JOURNAL OF THE HOUSE.
|
Wednesday, October
22, 2003. |
Met according to adjournment,
at eleven o’clock A.M., with Mr. Petruccelli 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:
Gracious God, we pause
for this moment of prayerful refection to seek guidance as we take up
and evaluate the items on today’s legislative calendar. Your help
enables us to obtain accurate knowledge of current legislative and people
issues, a clear (if possible) vision of future societal needs and the
courage to make wise and moral choices even in difficult circumstances.
In dealing with controversial and emotional challenges and a variety
of interests, inspire us to select our best available options. As we
get involved in our daily routine, teach us to take a minute, on occasion,
to appreciate the heart and mystery of the universe in which we live
and the goodwill, good intentions and good times of people whom we meet
daily.
Grant Your blessings to the
Speaker, the members and employees of this House and their families.
Amen.
At the request of the
Chair (Mr. Petruccelli), the members, guests and employees joined with
him in reciting the pledge of allegiance to the flag.
Appointments
to Educational Funding Working Group.
The Speaker announced
the appointment of Representatives Larkin of Pittsfield, St. Fleur of
Boston and Rogers of Norwood to the House and Senate working group established
(under the provisions of Section 607 of Chapter 26 of the Acts of 2003)
to develop legislation to reform Chapter 70 of the General Laws.
Statement Concerning
Representative Bosley of North Adams.
A statement of Mr. DiMasi
of Boston concerning Mr. Bosley of North Adams 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 one
of our colleagues, Representative Bosley of North Adams, will not be
present in the House Chamber for today’s sitting due to being
outside of the Commonwealth on official business. Any roll calls that
he may miss today is due entirely to the reason stated.
Statement of Representative
Candaras of Wilbraham.
A statement of Ms. Candaras
of Wilbraham 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 I will
not be present in the House Chamber for the remainder of today’s
sitting due to official business in my district. Any roll calls that
I may miss today will be due entirely to the reason stated.
Statement
Concerning Representative Sánchez of Boston.
A statement of Mr. DiMasi
of Boston concerning Mr. Sánchez of Boston 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 one
of our colleagues, Representative Sánchez of Boston, will not
be present in the House Chamber for today’s sitting due to being
away on his honeymoon. Any roll calls that he may miss today is due
entirely to the reason stated.
Guests of the House.
During the session, the
Chair (Mr. DiMasi of Boston) declared a brief recess; and introduced
Colonel Sheila M. Edwards, Colonel Joseph W. Mercuri and Colonel Steven
Valente, recent inductees into the National Guard Hall of Fame. They
were the guests of Representative Connolly of Everett.
Resolutions.
The following resolutions
(filed with the Clerk) were referred, under Rule 85, to the committee
on Rules:
Resolutions (filed by
Mrs. Paulsen of Belmont) congratulating Timothy G. Haroutunian on receiving
the Eagle Award of the Boy Scouts of America; and
Resolutions (filed by
Representatives Torrisi of North Andover and L’Italien of Andover)
on the occasion of the retirement of Deputy Fire Chief Edward J. Morgan;
Mr. Scaccia 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. Kafka of Sharon, the resolutions (reported by the committee
on Bills in the Third Reading to be correctly drawn) were considered
forthwith; and they were adopted.
Petition.
Mr. Galvin of Canton
presented a petition (subject to Joint Rule 12) of William C. Galvin
relative to the reporting of fees and the disposition of excess fees
collected by constables; and the same was referred, under Rule 24, to
the committee on Rules.
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 petition
of David L. Flynn, Marc R. Pacheco and others that the Armory Commission
be authorized to grant a permanent easement to the Knights of Columbus
in the town of Bridgewater. Under suspension of the rules, on motion
of Mr. Flynn of Bridgewater, the report was considered forthwith. Joint
Rule 12 was suspended; and the petition (accompanied by bill) was referred
to the committee on State Administration. Sent to the Senate for concurrence.
