JOURNAL OF THE HOUSE.
Friday, July 19, 2002.
 
 

Met according to adjournment, at ten o’clock A.M.

Mr. Marini of Hanson asked for a count of the House to ascertain if a quorum was present. The Speaker, 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 107 members were recorded as being in attendance.

[See Yea and Nay No. 389 in Supplement.]

Therefore a quorum was present.

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

Gracious God, each day at the opening of the legislative session, we pause for a moment of prayer to thank You for Your blessings, to praise You for Your goodness and to ask for Your assistance and direction in carrying out our responsibilities. These uncertain political and economic times require of us more wisdom than skills, more reasoned decisions than emotional responses, more accurate information than secondhand reports and more vision than complacency. In coping with the stress and tensions of daily living, may we be strengthened by our faith in You and in the spiritual ways and values which You have given us as means for achieving personal happiness and the purpose for which You have created us.

Bestow Your blessings on the Speaker, the members and employees of this House and their families. Amen.

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

Messages from the Acting Governor.

A message from Her Honor the Lieutenant-Governor, Acting Governor, submitting recommendations for making appropriations for the fiscal year ending June 30, 2003, prior to final action on the General Appropriation Bill for said fiscal year (House, No. 5259) was filed in the office of the Clerk on Thursday, July 18.

The message was read; and it was referred, under Rule 30, with the accompanying draft of a bill, to the committee on Ways and Means.

Subsequently Mr. Rogers of Norwood, for said committee, reported, on the foregoing message, a Bill making certain appropriations for the fiscal year ending June 30, 2003, prior to final action on the General Appropriation Bill for said fiscal year (printed in House, No. 5259), which was read [Total Appropriations: $1,080,000,000.00].

Under suspension of the rules, on motion of Mr. Rogers of Norwood, the bill was read a second and third time forthwith; and it was passed to be engrossed. Sent to the Senate for concurrence.

A message from Her Honor the Lieutenant-Governor, Acting Governor (under the provisions of Section 8 of Article LXXXIX of the Amendments to the Constitution) recommending legislation relative to providing for the office of town clerk-collector-treasurer in the town of Deerfield to be an appointed office (House, No. 5260) was filed in the office of the Clerk on Thursday, July 18.

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

Statement of Representative Ayers of Quincy.

A statement of Mr. Ayers of Quincy was spread upon the records of the House, as follows:

MR. SPEAKER: I would like to call to the attention of the House the fact that I was unable to be present in the House Chamber for a portion of today’s sitting due to official business in another part of the State House. Any roll calls that I may have missed today is due entirely to the reason stated.

Statement of Representative Brown of Wrentham.

A statement of Mr. Brown of Wrentham 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, as previously stated, I was not able to be present in the House Chamber for the sittings of Tuesday last and Wednesday last due to a long-standing family commitment outside of the Commonwealth. Had I been present on Tuesday for the taking of yea and nay number 386, on suspension of the rules, I would have voted in the negative; and for the taking of yea and nay number 387, on adoption of an amendment offered by Mr. Marini of Hanson, et als, I would have voted in the affirmative. Had I been present on Wednesday for the taking of yea and nay number 388, on a motion of Senator Lees to adjourn the Joint Session, I would have voted in the negative. I also will not be present in the House Chamber for the remainder of today’s sitting due to a prior family commitment. If I could be present for the taking of the yeas and nays on passing to be enacted the General Appropriation Bill, I would vote in the negative; and on passing to be enacted the engrossed Bill relative to land use in the town of Plymouth, I would vote in the affirmative.

Statement of Representative Gobi of Spencer.

A statement of Ms. Gobi of Spencer was spread upon the records of the House, as follows:

MR. SPEAKER: I would like to call to the attention of the House the fact that I was unable to be present in the House Chamber for a portion of today’s sitting due to my attendance at a funeral in my district. Any roll calls that I may have missed today is due entirely to the reason stated.

Statement of Representative Kaufman of Lexington.

A statement of Mr. Kaufman of Lexington was spread upon the records of the House, as follows:

MR. SPEAKER: I would like to call to the attention of the House the fact that I will not be present in the House Chamber for the remainder of today’s sitting due to a prior commitment. If I could be present for the taking of the yeas and nays on passing the General Appropriation Bill to be enacted, I would vote in the negative. Any roll calls that I may miss today will be due entirely to the reason stated.

Statement of Representative Petersen of Marblehead.

A statement of Mr. Petersen of Marblehead was spread upon the records of the House, as follows:

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

Statement of Representative Rogers of New Bedford.

