House Journal, December 12, 2002

Gracious God, we take this moment to acknowledge Your presence in our midst. Furthermore, we ask for Your guidance and assistance as we struggle to focus, but clearly and accurately, our attention on the human and spiritual legislative issues of this and everyday. Inspire us to be leaders who are aware of the legislative accomplishments of our predecessors as we today address present challenges and plan for future generations. Teach us to be knowledgeable, thoughtful and prudent in dealing with our complex social and economic responsibilities. Let our hearts, minds and ears be open to all as we work together in building a civil, forgiving, compassionate and just society. Grant us the wisdom and strength to serve You and the people who we represent faithfully.

At the request of the Chair (Mr. Correia), the members, guests and employees joined with him in reciting the pledge of allegiance to the flag.

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

Resolutions (filed by Mr. Hall of Westford) congratulating John Joseph “Jake” Hagan on the occasion of his retirement from the Littleton Police Department;

Resolutions (filed by Mr. Linsky of Natick) congratulating Anthony Nigro on receiving the Eagle Award of the Boy Scouts of America; and

Resolutions (filed by Mr. Sullivan of Fall River) congratulating Raymond Rose on the occasion of his retirement;

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

The following communications were read for the information of the House:

From the Department of Education (under the provisions of Section 432 of Chapter 159 of the Acts of 2000) submitting a report on activities related to special education in the Commonwealth;

From the Massachusetts Turnpike Authority (under the provisions of Section 12(i) of Chapter 81A of the General Laws) submitting copies of agreements between said authority and the Massachusetts Highway Department relative to the Metropolitan Highway System;

From the Public Employees Retirement Administration Commission (PERAC) submitting a copy of the analysis of costs and actuarial liabilities attributable to the additional benefits payable in accordance with the early retirement program; and

Severally placed on file.

Of the Massachusetts Convention Center Authority (under the provisions of Section 5L of Chapter 152 of the Acts of 1997) relative to contracts regarding the Boston Convention and Exhibition Center project entered into by said authority; and

Of the Massachusetts Turnpike Authority (under the provisions of Section 9 of Chapter 87 of the Acts of 2000) on the status of the Central Artery/Ted Williams Tunnel Project;

Severally were placed on file.

Mr. Falzone of Saugus presented a petition (accompanied by bill, House, No. 5391) of Mark V. Falzone, Kathi-Anne Reinstein, Thomas M. McGee and Jarrett T. Barrios (by vote of the town) relative to the power to appoint and remove certain members of boards and commissions in the town of Saugus; and the same was referred to the committee on Local Affairs. Sent to the Senate for concurrence.

Mr. Walsh of Boston presented a petition (subject to Joint Rule 12) of Martin J. Walsh relative to creditable service for employees of the Massachusetts Bay Transportation Authority; and the same was referred, under Rule 24, to the committee on Rules.

The House Bill relative to school committee members (House, No. 783, changed and amended) came from the Senate passed to be engrossed, in concurrence, with an amendment striking out all after the enacting clause and inserting in place thereof the following:

“Chapter 71 of the General Laws is hereby amended by inserting after section 36 the following section:—

Section 36A. School committee members, within 1 year after their initial election or appointment, shall complete at least 8 hours of orientation concerning the responsibilities of their office at no cost to individual school committee members. The orientation shall include but not be limited to a review of school finance, the open meeting law, public records law, conflict of interest law, special education law, collective bargaining, school leadership standards and evaluations and the roles and responsibilities of school committee members. The orientation shall be provided by the Massachusetts Association of School Committees, Inc. or any other entity approved by the commissioner of education after consulting the Association. A certificate shall be awarded to each participant upon completion of the orientation and notice thereof shall be filed with the clerk of the city or town where the school committee member resides.”.

Under suspension of Rule 35, on motion of Ms. Gobi of Spencer, 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.

The House Bill relative to the descent and distribution of property (House, No. 5136) came from the Senate passed to be engrossed, in concurrence, with amendments inserting after the enacting clause the following ten sections:

“SECTION 1. Section 4 of chapter 192 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after the word ‘person’, in line 3, the following words:— and if he is not under indictment for, or has not been convicted of, murder in the first or second degree, or manslaughter, or accessory before the fact of such crimes, against the deceased.

SECTION 2. Section 13 of said chapter 192, as so appearing, is hereby amended by inserting after the word ‘suitable’, in line 2, the following words:— , if the person is not under indictment for, or has not been convicted of, murder in the first or second degree, or manslaughter, or accessory before the fact of such crimes, against the deceased.

