JOURNAL OF THE HOUSE.
Friday, July 6, 2001.
 
 

Met according to adjournment, at eleven o’clock A.M., in an Informal Session, with Mr. Donato of Medford 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, we recognize our dependence upon You for both our material and spiritual well-being. We are grateful for the wonderful human and material resources which You have bestowed upon this great land. Grant us the wisdom, the good sense, and the courage to use these great gifts wisely. As representatives of the people, help us to build trust and confidence in You, in each other, and in our basic institutions and in sound ethical principles. Inspire us to enact legislation and to initiate programs which meet the needs of these times and foster a stable, responsible and responsive society.

Bestow Your blessings on the Speaker, the members and employees of this House and their families. Amen.

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

Message from the Acting Governor.

A message from Her Honor the Lieutenant-Governor, Acting Governor, submitting recommendations for making certain appropriations for the fiscal year ending June 30, 2002, prior to final action on the General Appropriation Bill for said fiscal year (House, No. 4314) was filed in the office of the Clerk on Tuesday, July 3.

The message was read; and it was referred, under Rule 30, with the accompanying draft of a bill, to the committee on Ways and Means.

Resolutions.

Resolutions (filed with the Clerk by Mr. Spellane of Worcester) in memory of Mark R. Ungerer for his many years of dedication to the cause of finding a cure for cancer, were referred, under Rule 85, to the committee on Rules.

Mrs. Harkins of Needham, for the committee on Rules, then reported that the resolutions ought to be adopted. Under suspension of the rules, on motion of Ms. Rogeness of Longmeadow, 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. Fagan of Taunton, petition (accompanied by bill, House, No. 4285) of James H. Fagan and Marc R. Pacheco (with the approval of the mayor and city council) relative to the date for the primary municipal election to be held in the current year in the city of Taunton;

By Mr. Keenan of Southwick, petition (accompanied by bill, House, No. 4291) of Daniel F. Keenan (by vote of the town) relative to recall elections in the town of Blandford;

By Mr. Koutoujian of Newton, petition (accompanied by bill, House, No. 4286) of Peter J. Koutoujian, Rachel Kaprielian, Kay Khan and Ruth B. Balser (with the approval of the mayor and board of aldermen) relative to authorizing a non-binding advisory ballot question in the city of Newton;

By Mrs. Poirier of North Attleborough, petition (accompanied by bill, House, No. 4287) of Elizabeth Poirier and Cheryl A. Jacques (by vote of the town) relative to validating the acts and proceedings of the annual town election in the town of North Attleborough on April 2, 2001; and

By Ms. Stanley of West Newbury, petition (accompanied by bill, House, No. 4288) of Harriett L. Stanley (by vote of the town) relative to providing recall elections in the town of Newbury;

Severally to the committee on Election Laws.

By Mr. Connolly of Everett, petition (accompanied by bill, House, No. 4289) of Edward G. Connolly (with the approval of the mayor and city council) relative to creating the position of executive director of city services in the city of Everett;

By Mrs. Harkins of Needham, petition (accompanied by bill, House, No. 4290) of Lida E. Harkins and Cheryl A. Jacques (by vote of the town) that the town of Needham be authorized to establish a traffic mitigation fund;

By Mr. Koczera of New Bedford, petition (accompanied by bill, House, No. 4292) of Robert M. Koczera and Marc C. Montigny (by vote of the town) relative to eliminating administrative responsibility for assessing from the director or supervisory board of the division of finance in the town of Acushnet;

By Mr. Koutoujian of Newton, petition (accompanied by bill, House, No. 4293) of Peter J. Koutoujian, Cynthia S. Creem, Rachel Kaprielian, Kay Khan and Ruth B. Balser (with the approval of the mayor and board of aldermen) that the city of Newton be authorized to seek the imposition of civil fines for violations of zoning ordinances or by-laws;

By Mr. Kujawski of Webster, petition (accompanied by bill, House, No. 4294) of Paul Kujawski and Richard T. Moore (by vote of the town) that the town of Uxbridge be authorized to establish a capital improvement trust fund;

By Mr. Linsky of Natick, petition (accompanied by bill, House, No. 4295) of David P. Linsky and Cheryl A. Jacques (by vote of the town) that the conservation commission of the town of Sherborn be authorized to convey a certain parcel of land to the board of selectmen of said town;

