JOURNAL OF THE HOUSE.
Friday, February 15, 2002.
 
 

Met according to adjournment, at eleven o’clock A.M., with Mrs. Harkins of Needham 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:

Eternal God, whose blessings to each one of us cannot be counted and whose forgiveness to the contrite of heart is inexhaustable, we humbly ask for Your direction and assistance as we struggle to legislate prudently and fairly. In our diverse society with a diversity of political agenda and goals, help us to select those viable options which best serve the people and the needs of the times. Inspire us to evaluate clearly the issues of the day so that our good faith judgements and decisions will be based on serious thought, factual information and sound principles. May we always be aware of Your presence in our lives and Your openness to our prayers.

Bestow Your blessings on the Speaker, the members and employees of this House and their families. Amen.

At the request of the Chair (Mrs. Harkins), the members, guests and employees joined with her in reciting the pledge of allegiance to the flag.

Statement Concerning Representative Blumer of Framingham.

A statement of Mrs. Harkins of Needham concerning Ms. Blumer of Framingham 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 Blumer of Framingham, will not be present in the House Chamber for today’s sitting due to a long-standing commitment to attend a nationwide conference on education. Any roll calls that she may miss today is due entirely to the reason stated.

Statement Concerning Representative Donovan of Woburn.

A statement of Mrs. Harkins of Needham concerning Ms. Donovan of Woburn 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 Donovan of Woburn, will not be present in the House Chamber for today’s sitting due to a scheduling conflict. Any roll calls that she may miss today is due entirely to the reason stated.

Statement Concerning Representative George of Yarmouth.

A statement of Mr. Marini of Hanson 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 a long-standing commitment out of the Commonwealth. Any roll calls that he may miss today is due entirely to the reason stated.

Statement Concerning Representative Gomes of Harwich.

A statement of Mr. Marini of Hanson 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 an out-of-state obligation. Any roll calls that she may miss today is due entirely to the reason stated.

Statement Concerning Representative Keenan of Southwick.

A statement of Mrs. Harkins of Needham concerning Mr. Keenan of Southwick 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 Keenan of Southwick, will not be present in the House Chamber for today’s sitting due to a family emergency. Any roll calls that he may miss today is due entirely to the reason stated.

Statement Concerning Representative Nyman of Hanover.

A statement of Mrs. Harkins of Needham concerning Mr. Nyman of Hanover 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 Nyman of Hanover, will not be present in the House Chamber for today’s sitting due to a long-standing family obligation. Any roll calls that he may miss today is 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 with the Clerk by Mr. Barrios of Cambridge) congratulating Green Street Studios Center for Movement and Dance in Cambridge on the occasion of its tenth anniversary; and

Resolutions (filed by Mr. Torrisi of North Andover) congratulating William Patrick McEvoy on the occasion of his seventy-fifth birthday;

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 Mr. Bosley of North Adams, the resolutions (reported by the committee on Bills in the Third Reading to be correctly drawn) were considered forthwith; and they were adopted.

Petitions.

Petitions severally were presented and referred as follows:

By Mr. Connolly of Everett, petition (subject to Joint Rule 12) of Edward G. Connolly (with the approval of the mayor and city council) relative to certain school construction projects in the city of Everett.

By Mr. Naughton of Clinton, petition (subject to Joint Rule 12) of Harold P. Naughton, Jr., and another that the Registrar of Motor Vehicles be authorized to issue distinctive registration plates for power linemen.

Severally, under Rule 24, to the committee on Rules.

Report of Committees.

By Mr. Scaccia of Boston, for the committee on Rules and the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the petition of Brian Paul Golden, Reed V. Hillman, David M. Torrisi and Edward G. Connolly relative to the compensation of principals of the Horace Mann Charter School. Under suspension of the rules, on motion of Mr. Bosley of North Adams, the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Education, Arts and Humanities. Sent to the Senate for concurrence.

Recesses.

At six minutes after eleven o’clock A.M., on motion of Mr. Peterson of Grafton (Mrs. Harkins of Needham being in the Chair), the House recessed until a quarter before twelve o’clock noon; and at that time the House was called to order with Mrs. Harkins in the Chair.

Mr. Finneran of Boston then moved that the House recess until a quarter after twelve o’clock noon.

Pending the question on the motion to recess (Mr. O’Flaherty of Chelsea being in the Chair), Mr. Marini of Hanson asked for a count of the House to ascertain if a quorum was present. A count showed that 81 members were in attendance.

The Speaker having taken the Chair, at twenty minutes before one o’clock P.M., on motion of Mr. Marini of Hanson, the House recessed until half past one o’clock.

Subsequently, at five minutes after three o’clock, the House was called to order, pending which the Speaker declared a further recess until half past three o’clock P.M.; and at that time the House was called to order.

Engrossed Bill — Land Taking.

The engrossed Bill relative to the environmental protection of the Massachusetts Military Reservation (see Senate, No. 2180, amended) (which originated in the House), having been certified by the Clerk to be rightly and truly prepared for final passage, was put upon its final passage.

