JOURNAL OF THE HOUSE.
Wednesday, November 6,
2003.
Met according to adjournment,
at eleven o’clock A.M., 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:
Gracious God, whose gifts
of hope and love we cherish, we pause for a moment of prayer to ask for
Your guidance and direction as we take up the items on today’s legislative
calendar. To comprehend, address and articulate the often complex public
policy and related issues, we depend upon You and Your assistance. We
believe that Your ways and not always our ways and often Your ways are
difficult for us to understand and accept. As we try to legislate fairly
and intelligently in our diverse society with a diversity of cultures,
we seek Your approval for our conscientious legislative and moral choices.
May we be aware at all times of the needs of all people in our desire
to build a just, responsible and responsive society.
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.
Silent Prayer.
At the request of Mr. Murphy
of Burlington, the members, guests and employees stood in a moment of
silent prayer in memory of U.S. Army Private First Class John Daniel Hart,
a 2002 graduate of Bedford High School and a member of the 173rd Airborne
Brigade who was killed in action while serving his country in Iraq on
October 18, 2003, a month after his 20th birthday.
Statement Concerning Representative
Fox of Boston.
A statement of Mr. Petrolati
of Ludlow concerning Ms. Fox of Boston 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 Fox of Boston, will not be present in the
House Chamber for today’s sitting because she is attending the National
Hispanic Legislative Caucus and National Black Legislative Caucus forum
on health disparities, in Phoenix, Arizona. Any roll calls that she may
miss today is due entirely to the reason stated.
Statement Concerning Representative
Ruane of Salem.
A statement of Mr. Rogers
of Norwood concerning Mr. Ruane of Salem 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 Ruane of Salem, was not present in the
House Chamber for today’s sitting due to illness. Had he been present
for the taking of yea and nay numbers 435 and 437 to 440, inclusive, he
would have voted, in each instance, in the affirmative. Any roll calls
that he missed today is due entirely to the reason stated.
Statement of Representative
Spiliotis of Peabody.
A statement of Ms. Spiliotis
of Peabody 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 have missed today is due entirely to the reason stated.
Statement
Concerning Representative Story of Amherst.
A statement of Mr. Petrolati
of Ludlow concerning Ms. Story of Amherst 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 Story of Amherst, will not be present in
the House Chamber for today’s sitting because she is outside of
the Commonwealth attending to personal family matters. Any roll calls
that she may miss today 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 Mrs.
Canavan of Brockton) honoring the community service efforts of YouthBuild
members and Fleet staff;
Resolutions (filed by Mrs.
Haddad of Somerset) congratulating Lee Fontaine on receiving the Eagle
Award of the Boy Scouts of America;
Resolutions (filed by Representatives
Reinstein of Revere and Falzone of Saugus) congratulating Ryan LeBlanc
on receiving the Eagle Award of the Boy Scouts of America;
Resolutions (filed by Representatives
Reinstein of Revere and Falzone of Saugus) congratulating Tim Reece on
receiving the Eagle Award of the Boy Scouts of America;
Resolutions (filed by Messrs.
Straus of Mattapoisett, O’Brien of Kingston
and deMacedo of Plymouth) congratulating Leighton (Lee) F. Peck,
Jr., on the occasion of his retirement;
Resolutions (filed by Mr.
Verga of Gloucester) memorializing the Congress of the United States to
take actions to assist the Groundfish Industry; and
Resolutions (filed by Mr.
Walsh of Lynn) commending Deborah Smith Walsh for her many years of service
to the community of Lynn;
Mr. Scaccia 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. Kocot of Northampton, the resolutions (reported by the
committee on Bills in the Third Reading to be correctly drawn) were considered
forthwith; and they were adopted.
Guests of the House.
During the session the
Chair (Mr. Tobin of Quincy) declared a brief recess and introduced United
States Marine Corps Sergeant Jeremy G. Johnson, who recently returned
from service in Iraq after receiving a combat meritorious promotion to his current rank.
Sergeant Johnson, accompanied by the
Secretary of Veterans Affairs, Captain Thomas Kelley and his mother and
legislative aide to Representative Spellane, Martha Akstin, was the guest
of Representative Spellane.
During the session the
Chair (Mr. Tobin of Quincy) declared a brief recess and introduced Elizabeth
Kish from Verseg, Hungary, the aunt of Representative Callahan of Sutton.
She was the guest of Representative Callahan.
Paper from the Senate.
