JOURNAL OF THE HOUSE.
Thursday, March 1, 2001.
 
 

Met according to adjournment, at eleven o’clock A.M., in an Informal Session, with Mr. Scaccia of Boston in the Chair (having been appointed by the Speaker, under authority conferred by Rule 5, to perform the duties of the Chair).

At the request of the Chair (Mr. Scaccia), the members, guests and employees joined with him in reciting the pledge of allegiance to the flag.

 

Resolutions.

The following resolutions (filed with the Clerk) were referred, under Rule 85, to the committee on Rules:

Resolutions (filed by Mr. Nagle of Northampton and other members of the House) honoring Walter A. DeFilippi;

Resolutions (filed by Mr. Atsalis of Barnstable) congratulating the Hyannis East Elementary School in the town of Barnstable on the occasion of its fiftieth anniversary;

Resolutions (filed by Mr. Brown of Wrentham) congratulating Mark Dalton on the occasion of his retirement;

Resolutions (filed by Mr. Dempsey of Haverhill and other members of the House) recognizing direct support providers for their dedication to persons with disabilities;

Resolutions (filed by Mrs. Fox of Boston and other members of the House) congratulating Marvin Eugene Gilmore, Jr., on the occasion of his being honored by the Whittier Street Health Center;

Resolutions (filed by Mr. Koczera of New Bedford) commemorating the fiftieth anniversary of the Freetown Memorial Veterans of Foreign Wars Post 6643;

Resolutions (filed by Messrs. O’Brien of Kingston and Straus of Mattapoisett) congratulating Thomas Elisha Battistini on receiving the Eagle Award of the Boy Scouts of America; and

Resolutions (filed by Messrs. O’Brien of Kingston and Straus of Mattapoisett) congratulating Matthew Richard Brodeur on receiving the Eagle Award of the Boy Scouts of America;

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

 

The following resolutions (filed with the Clerk) were referred, under Rule 85, to the committee on Rules:

Resolutions (filed by Messrs. DiMasi of Boston, Petruccelli of Boston, Pedone of Worcester, Fresolo of Worcester and Asselin of Springfield) commending the contributions of the citizens of Pietraperzia, Sicily; and

Resolutions (filed by Ms. Story of Amherst) commending Doctor Yusef Lateef for his contributions to the Pioneer Valley and the world of music;

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

 

Petitions.

A petition (accompanied by bill, House, No. 4011) of Cory Atkins and Pamela P. Resor (by vote of the town) relative to establishing the Acton economic development and industrial corporation (having been returned by the State Secretary, under the provisions of Chapter 3 of the General Laws with memoranda relative thereto) was referred, under Rule 24, to the committee on Commerce and Labor. Sent to the Senate for concurrence.

 

Petitions severally were presented and referred as follows:

By Mr. Mariano of Quincy, petition (accompanied by bill, House, No. 4012) of Ronald Mariano (with the approval of the mayor and city council) relative to the enhanced emergency telephone system in the city known as the town of Weymouth. To the committee on Government Regulations

By Mr. Bradley of Hingham, petition (accompanied by bill, House, No. 4013) of Garrett J. Bradley and another (by vote of the town) that the town of Cohasset be authorized to borrow money for the expansion and improvement of the Woodside Cemetery;

By Mr. Finegold of Andover, petition (accompanied by bill, House, No. 4014) of Barry R. Finegold and Susan C. Tucker (by vote of the town) that the conservation commission of the town of Andover be authorized to grant a certain easement in certain conservation land located in said town;

By Mr. Knuuttila of Gardner, petition (accompanied by bill, House, No. 4015) of Brian Knuuttila and Robert A. Antonioni (by vote of the town) relative to authorizing the town of Ashby to grant easements in certain land for use by the United States Post Office;

By Mr. Locke of Wellesley, petition (accompanied by bill, House, No. 4016) of John A. Locke, Susan C. Fargo and others (by vote of the town) relative to authorizing the appointment of a town manager and the creation of a municipal finance department in the town of Weston; and

By Mr. Torrisi of North Andover, petition (accompanied by bill, House, No. 4017) of David M. Torrisi, James P. Jajuga, Bruce E. Tarr and Bradley H. Jones, Jr. (by vote of the town) relative to the appointment of alternate members to the conservation commission of the town of North Andover;

Severally to the committee on Local Affairs.

By Mr. Larkin of Pittsfield, petition (accompanied by bill, House, No. 4018) of Gerald S. Doyle, Jr. (mayor), Peter J. Larkin, Shaun P. Kelly, Andrea F. Nuciforo, Jr., and others (with the approval of the mayor and city council) relative to the appointment of seasonal employees in the city of Pittsfield;

By Mr. Mariano of Quincy, petition (accompanied by bill, House, No. 4019) of Ronald Mariano (with the approval of the mayor and city council) relative to the reclassification of civil service positions in the city known as the town of Weymouth; and

By Mr. Vallee of Franklin, petition (accompanied by bill, House, No. 4020) of James E. Vallee and David P. Magnani (by vote of the town) relative to a probationary employment period for certain newly hired public safety personnel in the city known as the town of Franklin;

Severally to the committee on Public Service.

