JOURNAL OF THE HOUSE.
Tuesday, October 30, 2001.
 
 

Met according to adjournment, at eleven o’clock A.M.

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

Gracious God, we depend upon You, Your gift of wisdom and Your divine assistance as we face the legislative and governmental issues of each new day and of each uncertain tomorrow. Help us to live each day peacefully, confidently and serenely amidst today’s unnerving threats and rumors. As elected representatives of the people, grant us the leadership capacity to address competently the unique challenges of the times to the satisfaction of the electorate which has selected us as responsible leaders. Inspire us to be well aware of Your presence in our midst and the availability of Your grace to meet our daily needs. May we always remain faithful to You, our high ideals and our human and spiritual values.

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.

Message from the Acting Governor.

A message from Her Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to extending simulcast wagering of horse and dog racing (House, No. 4697) was filed in the office of the Clerk on Monday, October 29.

The message was read; and it was referred, on motion of Mr. Bosley of North Adams, with the accompanying draft of a bill, to the committee on Rules.

Subsequently Mr. Scaccia of Boston, for said committee, reported on the foregoing message, a Bill relative to extending simulcast wagering of horse and dog racing (printed in House, No. 4697). 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. Peterson of Grafton, 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. Bosley of North Adams, the bill (having been 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.

Statement Concerning Representative Caron of Springfield.

A statement of Mr. DiMasi of Boston concerning Mr. Caron of Springfield 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 Caron of Springfield, will not be present in the House Chamber for today’s sitting due to official business in his district. Any roll calls that he may miss today is due entirely to the reason stated.

Statement Concerning Representative Ciampa of Somerville.

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

Statement of Representative Fennell of Lynn.

A statement of Mr. Fennell of Lynn 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 unable to be present in the House Chamber for a portion of today’s sitting due to official business in another part of the State House. Any roll calls that I may haved missed today is due entirely to the reason stated.

Statement Concerning Representative Kaufman of Lexington.

A statement of Mr. DiMasi of Boston concerning Mr. Kaufman of Lexington 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 Kaufman of Lexington, will not be present in the House Chamber for today’s sitting due to official business in his district. Any roll calls that he may miss today is due entirely to the reason stated.

Guests of the House.

During the session, the Chair (Mr. DiMasi of Boston) declared a brief recess; and introduced Jared Corbett, the KRANE karate, state, national and world champion in its physically challenged division. Jared and his father, Bill Corbett, who accompanied him, were the guests of Representative Quinn of Dartmouth.

Resolutions.

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

Resolutions (filed by Mr. Brown of Wrentham) congratulating Deputy Fire Chief Philip “Butch” Smith, Jr., on the occasion of his retirement;

Resolutions (filed by Mr. Coppola of Foxborough) congratulating Mr. and Mrs. Alexander Spier on the occasion of their fiftieth wedding anniversary;

Resolutions (filed by Mrs. Haddad of Somerset) commending Edmund Joseph Lima of Somerset for his lifetime dedication to veterans;

Resolutions (filed by Ms. Kaprielian of Watertown) congratulating Concenzio and Louise Delrose on the occasion of their fiftieth wedding anniversary;

Resolutions (filed by Mr. LeDuc of Marlborough) congratulating Saint Ann’s Parish of Marlborough on the occasion of its eightieth anniversary; and

Resolutions (filed by Mr. Nyman of Hanover) congratulating Mr. and Mrs. John Wilson on the occasion of their fiftieth wedding anniversary;

Mr. Honan 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 of Brookline, the resolutions (reported by the committee on Bills in the Third Reading to be correctly drawn) were considered forthwith; and they were adopted.

Papers from the Senate.

The House Bill relative to authorizing the financing of the production and preservation of affordable housing in the Commonwealth (House, No. 4274) came from the Senate passed to be engrossed, in concurrence, with amendments striking out all after the enacting clause and inserting in place thereof the text contained in Senate document numbered 2113; and inserting before the enacting clause the following emergency preamble:

Whereas, The deferred operation of this act would tend to defeat its purpose, which is forthwith to authorize the financing of the production and preservation of affordable housing in the Commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”.

Under suspension of the rules, on motion of Mr. Cahill of Beverly, the amendments were considered forthwith.

The House then non-concurred with the Senate in its amendments; and, on further motion of the same member, asked for a committee of conference on the disagreeing votes of the two branches. Representatives Walrath of Stow, Rogers of Norwood and Hahn of Westfield were appointed as the committee on the part of the House. Sent to the Senate to be joined.

