JOURNAL OF THE HOUSE.

Wednesday, June 20, 2001.

 
 

Met according to adjournment, at eleven o’clock A.M.

Prayer was offered by the Reverend Robert F. Quinn, C.S.P., Chaplain of the House, as follows:

God, Our Creator, we direct our thoughts and attention to You and humbly ask You to guide and enlighten us and to strengthen our commitment to craft thoughtful and reasonable legislation. In Your kindness, help us to see clearly and address fairly the needs of the times and of our communities and the reasonable expectation of the people. Inspire us to be open to new and accurate knowledge and information and secure enough to evaluate in a critical manner the insights and suggestions of others. As we carry out our daily duties (both personal and constitutional), teach us to remain faithful to our own right conscience so that our decisions and choices will be in harmony with You, Your ways and precepts.

Grant Your blessings to 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.

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, will not be present in the House Chamber for today’s sitting due to official business outside of the Commonwealth. Any roll calls that he may miss today will be due entirely to the reason stated.

Statement of Representative Naughton of Clinton.

A statement of 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 I was unable to be present in the House Chamber for a portion of today’s sitting due to being unavoidably detained on his way to the State House. Had I been present for the taking of the yeas and nays on passing to be enacted House, No. 4124, a Bill relative to the Springfield Civic and Convention Center, I would have voted in the affirmative.

Statement Concerning Representative Verga of Gloucester.

A statement of Mr. DiMasi of Boston concerning Mr. Verga of Gloucester 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 Verga of Gloucester, will not be present in the House Chamber for today’s sitting due to a medical emergency. Any roll calls that he may miss today or for the next few weeks will be due entirely to the reason stated.

Special Recognition.

During the session, the Chair (Mr. DiMasi) declared a recess subject to the call of the Chair, there being no objection, and acknowledged the most recent accomplishments of House Page Casimir “Chip” Zigulis, Jr. Mr. Zigulis, competing in the Special Olympics, won the Gold Medal in the tennis singles competition and the Silver Medal in the tennis doubles competition.

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 Hal Croft on the occasion of his retirement;

Resolutions (filed by Mr. Barrios of Cambridge) honoring Carl Barron on receiving the Robert R. Richmond Award of Eminence;

Resolutions (filed by Mr. Fagan of Taunton) congratulating Warren Offley on the occasion of his retirement from the Taunton Police Department;

Resolutions (filed by Mrs. Haddad of Somerset) congratulating Daniel A. Cabral on the occasion of his retirement;

Resolutions (filed by Representatives Koutoujian of Newton, Balser of Newton, Kaprielian of Watertown and Khan of Newton) congratulating Michael Lipof;

Resolutions (filed by Mrs. Poirier of North Attleborough) on the occasion of the fiftieth anniversary of the World War II Memorial Park Pool; and

Resolutions (filed by Representatives Wolf of Cambridge, Toomey of Cambridge, Barrios of Cambridge and Demakis of Boston) congratulating Karen Spaulding on receiving the 2001 Christa McAuliffe Fellowship Award;

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

Petition.

Mr. Kane of Holyoke presented a petition (subject to Joint Rule 12) of Michael F. Kane, Michael R. Knapik and Stephen J. Buoniconti (with the approval of the mayor and city council) for legislation to authorize the city of Holyoke to enter into contracts for the lease, operation and maintenance, repair or replacement, financing, design, construction and installation of the sewer works system; and the same was referred, under Rule 24, to the committee on Rules.

Papers from the Senate.

A Bill making appropriations for the fiscal year 2001 to provide for supplementing certain existing appropriations and for certain other activities and projects (Senate, No. 1887) (reported from the Senate committee on Ways and Means pursuant to Senate Rule 19), passed to be engrossed by the Senate, was read; and it was referred, under Rule 33, to the committee on Ways and Means.

Bills

Relative to public employee appreciation day (Senate, No. 1577) (on a petition);

Directing the Superintendent of State Office Buildings to install a plaque in honor of Clara Barton (Senate, No. 1581) (on a petition);

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.

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 petition of Michael W. Morrissey, Joseph C. Sullivan and others relative to further extending the time for which certain land in Norfolk County may be used as a temporary minimum security alternative correction center. Under suspension of the rules, on motion of Mr. Sullivan of Braintree, the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Counties. Sent to the Senate for concurrence.

By Mr. Quinn of Dartmouth, for the committee on Banks and Banking, recommending that the Communication from the Commissioner of Banks (under the provisions of Section 2A of Chapter 167 of the General Laws) submitting proposed regulations governing unfair and deceptive practices in consumer transactions (House, No. 1144) be placed on file.

Under Rule 42, the report was considered forthwith; and it was accepted. Sent to the Senate for concurrence.

