JOURNAL OF THE HOUSE.

 

 

Wednesday, June 27, 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, in Whom we place our trust to Whom we open our hearts and minds and upon Whom we depend for guidance, we take this moment to think about You, spiritual values and our own personal relationships with You. In Your kindness, help us, on a daily basis, to keep our ideals, goals, priorities and resolves in focus so that our daily lives will have a clear and meaningful direction. In addressing the issues of the day, inspire us to propose and enact legislation which meets the needs of the people and the times and is in agreement with Your standards and guidelines. While working for the well-being of the people in our own districts, let the demands of the entire Commonwealth and common good be uppermost in our minds.

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.

 

Order.

On motion of Mr. DiMasi of Boston,—

Ordered, That a special committee of the House be appointed to escort Representative-elect James M. Murphy of Weymouth to the Executive Council Chamber to be qualified.

Representatives Mariano of Quincy, Sullivan of Braintree, Bradley of Hingham and Nyman of Hanover were appointed the committee.

 

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

June 27, 2001.

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 May 22, 2001 for Representative in General Court, 4th 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 Acting 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.

The special committee of the House, appointed this day, relative to the qualification of James M. Murphy of Weymouth, member-elect from the Fourth Norfolk District, entered the House Chamber under escort of the Sergeant-at-Arms and accompanied by Mr. Murphy.

Mr. Mariano of Quincy then reported that said committee had completed the assignment, that Representative Murphy of Weymouth had, this day, taken and subscribed the necessary oaths of office; and was now duly qualified as a member of the House.

After brief remarks by Mr. Murphy, he was assigned seat No. 122 by the Speaker.

 

Statement Concerning Representative Garry of Dracut.

A statement of Mr. DiMasi of Boston concerning Miss Garry of Dracut 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 Garry of Dracut, will not be present in the House Chamber for today’s sitting due to medical reasons. Any roll calls that she may miss today is due entirely to the reason stated.

 

Statement Concerning Representative Tirone of Amesbury.

A statement of Mr. DiMasi of Boston concerning Mr. Tirone of Amesbury 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 Tirone of Amesbury, will not be present in the House Chamber for today’s sitting due to medical reasons. Any roll calls that he may miss today is due entirely to the reason stated.

 

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) on the occasion of the dedication of the Mercy Otis Warren Statue in Barnstable;

Resolutions (filed by Mr. Coppola of Foxborough) congratulating Christopher D. Butler on receiving the Eagle Award of the Boy Scouts of America;

Resolutions (filed by Mr. Cresta of Wakefield) congratulating Debbie Hammond on earning the prestigious Gold Award;

Resolutions (filed by Mr. Cresta of Wakefield) congratulating Amanda King on earning the prestigious Gold Award;

Resolutions (filed by Mr. Cresta of Wakefield) congratulating Loretta B. Swift on earning the prestigious Gold Award;

Resolutions (filed by Mr. Greene of Billerica) congratulating Vice Admiral James F. Amerault on the occasion of his retirement from the United States Navy;

Resolutions (filed by Mr. Linsky of Natick) congratulating Matthew S. Fledderjohn on receiving the Eagle Award of the Boy Scouts of America;

Resolutions (filed by Mr. Linsky of Natick) congratulating Elliott J. Gould on receiving the Eagle Award of the Boy Scouts of America;

Resolutions (filed by Mr. Linsky of Natick) congratulating Thomas J. Lynch IV on receiving the Eagle Award of the Boy Scouts of America;

Resolutions (filed by Mr. Linsky of Natick) congratulating J. Deane Somerville III on receiving the Eagle Award of the Boy Scouts of America;

Resolutions (filed by Mr. Linsky of Natick) congratulating Brett C. Spadi on receiving the Eagle Award of the Boy Scouts of America;

Resolutions (filed by Mr. Murphy of Burlington) congratulating Dominic and Mary Langone on the occasion of their fiftieth wedding anniversary; and

Resolutions (filed by Mr. Timilty of Milton) congratulating Thomas P. Folan on the occasion of his eightieth birthday;

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. O’Brien of Kingston, 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 Mr. Jones of North Reading, petition (accompanied by bill, House, No. 4272) of Bradley H. Jones, Jr., James P. Jajuga, David M. Torrisi and Bruce E. Tarr (by vote of the town) relative to the settlement of certain lawsuits in the town of North Andover; and

By Mr. Keenan of Southwick, petition (accompanied by bill, House, No. 4273) of Daniel F. Keenan and Linda J. Melconian (with the approval of the mayor and town council) relative to the filling of vacancies on the town council in the city known as the town of Agawam;

Severally to the committee on Local Affairs.

