JOURNAL OF THE HOUSE.
Monday, December 16, 2002.
 
 
Met according to adjournment, at eleven o’clock A.M., in an Informal Session, with Mr. Rodrigues of Westport 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:
Eternal God, we depend upon You, Your guidance and assistance as we address our own as well as our legislative responsibilities and the legislative issues of this day. Protecting and enhancing the democratic process and the building of effective and relevant government and programs demand our conscientious efforts and close attention. Help us to understand fully and interpret correctly the signs of the times and to legislate prudently in meeting the concerns of people and the needs of society during these times of economic, cultural and social change. Inspire us to be thoughtful and skilled leaders who are committed to You, Your ways, truth and the rights and dignity of all people. May our trust in You remain firm and dynamic.
Grant Your blessings to the Speaker, the members and employees of this House and their families. Amen.
At the request of the Chair (Mr. Rodrigues), the members, guests and employees joined with him in reciting the pledge of allegiance to the flag.

Election of Sergeant-at-Arms.

Mr. Walsh of Boston moved that the House proceed to the election of a Sergeant-at-Arms of the General Court, that the election be made by acclamation; and that Kevin W. Fitzgerald of Boston be so elected Sergeant-at-Arms.
The motion unanimously prevailed; Mr. Fitzgerald was elected by acclamation on the part of the House; and declaration thereof was made by the Chair.

Orders.

On motion of Mr. Walsh of Boston,—
Ordered, That the Clerk be directed to inform the Senate of the election, on the part of the House, of Kevin W. Fitzgerald of Boston as Sergeant-at-Arms of the General Court.

On motion of Mr. Walsh of Boston,—-
Ordered, That the clerks of the two branches give notice to Kevin W. Fitzgerald that he has been elected Sergeant-at-Arms of the General Court.
Sent to the Senate for concurrence.

Petition.

Mr. Donato of Medford presented a petition (accompanied by bill, House, No. 5392) of Paul J. Donato, Vincent P. Ciampa and Charles E. Shannon (with the approval of the mayor and city council) relative to the salaries of certain public officials in the city of Medford; and the same was referred to the committee on Local Affairs. Sent to the Senate for concurrence.

Papers from the Senate.

The House Bill designating certain bridges, overpasses and connector roads in the city of Marlborough (House, No. 4994) came from the Senate passed to be engrossed, in concurrence, with an amendment inserting after the enacting clause the following section:
“SECTION 1. Chapter 477 of the acts of 1996 is hereby repealed.”.
Under suspension of Rule 35, on motion of Mr. LeDuc of Marlborough, the amendment (reported by the committee on Bills in the Third Reading to be correctly drawn) was considered forthwith.
The House then non-concurred with the Senate in its amendment; and the bill was returned to that branch endorsed accordingly.

The engrossed Bill relative to the Massachusetts veterans shelter in the city of Worcester (see Senate, No. 2150, amended) came from the Senate with an amendment in section 2 (as engrossed), in the last sentence of the first paragraph, by striking out the words “state of” and inserting in place thereof the words “state or”.
Under suspension of Rule 35, on motion of Mr. Pedone of Worcester, 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 sounding of certain warning devices in the town of Concord (House, No. 4226) came from the Senate passed to be engrossed, in concurrence, with an amendment in lines 6 and 7 by striking out the words “warning devices” and inserting in place thereof the following: “the following safety features: (i) flashing lights in each direction which are automatically activated by an approaching train; (ii) 2 gates, one on each side of the crossing, both of which are automatically lowered by an approaching train and both of which extend across approximately one half the width of the lanes of traffic so that the entire width of the lanes of traffic is blocked when the gates are lowered; (iii) a bell that is automatically activated by an approaching train; (iv) overhead street lights; (v) signs posted before the grade crossing in each direction warning pedestrians and motorists of the crossing ahead; (vi) posted speed limits for traffic which shall not be more than 25 miles per hour; and (vii) not more than 2 lanes of vehicular traffic in each direction at the grade crossing. Notwithstanding this act, a train shall sound its whistle in the event of an emergency.”.
Under suspension of Rule 35, on motion of Ms. Atkins of Concord, 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 authorizing the city of Worcester to lease a certain building for courthouse use (House, No. 4966, amended) came from the Senate passed to be engrossed, in concurrence, with an amendment in section 2, in line 5, by striking out the word “mayor” and inserting in place thereof the words “city manager”.
Under suspension of Rule 35, on motion of Mr. Pedone of Worcester, 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 creditable service in the armed forces of the United States (House, No. 5103) came from the Senate passed to be engrossed, in concurrence, with amendments striking out section 1 (as printed); and by inserting after section 2 (as printed) the following section:
“SECTION 1A. Subdivision (1) of said section 4 of said chap­ter 32, as so appearing, is hereby amended by inserting after paragraph (q) the following paragraph:—
(r) Notwithstanding any general or special law to the contrary, a member in service or member inactive, as defined in section 3, of a retirement system, who served as a volunteer to the Peace Corps, who completes 10 or more years of membership service as a public school teacher or public school guidance counselor, and who retires on or after March 31, 2002, shall receive full credit for the period of such volunteer service but not more than 3 years. Eligibility for the creditable service of members in service of a retirement system shall be conditioned upon payment, in 1 sum or in installments upon such terms as the applicable retirement board may provide, into the annuity savings fund of the applicable retirement system, of an amount equal to the contributions such member in service would have otherwise paid into the retirement system for he period of volunteer service based upon the annual salary the member received in the first year of membership service after that volunteer service.”.
Under suspension of Rule 35, on motion of Mr. Walsh of Boston, 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.