SECTION 3. Section 1 of chapter 193 of the General Laws, as so appearing, is hereby amended by inserting after the word ‘suitable’, in line 3, the following words:— and only if such person is not under indictment for, or has not been convicted of, murder in the first or second degree, or manslaughter, or accessory before the fact of such crimes, against the deceased.

SECTION 4. Section 7 of said chapter 193, as so appearing, is hereby amended by inserting after the word ‘trust’, in line 2, the following words:— or if the executor is under indictment for, or has been convicted of, murder in the first or second degree, or manslaughter, or accessory before the fact of such crimes, against the deceased.

SECTION 5. Said section 7 of said chapter 193, as so appearing, is hereby further amended by inserting after the word ‘person’, in line 7, the following words:— , who is not under indictment for, or has not been convicted of, murder in the first or second degree, or manslaughter, or accessory before the fact of such crimes, against the deceased.

SECTION 6. Section 7A of said chapter 193, as so appearing, is hereby amended by inserting after the word ‘suitable’, in line 4, the following words:— and if such person is not under indictment for, or has not been convicted of, murder in the first or second degree, or manslaughter, or accessory before the fact of such crimes, against the deceased.

SECTION 7. Section 9 of said chapter 195, as so appearing, in hereby amended by inserting after the word ‘persons’, in line 9, the following words:— , who are not under indictment for, or have not been convicted of, murder in the first or second degree, or manslaughter, or accessory before the fact of such crimes, against the deceased.

SECTION 8. Section 10 of said chapter 193, as so appearing, is hereby amended by inserting after the word ‘him’, in line 6, the following words:— ; provided, however, that no person shall be appointed as a special administrator who is under indictment for, or has been convicted of, murder in the first or second degree, or manslaughter, or accessory before the fact of such crimes, against the deceased.

SECTION 9. Section 11 of chapter 195, as so appearing, is hereby amended by inserting after the word ‘person’, in line 11, the following words:— who is not under indictment for, or has not been convicted of, murder in the first or second degree, or manslaughter, or accessory before the fact of such crimes against the deceased.

SECTION 10. Said section 11 of said chapter 195, as so appearing, is hereby further amended by adding the following 2 paragraphs: —

If an executor or administrator is indicted for, or convicted of, murder in the first or second degree, or manslaughter, or accessory before the fact of such crimes, against the deceased, the executor or administrator shall not be eligible to serve as executor or administrator of the deceased’s estate, and the probate court shall remove him immediately as such from the point of indictment or conviction, whichever occurs first. The court shall appoint a suitable person to act as executor or administrator.”; and adding at the end thereof the following sentence: “The provisions of this section shall not have any effect on title to real property, except against the person charged with an offense to which this section applies, or that person’s heirs and devisees, until a memorandum that recites the name of that person is recorded in the manner provided in section 15 of chapter 184, and no order so entered shall divest any person who has given fair consideration for any interest in such property before such recording.”.

Under suspension of Rule 35, on motion of Mr. Sullivan of Braintree, the amendments (reported by the committee on Bills in the Third Reading to be correctly drawn) were considered forthwith; and they were adopted, in concurrence.

A Bill relative to mailing tax bills in the city of Marlborough (Senate, No. 2498) (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.

Mr. Kujawski of Webster, for said committee, reported that the matter be scheduled for consideration by the House.

Under suspension of the rules, on motion of Ms. Gobi of Spencer, the bill was read a second time forthwith; and it was ordered to a third reading.

Petitions were referred, in concurrence, under suspension of Joint Rule 12, as follows:

Petition (accompanied by bill, Senate, No. 2502) of Patrick J. Blanchette and others (with the approval of the mayor and city council) for legislation to exempt the debt of the city of Lawrence for certain approved school projects from the statutory limit. To the committee on Local Affairs.

Petition (accompanied by bill, Senate, No. 2503) of Guy W. Glodis, Timothy J. Toomey, Jr., Steven A. Baddour, Michael J. Coppola and other members of the General Court for legislation to provide for an early retirement incentive program for certain Parole Board employees. To the committee on Public Service.

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 James E. Vallee, David P. Magnani and Cheryl A. Jacques for legislation to simplify the procedures for municipalities to accept the subdivision of roads. Under suspension of the rules, on motion of Mr. Sullivan of Braintree, the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Local Affairs. Sent to the Senate for concurrence.

By Mr. Kujawski of Webster, for the committee on Steering, Policy and Scheduling, that the Senate Bill relative to the retirement of certain employees of the city of Revere (Senate, No. 2020) [Local Approval Received] be scheduled for consideration by the House.

Under suspension of Rule 7A, on motion of Mr. Walsh 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 Senate Bill authorizing the town of Acton to lease a certain school building for residential purposes for 50 years (Senate, No. 2490) [Local Approval Received] be scheduled for consideration by the House.