Severally sent to the Senate for concurrence.

 

Papers from the Senate.

The following order came from the Senate with the endorsement that it had been adopted by said branch:

Ordered, That notwithstanding the provisions of orders previously adopted, the Joint Rules of the previous General Court shall remain in effect until Monday, July 23, 2001, as temporary Joint Rules of the present General Court.

Pending the question on adoption of the order, in concurrence, further consideration thereof was postponed, on motion of Mr. Marini of Hanson, until the hour of one o’clock P.M.

Subsequently, the noon recess having terminated, the order was considered further; and it was adopted, in concurrence.

 

A Bill authorizing the Division of Fisheries and Wildlife to acquire conservation restrictions to lands of the Dalton Fire District (Senate, No. 1884) (on a petition), passed to be engrossed by the Senate, was read; and it was 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. Kelly of Dalton, 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 Mr. Kelly, the bill (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, in concurrence.

 

A Bill relative to condominium by-laws (Senate, No. 1877) (on House No. 3107), passed to be engrossed by the Senate, was read; and it was referred, under Rule 7A, to the committee on Steering, Policy and Scheduling.

 

A report of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) relative to an inspection of the Massachusetts Correctional Institution, Norfolk, in the town of Norfolk, was spread upon the records of the House; and returned to the Senate.

 

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

Petition (accompanied by bill, Senate, No. 1918) of Stephen M. Brewer and Stephen Kulik for legislation relative to the disposition of certain state-owned property in the town of New Salem. To the committee on State Administration.

Petition (accompanied by bill, Senate, No. 1919) of Robert A. Havern and Carol A. Donovan for legislation to designate the Woburn Regional Transportation Center as the Anderson Regional Transportation Center. 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 David M. Torrisi relative to increasing the maximum amount of damages in small claims court. To the committee on the Judiciary.

Petition (accompanied by bill) of John J. Binienda and Guy W. Glodis relative to the issuance of certain bonds and notes by the Hillcrest Sewer District. To the committee on Natural Resources and Agriculture.

Petition (accompanied by bill) of George N. Peterson, Jr., and Guy W. Glodis (by vote of the town) relative to authorizing the town of Grafton to convey a certain parcel of land to Brian Fitzgerald, notwithstanding provisions of the uniform procurement law; and

Petition (accompanied by bill) of Martin J. Walsh for the issuance of an annual proclamation by the Governor establishing the month of April as Autistic Awareness Month;

Severally to the committee on State Administration.

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

 

By Mr. Bosley of North Adams, for the committee on Government Regulations, on a petition, a Bill relative to simulcast wagering of horse and dog racing (House, No. 4265), which was read.

Under suspension of the rules, on motion of Ms. Wolf of Cambridge, the bill was read a second time forthwith; and it was ordered to a third reading.

Under further suspension of the rules, on motion of Mr. Pedone of Worcester, the bill (reported by the committee on Bills in the Third Reading to be correctly drawn) was read a third time.

Pending the question on passing the bill to be engrossed, Mr. Bosley moved that it 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 forthwith extend simulcast wagering of horse and dog racing, 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. 4265, amended) was passed to be engrossed. Sent to the Senate for concurrence.

