State of Rhode Island and Providence Plantations
J
OURNAL– 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. 66 |
Thursday, June 26, 2003 |
Sixty-sixth Day |
The House of Representatives meets at the State House in Providence, Thursday, June 26, 2003, and is called to order at 4:07 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 5 members absent as follows:
PRESENT — 69: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Ginaitt, Gorham, Handy, Harwood, Jacquard, Kennedy, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.
ABSENT — 5: Representatives Faria, Giannini, Kilmartin, Palumbo, Scott.
INVOCATION
The Honorable Speaker presents Representative Landroche, 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, June 25, 2003, is approved as printed.
GUESTS
Representative Smith welcomes to the House Chambers as guests Major Dan Fennell and Carol Keck.
Also:
Representative Smith welcomes to the House Chambers as a guest former Representative Harold Metts.
REPORTS OF COMMITTEES
COMMITTEE ON CORPORATIONS
Representative Kennedy, for the Committee on Corporations, reports back the following measures, with recommendation of passage:
(03-H 6540) (Substitute "A") An Act relating to family court.
Received and ordered to be placed on the Calendar.
(03-S 1086) (Substitute "A") An Act relating to alcoholic beverages — retail licenses.
Received and ordered to be placed on the Calendar.
COMMITTEE ON ENVIRONMENT
AND NATURAL RESOURCES
Representative Ginaitt, for the Committee on Environment and Natural Resources, reports back the following measures, with recommendation of passage:
(03-H 5533) (Substitute "A" as amended) An Act relating to public utilities and carriers — renewable energy standard.
Received and ordered to be placed on the Calendar.
(03-H 5849) (Substitute "A" as amended) An Act relating to health and safety — air pollution.
Received and ordered to be placed on the Calendar.
(03-H 5686) (Substitute "A") An Act relating to fishing.
Received and ordered to be placed on the Calendar.
(03-H 6049) (Substitute "A" as amended) House Resolution creating a special House commission to study vehicle tire storage and recycling in the State of Rhode Island.
Received and ordered to be placed on the Calendar.
COMMITTEE ON FINANCE
Representative Sherlock, for the Committee on Finance, reports back the following measures, with recommendation of passage:
(03-H 5075) An Act relating to military affairs.
Received and ordered to be placed on the Calendar.
(03-H 5351) An Act relating to textbooks.
Received and ordered to be placed on the Calendar.
(03-H 6493) (Substitute "A") An Act relating to insurance — authorizing health care providers to negotiate with health care insurers and providing for the powers and duties of the Attorney General.
Received and ordered to be placed on the Calendar.
COMMITTEE ON HEALTH, EDUCATION
AND WELFARE
Representative McNamara, for the Committee on Health, Education and Welfare, reports back the following measures, with recommendation of passage:
(03-H 5199) An Act relating to education — the Rhode Island Student Investment Initiative.
Received and ordered to be placed on the Calendar.
(03-H 6465) House Resolution supporting health care access for all Rhode Island residents.
Received and ordered to be placed on the Calendar.
(03-H 6473 as amended) An Act relating to health and safety.
Received and ordered to be placed on the Calendar.
(03-S 827) (Substitute "B") An Act relating to businesses and professions — nurses.
Received and ordered to be placed on the Calendar.
(03-S 595) (Substitute "A") An Act relating to education — certification of teachers.
Received and ordered to be placed on the Calendar.
(03-S 568) An Act relating to food and drugs.
Received and ordered to be placed on the Calendar.
(03-S 708) (Substitute "A") An Act relating to domestic relations — marriage licenses.
Received and ordered to be placed on the Calendar.
COMMITTEE ON JUDICIARY
Representative Flaherty, for the Committee on Judiciary, reports back the following measures, with recommendation of passage:
(03-H 5582) An Act relating to courts and civil procedure — jury lists.
Received and ordered to be placed on the Calendar.
(03-S 337) (Substitute "A") An Act relating to courts and civil procedure — jury lists.
Received and ordered to be placed on the Calendar.
NEW BUSINESS
Representative Winfield introduces (03-H 6579) House Resolution proclaiming November 2-8, 2003 as "Rhode Island Archives Week" in the State of Rhode Island.
Representative Winfield requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Winfield, seconded by Representative Fox, and by unanimous consent, on a voice vote.
Representative Almeida introduces (03-H 6580) House Resolution amending the special House commission to study the creation and benefits of a permanent oversight commission for the Department of Corrections.
Representative Almeida requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Almeida, seconded by Representative Fox, and by unanimous consent, on a voice vote.
Representative Corvese introduces (03-H 6581) An Act to vacate the forfeiture or revocation of the charter of Nathanael Greene Fraternal Association.
Representative Corvese requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Corvese, seconded by Representative Fox, on a roll call vote, 58 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS — 58: Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Flaherty, Gallison, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Shanley, Shavers, Sherlock, Slater, Smith, Tejada, Trillo, Wasylyk, Winfield.
NAYS — 0.
Representatives Watson, Callahan, Story, Amaral and Savage introduce (03-H 6582) An Act relating to the General Assembly — permanent joint committee on naming all new buildings, bridges, edifices and other state constructions.
Read and ordered to be placed on the Calendar.
Representatives Carter and Benson introduce (03-H 6583) An Act creating the Quonset Point/Davisville Management Corporation.
Read and referred to the Committee on Corporations.
CALENDAR
From the Calendar are taken:
1. (03-H 5117) An Act relating to businesses and professions.
