State of Rhode Island and Providence Plantations
JOURNAL
-OF THE-
HOUSE OF REPRESENTATIVES

JANUARY SESSION of the General Assembly begun and held at the State House in the City of Providence on Tuesday, the second day of January in the year of Our Lord two thousand and one.
Volume 128, No. 50 Tuesday, May 29, 2001 Fiftieth Day


of January in the year of Our Lord two thousand and one. The House of Representatives meets at the State House in Providence, Tuesday, May 29, 2001, and is called to order at 4:27 o'clock P.M., by the Honorable Thomas J. Winfield, Deputy Speaker.

The roll is called and a quorum is declared present with 95 members present and 5 members absent as follows:

PRESENT - 95: Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, 5., Anguilla, Barr, Benson, Bierman, Brien, Callahan, Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Laity, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Rabideau, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

ABSENT - 5: The Honorable Speaker Harwood and Representatives Burlingame, Cambio, Quick, Reilly.

INVOCATION


The Honorable Deputy Speaker presents Representative Crowley, who delivers the Invocation and leads the membership in the Pledge of Allegiance to the Flag.

(For Invocation, see Appendix, this Journal.)


APPROVAL OF RECORD


By unanimous consent, the House Journal of Wednesday, May 23, 2001, is approved as printed.

ANNOUNCEMENT


Representative Cambio will be unable to attend session today, May 29, 2001.



GUESTS


Representative Winfield welcomes to the House Chambers as guests the Smithfield High School JV Girls Softball Team Champions, Coach Mark Atkinson, Erica Prairie, Katie Cresci, Shannon Crawford, Renee Cunha, Lindsay Campbell, Renee Godbout, Galison Desnoyers, Megan Caron, Mallory D'Arezzo, Dyana D'Arezzo, Katie Strumolo, Katie Vespia, Andrea Supinski, Jamie Riley and Lauren Ferang. Not present Kristen Connell, Michaela Grant and Nicole Pissano.


COMMUNICATION FROM THE SENATE


A message from the Honorable Senate transmits with announcement of passage, of the following measures:

(01-S 963) An Act relating to solemnization of marriages.

Representative Cicilline requests unanimous consent for immediate consideration.

There is no objection.

Read and passed in concurrence, on motion of Representative Cicilline, seconded by Representative McNamara, on a roll call vote, 84 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 84: Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, Callahan, Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Lewiss, Lima, Lowe, Maher, Malik, McCauley, McNamara, Menard, Montanaro, Moran, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Pisaturo, Rose, San Bento, Savage, Schadone, Scoff, Shanley, Shavers, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Watson, Williams, Williamson, Winfield.

NAYS -O.

(01-S 694) An Act relating to state affairs and government tourism and development.

Read and referred to the Committee on Special Legislation.

(01-S 828) (Substitute "A") An Act relating to cities and towns - general powers.

Read and referred to the Committee on Corporations.

REPORTS OF COMMITTEES

TRANSFER OF BILLS


Representative Flaherty, for the Committee on Judiciary, reports back the following measure, with recommendation of transfer to the Committee on Finance:

(01-H 6316) An Act relating to lead poisoning elimination.

Received and referred to the Committee on Finance.

COMMITTEE ON JUDICIARY


Representative Flaherty, for the Committee on Judiciary, reports back the following measures, with recommendation of passage in concurrence:

(01-S 193) (Substitute "A") An Act relating to courts and civil procedure - procedure generally causes of action.

Received and ordered to be placed on the Calendar.

(01-S 328) An Act relating to traffic tribunal.

Received and ordered to be placed on the Calendar.

(01-S 392) An Act relating to state affairs and government- corrections department.

Received and ordered to be placed on the Calendar.

(01-S 623) An Act relating to jury selection.

Received and ordered to be placed on the Calendar.

(01-S 625) An Act relating to criminal procedure - indictments, informations and complaints.

Received and ordered to be placed on the Calendar.

COMMITTEE ON SPECIAL LEGISLATION


Representative Coderre, for the Committee on Special Legislation, reports back the following measures, with recommendation of passage in concurrence:

(01-S 123) An Act relating to holidays and days of special observance.