By Mr. Marini of Hanson, petition (accompanied by bill, House, No. 4297) of Francis L. Marini and Robert L. Hedlund (by vote of the town) that the town of Duxbury be authorized to exchange certain parcels of land with Serge H. Roy and Caroline Patacchiola-Roy;

By Mr. O’Brien of Kingston, petition (accompanied by bill, House, No. 4298) of Thomas J. O’Brien and Therese Murray (by vote of the town) for legislation to provide for the appointment of a treasurer/collector in the town of Kingston;

By Mr. Patrick of Falmouth, petition (accompanied by bill, House, No. 4299) of Matthew C. Patrick (by vote of the town) that the town of Mashpee be authorized to convey a certain parcel of land used for conservation purposes;

By the same member, petition (accompanied by bill, House, No. 4300) of Matthew C. Patrick (by vote of the town) relative to authorizing the town of Mashpee to convey a certain easement to the Mashpee VFW Post #5489;

By Mr. Slattery of Peabody, petition (accompanied by bill, House, No. 4301) of John P. Slattery, Theodore C. Speliotis and Frederick E. Berry (with the approval of the mayor and city council) relative to authorizing the city of Peabody to use certain park land for school purposes;

By Mr. Smizik of Brookline, petition (accompanied by bill, House, No. 4302) of Donna R. Kalikow, Frank I. Smizik, Paul C. Demakis, Cynthia S. Creem, David T. Donnelly, Ruth B. Balser and Brian P. Golden (by vote of the town) relative to the liability insurance fund in the town of Brookline;

By the same member, petition (accompanied by bill, House, No. 4303) of Donna R. Kalikow, Frank I. Smizik, Paul C. Demakis, Cynthia S. Creem, David T. Donnelly, Ruth B. Balser and Brian P. Golden (by vote of the town) that the town of Brookline be authorized to lease town-owned property for a period not to exceed twenty-five years; and

By the same member, petition (accompanied by bill, House, No. 4304) of Donna R. Kalikow, Frank I. Smizik, Paul C. Demakis, Cynthia S. Creem, David T. Donnelly, Ruth B. Balser and Brian P. Golden (by vote of the town) relative to parking violations in the town of Brookline;

Severally to the committee on Local Affairs.

By Mr. Hillman of Sturbridge, petition (accompanied by bill, House, No. 4305) of Reed V. Hillman, Stephen M. Brewer and Mark J. Carron (by vote of the town) that the town of Sturbridge be authorized to limit connections and extensions of the sewer system in said town. To the committee on Natural Resources and Agriculture.

By Mrs. Harkins of Needham, petition (accompanied by bill, House, No. 4306) of Lida E. Harkins and Cheryl A. Jacques (by vote of the town) for legislation to authorize the town of Needham to establish a post retirement insurance liability fund;

By Mr. Murphy of Burlington, petition (accompanied by bill, House, No. 4307) of Charles A. Murphy and Robert A. Havern (by vote of the town) that the certain positions in the town of Burlington be exempt from the civil service law; and

By Mrs. Poirier of North Attleborough, petition (accompanied by bill, House, No. 4308) of Elizabeth Poirier and Cheryl A. Jacques (by vote of the town) for legislation to authorize Brian F. Coyle to continue employment with the police department of the town of North Attleborough;

Severally to the committee on Public Service.

By Mrs. Gomes of Harwich, petition (accompanied by bill, House, No. 4309) of Shirley Gomes and Robert A. O’Leary (by vote of the town) that the town of Harwich be authorized to lease a certain parcel of land to the Harwich Chamber of Commerce, notwithstanding provisions of the uniform procurement law. To the committee on State Administration.

By Mr. Linsky of Natick, petition (accompanied by bill, House, No. 4296) of David P. Linsky and Cheryl A. Jacques (by vote of the town) for legislation to designate a certain bridge in the town of Natick as the Vice President Henry Wilson Memorial Bridge. To the committee on Transportation.

Severally sent to the Senate for concurrence.

Petitions severally were presented and referred as follows:

By Mr. Broadhurst of Methuen, petition (subject to Joint Rule 12) of Arthur J. Broadhurst and James P. Jajuga that the State Retirement Board be directed to retire Richard K. Tabacco, a former environmental police officer.

