JOURNAL OF THE HOUSE.
Thursday, May 17, 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 of Compassion and Forgiveness, for a moment we turn our thoughts to You and to spiritual values and realities. In our daily living and in dealing with other people, grant us a humility of spirit, integrity of intention, a right conscience and charity in disagreements. Teach us to reflect for a moment before we act or speak so that our decisions, actions and choices will be mature, objective and reasonable. Guide our efforts to remain faithful to You and to our personal, religious and philosophical commitments. With Your assistance, may we continue to look after the best interests of the people and our communities and build a stable and peaceful society in which human values and rights are respected and recognized.

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.

Communication from the Acting Governor.

The following communication from Her Honor the Lieutenant-Governor, Acting Governor, received this day in the Office of the Clerk, was read for the information of the House and sent to the Senate:

May 17, 2001.

To the Honorable Senate and House of Representatives:

Pursuant to Section 3 of Article LXII of the Amendments to the Constitution, I recommend that the terms of the loans authorized in section 29 of chapter 267 of the acts of 1995 for the purposes of item 7220-0961 of section 2 of said chapter 267, as most recently amended by section 26 of chapter 236 of the acts of 2000, and item 7462-7965 of section 2 of said chapter 267, as amended by section 27 of chapter 235 of the acts of the acts of 2000, not exceed forty years.

Respectfully submitted,

JANE SWIFT,Acting Governor.

Guest of the House.

During the session, the Speaker declared a recess subject to the call of the Chair; and introduced Harold Connolly, winner of the Gold Medal in the hammer throw competition at the 1956 Olympics in Melbourne, Australia. Mr. Connolly is the nephew of the late William P. Corbett, a member of the House from Somerville from 1929 to 1932, inclusive, and the late James Corbett, a member of the Senate from Somerville from 1949 to 1960, inclusive. Mr. Connolly, who was raised in the Allston section of the city of Boston, was the guest of Representative Honan of Boston.

Resolutions.

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

Resolutions (filed by Mr. Atsalis of Barnstable) congratulating retired Sergeant First Class Albert J. Madden for his distinguished career in the Armed Forces of the United States and for playing taps on Memorial Day since 1924;

Resolutions (filed by Ms. Blumer of Framingham) honoring Ralph T. Lepore III;

Resolutions (filed by Mrs. Creedon of Brockton) congratulating Randy E. Gellman on receiving the Eagle Award of the Boy Scouts of America;

Resolutions (filed by Mr. Donnelly of Boston) on the occasion of the dedication of the Albert M. Todesca, Jr., Memorial Baseball Field;

Resolutions (filed by Representatives Fox of Boston and Walrath of Stow) congratulating Susie Mae Martin on the occasion of her ninetieth birthday;

Resolutions (filed by Representatives Fox of Boston, Owens-Hicks of Boston, St. Fleur of Boston, Rushing of Boston, Barrios of Cambridge and Swan of Springfield) honoring Reverend Leon H. Sullivan on his accomplishments as a civil rights leader and founder of self-help programs and initiatives;

Resolutions (filed by Mr. Galvin of Canton) congratulating Sister Catherine Gilmore on the occasion of her Golden Jubilee as a member of the Sisters of St. Joseph;

Resolutions (filed by Mr. Galvin of Canton) congratulating Herbert “Butch” King on receiving the Public Safety Award of the Canton Knights of Columbus;

Resolutions (filed by Mr. Galvin of Canton) congratulating Eric W. Wade on receiving the Public Safety Award of the Canton Knights of Columbus;

Resolutions (filed by Mr. Linsky of Natick) congratulating Thomas Carr;

Resolutions (filed by Mr. Petersen of Marblehead) congratulating Robert A. Farrell; and

Resolutions (filed by Mr. Swan of Springfield) congratulating Roy Hines, Sr., on the occasion of his retirement;

Mrs. Harkins of Needham, 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. Galvin, 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 Executive Office for Administration and Finance (under the provisions of Section 3B of Chapter 7 of the General Laws) submitting additional information regarding proposed changes in fees for licenses, permits and services to be charged by certain state agencies;

From the Human Resources Division of the Executive Office for Administration and Finance (under the provisions of Section 25 of Chapter 31 of the General Laws) submitting a list of deputy police chief and police chief eligibility lists which were revoked effective May 1, 2001; and

From the Public Employee Retirement Administration Commission (PERAC) submitting a copy of the actuarial valuation report of the State Employees’ Retirement System for the period ending January 1, 2001;

Severally were placed on file.

Quarterly Reports.

Quarterly reports

Of the Division of Employment and Training (under the provisions of Section 68 of Chapter 233 of the Acts of 1983) relative to the condition of the Commonwealth’s Unemployment Insurance Trust Fund for the period ending December 31, 2000; and

Of the Massachusetts Turnpike Authority (under the provisions of Section 9 of Chapter 87 of the Acts of 2000) on the status of the Central Artery/Ted Williams Tunnel Project;

Severally were placed on file.