Committee on Finance recommends passage.
Representative Slater moves passage of the act, seconded by Representatives Brien, Reilly, Lewiss, Menard and Carter.
By unanimous consent, Representative Brien, seconded by Representatives Smith and Slater, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(03-H 5117)
Mr. Speaker:
I hereby move to amend (03-H 5117) entitled "AN ACT RELATING TO BUSINESSES AND PROFESSIONS" as follows:
(1) On page 1, line 5, by deleting the words ", burial or disposition" and inserting in place thereof the words "pre-need or prepaid".
(2) On page 1, line 7, after the word "contract." by inserting the following: "This account shall be a general revenue account."
Respectfully submitted,
TOOD R. BRIEN
Representative, District 50
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, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Handy, Jacquard, Lally, Laroche, Lewiss, Lima, Lowe, Malik, McCauley, McHugh, McManus, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williamson.
NAYS — 0.
Read and passed, as amended, on a roll call vote, 50 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS — 50: The Honorable Speaker Murphy and Representatives Almeida, Amaral, Anguilla, Brien, Carter, Cerra, Coderre, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Gorham, Jacquard, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Malik, McCauley, McHugh, McManus, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williamson.
NAYS — 0.
2. (03-H 5747) (Substitute "A") An Act relating to military affairs and defense — emergency health powers act.
Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A".
Representative Slater moves passage of the act, seconded by Representatives Fox and Lima.
Representatives Coderre, Handy, Watson, Ajello, Dennigan, Corvese, Montanaro, Almeida, Trillo and Benson discuss the act.
Representative Montanaro requests to vote a section separately.
The Honorable Speaker rules that on reflection he feels that the whole of Section 30-15-9 (page 6, line 19 to page 9, line 23) should be voted on as a unit.
Representative Watson appeals the ruling of the Chair.
The ruling of the Chair is upheld on a roll call vote, 43 members voting in the affirmative and 14 members voting in the negative as follows:
YEAS — 43: The Honorable Speaker Murphy and Representatives Anguilla, Aubin, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Harwood, Jacquard, Lally, Landroche, Laroche, Lewiss, Lima, Malik, McCauley, McHugh, McNamara, Menard, Montanaro, Moran, Naughton, Petrarca, Picard, Rose, Schadone, Shanley, Shavers, Sherlock, Smith, Williamson, Winfield.
NAYS — 14: Representatives Ajello, Almeida, Amaral, Callahan, Gorham, Handy, McManus, Moffitt, Mumford, Reilly, Savage, Story, Trillo, Watson.
Representative Menard discusses the motion.
Representative Long requests the journal to reflect that if he had voted on the ruling of the Chair, he would have voted in the negative.
There is no objection.
Representative Reilly requests the journal to reflect that he voted incorrectly on the ruling of the Chair. He should have voted in the affirmative.
There is no objection.
The whole of Section 30-15-9 (page 6, line 19 to page 9, line 23) is read and passed, on a roll call vote, 42 members voting in the affirmative and 21 members voting in the negative as follows:
YEAS — 42: The Honorable Speaker Murphy and Representatives Anguilla, Aubin, Benson, Brien, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Harwood, Jacquard, Kennedy, Lally, Laroche, Lewiss, Lima, Lowe, Malik, McCauley, McHugh, McNamara, Menard, Moran, Naughton, Picard, Rose, San Bento, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Williamson.
NAYS — 21: Representatives Ajello, Almeida, Amaral, Callahan, Caprio, Gorham, Handy, Landroche, Long, McManus, Moffitt, Montanaro, Mumford, Petrarca, Reilly, Savage, Story, Tejada, Trillo, Wasylyk, Watson.
The remainder of the act is read and passed, and the original bill indefinitely postponed, on a roll call vote, 48 members voting in the affirmative and 15 members voting in the negative as follows:
YEAS — 48: The Honorable Speaker Murphy and Representatives Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Harwood, Jacquard, Kennedy, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, McCauley, McHugh, McNamara, Menard, Montanaro, Moran, Moura, Naughton, Picard, Rose, San Bento, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Trillo, Williamson, Winfield.
NAYS — 15: Representatives Ajello, Almeida, Amaral, Callahan, Gorham, Handy, Long, McManus, Moffitt, Mumford, Petrarca, Reilly, Savage, Story, Watson.
3. (03-H 5918) (Substitute "A") An Act relating to credit card lending.
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 Monday, June 30, 2003.
4. (03-H 6539) Joint Resolution creating a commission to provide for the determination, resolution and settlement of the boundary line between the state of Connecticut and the state of Rhode Island and Providence Plantations from the mouth of the Ashaway River north to the Massachusetts border.
Committee on Corporations recommends passage.
Representative Kennedy moves passage of the resolution, seconded by Representative Lewiss.
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, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Gallison, Gorham, Handy, Harwood, Jacquard, Kennedy, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Mumford, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Williamson.
NAYS — 0.
5. (03-H 6577) House Resolution creating a special House commission to study the status of the state’s policy formulation and planning for the environmental management and sustainable economic development of Rhode Island’s bays and their watersheds.
Ordered on the Calendar.
Representative Naughton moves passage of the resolution, seconded by Representatives Gallison, Lewiss, Crowley, Malik, Slater, Lima, Benson and Menard.
Representative Watson discusses the resolution.
Representative Naughton moves to recommit the resolution, seconded by Representative Fox.
There is no objection.