The House Bill establishing
a sick leave bank for Christopher Boumil, an employee of the Department
of Correction (printed as Senate, No. 2051) came from the Senate passed
to be engrossed, in concurrence, with an amendment adding at the end thereof
the following sentence: “When Mr. Boumil terminates employment with
the department or requests to dissolve the sick leave bank, the balance
of sick leave in the bank shall be transferred to the extended illness
leave bank.”.
Under suspension of Rule
35, on motion of Mr. Golden of Lowell, the amendment (reported by the
committee on Bills in the Third Reading to be correctly drawn) was considered
forthwith; and it was adopted, in concurrence.
Reports of Committees.
By Mr. Kujawski of Webster,
for the committee on Steering, Policy and Scheduling, asking to be discharged
from further consideration of the Bill authorizing the town of Millbury
to grant 3 additional licenses for the sale of all alcoholic beverages
to be drunk on the premises (Senate, No. 2056, amended),— and recommending
that the same be referred to the committee on Public Safety. Under Rule
42, the report was considered forthwith. The House then refused to accept
the report; and the bill was placed in the Orders of the Day for the next
session for a second reading.
By Mr. Koutoujian of Waltham,
for the committee on Health Care, on Senate,
No. 543 and House, No. 3775, a Bill to strengthen employer-provided
health care in the Commonwealth (House, No. 3775).
By the same member, for
the same committee, on a petition, a Bill improving the insurance partnership
program (House, No. 3766).
By the same member, for
the same committee, on a petition, a Bill to establish an oral health
outreach education program for child recipients of medicaid services (House,
No. 3781).
Severally read; and referred,
under Rule 33C, to the committee on Medicaid.
By Mr. Koutoujian of Waltham,
for the committee on Health Care, on a petition, a Bill relative to compassionate
care by the prompt pronouncement of death by a nurse practitioner (House,
No. 1663).
By Mr. Casey of Winchester,
for the committee on Taxation, on a petition, a Bill authorizing the town
of Belmont to designate a checkoff on its tax bill for the towns general
fund (House, No. 3979). [Local Approval Received].
By the same member, for
the same committee, on a petition, a Bill relative
to authorizing the modification of the form of property tax billing in
the town of Belmont (House, No. 3981). [Local Approval Received].
By Mr. Wagner of Chicopee,
for the committee on Transportation, on a petition, a Bill relative to
the relocation and alteration of layout of High Pole Hill Road in the
town of Provincetown (House, No. 3840). [Local Approval Received].
By the same member, for
the same committee, on a petition, a Bill designating
a certain bridge in the town of Methuen as the Joseph S. Franciosa Bridge
(House, No. 3898).
By the same member, for
the same committee, on a petition, a Bill authorizing
the town of North Andover to discontinue a certain public way (House,
No. 3911) [Local Approval Received].
By the same member, for
the same committee, on a petition, a Bill designating a certain overpass
in the town of Milton as the Private First Class Paul W. Curran Memorial
Overpass (House, No. 4206).
Severally read; and referred,
under Rule 7A, to the committee on Steering, Policy and Scheduling.
By Mr. Koutoujian of Waltham,
for the committee on Health Care, asking to be discharged from further
consideration
Of the petition (accompanied
by bill, House, No. 3782) of Kathleen M. Teahan and other members of the
General Court relative to the access of disabled children to medical care
and assistance;
Of the petition (accompanied
by bill, House, No. 3783) of Kathleen M. Teahan and other members of the
General Court relative to medical and dental care for foster children;
Of the petition (accompanied
by bill, House, No. 3785) of Kathleen M. Teahan and other members of the
General Court relative to the federal assistance from claims filed by
the Division of Medical Assistance on in-kind administrative services;
and
Of the petition (accompanied
by bill, House, No. 3786) of Kathleen M. Teahan and other members of the
General Court relative to managed care programs for certain children;
And recommending that the
same severally be referred to the committee on Medicaid.
Under Rule 42, the reports
severally were considered forthwith; and they were accepted. Severally
sent to the Senate for concurrence in the discharge of the committee.
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 Bill relative to
the commitment of sexually dangerous persons (Senate, No. 1005, amended);
and
Of the 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);
By Mr. Kujawski of Webster,
for the committee on Steering, Policy and Scheduling, asking to be discharged
from further consideration
Of the Bill further regulating
the weight of motor buses (Senate, No. 1285, amended);
Of the Bill relative to
the reporting of fires in schools (Senate, No. 1372);
Of the Bill authorizing
cities, towns and regional districts to send certain information to registered
voters (printed as Senate, No. 349);
Of the Bill relative to
the registration of motor vehicles owned and operated as part of a carsharing
service (House, No. 1335);
Of the Bill relative to
the operation of motor vehicles by unlicensed operators (House, No.
