JOURNAL OF THE HOUSE.
Monday, October 15, 2001.
 
 

Met according to adjournment, at eleven o’clock A.M., in an Informal Session, with Ms. Lewis of Dedham 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:

Holy Spirit of God, during these stressful and uneasy times, we take this moment to clear our minds of extraneous thoughts and focus our attention on You and on the importance of implementing spiritual values in carrying out our daily responsibilities. In Your goodness, help us to deepen our trust in You, in each other and in the goodwill of all people. Trust is the cornerstone of a civil and ethical just society. Grant us Your gifts of personal and world peace as well as the knowledge to address the complex and emotional issues of the day. Help us to recognize and to accept the reality of the changes which are taking place in our way of life and perhaps life styles. Inspire us to learn from the past as we plan for the present and the future well-being of the people and this Commonwealth. May our hearts and minds remain open to You and Your divine assistance during these times of anxiety.

Grant Your blessings to the Speaker, the members and employees of this House and their families. Amen.

At the request of the Chair (Ms. Lewis), the members, guests and employees joined with her in reciting the pledge of allegiance to the flag.

Resolutions.

The following resolutions (filed with the Clerk) were referred, under Rule 85, to the committee on Rules:

Resolutions (filed by Mr. Connolly of Everett) congratulating Michael Thomas DiNatale on receiving the Eagle Award of the Boy Scouts of America;

Resolutions (filed by Representatives Coppola of Foxborough and Poirier of North Attleborough) congratulating Stephanie Collins on earning the prestigious Gold Award;

Resolutions (filed by Mrs. Donovan of Woburn and other members of the House) congratulating the Daily Times Chronicle on the occasion of its one hundredth anniversary;

Resolutions (filed by Mrs. Haddad of Somerset) congratulating Captain Peter Cabral on the occasion of his retirement from the Somerset Police Department;

Resolutions (filed by Mrs. Haddad of Somerset) congratulating Lieutenant James Christopher Duarte on the occasion of his retirement from the Somerset Police Department;

Resolutions (filed by Messrs. Hargraves of Groton and Hall of Westford) commemorating the seventy-fifth anniversary of Ayer Troop 2 Boy Scouts of America;

Resolutions (filed by Mr. Linsky of Natick) congratulating Officer David Farrell on the occasion of his retirement from the Natick Police Department; and

Resolutions (filed by Mrs. Simmons of Leominster) honoring George H. Smith, Jr., for 50 years of dedicated service to the Leominster District Court;

Mrs. Harkins of Needham, 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. Fagan of Taunton, 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 Miss Garry of Dracut, petition (accompanied by bill, House, No. 4660) of Colleen M. Garry and Steven C. Panagiotakos (by vote of the town) that licensing authority of the town of Tyngsborough be authorized to issue two additional licenses for the sale of all alcoholic beverages to be drunk on the premises. To the committee on Government Regulations.

By the same member, petition (accompanied by bill, House, No. 4661) of Colleen M. Garry and Steven C. Panagiotakos (by vote of the town) that the town of Tyngsborough be authorized to reimburse Ronald F. Desjardins a certain sum of money paid to said town as real estate taxes. To the committee on Taxation.

Severally sent to the Senate for concurrence.

 

Petitions severally were presented and referred as follows:

By Mr. Carron of Southbridge, petition (subject to Joint Rule 12) of Mark J. Carron and other members of the General Court relative to civil commitment of sexually dangerous persons.

By Ms. Donovan of Woburn, petition (subject to Joint Rule 12) of Carol A. Donovan, Joseph C. Sullivan, Robert A. Havern and Charles E. Shannon relative to designating a certain bridge in the city of Woburn as the Assistant Chief Engineer Ronald P. West Memorial Bridge.

By Mr. Koutoujian of Newton, petition (subject to Joint Rule 12) of Peter J. Koutoujian and other members of the House relative to accessibility of voting systems to disabled persons.

By Mr. Miceli of Wilmington, petition (subject to Joint Rule 12) of James R. Miceli and Susan C. Tucker that the State Retirement Board be directed to grant certain creditable service to Christine Sprague for retirement purposes.