The act is recommitted, by unanimous consent, on a voice vote.
Read and referred to the Committee on Finance.
6. (03-H 5040) (Substitute "A") An Act relating to corporations — alternative fueled vehicle and filling station credit.
Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A".
Representative Costantino moves passage of the act, seconded by Representatives Benson, Handy, Carter and McNamara.
The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on a roll call vote, 65 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS — 65: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Gorham, Handy, Harwood, Jacquard, Kennedy, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Williamson, Winfield.
NAYS — 0.
7. (03-H 5598) (Substitute "A") An Act relating to motor and other vehicles — operators’ and chauffeurs’ licenses.
Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A".
Representative Crowley moves passage of the act, seconded by Representatives Enos, Rose, Reilly, Slater, McNamara, Savage, McManus, Cerra, Corvese, Brien, Tejada and Moran.
Representatives Moffitt and Crowley discuss the act.
By unanimous consent, Representative Carter, seconded by Representatives Crowley, Gallison, Coogan, Slater and Benson, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(03-H 5598) (Substitute "A")
Mr. Speaker:
I hereby move to amend (03-H 5598) (Substitute "A") entitled "AN ACT RELATING TO MOTOR AND OTHER VEHICLES — OPERATORS’ AND CHAUFFEURS’ LICENSES" as follows:
On page 2, line 31, by striking the date "February 15, 2004" and inserting in lieu thereof the date "June 1, 2004".
Respectfully submitted,
KENNETH CARTER
Representative, District 31
The motion to amend is read and prevails on a roll call vote, 62 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS — 62: The Honorable Speaker Murphy and Representatives Ajello, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Gallison, Gorham, Handy, Harwood, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Williamson, Winfield.
NAYS — 0.
NOW PRESIDING
At 4:47 o’clock P.M. the Honorable Speaker Murphy yields the rostrum to the Honorable Deputy Speaker Winfield.
CALENDAR
Representatives Mumford, Menard and Gorham discuss the act as amended.
Representative McNamara rises on a point of order for Representative Gorham to speak germane to the bill before us.
The Honorable Deputy Speaker rules for Representative Gorham to speak germane to the act.
The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, on a roll call vote, 59 members voting in the affirmative and 1 member voting in the negative as follows:
YEAS — 59: Representatives Ajello, Almeida, Anguilla, Aubin, Benson, Brien, Callahan, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Ginaitt, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Williamson, Winfield.
NAYS — 1: Representative Gorham.
8. (03-H 5802) (Substitute "A") House Resolution creating a special House commission to study tuition and fee schedules and admissions for undocumented immigrants at Rhode Island public institutions of higher learning.
Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A".
Representative Slater moves passage of the resolution, seconded by Representatives Ajello, Moura, Dennigan, Tejada, Shavers and Cerra.
The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on a roll call vote, 43 members voting in the affirmative and 13 members voting in the negative as follows:
YEAS — 43: Representatives Ajello, Anguilla, Aubin, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Ginaitt, Kennedy, Lally, Landroche, Laroche, Lima, Lowe, Malik, McCauley, McManus, McNamara, Menard, Montanaro, Moran, Moura, Petrarca, Picard, San Bento, Shanley, Shavers, Sherlock, Slater, Smith, Tejada, Williamson, Winfield.
NAYS — 13: Representatives Amaral, Benson, Callahan, Crowley, Gorham, Long, McHugh, Moffitt, Mumford, Reilly, Story, Trillo, Watson.
Representatives Jacquard, Williams and Handy requests the journal to reflect that if they had voted on the resolution, they would have voted in the affirmative.
There is no objection.
9. (03-H 5878) (Substitute "A") An Act relating to alternative fueled vehicles — tax credit.
Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A".
Representative Costantino moves passage of the act, seconded by Representatives Fox, McNamara and Moura.
The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on a roll call vote, 62 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS — 62: Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williamson, Winfield.
NAYS — 0.
10. (03-H 6157) An Act relating to taxation — manufacturing business tax.
Committee on Finance recommends passage.
Read, and by unanimous consent, ordered to be placed on the Calendar for Monday, June 30, 2003.
11. (03-H 6159) (Substitute "A") An Act relating to corporations, associations, and partnerships — business corporations.
Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A".
Read, and by unanimous consent, ordered to be placed on the Calendar for Monday, June 30, 2003.
12. (03-H 5452) (Substitute "B") An Act relating to motor vehicle offenses.
Committee on Judiciary recommends indefinite postponement of the original bill and the Substitute "A" and passage of Substitute "B".
Representative Flaherty moves passage of the act, seconded by Representatives Anguilla, Slater, Long, Landroche, Shavers, Menard, Moran, Brien, Picard and several other members of the House.
The bill marked Substitute "B" is read and passed, and the original bill and the bill marked Substitute "A" indefinitely postponed, on a roll call vote, 61 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS — 61: Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Ginaitt, Gorham, Handy, Kennedy, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williamson, Winfield.
NAYS — 0.
13. (03-H 6042) (Substitute "A") An Act relating to health and safety — refuse disposal.
Committee on Environment and Natural Resources recommends indefinite postponement of the original bill and passage of Substitute "A".
Representative Ginaitt moves passage of the act, seconded by Representatives Moura, Coogan, Coderre, Savage, McHugh and Shavers.
The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on a roll call vote, 62 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS — 62: Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williamson, Winfield.
NAYS — 0.
Representative Savage requests the journal to reflect that if he had voted on the act, he would have voted in the affirmative.
