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.9 Thursday, January 23, 2003 Ninth Day


The House of Representatives meets at the State House in Providence, Thursday, January 23, 2003, and is called to order at 4:22 o'clock P.M., by the Honorable William J. Murphy, Speaker.

The roll is called and a quorum is declared present with 71 members present and 4 members absent as follows:

PRESENT - 71: 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, Mumford, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williamson, Winfield.

ABSENT - 4: Representatives Moura, Naughton, Palumbo, Williams.

INVOCATION


The Honorable Speaker presents Representative Lally, 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 22, 2003, is approved as printed.

ANNOUNCEMENT


Representative Eileen Naughton will not attend session today. She is with her daughter at the hospital; her daughter is giving birth.

GUESTS


Representative Watson welcomes to the House Chambers as guests Despina Stefanopoulos, Anthony Spiratos, and Eric Brianski.

Also:

Representative Ginaitt introduces his daughter Taylor.

Also:

Representative Crowley also welcomes Anthony Spiratos to the House Chambers.

Also:

Representative Brien welcomes to the House Chambers as guests Daniel "Rocky" Baldelli, and Rocco Baldelli of the Tampa Bay Devil Rays.


COMMUNICATION FROM THE SENATE


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

(03-S 114) An Act relating to the Secretary of State.

Read and referred to the Committee on Finance.

(03-S 145) An Act to vacate the forfeiture or revocation of the charter of South Auburn Oil Company, Inc.

Representative Menard requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, in concurrence, on motion of Representative Menard, seconded by Representative Fox, on a roll call vote, 66 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 66: Representatives Ajello, Amaral, Anderson, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Faria, 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, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williamson, Winfield.

NAYS - 0.

REPORT OF COMMITTEE

COMMITTEE ON JUDICIARY


Representative Flaherty, for the Committee on Judiciary, reports back the following measure, with recommendation of passage:

(03-H 5000) Joint Resolution to approve and publish and submit to the electors a proposition of amendment to the constitution of the state (General Assembly).

Received and ordered to be placed on the Calendar.

NEW BUSINESS


Representative Harwood introduces (03-H 5177) An Act relating to taxation.

Read and referred to the Committee on Finance.

Representative Williamson introduces (03-H 5178) An Act relating to taxation - sales tax exemption.

Read and referred to the Committee on Finance.

Representative Williamson introduces (03-H 5179) An Act relating to public records - access to public records.

Read and referred to the Committee on Finance.

Representative Williamson introduces (03-H 5180) An Act relating to state affairs and government - tourism districts.

Read and referred to the Committee on Finance.

Representative Williamson introduces (03-H 5181) An Act relating to state affairs and government - tourism and development.

Read and referred to the Committee on Finance.

Representative Williamson introduces (03-H 5182) An Act relating to sports, racing, and athletics - the Rhode Island Gaming Control and Revenue Act.

Read and referred to the Committee on Finance.

Representative Williamson introduces (03-H 5183) An Act relating to education.

Read and referred to the Committee on Finance.

Representatives Cerra, Montanaro, Voccola, Smith and Schadone introduce (03-H 5184) An Act relating to taxation - Operation Stand Down Rhode Island.

Read and referred to the Committee on Finance.

Representative Anderson introduces (03-H 5185) An Act relating to the Kent County Water District.

Read and referred to the Committee on Corporations.

Representative Williamson introduces (03-H 5186) An Act relating to Kent County Water District.

Read and referred to the Committee on Corporations.

Representative Callahan introduces (03-H 5187) An Act relating to motor and other vehicles - mobile and manufactured homes.

Read and referred to the Committee on Corporations.

Representative Williamson introduces (03-H 5188) An Act relating to cities and towns.

Read and referred to the Committee on Corporations.

Representatives Corvese, DeSimone, Malik, Schadone and McNamara introduce (03-H 5189) An Act relating to health and safety - truth in food disclosure law.

Read and referred to the Committee on Corporations.

Representatives McNamara, Ginaitt, Malik, Anguilla and Gallison introduce (03-H 5190) An Act relating to motor vehicles - diesel vehicle idling standards.

Read and referred to the Committee on Corporations.

Representative Williamson introduces (03-H 5191) An Act relating to property subject to taxation.

Read and referred to the Committee on Corporations.

Representatives Gorham, Enos, Savage, Trillo and Moffitt introduce (03-H 5192) An Act relating to towns and cities - zoning.

Read and referred to the Committee on Corporations.

Representative Corvese introduces (03-H 5193) An Act relating to the Division of Motor Vehicles.

