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

JANUARY SESSION of the General Assembly begun and held at the State House in the City of Providence on Tuesday, the seventh day of January in the year of Our Lord two thousand and three.
Volume 130, No.4 Tuesday, January 14, 2003 Fourth Day


The House of Representatives meets at the State House in Providence, Tuesday, January 14, 2003, and is called to order at 4:08 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, 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, Palumbo, 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 Anderson.

INVOCATION


The Honorable Speaker presents Representative Coderre, 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 Thursday, January 9, 2003, is approved as printed.

GUESTS


Representative Palumbo welcomes to the House Chambers as a guest the Honorable Steven Laffey, Mayor of Cranston.

Also:

Representatives Lima and Moura welcome to the House Chambers as guests YMCA officials David V. Devault, Chair State Alliance of Rhode Island YMCAs, Susan Rittscher, CEO YMCA of Greater Providence, Peter Milinazzo, CEO Newport County YMCA, Esselton McNulty, CEO Pawtucket Family YMCA, Harold Hemberger, CEO Smithfield YMCA, Kurt Kramer, CEO Westerly-Pawcatuck YMCA of the USA, Rene Lafayette, CVO, Woonsocket YMCA, former Representative and Chief Volunteer. Also, the following students participate in the Veazie Street School After-School Program: Jennison Pachareo, Yemi Onipede, Deandrea Mills, Andres Ruiz, Graciana Nascimento, Danielle LaScola and Jessica Ribero.

Also:

Representative Dennigan also welcomes all YMCA officials and the following to the House Chambers as guests: Mary Ellen O'Mahoney, Newman YMCA, and Martin Middle School students, Pawtucket YMCA Board member and Mr. Cassidy and student leaders.


COMMUNICATION FROM THE SENATE


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

(03-S 2) An Act to vacate the forfeiture or revocation of the charter of Geneva Volunteer Fire Co., Inc.

Representative Corvese requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, in concurrence, on motion of Representative Corvese, seconded by Representatives Gallison, McNamara, Carter, Benson, Lewiss and Cerra, on a roll call vote, 64 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 64: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Faria, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Landroche, Laroche, Lewiss, Lima, Long, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Winfield.

NAYS - 0.

NEW BUSINESS


Representatives Menard, Petrarca and McManus introduce (03-H 5027) An Act relating to property subject to taxation.

Read and referred to the Committee on Corporations.

Representatives Menard, Petrarca and McManus introduce (03-H 5028) An Act relating to taxation - veterans' exemption - total disability.

Read and referred to the Committee on Corporations.

Representatives Menard, Petrarca and McManus introduce (03-H 5029) An Act relating to taxation - property tax exemption.

Read and referred to the Committee on Corporations.

Representative Anderson introduces (03-H 5030) An Act providing for the construction of additional classrooms, remodeling required by the Americans with Disabilities Act, construction of an administrative office building, and equipping and furnishing thereof, by the Exeter-West Greenwich Regional School District and authorizing the financing thereof, including the issue of not more than $1,600,000 bonds therefor.

Read and referred to the Committee on Corporations.

Representatives Voccola, Wasylyk, Brien and Reilly introduce (03-H 5031) An Act relating to lost or missing children.

Read and referred to the Committee on Corporations.

Representatives Menard, Winfield, Reilly, Brien and Laroche introduce (03-H 5032) An Act relating to insurance.

Read and referred to the Committee on Corporations.

Representatives Menard, Brien, Laroche, Williamson and Winfield introduce (03-H 5033) An Act relating to Telephone Sales Solicitation Act.

Read and referred to the Committee on Corporations.

Representatives Voccola, Malik, Schadone, Williamson and Petrarca introduce (03-H 5034) An Act relating to taxation - personal income tax.

Read and referred to the Committee on Finance.

Representatives Moura, Williams, Almeida and Tejada introduce (03-H 5035) An Act relating to taxation - tax incentive for new home builders.

Read and referred to the Committee on Finance.

Representatives Shavers, Crowley, Gallison, Enos and Amaral introduce (03-H 5036) An Act relating to Kidney Disease Treatment Center of Tiverton - transportation.

