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 seventh day of January in the year of Our Lord two thousand and three.
| Volume 130, No.47 |
Thursday, May 8, 2003 |
Forty-seventh Day |
The House of Representatives meets at the State House in Providence, Thursday, May 8, 2003, and is called to order at 4:25 o'clock P.M., by the Honorable William J. Murphy, Speaker.
The roll is called and a quorum is declared present with 69 members present and 6 members absent as follows:
PRESENT - 69: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Harwood, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.
ABSENT - 6: Representatives Anderson, Callahan, Faria, Menard, Scott, Shavers.
INVOCATION
The Honorable Speaker presents Representative Laroche, 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 7, 2003, is approved as printed.
APPOINTMENT
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONSHOUSE OF REPRESENTATIVES
May 8, 2003
To the Honorable Secretary of State:
I have the honor to inform you that in accordance with the provisions of Section 41-5.1-1 of the Rhode Island General Laws, I have made the following appointment to the Permanent Advisory Commission on Professional Boxing, Wrestling and Kickboxing:
Representative Brian Coogan
VICE
Rodrego Borgueta
Sincerely,
WILLIAM J. MURPHY
Speaker
Received and ordered to be placed on file.
CONGRATULATIONS
Representative Gallison congratulates Kristen Spencer, Monica De Aguiar and Elise McDonald, for being inducted into the National Honor Society at LaSalle Academy.
GUESTS
The Honorable Speaker congratulates and welcomes to the House Chambers as guests Coventry High School Hockey "Knotty Oakers" Varsity State Champions.
Representative Moffitt presents citations to the team as follows: Jeremy Rogers, Oscar Kjellman, Jared DeResta, Carl Hartman, Artum Yankov, Geoffrey Bouchard, Bradford Inman, Michael Casey, Eugene Yankov, Andrew Lafleur, Thomas Gordon, Cory Manley, Daniel Robinson, Victor DaSilva, Kevin McSweeney, Patrick Fratus, Gregory Mallette, Robert Fraser, Sean O'Connor, Joseph DeMatteo, Coach George Egan, Assistant Coaches Brad Inman, Chris Daigneault, Sean Capizzo, and Manager Raymond Schultheiss.
COMMUNICATION FROM THE SENATE
A message from the Honorable Senate transmits with announcement of passage, of the following measures:
(03-S 1004) An Act relating to taxation - levy and assessment of the local taxes.
Read and referred to the Committee on Corporations.
(03-S 944) An Act relating to establishing the Westerly Municipal Land Trust.
Read and referred to the Committee on Corporations.
(03-S 929) An Act relating to incorporation of the Dunns Corners Fire District.
Read and referred to the Committee on Corporations.
(03-S 1072) An Act authorizing the town of Cumberland to finance the renovation and repair of the public library in the town by the issuance of not more than $400,000 bonds and/or notes therefor.
Read and referred to the Committee on Corporations.
(03-S 1027) An Act authorizing the town of Cumberland to finance road improvements by the issuance of not more than $2,000,000 bonds and/or notes therefor.
Read and referred to the Committee on Corporations.
(03-S 1070) An Act authorizing the town of Cumberland to finance the construction of additions, renovations, improvements, alterations and repairs to the high school in the town and the equipping and furnishing thereof by the issuance of not more than $5,500,000 bonds and/or notes therefor.
Read and referred to the Committee on Corporations.
(03-S 1071) An Act authorizing the town of Cumberland to finance the construction of additions, renovations, improvements, alterations and repairs to public schools and school facilities in the town by the issuance of not more than $3,500,000 bonds and/or notes therefor.
Read and referred to the Committee on Corporations.
(03-S 736) (Substitute "A") An Act relating to businesses and professions - confidentiality of health care communications and information act.
Read and referred to the Committee on Health, Education and Welfare.
(03-S 733) An Act relating to elections - voting districts and officials.
Read and referred to the Committee on Judiciary.
(03-S 706) (Substitute "A") An Act relating to state affairs and government.
Read and referred to the Committee on Judiciary.
(03-S 702) An Act relating to probate practice and procedure - collection and management of decedents' estates.
Read and referred to the Committee on Judiciary.
(03-S 483) (Substitute "A") An Act relating to public property and works - state purchases.
Read and referred to the Committee on Judiciary.
(03-S 480) (Substitute "A") An Act relating to criminal offenses - sexual offender registration and community notification.
Read and referred to the Committee on Judiciary.
REPORT OF COMMITTEE
COMMITTEE ON FINANCE
Representative Sherlock, for the Committee on Finance, reports back the following measure, with recommendation of passage:
(03-H 5745) (Substitute "A") An Act relating to indebtedness of towns and cities - municipal deficits.
Received and ordered to be placed on the Calendar.
NEW BUSINESS
Representatives Fox and Watson introduce (03-H 6426) House Resolution extending congratulations.
Representative Fox requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Fox, seconded by Representative Watson, and by unanimous consent, on a voice vote.
Representatives Fox and Watson introduce (03-H 6427) House Resolution extending congratulations.
Representative Fox requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Fox, seconded by Representative Watson, and by unanimous consent, on a voice vote.
Representatives Fox and Watson introduce (03-H 6428) House Resolution expressing condolences.
Representative Fox requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Fox, seconded by Representative Watson, and by unanimous consent, on a rising vote.
Representative Landroche introduces (03-H 6429) An Act relating to taxation - sales and use taxes.
Read and referred to the Committee on Finance.
Representatives Slater, Williams, Coogan, Ajello and Costantino introduce (03-H 6430) An Act relating to sales tax.
Read and referred to the Committee on Finance.
