JOURNAL -OF THE- HOUSE OF REPRESENTATIVES

Transcription

1 State of Rhode Island and Providence Plantations JOURNAL -OF THE- HOUSE OF REPRESENTATIVES JANUARY SESSION of the General Assembly begun and held at the State House in the City of Providence on Tuesday, the fourth day of January in the year of Our Lord two thousand and five. Volume 132, No. 71 Thursday, June 30, 2005 Seventy-first Day The House of Representatives meets at the State House in Providence, Thursday, June 30, 2005 and is called to order at 2:46 o clock P.M., by the Honorable William J. Murphy, Speaker. The roll is called and a quorum is declared present with 72 members present and 3 members absent as follows: PRESENT - 72: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Brien, Caprio, Carter, Church, Coderre, Corvese, Costantino, Crowley, Davey, Dennigan, DeSimone, Diaz, Ehrhardt, Faria, Flaherty, Fox, Gallison, Gemma, Giannini, Ginaitt, Gorham, Handy, Jackson, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Loughlin, Malik, McCauley, McHugh, McManus, McNamara, Melo, Menard, Moffitt, Moran, Moura, Mumford, Naughton, O'Neill, Pacheco, Palumbo, Petrarca, Picard, Rice, Rose, San Bento, Savage, Schadone, Shanley, Singleton, Slater, Smith, Story, Sullivan, Trillo, Voccola, Watson, Williams, Williamson, Winfield. ABSENT 3: Representative Scott, Ucci, Wasylyk. INVOCATION The Honorable Speaker presents Representative Williamson who delivers the Invocation and leads the membership in the Pledge of Allegiance to the Flag. (For Invocation, see Appendix, this Journal.) APPROVAL OF RECORD By unanimous consent, the House Journal of Wednesday, June 29, 2005 is approved as printed.

2 H.J JOURNAL Thursday, June 30, 2005 REPORTS OF COMMITTEES COMMITTEE ON CORPORATIONS Representative Kennedy, for the Committee on Corporations, reports back the following measures, with recommendation of passage: House Bill No SUB A BY Picard, San Bento, Trillo ENTITLED, AN ACT RELATING TO LEAD HAZARD MITIGATION (repeal the sunset provision of the act) {LC3545/1/A} 06/30/2005 Placed on House Calendar. House Bill No BY Picard, San Bento, Trillo ENTITLED, AN ACT RELATING TO LEAD HAZARD REDUCTION (delay the implementation of the Lead Hazard Mitigation Act until July 1, 2006) {LC3551/1} 06/30/2005 Placed on House Calendar. House Bill No SUB A BY Handy, Slater, Williams, Coderre E, Almeida ENTITLED, AN ACT RELATING TO PUBLIC UTILITIES AND CARRIERS -- DUTIES OF UTILITIES AND CARRIERS (heat shut off could have their service restored if they pay ten percent) {LC3318/2/A} 06/30/2005 Placed on House Calendar Senate Bill No SUB B BY Perry, Goodwin, Cote, Bates, Roberts ENTITLED, AN ACT RELATING TO LEAD HAZARD MITIGATION (make amendments to the Lead Hazard Mitigation Act) {LC3520/1/B} 06/30/2005 Placed on House Calendar. Senate Bill No BY Gibbs ENTITLED, AN ACT RELATING TO ZONING ORDINANCES (consist of five (5) members, each to hold office for a term of five (5) years) {LC3368/1} 06/30/2005 Placed on House Calendar COMMITTEE ON FINANCE Representative Costantino, for the Committee on Finance, reports back the following measures, with recommendation of passage: House Bill No SUB A BY Jacquard ENTITLED, AN ACT RELATING TO PROPERTY SUBJECT TO TAXATION {LC1278/2/A} 06/30/2005 Placed on House Calendar

3 H.J JOURNAL Thursday, June 30, 2005 House Bill No SUB A as amended BY Costantino, Lewiss ENTITLED, AN ACT RELATING TO TAXATION (Mill Buildings District in Providence/grant artists, composers and writers the same tax exemptions afforded artists, composers and writers in the other arts districts throughout the state) {LC3404/1/A} 06/30/2005 Placed on House Calendar House Bill No SUB A (Governor) BY Mumford, Davey, Long, Savage, Singleton ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE EXECUTIVE DEPARTMENT -- ESTABLISHMENT OF THE SECRETARIAT OF HEALTH AND HUMAN SERVICES (establish the secretariat of health and human services) {LC1976/1/A} 06/30/2005 Placed on House Calendar House Bill No BY Watson ENTITLED, AN ACT AUTHORIZING THE TOWN OF EAST GREENWICH TO FINANCE THE ACQUISITION OF LAND FOR, AND THE CONSTRUCTION, FURNISHING AND EQUIPPING OF, A NEW POLICE STATION AND ITS FACILITIES IN THE TOWN BY THE ISSUANCE OF NOT MORE THAN $8,000,000 BONDS AND/OR NOTES THEREFOR {LC3399/1} 06/30/2005 Placed on House Calendar House Bill No as amended BY Naughton, McNamara, Gemma, Crowley, Flaherty ENTITLED, AN ACT RELATING TO MENTAL HEALTH, RETARDATION AND HOSPITALS -- COMMUNITY MENTAL HEALTH SERVICES (permit a provider to bill separately for services provided by certain program) {LC3529/1} 06/30/2005 Placed on House Calendar Senate Bill No SUB B BY Badeau ENTITLED, AN ACT RELATING TO CAMPAIGN CONTRIBUTIONS -- ELECTRONIC REPORTING {LC3319/1/B} 06/30/2005 Placed on House Calendar Senate Bill No SUB A BY Montalbano J, Goodwin, McBurney, Damiani, Bates ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT - STATE LOTTERY ( would allow the director of the lottery commission to implement changes structured in the lottery games, Powerball, Keno and/or other monitor games, if the lottery commission is liable to constitute a quorum of its duly constituted membership.) {LC3415/1/A} 06/30/2005 Placed on House Calendar