By Mr. Caron of Springfield (by request), petition (subject to Joint Rule 12) of Suzanne M. Hoey that employees of the Trial Court Department be authorized to perform volunteer services at public schools.

By Mr. Casey of Winchester, petition (subject to Joint Rule 12) of Paul C. Casey, other members of the General Court and another relative to identification for the purchase of alcoholic beverages.

By Ms. Jehlen of Somerville (by request), petition (subject to Joint Rule 12) of Anthony Herda relative to the issuance of abuse prevention orders.

By Mr. Miceli of Wilmington, petition (subject to Joint Rule 12) of James R. Miceli and another relative to the confiscation of weapons in households of students making threats.

By Mr. Petrolati of Ludlow, petition (subject to Joint Rule 12) of Thomas M. Petrolati and Reed V. Hillman relative to the disposition of certain property at the Belchertown State Hospital.

By Mr. Sullivan of Braintree, petition (subject to Joint Rule 12) of Joseph C. Sullivan, Bruce J. Ayers, A. Stephen Tobin, Ronald Mariano and Michael W. Morrissey relative to establishing a special commission to make an investigation and study of constructing a memorial to honor John Adams.

By Mr. Swan of Springfield, petition (subject to Joint Rule 12) of Benjamin Swan, Cheryl A. Rivera, Christopher P. Asselin and Mary S. Rogeness (with the approval the mayor and city council) that the city of Springfield be authorized to issue certain pension obligation bonds.

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

Papers from the Senate.

The House Bill directing the Superintendent of State Office Buildings to accept and place a mural of the 94th Infantry Division in the State House (House, No. 1125) (its title having been changed by the Senate committee on Bills in the Third Reading) came from the Senate passed to be engrossed, in concurrence, with an amendment in lines 6, 7 and 8, striking out the paragraph contained therein and inserting in place thereof the following paragraph:

“Said mural shall be placed on a wall space adjacent to and behind the railing above the Grand Staircase on the fourth floor of the state house.”.

Under suspension of Rule 35, on motion of Mrs. Simmons of Leominster, the amendment (reported by the committee on Bills in the Third Reading to be correctly drawn, as changed) was considered forthwith; and it was adopted, in concurrence.

Reports

Of the committee on Commerce and Labor, asking to be discharged from further consideration

Of the petition (accompanied by bill, Senate, No. 128) of Steven A. Tolman, Emile J. Goguen, Dianne Wilkerson and Mary Jane Simmons for legislation to establish the financial consumers’ association,— and recommending that the same be referred to the committee on Banks and Banking.

Of the petition (accompanied by bill, Senate, No. 39) of Robert S. Creedon, Jr., for legislation relative to any waiver, disclaimer, exclusion or limitation of liability in an employment application;

Of the petition (accompanied by bill, Senate, No. 119) of Charles E. Shannon for legislation relative to the vacating of awards and employee discipline; and

Of the petition (accompanied by bill, Senate, No. 133) of the Massachusetts Correction Officers Federated Union, by Jack Flanagan, and Steven A. Tolman for legislation relative to the confirmation of arbitration awards;

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

Of the petition (accompanied by bill, Senate, No. 129) of Steven A. Tolman, Stephen F. Lynch, Martin J. Walsh, Emile J. Goguen and other members of the General Court for legislation relative to labor relations; and

Of the petition (accompanied by bill, Senate, No. 132) of Steven A. Tolman for legislation relative to collective bargaining;

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

Reports

Of the committee on the Judiciary, asking to be discharged from further consideration

Of the petition (accompanied by bill, Senate, No. 975) of Pamela P. Resor, David P. Linsky, Carol A. Donovan, Cory Atkins and Louis L. Kafka for legislation to protect victims of criminal harassment; and

Of the petition (accompanied by bill, Senate, No. 1004) of Marian Walsh, David P. Linsky, Mary Jeanette Murray and other members of the General Court for legislation to establish sentencing guidelines;

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

Severally accepted by the Senate, were considered forthwith, under Rule 42; and they were accepted, in concurrence.