A statement of Mr. Rogers of New Bedford was spread upon the records of the House, as follows:

MR. SPEAKER: I would like to call to the attention of the House the fact that I was not present in the House Chamber for a portion of today’s sitting due to being unavoidably detained on my way to the State House. Any roll calls that I may have missed today is due entirely to the reason stated.

Statement of Representative Spilka of Ashland.

A statement of Ms. Spilka of Ashland was spread upon the records of the House, as follows:

MR. SPEAKER: I would like to call to the attention of the House the fact that I was unable to be present in the House Chamber for a portion of today’s sitting due to being in another part of the State House on official business. Any roll calls that I may have missed today is due entirely to the reason stated.

Statement Concerning Representative Story of Amherst.

A statement of Mr. DiMasi of Boston concerning Ms. Story of Amherst 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 Story of Amherst, will not be present in the House Chamber for today’s sitting due to being called out of state to be with her elderly parents. Any roll calls that she may miss today will be due entirely to the reason stated.

Statement of Representative Torrisi of North Andover.

A statement of Mr. Torrisi of North Andover was spread upon the records of the House, as follows:

MR. SPEAKER: I would like to call to the attention of the House the fact that I was not present in the House Chamber for a portion of today’s sitting due to official business in another part of the State House. Any roll calls that I may have missed today is due entirely to the reason stated.

Statement of Representative Wagner of Chicopee.

A statement of Mr. Wagner of Chicopee was spread upon the records of the House, as follows:

MR. SPEAKER: I would like to call to the attention of the House the fact that I was unable to be present in the House Chamber for a portion of today’s sitting due to a previously scheduled commitment in my district. Any roll calls that I may have missed today is due entirely to the reason stated.

Order.

An Order (filed this day by Mr. Caron of Springfield) relative to providing for the establishment of a special committee of the House for the purpose of making an investigation of the impact of the proposed increase in the price of cigarettes and other related matters (House, No. 5262) was referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

Mr. Scaccia of Boston, for the said committees, then reported that the order ought to be adopted. Referred, under Rule 33, to the committee on Ways and Means.

Mr. Rogers of Norwood, for said committee, reported that the order ought to be adopted. Under suspension of Rule 42, on motion of Mr. Caron of Springfield, the order was considered forthwith; and it was adopted.

Petitions.

Petitions severally were presented and referred as follows:

By Mr. Kulik of Worthington, petition (accompanied by bill, House, No. 5263) of Stephen Kulik and Stanley C. Rosenberg (by vote of the town) relative to recall elections in the town of Montague. To the committee on Election Laws.

By Mr. Murphy of Burlington, petition (accompanied by bill, House, No. 5264) of Charles A. Murphy and Robert A. Havern (by vote of the town) relative to the election of town meeting members in the town of Burlington. To the committee on Local Affairs.

By Mr. Smizik of Brookline, petition (accompanied by bill, House, No. 5265) of Deborah Goldberg, Cynthia S. Creem, Ruth B. Balser, Brian Paul Golden and others (by vote of the town) that the licensing authority of the town of Brookline be authorized to extend the hours for the sale of alcoholic beverages to be drunk on the premises on Sundays. To the committee on Government Regulations.

By Mr. Nangle of Lowell, petition (accompanied by bill, House, No. 5266) of David M. Nangle, Kevin J. Murphy, Steven C. Panagiotakos and Thomas A. Golden, Jr. (with the approval of the city council) that the city of Lowell be authorized to appropriate a certain sum of money for the payment of an unpaid bill for certain services rendered to said city. To the committee on Local Affairs.

Severally sent to the Senate for concurrence.

Petitions severally were presented and referred as follows:

By Mr. Asselin of Springfield, petition (subject to Joint Rule 12) of Christopher P. Asselin relative to authorizing the reinstatement of John E. Anderson as a member in service of the state retirement system.

By the same member, petition (subject to Joint Rule 12) of Christopher P. Asselin relative to authorizing the reinstatement of John P. Moylan as a member in service of the state retirement system.

By Mr. Atsalis of Barnstable, petition (subject to Joint Rule 12) of Demetrius J. Atsalis relative to the salary of the clerk-magistrate of the Barnstable District Court.

By Mr. Fallon of Malden, petition (subject to Joint Rule 12) of Christopher G. Fallon for legislation to require an environmental impact report prior to certain proposed construction.

By the same member, petition (subject to Joint Rule 12) of Christopher G. Fallon for legislation to prohibit construction of a certain proposed overpass.

By Mr. Lepper of Attleboro, petition (subject to Joint Rule 12) of John A. Lepper (with the approval of the mayor and city council) that the Secretary of the Commonwealth be directed to place a certain question on the biennial state election ballot in the city of Attleboro in the current year concerning property taxes.

