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.12 Thursday, January 30, 2003 Twelfth Day


The House of Representatives meets at the State House in Providence, Thursday, January 30, 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 69 members present and 6 members absent as follows:

PRESENT - 69: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anderson, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Crowley, Dennigan, DeSimone, Enos, Faria, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Harwood, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Malik, 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 - 6: Representatives Costantino, Ginaitt, Lowe, McCauley, Palumbo, San Bento.

INVOCATION


The Honorable Speaker presents Representative Coderre, 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 29, 2003, is approved as printed.

CORRECTION


By unanimous consent, the House Journal of Tuesday, January 28, 2003, is hereby corrected on page 2, column 1, line 10, by deleting "referred to the Committee on Finance" and inserting "placed on the Desk."

GUEST


Representative Aubin welcomes to the House Chambers as guests Debra and Normand Lamoureux.

FROM THE DESK


From the Desk are taken:

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

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, in concurrence, on motion of Representative Fox, seconded by Representatives Lima, Sherlock, McNamara and Watson, on a roll call vote, 62 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 62: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anderson, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Crowley, Dennigan, Enos, Faria, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Smith, Story, Trillo, Watson, Williams, Williamson, Winfield.

NAYS - 0.

(03-S 163) An Act authorizing the city of Cranston to impose a supplemental tax for the fiscal year 2002-2003.



Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, in concurrence, on motion of Representative Fox, seconded by Representatives Montanaro, Mumford, Lima, Handy, Sherlock, McNamara, Cerra and Moffitt, on a roll call vote, 59 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 59: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anderson, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Dennigan, Enos, Faria, Flaherty, Fox, Gallison, Giannini, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Scott, Shanley, Shavers, Sherlock, Slater, Smith, Story, Trillo, 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, forthwith.

NEW BUSINESS


Representatives Aubin and Lowe introduce (03-H 5308) An Act relating to state affairs and government - Mill Building and Economic Revitalization Act.

Read and referred to the Committee on Finance.

Representatives Gallison, Corvese, Jacquard, Malik and Schadone introduce (03-H 5309) An Act relating to education - establishment of charter schools.

Read and referred to the Committee on Finance.

Representatives Gallison, Corvese, Jacquard, Malik and Schadone introduce (03-H 5310) An Act relating to education - establishment of charter public schools.

Read and referred to the Committee on Finance.

Representatives Gorham, Long, Savage, Amaral and Story introduce (03-H 5311) An Act relating to ethics - Ethics Commission powers.

Read and referred to the Committee on Finance.

Representatives Flaherty, Schadone, Anguilla and Wasylyk introduce (03-H 5312) An Act relating to courts and civil procedure - fees.

Read and referred to the Committee on Finance.

Representatives Moura, Kilmartin, McCauley, Williamson and Brien introduce (03-H 5313) An Act relating to state affairs and government - video lottery terminal.

Read and referred to the Committee on Finance.

Representatives Enos, Laroche, Moffitt, Anguilla and McNamara introduce (03-H 5314) An Act relating to state affairs and government - establishing an office of Inspector General.

Read and referred to the Committee on Finance.

Representatives Moran, Tejada, Malik, Voccola and Faria introduce (03-H 5315) An Act relating to the Rhode Island Student Investment Initiative.

Read and referred to the Committee on Finance.

Representatives Menard, Reilly and Moran introduce (03-H 5316) An Act relating to education - school housing aid.

Read and referred to the Committee on Finance.

Representatives Menard, McManus and Petrarca introduce (03-H 5317) An Act relating to education - school housing - state aid ratios.

Read and referred to the Committee on Finance.

Representatives Gorham, Mumford, McManus, Long and Savage introduce (03-H 5318) An Act relating to campaign contributions.

Read and referred to the Committee on Finance.

Representatives Kilmartin, Lima and Trillo introduce (03-H 5319) An Act relating to General Assembly.

Read and referred to the Committee on Finance.

Representatives Kilmartin, Lima, Williamson, Anguilla and Trillo introduce (03-H 5320) An Act creating a sunset oversight commission.

Read and referred to the Committee on Finance.

Representatives Menard, Reilly and Moran introduce (03-H 5321) An Act relating to education.

Read and referred to the Committee on Finance.

Representatives Lima, Jacquard, Montanaro, Palumbo and Handy introduce (03-H 5322) An Act relating to education - funding - transportation services.

Read and referred to the Committee on Finance.

Representatives Lima, Lewiss and Wasylyk introduce (03-H 5323) An Act relating to education - health and safety of pupils.