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

Petition (accompanied by bill, Senate, No. 1963) of Robert A. Antonioni, the North Central Massachusetts Chamber of Commerce, by Daniel McKeehan, president, Mary Jane Simmons and other members of the General Court for legislation to suspend electricity charges that fund energy efficient activities and renewable energy projects. To the committee on Government Regulations.

Petition (accompanied by bill, Senate, No. 1964) of Andrea F. Nuciforo, Jr., and Arthur J. Broadhurst for legislation relative to establishing paternity. To the committee on the Judiciary.

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 Patricia A. Haddad and Philip Travis relative to the compensation to employees of retail stores on Sundays. To the committee on Commerce and Labor.

Petition (accompanied by bill) of Frank I. Smizik and another relative to frivolous claims or bad faith claims and defenses in the district courts. To the committee on the Judiciary.

Petition (accompanied by bill) of Daniel E. Bosley that the Division of Capital Asset Management and Maintenance be authorized to convey certain property located in the city of North Adams to said city. To the committee on State Administration.

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

By Mr. Scaccia of Boston, for the committees on Rules of the two branches, acting concurrently, asking to be discharged from further consideration of the Bill relative to health insurance for health and human service workers (House, No. 1779, changed),— and recommending that the same be referred to the House committee on Rules. Under Rule 42, the report was considered forthwith; and it was accepted.

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

Of the Bill establishing uniform primary procedures for unenrolled voters (House, No. 431);

Of the Bill relative to reprecincting (House, No. 993);

Of the Bill regarding contributions by ward, town and city committees (House, No. 2684); and

Of the Bill authorizing cities, towns and regional districts to send certain information to registered voters (House, No. 2685);

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 Ms. Stanley of West Newbury, for the committee on Health Care, asking to be discharged from further consideration

Of the petition (accompanied by bill, House, No. 3097) of Gloria L. Fox and other members of the House for legislation to establish a program for the early detection of Lupus within the Department of Public Health;

Of the petition (accompanied by bill, House, No. 3297) of Kevin W. Fitzgerald and Elizabeth A. Malia that the Division of Medical Assistance be directed to assist in paying certain medical costs for persons suffering from the advanced stages of emphysema; and

Of the petition (accompanied by resolve, House, No. 3543) of Elizabeth A. Malia and other members of the General Court for an investigation by a special commission (including members of the General Court) relative to the consumption and abuse of alcoholic beverages;

By Mr. Koczera of New Bedford, for the committee on Natural Resources and Agriculture, asking to be discharged from further consideration

Of the petition (accompanied by bill, Senate, No. 1118) of Charles E. Shannon for legislation relative to the Walnut Hill Water Treatment Plant;

Of the petition (accompanied by bill, House, No. 1625) of Geoffrey D. Hall, Pamela P. Resor and another for legislation to provide loans to certain elderly persons for assistance in compliance with Title V, so-called, for the disposal of sanitary waste;

Of the petition (accompanied by bill, House, No. 1842) of Robert A. DeLeo and other members of the General Court for legislation to establish a local pipeline assistance program within the Water Pollution Abatement Trust;

Of the petition (accompanied by bill, House, No. 1843) of Robert A. DeLeo and other members of the General Court relative to the infiltration/inflow treatment facilities of the Water Resources Authority located at Deer Island and Nut Island;

Of the petition (accompanied by bill, House, No. 1844) of Robert A. DeLeo and other members of the General Court that the Walnut Hill water treatment plant, so-called, be eligible for debt service assistance from the Sewer Rate Relief Fund;

Of the petition (accompanied by bill, House, No. 2385) of Ronald Mariano relative to the costs of the clean-up of Boston Harbor;

Of the petition (accompanied by bill, House, No. 2387) of Ronald Mariano relative to the payment of costs for the clean-up of Boston Harbor;

Of the petition (accompanied by bill, House, No. 2953) of Joseph F. Wagner relative to exempting former prisoners of war from fees for use of state parks and recreational land;

Of the petition (accompanied by bill, House, No. 3152) of Deborah D. Blumer and other members of the General Court relative to the protection of the Greater Callahan Open Space and Greenway Plan located in the towns of Framingham, Sudbury and Southborough and the city of Marlborough;

