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.10 Tuesday, January 28, 2003 Tenth Day


The House of Representatives meets at the State House in Providence, Tuesday, January 28, 2003, and is called to order at 4:11 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, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

ABSENT - 3: Representatives Harwood, Palumbo, San Bento.

INVOCATION


The Honorable Speaker presents Representative Shavers, 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 23, 2003, is approved as printed.

ANNOUNCEMENTS


Representative Mary Cerra has been appointed to the Health, Education and Welfare Committee.

WILLIAM J. MURPHY
Speaker

Also:

Representative Palumbo will be unable to attend session this week, January 28, 29 and 30, 2003, due to illness.

Also:

Representative San Bento will be unable to attend session this week, January 28, 29 and 30, 2003, due to illness.

GUEST


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

By unanimous consent, Representative Coogan addresses the members of the House and welcomes to the House Al Moscola, Director of Public Works.

By unanimous consent, Mr. Moscola addresses the members of the House.

At 4:24 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 measures:

(03-S 146) An Act relating to state budget.

Read and referred to the Committee on Finance.

(03-S 144) An Act to vacate the forfeiture or revocation of the charter of Rocco's Service Station, 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 Representative Menard, 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, Anderson, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Faria, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Long, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS - 0.

TRANSMITTAL


By unanimous consent, (03-S 144) on the Clerk's desk is ordered to be transmitted to His Excellency, the Governor forthwith.

NEW BUSINESS


Representatives Menard, Gallison and Brien introduce (03-H 5208) An Act relating to health and safety - emergency medical transportation services.

Read and referred to the Committee on Corporations.

Representatives San Bento, Lewiss and Ginaitt introduce (03-H 5209) An Act relating to children - cigarette and tobacco vending machines.

Read and referred to the Committee on Corporations.

Representatives San Bento, Ginaitt and Lewiss introduce (03-H 5210) An Act relating to commercial law - Fair Trade Act.

Read and referred to the Committee on Corporations.

Representatives San Bento, Coderre and Ginaitt introduce (03-H 5211) An Act relating to energy supply policy.

Read and referred to the Committee on Corporations.

Representatives Rose, Enos, San Bento, Picard and Savage introduce (03-H 5212) An Act relating to alcoholic beverages - regulation of sales.

Read and referred to the Committee on Corporations.

Representatives Laroche, Landroche, Brien, Menard and Ginaitt introduce (03-H 5213) An Act relating to towns and cities - relief of injured and deceased fire fighters and police officers.

Read and referred to the Committee on Corporations.

Representative Corvese introduces (03-H 5214) An Act relating to towns and cities - optional retirement for police and firefighters.

Read and referred to the Committee on Corporations.

Representatives Laroche, Coderre, McHugh, Williams and Landroche introduce (03-H 5215) An Act relating to businesses and professions.

Read and referred to the Committee on Corporations.

Representatives Ginaitt, Sherlock, McNamara, Flaherty and Trillo introduce (03-H 5216) An Act relating to airports and landing fields.

Read and referred to the Committee on Corporations.

Representatives Tejada and Moran introduce (03-H 5217) An Act relating to unfair sales practices - merchandise credit slips.

Read and referred to the Committee on Corporations.

Representatives Giannini, Petrarca, Lowe and Picard introduce (03-H 5218) An Act relating to health insurance coverage.

Read and referred to the Committee on Corporations.

Representatives Brien, Laroche and Menard introduce (03-H 5219) An Act relating to pawnbrokers.

Read and referred to the Committee on Corporations.

Representatives Brien, Rose, Anguilla, Laroche and Lowe introduce (03-H 5220) An Act relating to alcoholic beverages - regulation of sales.

Read and referred to the Committee on Corporations.

Representative Carter introduces (03-H 5221) An Act relating to towns and cities - town of Narragansett - landing fee.

Read and referred to the Committee on Finance.

Representatives Brien, Gallison, Winfield, Menard and Carter introduce (03-H 5222) An Act relating to the National Guard.

Read and referred to the Committee on Finance.

Representatives San Bento, Coderre and Ginaitt introduce (03-H 5223) An Act relating to taxation - inheritance.

Read and referred to the Committee on Finance.

Representative Kilmartin introduces (by request) (03-H 5224) An Act relating to public officers and employees - retirement system - contributions and benefits.

Read and referred to the Committee on Finance.

Representatives Flaherty, Voccola, Cerra, Petrarca and Gallison introduce (03-H 5225) Joint Resolution making an appropriation to pay certain veterans' bonuses.

Read and referred to the Committee on Finance.

Representatives Flaherty, Voccola, Petrarca, Cerra and Gallison introduce (03-H 5226) Joint Resolution making an appropriation to pay certain veterans' bonuses.

Read and referred to the Committee on Finance.

Representatives Voccola, Moran and Tejada introduce (03-H 5227) An Act relating to motor and other vehicles - registration of vehicles.