Subsequently, the noon recess having terminated, the bill came from the Senate with the endorsement that it had been passed to be engrossed, in concurrence, by that branch with an amendment adding at the end thereof the following four sections:

“SECTION 2. (a) Notwithstanding section 2 of chapter 128C of the General Laws, the running horse racing meeting licensees in Plymouth county who are conducting running horse racing meetings in connection with a state or county fair, may, with the permission of the commission and subject to the approval of the city council and mayor or board of selectmen in the city or town wherein the fair is located and following a demonstration by the licensees of their ability to complete not less than 50 per cent of the live racing performances approved by the commission, simulcast unlimited interstate thoroughbred horse races except for simulcast signals from the states of Arizona, California, Oregon, Texas and Washington, and the intrastate live races of the racing meeting licensees in the commonwealth on: (1) each Sunday, Tuesday, Thursday and Saturday during the live racing performances only, but any simulcast signal commenced during the live racing performances shall be broadcast to the conclusion of the simulcast racing performance or simulcast racing card; and, in addition, on (2) the July 3 and 4 in any calendar year when they fall on a day of the week other than the specified days and a live racing performance is conducted in connection with a state or county fair, for wagering purposes or otherwise from pari-mutuel wagering facilities located within the commonwealth; provided, however, that if the commission determines that a licensee cannot conduct 50 per cent of live racing performances due to weather conditions, race track conditions, strikes, work stoppages, sickness or quarantine not within the control of the licensee, the commission may permit the licensee to continue simulcasting on that day despite the stoppage of the performances for those reasons. The total number of days simulcast at the state or county fair, which is licensed for live running horse racing meetings, shall not exceed the total number of days the fair has live running horse racing. Licensees in Plymouth county shall pay a premium of 3 per cent for the receipt of any simulcasts of thoroughbred horse racing to the running horse racing meeting licensee located in Suffolk county and shall simulcast their live racing performances to the greyhound racing meeting licensee located in Bristol county, the greyhound racing meeting licensee located in Suffolk county and the harness horse racing meeting licensee located in Norfolk county and receive a fee of 11 per cent; provided, however, that the simulcast shall not be considered a live in-state racing performance for purposes of the sixth paragraph of said section 2 of said chapter 128C.

(b) The racing meeting licensees conducting running horse racing meetings in connection with a state or county fair and simulcasting a live running horse race from a host track within the commonwealth shall pay daily from the simulcast wagers the total sum of the breaks, as defined in section 5 of chapter 128A of the General Laws, into the Running Horse Capital Improvements Trust Fund, under the direction and supervision of the state racing commissioners.

The racing commission shall promulgate rules and regulations for the simulcast of pari-mutuel races in connection with state or county fairs.

A racing meeting licensee acting as a guest track shall return to the winning patrons wagering on a simulcast race all sums deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which the pari-mutuel or certificate system has been operated, less such breaks and less an amount not to exceed 19 per cent of the total amount so deposited by the patrons wagering on the speed or ability of any 1 running horse or dog, also known as a straight wager, and each such licensee shall return to winning patrons wagering on the speed or ability of a combination of more than 1 horse in a single pool, also known as an exotic wager, all sums so deposited as an award or dividend, less such breaks, and less an amount not to exceed 26 per cent of the total amount so deposited; provided however, that a sum equal to .25 of 1 per cent of the total amount deposited on an exotic wagering pool shall be payable to the division of fairs; provided further, that the division of fairs may expend such funds without further appropriation and for such purposes as authorized under clause (f) of the first paragraph of section 2 of chapter 128 of the General Laws; and provided further, that such expenditures by the division of fairs shall not exceed $50,000 in a fiscal year.

A licensee shall pay to the commission on behalf of the commonwealth on the day following each day of simulcasting, a sum equal to 3/8 of 1 per cent; a sum equal to 3/8 of 1 per cent to the host Running Horse Promotional Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to 0.5 of 1 per cent to the Massachusetts Thoroughbred Breeders Association, Inc. of the most recent live racing performance at the host track for the purposes of promoting the respective breeding of such animals in the commonwealth pursuant to law; a sum equal to 5 per cent to be paid from the 19 per cent withheld and a sum of 6 per cent to be paid from the 26 per cent withheld to the horse owners at the host track for the purses in accordance with the rules and established customs for the conduct of running horse racing meetings. The sum of 4.25 per cent of the straight wagering pool and 7 per cent of the exotic wagering pool shall be paid to the racing meeting licensee at the host track, and 8.75 per cent of the straight wagering pool and 11.75 per cent of the exotic wagering pool shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than 3.50 per cent shall be paid to the horse owners of the most recent live racing performance at the host track for purses, the percentages to be paid from the 19 per cent and 26 per cent withheld as provided in this section.

