JOURNAL OF THE HOUSE.
Wednesday, July 16, 2003.
Met according to adjournment,
at one o’clock P.M.
Prayer was offered by the
Reverend Robert F. Quinn, C.S.P., Chaplain of the House, as follows:
Gracious God, whose spiritual
gift of wisdom enables us to make sound and ethical personal and legislative
decisions and thus enjoy peace of mind and spirit, we look to You for
guidance as we carry out our daily responsibilities. In reality, our legislative
options are often limited and our choices often unsatisfactory to some
or perhaps many constituents. Inspire us to offer You and the people our
best conscientious efforts and mature decisions. As legislators, grant
us the patience to seek accurate information on issues and the goodwill
to respect the views of others. Teach us to work together in making our
communities and the Commonwealth a safe and healthy place to live for
the youngest child to the oldest senior. Let us recognize the dignity
of each person and the human, civil and religious rights of all as a top
priority.
Grant Your blessings to the Speaker,
to 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.
Statement Concerning Representative
George of Yarmouth.
A statement of Mr. Jones
of North Reading concerning 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 one of
our colleagues, Representative George of Yarmouth, will not be present
in the House Chamber for today’s sitting due to illness. Any roll
calls that he may miss today or tomorrow will be due entirely to the reason
stated.
Papers
from the Senate.
The House Bill authorizing
the transfer of an easement under the control of the Department of Environmental
Management in the city of Lynn (House, No. 2018) came from the Senate
passed to be engrossed, in concurrence, with certain amendments striking
out all after the enacting clause and inserting in place thereof the text
contained in Senate document numbered 2035; and striking out the title
and inserting in place thereof the following title: “An Act authorizing
the transfer of an easement under the control of the Department of Conservation
and Recreation in the city of Lynn.”.
Under suspension of Rule
35, on motion of Mr. Fennell of Lynn, the amendments (reported by the
committee on Bills in the Third Reading to be correctly drawn) were considered
forthwith; and they were adopted, in concurrence.
The House Bill relative
to quality health care (House, No. 3952) came from the Senate passed (in
a form to be re-enacted), in concurrence, with an amendment by inserting
before the enacting clause the following emergency preamble:
“Whereas, The deferred operation of this act would tend to defeat its
purpose, which is forthwith to provide for nursing facility Medicaid rates
for fiscal year 2004, therefore it is hereby declared to be an emergency
law, necessary for the immediate preservation of the public health and
convenience.”.
Under suspension of Rule
35, on motion of Mr. Rogers of Norwood, 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 petition of Marc R. Pacheco,
Steven A. Baddour, Mark C. Montigny, Steven C. Panagiotakos and other
members of the General Court for legislation relative to the creation
of a Big Dig cost recovery commission, came from the Senate referred,
under suspension of Joint Rule 12, to the committee on Transportation.
The House then concurred
with the Senate in the suspension of said rule; and the petition (accompanied
by bill, Senate, No. 2044) was referred, in concurrence, to the committee
on Transportation.
Reports
of Committees.
By Mr. O’Flaherty
of Chelsea, for the committee on the Judiciary, on
a petition, a Bill establishing a sick leave bank for Duarte O. Raposo,
an employee of the Trial Court of the Commonwealth (House, No. 3958).
Read; and referred, under Rule 7A, to the committee on Steering, Policy
and Scheduling.
Mr. Kujawski of Webster,
for said committee, reported that the matter be scheduled for consideration
by the House.
Under suspension of the
rules, on motion of Mr. Toomey of Cambridge, 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
relative to drag racing in the city of Springfield
(House, No. 3835) [Local Approval Received] be
scheduled for consideration by the House.
Under suspension of Rule
7A, on motion of Ms. Candaras of Wilbraham, the bill was read a second
time forthwith; and it was ordered to a third reading.
Emergency Measure.
The engrossed Bill relative
to quality health care (see House, No. 3952, 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 40 to 0. Sent to the Senate for concurrence.
Motions
to Discharge Certain Matters in the
Orders of
the Day.
Mr. Rogers of Norwood moved
that the Senate Bill relative to designating a certain square and two
highways in the town of Webster (Senate, No. 1889, amended) be discharged
from its position in the Orders of the Day and considered forthwith, under
suspension of Rule 47; and the motion prevailed.
The bill (having been reported
by the committee on Bills in the Third Reading to be correctly drawn)
then was read a third time; and it was passed to be engrossed, in concurrence.
Mr. Rogers of Norwood moved
that the Senate Bill authorizing the the city of Lawrence to use certain
park land for school purposes (Senate, No. 2022, amended) be discharged
from its position in the Orders of the Day and considered forthwith, under
suspension of Rule 47; and the motion prevailed.
The bill (having been reported
by the committee on Bills in the Third Reading to be correctly drawn)
then was read a third time; and it was passed to be engrossed, in concurrence.
Mr. Rogers of Norwood moved
that the House Bill establishing a paid leave bank for a certain employee
of the Department of Social Services (House, No. 3823) be discharged from
its position in the Orders of the Day and considered forthwith, under
suspension of Rule 47; and the motion prevailed.
The bill (having been reported
by the committee on Bills in the Third Reading to be correctly drawn)
then was read a third time; and it was passed to be engrossed. Sent to
the Senate for concurrence.
Mr. Rogers of Norwood moved
that the House Bill authorizing the town of Maynard to issue additional
alcoholic beverages licenses (House, No. 3904) be discharged from its
position in the Orders of the Day and considered forthwith, under suspension
of Rule 47; and the motion prevailed.
The bill (having been reported
by the committee on Bills in the Third Reading to be correctly drawn)
then was read a third time; and it was passed to be engrossed. Sent to
the Senate for concurrence.
Mr. Rogers of Norwood moved
that the House Bill relative to the use of park land in the town of Swampscott
for school purposes (printed as Senate, No. 2015) be discharged from its
position in the Orders of the Day and considered forthwith, under suspension
of Rule 47; and the motion prevailed.
The bill then was read
a third time.
The committee on Bills
in the Third Reading reported recommending that the bill be amended by
striking out all after the enacting clause and inserting in place thereof
the following:
“The town of Swampscott,
acting by and through its board of selectmen, may use 10.1 acres of land,
more or less, being a portion of park land known as Jackson Park in the
town of Swampscott, as a site for a new high school building together
with parking and other uses related thereto. Said park land is shown on
a plan entitled ‘Plan of Land Jackson Park, Essex Street, Swampscott,
MA’ prepared for Symmes, Maini and McKee by Surveying and Mapping
Consultants of Braintree, MA, dated May 15, 2003 to be recorded in the
Essex county registry of deeds.”.
The amendment was adopted;
and the bill (printed as Senate, No. 2015, amended) was passed to be engrossed.
Sent to the Senate for concurrence.
Miss Garry of Dracut moved
that the House Bill placing the fire department of the town of Dracut
under the civil service law (House, No. 3903) be discharged from its position
in the Orders of the Day and considered 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.
Reports of a Committee.
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) stand (as passed
by the General Court).
Under suspension of the
rules, in each instance, on motion of the same member, the items 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 2820-0100 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“2820-0100 For the administration,
operation and maintenance of the division of urban parks and recreation,
for the maintenance, operation and related costs of the parkways, boulevards,
roadways, bridges and related appurtenances under the care, custody and
control of the division, for the flood control activities of the division,
for the purchase of all necessary supplies and related equipment, and
for the civilianization of crossing guards located at division intersections
where state police previously performed such duties; provided, that said
parkways, boulevards, roadways, bridges and related appurtenances under
the care and custody of the metropolitan district commission in fiscal
year 2003 shall remain solely under the jurisdiction, custody and care
of the division of urban parks and recreation; provided, that no funds
from this item shall be made available for payment to true seasonal employees;
provided further, that not less than $247,000 shall be expended for the
maintenance and operation of the James
Michael Curley recreation center
in Boston 21,128,262”.
[The Governor reduced the
item to $20,881,262 and disapproved the following wording: “; provided
further, that not less than $247,000 shall be expended for the maintenance
and operation of the James Michael Curley recreation center in Boston”.]
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
(Mr. DiMasi of Boston having taken the Chair) 133 members voted in the
affirmative and 22 in the negative.
Therefore item 2820-0100
(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.
Item 0321-2000 (contained
in section 2), which had been vetoed by the Governor, was considered,
as follows:
“0321-2000 For the operation
of the mental health legal advisors committee and for certain programs
for the indigent mentally ill, as provided in section 34E
of chapter 221 of the General
Laws 501,085”.
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
137 members voted in the affirmative and 19 in the negative.
Therefore item 0321-2000
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 0330-2200 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“0330-2200 For the rental
of county court facilities, in accordance with section 4 of chapter 29A
of the General Laws; provided, that all county facilities shall be reimbursed
from this item in fiscal
year 2004 8,606,082”.
[The Governor reduced the
item to $6,606,082.]
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
134 members voted in the affirmative and 22 in the negative.
Therefore item 0330-2200
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 0331-3404 (contained
in section 2), which had been vetoed by the Governor, was considered,
as follows:
“0331-3404 For an education
and community outreach pilot program to be administered in the Suffolk
supe-
rior criminal court 178,902”.
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
102 members voted in the affirmative and 54 in the negative.
Therefore the veto of item
0331-3404 (contained in section 2) was sustained (less than two-thirds
of the members present and voting having voted in the affirmative).
Mr. O’Flaherty of
Chelsea then moved that this vote be reconsidered.
After debate on the motion
to reconsider, the sense of the House was taken by yeas and nays, at the
request of Mr. Peterson of Grafton, and on the roll call 119 members voted
in the affirmative and 35 in the negative.
Therefore the motion to
reconsider prevailed.
After debate on the recurring
question on passing said item, notwithstanding the objections of the Governor,
the sense of the House was determined by yeas and nays, as required by
the Constitution; and on the roll call 114 members voted in the affirmative
and 40 in the negative.
Therefore item 0331-3404
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 1410-0630 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“1410-0630 For the administration
of the veterans’ cemeteries
in the towns of Agawam and Winchendon
429,908”.
[The Governor reduced the
item to $343,890.]
Therefore item 1410-0630
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 5911-1000 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“5911-1000 For the administration
of the department of mental retardation; provided, that the department
shall not charge user fees, so-called, for transportation or community
day services; provided further, that the department shall not charge fees
for eligibility determination for services provided by said department
or for applications of requests for transfer of guardianship, so-called;
provided further, that a study commission shall be established to explore
the viability of developing a training and/or apprenticeship program for
direct care workers, and the impact of such programs on compensation,
quality of care and staff retention; provided further, that said commission
shall consist of a representative from Department
of Mental Retardation, Service Employees International
Union, ADDP, MARC, Department of Education, Department of Labor, the House
and Senate Chairs of Ways and Means or their designee, and the House and
Senate Chairs of the Joint Committee on Human Services and Elderly Affairs
or their designee; and provided further, that said commission shall file
a report with its findings to the House and Senate Ways and Means Committees
and the Joint Committee on Human Services and Elderly
Affairs not later than January
1, 2004 12,102,349”.
[The Governor reduced the
item to $11,279,425 and disapproved the following wording: “; provided
further, that the department shall not charge fees for eligibility determination
for services provided by said department or for applications of requests
for transfer of guardianship, so-called; provided further, that a study
commission shall be established to explore the viability of developing
a training and/or apprenticeship program for direct care workers, and
the impact of such programs on compensation, quality of care and staff
retention; provided further, that said commission shall consist of a representative
from Department of Mental Retardation, Service Employees International
Union, ADDP, MARC, Department of Education, Department of Labor, the House
and Senate Chairs of Ways and Means or their designee, and the House and
Senate Chairs of the Joint Committee on Human Services and Elderly Affairs
or their designee; and provided further, that said commission shall file
a report with its findings to the House and Senate Ways and Means Committees
and the Joint Committee on Human Services and Elderly Affairs not later
than January 1, 2004”.]
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 21 in the negative.
Therefore item 5911-1000
(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.
Item 0321-2205 (contained
in section 2), which had been vetoed by the Governor, was considered,
as follows:
“0321-2205 For the expenses
of the social law library located in
Suffolk county 1,704,671”.
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 25 in the negative.
Therefore item 0321-2205
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 4110-1000, which had
been reduced by the Governor, was considered, as follows:
“4110-1000 For the community
services program; provided, that not less than $350,000 shall be expended
from this item for the deaf-blind community access network; provided further,
that not less than $500,000 shall be expended for the talking information
center; provided further, that not less than $10,000 shall be expended
for the Audible Local Ledger of Falmouth; and provided further, that the
Massachusetts commission for the blind shall work in collaboration with
the Massachusetts commission for the deaf and hard of hearing to provide
assistance and services to the deaf-blind community through
the deaf-blind community access
network 3,673,070”.
[The Governor reduced the
item to $3,423,070 and reduced the following: “; provided further,
that not less than $500,000 shall be expended for the talking information
center” to the following: “; provided further, that not less
than $250,000 shall be expended for the talking information center”.]
The question on passing
said section, notwithstanding the reduction of the Governor, was determined
by yeas and nays, as required by the Constitution; and on the roll call
142 members voted in the affirmative and 14 in the negative.
[Ms. Rogeness of Longmeadow
answered “Present” in response to her name.]
Therefore item 4110-1000
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 4125-0100 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“4125-0100 For the operation
of and services provided by the Massachusetts commission for the deaf
and
hard of hearing 4,929,536”.
[The Governor reduced the
item to $4,801,301.]
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
137 members voted in the affirmative and 20 in the negative.
Therefore item 4125-0100
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 4570-1500 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“4570-1500 For an early
breast cancer detection program, mammographies for the uninsured, and
a breast cancer detection public awareness program; provided, that state
employees previously paid from this line item shall be paid from line
item 4510-0099 or from item 4510-0100 in fiscal
year 2004 3,029,488”.
[The Governor reduced the
item to $2,993,810.]
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
142 members voted in the affirmative and 15 in the negative.
Therefore item 4570-1500
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 4000-0875 (contained
in section 2), which had been vetoed by the Governor, was considered,
as follows:
“4000-0875 For the provision
of benefits to eligible women who require medical treatment for
either breast or cervical cancer in
accordance with 1902(a)(10)(A)(ii)(XVIII) of the Breast and Cervical Cancer
Prevention and Treatment Act of 2000, Public Law 106-354, and in accordance
with section 10D of chapter 118E of the General Laws; provided, that the
division shall seek to obtain federal approval to limit the provision
of said benefits to women whose income, as determined by the division,
does not exceed 250 per cent of the federal poverty level; provided further,
that eligibility for such benefits shall be extended solely for the duration
of such cancerous condition; provided further, that prior to the provision
of any benefits covered by this item, said division shall require screening
for either breast or cervical cancer at the comprehensive breast and cervical
cancer early detection program operated by the department of public health,
in accordance with item 4570-1503 of section 2D; provided further, that
the division shall seek to obtain federal approval for the implementation
of a cost sharing system, including co-pays and sliding scale premiums
for women whose annual income is between 133 per cent and 250 per cent
of the federal poverty level; provided further, that funds shall only
be expended and such program implemented, subject to federal approval
and the availability of federal financial participation; and provided
further, that all federal reimbursements received for expenditures from
this item pursuant to the provisions of Title XIX of the federal Social
Security Act shall be credited to
the General Fund 2,784,551”.
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
157 members voted in the affirmative and 0 in the negative.
Therefore item 4000-0875
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.
Engrossed
Bill — Land Taking.
The engrossed Bill authorizing
the transfer of an easement under the control of the Department of Environmental
Management in the city of Lynn (see House, No. 2018, amended) (which originated
in the House), having been certified by the Clerk to be rightly and truly
prepared for final passage, was put upon its final passage.
On the question on passing
the bill to be enacted, the sense of the House was taken by yeas and nays
(this being a bill providing for the taking of land or other easements
used for conservation purposes, etc., as defined by Article XCVII of the
Amendments to the Constitution); and on the roll call 157 members voted
in the affirmative and 0 in the negative.
Therefore the bill was
passed to be enacted; and it was signed by the acting Speaker and sent
to the Senate.
Reports
of a Committee.
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) stand (as passed
by the General Court).
Under suspension of the
rules, in each instance, on motion of the same member, the items 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 4513-1112 (contained
in section 2), which had been vetoed by the Governor, was considered,
as follows:
“4513-1112 For a prostate
cancer screening, education and treatment program; provided, that screening,
education and treatment shall have a particular focus on the high rate
of prostate cancer among African American males; and provided further,
that state employees previously paid from this item shall be paid from
item 4510-0099 or item
4510-0100 in fiscal year 2004
1,000,000”.
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 153
members voted in the affirmative and 4 in the negative.
Therefore item 4513-1112
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 4590-0300 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“4590-0300 For smoking prevention
and cessation programs; provided, that state employees previously paid
from this line item shall be paid from item 4510-0099 or from line item
4510-0100 in
fiscal year 2004 2,535,000”.
[The Governor reduced the
item to $1,700,000.]
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 135
members voted in the affirmative and 22 in the negative.
