JOURNAL OF THE HOUSE.
Thursday, March 20, 2003.
Met at seven minutes after eleven
o’clock A.M., with Mr. DiMasi of Boston 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:
God, Our Creator, at the opening
of today’s full formal session, we proclaim our trust in You, our
faith in You and our love for You. We depend upon Your guidance and direction
as we evaluate and take up the items on today’s legislative calendar.
Grant us the wisdom and the patience to cope with the present armed conflict
overseas and the possibility of terrorist activities on the home front.
May the loss of human life and injuries to innocent people be very small.
In this changing world of new realities, inspire us to organize our personal
and legislative agenda and priorities carefully, so that we meet the needs
of the times and the reasonable expectations of the people. Teach us to
live peacefully in our diverse communities and to respect all individuals
and their diverse political views. May our prayers for peace throughout
the world be answered quickly so that our own military personnel may return
to their homes and families and the family of nations live in harmony.
Grant Your blessings to the Speaker,
the members and employees of this House and their families. Amen.
At the request of the Chair (Mr.
DiMasi), the members, guests and employees joined with him in reciting
the pledge of allegiance to the flag.
Statement Concerning
Representative Bosley of North Adams.
A statement of Mr. Petrolati of
Ludlow concerning Mr. Bosley of North Adams 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 Bosley of North Adams, will not be present
in the House Chamber for today’s sitting due to official business
outside of the State House. Any roll calls that he may miss today is due
entirely to the reason stated.
Statement Concerning
Representative Coppola of Foxborough.
A statement of Mr. Jones of North
Reading concerning Mr. Coppola of Foxborough 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 Coppola of Foxborough, will not be present
in the House Chamber for today’s sitting due to a previously scheduled
medical procedure. Any roll calls that he may miss today is due entirely
to the reason stated.
Statement Concerning
Representative Donato of Medford.
A statement of Mr. Petrolati of
Ludlow concerning Mr. Donato of Medford 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 Donato of Medford, was not present in the
House Chamber for today’s sitting due to a scheduling conflict.
If present for today’s sitting, he would have voted in the affirmative
on the question on adoption of Resolutions relative to declaring that
Matthew C. Patrick was duly elected Representative to the General Court.
Any roll calls that he missed today is due entirely to the reason stated.
Statement
Concerning Representative Festa of Melrose.
A statement of Mr. Petrolati of
Ludlow concerning Mr. Festa of Melrose 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 Festa of Melrose, will not be present in
the House Chamber for today’s sitting due to official business outside
of the Commonwealth. Any roll calls that he may miss today is due entirely
to the reason stated.
Statement of Representative
Galvin of Canton.
A statement of Mr. Galvin of Canton
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
of Representative Grant of Beverly.
A statement of Ms. Grant of Beverly
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 not
present in the House Chamber for a portion of today’s sitting due
to attending the funeral of a very close family friend. Any roll calls
that I may have missed today is due entirely to the reason stated.
Statement
of Representative Hall of Westford.
A statement of Mr. Hall of Westford
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
because I was on official business in another part of the State House;
and was not notified that a roll call was in progress. Any roll calls
that I may have missed today is due entirely to the reason stated.
Statement
of Representative Honan of Boston.
A statement of Mr. Honan of Boston
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
because I was on official business in another part of the State House;
and was not notified that a roll call was in progress. Any roll calls
that I may have missed today is due entirely to the reason stated.
Statement of Representative
Kulik of Worthington.
A statement of Mr. Kulik of Worthington
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 Rogeness of Lonqmeadow.
A statement of Mr. Jones of North
Reading concerning Ms. Rogeness of Longmeadow 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 Rogeness of Longmeadow, will not be present
in the House Chamber for today’s sitting due to previously scheduled
family business outside of the Commonwealth. Any roll calls that she may
miss today is due entirely to the reason stated.
Statement of Representative
Spellane of Worcester.
A statement of Mr. Spellane of
Worcester 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.
Quorum.
Mr. Peterson of Grafton asked
for a count of the House to ascertain if a quorum was present. The Chair
(Mr. DiMasi of Boston), 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 121 members were recorded as being in attendance.
Therefore a quorum was present.
Resolutions.
The following resolutions (filed
with the Clerk) were referred, under Rule 85, to the committee on Rules:
Resolutions (filed by Representatives
Donovan of Woburn and Casey of Winchester) congratulating Joseph Cioni
on the occasion of his retirement;
Resolutions (filed by Messrs.
