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.11
Wednesday, January 29, 2003
Eleventh Day
The House of Representatives meets at the State House in Providence, Wednesday, January 29, 2003, and is called to order at 4:15 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:
ABSENT - 4: Representatives Costantino, Lowe, Palumbo, San Bento.
Representative Fox rises and requests a moment of silence for the speedy recovery of Representative San Bento.
INVOCATION
The Honorable Speaker presents Representative McNamara, 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 28, 2003, is approved as printed.
GUESTS
Representatives Fox, Watson and Benson welcome to the House Chambers as a guest Michael McMahon, Counsel to the Governor for Economic Development and Community Affairs, and Executive Director, Rhode Island Economic Development Corporation.
Also:
Representative Anderson welcomes to the House Chambers as guests Jared Salles and daughter Jill Anderson, former Head Page of the House.
COMMUNICATION FROM THE SENATE
A message from the Honorable Senate transmits with announcement of passage, of the following measure:
(03-S 163) An Act authorizing the city of Cranston to impose a supplemental tax for the fiscal year 2002-2003.
Received and ordered to be placed on the Desk.
PERSONAL PRIVILEGE
By unanimous consent, Representative Fox addresses the members of the House on a point of personal privilege in regard to a newspaper article.
Also:
By unanimous consent, Representative Moura addresses the members of the House on a point of personal privilege in regard to the same newspaper article.
REPORTS OF COMMITTEES
TRANSFER OF BILLS
Representative Kennedy, for the Committee on Corporations, reports back the following measure, with recommendation of transfer to the Committee on Judiciary:
(03-H 5126) An Act relating to criminal offenses - assaults.
Received and referred to the Committee on Judiciary.
Representative Kennedy, for the Committee on Corporations, reports back the following measure, with recommendation of transfer to the Committee on Health, Education and Welfare:
(03-H 5190) An Act relating to motor vehicles - diesel vehicle idling standards.
Received and referred to the Committee on Health, Education and Welfare.
COMMITTEE ON FINANCE
Representative Sherlock, for the Committee on Finance, reports back the following measure, with recommendation of passage:
(03-H 5088) (Substitute "A") An Act relating to towns and cities - qualified bonds.
Received and ordered to be placed on the Calendar for Tuesday, February 4, 2003.
NEW BUSINESS
Representatives Giannini, Coderre, Rose, Petrarca and Gallison introduce (03-H 5279) An Act relating to commercial law - unfair sales practices.
Read and referred to the Committee on Corporations.
Representatives Moffitt, Williams and Long introduce (03-H 5280) An Act relating to commercial - general regulating provisions - deceptive trade practices.
Read and referred to the Committee on Corporations.
Representatives Coogan, Ajello, Rose, Slater and Lally introduce (03-H 5281) An Act relating to commercial law - general regulatory provisions - deceptive trade practices.
Read and referred to the Committee on Corporations.
Representatives Flaherty and Wasylyk introduce (03-H 5282) An Act relating to alcoholic beverages - wholesale licenses.
Read and referred to the Committee on Corporations.
Representatives Gallison, Aubin, Lewiss, Winfield and Menard introduce (03-H 5283) An Act relating to distribution of credit cards.
Read and referred to the Committee on Corporations.
Representatives Menard, Crowley, Winfield and Gallison introduce (03-H 5284) An Act relating to property - condominium ownership.
Read and referred to the Committee on Corporations.
Representatives Corvese and Schadone introduce (03-H 5285) An Act relating to taxation - collection of taxes generally.
Read and referred to the Committee on Corporations.
Representatives Slater, Tejada, Almeida, Ajello and Williams introduce (03-H 5286) An Act relating to human services - health care for families.
Read and referred to the Committee on Finance.
Representative Picard introduces (03-H 5287) An Act relating to state affairs and government - quasi-public corporations.
Read and referred to the Committee on Finance.
Representatives Flaherty and Wasylyk introduce (03-H 5288) An Act relating to education.
Read and referred to the Committee on Finance.
