Session DetailsFormal House Session 40

[MUSIC PLAYING]

Ms. Haddad of Somerset notes the presence of a quorum. The chair can ascertain that a quorum is not present. Court officers will summons the members and tell them that a roll call is in progress. Quorum roll call is in progress and will remain open for three minutes.

Ms. Haddad of Somerset asks unanimous consent to withdraw her requests for roll call vote. The chair objection. The chair has none. Communication from the Secretary of the Commonwealth.

Commonwealth of Massachusetts, Secretary of the Commonwealth, State House Boston, April 11, 2018 to the honorable House. I have the honor to lay before you the returns of votes cast of the special election held in this Commonwealth on the third day of April 2018, for representative in general court, Second Bristol District, together with the schedule showing the number of ballots which appear to have been cast for each person voted for.

These returns have been duly canvassed by the governor and council, and are now transmitted for examination by the House of Representatives as required by the Constitution. Very truly yours, William Francis Galvin, Secretary of the Commonwealth.

There be no object to the communication to be placed on file. Ms. Vincent of Revere offers an honor that the clerk will read.

Order that a special committee of the House be appointed to wait upon His Excellency, the governor, and inform him that Representative Elect James K. Hawkins of the Second Bristol District is assembled and the Chamber of the House of Representatives is ready to take the oaths and affirmation of qualification.

Question comes on adoption of the order. All those in favor say aye. Opposed, no. The ayes have it. The order is adopted. The chair will appoint the following representatives. Ms. Ferrante of Gloucester, Ms. Poirier of North Attleborough, Mr. Schmid of Westport, Mr. Nangle of Lowell, Mr. Mirra of West Newbury, Mr. Mahoney of Worcester, Mr. Ultrino of Malden, Ms. Tyler of Boston, Mr. Vieira of Falmouth, Mr. Williams of Springfield, and Mr. Zlotnik of Gardner.

Who was number one?

[INAUDIBLE].

[INAUDIBLE].

House will be in a brief recess. Members will please form in the well of the House and please inform the governor that we are awaiting his presence for the purpose of swearing in a new member.

[APPLAUSE]

Chair would like to recognize to the right of the rostrum the members and coaches of the Coyle and Cassidy High School Girls Basketball Team who won the Massachusetts Division IV State Championship. They are coached by Michael O'Brien, Tim [? Mosha, ?] Bob Casey, and Kate Lapierre.

They are guests of Representatives Haddad, Demilia, Barrows, Gifford, O'Connell, Orral, Kafka, Galvin, Howard, and [? Kolker. ?] Please welcome the ladies of the Coyle and Cassidy High School Division IV State Champions.

[APPLAUSE AND CHEERING]

Congratulations, ladies. [INAUDIBLE]. Chair would also like to recognize former member of this House. Please acknowledge our former good friend. Bill Bowles is here today.

[APPLAUSE]

Chair recognizes the sergeant at arms. Please admit the honorable committee of the House.

[APPLAUSE]

[WHISTLING]

Chair recognizes the chair of the honorable committee of the House. Chair recognizes the extreme effectiveness of this honorable committee, and thanks you for your extremely hard work. And now you may be discharged. Thank you very, very much.

Chair recognizes the sergeant at arms. Please admit His Excellency, Governor Charles Baker and the members of the Executive Council.

[APPLAUSE]

Members will please take their seats.

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Members will please take their seats and subdue their conversations. Chair would like to recognize our friend and colleague, His Excellency Governor Charles Baker.

[APPLAUSE]

Thank you very much, Mr. Speaker. I'm here to conduct one of the most enjoyable aspects of this job, which is an opportunity to swear in someone who has run for office and successfully been duly elected by their constituents to represent their interests and to serve in this historic body. Representative Hawkins. It's really easy. All you've got to do is repeat after me.

I don't have to memorize.

I, state your name.

I--

Raise your right hand.

Sorry.