Received and ordered to be placed on the Calendar.

(01-S 182) Joint Resolution relating to personal watercraft regulations.

Received and ordered to be placed on the Calendar.


NEW BUSINESS


Representative W.J. Murphy introduces (01-H 6457) An Act relating to the Department of Corrections.

Read and referred to the Committee on Judiciary.

Representatives Faria, Malik, S. Anderson, Montanaro and McCauley introduce (01-H 6458) An Act relating to labor and labor relations- workers' compensation - benefits.

Read and referred to the Committee on Labor.

Representative Hetherington introduces (01-H 6459) An Act to vacate the forfeiture or revocation of the charter of the Port of Edgewood Ltd.

Read and referred to the Committee on Corporations.

Representatives Fox and Carter introduce (01-H 6460) An Act relating to nurses.

Read and referred to the Committee on Finance.

Representative Winfield introduces (01-H 6461) An Act relating to solemnization of marriages.

Representative Winfield requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Winfield, seconded by the entire House of Representatives, on a roll call vote, 75 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 75: Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anguilla, Barr, Benson, Bierman, Brien, Callahan, Caprio, Carter, Cerra, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lanzi, Lewiss, Lima, Lowe, Maher, Malik, McCauley, McNamara, Menard, Montanaro, Moran, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Picard, Pires, Pisaturo, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Simonian, Slater, Smith, Tejada, Thompson, Trillo, Watson, Williams, Williamson, Winfield.

NAYS -0.

Representatives Anguilla, Gallison, Levesque and Malik introduce (01-H 6462) House Resolution congratulating the Anthony C. Almeida VFW Post 237 on the election of officers for 2001.



Representative Anguilla requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Anguilla, seconded by Representative Iwuc, and by unanimous consent, on a voice vote.

Representatives Martineau, Picard, Munschy, Brien and Menard introduce (01-H 6463) House Resolution honoring the Greater Woonsocket YMCA on the occasion of its 100th Anniversary.

Representative Martineau requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Martineau, seconded by Representative Menard, and by unanimous consent, on a voice vote.

Representative Shanley introduces (01-H 6464) House Resolution congratulating Rhode Island gymnastics coach Charlie Connery for 23 years of distinguished service to the University of Rhode Island.

Representative Shanley requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Shanley, seconded by Representative Benson, and by unanimous consent, on a voice vote.

Representatives Martineau and Watson introduce (01-H 6465) House Resolution extending congratulations.

Representative Martineau requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Martineau, seconded by Representative Watson, and by unanimous consent, on a voice vote.

Representatives Martineau and Watson introduce (01-H 6466) House Resolution extending condolences.

Representative Martineau requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Martineau, seconded by Representative Watson, and by unanimous consent, on a rising vote.


NOTICES OF BILL/RESOLUTION

INTRODUCTION


Representative Levesque gives notice that on the next legislative day he will introduce a measure concerning public finance- state budget.

This notice is given in compliance with House Rule 42.

CHARLES J. LEVESQUE
Representative, District 93

Received and ordered to be placed on file.

Representative Levesque gives notice that on the next legislative day he will introduce a measure concerning Joint Committee on Legislative Services.

This notice is given in compliance with House Rule 42.

CHARLES J. LEVESQUE
Representative, District 93

Received and ordered to be placed on file.

CALENDAR


From the Calendar are taken:

1. (01-H5880) (Substitute "A") An Act relating to criminal offenses - disorderly conduct.

Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".

Representative Ajello moves passage of the act, seconded by Representatives Fox, McCauley, Tejada, Garvey, Hetherington, Moran, Slater, Montanaro, Williams, Shavers, Palangio and Moura.