(c) Each racing meeting licensee acting as a guest track and simulcasting a live harness horse race from a host track within the commonwealth shall pay daily from the simulcast wagers the total sum of the breaks and a sum equal to 0.5 of 1 per cent of the exotic wagering pool into the Harness Horse Capital Improvements Trust Fund under the direction and supervision of the state racing commissioners.

A racing meeting licensee acting as a guest track shall return to the winning patrons wagering on a simulcast race all sums deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which the pari-mutuel or certificate system has been operated, less the breaks and less an amount not to exceed 19 per cent of the total amount so deposited by patrons wagering on the speed or ability of any 1 harness horse, also known as a straight wager, and each licensee shall return to winning patrons wagering on the speed or ability of a combination of more than 1 horse in a pool, also known as an exotic wager, all sums deposited as an award or dividend, less such breaks and less an amount not to exceed 26 per cent of the total amounts so deposited.

A licensee shall pay to the commission on behalf of the commonwealth the day following each day of simulcasting a sum equal to 3/8 of 1 per cent; a sum equal to .50 of 1 per cent to the Massachusetts Thoroughbred Breeders Association, Inc. of the most recent live performance at the guest track for the purpose of promoting the respective breeding of such animals in the commonwealth pursuant to law; a sum equal to 5 per cent shall be paid to the horse owners for purses at the host track in accordance with the rules and established customs for the conduct of harness horse racing meetings; a sum equal to 5 7/8 per cent shall be paid to the racing meeting licensee at the host track and a sum equal to 7.50 per cent shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than 3.50 per cent shall be paid to the horse owners of the most recent live racing performance at the guest track for purses, the percentages to be paid from the 19 per cent withheld from the straight wager as provided in this section.

A licensee shall pay to the commission on behalf of the commonwealth on the day following each day of simulcasting a sum equal to 3/8 of 1 per cent; a sum equal to 0.5 of 1 per cent to the Harness Horse Promotional Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to 0.75 per cent to the Massachusetts Thoroughbred Breeders Association, Inc. of the most recent live racing performance at the guest track for the purpose of promoting the respective breeding of such animals in the commonwealth pursuant to law; a sum equal to 6 per cent to be paid to the horse owners at the host track for purses in accordance with the rules and established custom for the conduct of harness horse racing meetings; a sum equal to 6 and 7/8 per cent shall be paid to the racing meeting licensee at the host track and a sum equal to 11 per cent shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than 3.50 per cent shall be paid to the horse owners of the most recent live racing performance at the guest track for purses, the percentages to be paid from the 26 per cent withheld from the exotic wager pool as provided in this section.

(d) A racing meeting licensee acting as a guest track and simulcasting a live greyhound race from a host track within the commonwealth shall return to the winning patrons wagering on the simulcast race all sums deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks, as defined in said section 5 of said chapter 128A, and less an amount not to exceed 19 per cent of the total amount deposited; provided, however, that a sum equal to 2.50 per cent of the total amount wagered shall be paid daily to the commission on behalf of the commonwealth; a sum equal to 0.25 of 1 per cent of the total amount wagered shall be paid to the Greyhound Promotional Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to 0.25 per cent of the total amount wagered shall be paid to the Greyhound Capital Improvements Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to 2.50 per cent shall be paid as purses to the dog owners at the host track in accordance with the rules and established customs for the conduct of greyhound racing meetings; a sum equal to 4.25 per cent shall be paid to the racing meeting licensee at the host track and a sum equal to 9.25 per cent shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than 3.50 per cent shall be paid to the dog owners for purses, the percentages to be paid from the 19 per cent withheld as provided in this section.

(e) All simulcasts shall comply with the provisions of the Interstate Horse Racing Act of 1978, 15 U.S.C. sections 3001 et seq., or other applicable federal law. The state racing commission shall promulgate rules and regulations for the simulcast of pari-mutuel races in connection with state or county fairs.

(f) In Plymouth county, a license to hold or conduct a horse racing meeting may be issued for not more than 15 days in calendar year 2001.

