JOURNAL OF THE HOUSE.
Monday, December 29, 2003.
 
 
Met according to adjournment, at eleven o’clock A.M., in an Informal Session, with Mr. Connolly of Everett 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 of Compassion and Forgiveness, as the calendar year draws to a close, we renew our trust and faith in You and Your ways. We thank You for the countless material and spiritual gifts and blessings which we individually and as a nation have received from You. As elected leaders, we are grateful for Your assistance and guidance in our daily struggle to select reasonable options and to make thought­ful decisions in legislative matters. We humbly ask pardon for our personal offences and failures. We continue to pray for the wisdom to read the signs of the times accurately and for the courage to respond in a fair, just and ethical manner. May the common good be the common bond which unites us in addressing present and future legislative issues.
Grant Your blessings to the Speaker, the members and employees of this House and their families. Amen.

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

Petitions.

Petitions severally were presented and referred as follows:
By Ms. Kaprielian of Watertown, petition (accompanied by bill, House, No. 4399) of Rachel Kaprielian, Steven A. Tolman and Peter J. Koutoujian (by vote of the town) relative to defining the computation of time in the issuance of notices in the charter of the city known as the town of Watertown;
By Mr. Smizik of Brookline, petition (accompanied by bill, House, No. 4400) of Deborah B. Goldberg, Frank I. Smizik, Cynthia S. Creem, Brian Paul Golden, Michael F. Rush, Jeffrey Sánchez and others (by vote of the town) relative to the investment of trust funds by the town of Brookline;
By Mr. Straus of Mattapoisett, petition (accompanied by bill, House, No. 4401) of William M. Straus, Mark C. Montigny and others (by vote of the town) that the school department of the town of Fairhaven be authorized to expend certain revenue derived from advertising in the public schools of said town; and
By the same member, petition (accompanied by bill, House, No. 4402) of William M. Straus, Marc R. Pacheco and others (by vote of the town) relative to sewer assessments in the town of Marion and regulating the annual payments and rate of interest on such assessments;
Severally to the committee on Local Affairs and Regional Government.
By Mr. Smizik of Brookline, petition (accompanied by bill, House, No. 4403) of Deborah B. Goldberg, Frank I. Smizik, Cynthia S. Creem, Brian Paul Golden, Michael F. Rush, Jeffrey Sánchez and others (by vote of the town) relative to the appointment of the chief of the fire department of the town of Brookline. To the committee on Public Safety.
By the same member, petition (accompanied by bill, House, No. 4404) of Deborah B. Goldberg, Frank I. Smizik, Cynthia S. Creem, Brian Paul Golden, Michael F. Rush, Jeffrey Sánchez and others (by vote of the town) that the town of Brookline be authorized to issue pension obligation bonds; and
By the same member, petition (accompanied by bill, House, No. 4405) of Deborah B. Goldberg, Frank I. Smizik, Cynthia S. Creem, Brian Paul Golden and others (by vote of the town) relative to the appointment of the chief of the fire department of the town of Brookline;
Severally to the committee on Public Service.
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 and other members of the House for legislation to authorize the stay of surcharges under the motor vehicle insurance laws until the final disposition of appeals.
By Mr. Kaufman of Lexington, petition (subject to Joint Rule 12) of Jay R. Kaufman, Robert A. Havern, Thomas A. Stanley and Susan C. Fargo that the Teachers’ Retirement Board be authorized to grant certain retirement benefits to James Banks.
By Mr. Koutoujian of Waltham, petition (subject to Joint Rule 12) of Peter J. Koutoujian and other members of the General Court and Thomas M. Menino that employees of the Commonwealth and of cities and towns be granted paid leave for pre-cancer screening testing.
By the same member, petition (subject to Joint Rule 12) of Peter J. Koutoujian and other members of the General Court that the children of certain low-income households be granted access to basic health care.
By Mr. O’Flaherty of Chelsea, petition (subject to Joint Rule 12) of Eugene L. O’Flaherty for legislation to regulate the duration of time for the payment of alimony in certain divorce proceedings.
By the same member, petition (subject to Joint Rule 12) of Eugene L. O’Flaherty that the Probate Court be authorized to issue temporary orders for alimony during modification proceedings.
By Mrs. Parente of Milford, petition (subject to Joint Rule 12) of Marie J. Parente for legislation to repeal the surcharges imposed on consumers for certain energy activities and projects.
By Mr. Perry of Sandwich, petition (subject to Joint Rule 12) of Jeffrey Davis Perry, Shirley Gomes, Demetrius J. Atsalis and Thomas N. George that police officers employed in towns located in Barnstable County and the county of Nantucket be authorized to exercise police powers throughout said counties.
By Mr. Travis of Rehoboth, petition (subject to Joint Rule 12) of Philip Travis and another for legislation to regulate the sale of malt beverages by kegs.
Severally, under Rule 24, to the committee on Rules.