2504, changed); and
Of the Bill relative to
jet skis, surf jets, wet bikes and other personal watercraft in municipalities
(House, No. 4213);
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. Wagner of Chicopee,
for the committee on Transportation, asking to be discharged from further
consideration of the petition (accompanied by bill, House, No. 660) of
John J. Binienda for legislation to require the Massachusetts Turnpike
Authority to provide alternative fuel at facilities of said authority,—
and recommending that the same be referred to the committee on Energy.
Under Rule 42, the report was considered forthwith; and it was accepted.
Sent to the Senate for concurrence.
By Mr. Koutoujian of Waltham,
for the committee on Health Care, on a petition, a Bill relative to the
availability of services for early detection and prevention of lupus for
low income women (House, No. 2435).
By the same member, for
the same committee, on a petition, a Bill to improve oral health in elementary
school children (House, No. 2602).
By Mr. Wagner of Chicopee,
for the committee on Transportation, on a petition, a Resolve providing
for an investigation and study by the Massachusetts Highway Department
and the central transportation planning staff relative to widening state
Route 139 in the town of Marshfield (House, No. 1038).
By the same member, for
the same committee, on a petition, a Bill
discontinuing that portion of Gravelly Brook Road lying in the town of
Topsfield as a county highway, and authorizing and directing the Division
of Capital Asset Management to convey and grant all right, title and interest
in said discontinued portion to abutters (House, No. 1613).
Severally read; and referred,
under Rule 33, to the committee on Ways and Means.
Engrossed
Bill — Land Taking.
The engrossed Bill authorizing
the sale of certain conservation land in the town of North Reading (see
House bill printed in House, No. 4131, changed) (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 147 members voted
in the affirmative and 1 in the negative.
Therefore the bill was
passed to be enacted (more than two-thirds of the members having agreed
to pass the same); and it was signed by the acting Speaker and sent to
the Senate.
Engrossed Bill.
The engrossed Bill authorizing
the Commissioner of Capital Asset Management and Maintenance to convey
certain land to the city of Worcester (see House, No. 3917, amended) (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.
Orders of the Day.
The Senate Bill authorizing
the conservation commission of the town of Andover to grant an easement
(Senate, No. 1183), 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.
House bills
Relative to the terms of
certain bonds to be issued by the Commonwealth (printed in House, No.
4097); and
Relative to the terms of
certain bonds to be issued by the Commonwealth (printed in House, No.
4117); and
Establishing a sick leave
bank for Donna M. Tansey, an employee of the
Division of Employment and Training (House, No. 4250);
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.
Senate bills
Authorizing the town of
Carlisle to grant conservation restrictions for town owned conservation
land (Senate, No. 1148);
Relative to the Sandwich
water district (Senate, No. 1163, amended);
To provide for the appointment,
qualifications, compensation, duties, status, retirement and pensions
of summer special police officers on Nantucket Island (Senate, No. 1168);
Authorizing an increase
in fines for parking violations on the island of Nantucket (Senate, No.
1169);
Providing for a fuel revolving
account at Nantucket Memorial Airport (Senate, No. 1170);
Regulating the speed of
school buses on limited access highways (Senate, No. 1333);
Clarifying the name of
a certain bridge in the town of Amesbury (Senate, No. 1853);
Designating the Merrimac
Street, Route 1 bridge overpass in the city of Newburyport as the Raymond
F. Welch Memorial Overpass (Senate, No. 1854);
Authorizing the town of
Tewksbury or the Tewksbury Conservation Commission to convey certain easements
to Tennessee Gas Pipeline Company in the town of Tewksbury (Senate, No.