The House Bill relative to certain motor vehicle dealers (House, No. 5357) 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 text contained in Senate document numbered 2493.
Under suspension of Rule 35, on motion of Mr. O’Brien of Kingston, the amendment (reported by the committee on Bills in the Third Reading to be correctly drawn, as changed) was considered forthwith; and it was adopted, in concurrence.

Bills.

Authorizing Barnstable County to make loans for the repair, replacement and upgrade of septic systems (Senate, No. 2282, changed and amended) (changed in section 2, in line 9, by striking out the year “2001” and inserting in place thereof the year “2002”; in line 15, by striking out, after the word “with” the word “the” and inserting in place thereof the word “this”; and in line 17, by striking out the following: “371B” and inserting in place thereof the figure “37B” and amended by striking out section 4 and inserting in place thereof the following two sections:
“SECTION 4. Notwithstanding section 127B of chapter 111 of the General Laws and section 13 of chapter 80 of the General Laws to the contrary, any betterment agreement made by Barnstable county with owners of structures for human habitation for the repair, replacement or upgrade of septic systems under said section 127B may bear interest at a rate of 0 per cent per annum.
SECTION 5. This act shall take effect upon its passage.”) (on a petition);
Amending the Upper Blackstone Water Pollution Abatement District (Senate, No. 2500) (on Senate bill, No. 1064); and
Relative to borrowing by the Pioneer Valley Regional School District (Senate, No. 2501) (on Senate, No. 2416);
Severally passed to be engrossed by the Senate, were read; and they were referred, under Rule 33, to the committee on Ways and Means.

A petition of Stephen M. Brewer and John J. Binienda for legislation to authorize payroll deductions for certain contributions to the State Police Museum Fund, came from the Senate referred, under suspension of Joint Rule 12, to the committee on Public Service.
The House then concurred with the Senate in the suspension of said rule; and the petition (accompanied by bill, Senate, No. 2504) was referred, in concurrence, to the committee on Public Service.

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 Rules 12 and 9 be suspended on the petition of Karyn E. Polito and Guy W. Glodis (by vote of the town) relative to establishing the Shrewsbury economic and industrial development corporation. Under suspension of the rules, on motion of Ms. Polito of Shrewsbury, the report was considered forthwith. Joint Rules 12 and 9 were suspended; and the petition (accompanied by bill) was referred to the committee on Commerce and Labor. Sent to the Senate for concurrence.