Therefore item 4590-0300
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 7007-0950 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“7007-0950 For grants to
public and private nonprofit local and regional organizations to be awarded
by the Massachusetts office of travel and tourism for tourism promotion;
provided, that the organizations shall be required, as a condition of
receiving a grant, to submit a total operating budget which identify each
source and use of operating and capital funds; provided further, that
the grant shall not replace or supplant funding otherwise available to
said centers from local chambers of commerce, regional tourist councils,
and other public or private funding sources; provided further, that not
less than $500,000 shall be made available through a grant application
process established by the office of travel and tourism to offset deficits
that may occur during fiscal year 2004 for the highway information centers
operating year-round on state highways and federally-assisted highways,
and the visitor information centers on Boston Common and the Prudential
Center, both in the city of Boston; provided further, that notwithstanding
any general or special law to the contrary, a grant of not less than $250,000
shall be transferred from this item to the Massachusetts office of business
development for regional tourism and economic development in Southeastern
Massachusetts including the Southcoast Development Project; provided further,
that not less than $250,000 shall be granted to the Southcoast Development
Partnership for the purposes of regional tourism and economic development
in Southeastern Massachusetts; provided further, that not less than $250,000
be expended for the Massachusetts Sports and Entertainment Partnership;
provided further, that not less than $200,000 shall be expended for the
Merrimack Valley Economic Development Council; provided further, that
not less than $155,977 shall be expended for the International Trade Assistance
Center in Fall River; provided further, that not less than $100,000 shall
be expended for the Freedom Trail Foundation; provided further, that not
less than $100,000 shall be allocated for the I-495 Technology Corridor
Initiative; provided further, that not less than $95,000 be expended for
a grant to the Russian Community Association; provided further, that not
less than $94,531 shall be expended for City Stage; provided further,
that not less than $75,000 shall be expended for the Waltham Tourist Council;
provided further, that $75,000 shall be expended for the Cape Cod Economic
Development Council, Inc.; provided further, that not less than $75,000
shall be expended for the Old Provincial State House; provided further,
that not less than $75,000 be expended for a technology training program
operated by the Cape Cod Technology Council; provided further, that not
less than $50,000 shall be expended for the 25th anniversary of the Caribbean
Council; provided further, that not less than $45,000 shall be expended
to perform a cost assessment of an economic development project at South
Harbor in the city of Lynn; provided further, that not less than $40,000
shall be expended as a grant for the Pioneer Valley Visitors and Tourist
Information Center; provided further, that not less than $40,000 shall
be expended for an economic development project operated by the Arlington
Neighborhood Association in the city of Lawrence; provided further, that
not less than $37,813 shall be expended for the New Bedford Art Museum;
and provided further, that not less than $25,000 shall be expended for
the economic development project at the Salis-
bury Chamber of Commerce 2,533,321”.
[The Governor reduced the
item to $250,000 and disapproved the following wording: “; provided
further, that not less than $500,000 shall be made available through a
grant application process established by the office of travel and tourism
to offset deficits that may occur during fiscal year 2004 for the highway
information centers operating year-round on state highways and federally-assisted
highways, and the visitor information centers on Boston Common and the
Prudential Center, both in the city of Boston” and “; provided
further, that not less than $250,000 shall be granted to the Southcoast
Development Partnership for the purposes of regional tourism and economic
development in Southeastern Massachusetts; provided further, that not
less than $250,000 be expended for the Massachusetts Sports and Entertainment
Partnership; provided further, that not less than $200,000 shall be expended
for the Merrimack Valley Economic Development Council; provided further,
that not less than $155,977 shall be expended for the International Trade
Assistance Center in Fall River; provided further, that not less than
$100,000 shall be expended for the Freedom Trail Foundation; provided
further, that not less than $100,000 shall be allocated for the I-495
Technology Corridor Initiative; provided further, that not less than $95,000
be expended for a grant to the Russian Community Association; provided
further, that not less than $94,531 shall be expended for City Stage;
provided further, that not less than $75,000 shall be expended for the
Waltham Tourist Council; provided further, that $75,000 shall be expended
for the Cape Cod Economic Development Council, Inc.; provided further,
that not less than $75,000 shall be expended for the Old Provincial State
House; provided further, that not less than $75,000 be expended for a
technology training program operated by the Cape Cod Technology Council;
provided further, that not less than $50,000 shall be expended for the
25th anniversary of the Caribbean Council; provided further, that not
less than $45,000 shall be expended to perform a cost assessment of an
economic development project at South Harbor in the city of Lynn; provided
further, that not less than $40,000 shall be expended as a grant for the
Pioneer Valley Visitors and Tourist Information Center; provided further,
that not less than $40,000 shall be expended for an economic development
project operated by the Arlington Neighborhood Association in the city
of Lawrence; provided further, that not less than $37,813 shall be expended
for the New Bedford Art Museum; and provided further, that not less than
$25,000 shall be expended for the economic development project at the
Salisbury Chamber of Commerce”.]
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
(the Speaker having returned to the Chair) 147 members voted in the affirmative
and 10 in the negative.
Therefore item 7007-0950
(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.
Item 0321-1600 (contained
in section 2), which had been vetoed by the Governor, was considered,
as follows:
“0321-1600 For the Massachusetts
Legal Assistance Corporation to provide legal representation for indigent
or otherwise disadvantaged residents of the commonwealth; provided, that
notwithstanding provisions of section 9 of chapter 221A of the General
Laws that $1,190,129 shall be expended for the disability benefits project,
$544,286 shall be expended for the Medicare advocacy project, and $2,490,993
shall be expended for the battered women’s legal assistance project;
provided further, that said corporation shall submit a report to the house
and senate committees on ways and means not later than January 30, 2004
that shall include, but not be limited to the following: (a) the number
of persons said programs assisted in the prior fiscal year; (b) any proposed
expansion of legal services delineated by type of service, target population,
and cost; (c) the total number of indigent or otherwise disadvantaged
residents of the commonwealth who received services by said corporation,
by type of case and geographic location; and provided further, that said
corporation may contract with any organization for the
purpose of providing such representation 7,564,142”.
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 147
members voted in the affirmative and 10 in the negative.
Therefore item 0321-1600
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 7504-0101 (contained
in section 2), which had been vetoed by the Governor, was considered,
as follows:
“7504-0101 For the operation
of an environmental technology, education, and job training partnership
through the Cape Cod Community College; provided, that the college shall
coordinate said partnership with the Massachusetts Maritime Academy and
the University of Massachusetts at Dartmouth; provided further, that the
initiative shall be conducted at the Massachusetts military reservation,
or at any site on Cape Cod determined by the college to be suitable for
the purposes of on-site education and training in the use of alternative
technologies to clean up designated superfund sites; provided further,
that preference shall be given to local applicants; and provided further,
that the executive office of environmental affairs and the University
of Massachusetts at Dartmouth shall participate in the testing and evaluation
of innovative tech-
nologies 94,395”.
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
137 members voted in the affirmative and 20 in the negative.
Therefore item 7504-0101
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 Mrs. Canavan of Brockton, item 4513-1023 (contained
in section 2), which had been returned by His Excellency the Governor
with His objections thereto in writing, was considered, as follows:
“4513-1023 For the costs
associated with the implementation of the universal newborn hearing program;
provided, that state employee salaries shall not be paid from this item
in fiscal year 2004; provided further, that the funds appropriated in
this item shall be expended for the notification of and follow through
with affected families, primary care providers and early intervention
programs upon the department’s receipt of data indicative of potential
hearing disorders in new-
borns 83,060”.
The question on passing said item,
notwithstanding the objections of the Governor, was determined by yeas
and nays, as required by Chapter I, Section I, Article II of the Constitution;
and on the roll call 135 members voted in the affirmative and 22 in
the negative.
Therefore item 4513-1023
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 Mrs. Walrath of Stow, item 7007-0515 (contained in
section 2), which had been reduced by His Excellency the Governor, was
considered, as follows:
“7007-0515 For economic
development grants to be administered by the department of business and
technology; provided, that not less than $150,000 be expended on the Cape
Cod Regional Incubator Project to be operated by the Cape Cod Chamber
of Commerce; provided further, that not less that $200,000 shall be expended
on the operation of the Massachusetts Fisheries Recovery Commission; and
provided further, that not less than $200,000 shall be expended for a
grant to the South Shore Tri-Town Development Corporation established
in chapter 301
of the acts of 1998 550,000”.
[The Governor reduced the
item to $200,000 and reduced the following: “; provided, that not
less than $150,000 be expended on the Cape Cod Regional Incubator Project
to be operated by the Cape Cod Chamber of Commerce; provided further,
that not less that $200,000 shall be expended on the operation of the
Massachusetts Fisheries Recovery Commission; and provided further, that
not less than $200,000 shall be expended for a grant to the South Shore
Tri-Town Development Corporation established in chapter 301 of the acts
of 1998” to the following: “; provided further, that not less
than $100,000 shall be expended on the operation of the Massachusetts
Fisheries Recovery Commission; and provided further, that not less than
$100,000 shall be expended for a grant to the South Shore Tri-Town Development
Corporation established in chapter 301 of the acts of 1998”.]
The question on passing
said item, notwithstanding the reductions of the Governor, was determined
by yeas and nays, as required by Chapter I, Section I, Article II of the
Constitution; and on the roll call 138 members voted in the affirmative
and 19 in the negative.
Therefore item 7007-0515
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 Mrs. Harkins of Needham, item 7061-0012 (contained
in section 2), which had been reduced by His Excellency the Governor,
was considered, as follows:
“7061-0012 For the reimbursement
of extraordinary special education costs pursuant to section 5A of chapter
71B of the General Laws; provided, that reimbursements shall be pro-rated
such that expenses of this line item do not exceed the amount appropriated
herein; provided further, that not more than $8,750,000 shall be used
to continue and expand voluntary residential placement prevention programs
between the department of education and other departments within the executive
office of health and human services that develop community-based support
services for children and their families; provided further, that of this
$8,750,000, not less than $7,500,000 shall be made available to the department
of mental retardation for the voluntary residential placement prevention
program administered by that department; provided further, that the amount
spent for a particular student shall not exceed the amount of tuition
funds allocated for the student at the time of transition into such community-based
support services; provided further, that funding provided herein may reimburse
private schools for prior fiscal year’s tuition; provided further,
that not less than $400,000 shall be expended
for the costs of borrowing audiotaped textbooks by special needs students
whose disabilities include, but shall not be limited to: blindness, visual
impairments, learning disabilities such as dyslexia, or physical disabilities
such as cerebral palsy that limit the use of standard print, and for the
cost of an outreach program geared toward special education teachers,
students and parents regarding the services of such program; provided
further, that of that amount, funds may be expended for the purposes of
training teachers and students; and provided further, that not more than
$500,000 shall be expended to administrator the reimbursements funded
herein 121,600,262”.
[The Governor reduced the
item to $115,100,262 and disapproved the following wording: “; provided
further, that not less than $400,000 shall be expended for the costs of
borrowing audiotaped textbooks by special needs students whose disabilities
include, but shall not be limited to: blindness, visual impairments, learning
disabilities such as dyslexia, or physical disabilities such as cerebral
palsy that limit the use of standard print, and for the cost of an outreach
program geared toward special education teachers, students and parents
regarding the services of such program; provided further, that of that
amount, funds may be expended for the purposes of training teachers and
students”.]
The question on passing
said item, notwithstanding the reductions of the Governor, was determined
by yeas and nays, as required by Chapter I, Section I, Article II of the
Constitution; and on the roll call 156 members voted in the affirmative
and 0 in the negative.
Therefore item 7061-0012
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. Timilty of Milton, item 7061-0011 (contained in
section 2), which had been returned by His Excellency the Governor with
His objections thereto in writing, was considered, as follows:
“7061-0011 For a reserve
to (1) meet unanticipated or extraordinary increases in the minimum required
local contribution of a municipality as calculated pursuant to the requirements
of section three of this act; provided, that a municipality seeking funds
hereunder shall apply for a waiver from the department of revenue pursuant
to the provisions of section 3 of this act; provided further, that the
commissioner shall issue a finding concerning such waiver applications
within 30 days of the receipt thereof, after consulting with the commissioner
of education regarding the merits of such application; (2) meet expenses
associated with extraordinary increases in enrollment calculated on a
percentage basis for such municipalities; (3) to address the effects of
reductions in required net school spending in districts; provided further,
that preference in the awarding of such funds shall be given to districts
which receive twenty percent reductions in fiscal year 2004 Chapter 70
school aid, as defined in section 3, compared to fiscal year 2003 chapter
70 aid, and which, as a result of said reduction, will see a reduction
in fiscal year 2004 net school spending; provided further, that the department
shall also give preference to districts in which state aid per pupil is
low compared to similar municipalities or districts; (4) to assist regional
school districts in offsetting unanticipated funding losses resulting
from a member municipality’s extraordinary increase or decrease
in its minimum required local contribution; provided further, that priority
shall be granted to member municipalities of regional, and vocation regional
school districts; provided further, that notwithstanding the provisions
of any general or special law to the contrary, assistance funded by this
item shall only be available on a one time non-recurring basis; and provided
further, that no funds distributed from this item to a municipality shall
be considered base aid nor used in the calculation of the minimum required
local contribution
for fiscal year 2005 7,000,000”.
The question on passing
said item, notwithstanding the objections of the Governor, was determined
by yeas and nays, as required by Chapter I, Section I, Article II of the
Constitution; and on the roll call 141 members voted in the affirmative
and 16 in the negative.
Therefore item 7061-0011
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, in each instance, on motion of Mr. Rogers of Norwood, the items
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 7061-0008 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“7061-0008 For school aid
to cities, towns, regional school districts, counties maintaining agricultural
schools, independent vocational schools and independent agricultural and
technical schools to be distributed pursuant to chapters 70 and 76 of
the General Laws and section 3; provided further, that $175,000 of the
funds allocated from this item to the city of Lawrence by section 3 shall
be transferred to the University of Massachusetts at Lowell for its college
preparation program; provided further, that each school district shall
report annually to the department of education on its professional development
expenditures, in a manner and form prescribed by the commissioner and
consistent with the accountability requirements of the federal No Child
Left Behind Act, so-called; and provided further, that the department
of education shall report annually to the house and senate committees
on ways and means on school districts’
professional development spending
3,108,140,588”.
[The Governor reduced the item
to $3,107,689,540 and, in section 3, reduced corresponding Chapter
70 amounts as follows:
Municipality Amount Reduced to
Ashfield 96,581 64,284
Becket 73,044 55,101
Buckland 6,377 —
Charlemont 70,546 45,917
Chesterfield 114,818 64,284
Dalton 229,451 82,651
Hawley 20,505 18,367
Hinsdale 77,323 64,284
Holden 111,568 9,183
Millville 38,008 36,789
Peru 31,894 18,367
Plainfield 42,943 18,367
Raynham 300 —
Rutland 8,895 —
Sandisfield 6,389 — ”.]
The question on passing
said item and corresponding amounts contained in section 3, 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 7061-0008
(contained in section 2) and corresponding amounts in sections 3 were
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.
Item 2800-0101 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“2800-0101 For the watershed
management program to operate and maintain reservoirs, watershed lands
and related infrastructure of the department; provided, that expenses
incurred in other division of urban parks and recreation programs and
the administration of the department of conservation and recreation to
assist in the recovery of watershed administrative costs from the Massachusetts
Water Resources Authority in the same manner as occurred between the metropolitan
district commission and the Massachusetts Water Resources Authority in
fiscal year 2003 may be charged to this item; provided, that no water
shall be diverted from the Connecticut river by the said department or
the Massachusetts Water Resources Authority; provided further, that $500,000
shall be paid to the town of Clinton, under section 8 of chapter 307 of
the acts of 1987, to compensate for the use of certain land; provided
further, that the amount of the payment shall be charged to the General
Fund and not be included in the amount of the annual determination of
fiscal year charges to the Massachusetts Water Resources Authority assessed
to the authority under section 113 of chapter 92 of the General Laws;
provided further, that not less than 13 employees shall be assigned to
patrol watershed areas; and provided further, that said department shall
submit quarterly reports to the house and senate committees on ways and
means not more than 10 days after the end of the quarter detailing expenditures
in the most recent quarter including the amount and a description of what
was charged 9,289,702”.
[The Governor disapproved
the following wording: “; provided further, that not less than 13
employees shall be assigned to patrol watershed areas; and provided further,
that said department shall submit quarterly reports to the house and senate
committees on ways and means not more than 10 days after the end of the
quarter detailing expenditures in the most recent quarter including the
amount and a description of what was charged”.]
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 135
members voted in the affirmative and 22 in the negative.
Therefore item 2800-0101
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 2330-0100 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“2330-0100 For the operation
of the division of marine fisheries, including expenses of the Annisquam
river marine research laboratory, marine research programs, a commercial
fisheries program, a shellfish management program including coastal area
classification, mapping and technical assistance, and for the operation
of the Newburyport shellfish purification plant and shellfish classification
program; provided, that $300,000 shall be expended on a recreational fisheries
program to be reimbursed by federal funds; provided further, that the
Newburyport shellfish purification plant shall generate not less than
$115,000 from purification fees; and provided further, that the department
shall increase any existing shellfish rack and digger license fees that
have not been modified more recently than fiscal year 1989, and provided
further, that the increase shall take effect during fiscal year 2004;
provided further, that not less than $45,000 shall be expended for shellfish
propagation on the islands of Martha’s Vineyard and Nantucket to
be administered by the state aquaculture coordinator and Dukes and Nantucket
counties; provided further, that not less than $90,000 shall be expended
for the joint operation of a shellfish propagation program on Cape Cod
between the division and Barnstable County Department of Health and Environment;
and provided further, that the sum expended for the School for Marine
Science and Technology to help mitigate the negative economic impact to
the Massachusetts ports which has resulted from the change in federal
fisheries regulations in fiscal year 2004 shall not be reduced from fiscal
year 2003 except in proportion to adjustments consistent
with the department’s budget
adjustment 3,446,500”.