1938, changed);
Authorizing the town of
Southwick to grant an easement to Carol K. Collins (Senate, No. 1940);
Relative to certain funds
of the town of Charlton (Senate, No. 2059); and
Clarifying the jurisdiction
over public parks in the city of Holyoke (Senate,
No. 2090); and
House bills
Relative to assault and
battery on a child (printed as Senate, No. 163);
Relative to reckless endangerment
(printed as Senate, No. 214);
Exempting certain positions
in the city of Westfield from the civil service law (printed as Senate,
No. 1928);
Making amendments to the
Uniform Commercial Code covering provisions dealing with negotiable instruments
and bank deposits and collections (House, No. 92);
Authorizing the town of
Mendon to establish a capital expenditure fund (House, No. 192);
Relative to the Geriatric
Authority of the town of Milford (House, No. 193);
Increasing the number of
selectmen in the town of Foxborough from 3 to 5 (House, No. 583);
Relative to mortgage loan
disclosures (House, No. 1425);
Clarifying certain interests
in bankruptcy proceedings (House, No. 2192);
Providing for uniform regulatory
standards (House, No. 2823);
Making certain technical
amendments to the Supplemental Appropriations Act of fiscal year 2003
(printed in House, No. 3727, changed);
Relative to the survivor
benefits of George Calder (House, No. 3868);
Relative to the Charter
of the town of Andover (House, No. 3887, changed);
Relative to rent regulations
in mobile home park accommodations in the town of Williamstown (House,
No. 3891);
Relative to annual elections
in the town of North Andover (House, No. 3906);
Relative to speech-language
pathologists (House, No. 3957);
Authorizing the town of
Dedham to reimburse certain sewer fees paid in error (House, No. 3997);
Authorizing the town of
Dedham to reimburse certain sewer fees paid in error (House, No. 3998);
Authorizing the town of
Carlisle to grant conservation restrictions for town owned conservation
land (House, No. 4007);
Relative to granting of
an easement by the city of Newton to the Massachusetts Water Resources
Authority (House, No. 4009);
Providing for a selectmen-town
manager form of government in the town of Foxborough (House, No. 4018,
changed);
Authorizing the town of
North Andover to grant a certain easement (House, No. 4090);
Granting authority to lease
buildings or land long-term in the city known as the town of Franklin
(House, No. 4091);
Relative to annuity contracts
(House, No. 4193);
Authorizing the Commissioner
of the Division of Capital Asset Management and Maintenance to convey
certain land in the city of Waltham (House, No. 4202); and
Relative to the appointment
of public safety officers (House, No. 4218);
Severally were read a second
time; and they were ordered to a third reading.
The House report of the
committee on Health Care, ought NOT to pass, on so much of the recommendations
of the Division of Medical Assistance (House, No. 57) as relates to transferability
between accounts (accompanied by bill, House, No. 61) was accepted. Sent
to the Senate for concurrence.
The House report of the
committee on Human Services and Elderly Affairs, ought NOT to pass, on
the petition (accompanied by bill, House, No. 3530) of Christopher P.
Asselin for legislation to require parents to reimburse the Department
of Social Services for certain foster care expenses, was accepted.
Recess.
At eight minutes after
eleven o’clock A.M., on motion of Mr. Rushing of
Boston (Mrs. Walrath of Stow being in the Chair), the House recessed until
one o’clock P.M.; and at seventeen minutes after one o’clock
the House was called to order with Mr. Tobin of Quincy in the Chair.
 |
The motion of Mr. Festa
of Melrose, that the vote be reconsidered by which the House, on Wednesday,
October 8, refused to pass to be engrossed the House Bill relative to
Sunday sales of alcohol (House, No. 1474, amended), was considered.
Pending the question on
reconsideration, further consideration thereof was postponed, on further
motion of the same member, until Wednesday, January 7, 2004.
The Senate Bill relative
to public employees serving in the armed forces of the United States (Senate,
No. 1985, 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, as amended, to be engrossed, in concurrence, Mr. Jones
of North Reading asked for a count of the House to ascertain if a quorum
was present. The Chair (Mr. Tobin of Quincy), having determined that a
quorum was not in attendance, then directed the Sergeant-at-Arms to secure
the presence of a quorum.
Subsequently a roll call
was taken for the purpose of ascertaining the presence of a quorum; and
on the roll call 145 members were recorded as being in attendance.
Therefore a quorum was
present.
Mr. Costello of Newburyport
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 text
contained in House document numbered 4307.
After debate on the question on
adoption of the amendment (the Speaker being in the Chair) the sense
of the House was taken by yeas and nays, at the request of Mr. Connolly
of Everett; and on the roll call (Mrs. Harkins of Needham being in the
Chair), 151 members voted in the affirmative and 0 in the negative.
Therefore the amendment
was adopted.
The bill (Senate, No. 1985,
amended) then was passed to be engrossed, in concurrence. Sent to the
Senate for concurrence in the amendment.
Reports of a Committee.