By Mr. Nangle of Lowell, petition (subject to Joint Rule 12) of David M. Nangle, Kevin J. Murphy, Steven C. Panagiotakos and Thomas A. Golden, Jr., for legislation to further regulate certain activities of certain digital television service providers.

By Mr. Straus of Mattapoisett, petition (subject to Joint Rule 12) of William M. Straus and Marc R. Pacheco relative to authorizing Richard W. Angle and Jean H. Angle to construct and maintain a stone pier in Wings Cove in the town of Marion.

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

Reports of Committees.

By Mr. Kujawski of Webster, for the committee on Steering, Policy and Scheduling, that the House Bill authorizing the city of Lowell to pay a certain unpaid bill (House, No. 5112) [Local Approval Received] be scheduled for consideration by the House.

Under suspension of Rule 7A, on motion of Mr. Nangle of Lowell, 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 voting precinct for the city of Chicopee (House, No. 5178) [Local Approval Received] be scheduled for consideration by the House.

Under suspension of Rule 7A, on motion of Mr. Bosley of North Adams, 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 following matters be scheduled for consideration by the House:

Senate bills

Protecting consumers against additional charges resulting from new area codes (Senate, No. 433);

To allow access for people raising or training dogs for the purpose of becoming service dogs to assist people with disabilities (Senate, No. 1585);

Creating the crime of reckless endangerment to children (Senate, No. 2340); and

Relative to aggravated assault and assault and battery on a child (Senate, No. 2365); and

House bills

To clarify the inclusion of guaranteed products issued out of life insurance company separate accounts (printed as Senate, No. 746);

Relative to the charter of the town of Provincetown (House, No. 5057) [Local Approval Received];

Relative to the forming of a municipal golf course in the town of Bridgewater (House, No. 5094) [Local Approval Received]; and

Relative to the membership of the conservation commission of the town of Marion (House, No. 5113) [Local Approval Received];

Severally placed in the Orders of the Day for the next sitting for a second reading.

Emergency Measure.

The engrossed Bill authorizing the Commonwealth to convey certain land in the city of Boston (see House, No. 5083), 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 49 to 0. Sent to the Senate for concurrence.

Engrossed Bills.

Engrossed bills

Relative to liquor liability insurance (see House, No. 1787, amended);

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

Relative to the taxation of certain personal property (see House, No. 4442, amended);

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

Making certain appropriations for the fiscal year ending June 30, 2003, prior to final action on the General Appropriation Bill for said fiscal year (see House bill printed in House, No. 5259);

(Which severally originated in the House);

Severally having been certified by the Clerk to be rightly and truly prepared for final passage, were passed to be enacted; and they were signed by the Speaker and sent to the Senate.

Motions to Discharge Certain Matters in the Orders of the Day.

Mr. Rogers of Norwood moved that the report (in part) of the committee of conference on the disagreeing votes of the two branches with reference to the Senate amendment of the House Bill making appropriations for the fiscal year 2003 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 (House, No. 5101), a Bill enhancing state revenues (House, No. 5250), be discharged from its position in the Orders of the Day and considered forthwith, under suspension of Rule 47.

On the question on suspension of Rule 47, the sense of the House was taken by yeas and nays, at the request of Mr. Marini of Hanson; and on the roll call 118 members voted in the affirmative and 22 in the negative.

[See Yea and Nay No. 390 in Supplement.]

Therefore Rule 47 was suspended.

After debate on the question on acceptance of the report, the sense of the House was taken by yeas and nays, at the request of Mr. Marini; and on the roll call 122 members voted in the affirmative and 28 in the negative.

[See Yea and Nay No. 391 in Supplement.]

Therefore the report of the committee of conference was accepted. The report then was sent to the Senate for concurrence.

Mr. Rogers of Norwood moved that the report (in part) of the committee of conference on the disagreeing votes of the two branches with reference to the Senate amendment of the House Bill making appropriations for the fiscal year 2003 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 (House, No. 5101), a Bill making appropriations for the fiscal year 2003 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 (House, No. 5300), be discharged from its position in the Orders of the Day and considered forthwith, under suspension of Rule 47.

On the question on suspension of Rule 47, the sense of the House was taken by yeas and nays, at the request of Mr. Peterson of Grafton; and on the roll call (Mr. Tobin of Quincy being in the Chair) 123 members voted in the affirmative and 25 in the negative.

[See Yea and Nay No. 392 in Supplement.]

Therefore Rule 47 was suspended.

After debate on the question on acceptance of the report, at nineteen minutes after two o’clock P.M., the Chair (Mr. Tobin) declared a recess until a quarter before three o’clock; and at a seventeen minutes after three o’clock the House was called to order with the Speaker in the Chair.

