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.