JOURNAL OF THE HOUSE.
Tuesday, July 9, 2002.
 
 

Met according to adjournment, at eleven o’clock A.M., with Mr. Connolly of Everett 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:

Holy Spirit of God, we depend upon You, Your guidance and the light of Your wisdom for direction as we take up the items on today’s legislative calendar. In Your goodness, inspire us to be thoughtful leaders who recognize and address in a constructive manner the current needs of people, neighborhoods and communities. Let our sound and ethical decisions and creative programs and projects deepen our hope and trust in You, in each other and in our basic institutions. By our commitment to You and to Your ways and values, may we enjoy personal peace, satisfaction and success in building a stable, civil and orderly society.

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

At the request of the Chair (Mr. Connolly), 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, recommending legislation relative to creating the “United We Stand” distinctive registration plate and the Commonwealth Security Fund (House, No. 5214) was filed in the office of the Clerk on Friday, July 5.

The message was read; and it was referred, under Rule 30, with the accompanying draft of a bill, to the committee on Public Safety. Sent to the Senate for concurrence.

Statement Concerning Representative Canavan of Brockton.

A statement of Mr. DiMasi of Boston concerning Mrs. Canavan of Brockton was spread upon the records of the House, as follows:

MR. SPEAKER: I would like to call to the attention of the House the fact that one of our colleagues, Representative Canavan of Brockton, will not be present in the House Chamber for today’s sitting due to a previously scheduled family vacation. Any roll calls that she may miss today or for the next few days will be due entirely to the reason stated.

Statement Concerning Representative Kaprielian of Watertown.

A statement of Mr. DiMasi of Boston concerning Ms. Kaprielian of Watertown 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 Kaprielian of Watertown, will not be present in the House Chamber for today’s sitting due to personal business. Any roll calls that she may miss today will be due entirely to the reason stated.

Statement Concerning Representative Parente of Milford.

A statement of Mr. DiMasi of Boston concerning Mrs. Parente of Milford 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 Parente of Milford, will not be present in the House Chamber for today’s sitting due to a death in the family. Any roll calls that she may miss today will be 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 Mrs. Cleven of Chelmsford) congratulating Petty Officer Daniel R. Turley of North Chelmsford on the occasion of his retirement from the United States Naval Reserve; and

Resolutions (filed by Mr. Coppola of Foxborough) congratulating Frederick L. J. Waggett III on receiving the Eagle Award of the Boy Scouts of America;

Mrs. Harkins of Needham, 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 Mrs. Walrath of Stow, the resolutions (reported by the committee on Bills in the Third Reading to be correctly drawn) were considered forthwith; and they were adopted.

Order.

On motion of Mr. Rogers of Norwood,—

Ordered, That notwithstanding the provisions of the rules, the Speaker shall assign a court officer to cast the votes, except for quorum roll calls, of members of the committee of conference on the General Appropriation Bill, whenever said members are absent from the House Chamber attending a meeting of said committee of conference.

Communication.

A communication from the Department of Telecommunications and Energy (under Section 193 of Chapter 164 of the Acts of 1997) submitting a report on the installations of cogeneration, renewable energy, fuel cell, and on-site generation facilities for the year 2001, was placed on file.

Annual Report.

The annual report of the Public Employee Retirement Administration Commission (PERAC) (under Chapter 32 of the General Laws) for the year ending December 31, 2001, was placed on file.

Petition.

Mrs. Haddad of Somerset presented a petition (subject to Joint Rule 12) of Patricia A. Haddad and Marc R. Pacheco for legislation to authorize the Dighton Water District to impose fees for the employment of outside consultants; and the same was referred, under Rule 24, to the committee on Rules.

Mr. Scaccia of Boston, for the committee on Rules and the committees on Rules of the two branches, acting concurrently, then reported recommending that Joint Rule 12 be suspended. Under suspension of the rules, on motion of Mrs. Walrath of Stow, the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Local Affairs. Sent to the Senate for concurrence.

Paper from the Senate.

The Senate Bill providing for the preservation and improvement of the environmental assets of the Commonwealth (Senate, No. 2319, amended) came from the Senate with the endorsement that said branch had non-concurred with the House in its amendment (striking out all after the enacting clause and inserting in place thereof the text contained in House document numbered 5177).

The bill bore the further endorsement that the Senate had asked for a committee of conference on the disagreeing votes of the two branches; and that Senators Brewer, Montigny and Tarr had been appointed as the committee on the part of the Senate.

On motion of Mr. Rodrigues of Westport, the House insisted on its amendment; and concurred with the Senate in the appointment of a committee of conference. The Speaker appointed Representatives Rodrigues, Ciampa of Somerville and Jones of North Reading as the committee on the part of the House. Sent to the Senate to be noted.

Reports of Committees.

By Mr. Kujawski of Webster, for the committee on Steering, Policy and Scheduling, that the House Bill relative to the indemnification of retired police officers and fire fighters in the town of Halifax (House, No. 5003, changed) [Local Approval Received] be scheduled for consideration by the House.

Under suspension of Rule 7A, on motion of Mr. O’Brien of Kingston, the bill was read a second time forthwith; and it was ordered to a third reading.

