The House of Representatives meets at the State House in Providence, Wednesday, July 2, 2003, and is called to order at 2:40 o’clock P.M., by the Honorable William J. Murphy, Speaker.

The roll is called and a quorum is declared present with 71 members present and 3 members absent as follows:

PRESENT — 71: 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, Ginaitt, Gorham, Handy, Harwood, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

ABSENT — 3: Representatives Faria, Palumbo, Scott.

INVOCATION

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

(For Invocation, see Appendix, this Journal.)

CORRECTION

By unanimous consent, the House Journal of Tuesday, July 1, 2003, is hereby corrected on page 3, column 1, line 10 by deleting (03-H 6251) and inserting (03-H 6521).

APPROVAL OF RECORD

By unanimous consent, the House Journal of Tuesday, July 1, 2003, is approved as corrected.

COMMUNICATION

The Honorable Speaker announces the receipt of the following communication:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

HOUSE OF REPRESENTATIVES

July 2, 2003

The Honorable William J. Murphy

Speaker of the House of Representatives

323 State House

Providence, RI 02903

Dear Speaker Murphy:

I, Representative Norman L. Landroche, will be arriving late for today’s House session. I have a 2:00 p.m. doctor’s appointment.

Respectfully,

NORMAN L. LANDROCHE, JR.

Representative, District 27

Received and ordered to be placed on file.

ANNOUNCEMENT

Congratulations and best wishes to Representative and Mrs. Diane Gallison in celebration of their 25th wedding anniversary.

GUESTS

At 2:42 o’clock P.M., the Honorable Speaker yields the rostrum to Representative Giannini.

By unanimous consent, Representatives Giannini and Benson, along with the Women’s Legislative Caucus, address the members of the House and welcome to the House Cristin Langworthy.

Representative Benson presents Cristin with the Women’s Legislative Caucus Leadership Award.

Representatives Benson and Carter welcome to the House Chambers Kevin Robillard from North Kingstown High School and present him with a citation for perfect attendance for all four years of high school.

At 2:50 o’clock P.M. the Honorable Speaker returns to the rostrum.

NEW BUSINESS

Representatives Gallison, Anguilla, Enos and Kilmartin introduce (03-H 6602) House Resolution creating a special House commission to study all matters relating to transportation between the mainland and Hog Island.

Representative Gallison requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Gallison, seconded by Representatives Enos, Anguilla, McManus, Reilly and Aubin, and by unanimous consent, on a voice vote.

Representatives Fox and Corvese introduce (03-H 6603) House Resolution proclaiming a sister alliance with the Province of Taiwan, Republic of China.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

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

Representative McManus introduces (03-H 6604) House Resolution congratulating William and Christina Hunter on the joyous occasion of their 65th wedding anniversary.

Representative McManus requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative McManus, seconded by Representatives Amaral, Savage and Moffitt, and by unanimous consent, on a voice vote.

Representative Flaherty introduces (03-H 6605) An Act relating to criminal procedure — preliminary proceedings in district courts.

Read and referred to the Committee on Judiciary.

Representative Williamson introduces (03-H 6606) An Act relating to district court.

Read and referred to the Committee on Judiciary.

Representatives Moura, Williams, Ajello, Tejada and Almeida introduce (03-H 6607) Joint Resolution creating a special legislative commission to study the feasibility of expanding the number of applications required to obtain an operators’ and chauffeurs’ license.

Representative Moura requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Moura, seconded by Representative Ajello, 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, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Landroche, Lima, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Shanley, Shavers, Sherlock, Story, Tejada, Trillo, Watson, Williams, Winfield.

NAYS — 0.

Representatives Murphy and Moura introduce (03-H 6608) House Resolution creating a special legislative commission to study all aspects of vicarious liability pertaining to auto-leasing and rental companies in the State of Rhode Island.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

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

NOW PRESIDING

At 2:53 o’clock P.M. the Honorable Speaker Murphy yields the rostrum to the Honorable Deputy Speaker Winfield.

CALENDAR

From the Calendar are taken:

1. (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 Ginaitt moves passage of the act, seconded by Representative Fox.

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

FLOOR AMENDMENT

TO

(03-H 6214) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6214) (Substitute "A") entitled "AN ACT RELATING TO HEALTH AND SAFETY — REFUSE DISPOSAL" as follows:

(1) By deleting all language after the enactment clause and inserting in place thereof the following:

"SECTION 1. Chapter 23-18.9 of the General Laws entitled "Refuse Disposal" is hereby amended by adding thereto the following new section:

SECTION 2. This act shall take effect upon passage."

Respectfully submitted,

EILEEN S. NAUGHTON

Representative, District 21

The motion to amend is read and prevails on a roll call vote, 48 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 48: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Brien, Callahan, Caprio, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kilmartin, Lima, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Story, Trillo, Wasylyk, Williamson, Winfield.

NAYS — 0.

Representatives Moffitt, Naughton, Gorham and Watson 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, 48 members voting in the affirmative and 4 members voting in the negative as follows:

YEAS — 48: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Giannini, Handy, Kennedy, Kilmartin, Laroche, Lima, Lowe, Malik, McHugh, McNamara, Menard, Montanaro, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Story, Trillo, Wasylyk, Williamson, Winfield.

NAYS — 4: Representatives Gorham, McManus, Moffitt, Watson.

2. (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".

Representative Costantino moves passage of the act, seconded by Representatives Dennigan, Anguilla and Reilly.

By unanimous consent, Representative Costantino, seconded by Representative Reilly, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 5415) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 5415) (Substitute "A") entitled "AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT — GENERIC DRUGS" as follows:

(1) By deleting all language after the enactment clause and inserting in place thereof the following:

"SECTION 1. Chapter 40-8 of the General Laws entitled "Medical Assistance" is hereby amended by adding thereto the following section:

40-8-25. SUBSTITUTION OF LESS EXPENSIVE DRUGS. — In accordance with section 21-31-16.1, generic drugs may be substituted for specific, less expensive therapeutically equivalent and interchangeable brand name drugs and pharmaceuticals. In the case of drugs purchased by the Medical Assistance Program, when determining if a generic drug is less expensive than therapeutically equivalent and interchangeable brand name drugs, the director shall consider the amount paid by the state to the pharmacy for a drug under the current retail pharmacy reimbursement formula, less any discounts or rebate, and inclusive of all dispensing fees.

SECTION 2. This act shall take effect upon passage."

Respectfully submitted,

STEVEN M. COSTANTINO

Representative, District 8

Representatives Costantino and Dennigan discuss the amendment.

The motion to amend is read and prevails on a roll call vote, 53 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 53: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Kennedy, Kilmartin, Laroche, Lima, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Mumford, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williamson, Winfield.

NAYS — 0.

The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, on a roll call vote, 54 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 54: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Kennedy, Kilmartin, Laroche, Lima, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Mumford, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Williamson, Winfield.

NAYS — 0.

3. (03-H 5642) An Act relating to education.

Committee on Finance recommends passage.

Representative Crowley moves passage of the act, seconded by Representatives Lima, Carter, Benson, Aubin, Shavers, McNamara, Kilmartin and Naughton.

Representatives Picard, Crowley and Lima discuss the act.

Read and passed, on a roll call vote, 51 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 51: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Laroche, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Williamson, Winfield.

NAYS — 0.

Representative Lima requests the journal to reflect that if she had voted on (03-H 5642), she would have voted in the affirmative.

There is no objection.

4. (03-H 6158) An Act relating to state affairs and government — jobs development act.

Committee on Finance recommends passage.

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

Representatives Wasylyk, Sherlock and Smith discuss the act.

Read and passed, on a roll call vote, 51 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 51: Representatives Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Kilmartin, Laroche, Lima, Lowe, Malik, McHugh, McNamara, Menard, Moffitt, Montanaro, Moran, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Wasylyk, Williamson, Winfield.

NAYS — 0.

Representative Long requests the journal to reflect that if he had voted on (03-H 6158), he would have voted in the affirmative.

There is no objection.

5. (03-H 6521) An Act relating to libraries — state aid to libraries.

Committee on Finance recommends passage.

Representative Sherlock moves passage of the act, seconded by Representatives Lima, Giannini, Benson, Tejada, Cerra and several other members of the House.

Read and passed, on a roll call vote, 53 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 53: Representatives Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Kilmartin, Laroche, Lima, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Wasylyk, Williamson, Winfield.

NAYS — 0.

6. (03-H 6577) House Resolution creating a special House commission to study the status of the state’s policy formulation and planning for the environmental management and sustainable economic development of Rhode Island’s bays and their watersheds.

Committee on Finance recommends passage.

Representative Naughton moves passage of the resolution, seconded by Representatives Lima, Carter and Shavers.

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

YEAS — 54: Representatives Ajello, Almeida, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Gorham, Handy, Jacquard, Kilmartin, Laroche, Lima, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williamson, Winfield.

NAYS — 0.

Representative Crowley requests the journal to reflect that if he had voted on (03-H 6577), he would have voted in the affirmative.

There is no objection.

7. (03-H 6573) An Act relating to sports racing and athletics — boxing and wrestling.

Committee on Finance recommends passage.

Representative Sherlock moves passage of the act, seconded by Representatives Naughton, Moffitt, McNamara and Shanley.

Read and passed, on a roll call vote, 55 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 55: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kilmartin, Laroche, Lima, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williamson, Winfield.

NAYS — 0.

8. (03-H 6583) (Substitute "A") An Act creating the Quonset Point/Davisville Management Corporation.

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

Representative Carter moves passage of the act, seconded by Representatives Trillo, Malik, San Bento, Shanley, Cerra, Benson, McHugh and Corvese.

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on a roll call vote, 54 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 54: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kilmartin, Laroche, Lima, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Mumford, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williamson, Winfield.

NAYS — 0.

Representative Long requests the journal to reflect that if he had voted on (03-H 6583) (Substitute "A"), he would have voted in the affirmative.

There is no objection.

9. (03-H 5191) (Substitute "A") An Act relating to property subject to taxation.

Ordered on the Calendar.

Read, and by unanimous consent, ordered to be placed on the bottom of the next page of the Calendar as item no. 20A.

10. (03-H 5897) (Substitute "B") An Act relating to securities.

Ordered on the Calendar.

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

The bill marked Substitute "B" is read and passed, in concurrence, and the original bill and the bill marked Substitute "A" indefinitely postponed, 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, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Laroche, Lewiss, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williamson, Winfield.

NAYS — 0.

11. (03-H 5701 as amended) An Act relating to towns and cities — relief of firefighters and police officers.

Ordered on the Calendar.

Representative Corvese moves passage of the act, seconded by Representative Schadone.

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

YEAS — 54: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Laroche, Lima, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Winfield.

NAYS — 0.

12. (03-H 5824) (Substitute "A") An Act relating to education — compulsory attendance.

Ordered on the Calendar.

Representative Crowley moves passage of the act, seconded by Representative Lima.

By unanimous consent, Representative Lima, seconded by Representatives Naughton, Shavers and Picard, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 5824) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 5824) (Substitute "A") entitled "AN ACT RELATING TO EDUCATION — COMPULSORY ATTENDANCE" as follows:

On page 2, line 13, after the language "enrollment." and before the word "Provided" by adding the language: "If a child under this subsection is habitually truant and no written permission to terminate the child’s enrollment is provided by the person having control of the child, the school department shall attempt to contact such person by telephone, mail and by visiting the home of the child and, if unsuccessful, the school department may terminate the child’s enrollment."

Respectfully submitted,

CHARLENE LIMA

Representative, District 14

The motion to amend is read and prevails on a roll call vote, 52 members voting in the affirmative and 2 members voting in the negative as follows:

YEAS — 52: Representatives Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Jacquard, Kennedy, Kilmartin, Laroche, Lima, Lowe, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Winfield.

NAYS — 2: Representatives Ajello, Handy.

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 0 members voting in the negative as follows:

YEAS — 56: 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, Laroche, Lima, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Winfield.

NAYS — 0.

13. (03-H 5909) (Substitute "B") An Act relating to insurance — small employer health insurance availability act.

Ordered on the Calendar.

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

The bill marked Substitute "B" is read and passed, in concurrence, and the original bill and the bill marked Substitute "A" indefinitely postponed, on a roll call vote, 52 members voting in the affirmative and 4 members voting in the negative as follows:

YEAS — 52: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Jacquard, Kennedy, Kilmartin, Laroche, Lewiss, Lima, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Williamson, Winfield.

NAYS — 4: Representatives Gorham, Mumford, Trillo, Watson.

14. (03-H 6181) (Substitute "B") An Act relating to insurance — small employer health insurance.

Ordered on the Calendar.

Representative Kennedy moves passage of the act, seconded by Representatives Malik and Schadone.

The bill marked Substitute "B" is read and passed, in concurrence, and the original bill and the bill marked Substitute "A" 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, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Kennedy, Kilmartin, Laroche, Lewiss, Lima, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Trillo, Watson, Williamson, Winfield.

NAYS — 0.

NOW PRESIDING

At 3:33 o’clock P.M. the Honorable Deputy Speaker Winfield yields the rostrum to the Honorable Speaker Murphy.

CALENDAR

15. (03-H 6453) (Substitute "A") An Act authorizing the town of North Smithfield to acquire the property, assets and personnel of the North Smithfield Fire and Rescue Service, Inc. in order to establish a new municipal fire department.

Ordered on the Calendar.

Representative Lowe moves passage of the act, seconded by Representatives Lima, Moran, Aubin, Shavers and Laroche.

Representatives Almeida, Lowe, Ajello, Benson, Corvese, Kilmartin, Handy and Menard 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 Amaral, Anguilla, Aubin, Brien, Callahan, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Fox, Gallison, Giannini, Ginaitt, Gorham, Kilmartin, Lally, Laroche, Lewiss, Lima, Lowe, Malik, McHugh, McManus, McNamara, Menard, Naughton, Picard, Reilly, San Bento, Savage, Schadone, Shanley, Sherlock, Smith, Story, Trillo, Williamson, Winfield.

NAYS — 10: Representatives Ajello, Almeida, Benson, Handy, Moffitt, Moura, Rose, Shavers, Tejada, Williams.

Representative Montanaro requests the journal to reflect that if he had voted on (03-H 6453) (Substitute "A"), he would have voted in the affirmative.

There is no objection.

16. (03-H 5342) (Substitute "A" as amended) An Act relating to criminal procedure — warrants for arrest.

Ordered on the Calendar.

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

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

NAYS — 0.

17. (03-H 5389) (Substitute "B") An Act relating to health and safety — birth defects surveillance system.

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

Representative Giannini moves passage of the act, seconded by Representatives Naughton and Lima.

The bill marked Substitute "B" is read and passed, in concurrence, and the original bill and the bill marked Substitute "A" 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, Callahan, Carter, Cerra, Coderre, Coogan, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Kennedy, Kilmartin, Lally, Laroche, Lewiss, Lima, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Winfield.

NAYS — 0.

18. (03-H 5041) An Act relating to highways — construction and maintenance of state roads.

Committee on Finance recommends passage.

