Monday, April 14, 2003.

Met according to adjournment, at 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:

Gracious God, Our Creator and the Lord of History, the Jewish and many Christian Communities around the world today begin a week of significant religious observances and ceremonies. This week is a time for religious and historical reflection and personal prayer. The Jewish Community commemorates the exodus from a land of servitude to a promised land of freedom. During this Holy Week, the Christian Community celebrates and recalls the final days of Jesus on this earth. These great biblical events remind us of the mysterious ways of God and of His concern for us. Teach us to respond in a positive manner to the Bible’s invitation to live each day according to God’s ways and plans. Let the religious spirit of the week fill our hearts and minds with peace, faith and thanks.

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.

A message from His Excellency the Governor recommending legislation relative to erasing the unemployment insurance burden on employers and preserving the solvency of the trust fund (House, No. 3807) was filed in the office of the Clerk on Friday, April 11.

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

A message from His Excellency the Governor recommending legislation relative to the Sex Offender Registry (House, No. 3806) 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 Criminal Justice. Sent to the Senate for concurrence.

A statement of Mr. DiMasi of Boston concerning Mr. Walsh 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 one of our colleagues, Representative Walsh of Boston, will not be present in the House Chamber for today’s sitting due to personal business outside the Commonwealth. Any roll calls that he may miss today will be due entirely to the reason stated.

A petition (accompanied by bill, Senate, No. 1974) of Brian A. Joyce and Walter F. Timilty (by vote of the town) for legisla­tion relative to certain school construction projects in the town of Milton, was referred, in concurrence, to the committee on State Administration.

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 James B. Eldridge and Pamela P. Resor for legislation to authorize the Department of Correction to establish a sick leave bank for John Nourse, an employee of said department. To the committee on Public Service.

Petition (accompanied by bill) of Paul C. Demakis and other members of the General Court for legislation to require combined taxable income reporting of certain corporations. To the committee on Taxation.

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

By Mr. Rodrigues of Westport, for the committee on Commerce and Labor, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 124) of Steven A. Tolman, Bruce E. Tarr, Charles E. Shannon, Susan C. Fargo and Brian A. Joyce for legislation to prohibit the distribution of unsolicited electronic mail,— and recommending that the same be referred to the House committee on Science and Technology. Under Rule 42, the report was considered forthwith; and it was accepted. Sent to the Senate for concurrence in the discharge of the committee.

By Mr. Vallee of Franklin, for the committee on Criminal Justice, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 3125) of Philip Travis and Kathleen M. Teahan for legislation to provide a penalty for the attempted production or production of a living organism with human or predominantly human genetic constitution through cloning,— and recommending that the same be referred to the committee on Health Care; and

By Mr. Greene of Billerica, for the committee on Natural Resources and Agriculture, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 1934) of Andrea F. Nuciforo, Jr., and William Smitty Pignatelli (by vote of the town) for legislation to authorize the town of Lee to enter into contracts for construction, operation and maintenance, lease and modification of its water and wastewater treatment facilities,— and recommending that the same be referred to the committee on State Administration.

Under Rule 42, the reports severally were considered forthwith; and they were accepted. Severally sent to the Senate for concurrence.

By Mr. Binienda of Worcester, for the committee on Energy, on House, Nos. 524, 525, 529, 1270, 2788, 3508 and 3511, an Order relative to authorizing the committee on Energy to make an investigation and study of certain House documents concerning energy conservation (House, No. 3809). Referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

Subsequently Mr. Scaccia of Boston, for said committees, reported asking to be discharged from further consideration of said order; and recommending that the same be referred to the House committee on Rules. Under Rule 42, the report was considered forthwith; and it was accepted.

By Mr. Greene of Billerica, for the committee on Natural Resources and Agriculture, on a petition, a Bill validating action taken by the Martha’s Vineyard Refuse Disposal and Resource Recovery District (House, No. 1539). Read; and referred, under Rule 32A, to the committee on Long-Term Debt and Capital Expenditures.

By Mr. Koczera of New Bedford, for the committee on Public Service, on House, No. 1184, a Bill relative to allowing certain employees to return to work (House, No. 3810). Read; and referred, under Rule 33, to the committee on Ways and Means.

By Mr. Greene of Billerica, for the committee on Natural Resources and Agriculture, on a petition, a Bill designating the Pegan Cove filter bed property as the “Tony Anniballi Memorial Park at Pegan Cove” (House, No. 3367).

By Mr. Toomey of Cambridge, for the committee on Public Safety, on House, Nos. 76 and 78, a Bill relative to the issuance of vehicle registration plates (House, No. 78).

Severally read; and referred, under Rule 7A, to the committee on Steering, Policy and Scheduling.

By Mr. Bosley of North Adams, for the committee on Government Regulations, ought NOT to pass, on the petition (accompanied by bill, House, No. 2792) of Bradley H. Jones, Jr., and other members of the House relative to casino gambling.