(g) This section shall expire on July 31, 2001.

SECTION 3. The last paragraph of section 12A of chapter 494 of the acts of 1978 is hereby amended by striking out the words “June 30, 2001”, inserted by section 5 of chapter 354 of the acts of 2000, and inserting in place thereof the following:— July 31, 2001.

SECTION 4. The last paragraph of section 3 of chapter 114 of the acts of 1991 is hereby amended by striking out the words “June 30, 2001”, inserted by section 10 of said chapter 354, and inserting in place thereof the following:— July 31, 2001.

SECTION 5. The last paragraph of section 4 of said chapter 114 is hereby amended by striking out the words “June 30, 2001”, inserted by section 12 of said chapter 354, and inserting in place thereof the following:— July 31, 2001.”.

Under suspension of the rules, on motion of Mr. Flynn of Bridgewater, the amendment (reported by the committee on Bills in the Third Reading to be correctly drawn) was considered forthwith; and it was adopted, in concurrence. Mr. Bosley of North Adams then moved that this vote be reconsidered; and the motion to reconsider was negatived.

 

By Mr. Hall of Westford, for the committee on State Administration, on House, No. 4252, a Bill authorizing the Commissioner of the Division of Capital Asset Management and Maintenance to take or acquire conservation restrictions in and on lands of the Springfield water and sewer commission (House, No. 4276), which was read.

Under suspension of the rules, on motion of Mr. Petrolati of Ludlow, the bill was read a second and a third time forthwith; and it was passed to be engrossed. Sent to the Senate for concurrence.

 

By Mr. Sullivan of Braintree, for the committee on Transportation, on a petition, a Bill designating a certain bridge in the city of Lawrence as the Representative Lawrence Smith Bridge (House, No. 2100). 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. Smizik of Brookline, the bill was read a second time forthwith; and it was ordered to a third reading.

 

Engrossed Bills.

The engrossed Bill validating action taken at the special town meeting held by the town of Seekonk (see House bill printed in House, No. 4134) (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 Speaker and sent to the Senate.

 

Engrossed bills

Establishing the boundary line between the town of Southborough and the town of Westborough (see Senate, No. 1834);

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

(Which severally originated in the Senate); and

Directing the Plymouth County Retirement Board to retire Dennis C. Malloy, a police officer of the town of Hanover (see House, No. 4207) (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 Speaker and sent to the Senate.

 

Motion to Reconsider.

Mrs. Parente of Milford moved that the vote be reconsidered by which the House, at the preceding sitting, passed to be engrossed, in concurrence, the Senate Bill authorizing the establishment of a library district in the towns of Mendon and Upton (Senate, No. 1833, amended); and the motion to reconsider prevailed.

Pending the recurring question on passing the bill to be engrossed, the same member moved that it be amended in section 2, in lines 65, 66 and 67, by striking out the paragraph contained therein and inserting in place thereof the following paragraph:

“(e) Section 20B of chapter 59 of the General Laws shall apply to the district.”.

The amendment was adopted; and the bill (Senate, No. 1833, amended) was passed to be engrossed, in concurrence. Sent to the Senate for concurrence in the amendments adopted by the House.

 

Orders of the Day.

House bills

Authorizing the board of selectmen of the town of Plymouth to operate as a crematory corporation (House, No. 4004);

Authorizing the Division of Capital Asset Management and Maintenance to transfer certain parcels of land in the town of Medfield (House, No. 4108); and

Authorizing the town of Hingham to convey certain conservation land (House, No. 4201);

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

 

The House Bill to encourage the production and preservation of affordable housing in the Commonwealth (House, No. 4243) was read a second time.

The amendment previously recommended by the committee on Ways and Means,— that the bill be amended by substitution of a bill with the same title (House, No. 4264),— was adopted.

The substituted bill then was ordered to a third reading.

 

The House report of the committee on Insurance, ought NOT to pass, on so much of the recommendations of the Office of Consumer Affairs and Business Regulation (House, No. 8) as relates to the organization and supervision of fraternal benefit societies (accompanied by bill, House, No. 37) was accepted. Sent to the Senate for concurrence.