[LAUGHTER]

It's not official otherwise. Raise your right hand. Thank you.

I, state your name--

I, James Hawkins--

--do solemnly swear--

--do solemnly swear--

--that I will bear true faith and allegiance--

--that I will bear true faith and allegiance--

--to the Commonwealth of Massachusetts--

--to the Commonwealth of Massachusetts--

--and will support the Constitution thereof--

--and will support the Constitution thereof--

--so help me God.

--so help me God.

I, state your name--

--I, James Hawkins--

--do solemnly swear and affirm--

--do solemnly swear and affirm--

--that I will faithfully and impartially--

--that I will faithfully and impartially--

--discharge and perform--

--discharge and perform--

--all the duties incumbent on me--

--all the duties incumbent on me--

--as a member of the Massachusetts House of Representatives--

--as a member of the Massachusetts House of Representatives--

--according to the best of my abilities and understanding--

--according to the best of my abilities and understanding--

--agreeably--

--agreeably--

--to the rules and regulations of the Constitution--

--to the rules and obligations of the Constitution--

--and the laws of this Commonwealth--

--and the laws of this Commonwealth--

--so help me God.

--so help me God.

I, state your name--

I, James Hawkins--

--do solemnly swear--

--do solemnly swear--

--that I will support the Constitution of the United States.

--that I will support the Constitution of the United States.

Congratulations.

[APPLAUSE AND YELLING]

Chair would ask the sergeant at arms to please escort His Excellency Charles Baker and the honorable members of the Executive Council from the chamber and thank them for their service here today.

[APPLAUSE]

Members are please asked to take their seats and subdue their conversations.

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Court officers are please asked to clear the aisles. Members are please asked to take their seats and subdue their conversations.

[BANGING GAVEL]

Chair recognizes Representative Hawkins of Attleborough.

[APPLAUSE]

Governor Baker, Speaker DeLeo, and members of the House, I'm honored to be sworn in today to the House of Representatives. I owe endless thanks to Dave and Tara, to Michael, Gretchen, Ty, Bill and Ellen, Paul, Jeremy, and to so many who worked tirelessly to get me here in the special election.

This happened so fast, and I'm pretty excited to introduce myself. The fun stuff first. I have finished 12 Iron Man triathlons. That's a two-and-a-half-mile swim, 112-mile bicycle, and a 26-mile run. My goal is to finish in the top five in the 70 to 74 age group at Lake Placid next year.

[APPLAUSE]

I got hit by a car a few years ago, and I couldn't run, so I got a NASCAR license, and I race Saturday nights at Seekonk Speedway. My early career included owning a gas station and managing a family-owned group of auto parts stores. I taught small business management at Roger Williams University, and for years, I brought food to the homeless in Providence.

A sort of mid-life crisis at 50, I became a high school math teacher. I became the Senate District Coordinator for the Mass Teachers Association and advocated for the many needs of our public schools. I also founded the Rome Boulevard Road Race, and I was able to make significant donations to the high school to pay for sports user fees for kids who could not otherwise afford them.

I came here with the hope that I could be the voice for public education, fairness for people who are less fortunate, economic justice for working people and small business, and for the environment. I look forward to this work, and I'm so grateful to be here.

[APPLAUSE]

Chair congratulates gentleman on his remarks. And just to inform him, I too look forward to that Iron Man competition as well.

[LAUGHTER]

I guess we're going to be in competition that day. Court officer will please escort Representative Hawkins to seat number 46 in the Third Division.

[CHEERING AND APPLAUSE]

House will stand in a brief recess.

Mr. Strauss of Mattapoisett moves suspension of Rule 47 in order to take up calendar item 326 on page 22, House number 4152. Question comes on that motion. All those in favor, say aye. Opposed, no. The ayes have it. Rule 47 is suspended. Third reading of the bill.

An act designating certain bridges in the city known as the town of Barnstable as the First Responders Appreciation Overpasses.

