Session DetailsFormal House Session 33

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The House will come to order. The hour to which the House has adjourned having arrived. We will begin with the prayer.

Let us pray. God of truth, we pray for our elected members of this House and their staff. We pray for their continual efforts in crafting just and fair legislation. God of power and might, we pray in a spirit of Thanksgiving for our Commonwealth having dodged yet another powerful March storm. We are thankful as we have grown weary of unrelenting wintry weather.

We are aware that unseasonable weather has long been a characteristic of this, our region. In fact, we remember that this week marks the 82nd anniversary of the worst flooding in the state's history. Cities and towns along the Connecticut River, including the City of Springfield, found their downtown precincts devastated. The Great Flood of 1936 killed 10 people, left 50,000 homeless, and caused damage in Massachusetts that totaled over then $200 million, about $5 billion in today's economy.

The one silver lining was to be found in the flood's aftermath as the federal government's Works Project Administration, or WPA, employed many citizens who had been unemployed since the start of the Great Depression. Clean-up operations, the reopening of mills that produced needed clothing, and the establishment of a series of dams along the Connecticut River helped lead to an economic recovery for that part of the bay state. May God continue to bless our Commonwealth.

Members and guests will remain standing for the Pledge of Allegiance. I pledge--

--allegiance to the flag of the United States of America. And to the republic for which it stands, one nation, under God, indivisible with liberty and justice for all.

Report of a committee.

Committee on Rules reports recommending that the following resolutions ought to be adopted, resolutions filed by Ms. Fiola of Fall River and other members of the House honoring Henry [? Eskolet ?] Jr. for his years of dedicated service to the Commonwealth's agriculture industry. And resolutions filed by Mr. McKenna of Webster, commending the New England Hemophilia Association on his recognition of March 2018 as Bleeding Disorders Awareness Month.

Ms. Pouria of North Attleboro moves suspension of the rules. All those in favor, say aye. Opposed, no. The ayes have it. The rules are suspended. Question comes on adoption of the resolutions. All those in favor, say aye. Opposed, no. The ayes have it. The resolutions are adopted. Paper from the Senate.

A petition of Walter F. Timily for legislation relative to an easement plan for the Milton Inline Inspection Project comes in the Senate with the endorsement as referred by said branch under suspension of Joint Rule 12 to the Committee on State Administration and Regulatory Oversight.

Question comes on concurrence. All those in favor, say aye. Opposed, no. The ayes have it. The House concurs. Report of a committee.

The Committee on Rules and the Committees on Rules of the two branches acted. [INAUDIBLE] reports recommending that Joint Rule 12 be suspended on the following petitions. A joint petition subject to Joint Rule 12 of Tackey Chan, John F. Keenan and others for legislation to designate the Houghs Neck Maritime Center in the city of Quincy in honor of Francis X. Macaulay.

To the Committee on Environment, Natural Resources, and Agriculture, petition of Angelo J Pupilo Jr. relative to civil penalties for the disposal of trash or garbage from motor vehicles. To the Committee on the Judiciary, a petition of Carole A. Fiola and others for legislation to establish a special commission to research current logistical issues related to outpatient methadone centers and to identify alternatives to the distribution of outpatient methadone treatment.

To the Committee on Mental Health, Substance Use, and Recovery, and a joint petition of Paul McMurtry and Mike F. Rush for legislation to establish a sick leave bank for Gloria Phillips, an employee of the Department of Industrial Accidents to the Committee on Public Service

Mr. Chan of Quincy moves suspension of the rules. All those in favor, say aye. Opposed, no. The ayes have it. The rules are suspended. Question now comes on suspension of Joint Rule 12. All those in favor, say aye. Opposed, no. The ayes have it. Joint Rule 12 is suspended. Report of a committee.

The Committee on Ways and Means to whom was referred the bill relative to the financial condition of the city of Lynn. House number 4302. Reports recommend the same ought to pass. Committee on Steering, Policy and Scheduling reports the recommend matter be scheduled for consideration by the House. Local approval received.

Mr. Hill of Ipswich moves suspension of Rule 7A. All those in favor, say aye. Opposed, no. The ayes have it. Rule 7A is suspended. Second reading of the bill.

Enact relative that a financial condition of the city of Lynn. House number 4302.

