JOURNAL OF THE HOUSE.
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Wednesday,
May 28, 2003. |
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Met according to adjournment,
at eleven o’clock A.M., with Mr. O’Flaherty of Chelsea 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 profess our faith
in You, Your realty in our lives and Your personal concern for our total
well-being. We also place our trust in You and in Your often mysterious
ways which we, at times, find difficult to understand or even accept.
In our role as legislators, we depend upon Your gifts of wisdom and counsel
in session and out of session as we address our tasks and responsibilities
in these times of change and new challenges. Inspire us to be thoughtful
leaders and managers of change rather than unprepared victims of change.
In Your kindness, grant us the strength and courage to remain faithful
to our ideals and values and to the principles and practices of our personal
religious commitments.
Bestow Your blessings on the Speaker,
the members and employees of this House and their families. Amen.
At the request of the Chair (Mr.
O’Flaherty), the members, guests and employees joined with him in
reciting the pledge of allegiance to the flag.
Statement
Concerning Representative Bosley of North Adams.
A statement of Mr. DiMasi of Boston
concerning Mr. Bosley of North Adams was spread upon the records of the
House, as follows:
MR. SPEAKER:
I would like to call to the attention of the House the fact that one of
our colleagues, Representative Bosley of North Adams, was not present
in the House Chamber for today’s sitting due to personal reasons.
Any roll calls that he missed today was due entirely to the reason stated.
If he could have been present for the taking of the yeas and nays on ordering
to a third reading the House Bill relative to the enforcement of the safety
belt law (House, No. 2128), he would have voted in the affirmative.
Statement Concerning
Representative Canavan of Brockton.
A statement of Mr. DiMasi of Boston
concerning Mrs. Canavan of Brockton was spread upon the records of the
House, as follows:
MR. SPEAKER: I
would like to call to the attention of the House the fact that one of
our colleagues, Representative Canavan of Brockton, will not be present
in the House Chamber for today’s sitting due to a previously scheduled
family vacation. Any roll calls that she may miss today or for the next
few days will be due entirely to the reason stated.
Statement Concerning
Representative Golden of Boston.
A statement of Mr. DiMasi of Boston
concerning Mr. Golden of Boston was spread upon the records of the House,
as follows:
MR. SPEAKER: I
would like to call to the attention of the House the fact that one of
our colleagues, Representative Golden of Boston, will not be present in
the House Chamber for today’s sitting due to his active duty status
with the United States Army. Any roll calls that he may miss today or
for the next several weeks will be due entirely to the reason stated.
Statement Concerning Representative Kennedy of Brockton.
A statement of Mr. DiMasi of Boston concerning Mr. Kennedy of Brockton was spread upon the records of the House, as follows: MR. SPEAKER:
I would like to call to the attention of the House the fact that one of our colleagues, Representative Kennedy of Brockton,
will not be present in the House Chamber for
today’s sitting due to his attendance to previously scheduled personal
matters. Any roll calls that he may miss today or for the next several
days will be due entirely to the reason stated.
Statement
of Representative Knuuttila of Gardner.
A statement of Mr. Knuuttila of
Gardner was spread upon the records of the House, as follows:
MR. SPEAKER:
I would like to call to the attention of the House the fact that I will
be unable to be present in the House Chamber for the remainder of today’s
sitting due to official business outside of the State House. Any roll
calls that I may miss today will be due entirely to the reason stated.
Statement
Concerning Representative Koutoujian of Newton.
A statement of Mr. DiMasi of Boston
concerning Mr. Koutoujian of Newton was spread upon the records of the
House, as follows:
MR. SPEAKER: I
would like to call to the attention of the House the fact that one of
our colleagues, Representative Koutoujian of Newton, will not be present
in the House Chamber for today’s sitting due to participating with
his father in an election observation mission in the Republic of Armenia
with the Organization for Security and Co-operation in Europe (OSSE).
