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. 68

Monday, June 30, 2003

Sixty-eighth Day

The House of Representatives meets at the State House in Providence, Monday, June 30, 2003, and is called to order at 4:26 o’clock P.M., by the Honorable William J. Murphy, Speaker.

 

The roll is called and a quorum is declared present with 67 members present and 7 members absent as follows:

PRESENT — 67: 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, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, 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, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

ABSENT — 7: Representatives Faria, Ginaitt, Harwood, Laroche, Palumbo, Scott, Slater.

 

INVOCATION

The Honorable Speaker presents Representative Giannini, 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 Friday, June 27, 2003, is approved as printed.

 

COMMUNICATION FROM THE SENATE

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

(03-S 1013 as amended) An Act relating to homestead exemptions in the town of Lincoln.

Read and ordered to be placed on the Calendar.

 

(03-H 6337) (Substitute "A") An Act relating to homestead exemptions in the town of Lincoln.

Read and ordered to be placed on the Calendar.

 

PERSONAL PRIVILEGE

By unanimous consent, Representative Williamson addresses the members of the House on a point of personal privilege in regard to a radio show.

 

REPORTS OF COMMITTEES

TRANSFER OF BILL

Representative Kennedy, for the Committee on Corporations, reports back the following measure, with recommendation of transfer to the Committee on Labor:

(03-S 599 as amended) An Act relating to businesses and professions — telecommunications.

Received and referred to the Committee on Labor.

 

COMMITTEE ON CORPORATIONS

Representative Kennedy, for the Committee on Corporations, reports back the following measures, with recommendation of passage:

(03-H 6487) An Act relating to taxation.

Received and ordered to be placed on the Calendar.

 

(03-H 6578) An Act relating to tree wardens.

Received and ordered to be placed on the Calendar.

 

(03-S 1122) (Substitute "A" as amended) An Act relating to securities.

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 5237) (Substitute "A") An Act relating to pharmaceutical assistance to the elderly.

Received and ordered to be placed on the Calendar.

 

(03-H 5410) (Substitute "A") An Act relating to taxation — personal income tax.

Received and ordered to be placed on the Calendar.

 

(03-H 5415) (Substitute "A") An Act relating to state affairs and government — generic drugs.

Received and ordered to be placed on the Calendar.

 

(03-H 5881) (Substitute "A") An Act relating to taxation — mill building and economic revitalization act.

Received and ordered to be placed on the Calendar.

 

(03-S 197) (Substitute "A") An Act relating to taxation — personal income tax.

Received and ordered to be placed on the Calendar.

 

(03-S 777) (Substitute "B") An Act relating to monuments and memorials.

Received and ordered to be placed on the Calendar.

 

(03-S 424) (Substitute "A") An Act relating to Division of Motor Vehicles.

Received and ordered to be placed on the Calendar.

 

COMMITTEE ON HEALTH, EDUCATION

AND WELFARE

Representative Giannini, for the Committee on Health, Education and Welfare, reports back the following measures, with recommendation of passage:

(03-S 594) An Act relating to education.

Received and ordered to be placed on the Calendar.

 

(03-S 867) An Act relating to education — private schools.

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 6522) An Act relating to divorce and separation — child support.

Received and ordered to be placed on the Calendar.

 

(03-H 5444) An Act relating to property — residential landlord tenant act.

Received and ordered to be placed on the Calendar.

 

(03-H 5382) An Act relating to residential landlord and tenant act.

Received and ordered to be placed on the Calendar.

 

(03-S 469) An Act relating to property — residential landlord tenant act.

Received and ordered to be placed on the Calendar.

 

(03-S 240) (Substitute "A") An Act relating to boats — title.

Received and ordered to be placed on the Calendar.

 

(03-S 237) An Act relating to towns and cities — zoning ordinances.

Received and ordered to be placed on the Calendar.

 

(03-S 386) An Act relating to delinquent and dependent children — interstate compact on juveniles.

Received and ordered to be placed on the Calendar.

 

(03-S 1106) An Act relating to domestic relations — divorce and separation.

Received and ordered to be placed on the Calendar.

 

(03-S 492) (Substitute "A") An Act relating to property — residential landlord and tenant act.

Received and ordered to be placed on the Calendar.

 

(03-S 480) (Substitute "A") An Act relating to criminal offenses — sexual offender registration and community notification.

Received and ordered to be placed on the Calendar.

 

(03-S 459) (Substitute "A" as amended) An Act relating to property — mechanics liens.

Received and ordered to be placed on the Calendar.

 

(03-S 385) (Substitute "B") An Act relating to motor and other vehicles.

Received and ordered to be placed on the Calendar.

 

(03-S 236) (Substitute "A" as amended) An Act relating to state affairs and government — lobbying of state employees.

Received and ordered to be placed on the Calendar.

 

(03-S 1023 as amended) An Act relating to Family Court.

Received and ordered to be placed on the Calendar.

 

(03-S 134) (Substitute "A" as amended) An Act relating to criminal offenses — children.

Received and ordered to be placed on the Calendar.

 

COMMITTEE ON LABOR

Representative Corvese, for the Committee on Labor, reports back the following measures, with recommendation of passage:

(03-S 857 as amended) An Act relating to insurance — workers’ compensation insurance fund.

Received and ordered to be placed on the Calendar.

 

(03-S 598) An Act relating to labor and labor relations — hazardous substances.

Received and ordered to be placed on the Calendar.

 

(03-S 603) An Act relating to businesses and professions — electricians.

Received and ordered to be placed on the Calendar.

 

(03-S 1073) (Substitute "A" as amended) An Act relating to businesses and professions — telecommunications.

Received and ordered to be placed on the Calendar.

 

(03-S 590) An Act relating to holidays and days of special observance — days of special observance.

Received and ordered to be placed on the Calendar.

 

(03-S 626) (Substitute "B") An Act relating to workers’ compensation — benefits.

Received and ordered to be placed on the Calendar.

 

(03-H 5602) An Act relating to workers’ compensation.

Received and ordered to be placed on the Calendar.

 

NEW BUSINESS

Representative Carter introduces (03-H 6584) An Act relating to motor and other vehicles — operators’ and chauffeurs’ licenses.

Representative Carter requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Carter, seconded by Representatives Lally, Gallison and Benson, on a roll call vote, 60 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 60: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Jacquard, Kennedy, Kilmartin, Lally, Landroche, 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, Smith, Story, Trillo, Watson, Williamson, Winfield.

NAYS — 0.

 

Representative Lowe introduces (03-H 6585) House Resolution honoring Roger Fournier on over 50 years of devoted volunteer service in the State of Rhode Island.

Representative Lowe requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Lowe, seconded by Representatives Brien, Aubin and Moran, and by unanimous consent, on a voice vote.

 

Representatives Naughton, Sherlock, Handy, Crowley and Lima introduce (03-H 6586) House Resolution congratulating Dr. Robert Ballard on the celebration of his 61st birthday on June 20, 2003.