Read and referred to the Committee on Finance.

Representatives Moura, Williams and Montanaro introduce (03-H 5037) An Act relating to human services - medical assistance.

Read and referred to the Committee on Finance.

Representatives Carter, Malik, Shanley, Gallison and Benson introduce (03-H 5038) House Resolution creating a special House commission to study the feasibility of constructing a new wing on the Veterans Home in Bristol.

Read and referred to the Committee on Finance.

Representatives Carter, Malik, Montanaro, Gallison and Naughton introduce (03-H 5039) An Act relating to state affairs and government - administration of state departments.

Read and referred to the Committee on Finance.

Representatives McNamara, Naughton, Trillo, Sherlock and Flaherty introduce (03-H 5040) An Act relating to corporations - alternative fueled vehicle and filling station credit.

Read and referred to the Committee on Finance.

Representatives Gallison, Enos, Anguilla, Shavers and Malik introduce (03-H 5041) An Act relating to highways - construction and maintenance of state roads.

Read and referred to the Committee on Finance.

Representatives Voccola, DeSimone and Tejada introduce (03-H 5042) An Act relating to criminal procedure - bail and recognizance.

Read and referred to the Committee on Judiciary.

Representatives Menard, Petrarca and McManus introduce (03-H 5043) An Act relating to towns and cities - general powers.

Read and referred to the Committee on Judiciary.

Representatives Tejada, Slater, Voccola, Williams and Moura introduce (03-H 5044) An Act relating to food and drugs - Uniform Controlled Substances Act.

Read and referred to the Committee on Judiciary.

Representatives Shavers, Crowley, Benson and Gallison introduce (03-H 5045) An Act relating to public use of private lands - liability limitations.

Read and referred to the Committee on Judiciary.

Representatives Voccola, Williamson, Petrarca and Moran introduce (03-H 5046) An Act relating to probate practice and procedure - rules of descent.

Read and referred to the Committee on Judiciary.

Representatives Savage, Rose, Moura, Dennigan and Coogan introduce (03-H 5047) An Act relating to education - residence of children for school purposes.

Read and referred to the Committee on Health, Education and Welfare.

Representatives Voccola, Petrarca and Cerra introduce (03-H 5048) House Resolution respectfully requesting the State Traffic Commission install a traffic signal in the town of Johnston.

Read and referred to the Joint Committee on Highway Safety.

Representatives Voccola, Petrarca and Cerra introduce (03-H 5049) House Resolution respectfully requesting the State Traffic Commission to install a pedestrian traffic light in the town of Johnston.

Read and referred to the Joint Committee on Highway Safety.

Representatives Voccola, Petrarca and Cerra introduce (03-H 5050) House Resolution respectfully requesting the State Traffic Commission to install a traffic light in the town of Johnston.

Read and referred to the Joint Committee on Highway Safety.

Representatives Corvese and Schadone introduce (03-H 5051) House Resolution respectfully requesting that the Rhode Island Department of Environmental Management keep Lincoln Woods State Park open year round.

Read and referred to the Joint Committee on Environment and Energy.

Representatives Shavers, Crowley and Benson introduce (03-H 5052) An Act relating to the General Assembly Permanent Joint Committee on Naming All New Buildings, Bridges, Edifices and Other State Constructions.

Read and referred to the Joint Committee on Naming State Constructions.

Representative Anderson introduces (03-H 5053) An Act relating to towns and cities.

Read and referred to the Joint Committee on Water Resources.

Representative Anderson introduces (03-H 5054) An Act relating to waters and navigation.

Read and referred to the Joint Committee on Water Resources.

Representative Anderson introduces (03-H 5055) An Act relating to the Kent County Water District.

Read and referred to the Joint Committee on Water Resources.

Representatives Mumford, McManus, Moffitt and Trillo introduce (03-H 5056) An Act relating to towns and cities - Chopmist Water District.

