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 first day of January in the year of Our Lord two thousand and two.
| Volume 129, No.43 |
Wednesday, May 1, 2002 |
Forty-third Day |
The House of Representatives meets at the State House in Providence, Wednesday, May 1, 2002, and is called to order at 4:30 o'clock P.M., by the Honorable Thomas J. Winfield, Deputy Speaker.
The roll is called and a quorum is declared present with 97 members present and 3 members absent as follows:
PRESENT _ 97: Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., 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, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Quick, Rabideau, Reilly, 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 _ 3: The Honorable Speaker Harwood and Representatives Cambio, Murphy, W.J.
INVOCATION
The Honorable Deputy Speaker presents Representative Ginaitt, 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 Tuesday, April 30, 2002, is approved as printed.
RECONSIDERATION
From the Desk is taken:
(02-H 7114 as amended) An Act relating to criminal offenses.
Committee on Judiciary recommends passage as amended.
Representative Montanaro moves to reconsider the act, seconded by Representatives Rabideau, Pisaturo and Lanzi.
There is no objection.
The act is reconsidered, by unanimous consent, on a voice vote.
By unanimous consent, Representative Montanaro, seconded by Representatives Lanzi and Pisaturo, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(02-H 7114 as amended)
Mr. Speaker:
I hereby move to amend (02-H 7114 as amended) entitled ``AN ACT RELATING TO CRIMINAL OFFENSES'' as follows:
On page 2, line 4, by inserting the words ``and its residents for the length of the permit issued'' after the word ``authority.''
Respectfully submitted,
FRANK A. MONTANARO
Representative, District 24
Representative Trillo discusses the amendment.
The motion to amend is read and prevails on a roll call vote, 88 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS _ 88: Representatives Abdullah-Odiase, Aiken, Ajello, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., 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, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, McCauley, McNamara, Menard, Montanaro, Moran, Mumford, Munschy, Murphy, W.H., Naughton, Palangio, Picard, Pires, Pisaturo, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Sherlock, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS _ 0.
The act is read and passed, as amended, on a roll call vote, 86 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS _ 86: Representatives Abdullah-Odiase, Aiken, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Brien, S., Brien, T., 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, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, McCauley, McNamara, Menard, Montanaro, Moran, Mumford, Munschy, Murphy, W.H., Naughton, Palangio, Picard, Pires, Pisaturo, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Sherlock, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS _ 0.
TRANSMITTAL
By unanimous consent, (02-H 7114 as amended) on the Clerk's desk is ordered to be transmitted to His Excellency, the Governor, to the Honorable Secretary of State, and to the Honorable Senate forthwith.
REPORTS OF COMMITTEES
TRANSFER OF BILLS
Representative Flaherty, for the Committee on Judiciary, reports back the following measures, with recommendation of transfer to the Committee on Finance:
(02-H 7433) An Act relating to access to public records.
Received and referred to the Committee on Finance.
(02-H 7429) An Act relating to criminal procedure.
Received and referred to the Committee on Finance.
NEW BUSINESS
Representatives Lewiss, Thompson and Kennedy introduce (02-H 8080) An Act relating to establishing the Westerly Municipal Land Trust.
Read and referred to the Committee on Corporations.
Representative Garvey introduces (02-H 8081) An Act relating to motor and other vehicles _ definitions and general code provisions.
Read and referred to the Committee on Corporations.
Representatives W.H. Murphy, Aiken, Shanley, Schadone and Crowley introduce (02-H 8082) An Act relating to elections.
Read and referred to the Committee on Finance.
Representative Moura introduces (02-H 8083) An Act appropriating Reed Act funds for use by the Department of Labor and Training for administering the Rapid Job Entry Program.
Read and referred to the Committee on Finance.
Representatives Henseler, Giannini, Benson, Shavers and Coderre introduce (02-H 8084) An Act relating to public property and works _ State Capitol Preservation Act.
Read and referred to the Committee on Finance.
Representative Cicilline introduces (02-H 8085) An Act relating to criminal offenses _ weapons.
Read and referred to the Committee on Judiciary.
Representatives W.H. Murphy, Aiken, Shanley, Schadone and Crowley introduce (02-H 8086) An Act relating to elections.
Read and referred to the Committee on Special Legislation.
Representatives Iwuc, McNamara, Munschy, Anguilla and T. Brien introduce (02-H 8087) House Resolution proclaiming May 20-27, 2002 as ``Buckle Up America Week'' in the State of Rhode Island.