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. 641) of Harold M. Naughton, Jr., that provision be made for the appointment of two probation clerks for the District Court of Clinton;

Of the petition (accompanied by bill, House, No. 2196) of Patricia D. Jehlen and other members of the General Court that the Parole Board be directed to establish regional intensive parole sex offender programs throughout the Commonwealth;

Of the petition (accompanied by bill, House, No. 2374) of Ronald Mariano for legislation to provide for the appointment of a deputy assistant registrar in the Norfolk Probate Court; and

Of the petition (accompanied by bill, House, No. 2728) of Antonio F.D. Cabral, Colleen M. Garry, Susan C. Fargo, Patricia D. Jehlen, Kay Khan, Benjamin Swan and another relative to using twenty percent of seized assets from drug forfeitures for drug treatment and prevention programs;

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. Severally sent to the Senate for concurrence in the discharge of the committee.

By Mr. Kujawski of Webster, for the committee on Steering, Policy and Scheduling, that the House Bill exempting debt of the city of Lawrence for certain approved school projects from the statutory limit (House, No. 4202) [Local Approval Received] be scheduled for consideration by the House.

Under suspension of Rule 7A, on motion of Messrs. Santiago of Lawrence, Torrisi of North Andover and Finegold of Andover, the bill was read a second time forthwith; and it was ordered to a third reading.

Mrs. Walrath of Stow, for the committee on Long-Term Debt and Capital Expenditures, on House No. 4198, reported, in part, a Bill relative to the development and preservation of affordable housing (House, No. 4240) [General Obligation Bonds: $311,000,000.00].

By Mr. Toomey of Cambridge, for the committee on Public Safety, on House, No. 1084, a Bill to promote safety in the transportation of students (House, No. 4241).

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

By Mr. Mariano of Quincy, for the committee on Insurance, on House, Nos. 8, 32 and 2356, a Bill further regulating the use of non-public personal information by insurance companies (House, No. 2356).

By Mr. Toomey of Cambridge, for the committee on Public Safety, on a petition, a Bill providing for behavioral science representation on the Parole Board (House, No. 2574, changed in line 3 by striking out the word “three” and inserting in place thereof the word “two”).

By the same member, for the same committee, on House, No. 2583, a Bill relative to written warnings (House, No. 4242).

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

Engrossed Bill — State Loan.

The engrossed Bill relative to the Springfield Civic and Convention Center (see House, No. 4124) (which originated in the House), in respect to which the Senate had concurred in adoption of the emergency preamble, was put upon its final passage.

On the question on passing the bill to be enacted, the sense of the House was taken by yeas and nays (this being a “loan” bill as defined by Section 3 of Article LXII of the Amendments to the Constitution); and on the roll call 135 members voted in the affirmative and 14 in the negative.

[See Yea and Nay No. 74 in Supplement.]

Therefore the bill was passed to be enacted; and it was signed by the acting Speaker and sent to the Senate.

Orders of the Day.

House bills

Authorizing the city of New Bedford to issue an additional license for the sale of all alcoholic beverages to be drunk on the premises (House, No. 4053);

Validating action taken at the special town meeting held by the town of Seekonk (printed in House, No. 4134) (its title having been changed by the committee on Bills in the Third Reading);

Relative to financial conditions in the city of Pittsfield (House, No. 4178, changed); and

Making appropriations for the fiscal year 2001 to provide for supplementing certain existing appropriations and for certain other activities and projects (House, No. 4231);

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.

The House Bill establishing a sick leave bank for Elizabeth Menslage, an employee of the Department of Mental Health (House, No. 4037) was read a third time.

The committee on Bills in the Third Reading reported recommending that the bill be amended by inserting before the enacting clause the following emergency preamble:

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to establish forthwith a sick leave bank for a certain employee of the department of mental health, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”.

The amendment was adopted; and the bill (House, No. 4037, amended) was passed to be engrossed. Sent to the Senate for concurrence.

The House Bill relative to handicap parking restrictions (House, No. 4171) was read a third time.

The committee on Bills in the Third Reading reported recommending that the bill be amended by striking out section 3.

The amendment was adopted; and the bill (House, No. 4171, amended) was passed to be engrossed. Sent to the Senate for concurrence.