Papers from the Senate.

The House Bill relative to preliminary elections in the town of Framingham (House, No. 4170) came from the Senate passed to be engrossed, in concurrence, with amendments in section 2, in line 7, striking out the following: “at least 1 office” and inserting in place thereof the words “all offices”; and adding at the end thereof the following two sections:
“SECTION 3. Section 1 and the last paragraph of section 2 shall not apply to the 2004 annual town election and to the preliminary election that precedes it.
SECTION 4. This act shall take effect upon its passage.”.
Under suspension of Rule 35, on motion of Mr. Smizik of Brookline, 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 exempting the position of chief of police in the town of East Longmeadow from the civil service law (Senate, No. 2163) (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.

A petition (accompanied by bill, Senate, No. 2180) of Andrea F. Nuciforo, Jr. and William Smitty Pignatelli (by vote of the town) for legislation relative to the town of Lenox and the reimbursement of local room occupancy taxes, was referred, in concurrence, to the committee on Taxation.

Reports of Committees.

By Mr. Kujawski of Webster, for the committee on Steering, Policy and Scheduling, that the House Bill concerning the department of finance in the town of Brookline (House, No. 4088) [Local Approval Received] 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. Kujawski of Webster, for the committee on Steering, Policy and Scheduling, that the House Bill authorizing the town of Brookline to lease certain town-owned property for twenty-five years (House, No. 4164) [Local Approval Received] 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. Toomey of Cambridge, for the committee on Public Safety, on a petition, a Resolve providing for an investigation and study by a special commission relative to prisoner re-integration (House, No. 4180). Read; and referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

By Mr. Koczera of New Bedford, for the committee on Public Service, on a petition, a Bill relative to the Wampanoag Tribe of Gay Head (Aquinnah) (House, No. 1586). Read; and referred, under Rule 33, to the committee on Local Affairs and Regional Government on the part of the House.

By Mr. Toomey of Cambridge, for the committee on Public Safety, on a petition, a Bill establishing the bicyclist’s bill of rights and responsibilities (House, No. 1553).
By the same member, for the same committee, on Senate, No. 1361 and House, No. 1733, a Bill to build and renovate fire and police stations in the Commonwealth of Massachusetts (House, No. 1733).
By the same member, for the same committee, on a petition, a Bill relative to smoke detectors (House, No. 3027).
By Mr. Hall of Westford, for the committee on State Administration, on a petition, a Bill providing for a board of registration of barbers and cosmetologists (House, No. 4233).
Severally read; and referred, under Rule 33, to the committee on Ways and Means.

Emergency Measure.

The engrossed Bill relative to group marketing plans (see House, No. 4295), 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 6 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.

Engrossed Bills.
Engrossed bills
Further regulating certificates of birth resulting in stillbirth (see Senate, No. 1953) (which originated in the Senate); and
Relative to voting equipment (see House, No. 4243, 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.

The engrossed Bill authorizing the town of Millbury to issue additional licenses for the sale of all alcoholic beverages to be drunk on the premises (see Senate, No. 2056, amended) (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 of the Day.

The House Bill authorizing the town of Westwood to issue licenses for the sale of all alcoholic beverages and wine and malt beverages to be drunk on the premises (House, No. 4361), 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. Sent to the Senate for concurrence.

Order.

On motion of Mr. DiMasi of Boston,—
Ordered, That when the House adjourns today, it adjourn to meet on Wednesday next at eleven o’clock A.M.
Ms. Spiliotis of Peabody then moved that as a mark of respect to the memory of Nicholas J. Mavroules, a United States Congressman from Peabody from 1979 to 1992, inclusive, the House adjourn; and the motion prevailed.
Accordingly, at twenty-six minutes after eleven o’clock A.M., on motion of Mr. Peterson of Grafton (Mr. Connolly of Everett being in the Chair), the House adjourned, to meet on Wednesday next at eleven o’clock A.M., in an Informal Session.