JOURNAL OF THE HOUSE.
Thursday, December 13, 2001.
 
 

Met according to adjournment, at eleven o’clock A.M., in an Informal Session, with Mr. DiMasi of Boston 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:

Holy Spirit of God, as legislators, we depend upon You, Your guidance and direction in our efforts to comprehend and evaluate the many, often complex, legislative items and issues which come before us. Your assistance helps us to make thoughtful and ethical decisions and choices in this era of unprecedented technological advances and challenges. Inspire us to search for truth, speak the truth, and to recognize the truth as we try to utilize the new information which becomes available to us. May we and our decisions be guided by spiritual values and lofty human goals which enhance personal dignity and foster a civil, orderly and sensitive society.

Bestow Your blessings on the Speaker, the members and employees of this House and their families. Amen.

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

Statement of Representative Golden of Boston.

A statement of Representative Golden of Boston, upon his call to active duty in Bosnia, as an officer in the United States Army, was spread upon the records of the House, on motion of Mr. Rogers of Norwood, and by unanimous consent, as follows:

Thank you, Mr. Speaker, and through you to the members. I appreciate the opportunity to bid my colleagues farewell, for several months, as I prepare to return to active duty with the United States Army.

I have a beautiful little girl named Abigail. She’s sitting right here, in back of me, with her mom. I love her name —in part —because of the permanent association she will have with one of the great daughters of Massachusetts, Abigail Adams. And Abigail Adams once said that “it is a sad misfortune to have the body in one place and soul in another.” I will soon learn this separation of body and soul. While my soul will remain here, with the work and people I love, I have other responsibilities that bring me overseas.

While sad to leave, I welcome this opportunity to continue my commitment to the Armed Forces, a commitment I began in 1993.

I welcome this opportunity to play a modest role in a peacekeeping mission. Keeping the peace, in a place where — until recently — acts akin to genocide were routinely practiced, is certainly a worthwhile effort.

And I welcome the opportunity because we have learned with painful clarity that turmoil abroad can have devastating consequences here at home.

While there is much negativity surrounding discussion of American government and politics, we have seen a reinvigorated appreciation for our humane democratic institutions in recent months. These humane institutions, which we treasure and others long for, exist because individuals are willing to defend them and nourish them — even when it is inconvenient, even when difficult, even when it is painful to do so.

I have been honored with the opportunity to defend and nourish democratic institutions as both a legislator and an Army officer. When I was sworn into the House, I took an oath to uphold the Constitution of the United States. I took a simular oath when I was commissioned an officer of the Army. I give life and meaning to these oaths in my return to active duty.

I look forward to sharing the near-miraculous story of the American experiment with a part of the world that desperately needs to hear it.

Goodbye and best wishes for beautiful holidays. I will see you again when the tulip and daffodils begin to bloom.

Thank you, Mr. Speaker.

Statement of Representative Story of Amherst.

A statement of Representative Story of Amherst was spread upon the records of the House, as follows:

MR. SPEAKER: I would like to call to the attention of the House the fact that on Wednesday, December 5, due to an error, I was recorded as voting in the negative on Roll Call No. 198, on passing, notwithstanding the reduction of the Acting Governor, item 7030-0102 of the General Appropriation Bill. It was my intention for the records of the House to reflect that I voted in the affirmative on over-riding the Acting Governor’s reduction of the kindergarten grant program.

Resolutions.

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

Resolutions (filed by Representatives Coppola of Foxborough and Poirier of North Attleborough) congratulating Stephen Joseph Boucher on receiving the Eagle Award of the Boy Scouts of America;

Resolutions (filed by Mr. LeDuc of Marlborough) congratulating Varoojan Aykanian on the occasion of his retirement from the Department of Revenue;

Resolutions (filed by Mr. Nyman of Hanover) congratulating Mr. and Mrs. Michael J. Corrente on the occasion of their fiftieth wedding anniversary;

Resolutions (filed by Messrs. O’Brien of Kingston and deMacedo of Plymouth) congratulating Eric Hoberg on receiving the Eagle Award of the Boy Scouts of America; and

Resolutions (filed by Messrs. O’Brien of Kingston and deMacedo of Plymouth) congratulating Michael Taylor on receiving the Eagle Award of the Boy Scouts of America;

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

Communications.

