JOURNAL OF THE HOUSE.
Wednesday, March 13, 2002.
 
 

Met according to adjournment, at eleven o’clock A.M., with Mr. Quinn of Dartmouth 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, our hearts and minds acknowledge and respond joyfully to the wonderful human, capital and material resources with which You have blessed our nation. Inspire us to use these gifts and blessings in a thoughtful, creative and reasoned manner. In our technological age with such a vast amount of factual (and sometimes non-factual) information, grant us the patience and capacity to seek and find truth as we propose legislation. Teach us to select legislative options which are reasonable and not merely emotional in coping with the day’s challenges and uncertainties. Inspire us to be leaders who, by our measured responses to the difficult issues before us, build hope, trust and confidence in our judgements and in our basic institutions.

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

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

Quorum Roll Call.

The Speaker having taken the Chair and 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 138 members were recorded as being in attendance.

[See Yea and Nay No. 271 in Supplement.]

Therefore a quorum was present.

Silent Prayer.

At the request of the Speaker, the members, guests and employees stood in a moment of silent prayer to the memory of Michael A. Smith, an employee of the House from 1965 to 2002, inclusive.

Statement of Representative Ayers of Quincy.

A statement of Mr. Ayers of Quincy 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. Any roll calls that I may have missed today is due entirely to the reason stated.

Statement Concerning Representative Candaras of Wilbraham.

A statement of Mr. DiMasi of Boston concerning Ms. Candaras of Wilbraham 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 Candaras of Wilbraham, will not be present in the House Chamber for today’s sitting due to an unavoidable circumstance. Any roll calls that she may miss today will be due entirely to the reason stated.

Statement of Representative Linsky of Natick.

A statement of Mr. Linsky of Natick 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 my district. Any roll calls that I may have missed today is due entirely to the reason stated.

Statement Concerning Representative Peterson of Grafton.

A statement of Mr. Marini of Hanson concerning Mr. Peterson of Grafton 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 Peterson of Grafton, will not be present in the House Chamber for today’s sitting due to a previously planned trip on official business to our nation’s Capitol. Any roll calls that he may miss today will be due entirely to the reason stated.

Statement Concerning Representative Verga of Gloucester.

A statement of Mr. DiMasi of Boston concerning Mr. Verga of Gloucester 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 Verga of Gloucester, 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.

Reports of Committees.

Mr. Scaccia of Boston, for the committee on Rules, on the Order relative to authorizing the committee on Public Service to make an investigation and study of certain House documents concerning active and retired public employees (House, No. 4312) reported, in part, asking to be discharged from further consideration

Of the petition (accompanied by bill, House, No. 875) of Brian S. Dempsey for legislation to provide for an early retirement incentive program for public employees; and

Of the petition (accompanied by bill, House, No. 1290) of the National Association of Government Employees and Brian S. Dempsey that cities and towns be authorized to establish early retirement plans for municipal employees;

And recommending that the same severally be recommitted to the committee on Public Service.

Under Rule 42, the reports severally were considered forthwith; and they were accepted.

By Mrs. Parente of Milford, for the committee on Long-Term Debt and Capital Expenditures, that the Bill providing for certain transportation improvements (Senate, No. 2245, amended) ought to pass with certain amendments by striking out all after the enacting clause and inserting in place thereof the text contained in House document numbered 4952; and by striking out the emergency preamble and inserting in place thereof the following emergency preamble:

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide for a program of capital transportation development and improvements in the Commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”. [General Obligation Bonds: $260,000,000.00]. Referred, under Rule 33, to the committee on Ways and Means, with the amendments pending.

Orders of the Day.

House bills

Relative to the unlicensed practice of engineering and land surveying (House, No. 2894) (its title having been changed by the committee on Bills in the Third Reading);

Relative to workers’ compensation coverage for sole proprietors, partnerships and corporate officers (House, No. 4348, amended);

Authorizing the town of Amherst to acquire easements and to construct sewerage pumping stations and related facilities thereon (House, No. 4462) (its title having been changed by the committee on Bills in the Third Reading); and

Authorizing the commissioner of the Division of Capital Asset Management and Maintenance to convey certain land in the town of Westborough (House, No. 4844) (its title having been changed by the committee on Bills in the Third Reading);

Severally reported by said committee to be correctly drawn, were read a third time; and they were passed to be engrossed. Severally sent to the Senate for concurrence.

