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.7 Tuesday, January 21, 2003 Seventh Day


The House of Representatives meets at the State House in Providence, Tuesday, January 21, 2003, and is called to order at 4:10 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, 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, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williamson, Winfield.

ABSENT - 3: Representatives Palumbo, Reilly, Williams.

INVOCATION


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

(For Invocation, see Appendix, this Journal.)


COMMUNICATION


The Honorable Speaker announces the receipt of the following communication:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
HOUSE OF REPRESENTATIVES


January 16, 2003

Dear Speaker Murphy, Majority Leader Fox & Members of the House of Representatives:

I will be unable to attend session from January 21-23 due to the fact that I will be out of the country participating in a humanitarian relief mission in Central America. I will be assisting a team of Rhode Island doctors and other medical professionals, caring for indigent children living in squalid conditions in Nicaragua. It is our hope that this trip will be successful, and bring needed health care to numerous children.

I look forward to returning to the House of Representatives with reports of a successful mission.

Sincerely,

PETER G. PALUMBO
Deputy Majority Leader
Representative, District 16

Received and ordered to be placed on file.

GUESTS


Representative Montanaro welcomes to the House Chambers as a guest Evelyn Anderson, mother of Representative Stephen Anderson.

Also:

Representatives Moffitt and Watson welcome to the House Chambers as a guest Dorothy Berube from Coventry.

ANNOUNCEMENTS


Representative Carter wishes his granddaughter Amanda a very Happy Birthday.

Also:

Minority Leader Watson and Deputy Majority Whip Lima congratulate Representative Gorham on receiving the Golden Broom Award from the American Clean Government.


COMMUNICATION FROM THE SENATE


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

(03-S 36) An Act to vacate the forfeiture or revocation of the charter of Izzo Bros. Farms, Inc.

Read and referred to the Committee on Corporations.

NEW BUSINESS


Representatives Kilmartin, Dennigan, Schadone and Corvese introduce (03-H 5107) An Act relating to the Division of Motor Vehicles.

Read and referred to the Committee on Corporations.

Representative Fox introduces (03-H 5108) An Act relating to the Secretary of State.

Read and referred to the Committee on Finance.

Representatives Caprio, Reilly, Ajello, McHugh and Dennigan introduce (03-H 5109) An Act relating to the General Assembly - Joint Committee on Legislative Services.

Read and referred to the Committee on Finance.

Representatives Moffitt, Trillo, Laroche, Montanaro and Savage introduce (03-H 5110) An Act relating to taxation - personal income tax.

Read and referred to the Committee on Finance.

Representatives Palumbo, Reilly and Picard introduce (03-H 5111) An Act prohibiting the use of public funds for abortions.

Read and referred to the Committee on Finance.

Representatives Amaral, Moffitt, Long, Savage and Story introduce (03-H 5112) An Act relating to the sales tax.

Read and referred to the Committee on Finance.

Representative Corvese introduces (03-H 5113) An Act relating to education - state aid.

Read and referred to the Committee on Finance.

Representatives Corvese and Schadone introduce (03-H 5114) An Act relating to state roads - construction project - appropriations of businesses.

Read and referred to the Committee on Finance.

Representatives Sherlock, Fox, Moura, Slater and Montanaro introduce (03-H 5115) An Act relating to labor and labor relations - minimum wages.

Read and referred to the Committee on Finance.

Representatives Enos, Ginaitt, Gallison, Aubin and Picard introduce (03-H 5116) An Act relating to Rhode Island Resource Recovery Corporation - Eco-Depot.

Read and referred to the Committee on Corporations.

Representatives Brien, Laroche, Picard, Menard and Reilly introduce (03-H 5117) An Act relating to businesses and professions.

Read and referred to the Committee on Corporations.

Representative Long introduces (03-H 5118) An Act authorizing the town of Jamestown to finance the installation, expansion, construction and improvement of sewers, storm drains, pumping stations and sewage treatment and disposal facilities, to issue not more than $2,000,000 bonds and notes therefor and to impose additional sewer service charges under Chapter 233 of the Public Laws of 1973, as amended, to pay the principal and interest on such bonds and notes.

Read and referred to the Committee on Corporations.

Representative Long introduces (03-H 5119) An Act relating to taxation - town of Jamestown.

Read and referred to the Committee on Corporations.

Representatives Moura and McCauley introduce (03-H 5120) An Act relating to insurance - unfair competition and practices.

Read and referred to the Committee on Corporations.

Representatives Long, Callahan and Shavers introduce (03-H 5121) An Act relating to water lines and works for the town of Middletown.

Read and referred to the Committee on Corporations.

Representative Kilmartin introduces (03-H 5122) An Act relating to property - Residential Landlord and Tenant Act.

Read and referred to the Committee on Corporations.

Representatives Schadone, Anguilla, Malik, Landroche and Coderre introduce (03-H 5123) An Act relating to insurance - uninsured motorist coverage.

Read and referred to the Committee on Corporations.

Representatives Schadone, Ajello, Malik, Landroche and San Bento introduce (03-H 5124) An Act relating to insurance - liability insurance.

Read and referred to the Committee on Corporations.

Representatives Schadone, Kennedy, Slater, McNamara and Anguilla introduce (03-H 5125) An Act relating to commercial law - credit card solicitation.

