JOURNAL OF THE HOUSE.
Thursday, March 13, 2003.
 
 
Met according to adjournment, at eleven o’clock A.M., in an Informal Session, with Mr. Rodrigues of Westport 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, we depend upon You and Your assistance as we struggle to achieve personal fulfillment and the ultimate purpose for which we have been created by You. St. Patrick, whose feast day we celebrate on Monday, a holiday, was well aware of Your presence in his life and the necessity of Your help in faithfully carrying out his responsibilities. The day is one both of enjoyment and fun as well as spiritual reflection. This prayer of St. Patrick reflects his spiritual priorities:
May the power of God guide you,
     the wisdom of God teach you,
the eye of God watch over you,
     the hand of God protect you,
the ways of God remain open to You and
     the grace of God shine upon you.
Bestow Your blessings on the Speaker, the members and employees of this House and their families. Amen.
At the request of the Chair (Mr. Rodrigues), 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. LeDuc of Marlborough) congratulating the Assabet Valley Mastersingers on the occasion of its twenty-fifth anniversary; and
Resolutions (filed by Representatives Swan of Springfield and Rogeness of Longmeadow) honoring Massachusetts Mutual Life Insurance Company;
Mr. DiMasi 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. Correia of Fall River, the resolutions (reported by the committee on Bills in the Third Reading to be correctly drawn) were considered forthwith; and they were adopted.

Communications.

A communication from the Public Employee Retirement Administration Commission (PERAC) (under the provisions of Section 50 of Chapter 7 of the General Laws) relative to travel-related expenses of the members and staff of the retirement board (House, No. 3717) was referred to the committee on Public Service. Sent to the Senate for concurrence.

The following communications were read for the information of the House:
Communications
From Wonderland Greyhound Park, Inc. (under the provisions of Paragraph 7 of Section 2 of Chapter 128C of the General Laws) submitting copies of contracts for the simulcasting of dog races;
From the Department of Youth Services (under the provisions of Section 16 of Chapter 123A of the General Laws) in lieu of a report on the commitment of sexually dangerous persons; and
From the Executive Office of Elder Affairs (under the provisions of Section 39of Chapter 19A of the General Laws) relative to the approval of proposed changes in the Prescription Advantage Program;
Severally placed on file.

Annual and Special Reports.

The annual report of the Executive Office of Elder Affairs (under the provisions of Section 39 of Chapter 19A of the General Laws) relative to the Prescription Advantage Plan for the year ending December 31, 2002; and
Reports
Of the Massachusetts Port Authority (under the provisions of Section 57 of Chapter 246 of the Acts of 2002) relative to the use of fast lane transponders at the Tobin Memorial Bridge; and
Of the Secretary of the Commonwealth (under the provisions of Section (2JJJ) of Chapter 29 of the General Laws) on the Registers Technological Fund Spending Plan;
Severally were placed on file.

Petitions.

Petitions severally were presented and referred as follows:
By Mr. Swan of Springfield, petition (accompanied by bill, House, No. 3715) of Benjamin Swan (with the approval of the mayor and city council) that the city of Springfield be authorized to establish a mandatory school uniform program. To the committee on Education, Arts and Humanities.
By the same member, petition (accompanied by bill, House, No. 3716) of Michael J. Albano (mayor) and Benjamin Swan (with the approval of the city council) that the city of Springfield be authorized to abate certain real property taxes on land leased to Peter Pan Bus Lines, Incorporated. To the committee on Taxation.
Severally sent to the Senate for concurrence.

Petitions (deposited with the Clerk previously to five o’clock in the afternoon on Wednesday, December 4, 2002) were presented and they were severally referred as follows:
By Mr. Demakis of Boston, petition (subject to Joint Rule 7B) of Paul C. Demakis, Susan C. Fargo and Byron Rushing for legislation to reduce the surcharge on the rental of motor vehicles in the city of Boston.
By the same member, petition (subject to Joint Rule 7B) of Paul C. Demakis and Byron Rushing for legislation to reduce the surcharge on the rental of motor vehicles in the city of Boston.
By Mr. Scaccia of Boston, petition (subject to Joint Rule 7B) of Thomas M. Menino, Angelo M. Scaccia, Kevin G. Honan and Eugene L. O’Flaherty relative to the retirement of teachers in the city of Boston.
By Mr. Swan of Springfield, petition (subject to Joint Rule 7B) of Benjamin Swan, Gale D. Candaras, Cheryl A. Rivera and Christopher P. Asselin that the retirement board of the city of Springfield be authorized to pay certain surviving spouse benefits to Gloria Sears.
By the same member, petition (subject to Joint Rule 7B) of Benjamin Swan, Gale D. Candaras, Cheryl A. Rivera and Christopher P. Asselin that the retirement board of the city of Springfield be authorized to pay certain surviving spouse benefits to Mary Hoar.
By the same member, petition (subject to Joint Rule 7B) of Benjamin Swan, Gale D. Candaras, Cheryl A. Rivera and Christopher P. Asselin relative to postponing the requirement that public school students in the city of Springfield pass the Massachusetts Comprehensive Assessment System test, so-called, prior to graduation.
By the same member, petition (subject to Joint Rule 7B) of Benjamin Swan, Linda J. Melconian, Gale D. Candaras, Cheryl A. Rivera, Thomas M. Petrolati and Christopher P. Asselin for legislation to certify provisional employees within the city of Springfield as permanent employees.
By the same member, petition (subject to Joint Rule 7B) of Benjamin Swan, Gale D. Candaras, Cheryl A. Rivera and Christopher P. Asselin relative to drag racing in the city of Springfield.
Severally, under Rule 24, to the committee on Rules.

