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.6 Thursday, January 16, 2003 Sixth Day


The House of Representatives meets at the State House in Providence, Thursday, January 16, 2003, and is called to order at 4:14 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, 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, Scott, Shanley, Shavers, Sherlock, Slater, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

ABSENT - 3: Representatives Almeida, Faria, Smith.

INVOCATION


The Honorable Speaker presents Representative Slater, 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, January 15, 2003, is approved as printed.

ANNOUNCEMENT


Representative Steven F. Smith will be out of state attending the "Alternatives to Suspension and Exclusion Conference" and unable to attend session today, January 16, 2003.



GUEST


At 4:22 o'clock P.M. the Honorable Speaker yields the rostrum to Representative Sherlock.

By unanimous consent, Representative Sherlock addresses the members of the House and welcomes to the House Geoffrey D. Pelletier and wishes him success with his military career.

By unanimous consent, Representative Fox addresses the members of the House and thanks Geoffrey for all his work on the Gaming Commission.

At 4:28 o'clock P.M. the Honorable Speaker returns to the rostrum.


COMMUNICATION FROM THE SENATE


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

(03-S 39) 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, in concurrence, on motion of Representative Carter, seconded by Representatives Gallison, McNamara and Corvese, on a roll call vote, 61 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 61: The Honorable Speaker Murphy and Representatives Amaral, Anderson, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, Gallison, Giannini, Ginaitt, Gorham, Handy, Harwood, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Palumbo, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Slater, Story, Tejada, Trillo, Voccola, Wasylyk, Williams, Winfield.

NAYS - 0.

Representatives Lima, Fox and Enos request the journal to reflect that if they had voted on (03-S 39), they would have voted in the affirmative.

There is no objection.

NEW BUSINESS


Representatives Shanley, Caprio, Enos, Kennedy and Scott introduce (03-H 5083) An Act relating to food and drugs - fruits and vegetables generally.

Read and referred to the Committee on Corporations.

Representatives Shanley, Kennedy, San Bento, Lally and Carter introduce (03-H 5084) An Act relating to public utilities and carriers - duties of utilities and carriers.

Read and referred to the Committee on Corporations.

Representatives Shanley, McHugh, Lowe, Enos and Callahan introduce (03-H 5085) An Act relating to property.

Read and referred to the Committee on Corporations.

Representatives Brien, Laroche, Corvese, Trillo and Menard introduce (03-H 5086) An Act relating to commercial law - general regulatory provisions - unfair trade practices.

Read and referred to the Committee on Corporations.

Representatives Trillo, McManus, Anguilla, Dennigan and Moffitt introduce (03-H 5087) An Act relating to taxation - exemption of persons sixty-five (65) years and over.

Read and referred to the Committee on Corporations.

Representatives Lima, Montanaro, Mumford, Palumbo and Handy introduce (03-H 5088) An Act relating to towns and cities - qualified bonds.

Read and referred to the Committee on Corporations.

Representatives Enos, Ajello, Almeida, Lowe and Williamson introduce (03-H 5089) An Act relating to police officers - Commission on Standards and Training.

Read and referred to the Committee on Corporations.

Representatives Palumbo, McCauley, Lima and Giannini introduce (03-H 5090) An Act relating to insurance - small group health insurance continuous coverage.

Read and referred to the Committee on Corporations.

Representative Menard introduces (03-H 5091) An Act relating to insurance - fire insurance policies and reserves.

Read and referred to the Committee on Corporations.

Representatives Flaherty, McNamara and Naughton introduce (03-H 5092) An Act to vacate the forfeiture or revocation of the charter of Willow Glen Condominiums Association, Inc.

Read and referred to the Committee on Corporations.

Representative Palumbo introduces (03-H 5093) An Act relating to health and safety - safety and health programs for fire departments.

Read and referred to the Committee on Corporations.

Representatives Kilmartin, Menard and Lima introduce (03-H 5094) An Act relating to motor and other vehicles - registration of vehicles.

Read and referred to the Committee on Corporations.

Representatives Winfield, Menard, Malik, Gallison and Schadone introduce (03-H 5095) House Resolution creating a special House commission to study state educational mandates for cities and towns.

Read and referred to the Committee on Finance.

Representatives Shanley, Kennedy, Scott, Lally and McHugh introduce (03-H 5096) An Act relating to sales tax exemption.

Read and referred to the Committee on Finance.

Representatives Ginaitt, Montanaro, Landroche, Laroche and Menard introduce (03-H 5097) An Act relating to health and safety - thermal imaging devices.

Read and referred to the Committee on Finance.

Representatives Moffitt, Mumford, Amaral, Long and Smith introduce (03-H 5098) An Act relating to education - permanent school fund.

Read and referred to the Committee on Finance.

Representatives Gallison, Anguilla, Malik, Enos and Kilmartin introduce (03-H 5099) An Act relating to motor vehicles.

Read and referred to the Joint Committee on Highway Safety.

Representatives Palumbo, Sherlock, Ginaitt and Giannini introduce (03-H 5100) An Act relating to animals - cruelty to police animals.

Read and referred to the Committee on Judiciary.

Representatives Enos and Ajello introduce (03-H 5101) An Act relating to sexual assault.

Read and referred to the Committee on Judiciary.

Representatives Benson, Gallison, Carter, Williams and Wasylyk introduce (03-H 5102) An Act relating to elections - conduct of election/voting equipment and supplies.

Representative Benson requests unanimous consent for immediate consideration.