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 Barry R. Finegold relative to the designation of a certain bridge in the town of Andover. Under suspension of the rules, on motion of Mrs. Teahan of Whitman, the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Transportation. 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. 872) of Brian S. Dempsey for legislation to include employees of municipal wastewater treatment facilities in Group 4 of the contributory retirement system,— 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. Rogers of Norwood, for the committee on Ways and Means, on House, No. 5380, a Bill clarifying the use of certain trust funds in fiscal years 2003 and 2004 (House, No. 5393). 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. Turkington of Falmouth, the bill was read a second time forthwith.
Pending the question on ordering the bill to a third reading, Mr. Jones of North Reading moved that it be amended in section 2 (as printed), in the last sentence, by inserting after the word “corporation” the words “to the extent of their actions taken as directors and on behalf of the board”. The amendment was adopted.
Mr. Marzilli of Arlington then moved that the bill be amended by striking out section 13 as follows:
“SECTION 13. Any financial institutions or other business entity subject to tax under the provisions of chapter 63 of the General Laws, that has taken any deduction for dividends received on distributions it has recorded from a real estate investment trust, as defined under section 856 of the Internal Revenue Code, may apply for and be granted a waiver of 25 percent of the tax owed if the deduction had not been claimed, provided that payment of the remaining tax and any interest thereon is paid in full on or before February 28, 2003. In order to qualify for said waiver, said financial institution or other business entity must submit with its amnesty application a statement, in writing, withdrawing any pending abatement claim and agreeing not to pursue any appeal or further claim on those amounts waived and those paid.”.
The amendment was adopted.
Mr. Walsh of Boston then moved that the bill be amended by adding at the end thereof the following section:
“SECTION 12A. Section 1 of this act shall take effect on July 1, 2002.”.
The amendment was adopted; and the bill (House, No 5393, amended) was ordered to a third reading.
Subsequently, under suspension of the rules, on motion of Mr. Walsh, the bill (its title having been changed by the committee on Bills in the Third Reading to read: “An Act relative to certain trust funds and other matters.”), 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, Mr. Peterson of Grafton moved that it be amended in section 2 (as printed) by striking out the last sentence (as previously amended) and inserting in place thereof the following sentence: “The directors and officers shall not as a result of their position with the corporation be considered state employees or special state employees for the purposes of sections 4, 6, 7 and 23 of chapter 268A.”. The amendment was adopted.
Mr. Straus of Mattapoisett then moved that the bill be amended in section 5 (as printed), in the last sentence, by inserting after the word “customer”, the second time it appears, the words “and provided, further, that the authority shall obtain the express, written consent of any customer before releasing said information on said customer to any third party for commercial or non-commercial purposes”. The amendment was adopted.
Mr. Walsh of Boston then moved that the bill be amended by adding at the end thereof the following section:
“SECTION 13. Section 10 shall take effect as of August 30, 2002.”; and by inserting before the enacting clause the following emergency preamble:
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for the use of certain trust funds and other matters, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”
The amendments were adopted; and the bill (House, No. 5393, printed as amended) was passed to be engrossed. Sent to the Senate for concurrence.

By Mr. Verga of Gloucester, for the committee on Local Affairs, on a petition, a Bill authorizing the town of Lynnfield to establish a capital facilities maintenance fund (House, No. 5379) [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. Jones of North Reading, 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 making corrective changes in certain general and special laws (printed in Senate, No. 2497) be scheduled for consideration by the House.
Under suspension of Rule 7A, on motion of Mr. Smizik of Brookline, 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 to provide an early retirement incentive of certain employees of the Joseph B. Devlin Medical Institution and the Lynn Convalescent Home (House, No. 5386) [Local Approval Received]. Read; and referred, under Rule 33, to the committee on Ways and Means.
Subsequently Mr. Rogers of Norwood, for said committee, reported recommending that the bill ought to pass. Referred, under Rule 7A, to the committee on Steering, Policy and Scheduling.

By Mr. Rogers of Norwood, for the committee on Ways and Means, that the following bills ought to pass:
Relative to credit unions (Senate, No. 5); and
Relative to limited liability companies (Senate, No. 2345); and
Relative to the disposal of lost, abandoned, and stolen property by the Massachusetts Bay Transportation Authority (House, No. 1331);
Severally referred, under Rule 7A, to the committee on Steering, Policy and Scheduling.

Emergency Measure.

The engrossed Bill establishing a sick leave bank for Kevin J. Welch, an employee of the Trial Court of the Commonwealth (see House, No. 5333), 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 17 to 0. Sent to the Senate for concurrence.

Engrossed Bills.

Engrossed bills
Authorizing the city of Quincy to lease certain property (see Senate, No. 2287) (which originated in the Senate);
Relative to certain group life insurance (see House bill printed as Senate, No. 748, amended);
Relative to nuclear power plants (see House, No. 4913, amended);
Relative to the interest rate and the gross receipts of those taxpayers granted an exemption on taxes on real estate in the town of Wellesley (see House, No. 5166);
Authorizing the Division of Capital Asset Management and Maintenance to convey certain land in the town of Ashfield (see House, No. 5217); and
Changing the boundary line between Boxford and North Andover (see House, No. 5390);
(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.