Representative Iwuc requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Iwuc, seconded by Representative Picard, and by unanimous consent, on a voice vote.
Representatives Hogan and Winfield introduce (02-H 8088) An Act to vacate the forfeiture or revocation of the charter of the Smithfield Youth Soccer Association.
Representative Hogan requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Hogan, seconded by Representative Menard, 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, Aiken, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Brien, S., Brien, T., Callahan, Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Flaherty, Fleury, Fox, Gallison, George, Giannini, Ginaitt, Gorham, Guthrie, Henseler, 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., Naughton, Palangio, Picard, Pires, Pisaturo, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Sherlock, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Voccola, Watson, Williams, Williamson, Winfield.
NAYS _ 0.
Representatives Cicilline, Lima, Dennigan, Williams and Flaherty introduce (02-H 8089) House Resolution respectfully urging Governor
Lincoln Almond
to release the state employees health insurance records.
Representative Cicilline requests unanimous consent for immediate consideration.
Representatives Quick, Rabideau and Watson object.
Read and referred to the Committee on Judiciary.
Representatives Martineau and Watson introduce (02-H 8090) 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 (02-H 8091) 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.
CALENDAR
From the Calendar are taken:
1. (02-H7107) (Substitute ``A'') An Act relating to motor vehicle theft and motor vehicle insurance fraud reporting _ immunity act.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute ``A''.
Representative Kennedy moves passage of the act, seconded by Representatives Lima, Mumford, Scott and Cerra.
By unanimous consent, Representative Henseler, seconded by Representatives George, Giannini, Benson, Coelho, Cerra, Coderre and Munschy, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(02-H 7107) (Substitute ``A'')
Mr. Speaker:
I hereby move to amend (02-H 7107) (Substitute ``A'') entitled ``AN ACT RELATING TO MOTOR VEHICLE THEFT AND MOTOR VEHICLE INSURANCE FRAUD REPORTING _ IMMUNITY ACT'', as follows:
On page 3, lines 18-20, by deleting all the language in its entirety.
Respectfully submitted,
SUZANNE M. HENSELER
Representative, District 44
The motion to amend is read and prevails on a roll call vote, 87 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS _ 87: Representatives Abdullah-Odiase, Aiken, Ajello, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Brien, S., Brien, T., Callahan, Caprio, Carter, Cerra, Cicilline, Coderre, Coelho, Corvese, Costantino, Crowley, Dennigan, DeSimone, 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., Naughton, Palangio, Picard, Pisaturo, Quick, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Sherlock, Slater, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS _ 0.
Representative Levesque discusses the act.
The bill marked Substitute ``A'' is read and passed, as amended, and the original bill indefinitely postponed, on a roll call vote, 87 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS _ 87: Representatives Abdullah-Odiase, Aiken, Ajello, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Brien, S., Brien, T., Callahan, Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, 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., Naughton, Palangio, Picard, Pisaturo, Quick, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Sherlock, Slater, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS _ 0.
2. (02-H7327) (Substitute ``A'') An Act relating to towns and cities.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute ``A''.
Read, and by unanimous consent ordered to be placed on the Calendar for Thursday, May 2, 2002.
3. (02-H7682 as amended) An Act relating to health and safety _ amusement ride safety.
Committee on Labor recommends passage as amended.
Representative McCauley moves passage of the act, seconded by Representatives S. Anderson, Williams, Malik, Lima, Picard, Benson, Coelho, Palangio, S. Brien and Faria.
Read and passed, as amended, 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, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Brien, S., Brien, T., Callahan, Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, DeSimone, Faria, 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., Naughton, Picard, Pisaturo, Rose, San Bento, Savage, Schadone, Scott, Shanley, Sherlock, Slater, Story, Sullivan, Tejada, Thompson, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS _ 0.
4. (02-H6658) (Substitute ``A'') An Act making revised appropriations for the support of the state for the fiscal year ending June 30, 2002.
Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute ``A''.
Representatives Watson, Montanaro, Moura, Kilmartin and Cicilline discuss the request to place the act on the Calendar.
Read, and by unanimous consent ordered to be placed on the Calendar for Tuesday, May 7, 2002.
AFFIDAVIT
I, William H. Murphy, State
Representative, District 98, hereby under oath, depose and say:
1. I expect to be called upon, in my capacity as State
Representative, to participate in the consideration of, and vote upon: (02-H 6731).