[The Governor reduced the
item to $3,163,900 and disapproved the following wording: “; provided
further, that the Newburyport shellfish purification plant shall generate
not less than $115,000 from purification fees; and provided further, that
the department shall increase any existing shellfish rack and digger license
fees that have not been modified more recently than fiscal year 1989,
and provided further, that the increase shall take effect during fiscal
year 2004; provided further, that not less than $45,000 shall be expended
for shellfish propagation on the islands of Martha’s Vineyard and
Nantucket to be administered by the state aquaculture coordinator and
Dukes and Nantucket counties; provided further, that not less than $90,000
shall be expended for the joint operation of a shellfish propagation program
on Cape Cod between the division and Barnstable County Department of Health
and Environment; and provided further, that the sum expended for the School
for Marine Science and Technology to help mitigate the negative economic
impact to the Massachusetts ports which has resulted from the change in
federal fisheries regulations in fiscal year 2004 shall not be reduced
from fiscal year 2003 except in proportion to adjustments consistent with
the department’s budget adjustment”.]
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
138 members voted in the affirmative and 19 in the negative.
Therefore item 2330-0100
(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.
Item 5920-2025 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“5920-2025 For community-based
day and work programs for adults and for $2,720,000 in annualized funding
for turning 22 clients who began receiving services
in fiscal year 2003 pursuant to item 5920-5000 of section 2 of chapter
184 of the acts of 2002; provided further, that not less than $302,000
shall be expended for the life focus center in the Charlestown section
of the city of Boston, including an alternative work
program
106,451,278”.
[The Governor reduced the
item to $105,929,308 and disapproved the following wording: “; provided
further, that not less than $302,000 shall be expended for the life focus
center in the Charlestown section of the city of Boston, including an
alternative work program”.]
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
135 members voted in the affirmative and 22 in the negative.
Therefore item 5920-2025
(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.
Item 4120-4000 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“4120-4000 For independent
living assistance service; provided, that not more than $858,000 shall
be expended for assistive technology devices and training for individuals
with severe disabilities; provided further, that $200,000 shall be obligated
for the SHARE Foundation at the University of Massachusetts; and provided
further, that no less than $20,000 will be used to assist the Living Independently
for Equality, Inc. of
Brockton 7,471,512”.
[The Governor reduced the
item to $7,251,512 and disapproved the following wording: “; provided
further, that $200,000 shall be obligated for the SHARE Foundation at
the University of Massachusetts; and provided further that no less than
$20,000 will be used to assist the Living Independently for Equality,
Inc. of Brockton”.]
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 21 in the negative.
Therefore item 4120-4000
(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.
Item 2300-0101 (contained
in section 2), which had been vetoed by the Governor, was considered,
as follows:
“2300-0101 For a program
of riverways protection, restoration and promotion of public access to
rivers, including grants to public and non-public entities; provided,
that the positions funded in this item shall not be subject to chapter
31 of the
General Laws 290,293”.
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
157 members voted in the affirmative and 0 in the negative.
Therefore item 2300-0101
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 2200-0100 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“2200-0100 For the operation
of the department of environmental protection, including the environmental
strike force, the office of environmental results and strategic planning,
the bureau of resource protection, the Senator William X. Wall experimental
station, and a contract with the University of Massachusetts for environmental
research, notwithstanding the provisions of section 323F of chapter 94
of the General Laws; provided, that the provisions of section 3B of chapter
7 of the General Laws shall not apply to fees established pursuant to
section 18 of chapter 21A of the General Laws; provided, that not less
than $75,000 shall be expended for drinking water protection in the town
of Paxton; and provided further, that enactment of the appropriations
made available by this act to the department shall be deemed a determination,
pursuant to subsection (m) of section 19 of
chapter 21A of the General Laws
28,140,275”.
[The Governor reduced the
item to $27,465,275 and disapproved the following wording: “; provided,
that not less than $75,000 shall be expended for drinking water protection
in the town of Paxton”.]
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
135 members voted in the affirmative and 22 in the negative.
Therefore item 2200-0100
(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.
Under suspension of the
rules, on motion of Ms. Spiliotis of Peabody, item 9110-1660 (contained
in section 2), which had been reduced by His Excellency the Governor,
was considered, as follows:
“9110-1660 For congregate
and shared housing services for the elderly; provided, that not less than
$50,000 shall be expended for congregate housing services at the Tuttle
House facility in Dorchester; provided further, that not less than $100,000
shall be allocated to the Committee to End Elder Homelessness, Inc; and
provided further, that not less than $40,100 shall be allocated to
North Shore Elder Services 1,309,680”.
[The Governor reduced the
item to $215,100.]
The question on passing said
item, notwithstanding the reductions of the Governor, was determined
by yeas and nays, as required by Chapter I, Section I, Article II of
the Constitution; and on the roll call 144 members voted in the affirmative
and 13 in the negative.
Therefore item 9110-1660
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.
Recess.
At twenty minutes after
six o’clock P.M., on motion of Mr. deMacedo of Plymouth) (the Speaker
being in the Chair), the House recessed until the hour of eleven o’clock
A.M. on Thursday, July 17; and at thirteen minutes after eleven o’clock
A.M. the House was called to order with Mr. DiMasi of Boston in the Chair.
 |
Thursday, July 17, 2003
(at 11:13 o’clock A.M.).
Prayer was offered by the
Reverend Robert F. Quinn, C.S.P., Chaplain of the House, as follows:
Gracious God in whom we
place our trust and who gives us life, at the beginning of this day’s
legislative session, we pause for a moment of prayer to reflect on our
own human and spiritual values and to focus our attention on our own personal
priorities and goals. We pray for guidance and direction as we evaluate
and address the items on today’s calendar as well as the other legislative
business of the day. When, in our complex and pluralistic society, we
disagree on issues and policies, teach us to do so on the content, merits,
interests and relevance of the proposals. May our commitment to excellence
in all areas of government and administration and service assist us in
building confidence in our basic institutions and hope in the future of
this Commonwealth and our communities
Grant Your blessings to the Speaker,
the members and employees of this House and their families. Amen.
At the request of the Chair
(Mr. DiMasi), the members, guests and employees joined with him in reciting
the pledge of allegiance to the flag.
Message
from the Governor.
A message from His Excellency
the Governor (under the provisions of Section 8 of Article LXXXIX of the
Amendments to the Constitution) recommending legislation relative to authorizing
the town of Pembroke to exchange a certain parcel of town forest land
for land held for school purposes (House, No. 3965) was filed in the office
of the Clerk during today’s session.
The message was read; and
it was referred, on motion of Mr. Webster of Hanson, with the accompanying
draft of a bill, to the committee on Rules.
Mr. Scaccia of Boston,
for said committee, reported on the foregoing message, a Bill authorizing
the town of Pembroke to exchange a certain parcel of town forest land
for land held for school purposes (printed in House, No. 3965). Read;
and referred, under Rule 7A, to the committee on Steering, Policy and
Scheduling.
Mr. Kujawski of Webster,
for said committee, reported that the matter be scheduled for consideration
by the House.
Under suspension of the
rules, on motion of Mr. Peterson of Grafton, the bill was read a second
time forthwith; and it was ordered to a third reading.
Subsequently, under suspension
of the rules, on motion of Mr. Jones of North Reading, the bill (having
been 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. Sent
to the Senate for concurrence.
Resolutions.
The following resolutions
(filed with the Clerk) were referred, under Rule 85, to the committee
on Rules:
Resolutions (filed by Mr.
Jones of North Reading) congratulating Eugene Nigro on receiving the Cultural
Recognition Award from the Reading Cultural Council;
Resolutions (filed by Mr.
Ciampa of Somerville) congratulating Cristopher Patrick Hansen on receiving
the Eagle Award of the Boy Scouts of America;
Resolutions (filed by Mr.
LeDuc of Marlborough) congratulating Mr. and Mrs. Clifford Gaucher on
the occasion of their sixty-fifth wedding anniversary; and
Resolutions (filed by Mr.
Walsh of Lynn) on the occasion of the one hundred and fiftieth anniversary
of the incorporation of the town of Nahant;
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 Mr. Rogers of Norwood, the resolutions (reported by the committee
on Bills in the Third Reading to be correctly drawn) were considered forthwith;
and they were adopted.
Papers
from the Senate.
A report of the committee
on Health Care, recommending that the communication from the Board of
Trustees of the Health Care Security Trust (under the provisions of Section
4(h) of Chapter 29D of the General Laws) submitting an Operating Trust
Agreement (Senate, No. 1951) be placed on file,— accepted by the
Senate, was considered forthwith, under Rule 42; and it was accepted,
in concurrence.
Petitions were referred,
in concurrence, as follows:
Petition (accompanied by
bill, Senate, No. 2040) of Stanley C. Rosenberg and Ellen Story (by vote
of the town) for legislation relative to voting precincts in the town
of Amherst. To the committee on Election Laws.
Petition (accompanied by
bill, Senate, No. 2042) of Charles E. Shannon and Paul C. Casey (by vote
of the town) for legislation relative to the disposition of certain state-owned
land in the town of Winchester. To the committee on State Administration.
Petition (accompanied by
bill, Senate, No. 2041) of Charles E. Shannon and Paul C. Casey (by vote
of the town) for legislation to authorize the town of Winchester to lien
certain outstanding charges owed the town. To the committee on Taxation.
A petition of Steven C.
Panagiotakos, Thomas A. Golden, Jr., David M. Nangle and Kevin J. Murphy
for legislation to establish a sick leave bank for Christopher Boumil,
an employee of the Department of Correction, came from the Senate referred,
under suspension of Joint Rule 12, to the committee on Public Service.
The House then concurred
with the Senate in the suspension of said rule; and the petition (accompanied
by bill, Senate, No. 2051) was referred, in concurrence, to the committee
on Public Service.
Reports
of Committees.
By Mr. Scaccia of Boston,
for the committee on Rules, that the House Order relative to the establishment
of a permanent Joint Rule 1 for the 2003-2004 General Court (House, No.
3830) ought to be adopted with an amendment in lines 27 to 30, inclusive,
by striking out the sentence contained therein.
Under suspension of the
rules, on motion of the same member, the order was considered forthwith.
The amendment recommended
by the committee on Rules was adopted.
The order (House, No. 3830,
amended) then also was adopted. Sent to the Senate for concurrence.
By Mr. Scaccia of Boston,
for the committee on Rules, that Joint Rule 7B be suspended on the petition
of Joseph C. Sullivan, Michael W. Morrissey and Brian A. Joyce that the
town of Braintree be authorized to lease the Watson Park Library in said
town. Under suspension of the rules, on motion of Mr. Driscoll of Braintree,
the report was considered forthwith. Joint Rule 7B was suspended; and
the petition (accompanied by bill) was referred to the committee on Local
Affairs and Regional Government. Sent to the Senate for concurrence.
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
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. Under suspension of the rules, on motion of Mr.
O’Brien of Kingston, the report was considered forthwith. Joint
Rule 12 was suspended; and the petition (accompanied by bill) was referred
to the committee on State Administration. Sent to the Senate for concurrence.
Order.
An order (filed this day
by Mrs. Owens-Hicks of Boston) was considered forthwith, under suspension
of the rules, on motion of the same member; and it was adopted, as follows:
Ordered,
That all matters pending before the former committee on Local Affairs
and the former committee on Counties shall be considered to be under the
jurisdiction of the committee on Local Affairs and Regional Government.
Sent to the Senate for
concurrence.
Engrossed Bills.
The engrossed Bill relative
to quality health care (see House, No. 3952, amended) (which originated
in the House) (which had been returned by His Excellency the Governor
with recommendation of amendment), in respect to which the Senate had
concurred in adoption of the emergency preamble, was passed to be re-enacted,
and it was signed by the acting Speaker and sent to the Senate.
The engrossed Bill relative
to designating a certain square and two highways in the town of Webster
(see Senate, No. 1889, amended) (which originated in the Senate), having
been certified by the Clerk to be rightly and truly prepared for final
passage, was passed to be enacted; and it was signed by the acting Speaker
and sent to the Senate.
Motions
to Discharge Certain Matters in the
Orders of
the Day.
Mr. Scaccia of Boston moved
that the report of the committee of conference on the disagreeing votes
of the two branches with reference to the Senate amendment of the House
Order relative to the adoption of permanent Joint Rules 10, 11B, 12, 12A
and 26A for the 2003-2004 General Court (House, No. 2005) (for report,
see text contained in House document numbered 2015, adopting permanent
Joint Rules 10, 11B, 12, 26A and a portion of Joint Rule 23 for the 2003-2004
General Court) be discharged from its position in the Orders of the Day
and considered forthwith, under suspension of Rule 47; and the motion
prevailed.
The report of the committee
of conference then was accepted. Sent to the Senate for concurrence.
Mr. Coughlin of Dedham
moved that the House Bill providing for the elimination of the residency
requirement for the town administrator of the town of Dedham (House, No.
2012) be discharged from its position in the Orders of the Day and considered
forthwith, under suspension of Rule 47; and the motion prevailed.
The bill (having been reported
by the committee on Bills in the Third Reading to be correctly drawn)
then was read a third time; and it was passed to be engrossed. Sent to
the Senate for concurrence.
Miss Garry of Dracut moved
that the House Bill placing the fire department of the town of Dracut
under the civil service law (House, No. 3903) be discharged from its position
in the Orders of the Day and considered forthwith, under suspension of
Rule 47; and the motion prevailed.
Under suspension of the
rules, on further motion of the same member, the bill (having been reported
by the committee on Bills in the Third Reading to be correctly drawn)
then was read a third time; and it was passed to be engrossed. Sent to
the Senate for concurrence.
Mr. Toomey of Cambridge
moved that the House Bill establishing a sick leave bank for Duarte O.
Raposo, an employee of the Trial Court of the Commonwealth (House, No.
3958) be discharged from its position in the Orders of the Day and considered
forthwith, under suspension of Rule 47; and the motion prevailed.
Under suspension of the
rules, on further motion of the same member, the bill (having been 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. Sent to the
Senate for concurrence.
Mr. Rogers of Norwood moved
that the message from His Excellency the Governor returning with his objections
thereto in writing the engrossed Bill relative to compensation of certain
members of the General Court (see House, No. 3743, amended) [for message,
see House, No. 3930] be discharged from its position in the Orders of
the Day and considered forthwith, under suspension of Rule 47; and the
motion prevailed.
Mr. Finneran of Boston
then moved that further consideration of the message be postponed until
Tuesday, January 4, 2005; and after remarks the motion to postpone prevailed.
Mr. Rogers of Norwood moved
that so much of the message from His Excellency the Governor returning
with recommendations of amendments 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) as relates to section
453 [for message, see attachment H of House, No. 4006] be discharged from
its position in the Orders of the Day and considered forthwith, under
suspension of Rule 47; and the motion prevailed.
The committee on Bills
in the Third Reading reported, in part, recommending that so much of the
message as relates to section 453 be considered in the following form:
By passage of An Act relative
to territorial jurisdiction of district courts (House, No. 3962).
The report was accepted.
The amendment was adopted;
and the bill was passed. Sent to the Senate for concurrence.
Mr. Rogers of Norwood moved
that so much of the message from His Excellency the Governor returning
with recommendations of amendments 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) as relates to section 117
[for message, see attachment E of House, No. 4006] be discharged from
its position in the Orders of the Day and considered forthwith, under
suspension of Rule 47; and the motion prevailed.
The committee on Bills
in the Third Reading reported, in part, recommending that so much of the
message as relates to section 117 be considered in the following form:
By passage of An Act establishing
the office of administrative appeals in the Executive Office of Environmental
Affairs (House, No. 3963).
The report was accepted.
The amendment was adopted;
and the bill was passed. Sent to the Senate for concurrence.
Mr. Rogers of Norwood moved
that so much of the message from His Excellency the Governor returning
with recommendations of amendments 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) as relates to section 698
[for message, see attachment J of House, No. 4006] be discharged from
its position in the Orders of the Day and considered forthwith, under
suspension of Rule 47; and the motion prevailed.
The committee on Bills
in the Third Reading reported, in part, recommending that so much of the
message as relates to section 698 be considered in the following form:
By passage of An Act relative
to the functions of certain state agencies (House, No. 3964).
The report was accepted.
The amendment was adopted;
and the bill was passed. Sent to the Senate for concurrence.
Emergency Measures.
The engrossed Bill relative
to territorial jurisdiction of district courts (see House, No. 3962),
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 46 to 0. Sent to the Senate for concurrence.
Subsequently, the Senate
having concurred in adoption of the emergency preamble, the bill (which
originated in the House) (which had been returned by His Excellency the
Governor with recommendation of amendment) was passed to be re-enacted;
and it was signed by the acting Speaker and sent to the Senate.
The engrossed Bill establishing
the office of administrative appeals in the Executive Office of Environmental
Affairs (see House, No. 3963), 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 47 to 1. Sent to the Senate for concurrence.