Petitions.

The following petitions (having been deposited in the office of the Clerk previously to five o’clock in the afternoon on Wednesday, December 6, 2000) severally were presented and they were referred, under Rule 24 and Joint Rule 13, as follows:

By Mrs. Creedon of Brockton, petition (accompanied by bill, House, No. 4161) of Geraldine Creedon, Robert S. Creedon, Jr., Thomas P. Kennedy and Christine E. Canavan relative to designating Brockton as the city of champions; and

By Mr. Turkington of Falmouth, petition (accompanied by bill, House, No. 4162) of Eric Turkington and Robert A. O’Leary (by vote of the town) relative to the terms of leases issued by the town of Oak Bluffs for the leasing of the timber bulkhead in Oak Bluffs Harbor;

Severally to the committee on State Administration.

Severally sent to the Senate for concurrence.

Petitions severally were presented and referred as follows:

By Mr. Galvin of Canton, petition (subject to Joint Rule 12) of William C. Galvin, Brian A. Joyce and others for legislation to designate the book “Make Way For Ducklings” by Robert McClosky as the official book of the Commonwealth.

By Mrs. Gomes of Harwich, petition (subject to Joint Rules 12 and 9) of Shirley Gomes and Robert A. O’Leary relative to the powers and duties of the Provincetown Pier Corporation.

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

Papers from the Senate.

Petitions were referred, in concurrence, under suspension of Joint Rule 12, as follows:

Petition (accompanied by bill, Senate, No. 1863) of Stephen M. Brewer, David C. Bunker, Jr., and Stephen F. Lynch for legislation to provide children of state employees killed while on duty tuition to state colleges and the state university; and

Petition (accompanied by bill, Senate, No. 1864) of Richard T. Moore, Paul Kujawski, Stephen M. Brewer, Guy W. Glodis and other members of the General Court for legislation relative to the net spending of the Southern Worcester County Regional Vocational School District;

Severally to the committee on Education, Arts and Humanities.

Petition (accompanied by bill, Senate, No. 1865) of Edward J. Clancy, Jr., Mark V. Falzone and Larry Joseph for legislation to require defibrillator training for certain individuals employed at certain tasks and the equipment necessary for immediate use. To the committee on Health Care.

Petition (accompanied by bill, Senate, No. 1866) of Guy W. Glodis, Harriette L. Chandler, Vincent A. Pedone, John J. Binienda and James B. Leary for legislation relative to the Massachusetts veterans shelter in the city of Worcester. To the committee on State Administration.

Petition (accompanied by bill, Senate, No. 1867) of Stephen M. Brewer and Harold P. Naughton, Jr., for legislation to designate a certain bridge in the town of Hardwick as the Stanley J. Nurek Bridge. To the committee on Transportation.

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 following petitions:

Petition (accompanied by bill) of Mary Jane Simmons and Thomas J. O’Brien relative to extended warranties issued on motor vehicles. To the committee on Commerce and Labor.

Petition (accompanied by bill) of Peter J. Larkin relative to the participation of charter school students in public school athletics; and

Petition (accompanied by bill) of George Rogers for legislation to authorize the establishment of dress codes in the public schools;

Severally to the committee on Education, Arts and Humanities.

Petition (accompanied by bill) of Mary Jane Simmons, James P. Jajuga, Paul C. Demakis, Viriato Manuel deMacedo, Christopher P. Asselin and another that voters be required to confirm their identity at polling places. To the committee on Election Laws.

Petition (accompanied by bill) of Brian S. Dempsey, Harriett L. Stanley and James P. Jajuga for legislation to further regulate the issuance of death certificates. To the committee on Government Regulations.

Petition (accompanied by bill) of Paul J. Donato relative to certain roadways in the city of Melrose and the town of Stoneham under the jurisdiction of the Metropolitan District Commission. To the committee on Housing and Urban Development.

Petition (accompanied by bill) of Demetrius J. Atsalis that the Department of Social Services be directed to prepare and distribute a pamphlet containing the rights of children in foster care;

Petition (accompanied by bill) of Demetrius J. Atsalis relative to distributing a manual of the policy and procedures of the Department of Social Services;

Petition (accompanied by bill) of Demetrius J. Atsalis relative to establishing an office of the family and children’s ombudsman; and

Petition (accompanied by bill) of James R. Miceli for legislation to provide grants to cities and towns for the construction, repair and remodeling of senior citizen centers;

Severally to the committee on Human Services and Elderly Affairs.

Petition (accompanied by bill) of Nancy Flavin and Harriette L. Chandler relative to insurance carriers. To the committee on Insurance.

Petition (accompanied by bill) of Mark Charalambous relative to abuse prevention orders;

Petition (accompanied by bill) of Mark Charalambous relative to abuse prevention orders; and

Petition (accompanied by bill) of Harrison T. Stedman relative to further regulating the payment of alimony;

Severally to the committee on the Judiciary.

