JOURNAL OF THE HOUSE.
Monday, December 23, 2002.
 
 
Met according to adjournment, at eleven o’clock A.M., in an Informal Session, with Mr. Walsh 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:
God, Our Creator, we and people around the world are preparing to observe and celebrate the great religious feast of Christmas, the birth of Christ, a national holiday. The Christmas season is a time for both giving and receiving, of goodwill and good feelings, of peace and joy in our minds and hearts and of pleasant and perhaps sad, unforgetable memories of former times. The Christmas spirit offers us hope for a more peaceful tomorrow and to renew trust in You, Your ways and values and in each other. In these unusual, uncertain and perhaps fearful times, inspire us to continue to address the many difficult and perplexing issues in the days, months and years ahead. With Your assistance and our good faith efforts, we know that we can achieve success and serve the people who depend upon our sound judgements.
Grant Your blessings to the Speaker, the members and employees of this House and their families. Merry Christmas. Amen.
At the request of the Chair (Mr. Walsh), the members, guests and employees joined with him in reciting the pledge of allegiance to the flag.

Resolutions.

Resolutions (filed with the Clerk by Mr. Larkin of Pittsfield) congratulating James Edward Dellea on the occasion of his eightieth birthday, were referred, under Rule 85, to the committee on Rules.
Mr. Honan of Boston, for the committee on Rules, then reported that the resolutions ought to be adopted. Under suspension of the rules, on motion of Mrs. Teahan of Whitman, the resolutions (reported by the committee on Bills in the Third Reading to be correctly drawn) were considered forthwith; and they were adopted.

The House Bill establishing a citizens advisory board on uses of the Rumney Marsh Area (House, No. 1877) came from the Senate passed to be engrossed, in concurrence, with an amendment in section 2, in line 5, by inserting after the word “Inc.” the words “, a representative of the Friends of Belle Isle March, Inc.”.
Under suspension of Rule 35, on motion of Mr. Knuuttila of Gardner, 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 “school-to-work” program (House, No. 2852, amended) came from the Senate passed to be engrossed, in concurrence, with an amendment in the second sentence (inserted by amendment by the House), by striking out the words “help students earn portable credentials,”.
Under suspension of Rule 35, on motion of Mr. Koczera of New Bedford, 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 eligibility for extended federal unemployment benefits (House, No. 5368) came from the Senate passed to be engrossed, in concurrence, with an amendment striking out section 2 and inserting in place thereof the following two sections:
“SECTION 2. Notwithstanding section 14 of chapter 151A of the General Laws, the experience rate of an employer qualifying for it under subsection (b) of said section 14 of said chapter 151A shall be the rate which appears in the column designated ‘B’ for calendar year 2003.
SECTION 3. Section 1 shall take effect as of March 9, 2002. Section 2 shall take effect on January 1, 2003.”.
Under suspension of Rule 35, on motion of Mr. Greene of Billerica, 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.

A Bill exempting debt of the city of Lawrence for certain approved school projects from the statutory limit (Senate, No. 2502) (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.

Reports of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) relative to inspections of certain correctional facilities, as follows:
Of the M.C.I. Boston Pre-Release Center, in the city of Boston; and
Of the Bridgewater State Hospital, in the town of Bridgewater;
Severally were spread upon the records of the House; and returned to the Senate.

A petition of Guy W. Glodis for legislation relative to the Department of Correction’s use of segregation units for non-disciplinary purposes, came from the Senate referred, under suspension of Joint Rule 12, to the committee on Public Safety.
The House then concurred with the Senate in the suspension of said rule; and the petition (accompanied by bill, Senate, No. 2510) was referred, in concurrence, to the committee on Public Safety.

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 Walter F. Timilty and Brian A. Joyce relative to granting civil service preference to the children of Robert Byron for appointment as fire fighter in the town of Milton; and
Petition (accompanied by bill) of Martin J. Walsh relative to creditable service for employees of the Massachusetts Bay Transportation Authority;
Severally to the committee on Public Service.
Under suspension of the rules, on motion of Mr. Donato of Medford, 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, that the Senate Bill relative to credit unions (Senate, No. 5) be scheduled for consideration by the House.
Under suspension of Rule 7A, on motion of Mr. Quinn of Dartmouth, 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 Cohasset Water Commissioners to serve in other town offices (Senate, No. 1872) [Local Approval Received] be scheduled for consideration by the House.
Under suspension of Rule 7A, on motion of Mr. George of Yarmouth, 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 the disposal of lost, abandoned, and stolen property by the Massachusetts Bay Transportation Authority (House, No. 1331) 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; 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 David and Steven M. Moriarty from the maximum age requirement as firefighters in the city of Methuen (House, No. 5383) [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. Dempsey of Haverhill, the bill was read a second time forthwith; and it was ordered to a third reading.

Report of the committee on Taxation, ought NOT to pass (under Joint Rule 10), on the petition (accompanied by bill, House, No. 5316) of Thomas J. O’Brien, Ruth W. Provost and Marc R. Pacheco (by vote of the town) that the town of Carver be authorized to transfer certain taxes collected to the conservation fund of said town.
Under suspension of Rule 42, on motion of Mr. O’Brien of Kingston, 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. O’Brien, 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 following bills ought to pass:
Senate bills
Designating certain lands in the towns of Phillipston, Royalston and Templeton for conservation and public recreational purposes in conjunction with the Department of Environmental Management (Senate, No. 2393, amended); and
Relative to banks and banking (Senate, No. 2433, amended); and
House bills
Relative to debt collection and loan servicing agencies subject to regulation by the Division of Banks (House, No. 12); and
Relative to trustees of the Kuzeja Real Estate Trust capital asset-land transfer (House, No. 4657);
Severally referred, under Rule 7A, to the committee on Steering, Policy and Scheduling.