Subsequently, the Senate
having concurred in adoption of the emergency preamble, the bill (which
originated in the House) (which had been returned by His Excellency the
Governor with recommendation of amendment) was passed to be re-enacted;
and it was signed by the acting Speaker and sent to the Senate.
The engrossed Bill relative
to the functions of certain state agencies (see House, No. 3964), 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 50 to 0. Sent to the Senate for concurrence.
Subsequently, the Senate
having concurred in adoption of the emergency preamble, the bill (which
originated in the House) (which had been returned by His Excellency the
Governor with recommendation of amendment) was passed to be re-enacted;
and it was signed by the acting Speaker and sent to the Senate.
Engrossed Bill —
Land Taking.
The engrossed Bill authorizing
the the city of Lawrence to use certain park land for school purposes
(see Senate, No. 2022, amended) (which originated in the Senate), having
been certified by the Clerk to be rightly and truly prepared for final
passage, was put upon its final passage.
On the question on passing
the bill to be enacted, the sense of the House was taken by yeas and nays
(this being a bill providing for the taking of land or other easements
used for conservation purposes, etc., as defined by Article XCVII of the
Amendments to the Constitution); and on the roll call 143 members voted
in the affirmative and 7 in the negative.
Therefore the bill was
passed to be enacted; and it was signed by the acting Speaker and sent
to the Senate.
Reports of a Committee.
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 section 439
stand (as passed by the General Court).
Under suspension of the
rules, in each instance, on motion of the same member, the items and section
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 4000-0600 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“4000-0600 For health care
services provided to medical assistance recipients under the division’s
senior care plan; provided, that funds may be expended from this item
for health care services provided to these recipients in prior fiscal
years; provided further, that no payment for special provider costs shall
be made from this item without the prior written approval of the secretary
of administration and finance; provided further, that not less than $9,240,000
shall be expended for the purposes of a demonstration project known as
the ‘community choices’ initiative, so-called; provided further,
that under the demonstration, eligible MassHealth enrollees in the section
2176 elder care waiver, so-called, shall be covered for any needed community
services, including case management, from among those services available
under the waiver or under the Commonwealth’s Title XIX state plan,
for the purpose of delaying or preventing an imminent nursing home admission;
provided further, that elders enrolled in the waiver at risk of imminent
nursing home admission shall be provided information about the availability
of such services; provided further, that for elders who, pursuant to the
aforementioned interagency agreement, have been determined to be at such
imminent risk, have chosen to remain in the community, and for whom community
care is medically appropriate, the division shall establish a funding
level that, on a monthly average basis, is equal to fifty percent of the
median monthly per capita expenditure made by the division for nursing
facility services provided to elders; provided further, that such funding
level may include the costs of needed waiver services or other needed
community services available to the elders under the state plan, provided
further, that the interagency agreement shall be amended to implement
the demonstration project and shall describe how the funding level will
be made available to meet the costs of needed waiver services or other
needed community services available to the elders under the state plan;
provided further, that the division shall enter into an agreement with
each aging service access point participating in the demonstration, which
shall describe a system to be followed by each aging service access point,
in accordance with state law and requirements under Title XIX of the Social
Security Act, for coordination of both waiver and non-waiver community
services needed by such eligible elders; provided further, that each aging
services access point receiving funds under the demonstration project
shall submit monthly reports to the division of medical assistance and
to the executive office of elder affairs on the care provided and the
service expenditures made under the 2176 elder care waiver and such other
information as specified by the division and the executive office; provided
further, that executive office of health and human services shall prepare
a report on all relevant costs and savings associated with the demonstration
project; and provided further, that the report shall be submitted to the
house and senate committees on ways and means by April 1, 2004; provided
further, that the division shall expend funds for the purpose of funding
base hourly wage increases and related payroll taxes for certified nurses’
aides at nursing facilities, in accordance with 114.2 CMR 6.00 et seq.;
provided further, that effective January 1, 2002, such wage increases
shall be over and above any previously collectively bargained for wage
increases; provided further, that the division shall report to the house
and senate committees on ways and means on the increases given at each
facility by February, 1, 2004; provided further, that the division shall
in correlation with the senior care options program explore options for
enrolling the senior care population into managed care programs through
federal waivers or other necessary means; provided further, that not less
than $75,000 shall be made available to reimburse providers of dementia-specific
adult day care at the rate paid on January 1, 2003; provided further,
that within the amount to be expended in fiscal year 2004 on title XIX
home health services, the division shall establish and implement a demonstration
project to allow for the use of technology in the provision of home health
services; provided further, that said demonstration project shall establish
a tiered rate system of reimbursement under the Medicaid program; provided
further, that technology shall include the following: information services
and devices that make documentation, charting, and staff time more efficient
or that encourages and allows for care through alternative settings including
but not limited to touch screens, monitors, hand-helds, wipe cards, motion
detectors, pagers, telemedicine, medication dispensers, and equipment
to monitor vital signs and self-injections, and to observe skin and other
conditions; provided further, that said division shall not expend funds
related to the demonstration project for services that are not eligible
for federal reimbursement under Title XIX of the federal Social Security
Act of any related 1115 waiver; and provided further, that the division
shall report to the house and senate committees on ways and means not
later than December 1, 2003 any cost savings achieved by said project,
outcomes measures and patient satisfaction
information 1,522,530,000”.
[The Governor reduced the
item to $1,522,455,000 and disapproved the following wording: “;
provided further, that not less than $75,000 shall be made available to
reimburse providers of dementia-specific adult day care at the rate paid
on January 1, 2003.]
After remarks 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
(Mrs. Harkins of Needham having taken the Chair) 132 members voted in
the affirmative and 21 in the negative.
Therefore item 4000-0600
(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.
Item 7061-0029 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“7061-0029 For the office
of educational quality and accountability established pursuant to section
55A of chapter 15 of the General Laws; provided, that not less than $200,000
shall be expended for the Donahue Institute at the University of Massachusetts
for analysis of special education approaches that increase knowledge of
the operational dynamics and educational needs of
urban schools and their students
2,601,971”.
[The Governor reduced the
item to $2,401,971 and disapproved the following wording: “; provided,
that not less than $200,000 shall be expended for the Donahue Institute
at the University of Massachusetts for analysis of special education approaches
that increase knowledge of the operational dynamics and educational needs
of urban schools and their students”.]
After remarks 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 123 members voted in the affirmative and 29 in the negative.
[Mr. Kulik of Worthington
answered “Present” in response to his name.]
Therefore item 7061-0029
(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.
Engrossed
Bill — Land Taking.
The engrossed Bill relative
to the use of park land in the town of Swampscott for school purposes
(see House bill printed as Senate, No. 2015) (which originated in the
House), having been certified by the Clerk to be rightly and truly prepared
for final passage, was put upon its final passage.
On the question on passing the
bill to be enacted, the sense of the House was taken by yeas and nays
(this being a bill providing for the taking of land or other easements
used for conservation purposes, etc., as defined by Article XCVII of
the Amendments to the Constitution); and on the roll call 145 members
voted in the affirmative and 7 in the negative.
Therefore the bill was
passed to be enacted; and it was signed by the acting Speaker and sent
to the Senate.
Reports of a Committee.
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, in each instance, on motion of the same member, 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 7003-0702 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“7003-0702 For grants to
be administered by the Department of Workforce Development; provided that
not less than $900,000 shall be expended on the Massachusetts Service
Alliance; provided further, that not less than $850,000 be expended for
the Massachusetts Manufacturing Extension Partnership; provided further,
that not less than $400,000 shall be expended on the Commonwealth Corporation;
provided further, that not less than $200,000 shall be expended to the
Western Massachusetts Enterprise Fund and the Southeastern Economic Development
Corporation’s microenterprise programs as a supplemental match to
conduct an entrepreneurial training and technical assistance program for
support of emerging high-growth microenterprises that are owned or employ
income-eligible residents; provided further, that not less than $195,000
shall be expended for 3 full-time equivalent rapid response labor specialists
at the Massachusetts AFL-CIO; provided further, that not less than $150,000
shall be expended for the center for women and enterprise; provided further,
that not less than $139,500 shall be expended for the Just-A-Start Corporation
to provide training for entry level employment in the biotech and medical
fields for 30 unemployed or displaced workers, or persons receiving benefits
from the transitional aid to families with dependent children program;
provided further, that not less than $135,000 shall be expended for incumbent
worker coordinators at the Massachusetts AFL-CIO; provided further, that
not less than $127,000 shall be expended for the employee involvement
and ownership program; provided further, that not less than $105,000 shall
be made available to the E-Team Machinist Program in the city of Lynn;
provided further, that not less than $100,000 be expended for the Aberjona
River plan; provided further, that not less than $100,000 be expended
on the Acre Urban Revitalization project in the city of Lowell; provided
further, that not less than $100,000 shall be expended for minority training
in Hampden County; provided further, that not less than $100,000 shall
be expended on the Jackson-Appleton-Middlesex plan, so called, in the
city of Lowell; provided further, that not less than $90,000 shall be
expended for Centro Latino de Chelsea to provide workforce training, educational
services and other transitional services in the city of Chelsea; provided
further, that not less than $75,000 shall be expended for the Martin Luther
King, Jr. Business Empowerment Center in Worcester; provided further,
that not less than $75,000 shall be provided to the Workforce Investment
Association of MA, Inc. for the purpose of assisting administrators, career
center directors, and fiscal agents; provided further, that not less than
$75,000 shall be expended to support the Technology Initiative operated
by the Metro South/West Regional Employment Board for the development
of Technology Centers of Excellence serving the region’s youth and
businesses, and said grant shall require a 200 percent match from the
private sector; provided further, that not less than $50,000 shall be
expended for the Allston-Brighton vocational adjustment center for the
continued operation of a job training and placement center; and provided
further, that not less than $7,500 shall be provided for the
Bonnie Brae Camp in the city of
Gardner 3,974,000
Workforce Training
Fund 100.00%”.
[The Governor reduced the
item to $1,750,000 and disapproved the following wording: “; provided
further, that not less than $400,000 shall be expended on the Commonwealth
Corporation; provided further, that not less than $200,000 shall be expended
to the Western Massachusetts Enterprise Fund and the Southeastern Economic
Development Corporation’s microenterprise programs as a supplemental
match to conduct an entrepreneurial training and technical assistance
program for support of emerging high-growth microenterprises that are
owned or employ income-eligible residents; provided further, that not
less than $195,000 shall be expended for 3 full-time equivalent rapid
response labor specialists at the Massachusetts AFL-CIO; provided further,
that not less than $150,000 shall be expended for the center for women
and enterprise; provided further, that not less than $139,500 shall be
expended for the Just-A-Start Corporation to provide training for entry
level employment in the biotech and medical fields for 30 unemployed or
displaced workers, or persons receiving benefits from the transitional
aid to families with dependent children program; provided further, that
not less than $135,000 shall be expended for incumbent worker coordinators
at the Massachusetts AFL-CIO; provided further, that not less than $127,000
shall be expended for the employee involvement and ownership program;
provided further, that not less than $105,000 shall be made available
to the E-Team Machinist Program in the city of Lynn; provided further,
that not less than $100,000 be expended for the Aberjona River plan; provided
further, that not less than $100,000 be expended on the Acre Urban Revitalization
project in the city of Lowell; provided further, that not less than $100,000
shall be expended for minority training in Hampden County; provided further,
that not less than $100,000 shall be expended on the Jackson-Appleton-Middlesex
plan, so called, in the city of Lowell; provided further, that not less
than $90,000 shall be expended for Centro Latino de Chelsea to provide
workforce training, educational services and other transitional services
in the city of Chelsea; provided further, that not less than $75,000 shall
be expended for the Martin Luther King, Jr. Business Empowerment Center
in Worcester; provided further, that not less than $75,000 shall be provided
to the Workforce Investment Association of MA, Inc. for the purpose of
assisting administrators, career center directors, and fiscal agents;
provided further, that not less than $75,000 shall be expended to support
the Technology Initiative operated by the Metro South/West Regional Employment
Board for the development of Technology Centers of Excellence serving
the region’s youth and businesses, and said grant shall require
a 200 percent match from the private sector; provided further, that not
less than $50,000 shall be expended for the Allston-Brighton vocational
adjustment center for the continued operation of a job training and placement
center; and provided further, that not less than $7,500 shall be provided
for the Bonnie Brae Camp in the city of Gardner”.]
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 133
members voted in the affirmative and 20 in the negative.
Therefore item 7003-0702
(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.
Item 4110-2000 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“4110-2000 For the turning
22 program of the commission; provided, that nothing stated herein shall
give rise to or shall be construed as giving rise to enforceable legal
rights in any party or an enforceable entitlement to the services funded
herein; provided further, that the commission shall work in conjunction
with the department of mental retardation to secure the maximum amount
of federal reimbursements available for the care of turning 22 clients;
and provided further, that the commission shall work in conjunction with
the department of mental retardation to secure similar rates for contracted
residential services 8,000,574”.
[The Governor reduced the
item to $7,850,419.]
Therefore item 4110-2000
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 1120-4005 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“1120-4005 For the administration
of the library; provided, that said library shall maintain regular hours
of
operation from 9:00 a.m. to 5:00
p.m. 1,184,048”.
[The Governor reduced the
item to $1,049,877.]
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
130 members voted in the affirmative and 22 in the negative.
[Mrs. Parente of Milford
answered “Present” in response to her name.]
Therefore item 1120-4005
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 2310-0200 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“2310-0200 For the administration
of the division of fisheries and wildlife, including expenses of the fisheries
and wildlife board, the administration of game farms and wildlife restoration
projects, for wildlife research and management, the administration of
fish hatcheries, the improvement and management of lakes, ponds and rivers,
for fish and wildlife restoration projects, the commonwealth’s share
of certain cooperative fishery and wildlife programs, and for certain
programs reimbursable under the federal Aid to Fish and Wildlife Restoration
Act; provided, that funds from this item shall be made available to the
University of Massachusetts at Amherst for the purposes of wildlife and
fisheries research in an amount not to exceed the amount received in fiscal
year 2003 for such research; provided further, that funds may be expended
to supplement the natural heritage and endangered species program; provided
further, that the department shall expend the amount necessary to restore
anadromous fish in the Connecticut and Merrimack river systems; provided
further, that not less than $80,000 shall be expended to assist access
for recreational opportunities for the disabled in the town of Wilmington;
and provided further, that expenditures for such programs shall be contingent
upon prior approval of the proper federal authorities for reimbursement
of at least 75 per cent of the
amount so expended 6,782,731”.
[The Governor reduced the
item to $6,702,731 and disapproved the following wording: “; provided
further, that not less than $80,000 shall be expended to assist access
for recreational opportunities for the disabled in the town of Wilmington”.]
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
130 members voted in the affirmative and 23 in the negative.
Therefore item 2310-0200
(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.
Item 4512-0103 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“4512-0103 For acquired
immune deficiency syndrome services and programs; 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 particular attention shall be paid to direct the funding
proportionately amongst each of the demographic groups afflicted by HIV/AIDS;
provided further, that funds shall be expended for rental housing subsidies
for the purposes of preventing admissions to acute hospitals, chronic
hospitals and nursing homes for persons with acquired immune deficiency
syndrome; provided further, that the department may contract for the administration
of this program; provided further, that the costs of this administrative
contract shall not be expended from this item; provided further, that
rents payable by tenants shall not be less than 30 per cent of total household
income if heat and cooking fuel are provided by the landlord and shall
not be less than 25 per cent of total household income if heat and cooking
fuel are not provided; provided further, that no funds shall be expended
for subsidies for housing units in excess of the number of units funded
on June 30, 1991; provided further, that the department shall not enter
into any new housing contracts or expend funds for such new contracts
in fiscal year 2004 that would fund units in excess of the number of units
funded on June 30, 2003; provided further, that $562,876 shall be expended
for a program to mitigate the effects of hepatitis C; provided further,
that funds shall be expended to increase public awareness and provide
health care provider information; provided further, that awareness efforts
shall be presented in multiple languages and in a culturally appropriate
manner where applicable; provided further, that hepatitis C prevention,
counseling and testing, and case management services shall be integrated
into existing substance abuse, HIV/AIDS and STD service programs; provided
further, that funds herein shall supplement, and not supplant, funding
for such purposes in item 4580-1000; provided further, that not less than
$150,000 shall be expended for the operation of a program to be administered
by the Springfield department of health for a comprehensive drug treatment
for the prevention of AIDS; and provided further, that no funds from this
item shall be expended for
disease research in fiscal year
2004 32,056,975”.
[The Governor reduced the
item to $31,906,975 and disapproved the following wording: “; provided
further, that not less than $150,000 shall be expended for the operation
of a program to be administered by the Springfield department of health
for a comprehensive drug treatment for the prevention of AIDS”.]
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 133
members voted in the affirmative and 20 in the negative.
Therefore item 4512-0103
(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.