Representative Gallison moves passage of the act, seconded by Representatives Lima, Carter, Shavers, San Bento, Enos, Malik, Anguilla, Callahan, Story and Moffitt.

Representatives Enos, Amaral, Gallison and Callahan discuss 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, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Laroche, Lewiss, Lima, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

19. (03-H 6110) (Substitute "A") An Act relating to aeronautics.

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

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

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, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

20. (03-H 5820) An Act relating to Board of Medical Licensure and Discipline.

Committee on Health, Education and Welfare recommends passage.

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

Read, and by unanimous consent, ordered to be placed on the Calendar after item no. 47 as item no. 47A.

20A. (03-H 5191) (Substitute "A") An Act relating to property subject to taxation.

Ordered on the Calendar.

Representative Williamson moves passage of the act, seconded by Representatives Brien, Carter and Cerra.

The bill marked Substitute "A" is read and passed, in concurrence, 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, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Laroche, Lewiss, Lima, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, 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 bills being held.

CALENDAR

21. (03-H 5603) (Substitute "A" as amended) An Act relating to bridle and hiking trails.

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

Representative Ginaitt moves passage of the act, seconded by Representatives Savage, Fox, Mumford, Moffitt, Watson and Crowley.

Representatives Picard, Ginaitt, McHugh and Gorham 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 3 members voting in the negative as follows:

YEAS — 61: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Harwood, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, McHugh, McManus, McNamara, Moffitt, Montanaro, Moran, Moura, Mumford, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson.

NAYS — 3: Representatives Menard, San Bento, Winfield.

22. (03-H 5814) (Substitute "A") An Act relating to towns and cities.

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

Representative Giannini moves passage of the act, seconded by Representatives Benson, Aubin, Wasylyk, Handy, Picard, Moran, Lowe, Shavers, Cerra, Reilly, Lewiss, Coderre, McNamara, Williams, Ajello, Moura, Trillo, Moffitt, Naughton, McManus and Montanaro.

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on a roll call vote, 62 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 62: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Harwood, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson.

NAYS — 0.

NOW PRESIDING

At 4:02 o’clock P.M. the Honorable Speaker Murphy yields the rostrum to the Honorable Deputy Speaker Winfield.

CALENDAR

23. (03-H 5336) (Substitute "A") An Act relating to taxation — levy and assessment of local taxes.

Ordered on the Calendar.

Representative Menard moves passage of the act, seconded by Representatives Petrarca, McManus and Corvese.

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

FLOOR AMENDMENT

TO

(03-H 5336) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 5336) (Substitute "A") entitled "AN ACT RELATING TO TAXATION — LEVY AND ASSESSMENT OF LOCAL TAXES" as follows:

By deleting all of the language after the enactment clause and inserting in place thereof the following:

SECTION 2. 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, 65 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 65: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Harwood, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, on a roll call vote, 62 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 62: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Lowe, Malik, 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, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

Representative Cerra requests the journal to reflect that if she had voted on (03-H 5336), she would have voted in the affirmative.

There is no objection.

24. (03-H 6506) An Act relating to towns and cities — creating the West Greenwich Water District.

Committee on Corporations recommends passage.

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

Representatives Moffitt and Watson discuss the act.

Read and passed, on a roll call vote, 60 members voting in the affirmative and 1 member voting in the negative as follows:

YEAS — 60: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Cerra, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Harwood, Jacquard, Kennedy, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Shanley, Shavers, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 1: Representative San Bento.

25. (03-H 6601) An Act relating to taxation — sales tax.

Ordered on the Calendar.

Representative Laroche moves passage of the act, seconded by Representatives Coogan, Shanley, Brien and Picard.

Read and passed, 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, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Harwood, Jacquard, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Picard, Reilly, Rose, Savage, Schadone, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Williamson, Winfield.

NAYS — 1: Representative Petrarca.

Representative Watson requests transmittal of (03-H 6506) to the Governor.

The Honorable Speaker announces the Desk will transmit after a couple more House bills.

26. (03-H 5582) (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".

Representative Flaherty moves passage of the act, seconded by Representatives Anguilla and Almeida.

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: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Harwood, Jacquard, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, 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, Wasylyk, Watson, Williams, Winfield.

NAYS — 0.

27. (03-H 6350) (Substitute "A") An Act relating to public property and works — acquisition of land.

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

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

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

NAYS — 0.

TRANSMITTAL

By unanimous consent, all House matters on the Clerk’s desk are ordered to be transmitted to His Excellency, the Governor, to the Honorable Senate, and the Honorable Secretary of State forthwith, with the exception of bill being held on the desk.

RECESS

At 4:09 o’clock P.M. the Honorable Deputy Speaker declares the House to be in recess in order for committees to meet.

ORDER

At 5:00 o’clock P.M. the Honorable Speaker Murphy calls the House to order.

CALENDAR

28. (03-S 462) (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.

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

The bill marked Substitute "A" is read and passed, as amended, in concurrence, and the original bill indefinitely postponed, on a roll call vote, 47 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 47: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Brien, Caprio, Cerra, Corvese, Costantino, Dennigan, Enos, Flaherty, Gallison, Giannini, Ginaitt, Gorham, Handy, Lally, Landroche, Laroche, Lewiss, Long, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Moran, Mumford, Petrarca, Picard, Reilly, Rose, Savage, Shanley, Sherlock, Smith, Story, Trillo, Voccola, Wasylyk, Williams, Williamson, Winfield.

NAYS — 0.

29. (03-S 715 as amended) An Act relating to motor vehicles — drivers license notification of selective registration requirement.

Committee on Judiciary recommends passage as amended in concurrence.

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

Read and passed, as amended, in concurrence, on a roll call vote, 43 members voting in the affirmative and 4 members voting in the negative as follows:

YEAS — 43: The Honorable Speaker Murphy and Representatives Almeida, Amaral, Anguilla, Aubin, Brien, Cerra, Corvese, Costantino, Dennigan, Flaherty, Gallison, Giannini, Ginaitt, Gorham, Lally, Landroche, Laroche, Lewiss, Long, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Moran, Mumford, Naughton, Petrarca, Rose, Savage, Shanley, Sherlock, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Williams, Williamson, Winfield.

NAYS — 4: Representatives Ajello, Enos, Picard, Reilly.

30. (03-S 1078) (Substitute "A" as amended) An Act relating to public property and works.

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 Shavers.

The bill marked Substitute "A" is read and passed, as amended, 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: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Cerra, Corvese, Costantino, Dennigan, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Moran, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Williams, Williamson, Winfield.

NAYS — 0.

31. (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.

Representative Giannini moves passage of the act, seconded by Representatives Benson, Aubin, Corvese and Enos.

By unanimous consent, Representative Williams, seconded by Representative Ajello, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-S 272) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-S 272) (Substitute "A") entitled "AN ACT RELATING TO EDUCATION — HEALTH AND SAFETY OF PUPILS" as follows:

(1) On page 1, by deleting lines 13 through 19 and inserting in place thereof the following:

"(b) `Harassment, intimidation of bullying’ means an intentional written, verbal or physical act or threat of a physical act that, under the totality of circumstances:

(2) Is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or abusive educational environment for a student."

(2) On page 2, by deleting lines 1 and 2.

Respectfully submitted,

ANASTASIA P. WILLIAMS

Representative, District 9

The motion to amend is read and prevails on a roll call vote, 53 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 53: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McManus, McNamara, Menard, Moffitt, Moran, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Shanley, Shavers, Sherlock, Story, Tejada, Trillo, Voccola, Wasylyk, Williams, Williamson.

NAYS — 0.

Representative Picard discusses 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, 55 members voting in the affirmative and 1 member voting in the negative as follows:

YEAS — 55: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Anguilla, Aubin, Benson, Brien, Caprio, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Moran, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Williams, Williamson, Winfield.

NAYS — 1: Representative Gorham.

32. (03-S 355) An Act relating to taxation — levy and assessment of local taxes.

Committee on Corporations recommends passage in concurrence.

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

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

FLOOR AMENDMENT

TO

(03-S 355)

Mr. Speaker:

I hereby move to amend (03-S 355) entitled "AN ACT RELATING TO TAXATION — LEVY AND ASSESSMENT OF LOCAL TAXES" as follows:

By deleting all of the language after the enactment clause and inserting in place thereof the following:

SECTION 2. 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: 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, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Moran, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

Read and passed, as amended, 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, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Moran, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

FROM THE DESK

From the desk is taken:

(03-S 1114 as amended) An Act relating to taxation — town of Lincoln.

Representative McManus requests the act be removed from the desk and placed on the bottom of the Calendar.

There is no objection.

CALENDAR

33. (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.

Representative Kennedy moves passage of the act, seconded by Representatives Anguilla, Dennigan, Naughton, Handy and Williamson.

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, Callahan, Caprio, Carter, Cerra, Coderre, Costantino, DeSimone, Enos, Flaherty, Fox, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Voccola, Williams, Williamson, Winfield.

NAYS — 0.

34. (03-S 961) An Act relating to motor vehicles — size, weight and load limits.

Committee on Corporations recommends passage in concurrence.

Representative Kennedy moves passage of the act, seconded by Representatives Gallison, Enos and Anguilla.

By unanimous consent, Representative Anguilla, seconded by Representatives Enos and Gallison, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-S 961)

Mr. Speaker:

I hereby move to amend (03-S 961) entitled "AN ACT RELATING TO MOTOR VEHICLES — SIZE, WEIGHT AND LOAD LIMITS" as follows:

1. On page 1, line 7, by deleting the word "administration" and inserting in place thereof the word "transportation".

2. On page 1, line 16, by deleting the word "administration" and inserting in place thereof the word "transportation".

Respectfully submitted,

FAUSTO C. ANGUILLA

Representative, District 68

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

NAYS — 0.

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

YEAS — 57: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Schadone, Shanley, Shavers, Sherlock, Story, Tejada, Trillo, Voccola, Wasylyk, Williamson, Winfield.

NAYS — 0.

35. (03-S 192) An Act relating to taxation — sales tax.

Committee on Finance recommends passage in concurrence.

Representative Lewiss moves passage of the act, seconded by Representatives Picard, Sherlock and Brien.

Read and passed, in concurrence, on a roll call vote, 56 members voting in the affirmative and 2 members voting in the negative as follows:

YEAS — 56: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McManus, McNamara, Moffitt, Montanaro, Moran, Mumford, Naughton, Picard, Reilly, Rose, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Williamson, Winfield.

NAYS — 2: Representatives McHugh, Petrarca.

36. (03-S 374) An Act relating to state affairs and government — pharmaceutical assistance to the elderly.

Committee on Finance recommends passage in concurrence.

Representative Costantino moves passage of the act, seconded by Representatives Almeida, Rose, Giannini and Mumford.

By unanimous consent, Representative Costantino, seconded by Representatives Rose and Giannini, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-S 374)

Mr. Speaker:

I hereby move to amend (03-S 374) entitled "AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT — PHARMACEUTICAL ASSISTANCE TO THE ELDERLY" as follows:

(1) On page 3, line 7, by deleting the period "." And inserting in its place "and remain in effect until December 31, 3002."

(2) On page 2, line 24, by adding the word "covered" after the first word "specific" and before the second word "prescription".

Respectfully submitted,

STEVEN M. COSTANTINO

Representative, District 8

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

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

NAYS — 0.

37. (03-S 524) An Act relating to retirement of municipal employees — military service credits.

Committee on Finance recommends passage in concurrence.

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

Read and passed, in concurrence, on a roll call vote, 62 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 62: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, McHugh, McManus, McNamara, Menard, Moffitt, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Rose, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

38. (03-S 499 as amended) An Act relating to towns and cities — relief of firefighters and police officers.

Committee on Finance recommends passage as amended in concurrence.

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

Read and passed, as amended, in concurrence, 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, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williamson.

NAYS — 0.

GUEST

The Honorable Speaker Murphy welcomes to the House Chambers as a guest former Governor Bruce Sundlun.

CALENDAR

39. (03-S 741) An Act relating to state affairs and government — jobs development act.

Committee on Finance recommends passage in concurrence.

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

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

NAYS — 0.

40. (03-S 866) An Act relating to education.

Committee on Finance recommends passage in concurrence.

Representative Sherlock moves passage of the act, seconded by Representatives Rose, Naughton and Mumford.

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, Callahan, Caprio, Carter, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams.

NAYS — 0.

Representatives Moura, Giannini and Benson request the journal to reflect that if they had voted on (03-S 866), they would have voted in the affirmative.

There is no objection.

41. (03-S 915) (Substitute "A" as amended) An Act relating to public utilities and carriers — taxicabs and limited public motor vehicles.

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

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

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

NAYS — 1: Representative Amaral.

42. (03-S 442) (Substitute "A") An Act relating to anatomical gifts by motor vehicle operators.

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 Representatives Dennigan, Sherlock, Aubin, Benson, Moura, Slater, Williams, Ajello and Story.

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 1 member voting in the negative as follows:

YEAS — 58: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Aubin, Benson, Callahan, Carter, Cerra, Coderre, Costantino, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Winfield.

NAYS — 1: Representative Corvese.

REPORTS OF COMMITTEE

COMMITTEE ON JUDICIARY

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

(03-H 5714) (Substitute "A") An Act relating to motor and other vehicles.

Representative Flaherty requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Caprio, Watson, Smith, Gorham, Lima, Dennigan and Gorham discuss the act.

Representative Corvese rises on a point of order for Representative Gorham to speak germane to the act.

The Honorable Speaker rules for Representative Gorham to speak germane to the act.

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on a roll call vote, 45 members voting in the affirmative and 17 members voting in the negative as follows:

YEAS — 45: The Honorable Speaker Murphy and Representatives Amaral, Aubin, Brien, Callahan, Carter, Corvese, Costantino, Crowley, Enos, Flaherty, Fox, Gallison, Giannini, Kennedy, Kilmartin, Landroche, Laroche, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, San Bento, Savage, Shanley, Shavers, Sherlock, Slater, Smith, Story, Trillo, Watson, Williams, Winfield.

NAYS — 17: Representatives Ajello, Almeida, Anguilla, Caprio, Cerra, Coderre, Dennigan, DeSimone, Gorham, Handy, Jacquard, Moffitt, Reilly, Rose, Schadone, Wasylyk, Williamson.

(03-S 668) (Substitute "B") An Act relating to motor and other vehicles.

Representative Flaherty requests unanimous consent for immediate consideration.

There is no objection.

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

Representative Caprio discusses 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, 43 members voting in the affirmative and 13 members voting in the negative as follows:

YEAS — 43: The Honorable Speaker Murphy and Representatives Amaral, Aubin, Callahan, Carter, Corvese, Costantino, Crowley, Enos, Flaherty, Fox, Gallison, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, San Bento, Savage, Shanley, Shavers, Sherlock, Slater, Smith, Story, Trillo, Williams, Winfield.

NAYS — 13: Representatives Ajello, Caprio, Cerra, Coderre, Dennigan, DeSimone, Gorham, Handy, Jacquard, Moffitt, Reilly, Schadone, Wasylyk.

CALENDAR

43. (03-S 416) (Substitute "B") An Act relating to towns and cities.

