House Journal, April 30, 2003

Gracious God, Creator and Lord of all, we look to You for guidance and direction as we take up and address the important and consequential items on today’s legislative Calendar. Your gifts of wisdom and counsel enable us to propose, evaluate and enact sound and fair legislative programs and policies. When our legislative options appear to be limited, inspire us to select the most reasonable, just and ethical choices which best serve the people and our communities. In our diverse society with a diversity of needs, teach us to recognize and respect the importance and relevance of basic human and spiritual values in daily living. In building a safe, caring and responsible society, grant us the good sense to be open to the values and experiences of others, but remain faithful to our own principles, goals and priorities.

At the request of the Speaker, the members, guests and employees joined with him in reciting the pledge of allegiance to the flag.

Mr. DiMasi of Boston then 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 154 members were recorded as being in attendance.

Therefore a quorum was present.

Mr. DiMasi of Boston offered the following order: —

Ordered, That notwithstanding the provisions of House order, No. 3730, while the General Appropriation Bill is under consideration, a member may offer text contained in a withdrawn amendment as a further amendment to amendments consolidated by the committee on Ways and Means; provided, however, that said further amendment shall be changed to be in compliance with the provisions of said House order, No. 3730.

After remarks the order was adopted.

Resolutions (filed with the Clerk by Mr. Hill of Ipswich and Speaker Finneran of Boston) congratulating Lieutenant Colonel Susan E. Thibodeau on the occasion of her retirement from the United States Air Force, 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. Hill, the resolutions (reported by the committee on Bills in the Third Reading to be correctly drawn) were considered forthwith; and they were adopted.

A communication from the State of Arizona transmitting a copy of concurrent Resolution 1022 rescinding all of said state’s previous calls for a constitutional convention to amend the Constitution of the United States, was placed on file.

Petitions severally were presented and referred as follows:

By Mrs. Gomes of Harwich, petition (accompanied by bill, House, No. 3842) of Shirley Gomes and Robert A. O’Leary (by vote of the town) relative to affordable housing in the town of Provincetown. To the committee on Housing and Urban Development.

By the same member, petition (accompanied by bill, House, No. 3843) of Shirley Gomes and Robert A. O’Leary (by vote of the town) relative to the maintenance and improvement of open space property in the town of Provincetown. To the committee on Taxation.

By the same member, petition (accompanied by bill, House, No. 3840) of Shirley Gomes and Robert A. O’Leary (by vote of the town) relative to the relocation and alteration of High Pole Hill Road in the town of Provincetown. To the committee on Transportation.

Severally sent to the Senate for concurrence.

Mr. Greene of Billerica (by request) presented a petition (subject to Joint Rule 12) of James Christian Perry and others for adoption of resolutions by the General Court relative to human rights, civil liberties and other protections provided by Constitutions of the United States and the Commonwealth of Massachusetts and various other international charters and covenants; and the same was referred, under Rule 24, to the committee on Rules.

A Bill relative to the election of members of the Board of Selectmen in the town of Charlton (printed in Senate, No. 1983) (on a message from His Excellency the Governor), 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. Carron of Southbridge, the bill was read a second time forthwith; and it was ordered to a third reading.

Subsequently, 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, in 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, House, No. 486) of John J. Binienda relative to the disclosure of motor fuel pricing policies to retail dealers,— and recommending that the same be referred to the committee on Energy. Under Rule 42, the report was considered forthwith; and it was accepted. Sent to the Senate for concurrence.

By Mr. Kujawski of Webster, for the committee on Steering, Policy and Scheduling, that the House Bill establishing a sick leave bank for Natasha Searcy, an employee of the Trial Court (House, No. 3818) be scheduled for consideration by the House.

Under suspension of Rule 7A, on motion of Mr. Binienda of Worcester, the bill was read a second time forthwith; and it was ordered to a third reading.

By Mr. Swan of Springfield, for the committee on State Administration, on a petition, a Resolve providing for the creation of a special commission relative to a new seal and new motto for the Commonwealth (House, No. 1210). Read; and referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

By Mrs. Parente of Milford, for the committee on Long-Term Debt and Capital Expenditures, that the Bill consolidating Massachusetts Housing Finance Agency mortgage loans (House, No. 3734) ought to pass. Referred, under Rule 33, to the committee on Ways and Means.

By Mr. Swan of Springfield, for the committee on State Administration, on a petition, a Bill to protect tropical rain forests by restricting state purchases of certain wood products (House, No. 1211).

By the same member, for the same committee, on a petition, a Bill to authorize the acquisition of land, the development and construction of an underground railroad, civil rights and black heritage museum and cultural center in Springfield (House, No. 1595).

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

By Mr. Swan of Springfield, for the committee on State Administration, on a petition, a Bill establishing Juneteenth Independence Day (House, No. 1936). Read; and referred, under Rule 7A, to the committee on Steering, Policy and Scheduling.

The engrossed Bill relative to the appointment of a city councilor in the city of Marlborough (see House, No. 3812) (which originated in the House), having been certified by the Clerk to be rightly and truly prepared for final passage, was passed to be enacted; and it was signed by the Speaker and sent to the Senate.

The House Bill making appropriations for the fiscal year 2004 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. 4000) was read a second time.