4 H.J JOURNAL Thursday, June 30, 2005 Senate Bill No. 837 SUB A BY Alves ENTITLED, AN ACT RELATING TO PUBLIC UTILITIES AND CARRIERS -- MOTOR CARRIERS OF PROPERTY (diesel fuel) {LC2479/2/A} 06/30/2005 Placed on House Calendar Senate Bill No SUB A BY Walaska, Alves, Perry ENTITLED, AN ACT RELATING TO MENTAL HEALTH, RETARDATION AND HOSPITALS -- COMMUNITY MENTAL HEALTH SERVICES ( permit a provider to bill separately for services provided by certain program operated by a Comprehensive Community Mental Health Center) {LC3176/1/A} 06/30/2005 Placed on House Calendar Senate Bill No BY Perry ENTITLED, AN ACT RELATING TO TOWNS AND CITIES - RELIEF OF INJURED AND DECEASED FIREFIGHTERS AND POLICE OFFICERS {LC3643/1} 06/30/2005 Placed on House Calendar Senate Bill No as amended BY Alves ENTITLED, AN ACT RELATING TO CONVENTION CENTER AUTHORITY ACT {LC3590/1} 06/30/2005 Placed on House Calendar COMMITTEE ON HEALTH, EDUCATION AND WELFARE Representative McNamara, for the Committee on Health, Education and Welfare, reports back the following measures, with recommendation of passage: House Bill No SUB A BY Lima, Gallison ENTITLED, AN ACT RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- ANIMAL CARE (disposal of animals by lethal injection only) {LC2549/3/A} 06/30/2005 Placed on House Calendar Senate Bill No. 379 SUB B BY Tassoni, Goodwin, McBurney, Doyle ENTITLED, AN ACT RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- ANIMAL CARE {LC1438/3/B} 06/30/2005 Placed on House Calendar

5 H.J JOURNAL Thursday, June 30, 2005 COMMITTEE ON SEPARATION OF POWERS Representative Coderre, for the Committee on Separation of Powers, reports back the following measure, with recommendation of passage: House Bill No SUB A BY Crowley, Flaherty, Anguilla, Fox, Costantino ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- STATE LOTTERY (abolish lottery commission/establish a division of state lottery within the dept of adm, create a permanent legislative joint committee on the state lottery) {LC597/2/A} 06/30/2005 Placed on House Calendar FROM THE DESK IS TAKEN Senate Bill No. 376 BY Goodwin ENTITLED, AN ACT RELATING TO ALCOHOLIC BEVERAGES (farmer winery license) {LC1459/1} 07/01/2005 Placed on House Calendar Senate Bill No BY Alves ENTITLED, AN ACT RELATING TO HEALTH INSURANCE COVERAGE -- MANDATED HEARING AID COVERAGE {LC3598/1} 07/01/2005 Placed on House Calendar Senate Bill No BY Gibbs ENTITLED, AN ACT RELATING TO ALCOHOLIC BEVERAGES -- RETAIL LICENSES {LC3628/1} 07/01/2005 Placed on House Calendar NEW BUSINESS House Bill No BY Naughton, Watson, Kilmartin ENTITLED, AN ACT RELATING TO MOTOR AND OTHER VEHICLES -- STOPPING, STANDING AND PARKING RESTRICTIONS {LC3642/1} Representative Naughton requests unanimous consent for immediate consideration. There is no objection.

6 H.J JOURNAL Thursday, June 30, 2005 Read and passed, on a motion of Representative Naughton seconded by Representative Fox 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, Brien, Caprio, Carter, Church, Coderre, Corvese, Crowley, Davey, Dennigan, DeSimone, Diaz, Faria, Fox, Gallison, Gemma, Giannini, Ginaitt, Gorham, Jackson, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Long, Loughlin, Malik, McCauley, McManus, McNamara, Melo, Menard, Moffitt, Moran, Moura, Mumford, Naughton, O'Neill, Petrarca, Picard, Rice, San Bento, Savage, Schadone, Singleton, Slater, Smith, Story, Sullivan, Trillo, Voccola, Watson, Williams, Williamson. NAYS - 0. House Bill No BY Lima, Jacquard, Palumbo, McNamara, Davey, Handy ENTITLED, AN ACT EXEMPTING THE REAL, MIXED AND PERSONAL PROPERTY OF CRANSTON POLICE FRATERNAL ADVANCEMENT ASSOCIATION, INC. {LC3637/1} Representative Lima requests unanimous consent for immediate consideration. There is no objection. Read and passed, on a motion of Representative Lima seconded by Representatives Jacquard and Davey 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, Brien, Caprio, Carter, Church, Coderre, Corvese, Costantino, Crowley, Davey, Dennigan, DeSimone, Diaz, Ehrhardt, Faria, Flaherty, Fox, Gallison, Gemma, Ginaitt, Gorham, Jackson, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Loughlin, Malik, McCauley, McManus, McNamara, Melo, Menard, Moffitt, Moran, Moura, Mumford, Naughton, O'Neill, Pacheco, Palumbo, Petrarca, Picard, Rice, San Bento, Savage, Schadone, Shanley, Singleton, Slater, Smith, Story, Sullivan, Trillo, Voccola, Watson, Williams, Williamson. NAYS - 0. House Resolution No BY Dennigan, Slater, Diaz, Almeida, Williams ENTITLED, HOUSE RESOLUTION CONGRATULATING ELLEN J. SLATER GOPALAKRISHNAN, R.N., B.S.N., O.C.N. ON BEING SELECTED FOR THE 2005 JAFFE AWARD FOR NURSING EXCELLENCE {LC3442/1} Representative Dennigan requests unanimous consent for immediate consideration.

7 H.J JOURNAL Thursday, June 30, 2005 There is no objection. Read and passed, on a motion of Representative Dennigan seconded by the Entire House of Representatives by unanimous consent, on a voice vote. TRANSMITTAL By unanimous consent, all matters on the Clerk s desk are ordered to be transmitted to the Honorable Senate, forthwith. COMMUNICATION The Honorable Speaker announces the receipt of the following communication: June 27, 2005 Speaker William J. Murphy 323 State House Providence, RI Dear Mr. Speaker, Please be advised that due to a long-standing commitment, I will be unable to attend session Thursday, June 30 between 6:00 p.m. and 9:00 p.m. I would appreciate it if you would have the record reflect this information for the day in question. Very truly yours, Fausto C. Anguilla State Representative District # 68 Received and placed on file. COMMUNICATION FROM THE SENATE A message from the Honorable Senate transmits with announcement of passage, of the following measures: Senate Bill No BY Paiva-Weed, Tassoni, Ruggerio ENTITLED, AN ACT RELATING TO SEPARATION OF POWERS -- EDUCATION {LC3647/1} 06/30/2005 House to House Separation of Powers