 

House reports

Of the committee on Commerce and Labor, ought NOT to pass, on the petition (accompanied by bill, House, No. 1344) of John A. Stefanini relative to the conducting of lie detector tests as a condition of employment;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 632) of James R. Miceli relative to the conversion of certain group life insurance policies; and

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 3875) of Brian S. Dempsey for legislation to exclude non-direct costs in the calculation of motor vehicle insurance premiums;

Of the committee on the Judiciary, ought NOT to pass, on the petition (accompanied by bill, House, No. 633) of Bruce J. Ayers relative to the payment of child support orders by inmates in correctional institutions;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 1235) of Laurence Brown relative to the sealing of records of abuse prevention orders;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 1604) of Geoffrey D. Hall, Pamela P. Resor and others relative to certain construction liens;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 1606) of Joanne Cone relative to the jurisdiction of the Juvenile Court Department in certain cases;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 2734) of David T. Donnelly and Robert S. Creedon, Jr., relative to pleas in certain criminal proceedings;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 3369) of Owen McGonagle, Jr., relative to the procedures for non-criminal disposition of certain traffic violations; and

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 3563) of Roy Bercaw relative to prosecutions for libel; and

Of the committee on Transportation, ought NOT to pass, on the petition (accompanied by bill, House, No. 3477) of Peter J. Larkin, David C. Bunker, Jr., and Brian Paul Golden for legislation to provide for a highway business revolving loan fund;

Severally were accepted.

 

 

House reports

Of the committee on Election Laws, 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; and

Of the same committee, 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;

Severally were considered.

Pending the question, in each instance, on acceptance of the report, the petition was recommitted, on motions of Mr. Wagner of Chicopee.

 

Recess.

At twenty-two minutes before twelve o’clock noon, on motion of Mr. Loscocco of Holliston, the House recessed until one o’clock P.M.; and at that time the House was called to order.

 

House reports

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; and

Of the committee on the Judiciary, ought NOT to pass, on the petition (accompanied by bill, House, No. 2548) of Bob LeClair for legislation to regulate the conduct of custodial parents prior to a divorce being declared final;

Severally were considered.

Pending the question, in each instance, on acceptance of the report, further consideration thereof was postponed, on motions of Mr. Peterson of Grafton, until the next sitting.

 

House reports

Of the committee on Transportation, ought NOT to pass, on the petition (accompanied by bill, House, No. 1711) of Francis L. Marini and other members of the House relative to reducing traffic congestion by further regulating the operation of certain commercial vehicles; and

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 1712) of Francis L. Marini and other members of the House that the Commissioner of Highways be directed to study the effects of restricted access to certain highways during peak travel hours;

Severally were considered.

Pending the question, in each instance, on acceptance of the report, further consideration thereof was postponed, on motions of Mr. Marini of Hanson, until the next sitting.

 

The House report of the committee on Transportation, ought NOT to pass, on the petition (accompanied by bill, House, No. 3849) of Thomas J. O’Brien relative to the assessment of service costs for cities and towns for Massachusetts Bay Transportation Authority services, was considered.

Pending the question on acceptance of the report, the petition was recommitted, on motion of Mr. Sullivan of Braintree.

 

 

Mrs. Harkins of Needham being in the Chair,— at sixteen minutes before three o’clock P.M., on motion of Mr. Jones of North Reading, the House recessed until a quarter after three o’clock; and at half past three o’clock the House was called to order with Mrs. Harkins in the Chair.

The House thereupon, on motion of Mr. Peterson of Grafton, took a further recess until four o’clock P.M.; and at twelve minutes after four o’clock the House was called to order with Mrs. Harkins in the Chair.

 

 

The House Bill relative to the development and preservation of affordable housing (House, No. 4240) was read a second time.

The amendment previously recommended by the committee on Ways and Means,— that the bill be amended by substitution of a Bill relative to authorizing the financing of the production and preservation of affordable housing in the Commonwealth (House, No. 4263),— was adopted; and the substituted bill was ordered to a third reading.

Subsequently, under suspension of the rules, on motion of Mrs. Walrath of Stow, the bill (having been reported by the committee on Bills in the Third Reading to be correctly drawn) was read a third time.

