JOURNAL OF THE HOUSE.
Thursday, July 11, 2002.
 
 

Met according to adjournment, at eleven o’clock A.M., in an Informal Session, with Mr. Spellane of Worcester 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:

Eternal God, the Ultimate Source of Goodness and Forgiveness, we depend upon You, Your guidance and assistance as we struggle this and every day to make mature, reasoned and moral judgments and decisions. In Your kindness, help us to offer You and the people, who depend upon us, our best efforts and responsible stewardship. In the midst of our busy schedules, teach us to pause for a moment to think about the often complex issues before we make decisions. Inspire us to continue and to deepen our commitment to hold in the highest esteem those virtues and spiritual values which enhance human dignity, promote personal responsibility and insure peace of mind and heart.

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

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

Resolutions.

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

Resolutions (filed by Mr. Kujawski of Webster) congratulating the Douglas Middle High School “Tigers” varsity softball team on winning the 2002 Division III state championship; and

Resolutions (filed by Representatives Parente of Milford and Peterson of Grafton) congratulating the Nipmuc Middle/High School “Warriors” varsity baseball team on winning the 2002 Massachusetts Division III state championship;

Mr. Scaccia of Boston, for the committee on Rules, reported, in each instance, that the resolutions ought to be adopted. Under suspension of the rules, in each instance, on motion of Mr. Peterson, the resolutions (reported by the committee on Bills in the Third Reading to be correctly drawn) were considered forthwith; and they were adopted.

Petitions.

Petitions severally were presented and referred as follows:

By Ms. Atkins of Concord, petition (accompanied by bill, House, No. 5227) of Cory Atkins (by vote of the town) relative to authorizing the town of Concord to send certain information to registered voters of said town. To the committee on Election Laws.

By Mr. Connolly of Everett, petition (accompanied by bill, House, No. 5228) of Edward G. Connolly (with the approval of the mayor and city council) that the city of Everett be authorized to issue certain bonds for the Lafayette School project;

By Mr. Patrick of Falmouth, petition (accompanied by bill, House, No. 5229) of Matthew C. Patrick and Ruth W. Provost (by vote of the town) relative to the appointment of associate members to the conservation commission of the town of Bourne;

By Mr. Pedone of Worcester, petition (accompanied by bill, House, No. 5230) of Vincent A. Pedone, Robert Spellane and Harriette L. Chandler (with the approval of the mayor and city council) relative to parking violations in the city of Worcester; and

By Mrs. Poirier of North Attleborough, petition (accompanied by bill, House, No. 5231) of Elizabeth A. Poirier and Cheryl A. Jacques (by vote of the town) relative to establishing the position of treasurer-collector in the town of North Attleborough;

Severally to the committee on Local Affairs.

By Mr. Coppola of Foxborough, petition (accompanied by bill, House, No. 5232) of Michael J. Coppola, Elizabeth A. Poirier and Jo Ann Sprague (by vote of the town) relative to authorizing Leona S. Ferrara to take the civil service examination for the position of fire fighter in the town of Mansfield, notwithstanding the maximum age requirements; and

By Mr. Marzilli of Arlington, petition (accompanied by bill, House, No. 5233) of J. James Marzilli, Jr., Robert A. Havern, Anne M. Paulsen and Jay R. Kaufman (by vote of the town) for legislation to designate certain positions in the town of Arlington as “civil service” positions;

Severally to the committee on Public Service.

Severally sent to the Senate for concurrence.

Petitions severally were presented and referred as follows:

By Mr. Atsalis of Barnstable, petition (subject to Joint Rule 12) of Demetrius J. Atsalis relative to cables in ocean sanctuaries.

By the same member, petition (subject to Joint Rule 12) of Demetrius J. Atsalis relative to the retirement of probation officers.

By the same member (by request), petition (subject to Joint Rule 12) of Joseph Casey relative to collective bargaining for certain judicial employees.

