JOURNAL OF THE HOUSE.
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Tuesday,
November 18, 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:
God, Our Creator, we place
our confidence and trust in You and in Your personal concern for us. The
spiritual and human values, which You have made known to us, offer a clear
blueprint for meaningful and successful daily living. Your assistance
and direction enables us to formulate sound intellectual and moral goals
and priorities as we try to cope with the demands and pressures of each
new day. In proposing legislation, grant us the wisdom and patience to
evaluate correctly existing data and the new information which comes to
us — some accurate and some erroneous. Let our legislative and policy
decisions help and benefit people now and in the future. May Your gifts
of peace, integrity and joy remain a constant reality in our lives as
we deal with people, conflicts and opportunities.
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.
Guests of the House.
Mr. DiMasi of Boston then
took the Chair, declared a brief recess and introduced Sally Hoyt (Senate
President), Anne MacGillvray (Speaker of the House), Antoinette LoConte
(Speaker pro tempore) and Domenica Piscitella (Senate Chief of Staff),
all of the Silver Haired Legislature. They were the guests of the Speaker
and the entire House membership.
Papers from the Senate. A Bill protecting the natural
and historic resources of the Commonwealth (Senate, No. 1254, amended
in section 2, in line 12, by striking out the following: “section
8 of”, in line 35 by striking out the following: “purposes
of Article 97” and inserting in place thereof the words “natural
resource purposes”, in line 41 by inserting after the word “is”
and also after the word “or” (the second time it appears),
in each instance, the word “for”, in line 65 by striking out
the word “or” and inserting in place thereof the word “and”
and in line 141 by striking out the word “affair” and inserting
in place thereof the word “affairs”) (on a petition), passed
to be engrossed by the Senate, was read; and it was referred, under Joint
Rule 29, to the committees on Rules of the two branches, acting concurrently.
A Bill authorizing the Department
of Highways and the city of Westfield to divert the use of certain parcels
of land in the city of Westfield (Senate, No. 2087) (on a petition) [Local
Approval Received]; passed to be engrossed by the Senate, was read; and
it was referred, under Rule 33, to the committee on Ways and Means.
Bills
To enhance the management
of problem wildlife (Senate, No. 1207) (on a petition);
Authorizing the disposition
by exchange of land held for preservation of natural scenic and open qualities
(Senate, No. 2086) (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. Scaccia of Boston,
for the committee on Rules and the committees on Rules of the two branches,
acting concurrently, that Joint Rule 12 be suspended on the petition of
Paul C. Demakis, J. James Marzilli, Jr., Matthew C. Patrick and Robert
O’Leary relative to establishing a minimum energy efficiency standard
for certain products. Under suspension of the rules, on motion of Mrs.
Walrath of Stow, the report was considered forthwith. Joint Rule 12 was
suspended; and the petition (accompanied by bill) was referred to the
committee on Energy. Sent to the Senate for concurrence.
By Mr. Scaccia of Boston,
for the committee on Rules, that the Bill relative to the reporting of
fires in schools (Senate, No. 1372) 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; and, under said rule, it was placed in the Orders of the
Day for the next sitting for a second reading.
By Mr. Rogers of Norwood,
for the committee on Ways and Means, that the Bill authorizing the Division
of Capital Asset Management and Maintenance to convey a certain parcel
of land in the town of Washington (Senate, No. 1972, changed and amended)
ought to pass with certain amendments. Referred, under Rule 7A, to the
committee on Steering, Policy and Scheduling with the amendments pending.
Mr. Kujawski of Webster,
for said committee, reported that the matter be scheduled for consideration
by the House; and, under said rule, it was placed in the Orders of the
Day for the next sitting for a second reading with the amendments pending.
By Mr. Rogers of Norwood,
for the committee on Ways and Means, to whom were referred the Bill relative
to certain tobacco manufacturers (House, No. 4279) and the Bill protecting
the public health and enhancing cigarette escrow compliance (House, No.
4305) reports recommending that the bill (House, No. 4305) ought to pass
with an amendment substituting therefor a Bill with the same title (House,
No. 4327). Referred, under Rule 7A, to the committee on Steering, Policy
and Scheduling with the amendment pending.
Mr. Kujawski of Webster,
for said committee, reported that the matter be scheduled for consideration
by the House; and, under said rule, it was placed in the Orders of the
Day for the next sitting for a second reading with the amendment pending.