Question 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.

Mr. Zlotnik of Gardner asks suspension of Rule 47 in order to take up calendar item 364 on page 25, House number 4037. Question comes on suspending Rule 47. All those in favor, say aye. Opposed, no. The ayes have it. Rule 47 is suspended. Question comes on concurring with the Senate on its amendment pending, which Mr. Zlotnik offers a further amendment, which the clerk will read.

Mr. Zlotnik of Gardner moves that the House concur with the Senate amendment with a further amendment by striking out lines 12 and 13, the words make and vague to the city of Gardner for general medicinal purposes in inserting in place the following words. Shall convey to the Montachusett Veterans Outreach Center Incorporated. And by inserting after the word city in line 53, the words or Montachusett Veterans Outreach Center Incorporated.

Question comes on adoption of the further amendment. All those in favor, say aye. Opposed, no. The ayes have it. The further amendment is adopted. Question now comes on concurring with the Senate on its amendment as amended. All those in favor, say aye. Opposed, no. The ayes have it. The further amendment is adopted. House will be in a brief recess.

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Mr. Jones of North Reading doubts the presence of a quorum. The chair can ascertain that a quorum is not present. Court officers will summons the members and tell them that a quorum roll call is in progress and will remain open for three minutes.

Under Rule 49, the court officer will vote for Representative Miceli of Wilmington. On behalf of State Representative Mom, the chair would like to wish everyone a very happy Cambodian New Year.

[APPLAUSE]

Has everyone voted who wished to do so? Clerk will make an announcement.

The voting stations for Representatives Hunt of Sandwich and Walsh of Framingham are locked. Members will please take their seats and subdue their conversations.

[BANGING GAVEL]

Have all members voted who wished to do so? Have all members voted? Should they be facing the audience maybe? Members, please take their seats and subdue their conversations.

Today I have to say is a very proud day for me as a graduate of Northeastern University--

[APPLAUSE AND CHEERING]

And I actually have waited a long time to do this, and I wanted to take my very first opportunity to do this. But we have some very special guests here today from Northeastern. We have both the men's and the women's hockey teams with us today. And there is a reason why we have that.

As all of you know, a lot of great things are going on at Northeastern, first of all academically. Under President Aoun, the school is now considered as one of the top schools not only in the nation, but I think worldwide as well.

But this past winter, a couple of things happened, I think, that are very worthy of note. We had our two-- both the men's and the women's hockey teams won significant awards and trophies, which I now would like to present to you. First of all, we have the women's hockey team at Northeastern--

[APPLAUSE AND CHEERING]

--who became the Hockey East champions. Congratulations, ladies.

[APPLAUSE AND CHEERING]

As a matter of fact, they follow in a tradition of success at Northeastern. As a matter of fact, one of the United States Olympians, a lady by name of Kendall Coyne, played in this year's gold-winning hockey team, the US Olympic Women's Hockey Team, which won the gold medal.

[APPLAUSE]

So I want to sincerely congratulate coach Dave Flint, who's with us here today--

[APPLAUSE]

--all of his other coaches, staff, and all of the players of the Northeastern University Women's Hockey Team. Congratulations.

[APPLAUSE]

And coach, if I may, on behalf of the Massachusetts House of Representatives, present you with this official citation from the House, a recognition of the women's winning the 2018 Hockey East Championship. Congratulations.

[APPLAUSE]

I don't know if you'd like to show the trophy there. You poor thing. She's been holding this there for a while.

[LAUGHTER]

[INAUDIBLE].

Got to hold it up.

[APPLAUSE AND CHEERING]

I was afraid she was going to ask me to hold it up. We are also very fortunate to have with us this year the men's hockey team, the 2018 Beanpot championship team.

[APPLAUSE AND CHEERING]

This was obviously a very special team, being the first Beanpot championship back to Northeastern for 30 years.