2. I have the following interest in the matter listed under paragraph 1, above:
I am 30% disabled veteran.
3. In compliance with Section 36-14-6(1) & (2)A of the General Laws, I hereby request the Speaker of the House
of Representatives to excuse me from voting on or participating in the consideration of the matter described in paragraph 1, above.
WILLIAM H. MURPHY
Representative District 98
State of Rhode Island
County of Providence
Subscribed and sworn to before me this 1st day of May, A.D. 2002.
DAVID W. DUMAS
Notary Public
Representative W.H. Murphy is excused from voting on or participating in the consideration of the matter described in paragraph 1, above.
THOMAS J. WINFIELD
Deputy Speaker of the House
of Representatives
CALENDAR
5. (02-H6731) An Act relating to disabled American veterans _ educational benefits.
Joint Committee on Veterans' Affairs recommends passage.
Representative Lanzi moves passage of the act, seconded by Representatives S. Brien, Faria, Giannini, Benson, Coelho, Gallison, Lima, Lowe, Picard, Reilly, Vieira, Munschy, Corvese, T. Brien, Moran, Slater, Iwuc, Kennedy, Coderre, Shanley, Hogan, Williams, Pisaturo, Long, Amaral, Savage, Cicilline, Garvey, Sullivan, Cerra, Tejada and San Bento.
Representatives W.H. Murphy, Amaral, Crowley and Lanzi discuss the act.
Read and passed, on a roll call vote, 89 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS _ 89: Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Brien, S., Brien, T., 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, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Naughton, Palangio, Picard, Pires, Pisaturo, Quick, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Sherlock, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Voccola, Watson, Williams, Williamson, Winfield.
NAYS _ 0.
6. (02-H6806) An Act relating to mutual aid agreements.
Committee on Corporations recommends passage.
Read, and by unanimous consent ordered to be placed on the Calendar for Wednesday, May 15, 2002.
7. (02-H7704 as amended) An Act relating to towns and cities _ emergency police power.
Ordered on the Calendar.
Read, and by unanimous consent ordered to be placed on the Calendar for Wednesday, May 15, 2002.
8. (02-H7149) (Substitute ``A'') An Act relating to labor and labor relations _ genetic testing as a condition of employment.
Committee on Labor recommends indefinite postponement of the original bill and passage of Substitute ``A''.
Representative Henseler moves passage of the act, seconded by Representatives Faria, Williams, Crowley, Benson, Coelho, Gallison, Corvese, McNamara, Lima and Giannini.
By unanimous consent, Representative Henseler, seconded by Representative Faria, Williams, Crowley, Benson, Coelho, Gallison, Corvese, McNamara, Lima and Giannini, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(02-H 7149) (Substitute ``A'')
Mr. Speaker:
I hereby move to amend (02-H 7149) (Substitute ``A'') entitled ``AN ACT RELATING TO LABOR AND LABOR RELATIONS _ GENETIC TESTING AS A CONDITION OF EMPLOYMENT'', as follows:
By deleting all of the language following the enactment clause and inserting in place thereof the following:
``SECTION 1. Section 28-6.7-1 of the General Laws in Chapter 28-6.7 entitled ``Genetic Testing as a Condition of Employment'' is hereby amended to read as follows:
28-6.7-1. GENETIC TESTING PROHIBITED. _ (a) No employer, employment agency, or licensing agency shall directly or indirectly:
(1) Request, require or administer a genetic test to any person as a condition of employment or licensure. employee, licensee, or applicant for employment or licensure;
(2) Affect the terms, conditions, or privileges of employment or licensure or terminate the employment or licensure of any person who obtains a genetic test.;
(3) Deny employment or deny an application for an occupational license, or suspend, revoke, or refuse to renew an occupational license; or take any other action affecting the terms, conditions or privileges of employment against an employee or a license holder based directly or indirectly on the refusal of the employee, licensee or applicant for employment or licensure to:
(i) Submit to a genetic test;
(ii) Submit a family health history; or
(iii) Reveal:
(A) whether the employee, applicant or holder has submitted to a genetic test; or
(B) the results of any genetic test to which the employee, applicant or holder has submitted; or
(4) Otherwise use genetic information to adversely affect the employment, licensure, or application for employment or licensure of any individual.
(5) Reveal genetic information about employees, licensees, or applicants.
