JOURNAL OF THE HOUSE.
Tuesday, April 15, 2003.
Met according to adjournment,
at eleven o’clock A.M.
Prayer was offered by the Reverend
Robert F. Quinn, C.S.P., Chaplain of the House, as follows:
Eternal God, we depend upon You,
Your guidance and direction as we take up and evaluate the items on today’s
legislative calendar. Many of the legislative issues which come before
and we approve are complex, often emotional and have on occasion unexpected
consequences. In Your goodness, inspire us to make right and sound decisions
and choices in our effort to serve people, the needs of these changing
times and the common good. During this week of biblical and religious
faith observances, grant us wisdom and strengthen our commitment to continue
building communities in which personal responsibility, objective truth,
ethical principles and the rights of all are respected and recognized.
Grant Your blessings to the Speaker,
the members and employees of this House and their families. Amen.
At the request of the Speaker, the
members, guests and employees joined with him in reciting the pledge of
allegiance to the flag.
Message from the Governor.
A message from His Excellency the
Governor recommending legislation relative to providing for an accelerated
transportation development and improvement program for the Commonwealth
(House, No. 3811) was filed in the office of the Clerk on Monday, April
14.
The message was read; and it was
referred, under Rule 30, with the accompanying draft of a bill, to the
committee on Transportation. Sent to the Senate for concurrence.
Statement of Representative
Donovan of Woburn.
A statement of Ms. Donovan of Woburn
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
able to be present in the House Chamber for yesterday’s sitting
due to a scheduling conflict. Any roll calls that I missed yesterday was
due entirely to the reason stated.
Statement of Representative
Garry of Dracut.
A statement of Miss Garry of Dracut
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
able to be present in the House Chamber for a portion of today’s
sitting due to my attendance at the funeral of Mathew Boule, a U.S. Army
Specialist who was killed in action in the conflict in Iraq. Any roll
calls that I may miss today will be due entirely to the reason stated.
Resolutions.
Resolutions (filed with the Clerk
by Mr. Toomey of Cambridge) recognizing National Public Safety Telecommunications
Week, were referred, under Rule 85, to the committee on Rules.
Mr. DiMasi of Boston, for the committee
on Rules, then reported that the resolutions ought to be adopted. Under
suspension of the rules, on motion of Mr. Toomey, the resolutions (reported
by the committee on Bills in the Third Reading to be correctly drawn)
were considered forthwith; and they were adopted.
Orders.
An Order (filed by Mr. DiMasi of
Boston) relative to the establishment of a permanent Joint Rule 1 for
the 2003-2004 General Court (House, No. 3830) was referred, under Rule
24, to the committees on Rules of the two branches, acting concurrently.
An Order (filed by Mr. Scaccia
of Boston) relative to providing for amendments to the Rules of the House
of Representatives for the creation of a committee on Homeland Security
and Federal Affairs and a committee on Medicaid and to provide for additional
compensation for certain members of the House of Representatives (House,
No. 3838), having been reported from the committee on Rules, under the
provisions of House Rule 7C, was considered.
Pending the question on adoption
of the order, further consideration thereof was postponed, on motion
of Mr. Scaccia, until Tuesday, April 22.
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, while said Chairman is conducting
business in the State House relative to the General Appropriation Bill.
Petitions.
Mr. LeDuc of Marlborough presented
a petition (accompanied by bill, House, No. 3812) of Stephen P. LeDuc
and Pamela P. Resor (with the approval of the mayor and city council)
for legislation to provide for the appointment of a city councilor in
the city of Marlborough; 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. DeLeo of Winthrop, petition
(subject to Joint Rule 12) of Robert A. DeLeo
relative to the retirement rights of persons appointed by
school committees.
By Mr. Frost of Auburn, petition
(subject to Joint Rule 12) of Paul K. Frost and Guy W. Glodis for legislation
to authorize the Woodland Water District of Auburn to merge with the Auburn
Water District.
By Mr. Hynes of Marshfield, petition
(subject to Joint Rule 12) of Frank M. Hynes, Robert L. Hedlund and Garrett
J. Bradley (by vote of the town) that the town of Scituate be authorized
to establish a one-year moratorium on applications for affordable housing
in said town.
By Mr. Spellane of Worcester, petition
(subject to Joint Rule 12) of Robert Spellane, James B. Leary, Karyn E.
Polito and Harriette L. Chandler for legislation to provide creditable
service for retirement purposes to Sandra Kurtinitis.
By Ms. St. Fleur of Boston, petition
(subject to Joint Rule 12) of Marie P. St. Fleur for an investigation
by a special commission (including members of the General Court)
relative to the reintegration of prisoners into the cities and towns of
the Commonwealth.
