JOURNAL OF THE HOUSE.
Thursday, September 4, 2003.
 
 
Met according to adjournment, at eleven o’clock A.M., in an Informal Session, with Mr. O’Brien of Kingston 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:
Eternal God, as a people and a nation, we place our trust in You, Our Creator. We believe that Your assistance is available to us in good times and in stressful times for we live every moment of the day in Your presence. In addressing and resolving our daily tasks and obligations, Your gift of wisdom, which You offer to us, enables us to make select, wise and reasonable options in personal and legislative matters. Inspire us to unite people of goodwill and all segments of society in building confidence in our basic institutions, in our traditional human principles and in the reasonableness of the golden rule. A civil, safe and violence free society depends upon our commitment to fairness, justice and integrity.
Bestow Your blessings on the Speaker, the members and employees of this House and their families. Amen.
At the request of the Chair (Mr. O’Brien), the members, guests and employees joined with him in reciting the pledge of allegiance to the flag.

Silent Prayer.

At the request of Mr. Kulik of Worthington, the members, guests and employees stood in a moment of silent prayer in memory of Army Sergeant Gregory A. Belanger. Sergeant Belanger was killed in Iraq last week when his unit came under attack. Sergeant Belanger was twenty-four years old, and a native of Deerfield, Massachusetts.

Messages 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 validating the proceedings of the annual town meeting in the town of Palmer (House, No. 4141) was filed in the office of the Clerk on Wednes­day, September 3.
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.

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 the action taken at a special town meeting held by the town of Rockland (House, No. 4142) was filed in the office of the Clerk on Wednes­day, September 3.
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.

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 a certain vote taken by the town of Wrentham (House, No. 4143) was filed in the office of the Clerk on Wednesday, September 3.
The message was read; and it was referred, on motion of Mr. Brown of Wrentham, with the accompanying draft of a bill, to the committee on Rules.
Mr. Scaccia of Boston, for said committee on Rules, on the foregoing message, then reported, a Bill validating a certain vote taken by the town of Wrentham (printed in House, No. 4143). 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. Brown, the bill was read a second time forthwith; and it was ordered to a third reading.
Subsequently, under suspension of the rules, on further motion of the same member, the the bill, 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 Representatives Casey of Winchester and Donovan of Woburn) congratulating the town of Stoneham on its celebration of twenty years of Town Day;
Resolutions (filed by Messrs. Golden of Boston and Honan of Boston) congratulating Leo and Mildred Buckley on the occasion of their fiftieth wedding anniversary;
Resolutions (filed by Mr. Keenan of Southwick) honoring the observance of Down Syndrome Awareness month;
Resolutions (filed by Mr. Smizik of Brookline) congratulating Barbara J. Shea on receiving the Robert I. Spencer Award; and
Resolutions (filed by Mr. Straus of Mattapoisett and other members of the House) relative to certain elements of the Clean Air Act;
Mr. Scaccia of Boston, for the committee on Rules, reported, in each instance, that the resolutions ought to be adopted. Under suspension of the rules, in each instance, on motion of Mr. Smizik, the resolutions (reported by the committee on Bills in the Third Reading to be correctly drawn) were considered forthwith; and they were adopted.

Petitions.

