Monday, March 31, 2003.

Met according to adjournment, at one o’clock P.M., with Mr. Walsh 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, during these troublesome times with armed conflicts abroad, terrorist alerts and a slow economy at home, we look to You and Your guidance for the knowledge and vision to see today’s human, spiritual and political issues clearly and to respond thoughtfully. Inspire us to be responsive and responsible leaders who identify today’s challenges accurately. As we strive to serve the people and the common goodness, help us to remain focused in dealing with current issues and in planning for the future. Teach us to take a moment each day to organize, review and implement, when possible, our philosophical principles, personal goals and spiritual values. May we continue to serve You and our constituents faithfully.

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

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

A message from His Excellency the Governor recommending legislation relative to providing for the purchase by the Commonwealth of electricity from renewable energy sources (House, No. 3738) was filed in the office of the Clerk on Thursday, March 27.

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

A message from His Excellency the Governor recommending legislation relative to public employees serving in the armed forces of the United States (House, No. 3739) was filed in the office of the Clerk on Friday, March 28.

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

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

Resolutions (filed by Mr. DeLeo of Winthrop) congratulating Mr. and Mrs. Joseph Grasso on the occasion of their fiftieth wedding anniversary; and

Resolutions (filed by Mr. LeDuc of Marlborough) recognizing Irish-American Heritage Month;

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

An Order (filed this day by Mr. DiMasi of Boston) relative to reviving and continuing the joint special committee reviewing the rules of the two branches, was referred, under Joint Rule 29, to the committee on Rules of the two branches, acting concurrently.

Mr. Scaccia of Boston, for said committees, then reported recommending that the order ought to be adopted.

Under suspension of the rules, on motion of the same member, the order was considered forthwith; and it was adopted. Sent to the Senate for concurrence.

An Order (filed this day by Mr. Casey of Winchester) relative to authorizing the committee on Taxation to visit the city of Worcester, was referred, under Joint Rule 29, to the committee on Rules of the two branches, acting concurrently.

Mr. Scaccia of Boston, for said committees, then reported recommending 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.

A petition (accompanied by bill, House, No. 3737) of Peter J. Larkin, Anthony J. Verga and David P. Magnani relative to changing the name of the Corporation of Business, Work and Learning (having been returned by the State Secretary, under the provisions of Chapter 3 of the General Laws with memoranda relative thereto) was referred, under Rule 24, to the committee on Commerce and Labor. Sent to the Senate for concurrence.

Petitions severally were presented and referred as follows:

By Mr. Fallon of Malden, petition (accompanied by bill, House, No. 3740) of Christopher G. Fallon (with the approval of the mayor and city council) relative to eliminating preliminary elections for certain offices in the city of Malden in the current year. To the committee on Election Laws.

By Mr. Howland of Freetown, petition (accompanied by bill, House, No. 3741) of Mark A. Howland and Robert M. Koczera (with the approval of the mayor and city council) that the city of New Bedford be authorized to regulate the speed limit on Sassaquin Avenue in said city. To the committee on Public Safety.

Severally sent to the Senate for concurrence.

Mr. Finneran of Boston presented a petition (subject to Joint Rule 12) of Thomas M. Finneran relative to the compensation of certain members of the General Court; and the same was referred, under Rule 24, to the committee on Rules.

Mr. Scaccia of Boston, for the committee on Rules and the committees on Rules of the two branches, acting concurrently, then reported recommending that Joint Rule 12 be suspended. Under suspension of the rules, on motion of the same member, 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.

Petitions severally were presented and referred as follows:

By Mr. Atsalis of Barnstable (by request), petition (subject to Joint Rule 12) of Roger Parmenter for legislation to authorize the Hyannis Fire District to grant property tax abatements to certain persons sixty-five years of age and older.

By the same member (by request), petition (subject to Joint Rule 12) of Roger Parmenter for legislation to authorize the Hyannis Fire District to levy a certain assessment on commercial properties.

By Mr. Broadhurst of Methuen, petition (subject to Joint Rule 12) of Arthur J. Broadhurst relative to the issuance or renewal of physicians’ certificates of registration.

By the same member, petition (subject to Joint Rule 12) of Arthur J. Broadhurst for legislation to repeal the statutes requiring statements of financial interests under the financial disclosure laws for certain public officials and employees.

By Mr. Donelan of Orange, petition (subject to Joint Rule 12) of Christopher J. Donelan, Stephen Kulik, Michael F. Rush and Stephen M. Brewer relative to the notice requirements in small claims procedures.

By Mr. Fallon of Malden, petition (subject to Joint Rule 12) of Christopher G. Fallon, Paul Kujawski, John P. Fresolo and Edward G. Connolly that certain fraternal benefit societies and veterans’ organizations be authorized to conduct video poker games.

By the same member, petition (subject to Joint Rule 12) of Christopher G. Fallon for legislation to protect the rights of recreational fishermen in the marine waters of the Commonwealth.

