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.5 Wednesday, January 15, 2003 Fifth Day


The House of Representatives meets at the State House in Providence, Wednesday, January 15, 2003, and is called to order at 4:17 o'clock P.M., by the Honorable William J. Murphy, Speaker.

The roll is called and a quorum is declared present with 73 members present and 2 members absent as follows:

PRESENT - 73: 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, 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, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

ABSENT - 2: Representatives Faria, Scott.

INVOCATION


The Honorable Speaker presents Representative Rose, 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 Tuesday, January 14, 2003, is approved as printed.

GUESTS


The Honorable Speaker Murphy welcomes to the House Chambers as guests John M. Ordway, U.S. Ambassador to the Republic of Armenia, Keith E. Simmons, Mission Director, U.S. Agency for International Development, David L. Gehrenbeck, Ph.D., Economic-Commercial Officer, U.S. Embassy, Yerevan, Armenia, Attorney David Harpoonian, Coordinator of Visit, the Honorable Scott Avedisian, Mayor of Warwick, and former Senator Aram Garabedian.

Also:

Representative Winfield welcomes to the House Chambers as a guest Michael Tikoian, Chair, Rhode Island Coastal Resources Management.

At 4:22 o'clock P.M., the Honorable Speaker yields the rostrum to Ambassador John M. Ordway.

By unanimous consent, Ambassador Ordway addresses the members of the House.

At 4:24 o'clock P.M. the Honorable Speaker returns to the rostrum and presents the Ambassador with an album of Rhode Island history.


COMMUNICATION FROM THE SENATE


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

(03-S 38) 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, in concurrence, on motion of Representative Slater, seconded by Representatives Tejada and Fox, 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, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, Enos, Flaherty, 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, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Story, Tejada, Trillo, Wasylyk, Williams, Williamson, Winfield.

NAYS - 0.

TRANSMITTAL


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


COMMUNICATION FROM THE SENATE


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

(03-S 5) An Act to vacate the forfeiture or revocation of the charter of the Common Fence Point Improvement Association.

Representative Gallison requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, in concurrence, on motion of Representative Gallison, seconded by Representatives Enos and Amaral, 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, Callahan, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, 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, Palumbo, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Story, Tejada, Trillo, Williams, Williamson, Winfield.

NAYS - 0.

Representative Smith requests the journal to reflect that if he had voted on (03-S 5), he would have voted in the affirmative.

There is no objection.

(03-S 4) An Act reinstating and restoring forfeited or revoked corporate charters.

Read and referred to the Committee on Corporations.

TRANSMITTAL


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

NEW BUSINESS


Representatives Menard, Landroche, Laroche, Ginaitt and Winfield introduce (03-H 5062) An Act relating to health and safety - establishing fire safety standards for cigarettes.

Read and referred to the Committee on Corporations.

Representatives Menard and Winfield introduce (03-H 5063) An Act relating to insurance.

Read and referred to the Committee on Corporations.

Representatives Shavers and Crowley introduce (03-H 5064) An Act relating to validating and ratifying certain amendments to the Home Rule Charter of the city of Newport.

Read and referred to the Committee on Corporations.

Representatives Corvese, Malik, Brien, Schadone and Rose introduce (03-H 5065) An Act relating to commercial law - gift certificates.

Read and referred to the Committee on Corporations.

Representatives Corvese and Petrarca introduce (03-H 5066) An Act relating to property subject to taxation.

Read and referred to the Committee on Corporations.

Representative McHugh introduces (03-H 5067) An Act relating to towns and cities - town meetings.

Read and referred to the Committee on Corporations.

Representatives Giannini and Wasylyk introduce (03-H 5068) An Act relating to cities and towns.

Read and referred to the Committee on Corporations.

Representatives Watson, Mumford, McManus, Moffitt and Trillo introduce (03-H 5069) An Act making revised appropriations for the support of the state for fiscal year ending June 30, 2003.



Read and referred to the Committee on Finance.