Representative Naughton requests unanimous consent for immediate consideration.

There is no objection.

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

 

Representatives Dennigan, Rose, Savage and Moura introduce (03-H 6587) An Act relating to special development districts — East Providence.

Representative Dennigan requests unanimous consent for immediate consideration.

There is no objection.

Representative Dennigan, seconded by Representatives Rose and Savage, moves passage of the act.

Representatives Amaral and Dennigan discuss the act.

Read and passed, on a roll call vote, 63 members voting in the affirmative and members voting in the negative as follows:

YEAS — 63: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, 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, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

Representatives Rose, Dennigan, Savage and Moura introduce (03-H 6588) An Act relating to taxation — levy and assessment of local taxes.

Representative Rose requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Rose, seconded by Representatives Savage and Dennigan, 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, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

Representatives Naughton, Handy, Lima, Malik and McNamara introduce (03-H 6589) House Resolution creating a special legislative commission to study the modernization of the Rhode Island Registry of Motor Vehicles.

Representative Naughton requests unanimous consent for immediate consideration.

There is no objection.

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

 

Representatives Enos, Lally, Ajello, Shanley and McManus introduce (03-H 6590) Joint Resolution creating a special legislative commission to study the feasibility of establishing the office of Inspector General.

Representative Enos requests unanimous consent for immediate consideration.

There is no objection.

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

 

Representative Costantino introduces (03-H 6591) An Act relating to delinquent and dependent children — interstate compact on juveniles.

Read and ordered to be placed on the Calendar.

 

Representatives Fox, Gallison, Crowley, Shavers and Enos introduce (03-H 6592) An Act relating to public utilities and carriers.

Read and referred to the Committee on Finance.

 

Representatives DeSimone and Moura introduce (03-H 6593) An Act relating to state affairs and government.

Read and referred to the Committee on Finance.

 

Representatives DeSimone and Moura introduce (03-H 6594) An Act relating to taxation.

Read and referred to the Committee on Finance.

 

TRANSMITTAL

By unanimous consent, all House matters on the Clerk’s desk are ordered to be transmitted to the Honorable Senate forthwith.

 

FROM THE DESK

By unanimous consent, Majority Leader Fox moves that (03-H 5081 as amended) and (03-S 1140 as amended) from Desk, to be taken up next.

There is no objection.

 

(03-H 5081 as amended) Joint Resolution to approve and publish and submit to the electors a proposition of amendment to the Constitution of the State (separation of powers).

Representative Fox, seconded by Representatives Anguilla, Coderre and several other members of the House, moves passage of the resolution.

By unanimous consent, Representative Anguilla, seconded by Representatives Coderre, Gallison, Brien, Lima, Fox, Wasylyk and Menard, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 5081 as amended)

Mr. Speaker:

I hereby move to amend (03-H 5081 as amended) entitled "JOINT RESOLUTION TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF AMENDMENT TO THE CONSTITUTION OF THE STATE (SEPARATION OF POWERS)" as follows:

By inserting, on page 1, line 1, before the word "RESOLVED," the following language"

"WHEREAS, The proposed amendments to Article III, Section 6, Article V, Article VI, and Article IX, section 5 of the Constitution of the state are intended to have the collective effort of ensuring the separation of government power among the three distinct branches of state government: the legislative branch, the executive branch, and the judicial branch; and are not intended to diminish or affect the nature and scope of each branch’s inherent power but, rather, to ensure that, absent express and lawful delegation, one branch does not exercise the power of another branch; and

WHEREAS, The addition of the words "separate and distinct" to Article V of the Constitution affirms that the three branches of government are and shall be separate from each other and distinct in the nature of the power exercised by each; except insofar as the general assembly chooses to delegate, according to law, certain of its legislative powers to the executive branch; and

WHEREAS, The deletion of Article VI, section 10 from the Constitution eliminates the provisions pursuant to which the general assembly has historically exercised power, executive in nature and in excess of its legislative power; but does not diminish or affect, in any way, the legislative power of the general assembly, which power the general assembly retains in full; and

WHEREAS, The amendment to Article III, section 6 of the Constitution, by providing expressly that no official or member of one branch of government shall hold simultaneously a position in another branch of government, further ensures the separation of governmental power among the three branches of state government; and

WHEREAS, The amendment to Article IX, section 5 of the Constitution vests in the governor, by and with the advice and consent of the senate, the power to appoint persons exercising executive power; except insofar as the general assembly may by law vest the power to appoint such inferior officers, as it deems proper, in the governor or in other specified officials of the department in which the appointment is to be made; and does not affect the appointment powers of the lieutenant governor, the treasurer, the attorney general, or the secretary of state; be it hereby".

Respectfully submitted,

FAUSTO C. ANGUILLA

Representative, District 68

Representatives Watson, Fox, Gorham, Kilmartin and Anguilla discuss the amendment.

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: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

Representative Smith requests the journal to reflect that if he had voted on the amendment, he would have voted in the affirmative.

There is no objection.

The resolution is read and passed, as amended, on a roll call vote, 66 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 66: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

(03-S 1140 as amended) Joint Resolution to approve and publish and submit to the electors a proposition of amendment to the Constitution of the State (separation of powers).

Representative Fox, seconded by Representatives Coderre and Anguilla, moves passage of the resolution.

By unanimous consent, Representative Anguilla, seconded by Representatives Fox, Carter and Reilly, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-S 1140 as amended)

Mr. Speaker:

I hereby move to amend (03-S 1140 as amended) entitled "JOINT RESOLUTION TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF AMENDMENT TO THE CONSTITUTION OF THE STATE (SEPARATION OF POWERS)" as follows:

By inserting, on page 1, line 1, before the word "RESOLVED," the following language"

"WHEREAS, The proposed amendments to Article III, Section 6, Article V, Article VI, and Article IX, section 5 of the Constitution of the state are intended to have the collective effort of ensuring the separation of government power among the three distinct branches of state government: the legislative branch, the executive branch, and the judicial branch; and are not intended to diminish or affect the nature and scope of each branch’s inherent power but, rather, to ensure that, absent express and lawful delegation, one branch does not exercise the power of another branch; and

WHEREAS, The addition of the words "separate and distinct" to Article V of the Constitution affirms that the three branches of government are and shall be separate from each other and distinct in the nature of the power exercised by each; except insofar as the general assembly chooses to delegate, according to law, certain of its legislative powers to the executive branch; and

WHEREAS, The deletion of Article VI, section 10 from the Constitution eliminates the provisions pursuant to which the general assembly has historically exercised power, executive in nature and in excess of its legislative power; but does not diminish or affect, in any way, the legislative power of the general assembly, which power the general assembly retains in full; and

WHEREAS, The amendment to Article III, section 6 of the Constitution, by providing expressly that no official or member of one branch of government shall hold simultaneously a position in another branch of government, further ensures the separation of governmental power among the three branches of state government; and

WHEREAS, The amendment to Article IX, section 5 of the Constitution vests in the governor, by and with the advice and consent of the senate, the power to appoint persons exercising executive power; except insofar as the general assembly may by law vest the power to appoint such inferior officers, as it deems proper, in the governor or in other specified officials of the department in which the appointment is to be made; and does not affect the appointment powers of the lieutenant governor, the treasurer, the attorney general, or the secretary of state; be it hereby".