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on a roll call vote, 57 members voting in the affirmative and 24 members voting in the negative as follows:

YEAS - 57: Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Anderson, M., Anderson, S., Anguilla, Barr, Bierman, Brien, Caprio, Cerra, Cicilline, Coderre, Corvese, Costantino, Crowley, Faria, Fox, Gallison, Garvey, Giannini, Ginaitt, Guthrie, Hetherington, Hogan, Kennedy, Kilmartin, Knickle, Lanzi, Levesque, Lima, Lowe, Maher, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Munschy, Palangio, Palumbo, Picard, Rose, San Bento, Schadone, Shanley, Simonian, Slater, Story, Sullivan, Tejada, Thompson, Vieira, Williams, Winfield.

NAYS - 24: Representatives Amaral, Benson, Callahan, Carter, Coelho, Flaherty, Fleury, George, Gorham, Iwuc, Jacquard, Lewiss, Long, Malik, Mumford, Murphy, W.H., Murphy, W.J., Pisaturo, Savage, Scott, Shavers, Trillo, Watson, Williamson.

2. (01-H5561) An Act relating to public officers and employees- retirement system - teachers.

Committee on Finance recommends passage.

Read, and by unanimous consent ordered to be placed on the Calendar for Thursday, May 31, 2001.



3. (01-H6223 as amended) An Act relating to businesses and professions.

Committee on Labor recommends passage as amended.

Read, and by unanimous consent ordered to be placed on the Calendar for Thursday, May 31, 2001.



4. (01-S 90) (Substitute "A" as amended) Joint Resolution creating a special legislative task force to develop a comprehensive strategy to deal with the threat of school violence.

Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute A as amended in concurrence.

Representative McNamara moves passage of the resolution, seconded by Representative Corvese.

By unanimous consent, Representative Watson, seconded by Representative McNamara, offers the following written motion to amend:

FLOOR AMENDMENT

TO



(01-S 90) (Substitute "A" as amended)


Mr. Speaker:

I hereby move to amend (01-S 90) (Substitute "A" as amended) entitled "JOINT RESOLUTION CREATING A SPECIAL LEGISLATIVE TASK FORCE TO DEVELOP A COMPREHENSIVE STRATEGY TO DEAL WITH THE THREAT OF SCHOOL VIOLENCE," as follows:

(1) On page 1, line 2, by deleting the word and number "thirteen (13)", and inserting in place thereof the word and number "twelve (12)".

(2) On page 1, line 3, by deleting the word and number "three (3)" and inserting in place thereof the word and number "two (2)".

(3) On page 1, line 4, by deleting the word and number "two (2)" and inserting in place thereof the word and number "one (1)".

Respectfully submitted,

ROBERT A. WATSON
Representative, District 43

The motion to amend is read and prevails on a roll call vote, 83 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 83: Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, Callahan, Caprio, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Faria, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Palangio, Palumbo, Picard, Pires, Pisaturo, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Watson, Williams, Williamson, Winfield.

NAYS -O.

The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, on a roll call vote, 84 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 84: Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, Callahan, Caprio, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Faria, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Watson, Williams, Williamson, Winfield.

NAYS -O.

5. (01-S 843) Joint Resolution requesting the Director of the Department of Human Services to conduct a feasibility study of adding smoking cessation therapy as a medicaid benefit.

Committee on Health, Education and Welfare recommends passage in concurrence.

Representative McNamara moves passage of the resolution, seconded by Representatives Corvese, Sullivan and Brien.

Read and passed, in concurrence, on a roll call vote, 84 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 84: Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, Callahan, Caprio, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Rose, Savage, Schadone, Scott, Shanley, Shavers, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Williams, Williamson, Winfield.

NAYS -O.

6. (01-H5463) (Substitute "A") An Act relating to businesses and professions - unsolicited -telephone sales calls.

Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A".

Read, and by unanimous consent ordered to be placed on the bottom of the Calendar as item no. 11A.

7. (99-S583) (Substitute "A") An Act relating to public utilities and carriers - CATV.

Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.

Representative Kennedy moves passage of the act, seconded by Representatives Coelho and Benson.

The bill marked Substitute "A" is read and passed, in concurrence, and the original bill indefinitely postponed, on a roll call vote, 82 members voting in the affirmative and 1 member voting in the negative as follows:

YEAS - 82: Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, Callahan, Caprio, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Lally, Levesque,Lewiss, Lima, Long, Lowe, Maher, Malik, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Rose, Savage, Schadone, Scott, Shanley, Shavers, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Williams, Williamson, Winfield.