By Mr. DiMasi of Boston, petition (subject to Joint Rule 12) of Salvatore F. DiMasi to further define the term “officer” under the public employees retirement law.

By Ms. Flavin of Easthampton, petition (subject to Joint Rule 12) of Nancy Flavin relative to granting overtime eligibility to certain seasonal employees.

By Mrs. Gomes of Harwich, petition (subject to Joint Rule 12) of Shirley Gomes, Robert A. O’Leary, Robert S. Hargraves and Lida E. Harkins relative to authorizing the Teachers’ Retirement System to pay a certain sum to Thomas P. Johnson.

By Mr. Patrick of Falmouth, petition (subject to Joint Rule 12) of Matthew C. Patrick and Eric Turkington for legislation to allow holders of charitable events to obtain special licenses for the sale of alcoholic beverages.

By Mr. Rogers of New Bedford, petition (subject to Joint Rule 12) of George Rogers relative to prohibiting employers from running financial background checks on prospective employees.

By Mr. Timilty of Milton, petition (subject to Joint Rule 12) of Walter F. Timilty and Brian A. Joyce relative to granting civil service preference to the children of Robert Byron for appointment as fire fighter in the town of Milton.

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

Papers from the Senate.

The House Bill relative to Mini-Fenway Park, Inc. (House, No. 4362) came from the Senate passed to be engrossed, in concurrence, with an amendment inserting after section 3 the following section:

“SECTION 4. Section 2 of said chapter 275 is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:— The parcels referred to in section 1 comprise approximately 11.438 acres and are shown as Lot A on a plan of land entitled ‘Subdivision Plan of Land, Riccutti Drive, Quincy, Mass.,’ prepared by Harry R. Feldman, Inc., dated February 7, 2000.”.

Under suspension of Rule 35, on motion of Mr. Koczera of New Bedford, 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.

The House Bill exempting the position of deputy chief of police in the town of Webster from the civil service law (House, No. 4758) came from the Senate passed to be engrossed, in concurrence, with an amendment striking out all after the enacting clause and inserting in place thereof the text contained in Senate document numbered 2326.

Under suspension of Rule 35, on motion of Mr. Kujawski of Webster, 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.

A Bill relative to child performers (Senate, No. 2403) (on a part of Senate bill, No. 138), passed to be engrossed by the Senate, was read.

Under suspension of the rules, on motion of Mr. Rodrigues of Westport, the bill was read a second and (having been reported by the committee on Bills in the Third Reading to be correctly drawn) a third time; and it was passed to be engrossed, in concurrence.

A petition of Robert E. Travaglini and Anthony Petruccelli for legislation to exempt the theatrical group Cirque du Soleil from certain child labor laws, came from the Senate referred, under suspension of Joint Rule 12, to the committee on Commerce and Labor.

The House then concurred with the Senate in the suspension of said rule; and the petition (accompanied by bill, Senate, No. 2404) was referred, in concurrence, to the committee on Commerce and Labor.

Reports of Committees.

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 relating to birth, marriage and death records (House, No. 5158),— 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. Greene of Billerica, for the committee on Commerce and Labor, on House, No. 234, a Bill regulating telemarketing solicitation (House, No. 5225).

By the same member, for the same committee, on House, No. 4872, a Bill relative to the Workforce Training Fund (House, No. 5226).

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

By Mr. Greene of Billerica, for the committee on Commerce and Labor, on House, No. 2112, a Bill relative to the Massachusetts Business Corporation Act (House, No. 5224). Read; and referred, under Rule 33B, to the committee on Science and Technology.

By Mr. Scaccia of Boston, for the committee on Rules, that the Bill relative to the sounding of certain warning devices in the town of Concord (House, No. 4226) ought to pass [Local Approval Received]; and

By Mr. Broadhurst of Methuen, for the committee on Science and Technology, that the Bill relative to the Massachusetts Technology Development Corporation (Senate, No. 2118, amended) ought to pass.

