State of Rhode Island and Providence Plantations
JOURNAL
-OF THE-
HOUSE OF REPRESENTATIVES

JANUARY SESSION of the General Assembly begun and held at the State House in the City of Providence on Tuesday, the seventh day of January in the year of Our Lord two thousand and three.
Volume130, No.2 Wednesday, January 8, 2003 Second Day


The House of Representatives meets at the State House in Providence, Wednesday, January 8, 2003, and is called to order at 4:13 o'clock P.M., by the Honorable William J. Murphy, Speaker.

The roll is called and a quorum is declared present with 74 members present and 1 member absent as follows:

PRESENT - 74: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anderson, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Faria, 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, Scott, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

ABSENT - 1: Representative Palumbo.

INVOCATION


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

(For Invocation, see Appendix, this Journal.)


CORRECTIONS


By unanimous consent, the House Journal of Tuesday, January 7, 2003, is hereby corrected on page 3, column 1, after line 21, by adding the following (for Representative Crowley's address see Appendix); by adding guests of Representatives Cerra, Lima, Tejada and Watson (see Appendix of Journal); on page 6, column 2, line 25, by deleting "Lewis" and adding "Lewiss".

APPROVAL OF RECORD


By unanimous consent, the House Journal of Tuesday, January 7, 2002, is approved as corrected.
COMMUNICATIONS


The Honorable Speaker announces the receipt of the following communications:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
OFFICE OF THE SECRETARY OF STATE


MATTHEW A. BROWN
Secretary of State

January 8, 2003

To the Honorable, the House of Representatives:

I have the honor to inform you that I administered the oath of engagement as Representative in the General Assembly to the Honorable John B. Harwood, of Pawtucket.

Respectfully Yours,

MATTHEW A. BROWN
Secretary of State

Received and ordered to be placed on file.

Also:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
OFFICE OF THE SECRETARY OF STATE


MATTHEW A. BROWN
Secretary of State

January 8, 2003

To the Honorable, the House of Representatives:

I have the honor to inform you that I administered the oath of engagement as Representative in the General Assembly to the Honorable Robert B. Jacquard, of Cranston.

Respectfully Yours,

MATTHEW A. BROWN
Secretary of State

Received and ordered to be placed on file.

ANNOUNCEMENTS


Representative Frank A. Montanaro has been appointed to the House Rules Committee.

WILLIAM J. MURPHY
Speaker

Also:

All Representative mailboxes are located in the rear of the House Chamber. Please be sure to check your mailboxes on a regular basis during the legislative session.

NEW BUSINESS


Representative Menard introduces (03-H 5005) Joint Resolution creating a special legislative commission to study the issue of registering vehicles on line.

Representative Menard requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Menard, seconded by Representatives Gallison, Lima, Enos, Fox and Coderre, on a roll call vote, 69 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 69: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anderson, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Faria, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Harwood, 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, Scott, Shanley, Shavers, Sherlock, Slater, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Winfield.

NAYS - 0.

Representatives Enos and Amaral introduce (03-H 5006) An Act to vacate the forfeiture or revocation of the charter of Buddy's Place, Inc.

Representative Enos requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Enos, seconded by Representatives Amaral, Scott and Story, on a roll call vote, 67 members voting in the affirmative and 1 member voting in the negative as follows:

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

NAYS - 1: Representative McNamara.

Representative Amaral introduces (03-H 5007) An Act to vacate the forfeiture or revocation of the charter of the Common Fence Point Improvement Association.

Representative Amaral requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Amaral, seconded by Representatives Mumford, Scott, Trillo, Long and Enos, 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, Anderson, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Faria, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Harwood, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Picard, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Sherlock, Slater, Story, Trillo, Voccola, Watson, Williams, Winfield.

NAYS - 0.

Representatives Rose and Savage introduce (03-H 5008) An Act to vacate the forfeiture or revocation of the charter of Wong Restaurant Corp.

Representative Rose requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Rose, seconded by Representative Savage, on a roll call vote, 68 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 68: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anderson, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Faria, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Harwood, 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, Scott, Shanley, Shavers, Sherlock, Slater, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Winfield.