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 Representatives Wasylyk and Aubin.

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, 62 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 62: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Winfield.

NAYS — 0.

TRANSMITTAL

By unanimous consent, (03-H 5714) and (03-S 668) (Substitute "B") on the Clerk’s desk are ordered to be transmitted to the Honorable Senate forthwith.

Representative Wasylyk objects to transmittal of (03-S 668) (Substitute "B").

CALENDAR

44. (03-S 933) Joint Resolution reinstating the life of and extending the reporting and expiration dates of the special legislative commission to study the concept of sustainability as it could be encouraged by state government.

Committee on Finance recommends passage in concurrence.

Representative Sherlock moves passage of the resolution, seconded by Representatives Naughton, Callahan and Giannini.

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, Amaral, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Watson.

NAYS — 0.

TRANSMITTAL

By unanimous consent, (03-S 668) (Substitute "B") on the Clerk’s desk is ordered to be transmitted to the Honorable Senate forthwith.

CALENDAR

45. (03-S 84) An Act relating to highways — construction and maintenance of state roads.

Committee on Finance recommends passage in concurrence.

Representative Gallison moves passage of the act, seconded by Representatives Enos, Montanaro and Aubin.

Read and passed, in concurrence, on a roll call vote, 62 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 62: 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, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Watson.

NAYS — 0.

Representative Ginaitt discusses (03-H 5714) (Substitute "A"), previously voted on.

46. (03-S 602) An Act relating to safety awareness.

Committee on Labor recommends passage in concurrence.

Representative Corvese moves passage of the act, seconded by Representatives Carter, Brien and Laroche.

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, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Williams.

NAYS — 0.

NOW PRESIDING

At 5:10 o’clock P.M. the Honorable Speaker Murphy yields the rostrum to the Honorable Deputy Speaker Winfield.

CALENDAR

47. (03-S 393) (Substitute "A") An Act relating to Board of Medical Licensure and Discipline.

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 Carter.

The bill marked Substitute "A" is read and passed, in concurrence, and the original bill indefinitely postponed, on a roll call vote, 56 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 56: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Trillo, Wasylyk, Watson.

NAYS — 0.

47A. (03-H 5820) An Act relating to Board of Medical Licensure and Discipline.

Committee on Health, Education and Welfare recommends passage.

Representative Giannini moves passage of the act, seconded by Representatives Fox, Handy, Carter, Cerra and Shavers.

By unanimous consent, Representative Giannini, seconded by Representatives Handy and Cerra, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 5820)

Mr. Speaker:

I hereby move to amend (03-H 5820) entitled "AN ACT RELATING TO BOARD OF MEDICAL LICENSURE AND DISCIPLINE" as follows:

By deleting all of the language following the enactment clause and inserting in place thereof the following:

"SECTION 1. Sections 5-37-2.1, 5-37-5.1 and 5-37-10 of the General Laws in Chapter 5-37 entitled "Board of Medical Licensure and Discipline" are hereby amended to read as follows:

5-37-2.1. Recertification — Continuing medical education. — Every Effective beginning in calendar year 2004, every physician licensed to practice medicine within this state shall, in connection with biannual registration, on or before the first day of June of every third year after the 1999 registration in each even-numbered year, provide satisfactory evidence to the board of medical licensure and discipline that in the preceding three (3) two (2) years the practitioner has completed a prescribed course of continuing medical education established by the appropriate medical or osteopathic society and approved by rule or regulation of the director or by the board of licensure and discipline. The board may extend for only one six (6) month period these educational requirements if the board is satisfied that the applicant has suffered hardship which prevented meeting the educational requirement. No recertification to practice medicine in this state is refused, nor any certificate suspended or revoked except: (1) as provided for in this chapter and, (2) for failure to provide satisfactory evidence of continuing medical education as provided for in this section.

5-37-5.1. Unprofessional conduct. — The term "unprofessional conduct" as used in this chapter includes, but not be limited to, the following items or any combination of these items and may be further defined by regulations established by the board with the prior approval of the director:

(1) Fraudulent or deceptive procuring or use of a license or limited registration;

(2) All advertising of medical business which is intended or has a tendency to deceive the public;

(3) Conviction of a crime involving moral turpitude; conviction of a felony; conviction of a crime arising out of the practice of medicine;

(4) Abandoning a patient;

(5) Dependence upon controlled substances, habitual drunkenness, or rendering professional services to a patient while the physician or limited registrant is intoxicated or incapacitated by the use of drugs;

(6) Promotion by a physician or limited registrant of the sale of drugs, devices, appliances, or goods or services provided for a patient in a manner as to exploit the patient for the financial gain of the physician or limited registrant;

(7) Immoral conduct of a physician or limited registrant in the practice of medicine;

(8) Willfully making and filing false reports or records in the practice of medicine;

(9) Willfully omitting to file or record, or willfully impeding or obstructing a filing or recording, or inducing another person to omit to file or record, medical or other reports as required by law;

(10) Failing to furnish details of a patient’s medical record to succeeding physicians, health care facility, or other health care providers upon proper request pursuant to section 5-37.3-4;

(11) Soliciting professional patronage by agents or persons or profiting from acts of those representing themselves to be agents of the licensed physician or limited registrants;

(12) Dividing fees or agreeing to split or divide the fees received for professional services for any person for bringing to or referring a patient;

(13) Agreeing with clinical or bioanalytical laboratories to accept payments from these laboratories for individual tests or test series for patients;

(14) Making willful misrepresentations in treatments;

(15) Practicing medicine with an unlicensed physician except in an accredited preceptorship or residency training program, or aiding or abetting unlicensed persons in the practice of medicine;

(16) Gross and willful overcharging for professional services; including filing of false statements for collection of fees for which services are not rendered, or willfully making or assisting in making a false claim or deceptive claim or misrepresenting a material fact for use in determining rights to health care or other benefits;

(17) Offering, undertaking, or agreeing to cure or treat disease by a secret method, procedure, treatment or medicine;

(18) Professional or mental incompetency;

(19) Incompetent, negligent, or willful misconduct in the practice of medicine which includes the rendering of medically unnecessary services, and any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing medical practice in his or her area of expertise as is determined by the board. The board need not establish actual injury to the patient in order to adjudge a physician or limited registrant guilty of the unacceptable medical practice in this subdivision;

(20) Failing to comply with the provisions of chapter 4.7 of title 23;

(21) Surrender, revocation, suspension, limitation of privilege based on quality of care provided, or any other disciplinary action against a license or authorization to practice medicine in another state or jurisdiction; or surrender, revocation, suspension, or any other disciplinary action relating to a membership on any medical staff or in any medical or professional association or society while under disciplinary investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct which would constitute grounds for action as described in this chapter;

(22) Any Multiple adverse judgments, settlements or awards arising from a medical liability claims related to acts or conduct which would constitute grounds for action as described in this chapter;

(23) Failing to furnish the board, its chief administrative officer, investigator or representatives, information legally requested by the board;

(24) Violating any provision(s) of this chapter or the rules and regulations of the board or any rules or regulations promulgated by the director or of an action, stipulation, or agreement of the board;

(25) Cheating on or attempting to subvert the licensing examination;

(26) Violating any state or federal law or regulation relating to controlled substances;

(27) Failing to maintain standards established by peer review boards, including, but not limited to, standards related to proper utilization of services, use of nonaccepted procedure, and/or quality of care;

(28) Medical malpractice A pattern of medical malpractice, or willful or gross malpractice on a particular occasion;

(29) Agreeing to treat a beneficiary of health insurance under title XVIII of the Social Security Act, 42 U.S.C. section 1395 et seq., and then charging or collecting from this beneficiary any amount in excess of the reasonable charge for that service as determined by the United States secretary of health and human services; or

(30) Sexual contact between a physician and patient during the existence of the physician/patient relationship; or.

(31) A physician providing services to a person who is making a claim as a result of a personal injury, who charges or collects from the person any amount in excess of the reimbursement to the physician by the insurer as a condition of providing or continuing to provide services or treatment.

5-37-10. Annual registration — Physicians — Hospitals. — (a) On Effective beginning in calendar year 2004, on or before the first day of March in each year, the board shall mail an application for biannual registration to every person to whom a license to practice medicine in this state has been granted by the licensing authority in the state. Every licensed person who intends to engage in the practice of his or her profession during the ensuing two (2) year period shall register his or her license by submitting to the board on or before June 1 the application executed together with the registration form and fee as established by regulation by the director of the department of health. Upon receipt of the application and fee the board issues a registration certificate effective July 1 and expiring the two (2) years following on June 30, and the registration certificate renders the holder a registered practitioner of medicine for that registration period. Effective beginning in calendar year 2004, any references in this chapter to annual registration or annual limited registration shall be interpreted to mean biannual registration and biannual limited registration, respectively.

(b) The registration certificate of all physicians whose renewals accompanied by the prescribed fee are not completed and filed on or before the first day of July are automatically lapse. The board may, in its discretion and upon the payment by the physician of the current registration fee plus an additional fee of one hundred dollars ($100), reinstate any certificate lapsed under the provisions of this section.

(c) Hospitals shall, on or before the first day of December of each year, submit an application and annual fee to the board as a condition of rendering hospital services in the state. The form of application and fee are as the director, by regulation, establishes; provided, that the ratio of payment between hospital per bed licensing fees and the combined licensing and board of medical licensure and discipline fees paid by physicians remain the same as the ratio that existed as of January 1, 1987. All fees collected pursuant to this section are deposited as general revenues.

SECTION 2. Section 5-37-24 of the General Laws in Chapter 5-37 entitled "Board of Medical Licensure and Discipline" is hereby repealed.

SECTION 3. This act shall take effect upon passage."

Respectfully submitted,

JOANNE M. GIANNINI

Representative, District 7

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

NAYS — 0.

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

NAYS — 0.

REQUEST

Representatives Long, Moura, Kennedy and McHugh request the journal to reflect that if they had voted on (03-H 6596) on yesterday’s Calendar, they would have voted in the affirmative.

There is no objection.

REPORTS OF COMMITTEES

COMMITTEE ON CORPORATIONS

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

(03-S 1126) An Act relating to towns and cities — creating the West Greenwich Water District.

Received and ordered to be placed on the Supplemental Calendar.

COMMITTEE ON FINANCE

Representative Sherlock, for the Committee on Finance, reports back the following measures, with recommendation of passage:

(03-H 5888) (Substitute "A") An Act relating to taxation — sales and use taxes — liability and computation.

Received and ordered to be placed on the Supplemental Calendar.

(03-H 5891) (Substitute "A") An Act relating to public property and works — government oversight and fiscal accountability review act.

Received and ordered to be placed on the Supplemental Calendar.

(03-H 6412) (Substitute "A" as amended) An Act relating to tax sales.

Received and ordered to be placed on the Supplemental Calendar.

(03-S 286) An Act relating to registration of vehicles — Senator emeritus.

Received and ordered to be placed on the Supplemental Calendar.

(03-S 609) (Substitute "A") An Act relating to public property and works — arbitration.

Received and ordered to be placed on the Supplemental Calendar.

CALENDAR

48. (03-S 279) An Act relating to banking law — dishonored checks.

Committee on Corporations recommends passage in concurrence.

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

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

FLOOR AMENDMENT

TO

(03-S 279)

Mr. Speaker:

I hereby move to amend (03-S 279) entitled "AN ACT RELATING TO BANKING LAW — DISHONORED CHECKS" as follows:

On page 2, by deleting lines 8 through 11 inclusive.

Respectfully submitted,

WILLIAM ENOS

Representative, District 71

The motion to amend is read and prevails on a roll call vote, 56 members voting in the affirmative and 1 member voting in the negative as follows:

YEAS — 56: Representatives Ajello, Amaral, Anguilla, Aubin, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Trillo, Watson, Williams, Winfield.

NAYS — 1: Representative Wasylyk.

Read and passed, as amended, on a roll call vote, 53 members voting in the affirmative and 2 members voting in the negative as follows:

YEAS — 53: Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Giannini, Gorham, Handy, Jacquard, Kilmartin, Lally, Landroche, Laroche, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Trillo, Williams, Winfield.

NAYS — 2: Representatives Moran, Wasylyk.

49. (03-S 553 as amended) An Act relating to health and safety — health care accessibility and quality assurance.

Committee on Corporations recommends passage as amended in concurrence.

Read, and by unanimous consent, ordered to be placed after item no. 100 on today’s Supplemental Calendar as item no. 100A.

50. (03-S 681) (Substitute "B") An Act creating the Quonset Point/Davisville Management Corporation.

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

Read, and by unanimous consent, ordered to be placed on the bottom of the Calendar as item no. 67A.

51. (03-S 824) An Act relating to businesses and professions — athlete agents.

Committee on Corporations recommends passage in concurrence.

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

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

NAYS — 0.

RECESS

At 6:15 o’clock P.M. the Honorable Deputy Speaker Winfield declares the House to be in recess for a period of 60 minutes.

ORDER

At 7:43 o’clock P.M. the Honorable Speaker Murphy calls the House to order.

NEW BUSINESS

Representatives Long, Amaral, Watson, Moura and McNamara introduce (03-H 6609) House Resolution requesting that the Joint Committee on Legislative Services investigate the feasibility of broadcasting Rhode Island House and Senate sessions on Rhode Island public radio.

Representative Long requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Ginaitt, Handy, Anguilla, Savage and Naughton introduce (03-H 6610) An Act relating to health and safety — mercury reduction and education act.

Representative Ginaitt requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Ginaitt, seconded by Representatives Gallison, McNamara, Savage and Naughton, on a roll call vote, 49 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 49: Representatives Ajello, Almeida, Aubin, Benson, Brien, Callahan, Carter, Cerra, Coderre, Costantino, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Landroche, Laroche, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Moran, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Shanley, Shavers, Sherlock, Slater, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

Representatives Malik, Naughton, Ginaitt, Gallison and Lima introduce (03-H 6611) Joint Resolution creating a special legislative commission to study issues related to the funding of oil pollution control and remediation in the state.

Representative Malik requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Malik, seconded by Representatives Long, Lally, Enos, Rose, Moran, McNamara, Lewiss, Carter, Aubin, Gallison and Benson, on a roll call vote, 56 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 56: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Carter, Cerra, Coderre, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Moran, Mumford, Naughton, Petrarca, Rose, San Bento, Savage, Shanley, Shavers, Sherlock, Slater, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

Representatives Trillo, Landroche, Ginaitt, Lowe and Montanaro introduce (03-H 6612) An Act creating a joint commission to study the ramifications of the fire safety code.

Representative Trillo requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Trillo, seconded by Representatives Landroche, Laroche, Watson, Williams, Moffitt, Mumford, Gorham, Amaral, Story, Ginaitt, Carter, Fox, Williamson, Montanaro and Kilmartin, on a roll call vote, 67 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 67: 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, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

CALENDAR

Majority Whip Menard requests Calendar items 52-67 be placed at the bottom of the Supplemental Calendar.

There is no objection.

FROM THE DESK

From the desk is taken:

(03-S 578) (Substitute "A" as amended) An Act relating to health and safety — mercury reduction and education act.