NAYS - I: Representative Watson.

8. (01-S 497) An Act relating to motor vehicles - regulation of business practices among motor vehicle dealers.

Committee on Corporations recommends passage in concurrence.

Representative Kennedy moves passage of the act, seconded by Representatives Picard, Coelho, Benson and Shanley.

Read and passed, in concurrence, on a roll call vote, 82 members voting in the affirmative and 1 member voting in the negative as follows:

YEAS - 82: Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, Callahan, Caprio, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Crowley, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Watson, Williams, Williamson, Winfield.

NAYS - 1: Representative Gorham.

9. (99-S139) An Act relating to corporations, associations and partnerships.

Committee on Corporations recommends passage in concurrence.

Representative Kennedy moves passage of the act, seconded by Representatives W.J. Murphy, Benson, Coelho, Slater, Lewiss and Shanley.

Read and passed, in concurrence, on a roll call vote, 85 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 85: Representatives Abdullah-Odiase, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, Callahan, Caprio, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Rose, Savage, Schadone, Scott, Shanley, Shavers, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Watson, Williams, Williamson, Winfield.

NAYS -0.

10. (01-S 487 as amended) An Act relating to fire safety - inspection fees.

Committee on Corporations recommends passage as amended in concurrence.

Representative Kennedy moves passage of the act, seconded by Representatives Slater, Montanaro, Shanley and Coelho.

Read and passed, as amended, in concurrence, on a roll call vote, 76 members voting in the affirmative and 11 members voting in the negative as follows:

YEAS - 76: Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, Caprio, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Faria, Flaherty, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Guthrie, Hetherington, Hogan, Iwuc, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lima, Long, Lowe, Maher, Malik, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Rabideau, Rose, San Bento, Schadone, Scott, Shanley, Shavers, Slater, Smith, Sullivan, Tejada, Thompson, Trillo, Vieira, Williams, Winfield.

NAYS - II: Representatives Callahan, Fleury, Gorham, Jacquard, Lewiss, Mumford, Savage, Simonian, Story, Watson, Williamson.

11. (01-H 6412) House Resolution approving the issuance of refunding bonds by the Rhode Island Water Resources Board, Corporate.

Committee on Finance recommends passage.

Representative Pires moves passage of the resolution, seconded by Representatives Fox, Carter, George, Cicilline, Malik, Coelho, Rose and Costantino.

Read and passed, on a roll call vote, 90 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 90: Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, Callahan, Caprio, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy,W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Rabideau, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Watson, Williams, Williamson, Winfield.

NAYS -0.

11A. (01-H 5463) (Substitute "A") An Act relating to businesses and professions - unsolicited - telephone sales calls.

Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A".

Representative Knickle moves passage of the act, seconded by Representative McNamara.

By unanimous consent, Representative Knickle, seconded by Representative McNamara, offers the following written motion to amend:

FLOOR AMENDMENT

TO



(01-H 5463) (Substitute "A")


Mr. Speaker:

I hereby move to amend (01-H 5463) (Substitute "A") entitled "AN ACT RELATING TO UNSOLICITED TELEPHONE SALES CALLS," as follows:

(1) On page 4, between lines 16 and 17, by adding the words "(e) The exemptions contained in section (d)(4)(i) and (ii) shall apply only if the telephone call is made between 9:00 a.m. and 6:00 p.m., Monday through Friday, except for holidays."

Respectfully submitted,

H. NORMAN KNICKLE
Representative, District 37

The motion to amend is read and prevails on a roll call vote, 74 members voting in the affirmative and 6 members voting in the negative as follows:

YEAS 74: Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, S., Anguilla, Benson, Brien, Callahan, Cerra, Cicilline, Coelho, Coogan, Corvese, Costantino, Crowley, Flaherty, Fleury, Fox, Gallison, George, Giannini, Ginaitt, Gorham, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, McCauley, Menard, Montanaro, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Rabideau, Rose, Savage, Schadone, Shanley, Shavers, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Voccola, Williams, Williamson, Winfield.