Of the petition (accompanied by bill, House, No. 3155) of Gloria L. Fox, Patricia D. Jehlen, Shirley Owens-Hicks, Edward G. Connolly and Benjamin Swan for legislation to regulate the establishment of rates for water and sewer services for low income residents of the Commonwealth; and

Of the petition (accompanied by bill, House, No. 3778) of Thomas M. Stanley, Peter J. Koutoujian, Susan C. Fargo and Steven A. Tolman for an appropriation of a certain sum of money for the dredging of Hardy Pond in the city of Waltham;

By Mr. Hall of Westford, for the committee on State Administration, asking to be discharged from further consideration

Of the petition (accompanied by bill, House, No. 3196) of Douglas W. Petersen and other members of the House for an investigation by a special commission (including members of the General Court) relative to the protection of privacy in the collection, storage, use and release of personal information and other related matters;

Of the petition (accompanied by bill, House, No. 3429) of Karyn E. Polito relative to agency publications and the Internet;

Of the petition (accompanied by bill, House, No. 3979) of Thomas A. Golden, Jr., Kevin J. Murphy, Steven C. Panagiotakos and David M. Nangle (with the approval of the city council) that the city of Lowell be authorized to pay a salary to Rithy Uong, a city councillor in said city; and

Of the petition (accompanied by bill, House, No. 3980) of Frank M. Hynes and another for an appropriation of a certain sum of money for repairs and improvements to Lawson Tower, a historic landmark in the town of Scituate;

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 committees.

By Mr. Mariano of Quincy, for the committee on Insurance, asking to be discharged from further consideration

Of the petition (accompanied by bill, House, No. 2925) of Marie J. Parente relative to motor vehicle insurance surcharges;

Of the petition (accompanied by bill, House, No. 3941) of Paul E. Caron relative to defining motor vehicle after market crash parts;

Of the petition (accompanied by bill, House, No. 3943) of Robert F. Fennell and other members of the General Court relative to ensuring the safety of consumers who purchase auto crash parts;

Of the petition (accompanied by bill, House, No. 3944) of Robert F. Fennell and Stephen M. Brewer relative to notifications to insurers of the use of aftermarket parts, so-called, in the repair of motor vehicles;

Of the petition (accompanied by bill, House, No. 3945) of Robert F. Fennell, John P. Fresolo, Emile J. Goguen and Carol A. Donovan for legislation to prohibit the use of aftermarket parts, so-called, in the repair of motor vehicles; and

Of the petition (accompanied by bill, House, No. 3947) of Laurence Brown relative to further regulating the repairing of motor vehicles;

And recommending that the same severally be referred to the committee on Public Safety;

By Mr. Koczera of New Bedford, for the committee on Natural Resources and Agriculture, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 651) of Bruce J. Ayers relative to the utilization of vacant office space located on the property of the Massachusetts Water Resources Authority,— and recommending that the same be referred to the committee on State Administration;

By Mr. Toomey of Cambridge, for the committee on Public Safety, asking to be discharged from further consideration

Of the petition (accompanied by bill, House, No. 495) of Carol C. Cleven and other members of the General Court relative to the health care needs of adolescents in the juvenile justice systems of the Commonwealth; and

Of the petition (accompanied by bill, House, No. 3405) of Kay Khan and other members of the General Court relative to the health care needs of adolescents in the juvenile justice system of the Commonwealth;

And recommending that the same severally be referred to the committee on Human Services and Elderly Affairs; and

By Mr. Rogers of Norwood, for the joint committee on Ways and Means, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 949) of Eugene L. O’Flaherty relative to the bonding requirements of persons engaged in the exchange of foreign currency,— and recommending that the same be referred to the committee on Banks and Banking.

Under Rule 42, the reports severally were considered forthwith; and they were accepted. Severally sent to the Senate for concurrence.