Under suspension of Rule 7A, on motion of Mrs. Paulsen of Belmont, 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 authorizing the reinstatement of Frederick Nasson as a member in service of the state retirement system (House, No. 4985) 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 relative to the taxation of cable television facilities (Senate, No. 1694, amended) ought to pass.

Under suspension of the rules, on motion of Mr. Ruane of Salem, the bill was read a second time forthwith; and it was ordered to a third reading.

By Mr. Verga of Gloucester, for the committee on Local Affairs, on a petition, a Bill providing for an increase in the membership of the board of selectmen of the town of Groton to 5 members (House, No. 5364).

Mr. Kujawski of Webster, for said committee, reported that the matter be scheduled for consideration by the House.

Under suspension of the rules, on motion of Mr. Rushing of Boston, the bill was read a second time forthwith; and it was ordered to a third reading.

By Mr. Koczera of New Bedford, for the committee on Natural Resources and Agriculture, on a petition, a Bill relative to a certain license to construct a pier (House, No. 5389). Read; and referred, under Rule 7A, to the committee on Steering, Policy and Scheduling.

Mr. Kujawski of Webster, for said committee, reported that the matter be scheduled for consideration by the House.

Under suspension of the rules, on motion of Ruane of Salem, the bill was read a second time forthwith; and it was ordered to a third reading.

By Mr. Dempsey of Haverhill, for the committee on Public Service, on a petition, a Bill establishing a sick leave bank for Saillens Dumay, an employee of the Department of Correction (House, No. 5371, changed by adding at the end thereof the following section:

“SECTION 2. Section 2 of Chapter 184 of the Acts of 2002 is amended in line item 1100-1100, in line 54, by striking out the date ‘December 31, 2002’ and inserting in place thereof the date ‘December 31, 2003’.”). Read; and referred, under Rule 7A, to the committee on Steering, Policy and Scheduling.

Mr. Kujawski of Webster, for said committee, reported that the matter be scheduled for consideration by the House.

Under suspension of the rules, on motion of Ms. Wolf of Cambridge, the bill was read a second time forthwith; and it was ordered to a third reading.

By Mr. Dempsey of Haverhill, for the committee on Public Service, on a petition, a Bill exempting the position of auditor in the city of Haverhill from the civil service law (House, No. 5372) [Local Approval Received]. Read; and referred, under Rule 7A, to the committee on Steering, Policy and Scheduling.

Mr. Kujawski of Webster, for said committee, reported that the matter be scheduled for consideration by the House.

Under suspension of the rules, on motion of Mr. Pedone of Worcester, the bill was read a second time forthwith; and it was ordered to a third reading.

By Mr. Dempsey of Haverhill, for the committee on Public Service, on a petition, a Bill creating the position of deputy chief of police in the town of Walpole (House, No. 5387) [Local Approval Received]. Read; and referred, under Rule 7A, to the committee on Steering, Policy and Scheduling.

Mr. Kujawski of Webster, for said committee, reported that the matter be scheduled for consideration by the House.

Under suspension of the rules, on motion of Ms. Haddad of Somerset, the bill was read a second time forthwith; and it was ordered to a third reading.

Report of the committee on Government Regulations, ought NOT to pass (under Joint Rule 10), on the petition (accompanied by bill, House, No. 5362) of Marie J. Parente and Richard T. Moore (by vote of the town) that the licensing authority of the town of Milford be authorized to issue an additional license for the sale of all alcoholic beverages to be drunk on the premises.

Under suspension of Rule 42, on motion of Mr. Ruane of Salem, the report was considered forthwith.

Pending the question on acceptance of the report, Mr. Bosley of North Adams moved that it be amended by substitution of the bill, which was read [Local Approval Received]. The amendment was adopted.

Under suspension of the rules, on further motion of the same member, the bill was read a second time forthwith; and it was ordered to a third reading.

Report of the committee on Government Regulations, ought NOT to pass (under Joint Rule 10), on the petition (accompanied by bill, House, No. 5363) of Marie J. Parente and Richard T. Moore (by vote of the town) that the town of Milford be authorized to issue an additional license for the sale of wine and malt beverages not to be drunk on the premises.

Under suspension of Rule 42, on motion of Mr. Rushing of Boston, the report was considered forthwith.

Pending the question on acceptance of the report, Mr. Bosley of North Adams moved that it be amended by substitution of the bill, which was read [Local Approval Received]. The amendment was adopted.

Under suspension of the rules, on further motion of Mr. Bosley, the bill was read a second time forthwith; and it was ordered to a third reading.

