JOURNAL OF THE HOUSE.
Wednesday, June 13, 2001.
 
 

Met according to adjournment, at eleven o’clock A.M., with Mr. Bosley of North Adams 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:

Gracious God, at the beginning of today’s legislative session, we open our hearts and minds to You and Your assistance as we seek Your guidance in addressing the items on today’s calendar. In order to carry out our responsibilities, we pray for the spirit of compassion, the spirit of kindness, the spirit of wisdom and the spirit of patience. Inspire us to exercise wisely the talents and gifts, which You have given to us, in a productive and mature manner so that the people, our communities and the common good will be well served. Help us to build confidence and trust in the minds of the electorate by our commitment to excellence in government, governing and our basic institutions. May our dedication to our work and political endeavors not lessen our dedication to our families and spiritual and human values.

Grant Your blessings to the Speaker, the members and employees of this House and their families. Amen.

At the request of the Chair (Mr. Bosley), the members, guests and employees joined with him in reciting the pledge of allegiance to the flag.

Resolutions.

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

Resolutions (filed by Messrs. Jones of North Reading and Casey of Winchester) congratulating Assistant Principal William Cowles on the occasion of his retirement from the Reading public schools;

Resolutions (filed by Ms. Atkins of Concord) congratulating Shirley Warren on receiving the Golden Fife Award;

Resolutions (filed by Mr. Linsky of Natick) congratulating Dawn E. McNair on being named the 2002 Massachusetts Teacher of the Year;

Resolutions (filed by Representatives Smizik of Brookline, Balser of Newton, Demakis of Boston, Donnelly of Boston and Golden of Boston) congratulating Doctor James Walsh on the occasion of his retirement; and

Resolutions (filed by Mrs. Teahan of Whitman) in recognition of World No Tobacco Day;

Mr. Honan 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. Kaufman of Lexington, 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. Rogeness of Longmeadow, petition (accompanied by bill, House, No. 4222) of Mary S. Rogeness and Brian P. Lees (by vote of the town) relative to confirming the election of Joseph P. Kruzel to a five year term on the planning board of the town of Hampden; and

By the same member, petition (accompanied by bill, House, No. 4223) of Mary S. Rogeness and Brian P. Lees (by vote of the town) relative to validating the acts and proceedings of the annual town election held in the town of Hampden on May 7, 2001;

Severally to the committee on Election Laws.

By Mr. Bradley of Hingham, petition (accompanied by bill, House, No. 4224) of Garrett J. Bradley and Robert L. Hedlund (by vote of the town) that the town of Hull be authorized to lease certain property known as the Nantasket pier in said town. To the committee on Local Affairs.

By Ms. Wolf of Cambridge, petition (accompanied by bill, House, No. 4225) of Alice K. Wolf, Timothy J. Toomey Jr., and others (with the approval of the mayor and city council) relative to extended health benefit coverage to domestic partners of employees of the city of Cambridge. To the committee on Public Service.

By Ms. Atkins of Concord, petition (accompanied by bill, House, No. 4226) of Cory Atkins (by vote of the town) for legislation to authorize the discontinuance of soundings of train whistles at railroad crossings in the town of Concord. To the committee on Transportation.

Severally sent to the Senate for concurrence.

Petitions severally were presented and referred as follows:

By Mr. Dempsey of Haverhill, petition (subject to Joint Rule 12) of Brian S. Dempsey for legislation to provide tuition free courses for foster parents.

By Mr. Honan of Boston, petition (subject to Joint Rule 12) of Kevin G. Honan relative to free admission to state parks for certain individuals.

By Mr. Hynes of Marshfield, petition (subject to Joint Rule 12) of Frank M. Hynes and other members of the House for legislation to provide the public with toll free telephone access.

By Mr. Rogers of New Bedford, petition (subject to Joint Rule 12) of George Rogers and David L. Flynn relative to requiring the Commissioner for Administration and Finance to report on the progress of the prescription drug bulk purchase program.