Any roll calls that he may miss today or for the next few days will be
due entirely to the reason stated.
Statement
Concerning Representative Naughton of Clinton.
A statement of Mr. DiMasi of Boston
concerning Mr. Naughton of Clinton was spread upon the records of the
House, as follows:
MR. SPEAKER: I
would like to call to the attention of the House the fact that one of
our colleagues, Representative Naughton of Clinton, will not be present
in the House Chamber for today’s sitting due to the birth of his
son, Eamon Bartholomew Naughton, on Monday. Any roll calls that he may
miss today or for the next few days will be due entirely to the reason
stated.
Statement
Concerning Representative Pignatelli of Lenox.
A statement of Mr. DiMasi of Boston
concerning Mr. Pignatelli of Lenox was spread upon the records of the
House, as follows:
MR. SPEAKER: I
would like to call to the attention of the House the fact that one of
our colleagues, Representative Pignatelli of Lenox, will not be present
in the House Chamber for today’s sitting due to his attendance at
the funeral of Sergeant David Nutt, a soldier in the United States Army
who lost his life in the line of duty in Iraq. Any roll calls that he
may miss today is due entirely to the reason stated.
Statement
Concerning Representative Rivera of Springfield.
A statement of Mr. DiMasi of Boston
concerning Ms. Rivera of Springfield was spread upon the records of the
House, as follows:
MR. SPEAKER: I
would like to call to the attention of the House the fact that one of
our colleagues, Representative Rivera of Springfield, will not be present
in the House Chamber for today’s sitting due to a previously scheduled
personal commitment outside of the country. Any roll calls that she may
miss today or for the next few days will be due entirely to the reason
stated.
Statement Concerning
Representative Story of Amherst.
A statement of Mr. DiMasi of Boston
concerning Ms. Story of Amherst was spread upon the records of the House,
as follows:
MR. SPEAKER: I
would like to call to the attention of the House the fact that one of
our colleagues, Representative Story of Amherst, will not be present in
the House Chamber for today’s sitting due to circumstances requiring
her attendance outside of the Commonwealth. Any roll calls that she may
miss today or for the next few days will be due entirely to the reason
stated.
Resolutions.
Resolutions (filed with the Clerk
by Mr. Connolly of Everett) congratulating Mr. and Mrs. Peter Foti on
their sixtieth wedding anniversary, 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. Ruane of Salem, the resolutions
(reported by the committee on Bills in the Third Reading to be correctly
drawn) were considered forthwith; and they were adopted.
Petitions.
Mr. Fagan of Taunton presented
a petition (accompanied by bill, House, No. 3871) of James H. Fagan (with
the approval of the mayor and city council) that the city of Taunton be
authorized to re-institute an early retirement incentive program; and
the same was referred to the committee on Public Service. Sent to the
Senate for concurrence.
Petitions severally were presented
and referred as follows:
By Mr. Fallon of Malden, petition
(subject to Joint Rule 12) of Christopher G. Fallon that the State Retirement
Board be authorized to allow Carol Dingle to buy back certain retirement
benefits.
By Mr. Rodrigues of Westport,
petition (subject to Joint Rule 12) of Michael J. Rodrigues, Joan M. Menard
and another relative to notices to notaries
public and justices of the peace prior to the expiration of
their commissions.
By the same member, petition (subject
to Joint Rule 12) of Michael J. Rodrigues and Joan M. Menard for legislation
to authorize the Department of Correction to establish a sick leave bank
for Emanuel Roque, an employee of said department.
By Mr. Spellane of Worcester,
petition (subject to Joint Rule 12) of Robert Spellane, other members
of the General Court and others for legislation to establish a registered
clinical exercise physiologist licensing board.
Severally, under Rule 24, to the
committee on Rules.
Reports
of Committees.