Pending the question on ordering the bill to a third reading, Mr. Murphy of Burlington and other members of the House moved, there being no objection, that it be amended [A]in section 2, in item 0611-5500 by striking out the figures “379,767,936” and inserting in place thereof the figures “465,626,100” and by adding at the end of said item the following:

“9110-1455 For the cost of the subsidized prescription drug insurance program established by section 39 of Chapter 19A of the General Laws, provided that the executive office of elder affairs amend the eligibility criteria to provide maximum insurance coverage given the funding level established here; and provided further, that the executive office of elder affairs work with the federal government to receive a federal waiver for financial assistance with this prescription drug insurance program and shall notify the house and senate ways and means committees within seven days of the approval or denial of

in section 3, in line 5, by striking out the figures “661,378,162” and inserting in place thereof the figures “758,639,652” and in said line by inserting after the word “section” the following: “; provided that $97,261,490 shall be paid from the Commonwealth Fiscal Transition Loan Act Fund . . . . . 100.00%”; and by adding at the end thereof the following section:—

“Section 470. Section 1. There is hereby established on the books of the commonwealth a separate fund to be known as the Commonwealth Fiscal Transition Loan Act Fund. Notwithstanding any general or specific law to the contrary, there shall be credited to said fund such amounts as may be appropriated by Section 2 of this amendment creating the Commonwealth Fiscal Transition Loan Act for the purpose of supplementing certain accounts that provide funding for Prescription Advantage Plus, so-called, and Local Aid to the communities of the Commonwealth of Massachusetts.

Section 2. To meet the expenditures authorized pursuant to section two of the general appropriations act for fiscal year 2004 and by subsequent supplements thereto and for which other revenues are not available, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth, in an amount to be specified by the governor from time to time, but not exceeding in the aggregate $400,000,000. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, Commonwealth Fiscal Transition Loan Act of 2003, and shall be issued for such maximum term of years, not exceeding five years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth of Massachusetts; provided, however, that all such bonds shall be payable not later than December 31, 2008. Bonds and interest thereon issued under the authority of this section shall be general obligations of the commonwealth.

Section 3. The state treasurer may borrow from time to time on the credit of the commonwealth such sums as may be necessary for the purpose of meeting payments authorized pursuant to section two of the general appropriations act for fiscal year 2004 and by subsequent supplements thereto that are to be funded pursuant to section A and may issue and renew from time to time notes of the commonwealth therefor bearing interest payable at such time and at such rates as shall be fixed by the state treasurer. Such notes shall be issued and may be renewed one or more times for such terms, not exceeding one year, as the governor may recommend to the general court in accordance with Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth of Massachusetts, but the final maturity of such notes, whether original or renewal, shall not be later than June 30, 2004. Notes and interest thereon issued under the authority of this section shall be general obligations of the commonwealth.”.

Pending the question on adoption of the amendments, Mr. Festa of Melrose and other members of the House moved that the amendment offered by Mr. Murphy of Burlington, et als, be amended by striking out the text of said amendment [at “A”] and inserting in place thereof the following: “by adding at the end thereof the following section:

SECTION 470. Chapter 29 of the General Laws is hereby amended by inserting after section 2HHH the following section:—

Section 2III. The state treasurer shall, upon request of the governor, issue and sell bonds of the Commonwealth in an amount to be specified by the Governor from time to time, but not exceeding in the aggregate, the sum of $300,000,000. All bonds issued by the Commonwealth as aforesaid shall be designated on their face, Act of 2003 and shall be issued for such maximum term of years, not exceeding 5 years, as the Governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June 30, 2010. All interest and payments on account of principal on such obligation bonds issued pursuant to this section shall be special obligations of the Commonwealth.”.

After debate on the question on adoption of the further amendment, Ms. Grant of Beverly 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 150 members were recorded as being in attendance.

Therefore a quorum was present.

After further debate on the question on adoption of the further amendment, the sense of the House was taken by yeas and nays, at the request of Mr. Murphy of Burlington; and on the roll call 31 members voted in the affirmative and 126 in the negative.

Therefore the further amendment was rejected. The amendment offered by Mr. Murphy of Burlington, et als, then also was rejected.

Mr. Marzilli of Arlington then moved that the bill be amended by adding at the end thereof the following two sections:

“SECTION 470. Section 4 of chapter 62 as amended by Section 13 of Chapter 186 of the Acts of 2002 is hereby amended by striking paragraph (b) and inserting in place thereof the following paragraph:—

(b) Part B taxable income shall be taxed at the rate of 5.95 per cent for tax years beginning on or after [A]January 1, 2003.

SECTION 471. Chapter 184 of the acts of 2002 is hereby amended by striking section 183.”.

After debate on the question on adoption of the amendment (Mr. Correia of Fall River being in the Chair), Mr. Lepper of Attleboro asked for a count of the House to ascertain if a quorum was present. The Chair (Mr. Correia), 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 further debate on the question on adoption of the amendment, Mr. Patrick of Falmouth and other members of the House moved that the amendment offered by Mr. Marzilli be amended by striking out [at “A”] the date “January 1, 2003” and inserting in place thereof the date “January 1, 2004”. After debate the further amendment was rejected.

On the question on adoption of the amendment offered by Mr. Marzilli of Arlington, the sense of the House was taken by yeas and nays, at the request of Mr. Smizik of Brookline; and on the roll call 37 members voted in the affirmative and 119 in the negative.