Representatives Lima, Naughton, Gallison, Moffitt and Wasylyk introduce (03-H 6431) An Act relating to public property and works - acquisition of land.
Read and referred to the Committee on Judiciary.
Representative Kilmartin introduces (03-H 6432) House Resolution amending the Rules of the House of Representatives for the years 2003-2004.
Read and ordered to be placed on the Calendar.
CALENDAR
From the Calendar are taken:
1. (03-H5824) An Act relating to education - compulsory attendance.
Committee on Health, Education and Welfare recommends passage.
Representative Giannini moves passage of the act, seconded by Representatives McNamara, Picard, Lima, Smith, Moura, Savage, Slater, Corvese and Lally.
By unanimous consent, Representative Lima, seconded by Representatives Giannini, Smith, Picard, Naughton, Slater and Mumford, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(03-H 5824)
Mr. Speaker:
I hereby move to amend (03-H 5824) entitled "AN ACT RELATING TO EDUCATION - COMPULSORY ATTENDANCE," as follows:
On page 2, line 13, after the language "enrollment." and before the word "Provided" by adding the language: "If a child under this subsection is habitually truant and no written permission to terminate the child's enrollment is provided by the person having control of the child, the school department shall attempt to contact such person by telephone, mail and by visiting the home of the child and, if unsuccessful, the school department may terminate the child's enrollment."
Respectfully submitted,
CHARLENE LIMA
Representative, District 14
The motion to amend is read and prevails on a roll call vote, 56 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 56: The Honorable Speaker Murphy and Representatives Ajello, Anguilla, Aubin, Benson, Brien, Caprio, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Gallison, Giannini, Ginaitt, Gorham, Handy, Harwood, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Moffitt, Montanaro, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shanley, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Watson, Winfield.
NAYS - 0.
Representatives Watson, Lally, Long and Crowley discuss the act as amended.
Read and passed, as amended, on a roll call vote, 58 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 58: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Gorham, Handy, Harwood, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Malik, McHugh, McManus, McNamara, Moffitt, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shanley, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Winfield.
NAYS - 0.
2. (03-H5349) An Act relating to domestic relations - adoption of children.
Committee on Health, Education and Welfare recommends passage.
Representative Giannini moves passage of the act, seconded by Representatives Handy, Lima, Aubin, Amaral and Moura.
By unanimous consent, Representative Giannini, seconded by Representative Lima, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(03-H 5349)
Mr. Speaker:
I hereby move to amend (03-H 5349) entitled "AN ACT RELATING TO DOMESTIC RELATIONS - ADOPTION OF CHILDREN," as follows:
(1) On page 3, line 7, by deleting the semi-colon ";" and substituting in place thereof a comma ",".
Respectfully submitted,
JOANNE M. GIANNINI
Representative, District 7
The motion to amend is read and prevails on a roll call vote, 49 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 49: The Honorable Speaker Murphy and Representatives Ajello, Anguilla, Aubin, Benson, Carter, Coderre, Coogan, Costantino, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Montanaro, Moura, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shanley, Slater, Story, Tejada, Wasylyk, Williams, Winfield.
NAYS - 0.
Representative Corvese requests the journal to reflect that if he had voted on the amendment, he would have voted in the affirmative.
There is no objection.
Read and passed, as amended, on a roll call vote, 57 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 57: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Carter, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Moffitt, Montanaro, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shanley, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Winfield.
NAYS - 0.
3. (03-H5680) An Act relating to criminal offenses - weapons.
Committee on Judiciary recommends passage.
Read, and by unanimous consent, ordered to be placed on the Calendar for Thursday, May 15, 2003.
4. (03-H5461) An Act relating to businesses and professions - confidentiality of health care communications and information act.
Committee on Health, Education and Welfare recommends passage.
Representative Lewiss moves passage of the act, seconded by Representatives Winfield, Gallison, Giannini and Lally.
By unanimous consent, Representative Lewiss, seconded by Representatives Winfield, Ajello, Carter and Gallison, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(03-H 5461)
Mr. Speaker:
I hereby move to amend (03-H 5461) entitled "AN ACT RELATING TO BUSINESSES AND PROFESSIONS - CONFIDENTIALITY OF HEALTH CARE COMMUNICATIONS AND INFORMATION ACT," as follows:
On page 4, by deleting lines 30 and 31 and inserting in place thereof the following language:
"(24) To a probate court of competent jurisdiction, petitioner, respondent, and/or their attorneys, when the information is contained within a decision-making assessment tool which conforms to the provisions of section 33-15-47."
Respectfully submitted,
PETER L. LEWISS
Representative, District 37
The motion to amend is read and prevails on a roll call vote, 56 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 56: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Carter, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Moffitt, Montanaro, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shanley, Sherlock, Slater, Smith, Tejada, Trillo, Wasylyk, Williams, Winfield.
NAYS - 0.
Read and passed, as amended, on a roll call vote, 55 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 55: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Carter, Coderre, Coogan, Corvese, Crowley, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Malik, McHugh, McManus, McNamara, Moffitt, Montanaro, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shanley, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Winfield.
NAYS - 0.
5. (03-H5919) An Act relating to education - health and safety of pupils.
Committee on Health, Education and Welfare recommends passage.
Representative Giannini moves passage of the act, seconded by Representative Smith.