Read and referred to the Committee on Corporations.

Representatives Schadone, Malik, Corvese, Brien and Almeida introduce (03-H 5126) An Act relating to criminal offenses - assaults.

Read and referred to the Committee on Corporations.

Representative Corvese introduces (03-H 5127) An Act relating to cities and towns - indebtedness.

Read and referred to the Committee on Corporations.

Representatives Corvese, Giannini, Schadone, Flaherty and Menard introduce (03-H 5128) An Act relating to criminal offenses.

Read and referred to the Committee on Judiciary.

Representatives Corvese, Giannini, San Bento, Schadone and Malik introduce (03-H 5129) An Act relating to health and safety - Women's Right to Know Act.

Read and referred to the Committee on Judiciary.

Representatives Corvese, Giannini, Schadone, Malik and Flaherty introduce (03-H 5130) An Act relating to informed consent for abortion.

Read and referred to the Committee on Judiciary.

Representatives Schadone, Anguilla, Gorham, Lewiss and Petrarca introduce (03-H 5131) An Act relating to death by wrongful act.

Read and referred to the Committee on Judiciary.

Representatives Palumbo, Jacquard, Aubin and Picard introduce (03-H 5132) An Act relating to health and safety - rights of nursing home patients.

Read and referred to the Committee on Judiciary.

Representatives Giannini, Ajello, Lima, Cerra and Coderre introduce (03-H 5133) An Act relating to international adoption.

Read and referred to the Committee on Judiciary.

Representatives Palumbo, Corvese, Reilly and Picard introduce (03-H 5134) An Act relating to health and safety - Rhode Island Right to Life.

Read and referred to the Committee on Judiciary.

Representatives Schadone, Malik and Corvese introduce (03-H 5135) An Act relating to courts and civil procedure - liens against causes of action.

Read and referred to the Committee on Judiciary.

Representatives Schadone, Aubin, Corvese, Malik and Brien introduce (03-H 5136) An Act relating to criminal offenses - children.

Read and referred to the Committee on Judiciary.

Representatives Schadone, Malik, Aubin, Corvese and Almeida introduce (03-H 5137) An Act relating to criminal offenses - burglary and breaking and entering.

Read and referred to the Committee on Judiciary.

Representatives Voccola, Coogan, DeSimone and Williamson introduce (03-H 5138) An Act relating to criminal procedure - right to discovery.

Read and referred to the Committee on Judiciary.

Representatives Voccola, Coogan, DeSimone and Williamson introduce (03-H 5139) An Act relating to forensic DNA testing.

Read and referred to the Committee on Judiciary.

Representatives Schadone, Dennigan and Rose introduce (03-H 5140) An Act relating to operators' and chauffeurs' licenses.

Read and referred to the Committee on Judiciary.

Representatives Murphy and Caprio introduce (03-H 5141) House Resolution honoring Nino D'Urso on receiving the Lifetime Achievement Culinary Award by the Chef's Association of Rhode Island.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Fox, seconded by Representatives Benson, Lima, Caprio, Cerra and Enos, and by unanimous consent, on a voice vote.

Representatives Kilmartin, Menard, Watson and Fox introduce (03-H 5142) House Resolution amending the Rules of the House of Representatives for the year 2003-2004.

Representative Kilmartin requests unanimous consent for immediate consideration.

There is no objection.

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

Representative Shanley introduces (03-H 5143) House Resolution congratulating Edward Degnan on his retirement after 32 years of outstanding service to the State of Rhode Island.

Representative Shanley requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Shanley, seconded by Representatives Lally, Laroche, McNamara, Williamson, Caprio and Picard, and by unanimous consent, on a voice vote.

Representatives Malik and Anguilla introduce (03-H 5144) An Act to vacate the forfeiture or revocation of the charter of First Step, Inc.

Representative Malik requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Malik, seconded by Representatives Anguilla, Shanley, Gallison and Kilmartin, 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, 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, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Mumford, Naughton, Petrarca, Picard, Rose, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williamson, Winfield.

NAYS - 0.

ANNOUNCEMENTS


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

Also:

Representative Crowley announces that the Committee on Separation of Powers will meet today at the rise of the House in Room 135 of the State House for an organizational meeting.

Also:

Representative Lima announces on Thursday, January 23, 2003, at 3:00 o'clock P.M., a photographer will be here to take photos for all Representatives' identification badges.

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 4:30 o'clock P.M. on motion of Representative Malik, and as a further mark of respect to the memory of Anthony N. Nunes; on motion of Representative Landroche, and as a further mark of respect to the memory of Nora Petrarca; on motion of Representative Carter, and as a further mark of respect to the memory of Peter Sirr; on motion of Representative Corvese, and as a further mark of respect to the memory of James Dale Nesbitt and Gloria DiRaimo; on motion of Representative Scott, and as a further mark of respect to the memory of Fred Marley; on motion of Representative Aubin, and as a further mark of respect to the memory of Arminda Albuguergue; seconded by Representatives Fox and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION


REPRESENTATIVE ARTHUR J. CORVESE


Lord, may it be Thy will, not our own, which governs our deliberations this day. Amen.

Appendix



TRANSMITTED TO THE GOVERNOR




(03-S 39) An Act relating to the Joint Committee on Naming New Buildings.



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