JOURNAL OF THE HOUSE.
Monday, November 4, 2002.
 
 
Met according to adjournment, at eleven o’clock A.M., in an Informal Session, with Mrs. Walrath of Stow 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:
God Our Creator and Judge, we begin today’s legislative session with hearts and minds filled with hope and joy, for we believe and trust in You and in Your personal interest in each of us. In Your goodness, help us to utilize Your material and spiritual gifts to us, both wisely and prudently. We depend upon Your assistance and guidance as we together continue our efforts to build a stable, safe and just society in which the rights of all are respected. Inspire us as elected leaders to remain clearly focused on the best interests of the people in these difficult times, who depend upon our good judgments and reasonable decisions. May we be guided by You, Your ways and principles on our pilgrimage through life.
Grant Your blessings to the Speaker, the members and employees of this House and their families. Amen.
At the request of the Chair (Mrs. Walrath), 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. Bradley of Hingham) congratulating the South Elementary School on celebrating its annual Thanksgiving feast;
Resolutions (filed by Mr. Frost of Auburn and other members of the House) honoring Richard J. Dwinell; and
Resolutions (filed by Mr. Spellane of Worcester) congratulating Charlotte Klein on her fifty years as a dance educator;
Mr. DiMasi 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. 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.

Papers from the Senate.

Bills
Establishing a capital investment fund in the town of Holbrook (Senate, No. 2485) (on a petition) [Local Approval Received];
Exempting the position of deputy police chief in the town of Norwell from the civil service law (Senate, No. 2486) (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.

Reports of Committees.

By Ms. Balser of Newton, for the committee on Local Affairs, on a petition, a Bill relative to the borrowing of money by the city of Medford (House, No. 5326) [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. Donato of Medford, the bill was read a second time forthwith; and it was ordered to a third reading.

By Mr. Dempsey of Haverhill, for the committee on Public Service, on a petition, a Bill providing for the work force reduction of the city of Medford through an early retirement incentive program for certain employees (House, No. 5351, changed in section 1, in line 24, by inserting after the word “program.” the following sentence: “Members of the teachers’ retirement system shall not be eligible to receive any additional benefit provided pursuant to this section.”; and in line 94, by striking out the following “December 31, 2003” and inserting in place thereof the following: “May 31, 2004”.) [Local Approval Received] [Senator Chandler dissenting]. 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. Rogers of Norwood, for the committee on Ways and Means, that the Bill relative to Nora O’Reilly (Senate, No. 2219) 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. Demakis of Boston, the bill was read a second time forthwith; and it was ordered to a third reading.

Orders of the Day.

The Senate Bill further protecting children (Senate, No. 2436, amended), 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. Sent to the Senate for concurrence in the amendment previously adopted by the House.

The Senate Bill authorizing the town of Holden to lease a certain school building for 99 years (Senate, No. 2298), 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 Senate Bill relative to excavation and trench safety (Senate, No. 2234, amended), 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, in concurrence, Mrs. Canavan of Brockton and other members of the House moved that it be amended in section 2 (as inserted by amendment by the House), in line 22, by inserting after the word “regulations”, the first time it appears, the following: “; provided, however, that said penalty structure shall include the imposition of a fine for each violation of the regulations promulgated pursuant to this section. Any such fines collected by the department of public safety or the department of labor and workforce development shall be available for expenditure, without further appropriation, by said departments in an amount not to exceed $100,000 during each fiscal year for the sole purpose of providing construction safety training for licensed operators of hoisting equipment, police department officials, fire department officials and building officials. Said departments may also charge a reasonable fee to help defray the costs associated with said training. Any monies collected from the imposition of said fines in excess of $100,000 shall be transmitted monthly by said departments to the state treasurer who shall then deposit said excess funds into the General Fund. The department of public safety, in conjunction with the department of labor and workforce development, shall file a report detailing the amount of fines imposed, collected and expended pursuant to this section to the house and senate committees on ways and means and to the joint committee on public safety not later than August 15 of each year”, in line 48, by inserting after the word “claim” the words “or provide evidence of self-insurance in equal amounts”, and in lines 107 to 142, inclusive, by striking out the paragraph contained therein.
The amendments were adopted; and the bill (Senate, No. 2234, amended) was passed to be engrossed, in concurrence. Sent to the Senate for concurrence in the amendments adopted by the House.
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-five minutes after eleven o’clock A.M., on motion of Mr. Rushing of Boston (Mrs. Walrath of Stow being in the Chair), the House adjourned, to meet on Thursday next at eleven o’clock A.M., in an Informal Session.