By Mr. Wagner of Chicopee, petition
(subject to Joint Rule 12) of Joseph F. Wagner, Michael R. Knapik, Stephen
J. Buoniconti, Thomas M. Petrolati, Christopher P. Asselin and Linda J.
Melconian (with the approval of the mayor and board of aldermen) that
the city of Chicopee be exempt from certain debt limitations for approved
school projects.
Severally, under Rule 24, to the
committee on Rules.
Paper from the Senate.
The following notice was received
from the Clerk of the Senate, to wit:
April 10, 2003.
The Honorable Thomas M. Finneran
Speaker of the House of Representatives
Room 356 State House
Boston, MA 02133
Dear Mr. Speaker:
I have the honor to inform you
that the Senate President has announced the following appointments:
The Senator from Hampshire and
Franklin, Mr. Rosenberg, to the steering committee established (pursuant
to 42 U.S.C. sec. 15405) relative to the Help America Vote Act;
The Senator from Suffolk, Mr. Hart,
and the Senator from Suffolk, Ms. Wilkerson, to the Workforce Investment
Board (pursuant to Executive Order Number 413);
The Senator from Essex, Mr. Baddour,
the Senator from Suffolk, Mr. Hart, the Senator from Hampden and Hampshire,
Mr. Knapik, and the Senator from Middlesex and Norfolk, Mr. Magnani, to
the advisory committee established (pursuant to section 44 of Chapter
246 of the Acts of 2002) to study the financing of the Massachusetts Turnpike
Authority, the metropolitan highway system, the Massachusetts Port Authority
and the Central Artery/Third Harbor Tunnel Project;
The Senator from Bristol and Plymouth,
Mr. Montigny, the Senator from Worcester and Norfolk, Mr. Moore, and the
Senator from Essex and Middlesex, Mr. Tarr, to the National Association
on Prescription Drug Prices.
In addition, the Minority Leader
has announced the appointment of the Senator from Essex and Middlesex,
Mr. Tarr, to the Workforce Investment Board (pursuant to Executive Order
Number 413).
Best wishes,
Patrick F. Scanlan,
Clerk of the Senate.
Report
of a Committee.
By Mr. Koczera of New Bedford, for
the committee on Public Service, on House, No. 3742, a Bill authorizing
the city of Worcester to reinstitute an early retirement incentive program
(House, No. 3813) [Local Approval Received.] Read; and referred, under
Rule 7A, to the committee on Steering, Policy and Scheduling.
Orders
of the Day.
The House report of 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, was considered.
Pending the question on acceptance
of the report, Mr. Peterson of Grafton moved that further consideration
thereof be postponed until Wednesday, April 23, and specially assigned
to the hour of two o’clock P.M.
After debate on the motion to postpone,
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 28 members voted in the affirmative
and 122 in the negative.
[See Yea and Nay No. 55 in Supplement.]
Therefore the motion to postpone
was negatived.
Mr. Jones and other members of
the House then moved that the report be amended by substitution, in part,
of a Bill relative to gaming in the Commonwealth, which was read.
After debate on the question on
adoption of the amendment, Mr. Flynn of Bridgewater asked for a count
of the House to ascertain if a quorum was present. The Speaker, 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 147 members were recorded as being in attendance.
Therefore a quorum was present.
After further debate on the question
on adoption of the amendment (Mrs. Harkins of Needham being in the Chair),
Miss Reinstein of Revere asked for a count of the House to ascertain if
a quorum was present. The Chair (Mrs. Harkins), 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 148 members were recorded as being in attendance.
Therefore a quorum was present.
After remarks 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 59 members voted in the affirmative and 95 in the negative.
Therefore the amendment was rejected.
The report then was accepted. Mr.
Bosley of North Adams moved that this vote be reconsidered; and the motion
to reconsider was considered forthwith, and it was negatived.
The House report of the committee
on Government Regulations, 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, was considered.
Pending the question on acceptance
of the report, Representatives Reinstein of Revere and DeLeo of Winthrop
moved that the report be amended by substitution of the Bill establishing
the Massachusetts gaming control act (House, No. 3153, changed by striking
out section 5 and inserting in place thereof the following section:
“SECTION 5. Licensing of
licensed operators; payment of Commissions.
(a) Notwithstanding the provisions
of G.L. c. 137, G.L. c. 271, or any other general or special law to the
contrary, each racing meeting licensee is eligible to be licensed, subject
to all terms and conditions imposed by the Commission, to operate a gaming
establishment; and shall have the right to operate one thousand five hundred
(1,500) electronic gaming devices, at a racing meeting licensee’s
premises only; and, provided, further, that each of said licensees shall
have the right to operate an equal number of electronic gaming devices.
