JOURNAL OF THE HOUSE.
Thursday, November 1, 2001.
 
 

Met according to adjournment, at eleven o’clock A.M., in an Informal Session, with Mr. O’Flaherty of Chelsea 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:

Conscious of Your presence in our midst, God Our Creator, we humbly ask for guidance in selecting legislative and personal options and Your protection from spiritual and physical harm as we begin today’s legislative session. We depend upon Your divine assistance and direction as we struggle to meet our daily goals and objectives. May current serious societal issues not breed fear and frustration in our hearts and minds, but may Your gifts and grace focus our attention and energies on our daily responsibilities and opportunities. Inspire us to take advantage of the demands of these uneasy times by formulating a fresh creativity and a call for excellence to read the signs of the times and to meet the expectations of the people.

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’Flaherty), the members, guests and employees joined with him in reciting the pledge of allegiance to the flag.

Statement of Representative Kennedy of Brockton.

A statement of Mr. Kennedy of Brockton 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 Tuesday’s sitting due to my attendance at the funeral of a family member. Any roll calls that I may have missed that day is due entirely to the reason stated.

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 unable to be present in the House Chamber for Tuesday’s sitting sitting due to my participation in the Oral Health Policy Academy for State Officials. Had I been present for the taking of the two yeas and nays, I would have voted, in each instance, in the affirmative.

Resolutions.

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

Resolutions (filed by Mr. Barrios of Cambridge) congratulating Paul Dufault on his retirement;

Resolutions (filed by Mr. Casey of Winchester) congratulating Mr. and Mrs. Frank Quinn on the occasion of their fiftieth wedding anniversary;

Resolutions (filed by Representatives Correia of Fall River, Travis of Rehoboth, Rodrigues of Westport, Sullivan of Fall River and Haddad of Somerset) congratulating William R. Eccles, Jr., on receiving the 2001 Roger Valcourt Memorial Citizen of the Year Award by the Fall River Area Chamber of Commerce;

Resolutions (filed by Mr. Demakis of Boston) congratulating the Union Boat Club on the occasion of its one hundred and fiftieth anniversary;

Resolutions (filed by Mr. Galvin of Canton) honoring Marilyn G. Rodman of Canton for her many years of dedication and commitment to her community;

Resolutions (filed by Mr. Loscocco of Holliston) on the twenty-fifth anniversary of Gorman Richardson Architects;

Resolutions (filed by Mr. Naughton of Clinton) congratulating Peter B. Marshall on being selected 2001 Person of the Year by the Wachusett Chamber of Commerce and on the occasion of his retirement; and

Resolutions (filed by Mr. Nyman of Hanover) congratulating Marilyn Deboer on the occasion of her retirement;

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

Communication.

A communication from the Human Resources Division of the Executive Office for Administration and Finance (under the provisions of Section 25 of Chapter 31 of the General Laws) submitting a list of police sergeant, police lieutenant and police captain eligibility lists which were revoked effective October 1, 2001, was placed on file.

Petitions.

Petitions severally were presented and referred as follows:

By Mr. Murphy of Burlington, petition (accompanied by bill, House, No. 4704) of Charles A. Murphy and Robert A. Havern (by vote of the town) relative to town meeting members in the town of Burlington; and

By the same member, petition (accompanied by bill, House, No. 4705) of Charles A. Murphy and Robert A. Havern (by vote of the town) relative to certain tax exempt properties in the town of Burlington;

Severally to the committee on Local Affairs.

Severally sent to the Senate for concurrence.

Petitions severally were presented and referred as follows:

By Mr. Marini of Hanson, petition (subject to Joint Rule 12) of Francis L. Marini and other members of the General Court for legislation to establish Congressional districts in the Commonwealth.

By Mr. Miceli of Wilmington, petition (subject to Joint Rule 12) of James R. Miceli and Bruce E. Tarr relative to insurance policies on auto homes, so-called.

By Mr. Patrick of Falmouth, petition (subject to Joint Rule 12) of Matthew C. Patrick relative to the division of interest in common areas and facilities of condominiums.

By Mr. Tirone of Amesbury (by request), petition (subject to Joint Rule 12) of James N. Thivierge relative to monthly tax billing in cities and towns.

By the same member (by request), petition (subject to Joint Rule 12) of James N. Thivierge relative to municipal finance.

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

Reports of Committees.

By Mr. Mariano of Quincy, for the committee on Insurance, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 4576) of J. Michael Ruane, John P. Slattery and Frederick E. Berry relative to providing insurance coverage for prosthetic devices for certain individuals and patients,— and recommending that the same be referred to the Senate committee on Ways and Means. Under Rule 42, the report was considered forthwith; and it was accepted, insomuch as relates to the discharge of the committee. 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 establishing a special commission to study property tax exemptions (House, No. 4669),— and recommending that the same be referred to the House committees on Rules. Under Rule 42, the report was considered forthwith; and it was accepted.

By Mr. Kujawski of Webster, for the committee on Steering, Policy and Scheduling, asking to be discharged from further consideration

Of the Bill requiring immunization of certain students (House, No. 133);

Of the Bill relative to orders of conditions (House, No. 652, changed);

Of the Bill relative to reprecincting (House, No. 993);

Of the Bill relative to the admittance of attorneys to court facilities (House, No. 1049);

Of the Bill relative to the license of school bus operators (House, No. 1262);

Of the Bill relative to the pronouncement of death by a nurse practitioner (House, No. 1758, changed);

Of the Resolve providing for the creation of a special commission relative to the impact on the Commonwealth of Massachusetts of the World Trade Organization (WTO) and the North American Free Trade Agreement (NAFTA) (House, No. 2119);

Of the Bill requiring the posting of security for the seizure and impoundment of animals (House, No. 2202); and

Of the Bill relative to agricultural land (House, No. 3157);

And recommending that the same severally be referred to the House committee on Rules; and

Of the Bill relative to the Forest Cutting Practices Act and violations thereof (House, No. 84),— and recommending that the same be referred to the committee on Ways and Means.