Representative Ginaitt moves passage of the act, seconded by Representatives Gallison, Savage, Naughton and McNamara.

By unanimous consent, Representative Ginaitt, seconded by Representatives Gallison, Naughton, McNamara and Savage, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-S 578) (Substitute "A" as amended)

Mr. Speaker:

I hereby move to amend (03-S 578) (Substitute "A" as amended) entitled "AN ACT RELATING TO HEALTH AND SAFETY — MERCURY REDUCTION AND EDUCATION ACT" as follows:

By deleting all the language after the enactment clause and inserting in place thereof the following:

"SECTION 1. Sections 23-24.9-6, 23-24.9-7, 23-24.9-8, 23-24.9-9, 23-24.9-10, 23-24.9-11, 23-24.9-16 and 23-24.9-19 of the General Laws in Chapter 23-24.9 entitled "Mercury Reduction and Education Act" are hereby amended to read as follows:

23-24.9-6. Restrictions on the sale of certain mercury-added products. — (a) No later than January 1, 2003, no mercury-added novelty shall be offered for final sale or use or distributed for promotional purposes in Rhode Island. Manufacturers that produce and sell mercury-added novelties must notify retailers about the provisions of this product ban and how to dispose of the remaining inventory properly. The requirements of this section shall apply to all mercury-added novelties irrespective of whether or not the product is exempt from the phase-out requirements of section 23-24.9-11.

(b) No mercury fever thermometer may be distributed, sold or offered for sale in this state on or after January 1, 2002, except by prescription. As used in this section, the term "mercury fever thermometer" includes any device containing mercury in which the mercury is used to measure the internal body temperature of a person. This restriction shall not apply to digital thermometers utilizing mercury-added button cell batteries. The manufacturers of mercury fever thermometers shall supply clear instructions on the careful handling of the thermometer to avoid breakage and proper cleanup should a breakage occur with all mercury fever thermometers sold through prescription. Mercury fever thermometers manufacturers must also comply with sections 23-24.9-5 and 23-24.9-7 — 23-24.9-10.

(c) After January 1, 2003, no school in Rhode Island may use or purchase for use in a primary or secondary classroom, bulk elemental or chemical mercury, or mercury compounds. Manufacturers that produce and sell such materials must notify retailers about the provisions of this ban and how to dispose of the remaining inventory properly. Other mercury-added products that are used by schools are not subject to this prohibition.

(d) This ban on sale, use or distribution shall not apply to a novelty incorporating one or more replaceable mercury-added button cell batteries as its only mercury-added component or components.

23-24.9-7. Phase-out and exemptions. — (a) No mercury-added product shall be offered for final sale or use or distributed for promotional purposes in Rhode Island if the mercury content of the product exceeds:

(1) One gram (1000 milligrams) for mercury-added fabricated products or two hundred fifty (250) parts per million (ppm) for mercury-added formulated products, effective two (2) years from July 13, 2001 July 1, 2005;

(2) One hundred (100) milligrams for mercury-added fabricated products or fifty (50) parts per million (ppm) for mercury-added formulated products, effective four (4) years from July 13, 2001 July 1, 2007; and

(3) Ten (10) milligrams for mercury-added fabricated products or ten (10) parts per million (ppm) for mercury-added formulated products, effective six (6) years from July 13, 2001 July 1, 2009.

(b) For a product that contains one or more mercury-added products as a component, this section is applicable to each component part or parts and not to the entire product. For example, if an iron has a mercury switch, the phase-out applies to the switch and not the entire iron.

(c) For a product that contains more than one mercury-added product as a component, the phase-out limits specified in subsection (a) of this section apply to each component and not the sum of the mercury in all of the components. For example, for a car that contains mercury-added switches and lighting, the phase-out limits would apply to each component separately, and not the combined total of mercury in all of the components.

(d) (1) Fluorescent lamps shall be exempt from the requirements of subsection (a) of this section. As of January 1, 2010, the mercury content of fluorescent bulbs shall either not exceed ten (10) milligrams or the manufacturer shall comply with the exemption requirements pursuant to subsection (f) of this section.

(e) A mercury-added product shall be exempt from the limits on total mercury content set forth in subsection (f) of this section if the level of mercury or mercury compounds contained in the product are required in order to comply with federal or state health or safety requirements. In order to claim exemption under this section, the manufacturer must notify the department, in writing, and provide the legal justification for the claim of exemption.

(f) Manufacturers of a mercury-added product may apply to the director for an exemption for no more than two (2) years from the limits on total mercury content set forth in subsection (a) of this section for a product or category of products. Applications for exemptions must: (1) document the basis for the requested exemption or renewal of exemption; (2) describe how the manufacturer will ensure that a system exists for the proper collection, transportation and processing of the product(s) at the end of their useful life; and (3) document the readiness of all necessary parties to perform as intended in the planned system.

(g) The director may grant, with modifications or conditions, an exemption for a product or category of products if he or she finds: (i) a system exists for the proper collection, transportation and processing of the mercury-added product, including direct return of a waste product to the manufacturer, an industry or trade group supported collection and recycling system, or other similar private or public sector efforts; and (ii) he or she finds each of the following criteria are met:

(1) Use of the product is beneficial to the environment or protective of public health or protective of public safety; and

(2) There is no technically feasible alternative to the use of mercury in the product; and

(3) There is no comparable non-mercury-added product available at reasonable cost.

Prior to issuing an exemption, the director shall consult with neighboring states and provinces and regional organizations to promote consistency. The state shall avoid, to the extent feasible, inconsistencies in the implementation of this section. Upon reapplication by the manufacturer and findings by the director of continued eligibility under the criteria of this subsection and of compliance by the manufacturer with the conditions of the director’s original approval, an exemption may be renewed one or more times and each renewal may be for a period of no longer than two (2) years.

23-24.9-8. Labeling required for certain products. — (a) Mercury-added products. - (1) Effective January 1, 2004 July 1, 2005, a manufacturer may not sell at retail in this state or to a retailer in this state, and a retailer may not knowingly sell, a mercury-added product unless the item is labeled pursuant to this subsection. The label must clearly inform the purchaser or consumer that mercury is present in the item and that the item may not be disposed of or placed in waste stream destined for disposal until the mercury is removed or reused, recycled or otherwise managed to ensure that it does not become part of solid waste or wastewater. Manufacturers shall affix to mercury-added products labels that conform to the requirements of this subsection.

(2) The department shall adopt rules to establish standards for affixing labels to the product and product package. The rules must strive for consistency with labeling programs in other states and provide for approval of alternative compliance plans by the department. This subsection does not apply to mercury-added lamps, mercury-added button cell batteries and products whose only mercury component is a mercury button cell battery or a mercury added lamp.

(b) Mercury-added lamps: large use applications. - (1) A person who sells mercury-added lamps to the owner or manager of an industrial, commercial or office building or to any person who replaces or removes from service outdoor lamps that contain mercury shall clearly inform the purchaser in writing on the invoice for the lamps or in a separate document that the lamps contain mercury, a hazardous substance that is regulated by federal and state law, and that they may not be placed in solid waste destined for disposal. Retail establishments that incidentally sell mercury-added lamps to the specified purchasers are exempt from the requirements of this subsection.

(2) A person who contracts with the owner or manager of an industrial, commercial or office building or with a person responsible for outdoor lighting to remove from service mercury-added lamps shall clearly inform in writing the person for whom the work is being done that the lamps being removed from service contain mercury and what the contractor’s arrangements are for the management of the mercury in the removed lamps.

23-24.9-9. Disposal ban. — (a) After January 1, 2004 July 1, 2005, no person shall dispose of mercury-added products in a manner other than by recycling or disposal as hazardous waste. Mercury from mercury-added products may not be discharged to water, wastewater treatment, and wastewater disposal systems except when it is done in compliance with local, state, and federal applicable requirements.

(b) If a formulated mercury-added product is a cosmetic or pharmaceutical product subject to the regulatory requirements relating to mercury of the federal food and drug administration, then the product is exempt from the requirements of this section.

(c) This section shall not apply to: (1) anyone who disposes of a mercury-added button cell battery; (2) mercury-added components as contained in motor vehicles; and (3) households disposing of lamps and products containing lamps.

23-24.9-10. Collection of mercury-added products. — (a) After January 1, 2003 July 1, 2005, no mercury-added product shall be offered for final sale or use or distribution for promotional purposes in Rhode Island unless the manufacturer either on its own or in concert with other persons has submitted a plan for a convenient and accessible collection system for such products when the consumer is finished with them and the plan has received approval of the director. Where a mercury-added product is a component of another product, the collection system must provide for removal and collection of the mercury-added component or collection of both the mercury-added component and the product containing it.

(b) (1) This section shall not apply to the collection of mercury-added button cell batteries or mercury-added lamps or products where the only mercury contained in the product comes from a mercury-added button cell battery or a mercury-added lamp; and

(2) This section shall not apply to motor vehicles.

23-24.9-11. Disclosure for mercury-added formulated products — Healthcare facilities. — (a) By January 1, 2003 July 1, 2005, the manufacturers of formulated mercury-added products offered for sale or use to a health care facility in Rhode Island must provide both the director and the recipient healthcare facility a certificate of analysis documenting the mercury content of the product, down to a one part per billion level. Such formulated mercury-added products include, but are not limited to: acids; alkalis; bleach (sodium hypochlorite); materials used for cleaning, in maintenance, or for disinfection; stains; reagents; preservatives; fixatives; buffers; and dyes.

(b) The certificate of analysis must report the result of an analysis performed for mercury on the specific batch or lot of that product offered for sale. The batch or lot number of the product shall be clearly identified on the product and on the certificate of analysis.

23-24.9-16. Violations. — A Effective July 1, 2005, a violation of any of the provisions of this law or any rule or regulation promulgated pursuant thereto shall be punishable, in the case of a first violation, by a civil penalty not to exceed one thousand dollars ($1,000). In the case of a second and any further violations, the liability shall be for a civil penalty not to exceed five thousand dollars ($5,000) for each violation.

23-24.9-19. Mercury advisory working group. — The department of environmental management shall be authorized to coordinate the development of a mercury reduction and education advisory working group to examine the need for additional legislative and regulatory changes to advise the department with regard to the development of regulations and programs for the implementation of the provisions of this chapter and with regard to public education pertaining to the continued elimination of mercury-added products in the State of Rhode Island. This advisory working group may include, but not be limited to, designees from the following: the general assembly, department of environmental management, department of health, the attorney general’s office, state and/or national organizations interested in mercury reduction and education, consumer and children’s advocacy groups, local chambers of commerce, and those industries that manufacture consumer products which contain mercury.

SECTION 2. Chapter 23-24.9 of the General Laws entitled "Mercury Reduction and Education Act" is hereby amended by adding thereto the following section:

23-24.9-2.1. Oversight and systems planning. — (a) The general assembly further finds: (1) that reduction and elimination of health and environmental threats from mercury is a highly complex undertaking requiring cooperation among policy makers, public health and environmental officials and advocates, private businesses from diverse industries and sectors, consumers, and the general public within Rhode Island and depending on actions in other states and at the federal level; (2) that systems planning is critical to the smooth, effective, and efficient implementation of programs to reduce and eliminate health and environmental threats from mercury in Rhode Island; (3) that the implementation of the provisions of this chapter between July 2001 and July 2003 has been incomplete and partial and has given rise to unintended consequences; and (4) that additional time is required to study how to make the provisions of this chapter more efficient and effective and to provide for needed systems planning.

SECTION 3. This act shall take effect upon passage."

Respectfully submitted,

PETER T. GINAITT

Representative, District 22

The motion to amend is read and prevails on a roll call vote, 53 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 53: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Carter, Cerra, Coderre, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Lally, Landroche, Laroche, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Moran, Mumford, Petrarca, Picard, Rose, Savage, Shanley, Shavers, Sherlock, Slater, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

Representative Handy discusses the act as amended.

Read and passed, as amended, on a roll call vote, 55 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 55: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Callahan, Carter, Cerra, Coderre, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Mumford, Naughton, Petrarca, Picard, Rose, San Bento, Savage, Shanley, Shavers, Sherlock, Slater, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

COMMUNICATION FROM THE SENATE

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

(03-S 387) (Substitute "A") An Act relating to food and drugs — uniform controlled substances act.

Read and ordered to be placed on the Supplemental Calendar.

(03-S 418) (Substitute "A") An Act relating to education — school committees and superintendents.

Read and ordered to be placed on the Supplemental Calendar.

(03-S 490 as amended) An Act relating to the Rhode Island Justice Commission.

Read and ordered to be placed on the Supplemental Calendar.

(03-S 546) An Act relating to motor vehicles.

Read and ordered to be placed on the Supplemental Calendar.

(03-S 662) An Act relating to courts and civil procedure — Family Court.

Read and ordered to be placed on the Supplemental Calendar.

(03-S 667) An Act relating to court administration.

Read and ordered to be placed on the Supplemental Calendar.

(03-S 809) (Substitute "A") An Act relating to the Tockwotton Home, originally incorporated as Home For Aged Women.

Read and ordered to be placed on the Supplemental Calendar.

(03-S 829) (Substitute "A" as amended) An Act relating to businesses and professions — physical therapists.

Read and ordered to be placed on the Supplemental Calendar.

(03-S 830) An Act relating to businesses and professions — Board of Medical Licensure and Discipline.

Read and ordered to be placed on the Supplemental Calendar.

(03-S 931) (Substitute "A") An Act relating to towns and cities — Chopmist Water District.

Read and ordered to be placed on the Supplemental Calendar.

(03-S 1075) (Substitute "A") An Act relating to corporations — alternative fueled vehicle and filling station credit.

Read and ordered to be placed on the Supplemental Calendar.

(03-S 1103) (Substitute "A") An Act relating to taxation — property subject to taxation.

Read and ordered to be placed on the Supplemental Calendar.

(03-S 1112) An Act relating to towns and cities — zoning ordinances.

Read and ordered to be placed on the Supplemental Calendar.

(03-S 1113 as amended) An Act relating to taxation.

Read and ordered to be placed on the Supplemental Calendar.

(03-S 1127 as amended) An Act relating to taxation.

Read and ordered to be placed on the Supplemental Calendar.

(03-S 1130) An Act authorizing the town of Middletown to finance the construction, furnishing and equipping of an elementary school through the issuance of not more than $8,400,000 bonds and/or notes.

Read and ordered to be placed on the Supplemental Calendar.

(03-S 1141) An Act authorizing the town of Portsmouth to issue general obligation bonds and/or notes in an amount not to exceed $3,800,000 to construct a field house facility, including a gymnasium for Portsmouth High School.

Read and ordered to be placed on the Supplemental Calendar.

(03-S 1147) An Act relating to taxation — property subject to taxation.

Read and ordered to be placed on the Supplemental Calendar.

(03-S 1148) An Act relating to taxation — elderly real property exemption.

Read and ordered to be placed on the Supplemental Calendar.

(03-S 1160) Joint Resolution making an appropriation to pay certain veterans’ bonuses.

Read and ordered to be placed on the Supplemental Calendar.

