Met at ten minutes past eleven o’clock A.M.

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

Gracious God, Source of Goodness and Truth, in addressing today’s complex legislative responsibilities and numerous opportunities for serving people, we depend upon You, Your guidance and assistance to achieve our goals. Your spiritual gift of wisdom enables us to remain focused in our discussions and logical in our decisions. In Your kindness, help us to overcome our frustrations and our stresses in our efforts to resolve issues and policies to the satisfaction of all in our pluralistic society. Inspire us to offer You and the people, who depend upon our judgements, our best, conscientious and thoughtful service. May our common interests and the common good enable us to continuing building together peaceful, just and prosperous society.

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

At the request of the Speaker, the members, guests and employees joined with him in reciting the pledge of allegiance to the flag.

A statement of Mr. DiMasi of Boston concerning Mr. Fagan of Taunton 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 Fagan of Taunton, was not in present in the House Chamber for today’s sitting due to a previously scheduled family obligation. Had he been present for the taking of yea and nay numbers 261 to 297, inclusive, he would have voted, in each instance, in the affirmative. Any roll calls that he missed today was due entirely to the reason stated.  

A statement of Ms. Fox of Boston was spread upon the records of the House, as follows:

MR. SPEAKER: I would like to call to the attention of the House the fact that I was not present in the House Chamber for a portion of today’s sitting due to a previously scheduled medical appointment for a pre-operative examination. Any roll calls that I may have missed was due entirely to the reason stated.  

A statement of Mr. George of Yarmouth was spread upon the records of the House, as follows:

MR. SPEAKER: I would like to call to the attention of the House the fact that I will not be present in the House Chamber for the remainder of today’s sitting due to medical reasons. Any roll calls that I may miss will be due entirely to the reason stated.  

A statement of Mr. Jones of North Reading concerning Mr. Los­cocco of Holliston 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 Loscocco of Holliston, will not be present in the House Chamber for today’s sitting due to his attendance at his father-in-law’s funeral. Any roll calls that he may miss today will be due entirely to the reason stated.

A statement of 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 on roll calls 281 and 282, I was recorded in the affirmative when it was my intention to be recorded, in each instance, as being present.  

A statement of Mr. DiMasi of Boston concerning Mr. Vallee of Franklin 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 Vallee of Franklin, will not be present in the House Chamber for today’s sitting due to being out of state on his honeymoon. Any roll calls that he may miss today or for the next few days will be due entirely to the reason stated.  

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

Resolutions (filed by Mr. Humason of Westfield) honoring Editha T. Angco on the occasion of her retirement; and

Resolutions (filed by Mr. Quinn of Dartmouth) honoring Dr. Thomas Kelly on the occasion of his retirement;

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

During the session, the Speaker declared a brief recess and introduced Gregory Walsh of Braintree, accompanied by his mother, Janice, and his aide, Michelle Himdley. Gregory, reportedly, is the biggest fan of the “Gavel to Gavel” coverage of the proceedings of the General Court; and a huge fan of the Boston Red Sox. He is a graduate of Cutting School in Lexington and is in his second year at Massasoit Community College. They were the guests of Representative Driscoll of Braintree.

Petitions severally were presented and referred as follows:

By Mr. O’Brien of Kingston, petition (subject to Joint Rule 12) of Thomas J. O’Brien, Virato Manuel DeMacedo and Therese Murray that the airport commission of the town of Plymouth be authorized to lease certain parcels of land.

By Mr. Timilty of Milton (by request), petition (subject to Joint Rule 12) of Philip Murphy relative to contingent appropriations and reductions in appropriations in towns under the law providing limitations on the assessment of local taxes.

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

A message from His Excellency the Governor recommending legislation relative to authorizing the Department of Highways to acquire certain parcels of land in the town of Bourne (House, No. 3943) came from the Senate with the endorsement that said branch had non-concurred in the reference to the committee on State Administration and that it had been referred, in non-concurrence, to the committee on Transportation.

On motion of Mr. Wagner of Chicopee, the House receded from its reference; and the message was referred, in concurrence, to the committee on Transportation.

Relative to the Massachusetts business corporation act (Senate, No. 103, amended in section 1 (as printed), in line 1488, by inserting after the word “communication” the words “, unless the corporation is a public corporation”, in line 5197 by striking out the word “a” and inserting in place thereof the words “an equitable” and in line 5224 by striking out the following sentence: “There shall be no right to a jury trial.”) (on a petition);

Relative to the production of wind energy along the coastline (Senate, No. 380, changed in line 22 (as printed) by striking out the words “, including Cape Cod Bay and Nantucket Sound” and inserting in place thereof the words:— “along the entire coastline of the Commonwealth, including Cape Cod Bay, Nantucket Sound and Boston Harbor”) (on Senate, No. 374);

Severally passed to be engrossed by the Senate, were read; and they were referred, under Rule 33, to the committee on Ways and Means.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, Senate, No. 2038) of Michael W. Morrissey and Kathleen M. Teahan (by vote of the town) for legislation to authorize the town of Abington to transfer certain funds to the stabilization fund for open space and recreational purposes; and

Petition (accompanied by bill, Senate, No. 2039) of Michael W. Morrissey and Kathleen M. Teahan (by vote of the town) for legis­lation to authorize the town of Abington to pay an unpaid bill to Glenn R. LaPointe, Inc.;

Severally to the committee on Natural Resources and Agriculture.

A petition of Michael W. Morrissey, Robert L. Hedlund and Bruce E. Tarr for legislation to preserve fishing rights in the Common­wealth, came from the Senate referred, under suspension of Joint Rule 12, to the committee on Natural Resources and Agriculture.

The House then concurred with the Senate in the suspension of said rule; and the petition (accompanied by bill, Senate, No. 2043) was referred, in concurrence, to the committee on Natural Resources and Agriculture.

By Mr. Scaccia of Boston, for the committee on Rules and the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the petition of Robert A. DeLeo relative to the retirement rights of persons appointed by school committees. Under suspension of the rules, on motion of Mr. DeLeo of Winthrop, the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Service. Sent to the Senate for concurrence.

By Mr. Koczera of New Bedford, for the committee on Public Service, on a petition, a Bill establishing a paid leave bank for a certain employee of the Department of Social Services (House, No. 3823). 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 Mrs. Atkins of Concord, 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 Senate Bill relative to designating a certain square and two highways in the town of Webster (Senate, No. 1889, amended) be scheduled for consideration by the House.

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

By Mr. Toomey of Cambridge, for the committee on Public Safety, on House, Nos. 397, 1724, 1912, 1921, 2499 and 2850, a Bill to promote safety in the transportation of students (House, No. 3953).

By Mr. Hall of Westford, for the committee on State Administration, on a petition, a Bill authorizing the Division of Fisheries and Wildlife to take or acquire conservation restrictions in and to lands of the town of Clinton (House, No. 1208).

