JOURNAL OF THE HOUSE.

Wednesday, November 7, 2001.

 
 

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

God, Our Creator, we pray that our hearts and minds will be filled with Your gifts of hope, wisdom and fortitude as we address the items on today’s legislative calendar. In Your goodness, guide our efforts to protect the human, civil and religious rights of all and to promote programs and issues which serve the needs of people and the times. During these stressful and uncertain days, help us to cope fairly with the demands, expectations and needs of the electorate with our shrinking financial resources. Grant us the ability and willingness to work together to achieve sound legislative goals and to plan for a bright and prosperous future for our children. Inspire us to remain faithful to You and to our own high ideals and principles.

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 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 a previously scheduled commitment in the city of Springfield. Any roll calls that he 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 Ms. Atkins of Concord) congratulating Jerry Melanson on receiving the Massachusetts Hockey Assistant Coach of the Year Award;

Resolutions (filed by Mr. Atsalis of Barnstable) congratulating the EPAC Grotto of the Mystic Order of Veiled Prophets of the Enchanted Realm on its fiftieth anniversary;

Resolutions (filed by Mr. Atsalis of Barnstable) saluting the patriotic service and bravery of Lieutenant Matthew Neil Smith and the crew of the aircraft carrier USS Theodore Roosevelt (CVN 71);

Resolutions (filed by Mr. Galvin of Canton) honoring Mario J. Gada on being chosen Knight of the Year by the Canton Knights of Columbus;

Resolutions (filed by Mr. Galvin of Canton) honoring Ray Valas on being chosen Knight of the Year by the Canton Knights of Columbus; and

Resolutions (filed by Mr. Koutoujian of Newton) honoring Howard M. Haywood;

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

Special Report.

A report of the special committee of the House (established under House Order, No. 2825 of 2001, and continued by an order adopted by the House on September 10, 2001) to make an investigation and study of the feasibility of automating the House of Representatives (House, No. 4725), was referred to the committee on Rules.

Petitions.

Mr. Petersen of Marblehead presented a petition (accompanied by bill, House, No. 4720) of Douglas W. Petersen, Edward J. Clancy, Jr., and Thomas M. McGee (by vote of the town) relative to amending the charter of the town of Swampscott; and the same was referred to the committee on Local Affairs. Sent to the Senate for concurrence.

Petitions severally were presented and referred as follows:

By Mrs. Paulsen of Belmont, petition (subject to Joint Rule 12) of Anne M. Paulsen, J. James Marzilli, Jr., and Robert A. Havern for legislation to authorize the Probate and Family Court Department to establish a sick leave bank for Maureen Craucher, an employee of said department.

By Mr. Atsalis of Barnstable (by request), petition (subject to Joint Rule 12) of Nestor Silva relative to limiting increases in fees charged by cities and towns.

By Mr. Donnelly of Boston, petition (subject to Joint Rule 12) of David T. Donnelly relative to the description of property in marriage contracts and the recording of said contracts.

By the same member, petition (subject to Joint Rule 12) of David T. Donnelly relative to uniform durable power of attorney.

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

Papers from the Senate.

Bills

Authorizing the town of Milton to transfer land to the Milton school department (Senate, No. 2098) (on a petition) [Local Approval Received];

Relative to the Development and Industrial Commission of the town of Oxford (Senate, No. 2135) (on a petition) [Local Approval Received]; and

Establishing an elected water and sewer commission in the town of Charlton (Senate, No. 2138) (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 Mr. Bosley of North Adams, for the committee of conference on the disagreeing votes of the two branches, with reference to the Senate amendment (striking out all after the enacting clause and inserting in place thereof the text contained in Senate document numbered 2074) of the House Bill providing for improvements to the horse and greyhound racing industry in the Commonwealth and the regulation thereof (House, No. 4261), reports recommending that the House recede from its NON-concurrence in the Senate amendment and concur therein with a further amendment striking out all after the enacting clause and inserting in place thereof the text contained in House document numbered 4719 and that the Senate concur therein.

Under suspension of the rules, on motion of Mr. Bosley, the report was considered forthwith.

Pending the question on acceptance of the report, further consideration thereof was postponed, on further motion of the same member, until the hour of one o’clock P.M.

Subsequently, the noon recess having terminated, the report was considered further. Pending the question on acceptance of the report, further consideration thereof was postponed, on motion of Mrs. Paulsen of Belmont, until after disposition of the remaining matters in the Orders of the Day.