By Ms. St. Fleur of Boston,
for the committee on Education, Arts and Humanities, asking to be discharged
from further consideration of the petition (accompanied by bill, House,
No. 4168) of Martin J. Walsh relative to the Neighborhood House Charter
School in the city of Boston,— and recommending that the same
be referred to the committee on State Administration. Under Rule 42,
the report was considered forthwith; and it was accepted. Sent to the
Senate for concurrence.
By Mr. Greene of Billerica,
for the committee on Natural Resources and Agriculture, on Senate, Nos.
1202 and 1211 and House, Nos. 588, 1158 and 1160, an Order relative
to authorizing the committee on Natural Resources and Agriculture to
make an investigation and study of certain Senate and House documents
concerning conservation of inland fisheries and wildlife (House, No.
4252). 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 asking to be discharged from
further consideration of said order; and recommending that the same
be referred to the House committee on Rules. Under Rule 42, the report
was considered forthwith; and it was accepted.
By Mr. Rodrigues of Westport,
for the committee on Commerce and Labor, on a petition, a Bill relative
to restoring the state film office (House, No. 303).
By the same member, for
the same committee, on a petition, a Bill providing for the reduction
of junk mail (House, No. 3481).
By Mrs. Owens-Hicks of
Boston, for the committee on Local Affairs and Regional Government,
on a petition, a Bill authorizing the Department of Veteran’s
Services to pay a certain sum of money to the town of West Springfield
(House, No. 3994) [Local Approval Received].
Severally read; and referred,
under Rule 33, to the committee on Ways and Means.
By Mr. Walsh of Boston,
for the committee on Homeland Security and Federal Affairs, that the
Bill relative to requiring pilots for certain vessels (House, No. 4104)
ought to pass. Referred, under Rule 7A, to the committee on Steering,
Policy and Scheduling.
By Mr. Rodrigues of Westport,
for the committee on Commerce and Labor, on a petition, a Bill further
regulating the opening of retail stores on Sundays (House, No. 296).
By the same member, for
the same committee, on a petition, a Bill relative to farmstand labor
(House, No. 496).
By the same member, for
the same committee, on a petition, a Bill concerning fair motor vehicle
rentals (House, No. 2566).
By the same member, for
the same committee, on a petition, a Bill relative to a limited liability
company (House, No. 3925).
By Mrs. Owens-Hicks of
Boston, for the committee on Local Affairs and Regional Government,
on a petition, a Bill authorizing the town of Raynham to establish an
account to be known as the betterment reserve fund (House, No. 4075)
[Local Approval Received].
By the same member, for
the same committee, on a petition, a Bill relative the certain health
premiums payments made by the town of Mashpee (House, No. 4085) [Local
Approval Received].
By the same member, for
the same committee, on a petition, a Bill authorizing the town of Braintree
to lease certain property (House, No. 4098) [Local Approval Received].
By the same member, for
the same committee, on a petition, a Bill relative to the municipal
light board of the town of Marblehead (House, No. 4107, changed in section
1, in line 5, by inserting after the figure: “3” the word
“years”, and in line 8, by inserting after the figure: “3”
the word “year”) [Local Approval Received].
By the same member, for
the same committee, on a petition, a Bill relative to a change in land
use in the town of Lakeville (House, No. 4112) [Local Approval Received].
By the same member, for
the same committee, on a message from His Excellency the Governor, a
Bill validating the proceedings of the annual town meeting in the town
of Palmer (printed in House, No. 4141).
By the same member, for
the same committee, on a petition, a Bill eliminating the beautification
fund of the town of Braintree (House, No. 4149) [Local Approval Received].
By the same member, for
the same committee, on a petition, a Bill relative to the construction
of an elementary school in the town of Sunderland (House, No. 4152)
[Local Approval Received].
By the same member, for
the same committee, on a petition, a Bill relative to the old and historic
districts commission of the town of Marblehead (House, No. 4153) [Local
Approval Received].
By the same member, for
the same committee, on a petition, a Bill authorizing the town of Middleton
to grant certain easements (House, No. 4196) [Local Approval Received].