By Mr. Dempsey of Haverhill, for the committee on Public Service, on House, Nos. 318, 319, 321, 324, 326, 329, 330, 331, 332, 333, 338, 340, 342, 347, 348, 350, 351, 353, 354, 512, 513, 514, 515, 517, 518, 519, 521, 525, 526, 527, 530, 531, 533, 673, 675, 677, 678, 679, 680, 681, 683, 686, 687, 688, 689, 691, 694, 695, 697, 698, 699, 700, 701, 702, 703, 704, 706, 710, 713, 714, 715, 717, 718, 719, 720, 721, 722, 723, 725, 869, 872, 873, 874, 875, 876, 877, 879, 880, 883, 889, 890, 891, 892, 894, 895, 896, 898, 900, 901, 902, 905, 906, 907, 908, 909, 911, 912, 913, 914, 915, 916, 918, 919, 1089, 1091, 1092, 1093, 1094, 1095, 1096, 1098, 1099, 1101, 1102, 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112, 1114, 1278, 1280, 1282, 1283, 1284, 1285, 1287, 1288, 1289, 1290, 1292, 1295, 1298, 1461, 1462, 1463, 1464, 1466, 1469, 1470, 1471, 1473, 1474, 1476, 1477, 1478, 1479, 1480, 1482, 1483, 1485, 1488, 1489, 1490, 1653, 1655, 1656, 1657, 1658, 1661, 1664, 1665, 1667, 1668, 1669, 1671, 1673, 1674, 1675, 1676, 1677, 1850, 1851, 1852, 1854, 1855, 1856, 1861, 1862, 1863, 1864, 1866, 1867, 1868, 1869, 1870, 1872, 1873, 2031, 2032, 2034, 2035, 2036, 2037, 2039, 2041, 2042, 2043, 2044, 2045, 2047, 2049, 2050, 2051, 2052, 2053, 2054, 2056, 2057, 2060, 2061, 2062, 2063, 2064, 2065, 2067, 2068, 2069, 2070, 2072, 2231, 2232, 2233, 2234, 2235, 2237, 2240, 2242, 2244, 2246, 2247, 2248, 2249, 2250, 2251, 2252, 2406, 2407, 2409, 2411, 2412, 2414, 2415, 2416, 2420, 2601, 2605, 2606, 2607, 2608, 2609, 2759, 2778, 2779, 2780, 2781, 2782, 2784, 2785, 2786, 2787, 2969, 2970, 2971, 2972, 2974, 2978, 2980, 3031, 3174, 3175, 3177, 3178, 3179, 3180, 3184, 3422, 3423, 3425, 3603, 3606, 3610, 3612, 3614, 3615, 3616, 3618, 3619, 3620, 3621, 3622, 3816, 3819, 3820, 3822, 3823, 3886, 4018, 4020, 4027, 4028, 4034, 4057, 4164, 4165, 4168, 4169, 4190, 4193 and 4194, an Order relative to authorizing the committee on Public Service to make an investigation and study of certain House documents concerning active and retired public employees (House, No. 4312). 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, asking to be discharged from further consideration of the order; and recommending that the same be referred to the House committee on Rules. Under Rule 42, the report was considered forthwith; and it was accepted.

By Mr. Cabral of New Bedford, for the committee on Human Services and Elderly Affairs, on a petition, a Resolve providing for an investigation and study by a special commission relative to the effect of privatization on the delivery of human services (House, No. 2917).

By the same member, for the same committee, on Senate, No. 661 and House, Nos. 3333 and 3737, a Resolve providing for an investigation and study by a special commission relative to DMR services (House, No. 3333).

By the same member, for the same committee, on a petition, a Bill relative to the special commission on regulatory and licensure requirements in the contracting of state-funded human services and social services contracts (House, No. 3336).

Severally read; and referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

By Mr. Cabral of New Bedford, for the committee on Human Services and Elderly Affairs, on a petition, a Bill relative to the evaluation of welfare reform (House, No. 1032).

By the same member, for the same committee, on a petition, a Bill relative to emergency aid for elderly and disabled residents of the Commonwealth (House, No. 1205, changed in sections 1 to 6, inclusive, in line 4, by striking out the words “one hundred” and inserting in place thereof, in each instance, the following: “$72.80”.).

By the same member, for the same committee, on a petition, a Bill relative to safety inspections of foster homes licensed by the Office of Child Care Services and the Department of Social Services (House, No. 1406, changed by inserting after line 14 the following two paragraphs:

“Upon receipt of an application for approval or licensure of a potential foster or adoptive home, and prior to the placement of any child or children in the home, the department, as part of its licensing evaluation and review, shall determine whether or not there exists in the home any animals or reptiles that pose a real or potential threat or endangerment to a foster or adoptive child or children who could be placed in the home. In addition to said evaluation, the department shall inquire of the applicants or any other persons residing in the prospective foster or adoptive home, if there are any animals or reptiles kept in the home at the present time, or whether or not there are any future plans for keeping animals or reptiles are kept in the home, nor place any children therein, until such time as the animals or reptiles are removed.