There is no objection.
14. (03-H 6214) (Substitute "A") An Act relating to health and safety — refuse disposal.
Committee on Environment and Natural Resources 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, July 1, 2003.
15. (03-H 6286) An Act relating to dissolution of the Tiverton Board of Water Commissioners.
Committee on Corporations recommends passage.
Representative Kennedy moves passage of the act, seconded by Representatives Amaral and Enos.
Read and passed, on a roll call vote, 61 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS — 61: Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williamson, Winfield.
NAYS — 0.
16. (03-H 6316) An Act relating to taxation — levy and assessment of local taxes.
Committee on Corporations recommends passage.
Representative Kennedy moves passage of the act, seconded by Representatives Schadone and San Bento.
Representative Gorham discusses the act.
Read and passed, on a roll call vote, 55 members voting in the affirmative and 4 members voting in the negative as follows:
YEAS — 55: Representatives Amaral, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Ginaitt, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, McCauley, McHugh, McManus, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Wasylyk, Williamson, Winfield.
NAYS — 4: Representatives Coogan, Gorham, Trillo, Watson.
Representative Cerra requests the journal to reflect that if she had voted on the act, she would have voted in the affirmative.
There is no objection.
17. (03-H 5121) (Substitute "A") An Act relating to water lines and works for the town of Middletown.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
Representative Long moves passage of the act, seconded by Representatives Watson and Callahan.
The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on a roll call vote, 60 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS — 60: Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Winfield.
NAYS — 0.
18. (03-H 6246) An Act relating to towns and cities — town housing authority.
Committee on Corporations recommends passage.
Representative Kennedy moves passage of the act, seconded by Representative Moran.
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: Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Winfield.
NAYS — 0.
19. (03-H 6223) An Act relating to the Tockwotton Home, originally incorporated as Home For Aged Women.
Committee on Corporations recommends passage.
Representative Kennedy moves passage of the act, seconded by Representatives Coogan and Moura.
By unanimous consent, Representative Moura, seconded by Representative Smith, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(03-H 6223)
Mr. Speaker:
I hereby move to amend (03-H 6223) entitled "AN ACT RELATING TO TOCKWOTTON HOME, ORIGINALLY INCORPORATED AS HOME FOR AGED WOMEN" as follows:
By deleting all language after the enactment clause and inserting in place thereof the following language:
"SECTION 1. Section 2 of An Act entitled "An Act to Incorporate the Home for Aged Women" passed at the January Session A.D. 1857, and as amended most recently by the General Assembly in 1993, is hereby amended to read as follows:
"Sec. 2. The said corporation may receive and take by purchase, grant devise bequest, or donation any real and personal property and hold the same for purposes aforesaid to any amount not exceeding twenty million dollars ($20,000,000), exempted from taxation to the extent permitted by the council of the city or town in which such property, real or personal is situated and may manage and dispose of the same according to its discretion."
SECTION 2. This act shall take effect upon passage."
Respectfully submitted,
PAUL E. MOURA
Representative, District 2
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: Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Shavers, Sherlock, Slater, Smith, Tejada, Trillo, Wasylyk, Watson, Winfield.
NAYS — 0.
Read and passed, as amended, on a roll call vote, 60 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS — 60: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, DeSimone, Enos, Fox, Gallison, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Winfield.
NAYS — 0.
20. (03-H 6423) An Act relating to public utilities and carriers — taxicabs and limited public motor vehicles.
Committee on Corporations recommends passage.
Representative Kennedy moves passage of the act, seconded by Representatives Menard, Gallison, Slater and Reilly.
Representative Moffitt discusses the act.
Read and passed, on a roll call vote, 64 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS — 64: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Williamson, Winfield.
NAYS — 0.
21. (03-H 6528) An Act relating to health and safety.
Committee on Corporations recommends passage.
Representative Kennedy moves passage of the act, seconded by Representatives Fox and Benson.
Read and passed, on a roll call vote, 61 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS — 61: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Lally, Landroche, Laroche, Lewiss, Lima, Long, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Williamson, Winfield.
NAYS — 0.
22. (03-S 172) An Act relating to solemnization of marriages.
Committee on Judiciary recommends passage in concurrence.
Representative Flaherty moves passage of the act, seconded by Representatives Menard and Shavers.
Representative Menard, seconded by Representatives Flaherty, Reilly and Trillo, offers a written motion to amend.
Read, and by unanimous consent, ordered to be placed on the Calendar for Monday, June 30, 2003.
23. (03-S 175) An Act relating to solemnization of marriages.
Committee on Judiciary recommends passage in concurrence.
Read, and by unanimous consent, ordered to be placed on the Calendar for Monday, June 30, 2003.
24. (03-S 247) An Act relating to solemnization of marriages.
Committee on Judiciary recommends passage in concurrence.
Representative Flaherty moves to recommit the act, seconded by Representative Fox.
There is no objection.
The act is recommitted, by unanimous consent, on a voice vote.
Read and referred to the Committee on Judiciary.
25. (03-S 16 as amended) An Act relating to privileges and immunities of militiamen.
Committee on Judiciary recommends passage as amended in concurrence.
Representative Flaherty moves passage of the act, seconded by Representative Gallison.