(03-S 1161) An Act authorizing the town of Middletown to borrow up to $2,500,000 for the purpose of financing the construction of sewers and sewerage systems through the issuance of its general obligation bonds or notes including but not limited to, any bonds or notes issued pursuant to financing agreements with the Rhode Island Clean Water Finance Agency.

Read and ordered to be placed on the Supplemental Calendar.

(03-S 1175) An Act relating to motor and other vehicles — operators’ and chauffeurs’ licenses.

Read and ordered to be placed on the Supplemental Calendar.

(03-S 1157) An Act relating to alcoholic beverages — regulation of sales.

Read and ordered to be placed on the Supplemental Calendar.

(03-S 1187) An Act relating to special development districts — East Providence.

Read and ordered to be placed on the Supplemental Calendar.

(03-S 323) An Act relating to education — Rhode Island student investment fund.

Read and ordered to be placed on the Supplemental Calendar.

(03-S 816) An Act relating to insurance — extended medical benefits.

Read and ordered to be placed on the Supplemental Calendar.

(03-S 802) (Substitute "A" as amended) An Act relating to businesses and professions — contractors’ registration.

Read and ordered to be placed on the Supplemental Calendar.

(03-S 1092) (Substitute "A") An Act authorizing the town of North Smithfield to acquire the property, assets, and personnel of the North Smithfield Fire and Rescue Service, Inc. in order to establish a new municipal fire department.

Read and ordered to be placed on the Supplemental Calendar.

(03-S 1144) An Act relating to alcoholic beverages — retail licenses.

Read and ordered to be placed on the Supplemental Calendar.

(03-S 1156) Joint Resolution making an appropriation to pay certain claims.

Read and ordered to be placed on the Supplemental Calendar.

(03-S 1178) Joint Resolution memorializing the United States Congress to enact a Medicare prescription drug benefit.

Read and ordered to be placed on the Supplemental Calendar.

(03-S 1189) An Act relating to weapons.

Read and ordered to be placed on the Supplemental Calendar.

(03-S 1168) (Substitute "A") An Act relating to motor and other vehicles — registration of vehicles.

Read and ordered to be placed on the Supplemental Calendar.

(03-S 1196) An Act relating to criminal offenses — disorderly conduct.

Read and ordered to be placed on the Supplemental Calendar.

REPORTS OF COMMITTEES

COMMITTEE ON CORPORATIONS

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

(03-H 5120) An Act relating to insurance — unfair competition and practices.

Received and ordered to be placed on the Supplemental Calendar.

(03-S 911) An Act relating to insurance — producer licensing act.

Received and ordered to be placed on the Supplemental Calendar.

(03-S 987) (Substitute "A") An Act relating to motor and other vehicles — lighting equipment and reflectors.

Received and ordered to be placed on the Supplemental Calendar.

COMMITTEE ON

HEALTH, EDUCATION AND WELFARE

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

(03-S 445) (Substitute "A") Joint Resolution creating a special legislative commission to study the nursing crisis in Rhode Island Nursing Homes.

Received and ordered to be placed on the Supplemental Calendar.

COMMITTEE ON JUDICIARY

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

(03-H 6431) An Act relating to public property and works — acquisition of land.

Received and ordered to be placed on the Supplemental Calendar.

(03-H 6605) An Act relating to criminal procedure — preliminary proceedings in District Courts.

Received and ordered to be placed on the Supplemental Calendar.

(03-H 6606) An Act relating to District Court.

Received and ordered to be placed on the Supplemental Calendar.

(03-S 332) An Act relating to criminal procedure — preliminary proceedings in District Courts.

Received and ordered to be placed on the Supplemental Calendar.

(03-S 610) An Act relating to towns and cities — relief of firefighters and police officers.

Received and ordered to be placed on the Supplemental Calendar.

CALENDAR

68. (03-H 5888) (Substitute "A") An Act relating to taxation — sales and use taxes — liability and computation.

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

Representative Williamson moves passage of the act, seconded by Representatives Sherlock, Landroche, Laroche and San Bento.

Representative Gorham discusses the act.

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on a roll call vote, 54 members voting in the affirmative and 2 members voting in the negative as follows:

YEAS — 54: The Honorable Speaker Murphy and Representatives Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Carter, Cerra, Coderre, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Handy, Kennedy, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Moran, Mumford, Naughton, Petrarca, Picard, Rose, San Bento, Savage, Shanley, Shavers, Sherlock, Slater, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 2: Representatives Ajello, Gorham.

69. (03-H 6412) (Substitute "A" as amended) An Act relating to tax sales.

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

Representative San Bento moves passage of the act, seconded by Representatives Lewiss, Rose and Williamson.

The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, on a roll call vote, 51 members voting in the affirmative and 2 members voting in the negative as follows:

YEAS — 51: The Honorable Speaker Murphy and Representatives Almeida, Anguilla, Aubin, Benson, Brien, Callahan, Carter, Cerra, Coderre, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Kennedy, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Moran, Mumford, Petrarca, Picard, Rose, San Bento, Savage, Shanley, Shavers, Sherlock, Slater, Smith, Story, Trillo, Wasylyk, Williams, Williamson.

NAYS — 2: Representatives Gorham, Watson.

70. (03-H 5891) (Substitute "A") An Act relating to public property and works — government oversight and fiscal accountability review act.

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

Representative Lima moves passage of the act, seconded by Representatives Slater, Naughton, Ajello, Gallison and Giannini.

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on a roll call vote, 51 members voting in the affirmative and 3 members voting in the negative as follows:

YEAS — 51: The Honorable Speaker Murphy and Representatives Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Carter, Cerra, Coderre, Costantino, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Handy, Kennedy, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Moran, Mumford, Naughton, Petrarca, Picard, Rose, San Bento, Savage, Shanley, Shavers, Sherlock, Slater, Smith, Story, Trillo, Wasylyk, Williams, Williamson.

NAYS — 3: Representatives Callahan, Gorham, Watson.

71. (03-H 6605) An Act relating to criminal procedure — preliminary proceedings in District Courts.

Committee on Judiciary recommends passage.

Representative Flaherty moves passage of the act, seconded by Representatives Malik, Brien and Giannini.

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

YEAS — 56: The Honorable Speaker Murphy and Representatives Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Jacquard, Kennedy, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Moran, Mumford, Naughton, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Trillo, Watson, Williams, Williamson, Winfield.

NAYS — 0.

72. (03-H 6431) An Act relating to public property and works — acquisition of land.

Committee on Judiciary recommends passage.

Representative Flaherty moves passage of the act, seconded by Representatives Lima, Gallison and Naughton.

Representatives Watson, Moffitt, Trillo and Lima discuss the act.

By unanimous consent, Representative Lima, seconded by Representatives Winfield, Naughton, Benson and Giannini, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6431)

Mr. Speaker:

I hereby move to amend (03-H 6431) entitled "AN ACT RELATING TO PUBLIC PROPERTY AND WORKS — ACQUISITION OF LAND" as follows:

On page 1, line 10, by deleting the language "upon passage" and inserting in place thereof the following language "on July 1, 2004".

Respectfully submitted,

CHARLENE LIMA

Representative, District 14

The motion to amend is read and prevails on a roll call vote, 52 members voting in the affirmative and 1 member voting in the negative as follows:

YEAS — 52: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Brien, Callahan, Carter, Cerra, Coderre, Costantino, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Moran, Mumford, Naughton, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shavers, Sherlock, Slater, Smith, Story, Wasylyk, Watson, Williams, Winfield.

NAYS — 1: Representative Trillo.

Read and passed, as amended, on a roll call vote, 57 members voting in the affirmative and 1 member voting in the negative as follows:

YEAS — 57: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Moran, Mumford, Naughton, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 1: Representative Trillo.

73. (03-H 6606) An Act relating to District Court.

Committee on Judiciary recommends passage.

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

Read and passed, 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, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, McHugh, McManus, McNamara, Menard, Moffitt, Moran, Mumford, Naughton, Petrarca, Picard, San Bento, Savage, Shanley, Shavers, Sherlock, Slater, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

AFFIDAVIT

I, Peter Petrarca, State Representative, District 44, hereby under oath, depose and say:

1. I expect to be called upon, in my capacity as State Representative, to participate in the consideration of, and vote upon: (03-H 5120).

2. I have the following interest in the matter listed under paragraph 1, above:

I have a personal interest in the matter.

3. In compliance with Section 36-14-6(1) & (2)A of the General Laws, I hereby request the Speaker of the House of Representatives to excuse me from voting on or participating in the consideration of the matter described in paragraph 1, above.

PETER PETRARCA

Representative, District 44

State of Rhode Island

County of Providence

Subscribed and sworn to before me this 2nd day of July, A.D. 2003.

DAVID W. DUMAS

Notary Public

Representative Petrarca is excused from voting on or participating in the consideration of the matter described in paragraph 1, above.

WILLIAM J. MURPHY

Speaker of the House

of Representatives

CALENDAR

114. (03-H 5120) An Act relating to insurance — unfair competition and practices.

Committee on Corporations recommends passage.

Representative Kennedy moves passage of the act, seconded by Representatives Enos and Long.

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

YEAS — 57: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Moran, Mumford, Naughton, Picard, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, 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 bills being held on the desk.

RECESS

At 8:05 o’clock P.M. the Honorable Speaker Murphy declares the House to be in recess for a period of 20 minutes.

ORDER

At 8:28 o’clock P.M. the Honorable Speaker Murphy calls the House to order.

FROM THE DESK

From the desk is taken:

(03-H 6141) (Substitute "A" as amended) An Act relating to health and safety — fire safety code.

Representative Fox moves passage of the act, seconded by Representatives Landroche, Laroche, Moura, Carter and several other members of the House.

By unanimous consent, Representative Montanaro, seconded by Representative Brien, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6141) (Substitute "A" as amended)

Mr. Speaker:

I hereby move to amend (03-H 6141) (Substitute "A" as amended) entitled "AN ACT RELATING TO HEALTH AND SAFETY — FIRE SAFETY CODE" as follows:

On page 30, line 5, by deleting the language "chief of the local fire department" and inserting in place thereof the following language: "state fire marshal or his/her local designee,".

On page 30, lines 6 and 7, by inserting the following language:

"The Rhode Island Fire Safety Code Board of Appeal and Review is hereby directed to conduct a review of the impact on this subsection (section 23-28.6-5(e)) upon municipalities, fire departments and business owners and report its findings to the General Assembly on or before January 30, 2004."

Respectfully submitted,

FRANK A. MONTANARO

Representative, District 15

Representatives Trillo and Crowley discuss the amendment.

The motion to amend is read and prevails 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, Brien, Callahan, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Williamson, Winfield.

NAYS — 0.

The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, on a roll call vote, 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, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

TRANSMITTAL

By unanimous consent, (03-H 6141) (Substitute "A" as amended) on the Clerk’s desk is ordered to be transmitted to the Honorable Senate forthwith.

FROM THE DESK

From the desk is taken:

(03-S 1132) (Substitute "A") An Act relating to health and safety — fire safety code.

Representative Montanaro moves passage of the act, seconded by Representatives Menard, Ginaitt, Landroche, Laroche, Brien and Moura.

By unanimous consent, Representative Montanaro, seconded by Representatives Menard, Ginaitt, Landroche, Laroche, Brien and Moura, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-S 1132) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-S 1132) (Substitute "A") entitled "AN ACT RELATING TO HEALTH AND SAFETY — FIRE SAFETY CODE" as follows:

On page 30, line 5, by deleting the language "chief of the local fire department" and inserting in place thereof the following language: "state fire marshal or his/her local designee,".

On page 30, lines 6 and 7, by inserting the following language:

"The Rhode Island Fire Safety Code Board of Appeal and Review is hereby directed to conduct a review of the impact on this subsection (section 23-28.6-5(e)) upon municipalities, fire departments and business owners and report its findings to the General Assembly on or before January 30, 2004."

Respectfully submitted,

FRANK A. MONTANARO

Representative, District 15

NOW PRESIDING

At 8:43 o’clock P.M. the Honorable Speaker Murphy yields the rostrum to the Honorable Deputy Speaker Winfield.

FROM THE DESK

The motion to amend is read and prevails on a roll call vote, 65 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 65: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, on a roll call vote, 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, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Crowley, Dennigan, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

CALENDAR

74. (03-S 387) (Substitute "A") An Act relating to food and drugs — uniform controlled substances act.

Ordered on the Calendar.

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

The bill marked Substitute "A" is read and passed, in concurrence, and the original bill indefinitely postponed, on a roll call vote, 61 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 61: Representatives Ajello, Almeida, Amaral, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Long, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

75. (03-S 418) (Substitute "A") An Act relating to education — school committees and superintendents.

Ordered on the Calendar.

Representative Fox moves passage of the act, seconded by Representatives Amaral, Naughton, Aubin, Benson, Sherlock, Shavers and Williams.

The bill marked Substitute "A" is read and passed, in concurrence, 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: 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, Kennedy, Kilmartin, Lally, Landroche, Laroche, 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, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Winfield.

NAYS — 0.

NOW PRESIDING

At 8:50 o’clock P.M. the Honorable Deputy Speaker Winfield yields the rostrum to the Honorable Speaker Murphy.

CALENDAR

76. (03-S 490 as amended) An Act relating to the Rhode Island Justice Commission.

Ordered on the Calendar.

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

Read and passed, as amended, in concurrence, 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, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Lally, Landroche, Laroche, 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, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

77. (03-S 546) An Act relating to motor vehicles.

Ordered on the Calendar.

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

Read and passed, in concurrence, on a roll call vote, 57 members voting in the affirmative and 8 members voting in the negative as follows:

YEAS — 57: The Honorable Speaker Murphy and Representatives Almeida, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Malik, McCauley, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Williams, Williamson, Winfield.

NAYS — 8: Representatives Ajello, Amaral, Gorham, Handy, Moffitt, Savage, Wasylyk, Watson.

Representative Long requests the journal to reflect that he had voted incorrectly on (03-S 546), he should have voted in the negative.

There is no objection.

78. (03-S 662) An Act relating to courts and civil procedure — Family Court.

Ordered on the Calendar.

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

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 Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Picard, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

79. (03-S 667) An Act relating to court administration.

Ordered on the Calendar.

Representative Fox moves passage of the act, seconded by Representatives Malik and Benson.

Read and passed, in concurrence, 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, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, 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, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

80. (03-S 809) (Substitute "A") An Act relating to the Tockwotton Home, originally incorporated as Home For Aged Women.

Ordered on the Calendar.

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

The bill marked Substitute "A" is read and passed, in concurrence, and the original bill indefinitely postponed, on a roll call vote, 65 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 65: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, 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, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

81. (03-S 829) (Substitute "A" as amended) An Act relating to businesses and professions — physical therapists.

Ordered on the Calendar.

Representative Fox moves passage of the act, seconded by Representatives Story and Moffitt.

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

NAYS — 0.

82. (03-S 830) An Act relating to businesses and professions — Board of Medical Licensure and Discipline.

Ordered on the Calendar.

