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JOURNAL OF THE HOUSE.
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Monday, October
6, 2003.
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Met according to adjournment,
at eleven o’clock A.M., in an Informal Session, with Mr. Rodrigues
of Westport 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:
Gracious God, we believe
in You, Our Creator, and place our trust in You and in the guidelines
for daily living which You have made known to us. By following Your
ways and accepting Your guidance, we are able to live a successful,
meaningful and happy life. Today we join in our thoughts and in spirit
our Jewish Colleagues, friends and neighbors in the observance of Yom
Kippur, a solemn day of atonement, of prayer and fasting. Today’s
religious observance reminds us of the traditional biblical teachings
on the importance of religious beliefs, practices and values. May we
all remain faithful to You, our ideals and religious commitments.
Grant Your blessings to the Speaker,
the members and employees of this House and their families. Amen.
At the request of the
Chair (Mr. Rodrigues), the members, guests and employees joined with
him in reciting the pledge of allegiance to the flag.
Message
from the Governor — Veto.
A message from His Excellency
the Governor returning with his objections thereto in writing the engrossed
Bill relative to exemptions for residential real property in the city
of Cambridge [see House, No. 2185] (for message, see House, No. 4208)
was filed in the Office of the Clerk on Thursday, October 2.
The message was read;
and, under House Rule 12, placed in the Orders of the Day for the next
session, the question being on passing the bill, notwithstanding the
said objections.
Message from
the Governor — Bill Returned with
Recommendation
of Amendment.
A message from His Excellency
the Governor returning with recommendation of amendment the engrossed
Bill relative to drag racing in the city of Springfield [see House,
No. 3835, amended] (for message, see House, No. 4209) was filed in the
office of the Clerk on Friday October 3.
The message was read;
and, under the provisions of Article LVI of the Amendments to the Constitution,
the bill was thereupon “before the General Court and subject to
amendment and re-enactment”.
Pending the question on
adoption of the amendment recommended by His Excellency, the bill was
referred, on motion of Ms. Candaras of Wilbraham, to the committee on
Bills in the Third Reading.
Communications.
The following communications
were read for the information of the House:
Communications
From the Fall River District
and Plymouth County Registry of Deeds (under Section KKK of Chapter
29 of the General Laws as inserted by Section 4 of Chapter 4 of the
Acts of 2003) submitting an initial plan for technological improvements
at said registry (copies of said communication referred, as required
under said law, to the committee on Ways and Means and the committee
on Post Audit and Oversight);
From the Public Employee
Retirement Administration Commission (PERAC) submitting a copy of the
Actuarial Valuation report of the State Employees’ Retirement
System for the period ending January 1, 2003; and
From the Secretary of
Transportation submitting a copy of several reports filed under the
provisions of item 6000-0100 contained in Section 2 of Chapter 184 of
the Acts of 2003;
Severally placed on file.
Annual
and Special Reports.
Annual Reports
Of the Director of the
Biologic Laboratories of the University of Massachusetts (under the
provisions of Section 43 of Chapter 75 of the General Laws) of the activities
of said laboratories for the fiscal year 2003; and
Of the Massachusetts Economic
Development Incentive Program (under the provisions of Chapter 19 of
the Acts of 1993) for the fiscal year 2003; and
A quarterly report of
the Division of Employment and Training (under the provisions of Section
68 of Chapter 233 of the Acts of 1983) relative to the condition of
the Commonwealth’s Unemployment Insurance Trust Fund for the period
ending September 30, 2003;
Severally were placed
on file.
Statement
of Representative Teahan of Whitman.
A statement of Mrs. Teahan
of Whitman 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 the sitting of Tuesday, September
30 due to official business in Washington, D.C. Any roll calls that
I missed that day is due entirely to the reason stated.
Resolutions.
The following resolutions
(filed with the Clerk) were referred, under Rule 85, to the committee
on Rules:
Resolutions (filed by
Mr. Kennedy of Brockton and other members of the House) honoring Old
Colony Hospice for twenty-five years of distinguished service;
Resolutions (filed by
Mr. Pignatelli of Lenox) congratulating Construct, Inc., on the occasion
of its fifteenth annual Walk for the Homeless on October 12, 2003; and
Resolutions (filed by
Mr. Straus of Mattapoisett) honoring the First Congregational Church
of Rochester on the occasion of its three hundredth anniversary;
Mr. Petrolati of Ludlow,
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. Donato of Medford, the resolutions (reported by the
committee on Bills in the Third Reading to be correctly drawn) were
considered forthwith; and they were adopted.
Petitions.
Mr. Dempsey of Haverhill
presented a petition (accompanied by bill, House, No. 4210) of Brian
S. Dempsey, Steven A. Baddour, Barbara A. L’Italien and Harriett
L. Stanley relative to parking fines in the city of Haverhill; and the
same was referred to the committee on Local Affairs and Regional Government.