By Mr. Rogers of Norwood,
for the committee on Ways and Means, that the Bill further regulating
the use of plowing equipment on motor vehicles (House, No. 1338) 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; and, under said rule, it was placed in the Orders of the
Day for the next sitting for a second reading.
By Mr. Rogers of Norwood,
for the committee on Ways and Means, that the Bill relative to the retirement
benefits of certain public employees (House, No. 3587) 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; and, under said rule, it was placed in the Orders of the
Day for the next sitting for a second reading.
Engrossed Bills.
Engrossed bills
Establishing a new business
corporation act (see Senate, No. 103, amended) (which originated in the
Senate);
Authorizing the town of
Hingham to grant an additional license for the sale of all alcoholic beverages
to be drunk on the premises (see House, No. 3886, amended); and
Granting civil service preference
to the children of a certain deceased police officer (see House, No. 3942);
(Which severally originated
in the House);
Severally having been certified
by the Clerk to be rightly and truly prepared for final passage, were
passed to be enacted; and they were signed by the acting Speaker and sent
to the Senate.
Orders of the Day.
The Senate Bill authorizing
the commissioner of Capital Asset Management and Maintenance to modify,
extinguish and relocate a certain easement in the city of Lawrence (Senate,
No. 2083, 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
Providing for uniform regulatory
standards for certain insurance companies (House, No. 2823) (its title
having been changed by the committee on Bills in the Third Reading);
Authorizing a public waterfront
walkway to be exempted from the harbor line in the Charlestown Navy Yard
in the city of Boston (House, No. 3857) (its title having been changed
by the committee on Bills in the Third Reading);
Authorizing the town of
Southampton to issue an additional license for the sale of all alcoholic
beverages not to be drunk on the premises (House, No. 4162); and
Relative to annuity contracts
(House, No. 4193);
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.
The Senate Bill authorizing
the town of Palmer to establish a special revenue fund (Senate, No. 1947);
and
House bills
Affirming the standard for
commercially used weights and measures devices (House, No. 27);
Relative to the Dighton
Water District (House, No. 387);
Relative to compassionate
care by the prompt pronouncement of death by a nurse practitioner (House,
No. 1663);
Relative to motorcycle awareness
(House, No. 2124);
Relative to the removal
of veterans’ commemorative flag holders (House, No. 2390);
Authorizing the Department
of Revenue to make a certain refund (House, No. 3101);
Exempting the position of
deputy police chief of Chelmsford from civil service (House, No. 3836);
Authorizing the town of
Monroe to lease certain land (House, No. 3993, changed);
Establishing an infrastructure
and town property capital improvements fund in the city known as the town
of Franklin (House, No. 4072);
Relative to the off-street
parking board in the city of Worcester (House, No. 4082);
Relative to a change in
land use in the town of Lakeville (House, No. 4112);
Validating the proceedings
of the annual town meeting in the town of Palmer (printed in House, No.
4141);
Authorizing the town of
Florida to lease certain land (House, No. 4163, changed);
Relative to the town administrator
of the town of West Boylston (House, No. 4230);
Relative to group marketing
plans (House, No. 4295); and
Relative to the time allowed
for local assessors to appeal the valuation of state-owned lands to the
Appellate Tax Board (House, No. 4297);
Severally were read a second
time; and they were ordered to a third reading.
The House report of the
committee on Natural Resources and Agriculture, ought NOT to pass, on
the petition (accompanied by bill, House, No. 1153) of Harold P. Naughton,
Jr., and Lewis G. Evangelidis relative to establishing a visitor impact
fund to assist cities and towns hosting visitors to state parks, forests
and reservations, was accepted.
Recesses.
At twenty-five minutes before
twelve o’clock noon, on motion of Mrs. Walrath of Stow (Mr. DiMasi
of Boston being in the Chair), the House recessed until one o’clock
P.M.; and at twelve minutes after one o’clock the House was called
to order with Mr. DiMasi in the Chair.
The House thereupon took
a further recess, on motion of Mr. Tobin of Quincy, until three o’clock;
and at thirteen minutes after three o’clock the House was called
to order with Mr. DiMasi in the Chair.
Engrossed
Bill — Land Taking.