Question comes on ordering the bill to a third reading. All those in favor, say aye. Opposed, no. The ayes have it. The bill is ordered to a third reading. Chair has been formed that House 4005 as amended, an act designating a band stand at the Marine Park in the South Boston section of the city of Boston as the Harry Q. Uhlman Jr. Band Stand comes before us rightly and truly prepared for final passage.

Under the Constitution, a separate vote is required. All those in favor of the preamble will stand and the monitors will return the count. First division, one. Second division?

Eight.

Eight. Third division?

Three.

Three. Fourth division?

Three.

Three. All those opposed, first division zero, second division zero, third division zero, fourth division zero. In this matter, 15 have indicated in the affirmative, none in the negative. The emergency preamble is adopted.

House has been informed that 72296, an act to protect access to confidential health care comes before us for final passage. Question comes on passing the bill to be enacted. All those in favor, say aye. Opposed, no. The ayes have it. The bill is passed to be enacted.

House will be in a brief recess. The chair will inform the members that under Rule 49, Representative Miceli will be recorded by a court officer. Representative Michael Woods of Boston doubts the presence of a quorum. The chair can ascertain that a quorum is not present. Therefore, court officers police summons the members. Indicate to them that a quorum roll call is in progress, and will remain open for four minutes.

Mr. Michael Woods asks unanimous consent to withdraw his request for a quorum roll call. Does the chair hear objection? Chair has none. Chair has been informed that calendar item 368 on page 26--

Michael Woods.

--Mr. Michael Woods moves suspension of Rule 47. Does the chair hear objection? Chair hears none. Third reading of the bill.

An act regulating the insuring short-term rentals.

Question comes on passing the bill to be engrossed. Pending went to Mr. Michael Woods of Boston. Chair would ask the members to please take their seats.

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Chair would ask the members to clear the aisles, subdue their conversations, take their seats. Chair will once again ask the members to please subdue their conversations or take them outside. Take their seats, clear the aisles.

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Take your seats, please.

Chair will once again ask the members to subdue their conversations, take their seats.

Chair recognizes Mr. Michael Woods of Boston.

Thank you, Madam Speaker. And when we take up this matter today, I ask for a call of the yeas and nays.

Gentleman moves when the matter is taken up, it would be taken by a call of the yeas and nays. Those joining with him will stand. Monitors will return the count. First division? 20, sufficient number having arisen. When this matter is called, it'll be done with the yeas and nays. Chair recognizes Mr. Michael Woods of Boston.

Thank you, Madam Speaker, and through you to the members. Today we are taking up House Bill 4314, an act regulating and ensuring short-term rentals. A short-term rental idea is not necessarily a new concept. Vacation rentals, corporate housing, and even crashing on people's couches has been going on for generations.

But the short-term rental marketplace has exploded in recent years in the Commonwealth and around the world. Online portals like Airbnb and Expedia have taken what was once a novice approach to travel and tourism and created a whole new industry that at the moment is completely unregulated, has created drastic inequities in the overall lodging market, and has added to the housing crisis in some of our biggest cities.

The innovation economy has proven that no one size fits all. And therefore, we cannot use a one-size-fits-all approach in addressing the issues laid out in this bill to the short-term rental market. This legislation uses a tailored approach to providing flexibility to the 351 cities and towns in Massachusetts, and lets them decide what levels are appropriate to their own economy.

House Bill 4314 does this by taking into account all the different types of business models that are currently operating in the Commonwealth today. The elderly couple in the South End renting out their spare bedroom is a different type of business than a summer vacation rental on the Cape or a unit of housing that is on the short-term rental market for 365 days of the year. The needs and concerns for the short-term rental industry in the Berkshires are much different than those needs and concerns in places like Cambridge or Somerville.

With House Bill 4314, we have incorporated a balanced approach that creates the proper guidelines to ensure that consumer protection and public safety are addressed in this complicated issue. The Financial Services Committee held three hearings across the Commonwealth to hear the communities that have been most affected by this industry shift. Hundreds of people testified and told their stories as short-term rental hosts, users of the short-term rental industry, and community members where the short-term rental market had had a major effect, positive and negative on their community.