By the same member, for
the same committee, on House, No. 4173, a Bill relative to the office
of town manager in the town of Arlington (House, No. 4253) [Local Approval
Received].
By Mr. Koczera of New
Bedford, for the committee on Public Service, on a petition, a Bill
exempting the position of deputy police chief of Chelmsford from civil
service (House, No. 3836) [Local Approval Received].
Severally read; and referred,
under Rule 7A, to the committee on Steering, Policy and Scheduling.
Engrossed Bill.
The engrossed Bill authorizing
the town of Milford to grant an additional license for the sale of all
alcoholic beverages to be drunk on the premises (see House, No. 3878)
(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 a quarter after eleven
o’clock A.M., on motion of Ms. Rogeness of Longmeadow, (Mr. Petruccelli
of Boston being in the Chair), the House recessed until half past two
o’clock P.M.; and at twenty-one minutes before three o’clock
the House was called to order with Mr. DiMasi of Boston in the Chair.
Engrossed
Bill — Land Taking.
The engrossed Bill authorizing
the town of Braintree to transfer a certain parcel of town park land
(see House, No. 4129) (which originated in the House), having been certified
by the Clerk to be rightly and truly prepared for final passage, was
put upon its final passage.
On the question on passing
the bill to be enacted, the sense of the House was taken by yeas and
nays (this being a bill providing for the taking of land or other easements
used for conservation purposes, etc., as defined by Article XCVII of
the Amendments to the Constitution); and on the roll call 154 members
voted in the affirmative and 0 in the negative.
Therefore the bill was
passed to be enacted; and it was signed by the acting Speaker and sent
to the Senate.
Orders of the Day.
The Senate Bill designating
a portion of state highway routes 1A and 133 in the towns of Newbury,
Rowley, Ipswich and Essex and the cities of Newburyport and Gloucester
as a scenic byway (Senate, No. 1898), 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.
The House Bill providing
for the annual observance of myositis awareness day (House, No. 3970)
(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.
Senate bills
Authorizing the town
of Wareham to grant a conservation restriction to the Wareham land trust
(Senate, No. 1171);
Relative to mutual aid
agreements (Senate, No. 1342, amended); and
Further regulating certificates
of birth resulting in stillbirth (Senate, No. 1953); and
House bills
Relative to recall elections
in the town of Bernardston (printed as Senate, No. 2011);
Relative to records open
to public inspection (House, No. 626).
To amend campaign finance
(House, No. 1268, changed).
Establishing a betterment
fund in the town of Spencer (House, No. 1326);
Validating the acts and
proceedings at a certain town caucus in the town of Westhampton (House,
No. 1712);
Relative to certain roadways
of the Metropolitan District Commission (House, No. 2968);
Relative to parking violations
in the town of Provincetown (House, No. 3841);
Relative to the extension
of municipal sewer and water services to Plum Island (House, No. 4070);
Relative to vacancies
in certain offices in the town of Spencer (House, No. 4077);
Relative to parking fines
in the town of Chatham (House, No. 4078);
Relative to parking fines
in the town of Harwich (House, No. 4079);
Relative to parking violations
in the town of Wellfleet (House, No. 4122);
To regulate hours of
employment in movie theaters and food stores for persons under age eighteen
(House, No. 4158);
Authorizing the town
of Southampton to issue an additional license for the sale of all alcoholic
beverages not to be drunk on the premises (House, No. 4162); and
Relative to the historic
business district of the town of Chatham (House, No. 4197);
Severally were read a
second time; and they were ordered to a third reading.
House reports
Of the committee on Public
Safety, ought NOT to pass, on the petition (accompanied by bill, House,
No. 412) of Philip Travis relative to motor vehicle accidents involving
public employees; and
Of the same committee,
ought NOT to pass, on the petition (accompanied by bill, House, No.
2130) of Karen Spilka, Deborah D. Blumer, Anne M. Paulsen and Bruce
E. Tarr relative to increasing the penalties for motor vehicle violations
in marked construction zones and construction areas;
Severally were accepted.