Severally sent to the Senate for concurrence.

 

Petitions severally were presented and referred as follows:

By Mr. Atsalis of Barnstable, petition (subject to Joint Rule 12) of Demetrius J. Atsalis that the Department of Social Services be directed to prepare and distribute a pamphlet containing the rights of children in foster care.

By the same member, petition (subject to Joint Rule 12) of Demetrius J. Atsalis relative to distributing a manual of the policy and procedures of the Department of Social Services.

By the same member, petition (subject to Joint Rule 12) of Demetrius J. Atsalis relative to establishing an office of the family and children’s ombudsman.

By the same member (by request), petition (subject to Joint Rule 12) of Nev Moore relative to establishing criminal liability for certain actions of employees of the Department of Social Services.

By Mr. Hill of Ipswich, petition (subject to Joint Rule 12) of Bradford Hill and other members of the House relative to the penalty for disseminating certain restricted video materials to persons under seventeen years of age.

By Mr. Knuuttila of Gardner, petition (subject to Joint Rule 12) of Brian Knuuttila, Robert A. Antonioni and others that the State Retirement Board be authorized to grant certain creditable service to Stephen F. Allard, a member of the state employees retirement system.

By Mr. Miceli of Wilmington, petition (subject to Joint Rule 12) of James R. Miceli for legislation to authorize the Division of Capital Asset Management and Maintenance to convey certain land located in the town of Tewksbury to the Eagle Point Development Corporation.

By Mr. Rogers of New Bedford, petition (subject to Joint Rule 12) of George Rogers for legislation to authorize the Juvenile Court Department to establish a sick leave bank for Michael Sylvia, an employee of said department.

By the same member, petition (subject to Joint Rule 12) of George Rogers relative to the admission and discharge rights of surgical patients in hospitals.

By Mr. Sullivan of Braintree, petition (subject to Joint Rule 12) of Joseph C. Sullivan and Robert A. Havern relative to toll enforcement on the Tobin Memorial Bridge by the Registrar of Motor Vehicles.

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

 

Paper from the Senate.

A report of the committee on Government Regulations, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 432) of Michael Hyde for legislation relative to wire-tapping in the Commonwealth, and recommending that the same be referred to the committee on the Judiciary,— accepted by the Senate, was considered forthwith, under Rule 42; and it was accepted, in concurrence.

 

Reports of Committees.

By Mr. Greene of Billerica, for the committee on Commerce and Labor, asking to be discharged from further consideration

Of the petition (accompanied by bill, House, No. 1161) of Michael J. Rodrigues relative to insurance assessments against certain corporations,— and recommending that the same be referred to the committee on Insurance;

Of the petition (accompanied by bill, House, No. 3249) of Thomas M. Menino and Elizabeth A. Malia relative to industrial enterprises and community development under the law regulating commercial area revitalization districts,— and recommending that the same be referred to the committee on Local Affairs; and

By Mr. Hall of Westford, for the committee on State Administration, asking to be discharged from further consideration

Of the petition (accompanied by bill, House, No. 1496) of Paul E. Caron relative to the awarding of contracts for energy management services by state agencies and building authorities; and

Of the petition (accompanied by bill, House, No. 1497) of Paul E. Caron relative to authorizing public agencies to enter into guaranteed energy savings contracts;

And recommending that the same severally be referred to the committee on Energy.

Under Rule 42, the reports severally were considered forthwith; and they were accepted. Severally sent to the Senate for concurrence.

 

By Mr. Rogers of Norwood, for the committee on Ways and Means, on House, No. 3024, reports, in part, a Bill making appropriations for the fiscal year 2001 to provide for supplementing certain existing appropriations and for certain other activities and projects (House, No. 4021) [Direct Appropriations: $28,734,162.00.]. Read; and referred, under Rule 7A, to the committee on Steering, Policy and Scheduling.

Mr. Kujawski of Webster, for said committee, reported that the matter be scheduled for consideration by the House.

Under suspension of the rules, on motion of Mr. Lepper of Attleboro, the bill was read a second and (having been reported by the committee on Bills in the Third Reading to be correctly drawn) a third time forthwith.

Pending the question on passing the bill to be engrossed, Mr. Rogers of Norwood moved that it be amended by adding at the end thereof the following three sections:

“SECTION 4. Section 6 of chapter 70B of the General Laws is hereby amended by striking out the last sentence in subsection (e), and inserting in place thereof the following sentence:— Indebtedness incurred under this chapter shall be in excess of the statutory debt limit, but shall, except as herein provided, otherwise be subject to the applicable provisions of chapter 44.

SECTION 5. Section 13 of said chapter 70B is hereby amended, at the end of the second sentence thereof, by striking out the words ‘pursuant to the provisions of chapter 645 of the acts of 1948 or this chapter’.