I want to thank the members of the Committee and the members of each regional delegation for their thoughtfulness and perspective during those hearings and afterwards in helping craft this bill. While each community has had different perspectives, one overall common theme has been the need to create equity within the overall lodging market. It is our belief that House Bill 4314-- we will create that equity within the industry, and at the same time, empower our local communities.

We will be creating a first in the nation model revenue structure that differentiates the casual residential host from the more professionally managed host. The more units an individual puts on the market, the higher the state and local excise tax will be charged. Those who use the technology to make a little extra money versus those hosts who rent out numerous units should be treated differently, and are treated differently in this legislation.

Our legislation will create much needed transparency within the market by ensuring that short-term rental units register to help state and local public safety officials understand where these businesses are located. Stories of the Emerson College student who rented out his dorm room on Tremont Street, or as he called it, quote, "a private single bedroom unit with sweeping views of Boston Common right in the heart of downtown" without the college being aware of it will be eliminated with this transparency piece.

We have clear, defined, and stringent rules and regulations when it comes to hotels. They serve an important role in the tourism industry here in the Commonwealth. It is incumbent upon us to ensure that if it looks like a hotel and acts like a hotel that it should be subject to similar rules as a hotel.

Many of our communities have seen an influx of these types of businesses within their borders. Some communities will want to further restrict these rentals and capture the maximum amount of revenue in order to fully fund their local services. Other communities may not further regulate short-term rentals, and may look to go lower on the revenues figures to draw these types of businesses to their areas to inspire more tourism to go in their direction.

Local option is exactly that, context of their communities. What works for Boston is going to be different than what works in the Berkshires or on the Cape. This legislation recognizes that.

I want to thank the speaker and his staff for all the hard work that they did on this bill. I also want to thank the Chairman of Ways and Means and his staff for their due diligence and hard work in getting us here today to this bill. And I personally want to thank my staff, who have been working on this for quite some time, and have worked every step of the way on making sure that we got to this point today. So thank you to my staff. And thank you, Madam Speaker.

House will be in a brief recess.

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House will come to order. Question comes on passing the bill to be engrossed, pending which Mr. Whelan of Brewster offers an amendment in the hands of the clerk. The clerk will read the amendment.

Amendment number two. Representatives Whelan of Brewster and other members of the House move to amend the bill in Section 4 after line 153--

If there be no objection, the clerk will dispense with the further reading of the amendment. Does the chair hear objection? Chair hears none. Question comes on adoption the amendment. All those in favor, say aye. Opposed, no. The nos have it. The amendment is not adopted. Mr. Jones of North Reading offers an amendment in the hands of the clerk. The clerk will read the amendment.

Amendment number 10. The Representative Jones of North Reading and other members of the House move to amend the bill in Section 4 in lines 53 and 57 by strikeout the figure 15--

If there be no objection, the clerk will dispense with the further reading of the amendment. Does the chair hear objection? Chair hears none. Question comes on adoption of the amendment. All those in favor, say aye. Opposed, no. The ayes have it. The amendment is adopted.

Mr. Jones of North Reading offers an amendment in the hands of the clerk. The clerk will read the amendment.

Amendment number 12. Mr. Jones of North Reading an other members of the House move to amend the bill by inserting at the end or of the following new section, Section 9. The commissioner shall--

If there be no objection, the clerk will dispense with the further reading of the amendment. Does the chair hear objection? Chair hears none. Question comes on adoption of the amendment. All those in favor, say aye. Opposed, no. The ayes have it. The amendment is adopted.

Mr. Hunt of Sandwich offers an amendment in the hands of the clerk. The clerk will read the amendment. Chair is in error. Mr. Hunt of Boston offers an amendment in the hands of the clerk. The clerk will read the amendment.

Amendment number 13. Mr. Hunt of Boston moves to amend a bill by adding the following section. Section 1, Chapter 40U is hereby amended by deleting the definition.

If there be no objection, the clerk will dispense with the further reading of the amendment. Does the chair hear objection? Chair hears none. Question comes on adoption of the amendment. All those in favor, say aye. Opposed, no. The ayes have it. The amendment is adopted. Mr. Kaufman of Lexington offers an amendment in the hands of the clerk. The clerk will read the amendment.

