September 30, 2003

JOURNAL OF THE HOUSE.

Tuesday, September 30, 2003.

Met according to adjournment, at half past one o’clock P.M.

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

Lord God, the Ultimate Source of Forgiveness and Truth, we depend upon Your direction and guidance as we address thoughtfully each day’s legislative and personal opportunities and responsibilities. Your always available assistance enables us to see issues clearly, to select the right options at all times and to comprehend the complex issues in today’s changing world. In our great country with a very diverse society, teach us to respect the rights and opinions of others but to remain faithful to our own philosophical, human and spiritual principles and values. Inspire us to work together in building a responsible, responsive and peaceful society in which we utilize our own skills and talents for our own benefit and for the benefit of the common good and future generations.

Grant Your blessings to 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.

Statement Concerning Representative Bosley of North Adams.

A statement of Mr. DiMasi of Boston concerning Mr. Bosley of North Adams 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 Bosley of North Adams, will not be present in the House Chamber for today’s sitting due to official business outside of the State House. Any roll calls that he may miss today will be due entirely to the reason stated.

Statement Concerning Representative Dempsey of Haverhill.

A statement of Mr. DiMasi of Boston concerning Mr. Dempsey of Haverhill 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 Dempsey of Haverhill, will not be present in the House Chamber for today’s sitting due to illness. Any roll calls that he may miss today will be due entirely to the reason stated.

Statement Concerning Representative Straus of Mattapoisett.

A statement of Mr. DiMasi of Boston concerning Mr. Straus of Mattapoisett 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 Straus of Mattapoisett, was not present in the House Chamber for today’s sitting due to a personal medical injury. Had he been present for the taking of yea and nay numbers 416, 418, 419 and 420, he would have voted, in each instance, in the affirmative. Any roll calls that he missed today is due entirely to the reason stated.

Guest of the House.

During the session the Chair (Mr. Petrolati of Ludlow) declared a brief recess and introduced Jose Antonio Rivera, the New World Boxing Association Welterweight Champion. Mr. Rivera was the guest of Representative Evangelidis of Holden, the entire Worcester delegation, and Ms. Rivera of Springfield.

Papers from the Senate.

Bills

To provide for the appointment, qualifications, compensation, duties, status, retirement and pensions of summer special police officers on Nantucket Island (Senate, No. 1168) (on a petition) [Local Approval Received];

Authorizing an increase in fines for parking violations on the island of Nantucket (Senate, No. 1169) (on a petition) [Local Approval Received];

Providing for a fuel revolving account at Nantucket Memorial Airport (Senate, No. 1170) (on a petition) [Local Approval Received];

Severally passed to be engrossed by the Senate, were read; and they were referred, under Rule 7A, to the committee on Steering, Policy and Scheduling.

A petition (accompanied by bill, Senate, No. 2096) of Jo Ann Sprague and Philip Travis (by vote of the town) for legislation to authorize the town of Rehoboth to assess fees for conservation purposes, was referred, in concurrence, to the committee on Natural Resources and Agriculture.

Petitions were referred, in concurrence, under suspension of Joint Rule 12, as follows:

Petition (accompanied by bill, Senate, No. 2097) of Thomas M. McGee, Robert A. DeLeo and Michael E. Festa for legislation relative to pilot services and requirements for vessels. To the committee on Commerce and Labor.

Petition (accompanied by bill, Senate, No. 2098) of Thomas M. McGee, Robert A. DeLeo and Michael E. Festa for legislation relative to rates for pilot services for vessels using the Port of Boston. To the committee on Natural Resources and Agriculture.

Petition (accompanied by bill, Senate, No. 2099) of Thomas M. McGee, Robert A. DeLeo and Michael E. Festa for legislation to exempt sales of pilot boats from sales tax requirements. To the committee on Taxation.

Reports of Committees.

By Mrs. Owens-Hicks of Boston, for the committee on Local Affairs and Regional Government, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 4081) of Louis L. Kafka and Jo Ann Sprague (by vote of the town) relative to the zoning law in the town of Sharon,— recommending that the same be referred to the committee on Housing and Urban Development. Under Rule 42, the report was considered forthwith; and it was accepted. Sent to the Senate for concurrence.

By Mr. Rogers of Norwood, for the committee on Ways and Means, that the Bill relative to certain capital spending authorizations (printed in House, No. 4132) ought to pass. 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. Ruane of Salem, 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. Rogers, the bill (having been reported by the committee on Bills in the Third Reading to be correctly drawn) was read a third.