Petitions severally were presented and referred as follows:
By Mr. Miceli of Wilmington, petition (accompanied by bill, House, No. 4145) of James R. Miceli, Susan C. Tucker and Barry R. Finegold (by vote of the town) relative to the election and term of the board of health in the town of Tewksbury; and
By Mr. Ruane of Salem, petition (accompanied by bill, House, No. 4146) of J. Michael Ruane (with the approval of the mayor and city council) relative to the use of alternative measures to notify voters of proposed charter questions in the city of Salem;
Severally to the committee on Election Laws.
By Mr. Driscoll of Braintree, petition (accompanied by bill, House, No. 4147) of Joseph R. Driscoll, Brian A. Joyce and Michael W. Morrissey (by vote of the town) relative to assessing a fee for the transfer of alcoholic beverage licenses in the town of Braintree; and
By Mr. Straus of Mattapoisett, petition (accompanied by bill, House, No. 4148) of William M. Straus and Mark C. Montigny (by vote of the town) that the licensing authority of the town of Fairhaven be authorized to issue an additional license for the sale of all alcoholic beverages to be drunk on the premises to HP Cooking, Inc;
Severally to the committee on Government Regulations.
By Mr. Driscoll of Braintree, petition (accompanied by bill, House, No. 4149) of Joseph R. Driscoll, Brian A. Joyce and Micheal W. Morrissey (by vote of the town) relative to abolishing the Beautification Fund and transfer monies to the Stabilization Fund in the town of Braintree;
By Ms. Gifford of Wareham, petition (accompanied by bill, House, No. 4150) of Susan Williams Gifford and Marc R. Pacheco (by vote of the town) that the town of Wareham be authorized to use certain park land for sewer purposes;
By Mr. Jones of North Reading, petition (accompanied by bill, House, No. 4151) of Bradley H. Jones, Jr., Richard Tisei and Carol A. Donovan (by vote of the town) prohibiting certain vehicles from West Street in the town of Reading;
By Mr. Kulik of Worthington, petition (accompanied by bill, House, No. 4152) of Stephen Kulik and Stanley C. Rosenberg (by vote of the town) relative to the construction of an elementary school in the town of Sunderland; and
By Mr. Petersen of Marblehead, petition (accompanied by bill, House, No. 4153) of Douglas W. Petersen and Thomas M. McGee (by vote of the town) relative to the old and historic districts commission in the town of Marblehead;
Severally to the committee on Local Affairs and Regional Government.
By Mr. Driscoll of Braintree, petition (accompanied by bill, House, No. 4154) of Joseph R. Driscoll and Micheal W. Morrissey (by vote of the town) relative to room occupancy excises in the town of Braintree. To the committee on Taxation.
Severally sent to the Senate for concurrence.

Petitions severally were presented and referred as follows:
By Mr. Atsalis of Barnstable, petition (subject to Joint Rule 12) of Demetrius J. Atsalis and Robert A. O’Leary relative to the retirement allowance of Louis Cataldo, a retired chief of the Dennis Police Department.
By Ms. Blumer of Framingham (by request), petition (subject to Joint Rule 12) of Robert S. Edwards relative to establishing a bicycle safety fund.
By Mr. Bradley of Hingham, petition (subject to Joint Rule 12) of Garrett J. Bradley, Shirley Gomes and Eric Turkington relative additional charter school tuition charges.
By Ms. Callahan of Sutton, petition (subject to Joint Rule 12) of Joesph Deliso and Jennifer M. Callahan relative to providing liens for metal molders.
By the same member (by request), petition (subject to Joint Rule 12) of George Cressman relative to establishing a surcharge horse owners fee for equine waste management.
By Mr. Connolly of Everett, petition (subject to Joint Rule 12) of Edward G. Connolly relative to a motor vehicle excise exemption to members of the Armed Forces on active duty.
By Mr. Donato of Medford, petition (subject to Joint Rule 12) of Paul J. Donato relative to the Mystic Valley Development Com­mission.
By Mr. Driscoll of Braintree, petition (subject to Joint Rule 12) of Joseph R. Driscoll for legislation to authorize the Department of Retardation to establish a sick leave bank for Shirley Morrow, an employee of said department.
By the same member (by request), petition (subject to Joint Rule 12) of Sharon Grady-McKay for legislation to authorize the Teachers’ Retirement Board to grant certain creditable service to Sharon Grady-McKay.
By Ms. Gifford of Wareham, petition (subject to Joint Rule 12) of Susan Williams Gifford for legislation to designate a certain section of Route 58 in the town of Wareham as the Walter E. Rowley Connector.
By Mrs. Gomes of Harwich (by request), petition (subject to Joint Rule 12) of Phyllis Sands and another relative to prescription fees by veterinarians.
By Mr. Honan of Boston, petition (subject to Joint Rule 12) of Kevin G. Honan that the Registrar of Motor Vehicles be authorized to issue distinctive license plates Massachusetts Cultural Council for the establishment of a fund promoting education and the arts.
By Mr. Hynes of Marshfield, petition (subject to Joint Rule 12) of Frank M. Hynes relative to disabled veterans retaining rank in civil service.
By Mr. Jones of North Reading, petition (subject to Joint Rule 12) of Bradley H. Jones, Jr., and other members of the General Court relative to fees to obtain a marriage license.
By Mr. LeDuc of Marlborough, petition (subject to Joint Rule 12) of Stephen P. LeDuc that the Division of Capital Asset Management and Maintenance be authorized to transfer certain parcels of land in the town Marlborough.
By the same member, petition (subject to Joint Rule 12) of Stephen P. LeDuc and other members of the House relative to establishing a firearm identification card for peper spray.
By Mr. Linsky of Natick, petition (subject to Joint Rule 12) of David P. Linsky and other members of the General Court relative to repealing the fees to obtain a certificate of blindness.
By Mr. Murphy of Burlington, petition (subject to Joint Rule 12) of Charles A. Murphy, Jr., that the Registrar of Motor Vehicles be authorized to issue a distinctive motorcycle safety registration plate.
By Mr. Murphy of Weymouth (by request), petition (subject to Joint Rule 12) of Robert Casimino relative to applicants for a learner’s permit or a driver’s license to provide a social security number.
By Mrs. Parente of Milford, petition (subject to Joint Rule 12) of Marie J. Parente that the Registrar of Motor Vehicles be authorized to issue distinctive state college fund license plates for the establishment of said fund.
By Mrs. Pope of Wayland, petition (subject to Joint Rule 12) of Susan W. Pope, Michael J. Coppola and Susan C. Fargo providing for a board of registration of barbers and cosmetologists.
By Mr. Rodrigues of Westport, petition (subject to Joint Rule 12) of Michael J. Rodrigues and other members of the General Court relative to requiring health insurance plans to provide diagnosis and treatment of Lyme disease.
By Ms. Story of Amherst, petition (subject to Joint Rule 12) of Ellen Story, Gale D. Candaras, Cheryl A. Rivera, Stephen J. Buoniconti, Christopher P. Asselin and Mary S. Rogeness relative to authorizing the State Retirement Board to retire Robert Emmet Fiztgerald, a former State Police officer injured in the line of duty.
By Mr. Timilty of Milton, petition (subject to Joint Rule 12) of Walter F. Timilty relative to the use of the Neponset Valley Parkway in the town of Milton.
By the same member, petition (subject to Joint Rule 12) of Walter F. Timilty for legislation to designate a certain overpass in the town of Milton as the Private First Class Paul W. Curran Memorial Overpass.
By Mrs. Walrath of Stow, petition (subject to Joint Rule 12) of Patricia A. Walrath, Stephen P. LeDuc and Pamela P. Resor relative to the submitting of financial statements by public charities.
Severally, under Rule 24, to the committee on Rules.