Read and referred to the Committee on Finance.

Representatives San Bento, Malik and Ginaitt introduce (03-H 5228) An Act relating to sales and use taxes.

Read and referred to the Committee on Finance.

Representatives San Bento, Lewiss and Ginaitt introduce (03-H 5229) Joint Resolution making an appropriation of $75,000 for Options for Working Parents.

Read and referred to the Committee on Finance.

Representatives Gallison, Brien, Winfield, Malik and Carter introduce (03-H 5230) An Act relating to military affairs and defense - National Guard.

Read and referred to the Committee on Finance.

Representative Anderson introduces (03-H 5231) An Act relating to public officers and employees - retirement system - contributions and benefits.

Read and referred to the Committee on Finance.

Representative Winfield introduces (by request) (03-H 5232) Joint Resolution making an appropriation to pay certain veterans' bonuses.

Read and referred to the Committee on Finance.

Representatives Story, Savage, McManus, Long and Amaral introduce (03-H 5233) An Act relating to education.

Read and referred to the Committee on Finance.

Representative Winfield introduces (by request) (03-H 5234) Joint Resolution making an appropriation to pay certain veterans' bonuses.

Read and referred to the Committee on Finance.

Representatives Ginaitt, Anguilla, Handy, Carter and Anderson introduce (03-H 5235) An Act relating to health and safety - the Nursing Education Loan Repayment Program.

Read and referred to the Committee on Finance.

Representatives Ginaitt, Anguilla, Handy, Carter and Anderson introduce (03-H 5236) An Act relating to health and safety - the Nursing Scholarship Program.

Read and referred to the Committee on Finance.

Representatives Ginaitt, Long, McNamara, Costantino and Reilly introduce (by request of the Lieutenant Governor) (03-H 5237) An Act relating to pharmaceutical assistance to the elderly.

Read and referred to the Committee on Finance.

Representatives Ginaitt, Carter, Lally, Enos and San Bento (by request of the Lieutenant Governor) introduce (03-H 5238) An Act relating to state affairs and government.

Read and referred to the Committee on Finance.

Representatives Ginaitt, Carter, Anderson, Long and McNamara introduce (by request of the Lieutenant Governor) (03-H 5239) An Act relating to state affairs and government - pharmaceutical assistance to the elderly.

Read and referred to the Committee on Finance.

Representatives Winfield, Malik, Gallison, Brien and Carter introduce (03-H 5240) An Act relating to motor and other vehicles - registration of vehicles.

Read and referred to the Committee on Finance.

Representatives Ginaitt, Carter, McNamara, San Bento and Long introduce (by request of the Lieutenant Governor) (03-H 5241) An Act relating to taxation - personal income tax.

Read and referred to the Committee on Finance.

Representatives San Bento, Lewiss and Malik introduce (03-H 5242) An Act relating to taxation - cigarette tax.

Read and referred to the Committee on Finance.

Representatives Smith, Long, Montanaro, Moffitt and DeSimone introduce (03-H 5243) An Act relating to elections - referenda elections.

Read and referred to the Committee on Finance.

Representative Brien introduces (03-H 5244) An Act relating to state affairs and government - Department of Environmental Management.

Read and referred to the Committee on Finance.

Representatives Ginaitt, Carter, San Bento and Long introduce (by request of the Lieutenant Governor) (03-H 5245) An Act relating to sanitation in food establishments.

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

Representatives Ginaitt, Sherlock, Anderson, Carter and San Bento introduce (by request of the Lieutenant Governor) (03-H 5246) An Act relating to human services - long term home health care.

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

Representatives Ginaitt, Carter, Lally, Enos and San Bento introduce (by request of the Lieutenant Governor) (03-H 5247) House Resolution memorializing Congress to eliminate home care reimbursement reductions.

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

Representatives Brien, Laroche, Picard, Menard and McNamara introduce (03-H 5248) An Act relating to health - needle exchange program.

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

Representatives Flaherty, Voccola and Petrarca introduce (03-H 5249) An Act relating to courts and court procedure - courts - court administration.

Read and referred to the Committee on Judiciary.

Representatives Flaherty, Voccola and Petrarca introduce (03-H 5250) An Act relating to District Court.

Read and referred to the Committee on Judiciary.

Representative Naughton introduces (03-H 5251) An Act relating to courts and civil procedure - judgments, orders and decrees.

Read and referred to the Committee on Judiciary.

Representatives Gallison, Winfield, Brien, Menard and Carter introduce (03-H 5252) An Act relating to the National Guard.

Read and referred to the Committee on Judiciary.

Representatives Schadone, Brien, Kilmartin, DeSimone and McCauley introduce (03-H 5253) An Act relating to insurance - Unfair Claims Settlement Practices Act.

Read and referred to the Committee on Judiciary.

Representatives Petrarca, Giannini, Montanaro, Smith and McManus introduce (03-H 5254) An Act relating to criminal offenses - abandonment and nonsupport.