By Mr. Kujawski of Webster, for the committee on Steering, Policy and Scheduling, that the House Bill authorizing the Attorney General to suspend certain labor laws in an emergency (House, No. 5189) be scheduled for consideration by the House.

Under suspension of Rule 7A, on motion of Mr. Keenan of Southwick, the bill was read a second time forthwith; and it was ordered to a third reading.

 

By Mr. Rogers of Norwood, for the committee on Ways and Means, that the following bills ought to pass:

Senate bills:

Relative to complaints of sexual harassment and other forms of discrimination (Senate, No. 915); and

Relative to the retirement benefits of emergency medical technicians (Senate, No. 2348); and

House bills

Relative to certain tanks used for the storage of fluids (House, No. 4209);

Authorizing the city of Holyoke to enter into contracts for a sewer works system and operation (House, No. 4271, changed) [Local Approval Received];

Relative to creditable service in the armed forces of the United States (House, No. 5103); and

Relative to several federal tax changes (House, No. 5175);

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

Mr. Kujawski of Webster, for said committee, reported that the matters be scheduled for consideration by the House; and, under said rule, they were placed in the Orders of the Day for the next sitting for a second reading.

By Mr. Rogers of Norwood, for the committee on Ways and Means, that the Bill authorizing the Division of Capital Planning and Operations and the Metropolitan District Commission to convey a certain parcel of land in the city of Boston (House, No. 934) ought to pass with an amendment.

By the same member, for the same committee, that the Bill relative to insurance assessments (House, No. 1161, changed) ought to pass with an amendment substituting therefor a bill with the same title (House, No. 5215).

By the same member, for the same committee, that the Bill relative to veteran’s agents and veterans’ benefits (House, No. 4279) ought to pass with an amendment substituting therefor a bill with the same title (House, No. 5216).

By the same member, for the same committee, that the Bill authorizing the city of Worcester to lease a certain building for courthouse use (House, No. 4966) ought to pass with certain amendments.

By the same member, for the same committee, that the Bill relative to an initiative to promote the commercialization of fuel cell technology (House, No. 5063) ought to pass with certain amendments.

By the same member, for the same committee, that the Bill further regulating firearms (House, No. 5102) ought to pass with certain amendments.

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

Mr. Kujawski of Webster, for said committee, reported that the matters be scheduled for consideration by the House; and, under said rule, they were placed in the Orders of the Day for the next sitting for a second reading, with the amendments pending.

Emergency Measure.

The engrossed Bill relative to community preservation of historic resources (see House bill printed as Senate, No. 2343, 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 30 to 0. Sent to the Senate for concurrence.

Orders of the Day.

The House Bill providing support to individuals with disabilities and their families (Senate, No. 2218, amended), 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. Sent to the Senate for concurrence in the amendments previously adopted by the House.

The Senate Bill providing for the annual observance of Thomas Paine Day (Senate, No. 1602), 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.

House bills

Relative to the issuance of pension funding bonds by the city of Springfield (House, No. 4419); and

Authorizing the town of Wayland to convey certain park land (House, No. 5059);

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 Senate Bill relative to emergency telecommunications (Senate, No. 2349) was read a third time.

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

“SECTION 1. Section 18A of chapter 6A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out, in line 1, the words ‘eighteen B to eighteen F’ and inserting in place thereof the following:— 18B to 18I.”.

The amendment was adopted; and the bill (Senate, No. 2349, amended) was passed to be engrossed, in concurrence. Sent to the Senate for concurrence in the amendment adopted by the House.

The Senate Bill designating the Merrimack Valley Regional Transit Authority Transportation Center in Lawrence as the Senator Patricia McGovern Transportation Center (Senate, No. 2359); and

House bills

Relative to betterment assessments in the town of Provincetown (House, No. 4147);

Authorizing the Division of Capital Asset Management and Maintenance to convey a certain easement (House, No. 4260);

Further regulating the number of selectmen in towns (House, No. 4981);

Authorizing the town of Sudbury to regulate certain property tax exemption eligibility requirements for the elderly (House, No. 5051);

Authorizing the town of Sudbury to establish a special fund for deposit of certain funds to be used for affordable housing (House, No. 5093);

Relative to the repair of a certain road in the city of Leominster (House, No. 5118);

Relative to the disposition of certain state-owned property in the city of Somerville (House, No. 5138);

Authorizing the town of Canton to grant an easement to the town of Stoughton (House, No. 5143); and

Increasing the membership of the board of selectmen of the town of Canton from three to five members (House, No. 5161);

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

The House Bill providing for liens for molders (House, No. 5079) was read a second time.

Pending the question on ordering the bill to a third reading, Mr. Larkin of Pittsfield moved that it be amended in section 1, in line 8, by striking out the word “art” and inserting in place thereof the word “art,”; and in section 2, in line 18, by striking out the word “or” and inserting in place thereof the word “and”.

The amendments were adopted; and the bill (House, No. 5079, amended) was ordered to a third reading.

Recess.