Engrossed Bills.

Engrossed bills
Relative to the Massachusetts veterans shelter in the city of Worcester (see Senate, No. 2150, amended) (which originated in the Senate); and
Providing for increased organ donations through education and access (see House, No. 5246, amended) (which originated in the House);
In respect to each of which the Senate had concurred in adoption of the emergency preamble, were passed to be enacted; and they were signed by the acting Speaker and sent to the Senate.

Engrossed bills
Relative to the Massachusetts Technology Development Corporation (see Senate, No. 2118, amended);
Authorizing the appointment of special police officers at the Crane Reservation in the town of Ipswich (see Senate, No. 2482, amended);
(Which severally originated in the Senate);
Establishing a citizens advisory board on uses of the Rumney Marsh Area (see House, No. 1877, amended);
Requiring the posting of security for the seizure and impoundment of animals (see House, No. 2202, amended);
Increasing the penalty for passing a school bus (see House, No. 4405);
Designating certain bridges, overpasses and connector roads in the city of Marlborough (see House, No. 4994);
Authorizing the town of Rochester to pay a certain unpaid bill (see House, No. 5049);
Relative to the appointment of retired police officers in the town of Reading (see House, No. 5352); and
Establishing the position of deputy chief of police in the town of Walpole (see House, No. 5387);
(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.

House bills
Relative to the banking industry (House, No. 17) (its title having been changed by the committee on Bills in the Third Reading);
Relative to secured transactions (House, No. 4575) (its title having been changed by the committee on Bills in the Third Reading);
To limit outdoor night lighting, conserve energy and reduce light pollution (House, No. 5360);
Authorizing the city of Leominster to provide for an early incentive retirement for its workforce (House, No. 5367, changed);
Establishing a sick leave bank for Saillens Dumay, an employee of the Department of Correction (House, No. 5371, changed);
Relative to the representative town meeting members in the town of Burlington (House, No. 5373);
Relative to group marketing plans (House, No. 5375);
Authorizing the town of Lynnfield to establish a capital facilities maintenance fund (House, No. 5379);
Relative to memorials for firefighting and law enforcement personnel (House, No. 5385) (its title having been changed by the committee on Bills in the Third Reading);
Providing for an early retirement incentive for certain employees of the Joseph B. Devlin Medical Institution and the Lynn Convalescent Home (House, No. 5386) (its title having been changed by the committee on Bills in the Third Reading); and
Relative to a certain license to construct a pier (House, No. 5389);
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.

House bills
Relative to disability insurance (House, No. 630); and
Relative to civil commitment of sexually dangerous persons (House, No. 4915);
Severally were read a second time; and they were ordered to a third reading.

The motion of Mr. Rogers of Norwood, that the vote be reconsidered by which the House, at the sitting of Monday, December 16, 2002, concurred with the Senate in its 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[A] 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, [B]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 the period of volunteer service based upon the annual salary the member received in the first year of membership service after that volunteer service.”) to the House Bill relative to creditable service in the armed forces of the United States (House, No. 5103, amended) prevailed.
On the recurring question on concurring with the Senate, the same member moved that the amendment be amended [at “A”] by striking out the words “ or member inactive” and [at “B”] by strik­ing out the year “2002” and inserting in place thereof the year “2003”.
The further amendments were adopted. The House then concurred with the Senate in its amendments, as amended. Sent to the Senate for concurrence in the further amendments.

The Senate Bill relative to the taxation of cable television facilities (Senate, No. 1694, amended), 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. Mr. Correia of Fall River then moved that this vote be reconsidered; and the motion to reconsider was considered forthwith; and it was negatived.

Recess.

At thirteen minutes before one o’clock P.M., on motion of Mr. Peterson of Grafton (Mr. Walsh of Boston being in the Chair), the House recessed until half past one o’clock; and at twenty-three minutes before two o’clock the House was called to order with Mr. Donato of Medford in the Chair.

Reports of Committees.

By Mr. Rogers of Norwood, for the committee on Ways and Means, that the Bill relative to gas company gate boxes (Senate, No. 2455) 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. 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 dedicating certain lands in the towns of Pelham, Belchertown, Sunderland and Leverett under the care, custody and control of the University of Massachusetts to conservation and public recreational purposes (Senate, No. 2417) ought to pass with amendments by striking out all after the enacting clause and inserting in place thereof the text contained in House document numbered 5398; and by striking out the title and inserting in place thereof the following title: “An Act relative to dedicating certain lands in the towns of Pelham, Belchertown, Sunderland and Leverett under the care, custody and control of the University of Massachusetts to conservation and public recreational purposes and placing certain land in the town of Deerfield under an agricultural preservation restriction.”. 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. Correia of Fall River, the bill was read a second time forthwith.
The amendments recommended by the committee on Ways and Means then were adopted; and the bill (Senate, No. 2471) was ordered to a third reading.

Order.

On motion of Mr. Finneran of Boston,—
Ordered, That when the House adjourns today, it adjourn to meet on Friday next at eleven o’clock A.M.

At nineteen minutes before two o’clock P.M., on motion of Mr. George of Yarmouth (Mr. Donato of Medford being in the Chair), the House adjourned, to meet on Friday next at eleven o’clock A.M., in an Informal Session.