Respectfully submitted,

FAUSTO C. ANGUILLA

Representative, District 68

The motion to amend is read and prevails on a roll call vote, 66 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 66: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

The resolution is read and passed, as amended, on a roll call vote, 66 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 66: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

TRANSMITTAL

By unanimous consent, (03-H 5081 as amended) and (03-S 1140 as amended) on the Clerk’s desk are ordered to be transmitted to the Honorable Senate forthwith.

 

CALENDAR

From the Calendar are taken:

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".

Representative Kennedy moves passage of the act, seconded by Representatives Lewiss and McHugh.

By unanimous consent, Representative Kennedy, seconded by Representatives Fox and Caprio, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 5918) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 5918) (Substitute "A") entitled "AN ACT RELATING TO CREDIT CARD LENDING," as follows:

(1)On page 4, lines 1 through 3, by deleting the sentence "A credit card lender may charge and collect any prepayment of charge specified in the agreement governing the plan in connection with the payoff and termination of a plan that is secured by a real estate mortgage."

(2) On page 4, line 29, by inserting a period "(.)" after the word "individual" and deleting the language "and in the event that an individual borrower’s outstanding unpaid indebtedness under".

(3) On page 4, by deleting lines 30 through 33.

(4) On page 5, line 4, by inserting a period "(.)" after the word "individual" and deleting the language "and in the event that the borrower’s outstanding unpaid indebtedness under the plan is".

(5) On page 5, by deleting lines 5 through 8.

(6) On page 11, line 9, by deleting the words "upon passage" and inserting in place thereof the language "on January 1, 2004".

Respectfully submitted,

BRIAN PATRICK KENNEDY

Representative, District 38

Representatives Watson, Kennedy and Caprio discuss the amendment.

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, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, 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, Smith, Story, Trillo, Watson, Williamson, Winfield.

NAYS — 0.

Representatives McNamara and Kennedy discuss the act as amended.

The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, on a roll call vote, 47 members voting in the affirmative and 10 members voting in the negative as follows:

YEAS — 47: The Honorable Speaker Murphy and Representatives Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Giannini, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Long, Lowe, Malik, McCauley, McHugh, Moffitt, Montanaro, Moura, Naughton, Picard, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Trillo, Williams, Williamson, Winfield.

NAYS — 10: Representatives Ajello, Caprio, Gorham, Handy, Jacquard, McManus, McNamara, Moran, Mumford, Watson.

 

2. (03-H 6157) An Act relating to taxation — manufacturing business tax.

Committee on Finance recommends passage.

Representative Fox moves passage of the act, seconded by Representatives Naughton, Trillo, Shavers, Lima, Sherlock, San Bento and Carter.

Read and passed, 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, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, 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, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

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".

Representative Fox moves passage of the act, seconded by Representatives Sherlock, Naughton, Rose, Moffitt, Mumford, Story, Trillo, Cerra and Shavers.

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on a roll call vote, 64 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 64: 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, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, 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, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

4. (03-H 5544) An Act relating to cities and towns — residency.

Committee on Corporations recommends passage.

Read, and by unanimous consent, ordered to be placed on the Calendar for Tuesday, July 1, 2003.

 

5. (03-H 5282) An Act relating to alcoholic beverages — wholesale licenses.

Committee on Corporations recommends passage.

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 Corporations.

 

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".

Representative Montanaro moves passage of the act, seconded by Representatives Lima, Handy, Jacquard, Trillo, Mumford and McNamara.

Representative Handy discusses 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 0 members voting in the negative as follows:

YEAS — 57: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shavers, Sherlock, Story, Trillo, Wasylyk, Watson, Williams, Winfield.

NAYS — 0.

 

7. (03-H 5075) An Act relating to military affairs.

Committee on Finance recommends passage.

Representative Gallison moves passage of the act, seconded by Representatives Naughton, Carter, Fox, Lima, Williamson, Giannini, Aubin, Shavers, Benson, Cerra, McHugh, Flaherty, San Bento, Kennedy, Picard, Coderre, Rose, Amaral, Moffitt, Savage and Long.

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, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, 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, Story, Trillo, Wasylyk, Watson, Williamson, Winfield.

NAYS — 0.

 

8. (03-H 5351) An Act relating to textbooks.

Committee on Finance recommends passage.

Representative Malik moves passage of the act, seconded by Representatives Naughton, Giannini, Benson, Petrarca, Carter, Rose, Cerra, Shavers, Winfield, Gallison, Aubin, Lima, Schadone, Benson and Brien.

Representatives Amaral and Malik discuss the act.

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: The Honorable Speaker Murphy and Representatives Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson.

NAYS — 0.

 

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".

Representative Kennedy moves passage of the act, seconded by Representatives Lewiss, Lally, Anguilla, Ajello, Petrarca, Long, Moura, Story and Jacquard.

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on a roll call vote, 64 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 64: 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, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, 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, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

TRANSMITTAL

By unanimous consent, all House matters on the Clerk’s desk are ordered to be transmitted to the Honorable Senate forthwith.

 

CALENDAR

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".

Representative Montanaro moves passage of the act, seconded by Representatives Petrarca and Kennedy.

Representatives Mumford, Montanaro, Costantino, Trillo, McNamara and Sherlock discuss the act.

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: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Corvese, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

Representative Costantino requests to hold (03-H 6540) (Substitute "A") on the desk.

There is no objection.

 

CALENDAR

11. (03-H 5582) An Act relating to courts and civil procedure — jury lists.

Committee on Judiciary recommends passage.

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.

 

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".

Representative Naughton moves passage of the act, seconded by Representatives Gallison, Menard, Carter and Aubin.

Representatives Watson and Naughton discuss the act.

Read, and by unanimous consent, ordered to be placed at the bottom of the next page of the Calendar as item no. 16A.

 

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 on the Calendar.

Representative Watson moves passage of the act, seconded by Representatives McNamara, Naughton, Moura, Trillo, Story, Amaral, Savage, Mumford and Gorham.

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, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

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.

Representative Moura moves passage of the act, seconded by Representatives Naughton, Fox, Enos, Handy, Giannini, Amaral, Savage, Kennedy, Cerra, Long, Landroche, Ajello and Shanley.

Representatives Gorham, Moura, Long, Kennedy and Handy discuss the act.

The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, on a roll call vote, 63 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 63: 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, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

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.

Representative Naughton moves passage of the act, seconded by Representatives Fox, Cerra and Shavers.

Representatives Watson and Naughton discuss the act.

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 1 member voting in the negative as follows:

YEAS — 61: 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, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Trillo, Wasylyk, Williams, Williamson, Winfield.