Petitions (deposited with the Clerk previously to five o’clock in the afternoon on Wednesday, December 4, 2002) were transmitted to the State Secretary under Chapter 3 of the General Laws, as follows:
By Mr. DiMasi of Boston, petition (subject to Joint Rule 9) of Salvatore F. DiMasi relative to the reconstruction and relocation of the Green Line transit system from North Station to Science Park Station in the city of Boston.
By Mr. George of Yarmouth, petition (subject to Joint Rule 9) of Thomas N. George and Robert A. O’Leary relative to the trustees of the Jacob Sears Memorial Library in the town of Dennis.
By Ms. Gifford of Wareham, petition (subject to Joint Rule 9) of Susan Williams Gifford and Marc R. Pacheco (by vote of the town) for legislation to abolish the Wareham Economic and Industrial Development Corporation and the Wareham Community Development Authority and establish an economic development fund to be administered by said town.
By Mr. Larkin of Pittsfield, petition (subject to Joint Rule 9) of Peter J. Larkin, Anthony J. Verga and David P. Magnani relative to changing the name of the Corporation for Business, Work and Learning.
By the same member, petition (subject to Joint Rule 9) of Peter J. Larkin, Shaun P. Kelly, William Smitty Pignatelli and Andrea F. Nuciforo, Jr., relative to increasing the time in which real property owned by the Central Berkshire County Development Corporation may be exempt from taxation by the city or town in which such property is located.
By Mr. O’Flaherty of Chelsea, petition (subject to Joint Rule 9) of Eugene L. O’Flaherty relative to exempting a certain public waterfront walkway from the harbor line in the city of Boston.
By Mrs. Paulsen of Belmont, petition (subject to Joint Rule 9) of Anne M. Paulsen relative to establishing the Massrail corporation within the Massachusetts Bay Transportation Authority.
By Mr. Travis of Rehoboth, petition (subject to Joint Rule 9) of Philip Travis relative to the Massachusetts Credit Union Share Insurance Corporation.