By Mrs. Pope of Wayland (by request), petition (subject to Joint Rule 12) of Peter Glass that the Department of Environmental Protection be directed to establish a program to reduce the amount of junk mail, so-called.

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

Papers from the Senate.

A Bill relative to a statewide grand jury (Senate, No. 907) (on a petition), passed to be engrossed by the Senate, was read; and it was referred, under Rule 33, to the committee on Counties on the part of the House.

A Bill providing equitable coverage of services under health plans (Senate, No. 2139) (on Senate bill, No. 805), passed to be engrossed by the Senate, was read; and it was referred, under Rule 33, to the committee on Ways and Means.

Bills

Relative to election officers in towns (Senate, No. 353) (on a petition);

Increasing the availability of protective gear for renters of recreational sports equipment (Senate, No. 1236) (on a petition);

Authorizing the town of Topsfield to convey a certain parcel of conservation land to the town of Boxford for conservation purposes (Senate, No. 2106) (on a petition) [Local Approval Received];

Relative to the issuance of subpoenas for records of providers of electronic communication services (Senate, No. 2137, amended in section 1 by adding at the end thereof the following sentence: “The recipient of such a subpoena shall not provide any such records disclosing the content of electronic communications or such subscriber account records disclosing Internet locations which have been accessed, in response to such a subpoena.”) (on Senate, No. 904);

Clarifying the definition of physician (Senate, No. 2142) (on Senate bill, No. 536, changed);

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.

Reports of Committees.

Mr. Scaccia of Boston, for the committee on Rules, on the Order relative to authorizing the committee on Insurance to make an investigation and study of certain Senate and House documents concerning hospitals, health maintenance organizations and providers of medical services (House, No. 4375) reported, in part, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 1961) of Arthur J. Broadhurst and other members of the General Court for legislation to further regulate insurance benefits,— and recommending that the same be recommitted to the committee on Insurance. Under Rule 42, the report was considered forthwith; and it was accepted.

Mr. Scaccia of Boston, for the committee on Rules, on the Order relative to authorizing the committee on Insurance to make an investigation and study of certain Senate and House documents concerning reforms of the motor vehicle insurance industry (House, No. 4407) reported, in part, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 1966) of Salvatore F. DiMasi and Ronald Mariano relative to prohibiting insurance companies from designating glass companies for the repair of motor vehicles,— and recommending that the same be recommitted to the committee on Insurance. Under Rule 42, the report was considered forthwith; and it was accepted.

By Mr. Dempsey of Haverhill, for the committee on Public Service, on House, Nos. 322, 327, 328, 335, 337, 516, 535, 724, 885, 1277, 1281, 1293, 1465, 1472, 1492, 1659, 1670, 1859, 1871, 2033, 2038, 2055, 2071, 2236, 2602, 2612, 2613, 2783, 3030, 3181, 3611, 3623, 3752, 3818, 3976, 4308, 4349, 4350, 4364, 4365, 4366, 4367, 4368, 4389, 4390, 4417, 4418, 4431, 4432, 4436, 4446, 4447, 4515 and 4549, an Order relative to authorizing the committee on Public Service to make an investigation and study of certain House documents concerning active and retired public employees (House, No. 4655). 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, asking to be discharged from further consideration of the order; and recommending that the same be referred to the House committee on Rules. Under Rule 42, the report was considered forthwith; and it was accepted.

By Mr. Bosley of North Adams, for the committee on Government Regulations, on a petition, a Bill authorizing the town of Truro to hold a license for the sale of all alcoholic beverages to be drunk on the premises (House, No. 4475) [Local Approval Received].

By Mr. Scaccia of Boston, for the committee on Rules, on House No. 4619, reports, in part, a Bill relative to authorizing the town of Braintree to establish a department of public works (House, No. 4326) [Local Approval Received].

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

By Mr. Kujawski of Webster, for the committee on Steering, Policy and Scheduling, that the Bill relative to municipal elections (House, No. 4131) be scheduled for consideration by the House. Placed in the Orders of the Day for the next sitting for a second reading with the amendment previously recommended by the committee on Election Laws pending.