By unanimous consent, Representative Smith, seconded by Representatives Moura, Lima, Giannini, Tejada, Picard, Aubin, Benson and Slater, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(03-H 5919)
Mr. Speaker:
I hereby move to amend (03-H 5919) entitled "AN ACT RELATING TO EDUCATION - HEALTH AND SAFETY OF PUPILS," as follows:
(1) On page 1, by deleting all language after the enactment clause and inserting the following language:
"SECTION 1. Legislative declaration. The general assembly hereby finds, determines and declares that bullying disrupts a school's ability to educate students and threatens public safety by creating an atmosphere in which such behavior can escalate into violence. The general assembly therefore finds that a policy to create an environment free of bullying shall be part of each school district's safe school plan. All students have a right to work and study in a safe, supportive environment that is free from harassment, intimidation and bullying.
SECTION 2. Chapter 16-21 of the General Laws entitled "Health and Safety of Pupils" is hereby amended by adding thereto the following section:
16-21-26. STUDENT DISCIPLINE CODES. - (1) As used in this section:
(a) "At school" means in a classroom, elsewhere on or immediately adjacent to school premises, on a school bus or other school-related vehicle, at an official school bus stop, or at any school-sponsored activity or event whether or not it is held on school premises.
(b) "Harassment, intimidation or bullying" means any gesture or written, verbal or physical act that a reasonable person under the circumstances should know will have the effect of harming a pupil or damaging his or her property or placing a pupil in reasonable fear or harm to his or her person or damage to his or her property, or that has the effect of insulting or demeaning any pupil or group of pupils in such a way as to disrupt or interfere with the school's educational mission or the education of any pupil. Harassment, intimidation or bullying includes, but is not limited to, such a gesture or written, verbal of physical act that is reasonably perceived as being motivated by a pupil's religion, race, color, national origin, age, sex, sexual orientation, disability, height, weight, affiliations, or socioeconomic status, or by any other distinguishing characteristic.
(2) The board of a school district of a public school shall adopt a policy prohibiting harassment, intimidation, or bullying at school. It is recommended that the policy shall specifically prohibit harassment, intimidation and bullying by students at school and address prevention of an education about such behavior. The policy shall be adopted through a process that includes representation of parents or guardians, school employees, volunteers, pupils, school administrators and community representatives.
(3) Each school district shall adopt the policy under this section and transmit a copy of its policy to the commissioner of elementary and secondary education and director of the department of education by September 1, 2004.
(4) To assist school districts and public schools in developing policies for the prevention of harassment, intimidation of bullying, the department of education shall develop a model policy applicable to grades K-12. This model policy shall be issued no later than December 1, 2003.
(5) A school district shall ensure that notice of the school district's or public school's policy under this section is included in any publication of the school district or public school policy that sets forth the comprehensive rules, procedure and standards of conduct for its schools and in its pupil handbook.
(6) A school employee, pupil or volunteer shall not nor shall said individuals solicit others with the intent to engage in reprisal, retaliation or false accusation against a victim, witness or one with reliable information about an act of harassment, intimidation or bullying.
(7) A school employee, pupil or volunteer who has witnessed or has reliable information that a pupil has been subjected to harassment, intimidation or bullying, whether written, verbal or physical, is encouraged to report the incident to the appropriate school official designated by the school district's or public school's policy.
(8) A school employee who promptly reports an incident of harassment, intimidation or bullying to the appropriate school official designated by the school district's or public school's policy, and who makes this report in compliance with the procedures in the policy prohibiting harassment, intimidation or bullying is not liable for damages arising from any failure to remedy the reported incident.
(9) Public schools and school districts are encouraged to form bullying prevention task forces, programs and other initiatives involving school staff, pupils, administrators, volunteers, parents, law enforcement and community members.
(10) Each school district or public school shall do all of the following:
(a) Provide training on the school district's or public school academy's harassment, intimidation of bullying policies to school employees and volunteers who have significant contact with pupils.
(b) Develop a process for discussing the harassment, intimidation of bullying policy with pupils.
(11) A school district or public school academy shall incorporate information regarding the school district's or public or private school academy's policy against harassment, intimidation or bullying into each school's employee training program.
(12) This section does not prevent a victim from seeking redress under any other available law, either civil or criminal. This section does not create or alter any tort liability.
SECTION 3. This act shall take effect upon passage."
Respectfully submitted,
STEVEN F. SMITH
Representative, District 13
Representative Ajello discusses the amendment.
The motion to amend is read and prevails on a roll call vote, 47 members voting in the affirmative and 8 members voting in the negative as follows:
YEAS - 47: The Honorable Speaker Murphy and Representatives Anguilla, Aubin, Benson, Brien, Caprio, Carter, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Jacquard, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Lowe, McHugh, McManus, McNamara, Moffitt, Montanaro, Moura, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Schadone, Shanley, Slater, Smith, Tejada, Trillo, Wasylyk, Winfield.
NAYS - 8: Representatives Ajello, Amaral, Gorham, Lally, Long, Mumford, Savage, Story.
Read and passed, as amended, on a roll call vote, 54 members voting in the affirmative and 3 members voting in the negative as follows:
YEAS - 54: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, McHugh, McManus, McNamara, Moffitt, Montanaro, Moura, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shanley, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Winfield.
NAYS - 3: Representatives Gorham, Handy, Mumford.
Representative Handy requests the journal to reflect that he voted incorrectly on (03-H 5919), he should have voted in the affirmative.
There is no objection.
6. (03-H5956) An Act relating to education - alternative education programs.
Committee on Health, Education and Welfare recommends passage.
Representative Giannini moves passage of the act, seconded by Representatives Tejada, Lima, Picard, Moura and Crowley.
Read and passed, on a roll call vote, 53 members voting in the affirmative and 4 members voting in the negative as follows:
YEAS - 53: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Malik, McManus, McNamara, Moffitt, Montanaro, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shanley, Slater, Smith, Story, Trillo, Wasylyk, Williams, Winfield.
