JOURNAL OF THE HOUSE.
Thursday, May 10, 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:

Almighty God, Our Creator, we pause for a brief moment of prayer and reflection and seek Your guidance in both personal and legislative matters as we begin today’s legislative session. In Your kindness, help us to cope with the stress of daily living by organizing our own priorities and agenda (both personal and legislative) in a reasonable, mature and sensible manner. Help us to distinguish and recognize pressing issues from the less important in carrying out our obligations. Inspire us to pause during the course of the day to think about You and spiritual values.

Today, we offer our prayers on behalf of and for the good health of our Acting Governor, Jane Swift. May her hospital stay be beneficial for her good health and the good health of the twins as she prepares for delivery.

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.

Message from the Acting Governor — Veto.

A message from Her Honor the Lieutenant-Governor, Acting Governor, returning with her objections thereto in writing sections 10 and 11 contained in 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] (for message, see House, No. 4140) was filed in the Office of the Clerk on Monday, April 30.

The message was read. Pending proceeding to “reconsider” the said bill, under the provisions of Article II of Section I of Chapter I of the Constitution, notwithstanding the said objections, the message was referred, under Rule 30, to the committee on Ways and Means.

Messages from the Acting Governor.

A message from Her Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to improving welfare reform (House, No. 4141) was filed in the office of the Clerk on Monday, April 30.

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

A message from Her Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to providing for construction and reconstruction of town and county ways (House, No. 4142) was filed in the office of the Clerk on Wednesday, May 9.

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.

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 and other members of the House) honoring Ronald W. Gauch;

Resolutions (filed by Messrs. Marini of Hanson and O’Brien of Kingston) congratulating Christopher John Mehegan on receiving the Eagle Award of the Boy Scouts of America;

Resolutions (filed by Mr. Atsalis of Barnstable) memorializing officer Bradford M. Erickson of the Yarmouth Police Department on Police Memorial Day;

Resolutions (filed by Mr. Bosley of North Adams) honoring Tom McGrath;

Resolutions (filed by Mr. Brown of Wrentham) congratulating Lions Club District Governor Bob Wyler;

Resolutions (filed by Mrs. Canavan of Brockton) congratulating Rena G. Shea on the occasion of her retirement;

Resolutions (filed by Mr. Fagan of Taunton) congratulating Graziela (Grace) DiSanto;

Resolutions (filed by Mr. Frost of Auburn) congratulating Our Lady of Assumption School in Millbury

Resolutions (filed by Mrs. Hahn of Westfield) honoring Revered Frank “Skip” Danforth and Mary Ann Danforth;

Resolutions (filed by Representatives Locke of Wellesley and Pope of Wayland) congratulating Nancy Carapezza on her outstanding service as President of the League of Women Voters of Massachusetts;

Resolutions (filed by Representatives Reinstein of Revere, Connolly of Everett, Donato of Medford and Fallon of Malden) honoring Carol Dingle;

Resolutions (filed by Messrs. Rogers of New Bedford and Quinn of Dartmouth) honoring the Norwegian-Americans of the Greater New Bedford Community;

Resolutions (filed by Mr. Vallee of Franklin) congratulating Adam Thomas Tenerowicz on receiving the Eagle Award of the Boy Scouts of America; and

Resolutions (filed by Mr. Walsh of Boston) congratulating Patriarch Gregory III;

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

Petitions.

Petitions severally were presented and referred as follows:

By Ms. Polito of Shrewsbury, petition (accompanied by bill, House, No. 4143) of Karyn E. Polito and Pamela P. Resor (by vote of the town) relative to the alcoholic beverage license held by Mandarin Westborough, Inc., in the town of Westborough. To the committee on Government Regulations.

By Mrs. Gomes of Harwich, petition (accompanied by bill, House, No. 4144) of Shirley Gomes and Robert A. O’Leary (by vote of the town) relative to the use of certain funds in the town of Provincetown for affordable housing purposes. To the committee on Housing and Urban Development.

By the same member, petition (accompanied by bill, House, No. 4145) of Shirley Gomes and Robert A. O’Leary (by vote of the town) relative to establishing an affordable housing trust fund in the town of Provincetown; and

By Ms. Polito of Shrewsbury, petition (accompanied by bill, House, No. 4146) of Karyn E. Polito and Pamela P. Resor (by vote of the town) relative to the eligibility to hold the office of selectman in the town of Westborough;

Severally to the committee on Local Affairs.