Read and referred to the Committee on Finance.

Representatives Gallison, Brien, Aubin, Lewiss and Anguilla introduce (03-H 5324) An Act relating to taxation - property tax relief.

Read and referred to the Committee on Corporations.

Representatives Handy, Ginaitt, Long, Slater and Gallison introduce (03-H 5325) An Act relating to public utilities and carriers.

Read and referred to the Committee on Corporations.

Representatives Brien, Menard, Laroche, Picard and Gallison introduce (03-H 5326) An Act relating to health insurance - dental insurance.

Read and referred to the Committee on Corporations.

Representatives Flaherty and Fox introduce (03-H 5327) An Act relating to alcoholic beverages licenses.

Read and referred to the Committee on Corporations.

Representatives Montanaro and Anderson introduce (03-H 5328) An Act relating to the Kent County Water District.

Read and referred to the Committee on Corporations.

Representatives Enos, Laroche, Malik, Smith and Shanley introduce (03-H 5329) An Act relating to motor vehicles.

Read and referred to the Committee on Corporations.

Representatives Gorham, Scott, Long, Savage and Amaral introduce (03-H 5330) An Act relating to health and safety - Division of Fire Safety.

Read and referred to the Committee on Corporations.

Representatives Lewiss, Kennedy, Picard, Winfield and McHugh introduce (03-H 5331) An Act relating to alcoholic beverages - licenses generally.

Read and referred to the Committee on Corporations.

Representatives Lewiss, Kennedy, Picard and McCauley introduce (03-H 5332) An Act relating to financial institutions - community obligations and banking offenses.

Read and referred to the Committee on Corporations.

Representatives Lewiss, Kennedy, Picard, Lowe and Shanley introduce (03-H 5333) An Act relating to public utilities and carriers - Public Utilities Commission.

Read and referred to the Committee on Corporations.

Representatives Scott, Carter and Anderson introduce (03-H 5334) An Act providing for the construction of additional classrooms, remodeling required by the Americans with Disabilities Act, construction of an administrative office building, and equipping and furnishing thereof, by the Exeter-West Greenwich Regional School District and authorizing the financing thereof, including the issue of not more than $1,600,000 bonds therefor.

Read and referred to the Committee on Corporations.

Representatives Moffitt, Long and Anderson introduce (03-H 5335) An Act relating to financial institutions - community obligations.

Read and referred to the Committee on Corporations.

Representatives Menard, Petrarca and McManus introduce (03-H 5336) An Act relating to taxation - levy and assessment of local taxes.

Read and referred to the Committee on Corporations.

Representatives Winfield, Lewiss, Menard, Schadone and Gallison introduce (03-H 5337) An Act relating to boards and commission - annual report.

Read and referred to the Committee on Corporations.

Representatives Cerra, Voccola, Petrarca, Montanaro and Smith introduce (03-H 5338) An Act relating to cities and towns.

Read and referred to the Committee on Corporations.

Representatives Ajello, Anguilla, Fox, Crowley and Dennigan introduce (03-H 5339) An Act relating to insurance.

Read and referred to the Committee on Corporations.

Representatives Benson, Carter, Gallison, Shavers and Crowley introduce (03-H 5340) House Resolution creating a special House commission to study prescription drug pricing.

Read and referred to the Committee on Corporations.

Representatives Long and Amaral introduce (03-H 5341) An Act relating to solemnization of marriages.

Read and referred to the Committee on Judiciary.

Representatives Flaherty, Schadone, Anguilla and Wasylyk introduce (03-H 5342) An Act relating to criminal procedure - warrants for arrest.

Read and referred to the Committee on Judiciary.

Representatives Flaherty, Schadone, Anguilla and Wasylyk introduce (03-H 5343) An Act relating to criminal offenses - children.

Read and referred to the Committee on Judiciary.

Representatives Gorham, Mumford, McManus and Story introduce (03-H 5344) An Act relating to elections - registration of voters.

Read and referred to the Committee on Judiciary.

Representatives Trillo, Story, McNamara, Caprio and Brien introduce (03-H 5345) An Act relating to highways.

Read and referred to the Committee on Judiciary.

Representatives Ajello, Fox, Williams, Moura and Almeida introduce (03-H 5346) An Act relating to firearms.

Read and referred to the Committee on Judiciary.

Representatives Lima, Kilmartin, Wasylyk, Cerra and Williamson introduce (03-H 5347) An Act relating to state affairs and government - administrative procedures.