Pending the question on passing the bill to be engrossed, the same member moved that it be amended by striking out all after the enacting clause and inserting in place thereof the text contained in House document numbered 4198.

The amendment was adopted; and the bill (House, No. 4132, amended) was passed to be engrossed. Sent to the Senate for concurrence.

By Mrs. Owens-Hicks of Boston, for the committee on Local Affairs and Regional Government, on a petition, a Bill establishing a betterment fund in the town of Spencer (House, No. 1326) [Local Approval Received].

By the same member, for the same committee, on a petition, a Bill validating the acts and proceedings at a certain town caucus in the town of Westhampton (House, No. 1712) [Local Approval Received].

By the same member, for the same committee, on a petition, a Bill relative to parking violatons in the town of Provincetown (House, No. 3841).

By the same member, for the same committee, on a petition, a Bill relative to the Charter of the town of Andover (House, No. 3887, changed in section 1, in line 4, by striking out the figure “4” and inserting in place thereof the figure “3”) [Local Approval Received].

By the same member, for the same committee, on a petition, a Bill authorizing the town of Dedham to reimburse certain sewer fees paid in error (House, No. 3997) [Local Approval Received].

By the same member, for the same committee, on a petition, a Bill authorizing the town of Dedham to reimburse certain sewer fees paid in error (House, No. 3998) [Local Approval Received].

By the same member, for the same committee, on a petition, a Bill authorizizing the town of Carlisle to grant conservation restrictions of town owned conservation land (House, No. 4007) [Local Approval Received] [Representative Sánchez of Boston dissenting].

By the same member, for the same committee, on a petition, a Bill authorizing the town of Bourne to lease certain conservation land (House, No. 4076) [Local Approval Received].

By the same member, for the same committee, on a petition, a Bill relative to vacancies in certain offices in the town of Spencer (House, No. 4077) [Local Approval Received].

By the same member, for the same committee, on a petition, a Bill relative to parking fines in the town of Chatham (House, No. 4078) [Local Approval Received].

By the same member, for the same committee, on a petition, a Bill relative to parking fines in the town of Harwich (House, No. 4079) [Local Approval Received].

By the same member, for the same committee, on a petition, a Bill granting authority to lease buildings or land long-term in the city known as the Town of Franklin (House, No. 4091) [Local Approval Received].

By the same member, for the same committee, on a petition, a Bill relative to parking violations in the town of Wellfleet (House, No. 4122) [Local Approval Received].

By the same member, for the same committee, on House, No. 4080, a Bill relative to the historic business district in the town of Chatham (House, No. 4197).

Severally read; and referred, under Rule 7A, to the committee on Steering, Policy and Scheduling.

Emergency Measure.

The engrossed Bill establishing a sick leave bank for certain employees of the trial court (see House, No. 3818, 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 32 to 0. Sent to the Senate for concurrence.

Engrossed Bills.

The engrossed Bill validating action taken at an annual town meeting and a special town meeting held in the town of Leicester (see House bill printed in House, No. 4123) (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 Speaker and sent to the Senate.

Engrossed bills

Relative to a certain license for the sale of wines and malt beverages in the town of Milford (see House, No. 3728); and

Establishing a sewer system capital improvement fund in the town of Chelmsford (see House, No. 3805);

(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.

Engrossed Bill — Land Taking.

The engrossed Bill concerning the conveyance of certain park land in the town of Yarmouth (see House bill printed in House, No. 3899) (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. 416 in Supplement.]

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

Orders of the Day.

Senate bills

Punishing the failure to report certain fires (Senate, No. 1281);

Requiring the appointment of 2 call or volunteer firefighters on the Massachusetts Fire Training Council (Senate, No. 1291);

Requiring the appointment of a call or volunteer firefighter on the Massachusetts Fire Service Commission (Senate, No. 1292); and

Designating a portion of state highway Route 2 as the Johnny Appleseed Trail (Senate, No. 1621); and

House bills

Authorizing the Division of Capital Asset Management and Maintenance to grant an easement in a certain parcel of land in the town of Grafton (House, No. 263);

To discourage fraud (House, No. 921);

Prohibiting discrimination against veterans in employment (House, No. 1053);

Relative to the library records of minors (House, No. 2891);

Authorizing the certification of David E. Jones to a civil service list for police officer notwithstanding the maximum age requirement (House, No. 3918); and

Providing for a special election to fill a vacancy on the board of selectmen in the town of Wilmington (House, No. 3921, changed);

Severally were read a second time; and they were ordered to a third reading.