(b) No person may sell to or interpret for an employer, employment agency, or licensing agency a genetic test of a current or prospective employee or licensee.
SECTION 2. Section 28-6.7-2 of the General Laws in Chapter 28-6.7 entitled ``Genetic Testing as a Condition of Employment'' is hereby repealed.
28-6.7-2. ``GENETIC TESTING'' DEFINED. _ ``Genetic testing'' means a test of a person's genes, gene products, or chromosomes for abnormalities or deficiencies, including carrier status, that are linked to physical or mental disorders or impairments, or that indicate susceptibility to illness, disease, impairment, or other disorders, whether physical or mental, or that demonstrate genetic or chromosomal damage due to environmental factors.
SECTION 3. Chapter 28-6.7 of the General Laws entitled ``Genetic Testing as a Condition of Employment'' is hereby amended by adding thereto the following sections:
28-6.7-2.1. DEFINITIONS. _ For the purposes of this chapter:
(1) ``Employer'' includes the state, and all political subdivisions thereof and any person in this state employing individuals, and any person acting in the interest of any employer directly or indirectly.
(2) ``Employment agency'' includes any person undertaking with or without compensation to procure opportunities to work, or to procure, recruit, refer, or place employees.
(3) ``Genetic information'' means information about genes, gene product, or inherited characteristics that may derive from the individual or a family member.
(4) ``Genetic testing'' means the analysis of an individual's DNA, RNA, chromosomes, proteins and certain metabolites in order to detect heritable disease-related genotypes, mutations, phenotypes or karyotypes for clinical purposes. Such purposes include predicting risk of disease, identifying carriers, establishing prenatal and clinical diagnosis or prognosis, prenatal newborn and carrier screening, as well as testing in high-risk families may be included; provided, however, that there is an appropriate release by a parent or guardian. Tests for metabolites are covered only when they are undertaken with high probability that an access of deficiency of the metabolite indicates the presence of heritable mutations in single genes. ``Genetic testing'' does not mean routine physical measurement, a routine chemical, blood, or urine analysis or a test for drugs or for infections.
(5) ``Licensing agency'' means a state agency or political subdivision that issues an occupational license.
(6) ``Occupational license'' means a license, certificate, registration, permit, or other form of authorization required by law or rule that must be obtained by an individual to engage in a particular business or occupation.
(7) ``Person'' includes one or more individuals, partnerships, associations, organizations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.
(8) ``Political subdivision'' means a municipality, county, or special district or authority. The term includes a school district.
(9) ``State agency'' means a department, board, bureau, commission, committee, division, office, council, or agency of state government.
28-6.7-5. NO WAIVER PERMITTED. _ Any contract or agreement, which purports to waive the provisions of this chapter, is declared null and void as against public policy.
SECTION 4. This act shall take effect upon passage.''
Respectfully submitted,
SUZANNE M. HENSELER
Representative, District 44
The motion to amend is read and prevails on a roll call vote, 86 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS _ 86: Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Brien, S., Brien, T., 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, Lally, Lanzi, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Moran, Moura, Mumford, Munschy, Murphy, W.H., Naughton, Palangio, Picard, Pires, Pisaturo, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Sherlock, Simonian, Slater, Story, Sullivan, Tejada, Trillo, Vieira, Voccola, Wasylyk, Williams, Williamson, Winfield.
NAYS _ 0.
The bill marked Substitute ``A'' is read and passed, as amended, and the original bill indefinitely postponed, 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, Brien, S., Brien, T., 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, Lally, Lanzi, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Naughton, Palangio, Picard, Pires, Pisaturo, Quick, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Sherlock, Simonian, Slater, Story, Sullivan, Tejada, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS _ 0.
CONSENT CALENDAR
From the Consent Calendar is taken:
(02-H 6942) An Act relating to veterans' tax exemption _ Exeter.
Committee on Corporations recommends passage.
Read and passed, on motion of Representative Martineau, seconded by Representative Scott, by unanimous consent, on a voice vote.
REQUEST
Majority Leader Martineau requests to hold (02-H 7420 as amended) on the Desk.
There is no objection.
TRANSMITTAL
By unanimous consent, all matters on the Clerk's desk are ordered to be transmitted to His Excellency, the Governor, to the Honorable Secretary of State, and to the Honorable Senate forthwith, with the exception of (02-H 7420 as amended).
Majority Leader Martineau, with the agreement of the Minority, requests to take up the Calendar for Thursday, May 2, 2002 next.