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

Designating a portion of the Blackstone River and Canal Heritage Park as the Honorable William A. L. Bazeley Memorial Recreation Area (Senate, No. 1089); and

Relative to limitations on total obligations of 1 borrower to a stock corporation or thrift institution (Senate, No. 1874); and

House bills

Relative to the governance and management of state chartered banks (House, No. 1723);

Clarifying charitable contributions (House, No. 2280);

Prohibiting intentional misrepresentation by a business of its location (House, No. 2285, changed);

Protecting beneficiaries of structured settlements (House, No. 2375);

To require certification of the authority of public officials to bind cities and towns by contract (House, No. 2429);

To clarify inspections at certain animal facilities (House, No. 2569);

Relative to providing for increased safety at pedestrian crosswalks (House, No. 2642);

Relative to retail sales (House, No. 2655);

Further regulating two-for-one sales of retail merchandise (House, No. 2656);

Relative to including private non-profit corporations which receive public funds under the provisions of the open meeting and open records laws (House, No. 2990);

Relative to dog license fees for senior citizens (House, No. 3054, changed);

Designating a certain portion of state highway Route 169 as the Leonide J. Lemire V.F.W. Post 6055 Memorial Highway (House, No. 3227, changed);

Relative to the metropolitan park system (House, No. 3321);

To further amend Chapter 123 and change the four-day hearing requirement for certain petitions (House, No. 3359);

Relative to jury exemptions for parents of children under the age of two years (House, No. 3567);

To prevent animal fighting (House, No. 3572);

Further regulating the sale of mercury thermometers (House, No. 3772);

Relative to the open meeting law (House, No. 3827);

Relative to lodging houses (House, No. 3933);

Relative to the timber bulkhead in Oak Bluffs Harbor (House, No. 4162);

Providing for recall elections in the town of Newbury (House, No. 4288, changed) [Local Approval Received];

Relative to consumer and merchant protection (House, No. 4329);

Relative to indemnification of public retirees (House, No. 4330);

Further regulating public payroll deductions for charities (House, No. 4331);

Relative to the town of Medfield and the Medfield Shelter 2000, Inc. (House, No. 4360) [Local Approval Received];

Making certain corrective changes in the Massachusetts Pesticide Control Act (House, No. 4381);

Permitting breast-feeding in public (House, No. 4401);

Relative to the use of asthma inhalers by students in public schools (House, No. 4411);

Relative to court advisement (House, No. 4413);

Relative to CPR certification for teachers and coaches (House, No. 4415);

To improve the stabilization fund of the Commonwealth (House, No. 4434); and

Relative to commercial area revitalization districts (House, No. 4637);

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

Report of the committee on Steering, Policy and Scheduling, that the following matters be scheduled for consideration by the House:

The Senate Bill providing for the annual observance of Jack Kerouac Day (Senate, No. 1571); and

The House Bill relative to the finances of regional school committees (House, No. 3071);

Severally placed in the Orders of the Day for the next sitting for a second reading, the time within which said committee was required to report having expired.

By Mr. Cabral of New Bedford, for the committee on Human Services and Elderly Affairs, ought NOT to pass, on the petition (accompanied by bill, House, No. 1596) of Ruth W. Provost that the Department of Social Services be required to notify non-custodial parents by mail of certain abuse reports. 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; and, under said rule, it was placed in the Orders of the Day for the next sitting, the question being on acceptance.

Engrossed Bills.

Engrossed bills

Relative to the net school spending of the Southern Worcester County Regional Vocational School District (see House bill printed as Senate, No. 1864); and

Relative to voting precincts in the town of Franklin (see House, No. 4474);

(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 acting Speaker and sent to the Senate.

Orders of the Day.

House bills

Relative to clinical reports in certain actions for the appointment of guardians and conservators (House, No. 3367); and

Authorizing the Division of Capital Asset Management and Maintenance to transfer certain parcels of land in the town of Medfield (House, No. 4108);

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. Flynn of Bridgewater,—

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

At sixteen minutes after eleven o’clock A.M., on motion of Mr. Verga of Gloucester (Ms. Lewis of Dedham being in the Chair), the House adjourned, to meet on Wednesday next at eleven o’clock A.M.