By Mr. Hart of Boston, petition (accompanied by bill, House, No. 4137) of John A. Hart, Jr., Eugene L. O’Flaherty, Kevin G. Honan, Brian Paul Golden and Martin J. Walsh (with the approval of the mayor and city council) relative to the eligibility list for the position of fire fighter in the city of Boston. To the committee on Public Service.

By Mrs. Gomes of Harwich, petition (accompanied by bill, House, No. 4147) of Shirley Gomes and Robert A. O’Leary (by vote of the town) relative to betterment assessments in the town of Provincetown. To the committee on Taxation.

Severally sent to the Senate for concurrence.

Ms. Kaprielian of Watertown presented a petition (subject to Joint Rule 12) of Rachel Kaprielian and Steven A. Tolman relative to the taxation of real property; and the same was referred, under Rule 24, to the committee on Rules.

Mr. Scaccia of Boston, for the committee on Rules and the committees on Rules of the two branches, acting concurrently, then reported recommending that Joint Rule 12 be suspended. Under suspension of the rules, on motion of Ms. Kaprielian, the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Taxation. 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 waiving of the penalty or interest for failure to file a tax return as a result of criminal activity perpetrated against the taxpayer.

By Mr. Fallon of Malden, petition (subject to Joint Rule 12) of Christopher G. Fallon for legislation to require that the Massachusetts Bay Transportation authority measure sound pressure levels of surface level service areas.

By Ms. Malia of Boston, petition (subject to Joint Rule 12) of Elizabeth A. Malia for legislation to authorize the Department of Public Health to establish a sick leave bank for Ellen Coleman, an employee of said department.

By Mr. Naughton of Clinton, petition (subject to Joint Rule 12) of Harold P. Naughton, Jr., and James B. Leary (by vote of the town) relative to authorizing the Division of Capital Asset Management and Maintenance to convey certain land formerly owned by Worcester County in the town of West Boylston to said town.

By Mr. Santiago of Lawrence, petition (subject to Joint Rule 12) of Jose L. Santiago and other members of the General Court relative to the punishment for leaving the scene of a motor vehicle accident.

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

Communications.

Communications

From the Executive Office for Administration and Finance, Division of Capital Asset Management and Maintenance, submitting a copy of the Commonwealth of Massachusetts Real Property Report for the fiscal year 2001;

From the Office of the Inspector General submitting its report on the design and construction of the University of Massachusetts Computer Science Center;

From the Department of Telecommunications and Energy submitting a report of its activities for the calendar year 2000; and

From Wonderland Greyhound Park, Inc. (under the provisions of Paragraph 7 of Section 2 of Chapter 128C of the General Laws) submitting copies of contracts for the simulcasting of dog races;

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

Annual Reports.

Annual reports

Of the Community Development Finance Corporation (under the provisions of Section 137 of Chapter 133 of the Acts of 1992) relative to the Urban Initiative Fund; and

Of the Massachusetts Turnpike Authority (under the provisions of Section 20 of Chapter 81A of the General Laws) of its activities for the calendar year 2000;

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

Papers from the Senate.

Bills

Designating the Boston Cream Donut as the official donut of the Commonwealth (Senate, No. 1606) (on a petition);

Further regulating the licensing of certain home inspectors (Senate, No. 1856) (on Senate bill No. 1841);

Severally passed to be engrossed by the Senate, were read; and they were referred, under Rule 7A, to the committee on Steering, Policy and Scheduling.

A petition of Stanley C. Rosenberg and Ellen Story (by vote of the town) for legislation relative to the Amherst town charter, came from the Senate referred, under suspension of Joint Rule 12, to the committee on Local Affairs.

The House then concurred with the Senate in the suspension of said rule; and the petition (accompanied by bill, Senate, No. 1855) was referred, in concurrence, to the committee on Local Affairs.

Reports of Committees.

