JOURNAL OF THE HOUSE.
Thursday, April 26, 2001.
 
 

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

Eternal God, we pause for a moment of prayer to turn our attention to You, Our Creator, and to reflect on those spiritual values which give meaning and direction to our daily living. In Your kindness, help us to implement both basic human and spiritual values in dealing with people and in proposing legislation. As we prepare for next week’s budget discussions, inspire us to organize our own agenda as well as the Commonwealth’s needs and priorities. Grant us the gift of wisdom, the clarity of thought and the vision to read the signs of the times accurately, so that the people and our communities will be well-served now and in the future years.

Bestow Your blessings on 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.

 

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 validating the action taken by the town of Swampscott in certifying certain nomination papers for the April 24, 2001 election in the town of Swampscott (House, No. 4133) was filed in the office of the Clerk on Wednesday, April 25.

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

 

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) relative to validating action taken at the special town meeting held by the town of Seekonk on October 23, 2000 (House, No. 4134) was filed in the office of the Clerk on Wednesday, April 25.

The message was read; and it was referred, under Rule 30, with the accompanying draft of a bill, to the committee on Local Affairs. 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. Nagle of Northampton) honoring Bruce E. Willard for 22 years of service to Massachusetts schools and its students;

Resolutions (filed by Mr. Brown of Wrentham) in recognition of Virginia and John Forbes on being named the recipients of the First Annual Connor Award from the Friends of the Walpole Council on Aging;

Resolutions (filed by Ms. Fox of Boston and other members of the House) commemorating the two hundred and thirty-first anniversary of the “Boston Massacre” and the thirty-sixth annual Crispus Attucks Day by the Boston Equal Rights League;

Resolutions (filed by Mr. Kafka of Sharon) congratulating Jeffrey Gardner Palermo on receiving the Eagle Award of the Boy Scouts of America;

Resolutions (filed by Mr. Kafka of Sharon) congratulating Stuart Charles Scipione II on receiving the Eagle Award of the Boy Scouts of America;

Resolutions (filed by Mr. Kennedy of Brockton) congratulating Reverend Monsignor Paul Lester Moritz on the dual occasion of his sixtieth anniversary of his ordination to the holy priesthood and the observance of his ninetieth birthday;

Resolutions (filed by Mr. LeDuc of Marlborough) congratulating Sally Elizabeth Frisbie Campbell on the occasion of her retirement;

Resolutions (filed by Mr. Linsky of Natick) congratulating Ralph and Barbara Sawyer on the occasion of their fiftieth wedding anniversary;

Resolutions (filed by Mr. Naughton of Clinton and other members of the House) observing Annual Missing Children’s Day in the Commonwealth;

Resolutions (filed by Mrs. Owens-Hicks of Boston) honoring Doctor Deborah Prothrow-Stith;

Resolutions (filed by Mrs. Owens-Hicks of Boston) honoring Noble R. Beason Robinson as the recipient of the 335th Sojourner Truth Award;

Resolutions (filed by Mrs. Owens-Hicks of Boston) honoring Sarah Ann Shaw;

Resolutions (filed by Mrs. Owens-Hicks of Boston) honoring Benjamin Taylor;

Resolutions (filed by Mrs. Poirier of North Attleborough) commemorating the one hundred and fiftieth anniversary of the consecration of the Mount Hope Cemetery;

Resolutions (filed by Mr. Petersen of Marblehead) on the occasion of the twenty-fifth anniversary of the Jewish Journal;

Resolutions (filed by Representatives Smizik of Brookline, Balser of Newton, Demakis of Boston, Donnelly of Boston and Golden of Boston) on the occasion of the Eighth Annual Asian-American Heritage Festival in the town of Brookline;

Resolutions (filed by Mr. Smizik of Brookline and other members of the House) on the occasion of the one hundredth anniversary of the Workmen’s Circle/Arbeter Ring; and

Resolutions (filed by Mr. Straus of Mattapoisett) congratulating Lois K. Ennis on the occasion of her retirement as Mattapoisett Town Clerk;

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

 

Communications.