On the question on passing the bill to be enacted, the sense of the House was taken by yeas and nays (this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution); and on the roll call 146 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 247 in Supplement.]

Therefore the bill was passed to be enacted; and it was signed by the Speaker and sent to the Senate.

Papers from the Senate.

Notice was received that the President of the Senate had announced the appointment of Senator Pacheco of the First Plymouth and Bristol District, Senator Magnani of the Middlesex, Norfolk and Worcester District and Senator Hedlund of the Plymouth and Norfolk District to the Special Legislative Task Force established (pursuant to Section 2 of Chapter 204 of the Acts of 2001) relative to the Commonwealth’s Unemployment Insurance System.

A Bill funding campaigns for public office (Senate, No. 2263) (on Senate bill, No. 2257), passed to be engrossed by the Senate, was read.

Mr. Rogers of Norwood moved that the rules be suspended in order that the bill might be read a second time forthwith.

Pending the question on suspension of the rules, Mr. Marini of Hanson moved that the House adjourn. On the motion to adjourn, the sense of the House was taken by yeas and nays, at the request of the same member; and on the roll call 42 members voted in the affirmative and 106 in the negative.

[See Yea and Nay No. 248 in Supplement.]

Therefore the motion to adjourn was negatived.

At the request of Mr. Jones of North Reading, the pending question was divided.

After debate on the first question, the suspension of Rule 33 (Mrs. Harkins of Needham being in the Chair), 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 110 members voted in the affirmative and 39 in the negative.

[See Yea and Nay No. 249 in Supplement.]

Therefore Rule 33 was suspended.

At fourteen minutes before five o’clock P.M., the Speaker returned to the Chair and declared a recess until the hour of five o’clock; and at sixteen minutes after five o’clock the House was called to order with the Speaker in the Chair.

After debate on the second question, the suspension of Rule 7A, 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 120 members voted in the affirmative and 28 in the negative.

[See Yea and Nay No. 250 in Supplement.]

Therefore Rule 7A was suspended.

On the third question, the suspension of Rule 41, 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 118 members voted in the affirmative and 30 in the negative.

[See Yea and Nay No. 251 in Supplement.]

Therefore Rule 41 was suspended.

On the fourth question, the suspension of Rule 39, 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 117 members voted in the affirmative and 30 in the negative.

[See Yea and Nay No. 252 in Supplement.]

Therefore Rule 39 was suspended.

On the fifth question, the suspension of Rule 33A, 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 118 members voted in the affirmative and 30 in the negative.

[See Yea and Nay No. 253 in Supplement.]

Therefore Rule 33A was suspended.

The bill (Senate, No. 2263) then was read a second time.

After debate on the question on ordering the bill to a third reading, Mr. Kaufman of Lexington and other members of the House moved that it be amended by striking out all after the enacting clause and inserting in place thereof the following:

“Section 2 of chapter 177 of the acts of 2001 be amended by inserting after item 0920-0300 the following item:—

0920-0302 For the implementation of chapter 55A of the General Laws during the 2002 state election cycle to provide public financing of political candidates certified by the director of the office of campaign and political finance; provided, however, that said spending shall not cause the Massachusetts Clean Elections Fund, so-called, established by section 42 of chapter 10 of the General Laws to be in deficit at any point

during the fiscal year 23,000,000

Clean Elections Fund ............ 100.0%”.

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 the same member; and on the roll call 70 members voted in the affirmative and 77 in the negative.

[See Yea and Nay No. 254 in Supplement.]

Therefore the amendment was rejected.

On the question on ordering the bill to a third reading, the sense of the House was taken by yeas and nays, at the request of Mr. Pedone of Worcester; and on the roll call 80 members voted in the affirmative and 67 in the negative.

[See Yea and Nay No. 255 in Supplement.]

Therefore the bill (Senate, No. 2263) was ordered to a third reading.

A Bill relative to public financing of campaigns for public office (Senate, No. 2262) (on a part of Senate bill, No. 2257), passed to be engrossed by the Senate, was read.

Mr. Rogers of Norwood moved that the rules be suspended in order that the bill might be read a second time forthwith.

On the question on suspension of the rules, the sense of the House was taken by yeas and nays, at the request of Mr. Marini of Hanson; and on the roll call 112 members voted in the affirmative and 35 in the negative.

[See Yea and Nay No. 256 in Supplement.]

Therefore the rules were suspended.

The bill then was read a second time.

After debate on the question on ordering the bill to a third reading, Mr. Kaufman of Lexington moved that it be amended by striking out all after the enacting clause and inserting in place thereof the text contained in a Bill relative to public financing of campaigns for public office.

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 the same member; and on the roll call 55 members voted in the affirmative and 92 in the negative.

[See Yea and Nay No. 257 in Supplement.]

Therefore the amendment was rejected.