Subsequently, there being no objection, the report was considered further. After debate the report of the committee of conference was accepted. Mr. Bosley of North Adams moved that this vote be reconsidered; and the motion to reconsider was negatived. The report then was sent to the Senate for concurrence.

Mr. Scaccia of Boston, for the committee on Rules, on the 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. 4312) reported, in part, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 723) of the International Brotherhood of Police Officers, David M. Nangle and Steven C. Panagiotakos relative to the civil service status of certain employees in the Department of Correction,— and recommending that the same be recommitted to the committee on Public Service. 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 Public Service to make an investigation and study of certain House documents concerning active and retired public employees (House, No. 4655) reported, in part, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 4418) of John P. Fresolo, John J. Binienda and Guy W. Glodis relative to Francis X. Sena, an employee in the Division of Industrial Accidents,— and recommending that the same be recommitted to the committee on Public Service. 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 to ensure fair contracting for health care services (House, No. 1777),— and recommending that the same be referred to the committee on Ways and Means. Under Rule 42, the report was considered forthwith; and it was accepted.

By Mr. Koczera of New Bedford, for the committee on Natural Resources and Agriculture, on House, Nos. 2207 and 3385, an Order relative to authorizing the committee on Natural Resources and Agriculture to make an investigation and study of certain House documents concerning genetically engineered food and crops (House, No. 4721).

By the same member, for the same committee, on House, No. 3779, an Order relative to authorizing the committee on Natural Resources and Agriculture to make an investigation and study of a certain House document concerning the closing of a certain landfill site in the city of Fall River (House, No. 4722).

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. Bosley of North Adams, for the committee on Government Regulations, on a petition, a Bill relative to the temporary relocation of utility wires (House, No. 249).

By Mr. Koczera of New Bedford, for the committee on Natural Resources and Agriculture, on House, Nos. 88, 99, 1159 and 3158, a Bill relative to the Agricultural Preservation Restriction Program (House, No. 3158).

By the same member, for the same committee, on House, Nos. 2210 and 3773, a Bill to improve the state’s watersheds through establishment of local stormwater utilities districts (House, No. 4723).

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

By Mrs. Parente of Milford, for the committee on Local Affairs, on a petition, a Bill authorizing the repaying of sewer fees paid in error (House, No. 4694) [Local Approval Received].

By Mr. Dempsey of Haverhill, for the committee on Public Service, on a recommitted petition, a Bill authorizing the town of North Attleborough to continue the employment of Brian F. Coyle (House, No. 4308) [Local Approval Received].

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

Motion to Suspend Rule 24(2).

Mr. Casey of Winchester moved that Rule 24(2) be suspended so that he might offer, from the floor, Resolutions condemning the hiring practices for and compensation and other benefits, including, but not limited to, employment compensation and severance compensation, paid to the executive head of a certain public authority.

Pending the question on suspension of Rule 24(2), further consideration thereof was postponed, on further motion of the same member, until one o’clock P.M.

Subsequently, the noon recess having terminated, further consideration thereof was postponed, on motion of Mr. Casey, until after disposition of the matters in the Orders of the Day.

Motion to Suspend Rule 24(3).

Mr. Casey of Winchester moved that Rule 24(3) be suspended so that he might offer, from the floor, a petition (subject to Joint Rule 12) of Paul C. Casey and other members of the House relative to establishing a special commission (including members of the General Court) to make an investigation and study of the hiring practices and compensation and benefits of certain executive officials.

Pending the question on suspension of Rule 24(3), further consideration thereof was postponed, on further motion of the same member, until one o’clock P.M.

Subsequently, the noon recess having terminated, further consideration thereof was postponed, on motion of Mr. Casey, until after disposition of the matters in the Orders of the Day.

Reconsideration.

Mr. Connolly of Everett moved that the vote be reconsidered by which the House, at the preceding sitting, passed to be engrossed the House Bill relative to the management of state chartered banks (House, No. 1723); and the motion to reconsider prevailed.

Pending the recurring question on passing the bill to be engrossed, the same member moved that it be amended in section 3, in lines 21 and 50, in section 6, in line 18, and in section 9, in line 19, by striking out, in each instance, the word “first”; and in section 3, in line 52, by striking out the following: “$275,000” (as changed by the committee on Bills in the Third Reading) and inserting in place thereof the following: “$500,000”.

The amendments were adopted; and the bill (House, No. 1723, amended) was passed to be engrossed. Sent to the Senate for concurrence.

Orders of the Day.

The Senate Bill relative to the income tax deduction for charitable giving (Senate, No. 1826, changed and amended) (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, in concurrence.