House reports

Of the committee on Banks and Banking, ought NOT to pass, on the petition (accompanied by bill, House, No. 1237) of David M. Nangle relative to further regulating lending under the consumer credit cost disclosure laws of the Commonwealth;

Of the committee on Election Laws, ought NOT to pass, on the petition (accompanied by bill, House, No. 1654) of Anthony J. Verga, Susan W. Pope, Thomas N. George, Christopher P. Asselin, Elizabeth Poirier and Shirley Gomes relative to access to absentee ballot lists;

Of the committee on Human Services and Elderly Affairs, ought NOT to pass, on the petition (accompanied by bill, House, No. 2063) of Christopher G. Fallon relative to group homes operated by the Department of Mental Health;

Of the committee on Natural Resources and Agriculture, ought NOT to pass, on the petition (accompanied by bill, House, No. 965) of Stephen J. Buoniconti relative to the use of crossbows for hunting by certain disabled persons; and

Of the committee on Public Safety, ought NOT to pass, on the petition (accompanied by bill, House, No. 215) of Frank M. Hynes relative to promoting driver safety for persons operating a motor vehicle with a learner’s permit;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 401) of Thomas P. Kennedy that the Registrar of Motor Vehicles be authorized to issue special license plates to organ donors;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 1556) of Benjamin Swan, Shirley Ownes-Hicks and Gloria L. Fox that the Registrar of Motor Vehicles be authorized to issue distinctive motor vehicle plates indicating support for violence prevention education;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 1730) of Theodore C. Speliotis that the Registrar of Motor Vehicles be directed to issue distinctive license plates for the preservation of open space;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 2293) of Shirley Owens-Hicks, Gloria L. Fox, Byron Rushing and others that the Registrar of Motor Vehicles be directed to issue a distinctive motor vehicle license place for the Black United Fund of Massachusetts;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 2488) of Paul C. Casey and Charles E. Shannon relative to the revocation of motor vehicle drivers’ licenses without a hearing;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 2501) of Geoffrey D. Hall, Pamela P. Resor and another for legislation to authorize the Registrar of Motor Vehicles to issue distinctive registration plates to active or former members of the United States Marine Corps;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 2502) of Nadia Hempkill for legislation to require a certain decal to be displayed on motor vehicles operated by persons with learner’s permits;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 2503) of Veronica Whitehouse relative to the penalty for operation of motor vehicles after the suspension or revocation of a license to operate such motor vehicle;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 2505) of Veronica Whitehouse relative to the surrendering of motor vehicle registration plates at hearings conducted by the Registry of Motor Vehicles;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 2652) of Tracy Fondanova that the Registrar of Motor Vehicles be authorized to exclude a person’s address on liquor purchase identification cards at the request of said person;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 2654) of Brian Knuuttila and other members of the General Court that the Registrar of Motor Vehicles be directed to issue distinctive license plates for the establishment of a fund for the future of nursing; and

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, House, No. 2659) of John A. Lepper and other members of the General Court relative to providing for special license plates for the Rotary Clubs International;

Severally were accepted.

Mr. Petrolati of Ludlow being in the Chair,—

The House Bill relative to improvement of the sex offender registry (House, No. 4194), reported by the committee on Bills in the Third Reading to be correctly drawn, was read a third time.

Pending the question on passing the bill to be engrossed, Mr. Vallee of Franklin moved that it be amended in section 16 (as printed) by adding at the end thereof the following paragraph:

“(q) Any nonresident person enrolled on a full-time or part-time basis, in any public or private education institution in the commonwealth, including any secondary school, trade or professional institution, shall register with the board of such person is required to register as a sex offender in the state in which he resides. Such student shall, within 10 days of attending such institution, register by mailing to the board on a form approved by the board and signed under the pains and penalties of perjury, the student’s name, date of birth, home address and the name and address of the educational institution he is attending.”; and by adding at the end thereof (as changed by the committee on Bills in the Third Reading) the following section:

“SECTION 23. The sex offender registration board shall establish procedures to accept sex offender registrations from a nonresident who is in the commonwealth to work, carry on a vocation or to go to school. Such workers shall include those who are employed either part-time or full-time, with compensation or without, for more than 14 days or for an aggregate period exceeding 30 days in a calendar year. Such students shall include those who attend any type of school in the commonwealth on either a part-time or full-time basis. The board shall collect, at a minimum, such worker’s and student’s name, date of birth, address, place of employment or school attended. The board shall inform such registrants of their duty to register in any state where they are employed, carry on a vocation or are students.”.