8 H.J JOURNAL Thursday, June 30, 2005 Senate Bill No BY Lenihan, Caprio F, Ciccone, Blais ENTITLED, AN ACT RELATING TO SEPARATION OF POWERS {LC3659/1} 06/30/2005 Referred to House Separation of Powers Senate Bill No BY Lenihan, Metts, Bates, Damiani ENTITLED, AN ACT RELATING TO SEPARATION OF POWERS {LC3648/1} 06/30/2005 Referred to House Separation of Powers Senate Bill No BY Sosnowski, Paiva-Weed, Raptakis, Gibbs, Felag ENTITLED, AN ACT RELATING TO SEPARATION OF POWERS {LC3646/1} 06/30/2005 Referred to House Separation of Powers Senate Bill No BY Connors, Perry, McCaffrey, Polisena ENTITLED, AN ACT RELATING TO SEPARATION OF POWERS {LC3658/1} 06/30/2005 Referred to House Separation of Powers Senate Bill No. 389 SUB A BY Caprio F, Raptakis ENTITLED, AN ACT RELATING TO EDUCATION -- ATHLETIC DIRECTORS (certified by the National Federation of High Schools as athletic directors) {LC1346/2/A} Referred to House H.E.W. Senate Bill No BY Blais, Damiani, Polisena ENTITLED, AN ACT RELATING TO EDUCATION -- SCHOOL DEPARTMENT EMPLOYEES {LC3632/1} 06/30/2005 Referred to House H.E.W. Senate Bill No as amended BY Blais, Connors ENTITLED, AN ACT RELATING TO MOTOR AND OTHER VEHICLES -- ADJUDICATION OF TRAFFIC OFFENSES {LC3662/1} 06/30/2005 Referred to House H.E.W. Senate Bill No BY Roberts, Levesque C, Walaska ENTITLED, AN ACT RELATING TO WATERS AND NAVIGATION -- WATER RESOURCES BOARD {LC3650/1} 06/30/2005 Referred to House H.E.W.

9 H.J JOURNAL Thursday, June 30, 2005 Senate Bill No. 114 SUB A BY Blais, McCaffrey, Polisena, Paiva-Weed, Algiere ENTITLED, AN ACT RELATING TO HUMAN SERVICES -- TRAUMATIC BRAIN INJURIES (Traumatic brain injury fund) {LC723/1/A} 06/30/2005 Referred to House Separation of Powers Senate Bill No as amended BY Alves ENTITLED, AN ACT RELATING TO CONVENTION CENTER AUTHORITY ACT {LC3590/1} 06/30/2005 Referred to House Finance Senate Bill No BY Raptakis, Goodwin, Ciccone, Alves, McBurney ENTITLED, AN ACT RELATING TO PUBLIC PROPERTY AND WORKS {LC3567/1} 06/30/2005 Referred to House Finance Senate Bill No. 885 SUB A BY Ruggerio, Goodwin ENTITLED, AN ACT RELATING TO WATERS AND NAVIGATION -- NARRAGANSETT BAY COMMISSION (sanitary and combined sewer systems from municipalities) {LC1233/1/A} 06/30/2005 Referred to House Finance Senate Bill No. 294 SUB A BY Gibbs, Breene, Lenihan, Cote, Polisena ENTITLED, AN ACT RELATING TO MOTOR AND OTHER VEHICLES (neighborhood electric vehicle) {LC1831/1/A} 06/30/2005 Placed on House Calendar Senate Bill No as amended BY Felag, Paiva-Weed, Bates, Gibbs, Levesque C ENTITLED, AN ACT RELATING TO EDUCATION -- COOPERATIVE SERVICE AMONG SCHOOL DISTRICTS (authorize the East Bay Educational Collaborative's Regional Board of Directors with certain powers relating to both real and personal property) {LC3470/1} 06/30/2005 Placed on House Calendar Senate Bill No BY Lenihan, Raptakis ENTITLED, AN ACT AUTHORIZING THE TOWN OF EAST GREENWICH TO FINANCE THE ACQUISITION OF LAND FOR, AND THE CONSTRUCTION, FURNISHING AND EQUIPPING OF, A NEW POLICE STATION AND ITS FACILITIES IN THE TOWN BY THE ISSUANCE OF NOT MORE THAN $8,000,000 BONDS AND/OR NOTES THEREFOR {LC3393/1} 06/30/2005 Placed on House Calendar

10 H.J JOURNAL Thursday, June 30, 2005 Senate Bill No. 285 SUB A BY Levesque C, Perry ENTITLED, AN ACT RELATING TO MOTOR AND OTHER VEHICLES (define a low speed vehicle) {LC1255/1/A} 06/30/2005 Placed on House Calendar Senate Bill No BY Fogarty P, Gallo, Levesque C, Walaska ENTITLED, AN ACT RELATING TO BUSINESS AND PROFESSIONS -- TOWN OF BURRILLVILLE (certificate of insurance/comprehensive general liability coverage) {LC3111/1} 06/30/2005 Placed on House Calendar Senate Bill No as amended BY Sheehan, Cote, Issa, Doyle, Lanzi ENTITLED, AN ACT RELATING TO SEPARATION OF POWERS (remove legislators and legislative appointees from various boards and commissions) {LC3154/1} 06/30/2005 Placed on House Calendar Senate Bill No BY Perry ENTITLED, AN ACT RELATING TO TOWNS AND CITIES - RELIEF OF INJURED AND DECEASED FIREFIGHTERS AND POLICE OFFICERS {LC3643/1} 06/30/2005 Placed on House Calendar Senate Bill No SUB A BY Alves, Raptakis, Breene ENTITLED, AN ACT RELATING TO TOURISM AND DEVELOPMENT (would create a ninth regional tourism district, the Pawtuxet Valley district.) {LC3426/1/A} 06/30/2005 Referred to House Finance Senate Bill No BY Sheehan, Lenihan, Ciccone, Raptakis, Breene ENTITLED, AN ACT RELATING TO THE DEPARTMENT OF ADMINISTRATION {LC3653/1} 06/30/2005 Referred to House Finance Senate Bill No. 478 SUB A as amended BY Metts, Pichardo, Levesque C, Perry ENTITLED, AN ACT RELATING TO TAX SALES (RIHMFC would have right of first refusal to acquire the tax lien for residential property or containing less than 4 units) {LC1377/3/A} 06/30/2005 Referred to House Finance