Item 7004-3036 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“7004-3036 For housing services
and counseling; provided, that not less than $200,000 shall be expended
as grants for the operation of 9 regional housing consumer education centers
operated by the regional nonprofit housing authorities; provided further,
that the grants shall be through a competitive application process pursuant
to criteria created by the department; provided further, that the department
shall report to the house and senate committees on ways and means not
later than February 1, 2004 on possible savings and efficiencies through
consolidation of said services and counseling; provided further, that
not less than $141,000 shall be expended for the Just-A-Start Corporation
to administer a housing stabilization conflict management services program
to prevent homelessness; provided further, that $80,925 shall be expended
for the Central Massachusetts Housing Alliance; and provided further,
that no funds shall be expended from this item in the AA subsidiary, so-called,
for the compensation of state
employees 421,925”.
[The Governor reduced the
item to $200,000 and disapproved the following wording: “; provided
further, that the department shall report to the house and senate committees
on ways and means not later than February 1, 2004 on possible savings
and efficiencies through consolidation of said services and counseling;
provided further, that not less than $141,000 shall be expended for the
Just-A-Start Corporation to administer a housing stabilization conflict
management services program to prevent homelessness; provided further,
that $80,925 shall be expended for the Central Massachusetts Housing Alliance”.]
After remarks 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 133 members voted in the affirmative and 20 in the negative.
Therefore item 7004-3036
(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.
Item 7112-0100 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“7112-0100 For Framingham
State College; provided, that not less than $160,000 shall be expended
for the regional economic research center; provided further, that funds
may be expended for the operation of the commonwealths’ global educa-
tion centers 18,314,192”.
[The Governor reduced the
item to $18,154,192 and disapproved the following wording: “; provided,
that not less than $160,000 shall be expended for the regional economic
research center”.]
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
135 members voted in the affirmative and 20 in the negative.
Therefore item 7112-0100
(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.
Item 9110-1633 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“9110-1633 For contracts
with aging service access points, so-called, or other qualified entities
for home care case management services and the administration of the home
care corporations funded through item 9110-1630 and item 9110-1500; provided,
that such contracts shall include the costs of administrative personnel,
home care case managers, travel, rent and other costs deemed appropriate
by the executive office of elder affairs; provided further that no funds
appropriated in this item shall be expended for the enhancement of management
information systems; and provided further, that the secretary of elder
affairs may transfer an amount not to exceed 3 per cent of the funds appropriated
herein to item 9110-1630 34,941,978”.
[The Governor reduced the
item to $33,942,151.]
After remarks 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 153 members voted in the affirmative and 0 in the negative.
Therefore item 9110-1633
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.
Section 439, which had
been vetoed by the Governor, was considered, as follows:
“SECTION 439. Said
section 10 of said chapter 152 is hereby further amended by striking out
subsection (c) and inserting in place thereof the following subsection:—
(c) In order to increase
the marketability of any special obligation bonds described in section
11 and any other bonds issued by the commonwealth which are payable from
amounts held in the Convention Center Fund, and thereby ensure the issuance
of such bonds at the lowest possible cost to the commonwealth, the special
receipts deposited in the Convention Center Fund in accordance with this
subsection are hereby impressed with a trust for the benefit of the owners
from time to time of such bonds and special receipts shall be applied
by the state treasurer without further appropriation to the payment of
principal, including sinking fund payments and premium, if any, and interest
on such bonds, to the maintenance of, or provisions for, the Capital Reserve
Fund described in said section 11, to the payment of the costs of issuance
of such bonds and to the payment of the cost of, and the satisfaction
of the obligations of the commonwealth under, any surety bond, insurance
policy or other form of credit enhancement required or provided for in
any trust of security agreement or credit enhancement agreement entered
into pursuant to this act to secure such bonds. The state treasurer with
the concurrence of the secretary of administration and finance shall determine
that sufficient amounts are or will be held in the Convention Center Fund
to meet debt service payments and compliance with any applicable restrictions
relating thereto including, without limitation, any coverage requirements,
contained in any such trust or security agreement or credit enhancement
agreement. If the state treasurer and the secretary of administration
and finance determine that the balance of the Convention Center Fund exceeds
the amount necessary to satisfy the requirement of sufficiency, then the
Authority may make expenditures from the Convention Center Fund, in an
amount not to exceed such surplus, for the following purposes: (i) to
pay costs, not exceeding $50,000,000, of the heating, ventilating and
air conditioning systems for the project if the Authority deems it in
the best interest of the Authority to fund such costs in whole or in part
from amounts held in the Convention Center Fund rather than through a
lease or lease-purchase agreement for such
systems; (ii) to pay start-up costs, not exceeding $2,000,000, of the
project; (iii) to pay costs, not exceeding $2,000,000, of a feasibility
study and preliminary engineering program
in accordance with section 38N of chapter 190 of the acts of 1982 for
a parking garage for the project; (iv) to provide for, and maintain, any
reserve for capital and current expenses of the project and other facilities
of the Authority as the Authority shall deem necessary to appropriate,
provided that the Authority receives written approval from the secretary
of administration and finance; (v) to defray the net cost of operations,
at an amount not to exceed $17,000,000 in FY04 and that same amount in
each fiscal year thereafter, of the Authority as defined in section 35
of said chapter 190; Notwithstanding any general or special law to the
contrary, the Authority and the secretary of administration and finance
shall deposit in the Pension Reserve Investment Trust, pursuant to this
act, any of the revenues of the Boston common parking garage in excess
of the costs of maintenance, repair and operation thereof, reasonable
reserves for such purposes and cost of debt service on bonds issued to
finance the restoration of the Boston common parking garage.”.
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 107 members voted in the affirmative and 48 in the
negative.
Therefore section 439 was
passed, notwithstanding the objections of the Governor (more than two-thirds
of the members present and voting having voted in the affirmative). Mr.
Rogers of Norwood then moved that this vote be reconsidered; and the motion
to reconsider was negatived. Sent to the Senate for its action.
Mr. DiMasi of Boston being
in the Chair,—
Item 7004-4314 (contained
in section 2), which had been vetoed by the Governor, was considered,
as follows:
“7004-4314 For the expenses
of a service coordinators program established by the department to assist
tenants residing in housing developed pursuant to sections 39 and 40 of
chapter 121B of the General Laws to meet tenancy requirements in order
to maintain and enhance the quality of life in said
housing 490,401”.
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 135
members voted in the affirmative and 22 in the negative.
Therefore item 7004-4314
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 8100-0000 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“8100-0000 For the administration
and operation of the department of state police, including the payment
of charges assessed to the department of state police for the costs of
worker’s compensation, unemployment insurance, medicare taxes, medical
security plan, and the group insurance commission extended leave chargeback;
provided, that the department shall maintain the division of field services
which shall include, but not be limited to, the bureau of metropolitan
district operations; provided further, that not fewer than 40 officers
may be provided to the department of conservation and recreation for the
purpose of patrolling the watershed property of the commission; provided
further, that funds shall be expended from this item for the administration
and operation of an automated fingerprint identification system and the
motor carrier safety assistance program; provided further, that not fewer
than 5 officers shall be provided to the disabled persons protection commission
for the purpose of investigating cases of criminal abuse; provided further,
that the department shall enter into an interagency agreement with the
department of conservation and recreation to provide police coverage on
department properties and parkways; provided further, that the creation
of a new or the expansion of the existing statewide communications network
shall include the office of law enforcement in the executive office of
environmental affairs department of fisheries, wildlife and environmental
law enforcement at no cost to, or compensation from, that division; provided
further, that not less than $2,328,946 shall be expended for the payroll
costs of the state police directed patrols; and provided further, that
any community that was selected to receive earmarked funds in fiscal year
2003 shall receive 100 per cent of the amount so earmarked in fiscal year
2004, of which $100,000 of the $365,000 previously earmarked in chapter
184 of the acts of 2002 for the Zero Tolerance Program shall be expended
for patrolling the area of the Mystic River Reservation that lies between
Sandy Beach in Winchester and Dugger park in West Medford commonly known
as Whiskey Flats; and provided further, that the department may expend
funds appropriated herein for the administration of budgetary, procurement,
fiscal, human resources, payroll and other administrative services of
the office of the chief medical examiner, the criminal justice training
council, so-called, and the criminal history sys-
tems board 195,721,900
Highway Fund $88.20%
General Fund $11.80%”.
[The Governor reduced the
item to $193,392,954 and disapproved the following wording: “; provided
further, that not less than $2,328,946 shall be expended for the payroll
costs of the state police directed patrols; and provided further, that
any community that was selected to receive earmarked funds in fiscal year
2003 shall receive 100 per cent of the amount so earmarked in fiscal year
2004, of which $100,000 of the $365,000 previously earmarked in chapter
184 of the acts of 2002 for the Zero Tolerance Program shall be expended
for patrolling the area of the Mystic River Reservation that lies between
Sandy Beach in Winchester and Dugger park in West Medford commonly known
as Whiskey Flats”.]
After remarks 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
137 members voted in the affirmative and 20 in the negative.
Therefore item 8100-0000
(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.
Recess.
At thirteen minutes after
two o’clock P.M. (Thursday, July 17), on motion of Mr. Petrolati
of Ludlow (Mr. DiMasi of Boston being in the Chair), the House recessed
until three o’clock; and at twenty-eight minutes before four o’clock
the House was called to order with Mr. Petrolati in the Chair.
Quorum.
Mr. Broadhurst of Methuen
asked for a count of the House to ascertain if a quorum was present. The
Chair (Mr. Petrolati), having determined that a quorum was not in attendance,
then directed the Sergeant-at-Arms to secure the presence of a quorum.
Subsequently a roll call was taken
for the purpose of ascertaining the presence of a quorum; and on the
roll call 152 members were recorded as being in attendance.
Therefore a quorum was
present.
Motion to Discharge a
Certain Matter in the
Orders of
the Day.
Mr. Finneran of Boston
moved that the House Order providing for amendments to the Rules of the
House of Representatives for the creation of a committee on Homeland Security
and Federal Affairs and a committee on Medicaid [A]and to provide for
additional compensation for certain members of the House of Representatives
(House, No. 3838), be discharged from its position in the Orders of the
Day and considered forthwith, under suspension of Rule 47; and the motion
prevailed.
Pending the question on
adoption of the order, the same member moved that it be amended in line
72 by striking out the following: “18B the following rule”
and inserting in place thereof the following: “33B the following
two rules”; in lines 73 to 112, inclusive, by striking out the paragraph
contained therein (proposed Rule 18C); and in the title as printed on
the Calendar by striking out [at “A”] the following: “and
to provide for additional compensation for certain members of the House
of Representatives”.
On the question on adoption
of the amendments, 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 155
members voted in the affirmative and 0 in the negative.
Therefore the amendments
were adopted.
On the question on adoption
of the order, as amended, the sense of the House was taken by yeas and
nays, at the request of Mr. Jones; and on the roll call 154 members voted
in the affirmative and 0 in the negative.
[Mr. Keenan of Southwick
answered “Present” in response to his name.]
Therefore the order (House,
No. 3838, amended) was adopted.
Reports
of a Committee.
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, in each instance, on motion of the same member, 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 2000-0500 (contained
in section 2), which had been vetoed by the Governor, was considered,
as follows:
“2000-0500 For the operations
of the office of administrative appeals; provided, that said office shall
maintain, to the fullest extent practicable, a complete physical and technological
separation from any agency, department, board, commission or program whose
decisions, determinations or actions may be appealed to it; provided further,
that every decision issued by a commissioner or other head of agency,
or designee, following the issuance of a recommended decision by an administrative
law judge of the office of administrative appeals, shall be an agency
decision subject to judicial review pursuant to chapter 30A of the General
Laws; and provided further, that said office’s administrative law
judges shall be initially the persons who, on October 1, 2000, were serving
as administrative law judges and chief administrative law judge in the
office of administrative appeals in the department of
environmental protection 404,226”.
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
133 members voted in the affirmative and 23 in the negative.
Therefore item 2000-0500
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 4110-0001 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“4110-0001 For the office
of the commissioner and the bureau of research; provided, that the commissioner
may transfer funds between items 4110-0001, 4110-1000, 4110-1010, 4110-1020,
4110-2000, 4110-2001, 4110-3010, and 4110-4000; provided further, that
the amount transferred from any of the items stated herein shall not exceed
10 per cent of the total amount appropriated for that item; provided further,
that 30 days prior to any such transfer, the commissioner shall submit
an allocation plan detailing the distribution of the funds to be transferred
to the house and senate committees on ways and means; and provided further,
that amounts appropriated to the commission in fiscal year 2004 that extend
or expand services beyond the level of services provided in fiscal year
2003 shall not annualize
above the amounts in fiscal year
2005 825,292”.
[The Governor reduced the
item to $611,836.]
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 22 in the negative.
Therefore item 4110-0001
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 2800-9004 (contained
in section 2), which had been vetoed by the Governor, was considered,
as follows:
“2800-9004 For certain payments
for the maintenance and use of the trailside museum and the Chickatawbut
Hill center 219,750
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
130 members voted in the affirmative and 25 in the negative.
Therefore item 2800-9004
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 4513-1020 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“4513-1020 For the early
intervention program; provided, that state employees previously paid from
this item shall be paid from item 4510-0099 or from line item 4510-0100
in fiscal year 2004; provided further, that the department shall report
quarterly to the house and senate committees on ways and means the total
number of units of service purchased and the total expenditures for the
units of service paid by the department, the division of medical assistance,
and by third party payers for early intervention services for the following
services categories: home visit, center-based individual, child-focused
group, parent-focused group, screening, and assessment; provided further,
that the department shall make all reasonable efforts to secure third
party and medicaid reimbursements for the services funded herein; provided
further, that funds from this item shall be expended for a reserve to
provide respite services to families of children enrolled in early intervention
programs who have complex care requirements, multiple disabilities and
extensive medical and health needs; provided further, that priority shall
be given to low and moderate income families; provided further, that the
department shall submit to the house and senate committees on ways and
means a report on the number of families served by said program and the
amount of funds appropriated herein granted to qualified families not
later than February 1, 2004; provided further, that no claim for reimbursement
made on behalf of an uninsured person shall be paid from this item until
the program receives notice of a denial of eligibility for the MassHealth
program from the division of medical assistance; and provided further,
that nothing stated herein shall give rise to or shall be construed as
giving rise to enforceable legal rights to any such services or an enforceable
entitlement to the early intervention services
funded in this item 29,188,130”.
[The Governor reduced the
item to $28,490,998 and disapproved the following wording: “; provided
further, that the department shall submit to the house and senate committees
on ways and means a report on the number of families served by said program
and the amount of funds appropriated herein granted to qualified families
not later than February 1, 2004”.]
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
137 members voted in the affirmative and 18 in the negative.
Therefore item 4513-1020
(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.
Item 2800-0200 (contained
in section 2), which had been vetoed by the Governor, was considered,
as follows:
“2800-0200 For the operation
of the Commonwealth Zoological Corporation, pursuant to 92B of the General
Laws; provided, that funds appropriated herein shall chapter be expended
for the purposes of promoting private fund-raising, achieving self-sufficiency
and serving as a catalyst for urban economic development and job opportunities
for local residents; provided further, that the corporation shall take
all steps necessary to increase the amount of private funding available
for the operation of the zoos; provided further, that the corporation
shall report to the house and senate committees on ways and means no later
than February 1, 2004 on the status of, and amounts collected from, the
private fundraising and enhanced revenue efforts identified in the draft
Massachusetts zoos business and operations plan dated December, 1996;
and provided further, that the corporation shall continue to provide free
services and supplies, including, but not limited to, routine animal check-ups,
diagnosis and care, emergency veterinary needs, medications and medical
supplies, vitamins and diet supplements and Zoo Prem feline diet, to the
trailside museum and the Chickatawbut Hill center in
the town of Milton 750,000”.
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 135
members voted in the affirmative and 20 in the negative.
Therefore item 2800-0200
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 2010-0100 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“2010-0100 For recycling
and related purposes consistent with the recycling plan of the solid waste
master plan which includes municipal equipment, a municipal recycling
incentive program, recycled product procurement, guaranteed annual tonnage
assistance, recycling transfer stations, source reduction and technical
assistance, consumer education and participation campaign, municipal household
hazardous waste program, the recycling loan program, research and development,
recycling market development and recycling business development, and the
operation of the Springfield materials recycling facility; provided, that
the department shall be prohibited from increasing the number of full
time employees paid from this item above the number assigned to this item
on March 1, 2003; provided further, that funds may be expended for a recycling
industry reimbursement program pursuant to section 24I of chapter 43 of
the acts of 1997; provided further, that the department of environmental
protection shall expend not less than $1,375,000 for a program to preserve
the continuing ability of redemption centers to maintain operations in
pursuit of the commonwealth’s recycling goals consistent with section
323 of chapter 94 of the General Laws; provided further, that said redemption
centers shall be eligible for such funds if they were registered with
the commonwealth as of April 1, 2003; provided further, that funds may
be expended on municipal recycling incentives; provided further, that
for the purposes of this item and said chapter 94, a redemption center
shall be any business registered with the commonwealth whose primary purpose
is the redemption of reusable beverage containers; and provided further,
that such program shall take into consideration the volume of redeemables
per redemption center, the length of time such center has been in operation,
the number of returnables redeemed quarterly by such centers, the submission
by such centers of documentation of their redeemed returnables to the
department, and the costs of transportation, packing, storage and labor;
and provided further, that the department may expend funds on
municipal equipment grants 3,513,437
[The Governor reduced the
item to $613,437 and disapproved the following wording: “; provided
further, that the department of environmental protection shall expend
not less than $1,375,000 for a program to preserve the continuing ability
of redemption centers to maintain operations in pursuit of the commonwealth’s
recycling goals consistent with section 323 of chapter 94 of the General
Laws; provided further, that said redemption centers shall be eligible
for such funds if they were registered with the commonwealth as of April
1, 2003”.]