NAYS - 4: Representatives Gorham, Lowe, McHugh, Watson.
7. (03-H5834) An Act relating to school committees and superintendents - middle schools.
Committee on Health, Education and Welfare recommends passage.
Representative Giannini moves passage of the act, seconded by Representatives Lima, McNamara and Carter.
By unanimous consent, Representative Giannini, seconded by Representatives Crowley, Amaral and Long, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(03-H 5834)
Mr. Speaker:
I hereby move to amend (03-H 5834) entitled "AN ACT RELATING TO SCHOOL COMMITTEES AND SUPERINTENDENTS - MIDDLE SCHOOLS," as follows:
(1) On page 2, line 9, by deleting the words "Provide adequate and necessary resources for", and inserting in place thereof the word "Encourage".
(2) On page 2, line 12, by deleting the words "Provide adequate and necessary resources for", and inserting in place thereof the word "Encourage".
(3) On page 2, line 15, by deleting the words "Provide adequate and necessary resources for", and inserting in place thereof the word "Encourage".
(4) On page 2, line 18, by deleting the words "Provide adequate and necessary resources to support", and inserting in place thereof the word "Encourage".
(5) On page 2, line 20, by deleting the words "Support and training", and inserting in place thereof the words "Encourage the training of".
Respectfully submitted,
JOANNE M. GIANNINI
Representative, District 7
Representative Savage discusses the amendment.
The motion to amend is read and prevails on a roll call vote, 58 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 58: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Moffitt, Montanaro, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shanley, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Winfield.
NAYS - 0.
Read and passed, as amended, on a roll call vote, 58 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 58: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Brien, Carter, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Moffitt, Montanaro, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shanley, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Winfield.
NAYS - 0.
8. (03-H6048) An Act relating to the Family Independence Act.
Committee on Health, Education and Welfare recommends passage.
Read, and by unanimous consent, ordered to be placed on the Calendar for Tuesday, May 13, 2003.
9. (03-H5164) (Substitute "A") An Act creating a House study commission to study all aspects of care of students in the school setting.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
Representative McNamara moves passage of the act, seconded by Representatives Williams, Giannini, Ajello, Savage, Mumford, Story, Watson, Amaral and Moffitt.
By unanimous consent, Representative Savage, seconded by Representatives Giannini, Amaral and Mumford, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(03-H 5164) (Substitute "A")
Mr. Speaker:
I hereby move to amend (03-H 5164) (Substitute "A") entitled "AN ACT CREATING A HOUSE STUDY COMMISSION TO STUDY ALL ASPECTS OF CARE OF STUDENTS IN THE SCHOOL SETTING," as follows:
1. On page 1, line 4, by deleting the word and numeral "seven (7)" and inserting in place thereof the word and numeral "nine (9)".
2. On page 1, line 5, by deleting the word and numeral "four (4)" and inserting in place thereof the word and numeral "five (5)".
3. On page 1, line 6, by deleting the word and numeral "three (3)" and inserting in place thereof the word and numeral "four (4)".
4. On page 1, line 8, by deleting the word "and".
5. On page 1, line 9, after the word "designee" by deleting the period "." and inserting in place thereof the following "; and one (1) of whom shall be the president of the Rhode Island Chapter of the American Academy of Pediatrics or his/her designee."
Respectfully submitted,
JOHN A. SAVAGE
Representative, District 65
The motion to amend is read and prevails on a roll call vote, 57 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 57: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Moffitt, Montanaro, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shanley, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, 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, 55 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 55: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Brien, Carter, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Moffitt, Montanaro, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, San Bento, Savage, Schadone, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Winfield.
NAYS - 0.
10. (03-H5474) An Act relating to unfair sales practices.
Committee on Corporations recommends passage.
Representative Kennedy moves passage of the act, seconded by Representatives Palumbo and Ajello.
Read and passed, on a roll call vote, 57 members voting in the affirmative and 2 members voting in the negative as follows:
YEAS - 57: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Moffitt, Montanaro, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Winfield.
NAYS - 2: Representatives Shanley, Watson.
Representative Shanley requests the journal to reflect that he voted incorrectly on (03-H 5474), he should have voted in the affirmative.
There is no objection.
11. (03-H5909) (Substitute "A") An Act relating to insurance - small employer health insurance availability 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 Enos, Lally and Lewiss.
The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on a roll call vote, 50 members voting in the affirmative and 5 members voting in the negative as follows:
YEAS - 50: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Coderre, Corvese, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Moffitt, Montanaro, Moura, Mumford, Naughton, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shanley, Slater, Smith, Story, Tejada, Wasylyk, Winfield.
NAYS - 5: Representatives Costantino, Gorham, Palumbo, Trillo, Watson.
12. (03-H5282) An Act relating to alcoholic beverages - wholesale licenses.
Committee on Corporations recommends passage.
Read, and by unanimous consent, ordered to be placed on the Calendar for Thursday, May 15, 2003.
13. (03-H5897) (Substitute "A") An Act relating to securities.
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 Gallison and Palumbo.
Representatives Gorham and Kennedy discuss the act.
The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on a roll call vote, 51 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 51: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Coogan, Corvese, Costantino, Dennigan, Enos, Flaherty, Gallison, Giannini, Ginaitt, Gorham, Jacquard, Kennedy, Lally, Landroche, Laroche, Lewiss, Long, Lowe, Malik, McHugh, McManus, McNamara, Moffitt, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Shanley, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams.
NAYS - 0.
14. (03-H5017) (Substitute "A") An Act relating to alcoholic beverages - regulation of sales.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
Representative Lowe moves passage of the act, seconded by Representatives Carter and Benson.