11 H.J JOURNAL Thursday, June 30, 2005 Senate Bill No. 797 SUB A BY Damiani, Polisena, Sosnowski ENTITLED, AN ACT RELATING TO WATERS AND NAVIGATION -- HARBOR AND HARBOR LINES (require all harbor master to attend either a state or municipal police academy) {LC1827/1/A} 07/01/2005 Referred to House Finance Senate Bill No. 305 SUB A as amended BY Sosnowski, Breene, Blais, Bates, Damiani ENTITLED, AN ACT RELATING TO AGRICULTURE AND FORESTRY (ordinances have on agricultural industry within cities and towns) {LC1457/1/A} 07/01/2005 Referred to House Finance Senate Resolution No BY Perry, Lenihan, Lanzi, Gibbs ENTITLED, JOINT RESOLUTION EXTENDING THE REPORTING DATE AND AMENDING THE MEMBERSHIP OF THE SPECIAL LEGISLATIVE COMMISSION TO STUDY THE BENEFITS AND SUPPORT SYSTEM FOR ADOPTIONS IN THE STATE OF RHODE ISLAND {LC3533/1} 07/01/2005 Placed on House Calendar Senate Bill No. 547 SUB A (by request) BY Walaska ENTITLED, AN ACT RELATING TO FINANCIAL INSTITUTIONS (capital stock to convert to a general business corporation) {LC1909/4/A} 07/01/2005 Placed on House Calendar Senate Bill No SUB A as amended BY Roberts, Paiva-Weed, Felag ENTITLED, AN ACT RELATING TO FIDUCIARIES -- PUBLIC RADIO STATIONS ( would establish a statutory regulation system concerning public radio stations and their conversions) {LC3408/1/A} 07/01/2005 Placed on House Calendar Senate Bill No. 740 SUB A BY Tassoni, Doyle, McBurney, Roberts ENTITLED, AN ACT RELATING TO HEALTH AND SAFETY (establish the Rhode Island Autism Spectrum Disorder Evaluation and Treatment Act) {LC1802/1/A} 07/01/2005 Placed on House Calendar Senate Bill No BY Alves ENTITLED, AN ACT RELATING TO HEALTH INSURANCE COVERAGE -- MANDATED HEARING AID COVERAGE {LC3598/1} 07/01/2005 Placed on House Calendar

12 H.J JOURNAL Thursday, June 30, 2005 Senate Bill No. 719 SUB A BY Pichardo, Doyle, Gallo, Connors, Felag ENTITLED, AN ACT RELATING TO ELECTIONS -- REGISTRATION OF VOTERS (formatting and electronic transmission of voter registration at DMV or another state agency) {LC2370/1/A} 07/01/2005 Placed on House Calendar Senate Bill No BY Gibbs ENTITLED, AN ACT RELATING TO ALCOHOLIC BEVERAGES -- RETAIL LICENSES {LC3628/1} 07/01/2005 Placed on House Calendar Senate Bill No BY Lanzi ENTITLED, AN ACT EXEMPTING THE REAL, MIXED AND PERSONAL PROPERTY OF CRANSTON POLICE FRATERNAL ADVANCEMENT ASSOCIATION, INC. {LC3626/1} 07/01/2005 Placed on House Calendar Senate Bill No. 770 SUB A BY Felag ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF ENVIRONMENTAL MANAGEMENT -- ELIMINATION OF GASOLINE ETHERS, MTBE AND TBA FROM GASOLINE SUPPLIES (elimination of gasoline ethers, MTBE and TBA from the gasoline supplies.) {LC1825/1/A} 07/01/2005 Placed on House Calendar Senate Bill No BY Raptakis ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES {LC3652/1} 07/01/2005 Placed on House Calendar Senate Bill No SUB A as amended (by request) BY Damiani ENTITLED, AN ACT RELATING TO TOWNS AND CITIES -- GENERAL POWERS (police officers or firefighters residing in the city or town of employment) {LC2927/1/A} 07/01/2005 Placed on House Calendar Senate Bill No. 882 as amended (Secretary of State) BY Pichardo, Gallo, Levesque C ENTITLED, AN ACT RELATING TO ELECTIONS (allow mail ballots to be filed electronically) {LC2366/1} 07/01/2005 Placed on House Calendar

13 H.J JOURNAL Thursday, June 30, 2005 Senate Bill No. 58 SUB A as amended BY Felag, Lanzi, Ciccone, Polisena, Bates ENTITLED, AN ACT RELATING TO MILITARY AFFAIRS - RHODE ISLAND VETERANS' HOME (no charge for laundry services) {LC496/1/A} 07/01/2005 Placed on House Calendar Senate Bill No. 654 SUB A (Governor) BY Breene ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- TEMPORARY DISABILITY INSURANCE -- NATIONAL GUARD (adjust the temporary disability insurance base period/members of the US military) {LC1853/1/A} 06/30/2005 House held on desk Senate Bill No BY Pichardo, Metts, Perry ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT {LC3641/1} 06/30/2005 House held on desk Senate Bill No. 710 SUB B BY Perry, Polisena, Damiani, McCaffrey, Sosnowski ENTITLED, AN ACT RELATING TO FOOD AND DRUGS -- THE EDWARD O. HAWKINS AND THOMAS C. SLATER MEDICAL MARIJUANA ACT (protect patients with debilitating medical conditions/medical use of marijuana) {LC988/1/B} 06/30/2005 House held on desk From the Calendar for June 29, 2005 is taken: CALENDAR Senate Bill No. 123 SUB A as amended BY Gibbs ENTITLED, AN ACT RELATING TO TAXATION -- LEVY AND ASSESSMENT OF LOCAL TAXES (Little Compton to adopt a tax classification and tax rate on taxes assessed on or after December 31, 2004) {LC669/1/A} Representative Costantino moves passage of the act, as amended, seconded by Representative Carter. 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: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Brien, Caprio, Carter, Church, Costantino, Davey, DeSimone, Diaz, Ehrhardt, Faria,

14 H.J JOURNAL Thursday, June 30, 2005 Flaherty, Gallison, Gemma, Ginaitt, Gorham, Handy, Jackson, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Loughlin, Malik, McHugh, McManus, McNamara, Melo, Menard, Moffitt, Moran, Mumford, Naughton, O'Neill, Pacheco, Petrarca, Rice, Rose, Savage, Schadone, Shanley, Slater, Story, Sullivan, Voccola, Watson, Williams. NAYS - 0. TRANSMITTAL By unanimous consent, 05- S123 SUB Aaa on the Clerk s desk is ordered to be transmitted to the Honorable Senate, forthwith. From the Calendar are taken: CALENDAR IN ORDER FOR THURSDAY, JUNE 30, 2005: H 5786 SUB A BY Moura ENTITLED, AN ACT RELATING TO TAXATION Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute A. Read, and by unanimous consent, ordered to be placed on the Calendar after item # 15A, as item #15B H 6430 SUB A BY Malik ENTITLED, AN ACT RELATING TO VETERANS' AFFAIRS Committee on Veterans` Affairs recommends indefinite postponement of the original bill and passage of Substitute A. Read, and by unanimous consent, ordered to be placed on the bottom of the Calendar for Friday, July 1, H 5815 BY Landroche ENTITLED, AN ACT RELATING TO ALCOHOLIC BEVERAGES Committee on Finance recommends passage. Representative Landroche moves passage of the act, seconded by Representatives Faria, Gemma, O Neill, Petrarca, McHugh, Brien, Menard and Shanley.