By unanimous consent, Representative Gallison, seconded by Representatives Lima, Carter, Aubin, Naughton and Menard, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(03-S 16 as amended)
Mr. Speaker:
I hereby move to amend (03-S 16 as amended) entitled "AN ACT RELATING TO PRIVILEGES AND IMMUNITIES OF MILITIAMEN" as follows:
By striking all the language after the enactment clause and inserting in place thereof the following language:
"SECTION 1. Chapter 30-7 of the General Laws entitled "Privileges and Immunities of Militiamen" is hereby amended by adding thereto the following section:
30-7-10. STATE SOLDIERS’ AND SAILORS’ CIVIL RELIEF ACT. — All national guard members on state active duty for a continuous period exceeding ninety (90) days shall be entitled to the rights, protections, privileges, and immunities afforded under the Soldiers’ and Sailors’ Civil Relief Act, title 50 U.S. Code, sections 500-592. These rights, protections, privileges and immunities shall include, but are not limited to, the following: maximum rate of interest not to exceed six percent (6%), continuation of insurance policies, protection from eviction as well as the right to terminate a lease due to military service, and continuance or stay of civil proceedings. Jurisdiction shall be exclusive to the superior court for any alleged violations of this section.
SECTION 2. This act shall take effect upon passage."
Respectfully submitted,
RAYMOND E. GALLISON, JR.
Representative, District 69
The motion to amend is read and prevails on a roll call vote, 62 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS — 62: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Williamson, Winfield.
NAYS — 0.
Read and passed, as amended, on a roll call vote, 64 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS — 64: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS — 0.
Majority Leader Fox requests leave of the House to take up (03-H 5252) (Substitute "A"), transmitted from the Senate, next.
COMMUNICATION FROM THE SENATE
A message from the Honorable Senate transmits with announcement of passage, of the following measure:
(03-H 5252) (Substitute "A") An Act relating to the National Guard.
Representative Fox requests unanimous consent for immediate consideration.
There is no objection.
Representative Fox moves passage, seconded by Representative Lima, Gallison, Aubin, Benson, Carter, Naughton and Watson.
By unanimous consent, Representative Fox for Representative Gallison, seconded by Representatives Lima, Gallison, Aubin, Benson, Carter, Naughton and Watson, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(03-H 5252) (Substitute "A")
Mr. Speaker:
I hereby move to amend (03-H 5252) (Substitute "A") entitled "AN ACT RELATING TO THE NATIONAL GUARD" as follows:
By striking all the language after the enactment clause and inserting in place thereof the following language:
"SECTION 1. Chapter 30-7 of the General Laws entitled "Privileges and Immunities of Militiamen" is hereby amended by adding thereto the following section:
30-7-10. STATE SOLDIERS’ AND SAILORS’ CIVIL RELIEF ACT. — All national guard members on state active duty for a continuous period exceeding ninety (90) days shall be entitled to the rights, protections, privileges, and immunities afforded under the Soldiers’ and Sailors’ Civil Relief Act, title 50 U.S. Code, sections 500-592. These rights, protections, privileges and immunities shall include, but are not limited to, the following: maximum rate of interest not to exceed six percent (6%), continuation of insurance policies, protection from eviction as well as the right to terminate a lease due to military service, and continuance or stay of civil proceedings. Jurisdiction shall be exclusive to the superior court for any alleged violations of this section.
SECTION 2. This act shall take effect upon passage."
Respectfully submitted,
RAYMOND E. GALLISON, JR.
Representative, District 69
The motion to amend is read and prevails on a roll call vote, 65 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS — 65: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Shanley, Shavers, Sherlock, Slater, 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, 61 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS — 61: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Ginaitt, Gorham, Handy, Jacquard, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Winfield.
NAYS — 0.
Majority Leader Fox requests leave of the House to take up the Calendar for Friday, June 27, 2003, next.
There is no objection.
CALENDAR
From the Calendar in order for Friday, June 27, 2003 are taken:
1. (03-S 301) An Act relating to education.
Committee on Finance recommends passage in concurrence.
Representative Crowley moves passage of the act, seconded by Representatives Reilly, Slater, Savage, Mumford and Coogan.
Read and passed, in concurrence, on a roll call vote, 54 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS — 54: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Lally, Laroche, Lewiss, Lima, Long, Lowe, McCauley, McHugh, McManus, Menard, Moffitt, Moran, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Winfield.
NAYS — 0.
Representative Landroche requests the journal to reflect that if he had voted on the act, he would have voted in the affirmative.
There is no objection.
2. (03-S 318) (Substitute "A" as amended) An Act relating to health and safety — Department of Health.
Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A" as amended in concurrence.
Representative Slater moves passage of the act, seconded by Representative Coogan.
The bill marked Substitute "A" is read and passed, as amended, in concurrence, and the original bill indefinitely postponed, on a roll call vote, 45 members voting in the affirmative and 13 members voting in the negative as follows:
YEAS — 45: Representatives Almeida, Anguilla, Aubin, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Ginaitt, Jacquard, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, McCauley, McHugh, McNamara, Menard, Montanaro, Moran, Moura, Naughton, Picard, Rose, Savage, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Winfield.
NAYS — 13: Representatives Ajello, Amaral, Callahan, Gorham, Handy, Long, McManus, Moffitt, Mumford, Petrarca, Reilly, Trillo, Watson.
Representative Trillo requests the journal to reflect that he voted incorrectly on the act. He should have voted in the affirmative.
There is no objection.
3. (03-S 956) An Act relating to taxation — property subject to taxation.
Committee on Finance recommends passage in concurrence.
Representative Jacquard moves passage of the act, seconded by Representatives Handy, Mumford and Cerra.