SECTION 6. Notwithstanding the provisions of said chapter 70B or of any other general or special law to the contrary, (i) cities and towns that received approval from the board of education for a school construction grant for a capital school construction project in accordance with the provisions of chapter 645 of the acts of 1948, as amended, before the effective date of section 295 of chapter 159 of the acts of 2000 which repealed said chapter 645, and cities and towns with capital school construction grants for which the board has directed the treasurer to disburse school construction grants in accordance with section 329 of chapter 159 of the acts of 2000 are authorized to borrow for said approved school project under section 6(e) of chapter 70B; (ii) the reference to chapter 645 of the acts of 1948 in section 19 of chapter 44 of the General Laws and any reference to said chapter 645 in any vote of a city, town or regional school district authorizing borrowing for a capital school construction project shall also be deemed to refer to said chapter 70B as the successor statute to said chapter 645; (iii) any school construction project for which the board of education has directed the treasurer to disburse school construction grants in accordance with section 329 of chapter 159 of the acts of 2000 shall be deemed to have been approved by the board for purposes of section 13 of said chapter 70B as of the date of the vote of the board pursuant to which such direction was made; and (iv) any debt for an approved school project approved under chapter 645 of the acts of 1948, as amended, or under section 329 of chapter 159 of the acts of 2000 that was incurred by a city or town for such projects after the date of such approval but before the effective date of this act is hereby validated, approved and confirmed in all respects and shall be in excess of the statutory debt limit imposed by section 10 of chapter 44 of the General Laws.”.

The amendment was adopted; and the bill, as amended, was passed to be engrossed. Mr. Lepper of Attleboro moved that this vote be reconsidered; and, there being no objection, the motion to reconsider was considered forthwith and it was negatived. The bill (House, No. 4021, printed as amended) then was sent to the Senate for concurrence.

 

By Mr. Tobin of Quincy, for the committee on Criminal Justice, on Senate, Nos. 181, 190, 191, 205 and 211 and House, Nos. 1540, 2668 and 4003, a Bill reinstituting the death penalty in the Commonwealth (printed in House, No. 4003) [Senators Creem and Antonioni dissenting].

By Mr. Golden of Lowell, for the committee on State Administration, on a petition, a Bill relative to the disposition of certain property in the city of Lowell (printed as Senate, No. 1599).

By Mrs. Teahan of Whitman, for the same committee, on House, Nos. 2 and 5, a Bill providing for uniform administrative standards in the audit of federal aid funds received by the state (House, No. 5).

By the same member, for the same committee, on House, Nos. 2 and 6, a Bill relative to certain requests for local audits (House, No. 6).

By the same member, for the same committee, on House, Nos. 2 and 7, a Bill providing for review of agency fiscal effect statements by the State Auditor (House, No. 7).

By Mr. Kane of Holyoke, for the same committee, on House, Nos. 130 and 131, a Bill concerning the renewal of permits and licenses issued by the Department of Public Health (House, No. 131).

Severally read; and referred, under Rule 33, to the committee on Ways and Means.

 

By Mrs. Parente of Milford, for the committee on Local Affairs, on a petition, a Bill authorizing the town of Andover conservation commission to grant a sewer easement (House, No. 295) [Local Approval Received].

By the same member, for the same committee, on a petition, a Bill authorizing the town of Manchester-by-the-Sea to convey a certain parcel of land held for conservation purposes (House, No. 1239) [Local Approval Received].

By the same member, for the same committee, on House, Nos. 1237 and 2760, a Bill relative to a boundary change between the towns of Georgetown and Boxford (House, No. 2760).

By the same member, for the same committee, on Senate, No. 1040 and House, Nos. 1238 and 2761, a Bill to amend the special act establishing a department of municipal finance for the town of Georgetown (House, No. 2761) [Local Approval Received].

By the same member, for the same committee, on a message from His Excellency the Governor, a Bill authorizing the town of Mansfield to use certain conservation land for road and bridge purposes (printed in House, No. 4002).

By Mrs. Teahan of Whitman, for the committee on State Administration, on House, Nos. 2 and 3, a Bill relative to production of records for review by the State Auditor (House, No. 3).

Severally read; and referred, under Rule 7A, to the committee on Steering, Policy and Scheduling.

 

Order.

On motion of Mr. Ruane of Salem,—

Ordered, That, when the House adjourns today, it adjourn to meet on Monday next at the hour of eleven o’clock A.M.

 

 

Mr. Vallee of Franklin then moved that as a mark of respect to the memory of Donat J. Laplante, a member of the House from Bellingham from 1975 to 1978, inclusive, the House adjourn; and the motion prevailed.

Accordingly, at half past eleven o’clock A.M., on motion of Mr. Lepper of Attleboro (Mr. Scaccia of Boston being in the Chair), the House adjourned, to meet on Monday next at eleven o’clock A.M., in an Informal Session.