[APPLAUSE]

In addition to that, though, what was also great for this team was they were one of only 12 teams in the entire country to be selected to play in the NCAA Division I Men's Hockey tournament. Congratulations on that.

[APPLAUSE]

They had the highest scoring line-- I hope I'm right on that one-- in the country in Nolan Stevens, Dylan Sikura, and Adam Gaudette. And Adam Gaudette, in addition to that, was just selected as the Hobey Baker Award winner as the best college hockey player in the country.

[APPLAUSE]

By the way, again if I am correct, I believe that all three of these players have since signed professional contract, and now will be playing in the National Hockey League.

[APPLAUSE]

But one thing I would like to say, I know much of the publicity or much of my discussion has been around those particular players. But I would also like to say that you don't get the success of winning a Beanpot, you don't get the success of going to the NCAA tournament unless you have a complete hockey team, with everyone doing everything they can to bring success.

So not only is it the one line, it's every single member of this hockey team that I think made you the success that you were this year. So I want to congratulate each and every one of you.

[APPLAUSE]

And i now would also like to also congratulate the coach who I believe is a Milton guy?

Yeah.

Well, someone's got to live somewhere, I guess. OK.

[LAUGHTER]

Everyone can't be from Winthrop, you know what I mean? Coach Jim Madigan. A great guy, by the way.

[APPLAUSE]

I'd like to congratulate him, all of his coaches, staff. And again, all of the players. And with that, I'd like to present to you Coach Madigan, again on behalf of the Massachusetts House of Representatives, a citation congratulating the Northeastern Huskies on winning the 2018 Beanpot championships. Congratulations.

[APPLAUSE]

Hey, can we send them over there?

[INAUDIBLE] taking a picture.

Where's that?

Lift it up?

Oh. You got the trophy?

Right behind you. Right behind you on your left.

Yeah. I mean the lady. Coach, you want to get in?

[APPLAUSE]

[INAUDIBLE] the members' lounge?

Speaker, Northeastern caucus.

Oh, OK. We're going to bring you all to the members' lounge.

Members lounges'

Any member who'd like to say hi to some of the players and coaches will now have them in-- be escorted to the members' lounge. Thank you very much for your attention. The House will be in a brief recess.

Have all members voted who wish to do so? Have all members voted? I'll see you in there. Time for voting has expired. The clerk will display the tally. There being 150 members present, a quorum is present.

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Committee on rules reports under the provisions of House Rules 7B and 7C that the order relative to special procedures for consideration of the House bill making appropriations for the fiscal year 2019 for the maintenance of the departments, board, commissions, instutitions, certain activities of the Commonwealth for [INAUDIBLE] bond requirements and for certain permanent improvements. House number 4400 for order CS number 4399. Committee on rules reports that the order ought to be adopted.

Question now is on adoption of the order. Question how comes on adoption of the order. The chair recognizes Mr. Galvin of Canton.

Thank you, Mr. Speaker, to you and to the membership. This budget order is very similar to previous years. And basically, it contains amendments must be filed electronically and are due no later than 5 o'clock on April 13. The clerk will notify sponsors with an electronic receipt of their amendment after it is filed, along with the amendment number.

All revenue amendments shall be taken up prior to third reading of the bill. No proposition on a subject different from the amendment under consideration shall be admitted as a further amendment. Any amendment may be removed from a consolidated amendment by the amendment's primary sponsor prior to any action being taken on the consolidated amendment. Consolidated amendments must contain the item's total expenditure.

Any amendment dealing with the Cannabis Commission or the sale, taxation, or consumption of marijuana will be ruled out of order. Any amendment that does not comply with the provisions will be considered withdrawn. Mr. Speaker, I would ask that this ought to be approved and a vote be taken by the yeas and nays.