Read and passed, in concurrence, on a roll call vote, 52 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS — 52: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Landroche, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Naughton, Petrarca, Picard, Rose, San Bento, Savage, Shanley, Shavers, Sherlock, Story, Tejada, Trillo, Wasylyk, Williams, Winfield.
NAYS — 0.
Representatives Lewiss and Cerra request the journal to reflect that if they had voted on the act, they would have voted in the affirmative.
There is no objection.
4. (03-S 623) An Act relating to public property and works — labor and payment of debts by contractors.
Committee on Labor recommends passage in concurrence.
Representative Almeida moves passage of the act, seconded by Representative Moura.
Read and passed, in concurrence, on a roll call vote, 50 members voting in the affirmative and 6 members voting in the negative as follows:
YEAS — 50: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Brien, Carter, Cerra, Coderre, Coogan, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Ginaitt, Handy, Kennedy, Kilmartin, Landroche, Laroche, Lima, Long, Lowe, Malik, McCauley, McHugh, Menard, Moffitt, Montanaro, Moran, Moura, Naughton, Petrarca, Picard, Rose, San Bento, Savage, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Wasylyk, Williams, Winfield.
NAYS — 6: Representatives Benson, Callahan, Gorham, McManus, Trillo, Watson.
5. (03-S 280) (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" in concurrence.
Representative Kennedy moves passage of the act, seconded by Representative Menard.
The bill marked Substitute "A" is read and passed, in concurrence, and the original bill indefinitely postponed, on a roll call vote, 58 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS — 58: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Costantino, Crowley, Dennigan, DeSimone, Flaherty, Fox, Gallison, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Rose, San Bento, Savage, Shanley, Shavers, Sherlock, Slater, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Winfield.
NAYS — 0.
6. (03-S 401 as amended) An Act authorizing the city of Providence to convey certain property dedicated for park purposes.
Committee on Corporations recommends passage as amended in concurrence.
Read, and by unanimous consent, ordered to be placed on the Calendar for Monday, June 30, 2003.
7. (03-S 536) (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" in concurrence.
Representative Kennedy moves passage of the act, seconded by Representative Fox.
The bill marked Substitute "A" is read and passed, in concurrence, and the original bill indefinitely postponed, on a roll call vote, 59 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS — 59: Representatives Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Wasylyk, Williams, Winfield.
NAYS — 0.
8. (03-S 826) An Act relating to cities and towns — exempting from taxation property of the Westerly, Rhode Island Young Men’s Christian Association.
Committee on Corporations recommends passage in concurrence.
Representative Kennedy moves passage of the act, seconded by Representative Lewiss.
Read and passed, in concurrence, on a roll call vote, 60 members voting in the affirmative and 1 member voting in the negative as follows:
YEAS — 60: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Winfield.
NAYS — 1: Representative McHugh.
9. (03-S 864) (Substitute "A") An Act relating to education — Board of Governors for Higher Education.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.
Representative Kennedy moves passage of the act, seconded by Representatives Caprio, Picard, Carter, McHugh, Naughton, Wasylyk, Rose, Shavers, Long, Trillo, Mumford, Montanaro and Lewiss.
Representative Watson discusses the act.
The bill marked Substitute "A" is read and passed, in concurrence, and the original bill indefinitely postponed, on a roll call vote, 61 members voting in the affirmative and 1 member voting in the negative as follows:
YEAS — 61: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Costantino, Crowley, Dennigan, DeSimone, Enos, Fox, Gallison, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Winfield.
NAYS — 1: Representative Flaherty.
10. (03-S 961) An Act relating to motor vehicles — size, weight and load limits.
Committee on Corporations recommends passage in concurrence.
Representative Kennedy moves passage of the act, seconded by Representatives Fox and Anguilla.
Read and passed, in concurrence, on a roll call vote, 59 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS — 59: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Winfield.
NAYS — 0.
11. (03-S 1039) 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 in concurrence.
Representative Kennedy moves passage of the act, seconded by Representatives McHugh and Lewiss.
Read and passed, in concurrence, on a roll call vote, 62 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS — 62: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Winfield.
NAYS — 0.
12. (03-S 1152) An Act relating to the General Assembly — permanent joint committee on naming all new buildings, bridges, edifices and other state constructions.
Committee on Corporations recommends passage in concurrence.
Read, and by unanimous consent, ordered to be placed on the Calendar for Tuesday, July 1, 2003.
Majority Leader for requests leave of the House to take up the Consent Calendar for Tuesday, July 1, 2003, next.
There is no objection.
CONSENT CALENDAR
From the Consent Calendar in order for Tuesday, July 1, 2003 are taken:
1. (03-H 5467) An Act relating to taxation — levy and assessment of local taxes — Bristol.
Committee on Corporations recommends passage.
2. (03-H 5468) An Act relating to probate — town of Bristol.
Committee on Corporations recommends passage.
3. (03-H 5495) House Resolution creating a special House commission to study election laws, as applies to write-in candidates.
Committee on Corporations recommends passage.
4. (03-S 213) (Substitute "A") An Act relating to taxation — property subject to taxation.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.
5. (03-S 283) An Act relating to state affairs and government — economic development corporation.
Committee on Corporations recommends passage in concurrence.
6. (03-S 1097) An Act to vacate the forfeiture or revocation of the charter of North Smithfield Auto Salvage, Inc.
Committee on Corporations recommends passage in concurrence.