Communications

>From the Director of the Division of Fisheries and Wildlife (under the provisions of Section 6 of Chapter 139 of the Acts of 2000) submitting a report on its study of the results and financial requirements of said chapter, relative to foothold traps and certain other devices;

>From the Office of the Inspector General submitting its report on credit card and certain spending practices at the Reading Municipal Light Department;

>From the Department of Transitional Assistance (under the provisions of items 4403-2000, 4403-2120 and 4408-1000 of Section 2 of Chapter 177 of the Acts of 2001) submitting a determination by the Secretary of Health and Human Services that available appropriations for programs in said items will be insufficient to meet projected expenses and a report setting forth such changes; and

>From Wonderland Greyhound Park, Inc. (under the provisions of Section 2 of Chapter 128C of the General Laws) submitting copies of contracts for the simulcasting of dog races;

Severally placed on file.

Special Reports.

Bi-monthly report of the Massachusetts Turnpike Authority (under the provisions of Section 178 of Chapter 653 of the General Laws) submitting an account of the costs incurred in connection with the depression of the Central Artery and construction of the Ted Williams Tunnel;

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

Report of the University Counsel of Northeastern University (under the provisions of Section 2 of Chapter 645 of the Acts of 1986) relative to a summer boating program and a scholarship program established by said university under the terms of a lease of a certain parcel of land in the city of Boston;

Severally were placed on file.

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 following petitions:

Petition (accompanied by bill) of William Francis Galvin and Angelo M. Scaccia for legislation to prevent employers from restricting the sale of employer securities held in employee pension accounts. To the committee on Commerce and Labor.

Petition (accompanied by bill) of James H. Fagan and another for legislation to further regulate the conduct of certain public officials and employees. To the committee on State Administration.

Petition (accompanied by bill) of Edward G. Connolly relative to designating a certain bridge in the city of Everett as the Private First Class Patrick Moreschi Memorial Bridge. To the committee on Transportation.

Under suspension of the rules, on motion of Mr. Rogers of Norwood, the reports were considered forthwith. Joint Rule 12 then was suspended, in each instance. Severally sent to the Senate for concurrence.

By Mr. Kujawski of Webster, for the committee on Steering, Policy and Scheduling, asking to be discharged from further consideration of the Bill further defining fresh pursuit (House, No. 1222),— and recommending that the same be recommitted to the committee on the Judiciary. Under Rule 42, the report was considered forthwith; and it was accepted.

By Ms. Stanley of West Newbury, for the committee on Health Care, on Senate, Nos. 498 and 612 and House, Nos. 2172 and 3098, an Order relative to authorizing the committee on Health Care to make an investigation and study of certain Senate and House documents concerning needle exchange programs and hypodermic needles (House, No. 4808).

By the same member, for the same committee, on Senate, Nos. 556 and 591 and House, Nos. 2526, 3722 and 3928, an Order relative to authorizing the committee on Health Care to make an investigation and study of certain Senate and House documents concerning health care professionals, insurers and the rights of patients (House, No. 4809).

By the same member, for the same committee, on Senate, Nos. 573, 588 and 603 and House, Nos. 1949, 2318 and 2905, an Order relative to authorizing the committee on Health Care to make an investigation and study of certain Senate and House documents concerning HIV, AIDS and infectious hepatitis (House, No. 4810).

By the same member, for the same committee, on House, No. 3310, an Order relative to authorizing the committee on Health Care to make an investigation and study of a certain House document concerning managed care programs of worker’s compensation insurers (House, No. 4811).

By Mrs. Simmons of Leominster, for the committee on Local Affairs, on House, No. 4775, an Order relative to authorizing the committee on Local Affairs to make an investigation and study of a certain House document concerning the construction of a public safety complex by the town of Sunderland (House, No. 4812).

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. Donnelly of Boston, for the committee on the Judiciary, on House, No. 1431, a Bill relative to the health insurance of children of divorced parents (House, No. 4813). Read; and referred, under Rule 33, to the committee on Ways and Means.

By Mr. Scaccia of Boston, for the committee on Rules, that the following bills ought to pass:

Bill relative to the dissemination of information to private detectives (House, No. 2957); and

Bill relative to the underground cable reimbursement schedule (House, No. 4074);

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

By Mr. Bosley of North Adams, for the committee on Government Regulations, on House, No. 1750, a Bill clarifying tastings (House, No. 4814).

By Mr. Donnelly of Boston, for the committee on the Judiciary, on House, Nos. 2724 and 2745, a Bill relative to fees of justices of the peace (House, No. 2745, changed in line 4 by striking out the words “one hundred” and inserting in place thereof the word “seventy-five”, and in line 7 by striking out the word “fifty” and inserting in place thereof the word “twenty-five”).

By Mrs. Simmons of Leominster, for the committee on Local Affairs, on a petition, a Bill relative to the discontinuance of a portion of Dock Lane in Beverly (House, No. 4755) [Local Approval Received].