Papers from the Senate.

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, Senate, No. 1938) of Susan C. Tucker, James R. Miceli and Barry R. Finegold (by vote of the town) for legislation to authorize the town of Tewksbury and the Tewksbury Conservation Commission to convey certain easements to Tennessee Gas Pipeline Company in the town of Tewksbury;
Petition (accompanied by bill, Senate, No. 1947) of Stephen M. Brewer and Reed V. Hillman (by vote of the town) for legislation to authorize the town of Palmer to establish a special revenue fund;
Petition (accompanied by bill, Senate, No. 1948) of Therese Murray (by vote of the town) for legislation to authorize the town of Pembroke to exchange a parcel of town forest land for land held for school purposes;
Petition (accompanied by bill, Senate, No. 1952) of Robert A. Antonioni (by vote of the town) for legislation to authorize the town of Lunenburg to convey a certain parcel of land to Erling Hanson and Lucy Hanson in exchange for certain land;
Petition (accompanied by bill, Senate, No. 1955) of Robert A. Havern, J. James Marzilli, Jr., Jay R. Kaufman and Anne M. Paulsen (by vote of the town) for legislation to authorize the town of Arlington to enact a by-law to protect places of special cultural, architectural and historical significance;
Petition (accompanied by bill, Senate, No. 1979) of Susan C. Fargo and Charles A. Murphy (by vote of the town) for legislation to authorize the town of Bedford to lease a certain parcel of land for affordable housing;
Petition (accompanied by bill, Senate, No. 1981) of Pamela P. Resor, James B. Eldridge and Cory Atkins (by vote of the town) for legislation to authorize the Board of Selectmen of Acton to lease a certain parcel of land for construction of a private parking facility; and
Petition (accompanied by bill, Senate, No. 1982) of Pamela P. Resor, James B. Eldridge and Cory Atkins (by vote of the town) for legislation to authorize the Board of Selectmen of Acton to send certain information to the registered voters in the town of Acton;
Severally to the committee on Local Affairs and Regional Government.