Representatives Moura, Williams, Ajello, Coderre and Smith introduce (03-H 5289) An Act relating to the Family Independence Act - allowance for adults.
Read and referred to the Committee on Finance.
Representatives Montanaro, Crowley, Kilmartin, Moura and McCauley introduce (03-H 5290) An Act relating to public officers and employees - merit system.
Read and referred to the Committee on Finance.
Representatives Kilmartin, Moura, Corvese, Moran and Cerra introduce (03-H 5291) An Act relating to courts and civil procedure - courts - state and municipal court compact.
Read and referred to the Committee on Judiciary.
Representatives Anguilla, Gallison, Williamson, Lewiss and Schadone introduce (03-H 5292) An Act relating to courts and civil procedure - procedure generally.
Read and referred to the Committee on Judiciary.
Representatives Anguilla, Almeida, Williamson, Lewiss and Schadone introduce (03-H 5293) An Act relating to criminal procedure.
Read and referred to the Committee on Judiciary.
Representatives Coogan, Slater, Reilly, Lally and McNamara introduce (03-H 5294) An Act relating to motor and other vehicles.
Read and referred to the Committee on Judiciary.
Representatives Flaherty and Wasylyk introduce (03-H 5295) An Act relating to state budget.
Read and referred to the Committee on Judiciary.
Representatives Gallison, Brien, Aubin, Lewiss and Winfield introduce (03-H 5296) An Act relating to health and safety - fireworks and pyrotechnics.
Read and referred to the Committee on Judiciary.
Representatives Montanaro, Anderson, Crowley, Smith and Moura introduce (03-H 5297) An Act relating to education - standardized testing.
Read and referred to the Committee on Health, Education and Welfare.
Representatives Montanaro, Anderson and Moura introduce (03-H 5298) An Act relating to labor and labor relations - unfair practices.
Read and referred to the Committee on Labor.
Representatives Coogan, Winfield, Ajello, Rose and Slater introduce (03-H 5299) An Act relating to motor vehicles - funeral processions.
Read and referred to the Joint Committee on Highway Safety.
Representative Picard introduces (03-H 5300) An Act relating to fish and wildlife.
Read and referred to the Joint Committee on Environment and Energy.
Representatives Williamson, Dennigan, Giannini, Handy and Trillo introduce (03-H 5301) An Act relating to property - Rhode Island Fair Housing Practices Act.
Read and referred to the Committee on Judiciary.
Representatives Handy, Dennigan, McManus, Slater and Lima introduce (03-H 5302) An Act relating to businesses and professions.
Read and referred to the Committee on Health, Education and Welfare.
Representatives Jacquard, Mumford, Lima, Palumbo and Handy introduce (03-H 5303) An Act authorizing the city of Cranston to impose a supplemental tax for the fiscal year 2002-2003.
Representative Jacquard requests unanimous consent for immediate consideration.
There is no objection.
Representative Jacquard moves passage, seconded by Representatives Mumford, Lima, Handy, Montanaro and Cerra.
Representative Jacquard discusses the act.
Read and passed, on a roll call vote, 61 members voting in the affirmative and 0 members voting in the negative as follows:
Representatives Amaral, Callahan, Enos and Gallison introduce (03-H 5304) House Resolution congratulating Assistant Principal John Blaess on being named "Assistant Principal of the Year" by the Rhode Island Association of School Principals.
Representative Amaral requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Amaral, seconded by Representatives Enos, Long, Scott, Benson, Aubin, Gallison, Savage and Mumford, and by unanimous consent, on a voice vote.
Representatives Fox and Watson introduce (03-H 5305) Joint Resolution inviting His Honor, the President of the Senate, and the Honorable Senate, to join the House of Representatives in Joint Session for the purpose of receiving the State of the State Address of His Excellency, the Governor.
Representative Fox requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Fox, seconded by Representative Watson, and by unanimous consent, on a voice vote.
Representatives Watson and Fox introduce (03-H 5306) An Act relating to state budget.