Representatives Handy, Lowe, Lima, Brien, Gorham and Long discuss the act.
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 1 member voting in the negative as follows:
YEAS - 57: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, McHugh, McManus, Moffitt, Montanaro, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shanley, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams.
NAYS - 1: Representative Gorham.
15. (03-H5707) An Act relating to insurance.
Committee on Corporations recommends passage.
Representative Kennedy moves passage of the act, seconded by Representative Schadone.
Read and passed, on a roll call vote, 56 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 56: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, McHugh, McManus, Moffitt, Montanaro, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shanley, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Winfield.
NAYS - 0.
16. (03-H5370) An Act relating to state affairs and government - Economic Development Corporation.
Committee on Corporations recommends passage.
Representative Long moves passage of the act, seconded by Representatives Watson, Lally and Benson.
Read and passed, on a roll call vote, 57 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 57: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Aubin, Benson, Brien, Caprio, Carter, Coogan, Corvese, Crowley, Dennigan, Enos, Flaherty, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Moffitt, Montanaro, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shanley, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Winfield.
NAYS - 0.
17. (03-H5361) An Act relating to insurance - health maintenance organizations.
Committee on Corporations recommends passage.
Representative Kennedy moves passage of the act, seconded by Representatives Palumbo, Coogan, Corvese, Petrarca, Brien and Benson.
Read and passed, on a roll call vote, 55 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 55: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Coderre, Coogan, Corvese, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Moffitt, Montanaro, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, Savage, Schadone, Shanley, Smith, Story, Tejada, Trillo, Voccola, Watson, Winfield.
NAYS - 0.
AFFIDAVIT
I, Peter Petrarca, State
Representative, District 44, 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: (03-H 6066).
2. I have the following interest in the matter listed under paragraph 1, above:
I am legal counsel to a corporation that will be directly affected by the act.
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.
PETER PETRARCA
Representative, District 44
State of Rhode Island
County of Providence
Subscribed and sworn to before me this 8th day of May, A.D. 2003.
MATTHEW J, McHUGH
Notary Public
Representative Petrarca is excused from voting on or participating in the consideration of the matter described in paragraph 1, above.
WILLIAM J. MURPHY
Speaker of the House of Representatives
CALENDAR
18. (03-H6066) An Act relating to motor vehicle insurance - motor vehicle body replacement parts.
Committee on Corporations recommends passage.
Representative Kennedy moves passage of the act, seconded by Representatives Enos, Long, Moura, Ginaitt, Schadone, Carter and Benson.
Representatives Watson, Kilmartin, Moura and Benson discuss the act.
Read and passed, on a roll call vote, 54 members voting in the affirmative and 1 member voting in the negative as follows:
YEAS - 54: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Long, Lowe, Malik, McHugh, McManus, McNamara, Moffitt, Montanaro, Moura, Mumford, Naughton, Palumbo, Picard, Rose, Savage, Schadone, Shanley, Slater, Smith, Story, Tejada, Wasylyk, Williams, Winfield.
NAYS - 1: Representative Watson.
Representative Watson requests to hold (03-H 6066) on the desk.
There is no objection.
19. (03-H6005) An Act relating to health and safety - health care accessibility and quality assurance act.
Committee on Corporations recommends passage.
Representative Kennedy moves passage of the act, seconded by Representatives Naughton, Costantino, Giannini, Lima and Long.
Read and passed, on a roll call vote, 56 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 56: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Moffitt, Montanaro, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, Savage, Schadone, Shanley, Slater, Smith, Story, Trillo, Wasylyk, Watson, Williams.
NAYS - 0.
20. (03-H6002) An Act relating to trust powers.
Committee on Corporations recommends passage.
Representative Long moves passage of the act, seconded by Representative Kennedy.
Read and passed, on a roll call vote, 55 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 55: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, Moffitt, Montanaro, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shanley, Slater, Smith, Story, Trillo, Wasylyk, Watson, Winfield.
NAYS - 0.
21. (03-H5280) An Act relating to commercial - general regulating provisions - deceptive trade practices.
Committee on Corporations recommends passage.
Representative Kennedy moves passage of the act, seconded by Representatives Wasylyk, Corvese, Palumbo, Trillo, Moffitt, Ajello, Mumford, Lima, Benson, Brien, Picard, Coderre and Handy.
Read and passed, on a roll call vote, 56 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 56: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Moffitt, Montanaro, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shanley, Slater, Smith, Story, Trillo, Wasylyk, Watson, Winfield.
NAYS - 0.
22. (03-H5187) (Substitute "A") An Act relating to motor and other vehicles - mobile and manufactured homes.
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 Tuesday, May 13, 2003.
23. (03-H5479) (Substitute "A") An Act relating to property - mortgage foreclosures.
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 Lewiss, Gallison and Giannini.
Representatives Gorham and Lewiss discuss the act.
The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on a roll call vote, 56 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 56: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, McHugh, McManus, Moffitt, Montanaro, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shanley, Slater, Smith, Story, Trillo, Wasylyk, Watson, Winfield.
NAYS - 0.
AFFIDAVIT
I, William J. McManus, State
Representative, District 46, 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: (03-H 5215).
2. I have the following interest in the matter listed under paragraph 1, above:
Employed by CVS.
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 J. McMANUS
Representative, District 46
State of Rhode Island
County of Providence
Subscribed and sworn to before me this 8th day of May, A.D. 2003.
DAVID W. DUMAS
Notary Public
Representative McManus is excused from voting on or participating in the consideration of the matter described in paragraph 1, above.
WILLIAM J. MURPHY
Speaker of the House
of Representatives
CALENDAR
24. (03-H5215) An Act relating to businesses and professions.