Kafka of Sharon and Galvin of Canton) congratulating Gary M. Slate on
receiving the Eagle Award of the Boy Scouts of America;
Resolutions (filed by Messrs.
Murphy of Burlington and Kaufman of Lexington) congratulating Marie
Buckley Kelly on the occasion of her one hundredth birthday; and
Resolutions (filed by Representatives
Owens-Hicks of Boston, Rushing of Boston, Fox of Boston, St. Fleur of
Boston and Swan of Springfield) honoring Reverend Dr. John H. Womack,
Sr., on the occasion of his tenth anniversary of Pastoral Leadership at
Metropolitan Baptist Church;
Mrs. Harkins of Needham, 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. Rushing, 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. Frost of Auburn, petition
(accompanied by bill, House, No. 3721) of Paul K. Frost and Guy W. Glodis
(by vote of the town) that the town of Millbury be authorized to issue
four additional licenses for the sale of all alcoholic beverages to be
drunk on the premises. To the committee on Government Regulations.
By Mr. Kane of Holyoke, petition
(accompanied by bill, House, No. 3722) of Michael R. Knapik and Michael
F. Kane (with the approval of the mayor and city council) relative to
the payment in lieu of taxes by the geriatric authority of the city of
Holyoke to said city. To the committee on Taxation.
Severally sent to the Senate for
concurrence.
Mr. Kennedy of Brockton (by request)
presented a petition (subject to Joint Rule 12) of Arlene Bushey for legislation
to require that sales receipts contain the name of the business issuing
said receipt; and the same was referred, under Rule 24, to the committee
on Rules.
Papers from the Senate.
Reports
Of the committee on Government
Regulations, asking to be discharged from further consideration
Of the petition (accompanied by
bill, Senate, No. 428) of Joan M. Menard for legislation relative to the
certification of speech language pathology assistants and audiology assistants,—
and recommending that the same be referred to the committee on Health
Care.
Of the petition (accompanied by
bill, Senate, No. 488) of Susan C. Tucker, Richard T. Moore, Robert M.
Koczera, Jarrett T. Barrios and other members
of the General Court for legislation relative to the licensure of social
workers,— and recommending that the same be referred to the committee
on Human Services and Elderly Affairs.
Of the petition (accompanied by
bill, Senate, No. 409) of Guy W. Glodis, Robert A. DeLeo, Paul Kujawski,
Emile J. Goguen and Robert L. Hedlund for legislation relative to the
registration of armored car companies and the training and licensure of
armored car guards; and
Of the petition (accompanied by
bill, Senate, No. 449) of Michael W. Morrissey
for legislation relative to the composition, compensation and duties of
the Board of Elevator Regulations members;
And recommending that the same
severally be referred to the committee on Public Safety.
Severally accepted by the Senate,
were considered forthwith, under Rule 42; and they were accepted, in concurrence.
The twenty-sixth annual report
of the Massachusetts Capital Resource Company (under the provisions of
Section 20 of Chapter 816 of the Acts of 1977) (Senate, No. 1959)
was referred, in concurrence, to the committee on Taxation.
Reports of the Department of Public
Health (under the provisions of Sections 5 and 20 of Chapter 111 of the
General Laws) relative to inspections of certain correctional facilities,
as follows:
Of the Western Massachusetts Correctional
Alcohol Center, in the city of Springfield; and
Of the Minimum Security Facility,
Annex, Work Release and Warehouse at the Worcester County House of Correction
and Jail, in the town of West Boylston;
Severally were spread upon the
records of the House; and returned to the
Senate.
Petitions were referred, in concurrence,
under suspension of Joint Rule 12, as follows;
Petition (accompanied by bill,
Senate, No. 1961) of Richard T. Moore for legislation to ban the sale
of ephedra. To the committee on Health Care.
Petition (accompanied by bill,
Senate, No. 1962) of Steven A. Baddour for legislation to ensure equitable
calculation for mental health services. To the committee on Human Services
and Elderly Affairs.
Petition (accompanied by bill,
Senate, No. 1963) of Andrea F. Nuciforo, Jr., and William Smitty Pignatelli
for legislation relative to the abatement of personal property taxes.
To the committee on Taxation.
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 7B be suspended on the petition of
J. Michael Ruane relative to establishing an affordable housing trust
fund in the city of Salem. Under suspension of the rules, on motion of
Mr. Ruane of Salem, the report was considered forthwith. Joint Rule 7B
was suspended; and the petition (accompanied by bill) was referred to
the committee on Housing and Urban Development. Sent to the Senate for
concurrence.
