JOURNAL OF THE HOUSE.
Thursday, April 19, 2001.
 
 

Met according to adjournment, at eleven o’clock A.M., in an Informal Session.

Prayer was offered by the Reverend Robert F. Quinn, C.S.P., Chaplain of the House, as follows:

God Our Creator, we pray for Your gift to us of the virtue of humility which allows us to open our hearts and minds to You, to spiritual realities and to the needs and realistic expectations of the people whom we represent. In this era of many political and legislative options and choices, grant us the ability to make decisions which are fair, just and reasonable. When, in our diverse and pluralistic society, we disagree on political matters, let us disagree on issues and not on personalities. May the common good of all be our top agenda item as we continue to build a society and communities which are stable, civil and compassionate.

Bestow your blessings on 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.

 

Messages from the Acting Governor.

A message from Her Honor the Lieutenant-Governor, Acting Governor (under the provisions of Section 8 of Article LXXXIX of the Amendments to the Constitution) recommending legislation relative to making special provisions for an election to fill a vacancy in the board of selectmen of the town of Walpole (House, No. 4110) was filed this day in the office of the Clerk.

The message was read; and it was referred, on motion of Mr. Rogers of Norwood, with the accompanying draft of a bill, to the committee on Rules.

Mr. Scaccia of Boston, for said committee, reported on the foregoing message, a Bill making special provisions for an election to fill a vacancy in the board of selectmen of the town of Walpole (printed in House, No. 4110). Read; and 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 Rule 7A, on motion of Mr. Brown of Wrentham, the bill was read a second time forthwith; and it was ordered to a third reading.

Under suspension of the rules, on motion of Mr. Rogers of Norwood, 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, its title having been changed by said committee to read: “An Act relative to an election to fill a vacancy in the board of selectmen of the town of Walpole.”. Sent to the Senate for concurrence.

A message from Her Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to making an appropriation for the fiscal year 2001 to provide disaster relief funds (House, No. 4112) was filed in the office of the Clerk on Wednesday, April 18.

The message was read; and it was referred, under Rule 30, with the accompanying draft of a bill, to the committee on Ways and Means.

 

A message from Her Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to second and subsequent violations of restraining orders and the violation of a restraining order while armed (House, No. 4113) was filed in the office of the Clerk on Wednesday, April 18.

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 message from Her Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to aggravated assaults (House, No. 4114) was filed in the office of the Clerk on Wednesday, April 18.

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 message from Her Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to correcting defects in the laws governing bail (House, No. 4115) was filed in the office of the Clerk on Wednesday, April 18.

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

 

A message from Her Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to further protecting victims of domestic violence from persons released on bail (House, No. 4116) was filed in the office of the Clerk on Wednesday, April 18.

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

 

A message from Her Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to prohibiting accord and satisfaction in domestic violence cases (House, No. 4117) was filed in the office of the Clerk on Wednesday, April 18.

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

 

A message from Her Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to protecting the privacy rights of victims of sexual assault and domestic violence (House, No. 4118) was filed in the office of the Clerk on Wednesday, April 18.

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

 

Resolutions.

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

Resolutions (filed by Mr. Marini of Hanson) congratulating Kevin Wallack on receiving the Eagle Award of the Boy Scouts of America;

Resolutions (filed by Mr. Knuuttila of Gardner) congratulating the town of Ashburnham on its celebration of the anniversary of the oldest continuously operating sports franchise in America;

Resolutions (filed by Mr. Kulik of Worthington) on the occasion of the observance of Massachusetts Mediation Week;

Resolutions (filed by Mr. Marzilli of Arlington) congratulating Eric J. Tiedeman-Mau on receiving the Eagle Award of the Boy Scouts of America;

Resolutions (filed by Mr. Nyman of Hanover) congratulating the Altrusa Club of Plymouth County on the occasion of its fiftieth anniversary;

Resolutions (filed by Mr. Rogers of New Bedford) honoring George Charbonneau on a lifetime achievement in the arts;

Resolutions (filed by Mr. Rogers of New Bedford) honoring Armand Marchand on a lifetime achievement in the arts; and

Resolutions (filed by Mr. Scaccia of Boston) congratulating Mr. and Mrs. Raymond Malonson on the occasion of their sixtieth wedding anniversary;

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

 

Order.