Committee on Corporations recommends passage.
Representative Kennedy moves passage of the act, seconded by Representatives Coderre, Ajello, Trillo, Moffitt, Savage, Story, Naughton, Wasylyk, Smith, Landroche, Laroche, Lally, Palumbo, McHugh, Brien, Schadone, Caprio, Picard, Carter, Aubin, Giannini, Costantino, Handy and Lowe.
Representative Landroche discusses the act.
By unanimous consent, Representative Kennedy, seconded by Representatives Laroche, Montanaro, Trillo, Naughton, Coderre and Ginaitt, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(03-H 5215)
Mr. Speaker:
I hereby move to amend (03-H 5215) entitled "AN ACT RELATING TO BUSINESSES AND PROFESSIONS" as follows:
Page 1, line 15, by inserting the following language after the word "plan" and before the period "." ", and provided further that the pharmacy is willing to participate at the network pharmaceutical reimbursement rate with the same co-payment structure as network pharmacies."
Respectfully submitted,
BRIAN KENNEDY
Representative, District 38
The motion to amend is read and prevails on a roll call vote, 57 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 57: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McNamara, Moffitt, Montanaro, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shanley, Slater, Smith, Story, Trillo, Wasylyk, Watson, Winfield.
NAYS - 0.
Representatives McManus, Palumbo, Moura, Trillo and Wasylyk discuss the act as amended.
Read and passed, as amended, on a roll call vote, 57 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 57: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Coderre, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McNamara, Moffitt, Montanaro, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shanley, Slater, Smith, Story, Trillo, Wasylyk, Watson, Williams, Winfield.
NAYS - 0.
25. (03-H5368) (Substitute "A") An Act relating to unfair competition and practices.
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 Tuesday, May 13, 2003.
26. (03-H6004) (Substitute "A") An Act relating to financial institutions - licensed activities and regulating oversight.
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 Long and Carter.
The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on a roll call vote, 56 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 56: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Moffitt, Montanaro, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Schadone, Shanley, Slater, Smith, Story, Trillo, Wasylyk, Watson, Winfield.
NAYS - 0.
27. (03-H5765) An Act relating to health insurance coverage - dentists.
Committee on Corporations recommends passage.
Representative Kennedy moves passage of the act, seconded by Representatives Anguilla, Rose, Shanley, Landroche, Laroche, Malik, Enos, Trillo, Ajello, Coderre, Ginaitt, Lewiss, Moffitt, Story, Long, McHugh, Benson, Carter, Costantino, Aubin, Gallison, San Bento, Caprio, Brien, Picard, Corvese, Schadone, Moura, Giannini, Handy and Petrarca.
Representatives Watson, Trillo, Giannini, Long, Benson and Crowley discuss the act.
Read and passed, on a roll call vote, 59 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 59: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Moffitt, Montanaro, Moura, Mumford, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shanley, Slater, Smith, Story, Trillo, Wasylyk, Watson, Williams, Winfield.
NAYS - 0.
28. (03-H6181) (Substitute "A") An Act relating to insurance - small employer health insurance.
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 Lewiss and Fox.
Representatives Watson and Kennedy discuss the act.
Read, and by unanimous consent, ordered to be placed on the Calendar for Tuesday, May 13, 2003.
29. (03-S898) An Act relating to taxation - Pawtucket.
Committee on Corporations recommends passage in concurrence.
Representative Coderre moves passage of the act, seconded by Representatives Kilmartin, Carter, Fox, Dennigan, Rose, San Bento and McManus.
Read and passed, in concurrence, on a roll call vote, 56 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 56: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Moffitt, Montanaro, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Schadone, Shanley, Slater, Smith, Story, Trillo, Wasylyk, Watson, Winfield.
NAYS - 0.
TRANSMITTAL
By unanimous consent, all matters on the Clerk's desk are ordered to be transmitted to His Excellency, the Governor, to the Honorable Senate, and to Honorable Secretary of State forthwith, with the exception of bills being held on the desk.
CALENDAR
30. (03-H5220) (Substitute "A") An Act relating to alcoholic beverages - regulation of sales.
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 Rose, Lowe, Brien, Picard, Moura and Laroche.
Representatives Lima and Brien discuss the act.
By unanimous consent, Representative Brien, seconded by Representatives Rose, Enos, Benson, Carter, Laroche, Landroche and Corvese, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(03-H 5220) (Substitute "A")
Mr. Speaker:
I hereby move to amend (03-H 5220) (Substitute "A") entitled "AN ACT RELATING TO ALCOHOLIC BEVERAGES - REGULATION OF SALES," as follows:
(1) On page 2, lines 7 and 8, by deleting "Sunday before Thanksgiving through Sunday before New Year's Day excluding there from Christmas day is said holiday falls on a Sunday" and inserting in place thereof "two (2) Sundays proceeding Christmas and the Sunday immediately following Christmas".
Respectfully submitted,
TODD R. BRIEN
Representative, District 50
Representative Watson discusses the amendment.
The motion to amend is read and prevails on a roll call vote, 55 members voting in the affirmative and 1 member voting in the negative as follows:
YEAS - 55: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, McHugh, McManus, Montanaro, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shanley, Slater, Smith, Story, Trillo, Wasylyk, Watson, Winfield.
NAYS - 1: Representative Moffitt.
The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, on a roll call vote, 54 members voting in the affirmative and 1 member voting in the negative as follows:
YEAS - 54: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, McHugh, McManus, Moffitt, Montanaro, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Schadone, Shanley, Slater, Smith, Story, Trillo, Wasylyk, Watson, Winfield.