The engrossed Bill authorizing
the commissioner of Capital Asset Management and Maintenance to modify,
extinguish and relocate a certain easement in the city of Lawrence (see
Senate, No. 2083, changed and amended) (which originated in the Senate),
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 159 members voted
in the affirmative and 0 in the negative.
[See Yea and Nay No. 448 in
Supplement.]
Therefore the bill was passed
to be enacted; and it was signed by the acting Speaker and sent to the
Senate.
Reports
of Committees.
By Mr. Rogers of Norwood,
for the committee on Ways and Means, that the Bill facilitating electronic
transactions (Senate, No. 2076, amended) 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. Larkin of Pittsfield, the bill was read a second
time forthwith; and it was ordered to a third reading.
By Mr. Kujawski of Webster,
for the committee on Steering, Policy and Scheduling, that the Bill exempting
the position of deputy chief of police in the town of Milford from the
provisions of civil service law (House, No. 3880) [Local Approval Received]
be scheduled for consideration by the House.
Under suspension of Rule
7A, on motion of Mrs. Parente of Milford, 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 authorizing the Division
of Capital Asset Management and Maintenance to convey certain land in
the town of Bridgewater to Patrick Driscoll (Senate, No. 1691, amended)
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. Flynn of Bridgewater, the bill was read a second
time forthwith; and it was ordered to a third reading.
By Mr. Kujawski of Webster,
for the committee on Steering, Policy and Scheduling, that the Bill relative
to the office of town manager in the town of Arlington (House, No. 4253)
[Local Approval Received] be scheduled for consideration by the House.
Under suspension of Rule
7A, on motion of Mr. Marzilli of Arlington, 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 the disposition
of certain state-owned land in the city of Medford (House, No. 3076) 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. 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 regulating commercial
electronic mail (Senate, No. 2019, amended) ought to pass. Referred, under
Rule 7A, to the committee on Steering, Policy and Scheduling with an amendment
previously recommended by the committee on Science and Technology (text
contained in House document numbered 4312) pending.
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. Dempsey of Haverhill, the bill was read a second
time forthwith.
The amendment previously
recommended by the committee on Science and Technology,— that the
bill be amended by striking out all after the enacting clause and inserting
in place thereof the text contained in House document numbered 4312),—
was rejected.
The bill then was ordered
to a third reading.
Under suspension of the
rules, on further motion of Mr. Dempsey, the bill was read a third time.
The committee on Bills in
the Third Reading reported asking to be discharged from further consideration
of the bill; and the report was accepted.
Pending the question on
passing the bill to be engrossed, in concurrence, the same member 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 4326.
The amendment was adopted;
and the bill (Senate, No. 2019, amended) was passed to be engrossed, in
concurrence. Sent to the Senate for concurrence in the amendment.
Subsequently the bill came
from the Senate with the endorsement that said branch had non-concurred
with the House in its amendment (striking out all after the enacting clause
and inserting in place thereof the text contained in House document number
4326).
The bill bore the further
endorsement that the Senate had asked for a committee of conference on
the disagreeing votes of the two branches; and that Senators Barrios,
Melconian and Sprague had been appointed as the committee on the part
of the Senate.
On motion of Mr. Dempsey
of Haverhill, the House insisted on its amendment; and concurred with
the Senate in the appointment of a committee of conference. The Speaker
appointed Representatives Dempsey, Pedone of Worcester and Polito of Shrewsbury
as the committee on the part of the House. Sent to the Senate to be noted.
By Mr. Rogers of Norwood,
for the committee on Ways and Means, that the Bill relative to the safe
placement of newborns and infants (House, No. 4325) ought to pass with
certain amendments in section 1, in line 00, by striking out the word
“The” and inserting in place thereof the words “Subject
to appropriation, the” and by adding at the end of said section
1 the following paragraph:
“The department shall
explore the possibility of expending funds received from the United States
Department of Health and Human Services pursuant to the Promoting Safe
and Stable Families Program, as most recently amended by the Promoting
Safe and Stable Families of 2001, in order to implement the public information
program required by this section and to alleviate the burden said information
program may have on the department’s appropriation from the commonwealth.