There is no objection.
CALENDAR
In order for Thursday, May 2, 2002:
1. (02-H7150) An Act relating to labor relations act.
Committee on Labor recommends passage.
Read, and by unanimous consent ordered to be placed on the Calendar for Tuesday, May 7, 2002.
2. (02-H6909) An Act relating to whistleblowers' protection.
Committee on Labor recommends passage.
Representative Flaherty moves passage of the act, seconded by Representatives Lima, Lally, Williams, Moura, Carroll, Benson and Cerra.
Read and passed, on a roll call vote, 82 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS _ 82: Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Brien, S., Brien, T., 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, Lally, Lanzi, Lewiss, Lima, Long, Lowe, Malik, McCauley, McNamara, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Naughton, Picard, Pisaturo, Quick, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Sherlock, Simonian, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS _ 0.
3. (02-H7048) An Act relating to labor and labor relations _ inspection of personnel files.
Committee on Labor recommends passage.
Representative S. Anderson moves passage of the act, seconded by Representative Martineau.
By unanimous consent, Representative S. Anderson, seconded by Representative Long, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(02-H 7048)
Mr. Speaker:
I hereby move to amend (02-H 7048) entitled ``AN ACT RELATING TO LABOR AND LABOR RELATIONS _ INSPECTION OF PERSONNEL FILES'', as follows:
On page 1, line 13, by deleting the word and figure ``five (5)'' and inserting in place thereof the word and figure ``ten (10)''.
Respectfully submitted,
STEVEN J. ANDERSON
Representative, District 42
The motion to amend is read and prevails 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, Brien, S., Brien, T., Callahan, Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Dennigan, DeSimone, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Lally, Lanzi, Lewiss, Lima, Long, Lowe, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Naughton, Palangio, Picard, Pisaturo, Quick, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Simonian, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS _ 0.
Representatives Amaral, S. Anderson and Gorham discuss the act.
Read and passed, as amended, 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, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Brien, S., Brien, T., 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, Lally, Lanzi, Lewiss, Lima, Long, Lowe, Malik, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Naughton, Palangio, Picard, Pisaturo, Quick, Reilly, Rose, San Bento, Savage, Schadone, Sherlock, Simonian, Slater, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS _ 0.
4. (02-H7828) (Substitute ``A'' as amended) An Act relating to adjudication of traffic offenses.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute ``A'' as amended.
Read, and by unanimous consent ordered to be placed on the Calendar for Wednesday, May 8, 2002.
5. (02-H7307) An Act relating to health and safety _ durable power of attorney for health care.
Committee on Health, Education and Welfare recommends passage.
Representative Ginaitt moves passage of the act, seconded by Representatives Dennigan, Lima, Benson and Ajello.
By unanimous consent, Representative Ginaitt, seconded by Representatives Benson and George, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(02-H 7307)
Mr. Speaker:
I hereby move to amend (02-H 7307) entitled ``AN ACT RELATING TO HEALTH AND SAFETY _ DURABLE POWER OF ATTORNEY FOR HEALTH CARE'', as follows:
On page 2, on line 25 after the words ``to explain it to you.'' by deleting the sentence ``However, you do not need a lawyer for this power of attorney to be valid.''
Respectfully submitted,
PETER T. GINAITT
Representative, District 33
Representatives Hogan and Ginaitt discuss the amendment.
The motion to amend is read and prevails on a roll call vote, 87 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS _ 87: Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Brien, S., Brien, T., 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, Lally, Lanzi, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Naughton, Palangio, Picard, Pires, Pisaturo, Quick, Reilly, Rose, San Bento, Savage, Schadone, Sherlock, Simonian, Slater, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Winfield.
NAYS _ 0.
Read and passed, as amended, on a roll call vote, 85 members voting in the affirmative and 1 member voting in the negative as follows:
YEAS _ 85: Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Brien, S., Brien, T., 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, Lally, Lanzi, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Naughton, Palangio, Picard, Pires, Pisaturo, Quick, Reilly, Rose, San Bento, Savage, Schadone, Sherlock, Simonian, Slater, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Winfield.
NAYS _ 1: Representative Kilmartin.
6. (02-H7299) An Act relating to health and safety _ pain assessment act.
Committee on Health, Education and Welfare recommends passage.
Representative Ginaitt moves passage of the act, seconded by Representatives Lima, Picard, Dennigan, Cicilline, Cerra and Aiken.