NAYS — 1: Representative Watson.

 

TRANSMITTAL

By unanimous consent, all House matters on the Clerk’s desk are ordered to be transmitted to the Honorable Senate forthwith, with the exception of bills being held on the desk.

 

CALENDAR

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".

Read, and by unanimous consent, ordered to be placed on the Calendar for Tuesday, July 1, 2003.

 

16A. (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".

The act has been moved and seconded supra.

By unanimous consent, Representative Naughton, seconded by Representative Shavers, offers a written motion to amend.

Representatives Dennigan, Naughton, Trillo, Watson and Mumford discuss the amendment.

Read, and by unanimous consent, ordered to be placed on the Calendar for Tuesday, July 1, 2003.

 

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.

Representative Dennigan moves passage of the resolution, seconded by Representatives Long, Savage, Handy, Giannini, Aubin, Reilly and Cerra.

Representatives Gorham and Dennigan discuss the resolution.

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: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

18. (03-H 5199) An Act relating to education — the Rhode Island Student Investment Initiative.

Committee on Health, Education and Welfare recommends passage.

Representative Giannini moves passage of the act, seconded by Representatives Lima, Menard, Naughton, Sherlock, Brien, Cerra, Benson, Handy, Malik, McNamara, Williams, San Bento, Lewiss, Coderre, Ajello, Corvese, Landroche, Kilmartin, Montanaro, Moura, Amaral, Smith and Carter.

By unanimous consent, Representative Giannini, seconded by Representative Sherlock, Malik, McNamara, Williams, Montanaro, Landroche, Cerra and Malik, offers Representative McNamara’s written motion to amend:

FLOOR AMENDMENT

TO

(03-H 5199)

Mr. Speaker:

I hereby move to amend (03-H 5199) entitled "AN ACT RELATING TO EDUCATION — THE RHODE ISLAND STUDENT INVESTMENT INITIATIVE" as follows:

1. On page 2, lines 9 through 13, inclusive, by deleting the language on said lines, and inserting in place thereof the following language:

"(4) Support for national board certification of teachers, application fees for a certificate of clinical competence issued by the American speech-language hearing association, and grants for coordination and support of school-based teacher professional development; and".

Respectfully submitted,

JOSEPH M. McNAMARA

Representative, District 19

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, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

Representative Lewiss discusses the act as amended.

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: 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, Gorham, Handy, Harwood, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

19. (03-H 6465) House Resolution supporting health care access for all Rhode Island residents.

Committee on Health, Education and Welfare recommends passage.

Representative Giannini moves passage of the resolution, seconded by Representatives Handy, Coderre, Ajello, Williams 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: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Handy, Harwood, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

20. (03-H 6473 as amended) An Act relating to health and safety.

Committee on Health, Education and Welfare recommends passage as amended.

Representative Giannini moves passage of the act, seconded by Representatives Fox, Menard, Shavers, Lima, Reilly, Picard and Cerra.

Read and passed, as amended, 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, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Trillo, Wasylyk, Williams, Williamson, Winfield.

NAYS — 0.

 

21. (03-H 5277) An Act relating to equal opportunity and affirmative action.

Committee on Separation of Powers recommends passage.

Representative McNamara moves passage of the act, seconded by Representatives Enos, Moura, Ajello, Almeida, Kilmartin, Montanaro, Coderre, Williams, Wasylyk, Cerra, Benson, Aubin, Brien, Picard, Giannini, Handy, Shavers, Fox, Shavers, Fox, Lima, Aubin, Brien, Williamson, Picard and Lima.

Representative Moura discusses the act.

Read and passed, on a roll call vote, 63 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 63: 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, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

NOW PRESIDING

At 6:00 o’clock P.M. the Honorable Speaker Murphy yields the rostrum to the Honorable Deputy Speaker Winfield.

 

CALENDAR

22. (03-H 5182) (Substitute "A") An Act relating to sports, racing and athletics — and extension of gambling activities and other facilities.

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 Tuesday, July 1, 2003.

 

23. (03-H 6554) Joint Resolution making an appropriation to pay certain claims.

Committee on Finance recommends passage.

Representative Sherlock moves passage of the resolution, seconded by Representatives Carter, Gallison, Ajello, Williams, Rose and Malik.

Read and passed, 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, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

TRANSMITTAL

By unanimous consent, all House matters on the Clerk’s desk are ordered to be transmitted to the Honorable Senate forthwith, with the exception of (03-H 6539) and (03-H 6540).

 

CALENDAR

24. (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 Representative Fox.

By unanimous consent, Representative Menard, seconded by Representatives Fox and Corvese, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-S 172)

Mr. Speaker:

I hereby move to amend (03-S 172) entitled "AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES" as follows:

On page 1, line 7, by deleting all of the language and inserting in place thereof the following:

"SECTION 2. Notwithstanding any other general or special law to the contrary, Representative Maxine Shavers may join Jo-Ann Cabral and William Henry Bradford III in marriage at a place within the city of Newport on or about July 27, 2003. Representative Shavers is hereby authorized and empowered to join the foregoing persons in marriage pursuant to and in accordance with chapter 15-3 of the general laws entitled "Solemnization of Marriages."

"SECTION 3. Notwithstanding any other general or special law to the contrary, the Honorable Vincent C. Westra, Chief Judge of the Eighth District Court in Kalamazoo County, Michigan, may join Alyssa Mankowsky and Todd Jones in marriage at a place within the city of Newport on or about June 21, 2003. Judge Westra is hereby authorized and empowered to join the foregoing persons in marriage pursuant to and in accordance with chapter 15-3 of the general laws entitled "Solemnization of Marriages."

"SECTION 4. Notwithstanding any other general or special law to the contrary, Mr. John D. Casey, may join Dennis Raymond Begin and Beth Ann Strom in marriage at a place within the town of Bristol on or about June 21, 2003. Mr. Casey is hereby authorized and empowered to join the foregoing persons in marriage pursuant to and in accordance with chapter 15-3 of the general laws entitled "Solemnization of Marriages."

 

"SECTION 5. Notwithstanding any other general or special law to the contrary, the Honorable Robert Kugler, Federal District Court Judge from New Jersey, may join Ann M. Holt and David Hammer in marriage at a place within the town of Tiverton on or about June 28, 2003. Judge Kugler is hereby authorized and empowered to join the foregoing persons in marriage pursuant to and in accordance with chapter 15-3 of the general laws entitled "Solemnization of Marriages."

 

"SECTION 6. Notwithstanding any other general or special law to the contrary, M. Robert Markowitz of Newton Square, Pennsylvania, may join Vera Marie Tovino and Geroeg Joseph Halter, III in marriage at a place within the city of Newport on or about September 27, 2003. M. Robert Markowitz is hereby authorized and empowered to join the foregoing persons in marriage pursuant to and in accordance with chapter 15-3 of the general laws entitled "Solemnization of Marriages."