By the same member, petition (subject to Joint Rule 12) of Christopher G. Fallon for legislation to authorize the use of photostatic copies of birth records as proof of age.

By Mr. George of Yarmouth, petition (subject to Joint Rule 12) of Thomas N. George and other members of the General Court for legislation to further regulate the delivery by pharmacists or other providers of oxygen to residential patients in the Commonwealth.

By Mrs. Gomes of Harwich, petition (subject to Joint Rule 12) of Stephen Paradise, Shirley Gomes, Robert A. O’Leary, Susan W. Pope, J. James Marzilli, Jr., Douglas W. Petersen and another relative to the penalties for certain environmental law violations.

By Mr. Hall of Westford, petition (subject to Joint Rules 12 and 9) of Geoffrey D. Hall and Robert S. Hargraves relative to the trustees of Westford Academy.

By the same member, petition (subject to Joint Rule 12) of Geoffrey D. Hall and Robert S. Hargraves relative to the definition of a “limited liability company” and a “domestic limited liability company”.

By the same member, petition (subject to Joint Rule 12) of Geoffrey D. Hall and Robert S. Hargraves that operators of snowmobiles be prohibited from operating such recreational vehicles under the influence of alcoholic beverages or controlled substances.

By Mr. Hynes of Marshfield, petition (subject to Joint Rule 12) of Frank M. Hynes relative to the eligibility of certain persons to participate in the Medigap Supplement Program upon termination of benefits under the Prescription Advantage Program.

By Mr. Pedone of Worcester, petition (subject to Joint Rule 12) of Vincent A. Pedone relative to the Worcester State Hospital in the city of Worcester.

By Mr. Vallee of Franklin, petition (subject to Joint Rule 12) of James E. Vallee relative to the administration of trusts.

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

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 Franklin County Jail and House of Correction, in the town of Greenfield;

Of the Hampden County Sheriff’s Department and Correctional Center, in the town of Ludlow;

Of the Hampshire County Jail and House of Correction, in the city of Northampton; and

Of the Massachusetts Correctional Institution, in the town of Concord;

Severally were spread upon the records of the House; and returned to the Senate.

By Mr. Honan of Boston, for the committee on Housing and Urban Development, on a petition, a Bill to establish a commission to define public policy on affordable housing (House, No. 2059, changed in line 4 by striking out the word “five” and inserting in place thereof the word “six”; and in line 9 by inserting after the word “Association” the following: “and a representative of the National Association of Housing and Redevelopment Officials. The commission shall file its report with the Clerks of the Senate and House of Representatives on or before July 31, 2004”). Read; and referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

By Mr. Pignatelli of Lenox, for the committee on State Administration, on a petition, a Bill extending financing for the Colonial Theatre (printed as Senate, No. 1683). Read; and referred, under Rule 33, to the committee on Ways and Means.

At twenty-nine minutes after one o’clock P.M., on motion of Mr. Casey of Winchester (Mr. Walsh of Boston being in the Chair), the House recessed until half past two o’clock P.M.; and at four minutes before three o’clock the House was called to order with Mr. Rodrigues of Westport in the Chair.  

A Bill delaying the effective date of certain changes in law relative to the expiration dates of gift certificates and certain other mediums of exchange (Senate, No. 1969) (reported on a part of House Bill, No. 3729) passed to be engrossed by the Senate, was read; and it was 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 Mr. deMacedo of Plymouth, the bill was read a second time forthwith.

Pending the question on ordering the bill to a third reading, Ms. Rogeness of Longmeadow moved that it be amended in line 3 by striking out the date: “August 1, 2003” and inserting in place thereof the date: “June 1, 2003”.

The amendment was adopted; and the bill, as amended, was ordered to a third reading.

Under suspension of the rules, on further motion of Ms. Rogeness, the bill (having been 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, in concurrence.

The bill (Senate, No. 1969, amended) then was sent to the Senate for concurrence in the amendment.

At one minute before three o’clock P.M., the Chair (Mr. Rodrigues of Westport) declared a recess subject to the call of the Chair; and at seventeen minutes before four o’clock the House was called to order with the Mr. Rodrigues in the Chair.

The engrossed Bill delaying the effective date of certain changes in law relative to the expiration dates of gift certificates and certain other mediums of exchange (see Senate, No. 1969, 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 3 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 Senate) was passed to be enacted; and it was signed by the acting Speaker and sent to the Senate.

The engrossed Bill relative to the administration of the tax laws (see House, No. 3718), 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 16 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.

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.

Mrs. Poirier of North Attleborough then moved that as a mark of respect to the memory of Donald T. Bliss, a member of the House from North Attleborough from 1963 to 1976, inclusive, the House adjourn; and the motion prevailed.

Accordingly, at five minutes after four o’clock P.M., on motion of Ms. Callahan of Sutton (Mr. Rodrigues of Westport being in the Chair), the House adjourned, to meet tomorrow at eleven o’clock A.M., in an Informal Session.