The House Bill relative
compensation for certain erroneous felony convictions (House, No. 4166)
was read a third time.
The committee on Bills
in the Third Reading reported asking to be discharged from further consideration
of the bill; and the report was accepted.
Pending the question
on passing the bill to be engrossed, Mr. Toomey of Cambridge moved that
it be amended by substitution of a Bill relative to compensation for
certain erroneous felony convictions (House, No. 4255), which was read.
The amendment was adopted;
and the substituted bill was passed to be engrossed. Sent to the Senate
for concurrence.
The House Bill making
certain changes to the tax laws of the Commonwealth (House, No. 4215)
was read a second time.
Pending the question
on ordering the bill to a third reading, Mr. Casey of Winchester moved
that it be amended by substitution of a bill with the same title (House,
No. 4254), which was read.
The amendment was adopted;
and the substituted bill was ordered to a third reading.
Subsequently, under suspension
of the rules, on further motion of the same member, the bill (having
been 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
bill (House, No. 4254) then was sent to the Senate for concurrence.
The House Bill providing
for local government workforce reduction through an early retirement
incentive program for certain employees (House, No. 3814) was read a
second time.
Pending the question
on ordering the bill to a third reading, it was recommitted to the committee
on Public Service, on motion of Mr. Koczera of New Bedford.
Reports of Committees.
By Mr. Rogers of Norwood,
for the committee on Ways and Means, that the Bill to improve public
health in the Commonwealth (House, No. 4249) 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. Koutoujian of Waltham, the bill was read a second
time forthwith; and it was ordered to a third reading.
Subsequently, under suspension
of the rules, on further motion of the same member, the bill (reported
by the committee on Bills in the Third Reading to be correctly drawn)
was read a third time, its title having been changed by said committee
to read: “An Act improving public health in the Commonwealth.”.
After remarks on the
question on passing the bill to be engrossed, Mr. Peterson of Grafton
moved that further consideration thereof be postponed until Wednesday,
October 29.
After debate on the motion
to postpone, the sense of the House was taken by yeas and nays, at the
request of the same member; and on the roll call 28 members voted in
the affirmative and 126 in the negative.
Therefore the motion
to postpone was negatived.
After remarks on the
question on passing the bill to be engrossed, Mr. Koutoujian of Waltham
and other members of the House moved that the bill be amended in section
1, in line 66, by striking out the following: “60%” and
inserting in place thereof the following: “51%”; and the
amendment was adopted.
Mr. Koutoujian then moved
that the bill be amended in Section 1, in line 124, by inserting after
the word “employing” the words “not more than”;
and the amendment was adopted.
The same member then
moved that the bill be amended in Section 1, in lines 193 to 196, by
striking out the following: “Any nursing home, licensed pursuant
to section 71 of chapter 111, may apply to the commissioner of the department
of public health for designation of part of the facility as a residence”
and inserting in place thereof the following: “Any nursing home,
licensed pursuant to section 71 of chapter 111 or any state hospital,
the Soldiers’ Home in Massachusetts, the Soldiers’ Home
in Holyoke and any substance abuse treatment center under the jurisdiction
of the commonwealth, may apply to the commissioner of the department
of public health for designation of part of the facility as a residence”.
The amendment was adopted.
Mr. Koutoujian of Waltham
and other members of the House then moved that the bill be amended by
striking out section 4 and inserting in place thereof the following
section:
“SECTION 4. This
act shall take effect on July 5, 2004.”.
The amendment was adopted.
Mr. Peterson of Grafton
and other members of the House then moved that the bill be amended by
striking all after the enacting clause and inserting in place thereof
the following:
“SECTION 1. Chapter
64C of the General Laws, as appearing in the 2002 Official Edition,
is hereby repealed.
SECTION 2. Section 31
of chapter 94C of the General Laws, as so appearing, is hereby amended
by adding the following:— (c) cigarettes, cigars and smokeless
tobacco of any kind.