Representative Watson requests unanimous consent for immediate consideration.
There is no objection.
Representative Watson moves passage, seconded by Representative Fox.
Representative Moura discusses the act.
Read and passed, on a roll call vote, 67 members voting in the affirmative and 0 members voting in the negative as follows:
Representative Benson requests the journal to reflect that if she had voted on (03-H 5306), she would have voted in the affirmative.
There is no objection.
Representatives Crowley, Anguilla, McNamara and Fox introduce (03-H 5307) House Resolution requesting the Director of Legislative Data to attach a link to the written text of the Rhode Island Charter of 1663 through the General Assembly Website.
Representative Crowley requests unanimous consent of the majority and the minority to place the resolution on tomorrow's Calendar.
There is no objection.
Read and ordered to be placed on the Calendar.
CALENDAR
From the Calendar is taken:
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.
Representative Flaherty moves passage of the resolution, seconded by Representatives Lima, Fox, Menard, Aubin, McHugh, Benson, Williamson, Brien, Caprio, Ginaitt, Lewiss, Kennedy, Malik, Anguilla, Reilly, Slater, McCauley, Shavers, Landroche, Laroche, Kilmartin, Shanley, Lally, McNamara, Handy, Giannini, Cerra, Dennigan and Enos.
Representatives Picard and Flaherty discuss the resolution.
By unanimous consent, Representative Scott, seconded by Representatives Amaral and Savage, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(03-H 5000)
Mr. Speaker:
I hereby move to amend (03-H 5000) entitled "JOINT RESOLUTION TO APPROVE AND PUBLIC AND SUBMIT TO THE ELECTORS A PROPOSITION OF AMENDMENT TO THE CONSTITUTION OF THE STATE (GENERAL ASSEMBLY)", as follows:
On page 1, line 9, by deleting the word and figure "four (4)" and inserting in place thereof the word and figure "two (2)".
On page 1, line 16, by deleting the word and figure "four (4)" and inserting in place thereof the word and figure "two (2)".
Respectfully submitted,
JOSEPH H. SCOTT
Representative, District 39
Representatives Scott, Montanaro, Watson, Flaherty and Gorham discuss the amendment.
Representative Watson rises on a point of order for Representative Flaherty to speak germane to the amendment.
The Honorable Speaker rules for Representative Flaherty to speak germane to the amendment.
Representatives Corvese, Kilmartin and McNamara continue discussion of the amendment.
The motion to amend is read and fails of passage, on a roll call vote, 11 members voting in the affirmative and 58 members voting in the negative as follows:
By unanimous consent, all matters on the Clerk's desk are ordered to be transmitted to the Honorable Secretary of State, and to the Honorable Senate forthwith.
ANNOUNCEMENT
Representative Montanaro announces that the Committee on Rules will meet tomorrow at the rise of the House in Room 203 of the State House.
ADJOURNMENT
At 5:09 o'clock P.M. on motion of Representatives McNamara and Cerra, and as a further mark of respect to the memory of Domenic D. Cleri; on motion of Representative Lally, and as a further mark of respect to the memory of Bernard H. Quinn; seconded by Representatives Fox and Watson, the House adjourns, on a unanimous rising vote.
LINDA McELROY Recording Clerk
Appendix
INVOCATION
REPRESENTATIVE JOSEPH M. McNAMARA
Heavenly Father, look with favor on our deliberation and assist us by your grace to do what is just and wise. Amen.
Appendix
CALENDAR
In order for Thursday, January 30, 2003:
1. (03-H5307) House Resolution requesting the Director of Legislative Data to attach a link to the written text of the Rhode Island Charter of 1663 through the General Assembly Website.
Ordered on the Calendar.
Appendix
CALENDAR
In order for Tuesday, February 4, 2003:
1. (03-H5088) (Substitute "A") An Act relating to towns and cities - qualified bonds.
Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A".
LOUIS D'ANTUONO Clerk of the House
Wednesday, January 29, 2003
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