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 139 members voted in the affirmative and 15 in the negative.
Therefore item 2010-0100
(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.
Mrs. Harkins of Needham
being in the Chair,—
Mr. Rogers of Norwood then
moved that the rules be suspended in order that the House might consider
item 4000-0300 (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. Jones of North Reading; and on the roll call 133 members
voted in the affirmative and 22 in the negative.
Therefore the rules were
suspended.
Said item, which had been
reduced by the Governor, then was considered, as follows:
“4000-0300 For the administrative,
contracted services and non-personnel systems costs related to the implementation
and operation of programs authorized by sections 9A to 9C, inclusive,
and sections 16B and 16C of chapter 118E of the General Laws; provided,
that such costs shall include, but not be limited to, pre-admission screening,
utilization review, medical consultants, disability determination reviews,
health benefit managers, interagency service agreements, the management
and operation of the central automated vendor payment system, including
the recipient eligibility verification system, vendor contracts to upgrade
and enhance the central automated vendor payment system, the medicaid
management information system and the recipient eligibility verification
system MA21, costs related to the information technology chargebacks,
contractors responsible for system maintenance and development, personal
computers and other information technology equipment; provided further,
that 50 per cent of the cost of provider point of service eligibility
verification devices purchased shall be assumed by the providers utilizing
the devices; provided further, that the executive office of health and
human services shall assume the full cost of provider point of service
eligibility verification devices utilized by any and all participating
dental care providers; provided further, that in consultation with the
division of health care finance and policy, no rate increase shall be
provided to existing medicaid provider rates without taking all measures
possible under Title XIX of the social security act to ensure that rates
of payment to providers do not exceed such rates as are necessary to meet
only those costs which must be incurred by efficiently and economically
operated providers in order to provide services of adequate quality; provided
further, that expenditures for the purposes of each item appropriated
for the purpose of programs authorized by chapter 118E shall be accounted
for according to such purpose on the Massachusetts management accounting
and reporting system not more than 10 days after such expenditures have
been made by the medicaid management information system; provided further,
that the no expenditures shall be made for the purpose of such programs
that are not federally reimbursable, except as specifically authorized
herein, or unless made for cost containment efforts the purposes and amounts
of which have been submitted to the house and senate committees on ways
and means 30 days prior to making such expenditures; provided further,
that the executive office may continue to recover provider overpayments
made in the current and prior fiscal years through the medicaid management
information system, and that such recoveries shall be deemed current fiscal
year expenditure refunds; provided further, that the executive office
shall report quarterly to the house and senate committees on ways and
means the amounts of said expenditure refunds credited to each item of
appropriation; provided further, that the executive office shall report
quarterly to the house and senate committees on ways and means the amount
of hand generated payments, to providers by item of appropriation from
which said payments were made; provided further, that the executive office
shall submit a report to the house and senate committees on ways and means
detailing projected expenditures for fiscal years 2004 and 2005 for this
item and items 4000-0320, 4000-0430, 4000-0500, 4000-0600, 4000-0700,
4000-0860, 4000-0870, 4000-0875, 4000-0880, 4000-0890, 4000-0891
and 4000-1400; provided further, that in identifying the projected expenditures,
the report shall account for any and all assumptions used to project promulgated
or projected changes in provider payment rates, average per-member-per-month
expenditure amounts, and the methods utilized to estimate current and
prospective beneficiary enrollment and benefit utilization trend; provided
further, that the report shall include monthly member-month caseload,
date-of-service and date-of-payment expenditure data by provider type
and health benefit plan; provided further, that the report shall detail
by item of appropriation any updates or budgetary revisions made subsequent
to the governor’s budget submission for fiscal year 2005 recommendations,
including, but not limited to, any assumptions used to develop the recommendations;
provided further, that the report shall be submitted not later than February
15, 2004; provided further, that by October 1, 2003 the division shall
report to the house and senate committees on ways and means the results
of a study into the feasibility of establishing a mechanism that will
allow hospitals and community health centers the ability to electronically
access the health benefit coverage database to assist with coordinating
coverage of persons requesting uncompensated care under chapter 118G of
the General Laws and medical assistance under chapter 118E of the General
Laws; provided further, that said study shall include an analysis of any
applicable provisions of the Health Insurance Portability and Accountability
Act that may affect said mechanism; provided further, that the division
may collect directly from a liable third party any amounts paid to contracted
providers under chapter 118E of the General Laws for which the division
later discovers another third party is liable if no other course of recoupment
is possible; provided further, that no funds shall be expended for the
purpose of funding interpretive services directly or indirectly related
to a settlement or resolution agreement, with the office of civil rights
or any other office, group or entity; provided further, that interpretive
services currently provided shall not give rise to enforceable legal rights
for any party or to an enforceable entitlement to interpretive services;
provided further, that the federal financial participation received from
claims filed for the costs of outreach and eligibility activities performed
at certain hospitals or by community health centers which are funded in
whole or in part by federally permissible in-kind services or provider
donations from the hospitals or health centers, shall be credited to this
item and may be expended without further appropriation in an amount specified
in the agreement with each donating provider hospital or health center;
provided further, that the federal financial participation received from
claims filed based on in-kind administrative services related to outreach
and eligibility activities performed by certain community organizations,
under the so-called ‘covering kids initiative’ and in accordance
with the federal revenue criteria in 45 CFR 74.23 or any other federal
regulation which provides a basis for federal financial participation,
shall be credited to this item and may be expended, without further appropriation,
on administrative services including those covered under an agreement
with the organizations participating in the initiative; provided further,
that notwithstanding the provisions of any general or special law to the
contrary, the executive office shall require the commissioner of mental
health to approve any prior authorization or other restriction on medication
used to treat mental illness in accordance with written policies, procedures
and regulations of the department of mental health; provided further,
that said executive office shall annually submit on or before February
first to the house and senate committees on ways and means a report detailing
the cost-effectiveness of the drug prior authorization program including
an analysis of: (a) the direct cost of the prior authorization program;
(b) the estimated amount, if any, of cost shifting to physicians in terms
of additional time spent in obtaining authorization for a selected course
of therapy; (c) internal program costs shifting, if any, including but
not limited to additional prescriptions, laboratory tests, physician visits,
hospitalization, and skilled nursing care that are associated with implementation
of the prior authorization program; provided further, that each report
shall include all therapeutic classes that are currently subject to prior
authorization; provided further, that any contractor retained to develop
and prepare said annual report shall not be related to any contractor
retained by the state to develop and implement said prior authorization
program; provided further, that the division shall file a quarterly report
with the house and senate committees on ways and means and the joint committee
on health care detailing the estimated savings resulting from the prior
authorization of medications designed to treat epilepsy, the number of
instances that an appeal for a nongeneric version of such medication was
denied and any instances of hospitalization of an individual denied such
nongeneric medication; provided further, that expenditures for the purpose
of a dispensing fee to retail pharmacies shall be paid for out of the
Health Care Quality Improvement Trust Fund, established in section 2EEE
of chapter 29 of the General Laws; provided further, that federal reimbursements
received for administrative expenditures made pursuant to this item shall
be credited proportionally to the General Fund and the Children’s
and Seniors’ Health Care Assistance Fund, established under section
2FF of chapter 29 of the General Laws, in the same percentages as expenditures
are made from this item and the funds; provided further, that no funds
from items 4000-0430, 4000-0500, 4000-0600, 4000-0700, 4000-0860, 4000-0870,
4000-0880 or 4000-1400 shall be expended for the purpose of such dispensing
fees, except that funds may be expended from any such item if amounts
from the Health Care Quality Improvement Trust Fund are insufficient to
pay for such fees; and provided further, that funds may be expended from
this item for care management services provided in items 4000-0430, 4000-0500,
4000-0600, 4000-0860, 4000-0870, 4000-0875, 4000-0880, 4000-1400 pursuant
to subsection (4) of
section 617 of this act 116,020,407
General Fund 85.84%
Children’s and Seniors’
Health Care
Assistance Fund 14.16%”.
[The Governor reduced the
item by striking out the following wording: “; provided further,
that by October 1, 2003 the division shall report to the house and senate
committees on ways and means the results of a study into the feasibility
of establishing a mechanism that will allow hospitals and community health
centers the ability to electronically access the health benefit coverage
database to assist with coordinating coverage of persons requesting uncompensated
care under chapter 118G of the General Laws and medical assistance under
chapter 118E of the General Laws; provided further, that said study shall
include an analysis of any applicable provisions of the Health Insurance
Portability and Accountability Act that may affect said mechanism; provided
further, that the division may collect directly from a liable third party
any amounts paid to contracted providers under chapter 118E of the General
Laws for which the division later discovers another third party is liable
if no other course of recoupment is possible”; and “; provided
further, that notwithstanding the provisions of any general or special
law to the contrary, the executive office shall require the commissioner
of mental health to approve any prior authorization or other restriction
on medication used to treat mental illness in accordance with written
policies, procedures and regulations of the department of mental health;
provided further, that said executive office shall annually submit on
or before February first to the house and senate committees on ways and
means a report detailing the cost-effectiveness of the drug prior authorization
program including an analysis of: (a) the direct cost of the prior authorization
program; (b) the estimated amount, if any, of cost shifting to physicians
in terms of additional time spent in obtaining authorization for a selected
course of therapy; (c) internal program costs shifting, if any, including
but not limited to additional prescriptions, laboratory tests, physician
visits, hospitalization, and skilled nursing care that are associated
with implementation of the prior authorization program; provided further,
that each report shall include all therapeutic classes that are currently
subject to prior authorization; provided further, that any contractor
retained to develop and prepare said annual report shall not be related
to any contractor retained by the state to develop and implement said
prior authorization program; provided further, that the division shall
file a quarterly report with the house and senate committees on ways and
means and the joint committee on health care detailing the estimated savings
resulting from the prior authorization of medications designed to treat
epilepsy, the number of instances that an appeal for a nongeneric version
of such medication was denied and any instances of hospitalization of
an individual denied such nongeneric medication”.]
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
133 members voted in the affirmative and 22 in the negative.
Therefore item 4000-0300
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, 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 528, which had
been vetoed by the Governor, was considered, as follows:
“SECTION 528. Subsection
(j) of said section 110 of said chapter 5 is hereby amended by adding
the following paragraph: —
Recipients not qualifying
as exempt under the provisions of subsection (e) and whose child of record
is under the age at which full-time school attendance is mandatory in
the city or town in which such child resides, may meet said work requirement
through education and training programs that meet the requirements of
the federal Personal Work and Responsibility Act of 1996.”.
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 105 members voted in the affirmative and 51 in the negative.
Therefore section 528 was
passed, notwithstanding the objections of the Governor (more than two-thirds
of the members present and voting having voted in the affirmative). Mr.
Peterson of Grafton moved that this vote be reconsidered.
On the question on reconsideration,
the sense of the House was taken by yeas and nays, at the request of
the same member; and on the roll call 30 members voted in the affirmative
and 126 in the negative.
Therefore the motion to
reconsider was negatived. Section 528 then was sent to the Senate for
its action.
Item 4513-1026 (contained
in section 2), which had been vetoed by the Governor, was considered,
as follows:
“4513-1026 For the provision
of statewide and community-based suicide prevention, intervention, post-vention
and surveillance activities and the implementation of a statewide suicide
prevention plan; 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 the department, in coordination
with the department of mental health, shall provide grant funds for locally
targeted suicide prevention, intervention and post-vention activities;
provided further, that any department, group, or institution applying
for these grants shall state the program’s goals, feasibility, and
effectiveness, such that other communities may replicate this program,
document how the program replicates or builds upon relevant evidence-based
strategies or tests new strategies, describe the activities to be undertaken
and include an evaluation component in the program; provided further,
that prevention and intervention activities shall be targeted toward identifying
and assisting those at risk; provided further, that prevention and intervention
activities shall include, but not be limited to, training programs about
the recognition and treatment of suicidal behavior for professionals who
are in regular contact with at-risk individuals, collaborative work with
emergency rooms and doctors to disseminate information regarding follow-up
services for known attempters, and efforts to increase public knowledge
of suicide prevention; provided further, that post-vention activities
shall be targeted toward family and friends of individuals who have attempted
or completed suicide; provided further, that post-vention activities shall
include, but not be limited to, training for first-responders about sensitive
and responsible ways of interacting with the families of suicide victims,
efforts to increase survivors’ access to mental health services
and to decrease the stigma associated with their roles as survivors, and
the development of comprehensive support programs to facilitate positive
coping among survivors; provided further, that surveillance activities
shall be targeted toward increasing the accuracy of statistics on suicide
morbidity and the availability of information on suicide attempts and
ideation; provided further, that surveillance activities shall include,
but not be limited to, efforts to increase both the quantity and quality
of suicide data collected by first responders, hospital staff, and the
department, and the development of a system for accessing and collecting
data from suicide survivors; provided further, that funds from this item
shall not be transferred to any other program or item; provided further,
that the departments shall, in consultation with the commissioner of education,
report to the house and senate committees on ways and means on the status
of statewide and community-based suicide prevention, intervention, post-vention,
and surveillance activities no later than June 30,
2004 125,000”.
After remarks 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 132 members voted in the affirmative and 24 in the negative.
Therefore item 4513-1026
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 604, which had
been vetoed by the Governor, was considered, as follows:
“SECTION 604. There
is hereby established a special commission to report on alternatives to
using the property tax to fund public education. Said commission shall
consist of the Speaker of the House of Representatives or his designee
and 3 additional members to be appointed by the Speaker of the House,
the President of the Massachusetts Senate or his designee and 3 additional
members to be appointed by the President of the Senate, the Chairman of
the House Committee on Ways and Means or his designee, the Chairman of
the Senate Committee on Ways and Means or his designee, the House and
Senate Chairs of the Joint Committee on Education, Arts, and Humanities,
the House and Senate Chairs of the Joint Committee on Taxation, who shall
both serve as chairs of said commission, the Secretary of Administration
and Finance, and 1 member appointed by the following organizations: the
Department of Revenue, the Suburban Coalition, the Massachusetts Taxpayer’s
Foundation, the Massachusetts Municipal Association, Associated Industries
of Massachusetts, and the Massachusetts Budget and Policy Center. Said
commission shall be chaired by the House and Senate Chairs of the Joint
Committee on Taxation. The scope of the commission’s inquiry shall
include, but shall not be limited to: reviewing the current practice of
using the property tax to fund education and seeking alternative sources
of funding to provide a dedicated stream of revenue. The Commission shall
submit its report to the House and Senate Committees on Ways and Means,
the Joint Committee on Education, Arts and Humanities, and the Joint Committee
on Taxation not later than January 30, 2004 along with drafts of any legislation.”.
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
127 members voted in the affirmative and 26 in the negative.
Therefore section 604 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 4120-4010 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“4120-4010 For services
to clients of the department who turn 22 years of age; provided, that
the amount appropriated herein shall not annualize to more than $605,000
in state fiscal year 2005; and provided further, that nothing stated herein
shall give rise to or shall be construed as giving rise to enforceable
legal rights in any party or an enforceable entitlement to the services
funded herein 565,000”.
[The Governor reduced the
item to $433,760.]
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 139
members voted in the affirmative and 16 in the negative.
Therefore item 4120-4010
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 7007-1000 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“7007-1000 For assistance
to local tourist councils pursuant to section 14 of chapter 23A of the
General Laws; provided, that notwithstanding any general or special law,
regulation or rule to the contrary, each of said councils may expend an
amount not to exceed 15 per cent of the grant it receives
herein for the cost of administrative
services 6,929,211
Tourism Fund 100.00%”.
[The Governor reduced the
item to $5,509,821.]
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
136 members voted in the affirmative and 20 in the negative.
Therefore item 7007-1000
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 7000-9101 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“7000-9101 For the operation
of the board of library commis-
sioners 891,182”.
[The Governor reduced the
item to $791,182.]
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
140 members voted in the affirmative and 15 in the negative.
Therefore item 7000-9101
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.
Section 248, which had
been vetoed by the Governor, was considered, as follows:
“SECTION 248. Said
section 35 of said chapter 92, as so appearing, is hereby further amended
by adding the following paragraph:—
Notwithstanding section
20 of chapter 21A, the division and department shall preserve and protect
the scenic and historic integrity of its roadways and boulevards. Neither
the department nor the division shall enter into an interagency or other
agreement concerning the roadways and boulevards with a state or public
agency or entity to transfer any lands, roadways or boulevards, bridges,
facilities, personnel, equipment or material under its care, custody and
control without the express prior approval of the legislature.”.
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 23 in the negative.
Therefore section 248 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 223, which had
been vetoed by the Governor, was considered, as follows:
“SECTION 223. Section
18 of said chapter 81A, as so appearing, is hereby amended by striking
out, in line 6, the words “one million dollars” and inserting
in place thereof the following words:— $500,000 nor more than $1,000,000.
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 126
members voted in the affirmative and 29 in the negative.