15 H.J JOURNAL Thursday, June 30, 2005 Representative Kennedy, seconded by Representative Rice offers a written motion to amend. FLOOR AMENDMENT TO H 5815 AN ACT RELATING TO ALCOHOLIC BEVERAGES Mr. Speaker: I hereby move to amend H 5815, entitled "AN ACT RELATING TO ALCOHOLIC BEVERAGES", as follows: By deleting all of the language following the enactment clause and inserting in place thereof the following: "SECTION 1. Chapter 3-4 of the General Laws entitled "Transportation of Beverages" is hereby amended by adding thereto the following section: Wine direct shipper license. (a) Notwithstanding any law, rule or regulation to the contrary, any person currently licensed in this or any other state as a wine producer, who obtains a wine direct shipper license, as provided in this subsection, may ship up to twenty-four (24) nine (9) liter cases of wine annually directly to a resident of this state who is at least twentyone (21) years of age for such resident's personal use and not for resale. (b) Before sending any shipment to a resident of this state the wine direct shipper licensee must first: (1) File an application with the department of business regulation; (2) Pay a one hundred dollar ($100) registration fee; (3) Provide to the department a true copy of its current alcoholic beverage license issued in this or any other state; and (4) Obtain from the department a wine direct shipper license. (c) All wine direct shipper licensees shall: (1) Not ship more than twenty-four (24) nine (9) liter cases of wine annually to any person for his/her personal use and not for resale; (2) Not ship to any address in an area identified by the department as a "dry" or local option area; (3) Ensure that all containers of wine shipped directly to a resident in this state are conspicuously labeled with the words "CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY"; (4) If located outside of this state, report to the department annually the total amount of wine shipped into the state the preceding calendar year; (5) If located outside of this state, annually pay to the division of taxation all sales taxes and excise taxes due on sales to residents of this state in the preceding calendar year, the amount of such taxes to be calculated as if the sale were in this state at the location where delivery is made; (6) If located within this state, provide the division of taxation any additional information deemed necessary beyond that already required for retail sales from the winery tasting room to ensure compliance with this section; (7) Permit the department or the division of taxation to perform an audit of the wine direct shipper licensees records upon request;

16 H.J JOURNAL Thursday, June 30, 2005 (8) Be deemed to have consented to the jurisdiction of the department or any other state agency and the state courts concerning enforcement of this section and any related laws, rules or regulations. (d) The wine direct shipper licensee may annually renew its license with the department by paying a fifty dollar ($50.00) renewal fee and providing the department a true copy of its current alcoholic beverage license issued in this or any other state. (e) The department and the division of taxation may promulgate rules and regulations to effectuate the purposes of this act. (f) The department may enforce the requirements of this section by administrative proceedings to suspend or revoke a wine direct shipper license, and the department may accept payment of an offer in compromise in lieu of suspension; such payments to be determined by rule promulgated by the department. (g) Shipments of the wine direct to consumers in this state from persons who do not possess a current wine direct shipper license from the department are prohibited. Any person who knowingly makes, participates in, transports, imports or receives such a shipment is guilty of a misdemeanor punishable by imprisonment for a term not exceeding one year, or by a fine of not more than one thousand dollars ($1,000) or both. Without limitation on any punishment or remedy, criminal or civil, any person who knowingly makes, participates in, transports, imports or receives such a shipment commits an unfair trade practice. SECTION 2. Section of the General Laws in Chapter 3-4 entitled "Transportation of Beverages" is hereby amended to read as follows: Unlawful sale and shipment. -- (a) It shall be unlawful for any person in the business of selling intoxicating beverages in another state or country to ship or cause to be shipped any intoxicating beverage directly to any Rhode Island resident who does not hold a valid wholesaler license issued by the State of Rhode Island, except as provided in section The foregoing shall not apply to any order for intoxicating beverages personally placed by the purchaser at the manufacturer's premises, for shipment to an address in Rhode Island for nonbusiness purpose. Any shipment of intoxicating beverages pursuant to this section shall contain the language: "Contains Alcohol, Adult Signature (over 21) Required for Delivery." (b) Any person who violates subsection (a) of this section shall, for the first offense, be mailed a certified letter by the department ordering that person to cease and desist any shipment of intoxicating beverages to Rhode Island residents and for each subsequent offense shall be fined one thousand five hundred dollars ($1,500). SECTION 3. Section of the General Laws in Chapter 3-6 entitled "Manufacturing and Wholesale Licenses" is hereby amended to read as follows: Farmer-winery licenses -- Fee. -- (a) For the purpose of encouraging the development of domestic vineyards, the department shall issue a farmer-winery license to any applicant of the state and to applying partnerships and to applying corporations organized under the laws of any other state of the United States and admitted to do business in this state. (b) A winegrower may operate a farmer's winery under any conditions the department may prescribe by regulation. (c) A winegrower may import fruit, flowers, herbs, and vegetables to produce not more than seven thousand five hundred (7500) gallons of wine during his or her first year of operation, not more than five thousand (5000) gallons during his or her second year of operation, not more than two thousand five hundred (2500) gallons during his or her third year of operation and not more than one thousand (1000) gallons per year thereafter.