The amendments were adopted.

The same member then moved that the bill be amended by striking out section 1 and inserting in place thereof the following two sections:

“SECTION 1. Section 178C of chapter 6 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after the definition of ‘Agency’ the following definitions:

‘Full-time employment’, either compensated or uncompensated employment.

‘Institution of higher learning’, a post secondary institution.

SECTION 1A. Said section 178C of said chapter 6, as so appearing, is hereby further amendment by inserting after the definition of ‘Mental abnormality’ the following definition:

‘Part-time employment’, employment for more than 14 days or for an aggregate period exceeding 30 days in a calendar year, with or without compensation.”.

The amendment was adopted; and the bill (House, No. 4194, amended) was passed to be engrossed. Sent to the Senate for concurrence.

The Senate Bill relative to the state DNA data base (Senate, No. 187, changed) (its title having been changed by the committee on Bills in the Third Reading), reported by said committee to be correctly drawn, was read a third time.

After debate on the question on passing the bill to be engrossed, in concurrence, Mr. Jones of North Reading and other members of the House moved that it be amended in section 1, in line 10, by striking out the following: “90 days” and inserting in place thereof the following: “1 year”; and in section 2, in line 7 and also in line 14, by striking out the following: “90 days” and inserting in place thereof, in each instance, the following: “1 year”. The amendments were adopted.

The same members then moved that the bill be amended in section 2 by adding at the end thereof the following sentence: “The submission of such DNA sample shall not be stayed pending a sentence appeal, motion for new trial, appeal to an appellate court or other post-conviction motion or petition.”. The amendment was adopted.

After remarks on the question on passing the bill, as amended, to be engrossed, in concurrence, Mr. DiMasi of Boston asked for a count of the House to ascertain if a quorum was present. The Chair (Mr. Petrolati of Ludlow), 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 150 members were recorded as being in attendance.

[See Yea and Nay No. 417 in Supplement.]

Therefore a quorum was present.

After further remarks the sense of the House was taken by yeas and nays, at the request of Mr. Vallee of Franklin; and on the roll call 146 members voted in the affirmative and 4 in the negative.

[See Yea and Nay No. 418 in Supplement.]

Therefore the bill (Senate, No. 187, changed and amended) was passed to be engrossed, in concurrence. Sent to the Senate for concurrence in the amendments.

Engrossed Bill — Land Taking.

Mrs. Harkins of Needham being in the Chair,—

The engrossed Bill authorizing the town of Mashpee to convey certain land (see House, No. 3846) (which originated in the House), having been certified by the Clerk to be rightly and truly prepared for final passage, was put upon its final passage.

On the question on passing the bill to be enacted, the sense of the House was taken by yeas and nays (this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution); and on the roll call 151 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 419 in Supplement.]

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

Orders of the Day.

The engrossed Bill placing the fire department of the town of Dracut under the civil service law (see House, No. 3903), which had been returned to the House by His Excellency the Governor with his objections thereto in writing (for message, see House, No. 4114), was considered.

The question on passing the bill, notwithstanding the said objections, was determined by yeas and nays, as required by Chapter I, Section I, Article II, of the Constitution; and on the roll call 129 members voted in the affirmative and 23 in the negative.

[See Yea and Nay No. 420 in Supplement.]

Therefore the bill was passed, notwithstanding the objections of His Excellency the Governor (more than two thirds of the members having agreed to pass the same). Sent to the Senate for its action.

Recess.

At twenty-one minutes after five o’clock P.M., on motion of Ms. Rogeness of Longmeadow (Mrs. Harkins of Needham being in the Chair), the House recessed subject to the call of the Chair; and at twenty-six minutes after six o’clock P.M., the House was called to order with Ms. Candaras of Wilbraham in the Chair.

Emergency Measures.

The engrossed Bill relative to certain capital spending authorizations (see House bill printed in House, No. 4132, 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.

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.

The engrossed Bill relative to improvement of the sex offender registry (see House, No. 4194, 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.

Order.

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.

Ms. Rogeness of Longmeadow then moved that the House adjourn; and the motion prevailed. Accordingly, without further consideration of the remaining matters in the Orders of the Day, at eleven minutes before seven o’clock P.M. (Ms. Candaras of Wilbraham being in the Chair) the House adjourned, to meet on Thursday next at eleven o’clock A.M., in an Informal Session.