At seven minutes after eleven o’clock A.M., on motion of Mr. Donato of Medford, 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 House Bill relative to enhancing English opportunities for all students in the Commonwealth (House, No. 5010, amended), reported by the committee on Bills in the Third Reading to be correctly drawn, was read a third time.

After remarks on the question on passing the bill to be engrossed, Messrs. Cabral of New Bedford and Larkin of Pittsfield moved that it be amended in section 1, in lines 4 and 5, by striking out the words “office of language acquisition” and inserting in place thereof the words “office of English language learners programs”; in section 15, in lines 31, 32 and 33, by striking out the paragraph contained therein and inserting in place thereof the following paragraph:

“‘Office of English language learners programs’, the office of English language learners programs established pursuant to section one A of chapter sixty-nine of the General Laws.”; and in section 17, in lines 6 and 7, by striking out the words “Office of language acquisition”, in lines 162 and 163, and also in line 194, by striking out the words “Office of language acquisition” and inserting in place thereof, in each instance, the words “Office of English language learners programs”.

The amendments were adopted.

The same members then moved that the bill be amended in section 15, in lines 58 to 62, inclusive, by striking out the paragraph contained therein and inserting in place thereof the following paragraph:

“‘Two-way bilingual education’, a full-time program in which the curriculum is structured so that limited English proficient students of the same language group and fully English proficient students develop full literacy in two languages by being taught in the same classroom in which the medium of instruction is both English and the language of the limited English proficient students.”.

The amendment was adopted.

Mr. Cabral then moved that the bill be amended in section 16, by adding at the end thereof the following: “; and, provided further, that any such school district must offer a minimum of two English language learners programs, at least one of which must be either transitional bilingual education or two-way bilingual education”.

After debate on the question on adoption of the amendment, the sense of the House was taken by yeas and nays, at the request of the same member; and on the roll call (Mrs. Harkins of Needham being in the Chair) 36 members voted in the affirmative and 113 in the negative.

[See Yea and Nay No. 379 in Supplement.]

Therefore the amendment was rejected.

Mr. Cabral of New Bedford then moved that the bill be amended in section 15, in lines 41 to 45, inclusive, by striking out the paragraph contained therein and inserting in place thereof the following paragraph:

“‘Structured English Immersion’, a full-time program of instruction for limited English proficient students, in which primarily English is the medium of classroom instruction. The native language of the student is used for support, clarification, and instruction of any subject required by the Massachusetts Curriculum Frameworks for the student’s age and grade level. In a structured English immersion program, 20 percent of the school day may be spent on continued development of the child’s native language at each student’s level of ability which may occur as part of a school’s world language program or otherwise. Teachers must be able to understand a child speaking in the native language and be able to communicate with that child using knowledge of both the native language and English.”.

After debate on the question on adoption of the amendment, the sense of the House was taken by yeas and nays, at the request of Ms. Rogeness of Longmeadow; and on the roll call 33 members voted in the affirmative and 118 in the negative.

[See Yea and Nay No. 380 in Supplement.]

Therefore the amendment was rejected.

Mr. Larkin of Pittsfield then moved that the bill be amended by adding at the end thereof the following two sections:

“SECTION 29. Section 1 shall take effect on January 1, 2003.

SECTION 30. Sections 2 through 28, inclusive, shall take effect on July 1, 2003.”.

The amendment was adopted.

Mr. Cabral of New Bedford then moved that the bill be amended in section 18, in line 50, by striking out the word “fifty” and inserting in place thereof the word “twenty”.

After debate on the question on adoption of the amendment, the sense of the House was taken by yeas and nays, at the request of the same member; and on the roll call (Mr. Petrolati of Ludlow being in the Chair) 53 members voted in the affirmative and 97 in the negative.

[See Yea and Nay No. 381 in Supplement.]

Therefore the amendment was rejected.

Mr. Larkin of Pittsfield and other members of the House then moved that the bill be amended in section 6, in lines 6 and 7, by striking out the words “a modified bilingual-world language bilingual education” and inserting in place thereof the words “an innovative”; in section 15, in lines 20 and 21, by striking out the words “modified bilingual-world language bilingual education”, and in lines 22 and 23, by striking out the words “innovative program designed to accelerate English language proficiency” and inserting in place thereof the words “full-time innovative program designed to accelerate English language proficiency and academic achievement”; in section 16, in lines 25 and 26, by striking out the words “modified bilingual-world language bilingual education”; and in section 17, in lines 227 and 228, by striking out the words “, or a modified bilingual-world language bilingual education program”.

The amendments were adopted.

After debate 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. Larkin of Pittsfield; and on the roll call 137 members voted in the affirmative and 14 in the negative.

[See Yea and Nay No. 382 in Supplement.]

Therefore the bill (House, No. 5010, amended) was passed to be engrossed. Sent to the Senate for concurrence.

Order.

Mrs. Harkins of Needham being in the Chair,— on motion of Mr. Finneran of Boston,—

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

Accordingly, without further consideration of the remaining matters in the Orders of the Day, at twenty-five minutes after four o’clock P.M., on motion of Mr. LeDuc of Marlborough (Mrs. Harkins being in the Chair), the House adjourned, to meet tomorrow at eleven o’clock A.M.