Motions to Reconsider.

Mr. Larkin of Pittsfield moved that the vote be reconsidered by which the House, at the preceding sitting, concurred with the Senate in its amendment (striking out all after the enacting clause and inserting in place thereof a new text) to the House Bill relative to school committee members (House, No. 783, changed and amended); and the motion to reconsider was entertained; and it prevailed.
Pending the recurring question on concurring with the Senate in its amendment, the same member moved that the amendment be amended by inserting before the last sentence (inserted by amendment by the Senate) the following sentence: “The association and any other entity providing such orientation shall offer every year at least 2 orientation sessions at no required cost to eligible school committees.”. The further amendment was adopted.
The House then concurred with the Senate in its amendment, as amended. Sent to the Senate for concurrence in the further amendment.

Mr. Bosley of North Adams moved that the vote be reconsidered by which the House, on Wednesday, April 10, 2002, accepted a report of the committee on Government Regulations, ought not to pass, on the petition (accompanied by bill, House, No. 442) of Patricia A. Walrath, Pamela P. Resor, Gale D. Candaras, Anthony J. Verga, Thomas J. O’Brien and Benjamin Swan relative to the registration of real estate brokers; and the motion to reconsider was entertained, and it prevailed.  
Pending the recurring question on acceptance of the report, the same member moved that the report be amended by substitution of a Bill relative to registered real estate brokers and urea formaldehyde foam insulation (House, No. 5394), which was read.
The amendment was adopted.
Under suspension of the rules, on further motion of Mr. Bosley, the substituted bill was read a second time forthwith; and it was ordered to a third reading.

Mr. Kennedy of Brockton moved that the vote be reconsidered by which the House, at the preceding sitting, passed to be engrossed, in concurrence, the Senate Bill relative to crimes against the elderly and persons with disabilities (Senate, No. 2350, amended); and, under Rule 54, the motion to reconsider was placed in the Orders of the Day for the next sitting.

Orders of the Day.

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

House bills
Relative to the tax treatment of prepaid calling arrangements (House, No. 1320) (its title having been changed by the committee on Bills in the Third Reading);
Relative to the appointment of retired police officers in the town of Reading (House, No. 5352);
Providing for an increase in the membership of the board of selectmen of the town of Groton to 5 members (House, No. 5364); and
Establishing the position of deputy chief of police in the town of Walpole (House, No. 5387) (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 relative to abandoning a certain rail line in the town of Falmouth (House, No. 4990), 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. Turkington of Falmouth moved that it be amended by adding at the end thereof the following section:
“SECTION 3. The consideration for the deed shall be the fair market value of the property for its restricted uses less 50% of the estimated cost to the Town of the improvements to be made thereon.”.
The amendment was adopted; and the bill (House, No. 4990, amended) was passed to be engrossed. Sent to the Senate for con­currence.

Recess.

At eighteen minutes after twelve o’clock noon, on motion of Mr. Peterson of Grafton (Mr. Rodrigues of Westport being in the Chair), the House recessed until three o’clock P.M.; and at twenty-seven minutes before four o’clock the House was called to order with Mr. DiMasi of Boston in the Chair.

Engrossed Bill.

Mr. LeDuc of Marlborough being in the Chair,—
The engrossed Bill relative to mailing tax bills in the city of Marlborough (see Senate, No. 2498) (which originated in the Senate), 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.

Orders.

Mr. DiMasi of Boston having returned to the Chair,—
An Order (filed this day by Mr. Connolly of Everett) relative to reviving and continuing the special committee of the House established to make an investigation and study of veterans’ affairs in the Commonwealth (House, No. 5396) was referred, under Rule 85, to the committee on Rules.
Mr. Scaccia of Boston, for said committee, then reported that the order ought to be adopted. Referred, under Rule 33, to the committee on Ways and Means.
Mr. Rogers of Norwood, for the said committee, reported that the order ought to be adopted. Under suspension of Rule 42, on motion of Mr. Connolly of Everett, the order was considered forthwith; and it was adopted.

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 fourteen minutes before four o’clock P.M., on motion of Mr. Walsh of Boston (Mr. DiMasi of Boston being in the Chair), the House adjourned, to meet on Thursday next at eleven o’clock A.M., in an Informal Session.