Communications

From the Secretary of the Executive Office for Administration and Finance (under the provisions of Section 3B of Chapter 7 of the General Laws) relative to proposed changes in fees for licenses, permits and services to be charged by certain state agencies; and

From the Massachusetts Convention Center Authority (under the provisions of Section 38N of Chapter 190 of the Acts of 1982, as amended by Section 313 of Chapter 138 of the Acts of 1991) submitting a report requesting approval of a capital facility project for said authority;

Severally were read for the information of the House; and placed on file.

 

Quarterly Report.

A quarterly report of the Massachusetts Convention Center Authority (under the provisions of Section 5L of Chapter 152 of the Acts of 1997) relative to all contracts regarding the Boston Convention and Exhibition Center project entered into by said authority, was read for the information of the House; placed on file.

 

Petitions.

Mr. Dempsey of Haverhill presented a petition (accompanied by bill, House, No. 4132) of Brian S. Dempsey and James P. Jajuga (with the approval of the mayor and city council) for legislation to facilitate the viability of Hale Hospital in the city of Haverhill; and the same was referred to the committee on Health Care. Sent to the Senate for concurrence.

 

Petitions severally were presented and referred as follows:

By Mr. Caron of Springfield, petition (subject to Joint Rule 12) of Paul E. Caron relative to the sale of tobacco to minors.

By Mr. Galvin of Canton, petition (subject to Joint Rule 12) of William C. Galvin relative to the appointment of certain town officials by a two-thirds vote at annual or special town meetings.

By Mr. Kane of Holyoke, petition (subject to Joint Rule 12) of Michael F. Kane for legislation to authorize the District Court Department to establish a sick leave bank for Rachel A. Joyce, an employee of said department.

By Ms. Rogeness of Longmeadow, petition (subject to Joint Rule 12) of Mary S. Rogeness and other members of the House relative to the administration of drugs or vaccines to members of the militia.

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

 

Papers from the Senate.

The House Bill making appropriations for the fiscal year 2001 to provide for supplementing certain existing appropriations and for certain other activities and projects (House, No. 4070) came from the Senate passed to be engrossed, in concurrence, with an amendment striking out all after the enacting clause and inserting in place thereof the text contained in Senate document numbered 1852.

Under suspension of Rule 35, on motion of Mr. Rogers of Norwood, the amendment (reported by the committee on Bills in the Third Reading to be correctly drawn) was considered forthwith.

The same member then moved that the House concur with the Senate in its amendment with further amendments in section 2 by inserting before item 6030-7201 the following item:

“6010-0002 950,141”

and by striking out items 7061-9615, 8910-0145 and 8910-0619; and in section 2A by striking out item 1599-9956.

The further amendments were adopted. The House then concurred with the Senate in its amendment, as amended. Sent to the Senate for concurrence in the further amendments.

 

The following order came from the Senate with the endorsement that it had been adopted by said branch:

Ordered, That, notwithstanding the provisions of an order previously adopted, the Joint Rules of the previous General Court shall remain in effect until [A] Friday, May 25, 2001, as the temporary Joint Rules of the present General Court.

Pending the question on adoption of the order, in concurrence, Mr. Scaccia of Boston moved that it be amended [at “A”] by striking out the following: “Friday, May 25” and inserting in place thereof the following: “Thursday, May 10”.

The amendment was adopted. The order, as amended, then also was adopted, in concurrence. Sent to the Senate for concurrence in the amendment.