Pending the question on passing the bill to be engrossed, Mr. Jones of North Reading 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 140 members were recorded as being in attendance.

[See Yea and Nay No. 85 in Supplement.]

Therefore a quorum was present.

Pending the question on passing the bill to be engrossed, Representatives Rogers of Norwood and Walrath of Stow moved that it be amended in section 2, in item 7004-7014, in lines 3 to 9, inclusive, by striking out the following: “provided, that not less than 25 percent of the amount appropriated herein shall be used to fund projects which preserve and produce housing for families and individuals with incomes of not more than 30 percent of the area median income, as defined by the federal office of housing and urban development.”; in section 6 by striking out the text contained in lines 205 to 213, inclusive, and inserting in place thereof the following: “agreements to ensure that at least 20 per cent of the units are affordable to persons whose income is less than 50 per cent of the area wide median income, at least 40 per cent of the units are affordable to persons whose income is less than 60 per cent of the area wide median income, or at least 50 per cent of such units are affordable to persons whose income is less than 80 per cent of the area wide median income, as such incomes are determined from time to time by the United States Department of Housing and Urban Development”; by striking out section 8 and inserting in place thereof the following section:

“SECTION 8. The costs of professional personnel directly involved in the planning, design and construction of projects funded by section 2, including costs incurred pursuant to 75D of chapter 29 of the General Laws but excluding clerical and support personnel, may be charged to the authorizations in said section 2; provided, however, that said costs shall not be classified as administrative costs. No amount of the funds authorized in section 2 shall be expended for administrative costs, including, without limitation, costs of clerical and support personnel. The director of said department shall file an annual spending plan with the fiscal affairs division and the house and senate committees on ways and means which details, by subsidiary, all such professional personnel costs charged to expenditures made pursuant to this act.”; and by inserting after section 11 the following section:

“SECTION 11A. Section 2 of chapter 52 of the Acts of 1993, as amended by section 4 of chapter 494 of the Acts of 1993, is hereby further amended in item 4000-8200, in lines 60-62, by striking out the words ‘exists, said loans may be extended for a period not to exceed ten years for the purpose of repaying the outstanding principal and interest on said loans,’ and inserting in place thereof the following:— exists, and if on such date, the department of housing and community development in consultation with the executive office of health and human services determines there still exists a need for such housing and there is continued funding available for the provision of services to such development, said department may, by agreement with the owner of such development extend said loans for such periods, each period not extend beyond ten years, as the department determines; provided, that the project continues to remain affordable housing for the duration of the loan term, as extended, as set forth in the contract or agreement entered into by the department; provided further, that, in the event that the terms of repayment detailed in this item would cause a project authorized by this item to become ineligible to receive federal funds which would otherwise assist in the development of that project, that commissioner shall be authorized to waive the terms of repayment which would cause the project to become ineligible,”.

The amendments were adopted.

Mr. Finneran of Boston and other members of the House then moved that the bill be amended in section 2 by adding at the end of item 7004-7011 the following: “; provided further, that not less than $35,000,000 shall be expended for energy efficiency improvements that reduce utility consumption or costs for projects funded herein, including but not limited to the installation of high efficiency heating, ventilation, and air conditioning systems, furnaces, and boilers, the replacement of interior and exterior lighting with high efficiency fixtures and lamps, and the installation of plumbing fixtures, windows, siding, insulation and air sealing measures”; and in section 5, in lines 98, 99 and 100, by striking out the paragraph contained therein and inserting in place thereof the following paragraph:

“(6) Said department shall take due consideration when issuing such loans of (a) a balanced geographic plan for such alternative forms of housing, and (b) the energy efficient components of housing projects developed pursuant to this act; and”.

The amendments were adopted.

Mr. Fennell of Lynn then moved that the bill be amended in section 7, in line 12, by inserting after the words “given to” the words “local housing authorities and”; and the amendment was rejected.

Mr. Sullivan of Braintree then moved that the bill be amended in section 2, in item 7004-7011, by adding at the end thereof the following: “; provided further, that $150,000 shall be expended for the Braintree Housing Authority for the purpose of replacing the roof at the Roosevelt Street Elderly Housing Complex”; and the amendment was rejected.