The House Bill relative to the production and preservation of affordable housing in the Commonwealth House, No. 4284) came from the Senate passed to be engrossed, in concurrence, with an amendment striking out all after the enacting clause and inserting in place thereof the text contained in Senate document numbered 2119.

Under suspension of the rules, on motion of Mr. Cahill of Beverly, the amendment was considered forthwith.

The House then non-concurred with the Senate in its amendment; and, on further motion of the same member, asked for a committee of conference on the disagreeing votes of the two branches. Representatives Rogers of Norwood, Cahill of Beverly and George of Yarmouth were appointed as the committee on the part of the House. Sent to the Senate to be joined.

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

Petition (accompanied by bill, Senate, No. 2152) of Robert A. Antonioni, Peter J. Larkin, Richard T. Moore, Brian P. Lees and other members of the General Court for legislation to establish an appeals process for teacher certification exam candidates. To the committee on Education, Arts and Humanities.

Petition (accompanied by bill, Senate, No. 2153) of Michael W. Morrissey, Robert L. Hedlund and Joseph C. Sullivan (by vote of the town) for legislation relative to the town of Braintree’s enhanced emergency telephone system. To the committee on Government Regulations.

Petition (accompanied by bill, Senate, No. 2154) of Harriette L. Chandler, James B. Leary, Richard T. Moore, Stephen M. Brewer and other members of the General Court for legislation to reduce medication waste in facilities in the Commonwealth. To the committee on Health Care.

Petition (accompanied by bill, Senate, No. 2155) of David P. Magnani and Paul J. P. Loscocco (by vote of the town) for legislation relative to determining the limit of indebtedness for school construction in the town of Holliston. To the committee on Local Affairs.

Reports of Committees.

Mr. Scaccia of Boston, for the committee on Rules, on the Order relative to authorizing the committee on Education, Arts and Humanities to make an investigation and study of certain Senate and House documents concerning educational matters (House, No. 4227) reported, in part, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 2130) of Kevin W. Fitzgerald and Elizabeth A. Malia for legislation to establish a tuition free program for teachers and paraprofessionals,— and recommending that the same be recommitted to the committee on Education, Arts and Humanities. 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 Education, Arts and Humanities to make an investigation and study of certain House documents concerning education reform and other related matters (House, No. 4315) reported, in part, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 983) of Alice K. Wolf, Edward G. Connolly, Elizabeth A. Malia and Ruth B. Balser that the Higher Education Coordinating Council be authorized to establish a paraprofessional incentive program,— and recommending that the same be recommitted to the committee on Education, Arts and Humanities. Under Rule 42, the report was considered forthwith; and it was accepted.

By Mr. Greene of Billerica, for the committee on Commerce and Labor, on House, Nos. 4573 and 4574, an Order relative to authorizing the committee on Commerce and Labor to make an investigation and study of certain House documents concerning retail sales on Memorial Day and Sundays (House, No. 4696). 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 said 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.

Engrossed Bill.

The engrossed Bill relative to the establishment of voting precincts in the town of Shirley (see House bill printed in House, No. 4684) (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.

Motion to Discharge the Committee on Natural Resources and Agriculture.

During consideration of the matters in the Orders of the Day, Mr. Sullivan of Fall River asked unanimous consent to move that the committee on Natural Resources and Agriculture be discharged from further consideration of the petition (accompanied by bill, House, No. 3779) of David B. Sullivan relative to closing a certain landfill site in the city of Fall River; and the motion was entertained. After debate, the motion to discharge the committee was negatived.

Orders of the Day.

The House Bill relative to the charter of the town of Needham (House, No. 3523) (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; and it was passed to be engrossed. Sent to the Senate for concurrence.

House bills

Authorizing the assumption of certain utility costs by lessees and tenants (House, No. 408);

Relative to the manufacture of food products (House, No. 771);

Relative to open space in the town of Saugus (House, No. 2081);

Authorizing the town of Needham to establish a post retirement insurance liability fund (House, No. 4306);

Relative to the conservation commission of the town of Sutton (House, No. 4325);

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);

Relative to affordable housing in the town of Truro (House, No. 4476);

Authorizing the town of Truro to establish an affordable housing trust fund (House, No. 4477);

Designating a certain bridge as the Pearl Harbor Veterans Bridge (House, No. 4534);

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

Relative to reprecincting (House, No. 4653, changed);

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

At twenty-two minutes before twelve o’clock noon, on motion of Mr. Peterson of Grafton, the House recessed until one o’clock P.M.; and at twenty-five minutes before two o’clock the House was called to order with Mr. DiMasi of Boston in the Chair.