Said licensees shall pay weekly to the Commission, on behalf of the Commonwealth,
a sum equal to fifty-one (51%) percent of gaming revenues derived from
electronic gaming facility, payable to the commission. Seventy-five percent
of the revenue collected pursuant to this sub-section shall be deposited
into the general fund. Twenty-five percent of the revenue collected pursuant
to this sub-section shall be deposited in the lottery fund for full distribution
to all communities in the Commonwealth, pursuant to the Lottery aid formula,
so called. (i) Three percent of the giving revenue derived from electronic
gaming devices locating in such gaming facility, payable to the community
in which the facility is located; provided, that if the facility is located
in more than one community, such fee shall be divided and distributed
proportionally to each community as fairly determined by the commission.
(ii) One percent of the giving revenue derived
from electronic gaming devices locating in such gaming facility,
which shall be divided and distributed proportionally, as determined by
the commission, to each community contiguous to the community
or communities in which the facility is located; (iii) Each racing meeting
licensee shall also pay the commission, as the commission shall direct,
an amount equal to 35 percent of 1 percent (.35%) of the annual gaming
revenue derived from electronic gaming devices located in such a gaming
facility to be used exclusively in preventing and treating compulsive
gambling behavior. (iv) two percent of the net gaming revenue derived
from electronic gaming devices shall be deposited in a special fund established
by the licensee, and used for payment of regular thoroughbred horse purses.
(v) one percent of the net gaming revenue derived from electronic gaming
devices shall be deposited in a special fund established by the licensee,
and used for payment of regular greyhound purses.
(g) No person shall operate a gaming
establishment without having obtained all necessary operating licenses
from the commission. There shall be a single licensed operator for each
gaming establishment. The licensing standards must be met at all times
by each officer, director, partner, and trustee of the operating entity,
by each substantial party in interest of the operating entity or of the
premises on which such establishment is located, and by such other party
in interest of the operating entity, the premises, or any holding company
or intermediary company of the operating entity or the premises as the
commission may require.
(c) A person may apply to be a
licensed operator by filing an application with the commission, the form
and any accompanying application fees as the commission may establish.
Information on the application will be used as the basis for a through
background investigation which the bureau shall conduct with respect to
each applicant. Each application shall disclose the identity of each party
in interest, each holding company and intermediary company, and each affiliate
of the operating entity. The application shall disclose, in the case of
the privately held corporation, the names and addresses of all directors,
officers, and stockholders; in the case of a publicly traded corporation,
the names and addresses of all directors, officers, and persons holding
at least five percent of the total capital stock issued and outstanding;
in the case of a limited liability company, the names and addresses of
all members of the management committee and all persons holding at least
five percent of the membership interests; in
the case of a partnership, the names and addresses of
all partners, both general and limited; and in the case of a trust, the
names and addresses of all trustees and beneficiaries.
(d) Each operating entity shall
identify, in its application, the premises containing the establishment
where it proposes to conduct its gaming operations. The application shall
contain such information regarding the physical location and condition
of the premises and the potential impact of the proposed gaming operations
upon adjacent properties and the municipality and region within which
the premises are located, as the commission may require. The application
shall disclose the identity of all parties in interest regarding the premises;
and except as otherwise permitted herein, no person other than a gaming
establishment licensed hereunder shall have any right to or interest in
any gaming revenue derived from electronic gaming devices in the form
of a percentage of such sums or require more than fair market value for
rent, leases or services.
(e) No licensed operator shall
obtain any gaming equipment from a person who does not hold a license.
No licensed operator shall enter into any agreement for the receipt of
goods or services, of any form and in any amount, from a person who does
not hold a license, when a license is required for such agreement under
this act or under regulations promulgated by the commission or bureau.
(f) No licensed operator shall
employ any person in a gaming establishment who does not hold a work permit,
when a work permit is required for such position under regulations promulgated
by the commission or the bureau.”), which was read.
After 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 Miss
Reinstein of Revere; and on the roll call 65 members voted in the affirmative
and 87 in the negative.
Therefore the amendment was rejected.
The report then was accepted. Mr.
Bosley of North Adams 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 Thursday next at
eleven o’clock A.M.
 |
Ms. L’Italien of Andover
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 twenty-seven minutes after four o’clock P.M. (Mr. Correia
of Fall River being in the Chair), the House adjourned, to meet on Thursday
next at eleven o’clock A.M., in an Informal Session.