By Mr. Travis of Rehoboth, petition (subject to Joint Rule 12) of Philip Travis relative to unemployment benefits.

By Mr. Walsh of Boston, petition (subject to Joint Rule 12) of Martin J. Walsh, A. Stephen Tobin, Kevin G. Honan and Brian A. Joyce for legislation to authorize the Trial Court to restore the vacation accrual rate of Gerald F. Warren, an employee of said court.

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

Paper from the Senate.

A petition of Thomas G. Ambrosino, mayor, Robert E. Travaglini, Kathi-Anne Reinstein and other members of the General Court (with the approval of the mayor and city council)for legislation to exempt the position of chief of police of the city of Revere from the provisions of civil service law and providing requirements for appointment of chief of police, came from the Senate referred, under suspension of Joint Rule 12, to the committee on Public Service.

The House then concurred with the Senate in the suspension of said rule; and the petition (accompanied by bill, Senate, No. 1886) was referred, in concurrence, to the committee on Public Service.

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 pregnancy prevention for adolescents who are recipients of Medicaid services and public assistance (House, No. 453);

Of the Bill to amend Chapter eighty-five of the General Laws to require the use of safety helmets while using inline skates, scooters, skate boards or other manually propelled wheeled vehicles by children under the age of sixteen (House, No. 1083);

Of the Bill to clarify the scope of authority of ordinances and by-laws adopted by municipal governments (House, No. 1443); and

Of the Bill relative to safe rides for individuals in unsafe situations (House, No. 3601);

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

Of the Bill relative to abandoned vehicles and aircraft (House, No. 665),— 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. Greene of Billerica, for the committee on Commerce and Labor, on Senate, Nos. 42, 57, 66, 77, 78, 79, 83, 94, 101 and 120 and House, Nos. 1341, 2115, 2282, 2284, 2650, 3246, 3251 and 3674, an Order relative to authorizing the committee on Commerce and Labor to make an investigation and study of certain Senate and House documents concerning worker’s compensation (House, No. 4220).

By the same member, for the same committee, on House, Nos. 1914, 1916, 3051 and 3253, an Order relative to authorizing the committee on Commerce and Labor to make an investigation and study of certain House documents concerning limited liability companies (House, No. 4221).

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 Mr. Scaccia of Boston, for the committees on Rules of the two branches, acting concurrently, that the Bill relative to the development and preservation of affordable housing (House, No. 4198) ought to pass. Referred, under Rule 32A, to the committee on Long-Term Debt and Capital Expenditures.

By Mr. Greene of Billerica, for the committee on Commerce and Labor, on a petition, a Bill relative to the Industrial Accident Board and the Industrial Accident Reviewing Board (House, No. 2114, changed in section 1, in lines 7 and 8, by striking out the sentence contained therein and inserting in place thereof the following two sentences: “In 2003, 2 shall be appointed to a 6-year term. In 2004 there shall be 4 appointed to a 6-year term; 2 appointed to a 5-year term and 3 appointed to a 4-year term.”).

By Mrs. Parente of Milford, for the committee on Local Affairs, on a petition, a Bill relative to state grant funds (House, No. 3957).

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

By Mr. Greene of Billerica, for the committee on Commerce and Labor, on a petition, a Bill that administrative law judges in workers’ compensation cases be subject to the Code of Judicial Conduct (House, No. 2648, changed in lines 5 and 6 by striking out the words “Code of Judicial Conduct, as promulgated by the Supreme Judicial Court” and inserting in place thereof the words “Model Code of Judicial Conduct for State Administrative Law Judges, as promulgated by the American Bar Association”; and in line 8 by inserting after the word “said” the word “Model”).

By Mr. Toomey of Cambridge, for the committee on Public Safety, on a petition, a Bill relative to convictions of motor vehicle violations and license suspensions and revocations in other states or countries (House, No. 2773, changed in section 1, in line 5, and also in section 2, in line 5, by striking out the figures: “24” and inserting in place thereof, in each instance, the figures: “12”).