The House Bill relative to child passenger safety (House, No. 4199) was considered.

Pending the question on ordering the bill to a third reading, further consideration thereof was postponed, on motion of Mr. Toomey of Cambridge, until the next sitting.

House reports

Of the committee on Taxation, ought NOT to pass, on the petition (accompanied by bill, House, No. 1702) of Francis L. Marini and other members of the House for legislation to provide a one-time tax credit for joining the organ donor program or for becoming certified to perform cardiopulmonary resuscitation; and

Of the same committee, ought NOT to pass, on a message from Her Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to promoting fiscal responsibility in the Commonwealth (accompanied by bill, House, No. 4106);

Severally were considered.

Pending the question, in each instance, on acceptance of the report, further consideration thereof was postponed, on motions of Mr. Marini of Hanson, until the next sitting.

The House Bill modifying the Governor’s Highway Safety Committee (printed as Senate, No. 1205, changed) was considered.

Pending the question on ordering the bill to a third reading, it was recommitted to the committee on Public Safety, on motion of Mr. Toomey of Cambridge.

The House Bill providing for the destruction of certain dogs (House, No. 1539) was ordered to a third reading.

The House report of the committee on Natural Resources and Agriculture, ought NOT to pass, on the message from His Excellency the Governor (accompanied by bill, House, No. 3029) recommending legislation relative to the reorganization of certain functions within the Executive Office of Environmental Affairs, was considered.

Pending the question on acceptance of the report, further consideration thereof was postponed, on motion of Mr. Marini of Hanson, until the next sitting.

The House Bill providing visitation rights for great grandparents (House, No. 485) was read a second time.

Pending the question on ordering the bill to a third reading, further consideration thereof was postponed, on motion of Mr. Peterson of Grafton, until the next sitting.

The House Bill regarding county agricultural schools (House, No. 1166) was read a second time.

Pending the question on ordering the bill to a third reading, further consideration thereof was postponed, on motion of Mr. Marini of Hanson, until after disposition of the remaining matters in the orders of the Day.

Subsequently, the remaining matters in the Orders of the Day having been disposed of, the bill was considered further.

The same member and other members of the House then moved that it be amended by striking out all after the enacting clause and inserting in place thereof the following:

“Section 4 of chapter 51 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended in line 16 by inserting after the word ‘or’ the following word:— any.”.

The amendment was adopted; and the bill (House, No. 1166, amended) was ordered to a third reading.

The House Bill relative to the use of telephones in places of detention (House, No. 1430) was read a second time.

Pending the question on ordering the bill to a third reading, further consideration thereof was postponed, on motion of Mr. Marini of Hanson, until the next sitting.

The House Bill extending homestead protection for elderly and disabled persons to mobile homes (House, No. 1612) was read a second time.

Pending the question on ordering the bill to a third reading, Mr. Marini of Hanson and other members of the House moved that it be amended by striking out all after the enacting clause and inserting in place thereof the following:

“SECTION 1. Section 1A of chapter 188 of the General Laws, as appearing in the 2000 Official Edition, is hereby repealed.

SECTION 2. Section 1 of chapter 188 is hereby amended in line 1 by striking the figures ‘$300,000’ and inserting in place the figures:— $600,000.”.

The amendment was adopted; and the bill (House, No. 1612, amended) was ordered to a third reading.

The House Bill relative to minority business enterprises (House, No. 1909) was read a second time.

Pending the question on ordering the bill to a third reading, further consideration thereof was postponed, on motion of Mr. Peterson of Grafton, until after disposition of the remaining matters in the Orders of the Day.

The House Bill providing for the mandatory escrowing of withheld rent to facilitate resolution of summary process cases (House, No. 1979) was read a second time.

Pending the question on ordering the bill to a third reading, further consideration thereof was postponed, on motion of Mr. Smizik of Brookline, until the next sitting.

House bills

Relative to contracts for minors (House, No. 1990);

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); and

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

Severally were read a second time.

Pending the question, in each instance, on ordering the bill to a third reading, further consideration thereof was postponed, on motions of Mr. Peterson of Grafton, until the next sitting.

The House Bill relative to jury exemptions for parents of children under the age of two years (House, No. 3567) was read a second time.