7. (03-S 1099) An Act to vacate the forfeiture or revocation of the charter of Kaiser Tree Preservation Company.
Committee on Corporations recommends passage in concurrence.
Read and passed, items 4 through 7 in concurrence, on motion of Majority Leader Fox, seconded by Minority Leader Watson, and by unanimous consent, on a voice vote.
Majority Leader Fox requests to move the Calendar for Tuesday, July 1, 2003, to Monday, June 30, 2003.
There is no objection.
ANNOUNCEMENTS
Majority Leader Fox announces session will begin Monday at 4:00 o’clock P.M.
Also:
Majority Leader Fox announces the Desk will be held open for Committee Reports.
Also:
Representative Flaherty announces that the Committee on Judiciary will meet today at the rise of the House in Room 205 of the State House.
Also:
Representative Coderre announces that the Committee on Separation of Powers will meet tomorrow at 12:30 o’clock P.M. in Room 135 of the State House.
Also:
Representative McNamara 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 Ginaitt announces that the Committee on Environment and Natural Resources will meet today at the rise of the House in Room 207 of the State House.
Also:
Representative Sherlock announces that the Committee on Finance will meet tomorrow at 12:00 o’clock P.M. in Room 35 of the State House, and to remind everyone session begins tomorrow at 1:00 o’clock P.M..
ADJOURNMENT
At 5:38 o’clock P.M. on motion of Representative Benson, and as a further mark of respect to the memory of Frank Smashe and Robert Simpson; on motion of Representative Lima, and as a further mark of respect to the memory of Joseph Ruscito; on motion of Representative Slater, and as a further mark of respect to the memory of Margaret Stevenson; on motion of Representatives Enos and Amaral, and as a further mark of respect to the memory of Ray Lommis; seconded by Representatives Fox and Watson, the House adjourns, on a unanimous rising vote.
LINDA McELROY
Recording Clerk
Appendix
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INVOCATION
REPRESENTATIVE NORMAN L. LANDROCHE, JR.
Dear God, we are grateful for the privilege of serving in this House of Representatives. Keep us ever mindful that we are here to serve those who elected us and all of the people of Rhode Island. Amen.
Appendix
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TRANSMITTED TO THE GOVERNOR
(03-S 402) (Substitute "A") An Act relating to regulating oversight.
(03-S 453) An Act relating to employment security — taxable wage base.
(03-S 526) An Act relating to public officers and employees — federal old-age and survivors’ insurance.
(03-S 604) An Act relating to industrial registration.
(03-S 608) An Act relating to occupational safety.
(03-S 663) An Act relating to criminal offenses — impersonation and identity fraud.
(03-S 810) (Substitute "A") An Act relating to businesses and professions — Board of Medical Licensure and Discipline.
(03-S 859 as amended) An Act relating to employment security — general provisions.
(03-S 924) An Act relating to validating and ratifying amendments to the Home Rule Charter of the town of Middletown.
(03-S 1029) An Act relating to fixing the date and time for holding and annual town meeting in Jamestown.
Appendix
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CALENDAR
Special Order of Business in order for Friday, June 27, 2003:
1. (03-H 6174) (Substitute "A") An Act relating to making appropriations for the support of the state for the fiscal year ending June 30, 2004.
Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A".
Appendix
_________
CALENDAR
In order for Monday, June 30, 2003:
1. (03-H 5918) (Substitute "A") An Act relating to credit card lending.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
2. (03-H 6157) An Act relating to taxation — manufacturing business tax.
Committee on Finance recommends passage.
3. (03-H 6159) (Substitute "A") An Act relating to corporations, associations, and partnerships — business corporations.
Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A".
4. (03-H 5544) An Act relating to cities and towns — residency.
Committee on Corporations recommends passage.
5. (03-H 5282) An Act relating to alcoholic beverages — wholesale licenses.
Committee on Corporations recommends passage.
6. (03-H 6421) (Substitute "A") An Act relating to alcoholic beverages — retail licenses.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
7. (03-H 5075) An Act relating to military affairs.
Committee on Finance recommends passage.
8. (03-H 5351) An Act relating to textbooks.
Committee on Finance recommends passage.
9. (03-H 6493) (Substitute "A") An Act relating to insurance — authorizing health care providers to negotiate with health care insurers and providing for the powers and duties of the Attorney General.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
10. (03-H 6540) (Substitute "A") An Act relating to family court.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
11. (03-H 5582) An Act relating to courts and civil procedure — jury lists.
Committee on Judiciary recommends passage.
12. (03-H 6214) (Substitute "A") An Act relating to health and safety — refuse disposal.
Committee on Environment and Natural Resources recommends indefinite postponement of the original bill and passage of Substitute "A".
13. (03-H 6582) An Act relating to the General Assembly — permanent joint committee on naming all new buildings, bridges, edifices and other state constructions.
Ordered to be placed on the Calendar.
14. (03-H 5533) (Substitute "A" as amended) An Act relating to public utilities and carriers — renewable energy standard.
Committee on Environment and Natural Resources recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.
15. (03-H 5849) (Substitute "A" as amended) An Act relating to health and safety — air pollution.
Committee on Environment and Natural Resources recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.
16. (03-H 5686) (Substitute "A") An Act relating to fishing.
Committee on Environment and Natural Resources recommends indefinite postponement of the original bill and passage of Substitute "A".
17. (03-H 6049) (Substitute "A" as amended) House Resolution creating a special House commission to study vehicle tire storage and recycling in the State of Rhode Island.