NAYS - 6: Representatives Anderson, M., Caprio, Carter, Faria, Moran, Scott.

Representatives Lima, Knickle, Trillo, Gorham and Pires discuss the act as amended.

Representative Lima requests to vote in sections.

The Chair rules that it can be voted on in sections.

Representative Pires moves to recommit the act, seconded by Representative Watson.

There is no objection.

The act is recommitted, by unanimous consent, on a voice vote.

Read and referred to the Committee on Finance.

TRANSMITTAL


By unanimous consent, all matters on the Clerk's desk are ordered to be transmitted to His Excellency, the Governor, and to the Honorable Senate forthwith.

ANNOUNCEMENTS


Representative George announces that the Committee on Finance will meet today at the rise of the House in Room 35 of the State House.

Also:

Representative Kennedy announces that the Committee on Corporations will meet today at the rise of the House in Room 203 of the State House.

Also:

Representative Moura announces that there be a meeting for the Deputy Majority Leaders at the rise of the House in the conference room upstairs in the State House.

ADJOURNMENT


At 4:56 o'clock P.M. on motion of Representative Barr, and as a further mark of respect to the memory of Edward Sullivan; on motion of Representative Callahan, and as a further mark of respect to the memory of Donald Gibbs; seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION


REPRESENTATIVE PAUL W. CROWLEY


God Bless Senator James Jeffords. Amen.


TRANSMITTED TO THE GOVERNOR


(01-S 139) An Act relating to corporations, associations and partnerships.

(01-S 487 as amended) An Act relating to fire safety - inspection fees.

(01-S 497) An Act relating to motor vehicles -regulation of business practices among motor vehicle dealers.

(01-S 588) (Substitute "A") An Act relating to public utilities and carriers - CATV.

(01-S 968) An Act relating to solemnization of marriages.

Appendix



CALENDAR


In order for Wednesday, May 30, 2001:

1. (01-H5885) (Substitute "A") An Act relating to licensing of nursing home facilities.

Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".

Appendix



CALENDAR


In order for Thursday, May 31, 2001:

1. (01-H5561) An Act relating to public officers and employees- retirement system - teachers. Committee on Finance recommends passage.

2. (01-H6223 as amended) An Act relating to businesses and professions.

Committee on Labor recommends passage as amended.

3. (01-H5598) An Act relating to the courts - traffic tribunal.

Committee on Judiciary recommends passage.

4. (01-H5603) An Act relating to state affairs and government- Department of Attorney General.

Committee on Judiciary recommends passage.

5. (01-H5827) An Act relating to civil procedure - governmental tort liability.

Committee on Finance recommends passage.

6. (01-H6166) (Substitute "A" as amended) An Act relating to waters and navigation -regulation of boats.

Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.

7. (01-S 119) (Substitute "A" as amended) An Act relating to waters and navigation -regulation of boats.

Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A" as amended in concurrence.

8. (01-H6432) An Act relating to the Hopkinton Land Trust.

Committee on Corporations recommends passage.

Appendix



CALENDAR


In order for Tuesday, June 5, 2001:

1. (99-S623) An Act relating to jury selection.

Committee on Judiciary recommends passage in concurrence.

2. (99-S328) An Act relating to traffic tribunal.

Committee on Judiciary recommends passage in concurrence.

3. (99-S625) An Act relating to criminal procedure indictments, informations and complaints.

Committee on Judiciary recommends passage in concurrence.

4. (99-S392) An Act relating to state affairs and government- corrections department.

Committee on Judiciary recommends passage in concurrence.

5. (99-S193) (Substitute "A") An Act relating to courts and civil procedure - procedure generally - causes of action.

Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.

6. (99-S182) Joint Resolution relating to personal watercraft regulations.

Committee on Special Legislation recommends passage in concurrence.

7. (99-S123) An Act relating to holidays and days of special observance.

Committee on Special Legislation recommends passage in concurrence.

LOUIS D'ANTUONO
Clerk of the House

Tuesday, May 29, 2001



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