Pending the question on ordering the bill to a third reading, Mr. Fallon of Malden moved that it be amended by striking out all after the enacting clause and inserting in place thereof the following:

“Section 4 of Chapter 234A of the General Laws of 2000, is hereby amended by inserting after the word ‘service’ in line 9 the following language:

3. A person having custody of and being responsible for the daily supervision of a child under 2 years of age can elect, if he or she so desires to be exempt from jury duty.”.

The amendment was adopted; and the bill (House, No. 3567, amended) was ordered to a third reading.

The House Bill relative to the open meeting law (House, No. 3827) was read a second time.

Pending the question on ordering the bill to a third reading, further consideration thereof was postponed, on motion of Mr. Peterson of Grafton, until the next sitting.

The House Bill relative to municipal elections (House, No. 4131) was read a second time.

Pending the question on adoption of the amendment previously recommended by the committee on Election Laws,— that the bill be amended in line 3 by striking out the words “No city or town” and inserting in place thereof the words “No public employer as defined in Chapter 150E”,— and the main question on ordering to a third reading, further consideration thereof was postponed, on motion of Mr. Peterson of Grafton, until the next sitting.

The House Bill relative to the timber bulkhead in Oak Bluffs Harbor (House, No. 4162) was read a second time; and it was ordered to a third reading.

The House Bill permitting breast-feeding in public (House, No. 4401) was read a second time.

Pending the question on ordering the bill to a third reading, further consideration thereof was postponed, on motion of Mr. Peterson of Grafton, until the next sitting.

The House Bill relative to court advisement (House, No. 4413) was read a second time; and it was ordered to a third reading.

House bills

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

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

Severally were read a second time.

Pending the question, in each instance, on ordering the bill to a third reading, further consideration thereof was postponed, on motions of Mr. Peterson of Grafton, until the next sitting.

The House report of 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, was considered.

Pending the question on acceptance of the report, further consideration thereof was postponed, on motion of Mr. Peterson of Grafton, until the next sitting.

The House report of the committee on Steering, Policy and Scheduling, asking to be discharged from further consideration of the Bill further defining fresh pursuit (House, No. 1222), and recommending that the same be referred to the committee on Rules, was considered.

Pending the question on acceptance of the report, further consideration thereof was postponed, on motion of Mr. Peterson of Grafton, until the next sitting.The Senate Bill relative to the crimes of assault and battery and assault and battery by means of a dangerous weapon (Senate, No. 167, amended) was considered.

Pending the question on passing the bill to be engrossed, in concurrence, Mr. Marini of Hanson and other members of the House moved that it be amended in section 2, in line 15, by striking out the following: “or (iii)” and inserting in place thereof the following: “(iii) upon a child under the age of 14; or (iv)”. The amendment was adopted.

After remarks on the question on passing the bill, as amended, to be engrossed, in concurrence, the sense of the House was taken by yeas and nays, at the request of Mr. Tobin of Quincy; and on the roll call 146 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 130 in Supplement.]

Therefore the bill (Senate, No. 167, amended) was passed to be engrossed, in concurrence. Sent to the Senate for concurrence in the amendment adopted by the House.

 

The Senate Bill relative to a special fund in the town of Plymouth (Senate, No. 1030); and

House bills

Regarding conservation commission consultant fees (House, No. 196); and

Authorizing conservation commissions to impose fees for the employment of outside consultants (House, No. 2944, changed);

Severally were read a second time.

Pending the question, in each instance, on ordering the bill to a third reading, further consideration thereof was postponed, on motions of Mr. Peterson of Grafton, until the next sitting.

Engrossed Bill — Land Taking.

The engrossed Bill authorizing the town of Mashpee to lease or grant an easement in certain land (see House, No. 4300) (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 144 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 131 in Supplement.]

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

Emergency Measure.

The engrossed Bill relative to extending simulcast wagering of horse and dog racing (see House, No. 4697), 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 38 to 0. Sent to the Senate for concurrence.

Subsequently (Mr. Tirone of Amesbury being in the Chair) the Senate 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.Engrossed Bill.

The engrossed Bill relative to the witchcraft trial of 1692 (see House, No. 2752) (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; 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 Thursday next at eleven o’clock A.M.At twenty-six minutes before four o’clock P.M., on motion of Mr. Peterson of Grafton (Mr. Tirone of Amesbury being in the Chair), the House adjourned, to meet on Thursday next at eleven o’clock A.M. in an Informal Session.