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

By Mr. Bosley of North Adams, for the committee on Government Regulations, on a petition, a Bill authorizing the town of Milford to issue an additional license for the sale of all alcoholic beverages to be drunk on the premises (House, No. 3878) [Local Approval Received].

By the same member, for the same committee, on a petition, a Bill authorizing the town of Maynard to issue additional alcoholic beverages licenses (House, No. 3904) [Local Approval Received].

By Mr. Greene of Billerica, for the committee on Natural Resources and Agriculture, on a petition, a Bill establishing a sewer system capital improvement fund in the town of Chelmsford (House, No. 3805) [Local Approval Received].

By Mr. Toomey of Cambridge, for the committee on Public Safety, on House, Nos. 2131, 2292 and 3205, a Bill authorizing alternative means of identification (House, No. 2292).

By Mr. Hall of Westford, for the committee on State Administration, on a petition, a Bill relative to the use of park land in the town of Swampscott for school purposes (printed as Senate, No. 2015) [Local Approval Received].

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

Mr. Rogers of Norwood, for the committee on Ways and Means, on a message from His Excellency the Governor (for message, see House, No. 4005), returning with His disapproval of certain items and sections and parts of certain items, and reductions in certain items contained in the engrossed Bill making appropriations for the fiscal year 2004 for the maintenance of the departments, boards, commissions, institutions and certain activities of the Commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements (see House, No. 4004), reported, in part, in each instance, that certain items (contained in section 2) and certain sections stand (as passed by the General Court).

Under suspension of the rules, on motion of Mr. Golden of Lowell, item 7100-0300 (contained in section 2), which had been vetoed by the Governor, was considered; and the sense of the House was determined by yeas and nays, as required by Chapter I, Section I, Article II of the Constitution, as follows:

“7100-0300 For the operation of the toxics use reduction institute program at the University of Massachusetts at Lowell, in accordance with section 6 of

chapter 21I of the General Laws 1,139,853”.

Therefore item 7100-0300 was passed, notwithstanding the objections of the Governor (more than two-thirds of the members present and voting having voted in the affirmative). Sent to the Senate for its action.

Under suspension of the rules, on motion of Mr. Flynn of Bridgewater, item 7109-0100 (contained in section 2), which had been reduced by the Governor, was considered; and the sense of the House was determined by yeas and nays, as required by Chapter I, Section I, Article II of the Constitution, as follows:

“7109-0100 For Bridgewater State College; provided, that not less than $245,814 shall be expended for the operation of the John Joseph Moakley Center for Technological Applications at Bridgewater State College; and provided further, that the initiative shall be conducted on the site of the college for the purposes of technological applications to classroom teaching and initiatives in distance learning and economic development in conjunction with business and

industry in southeastern Massachusetts 29,536,751”.

[The Governor reduced the item to $29,290,937 and disapproved the following wording: “; provided, that not less than $245,814 shall be expended for the operation of the John Joseph Moakley Center for Technological Applications at Bridgewater State College; and provided further, that the initiative shall be conducted on the site of the college for the purposes of technological applications to classroom teaching and initiatives in distance learning and economic development in conjunction with business and industry in southeastern Massachusetts”.]

The question on passing said item, notwithstanding the reductions of the Governor, was determined by yeas and nays, as required by the Constitution; and on the roll call 136 members voted in the affirmative and 18 in the negative.

Therefore item 7109-0100 was passed, notwithstanding the reductions of the Governor (more than two-thirds of the members present and voting having voted in the affirmative). Sent to the Senate for its action.

Under suspension of the rules, on motion of Mr. Rodrigues of Westport, item 7066-0015 (contained in section 2), which had been vetoed by the Governor, was considered; and the sense of the House was determined by yeas and nays, as required by Chapter I, Section I, Article II of the Constitution, as follows:

“7066-0015 For the community college workforce training incentive grant program established in sec-

tion 15F of chapter 15A of the General Laws 900,000”.

Therefore item 7066-0015 was passed, notwithstanding the objections of the Governor (more than two-thirds of the members present and voting having voted in the affirmative). Sent to the Senate for its action.

Under suspension of the rules, on motion of Mr. Miceli of Wilmington, item 4510-0600 (contained in section 2), which had been reduced by the Governor, was considered; and the sense of the House was determined by yeas and nays, as required by Chapter I, Section I, Article II of the Constitution, as follows:

“4510-0600 For an environmental and community health hazards program, including control of radiation and nuclear hazards, consumer products protection, food and drugs, lead poisoning prevention in accordance with chapter 482 of the acts of 1993, lead-based paint inspections in day care facilities, inspection of radiological facilities, licensing of x-ray technologists and the administration of the division of environmental epidemiology and toxicology for the purposes of chapter 470 of the acts of 1983, the “Right-to-Know” law; provided, that the expenditures from this item for the fair packaging and labeling survey program shall be contingent upon the prior approval of the proper federal authorities for reimbursement of 100 per cent of the amounts so expended; provided further, that no funds appropriated in this item shall be expended for the purpose of siting or locating a low-level radioactive waste facility in the commonwealth; provided further, that not less than $50,000 shall be expended for the director of the bureau of environmental health assessment of the department of public health to conduct an environmental risk assessment of the health impacts of the Cambridge Plating Company in the town of Belmont; provided further, that the assessment may include, but shall not be limited to, examining incidences of cancers in Belmont and the surrounding communities; provided further, that not less than $30,000 shall be expended for a renal disease program administered by the National Kidney Foundation of Massachusetts, Rhode Island and Vermont for nutritional supplements and early intervention services for those affected by renal disease and those at risk of renal disease; provided further, that not less than $14,800 shall be allocated to the Franklin Regional Council of Governments for costs associated with the regional public health agent pilot project in Franklin county; provided further, that not less than $100,000 shall be expended for the purposes of research and prevention activities associated with Lyme disease to be conducted by the Barnstable county department of health and environment; provided further, that $300,000 shall be expended for a contract to provide environmental risk assessment of the prevalence of lupus and scleroderma in the South Boston section of the city of Boston, including the costs of performing medical and laboratory tests and examinations; and provided further, of said $300,000, not less than $81,000 shall be expended for the maintenance of a statewide

lupus database 2,709,962”.

[The Governor reduced the item to $2,179,962 and disapproved the following wording: “; provided further, that not less than $50,000 shall be expended for the director of the bureau of environmental health assessment of the department of public health to conduct an environmental risk assessment of the health impacts of the Cambridge Plating Company in the town of Belmont; provided further, that the assessment may include, but shall not be limited to, examining incidences of cancers in Belmont and the surrounding communities; provided further, that not less than $30,000 shall be expended for a renal disease program administered by the National Kidney Foundation of Massachusetts, Rhode Island and Vermont for nutritional supplements and early intervention services for those affected by renal disease and those at risk of renal disease; provided further, that not less than $14,800 shall be allocated to the Franklin Regional Council of Governments for costs associated with the regional public health agent pilot project in Franklin county; provided further, that not less than $100,000 shall be expended for the purposes of research and prevention activities associated with Lyme disease to be conducted by the Barnstable county department of health and environment”.]

