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.

[See Yea and Nay No. 42 in Supplement.]

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.