By unanimous consent, Representative Ginaitt, seconded by Representatives Lima, Picard, Dennigan, Cicilline, Cerra and Aiken, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(02-H 7299)
Mr. Speaker:
I hereby move to amend (02-H 7299) entitled ``AN ACT RELATING TO HEALTH AND SAFETY _ PAIN ASSESSMENT ACT'', as follows:
(1) On page 2, line 9, after the word ``schedule'', by deleting the comma (,) and the words ``such as vital signs''.
Respectfully submitted,
PETER T. GINAITT
Representative, District 33
The motion to amend is read and prevails on a roll call vote, 86 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS _ 86: Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Brien, S., Brien, T., Callahan, Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Costantino, Crowley, Dennigan, DeSimone, Faria, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Naughton, Palangio, Picard, Pires, Pisaturo, Quick, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Sherlock, Simonian, Slater, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Wasylyk, Watson, Williams, Winfield.
NAYS _ 0.
Read and passed, as amended, 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, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Brien, S., Brien, T., Callahan, Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Costantino, Crowley, Dennigan, DeSimone, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Naughton, Picard, Pires, Pisaturo, Quick, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Simonian, Slater, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Wasylyk, Watson, Williams, Winfield.
NAYS _ 0.
7. (02-H7216) (Substitute ``A'') An Act relating to assisted living.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute ``A''.
Read, and by unanimous consent ordered to be placed on the Calendar for Thursday, May 2, 2002.
TRANSMITTAL
By unanimous consent, all matters on the Clerk's desk are ordered to be transmitted to His Excellency, the Governor, to the Honorable Secretary of State, and to the Honorable Senate forthwith, with the exception of (02-H 7420 as amended).
ANNOUNCEMENTS
Representative Hetherington announces that the Committee on Health, Education and Welfare will meet today at the rise of the House in Room 135 of the State House.
Also:
Representative Costantino announces that the Committee on Finance will meet today at the rise of the House in Room 35 of the State House.
Also:
Representative Lewiss announces that the Committee on Corporations will meet today at the rise of the House in Room 203 of the State House.
Also:
Majority Leader Martineau announces session will reconvene tomorrow at 5:00 o'clock P.M.
ADJOURNMENT
At 5:25 o'clock P.M. on motion of Representative Reilly, and as a further mark of respect to the memory of Josephine D. Pini; on motion of Representative San Bento, and as a further mark of respect to the memory of Leonildo Rodrigues; on motion of Representative Sullivan, and as a further mark of respect to the memory of Raymond O'Gara; seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.
LINDA McELROY
Recording Clerk
Appendix
INVOCATION
REPRESENTATIVE PETER T. GINAITT
Lord, we ask you to bless us all, but more especially those in our society who are afflicted with illness in any way. Please watch over them and keep them in your loving care. Amen.
Appendix
CALENDAR
In order for Thursday, May 2, 2002:
1. (02-H7327) (Substitute ``A'') An Act relating to towns and cities.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute ``A''.
2. (02-H7216) (Substitute ``A'') An Act relating to assisted living.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute ``A''.
Appendix
CALENDAR
In order for Tuesday, May 7, 2002:
1. (02-H6658) (Substitute ``A'') An Act making revised appropriations for the support of the state for the fiscal year ending June 30, 2002.
Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute ``A''.
2. (02-H7150) An Act relating to labor relations act.
Committee on Labor recommends passage.
3. (02-S2262) An Act relating to military affairs and defense _ extension of veterans' benefits.
Joint Committee on Veterans' Affairs recommends passage in concurrence.
Appendix
CALENDAR
In order for Wednesday, May 8, 2002:
1. (02-H7828) (Substitute ``A'' as amended) An Act relating to adjudication of traffic offenses.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute ``A'' as amended.
Appendix
CALENDAR
In order for Thursday, May 9, 2002:
1. (02-H7718) An Act relating to labor and labor relations _ minimum wages.
Committee on Labor recommends passage.
Appendix
CALENDAR
In order for Wednesday, May 15, 2002:
1. (02-H6806) An Act relating to mutual aid agreements.
Committee on Corporations recommends passage.
2. (02-H7704 as amended) An Act relating to towns and cities _ emergency police power.
Committee on Corporations recommends passage as amended.
LOUIS D'ANTUONO
Clerk of the House
Wednesday, May 1, 2002
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