Mr. Galvin moves when the matter is taken, be taken by a call of the yeas and nays. Those joining with them will rise. The monitors will return the count. First division, 16. Sufficient number having arisen, the roll call machine is now open. No, chair is in error. Question now is under adoption of the order, pending which Mr. McKenna of Webster offers an amendment in the hands of the clerk. Clerk will read the amendment.

Amendment number one. Mr. McKenna of Holden moves to amend the order by inserting the following sentence after line 39. Ordered that members shall have a minimum of two hours to review consolidated amendments prior to voting on the amendment, and be it further.

Question comes on the adoption of the amendment. Chair recognizes Mr. McKenna of Webster.

Thank you, Mr. Speaker, and through you to the members. I rise in support of amendment 1. This is an amendment that makes sure that we have enough time to do our proper job when we consider the amendment. Filing the amendment's one of our main jobs as legislators, and it's a $41 billion job. And these consolidated amendments that we get have many, many items. Often 20, 30, 40, 50 items. And that has significant impact on every one of our districts.

So it's only right that we have an appropriate amount of time to give these items the proper consideration that they deserve for all of our constituencies, so I would urge your support of this amendment. Thank you.

Question now on the amendment. All those in favor, say aye. All those opposed, no. The nos have it. The amendment is not adopted. Question now is on adoption of the order pending which Mr. McKenna of Webster--

[INAUDIBLE]

[LAUGH]

Offers an--

[LAUGH]

--offers and amendment in the hands of the clerk. Clerk will read the amendment.

Amendment number 2. Mr. McKenna of Webster moves to amend the order by inserting the following sentence after line 39 in order that no [INAUDIBLE] amendment may include items from more than one subject area, and be it further.

Question on the amendment. Chair recognizes Mr. McKenna of Webster.

Thank you, Mr. Speaker, again, and through you to the members. This is an amendment, again, for transparency and good government for all of our constituents. These consolidated amendments, as I had mentioned, are incredibly complicated and require our due diligence. It is my opinion that it is only right that each consolidated amendment should include one subject matter for our consideration, and we should vote on each subject matter independently, so I would urge support of this amendment. Thank you.

Question is on the amendment. All those in favor, say aye. All those opposed, nay. The nos have it. The amendment is not adopted.

Jones.

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

Amendment number 3. Mr. Jones of North Reading and other members of the House move to amend the order by striking out the words in line 4, Friday, April 13, 2018, and insert an place the words Tuesday, April 17, 2018.

Question is on the amendment. The chair recognizes Mr. Jones of North Reading.

Thank you, Mr. Speaker, and through you to the members. As we know, the budget is perhaps the single biggest document and issue that we take up in any given year.

[BANGING GAVEL]

Chair apologizes to the gentleman at the microphone. Chair will respectfully ask the members to please subdue their conversations. Chair recognizes Mr. Jones of North Reading.

Thank you, Mr. Speaker, and through you to the members. And as I was saying, we all know that in any given year, the budget is the single biggest issue that we take up. And obviously, it's been a process for many weeks and months now, arriving at the House Ways and Means recommendation. And members only have a very short amount of time. So essentially, this amendment would take the time between today and the beginning of a debate on Monday the 23rd and split it so that the members have half that time to file amendments, and then essentially the staff have half that time to categorize and analyze those amendments to make recommendations to the chair and to the leadership.

So I think this is a reasonable approach to balancing the time and giving the members the opportunity not only to understand what's in the document, to meet with interested parties, and to craft their amendments so that we can have a thorough and open and frank debate when we start debate on the Monday after school vacation. Thank you, Mr. Speaker. I hope the amendment's adopted.

Question now in the amendment. All those in favor, say aye. All those opposed, no. The nos have it. The amendment is not adopted. Question now comes on adoption of the order. Rule-- Question now is on adoption of the order. Roll call have been ordered. The roll call machine is now open, remain open for three minutes. Court officers summon the members. Indicate a roll call is in progress.