Mr. Kelly of Dalton then moved that the bill be amended by adding at the end thereof the following section:

“SECTION 5. Chapter 55A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking the word ‘clean’, in each instance, and by inserting in place thereof the words:—taxpayer funded.”.

After remarks on the question on adoption of the amendment, the sense of the House was taken by yeas and nays, at the request of the same member; and on the roll call 114 members voted in the affirmative and 33 in the negative.

[See Yea and Nay No. 258 in Supplement.]

Therefore the amendment was adopted.

Ms. Jehlen of Somerville then moved that the bill be amended in section 4, in lines 0 and 0, by striking out the following: “in an amount up to $90 million per statewide election cycle”.

After remarks on the question on adoption of the amendment, the sense of the House was taken by yeas and nays, at the request of the same member; and on the roll call 44 members voted in the affirmative and 102 in the negative.

[See Yea and Nay No. 259 in Supplement.]

Therefore the amendment was rejected.

On the question on ordering the bill, as amended, to a third reading, the sense of the House was taken by yeas and nays, at the request of Mr. O’Flaherty of Chelsea; and on the roll call 86 members voted in the affirmative and 60 in the negative.

[See Yea and Nay No. 260 in Supplement.]

Therefore the bill (Senate, No. 2262, amended) was ordered to a third reading.

The Speaker then placed before the House the question on suspension of Rule 1A in order that the House might continue to meet beyond the hour of nine o’clock P.M.

On the question on suspension of Rule 1A, the sense of the House was taken by yeas and nays, as required under the provision of said rule; and on the roll call 100 members voted in the affirmative and 46 in the negative.

[See Yea and Nay No. 261 in Supplement.]

Therefore Rule 1A was suspended.

Mr. Rogers of Norwood then moved that the rules be suspended in order that the Senate Bill funding campaigns for public office (Senate, No. 2263) might be read a third time forthwith.

On the question on suspension of the rules, the sense of the House was taken by yeas and nays, at the request of Mr. Marini of Hanson; and on the roll call 99 members voted in the affirmative and 46 in the negative.

[See Yea and Nay No. 262 in Supplement.]

Therefore the rules were suspended.

The bill (reported by the committee on Bills in the Third Reading to be correctly drawn) then was read a third time.

Pending the question on passing the bill to be engrossed, in concurrence, Messrs. Speliotis of Danvers and LeDuc of Marlborough moved that it be amended by striking out all after the enacting clause and inserting in place thereof the following:

“Notwithstanding any general or special law to the contrary, the director of the office of campaign and political finance is authorized to make available and disburse to certified candidates, as defined in section 1 of chapter 55A, any and all funds existing in the so-called “Clean Elections Fund’ established pursuant to section 42 of chapter 10 for the calendar year 2002 election, provided that such spending shall never cause said fund to be in deficit, and provided further that said funds may only be used for statewide candidates for the 2002 calendar year elections.”.

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. Speliotis; and on the roll call 11 members voted in the affirmative and 136 in the negative.

[See Yea and Nay No. 263 in Supplement.]

Therefore the amendment was rejected.

On the question on passing the bill to be engrossed, in concurrence, the sense of the House was taken by yeas and nays, at the request of Mr. Rogers of Norwood; and on the roll call 82 members voted in the affirmative and 65 in the negative.

[See Yea and Nay No. 264 in Supplement.]

Therefore the bill (Senate, No. 2263) was passed to be engrossed, in concurrence. Mr. Rogers of Norwood then moved that this vote be reconsidered, and the motion to reconsider was considered forthwith; and it was negatived.

Mr. Rogers of Norwood then moved that the rules be suspended in order that the Senate Bill relative to public financing of campaigns for public office (Senate, No. 2262, amended) might be read a third time forthwith.

On the question on suspension of the rules, the sense of the House was taken by yeas and nays, at the request of Mr. Marini of Hanson; and on the roll call 101 members voted in the affirmative and 46 in the negative.

[See Yea and Nay No. 265 in Supplement.]

Therefore the rules were suspended.

The bill then was read a third time.

The committee on Bills in the Third Reading reported asking to be discharged from further consideration of the bill; and the report was accepted.

On the question on passing the bill, as amended, to be engrossed, in concurrence, the sense of the House was taken by yeas and nays, at the request of Mr. Rogers of Norwood; and on the roll call 86 members voted in the affirmative and 61 in the negative.

[See Yea and Nay No. 266 in Supplement.]

Therefore the bill, as amended, was passed to be engrossed, in concurrence. The same member then moved that this vote be reconsidered, and the motion to reconsider was entertained forthwith; and it was negatived.

The bill (Senate, No. 2262, amended) then was sent to the Senate for concurrence in the amendment.Order.

On motion of Mr. Peterson of Grafton,—

Ordered, That when the House adjourns today, it adjourn to meet on Wednesday next at eleven o’clock A.M.; and when the House adjourns on Wednesday, it adjourn to meet on the following Thursday at eleven o’clock A.M.