NAYS - 1: Representative Long.
31. (03-H5840) (Substitute "A") An Act relating to health care - home and community care services to the elderly.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
Representative Ginaitt moves passage of the act, seconded by Representatives Palumbo, San Bento, Carter, Story and Long.
The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on a roll call vote, 54 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 54: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, McHugh, McManus, Moffitt, Montanaro, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shanley, Slater, Smith, Story, Trillo, Wasylyk, Winfield.
NAYS - 0.
32. (03-H5951) (Substitute "A") An Act relating to businesses and professions - physical therapists.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
Representative Story moves passage of the act, seconded by Representative Moura.
The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on a roll call vote, 52 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 52: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Caprio, Carter, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, McHugh, McManus, Moffitt, Montanaro, Moura, Mumford, Naughton, Palumbo, Petrarca, Rose, San Bento, Savage, Shanley, Slater, Smith, Story, Wasylyk, Watson, Winfield.
NAYS - 0.
33. (03-H5459) An Act relating to education - the Rhode Island Student Investment Initiative.
Committee on Health, Education and Welfare recommends passage.
Read, and by unanimous consent, ordered to be placed on the Calendar for Thursday, May 15, 2003.
34. (03-H5949) An Act relating to food and drugs.
Committee on Health, Education and Welfare recommends passage.
Representative Costantino moves passage of the act, seconded by Representatives San Bento, Ginaitt, Kennedy, Carter, Handy, Giannini and Lewiss.
Read and passed, on a roll call vote, 54 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 54: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Caprio, Carter, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Long, Lowe, Malik, McHugh, McManus, McNamara, Moffitt, Montanaro, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shanley, Slater, Smith, Story, Wasylyk, Watson, Winfield.
NAYS - 0.
35. (03-H5435) An Act relating to complaints of harassment.
Committee on Health, Education and Welfare recommends passage.
Representative Ajello moves passage of the act, seconded by Representatives Benson, Coderre, Giannini, Handy, Laroche and Landroche.
Read and passed, on a roll call vote, 54 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 54: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Caprio, Carter, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Malik, McHugh, McManus, McNamara, Moffitt, Montanaro, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shanley, Slater, Smith, Story, Wasylyk, Watson, Winfield.
NAYS - 0.
36. (03-H5895) (Substitute "A") An Act relating to businesses and professions - confidentiality of health care communications and information 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 Lewiss, Picard, Petrarca, Carter, Malik, Ginaitt, Laroche, Corvese and Landroche.
Representatives Watson, Schadone, Costantino, Dennigan, Corvese and Coderre discuss the act.
The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on a roll call vote, 44 members voting in the affirmative and 6 members voting in the negative as follows:
YEAS - 44: The Honorable Speaker Murphy and Representatives Almeida, Amaral, Anguilla, Aubin, Brien, Carter, Coderre, Corvese, Crowley, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Malik, McHugh, McManus, Moffitt, Montanaro, Moura, Mumford, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shanley, Smith, Story, Winfield.
NAYS - 6: Representatives Ajello, Costantino, Dennigan, Handy, Naughton, Watson.
RECONSIDERATION
From the Desk is taken:
(03-H 5896) (Substitute "A") An Act relating to businesses and professions - unsolicited telephone sales calls.
Representative Fox moves to consider the act, seconded by Representatives Lima, Palumbo and several other members of the House.
There is no objection.
The act is reconsidered, by unanimous consent, on a voice vote.
By unanimous consent, Representative Gorham, seconded by Representative Watson, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(03-H 5896) (Substitute "A")
Mr. Speaker:
I hereby move to amend (03-H 5896) (Substitute "A") entitled "AN ACT RELATING TO BUSINESSS AND PROFESSIONS - UNSOLICITED TELEPHONE SALES CALLS," as follows:
On page 4, by deleting lines 9 7 through 15 inclusive.
Respectfully submitted,
NICHOLAS GORHAM
Representative, District 40
Representatives Kennedy, Montanaro, Handy, Moffitt, Crowley and Watson discuss the amendment.
The motion to amend is read and fails of passage on a roll call vote, 18 members voting in the affirmative and 37 members voting in the negative as follows:
YEAS - 18: Representatives Almeida, Amaral, Anguilla, Costantino, Gorham, Handy, Lewiss, Long, McHugh, McManus, Moffitt, Mumford, Petrarca, Rose, Savage, Story, Wasylyk, Watson.
NAYS - 37: The Honorable Speaker Murphy and Representatives Ajello, Aubin, Benson, Brien, Caprio, Carter, Coderre, Coogan, Corvese, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Kennedy, Kilmartin, Lally, Landroche, Lima, Malik, Montanaro, Moran, Moura, Naughton, Palumbo, Picard, San Bento, Schadone, Shanley, Slater, Smith, Williams, Winfield.
Representative Gorham discusses the act.
The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on a roll call vote, 53 members voting in the affirmative and 2 members voting in the negative as follows:
YEAS - 53: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Handy, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Malik, McHugh, McManus, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shanley, Slater, Smith, Story, Wasylyk, Williams, Winfield.
NAYS - 2: Representatives Gorham, Watson.
HOLD ON THE DESK
Representative Williams requests to hold (03-H 5824) on the desk.
There is no objection.
Also:
Representative Brien requests to hold (03-H 5220) 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 Senate, and to the Honorable Secretary of State forthwith, with the exception of bills being held on the desk.
CALENDAR
On suggestion of Majority Leader Fox, and by unanimous consent, the Calendar for today is continued to Tuesday, May 13, 2003.
CONSENT CALENDAR
From the Consent Calendar are taken:
1. (03-H6405) An Act to vacate the forfeiture or revocation of the charter of Bayrose, LLC.