"SECTION 7. Notwithstanding any other general or special law to the contrary, Richard J. Hiller of New York, NY, may join Chimene I. Keitner and Ram A. Fish in marriage at a place within the state of Rhode Island on or about September 13, 2003. Mr. Hiller is hereby authorized and empowered to join the foregoing persons in marriage pursuant to and in accordance with chapter 15-3 of the general laws entitled "Solemnization of Marriages."

SECTION 8. This act shall take effect upon passage."

Respectfully submitted,

RENE R. MENARD

Representative, District 45

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, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, 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, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

Read and passed, as amended, 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, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, 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, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

25. (03-S 175) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage in concurrence.

Representative Menard moves passage of the act, seconded by Representative Fox.

By unanimous consent, Representative Menard, seconded by Representative Fox, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-S 175)

Mr. Speaker:

I hereby move to amend (03-S 175) entitled "AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES" as follows:

 

On page 1, after line 6, by adding the following language:

"SECTION 2. Notwithstanding any other general or special law to the contrary, Representative Maxine Shavers may join Jo-Ann Cabral and William Henry Bradford III in marriage at a place within the city of Newport on or about July 27, 2003. Representative Shavers is hereby authorized and empowered to join the foregoing persons in marriage pursuant to and in accordance with chapter 15-3 of the general laws entitled "Solemnization of Marriages."

"SECTION 3. Notwithstanding any other general or special law to the contrary, the Honorable Vincent C. Westra, Chief Judge of the Eighth District Court in Kalamazoo County, Michigan, may join Alyssa Mankowsky and Todd Jones in marriage at a place within the city of Newport on or about June 21, 2003. Judge Westra is hereby authorized and empowered to join the foregoing persons in marriage pursuant to and in accordance with chapter 15-3 of the general laws entitled "Solemnization of Marriages."

"SECTION 4. Notwithstanding any other general or special law to the contrary, Mr. John D. Casey, may join Dennis Raymond Begin and Beth Ann Strom in marriage at a place within the town of Bristol on or about June 21, 2003. Mr. Casey is hereby authorized and empowered to join the foregoing persons in marriage pursuant to and in accordance with chapter 15-3 of the general laws entitled "Solemnization of Marriages."

 

"SECTION 5. Notwithstanding any other general or special law to the contrary, the Honorable Robert Kugler, Federal District Court Judge from New Jersey, may join Ann M. Holt and David Hammer in marriage at a place within the town of Tiverton on or about June 28, 2003. Judge Kugler is hereby authorized and empowered to join the foregoing persons in marriage pursuant to and in accordance with chapter 15-3 of the general laws entitled "Solemnization of Marriages."

"SECTION 6. Notwithstanding any other general or special law to the contrary, M. Robert Markowitz of Newton Square, Pennsylvania, may join Vera Marie Tovino and Geroeg Joseph Halter, III in marriage at a place within the city of Newport on or about September 27, 2003. M. Robert Markowitz is hereby authorized and empowered to join the foregoing persons in marriage pursuant to and in accordance with chapter 15-3 of the general laws entitled "Solemnization of Marriages."

"SECTION 7. Notwithstanding any other general or special law to the contrary, Richard J. Hiller of New York, NY, may join Chimene I. Keitner and Ram A. Fish in marriage at a place within the state of Rhode Island on or about September 13, 2003. Mr. Hiller is hereby authorized and empowered to join the foregoing persons in marriage pursuant to and in accordance with chapter 15-3 of the general laws entitled "Solemnization of Marriages."

SECTION 8. This act shall take effect upon passage."

Respectfully submitted,

RENE R. MENARD

Representative, District 45

The motion to amend is read and prevails 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, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shavers, Sherlock, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

Read and passed, as amended, on a roll call vote, 56 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 56: Representatives Ajello, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Petrarca, Picard, Reilly, San Bento, Savage, Schadone, Shavers, Sherlock, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

26. (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.

Representative Kennedy moves passage of the act, seconded by Representatives Ajello and Moura.

Read and passed, as amended, in concurrence, on a roll call vote, 57 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 57: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Gorham, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shavers, Sherlock, Smith, Story, Trillo, Wasylyk, Watson, Williamson, Winfield.

NAYS — 0.

 

27. (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.

Representative Kennedy moves passage of the act, seconded by Representatives Fox and Carter.

Read and passed, in concurrence, 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, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shavers, Sherlock, Smith, Story, Trillo, Wasylyk, Watson, Williamson, Winfield.

NAYS — 0.

 

28. (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.

Read, and by unanimous consent, ordered to be placed on the Calendar for Tuesday, July 1, 2003.

 

29. (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.

Representative Flaherty moves passage of the act, seconded by Representatives Shavers, Cerra, Landroche and Fox.

The bill marked Substitute "A" is read and passed, as amended, 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 Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Wasylyk, Watson, Williamson, Winfield.

NAYS — 0.

Representative Trillo requests the journal to reflect that if he had voted on (03-S 249) (Substitute "A"), he would have voted in the affirmative.

There is no objection.

 

30. (03-S 669) An Act relating to businesses and professions — telephone sales solicitation act.

Committee on Corporations recommends passage in concurrence.

Representative Kennedy moves passage of the act, seconded by Representative Naughton.

By unanimous consent, Representative Kennedy, seconded by Representative Naughton, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-S 669)

Mr. Speaker:

I hereby move to amend (03-S 669) entitled "AN ACT RELATING TO BUSINESSES AND PROFESSIONS — TELEPHONE SALES SOLICITATION ACT" as follows:

1. On page 1, line 13, by deleting the word "order" and inserting in place thereof the word "offer".

2. On page 2, line 9, by inserting "(v)" before the word "This".

Respectfully submitted,

BRIAN PATRICK KENNEDY

Representative, District 38

The motion to amend is read and prevails on a roll call vote, 63 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 63: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, 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, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

Read and passed, as amended, on a roll call vote, 54 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 54: Representatives Ajello, Amaral, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, DeSimone, Enos, Flaherty, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Long, Lowe, Malik, McCauley, McHugh, McManus, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Petrarca, Picard, Reilly, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

31. (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".

Representative Ajello moves passage of the act, seconded by Representatives Carter, Handy, Giannini, Naughton, Rose, McNamara, Coogan, McManus and Story.

Representatives Mumford, Long, Ajello and Carter discuss the act.

The bill marked Substitute "A" is read and passed, 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, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Giannini, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

32. (03-S 265) An Act relating to businesses and professions — patient protection act.

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

Representative McNamara moves passage of the act, seconded by Representatives Giannini, Benson, Naughton, Cerra and Shavers.

Read and passed, in concurrence, 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, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

33. (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.

Read, and by unanimous consent, ordered to be placed on the Calendar for Tuesday, July 1, 2003.

 

34. (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.

Representative Giannini moves passage of the act, seconded by Representative Fox.

Representatives Corvese and Giannini discuss the act.

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, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Trillo, Watson, Williams, Winfield.

NAYS — 0.

 

35. (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.