Amendment number 28. Mr. Kaufman of Lexington moves to amend the bill in Section 4949 by striking out the following, defined in Section 1 [INAUDIBLE]--

If there be no objection, the clerk will dispense with the further reading of the amendment. Does the chair hear objection? Chair hears none. Question comes on adoption of the amendment. All those in favor, say aye. Opposed, no. The nos have it. The amendment is not adopted. Sure.

Chair has been informed that the following bill, H4005, an act designating a band stand in the Marine Park in the South Boston section of the city of Boston as the Harry G. Uhlman Jr. Band Stand comes before us for final passage. Question comes on passing the bill to be enacted. All those in favor, say aye. Opposed, no. The ayes have it. Bill's passed to be enacted. House will be in a brief recess.

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House will come to order. Question comes on passing the bill to be engrossed, pending which Ms. Barber of Somerville offers an amendment in the hands of the clerk. The clerk will read the amendment.

Amendment number 24. Ms. Barber of Somerville moves to amend the bill on line 138 by striking out the word or.

If there be no objection, the clerk will dispense with the further reading of the amendment. Does the chair hear objection? Chair hears none. Question comes on adoption of the amendment. All those in favor, say aye. Opposed, no. The ayes have it. The amendment is adopted.

Representatives Golden, Arciero, and Atkins and Nangle ask that the members stand for a moment of silence. We're asked to stand in a moment of silent tribute in memory of Dennis J. Ready, 75, of Chelmsford, who was known by many as Mr. Chelmsford or the Father of Chelmsford. He passed away unexpectedly on Friday, March 16.

He was the beloved husband of Donna Gill Ready for over 45 years. In addition to his wife, he's survived by his daughter, son-in-law Robert, and Karen Ready Uttecht of Chelmsford, his two sons and daughter-in-law, Kevin and Holley Cain Ready of Chelmsford, and Joseph and Amy Martel Ready of Chelmsford. Michelle Martel, who he thought of as his daughter, his son and brother-in-law-- his sister and brother-in-law, Jeff and Rosemary Moulton, his brother and sister-in-law Bernard and Carol Ready, and his eight grandchildren. Thank you.

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House will come to order. Mr. Honan of Boston offers an amendment in the hands of the clerk. The clerk will read the amendment.

Amendment number 4 has changed. Mr. Honan of Boston moves to amend the bill in Section 4 by inserting after the words basis in line 74 the following sentence.

If there be no objection, the clerk will dispense with the further reading of the amendment. Does the chair hear objection? Chair hears none. Question comes on adoption of the amendment. All those in favor, say aye. Opposed, no. The ayes have it. The amendment is adopted as changed. House will be in a brief recess.

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House will come to order. Question comes on passing the bill to be engrossed, pending which Ms. Peake of Provincetown offers an amendment in the hands of the clerk. Clerk will read the amendment.

Amendment number 5 has changed. Representatives Peake of Provincetown, Hunt of Sandwich, Vieira of Falmouth, Fernandes of Falmouth, Whelan of Brewster, and Crocker of Barnstable will move to amend the bill in Section 2 by adding the following section after Section 1.

If there be no objection, the clerk will dispense with the further reading of the amendment. Does the chair hear objection? Chair hears none. Question comes on adoption of the amendment. All those in favor, say aye. Opposed, no. The ayes have it. The amendment is adopted. House will be in a brief recess.

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House will come to order. Mr. Honan of Boston offers an amendment in the hands of the clerk. The clerk will read the amendment.

Amendment number 20 has changed. Mr. Honan of Boston moves to amend the bill in Section 4 by striking lines 81, 84 inclusive and inserting in place the following. D, any city or town--

If there be no objection, the clerk will dispense with the further reading of the amendment. Does the chair hear objection? Chair hears none. Question comes on adoption of the amendment as changed. All those in favor, say aye. Opposed, no. The ayes have it. The amendment is adopted.

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House will come to order. Mr. Moran of Boston offers an amendment in the hands of the clerk. The clerk will read the amendment.

Amendment number 23 has changed. Mr. Moran of Boston moves to amend the bill in Section 4 by inserting in line 49 after the word in the following words, or covered under.

If there be no objection, the clerk will dispense with the further reading of the amendment. Does the chair hear objection? Chair hears none. Question comes on adoption of the amendment. All those in favor, say aye. Opposed, no. The ayes have it. The amendment as changed is adopted. Mr. Sánchez of Boston offers an amendment in the hands of the clerk. The clerk will read the amendment.