By the same member, for the same committee, on a petition, a Bill authorizing the town of Mendon to charge seniors a reduced trash fee (House, No. 4757) [Local Approval Received].

By the same member, for the same committee, on a petition, a Bill relative to the charter of the town of Reading (House, No. 4776) [Local Approval Received].

By the same member, for the same committee, on House, No. 4773, a Bill providing for the merger of the Boylston and Morningdale water districts (House, No. 4815).

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

Engrossed Bill.

The engrossed Bill authorizing the town of Groveland to establish a scenic roads administering authority (see House, No. 3962) (which originated in the House), having been certified by the Clerk to be rightly and truly prepared for final passage, was passed to be enacted; and it was signed by the acting Speaker and sent to the Senate.

Recess.

At twenty-seven minutes after eleven o’clock A.M., on motion of Mr. Rogers of Norwood (Mr. DiMasi of Boston being in the Chair), the House recessed until half past one o’clock P.M.; and at fourteen minutes before two o’clock the House was called to order with Mr. DiMasi in the Chair.

Orders of the Day.

The House Bill authorizing the town of Fairhaven to issue an additional license for the sale of beer and wine (House, No. 4321) (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.

The Senate Bill relative to the water supply of the city of Brockton (Senate, No. 1848) was read a second time; and it was ordered to a third reading.

Recesses.

At two minutes before two o’clock P.M., on motion of Mr. Rogers of Norwood (Mr. DiMasi of Boston being in the Chair), the House recessed until half past two o’clock; and at four minutes before three 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. Travis of Rehoboth, until five minutes after three o’clock P.M.; and at twenty-six minutes before four o’clock the House was called to order with Mr. DiMasi in the Chair.

Reports of Committees.

Mr. Rogers of Norwood, for the committee on Ways and Means, on House, No. 4777, reported, in part, a Bill making appropriations for fiscal year 2002 to provide for supplementing certain existing appropriations and for certain other activities and projects (House, No. 4807) [Direct appropriations: $107,203,652.00; Revenue Offsets: ($16,718,165.00); Net Outside Sections ($14,501,702.00); Total Net Appropriations: $75,983,785.00]. 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. Rogers of Norwood, the bill was read a second time forthwith.

Pending the question on ordering the bill to a third reading, Mr. Peterson of Grafton and other members of the House moved that it be amended in section 2 by inserting after item 2100-3010 the following item:

“2310-0200 506,241”.

The amendment was adopted.

Mr. Marini of Hanson and other members of the House then moved that the bill be amended in section 2 by inserting before item 2100-3010 the following item:

“2100-2041 1,381,660”;

and by inserting after section 20 the following section:

“SECTION 20A. Section 2 of chapter 177 of the acts of 2001, as so appearing, is hereby amended, in line item 2100-2041, in the second line by striking the number, ‘$1,918,340’ and inserting in place thereof the number:— $3,300,000.”.

The amendments were adopted.

Mr. Peterson of Grafton and other members of the House then moved that the bill be amended in section 2 by inserting after item 2100-3010 the following item:

“2350-0101 424,324”.

The amendment was adopted.

The bill, as amended, then was ordered to a third reading.

Under suspension of the rules, on motion of Mr. Rogers of Norwood, the bill (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. The same member then moved that this vote be reconsidered; and the motion to reconsider was negatived. The bill (House, No. 4807, printed as amended) then was sent to the Senate for concurrence.

Recesses.

At sixteen minutes before four o’clock P.M., on motion of Mr. Rogers of Norwood (Mr. DiMasi of Boston being in the Chair), the House recessed until half past four o’clock; and at seventeen minutes before five o’clock the House was called to order with Mr. DiMasi in the Chair.

The House thereupon took a further recess, on further motion of Mr. Rogers of Norwood, until a quarter after five o’clock P.M.; and at twenty-eight minutes before six o’clock the House was called to order with Mr. DiMasi in the Chair.

Emergency Measure.

The engrossed Bill making appropriations for the fiscal year 2002 to provide for supplementing certain existing appropriations and for certain other activities and projects (see House, No. 4807), 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 2 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 House) was passed to be enacted; and it was signed by the acting Speaker and sent to the Senate.

Recess.

At twenty-six minutes before six o’clock P.M., the Chair (Mr. DiMasi of Boston) declared a recess subject to the call of the Chair; and at nine minutes before six o’clock the House was called to order with Mr. DiMasi in the Chair.

Order.

On motion of Mr. Finneran of Boston,—

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

At eight minutes before six o’clock P.M., on motion of Mr. Peterson of Grafton (Mr. DiMasi of Boston being in the Chair), the House adjourned, to meet on Monday next at eleven o’clock A.M., in an Informal Session.