Therefore item 4510-0600 was passed, notwithstanding the reductions of the Governor (more than two-thirds of the members present and voting having voted in the affirmative). Sent to the Senate for its action.

Mr. Flynn of Bridgewater being in the Chair,—

Under suspension of the rules, in each instance, on motion of Mr. Rogers of Norwood, the items and sections were considered; and the sense of the House, in each instance, was determined by yeas and nays, as required by Chapter I, Section I, Article II of the Constitution, as follows:

Section 209, which had been vetoed by the Governor, was considered, as follows:

“SECTION 209. Section 4 of chapter 71A of the General Laws, as appearing in section 1 of chapter 386 of the acts of 2002, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:— Children who are English learners shall be educated through sheltered English immersion during a temporary transition period not normally intended to exceed one school year, provided, however, that kindergarten English learners shall be educated either in sheltered English immersion or English language mainstream classrooms with assistance in English language acquisition, including, but not limited to, English as a second language, so-called.”.

Therefore section 209 was passed, notwithstanding the objections of the Governor (more than two-thirds of the members present and voting having voted in the affirmative). Sent to the Senate for its action.

Section 210, which had been vetoed by the Governor, was considered, as follows:

“SECTION 210. Said section 4 of said chapter 71A, as so appear­ing, is hereby further amended by striking out the last sentence and inserting in place thereof the following sentence:— Foreign language classes for children who already know English, 2-way bilingual programs for students in kindergarten through grade 12 and special education programs for physically or mentally impaired students shall be unaffected.”.

After debate the question on passing said section, notwithstand­ing the objections of the Governor, was determined by yeas and nays, as required by the Constitution; and on the roll call 110 members voted in the affirmative and 44 in the negative.

Therefore section 210 was passed, notwithstanding the objections of the Governor (more than two-thirds of the members present and voting having voted in the affirmative). Sent to the Senate for its action.

Section 211, which had been vetoed by the Governor, was considered, as follows:

“SECTION 211. Subsection (a) of section 5 of said chapter 71A, as so appearing, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence: — If a parental waiver has been granted, the affected child may be transferred to classes teaching English and other subjects through bilingual education techniques or other generally-recognized educational methodologies permitted by law.”.

Therefore section 211 was passed, notwithstanding the objections of the Governor (more than two-thirds of the members present and voting having voted in the affirmative). Sent to the Senate for its action.

Section 212, which had been vetoed by the Governor, was considered, as follows:

“SECTION 212. Section 7 of said chapter 71A, as so appearing, is hereby amended by adding the following 2 paragraphs: —

English learners in any program shall be taught to the same academic standards and curriculum frameworks as all students, and shall be provided the same opportunities to master such standards and frameworks as other students. Districts shall regularly assess mastery of academic standards and curriculum frameworks.

The district shall send report cards and progress reports includ­ing, but not limited to, progress in becoming proficient in using the English language and other school communications to the parents or legal guardians of students in the English learners programs in the same manner and frequency as report cards and progress reports to other students enrolled in the district. The reports shall, to the maximum extent possible, be written in a language understandable to the parents and legal guardians of such students.”.

After debate the question on passing said section, notwithstand­ing the objections of the Governor, was determined by yeas and nays, as required by the Constitution; and on the roll call 113 members voted in the affirmative and 39 in the negative.

Therefore section 212 was passed, notwithstanding the objections of the Governor (more than two-thirds of the members present and voting having voted in the affirmative). Sent to the Senate for its action.

Section 213, which had been vetoed by the Governor, was considered, as follows:

“SECTION 213. Said chapter 71A is hereby amended by insert­ing after section 7 the following section:—

Section 7A. The office of educational quality and accountability shall conduct on-site visits to school districts at least once every 5 years for the purposes of evaluating the effectiveness of programs serving English learners and to validate evidence of educational outcomes. The evaluation shall include, but not be limited to, a review of individual student records of all English learners, a review of the programs and services provided to English learners and a review of the dropout rate of English learners formerly enrolled in the district within the prior 3 years.

In the event a review and evaluation undertaken under this section demonstrates that a district is failing to adequately improve educational outcomes for English learners, the commissioner may recommend to the board of education and any school within the district be declared underperforming under section 1J and 1K of chapter 69.”.

The question on passing said section, notwithstanding the objections of the Governor, was determined by yeas and nays, as required by the Constitution; and on the roll call 116 members voted in the affirmative and 38 in the negative.

Therefore section 213 was passed, notwithstanding the objections of the Governor (more than two-thirds of the members present and voting having voted in the affirmative). Sent to the Senate for its action.

Item 5095-0015 was considered, as follows:

“5095-0015 For the operation of adult inpatient facilities, including the community mental heath centers; provided, that in order to comply with the provisions of the Olmstead decision and to enhance care within available resources to clients served by the department, the department shall take steps to consolidate or close psychiatric hospitals managed by the department and shall endeavor within available resources to discharge clients residing in the inpatient facilities to residential services in the community when the following criteria are met: 1) the client is deemed clinically suited for a more integrated setting; 2) community residential service capacity and resources available are sufficient to provide each client with an equal or improved level of service; and 3) the cost to the commonwealth of serving the client in the community is less than or equal to the cost of serving the client in inpatient care; provided further, that any client transferred to another inpatient facility as the result of a facility closure shall receive a level of care that is equal to or better than the care that had been received at the closed facility; provided further, that the department shall report to the joint committee on human services and the house and senate committees on ways and means on the progress of this initiative, including both past actions and proposed future actions; provided further, that the report shall include an examination of the costs, benefits, and effect on quality of services provided by continuing the operation of Worcester State Hospital and shall identify alternative methods of providing the services currently provided by this institution; provided further, that the report shall include: the number of clients transferred from inpatient care into the community, the community supports provided to clients discharged from inpatient care into the community and the current inpatient bed capacity relative to the number of clients in psychiatric hospitals managed by the department; provided further, the report shall also include steps being taken to help minimize increases in travel distances for family members visiting clients at inpatient facilities resulting from the transfer of clients from one facility to another; provided further, that the department shall submit the report not later than December 1, 2003; provided further, that no action to reduce the client population of Worcester State Hospital for the sole purpose of closing the hospital shall be undertaken, and no steps shall be taken to close the institution through attrition, layoffs or any other means until a study of this reduction or closing is completed and the general court shall have approved the closure of Worcester State Hospital by law; and provided further, that the department may allocate funds in an amount not to exceed $5,000,000 from this item to item 5046-0000, as necessary, pursuant to allocation plans submitted to the house and senate committees on ways and means 30 days prior to any such transfer, for residential and day services for clients formerly receiving inpatient care at

the centers and facilities 156,753,632”.