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

Read and passed, in concurrence, on a roll call vote, 63 members voting in the affirmative and 1 member voting in the negative as follows:

YEAS — 63: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 1: Representative Gorham.

83. (03-S 931) (Substitute "A") An Act relating to towns and cities — Chopmist Water District.

Ordered on the Calendar.

Representative Fox moves passage of the act, seconded by Representatives Mumford.

The bill marked Substitute "A" is read and passed, in concurrence, and the original bill indefinitely postponed, on a roll call vote, 62 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 62: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Kennedy, Lally, Landroche, Laroche, Lewiss, Lima, Long, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

84. (03-S 1075) (Substitute "A") An Act relating to corporations — alternative fueled vehicle and filling station credit.

Ordered on the Calendar.

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

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

NAYS — 0.

Representative Long requests the journal to reflect that if he had voted on (03-S 1075) (Substitute "A"), he would have voted in the affirmative.

There is no objection.

85. (03-S 1103) (Substitute "A") An Act relating to taxation — property subject to taxation.

Ordered on the Calendar.

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

The bill marked Substitute "A" is read and passed, in concurrence, and the original bill indefinitely postponed, on a roll call vote, 65 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 65: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Winfield.

NAYS — 0.

86. (03-S 1112) An Act relating to towns and cities — zoning ordinances.

Ordered on the Calendar.

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

Read and passed, in concurrence, on a roll call vote, 67 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 67: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

87. (03-S 1113 as amended) An Act relating to taxation.

Ordered on the Calendar.

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

Read and passed, as amended, in concurrence, on a roll call vote, 67 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 67: 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, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

88. (03-S 1127 as amended) An Act relating to taxation.

Ordered on the Calendar.

Representative Fox moves passage of the act, seconded by Representatives Ajello, Shanley, Williams and San Bento.

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

NAYS — 0.

89. (03-S 1130) An Act authorizing the town of Middletown to finance the construction, furnishing and equipping of an elementary school through the issuance of not more than $8,400,000 bonds and/or notes.

Ordered on the Calendar.

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

Read and passed, in concurrence, on a roll call vote, 62 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 62: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

90. (03-S 1141) An Act authorizing the town of Portsmouth to issue general obligation bonds and/or notes in an amount not to exceed $3,800,000 to construct a field house facility, including a gymnasium for Portsmouth High School.

Ordered on the Calendar.

Representative Fox moves passage of the act, seconded by Representatives Amaral and Enos.

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

NAYS — 0.

91. (03-S 1147) An Act relating to taxation — property subject to taxation.

Ordered on the Calendar.

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

Read and passed, in concurrence, 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, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Laroche, 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, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

92. (03-S 1148) An Act relating to taxation — elderly real property exemption.

Ordered on the Calendar.

Representative Fox moves passage of the act, seconded by Representatives Lally and Shanley.

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

NAYS — 0.

93. (03-S 1160) Joint Resolution making an appropriation to pay certain veterans’ bonuses.

Ordered on the Calendar.

Representative Fox moves passage of the resolution, seconded by Representatives Winfield and Moffitt.

Read and passed, in concurrence, on a roll call vote, 67 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 67: The Honorable Speaker Murphy and Representatives Ajello, 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, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

94. (03-S 1161) An Act authorizing the town of Middletown to borrow up to $2,500,000 for the purpose of financing the construction of sewers and sewerage systems through the issuance of its general obligation bonds or notes including but not limited to, any bonds or notes issued pursuant to financing agreements with the Rhode Island Clean Water Finance Agency.

Ordered on the Calendar.

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

Read and passed, in concurrence, on a roll call vote, 67 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 67: 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, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

95. (03-S 1175) An Act relating to motor and other vehicles — operators’ and chauffeurs’ licenses.

Ordered on the Calendar.

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

Read and passed, in concurrence, on a roll call vote, 63 members voting in the affirmative and 2 members voting in the negative as follows:

YEAS — 63: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Williamson, Winfield.

NAYS — 2: Representatives Moffitt, Watson.

96. (03-S 1157) An Act relating to alcoholic beverages — regulation of sales.

Ordered on the Calendar.

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

Read and passed, in concurrence, on a roll call vote, 59 members voting in the affirmative and 2 members voting in the negative as follows:

YEAS — 59: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, McCauley, McHugh, McManus, McNamara, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 2: Representatives Long, Moffitt.

97. (03-S 1187) An Act relating to special development districts — East Providence.

Ordered on the Calendar.

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

Read and passed, in concurrence, 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, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

98. (03-S 323) An Act relating to education — Rhode Island student investment fund.

Ordered on the Calendar.

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

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

NAYS — 0.

99. (03-S 816) An Act relating to insurance — extended medical benefits.

Ordered on the Calendar.

Representative Fox moves passage of the act, seconded by Representatives Montanaro and Williams.

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

NAYS — 0.

100. (03-S 802) (Substitute "A" as amended) An Act relating to businesses and professions — contractors’ registration.

Ordered on the Calendar.

Representative Fox moves passage of the act, seconded by Representatives Montanaro, Schadone, Benson and Menard.

The bill marked Substitute "A" is read and passed, as amended, in concurrence, and the original bill indefinitely postponed, on a roll call vote, 65 members voting in the affirmative and 3 members voting in the negative as follows:

YEAS — 65: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Williamson, Winfield.

NAYS — 3: Representatives Anguilla, Gorham, Watson.

NOW PRESIDING

At 9:00 o’clock P.M. the Honorable Speaker Murphy yields the rostrum to the Honorable Deputy Speaker Winfield.

CALENDAR

100A. (03-S 553 as amended) An Act relating to health and safety — health care accessibility and quality assurance.

Committee on Corporations recommends passage as amended in concurrence.

Representative Wasylyk moves passage of the act, seconded by Representatives Lima, Naughton, Dennigan and Anguilla.

Read and passed, as amended, in concurrence, 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, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Shanley, Shavers, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Winfield.

NAYS — 0.

NEW BUSINESS

Representative Mumford introduces (03-H 6613) An Act relating to taxation — sales and use taxes — liability and computation.

Representative Mumford requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Mumford, seconded by Representatives Moffitt and Gorham, and by unanimous consent, on a roll call vote, 56 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 56: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Giannini, Ginaitt, Gorham, Handy, Kilmartin, Lally, Landroche, Laroche, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Winfield.

NAYS — 0.

CALENDAR

55. (03-S 857 as amended) An Act relating to insurance — workers’ compensation insurance fund.

Committee on Labor recommends passage as amended in concurrence.

Representative Corvese moves passage of the act, seconded by Representatives Moura and Kilmartin.

Read and passed, as amended, in concurrence, on a roll call vote, 62 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 62: Representatives Ajello, Almeida, Amaral, Aubin, Benson, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Winfield.

NAYS — 0.

101. (03-S 1092) (Substitute "A") An Act authorizing the town of North Smithfield to acquire the property, assets, and personnel of the North Smithfield Fire and Rescue Service, Inc. in order to establish a new municipal fire department.

Ordered on the Calendar.

Representative Fox moves passage of the act, seconded by Representatives Lowe, Corvese, Laroche and Aubin.

The bill marked Substitute "A" is read and passed, in concurrence, and the original bill indefinitely postponed, on a roll call vote, 52 members voting in the affirmative and 7 members voting in the negative as follows:

YEAS — 52: Representatives Amaral, Anguilla, Aubin, Benson, Callahan, Caprio, Carter, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Winfield.

NAYS — 7: Representatives Ajello, Almeida, Cerra, Handy, Long, Moffitt, Moura.

102. (03-S 1144) An Act relating to alcoholic beverages — retail licenses.

Ordered on the Calendar.

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

Read and passed, in concurrence, on a roll call vote, 59 members voting in the affirmative and 5 members voting in the negative as follows:

YEAS — 59: Representatives Ajello, Almeida, Anguilla, Aubin, Benson, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Winfield.

NAYS — 5: Representatives Amaral, Gorham, Long, Moffitt, Watson.

103. (03-S 1156) Joint Resolution making an appropriation to pay certain claims.

Ordered on the Calendar.

Representative Fox moves passage of the resolution, seconded by Representatives Watson and Williams.

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, Aubin, Benson, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Winfield.

NAYS — 0.

104. (03-S 1178) Joint Resolution memorializing the United States Congress to enact a Medicare prescription drug benefit.

Ordered on the Calendar.

Representative Fox moves passage of the resolution, seconded by Representatives Giannini, Ginaitt and Enos.

Representative Moura discusses the resolution.

Read and passed, in concurrence, on a roll call vote, 64 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 64: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Naughton, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

105. (03-S 1189) An Act relating to weapons.

Ordered on the Calendar.

Read, and by unanimous consent, ordered to be placed on the bottom of the Calendar.

106. (03-S 1168) (Substitute "A") An Act relating to motor and other vehicles — registration of vehicles.

Ordered on the Calendar.

Representative Fox moves passage of the act, seconded by Representatives Malik, Enos and Laroche.

The bill marked Substitute "A" is read and passed, in concurrence, and the original bill indefinitely postponed, on a roll call vote, 65 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 65: Representatives Ajello, Almeida, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

Representative Amaral requests the journal to reflect that if he had voted on (03-S 1168) (Substitute "A"), he would have voted in the affirmative.

There is no objection.

107. (03-S 1196) An Act relating to criminal offenses — disorderly conduct.

Ordered on the Calendar.

Representative Fox moves passage of the act, seconded by Representatives Caprio, Lally and Long.

Read and passed, in concurrence, on a roll call vote, 66 members voting in the affirmative and 0 members voting in the negative as follows:

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

NAYS — 0.

FROM THE DESK

From the desk is taken:

(03-S 1075) (Substitute "A") An Act relating to corporations — alternative fueled vehicle and filing station credit.

Representative McNamara moves to reconsider the act, seconded by Representative Fox.

There is no objection.

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

By unanimous consent, Representative McNamara, seconded by Representatives Fox, Long, Kilmartin and Brien, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-S 1075) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-S 1075) (Substitute "A") entitled "AN ACT RELATING TO CORPORATIONS — ALTERNATIVE FUELED VEHICLE AND FILING STATION CREDIT" as follows:

By deleting all of the language after the enactment clause and inserting in place thereof the following:

"SECTION 1. Title 44 of the General Laws entitled "Taxation" is hereby amended by adding thereto the following chapter:

44-39.2-1. Definitions. — As used in this chapter:

44-39.2-2. Tax credits for businesses. — (a) There is allowed as a credit against the tax liability imposed against a taxpayer pursuant to chapters 11, 13, or 30 of this title, with respect to income years of the taxpayer commencing on or after January 1, 1998, and prior to January 1, 2008, an amount equal to fifty percent (50%) of the capital, labor and equipment costs incurred by the taxpayer directly for the construction of any filling station or improvements to any existing filling station in order to provide alternative fuel or for the construction of any recharging station or improvements to any existing recharging station in order to provide for the recharging of electric vehicles.

SECTION 2. Chapter 44-13 of the General Laws entitled "Public Service Corporation Tax" is hereby amended to read as follows:

44-13-5. Deductions for merchandise sales and alternative fuel — (a) In the case of every corporation whose principal business is manufacturing, selling, and distributing to the public illuminating or heating gas, and upon which a tax is imposed under section 44-13-4(5), and in the case of every corporation upon which a tax is imposed under section 44-13-4(2), there shall be allowed as a deduction from the gross earnings from merchandise sales reported by that corporation in its gross earnings tax returns, the net invoice price plus the transportation cost of the merchandise.

SECTION 3. This act shall take effect upon passage, with retroactive applicants to January 1, 2003."

Respectfully submitted,

JOSEPH M. McNAMARA

Representative, District 19

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, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Williamson, Winfield.

NAYS — 0.

The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, on a roll call vote, 62 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 62: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Corvese, Costantino, Crowley, Dennigan, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Williamson, Winfield.

NAYS — 0.

CALENDAR

108. (03-S 286) An Act relating to registration of vehicles — Senator emeritus.

Committee on Finance recommends passage in concurrence.

Representative Sherlock moves passage of the act, seconded by Representatives Wasylyk, Carter, Giannini, Lima, Brien, Montanaro and Long.

Read and passed, in concurrence, on a roll call vote, 64 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 64: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Shanley, Shavers, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

RECESS

At 9:10 o’clock P.M. the Honorable Deputy Speaker Winfield declares the House to be in recess.

ORDER

At 10:45 o’clock P.M. the Honorable Speaker Murphy calls the House to order.

CALENDAR

64. (03-S 1123 as amended) An Act relating to insurers’ rehabilitation and liquidation act.

Committee on Corporations recommends passage as amended in concurrence.

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

Representatives Kennedy and Wasylyk discuss the act.

Read, and by unanimous consent, ordered to be placed on the bottom of the Calendar.

110. (03-S 1126) An Act relating to towns and cities — creating the West Greenwich Water District.

Committee on Corporations recommends passage in concurrence.

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

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

NAYS — 0.

113. (03-S 610) An Act relating to towns and cities — relief of firefighters and police officers.

Committee on Judiciary recommends passage in concurrence.

Representative Fox moves passage of the act, seconded by Representatives San Bento, Corvese, Laroche and Landroche.

Read and passed, in concurrence, 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, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Williamson, Winfield.

NAYS — 0.

Representative Mumford requests the journal to reflect that if she had voted on (03-S 610), she would have voted in the affirmative.

There is no objection.

117. (03-S 1114 as amended) An Act relating to taxation — town of Lincoln.

Ordered on the Calendar.

Representative McManus moves passage of the act, seconded by Representatives Callahan, Long, Story and Gorham.

By unanimous consent, Representative McManus, seconded by Representative Gorham, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-S 1114 as amended)

Mr. Speaker:

I hereby move to amend (03-S 1114 as amended) entitled "AN ACT RELATING TO TAXATION — TOWN OF LINCOLN" as follows:

On page 1, line 3, by deleting the words and figure "five hundred thousand dollars ($500,000)" and inserting in place thereof the words and figure "one million four hundred thousand dollars ($1,400,000)".

Respectfully submitted,

WILLIAM J. McMANUS

Representative, District 46

The motion to amend is read and prevails 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, Callahan, Caprio, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McManus, McNamara, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

Read and passed, as amended, on a roll call vote, 58 members voting in the affirmative and 4 members voting in the negative as follows:

YEAS — 58: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Moffitt, Montanaro, Moran, Mumford, Naughton, Picard, Rose, San Bento, Savage, Schadone, Shavers, Slater, Smith, Story, Tejada, Wasylyk, Williams, Williamson, Winfield.

NAYS — 4: Representatives Menard, Moura, Petrarca, Reilly.

COMMUNICATION FROM THE SENATE

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

(03-S 378) (Substitute "A") An Act relating to state affairs and government — pharmaceutical assistance to the elderly act.

Representative Ginaitt requests unanimous consent for immediate consideration.

There is no objection.

Representative Ginaitt moves passage of the act, seconded by Representatives Tejada, Slater, Costantino and Williams.

The bill marked Substitute "A" is read and passed, in concurrence, 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, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Williamson, Winfield.

NAYS — 0.