House bills

Relative to gift certificates (House, No. 216);

Relative to elections for town meeting members in the town of Milford (printed in House, No. 4069) (its title having been changed by the committee on Bills in the Third Reading); and

Relative to the zoning by-laws of the town of Needham (House, No. 4290) (its title having been changed by the committee on Bills in the Third Reading);

Severally reported by said committee to be correctly drawn, were read a third time; and they were passed to be engrossed. Severally sent to the Senate for concurrence.

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

Senate bills

Relative to election officers in towns (Senate, No. 353); and

Authorizing the town of Topsfield to convey a certain parcel of conservation land to the town of Boxford for conservation purposes (Senate, No. 2106); and

House bills

Relative to the licensing of pipefitters (House, No. 142);

Authorizing the city of Waltham to establish a post employment health insurance trust fund (House, No. 349);

Establishing a memorial for members of the armed forces who died in the Persian Gulf Conflict (House, No. 921);

Directing certain payments to cities and towns by the Massachusetts Port Authority (House, No. 1875);

Further regulating the eligibility requirements for civil service applications for examination or registration (House, No. 2410);

Relative to payment of certain medical expenses of Boston firefighters Joseph Cady and Alonzo P. Brooks (House, No. 4056);

Authorizing the town of Chatham to grant an easement in certain conservation land (House, No. 4369);

Validating the actions taken at certain town meetings held in the town of Oak Bluffs (printed in House, No. 4383);

Authorizing the town of Sudbury to use certain conservation land for municipal purposes (House, No. 4394);

Relating to the debt limit of the town of Millis (House, No. 4421);

Authorizing the town of Millis to pay a vendor (House, No. 4422);

Relative to reduction of sewer fee liability in the town of Dedham in exchange for volunteer services by persons over age sixty (House, No. 4445);

Permitting the town of Framingham to offer an elderly discount program for water and sewer rates (House, No. 4463);

Relative to recall elections in the town of Fairhaven (House, No. 4473); and

Providing for an early retirement incentive program for certain employees of the Springfield Water and Sewer Commission (House, No. 4685);

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

House reports

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

Of the committee on Taxation, 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 accepted. Severally sent to the Senate for concurrence.

The House report 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, was accepted.

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

The House Bill returning tax title properties to productive use (House, No. 2272), 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, Mr. Koczera of New Bedford moved that it be amended by substitution of a bill with the same title (House, No. 4726), which was read.

After remarks on the question on adoption of the amendment, Mr. Marini of Hanson and other members of the House moved that the proposed substitute bill be amended by striking out section 4.

After debate on the question on adoption of the further amendment, the sense of the House was taken by yeas and nays, at the request of Mr. Marini; and on the roll call 21 members voted in the affirmative and 133 in the negative.

[See Yea and Nay No. 132 in Supplement.]

Therefore the further amendment was rejected.

The amendment recommended by Mr. Koczera of New Bedford then was adopted.

On the question on passing the substituted bill to be engrossed, the sense of the House was taken by yeas and nays, at the request of Mr. Koczera; and on the roll call 135 members voted in the affirmative and 16 in the negative.

[See Yea and Nay No. 133 in Supplement.]

Therefore the bill was passed to be engrossed.

Subsequently Mr. Koczera moved that this vote be reconsidered; and the motion to reconsider was negatived. The bill (House, No. 4726) then was sent to the Senate for concurrence.

Engrossed Bills — Land Takings.

The engrossed Bill authorizing the park commissioners of the town of Rochester to change the use of a certain parcel of municipal land (see House, No. 855) (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 153 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 134 in Supplement.]

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

The engrossed Bill authorizing the city known as the town of Methuen to enter into a lease agreement with Dispatch Communications (see House, No. 4667) (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 154 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 135 in Supplement.]

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

The engrossed Bill authorizing the town of Burlington to lease certain conservation land (see House, No. 4649) (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 154 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 136 in Supplement.]

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

The engrossed Bill authorizing the conveyance of a certain parcel of land in the town of Duxbury (see House, No. 4297) (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 154 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 137 in Supplement.]

Therefore the bill 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 tomorrow at eleven o’clock A.M.

Accordingly, without further consideration of the remaining matters in the Orders of the Day, at twenty-nine minutes after three o’clock P.M., on motion of Mr. Scaccia of Boston (Mr. DiMasi of Boston being in the Chair), the House adjourned, to meet tomorrow at eleven o’clock A.M., in an Informal Session.