Amendment number 29. Mr. Sánchez of Boston moves to amend the bill in Section 4 by inserting in line 89 after the word chapter the following sentence.

If there be no objection, the clerk will dispense with the further reading of the amendment. Does the chair hear objection? Chair hears none. Oh. Sorry. House will be in a brief recess. House will come to order. The clerk will reread the amendment as changed.

Amendment number 29 has changed. Mr. Sánchez of Boston moves to amend the bill in Section 4 by asserting after the definition residential host in line 42, the following definition.

If there be no objection, the clerk will dispense with the further reading of the amendment. Question comes on adoption of the amendment. All those in favor, say aye. Opposed, no. The ayes have it. The amendment is adopted. Question now comes on passing the bill to be engrossed. Chair recognizes Ms. Peake of Provincetown.

Thank you, Madam Speaker. And through you to the members, I rise today in support of this bill, House 4314. I would like to thank the speaker for his leadership on this. I would like to thank the gentleman from Boston, the Chair of Ways and Means, the other gentleman from Boston, the Chair of the Financial Services Committee for all of their hard work on this.

Especially the gentleman from the North End who came down to the Cape, as well as traveling out to the Berkshires. But I know came to the Cape for what was a very long hearing. Heard from our collective constituents down there, and gave all due and great consideration to the concerns that were raised. So thank you for that and your willingness to work with our constituents.

I rise in support of this bill because what we're doing today is closing a very large loophole that has developed through the years as the shared economy has grown.

Chair apologizes to the gentle lady at the microphone. For what purpose does the gentleman rise? Gentleman's point is well taken? The chair will remind the members to please-- the gentleman is indicating he is unable to hear. Chair would remind the members to please subdue their conversations, clear the back of the chamber, take your seats. Chair recognizes Ms. Peake of Provincetown.

Thank you, Madam Speaker. And thank you to the gentleman from Worcester. I appreciate that. Thank you. So I rise in support of this bill, because what we're doing today is really closing a very large loophole that over the course of probably the last decade or so has grown larger and larger and larger as we have seen the shared economy grow.

What we have seen is a growth in the ability of people through various rental platforms to be able to offer a spare bedroom, their home, their vacation home, any number of places that they occupy-- their second homes, their condos, their primary residences-- and offer them out and rent them in a very similar way to the way people stay at hotels and motels.

What we've also seen during this time period-- and I say this as somebody who hails from Provincetown and is honored to represent the eight communities of the Outer and Lower Cape-- what we've seen is a real change in the way people are choosing to vacation. The bygone days when you would load the kids into your station wagon, lash the big wheels onto the roof of that station wagon, throw the dog in the back of the car, and go rent a couple of motel rooms side by side with a connecting door and stay anywhere on beautiful Cape Cod for three or four days or maybe a week, that still happens.

But it does not happen to the degree that somebody goes onto the app on their phone-- and some of you may be on those apps right now, dreaming of warm weather as we're here on this cold day, planning your next vacation. They go to the app on their phone and they say, what condominium can I rent? What house can I rent? I think when I'm there with my family, we want to have an extended family over, so let's make sure that we have a place to cook. Let's make sure we have enough bedrooms and a large living room so we can all kind of hang out together. And that is the market that has grown exponentially over the last 10 years.

And what's the difference between the traditional hotel market and that new market that I just described? You go stay in that motel in, let's say, Eastham. And when you check in, you pay your room rate, and you also are asked to contribute a tax of 11.7%. You check into your home rental down a sandy lane at Eastham, and until we're taking this legislation up today, you were not asked to contribute one penny in terms of tax. Yet this was an overnight accommodation you were being offered.

So this bill is closing that very large loophole. And in doing so, what we are really voting on today is a local aid bill. Because regardless of what tier of host you are, what is consistent through all those tiers is that there is a state chair, which I'm sure all of us a couple of Aprils from now are going to be happy to see this flush of new revenue coming in from the state share.

And the second component of the tax is a local share. And the way that is paid, it's paid monthly. It goes up to DOR. And quarterly, dollar received, dollar returned to the community. It is an enhancement to each and every one of our communities where these type of rentals exist. This is new and found money. This is local aid money that will be coming into the general funds of our respective communities.