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

By Mr. Wagner of Chicopee, for the committee on Election Laws, on a petition, a Bill establishing a 4 year term for the office of mayor in the city of Everett (House, No. 5176, changed by inserting after section 2 the following section:

“SECTION 2A. The city solicitor shall prepare a fair, concise summary and purpose of the law to appear with the question no later than 60 days prior to the election in accordance with section 58A of chapter 54 of the General Laws.”) [Local Approval Received].

By the same member, for the same committee, on a petition, a Bill relative to voting precinct for the city of Chicopee (House, No. 5178) [Local Approval Received].

By the same member, for the same committee, on a petition, a Bill relative to the charter of the city of Attleboro (House, No. 5204, changed by inserting after section 3 the following section:

“SECTION 3A. The city solicitor shall prepare a fair, concise summary and purpose of the law to appear with the question no later than 60 days prior to the election in accordance with section 58A of Chapter 54 of the General Laws.”) [Local Approval Received].

By Mr. Sullivan of Braintree, for the committee on Transportation, on a petition, a Bill designating a certain bridge in the town of North Attleborough as the Women War Veterans of North Attleborough Memorial Bridge (House, No. 5156).

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

Orders of the Day.

House bills

Relative to open space in the town of Saugus (House, No. 2081);

Establishing the Plymouth Development Corporation (House, No. 4917, changed);

Relative to fuel cell technology (House, No. 5063, amended) (its title having been changed by the committee on Bills in the Third Reading);

Further regulating firearms (House, No. 5102, amended);

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

Relative to protection offered in connection with rental agreements (House, No. 5174); and

Authorizing the Attorney General to suspend certain labor laws in an emergency (House, No. 5189);

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 farmer distillery licenses (Senate, No. 2328) was read a third time.

The committee on Bills in the Third Reading reported recommending that the bill be amended in section 2, in lines 131 and 132, by striking out clause (10) contained therein; and by adding at the end thereof the following section:

“SECTION 3. Section 33 of said chapter 138, as appearing in the 2000 Official Edition, is hereby amended by inserting after the word ‘holidays’, in line 32, the following words:— ; provided, however, that a licensee under section 19E may sell distilled products at retail by the bottle to consumers for consumption off the distillery premises on Sundays and legal holidays.”.

The amendments were adopted; and the bill (Senate, No. 2328, amended) was passed to be engrossed, in concurrence. Sent to the Senate for concurrence in the amendments adopted by the House.

The House Bill relative to certain tanks used for the storage of fluids (House, No. 4209), 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. Rogers of Norwood moved that it be amended in section 1, in lines 4 and 5, by striking out the words “flammable or combustible liquids” and inserting in place thereof the words “flammable, combustible or other fluid that may present a fire or an explosion hazard”; and in section 2, in line 21, by striking out the words “flammable or combustible liquid” and inserting in place thereof the words “flammable, combustible or other fluid that may present a fire or an explosion hazard”.

The amendments were adopted; and the bill (House, No. 4209, amended) was passed to be engrossed. Sent to the Senate for concurrence.

Emergency Measures.

The engrossed Bill relative to child performers (see Senate, No. 2403), 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 3 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 Senate) was passed to be enacted; and it was signed by the acting Speaker and sent to the Senate.

The engrossed Bill relative to dental and vision care carriers (see House, No. 4676, 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 6 to 0. Sent to the Senate for concurrence.

Engrossed Bill.

The engrossed Bill relative to community preservation of historic resources (see House bill printed as Senate, No. 2343, amended) (which originated in the House), in respect to which the Senate had concurred in adoption of the emergency preamble, was passed to be enacted; and it was signed by the acting Speaker and sent to the Senate.

Order.

On motion of Mr. Finneran of Boston,—

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

At twenty-four minutes after twelve o’clock noon, on motion of Mr. Smizik of Brookline (Mr. Spellane of Worcester being in the Chair), the House adjourned, to meet on Monday next at eleven eleven o’clock A.M., in an Informal Session.