The same member then moved that the bill be amended in section 2, in item 7004-7011, by adding at the end thereof the following: “; provided further, that $200,000 shall be expended for the Braintree Housing Authority for the purpose of replacing the roof at the Heritage Lane Elderly Housing Complex”; and the amendment was rejected.

Mr. Naughton of Clinton then moved that the bill be amended in section 2, in item 7004-7011, by adding at the end thereof the following: “; provided further that no less than $1,800,000 of the amount authorized for the expenditure herein shall be used for a Chapter 705 Family Scattered Site Housing Project which is to be administered by the Northborough Housing Authority”. The amendment was rejected.

The same member then moved that the bill be amended in section 2, in item 7004-7011, by adding at the end thereof the following: “; provided further that not less than $473,239.97 of the amount authorized for the expenditure herein shall be used for a housing rehabilitation project at the Shaughnessy Apartments administered by the Clinton Housing Authority”. The amendment was rejected.

After remarks on the question on passing the bill, as amended, to be engrossed, Mrs. Provost of Sandwich asked for a count of the House to ascertain if a quorum was in attendance. The Chair (Mrs. Harkins of Needham) stated that a quorum was present.

After debate Mr. Cahill of Beverly moved that the bill be amended in section 5, in lines 33, 34 and 35, by striking out the following: “housing authorities and redevelopment authorities duly organized and existing in accordance with chapter 121B of the General Laws, and may also include”. The amendment was adopted.

On the question on passing the bill, as amended, to be engrossed, the sense of the House was taken by yeas and nays, at the request of Mr. Cahill; and on the roll call 149 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 86 in Supplement.]

Therefore the bill (House, No. 4274, printed as amended) was passed to be engrossed. Sent to the Senate for concurrence.

 

Engrossed Bill.

The engrossed Bill relative to the appointment of firefighters in the city of Boston (see House, No. 4137) (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; and it was signed by the acting Speaker and sent to the Senate.

 

Emergency Measures.

The engrossed Bill amending the Uniform Commercial Code governing secured transactions (see House, No. 2111), having been certified by the Clerk to be rightly and truly prepared for final passage, was considered, the question being on adopting the emergency preamble.

A separate vote was taken, as required by the provisions of Article XLVIII (as amended by Article LXVII) of the Amendments to the Constitution; and the preamble was adopted, by a vote of 33 to 0. Sent to the Senate for concurrence.

Subsequently, the Senate having concurred in adoption of the emergency preamble, the bill (which originated in the House) was passed to be enacted; and it was signed by the Speaker and sent to the Senate.

 

The engrossed Bill relative to simulcast wagering of horse and dog racing (see House, No. 4265, amended), having been certified by the Clerk to be rightly and truly prepared for final passage, was considered, the question being on adopting the emergency preamble.

A separate vote was taken, as required by the provisions of Article XLVIII (as amended by Article LXVII) of the Amendments to the Constitution; and the preamble was adopted, by a vote of 29 to 3. Sent to the Senate for concurrence.

Subsequently, the Senate having concurred in adoption of the emergency preamble, the bill (which originated in the House) was passed to be enacted; and it was signed by the Speaker and sent to the Senate.

 

Orders.

The Speaker having returned to the Chair,— the following order (filed by Mr. DiMasi of Boston) was referred, under Joint Rule 30, to the committees on Rules of the two branches, acting concurrently:

Ordered, That, notwithstanding the provisions of Joint Rule 10, joint standing committees and the committees on Rules of the two branches, acting concurrently, be granted until Tuesday, July 31, 2001, within which to make reports on all matters referred to them.

Mr. Scaccia of Boston, for the committees on Rules, then reported that the order ought to be adopted. Under suspension of the rules, on motion of Mr. Barrios of Cambridge, the order was considered forthwith; and it was adopted. Sent to the Senate for concurrence.

 

On motion of Mr. Marini of Hanson,—

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

 

 

At five minutes before six o’clock P.M., on motion of Mr. DiMasi of Boston (the Speaker being in the Chair), the House adjourned, to meet tomorrow at eleven o’clock A.M., in an Informal Session.