By Mr. Vallee of Franklin, for
the committee on Criminal Justice, on House, No. 2569, a Bill to protect
federal transportation funding and strengthen drunk driving law (House,
No. 3870). 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. Vallee, 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, that the Bill designating
memorial names to certain bridges and a park in Billerica (House, No.
1036) be scheduled for consideration by the House. Placed in the Orders
of the Day for the next sitting for a second reading.
Orders
of the Day.
House bills
Relative to requests for local
audits (House, No. 5);
Regarding the definitions applicable
to sections 133A to 133E of Chapter 6 technical changes (House, No. 7);
Regarding discounts for low-income
utility customers (House, No. 522);
Relative to radiation exposure
records of nuclear power plant workers (House, No. 532);
Authorizing the Superintendent
of State Office Buildings to install a plaque in the State House honoring
Lt. Frances Y. Slanger (House, No. 619);
Authorizing the town of Topsfield
to grant to certain persons special per diem liquor licenses (House, No.
1480);
Authorizing the town of Topsfield
to issue a license for the sale of wine and malt beverages not to be drunk
on the premises (House, No. 1481);
Authorizing the town of Topsfield
to issue a license for the sale of wine and malt beverages to be drunk
on the premises (House, No. 1482);
Relative to the timber bulkhead
in Oak Bluffs Harbor (House, No. 1596);
Providing for the annual observance
of certain civil war infantry regiments days (House, No. 1764);
Establishing October twentieth
as Democracy Day (House, No. 1769);
Pertaining to emergency medical
services (House, No. 1914);
Relative to the annual observance
of International History Month (House, No. 1939);
Providing for life cycle cost
estimates to include energy recovery methods (House, No. 2789);
Proclaiming the first week of
October as Massachusetts Safe Schools Week (House, No. 2887);
To increase the retaliation penalty
and to exclude malicious reporting from such protection under the Disabled
Persons Protection Commission pursuant to General Laws Chapter 19C (House,
No. 3241); and
Relative to a certain license
for the sale of wines and malt beverages in the town of Milford (House,
No. 3728);
Severally were read a second time;
and they were ordered to a third reading.
House reports
Of the committee on Energy, ought
NOT to pass, on the petition (accompanied by bill, House, No. 539) of
Vincent A. Pedone, Carol A. Donovan and Matthew C. Patrick relative to
distribution by the Department of Public Health of thyroid-blocking agents
to cities and towns within a ten mile radius of nuclear power plants;
and
Of the committee on Public Safety,
ought NOT to pass, on the petition (accompanied by bill, House, No. 594)
of Barry R. Finegold relative to work release programs for certain persons
incarcerated in correctional institutions of the Commonwealth; and
Of the same committee, ought NOT
to pass, on the petition (accompanied by bill, House, No. 2484) of Paul
C. Casey that the Department of Correction be directed to study the efficacy
of therapeutic chemical intervention of persons convicted of certain crimes;
Severally were accepted.
Recess.
At eighteen minutes after eleven
o’clock A.M., on motion of Mr. Casey of Winchester (Mr. O’Flaherty
of Chelsea being in the Chair), the House recessed until twelve o’clock
noon; and at seven minutes after twelve o’clock the House was called
to order with the Speaker in the Chair.
Order.
On motion of Mr. DiMasi of Boston,—
Ordered, That
a special committee of the House be appointed to escort His Excellency
the Governor, Her Honor the Lieutenant-Governor and the Executive Council
to the House Chamber for the purpose of administering the oaths of office
to Representative-elect Joseph R. Driscoll, Jr., of Braintree.
The Speaker then appointed Representatives
O’Flaherty of Chelsea, Eldridge of Acton, Walsh of Lynn, Petersen
of Marblehead, L’Italien of Andover, Howland of Freetown, O’Brien
of Kingston, Hynes of Marshfield, Poirier of North Attleborough, Patrick
of Falmouth, Blumer of Framingham, Parente of Milford, Walrath of Stow
and Murphy of Weymouth as the special committee of the House.