Senate bills

Removing residency requirements for a fortune teller’s license (Senate, No. 443); and

Designating February 14 as congenital heart defect awareness day (Senate, No. 1618); and

House bills

Relative to the Dracut Water Supply District (House, No. 428);

Concerning voter registration certificates (House, No. 430);

Relative to special permits (House, No. 2008);

Relative to the sale of gas heating equipment (House, No. 2575);

Relative to dress codes in public schools (House, No. 2670);

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); and

Authorizing the town of Plymouth to lease certain land (House, No. 4174);

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

House reports

Of the committee on Election Laws, ought NOT to pass, on the petition (accompanied by bill, House, No. 247) of Bradley H. Jones, Jr., relative to the appointment of unenrolled voters as election officers;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 597) of Bruce J. Ayers for legislation to assure that polling places are accessible to handicapped and elderly voters;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 995) of Alice K. Wolf, Edward G. Connolly, Mary Jane Simmons and Benjamin Swan for legislation to regulate the accuracy of voter listings;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 1573) of George Rogers for legislation to allow campaign committees to receive and expend certain contributions;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 2145) of Vincent A. Pedone, other members of the House and another for legislation to prohibit election officials from announcing presidential election results prior to eleven o’clock P.M. on the day said election is held;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 2690) of Frank M. Hynes relative to the judicial review of appeals of the results of election recounts;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 3086) of Harold P. Naughton, Jr., relative to the use of straight ticket devices in preliminary elections;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 3522) of Paul E. Caron relative to the resubmission of absentee ballots returned due to improper postage; and

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 3705) of Joseph C. Sullivan for legislation to expand the hours of operation of the polls in state primary and general elections; and

Of the committee on Local Affairs, ought NOT to pass, on the petition (accompanied by bill, House, No. 2758) of Frank M. Hynes relative to planning boards’ approvals of subdivision plans;

Severally were accepted.

The House Bill relative to condominium by-laws (printed as Senate, No. 641) was read a second time.

Pending the question on ordering the bill to a third reading, it was recommitted to the committee on Housing and Urban Development, on motion of Mr. Casey of Winchester.

At twenty-eight minutes after eleven o’clock A.M., on motion of Mr. Ruane of Salem (the Speaker being in the Chair), the House recessed until one o’clock P.M.; and at twelve minutes after one o’clock the House was called to order with Mr. DiMasi of Boston in the Chair.

The motion of Mr. Toomey of Cambridge, that the vote be reconsidered by which the House, on Tuesday, May 29, refused to order to a third reading the Senate Bill relative to the enforcement of the safety belt law (Senate, No. 1211, amended), was considered.

After remarks the motion to reconsider was negatived.

The House report of the committee on Banks and Banking, ought NOT to pass, on the petition (accompanied by bill, House, No. 3242) of Thomas J. O’Brien, Bruce E. Tarr and Benjamin Swan for legislation to further regulate retail installment sales of motor vehicles, was considered.

Pending the question on acceptance of the report, the petition was recommitted, on motion of Mr. Quinn of Dartmouth.

The motion of Ms. Balser of Newton, that the vote be reconsidered by which the House, on Wednesday, May 23, passed to be engrossed, in concurrence, the Senate Bill allowing victims of violent crimes to testify at Parole Board hearings (Senate, No. 1844), was considered.

After debate the motion to reconsider was negatived.

The House report of the committee on Health Care, ought NOT to pass, on the petition (accompanied by bill, House, No. 1592) of Francis L. Marini and other members of the House for legislation to regulate the control of certain contagious diseases, was considered.

Pending the question on acceptance of the report, further consideration thereof was postponed, on motion of Mr. Marini of Hanson, until after disposition of the remaining matters in the Orders of the Day.

The Senate Bill designating the Boston Cream Donut as the official donut of the Commonwealth (Senate, No. 1606) was read a second time.

Pending the question on ordering the bill to a third reading, it was referred, on motion of Mr. Hall of Westford, to the committee on Rules.

House bills

Relative to zoning protection of lawful, nonconforming single-family and two-family residences (House, No. 1063);

Relative to operating an uninsured motor vehicle (House, No. 2017); and

Relative to the town of Nantucket (House, No. 3525);

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

House reports

Of the committee on Election Laws, ought NOT to pass, on the petition (accompanied by bill, House, No. 3083) of Gloria L. Fox, Shirley Owens-Hicks, Byron Rushing and Benjamin Swan relative to the eligibility of voters when their residence has changed;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 1574) of George Rogers relative to absentee voting by physically disabled voters; and

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 3082) of Gloria L. Fox, Shirley Owens-Hicks, Byron Rushing, Jarrett T. Barrios and Benjamin Swan relative to notifications to registered voters of changes in voting locations;

Severally were considered.

Pending the question, in each instance, on acceptance of the report, further consideration thereof was postponed, on motions of Mr. Wagner of Chicopee, until after disposition of the remaining matters in the Orders of the Day.

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.

Mr. Rogers of Norwood then moved that the House adjourn; and the motion prevailed. Accordingly, without further consideration of the remaining matters in the Orders of the Day (Mr. DiMasi of Boston being in the Chair), at twenty-five minutes after two o’clock P.M. the House adjourned, to meet tomorrow at eleven o’clock A.M., in an Informal Session.