NAYS - 0.

Representative Story introduces (03-H 5009) An Act relating to solemnization of marriages.

Representative Story requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Story, seconded by Representatives Mumford, Watson and Scott, 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, Anderson, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Faria, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Harwood, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Sherlock, Slater, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Winfield.

NAYS - 0.

Representatives Trillo, Moffitt, Ginaitt, Brien and Corvese introduce (03-H 5010) House Resolution extending the reporting date of the special legislative commission to study security issues at the State House.

Representative Trillo requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Trillo, seconded by Representatives Scott, Mumford, Moffitt, Amaral, Trillo, Story, Caprio, Sherlock, Fox, Brien and McCauley, 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, Anderson, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Faria, 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, Picard, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Slater, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Winfield.

NAYS - 0.

TRANSMITTAL


By unanimous consent, all matters on the Clerk's desk are ordered to be transmitted to the Honorable Secretary of State, and the Honorable Senate forthwith.

ANNOUNCEMENTS


Majority Leader Fox announces that seat selection has been rescheduled to Wednesday, January 15, 2003, at the rise of the House.

Also:

Representative Montanaro announces that Representative Jacquard has just returned from his honeymoon.

ADJOURNMENT


At 4:37 o'clock P.M. on motion of Representative McNamara, and as a further mark of respect to the memory of Kenneth E. Queenan, seconded by Representatives Fox and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION

REPRESENTATIVE JOANNE M. GIANNINI


Lord, we have been sent to these positions of responsibility by the people. Make us mindful that we are their servants. Give us the wisdom and energy to serve them honestly and well. Amen.

Appendix



REMARKS

REPRESENTATIVE PAUL W. CROWLEY
DISTRICT 75


TUESDAY, JANUARY 7, 2003

One hundred and twenty seven years before Rhode Island became the thirteenth state by ratifying the Constitution the colony was granted a royal charter. It served as our state constitution until 1843. A one hundred and eighty year run. It was and is a remarkable document.

I, Charles the Second, By the Grace of God, King of Scotland, France and Ireland, Defender of the Faith, to all to whom these presents shall come, greeting: Whereas, we have been informed, by the petition of our trusty and well-beloved subject, John Clarke, on behalf of Benjamin Arnold, Willian Brenton, William Codington, Nicholas Easton, William Boulston, John Porter, John Smith, Samuel Gorton, John Weeks, Roger Williams, Thomas Olney, Gregory Dexter, John Coggeshall, Joseph Clarke, Randell Holden, John Green, John Roome, Samuel Wildbore, William Field, James Baker, Richard Tew, Thomas Harris and William Dyre and the rest of the purchasers and free inhabitants of our island, called Rhode Island, and the rest of the colony of Providence Plantations, in the Narragansett Bay, in New England, in America, that they, pursuing, with peaceable and loyal minds, their sober, serious and religious intentions, of godly edifying themselves, and one another, in the holy Christian faith and worship, as they were persuaded ... did, not only by consent and good encouragement of our royal progenitors, transport themselves out of this kingdom of England into America ... Did, once again leave their desirable stations and habitations, and with excessive labor and travel, hazard and charge did transplant themselves into the midst of the Indian natives, who as we are informed, are the most potent princes and people of that country; where, by the good Providence of God, from whom the Plantations have taken their name ... have increased and prospered.

And whereas, in their humble address, they have freely declared, that it is much on their hearts (if they my be permitted), to hold forth a lively experiment, that a most flourishing civil state may stand and best be maintained...

Because some of the people and inhabitants of the same colony cannot, in their private opinions, conform to the public exercise of religion,... That our royal will and pleasure is, that no person within the said colony, at any time hereafter shall be any way molested, punished, disquieted, or called in question, for any differences in opinion in matters of religion,... but that all and every person and persons may, from time to time, and at all times hereafter, freely and fully have and enjoy his and their own judgments and conscience, in matters of religious concernments...