Representative Mumford requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Mumford, seconded by Representative Moffitt, on a roll call vote, 62 members voting in the affirmative and 0 members voting in the negative as follows:

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

NAYS - 0.

Representatives Naughton, Sherlock, Costantino and Crowley introduce (03-H 5057) House Resolution creating a special House commission to promote and develop a comprehensive system of education for visually impaired children.

Representative Naughton requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Naughton, seconded by Representatives Kennedy, Lewiss, Shavers, Carter, Crowley and San Bento, and by unanimous consent, on a voice vote.

Representatives Slater, Almeida, Williams, Tejada and Costantino introduce (03-H 5058) An Act relating to criminal procedure - indictments, informations and complaints.

Representative Slater requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Slater, seconded by Representatives Costantino, Fox, Tejada, Williams, Handy, Ajello and Corvese, 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, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Faria, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Kennedy, Lally, Landroche, Laroche, Lewiss, Lima, Long, McManus, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Williams, Williamson.

NAYS - 0.

Majority Leader Fox requests (03-H 5058) be transmitted to the Senate.

There is no objection.

TRANSMITTAL


By unanimous consent, (03-H 5058) on the Clerk's desk is ordered to be transmitted to the Honorable Senate, forthwith.

By unanimous consent, the House refers back to New Business.

NEW BUSINESS


Representatives Lima, Fox, Giannini, Faria and Wasylyk introduce (03-H 5059) House Resolution congratulating Rhode Island YMCAs on the recent formation of the State Alliance of Rhode Island YMCAs.

Representative Lima requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Lima, seconded by Representatives Menard, Dennigan, Faria, Benson, Lewiss, Palumbo, Ajello, Williams and Moura, and by unanimous consent, on a voice vote.

Representative Fox introduces (03-H 5060) An Act to vacate the forfeiture or revocation of the charter of Recourse Communications, Inc.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

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

NAYS - 0.

Representatives Smith, Montanaro, Kennedy and Kilmartin request the journal to reflect that if they had voted on (03-H 5060), they would have voted in the affirmative.

There is no objection.

Representatives McNamara and Shanley introduce (03-H 5061) House Resolution honoring Valmore C. Pelletier on his retirement after 32 years of outstanding service to the State of Rhode Island.

Representative McNamara requests unanimous consent for immediate consideration.

There is no objection.

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

ANNOUNCEMENTS


Majority Leader Fox announces Committee assignments will be announced tomorrow so organizational meetings can be held tomorrow at the rise.

Also:

Majority Leader Fox announces seat selection will be postponed until Thursday at the rise.

PERSONAL PRIVILEGE


By unanimous consent, Representative Crowley addresses the members of the House on a point of privilege in regard to an article.

ANNOUNCEMENTS


Representative San Bento and the Honorable Speaker Murphy wish the former Speaker John B. Harwood a Happy "51st" Birthday.

Also:

The Honorable Speaker wishes Representative Corvese a Happy "47th" Birthday.

Also:

Representative Kilmartin announces if there are any ideas for the Rules this year, put them in resolution form and submit them.

TRANSMITTAL


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

ADJOURNMENT


At 4:35 o'clock P.M. on motion of Representative Schadone, and as a further mark of respect to the memory of Michael DePamphillis; on motion of Representative Shanley, and as a further mark of respect to the memory of Gertrude Loud; on motion of Representative Gorham, and as a further mark of respect to the memory of Abbie Underwood; seconded by Representatives Fox and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION

REPRESENTATIVE ELAINE A. CODERRE


Heavenly Father, look with favor on our deliberation and assist us by your grace to do what is just and wise. Amen.

Appendix



TRANSMITTED TO THE GOVERNOR


(03-S 2) An Act to vacate the forfeiture or revocation of the charter of Geneva Volunteer Fire Co., Inc.

Appendix



CALENDAR


In order for Thursday, January 16, 2003:

1. (03-H 5003) House Resolution adopting Rules of the House of Representatives regarding committees for the 2003-2004 Session.

Committee on Rules recommends passage.

LOUIS D'ANTUONO
Clerk of the House
Tuesday, January 14, 2003



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