TRANSMITTAL

Representative McManus requests to transmit (03-S 1114 as amended) to the Honorable Senate.

There is no objection.

By unanimous consent, (03-S 1114 as amended) on the Clerk’s desk is ordered to be transmitted to the Honorable Senate forthwith.

REPORTS OF COMMITTEES

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-H 6556 as amended) An Act relating to human services — children’s health care — hospice care.

Representative Giannini requests unanimous consent for immediate consideration.

There is no objection.

Representative Giannini moves passage of the act, seconded by Representatives Williams, Ajello, Slater, Coderre, Moran, Handy, Fox, Watson, Brien, Aubin, Benson, Picard, Amaral, Moffitt, Savage, Sherlock 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, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Williams, Williamson, Winfield.

NAYS — 0.

Representative Lima requests the journal to reflect that if she had voted on (03-H 6556 as amended), she would have voted in the affirmative.

There is no objection.

(03-S 47) (Substitute "A" as amended) An Act relating to human services — children’s health care — hospice care.

Representative Giannini requests unanimous consent for immediate consideration.

There is no objection.

Representative Giannini moves passage of the act, seconded by Representatives Slater, Williams, Ajello, Williamson, Moran, Benson, Ginaitt, Handy, Carter, Picard and Cerra.

The bill marked Substitute "A" is read and passed, as amended, in concurrence, and the original bill indefinitely postponed, on a roll call vote, 62 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 62: 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, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, McCauley, McHugh, McManus, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Williams, Williamson, Winfield.

NAYS — 0.

COMMITTEE ON JUDICIARY

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

(03-H 5865) (Substitute "A" as amended) An Act relating to motor and other vehicles — adjudication of traffic offenses.

Representative Flaherty requests unanimous consent for immediate consideration.

There is no objection.

Representative Flaherty moves passage of the act, seconded by Representatives Landroche, Moran, Brien, Long, Amaral and Savage.

The bill marked Substitute "A" is read and passed, as amended, in concurrence, and the original bill indefinitely postponed, on a roll call vote, 62 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 62: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Williamson, Winfield.

NAYS — 0.

(03-H 6571) An Act relating to courts and civil procedure.

Representative Flaherty requests unanimous consent for immediate consideration.

There is no objection.

Representative Flaherty moves passage of the act, seconded by Representatives Fox, Moura and DeSimone.

Representative Gorham discusses the act.

NOW PRESIDING

At 11:10 o’clock P.M. the Honorable Speaker Murphy yields the rostrum to the Honorable Deputy Speaker Winfield.

REPORTS OF COMMITTEE

COMMITTEE ON JUDICIARY

Representative Smith requests to vote on Section C separately.

The Honorable Deputy Speaker rules it is divisible.

Section C, pages 25-27 of the act is read and passed, on a roll call vote, 35 members voting in the affirmative and 11 members voting in the negative as follows:

YEAS — 35: Representatives Ajello, Almeida, Anguilla, Aubin, Brien, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Fox, Gallison, Giannini, Handy, Kilmartin, Landroche, Lowe, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Rose, Schadone, Shavers, Sherlock, Story, Trillo, Williamson, Winfield.

NAYS — 11: Representatives Benson, Callahan, Gorham, Lally, Laroche, Long, McCauley, McManus, Moffitt, Picard, Smith.

Representatives Watson, Amaral and Savage request the journal to reflect that if they had voted on (03-H 6571) Section C, pages 25-27, they would have voted in the negative.

There is no objection.

Representative Story requests the journal to reflect that she voted incorrectly on (03-H 6571) Section C, pages 25-27, she should have voted in the negative.

There is no objection.

The remainder of the act is read and passed, on a roll call vote, 43 members voting in the affirmative and 10 members voting in the negative as follows:

YEAS — 43: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Brien, Callahan, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Kilmartin, Lally, Landroche, Lowe, McCauley, McHugh, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Rose, Savage, Schadone, Shavers, Sherlock, Slater, Story, Trillo, Williams, Williamson, Winfield.

NAYS — 10: Representatives Benson, Gorham, Handy, Laroche, Long, McManus, Moffitt, Picard, Smith, Watson.

(03-S 457 as amended) An Act relating to motor and other vehicles — adjudication of traffic offenses.

Representative Flaherty requests unanimous consent for immediate consideration.

There is no objection.

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

Read and passed, as amended, 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, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, McCauley, McHugh, McManus, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

(03-S 947) An Act relating to probate — town of Bristol.

Representative Flaherty requests unanimous consent for immediate consideration.

There is no objection.

Representative Flaherty moves passage of the act, seconded by Representatives Gallison, Anguilla and Reilly.

By unanimous consent, Representative Flaherty, seconded by Representatives Gallison, Kilmartin and Lima, offers an oral motion to amend.

The motion to amend 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, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, McCauley, McHugh, McManus, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Rose, Savage, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

Read and passed, as amended, 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, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, McCauley, McHugh, McManus, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Williams, Williamson, Winfield.

NAYS — 0.

COMMUNICATION FROM THE SENATE

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

(03-H 5435) (Substitute "A") An Act relating to complaints of harassment.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

Representative Fox moves passage of the act, seconded by Representatives Ajello, Williamson, Giannini and Handy.

The bill marked Substitute "A" is read and passed, in concurrence, and the original bill indefinitely postponed, on a roll call vote, 62 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 62: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, McCauley, McHugh, McManus, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

(03-H 6071) (Substitute "A") An Act relating to food and drugs — uniform controlled substances act.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

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

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

NAYS — 0.

(03-H 6410) (Substitute "A") An Act relating to alcoholic beverages — brewpub manufacturer’s license.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Long, Fox and McCauley 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, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Fox, Giannini, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lima, Lowe, Malik, McCauley, McHugh, McManus, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Watson, Williams, Williamson, Winfield.

NAYS — 0.

(03-H 6123) (Substitute "A") An Act relating to taxation.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

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

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

NAYS — 0.

(03-H 6501) (Substitute "A") An Act relating to alcoholic beverages — retail licenses.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Long, Brien, Fox, Watson and San Bento discuss the act.

Representative Long rises on a point of order for Representative San Bento to speak germane to the act.

The Honorable Deputy Speaker rules for Representative San Bento to speak germane to the act.

Representative Trillo discusses the act.

The bill marked Substitute "A" is read and passed, in concurrence, and the original bill indefinitely postponed, on a roll call vote, 52 members voting in the affirmative and 6 members voting in the negative as follows:

YEAS — 52: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Fox, Gallison, Giannini, Ginaitt, Kennedy, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, McHugh, Menard, Montanaro, Moran, Moura, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Williams, Williamson, Winfield.

NAYS — 6: Representatives Gorham, Handy, Long, McManus, Moffitt, Watson.

(03-H 5056) (Substitute "A") An Act relating to towns and cities — Chopmist Water District.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

Representative Fox moves passage of the act, seconded by Representatives Sherlock, Mumford and Moffitt.

The bill marked Substitute "A" is read and passed, in concurrence, and the original bill indefinitely postponed, on a roll call vote, 61 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 61: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Watson, Williams, Williamson, Winfield.

NAYS — 0.

(03-H 5017) (Substitute "B") An Act relating to alcoholic beverages — regulation of sales.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

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

The bill marked Substitute "B" is read and passed, in concurrence, and the original bill and the bill marked Substitute "A" indefinitely postponed, 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, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Landroche, Laroche, Lewiss, Lima, Lowe, McHugh, McManus, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Slater, Smith, Story, Tejada, Trillo, Williams, Williamson, Winfield.

NAYS — 0.

NOW PRESIDING

At 11:35 o’clock P.M. the Honorable Deputy Speaker Winfield yields the rostrum to the Honorable Speaker Murphy.

COMMUNICATION FROM THE SENATE

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

(03-H 6106) (Substitute "A") Joint Resolution memorializing the United States Congress to enact a Medicare prescription drug benefit.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

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

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 Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kilmartin, Landroche, Lewiss, Lima, Long, Lowe, McHugh, McManus, Menard, Moffitt, Montanaro, Moran, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Watson, Williams, Williamson, Winfield.

NAYS — 0.

(03-H 5769 as amended) An Act relating to businesses and professions.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

Representative Fox moves passage of the act, seconded by Representatives Corvese, Benson, Giannini and Williams.

Read and passed, as amended, in concurrence, on a roll call vote, 57 members voting in the affirmative and 1 member voting in the negative as follows:

YEAS — 57: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Lowe, McHugh, McManus, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 1: Representative Gorham.

(03-H 5951) (Substitute "B" as amended) An Act relating to businesses and professions — physical therapists.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

Representative Fox moves passage of the act, seconded by Representatives Amaral, Sherlock, Story and Mumford.

The bill marked Substitute "B" is read and passed, as amended, in concurrence, and the original bill and the bill marked Substitute "A" indefinitely postponed, on a roll call vote, 54 members voting in the affirmative and 1 member voting in the negative as follows:

YEAS — 54: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Long, Lowe, McHugh, McManus, Menard, Moffitt, Montanaro, Moran, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Wasylyk, Williamson, Winfield.

NAYS — 1: Representative San Bento.

(03-H 5409) (Substitute "A" as amended) An Act relating to banking law — dishonored checks.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

Representative Fox moves passage of the act, seconded by Representatives Enos and Benson.

The bill marked Substitute "A" is read and passed, as amended, in concurrence, and the original bill indefinitely postponed, on a roll call vote, 54 members voting in the affirmative and 1 member voting in the negative as follows:

YEAS — 54: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, McHugh, McManus, Menard, Moffitt, Montanaro, Moura, Mumford, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Watson, Williamson, Winfield.

NAYS — 1: Representative Moran.

(03-H 6476) (Substitute "A") An Act relating to taxation — property subject to taxation.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

Representative Fox moves passage of the act, seconded by Representatives Callahan and Long.

The bill marked Substitute "A" is read and passed, in concurrence, 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, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Long, Lowe, McHugh, McManus, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Watson, Williams, Williamson, Winfield.

NAYS — 0.

(03-H 6471) (Substitute "A") An Act relating to cities and towns — zoning.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

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

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 1 member voting in the negative as follows:

YEAS — 55: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Costantino, Dennigan, DeSimone, Enos, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Landroche, Laroche, Lewiss, Lima, Long, Lowe, McHugh, McManus, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Watson, Williams, Williamson.

NAYS — 1: Representative Kilmartin.

Representative Corvese requests the journal to reflect that if he had voted on (03-H 6471) (Substitute "A"), he would have voted in the affirmative.

There is no objection.

(03-H 5483) (Substitute "A") An Act relating to motor and other vehicles — registration of vehicles.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

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

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, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Fox, Gallison, Giannini, Ginaitt, Gorham, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Williams, Williamson, Winfield.

NAYS — 0.

(03-H 5254) (Substitute "A" as amended) An Act relating to criminal offenses — abandonment and nonsupport.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

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

The bill marked Substitute "A" is read and passed, as amended, in concurrence, and the original bill indefinitely postponed, on a roll call vote, 53 members voting in the affirmative and 4 members voting in the negative as follows:

YEAS — 53: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, DeSimone, Enos, Fox, Gallison, Giannini, Gorham, Handy, Kennedy, Landroche, Lewiss, Lima, Long, Lowe, McHugh, McManus, Menard, Moffitt, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Watson, Williams, Williamson, Winfield.

NAYS — 4: Representatives Brien, Kilmartin, Laroche, Montanaro.

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

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

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

The bill marked Substitute "A" is read and passed, in concurrence, and the original bill indefinitely postponed, on a roll call vote, 61 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 61: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Watson, Williams, Williamson, Winfield.

NAYS — 0.

(03-H 5085 as amended) An Act relating to property.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

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

Read and passed, as amended, in concurrence, on a roll call vote, 53 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 53: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Fox, Giannini, Gorham, Handy, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Long, Lowe, McHugh, McManus, Moffitt, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Williams, Williamson, Winfield.

NAYS — 0.

REPORT OF COMMITTEE

COMMITTEE ON CORPORATIONS

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

(03-S 300) (Substitute "B") An Act relating to low and moderate income housing.

Representative Kennedy requests unanimous consent for immediate consideration.

There is no objection.

Representative Kennedy moves passage of the act, seconded by Representatives Williams, Reilly, Coderre, Long, Shanley, Gallison, McHugh, Carter, Petrarca, Handy and Montanaro.

The bill marked Substitute "B" is read and passed, and the original bill and the bill marked Substitute "A" indefinitely postponed, on a roll call vote, 61 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 61: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, Enos, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, McHugh, McManus, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

NEW BUSINESS

Representatives Trillo, Landroche, Montanaro, Laroche and Ginaitt introduce (03-H 6614) An Act creating a House commission to study the ramifications of the fire safety code.

Representative Trillo requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Trillo, seconded by Representatives Watson, Moffitt, Mumford, Gorham, Laroche, Landroche, Montanaro, Menard and Slater, and by unanimous consent, 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, Almeida, Amaral, Anguilla, Aubin, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Story, Tejada, Trillo, Watson, Williams, Williamson, Winfield.

NAYS — 0.

COMMUNICATION FROM THE SENATE

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

(03-H 6136) (Substitute "A" as amended) An Act relating to health and safety — Lyme Disease diagnosis and treatment.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

Representative Fox moves passage of the act, seconded by Representatives Giannini, Carter, Aubin, Benson, Corvese, Ginaitt, Story, Amaral and Savage.

Representatives Wasylyk and Gallison discuss the act.

The bill marked Substitute "A" is read and passed, as amended, 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, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Watson, Williams, Williamson.

NAYS — 0.

Representative Shanley requests the journal to reflect that if he had voted on (03-H 6136) (Substitute "A" as amended), he would have voted in the affirmative.

There is no objection.

(03-S 1173 as amended) An Act relating to health and safety — Lyme Disease diagnosis and treatment.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

Representative Fox moves passage of the act, seconded by Representatives Gallison, Aubin, Benson, Sherlock, Savage and Montanaro.

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

NAYS — 0.

(03-S 581) (Substitute "A" as amended) An Act relating to fishing.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

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

The bill marked Substitute "A" is read and passed, as amended, in concurrence, and the original bill indefinitely postponed, on a roll call vote, 62 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 62: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Williams, Williamson, Winfield.

NAYS — 0.

(03-S 395) (Substitute "A") An Act relating to state affairs and government — Governor’s Commission on Disabilities.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

Representative Fox moves passage of the act, seconded by Representatives Lima, Giannini, Handy and Cerra.

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

NAYS — 0.

(03-H 5919 as amended) An Act relating to education — health and safety of pupils.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

Representative Fox moves passage of the act, seconded by Representatives Sherlock, Williams, Corvese, Picard, Wasylyk and Malik.

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

NAYS — 0.

CALENDAR

115. (03-S 911) An Act relating to insurance — producer licensing act.

Committee on Corporations recommends passage in concurrence.

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

Read and passed, in concurrence, on a roll call vote, 53 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 53: The Honorable Speaker Murphy and Representatives Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Carter, Cerra, Coderre, Corvese, Crowley, Dennigan, Enos, Fox, Gallison, Giannini, Ginaitt, Handy, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Long, Malik, McHugh, McManus, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Trillo, Watson, Williams, Williamson, Winfield.