When implementing its public information program, the department shall
prioritize those areas of the commonwealth that have been identified by
the department of public health as having the highest teen pregnancy rates.”;
in section 2, in line 00, by striking out the year “2008”
and inserting in place thereof the year “2007”; in section
3, in line 00, by striking out the date “January 1, 2006”
and inserting in place thereof the date “June 30, 2008”; and
by adding at the end thereof the following section:
“SECTION 4. For purposes
of this act only, the following term shall be defined in the following
manner unless the context shall clearly indicate a different meaning or
intent:— ‘hospital’, a hospital that is licensed under
section fifty-one of chapter one hundred and eleven, or operated by the
teaching hospital of the University of Massachusetts Medical School.”.
Referred, under Rule 7A, to the committee on Steering, Policy and Scheduling
with the amendments pending.
Mr. Kujawski of Webster,
for said committee, reported that the matter be scheduled for consideration
by the House.
Mr. Rogers of Norwood then
moved that Rule 7A be suspended in order that the bill might be read a
second time forthwith.
After debate on the question
on suspension of Rule 7A, the sense of the House was taken by yeas and
nays, at the request of Mr. Peterson of Grafton; and on the roll call
101 members voted in the affirmative and 57 in the negative.
[See Yea and Nay No. 449 in
Supplement.]
Therefore the motion to
suspend Rule 7A was negatived (less than the required two-thirds of the
members present and voting having voted in the affirmative); and, under
said rule, the bill was placed in the Orders of the Day for the next sitting
for a second reading with the amendments recommended by the committee
on Ways and Means pending.
Recesses.
At twelve minutes before
five o’clock P.M., on motion of Mr. Petrolati of Ludlow (Mr. DiMasi
of Boston being in the Chair), the House recessed until half past six
o’clock; and at a quarter before seven o’clock the House was
called to order with Mr. Scaccia of Boston in the Chair.
The Chair (Mr. Scaccia)
thereupon declared a further recess subject to the call of the Chair;
and at half past seven o’clock the House was called to order with
the Speaker in the Chair.
Quorum.
Mr. Jones of North Reading
then asked for a count of the House to ascertain if a quorum was present.
The Speaker, 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 158 members were recorded as being in attendance.
Therefore a quorum was present.
Emergency Measure.
The engrossed Bill relative
to public employees serving in the armed forces of the United States (see
Senate, No. 1985, amended), 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 7 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 Senate) 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,
at the request of Mr. Jones of North Reading; and on the roll call 159
members voted in the affirmative and 0 in the negative.
Therefore the bill was passed
to be enacted; and it was signed by the Speaker and sent to the Senate.
Paper from
the Senate.
A Bill relative to the reform
of the unemployment insurance system (Senate, No. 2150) (on Senate bill,
No. 2146), passed to be engrossed by the Senate, was read.
Mr. Rogers of Norwood then
moved that the rules be suspended in order that the bill might be read
a second time forthwith.
After remarks on the motion
to suspend the rules, the sense of the House was taken by yeas and nays,
at the request of Mr. Peterson of Grafton; and on the roll call 136 members
voted in the affirmative and 23 in the negative.
Therefore the rules were
suspended.
The bill then was read a
second time; and it was ordered to a third reading.
Mr. Rogers then moved that
the rules be suspended in order that the bill might be read a third time.
After debate on the motion
to suspend the rules, the sense of the House was taken by yeas and nays,
at the request of Mr. Jones of North Reading; and on the roll call 136
members voted in the affirmative and 23 in the negative.
Therefore the rules were
suspended.
The bill (reported by the
committee on Bills in the Third Reading to be correctly drawn) then was
read a third time.
Pending the question on
passing the bill to be engrossed, in concurrence, Mr. Cabral of New Bedford
moved that it be amended by adding at the end thereof the following section:
“SECTION 16. Section
29 of chapter 151A, as appearing in the 2002 Official Edition, is hereby
amended by inserting after line 133, the following:—
(7) An individual otherwise
eligible for benefits from the loss of full-time work may not be disqualified
from any benefits attributable to the full-time work solely because the
individual left part-time employment during the base period before the
loss of said full-time work.”.
The amendment was rejected.