Senate bills

Designating a walking path at Squantum Point Park as the Janet Niles Murphy Walkway (Senate, No. 627);

Providing for a charter for the town of Sandwich (Senate, No. 2192, changed); and

Relative to credit union real estate loans (Senate, No. 2214); and

House bills

Relative to cities and towns borrowing outside their debt limit (House, No. 1371);

Relative to creditable service for town moderators (House, No. 1469);

Relative to advertising or sale of insurance on the Internet (House, No. 3121);

Relative to the establishment of a special police force in the town of Agawam (House, No. 4190);

Authorizing the Division of Capital Asset Management and Maintenance to convey certain easements to the city of Gardner (House, No. 4821);

Relative to the withdrawal of candidates nominated for elective office in the city of Malden (House, No. 4879);

Providing for the recall of elected officials in the city of Salem (House, No. 4880, changed);

Validating certain actions and authorizing certain reimbursements by the town of Oak Bluffs (printed in House, No. 4906); and

Authorizing the certification and appointment of Kelly L. Reynolds as a police officer in the town of Wilmington (House, No. 4920);

Severally were read a second time; and they were ordered to a third reading.

At twenty minutes after eleven o’clock A.M., on motion of Mr. Casey of Winchester (Mr. Quinn of Dartmouth being in the Chair), the House recessed until half past one o’clock P.M.; and at that time the House was called to order with the Speaker in the Chair.

Mrs. Harkins of Needham being in the Chair,—

The House Bill concerning high school diplomas and veterans of World War II and the Korean War (House, No. 2874, changed) was read a second time.

The amendments previously recommended by the committee on Ways and Means,— that the bill be amended in section 1, in lines 9 and 10, by striking out the words “who withdrew from high school prior to graduation in order to serve in the armed forces of the United States” and inserting in place thereof the words “who withdrew from secondary school prior to graduation from high school in order to serve in the armed forces of the United States [A] or the National Civilian Conservation Corps”; and by adding at the end thereof the following section:—

“SECTION 2. The provisions of this act shall not invalidate any diploma awarded by a school committee prior to the passage of this act to individuals who meet the criteria set forth to receive diplomas in section 1 of this act.”,— were adopted.

After debate on the question on passing the bill, as amended, to a third reading, the sense of the House was taken by yeas and nays, at the request of Mr. Marini of Hanson; and on the roll call 151 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 272 in Supplement.]

Therefore the bill (House, No. 2874, changed and amended) was ordered to a third reading.

The House Bill relative to the assignment of prizes from the Massachusetts State Lottery (House, No. 3093) was read a second time.

The amendments previously recommended by the committee on Ways and Means,— that the bill be amended in line 53 by inserting after the word “assignments.” the following sentence: “On or before February 15 of each year, the commission shall submit an annual report to the house and senate committees on ways and means detailing the administrative expenses and costs, both direct and indirect, to the commission to process voluntary assignments pursuant to subsection (D), the amount assignments processed pursuant to subsection (D) during the previous calendar year, the amount of fees, in total and per transaction, charged and collected by the commission during the previous calendar year to cover said expenses and costs, and a projection by the commission relative to the anticipated number of assignments to be processed pursuant to said subsection and the anticipated amount of revenues to be collected pursuant to said assignments for the next calendar year.”; and in lines 79 to 117, inclusive, by striking out the two paragraphs contained therein and inserting in place thereof the following two paragraphs:

“(I) Nothing in this chapter shall exempt an assignee or person acting as a broker, agent, or intermediary for an assignee from the licensure requirement and other rules and restrictions imposed by and pursuant to section 96 of chapter 140.

(J) A court order obtained pursuant to subsection (D), together with all such prior orders shall not require the commission to divide any single prize payment among more than 3 different persons.”,—were adopted.

The bill (House, No. 3093, amended) then was ordered to a third reading.

The House Bill relative to labor relations (House, No. 4889) was read a second time; and it was ordered to a third reading.

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.

Mr. Connolly of Everett then moved that as a mark of respect to the memory of Michael A. Smith, an employee of the House Clerks’ Office from Everett from 1965 to 2002, inclusive, the House adjourn; and the motion prevailed.

Accordingly, without further consideration of the remaining matters in the Orders of the Day, at twenty-eight minutes before three o’clock P.M., on further motion of Mr. Connolly (Mrs. Harkins of Needham being in the Chair), the House adjourned, to meet tomorrow at eleven o’clock A.M., in an Informal Session.