Special Communication.
The following communication, together
with returns of votes and schedules therein referred to, was received
from the Secretary of the Commonwealth, to wit:—
Commonwealth of Massachusetts
Office of the Secretary
State House, Boston 02133
May 28, 2003.
To the Honorable House of Representatives:
I have the honor to lay before
you the returns of votes cast at the special election held in this Commonwealth
on the thirteenth day of May, 2003 for Representative in General Court,
5th Norfolk District, together with schedules showing the number of ballots
which appear to have been cast for each person voted for.
These returns have been duly canvassed
by the Governor and Council, and are now transmitted for examination by
the House of Representatives, as required by the Constitution.
Very truly yours,
WILLIAM FRANCIS GALVIN,
Secretary of the Commonwealth.
The communication was read; and,
there being no objection, it was placed on file.
Member
Qualified.
Soon afterward, under escort of
the special committee of the House and the Sergeant-at-Arms, His Excellency
the Governor, Mitt Romney, accompanied by Her Honor the Lieutenant-Governor,
Kerry Murphy Healy, the Honorable Council and Mr. Driscoll came in; the
oaths and affirmation required by the Constitution and laws were administered
by His Excellency to the member-elect then present, and were subscribed
by him; after which His Excellency declared that the member was duly qualified
to enter upon the discharge of his duties.
After brief remarks by Mr. Driscoll,
he was assigned seat No. 134 by the Speaker.
His Excellency the Governor, Her
Honor the Lieutenant-Governor, and the Honorable Councillors then departed
the Chamber under escort of the Sergeant-at-Arms.
Recess.
At twenty minutes before one o’clock
P.M., the Speaker declared a recess until one o’clock P.M.; and
at eleven minutes after one o’clock the House was called to order
with Mr. Rogers of Norwood in the Chair.
Orders
of the Day.
The motion of Mr. Rushing of Boston,
that the vote be reconsidered by which the House, on Thursday, May 15,
adopted the emergency preamble contained in the engrossed Bill relative
to the compensation of certain members of the General Court (see House,
No. 3743) was considered.
After debate the motion to reconsider
was negatived.
Mrs. Harkins of Needham being
in the Chair,—
The House Bill relative to the
enforcement of the safety belt law (House, No. 2128) was read a second
time.
After debate on the question on
ordering the bill to a third reading, Ms. Rogeness of Longmeadow asked
for a count of the House to ascertain if a quorum was present. The Chair
(Mrs. Harkins of Needham), 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 142 members were recorded as being in attendance.
[See Yea and Nay No. 111 in
Supplement.]
Therefore a quorum was present.
Subsequently a statement of Mr.
Costello of Newburyport was spread upon the records of the House, as follows:
MR.
SPEAKER: I
would like to call to the attention of the House the fact that I was not
present in the House Chamber for the taking of the previous roll call
due to following portions of the Senate debate on amendments to the General
Appropriations Bill.
After further debate on the question
on ordering the bill to a third reading, the sense of the House was taken
by yeas and nays, at the request of Ms. Gifford of Wareham; and on the
roll call 73 members voted in the affirmative and 73 in the negative.
[See Yea and Nay No. 112 in
Supplement.]
Therefore the House refused to
order the bill to a third reading.
Mr. Kaufman of Lexington then
moved that this vote be reconsidered; and, under Rule 54, the motion to
reconsider was placed in the Orders of the Day for the next sitting.
Order.
On motion of Mr. Finneran of Boston,—
Ordered, That
when the House adjourns today, it adjourn to meet tomorrow at eleven o’clock
A.M.
Miss Reinstein of Revere then
moved that the House adjourn; and the motion prevailed. Accordingly, without
further consideration of the remaining matters in the Orders of the Day,
at thirteen minutes before four o’clock P.M., (Mrs. Harkins of Needham
being in the Chair) the House adjourned, to meet tomorrow at eleven o’clock
A.M.
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