SECTION 3. Chapter 270
of the General Laws, as so appearing, is hereby amended by striking
out section 22 in its entirety and inserting in place thereof the following
section:—
Section 22. Whenever
used in this section, unless the context otherwise requires, the word
‘cigarette’ shall also include within its meaning cigars
and smokeless tobacco; and the words ‘smokeless tobacco’
shall mean snuff, snuff flour, and any other tobacco, or tobacco product
prepared in such manner as to be suitable for chewing, including, but
not limited to cavendish, plug, twist and fine-cut tobaccos. The word
‘smoking’ shall include within its meaning the use of smokeless
tobacco.
No person shall smoke
in any place within the commonwealth, public or private, nor shall he
sell, distribute, dispense, manufacture, import, or otherwise possess
cigarettes.
SECTION 4. Section 23
of Chapter 270 of the General Laws, as so appearing, is hereby repealed.”.
Mr. Koutoujian of Waltham
thereupon raised a point of order that the amendment offered by the
gentleman from Grafton, et als, was improperly before the House for
the reason that it went beyond the scope of the pending bill.
The Chair (Mr. DiMasi
of Boston) stated that the point of order was well taken; and the amendment
was laid aside accordingly.
Mr. Peterson of Grafton
thereupon appealed from the decision of the Chair; and the appeal was
seconded by Mr. Jones of North Reading.
The question was then
put “Shall the decision of Chair stand as the judgement of the
House?”.
After remarks on the
appeal from the decision of the Chair, the sense of the House was taken
by yeas and nays, at the request of Mr. Peterson; and on the roll call
131 members voted in the affirmative and 23 in the negative.
Therefore the Decision
of the Chair was sustained.
Mr. Jones of North Reading
and other members of the House then moved that the bill be amended by
adding at the end thereof the following section:
“SECTION 5. Chapter
63 of the General Laws, as appearing in the 2002 Official Edition, is
hereby amended by adding the following section:—
Section 31I. A domestic
or foreign corporation or corporate franchise shall be allowed a credit
against its excise due under this chapter equal to 100 per cent of the
costs incurred during any taxable year beginning on or after January
1, 2002, and ending on or before December 31, 2003, for the purchase
and installation of mechanical ventilation systems and related heating
and air conditioning systems; walls, doors, glass, and other barriers;
air ducts; plumbing, wiring, and gas lines; and any other materials
used in the construction of a designated smoking area designed to reduce
the presence of smoke in non-smoking areas, including any modifications
to existing physical structures, as well as any costs incurred for labor
and design in the construction of such designated smoking area, used
by the corporation or corporate franchise in the Commonwealth and situated
in the Commonwealth during said period of time, pursuant to any board
of health regulation, city ordinance, town bylaw, or any other municipal
variance or exemption.”.
After debate on the question
on adoption of the amendment, Mr. Jones asked for a count of the House
to ascertain if a quorum was present.
The Chair (Mr. DiMasi
of Boston), having determined that a quorum was not in attendance, then
directed the Sergeant-at-Arms to secure the presence of a quorum.
Subsequently a roll call
was taken for the purpose of ascertaining the presence of a quorum;
and on the roll call 154 members were recorded as being in attendance.
Therefore a quorum was
present.
On the question on adoption
of the amendment, the sense of the House was taken by yeas and nays,
at the request of the same member; and on the roll call 41 members voted
in the affirmative and 112 in the negative.
Therefore the amendment
was rejected.
Mr. Jones of North Reading
and other members of the House then moved that the bill be amended in
section 1, in line 322 by striking out the following: “f. Odor
of tobacco smoke;”; and the amendment was adopted.
Mr. Jones and other members
of the House then moved that the bill be amended in section 1, in line
327, by inserting after the word: “paid”, the words “by
the person receiving the citation”; and the amendment was adopted.
Mr. Jones of North Reading
and other members of the House then moved that the bill be amended in
section 1 by inserting after line 328 the following paragraph:
“Each local board
of health, each local inspection department or its equivalent, and the
alcoholic beverages control commission shall report annually to the
commissioner of the department of public health and the clerks of the
House and Senate the following: the number of citations issued; the
workplaces which have been issued citations and the number of citations
issued to each workplace; the amount that each workplace has been fined;
and the total amount collected in fines pursuant to section 22 to 22M,
inclusive, of chapter 270 of the General Laws.”.