Ordered on the Consent Calendar.
2. (03-H6406) An Act to vacate the forfeiture or revocation of the charter of Block Island Anchor House Inn, Inc.
Ordered on the Consent Calendar.
3. (03-S1063) An Act to vacate the forfeiture or revocation of the charter of Snoopy's Diner Inc.
Ordered on the Consent Calendar.
4. (03-S1064) An Act to vacate the forfeiture or revocation of the charter of Delmar Aero Corp.
Ordered on the Consent Calendar.
5. (03-H6411) An Act to vacate the forfeiture or revocation of the charter of Precision Woodworking Co., Inc.
Ordered on the Consent Calendar.
Read and passed, items 3 and 4 in concurrence, on motion of Majority Leader Fox, seconded by Minority Leader Watson, and by unanimous consent, on a voice vote.
ANNOUNCEMENT
Representative Costantino announces that the Committee on Finance will meet tomorrow at 1:00 o'clock P.M. in Room 35 of the State House.
ADJOURNMENT
At 6:30 o'clock P.M. on motion of Representative Fox, seconded by Representative Watson, the House adjourns, on a voice vote.
LINDA McELROY
Recording Clerk
Appendix
INVOCATION
REPRESENTATIVE DAVID E. LAROCHE
Heavenly Father, look with favor on our deliberation and assist us by your grace to do what is just and wise. Amen.
Appendix
TRANSMITTED TO THE GOVERNOR
(03-S 898) An Act relating to taxation - Pawtucket.
(03-S 1063) An Act to vacate the forfeiture or revocation of the charter of Snoopy's Diner, Inc.
(03-S 1064) An Act to vacate the forfeiture or revocation of the charter of Delmar Aero Corp.
Appendix
CALENDAR
In order for Tuesday, May 13, 2003:
1. (03-H6048) An Act relating to the Family Independence Act.
Committee on Health, Education and Welfare recommends passage.
2. (03-H5187) (Substitute "A") An Act relating to motor and other vehicles - mobile and manufactured homes.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
3. (03-H5368) (Substitute "A") An Act relating to unfair competition and practices.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
4. (03-H6181) (Substitute "A") An Act relating to insurance - small employer health insurance.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
5. (03-H6090) An Act relating to motor and other vehicles - traffic stops statistics.
Committee on Judiciary recommends passage.
6. (03-H5945) (Substitute "A") An Act relating to alcoholic beverages - regulation of sales.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".
7. (03-H5458) An Act relating to education - cooperative service among school districts.
Committee on Health, Education and Welfare recommends passage.
8. (03-H5504) (Substitute "A") An Act relating to licensing and monitoring of child care providers.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
9. (03-H5828) (Substitute "A") An Act relating to businesses and professions.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
10. (03-H6432) House Resolution amending the Rules of the House of Representatives for the years 2003-2004.
Ordered on the Calendar.
11. (03-H5829) (Substitute "A") House Resolution creating a special House commission to develop a recommended plan for the collection and recycling of electronic waste.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
12. (03-H5841) (Substitute "A") An Act relating to long-term care - ombudsperson.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
13. (03-H5844) An Act relating to towns and cities.
Committee on Health, Education and Welfare recommends passage.
14. (03-H5845) An Act relating to health and safety - establishing the sepsis information act.
Committee on Health, Education and Welfare recommends passage.
15. (03-H5924) (Substitute "A") An Act relating to health and safety - licensing of health care facilities.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
16. (03-H6071) An Act relating to food and drugs - uniform controlled substances act.
Committee on Health, Education and Welfare recommends passage.
17. (03-H5478) (Substitute "A") An Act relating to businesses and professions - pharmacies.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
18. (03-H5350 as amended) An Act relating to education - school committees and superintendents.
Committee on Health, Education and Welfare recommends passage as amended.
19. (03-H6141) (Substitute "A") An Act relating to health and safety - fire safety code.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
20. (03-H6354) An Act in amendment of an act passed at the January session, 1937, entitled "An Act to incorporate the Shelter Harbor Fire District," approved April 27, 1937, as amended at the January session, 1950, approved April 25, 1950.
Committee on Corporations recommends passage.
21. (03-H6356) An Act relating to taxation - town of Westerly.
Committee on Corporations recommends passage.
22. (03-H6043) Joint Resolution declaring June as "Rivers Month" in the State of Rhode Island.
Committee on Environment and Natural Resources recommends passage.
23. (03-H6111) (Substitute "A") An Act relating to businesses and professions - nurses.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
Appendix
CALENDAR
In order for Wednesday, May 14, 2003:
1. (03-H5578) (Substitute "A") House Resolution creating a special legislative commission to study the simplification and clarification of the Rhode Island General Laws relating to public records.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".
2. (03-H5850) An Act relating to businesses and professions - athlete agents.
Committee on Corporations recommends passage.
3. (03-H5409) An Act relating to banking law - dishonored checks.
Committee on Corporations recommends passage.
Appendix
CALENDAR
In order for Thursday, May 15, 2003:
1. (03-H5680) An Act relating to criminal offenses - weapons.
Committee on Judiciary recommends passage.
2. (03-H5282) An Act relating to alcoholic beverages - wholesale licenses.
Committee on Corporations recommends passage.
3. (03-H5459) An Act relating to education - the Rhode Island Student Investment Initiative.
Committee on Health, Education and Welfare recommends passage.
4. (03-H5745) (Substitute "A") An Act relating to indebtedness of towns and cities - municipal deficits.
Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A".
LOUIS D'ANTUONO
Clerk of the House
Thursday, May 8, 2003
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