In addition to closing the loophole and providing local aid, the other great thing that this bill does is we are being proactive in addressing the public safety aspect of this. In all honesty, it's kind of the wild, wild west out there.

I think some of these rentals are just great, and other places that are available for rent, I would venture to guess-- and I think I'm pretty safe in making this guess-- that you might get there-- is there an adequate lock on the door? Is there lighting in the stairwell in case of a power failure? Is there a fire extinguisher in the kitchen or down near the gas boiler? Is there an emergency shutoff for that gas boiler? There may not be. But once this legislation takes effect, there will be, and there will be an inspection process put in place to handle all of those things.

And I don't know about you, but as a legislator, I prefer to be proactive in taking care of public safety and not waiting for the moment when there is some sort of disaster or tragedy that happens. And then in a big rush in the course of a couple of weeks maybe, we name a bill after the poor person who was injured or killed, and we take up legislation at this time. So I congratulate the chair, the two chairs of the committees. I congratulate the speaker for being forward thinking in this way.

And just on a personal note, five of the eight communities that I represent, over the course of the 12 years it's been my honor to serve in this legislature, have either consistently or for a majority of those 12 years sent home rule bills up from town meeting where year after year after year, the majority of voters, sometimes the unanimous vote of town meeting has said, we want to close this loophole. We're starving for this revenue, and we want to address these public safety issues. And today, finally, we're taking this up. It's a joyous day for me, and I ask you all please to join me in supporting House 4314. Thank you.

Yeas and nays having been ordered, they will be called forthwith. Court officers will be please summon the members. Indicate to them that a roll call is in progress and we remain open for four minutes.

Chair would inform the members that the text alerts for the roll call are not working. So if any of your colleagues are unaware that we are voting, please make sure everybody knows that we are in the process of voting.

Have all members voted who wished to do so?

Have all members voted who wish to do so? The clerk will make an announcement.

The voting stations for representatives O'Connell, Chris Walsh, and Donato are locked.

Have all members voted who wish to do so? Time for voting has expired. Clerk will display the tally. In this matter, 117 have voted in the affirmative, 30 in the negative. The bill is passed to be engrossed. House will be in a brief recess.

The chair will inform the members that the chair does not anticipate any further roll calls. House will be in a brief recess. Chair has been informed that House number 4302 has been released by the Committee of Bills in third reading. Mr. Cahill of Lynn moves suspension of the rules. All those in favor, say aye. Opposed, no. The ayes have it. The rules are suspended. Third reading of the bill.

An act relative to the financial condition of the city of Lynn, House number 4302.

Question comes on passing the bill to be engrossed, pending which Mr. Cahill of Lynn offers an amendment in the hands of the clerk. The clerk will read the amendment.

Mr. Cahill of Lynn moves to amend the bill by substitution of a bill with the same title, House number 4325.

Question comes on adoption of the amendment. All those in favor, say aye. Opposed, no. The ayes have it. The amendment is adopted. Question now comes on passing the bill to be engrossed. All those in favor, say aye. Opposed, no. The ayes have it. The bill is passed to be engrossed. The House will be in a brief recess.

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Chair recognizes Mr. Goldstein-Rose of Amherst. Mr. Goldstein-Rose of Amherst asks unanimous consent to be recorded on the previous roll call. Does the chair hear objection? Chair hears none.

Roll call number 318. Solomon Goldstein-Rose, yes. Mr. DeLeo of Winthrop offers an order in the hands of the clerk. The clerk will read the order.

Order that when the House adjourns today, it adjourn to meet on Monday next at 11:00 AM.

Well, a question comes on that motion. All those in favor, say aye. Opposed, no. The ayes have it. The motion is adopted. Mr. Day of Stoneham moves that when the House adjourns today, it does so in respect to the memory of Paul E. Means, a member of the House from Stoneham from 1975 to 1978 inclusive.

Question comes on that motion. All those in favor, say aye. Opposed, no. The ayes have it. The motion is adopted. Ms. Cronin of Brockton moves that the House now stands adjourned. All those in favor, say aye. Opposed, no. The ayes have it. The house now stands adjourned to meet Monday next at 11:00 AM in an informal session.

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