On motion of Mr. Rogers of Norwood,—

Ordered, That, notwithstanding the provisions of House Rule 33A, amendments offered to the General Appropriation Bill shall be submitted in single form.

 

Special Report.

A report of the Clerk of the House (under the provisions of House order, No. 2826) relative to remote voting stations for the House of Representatives, was placed on file.

 

Petitions.

A petition (subject to Joint Rule 9) of Anne M. Paulsen, Kay Khan and Steven A. Tolman for legislation to establish the mass rail corporation within the Massachusetts Bay Transportation Authority (having been returned by the State Secretary, under the provisions of Chapter 3 of the General Laws with statement relative thereto) was placed on file.

 

Petitions severally were presented and referred as follows:

By Mr. Naughton of Clinton (by request), petition (subject to Joint Rule 12) of Lisa J. Steele relative to the penalty for carrying dangerous weapons.

By Mr. O’Brien of Kingston (by request), petition (subject to Joint Rule 12) of Charles Nickerson relative to mandatory writing proficiency examinations at state and community colleges and the University of Massachusetts.

By Mrs. Provost of Sandwich, petition (subject to Joint Rule 12) of Ruth W. Provost and Therese Murray relative to providing real estate tax exemptions to surviving spouses of police officers and fire fighters killed in the line of duty.

By Mr. Travis of Rehoboth, petition (subject to Joint Rule 12) of Philip Travis relative to the crime of driving to endanger.

By the same member, petition (subject to Joint Rule 12) of Philip Travis relative to the disposal of organic waste.

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

 

Papers from the Senate.

A Bill extending the time for the Commission on Alternative Medicine to report (Senate, No. 528, changed in section 1, in line 4, by striking out the following: “June 15, 2001” and inserting in place thereof the following: “October 15, 2001”) (on a petition), passed to be engrossed by the Senate, was read; and it was referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

 

A report of the committee on Housing and Urban Development, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 649) of Richard R. Tisei, Bruce E. Tarr and Brian M. Cresta for legislation to establish a playground fund under the administration of the Department of Housing and Community Development, and recommending that the same be referred to the Senate committee on Ways and Means,— accepted by the Senate, was considered forthwith, under Rule 42; and it was accepted, in concurrence, insomuch as relates to the discharge of the committee.

 

Reports of Committees.

Mr. Scaccia of Boston, for the committee on Rules, on the Order relative to authorizing the committee on Local Affairs to make an investigation and study of certain House documents concerning tree wardens, local development and zoning (House, No. 4098) reported, in part, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 3768) of Marie J. Parente relative to comprehensive zoning permits for moderate income housing in cities and towns,— and recommending that the same be recommitted to the committee on Local Affairs. Under Rule 42, the report was considered forthwith; and it was accepted.

 

By Mr. Kujawski of Webster, for the committee on Steering, Policy and Scheduling, asking to be discharged from further consideration of the following bills:

Authorizing the town of Tewksbury to convey certain conservation land (Senate, No. 1047) [Local Approval Received];

Relative to initial enlistment in the Department of State Police (House, No. 164);

Authorizing the public works commissioner of the city of Newton to act upon certain petitions for alterations of location of existing utilities (House, No. 1375);

Relative to the leasing of real property to civic or social organizations by municipalities (House, No. 1685);

Relative to street light poles (House, No. 3530);

Authorizing the city of Fall River to use certain park land for sewer purposes (House, No. 3764) [Local Approval Received]; and

Authorizing the town of Plymouth to use certain conservation land for sewer purposes (House, No. 4010) [Local Approval Received];

And recommending that the same severally be referred to the committee on Rules; and

By Mr. Kujawski of Webster, for the committee on Steering, Policy and Scheduling, asking to be discharged from further consideration of the Bill relative to expanding access to the electricity rate discount for low-income households (House, No. 1746),— and recommending that the same be referred to the committee on Ways and Means.

Under Rule 42, the reports severally were considered forthwith; and they were accepted.