Petition (accompanied by bill) of Mary S. Rogeness and other members of the House relative to the administration of drugs or vaccines to members of the militia. To the committee on Public Safety.

Petition (accompanied by bill) of Carol C. Cleven and other members of the General Court relative to exempting certain energy saving appliances from the sales tax; and

Petition (accompanied by bill) of Marc R. Pacheco, Steven Kulik and other members of the General Court relative to promoting the sale of local farm products through tax incentives and other methods;

Severally to the committee on Taxation.

Under suspension of the rules, on motion of Mr. Hynes of Marshfield, the reports were considered forthwith. Joint Rule 12 then was suspended, in each instance. Severally sent to the Senate for concurrence.

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

Of the Bill allowing local housing authorities access to criminal and other records of tenants and prospective tenants (House, No. 614);

Of the Bill proclaiming April as Armenian-American Heritage Month (House, No. 1501);

Of the Bill providing for the annual observance of World War II Commemoration Day (House, No. 1680);

Of the Bill proclaiming the first week of October as Massachusetts Safe Schools Week (House, No. 2983);

Of the Bill protecting the privacy of consumers regarding the Division of Professional Licensure (House, No. 4105); and

Of the Bill to enhance safety in public housing (House, No. 4123);

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

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

By Mr. Donnelly of Boston, for the committee on the Judiciary, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 642) of William M. Straus for legislation to regulate the use of social security numbers for identification purposes in the Commonwealth,— and recommending that the same be referred to the committee on Government Regulations. 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 regarding elderly abuse (House, No. 2533, changed) be scheduled for consideration by the House.

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

By Mr. Binienda of Worcester, for the committee on Energy, on House, Nos. 1576, 2146, 2149 and 3925, an Order relative to authorizing the committee on Energy to make an investigation and study of certain House documents concerning energy facilities and the aggregation of electrical loads by municipalities (House, No. 4156).

By Mrs. Parente of Milford, for the committee on Local Affairs, on Senate, Nos. 1022, 1023, 1038 and 1041 and House, Nos. 1240 and 2755, an Order relative to authorizing the committee on Local Affairs to make an investigation and study of certain Senate and House documents concerning the regulation of certain activities by zoning, parking regulations and subdivision control (House, No. 4157).

Severally 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, in each instance, asking to be discharged from further consideration of said orders; and recommending that the same severally be referred to the House committee on Rules.

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

By Mrs. Parente of Milford, for the committee on Local Affairs, on a petition, a Bill establishing a statewide library of zoning (House, No. 1065).

By the same member, for the same committee, on a petition, a Bill authorizing the town of Truro to convey certain conservation land (House, No. 4076) [Local Approval Received].

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

By Mr. Wagner of Chicopee, for the committee on Election Laws, on a petition, a Bill relative to the Dracut Water Supply District (House, No. 428).

By the same member, for the same committee, on a petition, a Bill concerning voter registration certificates (House, No. 430).

By the same member, for the same committee, on a petition, a Bill amending provisions of the special home rule charter act of the town of Needham relating to the size of the representative town meeting thereof and to the establishment and revision of precincts in said town (House, No. 3523) [Local Approval Received].

By the same member, for the same committee, on a petition, a Bill relative to the granting of licenses for the sale of alcoholic beverages in the town of Sharon (House, No. 3701) [Local Approval Received].

By the same member, for the same committee, on a message from His Excellency the Governor, a Bill validating certain elections held in the town of Essex (printed in House, No. 4052).

By the same member, for the same committee, on a message from His Excellency the Governor, a Bill relative to elections for town meeting member in Milford (printed in House, No. 4069).

By the same member, for the same committee, on a message from Her Honor the Lieutenant-Governor, Acting Governor, a Bill 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 (printed in House, No. 4133).

By Mr. Binienda of Worcester, for the committee on Energy, on House, Nos. 8 and 55, a Bill clarifying the jurisdiction of the Energy Facilities Siting Board (House, No. 55, changed by adding at the end thereof the following section:

“SECTION 4. The provisions of sections 1 through 3 of this act shall take effect on July 1, 2001 or the effective date of this act, whichever date is later.”) [Representative Polito of Shrewsbury dissenting].

By the same member, for the same committee, on House, Nos. 8 and 61, a Bill relative to technical corrections to the laws governing generating facilities (House, No. 61).

By Mrs. Parente of Milford, for the committee on Local Affairs, on a petition, a Bill to insure payment for off-duty or special detail work (House, No. 647).

By the same member, for the same committee, on a message from Her Honor the Lieutenant-Governor, Acting Governor, a Bill validating action taken at the special town meeting held by the town of Seekonk on October 23, 2000 (printed in House, No. 4134).

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

Order.

On motion of Mrs. Hahn of Westfield,—

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