Representative Flaherty moves passage of the act, seconded by Representative Fox.

The bill marked Substitute "A" is read and passed, as amended, 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 Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Trillo, Wasylyk, Watson, Williams, Winfield.

NAYS — 0.

 

36. (03-S 501 as amended) An Act relating to public utilities and carriers — railroad preservation.

Committee on Finance recommends passage as amended in concurrence.

Representative Sherlock moves passage of the act, seconded by Representatives Fox, Dennigan and Kilmartin.

Representatives Coogan, Sherlock and Menard discuss the act.

Read, and by unanimous consent, ordered to be placed on the Calendar for Tuesday, July 1, 2003.

 

37. (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".

Read, and by unanimous consent, ordered to be placed on the bottom of the next page of the Calendar as item no. 44A.

 

38. (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.

Representative Flaherty 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, 55 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 55: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Cerra, Coderre, Costantino, Dennigan, DeSimone, Enos, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

Representative Corvese requests the journal to reflect that if he had voted on (03-S 717) (Substitute "A"), he would have voted in the affirmative.

There is no objection.

 

39. (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.

Representative Shanley moves passage of the act, seconded by Representatives Mumford, Enos, Lally, McHugh and Kennedy.

The bill marked Substitute "A" is read and passed, as amended, 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 Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

40. (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.

Representative Shanley moves passage of the act, seconded by Representatives Enos, Mumford, Gorham, Carter, Benson and Kennedy.

The bill marked Substitute "A" is read and passed, as amended, in concurrence, 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, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Malik, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 1: Representative Lowe.

 

41. (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.

Representative Menard moves passage of the act, seconded by Representatives McHugh and Carter.

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, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Trillo, Wasylyk, Watson, Williams, Winfield.

NAYS — 0.

 

42. (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.

Read, and by unanimous consent, ordered to be placed on the Calendar for Wednesday, July 2, 2003.

 

43. (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.

Representative Long moves passage of the act, seconded by Representatives Watson and Shavers.

The bill marked Substitute "A" is read and passed, in concurrence, and the original bill indefinitely postponed, on a roll call vote, 50 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 50: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Brien, Caprio, Carter, Cerra, Coogan, Corvese, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Malik, McHugh, McManus, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Shavers, Sherlock, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

44. (03-S 355) An Act relating to taxation — levy and assessment of local taxes.

Committee on Corporations recommends passage in concurrence.

Read, and by unanimous consent, ordered to be placed on the Calendar for Wednesday, July 2, 2003.

 

44A. (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".

Representative Carter moves passage of the act, seconded by Representatives Sherlock and McNamara.

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

FLOOR AMENDMENT

TO

(03-S 1034) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-S 1034) (Substitute "A") entitled "AN ACT RELATING TO MOTOR AND OTHER VEHICLES — OPERATORS’ AND CHAUFFEURS’ LICENSES" as follows:

1. On page 2, line 31, by striking the date "February 15, 2004" and inserting in place 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, 51 members voting in the affirmative and 1 member voting in the negative as follows:

YEAS — 51: Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, San Bento, Schadone, Shavers, Sherlock, Story, Trillo, Wasylyk, Williams, Williamson, Winfield.

NAYS — 1: Representative Watson.

The bill marked Substitute "A" is read and passed, as amended and the original bill indefinitely postponed, on a roll call vote, 56 members voting in the affirmative and 1 member voting in the negative as follows:

YEAS — 56: Representatives Ajello, Almeida, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Story, Trillo, Wasylyk, Williams, Williamson, Winfield.

NAYS — 1: Representative Watson.

 

45. (03-S 471) An Act relating to property — residential landlord and tenant act.

Committee on Corporations recommends passage in concurrence.

Representative Kilmartin moves passage of the act, seconded by Representatives Fox and San Bento.

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, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

46. (03-S 588 as amended) An Act relating to creating the Urban Infrastructure Commission.

Committee on Corporations recommends passage as amended.

Representative Kennedy moves passage of the act, seconded by Representatives Dennigan, Carter, Handy, San Bento and Jacquard.

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: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Gallison, Gorham, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

47. (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.

Representative Kennedy moves passage of the act, seconded by Representative McHugh.

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, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Trillo, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

48. (03-S 288 as amended) An Act relating to commercial law — credit card lending.

Committee on Corporations recommends passage as amended in concurrence.

Representative Kennedy moves passage of the act, seconded by Representative Fox.

By unanimous consent, Representative Kennedy, seconded by Representative Fox, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-S 288 as amended)

Mr. Speaker:

I hereby move to amend (03-288 as amended) entitled "AN ACT RELATING TO COMMERCIAL LAW — CREDIT CARD LENDING" as follows:

On page 5, by deleting lines 9 through 18 and inserting in place thereof the following:

"6-26.1-9. DELINQUENT INSTALLMENTS. — (a) If the agreement governing a credit card plan so provides, a credit card lender may import, as interest, a late or delinquency charge upon any outstanding unpaid installment payments or portions thereof under the plan which are in default; provided, however, that no more than one such late or delinquency charge may be imposed in respect of any single such installment payment or portion there, regardless of the period during which it remains in default; provided further, however, that for the purpose only of the preceding provision all payments by the borrower shall be deemed to be applied to satisfaction of installment payments in the order in which they become due. Nothing contained in this section shall limit, restrict or otherwise affect the right of a credit card lender to change the percentage rate or rates of interest applicable to the credit plan between the credit card lender and a borrower upon the occurrence of a delinquency or default or other failure of the borrower to perform in accordance with the terms of the plan."

Respectfully submitted,

BRIAN PATRICK KENNEDY

Representative, District 38

The motion to amend is read and prevails on a roll call vote, 55 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 55: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Watson, Williams, Williamson, Winfield.

NAYS — 0.

By unanimous consent, Representative Kennedy, seconded by Representative Fox, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-S 288 as amended)

Mr. Speaker:

I hereby move to amend (03-S 288 as amended) entitled "AN ACT RELATING TO COMMERCIAL LAW — CREDIT CARD LENDING" as follows:

(1) On page 2, line 6, by deleting the word "prepayment" and inserting in place thereof the word "repayment".

(2) On page 4, lines 1 through 3, by deleting the sentence "A credit card lender may charge and collect any prepayment or charge specified in the agreement governing the plan in connection with the payoff and termination of a plan that is secured by a real estate mortgage."

(3) On page 4, line 29, by inserting a period "(.)" after the word "individual" and deleting the language ", and in the event that an individual borrower’s outstanding unpaid indebtedness under".

(4) On page 4, by deleting lines 30 and 33.

(5) On page 5, line 4, by inserting a period "(.)" after the word "individual" and deleting the language ", and in the event that an individual borrower’s outstanding unpaid indebtedness under the plan is".

(6) On page 5, by deleting lines 5 through 8.

(7) On page 11, line 4, by deleting the words "upon passage" and inserting in place thereof the language "on January 1, 2004".