Therefore section 223 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 8900-0001 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“8900-0001 For the operation
of the commonwealth’s department of correction; provided, that the
department shall expend not less $997,000 to cities and towns hosting
facilities; provided further, that one-half of the number of inmates incarcerated
at Souza Baranowski correctional center shall be deemed to be incarcerated
within a correctional facility in the town of Shirley and one-half shall
be deemed to be incarcerated within a correctional facility in the town
of Lancaster; provided further, that before closing any correctional facility,
the commissioner of corrections and the secretary of public safety shall
report to the committees on ways and means and public safety on the per-inmate
cost of incarceration in the closing facility, and the per-inmate cost
in the facilities to which inmates will be moved; provided further, the
commissioner of corrections and the secretary of public safety shall report
to the committees on ways and means and public safety before January 1
of each year the point score compiled by the department of correction’s
objective classification system for all prisoners confined in each prison
operated by the department; provided further, that not less than $40,000
shall be provided for the Dismas House, so called; provided further, that
the department shall expend not less than $500,000 to the community hosting
the facility at Cedar Junction; and provided further, that the department
may expend funds appropriated herein for the administration of budgetary,
procurement, fiscal, human resources, payroll and other administrative
services of the military division, the Massachusetts parole board and
the sex
offender registry board 427,805,435”.
[The Governor reduced the
item to $426,268,435 and disapproved the following wording: “; provided,
that the department shall expend not less $997,000 to cities and towns
hosting facilities” and “; provided further, that not less
than $40,000 shall be provided for the Dismas House, so called; provided
further, that the department shall expend not less than $500,000 to the
community hosting the facility at Cedar Junction”.]
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
138 members voted in the affirmative and 17 in the negative.
Therefore item 8900-0001
(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 714, which had
been vetoed by the Governor, was considered, as follows:
“SECTION 714. Sections
494 and 499 shall expire on October 1, 2004.”.
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 22 in the negative.
Therefore section 714 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 218, which had
been vetoed by the Governor, was considered, as follows:
“SECTION 218. Section
22 of chapter 74A of the General Laws, as so appearing, is hereby amended
by striking out, in lines 8 and 9, the words “and the payment of
reasonable charges by said college for such use” and inserting in
place thereof the following words:— ; provided, however, that the
assets of the institute that are associated with the program shall be
available at no cost to the college.”.
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 22 in the negative.
Therefore section 218 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 6000-0100 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“6000-0100 For the office
of the secretary of transportation and construction; provided, that the
office shall collaborate with the department of transitional assistance
in its efforts to develop a program of transportation services for current
and former recipients of the transitional aid to families with dependent
children program pursuant to item 4401-1000; provided further, that the
office shall submit to the joint committee on transportation and the house
and senate committees on ways and means monthly reports detailing projects
funded through the statewide transportation improvement program including,
but not limited to, the location of the projects, the cost of the projects,
the date of advertisement of the projects, the commencement date of the
projects, the projected completion date of the projects and the source
of funds for the projects; provided further, that the office shall also
provide the committees with quarterly reports detailing construction and
reconstruction projects on town and county ways as described in paragraph
(a) of clause (2) of the first paragraph of section 34 of chapter 90 of
the General Laws for which municipalities are projected to seek, have
filed claims or have been paid state reimbursement; provided further,
that a city or town shall comply with the procedures established by the
secretary to obtain the necessary information to produce the reports;
provided further, that the reports shall include, but not be limited to,
the cost of the projects by city or town, the source of funding of the
projects by city or town and the commencement and completion dates of
the projects by city or town; provided further, that the secretary of
the executive office of transportation and construction in collaboration
with the commissioner of highways shall file a report each year with the
joint committee on transportation and the house and senate committees
on ways and means by June 30, 2004 and the last day of each subsequent
fiscal year; provided, that the report shall include spending in the commonwealth
through the statewide road and bridge program, the Chapter 90 program,
the Small Town Road Assistance Program and all other programs expending
funds for road and bridge projects within the commonwealth; provided further,
that the report shall detail the location of the project by city or town,
a brief project description, the project cost, the expected completion
date, the source of funding and any other information deemed necessary;
provided further, that the office shall submit to the house and senate
committees on ways and means quarterly reports detailing all personnel-related
expenditures made from capital funds; provided further, that the reports
shall delineate for the executive office and for each agency, board, authority
or commission under its control, the amounts paid in the prior quarter
as compensation for each type of position assigned to capital projects
that were charged to each such funding source; provided further, that
the reports shall also delineate by funding source any other amounts paid
for personnel-related costs that were charged to those funds, including
payroll allocations for budgetary employees, fringe recovery and other
chargebacks; provided further, that the reports shall identify the number
of full time equivalent personnel classified in each position type; provided
further, that the reports shall list all employees who are paid from this
item and items 6010-0001 and 6006-0003 who also receive payments from
any capital funds; provided further, that the reports shall include for
each of those employees how much money the employees receive from the
items and how much money each employee receives from any capital funds;
and provided further, that the reports shall delineate the information
for full time employees, part-time employees and contracted personnel;
provided, that notwithstanding any general or special law to the contrary,
the secretary is hereby authorized and directed to proceed forthwith on
the Route 128 add-a-lane project, so-called, in a manner consistent with
the design-build provisions pursuant to section six of chapter 53 of the
Acts of 1999 in order to expedite said project and to effectuate the immediate
preservation of the public convenience; and provided further, that agencies
within the executive office may, with the prior approval of the secretary,
streamline and improve administrative operations pursuant
to interdepartmental service agreements
207,956
Highway Fund 100.00%”.
[The Governor reduced the
item by striking out the following wording: “; provided, that notwithstanding
any general or special law to the contrary, the secretary is hereby authorized
and directed to proceed forthwith on the Route 128 add-a-lane project,
so-called, in a manner consistent with the design-build provisions pursuant
to section six of chapter 53 of the Acts of 1999 in order to expedite
said project and to effectuate the immediate preservation of the public
convenience”.]
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 6000-0100
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.
At twenty-seven minutes
after seven o’clock P.M. (Thursday, July 17), the Chair (Mrs. Harkins
of Needham) declared a recess until twenty-three minutes before eight
o’clock; and at ten minutes before eight o’clock the House
was called to order with Mrs. Harkins in the Chair.
Item 1231-1000 (contained
in section 2), which had been vetoed by the Governor, was considered,
as follows:
“1231-1000 For the Commonwealth
Sewer Rate Relief Fund established in section 2Z of chapter 29 of the
General Laws 5,000,000”.
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
132 members voted in the affirmative and 21 in the negative.
Therefore item 1231-1000
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 627, which had
been vetoed by the Governor, was considered, as follows:
“SECTION 627. The
secretary of the executive office of environmental affairs shall coordinate
the delivery of services of the departments and divisions under his control
to ensure the protection of the air, water, natural resources and land
of the commonwealth and to provide support for the provision of recreational
activities for the citizens of the commonwealth. In conducting said duties,
the secretary shall also work in coordination with departments and division
under his control to provide continued support for the recreational facilities
currently operated in the commonwealth. The secretary shall continue to
maintain the public appreciation and enjoyment of the commonwealth’s
natural resources, including bicycle and walking paths, hiking trails,
beaches, and other public open space. To effectuate the aforementioned
policies, the secretary shall ensure the following: (1) all pools and
spray pools under the jurisdiction of said executive office shall remain
open for not less than 10 weeks during the summer months; (2) all rinks
under the jurisdiction of said executive office shall be open from October
through April; (3) all golf courses under the jurisdiction of said executive
office shall be maintained and groomed and open to the public for reasonable
rates April through November; (4) all playgrounds, tennis courts, local
parks, athletic fields and stadia under the jurisdiction of said executive
office shall be open for the public use year round and shall be clean
and safe for the citizens of the commonwealth; (5) all beaches shall be
staffed by lifeguards during the summer swimming season and the beaches
shall be cleared of litter and other pollutants; (6) all 750 lane-miles
of parkways shall be repaired and kept in good operating condition, including
the removal of snow, paving of potholes, and other weather-related damage.
The secretary shall coordinate
the delivery of services of the departments and divisions under his or
her control to ensure the protection of air, water, land, and other natural
resources of the commonwealth and to provide support for the acquisition,
management, utilization, and conservation of habitat for native flora
and fauna. The secretary shall continue to assure the health and viability
of the commonwealth’s biodiversity for future generations. To effectuate
the aforementioned policies, the secretary shall ensure the following:
(1) Provide assistance to the departments and divisions under his or her
control, including the administration of funds to cities and towns, for
the acquisition of interests in land for conservation purposes; (2) Develop
partnerships with private, non-profit and other entities that will augment
the commonwealth’s stewardship and acquisition of such lands; (3)
Monitor and enforce all conservation restrictions held by the commonwealth;
(4) Enforce all laws and regulations promulgated for the protection of
watersheds, lakes, ponds, rivers, streams, coastal and inland wetlands;
(5) Develop natural resource management plans for all state forests, reservation,
and wildlife management areas; (6) Ensure that sustainable forestry management
practices are employed on all state-owned lands, and that such practices
are coordinated with private forestland management practices to achieve
landscape-scale goals; (7) Promote the sustainable economic development
of the private agricultural and forestry resources of the commonwealth;
(8) Promote research and monitoring to establish ecological benchmarks
for assessing the health and viability of the commonwealth’s biodiversity.”.
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 22 in the negative.
Therefore section 627 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 0333-1313 (contained
in section 2), which had been vetoed by the Governor, was considered,
as follows:
“0333-1313 For the Suffolk
probate community access program of community outreach and education;
provided, that said program shall be targeted at low income persons who
experience educational and language barriers to court access; and provided
further, that said program shall be administered by the register of probate
of Suffolk
county 189,041”.
Therefore item 0333-1313
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 645, which had
been vetoed by the Governor, was considered, as follows:
“SECTION 645. Notwithstanding
the provision of any general or special law to the contrary, the executive
office of health and human services shall pursue administrative savings
in the behavioral health program of the division of Medical Assistance.
Such administrative savings shall seek to reduce duplication in the oversight
of service provision, and shall include but not be limited to a reduction
in the approval process of patients who need to be hospitalized; the development
and implementation of self-management models for inpatient providers;
and a recognition of national accreditation and Medicare status for licensure
of inpatient behavioral health providers. Such Administrative savings
shall also include initiatives to reduce the number of hospitalized children
and adolescents who do not require inpatient hospital level of care, including
but not limited to an expedited approval process for appropriate residential
step-down programs; the enforcement of a no-eject policy for residential
settings; allowance for out-of-state placements for extraordinary circumstances;
and a requirement that the department of social services visit hospitalized
youths in custody of the department within three business day of hospitalization.
The executive office of health and human services shall also examine and
make recommendations regarding whether there should be a financial assessment
to offset the cost of providing hospital care on state agencies who have
clients in hospitals who no longer require hospital level care. The executive
office of health and human services shall also examine and pursue appropriate
models for increasing federal financial participation for the costs of
the behavioral health program administrative vendor. The secretary of
the executive office of health and human services shall report to the
house and senate committees on ways and means and the committee on Medicaid
the results of said administrative savings initiatives no later than December
1, 2003, which shall include a list of the administrative savings adopted
and the projected amount of savings from such initiatives.”.
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 22 in the negative.
Therefore section 645 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 7061-9626 (contained
in section 2), which had been vetoed by the Governor, was considered,
as follows:
“7061-9626 For grants and
contracts with youth-build programs for the purposes of providing comprehensive
youth-build services 500,000”.
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
137 members voted in the affirmative and 16 in the negative.
Therefore item 7061-9626
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 1410-0012 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“1410-0012 For services
to veterans, including the maintenance and operation of outreach centers;
provided, that said centers shall provide counseling to incarcerated veterans
and to Vietnam era veterans and their families who may have been exposed
to agent orange; provided further, that not less than $228,771 shall be
obligated for a contract with the Veterans Benefit Clearinghouse in the
Roxbury section of Boston; provided further, that not less than $82,757
shall be obligated for a contract with the Veterans Northeast Outreach
Center in the city of Haverhill; provided further, that not less than
$106,102 shall be obligated for a contract with the North Shore Veterans
Counseling Center in the city of Beverly; provided further, that not less
than $84,879 shall be obligated for a contract with the Veterans Association
of Bristol county in the city of Fall River; provided further, that not
less than $94,501 shall be obligated for a contract with NamVets of the
Cape and Islands in the town of Hyannis; provided further, that not less
than $84,879 shall be obligated for a contract with the Outreach Center,
Inc., in the city of Pittsfield; provided further, that not less than
$167,394 shall be obligated for a contract with the Montachusett Veterans
Outreach Center in the city of Gardner; provided further, that not less
than $84,453 shall be obligated for a contract with the Metrowest/Metrosouth
Outreach Center in the town of Framingham; and provided further, that
not less than $84,879 shall be obligated for a contract with the Puerto
Rican Veterans Association of Massachusetts, Inc., in the city of
Springfield 1,018,615”.
[The Governor reduced the
item to $853,615.]
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 154
members voted in the affirmative and 0 in the negative.
Therefore item 1410-0012
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.
Section 519, which had
been vetoed by the Governor, was considered, as follows:
“SECTION 519. Item
7511-7961 of said section 2 of said chapter 267 is hereby amended by adding
the following words:— ; provided that not less than $300,000 of
the amount appropriated shall be expended for the purpose of conducting
a study to create a master plan that would assess the capital and facility
needs of the T.W. McGee Building and other buildings located on the Lynn
campus of North Shore Community College and that would analyze the feasibility
of allowing North Shore Community College to enter a multi-year agreement
with private entities relative to capital and facility needs at this site.”.
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 519 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 605, which had
been vetoed by the Governor, was considered, as follows:
“SECTION 605. The
division of urban parks and recreation is authorized and directed to prepare
an application to place the former metropolitan parks system on the National
Register of Historic Sites.”.
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 22 in the negative.
Therefore section 605 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.
Motion
to Discharge a Certain Matter in the
Orders of
the Day.
Mr. Rogers of Norwood moved
that so much of the message from His Excellency the Governor returning
with recommendations of amendments 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) as relates to section 39
[for message, see attachment D of House, No. 4006] be discharged from
its position in the Orders of the Day and considered forthwith, under
suspension of Rule 47; and the motion prevailed.
The committee on Bills
in the Third Reading reported, in part, recommending that so much of the
message as relates to section 39 be considered in the following form:
By passage of An Act relative
to the teacher, principal and superintendent qulaity endowment (House,
No. 3966).
The report was accepted.
After remarks on the question
on adoption of the amendment, the Chair (Mrs. Harkins of Needham) interrupted
the pending business and placed before the House the question on suspension
of Rule 1A in order that the House might continue to meet beyond the hour
of nine o’clock P.M.
On the question on suspension
of Rule 1A, the sense of the House was taken by yeas and nays, as required
under the provision of said rule; and on the roll call 112 members voted
in the affirmative and 39 in the negative.
Therefore Rule 1A was suspended.
After further remarks on the question
on adoption of the amendment, the sense of the House was taken by yeas
and nays, at the request of Mr. Evangelidis of Holden; and on the roll
call 153 members voted in the affirmative and 0 in the negative.
Therefore the amendment
was adopted; and the bill was passed. Sent to the Senate for concurrence.
Reports
of a Committee.
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) stand (as passed
by the General Court).
Under suspension of the
rules, in each instance, on motion of the same member, the items 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 4130-0002 (contained
in section 2), which had been vetoed by the Governor, was considered,
as follows:
“4130-0002 For the administration
of the Children’s Trust
Fund 870,557”.
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 140
members voted in the affirmative and 12 in the negative.
Therefore item 4130-0002
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 4130-1000 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“4130-1000 For statewide
neonatal and postnatal home parenting education and home visiting programs
for at-risk newborns to be administered by the Children’s Trust
Fund; provided, that such services shall be made available statewide to
parents under the age of 21 years; and provided further, that notwithstanding
any general or special law to the contrary, priority for such
services shall be given to low-income
parents 12,238,703”.
[The Governor reduced the
item to $5,560,812.]
After debate 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 22 in the negative.
[Ms. Rivera of Springfield
answered “Present” in response to her name.]
Therefore item 4130-1000
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.
Engrossed
Bill — Land Taking.
The engrossed Bill authorizing
the town of Pembroke to exchange a certain parcel of town forest land
for land held for school purposes (see House bill printed in House, No.
3965) (which originated in the House), having been certified by the Clerk
to be rightly and truly prepared for final passage, was put upon its final
passage.
On the question on passing the
bill to be enacted, the sense of the House was taken by yeas and nays
(this being a bill providing for the taking of land or other easements
used for conservation purposes, etc., as defined by Article XCVII of
the Amendments to the Constitution); and on the roll call 151 members
voted in the affirmative and 0 in the negative.
Therefore the bill was
passed to be enacted (more than two-thirds of the members having agreed
to pass the same); and it was signed by the acting Speaker and sent to
the Senate.
Reports
of a Committee.
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) stand (as passed
by the General Court).
Under suspension of the
rules, in each instance, on motion of the same member, the items 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 2810-0100 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“2810-0100 For the operations
of the division of state parks and recreation; provided, that funds appropriated
herein shall be used to operate all of the division’s parks, heritage
state parks, reservations, campgrounds, beaches, and pools, and, for the
oversight of rinks to protect and manage the division’s lands and
natural resources including the forest and parks conservation services
and the bureau of forestry development; provided further, that no funds
from this item shall be made available for payment to true seasonal employees;
provided further, that not less than $100,000 shall be obligated for educational
programming at the Ernestina Commission; and provided further, that the
department is authorized to issue grants to public and non-public
entities from this item 18,264,818”.