Petitions severally were presented and referred as follows:
By Ms. Atkins of Concord, petition (subject to Joint Rule 12) of Edward Sonn and Cory Atkins relative to the taxation of trusts.
By Ms. Blumer of Framingham, petition (subject to Joint Rule 12) of Deborah D. Blumer and David P. Magnani relative to unemployment compensation for certain officers of corporations.
By Mr. Dempsey of Haverhill (by request), petition (subject to Joint Rule 12) of Tim Coco relative to telemarketing solicitation.
By Mr. Fallon of Malden, petition (subject to Joint Rule 12) of Christopher G. Fallon relative to establishing a conservation and wildlife lottery fund with funds generated by the creation of a new scratch card game within the State Lottery.
By the same member, petition (subject to Joint Rule 12) of Christopher G. Fallon relative to the non-renewal of motor vehicle insurance policies.
By Mr. Fresolo of Worcester, petition (subject to Joint Rule 12) of John P. Fresolo that certain employees of state gas or electric generating plants be placed in Group 4 of the public employees retirement law.
By Mr. Frost of Auburn (by request), petition (subject to Joint Rule 12) of Clair-Ann Gervais relative to the allowable deductions under Part B gross income for taxpayers in the Commonwealth.
By Mrs. Gomes of Harwich, petition (subject to Joint Rule 12) of Shirley Gomes and other members of the General Court for legislation to require interior lights on motor vehicles to be lit when said vehicle is stopped by a police officer between dusk and dawn.
By Mr. Hargraves of Groton, petition (subject to Joint Rule 12) of Robert S. Hargraves and Robert A. Antonioni (by vote of the town) relative to authorizing the Middlesex County Retirement Board to grant a superannuation pension to William F. Felton, a former highway superintendent of the town of Townsend.
By the same member, petition (subject to Joint Rule 12) of Robert S. Hargraves relative to regulating voting by regional retirement systems.
By Mr. Kafka of Sharon, petition (subject to Joint Rule 12) of Louis L. Kafka and other members of the General Court for legislation to prohibit the discontinuance of gas or electric service for non-payment by certain emergency service providers.
By Mr. Koutoujian of Newton, petition (subject to Joint Rule 12) of Peter Koutoujian for legislation to regulate medical examinations under personal injury protection clauses of motor vehicle insurance policies.
By Mr. Kulik of Worthington, petition (subject to Joint Rule 12) of Stephen Kulik relative to establishing a statewide, agricultural education program.
By Mr. Murphy of Lowell, petition (subject to Joint Rule 12) of Kevin J. Murphy, Thomas A. Golden, Jr., David M. Nangle and Stephen C. Panagiotakos for legislation to authorize the Department of Social Services to establish a sick leave bank for Ceylin Guillermo, an employee of said department.
By Mr. Nangle of Lowell, petition (subject to Joint Rule 12) of Thomas A. Golden, Jr., Stanley C. Panagiotakos, David M. Nangle and Kevin J. Murphy (with the approval of the mayor and city council) relative to the protection of the city of Lowell to control rents in certain governmentally involved housing in said city.
By Miss Reinstein of Revere, petition (subject to Joint Rule 12) of Kathi-Anne Reinstein, Michael E. Festa, Paul J. Donato, Edward G. Connolly, Byron Rushing and Robert A. DeLeo that the Water Resources Authority be directed to assess fees for the use of Boston Harbor to reduce water and sewer charges.
By Mr. Rogers of Norwood, petition (subject to Joint Rule 12) of John H. Rogers for legislation to authorize Donald Muldoon to purchase certain creditable service for retirement purposes.
Severally, under Rule 24, to the committee on Rules.

Papers from the Senate.

Petitions were referred, in concurrence, under suspension of Joint Rule 12, as follows:
Petition (accompanied by bill, Senate, No. 1957) of Charles E. Shannon, Vincent P. Ciampa, Andrea F. Nuciforo, Jr., Joan M. Menard and other members of the General Court for legislation to further regulate pharmacies. To the committee on Health Care.
Petition (accompanied by bill, Senate, No. 1958) of Linda J. Melconian and Benjamin Swan for legislation to establish a sick leave bank for Sharon Melvin-James, an employee of the Trial Court of the Commonwealth. To the committee on the Judiciary.

Reports 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 William C. Galvin for legislation to authorize the Department of Mental Retardation to establish a sick leave bank for Francie R. Minder, an employee of said department. Under suspension of the rules, on motion of Mr. Demakis of Boston, the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Service. Sent to the Senate for concurrence.

By Mr. Cabral of New Bedford, for the committee on Human Services and Elderly Affairs, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 2617) of Brian Paul Golden and other members of the General Court relative to establishing a program for production and modification of housing for persons with disabilities within the Executive Office of Health and Human Services,— and recommending that the same be referred to the committee on Housing and Urban Development; and
By Mr. Casey of Winchester, for the committee on Taxation, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 849) of Stephen Kulik and other members of the General Court relative to promoting the sale of local farm products through tax incentives and other methods,— and recommending that the same be referred to the committee on Natural Resources and Agriculture.
Under Rule 42, the reports severally were considered forthwith; and they were accepted. Severally sent to the Senate for con­currence.

By Mr. Greene of Billerica, for the committee on Natural Resources and Agriculture, on a petition, a Bill removing the town of Oak Bluffs from membership in the Martha’s Vineyard Commission (House, No. 2114, changed in section 2, in line 2, by striking out the words “the next annual town election” and inserting in place thereof the words “a special town election to be held on May 13, 2003”) [Local Approval Received]. 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 Mrs. Paulsen of Belmont, the bill was read a second time forthwith; and it was ordered to a third reading.

Recess.

At eleven minutes after eleven o’clock A.M., on motion of Mr. Correia of Fall River (Mr. Rodrigues of Westport being in the Chair), the House recessed until half past two o’clock P.M.; and at that time the House was called to order with Mr. DiMasi of Boston being in the Chair.

Order.

On motion of Mr. Finneran of Boston,—
Ordered, That when the House adjourns today, it adjourn to meet on Tuesday next at eleven o’clock A.M.

At twenty-five minutes before three o’clock P.M., on motion of Mr. Demakis of Boston (Mr. DiMasi of Boston being in the Chair), the House adjourned, to meet on Tuesday next at eleven o’clock A.M., in an Informal Session.