The same member then moved
that the bill be amended in section 5, in lines 00 to 00, inclusive, by
striking out the tables contained therein and inserting in place thereof
the following tables:
“Employer Account
Reserve Percentages
Negative Percentage
15.0 or more 8.7 9.3
9.7 10.3 10.8 11.3 11.8
14 but less than 15.0
8.4 9.0 9.4 10.0 10.5 11.0 11.5
13.0 but less than
14.0 8.1 8.7 9.1 9.7 10.2 10.7 11.2
12.0 but less than
13.0 7.8 8.4 8.9 9.4 9.9 10.4 10.9
11.0 but less than
12.0 7.5 8.1 8.6 9.1 9.6 10.1 10.6
10.0 less 11.0 7.2
7.8 8.3 8.8 9.3 9.8 10.3
9.0 but less than 10.0
6.9 7.5 8.0 8.5 9.0 9.5 10.0
8.0 but less than 9.0
6.6 7.2 7.7 8.2 8.7 9.2 9.7
7.0 but less than 8.0
6.3 6.9 7.4 7.9 8.4 8.9 9.4
6.0 but less than 7.0
6.0 6.6 7.1 7.6 8.1 8.6 9.1
5.0 but less than 6.0
5.9 6.3 6.8 7.3 7.8 8.3 8.8
4.0 but less than 5.0
5.6 6.0 6.5 7.0 7.5 8.0 8.5
3.0 but less than 4.0
5.3 5.7 6.2 6.7 7.2 7.7 8.2
2.0 but less than 3.0
5.0 5.4 5.9 6.4 6.9 7.4 7.9
1.0 but less than 2.0
4.7 5.1 5.6 6.1 6.6 7.1 7.6
0.0 but less than 1.0
4.4 4.8 5.3 5.8 6.3 6.8 7.3
Positive Percentage
0.0 but less than 0.5
4.0 4.3 4.8 5.4 5.9 6.4 6.9
0.5 but less than 1.0
3.9 4.2 4.7 5.3 5.8 6.3 6.8
1.0 but less than 1.5
3.8 4.1 4.6 5.2 5.7 6.2 6.7
1.5 but less than 2.0
3.7 4.0 4.5 5.1 5.6 6.1 6.6
2.0 but less than 2.5
3.6 3.9 4.4 5.0 5.5 6.0 6.5
2.5 but less than 3.0
3.5 3.8 4.3 4.9 5.4 5.9 6.4
3.0 but less than 3.5
3.4 3.7 4.2 4.8 5.3 5.8 6.3
3.5 but less than 4.0
3.3 3.6 4.1 4.7 5.2 5.7 6.2
4.0 but less than 4.5
3.2 3.5 4.0 4.6 5.1 5.6 6.1
4.5 but less than 5.0
3.1 3.4 3.9 4.5 5.0 5.5 6.0
5.0 but less than 5.5
3.0 3.3 3.8 4.4 5.9 5.4 5.9
5.5 but less than 6.0
2.9 3.2 3.7 4.3 4.8 5.3 5.8
6.0 but less than 0.5
2.8 3.1 3.6 4.2 4.7 5.2 5.7
6.5 but less than 1.0
2.7 3.0 3.5 4.1 4.6 5.1 5.6
7.0 but less than 1.5
2.6 2.9 3.4 4.0 4.5 5.0 5.5
7.5 but less than 2.0
2.5 2.8 3.3 3.9 4.4 4.9 5.4
8.0 but less than 2.5
2.4 2.7 3.2 3.8 4.3 4.8 5.3
8.5 but less than 3.0
2.3 2.6 3.1 3.7 4.2 4.7 5.2
9.0 but less than 3.5
2.2 2.5 3.0 3.6 4.1 4.6 5.1
9.5 but less than 10.0
2.1 2.4 2.9 3.5 4.0 4.5 5.0
10.0 but less than
10.5 2.0 2.3 2.8 3.4 3.9 4.4 4.9
10.5 but less than
11.0 1.9 2.2 2.7 3.3 3.8 4.3 4.8
11.0 but less than
11.5 1.8 2.1 2.6 3.2 3.7 4.2 4.7
11.5 but less than
12.0 1.7 2.0 2.5 3.1 3.6 4.1 4.6
12.0 but less than
12.5 1.6 1.9 2.4 3.0 3.5 4.0 4.5
12.5 but less than
13.0 1.5 1.8 2.3 2.9 3.4 3.9 4.4
13.0 but less than
13.5 1.4 1.7 2.2 2.8 3.3 3.8 4.3
13.5 but less than
14.0 1.3 1.6 2.1 2.7 3.2 3.7 4.2
14.0 but less than
14.5 1.2 1.5 2.0 2.6 3.1 3.6 4.1
14.5 but less than
15.0 1.1 1.4 1.9 2.5 3.0 3.5 4.0
15.0 or more 1.0 1.3
1.8 2.4 2.9 3.4 3.9”.