Representative Benson moves passage, seconded by Representatives Carter, Shavers, Caprio and Williams.

Representatives Amaral and Benson discuss the act. There is objection.

Read and referred to the Committee on Finance.

Representatives Sherlock and Fox introduce (03-H 5103) House Resolution wishing Geoffrey D. Pelletier success in his military career.

Representative Sherlock requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Sherlock, seconded by Representatives Crowley, McNamara, Malik, Slater and Williamson, and by unanimous consent, on a voice vote.

Representatives Rose, Savage, Moura, Dennigan and Coogan introduce (03-H 5104) House Resolution congratulating the East Providence High School Football Team on winning the Rhode Island Division I Super Bowl.

Representative Rose requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Rose, seconded by Representatives Coogan, Gallison, Caprio, Story, Dennigan, Williamson, Shavers, Savage, Benson, Crowley and Moura and by unanimous consent, on a voice vote.

Representative Enos introduces (03-H 5105) House Resolution honoring Elsie Ford Brayton on the occasion of her 80th birthday.

Representative Enos requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Enos, seconded by Representatives Benson and Costantino, and by unanimous consent, on a voice vote.

Representative Lewiss introduces (03-H 5106) An Act to vacate the forfeiture or revocation of the charter of Agency Realty and Mortgage Company.

Representative Lewiss requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Lewiss, seconded by Representatives Scott and Costantino, 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, 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, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Slater, Story, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS - 0.

CALENDAR


From the Calendar is taken:

1. (03-H5003) House Resolution adopting Rules of the House of Representatives regarding committees for the 2003-2004 Session.

Committee on Rules recommends passage.

Representative Kilmartin moves passage of the resolution, seconded by Representatives Fox, Menard, Lima, Enos, Picard, Crowley, Reilly, San Bento, Sherlock, Shavers, McNamara, Giannini, Carter, Lowe, Brien, Cerra, Lewiss, Corvese, Coogan, Williamson, Lally, Montanaro, Laroche and Landroche.

Representatives Ajello, Kilmartin, Watson, Scott, Gorham, Fox, Trillo, Anguilla and Costantino discuss the resolution.

Read and passed, on a roll call vote, 70 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 70: The Honorable Speaker Murphy and Representatives Ajello, 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, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, 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, Voccola, Wasylyk, Watson, 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, to the Honorable Secretary of State, and to the Honorable Senate, forthwith.

ANNOUNCEMENTS


I hereby appoint Representative Thomas Winfield as Deputy Speaker and Representative Peter Kilmartin as Speaker Pro Tempore and Representative Maxine Shavers as Deputy Speaker Pro Tempore.

WILLIAM J. MURPHY
Speaker

Also:

The following Representatives are hereby appointed Deputy Majority Leaders:

The Honorable John McCauley
The Honorable Joseph McNamara
The Honorable Timothy Williamson
The Honorable Gregory Schadone
The Honorable John DeSimone
The Honorable Peter Palumbo
The Honorable Robert Lowe
The Honorable Donald Lally
The Honorable Roger Picard
The Honorable Melvoid Benson

The Honorable Paul Moura is hereby appointed as Senior Deputy Majority Leader.

WILLIAM J. MURPHY
Speaker

Also:

I hereby appoint the following Representatives to the Separation of Powers Committee:

The Honorable Elaine Coderre
The Honorable Paul Crowley
The Honorable Joseph Almeida
The Honorable Peter Kilmartin
The Honorable Fausto Anguilla
The Honorable Timothy Williamson
The Honorable Raymond Gallison
The Honorable Charlene Lima
The Honorable Todd Brien
The Honorable Nicholas Gorham
The Honorable Susan Story

WILLIAM J. MURPHY
Speaker

Also:

Representative Paul Crowley is hereby appointed as Vice Chair of the Separation of Powers Committee and Representative Joseph Almeida Secretary.

WILLIAM J. MURPHY
Speaker

Also:

Representative Lima wishes Representative Wasylyk a very Happy Birthday a day late.

Also:

Representative Smith, who could not be in session today, would like to wish Representative Wasylyk a personal Happy Birthday.

Also:

Representative Cerra wishes Savina Macioce a Happy "106th" Birthday.

Also:

Representative Moura congratulates Representative Giannini on being elected Chairwoman of Health, Education and Welfare.

Also:

Representative Montanaro announces that the Committee on Rules will meet today at 1/2 hour after the rise of the House in Room 203 of the State House.

Also:

Representative Menard announces that the selection of seats will be today at the rise of the House in the House Lounge.

Also:

Representative Kennedy announces that the Committee on Corporations will meet Tuesday, January 21, 2003 at the rise of the House.

Also:

Representative Lima congratulates Representative Sherlock on being elected Chairman of Finance, Representative Flaherty on being elected Chairman of Judiciary, Representative Kennedy on being elected Chairman of Corporations, Representative Corvese on being elected Chairman of Labor, and Representative Giannini on being elected Chairwoman of Health, Education and Welfare.

Also:

Representative Benson thanks the Leadership for the appointment of Deputy Majority Leader and announces that she has to resign due to other commitments.

ADJOURNMENT


At 4:58 o'clock P.M. on motion of Representative Carter, and as a further mark of respect to the memory of Larry R. Clark, seconded by Representatives Fox and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION

REPRESENTATIVE THOMAS C. SLATER


Thank you God for Your presence here with us and Your blessings on this Assembly today and every day. Amen.



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