Mr. Rogers of Norwood,
for the committee on Ways and Means, on a message from His Excellency
the Governor (for message, see House, No. 4005), returning with His disapproval
of certain items and sections and parts of certain items, and reductions
in certain items contained in the engrossed Bill making appropriations
for the fiscal year 2004 for the maintenance of the departments, boards,
commissions, institutions and certain activities of the Commonwealth,
for interest, sinking fund and serial bond requirements and for
certain permanent improvements (see House, No. 4004), reported, in part, in each instance, that certain items (contained in
section 2) stand (as passed by the General Court).
Under suspension of the
rules, in each instance, on motion of the same member, the following items
were considered; and the sense of the House, in each instance, was determined
by yeas and nays, as required by Chapter I, Section I, Article II of the
Constitution, as follows:
Item 8000-0125, which had
been reduced by the Governor, was considered, as follows:
“8000-0125 For the operation
of the sex offender registry program, including, but not limited to, the
costs of maintaining a computerized registry system and the classification
of persons subject to the
registry 3,596,891”.
[The Governor reduced the
item to $3,356,945]
After debate, the question
on passing said item, notwithstanding the reduction of the Governor, was
determined by yeas and nays, as required by the Constitution; and on the
roll call 151 members voted in the affirmative and 0 in the negative.
Therefore item 8000-0125 was passed,
notwithstanding the reduction of the Governor (more than two-thirds of
the members present and voting having voted in the affirmative). Sent
to the Senate for its action.
Item 2810-2040, which had
been reduced by the Governor, was considered, as follows:
“2810-2040 The division
of state parks and recreation may expend revenues collected up to a maximum
of $2,703,218 from fees charged by the division of state parks and recreation,
including revenues collected from campsite reservation transactions from
the automated campground reservation and registration program for additional
expenses, upkeep and improvements to the parks and recreation system of
the division of state parks and recreation; provided, that no funds from
this item shall be expended for the costs of personnel, including seasonal
employees; provided further, that for the purpose of accommodating timing
discrepancies between the receipt of retained revenues and related expenditures,
the division of state parks and recreation may incur expenses and the
comptroller may certify for payment amounts not to exceed the lower of
this authorization or the most recent revenue estimate therefor as reported
in the state accounting system; provided further, that no expenditures
made in advance of the receipts shall be permitted to exceed 75 per cent
of the amount of revenues projected by the first quarterly statement required
by section 1B; provided further, that the comptroller shall notify the
budget director and the chairmen of the house and senate committees on
ways and means at the time subsequent quarterly statements are published
of the variance between actual and projected receipts in each such quarter
and the implications of said variance for expenditures made from; and
provided further, that the division of state parks and recreation may
issue grants to public and
non-public entities from this
item 2,703.218”.
[The Governor reduced the
item to $2,553,218 and reduced the following
wording: “The division of state parks and recreation may expend
revenues collected up to a maximum of $2,703,218 from fees
charged by the division of state parks and recreation, including revenues
collected from campsite reservation transactions from the automated campground
reservation and registrtion program for additional expenses, upkeep and
improvements to the parks and recreation system of the division of state
parks and recreation” to the following wording: “The division
of state parks and recreation may expend revenues collected up to a maximum
of $2,553,218 from fees charged by the division of state parks and recreation,
including revenues collected from campsite reservation transactions from
the automated campground reservation and registrtion program for additional
expenses, upkeep and improvements to the parks and recreation system of
the division of state parks and recreation”.]
After debate the question
on passing said item, notwithstanding the reductions of the Governor,
was determined by yeas and nays, as required by the Constitution; and
on the roll call 140 members voted in the affirmative and 11 in the negative.
Therefore item 2810-2040 was passed,
notwithstanding the reductions of the Governor (more than two-thirds of
the members present and voting having voted in the affirmative). Sent
to the Senate for its action.