Representatives Corvese, Jacquard, Schadone, Aubin and Lowe introduce (03-H 5070) An Act relating to targeting school aid.

Read and referred to the Committee on Finance.

Representatives Amaral, Story, Savage, Mumford and Scott introduce (03-H 5071) An Act relating to state affairs and government - Pharmaceutical Assistance to the Elderly Act.

Read and referred to the Committee on Finance.

Representatives Amaral, Moffitt, Long, Savage and Story introduce (03-H 5072) An Act relating to taxation - sales tax exemptions.

Read and referred to the Committee on Finance.

Representatives Menard and Winfield introduce (03-H 5073) An Act relating to campaign finance - campaign contributions and expenditures reporting.

Read and referred to the Committee on Finance.

Representatives Gallison, Anguilla, Lewiss, Malik and Winfield introduce (03-H 5074) An Act relating to military affairs - Veterans' Home.

Read and referred to the Committee on Finance.

Representatives Gallison, Anguilla, Malik, Carter and Benson introduce (03-H 5075) An Act relating to military affairs.

Read and referred to the Committee on Finance.

Representatives Gallison, Anguilla, Lewiss, Malik and Winfield introduce (03-H 5076) An Act relating to military affairs.

Read and referred to the Committee on Finance.

Representatives McNamara, Anguilla, Malik, Flaherty and Sherlock introduce (03-H 5077) An Act relating to sales and use taxes - liability and computation.

Read and referred to the Committee on Finance.

Representatives Schadone, Corvese, Giannini, Slater and DeSimone introduce (03-H 5078) An Act relating to health and safety - fetal protection act.

Read and referred to the Committee on Judiciary.

Representatives Corvese, Schadone, Moran, Brien and Reilly introduce (03-H 5079) An Act relating to victim's rights.

Read and referred to the Committee on Judiciary.

Representatives Corvese and Schadone introduce (03-H 5080) An Act relating to labor relations board - formal hearing.

Read and referred to the Committee on Labor.

Representatives Gorham, Story, Savage, Almeida and Dennigan introduce (03-H 5081) Joint Resolution to approve and publish and submit to the electors a proposition of amendment to the Constitution of the State (Separation of Powers).

Read and referred to the Committee on Separation of Powers.

Representatives Carter, Naughton, Gallison, Anguilla and Lewiss introduce (03-H 5082) An Act relating to the Joint Committee on Naming New Buildings.

Representative Carter requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Carter, seconded by Representatives Gallison, Naughton, Benson, Lally, Lewiss and San Bento, 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, Coogan, 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, Mumford, Naughton, Palumbo, 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, all matters on the Clerk's desk are ordered to be transmitted to His Excellency, the Governor, and to the Honorable Senate, forthwith.

ANNOUNCEMENTS


Representative Almeida announces that the Committee on Labor will meet today at the rise of the House in Room 201 of the State House.

Also:

Representative Williamson announces that the Committee on Judiciary will meet today at the rise of the House in Room 203 of the State House.

Also:

Representative McNamara announces that the Committee on Health, Education and Welfare will meet today at the rise of the House.

Also:

Representative Fox announces that the Committee on Finance will meet today at the rise of the House in Room 35 of the State House.

Also:

Representative DeSimone announces that the Committee on Corporations will meet today at the rise of the House in Room 203 of the State House.

Also:

The following Representatives are hereby appointed to the House Labor Committee:

The Honorable Almeida
The Honorable Laroche
The Honorable Winfield
The Honorable Menard
The Honorable Tejada
The Honorable Benson
The Honorable Palumbo
The Honorable Faria
The Honorable Watson
The Honorable Scott
The Honorable Reilly
The Honorable Corvese
The Honorable Brien

WILLIAM J. MURPHY
Speaker

Also:

Representative Joseph Almeida is hereby appointed Vice Chair of the House Labor Committee. Representative Todd Brien is hereby appointed Secretary to the House Labor Committee.