Sent to the Senate for concurrence.
Petitions severally were
presented and referred as follows:
By Ms. Balser of Newton
(by request), petition (subject to Joint Rule 12) of Edward Craig relative
to the establishment of a state operated lottery to fund international
humanitarian efforts.
By the same member (by
request), petition (subject to Joint Rule 12) of Matthew Theall for
legislation to exempt the seat belt use requirements in vehicles manufactured
in certain years.
By Mr. Donelan of Orange,
petition (subject to Joint Rule 12) of Christopher J. Donelan and Stanley
C. Rosenberg for payment from the state treasury of a certain sum of
money to Adam Dzialo.
By Mr. Fagan of Taunton,
petition (subject to Joint Rule 12) of James H. Fagan and another relative
to increasing the jurisdictional amount allowable in small claims cases.
By the same member, petition
(subject to Joint Rule 12) of James H. Fagan
for legislation to authorize the Division of Employment and Training
to establish a sick leave bank for Donna M. Tansey, an employee of said
department.
By Mr. Fresolo of Worcester,
petition (subject to Joint Rule 12) of John
P. Fresolo relative to the dispensing of non-prescription drugs by athletic
trainers.
By Mr. Hynes of Marshfield,
petition (subject to Joint Rule 12) of Frank M. Hynes for legislation
to require organizations regulated by the Department of Public Utilities
to provide toll-free telephone access to customers.
By the same member, petition
(subject to Joint Rule 12) of Frank M. Hynes for legislation to further
regulate severance allowances for public employees.
By Mr. Kafka of Sharon
(by request), petition (subject to Joint Rule 12) of Steven Drobnis
for legislation to eliminate perjury provisions on certain tax forms.
By Ms. Kaprielian of Watertown,
petition (subject to Joint Rule 12) of Rachel Kaprielian for legislation
to protect the financial privacy of employees of non-profit or charitable
corporations.
By Mr. Knuuttila of Gardner,
petition (subject to Joint Rule 12) of Brian Knuuttila and other members
of the General Court relative to private attorneys providing public
counsel services.
By Mr. Scaccia of Boston,
petition (subject to Joint Rule 12) of William Francis Galvin and Angelo
M. Scaccia relative to certain rules for notaries including electronic
notarization.
By Mr. Sullivan of Fall
River, petition (subject to Joint Rule 12) of David B. Sullivan relative
to salary and vacation allowance for public employees in Massachusetts
serving in the National Guard of other states.
By the same member (by
request), petition (subject to Joint Rule 12) of Paul Solomon for legislation
to provide bonuses to veterans who served in Iraq.
Severally, under Rule
24, to the committee on Rules.
Papers
from the Senate.
A Bill regulating the
use of Lowell Park in the town of Barnstable (Senate, No. 1935) (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 State Administration, asking to be discharged from further consideration
of the Senate Bill authorizing the town of Tewksbury to grant certain
utility easements (Senate, No. 2070), 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.
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 petition
of Eugene L. O’Flaherty relative to the procedure for the issuance
of criminal complaints. Under suspension of the rules, on motion of
Ms. Jehlen of Somerville, the report was considered forthwith. Joint
Rule 12 was suspended; and the petition (accompanied by bill) was referred
to the committee on the Judiciary. Sent to the Senate for concurrence.
By Mr. Cabral of New Bedford,
for the committee on Human Services and Elderly Affairs, asking to be
discharged from further consideration of the petition (accompanied by
bill, House, No. 3664) of Paul K. Frost that certain prisoners convicted
of murder be prohibited from receiving organ transplants,— and
recommending that the same be referred to the committee on Criminal
Justice. Under Rule 42, the report was considered forthwith; and it
was accepted. Sent to the Senate for concurrence.
By Mr. Scaccia of Boston,
for the committees on Rules of the two branches, acting concurrently,
asking to be discharged from further consideration
Of the Resolve relative
to county lands (House, No. 106); and
Of the petition (accompanied
by bill, House, No. 3591) of Jennifer M. Callahan relative to the Legislative
Post Audit and Oversight bureaus;
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. O’Flaherty
of Chelsea, for the committee on the Judiciary, on House, No. 954, a
Bill relative to the duties of the clerk and assistant clerks of the
Supreme Judicial Court for Suffolk County (House, No. 4211). 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. Donato of Medford, the bill was read a second
time forthwith; and it 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 the civil service eligibility list for fire service in the
town of Norwood (House, No. 4165) [Local Approval Received]. 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. Ruane of Salem, the bill was read a second time
forthwith; and it was ordered to a third reading.