Read and referred to the Committee on Judiciary.

Representatives Giannini, Lewiss, Williamson, Anguilla and DeSimone introduce (03-H 5194) An Act relating to criminal offenses - kidnapping.

Read and referred to the Committee on Judiciary.

Representatives Kilmartin, Anderson and Landroche introduce (03-H 5195) An Act relating to motor and other vehicles - motor vehicle offenses.

Read and referred to the Committee on Judiciary.

Representatives Lima, Jacquard, Montanaro, Faria and Wasylyk introduce (03-H 5196) An Act relating to criminal offenses - gambling and lotteries.

Read and referred to the Committee on Judiciary.

Representative Williamson introduces (03-H 5197) An Act relating to domestic relations - support of children - prepaid support.

Read and referred to the Committee on Judiciary.

Representative Williamson introduces (03-H 5198) An Act relating to domestic relations - child custody.

Read and referred to the Committee on Judiciary.

Representative Anderson introduces (03-H 5199) An Act relating to education - the Rhode Island Student Investment Initiative.

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

Representative Kilmartin introduces (03-H 5200) An Act relating to Board of Regents for Elementary and Secondary Education.

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

Representatives Ginaitt, Savage, Costantino, Handy and Gallison introduce (03-H 5201) House Resolution respectfully urging the federal government to block the implementation of United States Environmental Protection Agency rules which will weaken the new source review provision of the Clean Air Act and take action to further restrict emissions from power plants.

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

Representative Anderson introduces (03-H 5202) An Act relating to labor and labor relations - inspection of personnel files.

Read and referred to the Committee on Labor.

Representative Anderson introduces (03-H 5203) An Act relating to labor relations - certified school teachers' arbitration.

Read and referred to the Committee on Labor.

Representative Williamson introduces (03-H 5204) An Act relating to labor and labor relations - certified school teachers' arbitration.

Read and referred to the Committee on Labor.

Representative Fox introduces (03-H 5205) Joint Resolution designating the Secretary of State as the Acting Chief State Election Official for the purpose of the Help America Vote Act.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

Representative Fox moves passage of the resolution, seconded by Representatives Lima, Carter, Benson, Shavers, McNamara and Ajello.

Representatives Fox and Gorham discuss the resolution.

Read and passed, 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, Amaral, Anderson, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Faria, 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, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williamson, Winfield.

NAYS - 0.

Representatives Gorham and Aubin introduce (03-H 5206) House Resolution congratulating Ponaganset High School on being selected as a Regent's Commended School for 2002.

Representative Gorham requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Gorham, seconded by Representatives Mumford, Moffitt, Amaral and Aubin, and by unanimous consent, on a voice vote.

Representative Gorham introduces (03-H 5207) House Resolution congratulating Coventry High School on being selected as a Regent's Commended School for 2002.

Representative Gorham requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Gorham, seconded by Representatives Landroche, Moffitt, Mumford, and Anderson, and by unanimous consent, on a voice vote.

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


Representative Kilmartin announces that the Committee on House Rules will not meet today, but will meet next Thursday, January 30, 2003.

Also:

Representative Flaherty announces that the Committee on Judiciary will meet today at the rise of the House in Room 205 of the State House.

Also:

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

Also:

Representative Fox announces that the Desk will be held open.

ADJOURNMENT


At 5:20 o'clock P.M. on motion of Representative Faria, and as a further mark of respect to the memory of Jerry Hayden; on motion of Representative Corvese, and as a further mark of respect to the memory of Giacino Rosato; on motion of Representative Benson, and as a further mark of respect to the memory of Doris M. Cassidy, Alissa Rose and Angela Faith Jencks; on motion of Representative DeSimone, and as a further mark of respect to the memory of Rita Desiderato; on motion of Representative San Bento, and as a further mark of respect to the memory of Mary Peppes; on motion of Representative Carter, and as a further mark of respect to the memory of James "Jake" Reilly; seconded by Representatives Fox and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION

REPRESENTATIVE DONALD J. LALLY, JR.


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 145) An Act to vacate the forfeiture or revocation of the charter of South Auburn Oil Company, Inc.

Appendix



CALENDAR


In order for Wednesday, January 29, 2003:

1. (03-H5000) Joint Resolution to approve and publish and submit to the electors a proposition of amendment to the constitution of the state (General Assembly).

Committee on Judiciary recommends passage.

LOUIS D'ANTUONO
Clerk of the House
Thursday, January 23, 2003



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