17 H.J JOURNAL Thursday, June 30, 2005 (d) If a winegrower suffers crop failure in his or her vineyard in a particular year to the extent that the fruit yield from his or her vineyard that year is at least twenty-five percent (25%) below the average yield for the previous two (2) years, the winegrower may import fruit into the state during that year in an amount equal to the difference between the current year's yield and the average for the previous two (2) years. A winegrower shall not import unfermented juice, wine or alcohol into the state. (e) A winegrower may sell wine or winery products under his or her label and fermented by him or her or another winegrower licensed by the state. He or she may sell wine or winery products: (1) At wholesale to any person holding a valid license to manufacture alcoholic beverages under section 3-6-1; (2) At wholesale to any person holding a valid wholesaler's and importer's license under sections ; (3) At wholesale to any person holding a valid farmer-winery license under this section; (4) At retail by the bottle to consumers for consumption off the winery premises in accordance with section 3-6-1; provided, however, a winegrower shall not sell wine at retail for delivery off the site of the winery premises in Rhode Island directly to Rhode Island residents, except as provided in section (5) At wholesale to any person in any state or territory in which the importation and sale of wine is not prohibited by law; (6) At wholesale to any person in any foreign country; (7) At wholesale to liquor dealers holding a valid license under the provisions of title 3; and (8) At wholesale to restaurants holding a valid license under the provisions of title 3. (f) A winegrower may not sell at retail to consumers any wine or winery product not fermented in the state and sold under the brand name of the winery. (g) A winegrower may serve complimentary samples of wine produced by the winery where the wine is fermented in the state and sold under the winery brand name. (h) All wines sold by a licensee shall be sold and delivered in any manner and under any conditions and with any labels or other marks to identify the producer as the department may prescribe. (i) Every applicant for a farmer-winery license shall, at the time of filing an application, pay a license fee based on a reasonable estimate of the amount of wine to be produced during the year covered by the license. Persons holding farmer-winery licenses shall report annually at the end of the year covered by the license the amount of wine produced during that year. If the total amount of wine produced during the year is less than the amount permitted by the fee already paid, the state shall reimburse the licensee for whatever fee was paid in excess. If the total amount of wine produced during the year exceeds the amount permitted by the fee already paid, the licensee shall pay whatever additional fee is owing. SECTION 4. This act shall take effect upon passage." Respectfully submitted, REPRESENTATIVE KENNEDY

18 H.J JOURNAL Thursday, June 30, 2005 Representatives Kennedy, Landroche, Ehrhardt, Moffitt, Singleton, Williamson, Gemma, Rice, Kilmartin, Crowley, and Long, discuss the amendment. Read, and by unanimous consent, ordered to be placed after item # 29A as item #29B H 5096 BY Gallison ENTITLED, AN ACT RELATING TO MILITARY AFFAIRS AND DEFENSE -- NATIONAL GUARD Committee on Finance recommends passage. Read, and by unanimous consent, ordered to be placed on the Calendar after item # 12, as item # 12A H 5219 BY Shanley ENTITLED, HOUSE RESOLUTION CREATING A SPECIAL LEGISLATIVE COMMISSION TO STUDY THE ADMINISTRATION AND FUNDING OF PUBLIC HIGHER EDUCATION Committee on Finance recommends passage. Representative Shanley moves to recommit seconded by Representative Fox. Read and recommitted to the Committee on Finance H 6533 SUB A BY Gemma ENTITLED, AN ACT RELATING TO PUBLIC UTILITIES AND CARRIERS -- KENT COUNTY WATER DISTRICT Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute A. Representative Kennedy moves passage of the act, seconded by Representative Gemma. The bill marked Substitute A is read and passed, and the original bill indefinitely postponed, on a roll call vote, 64 members voting in the affirmative and 0 members voting in the negative as follows: YEAS - 64: The Honorable Speaker Murphy and Representatives Almeida, Amaral, Anguilla, Brien, Caprio, Carter, Church, Coderre, Corvese, Costantino, Crowley, Davey, Dennigan, DeSimone, Diaz, Ehrhardt, Faria, Flaherty, Fox, Gemma, Giannini, Gorham, Jackson, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Loughlin, Malik, McHugh, McManus, McNamara, Melo, Menard, Moffitt, Moran, Mumford, Naughton, O'Neill,

19 H.J JOURNAL Thursday, June 30, 2005 Pacheco, Petrarca, Picard, Rice, Rose, San Bento, Savage, Schadone, Shanley, Singleton, Slater, Smith, Story, Sullivan, Trillo, Voccola, Watson, Williams, Williamson. NAYS H 5341 BY Dennigan ENTITLED, AN ACT RELATING TO FOOD AND DRUGS -- FOOD DONATIONS Committee on Judiciary recommends passage. Representative Flaherty moves passage of the act, seconded by Representatives Gemma and Faria. Representative Flaherty offers Representative Dennigan s written motion to amend, seconded by Representative Dennigan. FLOOR AMENDMENT TO H 5341 AN ACT RELATING TO FOOD AND DRUGS -- FOOD DONATIONS Mr. Speaker: I hereby move to amend H 5341, entitled "AN ACT RELATING TO FOOD AND DRUGS -- FOOD DONATIONS", as follows: (1) On page 1, line 6, by striking the "comma" after the word "food". (2) On page 1, line 6, after the word "food", by inserting the language: "that has been maintaining at a safe temperature,". Respectfully submitted, REPRESENTATIVE DENNIGAN Representatives Ehrhardt and Flaherty discuss the amendment. Representative Flaherty offers an oral amendment to the amendment, seconded by Representatives Mumford and Ehrhardt. The motion to amend the amendment 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 Almeida, Amaral, Caprio, Carter, Church, Coderre, Corvese, Costantino, Crowley, Davey, Dennigan, DeSimone, Diaz, Ehrhardt, Faria, Flaherty, Gemma, Giannini, Ginaitt, Gorham, Handy, Jackson, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Loughlin, Malik, McHugh,

20 H.J JOURNAL Thursday, June 30, 2005 McManus, McNamara, Melo, Menard, Moffitt, Moran, Mumford, Naughton, O'Neill, Pacheco, Petrarca, Picard, Rice, Rose, San Bento, Savage, Schadone, Shanley, Singleton, Slater, Smith, Story, Sullivan, Trillo, Voccola, Williams. NAYS - 0. The amendment prevails, 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 Almeida, Amaral, Anguilla, Brien, Caprio, Carter, Church, Coderre, Corvese, Costantino, Crowley, Davey, Dennigan, DeSimone, Diaz, Ehrhardt, Faria, Flaherty, Gemma, Giannini, Ginaitt, Gorham, Handy, Jackson, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Loughlin, McHugh, McManus, McNamara, Melo, Menard, Moffitt, Moran, Mumford, Naughton, O'Neill, Pacheco, Petrarca, Picard, Rice, Rose, San Bento, Savage, Schadone, Shanley, Singleton, Slater, Smith, Story, Sullivan, Trillo, Voccola, Williams. NAYS - 0. 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 Almeida, Amaral, Anguilla, Brien, Caprio, Carter, Church, Coderre, Corvese, Costantino, Crowley, Davey, Dennigan, DeSimone, Ehrhardt, Faria, Flaherty, Gemma, Giannini, Ginaitt, Gorham, Handy, Jackson, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Loughlin, Malik, McHugh, McManus, McNamara, Melo, Menard, Moffitt, Moran, Mumford, Naughton, O'Neill, Pacheco, Petrarca, Picard, Rice, Rose, San Bento, Savage, Schadone, Shanley, Singleton, Slater, Smith, Story, Sullivan, Trillo, Voccola, Williams, Williamson. NAYS - 0. REQUEST Representative Diaz requests the journal to reflect that if he had voted on (05-H 5341), she would have voted in the affirmative H 5546 BY Rice ENTITLED, AN ACT RELATING TO ANIMALS Committee on Judiciary recommends passage. Representative Flaherty moves passage of the act, seconded by Representatives Rice, Ajello, Palumbo, and Lima.