Respectfully submitted,

BRIAN PATRICK KENNEDY

Representative, District 38

The motion to amend is read and prevails 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, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shavers, Sherlock, Smith, Story, Watson, Williams, Williamson, Winfield.

NAYS — 0.

Read and passed, as amended, on a roll call vote, 46 members voting in the affirmative and 6 members voting in the negative as follows:

YEAS — 46: Representatives Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Long, Lowe, McCauley, McHugh, McManus, Menard, Montanaro, Moura, Mumford, Naughton, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shavers, Sherlock, Smith, Story, Williams, Williamson, Winfield.

NAYS — 6: Representatives Ajello, Caprio, Coogan, Gorham, Moran, Watson.

 

49. (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.

Read, and by unanimous consent, ordered to be placed on the Calendar for Wednesday, July 2, 2003.

 

NOW PRESIDING

At 6:38 o’clock P.M. the Honorable Deputy Speaker Winfield yields the rostrum to the Honorable Speaker Murphy.

 

CALENDAR

50. (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.

Representative Kennedy moves passage of the act, seconded by Representatives Rose, Reilly and Coderre.

The bill marked Substitute "A" is read and passed, in concurrence, 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, Cerra, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Fox, Gallison, Giannini, Gorham, Handy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Shavers, Sherlock, Smith, Story, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

51. (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.

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: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Story, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

52. (03-S 820) An Act relating to public utilities and carriers — Public Utilities Commission.

Committee on Corporations recommends passage in concurrence.

Read, and by unanimous consent, ordered to be placed on the Calendar for Wednesday, July 2, 2003.

 

53. (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.

Representative Kennedy moves passage of the act, seconded by Representatives Kilmartin, Rose, Dennigan and Coderre.

Read and passed, in concurrence, on a roll call vote, 60 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 60: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

54. (03-S 1123 as amended) An Act relating to insurers’ rehabilitation and liquidation act.

Committee on Corporations recommends passage as amended in concurrence.

Read, and by unanimous consent, ordered to be placed on the Calendar for Wednesday, July 2, 2003.

 

55. (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".

Representative Montanaro moves passage of the act, seconded by Representatives Lima, Handy, Mumford and McNamara.

The bill marked Substitute "A" is read and passed, 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: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

Representative Montanaro requests to hold the act on the Desk.

There is no objection.

 

56. (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.

Representative Flaherty moves passage of the act, seconded by Representatives Anguilla, Picard, Benson, Savage and Amaral.

Representatives Picard and Flaherty discuss the act.

The bill marked Substitute "A" is read and passed, in concurrence, 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: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

Representative Flaherty requests to hold the act on the Desk.

There is no objection.

 

57. (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".

Representative Giannini moves passage of the act, seconded by Representative Handy.

Representatives Watson, Lima, Dennigan, Petrarca, Reilly and Giannini discuss the act.

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, 58 members voting in the affirmative and 3 members voting in the negative as follows:

YEAS — 58: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Wasylyk, Williams, Williamson, Winfield.

NAYS — 3: Representatives Gorham, Mumford, Watson.

 

58. (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.

Representative McNamara moves passage of the act, seconded by Representatives Benson and Giannini.

Representatives Amaral and Montanaro discuss the act.

The bill marked Substitute "A" is read and passed, in concurrence, and the original bill indefinitely postponed, on a roll call vote, 45 members voting in the affirmative and 10 members voting in the negative as follows:

YEAS — 45: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Handy, Jacquard, Kennedy, Lally, Landroche, Lewiss, Lima, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Mumford, Naughton, Picard, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Story, Williamson.

NAYS — 10: Representatives Almeida, Gorham, Kilmartin, Long, Montanaro, Moran, Moura, Petrarca, Reilly, Williams.

Representative Gorham requests the journal to reflect that he voted incorrectly on (03-S 595) (Substitute "A"). He should have voted in the affirmative.

There is no objection.

 

59. (03-S 568) An Act relating to food and drugs.

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

Read, and by unanimous consent, ordered to be placed on the Calendar for Wednesday, July 2, 2003.

 

60. (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.

Read, and by unanimous consent, ordered to be placed on the Calendar for Wednesday, July 2, 2003.

 

RECONSIDERATION

From the Desk is taken:

(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.

Representative Watson, seconded by Representative Mumford, moves to reconsider the resolution.

There is no objection.

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

Representative Watson, seconded by Representative Mumford, moves passage of the resolution.

By unanimous consent, Representative Watson, seconded by Representatives Amaral and Mumford, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6539)

Mr. Speaker:

I hereby move to amend (03-H 6539) entitled "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," as follows:

(1) On page 1, line 8, by deleting the word and figure "seven (7)" and inserting in place thereof the word and figure ::nine (9)".

(2) On page 1, line 15, by deleting the word "and".

(3) On page 1, line 16, by deleting the period "(.)" and inserting in place thereof a semicolon "(;)" and by inserting thereafter the following language:

"(8) a minority member of the House of Representatives appointed by the Speaker of the House; and

(9) a minority member of the Senate appointed by the President of the Senate."

Respectfully submitted,

ROBERT A. WATSON

Representative, District 30

Representatives Kennedy, Gorham and Fox discuss the amendment.

The motion to amend is read and prevails on a roll call vote, 47 members voting in the affirmative and 11 members voting in the negative as follows:

YEAS — 47: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Jacquard, Lally, Landroche, Lima, Long, Malik, McCauley, McManus, McNamara, Moran, Moura, Mumford, Petrarca, Picard, Rose, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Wasylyk, Watson, Williams, Williamson.

NAYS — 11: Representatives Coderre, Coogan, Kennedy, Kilmartin, Lewiss, Lowe, McHugh, Montanaro, Reilly, San Bento, Winfield.

The resolution is 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: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

FROM THE DESK

From the Desk are taken:

(03-S 1163) An Act to vacate the forfeiture or revocation of the charter of Potowomut Investment Company.

Representative Fox, seconded by Representative Sherlock, moves passage of the act.

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: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Petrarca, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

(03-S 1167) An Act to vacate the forfeiture or revocation of the charter of Nathanael Greene Fraternal Association.

Representative Fox, seconded by Representative Carter, moves passage of the act.

Read and passed, in concurrence, 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, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Landroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

(03-S 1169) An Act to vacate the forfeiture or revocation of the charter of Al and Betty Enterprises, Inc.

Representative Fox, seconded by Representatives Lima and Carter, moves passage of the act.

Read and passed, in concurrence, 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, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Landroche, Lewiss, Lima, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shavers, Sherlock, Smith, Story, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

(03-S 1171) An Act to vacate the forfeiture or revocation of the charter of Premier Motors, Inc.

Representative Fox, seconded by Representative Watson, moves passage of the act.

Read and passed, in concurrence, on a roll call vote, 60 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 60: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

HOLD ON THE DESK

Representative Coogan requests to hold (03-S 1091) on the Desk.

There is no objection.