Committee on Environment and Natural Resources recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.
18. (03-H 5199) An Act relating to education — the Rhode Island Student Investment Initiative.
Committee on Health, Education and Welfare recommends passage.
19. (03-H 6465) House Resolution supporting health care access for all Rhode Island residents.
Committee on Health, Education and Welfare recommends passage.
20. (03-H 6473 as amended) An Act relating to health and safety.
Committee on Health, Education and Welfare recommends passage as amended.
21. (03-S 172) An Act relating to solemnization of marriages.
Committee on Judiciary recommends passage in concurrence.
22. (03-S 175) An Act relating to solemnization of marriages.
Committee on Judiciary recommends passage in concurrence.
23. (03-S 401 as amended) An Act authorizing the city of Providence to convey certain property dedicated for park purposes.
Committee on Corporations recommends passage as amended in concurrence.
24. (03-S 1152) An Act relating to the General Assembly — permanent joint committee on naming all new buildings, bridges, edifices and other state constructions.
Committee on Corporations recommends passage in concurrence.
25. (03-S 22 as amended) An Act relating to motor vehicle insurance — motor vehicle body replacement parts.
Committee on Corporations recommends passage as amended in concurrence.
26. (03-S 249) (Substitute "A" as amended) An Act relating to motor vehicle offenses.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A" as amended in concurrence.
27. (03-S 669) An Act relating to businesses and professions — telephone sales solicitation act.
Committee on Corporations recommends passage in concurrence.
28. (03-S 948) (Substitute "A") An Act relating to motor and other vehicles — operators’ and chauffeurs’ licenses.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
29. (03-S 265) An Act relating to businesses and professions — patient protection act.
Committee on Health, Education and Welfare recommends passage in concurrence.
30. (03-S 272) (Substitute "A") An Act relating to education — health and safety of pupils.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.
31. (03-S 736) (Substitute "A") An Act relating to businesses and professions — confidentiality of health care communications and information act.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.
32. (03-S 88) (Substitute "A" as amended) An Act relating to criminals — correctional institutions — parole.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A" as amended in concurrence.
33. (03-S 501 as amended) An Act relating to public utilities and carriers — railroad preservation.
Committee on Finance recommends passage as amended in concurrence.
34. (03-S 1034) (Substitute "A") An Act relating to motor and other vehicles — operators’ and chauffeurs’ licenses.
Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A".
35. (03-S 717) (Substitute "A") An Act relating to aeronautics.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.
36. (03-S 220) (Substitute "A" as amended) An Act relating to property.
Committee on Environment and Natural Resources recommends indefinite postponement of the original bill and passage of Substitute "A" as amended in concurrence.
37. (03-S 270) (Substitute "A" as amended) An Act relating to food and drugs — fruits and vegetables generally.
Committee on Environment and Natural Resources recommends indefinite postponement of the original bill and passage of Substitute "A" as amended in concurrence.
38. (03-S 413) (Substitute "A") An Act relating to health and safety — refuse disposal.
Committee on Environment and Natural Resources recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.
39. (03-S 579) (Substitute "A") An Act relating to agriculture and forestry — right to farm.
Committee on Environment and Natural Resources recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.
40. (03-S 155) (Substitute "A") An Act relating to water lines and works for the town of Middletown.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.
41. (03-S 355) An Act relating to taxation — levy and assessment of local taxes.
Committee on Corporations recommends passage in concurrence.
42. (03-S 471) An Act relating to property — residential landlord and tenant act.
Committee on Corporations recommends passage in concurrence.
43. (03-S 588 as amended) An Act relating to creating the Urban Infrastructure Commission.
Committee on Corporations recommends passage as amended.
44. (03-S 137) (Substitute "A") An Act relating to insurance.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.
45. (03-S 288 as amended) An Act relating to commercial law — credit card lending.
Committee on Corporations recommends passage as amended in concurrence.
46. (03-S 400) (Substitute "A") An Act relating to insurance — health maintenance organizations.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.
47. (03-S 670) (Substitute "A") An Act exempting from taxation the property of the Pawtucket, RI Young Men’s Christian Association.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.
48. (03-S 808) (Substitute "A") An Act relating to health and safety.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.
49. (03-S 820) An Act relating to public utilities and carriers — Public Utilities Commission.
Committee on Corporations recommends passage in concurrence.
50. (03-S 1091) An Act exempting from taxation the real, mixed and personal property of the Darlington Braves, Inc. of Pawtucket.
Committee on Corporations recommends passage in concurrence.
51. (03-S 1123 as amended) An Act relating to insurers’ rehabilitation and liquidation act.
Committee on Corporations recommends passage as amended in concurrence.
52. (03-S 1086) (Substitute "A") An Act relating to alcoholic beverages — retail licenses.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
53. (03-S 337) (Substitute "A") An Act relating to courts and civil procedure — jury lists.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.
54. (03-S 827) (Substitute "B") An Act relating to businesses and professions — nurses.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and the Substitute "A" and passage of Substitute "B".
55. (03-S 595) (Substitute "A") An Act relating to education — certification of teachers.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.
56. (03-S 568) An Act relating to food and drugs.
Committee on Health, Education and Welfare recommends passage in concurrence.
57. (03-S 708) (Substitute "A") An Act relating to domestic relations — marriage licenses.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.
LOUIS D’ANTUONO
Clerk of the House
Thursday, June 26, 2003