Petitions were referred, in concurrence, under suspension of Joint Rule 12, as follows:
Petition (accompanied by bill, Senate, No. 2083) of Susan C. Tucker, David M. Torrisi, William A. Lantigua and Barry R. Finegold (by vote of the town of Andover) for legislation to authorize the Commissioner of Conservation and Recreation to modify, extinguish and relocate a certain easement in the city of Lawrence; and
Petition (accompanied by bill, Senate, No. 2084) of Guy W. Glodis for legislation to direct the Division of Capital Asset Management and Maintenance to convey certain parcels of land in the towns of Hopkinton and Westborough;
Severally to the committee on State Administration.

Reports of Committees.

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 following petitions:
Petition (accompanied by bill) of Colleen M. Garry, Kathleen M. Teahan and Michael W. Morrissey relative to establishing the Madeline Amy Sweeney Award for Civilian Bravery; and
Petition (accompanied by bill) of James R. Miceli for legislation to repeal the law relative to the disposition of surplus property by the Department of Capital Asset Management and Maintenance;
Severally to the committee on State Administration.
Under suspension of the rules, on motion of Mr. Sullivan of Fall River, the reports were considered forthwith. Joint Rule 12 then was suspended, in each instance. Severally sent to the Senate for concurrence.

By Mr. Koutoujian of Newton, for the committee on Health Care, on House, Nos. 353, 1094, 1286, 1858 and 2965, an Order relative to authorizing the committee on Health Care to make an investigation and study of certain House documents concerning controlled substances and other related matters (House, No. 4136).
By the same member, for the same committee, on House, Nos. 355, 899 and 1484, an Order relative to authorizing the committee on Health Care to make an investigation and study of certain House documents concerning prescription drugs (House, No. 4137).
By Mrs. Owens-Hicks of Boston, for the committee on Local Affairs and Regional Government, on House, No. 4105, an Order relative to authorizing the committee on Local Affairs and Regional Government to make an investigation and study of a certain House document concerning the town treasurer and collector in the town of Charlton (House, No. 4138).
By Mr. Toomey of Cambridge, for the committee on Public Safety, on House, Nos. 811, 812, 977, 1336, 2283, 3210, 3211 and 3575, an Order relative to authorizing the committee on Public Safety to make an investigation and study of certain House documents concerning the registration and operation of motor vehicles (House, No. 4139).
Severally referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.
Subsequently Mr. Scaccia of Boston, for said committees, reported, in each instance, asking to be discharged from further consideration of said orders; and recommending that the same severally be referred to the House committee on Rules.
Under Rule 42, the reports severally were considered forthwith; and they were accepted.

By Mr. Vallee of Franklin, for the committee on Criminal Justice, on a petition, a Bill relative to falsifying an emergency transmission (House, No. 1636).
By Mr. O’Flaherty of Chelsea, for the committee on the Judiciary, on a petition, a Bill relative to agricultural crop destruction (House, No. 3364).
Severally read; and referred, under Rule 33D, to the committee on Homeland Security and Federal Affairs.

By Mrs. Owens-Hicks of Boston, for the committee on Local Affairs and Regional Government, on a petition, a Bill relative to the issuance of pension funding bonds by the city of Fall River (House, No. 3996) [Local Approval Received]. Read; and referred, under Rule 32A, to the committee on Long-Term Debt and Capital Expenditures.