The amendment was rejected.
Mr. Jones of North Reading
and other members of the House then moved that the bill be amended in
section 10, in line 00, by striking out the figures “5.1”
and inserting in place thereof the figures “5.5”.
After debate on the question
on adoption of the amendment, the sense of the House was taken by yeas
and nays, at the request of Mr. Jones; and on the roll call 23 members
voted in the affirmative and 136 in the negative.
Therefore the amendment
was rejected.
Mr. Jones of North Reading
and other members of the House then moved that the bill be amended in
section 10, in lines 00 and 00, by striking out the following: “in
each of the 10 metropolitan statistical areas of the commonwealth”.
After debate on the question
on adoption of the amendment, the sense of the House was taken by yeas
and nays, at the request of Mr. Jones; and on the roll call 40 members
voted in the affirmative and 119 in the negative.
Therefore the amendment
was rejected.
The Speaker then interrupted
the pending business and placed before the House the question on suspension
of Rule 1A in order that the House might continue to meet beyond the hour
of nine o’clock P.M.
On the question on suspension
of Rule 1A, the sense of the House was taken by yeas and nays, as required
under the provision of said rule; and on the roll call 123 members voted
in the affirmative and 36 in the negative.
Therefore Rule 1A was suspended.
Mr. Jones of North Reading
and other members of the House then moved that the bill be amended by
adding at the end thereof the following section:
“SECTION 16. Subsection
(a) of section 24 of chapter 151A of the General Laws, as so appearing,
is hereby amended by striking out, in the first sentence, the word ‘thirty’
and inserting in place thereof the following:— forty.”.
After debate on the question
on adoption of the amendment, the sense of the House was taken by yeas
and nays, at the request of Mr. Jones; and on the roll call 36 members
voted in the affirmative and 122 in the negative.
Therefore the amendment
was rejected.
Mr. Jones of North Reading
and other members of the House then moved that the bill be amended by
adding at the end thereof the following section:
“SECTION 16. Subsection
(a) of section 24 of chapter 151A of the General Laws, as so appearing,
is hereby amended by striking out, in the first sentence, the word ‘thirty’
and inserting in place thereof the following:— thirty-four.”.
After remarks on the question
on adoption of the amendment, the sense of the House was taken by yeas
and nays, at the request of Mr. Jones; and on the roll call 36 members
voted in the affirmative and 122 in the negative.
Therefore the amendment
was rejected.
Mr. Jones of North Reading
and other members of the House then moved that the bill be amended in
section 4, in line 0, by striking out the following: “$14,000”
and inserting in place thereof the words “thirteen thousand dollars”;
and by striking out section 10 and inserting in place thereof the following
section:
“SECTION 10. Chapter
151A is hereby amended by striking section 30(a) in its entirety and replacing
it with the following: —
Section 30. (a) Except as
provided in subsection (b), the total benefits which an unemployed individual
may receive during his benefit year shall be an amount equal to thirty-six
percent of his wages in the base period, or an amount equal to twenty-six
times his benefit rates, whichever is less, plus dependency benefits payable
under section twenty-nine. If such amount includes a fractional part of
a dollar, it shall be rounded to the next lower full dollar amount.”.
After debate on the question
on adoption of the amendment, the sense of the House was taken by yeas
and nays, at the request of Mr. Peterson of Grafton; and on the roll call
24 members voted in the affirmative and 135 in the negative.
Therefore the amendment
was rejected.
Subsequently a statement
of Mr. Marzilli of Arlington was spread upon the records of the House,
as follows:
MR. SPEAKER: During the
taking of the above yeas and nays, I was present in the House Chamber
and voted in the negative. Nevertheless I now find that I was inexplicably
recorded as having voted in the affirmative. I will state for the record
that it was my intention to be recorded in the negative on the previous
roll call.