The amendment was adopted.
Mr. Jones and other members
of the House then moved that the bill be amended in section 1, in lines
317 and 318, by striking out the paragraph contained therein; and the
amendment was adopted.
Mr. Jones of North Reading
and other members of the House then moved that the bill be amended in
section 1, in line 231, by inserting after the word “health.”
the following sentence: “If the department of public health does
not renew the certification before its expiration or provide notice
that it has found sufficient cause to not recertify the residence portion
of the nursing home as such, such certification shall be considered
to continue until such time as the department notifies the nursing home
of its certification status.”; and in line 265, by inserting after
the word “health.” the following sentence: “If the
department of public health does not renew the certification before
its expiration or provide notice that it has found sufficient cause
to not recertify the designated tobacco testing room as such, such certification
shall be considered to continue until such time as the department notifies
the nursing home of its certification status.”. The amendments
were adopted.
Mr. Jones and other members
of the House then moved that the bill be amended in section 1, in lines
510 to 513, inclusive, by striking out the two sentences contained therein
and inserting in place thereof the following two sentences: “Only
1 waiver, for 90 days, may be issued per workplace. At the end of the
90 days, the waiver may be renewed for an additional 90 days at the
discretion of the commissioner.”; and the amendment was adopted.
Mr. Koutoujian of Waltham
and other members of the House then moved that the bill be amended in
section 1, in lines 44, 45 and 46, by striking out the paragraph contained
therein and inserting in place thereof the following paragraph:
“‘Membership
Association’, a not-for-profit establishment created and organized
pursuant to M.G.L. Ch. 180 as a charitable corporation with a defined
membership. A membership association is not a place of public accommodation
but rather distinctly private. Criteria used to determine whether a
membership association is distinctly private include, but are not limited
to, those factors identified in 204 CMR 10.02. If the membership association
holds an alcoholic beverage license, said license shall be a ‘club
license’ or a ‘war veterans club license’ as defined
in M.G.L. Ch. 138, Sec. 12 and by the Massachusetts Alcoholic Beverages
Control Commission. Said license is subject to the terms set forth by
the local licensing authority.”; and in lines 124 to 136, inclusive,
by striking out the paragraph contained therein and inserting in place
thereof the following paragraph:
“b. Membership
Associations except when the associations are open to the public or
operating as an enclosed area as defined in Section 22 and described
in Section 22D herein.”.
After debate the amendments
were adopted.
Mrs. Gomes of Harwich
then moved that the bill be amended in section 1, in lines 23 to 28,
inclusive, by striking out the paragraph contained therein and inserting
in place thereof the following paragraph:
“‘Employer’,
any individual, partnership, association, corporation, trust, school,
college, university or other educational institution or other organization,
including any public or private authority or municipal or other governmental
agency, which regularly uses the services of 5 or fewer employees, in
one or more workplaces at any one time.”; and in lines 70 to 75,
inclusive, by striking out the paragraph contained therein and inserting
in place thereof the following paragraph:
“‘Workplace’,
any enclosed indoor area, structure or facility or any portion thereof,
at which 5 or fewer employees perform services for compensation for
their employers, including, but not limited to: retail establishments;
retail stores; restaurants; bars; cafes; bowling alleys; function rooms,
halls and other enclosed spaces rented to the public.”.
The amendments were rejected.
Ms. Rogeness of Longmeadow
and other members of the House then moved that the bill be amended in
section 1, in lines 193 to 231, inclusive, by striking out the ten paragraphs
contained therein. After remarks the amendment was rejected.
Mr. Frost of Auburn then
moved that the bill be amended in section 1 by inserting after line
158 the following paragraph:
“h. Workplaces
in communities that have not established a smoking ban or restriction
by way of local by-law or ordinance may have designated smoking sections
which are completely enclosed from non-smoking sections by way of full
length doors and ventilation systems. Any employee may work in said
enclosed section only after signing a waiver to do so, which contains
information regarding the health dangers of second-hand smoke. Current
employees shall not be mandated to work in said smoking section. Future
employees may be mandated to sign as a condition of employment.”.