[The Governor reduced the
item to $18,164,818 and disapproved the following wording: “; provided
further, that not less than $100,000 shall be obligated for educational
programming at the Ernestina Commission”.]
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 108
members voted in the affirmative and 43 in the negative.
Therefore item 2810-0100
(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.
Subsequently a statement
of Mr. Lantigua of Lawrence 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, due
to a malfunction in the electronic voting machine, on the previous vote
I was recorded as having voted in the negative. Had the machine been operating
properly, I would have been recorded as having voted in the affirmative.
Item 7002-0200 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“7002-0200 For the operation
of the division of occupational safety; provided, that the division may
employ staff not subject to chapter 31 of the General Laws for a program
to evaluate asbestos levels in public schools and other public buildings;
and provided further provided, that funds shall be expended from this
item for the GG subsidiary costs of the board of conciliation and arbitration,
the division of apprentice training, the labor relations commission and
the division
of occupational safety 2,371,669”.
[The Governor reduced the
item to $2,218,869.]
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
130 members voted in the affirmative and 22 in the negative.
Therefore item 7002-0200
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.
Engrossed Bill —
State Loan.
Mr. Tobin of Quincy having
taken the Chair,—
The engrossed Bill providing
for an accelerated transportation development and improvement program
for the Commonwealth (see House, No. 3914) (which originated in the House),
having been certified by the Clerk to be rightly and truly prepared for
final passage, was put upon its final passage.
On the question on passing
the bill to be enacted, the sense of the House was taken by yeas and nays
(this being a “loan” bill as defined by Section 3 of Article
LXII of the Amendments to the Constitution); and on the roll call 150
members voted in the affirmative and 0 in the negative.
Therefore the bill was
passed to be enacted; and it was signed by the acting Speaker and sent
to the Senate.
Reports of a Committee.
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, in each instance, on motion of the same member, 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 673, which had
been vetoed by the Governor, was considered, as follows:
“SECTION 673. A person
who has been in the state retirement system for more than 35 years, with
at least 10 or more of those years in the employment of the Massachusetts
Water and Resources Administration; who, in the course of his state employment
was exposed to asbestos or other hazardous materials; and who has been
diagnosed with an extraneously cancer related illness as well as an extraneously
cardio-vascular cardiac related illness, shall be eligible for early retirement
with surviving spouse benefits at a compensation rate equivalent to his
current salary, if the individual makes application for an early retirement
on or before December 31, 2003.”.
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 103
members voted in the affirmative and 47 in the negative.
Therefore section 673 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 306, which had
been vetoed by the Governor, was considered, as follows:
“SECTION 306. Chapter
112 of the General Laws is hereby amended by inserting after section 39B
the following section: —
Section 39C. The board
may, upon application, made in such manner and form as it shall determine,
register an establishment for transacting business as a long-term care
pharmacy or home fusionist pharmacy, and issue to such entity as it deems
qualified to conduct long-term care pharmacy or home fusionist, a permit
to operate. The board may deny such registration and refuse to issue such
permit, if, in its reasonable discretion, such entity would be inconsistent
with or opposed to the best interests of the public health, welfare or
safety, but no such registration shall be made or permit issued in the
case of a corporation, as defined in section 30 of chapter 63 unless it
shall appear to the satisfaction of the board that the management of such
entity is controlled solely by a registered pharmacist. Such permit shall
expire on December 31 of each uneven numbered year following the date
of its issue, and the fee therefor, shall be determined annually by the
commissioner of administration under section 3B of chapter 7. The board,
in consultation with the department of public health shall promulgate
regulations pertaining to the operation of long-term care and home fusionist
pharmacies in the commonwealth subject to section 2 of chapter 30A. Said
board shall determine which regulations, applicable to a retail drug business
under section 39 shall apply to long-term care or home fusionist pharmacies.
The board shall, within 150 days after the filing of an application, render
a final decision denying or allowing registration. Failure to render such
decision, except when such failure to act is caused by the delay of the
applicant, shall constitute an approval of the application and permit
shall be issued. For the purposes of this section, the term long-term
care pharmacy shall mean a pharmacy which dispenses pharmaceuticals, sterile
intravenous drugs and nutritional products ordered by physicians to patients
in nursing homes, assisted living facilities, hospice programs and similar
institutional sites of care. For the purposes of this section, the term
home fusionist pharmacy shall mean a pharmacy which dispenses sterile
intravenous drugs ordered by physicians to patients in their homes.”.
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 129
members voted in the affirmative and 22 in the negative.
Therefore section 306 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 607, which had
been vetoed by the Governor, was considered, as follows:
“SECTION 607. There
shall be a house and senate working group to develop legislation to reform
chapter 70 of the General Laws. The working group shall be made up of
the president of the senate or his designee, the speaker of the house
or his designee, the senate and house chairs of the joint committee on
education, arts and humanities, the chairs of the senate and house committees
on ways and means and the minority leaders of the senate and house, or
their designees. The working group shall address matters including but
not limited to aid and required local contributions determined under chapter
70 and shall consider how best to allocate state funds equitably to cities,
towns, and regional school districts. The working groups shall consider
the appropriate balance of property value and income measures in setting
local spending requirements, and shall recommend ways to reduce arbitrary
discrepancies in required local contributions and state aid levels of
similar districts. The working group shall draw on the expertise of interested
parties including but not limited to representatives of the department
of education and organizations representing educators, school administrators,
and local officials. The working group shall submit recommended legislation
to the joint committee on education, arts, and humanities on or before
October 9, 2003.”.
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 136
members voted in the affirmative and 16 in the negative.
Therefore section 607 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 5047-0002 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“5047-0002 Notwithstanding
any general or special law to the contrary, the department may expend
revenues on continuing care services in the community in an amount not
to exceed $4,500,000 from increased federal reimbursements collected for
services rendered in emergency programs and acute inpatient and diversionary
settings; provided, that not less than an additional $2,500,000 from the
reimbursements shall be deposited in the General Fund by the close of
fiscal year 2004; provided further, that upon such deposit, the secretary
of administration and finance shall certify in writing to the house and
senate committees on ways and means that the amount has been deposited
into the General Fund; provided further, that for the purpose of accommodating
discrepancies between the receipt of retained revenues and related expenditures,
the department may incur expenses and the comptroller may certify for
payment amounts not to exceed the lower of this authorization or the most
recent revenue estimate as reported in the state accounting system; and
provided further, that the department shall submit a report to the house
and senate committees on ways and means not later than February 3, 2004
detailing the use of any funds encumbered or expended from this item including,
but not limited to, the number of clients served, the types of services
purchased by region and the annualized impact of the expenditures in the
subsequent fiscal year 4,500,000.
[The Governor reduced the
item by striking out the following wording: “; provided, that not
less than an additional $2,500,000 from the reimbursements shall be deposited
in the General Fund by the close of fiscal year 2004; provided further,
that upon such deposit, the secretary of administration and finance shall
certify in writing to the house and senate committees on ways and means
that the amount has been deposited into the General Fund” and “;
and provided further, that the department shall submit a report to the
house and senate committees on ways and means not later than February
3, 2004 detailing the use of any funds encumbered or expended from this
item including, but not limited to, the number of clients served, the
types of services purchased by region and the annualized impact of the
expenditures in the subsequent fiscal year”.]
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
129 members voted in the affirmative and 22 in the negative.
Therefore item 5047-0002
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.
Item 4180-0100 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“4180-0100 For the maintenance
and operation of the Soldiers’ Home in Massachusetts located in
the city of Chelsea, including a specialized unit for the treatment of
Alzheimer’s disease patients; provided, that graduates from the
LPN school of nursing shall be required to work in state operated facilities
for a minimum duration of one
year 22,692,947”.
[The Governor reduced the
item to $22,442,947.]
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
135 members voted in the affirmative and 17 in the negative.
Therefore item 4180-0100
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 2000-0100 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“2000-0100 For the office
of the secretary, including the water resources commission, the hazardous
waste facility site safety council, the coastal zone management program,
environmental impact reviews conducted pursuant to chapter 30 of the General
Laws, the mosquito-borne disease vector control chapter program, and a
central data processing center for the secretariat; provided, that the
secretary of environmental affairs may enter into interagency agreements
with any line agency within the secretariat, whereby the line agency may
render data processing services to said secretary, provided further, that
the comptroller may allocate the costs for such data processing services
to the several state and other funds to which items of appropriation of
such agencies are charged; provided further, that said secretary shall
file a plan with the house and senate committees on ways and means 20
days before entering into any interdepartmental service agreements with
any of the departments or divisions under said secretariat or any department,
division or office under the executive office of administration and finance;
provided, that the parkways, boulevards, roadways, bridges and related
appurtenances under the care and custody of the metropolitan district
commission in fiscal year 2003 shall remain solely under the jurisdiction,
custody and care of the division of urban parks and recreation under the
executive office of environmental affairs; provided further, that said
plan shall detail the purposes of, reasons for, and amounts of said agreements;
provided further, that funds may be expended for volunteer water monitoring
grants; and provided further, that funds
may be expended on the watershed
initiative 6,236,022”.
[The Governor reduced the
item by striking out the following wording: “; provided further,
that said secretary shall file a plan with the house and senate committees
on ways and means 20 days before entering into any interdepartmental service
agreements with any of the departments or divisions under said secretariat
or any department, division or office under the executive office of administration
and finance; provided, that the parkways, boulevards, roadways, bridges
and related appurtenances under the care and custody of the metropolitan
district commission in fiscal year 2003 shall remain solely under the
jurisdiction, custody and care of the division of urban parks and recreation
under the executive office of environmental affairs; provided further,
that said plan shall detail the purposes of, reasons for, and amounts
of said agreements”.]
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
130 members voted in the affirmative and 22 in the negative.
Therefore item 2000-0100
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 4510-0720 (contained
in section 2), which had been vetoed by the Governor, was considered,
as follows:
“4510-0720 For a scholarship
program for certified nurses’ aide and direct care worker training;
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 the department shall establish appropriate
guidelines and application criteria for the administration of the program;
provided further, that the scholarships shall cover the full cost of tuition
to an approved certified nurses’ aide or long-term care direct worker
training program, including approved programs providing for cross-training;
provided further, that funds may also be available to provide adult basic
education and English as a second language training for applicants otherwise
meeting criteria for the scholarships, as well as pilot training programs
using enhanced curricula designed to support increased retention; provided
further, that the department, shall in consultation with the nursing home
industry, consumer groups, the department of labor and workforce development,
Commonwealth Corporation, training providers and other appropriate state
and local agencies, conduct outreach regarding the availability of such
scholarships; provided further, that the department shall consult with
the scholarship program advisory council and the extended care career
ladder initiative to review and recommend new training requirements for
certified nurses’ aides, home health aides and home care workers
to improve the quality of the direct care workforce and the quality of
care provided in all long-term care settings by developing skill standards,
supporting the transition from training to work, improving retention,
promoting portability, recognizing career advancement curricula and addressing
language and education barriers; and provided further, that costs for
outreach activities shall not exceed 3 per cent of the amount appropriated
herein and administrative costs of the program shall not exceed 3 per
cent of the amount appropriated
herein 250,000”.
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
130 members voted in the affirmative and 21 in the negative.
Therefore item 4510-0720
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 9110-9002 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“9110-9002 For the local
services program for grants to the councils on aging and for grants to
or contracts with non-public entities which are consortia or associations
of councils on aging; provided, that notwithstanding the foregoing, all
monies appropriated in this item shall be expended in accordance with
the distribution schedules for formula and incentive grants established
by the secretary; and provided further, that such distribution schedules
shall be submitted to the house and senate committees on ways and
means 5,900,000”.
[The Governor reduced the
item to $5,310,000.]
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
151 members voted in the affirmative and 0 in the negative.
Therefore item 9110-9002
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.
Message from the Governor
— Veto.
A message from His Excellency
the Governor returning with his objections thereto in writing the engrossed
Bill relative to territorial jurisdiction of district courts [see House,
No. 3962] (for message, see House, No. 3967) was filed in the Office of
the Clerk during today’s session.
The message was read; and,
under the provisions of Article II of Section I of Chapter I of the Constitution,
the House proceeded to “reconsider” the said bill.
The question on passing
the bill, notwithstanding the said objections, was determined by the yeas
and nays, as required by Chapter I, Section I, Article II, of the Constitution;
and on the roll call 130 members voted in the affirmative and 21 in the
negative.
Therefore the bill was
passed, notwithstanding the objections of His Excellency the Governor
(more than two-thirds of the members having voted in the affirmative).
Sent to the Senate for its action.
Reports
of a Committee.
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 section 13 and item 0339-2100 (contained in section 2)
stand (as passed by the General Court).
Under suspension of the
rules, in each instance, on motion of the same member, said section and
item 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 13, which had been
vetoed by the Governor, was considered, as follows:
“SECTION 13. Section
202 of said chapter 6, as appearing on the 2000 Official Edition, is hereby
amended by adding the following paragraph:—
Notwithstanding any general
or special law to the contrary, the office of children, youth and family
services within the executive office of health and human services shall
facilitate the implementation of this section, section 203 and the Children’s
Trust Fund but shall not exercise any supervision or control with respect
to the board.”.
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
124 members voted in the affirmative and 26 in the negative.
Therefore section 13 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 0339-2100 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“0339-2100 For the office
of jury commissioner in accordance with chapter 234A of the General Laws;
provided, that said office shall be located at the Charlestown division
of the Boston municipal
court 1,918,124”.
[The Governor reduced the
item by striking out the following wording: “; provided, that said
office shall be located at the Charlestown division of the Boston municipal
court”.]
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 22 in the negative.
Therefore item 0339-2100
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.
Emergency Measure.
The engrossed Bill relative
to the teacher, principal and superintendent quality endowment fund (see
House, No. 3966), 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 56 to 0. Sent to the Senate for concurrence.
Subsequently, the Senate
having concurred in adoption of the emergency preamble, the bill (which
originated in the House) (which had been returned by His Excellency the
Governor with recommendation of amendment) was put upon its final passage.
On the question on passing the
bill to be re-enacted, the sense of the House was taken by yeas and
nays, at the request of Mr. Peterson of Grafton; and on the roll call
151 members voted in the affirmative and 0 in the negative.
Therefore the bill was
passed to be re-enacted; and it was signed by the acting Speaker and sent
to the Senate.
Reports of a Committee.
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) stand (as passed
by the General Court).
Under suspension of the
rules, in each instance, on motion of the same member, the items 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 0332-6300 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“0332-6300 For the district
court of Chelsea; provided, that notwithstanding the provisions of any
general or special law to the contrary, said district court shall be the
permanent location for the northern trial session to handle six person
jury cases; provided further, that all personnel within said district
court whose duties relate to said northern trial session shall report
to the clerk magistrate of said district court; and provided further,
that the clerk magistrate shall utilize whatever space within the facility
at-large he deems necessary to comply with S.J.C. Rule
3:12, Canon 3(A)6 781,820”.
[The Governor reduced the
item by striking out the following wording: “; provided, that notwithstanding
the provisions of any general or special law to the contrary, said district
court shall be the permanent location for the northern trial session to
handle six person jury cases; provided further, that all personnel within
said district court whose duties relate to said northern trial session
shall report to the clerk magistrate of said district court; and provided
further, that the clerk magistrate shall utilize whatever space within
the facility at-large he deems necessary to comply with S.J.C. Rule 3:12,
Canon 3(A)6”.]
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 22 in the negative.
Therefore item 0332-6300
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 0332-3800 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“0332-3800 For the district
court of eastern Hampshire at
Ware 161,045”.
[The Governor reduced the
item to $40,261.]
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 22 in the negative.
Therefore item 0332-3800
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 0332-7200 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“0332-7200 For the district
court of Winchendon 134,005”.
[The Governor reduced the
item to $33,501.]
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 131
members voted in the affirmative and 20 in the negative.
Therefore item 0332-7200
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 0332-7500 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“0332-7500 For the second
district court of eastern Worcester at
Clinton 250,087”.
[The Governor reduced the
item to $62,522.]
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
131 members voted in the affirmative and 20 in the negative.
Therefore item 0332-7500
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 0332-7700 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“0332-7700 For the second
district court of southern Worcester
at Uxbridge 307,603”.
[The Governor reduced the
item to $76,901.]
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 131
members voted in the affirmative and 20 in the negative.
Therefore item 0332-7700
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 0332-3100 (contained
in section 2), which had been reduced by the Governor, was considered,
as follows:
“0332-3100 For the district
court of Orange 273,267”.
[The Governor reduced the
item to $68,317.]
After remarks 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
132 members voted in the affirmative and 19 in the negative.
Therefore item 0332-3100
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.
Adjournment.
Mr. Flynn of Bridgewater
then moved that the House adjourn.
Therefore the motion to
adjourn prevailed.
Accordingly, without proceeding
to consideration of the matters in the Orders of the Day, at nine minutes
before twelve o’clock P.M. (Thursday, July 17) (Mr. Tobin of Quincy
being in the Chair) the House adjourned, to meet on Monday next at eleven
o’clock A.M., in an Informal Session