The department, in conjunction with appropriate authorities and officials, shall develop and maintain a list of animals or reptiles that are considered to pose a real or potential threat or endangerment to foster or adoptive children. Such list shall be included in the ‘Standards for DSS Foster/Adoptive Families’ and ‘Physical Requirements for Foster/Pre-Adoptive Homes’ used by the department in the approval or licensing of such homes.”).

Mrs. Walrath of Stow, for the committee on Long-Term Debt and Capital Expenditures, on House No. 4212, reported, in part, a Bill relative to certain capital spending authorizations (House, No. 4313).

By Mr. Sullivan of Braintree, for the committee on Transportation, on a petition, a Bill establishing the bicyclist’s bill of rights (House, No. 2101).

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

Emergency Measure.

The engrossed Bill establishing a sick leave bank for Rena C. Pelletier, an employee of the Trial Court of the Commonwealth (see House, No. 3760, 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 5 to 0. Sent to the Senate for concurrence.

Engrossed Bill.

The engrossed Bill relative to the membership of the conservation commission of the town of Swansea (see House, No. 4058) (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.

Motion to Reconsider.

Mr. Cahill of Beverly moved that the vote be reconsidered by which the House, on Monday last, passed to be engrossed the House Bill relative to the production and preservation of affordable housing in the Commonwealth (House, No. 4264, amended); and the motion to reconsider was considered forthwith and it prevailed.

Pending the recurring question on passing the bill to be engrossed, the same member and other members of the House moved that it be amended by striking out section 8, as amended, and inserting in place thereof the following section:

“SECTION 8. The fourth paragraph of said section 20 of said chapter 40B, as appearing in the 2000 Official Edition, is hereby further amended by adding the following:— The calculation of existing low or moderate income housing by the department of housing and community development, consistent with the rules and regulations developed by said department, shall include, but not be limited to, any housing, subsidized as described herein, to provide long-term housing for individuals who are mentally ill or mentally retarded; provided, however, that low or moderate income housing shall include any accessory apartment constructed on or after July 1, 2002, located in a city or town pursuant to a city or town’s local ordinance or zoning by-law that is affordable to the occupant of such accessory apartment. For purposes of this section, the director of the department of housing and community development shall promulgate a standard definition of accessory apartments in order to be counted as low or moderate income units. Each city or town shall annually certify the affordability of each such accessory apartment to the department of housing and community development; provided, further, that low or moderate income housing shall also include any community housing, as defined in chapter 44B, created by a city or town pursuant to and following its approval of sections 3 to 7, inclusive, of said chapter 44B provided that said approval complies with the approval requirements set forth in said chapter 44B; provided, further, that low or moderate income housing shall also include Manufactured Housing Units located in a Manufactured Housing Community.

‘Manufactured Housing Community’, a lot or tract of land defined under section 32F of chapter 140, with manufactured housing units, and whose park owners have complied with statutory and regulatory requirements regarding rules, regulations and operations.

‘Manufactured housing unit’, a manufactured home as defined in section 32Q of said chapter 140, which is located in a Manufactured Housing Community as defined above, which is occupied on more than a seasonal basis and that is assessed at or below a price deemed affordable to a person at or below 100% of the area median income as determined by the most recent census.”.

The amendment was adopted; and the bill, as amended, was passed to be engrossed. Mr. Cahill moved that this vote be reconsidered; and the motion to reconsider was negatived. The bill (House, No. 4284, printed as amended) then was sent to the Senate for concurrence.

Orders of the Day.

House bills

Exempting Dennis J. Mahoney from maximum age requirements for applying for civil service appointment as a police officer in the town of Arlington (printed as Senate, No. 1911) (its title having been changed by the committee on Bills in the Third Reading);

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

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

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.

At seventeen minutes after eleven o’clock A.M., on motion of Mr. Kaufman of Lexington (Mr. Donato of Medford being in the Chair), the House adjourned, to meet on Monday next at eleven o’clock A.M., in an Informal Session.