).
The order bore the further endorsement that the Senate had concurred with the House in the appointment of a committee of conference on the disagreeing votes of the two branches; and that Senators Brewer, Menard and Tisei had been joined as the committee on the part of the Senate.

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-five minutes after three o’clock P.M., on motion of Mr. Larking of Pittsfield (Mr. DiMasi of Boston being in the Chair), the House adjourned, to meet tomorrow at eleven o’clock A.M., in an Informal Session.