The amendment was rejected.
The same member then
moved that the bill be amended in section 1 by adding at the end thereof
the following:
“22N. Companies
which sell ownership rights to owners of time share properties shall
distinguish between smoking and non-smoking time share properties. Companies
must disclose to potential buyers whether the unit they are purchasing
is a smoking or non-smoking property and post signs accordingly.”.
The amendment was adopted.
Mr. Kujawski of Webster
moved that the Bill be amended in section 1 by inserting after line
54 the following paragraph:
“‘Separate
smoking room’ means an enclosed room the exclusive purpose of
which is for smoking. No business transactions, including, but not limited
to. The sale, including vending machines, and/or service of food, beverages,
or any other product, and/ or collection of any payments, shall be conducted
in this room.” and by inserting after line 147 th following paragraph:
“Separate smoking
room provided such room be clearly designated completely enclosed on
all sides by solid floor to ceiling walls, comply with all applicable
fire and building code requirements, and have a sprinkler system for
fire safety and have a separate ventilation system whereby the air from
such enclosed room is immediately exhausted to an outdoor area by an
exhaust fan rather than being recirculated inside, and pressurized to
prevent back streaming of secondhand smoke into smoke free areas. Such
rooms shall not contain the sole means of ingress and egress to restrooms
or any other smoke free area. Any door in such room shall be self-closing,
and shall remain closed except to the extent necessary to permit square
footage or the premises, including non-smoking lounges and shall not
exceed three hundred fifty square feet. No employees shall be permitted
to enter such room for the purpose of conducting any business transaction,
including but not limited to the sale or service of food, beverages,
or any other product, provided however, that an employee shall be allowed
into such room to provide busing or other cleaning services when no
smoking has occurred for fifteen minutes prior to the employee entering
the room and no customers are present. Such room shall have a ventilation
system in which the ventilation rate is at least sixty cubic feet per
minute per occupant based on a maximum occupancy of seven individuals
per on hundred feet of floor space, and the negative air pressure is
at a rate such that when measured by a device approved by the department
of health, the pressure differential is at least three hundredths of
an inch of water column. Relative to the air pressure in the adjacent
room in which smoking is not permitted. Such ventilation from operable
windows, doors, air-conditioning, and any other heating, ventilation
and air conditioning intakes.”.
The amendment was rejected.
Mr. Frost of Auburn then
moved that the bill be amended by adding at the end thereof the following
section:
“SECTION 5. Acceptance
of the provisions of this act by any city or town in the commonwealth
shall be by an affirmative vote of a majority of the voters at any regular
or special town election at which the question of acceptance has been
placed on the ballot. This act shall become effective on the date which
is 90 days following said affirmative vote.”.
The amendment was rejected.
On the question on passing
the bill, as amended, to be engrossed, the sense of the House was taken
by yeas and nays, at the request of Mr. Koutoujian of Newton; and on
the roll call 127 members voted in the affirmative and 25 in the negative.
Therefore the bill (House,
No. 4256, printed as amended) was passed to be engrossed. Sent to the
Senate for concurrence.
Mr. Rogers of Norwood,
for the committee on Ways and Means, on a message from His Excellency
the Governor (for message, see House, No. 4127), returning with His
disapproval of certain sections contained in the engrossed Bill making
appropriations for fiscal year 2003 to provide for supplementing certain
existing appropriations and for certain other activities and projects
(see House, No. 4124), reported, in part, in each instance, that certain
sections stand (as passed by the General Court).
Under suspension of the
rules, in each instance, on motion of Mr. Koutoujian of Waltham, the
following sections were considered; and the sense of the House, in each
instance, was determined by yeas and nays, as required by Chapter I,
Section I, Article II of the Constitution, as follows:
Section 10, which had
been vetoed by the Governor, was considered, as follows:
“SECTION 10. Said
chapter 26 is hereby further amended by inserting after section 713
the following section:—
Section 713A. Section
175 of this act shall take effect on November 1, 2003.”.