 

By Mr. Cahill of Beverly, for the committee on Housing and Urban Development, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 2330) of J. Michael Ruane relative to the issuance of certain rental certificates by the housing authority in the city of Salem,— and recommending that the same be referred to the committee on Ways and Means. 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. Rogers of Norwood, for the committee on Ways and Means, that the Bill authorizing the Commissioner of the Division of Capital Asset and Management to convey certain land in the town of Tewksbury (House, No. 4090) ought to pass with an amendment substituting therefor a Bill authorizing the Commissioner of the Division of Capital Asset Management and Maintenance to convey certain land in the town of Tewksbury (House, No. 4111), which was read.

Under suspension of the rules, on motion of Mr. Miceli of Wilmington, the bill was read a second time forthwith.

The amendment recommended by the committee on Ways and Means was adopted; and the substituted bill was ordered to a third reading.

Under suspension of the rules, on further motion of the same member, 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, its title having been changed by said committee to read: “An Act authorizing the Commissioner of the Division of Capital Asset Management and Maintenance to convey a certain parcel of land in the town of Tewksbury.”. The bill (House, No. 4111) then was sent to the Senate for concurrence.

 

By Mrs. Teahan of Whitman, for the committee on Health Care, on House, No. 816, an Order relative to authorizing the committee on Health Care to make an investigation and study of a certain House document concerning the registration of naturopathic physicians (House, No. 4107). 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. Cahill of Beverly, for the committee on Housing and Urban Development, on a petition, a Bill relative to public housing and capital reserves (House, No. 3313).

By Mr. Koczera of New Bedford, for the committee on Natural Resources and Agriculture, on a petition, a Bill relative to animal disease control (House, No. 2012, changed in line 16 by striking out the figures “100” and inserting in place thereof the figures “500”; and in line 21 by striking out the figures “5,000” and inserting in place thereof the figures “10,000”).

By Mr. Toomey of Cambridge, for the committee on Public Safety, on House, Nos. 136 and 157, a Bill relative to certificates of competency to conduct blasting operations (House, No. 157).

By the same member, for the same committee, on a petition, a Bill relative to assaults on certain public officials (House, No. 3805, changed by striking out section 2).

By Mr. Hall of Westford, for the committee on State Administration, on a petition, a Bill authorizing the transfer of a certain parcel of land in the town of North Reading (House, No. 356) [Local Approval Received].

By the same member, for the same committee, on a petition, a Bill relative to rental agreements of the Division of Capital Asset Management (House, No. 922).

By the same member, for the same committee, on House, Nos. 1499 and 1500, a Bill authorizing the Commissioner of the Division of Capital Asset Management and Maintenance to convey certain property located in the city of Waltham for the purpose of affordable housing (House, No. 1499).

By the same member, for the same committee, on a petition, a Bill authorizing the conveyance of certain property in the city of Boston to the North American Indian Center of Boston, Inc. (House, No. 2255).

By the same member, for the same committee, on a petition, a Bill authorizing the Division of Capital Assets and Management to convey easements and land originally acquired for water quality protection for the Sudbury Reservoir in the city of Marlborough (House, No. 3192, changed in section 1, in lines 4, 16 and 28, by striking out, in each instance, the following: “or Chapter 30B”; and in section 3, in line 7, by inserting after the word “Laws” the following: “, and any further disposition shall require the approval of the General Court”) [Local Approval Received].

By the same member, for the same committee, on House, No. 2077, a Bill authorizing the Division of Capital Asset Management and Maintenance to transfer certain parcels of land in the town of Medfield (House, No. 4108).

By the same member, for the same committee, on House, No. 2253, a Bill authorizing the Division of Capital Asset Management and Maintenance to grant an access easement over certain Metropolitan District Commission land in the Brighton District of Boston (House, No. 4109).

Severally read; and referred, under Rule 33, to the committee on Ways and Means.

 

Mr. Scaccia of Boston, for the committee on Rules, on House order, No. 4050, reported a Bill authorizing the town of Barnstable to convey certain conservation land (House, No. 3954) [Local Approval Received]. Read; and referred, under Rule 7A, to the committee on Steering, Policy and Scheduling.

 

Order.

On motion of Miss Reinstein of Revere,—

Ordered, That when the House adjourns today, it adjourn to meet on Monday next at eleven o’clock A.M.

 

 

At ten minutes before twelve o’clock noon, on motion of Mr. Ruane of Salem, the House adjourned, to meet on Monday next at eleven o’clock A.M., in an Informal Session.