Mr. Jones of North Reading
and other members of the House then moved that the bill be amended in
section 10, by adding at the end thereof the following sentence: “Notwithstanding
the immediately foregoing sentence, any time when the commissioner adds
to every employer’s contribution rate a uniform secondary adjustment
payment pursuant to section 13 of chapter 151A, the total benefits which
an unemployed individual may receive during his benefit year shall be
an amount equal to thirty-six percent of his wages in the base period,
or an amount equal to twenty-six times his benefit rate, whichever is
less.”.
After debate on the question
on adoption of the amendment, the sense of the House was taken by yeas
and nays, at the request of Mr. Jones; and on the roll call 25 members
voted in the affirmative and 133 in the negative.
Therefore the amendment
was rejected.
Mr. Jones of North Reading
and other members of the House then moved that the bill be amended by
adding at the end thereof the following section:
“SECTION 16. Subsection
(a) of section 24 of chapter 151A of the General Laws, as so appearing,
is hereby amended by inserting in the first sentence after the phrase
‘thirty times the weekly benefit rate’ the following:—
, provided that at any time when the commissioner adds to every employer’s
contribution rate a uniform secondary adjustment payment pursuant to section
13 of chapter 151A, the amount of base period wages required by this section
for the purpose of determining claimant eligibility shall be at least
forty times the weekly benefit rate for the period of time such adjustment
payment is assessed and the thirteen consecutive weeks immediately following
the time such adjustment is assessed.”.
After remarks on the question
on adoption of the amendment, the sense of the House was taken by yeas
and nays, at the request of Mr. Jones; and on the roll call 39 members
voted in the affirmative and 119 in the negative.
Therefore the amendment
was rejected.
Mr. Jones of North Reading
and other members of the House then moved that the bill be amended by
adding at the end thereof the following section:
“SECTION 16. Section
1 of chapter 151A, as so appearing, is hereby further amended by striking
out subsection (w) and inserting in place thereof the following subsection:—
(w) ‘Average weekly
wage’, an amount equal to one ninety-first of the sum of two times
the total wages reported for an individual in the three highest quarters
of the individual’s base period and the total wages reported in
the remaining quarter of such base period. If such average weekly wage
includes a fractional part of a dollar, it shall be rounded to the next
lower full dollar amount.”.
After remarks on the question
on adoption of the amendment, the sense of the House was taken by yeas
and nays, at the request of Mr. Jones; and on the roll call 24 members
voted in the affirmative and 134 in the negative.
Therefore the amendment
was rejected.
Mr. Jones of North Reading
and other members of the House then moved that the bill be amended by
striking out section 10 and inserting in place thereof the following section:
“SECTION 10. Chapter
151A is hereby amended by striking section 30(a) in its entirety and replacing
it with the following: —
Section 30. (a) Except as
provided in subsection (b), the total benefits which an unemployed individual
may receive during his benefit year shall be an amount equal to thirty-six
percent of his wages in the base period, or an amount equal to twenty-six
times his benefit rate, whichever is less, plus dependency benefits payable
under section twenty-nine. If such amount includes a fractional part of
a dollar, it shall be rounded to the next lower full dollar amount.”.
After debate on the question
on adoption of the amendment, the sense of the House was taken by yeas
and nays, at the request of Mr. Lepper of Attleboro; and on the roll call
23 members voted in the affirmative and 135 in the negative.
Therefore the amendment
was rejected.
Mr. Speliotis of Danvers
then moved that the bill be amended by adding at the end thereof the following
section:
“SECTION 16. Recipients
of unemployment insurance benefits shall personally collect benefit checks
from a distribution location established by the department and shall receive
neither electronic payments nor payments via mail or parcel.”.
The amendment was rejected.
After debate on the question
on passing the bill to be engrossed, in concurrence, the sense of the
House was taken by yeas and nays, at the request of Mr. Jones of North
Reading; and on the roll call 134 members voted in the affirmative and
24 in the negative.
Therefore the bill (Senate,
No. 2150) was passed to be engrossed, in concurrence. Mr. Rodrigues of
Westport moved that this vote be reconsidered; and the motion to reconsider
was negatived.
Order.
On motion of Mr. Peterson
of Grafton,—
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 eleven o’clock P.M., on further motion of Mr. Peterson
(the Speaker being in the Chair) the House adjourned, to meet tomorrow
at eleven o’clock A.M. |