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

Engrossed Bill.

The engrossed Bill validating the acts and proceedings of the 2001 annual spring town meeting held in the town of Walpole (see House bill printed in House, No. 4210) (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 (more than two-thirds of the members having agreed to pass the same); and it was signed by the acting Speaker and sent to the Senate.

Recess.

At thirteen minutes after eleven o’clock A.M., on motion of Mr. Rushing of Boston (Mr. Bosley of North Adams being in the Chair), the House recessed until one o’clock P.M.; and at that time the House was called to order with Mr. DiMasi of Boston in the Chair.

Orders of the Day.

House bills

Relative to the operation of sewers in the town of Rockport (House, No. 489); and

Relative to certain subdivisions of land in the city of Gloucester (House, No. 490);

Severally reported by the committee on Bills in the Third Reading to be correctly drawn, were read a third time; and they were passed to be engrossed. Severally sent to the Senate for concurrence.

Senate bills

Designating the intersection of state highway Routes 3A and 53 in the city of Quincy as the William P. Draicchio Square (Senate, No. 1777, changed);

Validating actions taken at the annual town election of the town of Longmeadow on May 23, 2000 (Senate, No. 1817); and

Authorizing the city of Revere to pay a certain sum of money to Noelle Pitten and Virginia Odoardi (Senate, No. 1853); and

House bills

Further regulating the use of funds received as restitution for damage to trees in a municipality (House, No. 1835);

Creating the crime of criminal solicitation (House, No. 3501);

Relative to the granting of licenses for the sale of alcoholic beverages in the town of Sharon (House, No. 3701);

Authorizing the city of Lowell to convey a certain parcel of public water supply land (House, No. 4054);

Authorizing the town of Norwood to use certain conservation land for roadway and bridge purposes (House, No. 4091); and

Validating action taken at the special town meeting held by the town of Seekonk on October 23, 2000 (printed in House, No. 4134);

Severally were read a second time; and they were ordered to a third reading.

House reports

Of the committee on Education, Arts and Humanities, ought NOT to pass, on the petition (accompanied by bill, House, No. 591) of Roy Bercaw for legislation to further regulate experiments on vertebrates and the practice of vivisection and the dissection of animals in certain medical and educational institutions in the Commonwealth;

Of the committee on Election Laws, ought NOT to pass, on the petition (accompanied by bill, House, No. 427) of Colleen M. Garry for legislation to further regulate the campaign finance laws;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 599) of Bruce J. Ayers for legislation to protect the rights of employees who have been appointed to serve as election officers;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 2143) of Rachel Kaprielian, Steven A. Tolman and others for legislation to provide for ballots in Braille for blind voters;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 2305) of Walter J. Ziobro, Jr., relative to providing for run-off elections for presidential electors;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 2500) of Jarrett T. Barrios for legislation to change the date of the biennial state primaries;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 3704) of Joseph C. Sullivan relative to radio, print and television advertising during the last two weeks of certain political campaigns; and

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 3864) of Frank M. Hynes, Marie J. Parente, Brian M. Cresta and another for legislation to allow the distribution of unsigned election circulars or posters; and

Of the committee on Local Affairs, ought NOT to pass, on the petition (accompanied by bill, House, No. 2941) of Frank M. Hynes relative to zoning appeals by abutting cities and towns; and

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 3379) of George Foord for legislation to further regulate the height of live fences and the appointment of fence viewers by cities and towns;

Severally were accepted.

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.

Accordingly, without further consideration of the remaining matters in the Orders of the Day, at twenty-one minutes after one o’clock P.M., on motion of Mr. Scaccia of Boston (Mr. DiMasi of Boston being in the Chair), the House adjourned, to meet tomorrow at eleven o’clock A.M., in an Informal Session.