By the same member, for the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 3153) of Kathi-Anne Reinstein and Robert A. DeLeo for legislation to establish a Massachusetts gaming control commission and further regulating gaming in the Commonwealth.

Severally referred, under Rule 7A, to the committee on Steering, Policy and Scheduling.

Mr. Kujawski of Webster, for said committee, reported that the matters be scheduled for consideration by the House; and, under said rule, they were placed in the Orders of the Day for the next sitting, the question, in each instance, being on acceptance.

The House Bill establishing a sick leave bank for Francie R. Minder, an employee of the Department of Mental Health (House, No. 3736), 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 authorizing the town of Middleborough to issue an additional license for the sale of all alcoholic beverages not to be drunk on the premises (House, No. 3723) was read a second time; and it was ordered to a third reading.

The House report of the committee on Public Safety, ought NOT to pass, on so much of the recommendations of the Registry of Motor Vehicles (House, No. 76) as relates to handicap parking restrictions (accompanied by bill, House, No. 77) was accepted. Sent to the Senate for concurrence.

House reports

Of the committee on Public Safety, ought NOT to pass, on the petition (accompanied by bill, House, No. 212) of Bruce J. Ayers that cities and towns be authorized to issue temporary placards for handicapped parking spaces;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 213) of Bruce J. Ayers relative to the penalty for the improper use of handicapped parking spaces;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 214) of Kevin G. Honan that institutions of higher education be provided with certain information relative to persons arrested on campuses and further regulating the reporting of crimes against students;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 415) of Philip Travis relative to independent investigators of motor vehicle accidents involving police officers;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 420) of Patricia A. Walrath and other members of the General Court for legislation to further regulate parking for handicapped persons;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 1171) of Louis L. Kafka relative to operator liability for parking a commercial vehicle in a space reserved for handicapped persons;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 1547) of Thomas A. Golden, Jr., Carol A. Donovan, David M. Nangle, Brian Knuuttila, Reed V. Hillman, Steven C. Panagiotakos and another that special state police officers in the higher education system of the Commonwealth be provided with bullet proof vests;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 1548) of Thomas A. Golden, Jr., David M. Nangle, Brian Knuuttila, Steven C. Panagiotakos and another for legislation to extend police powers to certain police personnel employed at community colleges in the Commonwealth; and

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 1549) of Thomas A. Golden, Jr., David M. Nangle, Steven C. Panagiotakos and another relative to the jurisdictional powers of special state police officers employed in higher educational institutions of the Commonwealth; and

Of the committee on State Administration, ought NOT to pass, on the petition (accompanied by bill, House, No. 629) of the Massachusetts AFL-CIO, Martin J. Walsh and other members of the General Court relative to erecting a plaque in the State House in honor of Edward Cohen;

Severally were accepted.

At twenty-two minutes after eleven o’clock A.M., on motion of Mr. Casey of Winchester (Mr. DiMasi of Boston being in the Chair), the House recessed subject to the call of the Chair; and at twenty minutes before two o’clock P.M. the House was called to order with Mrs. Harkins of Needham in the Chair.

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 House, No. 2015, adopting permanent Joint Rules 10, 11B, 12 and 26A], was considered.

Pending the question on acceptance of the report, further consideration thereof was postponed, on motion of Mr. DiMasi of Boston, until after disposition of the remaining matters in the Orders of the Day.

The House report of the committee on Public Safety, ought NOT to pass, on the petition (accompanied by bill, House, No. 596) of Paul K. Frost relative to equipping fire hydrants with markers during certain months of the year, was considered.

Pending the question on acceptance of the report, further consideration thereof was postponed, on motion of Mr. Toomey of Cambridge, until after disposition of the remaining matters in the Orders of the Day.

The House Bill relative to the compensation of certain members of the General Court (House, No. 3743) was read a second time; and it was ordered to a third reading.

Subsequently, under suspension of the rules, on motion of Mr. DiMasi of Boston, the bill (having been 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, Ms. Jehlen of Somerville asked for a count of the House to ascertain if a quorum was present. The Chair (Mrs. Harkins of Needham), 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 150 members were recorded as being in attendance.

Therefore a quorum was present.

After debate on the question on passing the bill to be engrossed, the sense of the House was taken by yeas and nays, at the request of Mr. Murphy of Burlington; and on the roll call 100 members voted in the affirmative and 50 in the negative.

[Messrs. Keenan of Southwick and O’Brien of Kingston answered “Present” in response to their names.]

Therefore the bill was passed to be engrossed. Mr. DiMasi of Boston moved that this vote be reconsidered and the motion to reconsider was considered forthwith; and it was negatived. The bill (House, No. 3743) then was sent to the Senate for concurrence.

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.

Mr. Koczera of New Bedford then moved that the House adjourn; and the motion prevailed. Accordingly, without further consideration of the remaining matters in the Orders of the Day, at a quarter after three o’clock P.M. (Mrs. Harkins of Needham being in the Chair), the House adjourned, to meet tomorrow at eleven o’clock A.M.