[The Governor reduced the item to $153,753,632 and disapproved the following wording: “; provided further, that the department shall report to the joint committee on human services and the house and senate committees on ways and means on the progress of this initiative, including both past actions and proposed future actions; provided further, that the report shall include an examination of the costs, benefits, and effect on quality of services provided by continuing the operation of Worcester State Hospital and shall identify alternative methods of providing the services currently provided by this institution; provided further, that the report shall include: the number of clients transferred from inpatient care into the community, the community supports provided to clients discharged from inpatient care into the community and the current inpatient bed capacity relative to the number of clients in psychiatric hospitals managed by the department; provided further, the report shall also include steps being taken to help minimize increases in travel distances for family members visiting clients at inpatient facilities resulting from the transfer of clients from one facility to another; provided further, that the department shall submit the report not later than December 1, 2003; provided further, that no action to reduce the client population of Worcester State Hospital for the sole purpose of closing the hospital shall be undertaken, and no steps shall be taken to close the institution through attrition, layoffs or any other means until a study of this reduction or closing is completed and the general court shall have approved the closure of Worcester State Hospital by law”.]

After debate the question on passing said section, notwithstand­ing the reductions of the Governor, was determined by yeas and nays, as required by the Constitution; and on the roll call 135 members voted in the affirmative and 20 in the negative.

Therefore item 5095-0015 was passed, notwithstanding the reductions of the Governor (more than two-thirds of the members present and voting having voted in the affirmative). Sent to the Senate for its action.

Section 571, which had been vetoed by the Governor, was considered, as follows:

“SECTION 571. The General Laws are hereby amended by insert­ing after chapter 23G the following chapter:—

CHAPTER 23H.

Section 1. (a) Within the executive office of economic development, there shall be a department of workforce development, in this chapter called the department.

(b) The mission of the department shall be to develop, coordinate, and maintain a coherent workforce development system that fills the needs of employers for a skilled workforce and promotes lifelong learning among employees. The department shall cooperate with all federal, state, and local agencies active in the field of workforce development to achieve this goal.

(c) Subject to appropriation, the department shall be provided with such offices in Boston and elsewhere in the commonwealth as may be approved by the governor and may expend sums for other necessary expenses of said department. Said department may accept gifts or grants of money or property, whether real or personal, from any source, public or private, including, but not limited to, the United States of America or its agencies, for the purpose of assisting the departments in the discharge of their duties.

Section 2. (a) The director shall be the executive and administrative head of the department. Except as otherwise provided, he shall be responsible for the administration and enforcement of all laws, rules and regulations for which it is the duty of the department to administer and enforce.

(b) The director shall be appointed by the governor for a term coterminous with the governor and shall not be subject to chapter 31 or section 9A of chapter 30. Upon expiration of the term of office of the director or in the event of a vacancy, a successor shall be appointed by the governor for a term coterminous with the governor. The director shall devote his full time during business hours to the duties of his office.

(c) The director shall receive such salary as the governor shall determine, provided that such salary shall be equivalent to the salary received by the director of business and technology, director of labor, and the director of consumer affairs and business regulation.

Section 3. Within the department, there shall be the following agencies and divisions: a division of apprentice training, which shall administer the provisions of sections 11E to 11W, inclusive of chapter 23; a division of one-stop career centers, which shall administer the provisions of section 6 of this chapter, and other divisions as the director deems necessary to administer and enforce the department’s other obligations. The department shall also work as a partner with the Commonwealth Corporation where appropriate, and as approved by the secretary, in consultation with the director and the president of the Commonwealth Corporation.

Section 4. (a) Subject to appropriation, the director of workforce development, shall make expenditures on workforce training grants for the following purposes:

(1) To provide grants to employers, employer groups, labor organizations and training providers for projects to provide education and training to existing employees and newly hired workers. In determining who shall receive grants, the director shall consider the following criteria:

(i) whether the project will increase the skills of low-wage, low-skilled workers;

(ii) whether the project will create or preserve jobs at wages sufficient to support a family;

(iii) whether the project will have a positive economic impact on a region with high levels of unemployment or a high concentration of low-skilled workers;

(iv) whether the employer has made a commitment to provide significant private investment in training during the duration of the grant and after the grant has expired;

(v) whether the project will supplement, rather than replace, private investments in training;

(vi) whether the employer is a small business that lacks the capacity to provide adequate training without such assistance;

(vii) whether the project will provide residents of the commonwealth with training for jobs that could otherwise be filled only by residents of other nations; and

(viii) whether the project is consistent with the workforce development blueprint prepared by the regional employment board.

Such grants shall be for amounts not to exceed $250,000 and shall be for a term not to exceed 2 years.

(2) To provide technical assistance to increase training opportunities available to employees. The director may provide this direct technical assistance by using existing institutions such as workforce investment boards, community colleges, labor organizations, administrative entities under the federal Workforce Investment Act, Public Law 105-220, and other entities that have expertise in providing technical assistance regarding employee training or with employees of the department of workforce development or of the corporation for business, work and learning. Such expenditures shall not exceed $3,000,000 each year and the director shall demonstrate that each dollar expended generates not less than $5 in private investment in job training.

(b) The director of the department of workforce development shall adopt regulations, with the approval of the secretary, pursuant to chapter 30A to carry out this section.

(c) Not later than September 1 of each year, the director of workforce development shall file a report in writing with the joint committee on commerce and labor and the house and senate committees on ways and means concerning the grants made in the fiscal year ending on the preceding June 30, together with such recommendations and additional information as the director of workforce development considers appropriate.

(d) Documentary materials or data made or received by an employee of the department of workforce development, to the extent that such materials or data consist of trade secrets or commercial or financial information regarding the operation of a business conducted by an applicant for a grant from the fund established by this section, shall not be public records and shall not be subject to section 10 of chapter 66.

Section 6. (a) The director of workforce development shall administer the system of free public employment offices established in sections 160 through 168A of Chapter 149, through the division of one-stop career centers.

(b) Said division shall have control of the establishment, maintenance and operation of free public employment offices of the commonwealth and shall co-operate with the Massachusetts rehabilitation commission in the placement of handicapped persons under the provisions of section 81 of chapter 6. The department shall be the state agency for co-operation with the United States Employment Service under chapter 49 of the acts of the 73rd congress, session I, known as the Wagner-Peyser act, and shall have all the powers of such an agency as specified in said act.

The director shall assure that all information secured as an incident to the public employment service program is used solely for the purpose of administering the commonwealth system of public employment offices as part of a national system of public employment offices, except that such information may be disclosed for other purposes in accordance with policies promulgated by the deputy director of employment security, provided that such disclosure will not impede the operation of or be inconsistent with the purposes of the public employment service program, or where such disclosure is otherwise authorized or required by law. Whoever discloses such information other than as required or authorized by law shall be subject to the penalty set forth in section 46 of chapter 151A.