Read and referred to the Committee on Judiciary.

Representative Kilmartin introduces (03-H 5255) An Act relating to criminal offenses - trespass and vandalism.

Read and referred to the Committee on Judiciary.

Representatives Flaherty, Voccola and Petrarca introduce (03-H 5256) An Act relating to preliminary proceedings in District Court.

Read and referred to the Committee on Judiciary.

Representative Naughton introduces (03-H 5257) An Act relating to courts and civil procedure - joint and several liability.

Read and referred to the Committee on Judiciary.

Representatives Flaherty, Voccola and Petrarca introduce (03-H 5258) An Act relating to courts and civil procedure - procedure generally - selection of jury.

Read and referred to the Committee on Judiciary.

Representatives Flaherty, Voccola and Petrarca introduce (03-H 5259) An Act relating to preliminary proceedings in District Courts.

Read and referred to the Committee on Judiciary.

Representatives Flaherty, Voccola and Petrarca introduce (03-H 5260) An Act relating to motor and other vehicles - adjudication of traffic offenses.

Read and referred to the Committee on Judiciary.

Representatives Flaherty, Voccola and Petrarca introduce (03-H 5261) An Act relating to labor and labor relations - Workers' Compensation Court.

Read and referred to the Committee on Judiciary.

Representatives Flaherty, Voccola and Petrarca introduce (03-H 5262) An Act relating to clerks of Supreme and Superior Courts.

Read and referred to the Committee on Judiciary.

Representatives Menard, McCauley, Gallison, Brien and Montanaro introduce (03-H 5263) An Act relating to towns and cities - benefits for firefighters.

Read and referred to the Committee on Labor.

Representative Faria introduces (03-H 5264) An Act relating to retirement - disability.

Read and referred to the Committee on Labor.

Representative Anderson introduces (03-H 5265) An Act relating to labor arbitration.

Read and referred to the Committee on Labor.

Representatives San Bento, Lewiss and Malik introduce (03-H 5266) An Act relating to installers of individual sewage disposal systems.

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

Representatives Moran, Voccola, Tejada and Brien introduce (03-H 5267) An Act relating to hunting and hunting safety.

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

Representatives Ginaitt and Carter introduce (03-H 5268) An Act relating to waters and navigation - Coastal Resources Management Council - immunity from liability.

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

Representatives Ginaitt, Carter, Anderson, Enos and San Bento introduce (03-H 5269) House Resolution recognizing National Agriculture Day and celebrating National Agriculture Week.

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

Representatives Ginaitt, Sherlock, Anderson and Long introduce (03-H 5270) An Act relating to commercial law - general regulatory provisions.

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

Representatives Ginaitt, Carter, McNamara, Anderson and Reilly introduce (03-H 5271) An Act relating to motor vehicles - diesel vehicle idling standards.

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

Representative Carter introduces (03-H 5272) An Act relating to waters and navigation - construction of port facilities.

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

Representative Mumford introduces (03-H 5273) An Act relating to the town of Scituate - school zone flashing signal.

Read and referred to the Joint Committee on Highway Safety.

Representative Callahan introduces (03-H 5274) An Act relating to town of Portsmouth - traffic control devices.

Read and referred to the Joint Committee on Highway Safety.

Representatives San Bento, Coderre and Ginaitt introduce (03-H 5275) Joint Resolution making an appropriation of $80.47 to pay the claim of Ann Calcagni of 55 Trieste Street, Pawtucket, RI 02860.

Read and referred to the Joint Committee on Accounts and Claims.

Representative Jacquard introduces (03-H 5276) Joint Resolution making an appropriation of $424.29 to pay the claim of Americo Rapa of 27 Waterman Avenue, Cranston, RI 02910.

Read and referred to the Joint Committee on Accounts and Claims.

Representatives McNamara, Benson, Almeida, Williams and Ajello introduce (03-H 5277) An Act relating to equal opportunity and affirmative action.

Read and referred to the Committee on Separation of Powers.

Representative Kilmartin introduces (03-H 5278) House Resolution adopting rules of the House of Representatives for the years 2003-2004.

Read and referred to the Committee on Rules.

ANNOUNCEMENT


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

ADJOURNMENT


At 4:28 o'clock P.M. on motion of Representative Brien, and as a further mark of respect to the memory of Linda Lavallee; on motion of Representative Moffitt, and as a further mark of respect to the memory of Rita A. Beauchaine; on motion of Representative Kilmartin, and as a further mark of respect to the memory of Louis M. Hatch and Dot O'Keefe; seconded by Representatives Fox and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION

REPRESENTATIVE MAXINE L. SHAVERS


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

Appendix



TRANSMITTED TO THE GOVERNOR


(03-S 144) An Act to vacate the forfeiture or revocation of the charter of Rocco's Service Station, 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
Tuesday, January 28, 2003



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