House Journal, December 1, 2003

Met according to adjournment, at eleven o’clock A.M., in an Informal Session, with Mrs. Walrath of Stow in the Chair (having been appointed by the Speaker, under authority conferred by Rule 5, to perform the duties of the Chair).

Prayer was offered by the Reverend Robert F. Quinn, C.S.P., Chaplain of the House, as follows:

God, Our Creator, beginning a new week in the final month of this calendar year, we pray for guidance and direction as we evaluate and address serious political, philosophical and moral issues on this and next year’s list of priorities. In these changing times, help us to read carefully and accurately the signs of the times so that both the present and future generations will be well-served by our informed and thoughtful choices. May the spirit of the season, the goodwill of people and Christmas traditions inspire us to work together in building peaceful, stable and responsible communities.

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.

A message from His Excellency the Governor returning with recommendation of amendment the engrossed Bill authorizing a ballot question in the town of Belmont relative to the granting of licenses for the sale of alcoholic beverages [see House, No. 3975] (for message, see House, No. 4350) was filed in the office of the Clerk on Wednesday November 26.

The message was read; and, under the provisions of Article LVI of the Amendments to the Constitution, the bill was thereupon “before the General Court and subject to amendment and re-enactment”.

Pending the question on adoption of the amendment recommended by His Excellency, the bill was referred, on motion of Mrs. Paulsen of Belmont, to the committee on Bills in the Third Reading.

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

Resolutions (filed by Mr. Atsalis of Barnstable) congratulating Ruthanne G. Allen on the occasion of her retirement; and

Resolutions (filed by Ms. Spiliotis of Peabody) congratulating St. John Evangelical Lutheran Church of Peabody on the occasion of its one hundredth birthday;

Mr. DiMasi of Boston, for the committee on Rules, reported, in each instance, that the resolutions ought to be adopted. Under suspension of the rules, in each instance, on motion of Mr. Driscoll of Braintree, the resolutions (reported by the committee on Bills in the Third Reading to be correctly drawn) were considered forthwith; and they were adopted.

A communication from the Executive Office of Health and Human Services (under Chapter 67 of the Acts of 2003) relative to the imposition of an enrollment cap for the Prescription Advantage Program for the month of January, 2004, was placed on file.

Petitions severally were presented and referred as follows:

By Mr. O’Brien of Kingston, petition (accompanied by bill, House, No. 4351) of Thomas J. O’Brien, Viriato Manuel deMacedo and Therese Murray (by vote of the town) for legislation to authorize the town of Plymouth to establish an impact fee by-law; and

By Mr. Peterson of Grafton, petition (accompanied by bill, House, No. 4352) of George N. Peterson, Jr., and Guy W. Glodis (by vote of the town) that the town of Grafton be authorized to release a conservation restriction on a certain parcel of land in said town;

Severally to the committee on Local Affairs and Regional Government.

Severally sent to the Senate for concurrence.

Petitions severally were presented and referred as follows:

By Ms. Gobi of Spencer, petition (subject to Joint Rule 12) of Anne M. Gobi, other members of the General Court and another relative to the operation of a snow vehicle or recreational vehicle while under the influence of alcohol or narcotic substances.

By Mr. Greene of Billerica, petition (subject to Joint Rule 12) of William G. Greene, Jr., and other members of the General Court relative to the posting of fish advisories.

By Mr. Kaufman of Lexington, petition (subject to Joint Rule 12) of Jay R. Kaufman and other members of the General Court for legislation to exempt certain non-profit or advocacy entities from fees charged for the use of the State House during business hours.

By Mr. Rogers of Norwood, petition (subject to Joint Rule 12) of William R. Keating, John H. Rogers and Michael W. Morrissey for legislation to establish a penalty of lifetime parole for persons failing to register as a sex offender.

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

A Bill relative to the designation of a scenic byway in the towns of Hadley and South Hadley (Senate, No. 2012) (on a petition) [Local Approval Received], passed to be engrossed by the Senate, was read; and it was referred, under Rule 7A, to the committee on Steering, Policy and Scheduling.

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 protecting the natural and historic resources of the Commonwealth (Senate, No. 1254, amended);

Of the Resolve establishing the Massachusetts Asset Development Commission (House, No. 3174); and

Of the Resolve relative to the preservation of the archaeological and fossil resources of the Commonwealth (House, No. 3679);

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

Of the Bill clarifying employer sanctions for improper expenditure of withholdings or deductions from wages (Senate, No. 98); and

Of the Bill relative to the victims of drunk driving trust fund (Senate, No. 1295);

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. Kujawski of Webster, for the committee on Steering, Policy and Scheduling, that the Senate Bill authorizing the disposition by exchange of land held for preservation of natural scenic and open qualities (Senate, No. 2086) [Local Approval Received] be scheduled for consideration by the House.

Under suspension of Rule 7A, on motion of Mr. Rushing of Boston, 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 House Bill relative to preliminary elections in the town of Framingham (House, No. 4170) [Local Approval Received] be scheduled for consideration by the House.

Under suspension of Rule 7A, on motion of Ms. Jehlen of Somerville, the bill was read a second time forthwith; and it was ordered to a third reading.

By Mr. Koutoujian of Waltham, for the committee on Health Care, on House, No. 2800, a Bill relative to studying prescription drugs in the Commonwealth (House, No. 4344). Read; and referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

By Mr. Straus of Mattapoisett, for the committee on Election Laws, on House, No. 4146, an Order relative to authorizing the committee on Election Laws to make an investigation and study of a certain House document concerning charter questions in the town of Salem (House, No. 4345).

By Mr. Koutoujian of Waltham, for the committee on Health Care, on House, No. 356, an Order relative to authorizing the committee on Health Care to make an investigation and study of a certain House document concerning disclosure of medical records (House, No. 4346).

By the same member, for the same committee, on House, No. 555, an Order relative to authorizing the committee on Health Care to make an investigation and study of a certain House document concerning the definition of “surgery” (House, No. 4347).

By the same member, for the same committee, on House, No. 902, an Order relative to authorizing the committee on Health Care to make an investigation and study of a certain House document concerning physicians providing notice upon discontinuance of participation in health maintenance organizations (House, No. 4348).

By the same member, for the same committee, on House, No. 2049, an Order relative to authorizing the committee on Health Care to make an investigation and study of a certain House document concerning medical facilities licensed by hospitals (House, No. 4349).

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.

The engrossed Bill establishing a sick leave bank for Donna M. Tansey, an employee of the Division of Employment and Training (see House, No. 4250), 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 9 to 0. Sent to the Senate for concurrence.

Relative to recall elections in the town of Bernardston (see House bill printed as Senate, No. 2011);

Establishing a speed limit for Sassaquin Avenue in the city of New Bedford (see House, No. 3741); and

Designating a certain overpass in the town of Milton as the Private First Class Paul W. Curran Memorial Overpass (see House, No. 4206);

(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.

The Senate Bill authorizing an increase in fines for parking violations on the island of Nantucket (Senate, No. 1169), reported by the committee on Bills in the Third Reading to be correctly drawn, was read a third time; and it was passed to be engrossed, in concurrence.

The House Bill establishing the positions of town treasurer and town collector in the town of Charlton (House, No. 4105) (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. Sent to the Senate for concurrence.

On motion of Mr. Finneran of Boston,—

Ordered, That when the House adjourns today, it adjourn to meet on Thursday next at eleven o’clock A.M.

At a quarter after eleven o’clock A.M., on motion of Mr. Donato of Medford (Mrs. Walrath of Stow being in the Chair), the House adjourned, to meet on Thursday next at eleven o’clock A.M., in an Informal Session.