Report of the committee on Public Service, ought NOT to pass (under Joint Rule 10), on the petition (accompanied by bill, House, No. 5325) of Brian S. Dempsey (with the approval of the mayor and city council) relative to authorizing Philip M. Akstin to take the civil service examination for fire fighter in the city of Haverhill, notwithstanding the maximum age requirement.

Under suspension of Rule 42, on motion of Mr. Jones of North Reading, the report was considered forthwith.

Pending the question on acceptance of the report, Mr. Bosley of North Adams moved that it be amended by substitution of the bill, which was read [Local Approval Received]. The amendment was adopted.

Under suspension of the rules, on further motion of the same member, the bill was read a second time forthwith; and it was ordered to a third reading.

Report of the committee on Public Service, ought NOT to pass (under Joint Rule 10), on the petition (accompanied by bill, House, No. 5352) of Bradley H. Jones, Jr., Paul C. Casey and Richard R. Tisei (by vote of the town) relative to the appointment of retired police officers in the town of Reading.

Under suspension of Rule 42, on motion of Mr. Jones of North Reading, the report was considered forthwith.

Pending the question on acceptance of the report, the same member moved that it be amended by substitution of the bill, which was read [Local Approval Received]. The amendment was adopted.

Under suspension of the rules, on further motion of Mr. Jones, the bill was read a second time forthwith; and it was ordered to a third reading.

By Mr. Dempsey of Haverhill, for the committee on Public Service, on a recommitted petition, a Bill relative to superannuation retirement (House, No. 4365). Read; and referred, under Rule 33, to the committee on Ways and Means.

Relative to the plumbing inspector in the town of Marblehead (see Senate, No. 2481) (which originated in the Senate); and

Relative to the health insurance of certain employees of the city of Everett (see House, No. 5255, changed) (which 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 the city of Quincy to lease certain property (Senate, No. 2287), 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.

Relative to guaranteed products issued out of life insurance company separate accounts (printed as Senate, No. 746) (its title having been changed by the committee on Bills in the Third Reading); and

Relative to unemployment insurance rates (printed in House, No. 5370);

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 relative to crimes against the elderly and persons with disabilities (Senate, No. 2350, 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.

Pending the question on passing the bill, as amended, to be engrossed, in concurrence, Mrs. Poirier of North Attleborough moved that it be amended by adding at the end thereof the following two sections:

“SECTION 10. Section 15 of chapter 19A of the General Laws, as appearing the 2000 Official Edition, is hereby amended by inserting after the word ‘residence’, in line 7, the following words:— , or directors or outreach workers of councils on aging.

SECTION 11. Subsection (f) of said section 15 of said chapter 19A, as so appearing, is hereby further amended by adding the following paragraph:—

Until the case is closed or 60 days subsequent to filing a report with a designated agency, follow-up reports, ongoing evaluations, and a constant dialogue shall be continued between the mandatory abuse reporter, and the designated agency or investigating agency.”.

The amendment was adopted; and the bill (Senate, No. 2350, amended) was passed to be engrossed, in concurrence. Sent to the Senate for concurrence in the amendments adopted by the House.

The Senate Bill establishing a board of registration of credit counselors (Senate, No. 2414), reported by the committee on Bills in the Third Reading to be correctly drawn, was read a third time.

Pending the question on passing the bill to be engrossed, in concurrence, Mr. Keenan of Southwick moved that it be amended in section 1, in line 9, by inserting after the word “industry” the words “, at least one of which shall be an employee of an independently unaffiliated credit counseling company,”; in section 2, in line 9, by inserting after the word “person” the words “, other than an attorney,”, in lines 17 and 18, by striking out the word “inclusive” and inserting in place thereof the following: “including (i) a nonprofit charitable corporation organized under chapter 180; or (ii) a nonprofit corporation that is recognized by the Internal Revenue Service as exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, as the same may be amended from time to time; or (iii) a corporation organized under Massachusetts General Laws 156b.”, in lines 18 to 24, inclusive, by striking out the sentence contained therein, in line 72, by striking out the words “history of felonious behavior” and inserting in place thereof the words “any prior conviction of a felony in Massachusetts or any other jurisdiction”, and in line 105, by inserting after the word “person” the words “is an attorney or”; by striking out section 3 and inserting in place thereof the following section:

“SECTION 3. The second paragraph of section 4A of chapter 180 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following:— No person, except for an attorney of licensee under section 230 of chapter 112 shall render the credit counseling services specified in clause (b) of the first paragraph.”; and in section 4, in line 1, by striking out the date “December 1, 2002” and inserting in place thereof the date “December 1, 2003”, and in lines 9, 10 and 11, by striking out the paragraph contained therein and inserting in place thereof the following paragraph: