JOURNAL OF THE HOUSE.
Thursday, March 14, 2002.
 
 

Met at eleven minutes past eleven o’clock A.M., in an Informal Session, with Mr. Rogers of Norwood 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, during this moment of prayer, we profess our trust, faith and hope in You, Our Creator. In a spirit of humility, we continue to ask for Your guidance as we strive to serve You and the primary interests of the people. This weekend, we celebrate a state holiday, Evacuation Day, and the feast of St. Patrick. This morning, we honor St. Patrick by reciting a part of his famous prayer.

May the peace of God guide you.

May the wisdom of God teach You.

May the eye of God watch over you.

May the ear of God hear you.

May the hand of God protect you.

May the love of God overpower you.

Grant Your blessings to the Speaker, the members and employees of this House and their families. Amen.

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

Messages from the Acting Governor.

A message from Her Honor the Lieutenant-Governor, Acting Governor (under the provisions of Section 8 of Article LXXXIX of the Amendments to the Constitution) recommending legislation relative to a voting precinct in the town of Dracut (House, No. 4954) was filed this day in the office of the Clerk.

The message was read; and it was referred, under Rule 30, with the accompanying draft of a bill, to the committee on Election Laws. Sent to the Senate for concurrence.

A message from Her Honor the Lieutenant-Governor, Acting Governor (under the provisions of Section 8 of Article LXXXIX of the Amendments to the Constitution) recommending legislation relative to certain property tax assessments in the town of Windsor (House, No. 4955) was filed this day in the office of the Clerk.

The message was read; and it was referred, under Rule 30, with the accompanying draft of a bill, to the committee on Taxation. Sent to the Senate for concurrence.

Resolutions.

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

Resolutions (filed by Mr. Kujawski of Webster) congratulating the Webster EMS for their efforts to promote “Inhalants and Poisons Awareness Week” in the town of Webster; and

Resolutions (filed by Mr. Linsky of Natick) honoring Chief Richard W. Fredette;

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

Orders.

The following order (filed by Mr. Tobin of Quincy) was referred, under Joint Rule 30, to the committees on Rules of the two branches, acting concurrently:

Ordered, That, notwithstanding the provisions of Joint Rule 10, the committee on Criminal Justice be granted until Friday, March 22, 2002, the time within which to make its final report on current Senate document numbered 2122.

Mr. Scaccia of Boston, for the committees on Rules, then reported that the order ought to be adopted. Under suspension of the rules, on motion of Mr. Fitzgerald of Boston, the order was considered forthwith; and it was adopted. Sent to the Senate for concurrence.

The following order (filed by Mr. Casey of Winchester) was referred, under Joint Rule 30, to the committees on Rules of the two branches, acting concurrently:

Ordered, That, notwithstanding the provisions of Joint Rule 10, the committee on Taxation be granted until Wednesday, April 3, 2002, the time within which to make its final report on current House document numbered 4935.

Mr. Scaccia of Boston, for the committees on Rules, then reported that the order ought to be adopted. Under suspension of the rules, on motion of Mr. Casey, the order was considered forthwith; and it was adopted. Sent to the Senate for concurrence.

Communications.

A communication from the committee on Energy submitting comments relative to the Division of Energy Resources proposed renewable energy portfolio standard regulation, was spread upon the records of the House; and sent to the Senate for its information.

Communications

From the Office of the Inspector General submitting its report on federal laws regarding fraud, false statements, and bid rigging in public contracting; and

From the Division of Professional Licensure (under the provisions of Section 469 of Chapter 159 of the Acts of 2000) submitting a report of the special commission on complementary and alternative medical practitioners;

Severally were placed on file.

Petitions.

Mr. Swan of Springfield presented a petition (accompanied by bill, House, No. 4953) of Benjamin Swan and other members of the General Court (with the approval of the mayor and city council) relative to establishing an early retirement incentive program for certain employees in the city of Springfield; and the same was referred to the committee on Public Service. Sent to the Senate for concurrence.

Petitions severally were presented and referred as follows:

By Mr. Bradley of Hingham (by request), petition (subject to Joint Rule 12) of Mo Labonte relative to income tax credits.

By Mr. Falzone of Saugus, petition (subject to Joint Rule 12) of Mark V. Falzone and other members of the General Court relative to the expanded use of the bone marrow database.

By Mr. Frost of Auburn (by request), petition (subject to Joint Rule 12) of Paul Noack relative to prohibiting town employees and elected town officials from serving as town meeting members.

By the same member (by request), petition (subject to Joint Rule 12) of Clair Ann Gervais relative to certain deductions under the income tax laws.

By Mr. Coppola of Foxborough, petition (subject to Joint Rule 12) of Michael J. Coppola, Elizabeth A. Poirier, Jo Ann Sprague, Scott P. Brown, John A. Lepper and others for legislation to designate a portion of Route 1 in the town of Foxborough as the home of the New England Patriots Super Bowl XXXVI Champions.

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

Papers from the Senate.

The House Bill making appropriations for the fiscal year 2002 to provide for supplementing certain existing appropriations and for certain other activities and projects (House, No. 4914) came from the Senate passed to be engrossed, in concurrence, with an amendment striking out all after the enacting clause and inserting in place thereof the text contained in Senate document numbered 2279.

Under suspension of Rule 35, on motion of Mr. Dempsey of Haverhill, the amendment (reported by the committee on Bills in the Third Reading to be correctly drawn) was considered forthwith.

Mr. Donnelly then moved that the House concur with the Senate its amendment with a further amendment in section 4, in lines 15 to 18, inclusive, by striking out the following: “; provided further, that the salary savings by trial court employee participation in the early retirement program as a result of sections 3 and 4 of this act shall be used only to rehire employees of the trial court laid off on March 1, 2002”; and by adding at the end of said section the following 8 sentences: “Notwithstanding the provisions of section 71 of chapter 177 of the Acts 2001, any salary savings accrued to the trial court as a result of trial court employee participation in the early retirement program established pursuant to chapter 218 of the Acts of 2001 shall be used to rehire and recall employees of the trial court laid off on March 1, 2002 in a ratio which rehires and recalls one employee laid off from a statutorily established position with two union employees laid off from a union position; provided, that the recall of such union employees shall be accomplished in a manner negotiated between the trial court and the applicable union. The amount of salaries restored pursuant to the provisions of this section shall not exceed $240,000 in fiscal year 2002 and $960,000 in fiscal year 2003. The chief justice for administration and management of the trial court shall transfer amounts to such items of appropriation from which personnel savings due to layoffs were achieved during fiscal year 2002 in order to effectuate the rehire and recall of employees pursuant to this section. Any employee rehired and recalled pursuant to the provisions of this section shall be recalled forthwith and restored effective April 1, 2002. Notwithstanding any general or special law to the contrary, the chief justice for administration and management of the trial court, when filling positions vacated due to layoffs effective March 1, 2002, shall first offer any restored positions to the employee who held it prior to the layoff. The chief justice for administration and management of the trial court may transfer any remaining savings accrued during fiscal year 2002 due to the implementation of this act to any other item of the appropriation in deficiency. Employees rehired and recalled to positions pursuant to the provisions of this section shall be deemed to have remained in continuous service without loss of creditable service for retirement purposes and for the purposes of group health or life insurance, but shall not receive compensation or accrue vacation or sick time for any period during which he did not perform the duties of his office due solely to such layoff. This section shall not apply to any short-term layoff or temporary furlough of a specified duration, whether voluntary or pursuant to a collective bargaining agreement.”.

The further amendment was adopted.

Mr. Koczera of New Bedford then moved that the House concur with the Senate in its amendment, as amended, with a further amendment striking out section 8 and inserting in place thereof the following section:

“SECTION 8. Section 14 of said chapter 219 is hereby amended by adding the following two paragraphs:—

Notwithstanding the provisions of clause (v) of section 1 of chapter 219 of the Acts of 2001, employees of the Massachusetts development finance agency who are contributing members of the state retirement system and who otherwise meet the eligibility provided in section 1 shall be eligible to apply with the board of retirement, not later than May 15, 2002, and shall be eligible for the retirement incentive program; provided, however, that the Massachusetts development finance agency shall be responsible for all costs associated with payments in lieu of accrued vacation time, unused sick leave or other benefits for those eligible members of the state retirement system who elect to retire under the retirement incentive program; and provided further, that the effective retirement date for such employees shall be not later than June 30, 2002.

Notwithstanding said clause (v) of said section 1 of said chapter 219,employees of educational collaboratives who are contributing members of the state retirement system and who have attained the age of 55 and have 25 years of creditable service in said state retirement system may apply with the board of retirement, not later than May 15, 2002, and shall be eligible for the retirement incentive program; provided, however, that the educational collaborative from which the employee retires shall be responsible for all costs associated with payments in lieu of accrued vacation time, unused sick leave or other benefits for those eligible members of the state retirement system who elect to retire under the retirement incentive program; and provided further, that the effective retirement date for such employees shall not be later than June 30, 2002.”.

The further amendment was adopted.

Mr. Jones of North Reading then moved that the House concur with the Senate in its amendment, as amended, with further amendments in section 4, in line 12, by striking out the date: “March 22, 2002” and inserting in place thereof the date: “March 29, 2002”, and in line 15 by striking out the date: “March 29, 2002” and inserting in place thereof the date: “April 5, 2002”; and in section 6, in line 14, by striking out the date: “March 22, 2002” and inserting in place thereof the date: “April 19, 2002”.

The further amendments were adopted. The House then concurred with the Senate in its amendment, as amended. Sent to the Senate for concurrence in the further amendments.

An order came from the Senate with the endorsement that it had been adopted by said branch, as follows:

Ordered, That, notwithstanding the provisions of Joint Rule 10, [A] the committee on Transportation be granted until Wednesday, March 27, 2002 the time within which to report on current House document numbered 4232.

Under suspension of the rules, on motion of Mr. Koczera of New Bedford, the order was considered forthwith.

Pending the question on adoption of the order, in concurrence, the same member moved that it be amended by striking out [at “A”] the following: “the committee on Transportation be granted until Wednesday, March 27, 2002 the time within which to report on current House document numbered 4232” and inserting in place thereof the following: “joint standing committees and the committees on Rules of the two branches, acting concurrently, be granted until Wednesday, March 27, 2002, the time within which to report on all matters referred to them”.

The amendment was adopted; and the order, as amended, was adopted, in concurrence. Sent to the Senate for concurrence in the amendment.

A Bill designating Civilian Conservation Corps Day (Senate, No. 409, amended in line 2 by striking out the words “seventh day of April” (as printed) and inserting in place thereof the following: “March 31”) (on a petition), passed to be engrossed by the Senate, was read; and it was referred, under Rule 7A, to the committee on Steering, Policy and Scheduling.

Petitions were referred, in concurrence, under suspension of Joint Rule 12, as follows:

Petition (accompanied by bill, Senate, No. 2282) of Robert A. O’Leary, Therese Murray, Demetrius J. Atsalis, Shirley Gomes and other members of the General Court for legislation to authorize Barnstable County to make loans for the repair, replacement and upgrade of septic systems. To the committee on Counties.

Petition (accompanied by bill, Senate, No. 2283) of Harriette L. Chandler and John P. Fresolo for legislation relative to certain sewer lines in the city of Worcester. To the committee on Natural Resources and Agriculture.

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 following petitions:

Petition (accompanied by bill) of Marie J. Parente and Richard T. Moore relative to providing for an assistant clerk in the Milford District Court. To the committee on the Judiciary.

Petition (accompanied by bill) of John A. Hart, Jr., for legislation to direct the Division of Waterways to dredge the harbor area surrounding the Old Colony Yacht Club in the city of Boston; and

Petition (accompanied by bill) of Shirley Gomes and Robert A. O’Leary that the towns of Harwich and Eastham be authorized to regulate the operation of herring runs in said towns;

Severally to the committee on Natural Resources and Agriculture.

Petition (accompanied by bill) of Robert Correia, Thomas M. Finneran, Joan M. Menard and other members of the General Court relative to erecting a memorial on the Battleship USS Massachusetts in honor of the residents of the Commonwealth who were victims of terrorism on September 11, 2001. To the committee on State Administration.

Under suspension of the rules, on motion of Mr. Ruane of Salem, the reports were considered forthwith. Joint Rule 12 then was suspended, in each instance. Severally sent to the Senate for concurrence.

Mr. Scaccia of Boston, for the committee on Rules, on the Order relative to authorizing the committee on Commerce and Labor to make an investigation and study of certain Senate and House documents concerning unemployment insurance and business transactions (House, No. 4680) reported, in part, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 87) of Stephen F. Lynch for legislation to further regulate business practices between motor vehicle manufacturers, distributors and dealers,— and recommending that the same be recommitted to the committee on Commerce and Labor. Under Rule 42, the report was considered forthwith; and it was accepted.

By Mr. Tobin of Quincy, for the committee on Criminal Justice, that the recommitted Bill establishing the crime of communicating a terroristic threat (Senate, No. 2122) ought to pass.

Under suspension of the rules, on motion of Mr. Koczera of New Bedford, the bill was placed in the Orders of the Day for the next session for a second reading, with the amendments previously recommended by the committee on Science and Technology pending.

Orders of the Day.

The House Bill relative to betterment assessments for sewerage facilities in the town of Millbury (House, No. 1507), reported by the committee on Bills in the Third Reading to be correctly drawn, was read a third time; and it was passed to be engrossed. Sent to the Senate for concurrence.

The House Bill relative to the concurrent jurisdiction of the Land Court (House, No. 1989, changed), reported by the committee on Bills in the Third Reading to be correctly drawn, was read a third time.

Pending the question on passing the bill to be engrossed, Mr. Donnelly of Boston moved that it be amended in section 7, in lines 30 and 31, by striking out the word “wetlands”.

The amendment was adopted; and the bill (House, No. 1989, changed and amended) was passed to be engrossed. Sent to the Senate for concurrence.

The House Bill establishing standards for stage II vapor recovery systems (House, No. 4379) was read a second time.

The amendment previously recommended by the committee on Ways and Means,— that the bill be amended in line 19 by striking out the word “believes” and inserting in place thereof the words “determines that”,— was adopted.

Pending the question on ordering the bill, as amended, to a third reading, Mr. Marini of Hanson and other members of the House moved that it be amended in line 20 by inserting after the word “occurred.” the following sentence: “The department shall not assess a fine for violation of Stage II system rules until such time as the department has issued a notification of violation and it has been served to the motor vehicle fuel dispensing facility owner and operator.”.

The amendment was adopted; and the bill (House, No. 4379, amended) then was ordered to a third reading.

Recesses.

At eleven minutes before one o’clock P.M., on motion of Mr. Jones of North Reading (Mr. Rogers of Norwood being in the Chair), the House recessed until half past two o’clock; and at that time the House was called to order with Mr. Rogers of Norwood in the Chair.

The Chair (Mr. Rogers of Norwood) thereupon declared a further recess, subject to the call of the Chair; and at seven minutes before three o’clock the House was called to order with Mr. Rogers of Norwood in the Chair.

The House thereupon took a further recess, on motion of Mr. Jones of North Reading, until half past three o’clock; and at six minutes before four o’clock the House was called to order with Mr. Stanley of Waltham in the Chair.

Emergency Measure.

The engrossed Bill making appropriations for the fiscal year 2002 to provide for supplementing certain existing appropriations and for certain other activities and projects (see House, No. 4914, amended), having been certified by the Clerk to be rightly and truly prepared for final passage, was considered, the question being on adopting the emergency preamble.

A separate vote was taken, as required by the provisions of Article XLVIII (as amended by Article LXVII) of the Amendments to the Constitution; and the preamble was adopted, by a vote of 4 to 0. Sent to the Senate for concurrence.

Subsequently, the Senate having concurred in adoption of the emergency preamble, the bill (which originated in the House) was passed to be enacted; and it was signed by the acting Speaker and sent to the Senate.

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.