House Journal, August 18, 2003

Met according to adjournment, at eleven o’clock A.M., in an Informal Session, with Mr. O’Flaherty of Chelsea in the Chair (having been appointed by the Speaker, under authority conferred by Rule 5, to perform the duties of the Chair).

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

God, Our Creator, we place our trust and faith in You and in Your always-available guidance as we consider and evaluate current and possible future legislation and public policy. In these changing and uneasy times of possible terrorist activity and infrastructure break-downs, help us to remain clearly focused on our primary responsibilities and complex challenges. Grant us the wisdom to seek and speak the truth and to propose legislation which is based on accurate data, reality not perception and on the common good. May our own personal and legislative goals and priorities reflect basic human and spiritual values and our traditional religious beliefs.

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

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 validating action taken at an annual town meeting and a special town meeting held in the town of Leicester (House, No. 4123) was filed in the office of the Clerk on Friday, August 15.

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

Mr. Costello of Newburyport presented a petition (accompanied by bill, House, No. 4116) of Michael A. Costello and Steven A. Baddour (by vote of the town) relative to authorizing the town of Salisbury to make an appeal to the Appellate Tax Board; and the same was referred to the committee on Taxation. Sent to the Senate for concurrence.

A Bill designating the chief of police of the town of East Bridgewater as the appointing authority for the police department (Senate, No. 2000) (on a petition) [Local Approval Received], passed to be engrossed by the Senate, was read; and it was referred, under Rule 7A, to the committee on Steering, Policy and Scheduling.

A report of the committee on Public Safety, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 1371) of Pamela P. Resor for legislation to establish an animal control commission within the executive office of public safety, and recommending that the same be referred to the committee on Local Affairs and Regional Government,— accepted by the Senate, was considered forthwith, under Rule 42; and it was accepted, in concurrence.

A petition (accompanied by bill, Senate, No. 2018) of Susan C. Fargo and Susan W. Pope (by vote of the town) for legislation to authorize the town of Lincoln to regulate certain property tax exemption eligibility requirements for the elderly, was referred, in concurrence, to the committee on Taxation.

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 relative to authorizing the town of Braintree to convey certain parcels of land located in said town. Under suspension of the rules, on motion of Mr. Petruccelli of Boston, 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 Edward G. Connolly, other members of the General Court and others that cities and towns be authorized to use certain funds from the sale of public lands. Under suspension of the rules, on motion of Mr. Casey of Winchester, the report was considered forthwith. Joint Rule 12 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. Kujawski of Webster, for the committee on Steering, Policy and Scheduling, that the Senate Bill authorizing the merger of Moby Dick Council, Inc., Boy Scouts of America, into the Narragansett Council, Boy Scouts of America (Senate, No. 1993, amended) be scheduled for consideration by the House.

Under suspension of Rule 7A, on motion of Mr. Rodrigues of Westport, 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 authorizing the town of Milford to issue an additional license for the sale of all alcoholic beverages to be drunk on the premise (House, No. 3878) [Local Approval Received] be scheduled for consideration by the House.

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

At a quarter after eleven o’clock A.M., the Chair (Mr. O’Flaherty of Chelsea) declared a recess until the hour of one o’clock P.M.; and at six minutes after one o’clock the House was called to order with Mr. O’Flaherty in the Chair.

The Chair thereupon declared a further recess until the hour of two o’clock; and at three o’clock the House was called to order with Mr. O’Flaherty in the Chair.

Mr. Rogers of Norwood, for the committee on Ways and Means, on House No. 3884, reported, in part, a Bill making appropriations for fiscal year 2003 to provide for supplementing certain existing appropriations and for certain other activities and projects (House, No. 4124) [Direct Appropriations: $25,137,564.00]. 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. Fagan of Taunton, the bill was read a second time forthwith.

Pending the question on ordering the bill to a third reading, Mr. Rogers moved that it be amended in section 8 by adding at the end thereof the following sentence: “Cities and towns that have set fees in excess of $4 that are in effect on September 1, 2003 may add such excess to the $50 fee established herein.”; in section 9, in lines 2 and 3, by striking out the following: “inserting after the words ‘70 per cent of such premiums and rates’ the following words” and inserting in place thereof the words “adding at the end thereof the following:”; in section 12, in the first paragraph, by striking out the words “are capable of transporting less” and inserting in place thereof the words “are licensed to transport not more”; by striking out section 14 as follows:

“SECTION 14. Cities and towns that have set fees in excess of $4 that are in effect on the effective date of this act may add such excess to the $50 fee established herein.”; and in section 15, in line 1, by striking out the following: “, 8 and 14” and inserting in place thereof the following: “and 8”.

The amendments were adopted; and the bill (House, No. 4214, amended) was ordered to a third reading.

At three minutes after three o’clock P.M., the Chair (Mr. O’Flaherty of Chelsea) declared a recess subject to the call of the Chair; and at ten minutes before four o’clock the House was called to order with Mr. O’Flaherty in the Chair.

Under suspension of the rules, on motion of Mr. Rogers of Norwood, the bill (reported by the committee on Bills in the Third Reading to be correctly drawn, as changed) was read a third time; and it was passed to be engrossed. The bill (House, No. 4124, printed as amended) then was sent to the Senate for concurrence.

At ten minutes before four o’clock P.M., the Chair (Mr. O’Flaherty of Chelsea) declared a recess until a quarter after four o’clock; and at twenty minutes before five o’clock the House was called to order with Mr O’Flaherty in the Chair.

The engrossed Bill making appropriations for fiscal year 2003 to provide for supplementing certain existing appropriations and for certain other activities and projects (see House, No. 4124), 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 16 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 passed to be enacted; and it was signed by the acting Speaker and sent to the Senate.

On motion of Mr. Finneran of Boston,—

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

At five minutes before five o’clock P.M., on motion of Mr. Jones of North Reading (Mr. O’Flaherty of Chelsea being in the Chair) the House adjourned, to meet on Thursday next at eleven o’clock A.M., in an Informal Session.