21 H.J JOURNAL Thursday, June 30, 2005 Representatives Watson, Rice, Savage and Flaherty discuss the act. Representative Rice offers an oral amendment. Representative Watson objects. Read, and by unanimous consent, ordered to be placed on the Calendar after item # 29, as 29A H 5635 BY Kilmartin ENTITLED, AN ACT RELATING TO CRIMINAL LAW Committee on Judiciary recommends passage. Representative Flaherty moves passage of the act, seconded by Representatives Brien, Corvese, Faria, Moran, Almeida, and Gemma. 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, Brien, Caprio, Carter, Church, Corvese, Costantino, Davey, Dennigan, DeSimone, Diaz, Ehrhardt, Faria, Flaherty, Fox, Gemma, Giannini, Ginaitt, Gorham, Handy, Jackson, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Loughlin, Malik, McHugh, McManus, McNamara, Melo, Menard, Moffitt, Moran, Mumford, Naughton, O'Neill, Pacheco, Palumbo, Petrarca, Picard, Rose, San Bento, Schadone, Shanley, Singleton, Smith, Story, Sullivan, Trillo, Voccola, Watson, Williams, Williamson. NAYS H 5715 BY Diaz ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT Committee on Judiciary recommends passage. Representative Flaherty moves passage of the act, seconded by Representative Gemma. Representatives Gorham, Flaherty, Anguilla, Almeida, and Williams discuss the act. Read and passed, on a roll call vote, 60 members voting in the affirmative and 3 members voting in the negative as follows: YEAS - 60: The Honorable Speaker Murphy and Representatives Almeida, Anguilla, Brien, Caprio, Church, Corvese, Costantino, Davey, Dennigan, DeSimone, Diaz, Ehrhardt, Faria, Flaherty, Fox, Gemma, Giannini, Ginaitt, Gorham, Handy, Jackson, Jacquard, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Long, Loughlin, Malik, McCauley, McHugh, McManus, McNamara, Melo, Menard, Moffitt, Moran, Mumford, Naughton, O'Neill, Pacheco,

22 H.J JOURNAL Thursday, June 30, 2005 Palumbo, Petrarca, Picard, Rice, Rose, San Bento, Savage, Schadone, Shanley, Slater, Smith, Story, Sullivan, Trillo, Voccola, Watson. NAYS - 3: Representatives Ajello, Amaral, Williams H 5929 BY Lima ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- RESTRICTING RADIO FREQUENCY IDENTIFICATION DEVICES Committee on Judiciary recommends passage. Representative Lima moves passage of the act, seconded by Representative Flaherty. Representative Lima, seconded by Representatives Gemma and Flaherty offers a written motion to amend. FLOOR AMENDMENT TO H 5929 AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- RESTRICTING RADIO FREQUENCY IDENTIFICATION DEVICES Mr. Speaker: I hereby move to amend H 5929, entitled "AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- RESTRICTING RADIO FREQUENCY IDENTIFICATION DEVICES", as follows: (1) On page 1, line 5, by deleting the word "No" and inserting the following language in place thereof: "Except where required by federal law, no" (2) On page 1, by inserting the following language between lines 14 and 15. " Scope. Nothing contained herein shall be construed to affect the otherwise lawful use of electronic monitoring devices by the department of corrections or the department of children, youth and families for individuals placed on electronic monitoring parole, home confinement, temporary community placement pursuant to section or in community correctional programs." Respectfully submitted, REPRESENTATIVE LIMA Representatives Lima, Loughlin, and Caprio discuss the amendment. The motion to amend prevails on a roll call vote 62 members voting in the affirmative and 0 members voting in the negative as follows:

23 H.J JOURNAL Thursday, June 30, 2005 YEAS - 62: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Brien, Caprio, Church, Corvese, Davey, Dennigan, DeSimone, Diaz, Ehrhardt, Faria, Flaherty, Fox, Gallison, Gemma, Giannini, Ginaitt, Gorham, Handy, Jackson, Jacquard, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Long, Loughlin, Malik, McCauley, McHugh, McManus, McNamara, Melo, Menard, Moffitt, Moran, Mumford, Naughton, O'Neill, Pacheco, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shanley, Slater, Smith, Story, Sullivan, Trillo, Voccola, Williams, Williamson. NAYS - 0. Representatives Petrarca, Lima, Trillo discuss the amendment. Read, and by unanimous consent, ordered to be placed on the Calendar for Friday, July 1, H 6591 BY Rice ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES Committee on Judiciary recommends passage. Representative Flaherty moves passage of the act, seconded by Representatives Rice, Shanley, Palumbo, and Amaral. 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, Brien, Caprio, Carter, Church, Corvese, Costantino, Davey, Dennigan, Diaz, Ehrhardt, Faria, Flaherty, Fox, Gallison, Gemma, Giannini, Ginaitt, Gorham, Jackson, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Long, Loughlin, Malik, McHugh, McManus, McNamara, Melo, Menard, Moffitt, Moran, Naughton, O'Neill, Pacheco, Petrarca, Picard, Rice, Rose, San Bento, Savage, Shanley, Singleton, Slater, Smith, Story, Sullivan, Trillo, Voccola, Williamson. NAYS - 0. REQUESTS Representative Gallison requests the journal to reflect that if he had voted on item 6 (05-H 6533 SUB A), item 7 (05-H5341), item 9 (05-H 5635) and item 10 (05-H 5725) he would have voted in the affirmative. 12A 2005-H 5096 BY Gallison ENTITLED, AN ACT RELATING TO MILITARY AFFAIRS AND DEFENSE -- NATIONAL GUARD Committee on Finance recommends passage.