Under Rule 42, the reports severally were considered forthwith; and they were accepted.

By Mr. Greene of Billerica, for the committee on Commerce and Labor, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 4656) of Elizabeth Poirier and other members of the General Court relative to the discrimination against veterans in employment,— and recommending that the same be referred to the committee on Public Service. Under Rule 42, the report was considered forthwith; and it was accepted. Sent to the Senate for concurrence.

By Mr. Kujawski of Webster, for the committee on Steering, Policy and Scheduling, that the House Bill relative to authorizing the town of Braintree to establish a department of public works (House, No. 4326) [Local Approval Received] be scheduled for consideration by the House.

Under suspension of Rule 7A, 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. Koutoujian of Newton, for the committee on Health Care, on House, No. 4608, an Order relative to authorizing the committee on Health Care to make an investigation and study of a certain House document concerning the rights of surgical patients in hospitals (House, No. 4698).

By Mr. Donnelly of Boston, for the committee on the Judiciary, on House, Nos. 1991 and 3361, an Order relative to authorizing the committee on the Judiciary to make an investigation and study of certain House documents concerning the rights of adopted persons and other judicial matters (House, No. 4699).

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. Greene of Billerica, for the committee on Commerce and Labor, on a petition, a Resolve relative to establishing a special commission to examine the competitiveness of Massachusetts business (House, No. 3245). Read; and referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

By Ms. Wolf of Cambridge, for the committee on Education, Arts and Humanities, on House, Nos. 983 and 2130, a Bill to establish a paraprofessional incentive program (House, No. 4702).

By Mr. Mariano of Quincy, for the committee on Insurance, on House, No. 2360, a Bill concerning the regulation of certain commercial contracts of insurance (House, No. 4703).

Severally read; and referred, under Rule 33, to the committee on Ways and Means.

By Mr. Koutoujian of Newton, for the committee on Health Care, on Senate, No. 602 and House, No. 2317, a Bill authorizing the sale of hypodermic syringes to persons 18 years of age or older (House, No. 4706).

By Mr. Mariano of Quincy, for the committee on Insurance, on a recommitted petition, a Bill prohibiting insurance companies from designating glass companies for the repair of motor vehicle insurance (House, No. 1966).

By the same member, for the same committee, on House, No. 1035, a Bill relative to fraudulent statements made in insurance applications (House, No. 4707).

By Mrs. Parente of Milford, for the committee on Local Affairs, on House, No. 4622, a Bill authorizing the town of Barnstable to convey certain land (House, No. 4708).

By Mr. Dempsey of Haverhill, for the committee on Public Service, on a petition, a Bill exempting certain positions in the town of Burlington from the civil service laws (House, No. 4307) [Local Approval Received].

By the same member, for the same committee, on a petition, a Bill establishing a sick leave bank for a certain employee of the District Court Department (House, No. 4553).

By the same member, for the same committee, on a petition, a Bill authorizing the certification and appointment of John F. Neville, III as a fire fighter in the city of Newton (House, No. 4604) [Local Approval Received].

By the same member, for the same committee, on a petition, a Bill exempting certain positions in the city of Pittsfield from the civil service law (House, No. 4650) [Local Approval Received].

By Mr. Casey of Winchester, for the committee on Taxation, on a petition, a Bill authorizing the town of Tyngsborough to refund certain payments (House, No. 4661) [Local Approval Received].

By Mr. Sullivan of Braintree, for the committee on Transportation, on a petition, a Bill designating certain bridges in the town of Saugus (House, No. 4612).

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

 

Orders of the Day.

The Senate Bill relative to civil service preference for a police officer in the city of Medford (Senate, No. 1816), 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.The House Bill validating the proceedings at the annual town election in the town North Attleborough (House, No. 4287), 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.

Recess.

At seven minutes after eleven o’clock A.M., the Chair (Mr. O’Flaherty of Chelsea) declared a recess subject to the call of the Chair; and at twenty-two minutes after three o’clock P.M., the House was called to order with Mr. O’Flaherty in the Chair.

Papers from the Senate.

The following order came from the Senate with the endorsement that it had been adopted by said branch:

Ordered, That, notwithstanding the provisions of Joint Rule 10, joint standing committees and the committees on Rules of the two branches, acting concurrently, be granted until Saturday, December 1, 2001 within which to make reports on matters referred to them.

Under suspension of the rules, on motion of Mr. Peterson of Grafton, the order was considered forthwith; and it was adopted, in concurrence.

A Bill establishing executive councillor and senatorial districts (Senate, No. 2165) (on Senate bill No. 2147), passed to be engrossed by the Senate, was read; and it was 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. Straus of Mattapoisett, the bill was read a second and a third time forthwith; and it was passed to be engrossed, in concurrence.

Emergency Measure.

The engrossed Bill relative to establishing Representative districts in the General Court (see House, No. 4701), 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 3 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.

Engrossed Bill.

The engrossed Bill establishing executive councillor and senatorial districts (see Senate, No. 2165) (which originated in the Senate), 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 Monday next at eleven o’clock A.M.

At twenty minutes after four o’clock P.M., on motion of Mr. Peterson of Grafton (Mr. O’Flaherty of Chelsea being in the Chair), the House adjourned, to meet on Monday next at eleven o’clock A.M., in an Informal Session.