NAYS — 0.

Representative DeSimone requests the journal to reflect that if he had voted on (03-S 911), he would have voted in the affirmative.

There is no objection.

COMMUNICATION FROM THE SENATE

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

(03-H 5714) (Substitute "A" as amended) An Act relating to motor and other vehicles.

Representative Flaherty requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Caprio, Flaherty, Watson and Gorham discuss the act.

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

FLOOR AMENDMENT

TO

(03-H 5714) (Substitute "A" as amended)

Mr. Speaker:

I hereby move to amend (03-H 5714) (Substitute "A" as amended) entitled "AN ACT RELATING TO MOTOR AND OTHER VEHICLES" as follows:

1. On page 3, line 4, by inserting the following new subsection before the word "SECTION".

"(i) In the event that any owner contemplated by this section elects to depreciate the vehicle involved in an accident as an asset for federal or state tax purposes, the above provisions shall not apply and such owner shall be deemed to be jointly and severally liable for any negligence committed by the driver of the vehicle."

2. On page 4, line 29, by inserting the following new subsection before the word "SECTION".

"(i) In the event that any owner contemplated by this section elects to depreciate the vehicle involved in an accident as an asset for federal or state tax purposes, the above provisions shall not apply and such owner shall be deemed to be jointly and severally liable for any negligence committed by the driver of the vehicle."

Respectfully submitted,

DAVID A. CAPRIO

Representative, District 34

Representatives Caprio and Fox discuss the amendment.

The motion to amend is read and fails of passage on a roll call vote, 12 members voting in the affirmative and 38 members voting in the negative as follows:

YEAS — 12: Representatives Ajello, Caprio, Cerra, Gorham, Handy, Landroche, Moffitt, Reilly, Rose, Tejada, Wasylyk, Watson.

NAYS — 38: The Honorable Speaker Murphy and Representatives Almeida, Amaral, Aubin, Brien, Carter, Corvese, Costantino, Crowley, Enos, Flaherty, Fox, Gallison, Ginaitt, Kennedy, Kilmartin, Laroche, Lima, Long, Lowe, Malik, McHugh, McManus, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, San Bento, Savage, Shanley, Sherlock, Slater, Story, Winfield.

By unanimous consent, Representative Caprio, seconded by Representatives Wasylyk and Gorham, offers a written motion to amend.

Representative Crowley moves to lay the amendment on the table, seconded by Representative Kilmartin.

The motion to lay the amendment on the table prevails on a roll call vote, 28 members voting in the affirmative and 16 members voting in the negative as follows:

YEAS — 28: Representatives Almeida, Aubin, Carter, Coderre, Corvese, Costantino, Crowley, Enos, Flaherty, Fox, Gallison, Kilmartin, Laroche, Lima, Lowe, Malik, McHugh, Menard, Montanaro, Moura, Naughton, Petrarca, Picard, San Bento, Shanley, Sherlock, Slater, Story.

NAYS — 16: Representatives Ajello, Amaral, Caprio, Cerra, Gorham, Handy, Landroche, Long, McManus, Moffitt, Reilly, Rose, Savage, Smith, Wasylyk, Watson.

Representatives Gorham, Wasylyk and Smith discuss the act.

The bill marked Substitute "A" is read and passed, as amended, in concurrence, and the original bill indefinitely postponed, on a roll call vote, 35 members voting in the affirmative and 21 members voting in the negative as follows:

YEAS — 35: The Honorable Speaker Murphy and Representatives Almeida, Amaral, Aubin, Brien, Corvese, Costantino, Crowley, Enos, Flaherty, Fox, Gallison, Ginaitt, Kennedy, Kilmartin, Laroche, Lima, Long, McHugh, McManus, Menard, Montanaro, Moura, Mumford, Naughton, Petrarca, Picard, San Bento, Savage, Shanley, Slater, Story, Trillo, Watson, Winfield.

NAYS — 21: Representatives Ajello, Anguilla, Caprio, Cerra, Coderre, Dennigan, DeSimone, Gorham, Handy, Landroche, Lowe, Moffitt, Moran, Reilly, Rose, Schadone, Shavers, Smith, Tejada, Wasylyk, Williamson.

Representatives Sherlock, Carter, Callahan and Malik request the journal to reflect that if they had voted on (03-H 5714) (Substitute "A" as amended), they would have voted in the affirmative.

There is no objection.

NEW BUSINESS

Representatives Kennedy, Menard, Fox, Winfield and San Bento introduce (03-H 6615) An Act relating to towns and cities — low and moderate income housing.

Representative Kennedy requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Kennedy, seconded by Representatives Coderre, Carter and Fox, and by unanimous consent, 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, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Kennedy, Kilmartin, Landroche, Laroche, Lima, Long, Lowe, Malik, McHugh, McManus, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

TRANSMITTAL

Representative Gallison requests to transmit (03-H 6136) (Substitute "A") and (03-S 1173) to the Governor.

There is no objection.

By unanimous consent, (03-H 5714), (03-H 6136) (Substitute "A") and (03-S 1173) on the Clerk’s desk are ordered to be transmitted to His Excellency, the Governor forthwith.

COMMUNICATION FROM THE SENATE

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

(03-H 5375) (Substitute "B") An Act relating to criminals — correctional institutions — parole.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

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

The bill marked Substitute "B" is read and passed, in concurrence, and the original bill and the bill marked Substitute "A" 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, Almeida, Amaral, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Fox, Gallison, Giannini, Gorham, Handy, Kennedy, Kilmartin, Landroche, Laroche, Lima, Long, Lowe, Malik, McHugh, McManus, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Watson, Williams, Williamson, Winfield.

NAYS — 0.

(03-S 692) An Act relating to domestic relations — child custody.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

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

Read and passed, in concurrence, on a roll call vote, 55 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 55: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Gallison, Giannini, Ginaitt, Handy, Kennedy, Kilmartin, Landroche, Laroche, Long, Lowe, Malik, McHugh, McManus, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Watson, Williams, Williamson, Winfield.

NAYS — 0.

(03-S 1125) An Act relating to motor and other vehicles — motor fuel tax.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

Representative Fox moves passage of the act, seconded by Representatives Long and Montanaro.

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, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Landroche, Laroche, Long, Lowe, Malik, McHugh, McManus, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Watson, Williams, Williamson, Winfield.

NAYS — 0.

(03-S 1174) An Act relating to towns and cities — Echo Lake water district.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

Representative Fox moves passage of the act, seconded by Representatives McHugh, Aubin and Brien.

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, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Landroche, Laroche, Long, Lowe, Malik, McHugh, McManus, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

(03-S 905) (Substitute "A") An Act relating to taxation — sales and use taxes — liability and computation.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

Representative Fox moves passage of the act, seconded by Representatives Williamson and Landroche.

The bill marked Substitute "A" is read and passed, in concurrence, and the original bill indefinitely postponed, on a roll call vote, 57 members voting in the affirmative and 2 members voting in the negative as follows:

YEAS — 57: The Honorable Speaker Murphy and Representatives Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Handy, Kennedy, Kilmartin, Landroche, Laroche, Long, Lowe, Malik, McHugh, McManus, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 2: Representatives Ajello, Gorham.

(03-S 1182) An Act relating to taxation — Warwick.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

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

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, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Gallison, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Landroche, Laroche, Long, Lowe, Malik, McHugh, McManus, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

(03-S 1188) An Act relating to miscellaneous rules.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

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

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, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Landroche, Laroche, Long, Lowe, Malik, McHugh, McManus, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

(03-S 1199) An Act relating to criminal offenses.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

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

Read and passed, in concurrence, on a roll call vote, 52 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 52: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Aubin, Benson, Brien, Callahan, Caprio, Carter, Coderre, Corvese, Costantino, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Gorham, Kennedy, Kilmartin, Landroche, Laroche, Lowe, Malik, McHugh, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Shanley, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

(03-S 1202) An Act relating to taxation.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

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

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: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Landroche, Laroche, Long, Lowe, Malik, McHugh, McManus, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Watson, Williams, Williamson, Winfield.

NAYS — 0.

(03-S 668) (Substitute "B" as amended) An Act relating to motor and other vehicles.

Representative Flaherty requests unanimous consent for immediate consideration.

There is no objection.

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

The bill marked Substitute "B" is read and passed, as amended, in concurrence, and the original bill and the bill marked Substitute "A" indefinitely postponed, on a roll call vote, 40 members voting in the affirmative and 16 members voting in the negative as follows:

YEAS — 40: The Honorable Speaker Murphy and Representatives Almeida, Amaral, Aubin, Benson, Brien, Carter, Cerra, Corvese, Costantino, Enos, Flaherty, Fox, Gallison, Ginaitt, Kennedy, Kilmartin, Laroche, Lima, Long, Lowe, Malik, McHugh, Menard, Montanaro, Moura, Mumford, Naughton, Petrarca, Picard, Rose, Savage, Shanley, Sherlock, Slater, Story, Trillo, Wasylyk, Watson, Winfield.

NAYS — 16: Representatives Ajello, Callahan, Caprio, Coderre, DeSimone, Gorham, Handy, Landroche, McManus, Moffitt, Moran, Reilly, Schadone, Shavers, Smith, Williamson.

TRANSMITTAL

By unanimous consent, (03-S 668) (Substitute "B" as amended) on the Clerk’s desk is ordered to be transmitted to His Excellency, the Governor forthwith.

COMMUNICATION FROM THE SENATE

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

(03-H 6005) (Substitute "A") An Act relating to health and safety — health care accessibility and quality assurance act.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

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

Representative Montanaro moves to recommit the act, seconded by Representative Moura.

The motion to recommit fails of passage, on a roll call vote, 3 members voting in the affirmative and 46 members voting in the negative as follows:

YEAS — 3: Representatives Ginaitt, Montanaro, Moura.

NAYS — 46: Representatives Ajello, Almeida, Amaral, Aubin, Brien, Callahan, Caprio, Carter, Coderre, Corvese, Costantino, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Kilmartin, Landroche, Laroche, Lima, Long, McHugh, McManus, Menard, Moffitt, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Wasylyk, Williamson, Winfield.

Representatives Caprio and Wasylyk 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, 46 members voting in the affirmative and 2 members voting in the negative as follows:

YEAS — 46: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Brien, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Fox, Gallison, Giannini, Handy, Kilmartin, Laroche, Lima, Long, Lowe, Malik, McHugh, McManus, Menard, Moffitt, Moran, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Shavers, Sherlock, Slater, Story, Tejada, Trillo, Wasylyk, Watson.

NAYS — 2: Representatives Montanaro, Moura.

(03-S 1185) Joint Resolution declaring and consenting to a recess of the General Assembly.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

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

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

YEAS — 54: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kilmartin, Landroche, Laroche, Lima, Long, Lowe, McHugh, McManus, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Shavers, Sherlock, Slater, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson.

NAYS — 0.

TRANSMITTAL

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

CONGRATULATIONS

Representative Kilmartin wishes his law school classmate Representative Norman Landroche, and his brother Steve a Happy Birthday today, July 3.

Also:

Representative Giannini congratulates Representative Slater on being honored by Campaign Healthy Rhode Island and receiving the Leadership Statewide Health Award.

Also:

Representative Costantino congratulates Chairman Sherlock on the birth of his granddaughter Elizabeth Devine Sherlock, born June 29, 2003.

THANK YOU

Representative Corvese extends a thank you to Lou D’Antuono, and his staff and the pages.

Also:

Representative Corvese extends a thank you to Legislative Council, John O’Connor and staff.

Also:

Representative Trillo also thanks Legislative Council and the Minority Staff.

Also:

Representative Moura wishes to thank the staff from the following offices for all of their hard work: Legislative Press, Legislative Data, Legislative Council, the Speaker’s Office, everyone upstairs, AG, Mike, Joe and all the ladies. Representative Moura also commends this year’s Freshman Class.

Also:

Representative Williamson thanks the new leadership Speaker Murphy and Majority Leader Fox.

Also:

Minority Leader Watson extends a thank you to Paul Green on behalf of the Republicans and the Democrats who share him.

Also:

Minority Leader Watson also thanks Debbie Lavender, Tracy Barros and Steve Waluk.

Also:

Majority Leader Fox expresses his pride in serving as Majority Leader and extends his gratitude for working with Speaker Murphy and everyone else. Majority Leader Fox also thanks his staff for their commitment, and Bill Guglietta, his Legal Counsel for serving with distinction.

Also:

Representative Costantino, on behalf of Chairman Sherlock, commends the backbone of the budget — the Fiscal Staff: Michael O’Keefe, House Fiscal Advisor, Kathleen Bello, Bob Carr, Liza Cohen, Edie Flores, Linda Haley, Christy Healey, Karen Mathews, Roberta Mendes, Ben Nemser, James Pontarelli, Sharon Reynolds, Christopher Wright and John Mansolillo.

Also:

Representative Trillo thanks Speaker Murphy and Majority Leader Fox for their fairness.

Also:

Representative Amaral thanks the pages for their dedication on doing an outstanding job.

Also:

Representative Long thanks Minority Leader Watson for a job well done.

Also:

The Honorable Speaker Murphy thanks everyone for their support.

ADJOURNMENT

At 1:20 o’clock P.M. on Thursday, July 3, 2003, on motion of Representative Amaral, and as a further mark of respect to the memory of Henry Beirola and Helen Medeiros; on motion of Representatives Moura and Reilly, and as a further mark of respect to the memory of Janet Frazier, seconded by Representatives Fox and Watson, the House in adjourns, pursuant to (03-S 1185), on a unanimous rising vote.

LINDA McELROY

_________

INVOCATION

REPRESENTATIVE ROBERT B. LOWE

Lord, soon this legislative session will be over. Grant that we may be able to look back upon it with pride in the things we accomplished, and satisfaction that we did our best. Amen.

_________

TRANSMITTED TO THE GOVERNOR

(03-H 5191) (Substitute "A") An Act relating to property subject to taxation.

(03-H 5342) (Substitute "A" as amended) An Act relating to criminal procedure – warrants for arrest.

(03-H 5389) (Substitute "B") An Act relating to health and safety – birth defects surveillance system.

(03-H 5701 as amended) An Act relating to towns and cities – relief of firefighters and police officers.

(03-H 5714) (Substitute "A" as amended) motor and other vehicles.

(03-H 5897) (Substitute "B") An Act relating to securities.

(03-H 5909) (Substitute "B") An Act relating to insurance – small employer health insurance availability act.

(03-H 6136) (Substitute "A" as amended) An Act relating to health and safety – Lyme Disease diagnosis and treatment.

(03-H 6181) (Substitute "B") An Act relating to insurance – small employer health insurance.

(03-H 6453) (Substitute "A") An Act authorizing the town of North Smithfield to acquire the property, assets, and personnel of the North Smithfield Fire and Rescue Service, Inc. in order to establish a new municipal fire department.

(03-S 668) (Substitute "B") An Act relating to motor and other vehicles.

(03-S 1173 as amended) An Act relating to Lyme Disease diagnosis and treatment.