[BANGING GAVEL]

Chair will announce to the members that it anticipates no further roll calls this afternoon. But please vote now. Once again, the chair will inform the members that it anticipates no further roll calls this afternoon. Have all members voted who wished to do so?

No.

Has all members voted who wish to do so? All members voted who wish to do so? Have all members voted? Time for voting has expired. The clerk will display the tally. On this matter, 118 members voted in the affirmative, 33 in the negative. The order is adopted. [INAUDIBLE] committee.

Committee on Ways and Means to whom was referred, the message from His Excellency the governor, submitting the annual budget of the Commonwealth for the fiscal year beginning July 1, 2018, House number 2.

Reports are in part recommending that the accompanying bill, an act making appropriations for the fiscal year 2019 for the maintenance of the departments, boards, commissions, institutions, and certain other activities of the Commonwealth for interest seeking fund and serial bond requirements and for certain permanent improvements House number 4400 ought to pass. Total appropriation, $40,983,440,827. The Committee on Steering, Policy, and Scheduling reports recommending that the matter be scheduled for consideration by the House in accordance with the order House number 4399 for Monday, April 23.

Mr. Sanchez of Boston moves suspension of the rules. All those in favor, say aye. All those opposed, nay. The ayes have it. Rules are suspended.

Rules are suspended.

[INAUDIBLE].

OK.

House will be in a brief recess. Following engrossed bill, having been rightly [INAUDIBLE] prepared, is now before the House final passage. House 4162, an act providing for the appointment of a tax treasurer collector in the town of Stockbridge. Question now is on passing the bill to be enacted. All those in favor, say aye. All those opposed, nay. The ayes have it. The bill is passed to be enacted.

[GAVEL BANG]

[INAUDIBLE] committee.

Ms. Dykema, on the last roll [INAUDIBLE] names consent to be recorded. Chair hear objection? The chair hears none.

On the roll call number 325, Carolyn Dykema. Yes?

Ms. [? Meyer ?] of Boston asked advance consent to be recorded. Does chair hear objection? Chair hears none.

Roll call number 325. Elizabeth Malya. Yes?

[INAUDIBLE] committee.

Committee on rules and the committees on rules of the two branches acting [INAUDIBLE] reports recommending that [INAUDIBLE] be suspended on a petition of Stephan Hay and Dean A. Tran for legislation to establish a sick leave bank for Stephanie Perez, an employee of the trial court to the Committee on the Judiciary.

Mr. Hay of Fitchburg moves suspension of the rules. All those in favor, say aye. All those opposed, nay. The ayes have it. Rules are suspended. Question now is on suspension of Joint Rule 12. All those in favor, say aye. All those opposed, nay. The ayes have it. Joint Rule 12 is suspended.

[BANGING GAVEL]

Chair would like to ask that Mr. Driscoll of Milton asks that we begin a silent prayer. A silent prayer. Members are asked to please stand. We begin today's session on a somber note as we mourn the loss of Daniel M. Drew Jr., age 68 of Milton.

Born in Boston, he was raised in Dorchester and graduated from Boston English High School and Northeastern. Daniel was a dedicated public service during his distinguished career with the Boston Police Department. He served several units, including the Boston Harbor Patrol and Special Operations before retiring in 2008.

His sudden passing comes as a great blow to the Commonwealth. His family, friends, and neighbors, we send our deepest condolences to his wife, Brenda, and children Sarah and Emma and their extended family.

[GAVEL BANG]

Mr. [INAUDIBLE] clerk. Clerk read the order.

Order that when the House adjourns today, it adjourn to meet tomorrow at 11 o'clock AM.

Question now is on adoption of the order. All those in favor, say aye. All those opposed, nay. The ayes have it. The order is adopted. Mr. Hill of Ipswich now move that the House stand adjourned. All those in favor, say aye. All those opposed, nay. The ayes have it. House stands adjourned to meet tomorrow, Thursday, 11:00 AM in an informal session.

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