24 H.J JOURNAL Thursday, June 30, 2005 Representative Gallison moves passage of the act, seconded by Representatives Corvese, Moran, Pacheco, Faria, Shanley, Landroche, Brien, Amaral, Giannini, Moffitt, Sullivan, Gemma, Handy, and Naughton. Representatives Loughlin, Mumford, McHugh, Gallison, Jacquard, Caprio, Gemma, and Amaral discuss the act. Read and passed, on a roll call vote, 64 members voting in the affirmative and 0 members voting in the negative as follows: YEAS - 64: Representatives Ajello, Almeida, Amaral, Anguilla, Brien, Caprio, Carter, Church, Corvese, Costantino, Crowley, Davey, DeSimone, Diaz, Ehrhardt, Faria, Flaherty, Fox, Gallison, Gemma, Giannini, Ginaitt, Gorham, Handy, Jackson, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lima, Long, Loughlin, Malik, McCauley, McHugh, McManus, McNamara, Melo, Menard, Moffitt, Moran, Mumford, Naughton, O'Neill, Pacheco, Palumbo, Petrarca, Picard, Rice, Rose, San Bento, Savage, Schadone, Shanley, Singleton, Slater, Smith, Story, Sullivan, Trillo, Voccola, Williamson. NAYS H 6427 BY Moura ENTITLED, AN ACT RELATING TO LABOR -- ARBITRATION Committee on Labor recommends passage. Read, and by unanimous consent, ordered to be placed on the Calendar after item # 15 as item # 15A H 6121 BY Moran ENTITLED, AN ACT RELATING TO HEALTH AND SAFETY -- LICENSING OF MASSAGE THERAPY ESTABLISHMENTS Committee on Health, Education & Welfare recommends passage. Representative McManus moves passage of the act, seconded by Representatives Brien, Diaz, Moran, Faria, and Gemma. Representatives Almeida, Moran, Handy, Giannini, McNamara, Davey, and Williams discuss the act. Read and passed, on a roll call vote, 53 members voting in the affirmative and 11 members voting in the negative as follows:

25 H.J JOURNAL Thursday, June 30, 2005 YEAS - 53: The Honorable Speaker Murphy and Representatives Brien, Caprio, Carter, Church, Coderre, Costantino, Crowley, Davey, Dennigan, DeSimone, Diaz, Faria, Flaherty, Fox, Gallison, Gemma, Giannini, Ginaitt, Jackson, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lima, Long, Loughlin, Malik, McCauley, McNamara, Melo, Menard, Moffitt, Moran, Moura, Naughton, O'Neill, Pacheco, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Shanley, Singleton, Smith, Story, Sullivan, Trillo, Voccola. NAYS - 11: Representatives Ajello, Almeida, Anguilla, Gorham, Handy, McHugh, McManus, Mumford, Rice, Watson, Williams. REQUEST Representative Corvese requests the journal to reflect that if he had voted on (05-H 6121), he would have voted in the affirmative H 6377 SUB A as amended BY Coderre E ENTITLED, AN ACT RELATING TO SEPARATION OF POWERS Committee on Separation of Powers recommends indefinite postponement of the original bill and passage of Substitute A as amended. Representative Coderre moves passage of the act, seconded by Representative Kilmartin. Representatives Gorham and Coderre discuss the act. Representative Gorham, seconded by Representatives Davey and Mumford offers a written motion to amend. FLOOR AMENDMENT TO H 6377 SUBSTITUTE A AN ACT RELATING TO SEPARATION OF POWERS Mr. Speaker: I hereby move to amend H 6377 SUBSTITUTE A, entitled "AN ACT RELATING TO SEPARATION OF POWERS", as follows: (1) On page 5, by deleting lines 23 through 34 inclusive. (2) On page 6, by deleting lines 1 through 34 inclusive. (3) On page 7, by deleting lines 1 through 31 inclusive. (4) On page 5, following line 22 by inserting the following language: " Composition of commission -- Appointment of members. -- (a) The commission shall consist of twenty-three (23) twenty-one (21) members of the public to be appointed in the following manner: ten (10) members shall be appointed by the governor with

26 H.J JOURNAL Thursday, June 30, 2005 the advice and consent of the senate from the public and in making such appointments, the governor shall give due consideration to the following background, experience and qualifications: commercial, enterprise or development, residency or other contact with municipality serviced by the commission; recreation, environmental issues and sciences; education, financial planning and/or investment, and engineering. as herein provided. Two (2) members shall be appointed by the mayor of the city of Providence; one member each shall be appointed by the mayor of the town of North Providence, the mayor of the town of Johnston, mayor of the city of Pawtucket, mayor of the town of Cumberland, town administrator of the town of Lincoln, mayor of the city of Central Falls, and mayor of the city of East Providence. Two (2) members of the house of representatives to be appointed by the speaker, and two (2) members of the senate to be appointed by the president of the senate. (b) The appointments to the commission shall be made as follows: (1) The governor shall appoint two (2) members of the commission to serve until the first day of April, 1981, two (2) members to serve until the first day of April, 1982, four (4) members to serve until the first day of April, 1983, one member to serve until the first day of April 1993, one member to serve until the first day of April 1994, and all to serve until their successors are appointed and qualified. In the month of March in each year thereafter, the The governor, with the advice and consent of the senate, shall appoint successors to the members of the commission and whose term is expiring in that year, each member so appointed to hold office for a three (3) year period commencing on the first day of April in the year of appointment day they are qualified and continuing until the first day of April in the third year after his or her appointment and until his or her successor is appointed and qualified. Any vacancy for a public member, which may occur in the commission, shall be filled by the governor with the advice and consent of the senate for the remainder of the unexpired term as provided in subsection (a). Those members of the commission as of the effective date of this section who were appointed to the commission by the governor shall continue to serve the balance of their current terms. (2) Current members of the commission may continue to serve until their successors are appointed as provided in section (a). (2) The mayor of the city of Providence shall appoint one member of the commission to serve until the first day of April, 1982, and one member to serve until the first day of April, 1983, and all to serve until their successors are appointed and qualified. The mayor of the town of North Providence and the mayor of the town of Johnston each shall appoint a member to serve until the first day of April, 1981, each member so appointed shall serve until his or her successor is appointed and qualified. The Mayor of the city of Pawtucket shall appoint one member of the commission to serve until the first day of April, 1993, and such member so appointed shall serve until his or her successor is appointed and qualified. The town administrator of the town of Lincoln and the mayor of the city of Central Falls shall each appoint one member of the commission to serve until the first day of April, 1994, and each member so appointed shall serve until his or her successor is appointed and qualified. The mayors of the town of Cumberland and the city of East Providence shall each appoint one member of the commission to serve until the first day of April, 1995, and each member so appointed shall serve until his or her successor is appointed and qualified. In the month of March in each year thereafter, the respective mayors and town administrator shall appoint a successor to the member of the commission whose term is expiring, each member so appointed to hold office for a three (3) year period, commencing on the first day of April in the year of appointment and continuing until the first day of April in the third year after his or her appointment and until his or her successor is appointed and qualified.