 

TRANSMITTAL

By unanimous consent, all matters on the Clerk’s desk are ordered to be transmitted to the Honorable Secretary of State, and to the Honorable Senate forthwith, with the exception of certain Senate bills not yet released.

 

ANNOUNCEMENTS

Representative Sherlock announces that the Committee on Finance will meet tomorrow at 2:30 o’clock P.M. in Room 35 of the State House.

Also:

Representative Corvese announces that the Committee on Labor will meet tomorrow at 3:30 o’clock P.M. in Room 201 of the State House.

Also:

Representative Kennedy announces that the Committee on Corporations will meet tomorrow at 3:30 o’clock P.M. in Room 203 of the State House.

Also:

Representative Giannini announces that the Committee on Health, Education and Welfare will meet tomorrow at 3:00 o’clock P.M. in Room 135 of the State House.

 

ADJOURNMENT

At 7:06 o’clock P.M. on motion of Representative Costantino, and as a further mark of respect to the memory of Mary Samatis Copponi; on motion of Representative Kilmartin, and as a further mark of respect to the memory of Joseph T. McHale; on motion of Representative Reilly, and as a further mark of respect to the memory of Douglas R. Pearson; on motion of Representative Cerra, and as a further mark of respect to the memory of Ralph Macera, father of Mayor Macera of Johnston; on motion of Representative Watson, and as a further mark of respect to the memory of Margaret Jean Scott, mother of Representative Joseph Scott; seconded by Representatives Fox and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY

Recording Clerk

 

Appendix

_________

INVOCATION

REPRESENTATIVE JOANNE M. GIANNINI

Lord, may is be Thy will, not our own, which governs our deliberations this day. Amen.

 

Appendix

_________

CALENDAR

In order for Tuesday, July 1, 2003:

1. (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".

 

2. (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".

 

3. (03-H 5182) (Substitute "A") An Act relating to sports, racing and athletics — and extension of gambling activities and other facilities.

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

 

4. (03-H 6337) (Substitute "A") An Act relating to homestead exemptions in the town of Lincoln.

Ordered on the Calendar.

 

5. (03-H 5544) An Act relating to cities and towns — residency.

Committee on Corporations recommends passage.

 

6. (03-H 6591) An Act relating to delinquent and dependent children – interstate compact on juveniles.

Ordered on the Calendar.

 

7. (03-H 5237) (Substitute "A") An Act relating to pharmaceutical assistance to the elderly.

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

 

8. (03-H 5410) (Substitute "A") An Act relating to taxation — personal income tax.

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

 

9. (03-H 5415) (Substitute "A") An Act relating to state affairs and government — generic drugs.

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

 

10. (03-H 5881) (Substitute "A") An Act relating to taxation — mill building and economic revitalization act.

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

 

11. (03-H 5602) An Act relating to workers’ compensation.

Committee on Labor recommends passage.

 

12. (03-H 6487) An Act relating to taxation.

Committee on Corporations recommends passage.

 

13. (03-H 6578) An Act relating to tree wardens.

Committee on Corporations recommends passage.

 

14. (03-H 6522) An Act relating to divorce and separation — child support.

Committee on Judiciary recommends passage.

 

15. (03-H 5444) An Act relating to property — residential landlord tenant act.

Committee on Judiciary recommends passage.

 

16. (03-H 5382) An Act relating to residential landlord and tenant act.

Committee on Judiciary recommends passage.

 

17. (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.

 

18. (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.

 

19. (03-S 501 as amended) An Act relating to public utilities and carriers — railroad preservation.

Committee on Finance recommends passage as amended in concurrence.

 

20. (03-S 1013 as amended) An Act relating to homestead exemptions in the town of Lincoln.

Ordered on the Calendar.

 

21. (03-S 197) (Substitute "A") An Act relating to taxation — personal income tax.

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

 

22. (03-S 777) (Substitute "B") An Act relating to monuments and memorials.

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

 

23. (03-S 424) (Substitute "A") An Act relating to Division of Motor Vehicles.

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

 

24. (03-S 594) An Act relating to education.

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

 

25. (03-S 867) An Act relating to education — private schools.

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

 

26. (03-S 857 as amended) An Act relating to insurance — workers’ compensation insurance fund.

Committee on Labor recommends passage as amended in concurrence.

 

27. (03-S 598) An Act relating to labor and labor relations — hazardous substances.

Committee on Labor recommends passage in concurrence.

 

28. (03-S 603) An Act relating to businesses and professions — electricians.

Committee on Labor recommends passage in concurrence.

 

29. (03-S 1073) (Substitute "A" as amended) An Act relating to businesses and professions — telecommunications.

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

 

30. (03-S 590) An Act relating to holidays and days of special observance — days of special observance.

Committee on Labor recommends passage in concurrence.

 

31. (03-S 626) (Substitute "B") An Act relating to workers’ compensation — benefits.

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

 

32. (03-S 1122) (Substitute "A" as amended) An Act relating to securities.

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

 

33. (03-S 469) An Act relating to property — residential landlord tenant act.

Committee on Judiciary recommends passage in concurrence.

 

34. (03-S 240) (Substitute "A") An Act relating to boats — title.

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

 

35. (03-S 237) An Act relating to towns and cities — zoning ordinances.

Committee on Judiciary recommends passage in concurrence.

 

36. (03-S 386) An Act relating to delinquent and dependent children — interstate compact on juveniles.

Committee on Judiciary recommends passage in concurrence.

 

37. (03-S 1106) An Act relating to domestic relations — divorce and separation.

Committee on Judiciary recommends passage in concurrence.

 

38. (03-S 492) (Substitute "A") An Act relating to property — residential landlord and tenant act.

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

 

39. (03-S 480) (Substitute "A") An Act relating to criminal offenses — sexual offender registration and community notification.

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

 

40. (03-S 459) (Substitute "A" as amended) An Act relating to property — mechanics liens.

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

 

41. (03-S 385) (Substitute "B") An Act relating to motor and other vehicles.

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

 

42. (03-S 236) (Substitute "A" as amended) An Act relating to state affairs and government — lobbying of state employees.

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

 

43. (03-S 1023 as amended) An Act relating to Family Court.

Committee on Judiciary recommends passage as amended in concurrence.

 

44. (03-S 134) (Substitute "A" as amended) An Act relating to criminal offenses — children.

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

 

Appendix

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CALENDAR

In order for Wednesday, July 2, 2003:

1. (03-S 355) An Act relating to taxation — levy and assessment of local taxes.

Committee on Corporations recommends passage in concurrence.

 

2. (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.

 

3. (03-S 820) An Act relating to public utilities and carriers — Public Utilities Commission.

Committee on Corporations recommends passage in concurrence.

 

4. (03-S 1123 as amended) An Act relating to insurers’ rehabilitation and liquidation act.

Committee on Corporations recommends passage as amended in concurrence.

 

5. (03-S 568) An Act relating to food and drugs.

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

 

6. (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.

 

7. (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.

 

LOUIS D’ANTUONO

Clerk of the House

Monday, June 30, 2003