WILLIAM J. MURPHY
Speaker

Also:

The following Representatives are hereby appointed to the House Corporation Committee:

The Honorable DeSimone
The Honorable McCauley
The Honorable Kilmartin
The Honorable Lowe
The Honorable Cerra
The Honorable Coogan
The Honorable Coderre
The Honorable Montanaro
The Honorable Enos
The Honorable Petrarca
The Honorable McHugh
The Honorable Long
The Honorable Trillo
The Honorable Picard
The Honorable Kennedy
The Honorable Moura

WILLIAM J. MURPHY
Speaker

Also:

Representative John DeSimone is hereby appointed Vice Chair of the House Corporation Committee. Representative Roger Picard is hereby appointed as Secretary to the House Corporation Committee.

WILLIAM J. MURPHY
Speaker

Also:

The following Representatives are hereby appointed to the House Judiciary Committee:

The Honorable Anguilla
The Honorable Amaral
The Honorable Lally
The Honorable Flaherty
The Honorable Williamson
The Honorable Gorham
The Honorable Savage
The Honorable Voccola
The Honorable Caprio
The Honorable Schadone
The Honorable Landroche
The Honorable Moran
The Honorable Shavers
The Honorable Wasylyk

WILLIAM J. MURPHY
Speaker

Also:

Representative Timothy Williamson and Representative Fausto Anguilla are hereby appointed Vice Chairs of the House Judiciary Committee. Representative Donald Lally is hereby appointed Secretary to the House Judiciary Committee.

WILLIAM J. MURPHY
Speaker

Also:

The following Representatives are hereby appointed to the House Health, Education and Welfare Committee:

The Honorable McNamara
The Honorable Ginaitt
The Honorable Anderson
The Honorable Ajello
The Honorable Handy
The Honorable Harwood
The Honorable Aubin
The Honorable Williams
The Honorable Lima
The Honorable McManus
The Honorable Story
The Honorable Giannini

WILLIAM J. MURPHY
Speaker

Also:

Representative Joseph McNamara is hereby appointed Vice Chair of the House Committee on Health, Education and Welfare. Representative Peter Ginaitt is hereby appointed Secretary to the House Committee on Health, Education and Welfare.

WILLIAM J. MURPHY
Speaker

Also:

The following Representatives are hereby appointed to the House Finance Committee:

The Honorable Sherlock
The Honorable Costantino
The Honorable Carter
The Honorable Malik
The Honorable San Bento
The Honorable Smith
The Honorable Crowley
The Honorable Dennigan
The Honorable Jacquard
The Honorable Naughton
The Honorable Rose
The Honorable Slater
The Honorable Gallison
The Honorable Lewiss
The Honorable Shanley
The Honorable Mumford
The Honorable Callahan
The Honorable Moffitt

WILLIAM J. MURPHY
Speaker

Also:

Representative Steven Costantino is hereby appointed as Deputy Chair of the House Finance Committee. Representative Kenneth Carter and Representative Jan Malik as Vice Chair and Representative William San Bento is hereby appointed as Secretary to the House Finance Committee.

WILLIAM J. MURPHY Speaker

Also:

Let this announcement serve to inform you that the Speaker of the House
of Representatives William J. Murphy and Majority Leader Gordon D. Fox are ex-officio of all committees.

ADJOURNMENT


At 4:42 o'clock P.M. on motion of Representative Trillo, and as a further mark of respect to the memory of Linda Stern, seconded by Representatives Fox and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION

REPRESENTATIVE HENRY C. ROSE


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

TRANSMITTED TO

THE GOVERNOR




(03-S 5) An Act to vacate the forfeiture or revocation of the charter of the Common Fence Point Improvement Association.

(03-S 38) An Act relating to criminal procedure - indictments, informations and complaints.

Appendix



CALENDAR


In order for Thursday, January 16, 2003:

1. (03-H5003) 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
Wednesday, January 15, 2003



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