Pending the question on acceptance of the report, Mr. Marini of Hanson asked for a count of the House to ascertain if a quorum was present. The Speaker, 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 143 members were recorded as being in attendance.

[See Yea and Nay No. 393 in Supplement.]

Therefore a quorum was present.

On the question on acceptance of the report, the sense of the House was taken by yeas and nays, at the request of Mr. Marini; and on the roll call 119 members voted in the affirmative and 31 in the negative.

[See Yea and Nay No. 394 in Supplement.]

Therefore the report of the committee of conference was accepted. The report then was sent to the Senate for concurrence.

Mr. Greene of Billerica moved that the House Bill regulating telemarketing solicitation (House, No. 5225), 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.

Mr. Correia of Fall River moved that the House Bill relative to the implementation of a housing improvement plan in the city of Fall River (House, No. 4971), 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.

Emergency Measure.

The engrossed Bill relative to the enhancement of revenues in the Commonwealth (see House, No. 5250), 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.

On the question on adoption of the emergency preamble, the sense of the House was taken by yeas and nays, at the request of Mr. Marini of Hanson; and on the roll call 124 members voted in the affirmative and 24 in the negative.

[See Yea and Nay No. 395 in Supplement.]

Therefore the emergency preamble was adopted. Sent to the Senate for concurrence.

Engrossed Bills — Land Takings.

The engrossed Bill authorizing the Metropolitan District Commission to grant certain easements for underground electric transmission cables (see Senate, No. 625) (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 150 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 396 in Supplement.]

Therefore the bill was passed to be enacted; and it was signed by the Speaker and sent to the Senate.

The engrossed Bill authorizing the town of Andover to convey land to the Andover Village Improvement Society (see Senate, No. 1046, 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 150 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 397 in Supplement.]

Therefore the bill was passed to be enacted; and it was signed by the Speaker and sent to the Senate.

The engrossed Bill authorizing the city known as the town of Agawam to use certain park land for school purposes (see House, No. 3766) (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 149 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 398 in Supplement.]

Therefore the bill was passed to be enacted; and it was signed by the Speaker and sent to the Senate.

The engrossed Bill authorizing the Division of Capital Asset Management and Maintenance to transfer certain parcels of land in the town of Medfield (see House, No. 4108, 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 148 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 399 in Supplement.]

Therefore the bill was passed to be enacted; and it was signed by the Speaker and sent to the Senate.

The engrossed Bill relative to Mini-Fenway Park, Inc. (see House, No. 4362, 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 149 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 400 in Supplement.]

Therefore the bill was passed to be enacted; and it was signed by the Speaker and sent to the Senate.

The engrossed Bill authorizing the town of Canton to grant an easement to the town of Stoughton (see House, No. 5143) (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 150 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 401 in Supplement.]

Therefore the bill was passed to be enacted; and it was signed by the Speaker and sent to the Senate.

Engrossed Bill.

The engrossed Bill relative to the enhancement of revenues in the Commonwealth (see House, No. 5250) (which originated in the House), in respect to which the Senate had concurred in adoption of the emergency preamble, 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, at the request of Mr. Jones of North Reading; and on the roll call 122 members voted in the affirmative and 28 in the negative.

[See Yea and Nay No. 402 in Supplement.]

Therefore the bill was passed to be enacted; and it was signed by the Speaker and sent to the Senate.

Recess.

At half past five o’clock P.M., the Speaker declared a recess subject to the call of the Chair; and at four minutes after seven o’clock P.M., the House was called to order.

Emergency Measure.

The engrossed Bill making appropriations for the fiscal year 2003 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. 5300), 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 12 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) 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, at the request of Mr. Jones of North Reading; and on the roll call 120 members voted in the affirmative and 25 in the negative.

[See Yea and Nay No. 403 in Supplement.]

Therefore the bill was passed to be enacted; and it was signed by the Speaker and sent to the Senate.

Subsequently a statement of Mr. Merrigan of Greenfield 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 affirmative. Had the machine been operating properly, I would have been recorded as having voted in the negative.

Engrossed Bill — Land Taking.

The engrossed Bill authorizing the town of Plymouth to use certain land for public way purposes (see House, No. 4865) (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 144 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 404 in Supplement.]

Therefore the bill was passed to be enacted; and it was signed by the Speaker and sent to the Senate.

Order.

On motion of Mr. Coppola of Foxborough,—

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

Mr. Miceli of Wilmington then moved that the House adjourn; and the motion prevailed. Accordingly, without proceeding to consideration of the matters in the Orders of the Day, at ten minutes before eight o’clock P.M. (the Speaker being in the Chair) the House adjourned, to meet on Monday next at eleven o’clock A.M.