Engrossed Bill.
The engrossed Bill removing the
town of Oak Bluffs from membership in the
Martha’s Vineyard Commission (see House, No. 2114, changed)
(which originated in the House), having been certified by the Clerk to
be rightly and truly prepared for final passage, was passed to be enacted;
and it was signed by the acting Speaker and sent to the Senate.
Recess.
At half past eleven o’clock
A.M., on motion of Mr. O’Flaherty of Chelsea (Mr. DiMasi of Boston
being in the Chair), the House recessed until one o’clock P.M.;
and at ten minutes after one o’clock the House was called to order
with Mr. Petrolati of Ludlow in the Chair).
Order.
On motion of Mr. DiMasi of Boston,—
Ordered, That,
notwithstanding the provisions of the rules, the Speaker shall assign
a court officer to cast the votes, except for quorum roll calls, of the
Chairman of the committee on Ways and Means for today’s sitting,
while said Chairman is conducting a hearing in the State House on the
General Appropriation Bill.
Orders of the Day.
The report of the committee of
conference on the disagreeing votes of the two branches with reference
to the Senate amendment (striking out the text contained therein and inserting
in place thereof the text contained in Senate document numbered 1927)
to the House Order relative to the adoption of permanent Joint Rules 10,
11B, 12, 12A and 26A for the 2003-2004 General Court (House, No. 2005)
(for report, see text contained in House document numbered 2015) was considered.
Pending the question on acceptance
of the report, further consideration thereof was postponed, on motion
of Mr. DiMasi of Boston, until the next sitting.
The House Resolutions relative
to declaring that Matthew C. Patrick was duly elected Representative to
the General Court (printed in House, No. 3720, App. C) were considered.
Pending the question on adoption
of the resolutions, Mr. Jones of North Reading asked for a count of the
House to ascertain if a quorum was present. The Chair (Mr. Petrolati of
Ludlow), 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 128 members were recorded as being in attendance.
Therefore a quorum was present.
After remarks on the question
on adoption of the resolutions, Mr. Peterson of Grafton and other members
of the House moved that the resolutions be amended by substitution of
Resolutions relative to the calling of a new election in the Third Barnstable
District.
After remarks on the question
on adoption of the amendment, Mr. Jones of North Reading asked for a count
of the House to ascertain if a quorum was present. The Chair (Mr. Petrolati
of Ludlow), 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 130 members were recorded as being in attendance.
Therefore a quorum was present.
After further debate on the question
on adoption of the amendment, Mr. Jones asked for a count of the House
to ascertain if a quorum was present. The Chair (Mr. Petrolati), 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 127 members were recorded as being in attendance.
Therefore a quorum was present.
After further 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. Jones of North Reading; and on the roll
call 21 members voted in the affirmative and 116 in the negative.
[Mr. Patrick of Falmouth answered
“Present” in response to his name.]
Therefore the amendment was rejected.
Mr. Jones of North Reading and
other members of the House then moved that they be amended by substitution
of Resolutions relative to the calling of a new election in the Third
Barnstable District.
After debate on the question on
adoption of the amendment, Mr. Peterson of Grafton asked for a count of
the House to ascertain if a quorum was present. The Chair (Mr. Petrolati
of Ludlow), 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 127 members
were recorded as being in attendance.
Therefore a quorum was present.
After further debate on the question
on adoption of the amendment (Mr. Correia of Fall River being in the Chair),
the sense of the House was taken by yeas and nays, at the request of Mr.
Peterson of Grafton and on the roll call 21 members voted in the affirmative
and 116 in the negative.
[Mr. Patrick of Falmouth answered
“Present” in response to his name.]
Therefore the amendment was rejected.
After debate on the question on
adoption of the resolutions, 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 116 members voted in the affirmative and 21 in the negative.
[Mr. Patrick of Falmouth answered
“Present” in response to his name.]
Therefore the resolutions (printed
in House, No. 4720, App. C) were adopted. Mr. DiMasi of Boston then moved
that this vote be reconsidered; and the motion to reconsider was considered
forthwith and it was negatived.
Order.
On motion of Mr. Finneran of Boston,—
Ordered, That
when the House adjourns today, it adjourn to meet on Monday next at eleven
o’clock A.M.
 |
At five minutes before six o’clock
P.M., on motion of Mr. DiMasi of Boston (Mr. Correia of Fall River being
in the Chair), the House adjourned, to meet on Monday next at eleven o’clock
A.M., in an Informal Session.