The question on passing
said section, notwithstanding the objections of the Governor, was determined
by yeas and nays, as required by the Constitution; and on the roll call
129 members voted in the affirmative and 23 in the negative.
Therefore section 10 was passed,
notwithstanding the objections of the Governor (more than two-thirds
of the members present and voting having voted in the affirmative).
Sent to the Senate for its action.
Section 8, which had
been vetoed by the Governor, was considered, as follows:
“SECTION 8. Item
1108-5200 of section 2 of chapter 26 of the acts of 2003 is hereby amended
by adding the following words:— ; provided, that notwithstanding
the provisions of this item or any general or special law to the contrary,
the authority’s share of such premiums for employees of the Massachusetts
Bay Transportation Authority, to whom a collective bargaining agreement
in force on July 1, 2002, other than because of a rollover, applies,
shall be as provided in that agreement until that agreement expires
but not including any rollover period.”.
The question on passing
said section, notwithstanding the objections of the Governor, was determined
by yeas and nays, as required by the Constitution; and on the roll call
132 members voted in the affirmative and 21 in the negative.
Therefore section 8 was
passed, notwithstanding the objections of the Governor (more than two-thirds
of the members present and voting having voted in the affirmative).
Sent to the Senate for its action.
By Mr. Rogers of Norwood,
for the committee on Ways and Means, that the Bill relative to the Inland
Fish and Game Fund (House, No. 4248) 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. Greene of Billerica, the bill was read a second
time forthwith; and after remarks it was ordered to a third reading.
Under suspension of the
rules, on further motion of the same member, the bill (having been reported
by the committee on Bills in the Third Reading to be correctly drawn)
was read a third time, its title having been changed by said committee
to read: “An Act relative to the Inland Fisheries and Game Fund.”.
Pending the question
on passing the bill to be engrossed, Mr. Rogers of Norwood moved that
it be amended by inserting after section 11 (as printed) the following
section:
“SECTION 14A. Notwithstanding
the provisions of any other general or special law to the contrary,
the comptroller shall deposit fiscal relief funds and increased federal
Medicaid assistance percentage funds received from the federal government
during fiscal years 2004 and 2005 pursuant to the Jobs Growth Reconciliation
Act of 2003, so-called, in excess of the amount transferred to the uncompensated
care trust fund by section 618 of chapter 26 of the Acts of 2003, to
the Federal Medicaid Assistance Percentage Escrow Fund. Said fund shall
be subject to appropriation, shall not contribute to the calculation
of the consolidated net surplus pursuant to section 5C of chapter 29
of the General Laws, and shall expire June 30, 2005 at which time the
comptroller shall transfer any remaining fund balance to the Stabilization
Fund.”.
The amendment was adopted.
On the question on passing
the bill, as amended, to be engrossed, the sense of the House was taken
by yeas and nays, at the request of Mr. Greene; and on the roll call
149 members voted in the affirmative and 0 in the negative.
Therefore the bill (House,
No. 4248, amended) was passed to be engrossed. Sent to the Senate for
concurrence.
Subsequently a statement
of Mr. Naughton of Clinton was spread upon the records of the House,
as follows:
MR. SPEAKER:
During the taking of the above yeas and nays, I was absent from the
House Chamber due to a scheduling conflict. Had I been present when
the vote was taken, I would have voted in the affirmative.
Order.
On motion of Mr. Koutoujian
of Waltham,—
Ordered,
That when the House adjourns today, it adjourn to meet tomorrow at eleven
o’clock A.M.
Accordingly, without
further consideration of the remaining matters in the Orders of the
Day, at a quarter after seven o’clock P.M., on motion of Mr. Casey
of Winchester (Mr. DiMasi of Boston being in the Chair), the House adjourned,
to meet tomorrow at eleven o’clock A.M., in an Informal Session.
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