And that forever hereafter, twice in every year, that is to say, on every first Wednesday in the month of May, and on every last Wednesday in October or oftener, in case it shall be requisite, the Assistants and such freemen of the Company, not exceeding six persons for Newport, four persons for each of the respective towns of Providence, Portsmouth and Warwick, and two persons for each other place, town or city, who shall be, from time to time, thereunto elected or deputed by the major part of the freemen of the respective towns or places for which they shall be so elected or deputed shall have a general meeting or assembly ... for the time being,... shall be called the General Assembly...

That was written 340 years ago. You are about to join the ranks of Roger Williams, John Clarke, Thomas Dorr, Theodore Fancies Green, John O. Pastore, John Chaffee and Jack Reed. They were here before you, as were thousands of others engaged in our lively experiment.

Now the winds of change have blown and are continuing to blow again against this great democratic institution. We will address this call for change, but we must address it in the historical context. We must have a more balanced distribution of powers within our lively experiment. The public has spoken. But we must not turn our back on three hundred and forty years of history. A columnist carelessly described this great institution as a "rotting edifice" of government. I say: "Get ye to a library"!

This General Assembly has led the way in school reform because we know there is no greater path to economic freedom than a free public education.

This General Assembly has led the way in health care coverage for all Rhode Island regardless of wealth because no one in this great land should live in pain for lack of wealth.

This General Assembly has fought for the worker and the entrepreneur because they are the partnership that makes us strong.

This General Assembly has led the effort to protect our children and our elderly because we love our future and respect our past.

This General Assembly recognizes that in this, the smallest state, our greatest physical asset Narragansett Bay must be protected.

This General Assembly with school aid, municipal aid and car tax relief has defended the property tax payer when it was carelessly abandoned by the executive.

This General Assembly led the fight for more affordable housing because in Rhode Island we take care of each other.

This General Assembly invested millions of dollars in our public colleges and university to ensure access to affordable, first rate higher education.

This General Assembly voted the funds to rebuild our capitol city and thus make it the Renaissance City.

This General Assembly wrote and passed Constitutionally mandated budget reform which has resulted in Rhode Island being the only state in New England and one of a handful in the country whose revenue projection are holding up in these difficult times.

This General Assembly will not, and must not step back from its historic charge to speak for the people and engage in a lively experiment.

But we must not deny our failings. We are now at a time where we can build a new House. A House for the future. A House built on a new foundation of trust and respect. Trust and respect that must begin between ourselves. The days of blind power politics are over. Every one of you has stood before your neighbors and fellow citizens and said: "I would like to represent you." Do that. And do that well.

And those of you who will call yourself Leaders remember this: "A true leader is not someone who keeps people in line, a true leader is a person whom people willingly line up behind." I wish you all the greatest success over the next two years.

Appendix



GUESTS


TUESDAY, JANUARY 7, 2003

Representative Cerra welcomes to the House Chambers as guests former Representative Paul Santilli, former Representative Al Russo, and Stephen Angell, Past President, Johnston Town Council.

Also:

Representative Lima welcomes to the House Chambers as guests Albert DiFillippo, Louis Stravato, Nick Capobianco, Councilwoman Paula McFarland, Tom and Chris Cole, Lillian Pari, Charlie Haskell, Mike and Marsha Spirito, Bethany Rossi, Ed and Paula Dimuccio, Connie and Molly Romano, Lee and Arthur Jordan, Paul Griffin, John Gormley, Joseph Walsh, Mayor David Cicilline, Norton and Evelyn Salk, Kate Marcello, Marlene McKenna, Joan Christy, Mike DiRaimo, Norma Guglielmino, Guy Dufault, Elaine Capobianco, Mr. and Mrs. Joseph Alves, Vincent Igliozzi, Robert DiRaimo, and Carl Caliechia.

Also:

Representative Tejada welcomes to the House Chambers as guests Natalie Tejada, Princess Almonte, Alicia Hernandez, Karla Alicia Alfaro, and Jose Severino.

Also:

Representative Watson welcomes to the House Chambers as a guest Aunt Norrene McGeary.



As always, your comments concerning this page are welcomed and appreciated.

Thank you for stopping by!