 

Bills

Authorizing the Division of Capital Asset Management and Maintenance to convey a certain parcel of land in the city of Boston (Senate, No. 1615, amended in section 1, in line 8, and also in section 4, in line 2, by inserting after the word “residential”, in each instance, the words “or recreational”; and in section 2, in line 1, by striking out the word “successful” and inserting in place thereof the word “highest”) (on a petition); and

Relative to the school building assistance program (Senate, No. 1851) (reported from the Senate committee on Ways and Means pursuant to Senate Rule 19);

Severally passed to be engrossed by the Senate, were read; and they were referred, under Rule 33, to the committee on Ways and Means.

 

A Bill providing for the annual observance of Jack Kerouac Day (Senate, No. 1571) (on a petition), passed to be engrossed by the Senate, was read; and it was referred, under Rule 7A, to the committee on Steering, Policy and Scheduling.

 

A petition of Stephen M. Brewer, Stephen Kulik and John F. Merrigan (by vote of the towns) for legislation to provide for a recall election for the Athol-Royalston regional school district, came from the Senate referred, under suspension of Joint Rule 12, to the committee on Election Laws.

The House then concurred with the Senate in the suspension of said rule; and the petition (accompanied by bill, Senate, No. 1854) was referred, in concurrence, to the committee on Election Laws.

 

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 12 be suspended on the petition of Joseph C. Sullivan and Robert A. Havern relative to toll enforcement on the Tobin Memorial Bridge by the Registrar of Motor Vehicles. Under suspension of the rules, on motion of Mr. Donato of Medford, the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Safety. Sent to the Senate for concurrence.

 

Mr. Rogers of Norwood, for the committee on Ways and Means, on a message from His Excellency the Governor (House No. 1), reported, in part, a Bill making appropriations for the fiscal year 2002 for the maintenance of the departments, boards, commissions, institutions and certain activities of the Commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements (House, No. 4100) [Direct Appropriations: $21,772,026,504.00; Retained Revenue: $188,372,773.00; Lottery Distribution: $790,000,000.00; and Total Appropriation: $22,750,399,277.00]. 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 the rules, on motion of Mr. Donato of Medford, the bill was read a second time forthwith; and it was ordered to a third reading.

 

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

Regulating public notice of meetings of municipal governmental bodies (House, No. 486);

Establishing an open space fund in the town of Wareham (House, No. 1707) [Local Approval Received];

To deter unlicensed practice of engineering and land surveying (House, No. 2894); and

Regulating travel agencies (House, No. 2903);

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

Of the Bill providing for an advisory board on economic development for each county accepting this section (House, No. 3061),—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. Kujawski of Webster, for the committee on Steering, Policy and Scheduling, asking to be discharged from further consideration of the Bill relative to the noncriminal disposition of violations of regulations (House, No. 2943),— and recommending that the same be referred to the committee on the Judiciary. Under Rule 42, the report was considered forthwith; and it was accepted. Sent to the Senate for concurrence in the reference.

 

By Mr. Binienda of Worcester, for the committee on Energy, on Senate, No. 363 and House, Nos. 2154, 2886 and 2887, an Order relative to authorizing the committee on Energy to make an investigation and study of certain Senate and House documents concerning motor vehicle oil recycling, home energy assistance, the use of coal in electric generating facilities and petroleum product pricing (House, No. 4125). 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. Binienda of Worcester, for the committee on Energy, on a petition, a Resolve investigating heating oil supply in the Commonwealth (House, No. 3920). Read; and referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

 

By Mr. Broadhurst of Methuen, for the committee on Science and Technology, that the Bill amending the Uniform Commercial Code covering provisions dealing with secured transactions (House, No. 2111) ought to pass. Referred, under Rule 33, to the committee on Ways and Means.

 

By Mr. Binienda of Worcester, for the committee on Energy, on a petition, a Bill to increase oil burner efficiency (House, No. 2150).

By the same member, for the same committee, on a petition, a Bill creating an oil space heat efficiency upgrade rebate program (House, No. 3916).

By Mrs. Parente of Milford, for the committee on Local Affairs, on House, Nos. 189 and 195, a Bill relating to municipal leasing of departmental equipment (House, No. 195).

