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