Read and referred to the Committee on Judiciary.

Representatives Giannini, Picard, Petrarca, Coderre and Gallison introduce (03-H 5348) An Act relating to health insurance coverage.

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

Representatives Giannini, Anguilla, Jacquard, Handy and Corvese introduce (03-H 5349) An Act relating to domestic relations - adoption of children.

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

Representative Anderson introduces (03-H 5350) An Act relating to education - school committees and superintendents.

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

Representatives Malik, Giannini, San Bento, Corvese and Rose introduce (03-H 5351) An Act relating to textbooks.

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

Representatives McNamara, Handy and Ginaitt introduce (03-H 5352) An Act relating to criminal offenses - children.

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

Representatives Lima, Picard, Smith, Montanaro and Cerra introduce (03-H 5353) An Act relating to education - compulsory attendance.

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

Representatives Gallison, Anguilla, Montanaro, Moura and Ajello introduce (03-H 5354) An Act relating to health and safety - health care facilities staffing.

Read and referred to the Committee on Labor.

Representatives Carter, Faria, Gallison, Corvese and Menard introduce (03-H 5355) House Resolution creating a special House commission to study the feasibility of designing a new veterans license plate.

Read and referred to the Joint Committee on Veterans' Affairs.

Representatives Ginaitt, McNamara, Naughton, Handy and Anderson introduce (03-H 5356) An Act relating to health and safety.

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

Representative Shanley introduces (03-H 5357) An Act relating to solemnization of marriages.

Representative Shanley requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Shanley, seconded by Representatives Anguilla, Rose, Lima, McHugh, Carter and Benson, on a roll call vote, 57 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 57: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anderson, Anguilla, Aubin, Benson, Brien, Callahan, Carter, Cerra, Coderre, Corvese, Crowley, Dennigan, Enos, Faria, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Rose, Savage, Scott, Shanley, Shavers, Sherlock, Slater, Story, Trillo, Watson, Williams, Winfield.

NAYS - 0.

Representative Smith requests the journal to reflect that if he had voted on (03-H 5357), he would have voted in the affirmative.

There is no objection.

Representatives Picard and Reilly introduce (03-H 5358) An Act relating to solemnization of marriages.

Representative Picard requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Picard, seconded by Representatives Fox and Smith, on a roll call vote, 57 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 57: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anderson, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Crowley, Dennigan, Enos, Faria, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, McHugh, McManus, Menard, Moffitt, Montanaro, Moran, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Scott, Shanley, Shavers, Sherlock, Slater, Smith, Story, Trillo, Watson, Williams, Williamson, Winfield.

NAYS - 0.

Representatives Naughton, Lally, Carter, Gallison and Kennedy introduce (03-H 5359) House Resolution recognizing the Jason Project Founder, Dr. Robert Ballard and congratulating "Student Argonaut", Rai Doblmeier on his participation in the Jason Project XIV.

Representative Naughton requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Naughton, seconded by Representatives Sherlock, Petrarca, McHugh, Carter, Gallison, Cerra, Shavers and Corvese, and by unanimous consent, on a voice vote.

Representatives Anguilla, Enos, Malik, Lewiss and Crowley introduce (03-H 5360) Joint Resolution to approve and publish and submit to the electors a proposition of amendment to the Constitution of the State (separation of powers).

Read and referred to the Committee on Separation of Powers.

CALENDAR


From the Calendar is taken:

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.

Representative Crowley moves passage of the resolution, seconded by Representatives McNamara, Lima and Kilmartin.

Read and passed, 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, Crowley, Dennigan, Enos, Faria, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Harwood, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Slater, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS - 0.

TRANSMITTAL


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.

ANNOUNCEMENTS


Representative Carter congratulates Representative Naughton on the birth of her grandson, Brian Allen Barrington.

Also:

Representative Giannini announces that the Committee on Health, Education and Welfare will meet today at the rise of the House in Room 135 of the State House.

Also:

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

ADJOURNMENT


At 4:34 o'clock P.M. on motion of Representative Aubin, and as a further mark of respect to the memory of Michael Makowski and John McGrane; on motion of Representative Giannini, and as a further mark of respect to the memory of Mary Calise; seconded by Representatives Fox and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION

REPRESENTATIVE ELAINE A. CODERRE


Dear God, we are grateful for the privilege of serving in this House of Representatives. Keep us ever mindful that we are here to serve those who elected us and all of the people of Rhode Island. Amen.

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
Thursday, January 30, 2003



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