By Mr. Cabral of New Bedford,
for the committee on Human Services and Elderly Affairs, on a petition,
a Resolve relative to the study of long term custodial care options
for cognitively intact, physically disabled young adults between ages
19 and 59 (House, No. 2071). Read; and referred, under Joint Rule 29,
to the committees on Rules of the two branches, acting concurrently.
By Mr. Cabral of New Bedford,
for the committee on Human Services and Elderly Affairs, on a petition,
a Bill relative to safety inspections of foster homes licensed by the
Office of Child Care Services and the Department of Social Services
(House, No. 714).
By the same member, for
the same committee, on a petition, a Bill relative to criminal offender
record information checks for assisted living
employees (House, No. 1677).
By the same member, for
the same committee, on a petition, a Bill relative to accountability
and wage parity of community direct care
workers for persons with mental retardation (House, No. 3166).
By the same member, for
the same committee, on a petition, a Bill relative to the abandonment
of a child under ten years of age in a motor
vehicle (House, No. 3171).
By Mr. Koczera of New
Bedford, for the committee on Public Service, on a petition, a Bill
to grant A. John Crisafulli three years of creditable service (House,
No. 3431).
Severally read; and referred,
under Rule 33, to the committee on Ways and Means.
By Mr. Cabral of New
Bedford, for the committee on Human Services and Elderly Affairs, on
a petition, a Bill relative to the Department of Social Services’
notification procedures and penalties relating to criminal
record screening for foster parents (House, No. 716). Read; and referred,
under Rule 33B, to the committee on Science and Technology.
By Mr. Straus of Mattapoisett,
for the committee on Election Laws, on a petition, a Bill authorizing
cities, towns and regional districts to send certain information to
registered voters (printed as Senate, No. 349).
By the same member, for
the same committee, on a petition, a Bill relative to recall elections
in the town of Bernardston (printed as Senate,
No. 2011) [Local Approval Received].
By the same member, for
the same committee, on a petition, a Bill to amend campaign finance
(House, No. 1268, changed in line 2, by striking
out the following: “employer” and inserting in place thereof
the following: “employer,”).
By the same member, for
the same committee, on a petition, a Bill relative to annual elections
in the town of North Andover (House, No. 3906) [Local Approval Received].
By the same member, for
the same committee, on a petition, a Bill authorizing
a ballot question in the town of Belmont relative to the granting
of licenses for the sale of alcoholic beverages (House, No. 3975) [Local
Approval Received]. [Representative Reinstein of Revere dissenting].
By Ms. Peisch of Wellesley,
for the same committee, on House, Nos. 692, 1269 and 3504, a Bill relative
to absentee ballots (House, No. 4207).
By Mr. Bosley of North
Adams, for the committee on Government Regulations, on a petition, a
Bill authorizing the town of Bridgewater to grant an additional license
for the sale of all alcoholic beverages not to be drunk on the premises
(printed as Senate, No. 2016) [Local Approval Received].
By the same member, for
the same committee, on a petition, a Bill authorizing the town of Adams
to issue an additional license for the sale
of all alcoholic beverages to be drunk on the premises (printed as Senate,
No. 2034) [Local Approval Received].
By the same member, for
the same committee, on a petition, a Bill authorizing the town of Southampton
to issue an additional license for the sale
of all alcoholic beverages not to be drunk on the premises (House, No.
4162). [Local Approval Received].
By Mr. Honan of Boston,
for the committee on Housing and Urban Development, on a petition, a
Bill relative to certain roadways of the Metropolitan District Commission
(House, No. 2968).
By the same member, for
the same committee, on a petition, a Bill relative to rent regulations
in mobile home park accomodations in the town of Williamstown (House,
No. 3891) [Local Approval Received].
By the same member, for
the same committee, on a petition, a Bill establishing the Chelsea affordable
housing trust fund (House, No. 3977) [Local Approval Received].
Severally read; and referred,
under Rule 7A, to the committee on Steering, Policy and Scheduling.
Orders
of the Day.
House bills
Relative to police mutual
aid agreements (House, No. 593); and
Relative to court advisement
(House, No. 4135);
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.
Order.
On motion of Mr. Finneran
of Boston,—
Ordered, That
when the House adjourns today, it adjourn to meet tomorrow at eleven
o’clock A.M.
Mrs. Canavan of Brockton
then moved that as a mark of respect to the memory of Paul V. Studenski,
a member of the House from Brockton in 1973 and 1974, the House adjourn;
and the motion prevailed.
Accordingly, at twenty minutes
after eleven o’clock A.M., on motion of Mr. Ruane of Salem (Mr.
Rodrigues of Westport being in the Chair), the House adjourned, to meet
tomorrow at eleven o’clock A.M., in an Informal Session.
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