By Mr. O’Flaherty of Chelsea, for the committee on the Judiciary, on Senate, No. 934 and House, No. 2100, a Bill concerning storage of personal property upon execution of a summary process judgement (House, No. 2100).
By Mr. Toomey of Cambridge, for the committee on Public Safety, on a petition, a Bill providing for appeals of certain decisions of the Registrar of Motor Vehicles (House, No. 2117).
By the same member, for the same committee, on a petition, a Bill relative to registration and license fees for certain elderly persons (House, No. 2857).
By the same member, for the same committee, on a petition, a Bill to require the reissuance of license plates in the Commonwealth (House, No. 3569).
By Mr. Koczera of New Bedford, for the committee on Public Service, on House, Nos. 64 and 68, a Bill relative to the election of survivor benefits under the public employee retirement system (House, No. 68).
By the same member, for the same committee, on House, No. 1931, a Bill authorizing Daniel P. Murphy to withdraw from a certain retirement program (House, No. 4140).
By Mr. Hall of Westford, for the committee on State Administration, on a petition, a Bill to ensure health and safety on public construction projects (House, No. 2367).
Severally read; and referred, under Rule 33, to the committee on Ways and Means.

By Mr. Rogers of Norwood, for the committee on Ways and Means, that the Bill relative to authorizing the Commissioner of Capital Asset Management and Maintenance to convey certain land in the city of Worcester (House, No. 3917) [Local Approval Received] ought to pass with an amendment in section 1, in line 7, by inserting after the words “appurtenant thereto,” the following: “as described and recorded in the Worcester Registry of Deeds at book 5209 and page 51,”. 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 Rule 7A, on motion of Mr. Pedone of Worcester, the bill was read a second time forthwith.
The amendment recommended by the committee on Ways and Means was adopted; and the bill (House, No. 3917, amended) was ordered to a third reading.

By Mr. Kujawski of Webster, for the committee on Steering, Policy and Scheduling, that the House Bill establishing a sick leave bank for Christopher Boumil, an employee of the Department of Corrections (printed as Senate, No. 2051) be scheduled for consideration by the House.
Under suspension of Rule 7A, on motion of Mr. Donato of Medford, the bill was read a second time forthwith; and it was ordered to a third reading.

By Mr. Bosley of North Adams, for the committee on Government Regulations, on a petition, a Bill relative to the powers of the Devens Enterprise Commission (printed as Senate, No. 463). 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. Hargraves of Groton, the bill was read a second time forthwith.
Pending the question on ordering the bill to a third reading, the same member moved that it be amended by substitution of a bill with the same title (House, No. 4144), which was read.
The amendment was adopted; and the substituted bill was ordered to a third reading.

By Mr. Koczera of New Bedford, for the committee on Public Service, on a petition, a Bill relative to police examinations (House, No. 3942). 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. Sullivan of Fall River, the bill was read a second time forthwith; and it was ordered to a third reading.

By Mr. Hall of Westford, for the committee on State Administration, on a petition, a Bill relative to myositis awareness day (House, No. 3970). 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. Linsky of Natick, the bill was read a second time forthwith; and it was ordered to a third reading.

Emergency Measure.

The engrossed Bill establishing a sick leave bank for Ceylin Guillermo, an employee of the Department of Social Services (see House, No. 3823), 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 6 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.

Orders of the Day.

The Senate Bill designating the chief of police of the town of East Bridgewater as the appointing authority for the police department (Senate, No. 2000), 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, in concurrence.

House bills
Authorizing the city of Somerville to issue certain general obligation bonds with level debt service (House, No. 3853); and
Authorizing the town of Hingham to issue an additional license for the sale of all alcoholic beverages to be drunk on the premises (House, No. 3886);
Severally reported by the committee on Bills in the Third Reading to be correctly drawn, were read a third time; and they were passed to be engrossed. Severally sent to the Senate for concurrence.

Recess.

At twenty-eight minutes before twelve o’clock noon, the Chair (Mr. O’Brien of Kingston) declared a recess until twelve o’clock noon; and at that time the House was called to order with Mr. O’Brien in the Chair.

Engrossed Bill.

The engrossed Bill validating a certain vote taken by the town of Wrentham (see House bill printed in House, No. 4143) (which originated in the House), having been certified by the Clerk to be rightly and truly prepared for final passage, was passed to be enacted (more than two-thirds of the members having agreed to pass the same); and it was signed by the acting Speaker and sent to the Senate.

Order.

On motion of Mr. Finneran of Boston,—
Ordered, That when the House adjourns today, it adjourn to meet on Monday next at eleven o’clock A.M.


At eight minutes after twelve o’clock noon, on motion of Mr. Eldridge of Acton (Mr. O’Brien of Kingston being in the Chair), the House adjourned, to meet on Monday next at eleven o’clock A.M., in an Informal Session.