(c) The director, in consultation with the secretary, shall divide the commonwealth into employment districts. Subject to appropriation, he may establish and maintain such additional free public employment offices as he may find necessary. The director may contract with one-stop operators, certified in accordance with the provisions of Public Law 105-220, to provide such offices and shall have all the powers of such an agency as specified in said act. In addition, the director shall consult with the deputy director of the division of unemployment assistance to determine the share of the capital and operating expenses of said offices necessary or convenient for the proper administration of chapter 151A. The division of unemployment assistance shall reimburse the department for said share. Said offices shall be available for the payment of benefits, presentation of claims, registration of the unemployed, action to procure employment for the unemployed, and for the proper administration of chapter 151A.

Section 7. (a) There shall be in the department, but not subject to the jurisdiction thereof, a state workforce investment board, hereinafter called the board.

(b) The board shall consist of the governor; 3 members of the senate, 2 of whom shall be appointed by the senate president and 1 of whom shall be appointed by the minority leader; 3 members of the House, two of whom shall be appointed by the speaker of the house and 1 of whom shall be appointed by the minority leader; the secretary of economic development; the secretary of health and human services; the director of the department of workforce development; the director of the department of business and technology; the commissioner of transitional assistance; the commissioner of the department of education; the chancellor of the board of higher education or another official appointed by the governor representing education and training issues; the head of the division of unemployment assistance; and the following additional members, as appointed by the governor: 2 mayors or chairs of boards of selectmen; 2 persons with experience with youth activities; 2 persons with experience and expertise in the delivery of workforce investment activities, including 1 president of a community college in the commonwealth; 11 persons representing public government, public secondary and post-secondary education, and organizations representing or providing services to trainees, including at least 3 representatives of organized labor, 2 of who shall be selected from among individuals nominated by state labor federations; and 33 persons representing business and industry in the commonwealth to be selected from among individuals nominated by state business associations and trade organizations, including at least 3 chairs of workforce investment boards. The members shall serve two-year terms at the pleasure of the governor, and shall serve without compensation.

(c) The governor shall select an individual to serve as chairperson of the board from among the members. The Chair shall serve at the pleasure of the governor.

(d) There shall be an executive committee of the state workforce investment board.

(i) The executive committee shall be chaired by the director of workforce development, and include the following members: a community college president with expertise in workforce development issues, selected by the Massachusetts Community College Association; the director of adult basic education in the department of the Board Education; the commissioner of the department of transitional assistance; two individuals who, because of their vocations, employments, occupations, or affiliations, shall be classed as employers; and two individuals who, for like reasons, can be classed as employees. Said members shall be, by virtue of their membership on the executive board, also members of the State Workforce Investment Board.

 (ii) Said executive committee shall develop legislative and regulatory proposals and identify administrative impediments to the efficient delivery of workforce development programs throughout the commonwealth, including, but not limited to assisting the Governor, or his designee, in preparing the strategic plan for the development of the Massachusetts Workforce Investment System for Massachusetts residents and businesses pursuant to the Workforce Investment Act of 1998. The executive committee shall also carry out such additional responsibilities as the Governor may from time to time require. The executive committee shall consult with the entire Workforce Investment Board in developing such proposals.

(e) The board shall adopt by-laws to govern its proceedings, and shall carry out the responsibilities required of it under the federal Workforce Investment Act of 1998.

(f) The administrative staff of the board shall be supervised by and shall report to the director of workforce development. The board shall contract with said department for personnel services and other operating needs. Notwithstanding any law or special act to the contrary, other departments, agencies, divisions, commissions, boards and bureaus of the commonwealth authorized to provide such information and support as the board may from time to time require in the course of carrying out its responsibilities.”.

After debate the question on passing said section, notwithstanding the objections of the Governor, was determined by yeas and nays, as required by the Constitution; and on the roll call 131 members voted in the affirmative and 21 in the negative.

Therefore section 571 was passed, notwithstanding the objections of the Governor (more than two-thirds of the members present and voting having voted in the affirmative). Sent to the Senate for its action.

Section 583, which had been vetoed by the Governor, was considered, as follows:

“SECTION 583. Section 58 of said chapter 151A, as so appear­ing, is hereby amended by adding the following paragraph: —

(g) Funds from this account shall be used to support the administration and operation of this chapter, and shall be used to contract with the department of workforce development for space required to maintain walk-in services, including the provision of general information, application assistance, claims information and orientation, under this chapter.”.

The question on passing said section, notwithstanding the objections of the Governor, was determined by yeas and nays, as required by the Constitution; and on the roll call 132 members voted in the affirmative and 21 in the negative.

Therefore section 583 was passed, notwithstanding the objections of the Governor (more than two-thirds of the members present and voting having voted in the affirmative). Sent to the Senate for its action.

Section 584, which had been vetoed by the Governor, was considered, as follows:

“SECTION 584. Section 61 of said chapter 151A of the General Laws, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph: —

For the purpose of maintaining free employment offices, the director of labor is authorized to enter into agreement with the director of workforce development, and shall reimburse the director of workforce development for the cost of providing space in said employment offices for the proper administration of this chapter.”.

The question on passing said section, notwithstanding the objections of the Governor, was determined by yeas and nays, as required by the Constitution; and on the roll call 132 members voted in the affirmative and 21 in the negative.

Therefore section 584 was passed, notwithstanding the objections of the Governor (more than two-thirds of the members present and voting having voted in the affirmative). Sent to the Senate for its action.

Section 585, which had been vetoed by the Governor, was considered, as follows:

“SECTION 585. Said section 62A of said chapter 151A, as so appear­ing, is hereby further amended by striking out, in line 1, the words “employment and training shall” and inserting in place thereof, the following:— unemployment assistance shall contract with the department of workforce development to.”.

The question on passing said section, notwithstanding the objections of the Governor, was determined by yeas and nays, as required by the Constitution; and on the roll call 132 members voted in the affirmative and 21 in the negative.

Therefore section 585 was passed, notwithstanding the objections of the Governor (more than two-thirds of the members present and voting having voted in the affirmative). Sent to the Senate for its action.

Section 586, which had been vetoed by the Governor, was considered, as follows:

“SECTION 586. Section 62A of said chapter 151A, as so appear­ing, is hereby further amended by striking out subsection (b) and inserting in place thereof, the following subsection:—

(b) In addition to such access by telephone to offices of the division, the deputy director shall contract with the department of workforce development to maintain walk-in services, including the provision of general information, application assistance, claims information and orientation.”.

Therefore section 586 was passed, notwithstanding the objections of the Governor (more than two-thirds of the members present and voting having voted in the affirmative). Sent to the Senate for its action.

Section 587, which had been vetoed by the Governor, was considered, as follows:

“SECTION 587. Section 71D of said chapter 151A, as so appear­ing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:— Subject to appropriation, the director of workforce development, in coordination with the secretary and with any other appropriate agency, shall establish a reemployment assistance program to provide counseling, placement, training, and any other services deemed necessary, to employees terminated in plant closings and partial closings which will lead to the reemployment of said employees.”.

Therefore section 587 was passed, notwithstanding the objections of the Governor (more than two-thirds of the members present and voting having voted in the affirmative). Sent to the Senate for its action.

Section 590, which had been vetoed by the Governor, was considered, as follows:

“SECTION 590. Notwithstanding any general or special laws to the contrary, wherever in sections 160 to 168A, inclusive, of chapter 149 of the General Laws the word ‘commissioner’ appear, they shall be changed to ‘director of workforce development’, ‘department’ to ‘department of workforce development’.”.

The question on passing said section, notwithstanding the objections of the Governor, was determined by yeas and nays, as required by the Constitution; and on the roll call 130 members voted in the affirmative and 21 in the negative.

Therefore section 590 was passed, notwithstanding the objections of the Governor (more than two-thirds of the members present and voting having voted in the affirmative). Sent to the Senate for its action.

Section 591, which had been vetoed by the Governor, was considered, as follows:

“SECTION 591. Notwithstanding any general or special law to the contrary, the department of workforce development shall administer the one-stop career centers, so-called, and shall contract with the division of unemployment assistance, to ensure, through all reasonable efforts, the smooth and uninterrupted processing of applications and delivery of benefits.”.

The question on passing said section, notwithstanding the objections of the Governor, was determined by yeas and nays, as required by the Constitution; and on the roll call 133 members voted in the affirmative and 21 in the negative.

Therefore section 591 was passed, notwithstanding the objections of the Governor (more than two-thirds of the members present and voting having voted in the affirmative). Sent to the Senate for its action.

Section 592, which had been vetoed by the Governor, was considered, as follows:

“SECTION 592. Notwithstanding any general or special law to the contrary, the executive committee of the state workforce investment board shall coordinate with the secretary of economic development and the directors of the department of labor and the department of workforce development to develop and submit to the governor and the clerks of the senate and the house of representatives, by June 30, 2004, a comprehensive workforce development plan that shall include, but not be limited to, the following: an assessment of current workforce programs and policies; an assessment of the delivery of employment and training services to persons who face multiple barriers to employment, including youth and disabled and dislocated workers; recommendations for policy, programmatic, and legislative or funding changes.”.

The question on passing said section, notwithstanding the objections of the Governor, was determined by yeas and nays, as required by the Constitution; and on the roll call 134 members voted in the affirmative and 21 in the negative.

Therefore section 592 was passed, notwithstanding the objections of the Governor (more than two-thirds of the members present and voting having voted in the affirmative). Sent to the Senate for its action.

Section 694, which had been vetoed by the Governor, was considered, as follows:

“SECTION 694. Notwithstanding any general or special laws to the contrary, wherever in sections 160 to 168A, inclusive, of chapter 149 of the General Laws the word ‘commissioner’ to ‘the director of workforce development’ ‘department’ to ‘the department of workforce development’.”.

Therefore section 694 was passed, notwithstanding the objections of the Governor (more than two-thirds of the members present and voting having voted in the affirmative). Sent to the Senate for its action.

Mr. Rogers of Norwood then moved that the rules be suspended in order that the House might consider item 7000-9401 (contained in section 2), which had been reduced by the Governor.

Therefore the rules were suspended.

Said item, which had been reduced by the Governor, then was considered, as follows:

“7000-9401 For state aid to regional public libraries; provided, that the board of library commissioners may provide quarterly advances of funds for purposes authorized by clauses (1) and (2) of section 19C of chapter 78 of the General Laws, as it deems proper, to regional public library systems throughout each fiscal year, in compliance with the office of the comptroller’s regulations on state grants, 815 CMR 2.00; provided further, that notwithstanding said secion 19C of said chapter 78 or any other general or special law to the contrary, the Boston Public Library shall, as the library of last recourse for reference and research services for the commonwealth, be paid from this item an amount equal to $1.06 per resident in the commonwealth; provided further, that notwithstanding any general or special law to the contrary, the board of library commissioners may grant waivers, in excess of the waiver limit set forth in the second paragraph of section 19A of said chap­ter 78, to any library for a period of not more than 1 year; and provided further, that notwithstanding any general or special law to the contrary, in calculating the fiscal year 2004 distribution of funds appropriated herein, the board of library commissioners shall employ population figures used to calculate the fiscal

year 2003 distribution 14,980,361”.

[The Governor reduced the item to $13,931,736 and reduced the following: “$1.06 per resident” to “$0.93 per resident”.]

The question on passing said item, notwithstanding said reductions, was determined by yeas and nays, as required by Chapter I, Section I, Article II of the Constitution and on the roll call 153 members voted in the affirmative and 0 in the negative.

Therefore item 7000-9401 (contained in section 2) was passed, notwithstanding the reductions of the Governor (more than two-thirds of the members present and voting having voted in the affirmative). Sent to the Senate for its action.

Mr. Rogers of Norwood then moved that the rules be suspended in order that the House might consider item 7000-9506 (contained in section 2), which had been vetoed by the Governor.

Therefore the rules were suspended.

Said item, which had been vetoed by the Governor, then was considered, as follows:

“7000-9506 For the technology and automated resource sharing

networks 341,811”.

The question on passing said item, notwithstanding said objections, was determined by yeas and nays, as required by Chapter I, Section I, Article II of the Constitution and on the roll call 153 members voted in the affirmative and 0 in the negative.

Therefore item 7000-9506 (contained in section 2) was passed, notwithstanding the objections of the Governor (more than two-thirds of the members present and voting having voted in the affirmative). Sent to the Senate for its action.

Mr. Rogers of Norwood then moved that the rules be suspended in order that the House might consider item 7000-9402 (contained in section 2), which had been vetoed by the Governor.

Therefore the rules were suspended.

Said item, which had been vetoed by the Governor, then was considered, as follows:

“7000-9402 For the talking book library at the Worcester public

library 318,777”.

The question on passing said item, notwithstanding said objections, was determined by yeas and nays, as required by Chapter I, Section I, Article II of the Constitution and on the roll call 154 members voted in the affirmative and 0 in the negative.

Therefore item 7000-9402 (contained in section 2) was passed, notwithstanding the objections of the Governor (more than two-thirds of the members present and voting having voted in the affirmative). Sent to the Senate for its action.

Mr. Petrolati of Ludlow being in the Chair,—

Mr. Rogers of Norwood then moved that the rules be suspended in order that the House might consider section 609, which had been vetoed by the Governor.

At the request of Mr. Peterson of Grafton, the pending question was divided.

The first question, the suspension of Rule 42, then prevailed.

On the second question, the suspension of Rule 7A, the sense of the House was taken by yeas and nays, at the request of Mr. Jones of North Reading; and on the roll call 134 members voted in the affirmative and 21 in the negative.

Therefore Rule 7A was suspended.

Said section, which had been vetoed by the Governor, then was considered, as follows:

“SECTION 609. On or before September 1, 2003, the department of public health Lemuel Shattuck hospital shall submit a report to the house and senate committee on ways and means detailing the current billing procedure and rate used to determine the expenses charged to county sheriffs by said hospital for medical services provided to inmates of county correctional facilities by said hospital, the prior billing procedure and rate used by said hospital to determine said expenses during fiscal years FY97 through FY02, and an explanation of the differences, if any, between the current and prior billing procedure and rate used by said hospital. Said report shall include, but not be limited to, the following: (1) information relative to whether said county sheriffs are currently charged using an ‘all-inclusive flat fee’ rate or an individual ‘fee for service’ rate by said hospital, (2) whether said sheriffs were previously charged, during fiscal years FY97 through FY02, using an ‘all-inclusive flat fee’ rate or an individual ‘fee for service’ rate by said hospital, (3) information regarding the current and prior level of interaction and participation afforded to said county sheriffs by the administration of said hospital in determining the rate at is so charged and the level of medical care that is required to continue billing at certain rates for said inmates, (4) information regarding the current and prior level of inter tion and participation afforded to health maintenance organizations that have been retained by the department of correction to provide health insurance coverage for state inmates in determining the rate that the department is charged for medical services provided to state inmates and the level of medical care that is required to continue billing at certain rates for said inmates, (5) the current billing procedure and rate used by said hospital to determine the expenses charged to said health maintenance organizations covering state inmates including whether said organizations are currently charged using an ‘all-inclusive flat fee’ rate or an individual ‘fee for service’ rate by said hospital, (6) information regarding whether the billing procedure and rate used to charge said county sheriffs is uniformly applied to all county sheriffs, and (7) information detailing the percentage of actual expenses born by said hospital for the provision of said medical services that is covered by funds appropriated within line item 8910-0010 of section 2 of this act and the percentage of actual expenses for said medical services that is covered by direct payments made to the Lemuel Shattuck hospital by the county sheriffs for fiscal years 1997 through 2002, inclusive.”.

Therefore section 609 was passed, notwithstanding the objections of the Governor (more than two-thirds of the members present and voting having voted in the affirmative). Sent to the Senate for its action.

Mr. Rogers of Norwood then moved that the rules be suspended in order that the House might consider section 680 (contained in section 2), which had been reduced by the Governor.

On the question on suspension of the rules, the sense of the House was taken by yeas and nays, at the request of Mr. Peterson of Grafton; and on the roll call 133 members voted in the affirmative and 21 in the negative.

Therefore the rules were suspended.

Said section, which had been vetoed by the Governor, then was considered, as follows:

“SECTION 680. Notwithstanding any general or special law to the contrary, the executive office of administration and finance in cooperation with the executive office of environmental affairs and the department of environmental protection, shall meet its obli­gations under the biosolids improvement project for the Greater Lawrence sanitary district by June 30, 2006.”.

The question on passing said section, notwithstanding said objections, was determined by yeas and nays, as required by Chapter I, Section I, Article II of the Constitution and on the roll call 132 members voted in the affirmative and 21 in the negative.

Therefore section 680 was passed, notwithstanding the objections of the Governor (more than two-thirds of the members present and voting having voted in the affirmative). Sent to the Senate for its action.

Mr. Rogers of Norwood then moved that the rules be suspended in order that the House might consider item 0910-0200 (contained in section 2), which had been reduced by the Governor.

Therefore the rules were suspended.

Said item, which had been reduced by the Governor, was considered, as follows:

“0910-0200 For the operation of the office of the inspector

general 2,201,150”.

[The Governor reduced the item to $1,725,658.]

The question on passing said item, notwithstanding the reduction of the Governor, was determined by yeas and nays, as required by the Constitution; and on the roll call 133 members voted in the affirmative and 21 in the negative.

Therefore item 0910-0200 was passed, notwithstanding the reduction of the Governor (more than two-thirds of the members present and voting having voted in the affirmative). Sent to the Senate for its action.

Under suspension of the rules, in each instance, on motion of Mr. Rogers of Norwood, the items and sections were considered; and the sense of the House, in each instance, was determined by yeas and nays, as required by Chapter I, Section I, Article II of the Constitution, as follows:

Item 8200-0200 (contained in section 2), which had been reduced by the Governor, was considered, as follows:

“8200-0200 For the operation of veteran, reserve and in-service training programs conducted by the Massachusetts criminal justice training council; provided, that the council shall expend not less than $250,000 in accordance with chapter 30B of the General Laws, for training and technical assistance for chiefs of police and administrative or command personnel by: a) a combination of training manuals, seminars, computer based training and distance learning; b) research, drafting and mailing of monthly articles and presentations on legal and administration topics; c) training presentations during and following monthly meetings of policy chiefs; d) e-mail, toll-free consultation to chiefs on administrative issues and follow-up on seminar topics; e) a state-wide three-day training conference on management, legal and leadership issues; provided further, that the executive director of the council shall submit a report not later than January 1, 2004 to the house and senate committees on ways and means on police chief training offered by said council that shall include, but not be limited to, the ongoing need for specialized training of chiefs of police, the identification of the estimated cost of providing such training to said chiefs of police, a detailed breakdown of all expenditures related to chief of police training by date, event, publication, amount expended and number of chiefs of police benefiting from said training, and that the breakdown shall be made for fiscal years 2001, 2002, 2003 and the first quarter of fiscal year 2004; provided further, that under no circumstances shall any expenditures authorized by this item be charged to item 8200-0222; provided further, that the executive director of said council shall submit a report not later than January 1, 2004 to the house and senate committees on ways and means on cost-savings initiatives, including, but not limited to, the relocation of training sites and the feasibility of conducting officer training in armories owned by the Massachusetts military division; and provided further, that no expenditures shall be made, on or after the effective date of this act, which would cause the commonwealth’s obligation for the purpose of this item to exceed the

amount appropriated in this item 2,496,050”.

[The Governor reduced the item to $2,246,050 and disapproved the following wording: “; provided, that the council shall expend not less than $250,000 in accordance with chapter 30B of the General Laws, for training and technical assistance for chiefs of police and administrative or command personnel by: a) a combination of training manuals, seminars, computer based training and distance learning; b) research, drafting and mailing of monthly articles and presentations on legal and administration topics; c) training presentations during and following monthly meetings of policy chiefs; d) e-mail, toll-free consultation to chiefs on administrative issues and follow-up on seminar topics; e) a state-wide three-day training conference on management, legal and leadership issues; provided further, that the executive director of the council shall submit a report not later than January 1, 2004 to the house and senate committees on ways and means on police chief training offered by said council that shall include, but not be limited to, the ongoing need for specialized training of chiefs of police, the identification of the estimated cost of providing such training to said chiefs of police, a detailed breakdown of all expenditures related to chief of police training by date, event, publication, amount expended and number of chiefs of police benefiting from said training, and that the breakdown shall be made for fiscal years 2001, 2002, 2003 and the first quarter of fiscal year 2004”.]

After debate the question on passing said item, notwithstanding the reductions of the Governor, was determined by yeas and nays, as required by the Constitution; and on the roll call 154 members voted in the affirmative and 0 in the negative.

Therefore item 8200-0200 (contained in section 2) was passed, notwithstanding the reductions of the Governor (more than two-thirds of the members present and voting having voted in the affirmative). Sent to the Senate for its action.

Section 649, which had been vetoed by the Governor, was considered, as follows:

“SECTION 649. Notwithstanding any general or special law to the contrary, each sheriff receiving an appropriation in items 8910-1000, 8910-0102, 8910-0105, 8910-0107, 8910-0108, 8910-0110, 8910-0145 or 8910-0619 of section 2 shall file a report with the house and senate committees on ways and means no later than February 1, 2004 detailing the civil process fees charged by said sheriff’s civil process office, all revenue received from said fees, the compensation structure for deputy sheriffs engaged in the service of process, and the expenditure of revenues generated from the collection of said fees. The report shall include, but not be limited to: the number of civil process transactions by nature and quantity performed by each civil process office or division annually; fee schedules per transaction for those transactions that, under section 8 of chapter 262 of the General Laws, the sheriff is provided discretion to set the fee, the organizational or corporate structure of the civil process office or division in relation to the sheriff’s office; the role played by the state or county treasurer in the financial operation of the civil process office or division; an income statement for calendar year 2002; a breakdown of the types and amount of civil process served in 2002; a fee schedule for calendar year 2002, including a list of fees set at the sheriff’s discretion; the number of full-time employees, part-time employees and independent contractors utilized by sheriffs for the service of civil process; the compensation structure used to compensate for such civil process employees and independent contractors; the amount and nature of sheriff’s office resources used to support the civil process operation in Fiscal Year 2002 and Fiscal Year 2003, the amount and nature of civil process resources used to support the operations and functions of the sheriff’s office in Fiscal Year 2002 and Fiscal Year 2003; the amount of civil process revenues, if any, deposited into the General Fund of the commonwealth pursuant to section 5 of chapter 34B of the General Laws; the amount of civil process revenues, if any, deposited with the county treasurer pursuant to section 22 of chapter 37 of the General Laws, the amount of revenues retained by said civil process division or sheriff’s office and the statutory authorization relied upon to so retain that amount, a five-year history of all revenues collected from civil process fees; revenues collected per civil process transaction for fiscal year 2003 and; a comprehensive list of all expenditures associated with all revenues generated from the collection of civil process fees.”.

Therefore section 649 was passed, notwithstanding the objections of the Governor (more than two-thirds of the members present and voting having voted in the affirmative). Sent to the Senate for its action.

Item 1310-1000 (contained in section 2), which had been reduced by the Governor, was considered, as follows:

“1310-1000 For the operation of the appellate tax board; provided, that the board shall schedule hearings in Barnstable, Gardner, Lawrence, Milford, Northampton, Pittsfield, Springfield, Worcester and southeastern Massachusetts; and provided further, that the board shall report to the house and senate committees on ways and means on

the number of hearings held at each location 1,517,359”.

[The Governor reduced the item to $1,441,491.]

The question on passing said item, notwithstanding the reduction of the Governor, was determined by yeas and nays, as required by the Constitution; and on the roll call 129 members voted in the affirmative and 23 in the negative.

Therefore item 1310-1000 was passed, notwithstanding the reduction of the Governor (more than two-thirds of the members present and voting having voted in the affirmative). Sent to the Senate for its action.

Item 7006-0066 (contained in section 2), which had been vetoed by the Governor, was considered, as follows:

“7006-0066 For the support of the division of standard’s municipal inspection efforts; provided, that up to 15 per cent of the amount appropriated herein may be expended for administrative costs of the

division 300,000”.

The question on passing said item, notwithstanding the objections of the Governor, was determined by yeas and nays, as required by the Constitution; and on the roll call 131 members voted in the affirmative and 22 in the negative.

Therefore item 7006-0066 was passed, notwithstanding the objections of the Governor (more than two-thirds of the members present and voting having voted in the affirmative). Sent to the Senate for its action.

Item 4590-0250 (contained in section 2), which had been reduced by the Governor, was considered, as follows:

“4590-0250 For school health services and school-based health centers in public and non-public schools; provided, that state employees previously paid from this line item shall be paid from line item 4510-0099 or from line item 4510-0100 in fiscal year 2004; provided further, that services shall include but not be limited to: (1) strengthening the infrastructure of school health services in the areas of personnel and policy development, programming, and interdisciplinary collaboration; (2) developing linkages between school health services programs and community health providers, and (3) incorporating health education programs, including tobacco prevention and cessation activities in school curricula and in the provision of school based health services; provided further, that said services shall meet standards and eligibility guidelines established by the department of public health in consultation with the department of education; provided further, that not more than $250,000 shall be expended for the governor’s commission on gay and lesbian youth; provided further, that $200,000 shall be allocated to the Berkshire County Area Health Education Center, Inc. for programs including but not limited to alcohol, drug and tobacco prevention; provided further, that not less than $12,000,000 shall be expended for school nurses and school-based health centers; and provided further, that not more than $99,000 shall be expended for the HELP program for

black males’ health 12,622,966”.

[The Governor reduced the item to $3,721,456 and reduced the following: “provided further, that $200,000 shall be allocated to the Berkshire County Area Health Education Center, Inc. for programs including but not limited to alcohol, drug and tobacco prevention; provided further, that not less than $12,000,000 shall be expended for school nurses and school-based health centers; and provided further, that not more than $99,000 shall be expended for the HELP program for black males’ health . . . . . 12,622,966” to the following: “provided further, that not less than $3,397,490 shall be expended for school nurses and school-based health centers”.]

The question on passing said item, notwithstanding the reductions of the Governor, was determined by yeas and nays, as required by the Constitution; and on the roll call 153 members voted in the affirmative and 0 in the negative.

Therefore item 4590-0250 (contained in section 2) was passed, notwithstanding the reductions of the Governor (more than two-thirds of the members present and voting having voted in the affirmative). Sent to the Senate for its action.

The Speaker being in the Chair,—

Mr. Larkin of Pittsfield moved that the House Bill making one-time investments in emerging technologies to stimulate job creation and economic opportunity throughout the Commonwealth (House, No. 3950), be discharged from its position in the Orders of the Day and read a second time forthwith, under suspension of Rule 47; and the motion prevailed.

The bill then was read a second time; and it was ordered to a third reading.

On motion of Mr. DiMasi of Boston,—

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

Mr. DiMasi then moved that the House adjourn; and the motion prevailed. Accordingly, without proceeding to consideration of the matters in the Orders of the Day, at thirteen minutes before five o’clock P.M. (the Speaker being in the Chair), the House adjourned, to meet tomorrow at eleven o’clock A.M.