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

 

By Mr. Scaccia of Boston, for the committee on Rules, that the Bill authorizing the town of Tewksbury to convey certain conservation land (Senate, No. 1047) ought to pass [Local Approval Received]. Referred, under Rule 7A, to the committee on Steering, Policy and Scheduling.

 

By Mrs. Parente of Milford, for the committee on Local Affairs, on the recommendation of the Department of Housing and Community Development, a Bill to expand the use of interlocal agreements (House, No. 102).

By the same member, for the same committee, on House, Nos. 189 and 196, a Bill regarding conservation commission consultant fees (House, No. 196).

By the same member, for the same committee, on House, Nos. 189 and 198, a Bill establishing betterment reserve funds (House, No. 198).

By the same member, for the same committee, on a petition, a Bill relative to compensated absences in cities and towns (House, No. 1623).

By the same member, for the same committee, on a petition, a Bill relative to expenditures of certain municipal and district monies (House, No. 1624).

By the same member, for the same committee, on a petition, a Bill to simplify the rules for use of municipal departmental revolving funds (House, No. 2009).

By the same member, for the same committee, on a petition, a Bill to authorize cities and towns to establish special purpose funds (House, No. 2010).

By the same member, for the same committee, on a petition, a Bill authorizing conservation commissions to impose fees for the employment of outside consultants (House, No. 2944, changed in section 2, in line 6, by inserting after the word “consultants” the words “in connection with any wetlands permit application under state or local law”).

By the same member, for the same committee, on a petition, a Bill relative to employment contracts for municipal attorneys (House, No. 2945).

By the same member, for the same committee, on a petition, a Bill authorizing the town of Walpole to use certain forest land for school purposes (House, No. 4055) [Local Approval Received].

By Mr. Dempsey of Haverhill, for the committee on Public Service, on a petition, a Bill establishing a sick leave bank for a certain employee of the Department of Correction (House, No. 4094).

By Mr. Hall of Westford, for the committee on State Administration, on House, No. 1687, a Bill authorizing the town of Wareham to release their interests in a certain parcel of land (House, No. 4126) [Local Approval Received].

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

 

Emergency Measures.

The engrossed Bill establishing a sick leave bank for Michael Sylvia, an employee of the Juvenile Court Department (see House, No. 4049), 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 10 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.

 

The engrossed Bill making appropriations for the fiscal year 2001 to provide for supplementing certain existing appropriations and for certain other activities and projects (see House, No. 4070, 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 15 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.

 

Reconsideration.

Mr. Rogers of Norwood asked unanimous consent that the action be reconsidered by which the House, on Thursday, April 5, referred a message from His Excellency the Governor recommending legislation relative to further regulating the use of outside sections (House, No. 4078) to the joint committee on Ways and Means; and, there being no objection, the motion to reconsider was entertained forthwith and it prevailed.

The message then was referred, on further motion of the same member, with the accompanying draft of a bill, to the House committee on Ways and Means.

 

Orders of the Day.

The Senate Bill establishing a capital investment fund in the town of Blackstone (Senate, No. 1026), 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 House Bill relative to certain bonds issued by the Commonwealth (House, No. 3907) (its title having been changed by the committee on Bills in the Third Reading), reported by said committee to be correctly drawn, was read a third time; and it was passed to be engrossed. Sent to the Senate for concurrence.

 

Order.

On motion of Mr. Rogers of Norwood,—

Ordered, That, when the House adjourns today, it adjourn to meet on Monday next at one o’clock P.M.; and that, notwithstanding the provisions of House Rule 12, the Clerk be directed to print a Calendar for said sitting containing only the General Appropriation Bill (see House, No. 4100).

 

 

At a quarter after twelve o’clock noon, on motion of Mr. Rogers of Norwood (Mr. DiMasi of Boston being in the Chair), the House adjourned, to meet on Monday next at one o’clock P.M.