Item 1410-0400, which had
been reduced by the Governor, was considered, as follows:
“1410-0400 For reimbursing
cities and towns for money paid for veterans’ benefits and for payments
to certain veterans; provided, that said reimbursements shall be made
pursuant to section 6 of chapter 115 of the General Laws; provided further,
that notwithstanding any general or special law to the contrary, 100 per
cent of the amounts of veterans’ benefits paid by cities and towns
to residents of a soldiers’ home shall be paid by the commonwealth
to the several cities and towns; provided further, that pursuant to section
9 of said chapter 115, the department shall reimburse cities and towns for the cost of United States flags placed on the graves of veterans on Memorial day;
provided further, that notwithstanding any general or special law to the
contrary, the commissioner of veterans’ services may continue a
training program for veterans’ agents and directors of veterans’
services in cities and towns of the commonwealth; provided further, that
the purpose of such training program shall be to maximize federal assistance
available for veterans and to assure that such agents and directors receive
uniform instruction on providing veterans and dependents with advice relative
to procurement of state, federal and local benefits to which they are
entitled, including employment, education, health care, retirement and
other veterans’ benefits; provided further, that the subject matter
of such training program shall include benefits available under chapter
115 of the General Laws and alternative resources, including those which
are partially or wholly subsidized by the federal government, such as
Medicaid, Supplemental Security Income, and Social Security Disability
benefits, as well as federal pension and compensation entitlements; provided
further, that the commissioner shall promulgate regulations for said training
program; provided further, that upon successful participation by such
veterans’ agents or directors of veterans’ services in such
training program, the costs of such training program incurred by the several
cities and towns shall be reimbursed by the commonwealth on or before
November 10 following the fiscal year in which such costs were paid; provided
further, that any person applying for veterans benefits to pay for services
available to medical assistance under chapter 118E of the General
Laws, shall also apply for medical assistance under chapter 118E to minimize
cost of the commonwealth and its municipalities; provided further, that
veterans’ agents shall complete applications authorized by the division
of medical assistance under chapter 118E for any veteran, widow and dependent
applying for medical assistance under chapter 115; provided further, that
the veterans’ agent shall file the application for the veteran or
dependent for assistance under said chapter 118E; provided further, that
the division of medical assistance shall act on all chapter 118E applications
and advise the applicant and the veterans’ agent of the applicant’s
eligibility for chapter 118E healthcare; provided further, that the veterans’
agent shall advise the applicant of the right to assistance for medical
benefits under chapter 115 pending approval of the application for assistance
under chapter 118E by the division of medical assistance; provided further,
that the commissioner may supplement healthcare pursuant to said chapter
118E, with healthcare coverage under said chapter 115, if he determines
that supplemental coverage is necessary to afford the veteran or dependent
sufficient relief and support; provided further, that payments to or on
behalf of a veteran or dependent pursuant to chapter 115 shall not
be considered income for the purposes of determining eligibility under
chapter 118E; and provided further, that benefits awarded pursuant to
section 6B of chap-
ter 115 shall be considered countable
income 8,034,959”.
[The Governor reduced the
item by striking out the following wording: “provided further, that
notwithstanding any general or special law to the contrary, the commissioner
of veterans’ services may continue a training program for veterans’
agents and directors of veterans’ services in cities and towns of
the commonwealth; provided further, that the purpose of such training
program shall be to maximize federal assistance available for veterans
and to assure that such agents and directors receive uniform instruction
on providing veterans and dependents with advice relative to procurement
of state, federal and local benefits to which they are entitled, including
employment, education, health care, retirement and other veterans’
benefits; provided further, that the subject matter of such training program
shall include benefits available under chapter 115 of the General Laws
and alternative resources, including those which are partially or wholly
subsidized by the federal government, such as Medicaid, Supplemental Security
Income, and Social Security Disability benefits, as well as federal pension
and compensation entitlements; provided further, that the commissioner
shall promulgate regulations for said training program; provided further,
that upon successful participation by such veterans’ agents or directors
of veterans’ services in such training program, the costs of such
training program incurred by the several cities and towns shall be reimbursed
by the commonwealth on or before November 10 following the fiscal year
in which such costs were paid”.]
After debate, the question
on passing said item, notwithstanding the reduction of the Governor, was
determined by yeas and nays, as required by the Constitution; and on the
roll call 151 members voted in the affirmative and 0 in the negative.
Therefore item 1410-0400
was passed, notwithstanding the reduction of the Governor (more than two-thirds
of the members present and voting having voted in the affirmative). Sent
to the Senate for its action.
Silent Prayer.
At the request of Representatives
Owens-Hicks of Boston, St. Fleur of Boston,
Rushing of Boston, Swan of Springfield and Sánchez of Boston, the
members, guests and employees stood in a moment of silent prayer in memory
of Mrs. Ruth Batson, an accomplished and long-time civil rights activist.
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.
Ms. Spiliotis of Peabody
then moved that the House adjourn; and the motion prevailed. Accordingly,
without further consideration of the remaining matters in the Orders of
the Day, at five minutes before four o’clock P.M. (Mrs. Harkins
of Needham being in the Chair) the House adjourned, to meet on Monday
next at eleven o’clock A.M., in an Informal Session.