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 enhancement of laws relative to fire protection and safety and the Department of Fire Services (House, No. 154);

Of the Bill replacing the definition of farmer and farming (House, No. 179);

Of the Bill relative to emergency safety (House, No. 180);

Of the Bill concerning the disclosure of records involving citizen complaints and the discipline of public safety officers (House, No. 309);

Of the Bill relative to day care providers notifying their local fire department (House, No. 662);

Of the Bill relative to the sale of gas heating equipment (House, No. 2575);

Of the Bill relative to the dissemination of information to private detectives (House, No. 2957);

Of the Bill relative to the inspection of certain elevators (House, No. 2958);

Of the Bill relative to energy conservation measures (House, No. 3919);

Of the Bill promoting energy efficiency and conservation (House, No. 4006); and

Of the Bill relative to the underground cable reimbursement schedule (House, No. 4074);

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

Of the Bill exempting intrastate bus fares from regulation by the Department of Telecommunications and Energy (House, No. 57);

Of the Bill relative to the leasing of municipal property (House, No. 1621, changed); and

Of the Bill establishing legislation to further regulate the issuance of entertainment licenses (House, No. 3284);

And recommending that the same severally 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 to enhance pedestrian safety at pedestrian crosswalks (House, No. 1088),— and recommending that the same be recommitted to the committee on Public Safety. Under Rule 42, the report was considered forthwith; and it was accepted.

By Mr. Toomey of Cambridge, for the committee on Public Safety, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 1079) of Thomas P. Kennedy and another relative to the issuance of distinctive license plates to certain disabled veterans,— and recommending that the same be referred to the committee on Taxation; and

By Mr. Dempsey of Haverhill, for the committee on Public Service, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 4131) of Paul Kujawski, David L. Flynn and Guy W. Glodis relative to public employees campaigning for part-time municipal offices,— and recommending that the same be referred to the committee on Election Laws.

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

By Mr. Hall of Westford, for the committee on State Administration, on a petition, a Bill renaming the Paine Building at Westborough State Hospital after Joseph Allen (House, No. 4120). 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. Correia of Fall River, the bill was read a second and (having been reported by the committee on Bills in the Third Reading to be correctly drawn) a third time forthwith; and it was passed to be engrossed, its title having been changed by said committee to read: “An Act designating the Paine Building at Westborough State Hospital as the Joseph Allen Hall.”. Sent to the Senate for concurrence.

By Mr. Kujawski of Webster, for the committee on Steering, Policy and Scheduling, that the Senate Bill relative to age discrimination in housing (Senate, No. 631) be scheduled for consideration by the House.

Under suspension of Rule 7A, on motion of Mr. Correia of Fall River, 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. Sent to the Senate for concurrence.

By Mr. Rogers of Norwood, for the committee on Ways and Means, that the House Bill relative to a water supply easement held by the Massachusetts Water Resources Authority in the town of Southborough (House, No. 1503) ought to pass.

Under suspension of the rules, on motion of Mr. Loscocco of Holliston, the bill was read a second time forthwith; and it was ordered to a third reading.

Subsequently, under suspension of the rules, on motion of Mr. Correia of Fall River, the bill was read a third time; and it was passed to be engrossed. Sent to the Senate for concurrence.

By Mr. Cahill of Beverly, for the committee on Housing and Urban Development, on a petition, a Bill to designate surplus state revenues for affordable housing construction (House, No. 3327).

By Mr. Toomey of Cambridge, for the committee on Public Safety, on House, Nos. 3402 and 3590, a Bill permitting the use of photomonitoring devices as a means of promoting traffic safety in the cities of Boston and Cambridge (House, No. 4138).

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

Engrossed Bills.

Engrossed bills

Relative to age discrimination in housing (see Senate, No. 631) (which originated in the Senate); and

Authorizing the Silver Lake Regional School District to grant an easement (see House, No. 3960, amended) (which originated in the House);

Severally having been certified by the Clerk to be rightly and truly prepared for final passage, were passed to be enacted; and they were signed by the acting Speaker and sent to the Senate.

Order.

On motion of Mr. Correia of Fall River,—

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

At thirteen minutes before twelve o’clock noon, on motion of Mr. Correia (Mr. DiMasi of Boston being in the Chair), the House adjourned, to meet on Monday next at eleven o’clock A.M., in an Informal Session.