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. 14 Wednesday, February 5, 2003 Fourteenth Day


The House of Representatives meets at the State House in Providence, Wednesday, February 5, 2003, and is called to order at 4:18 o'clock P.M., by the Honorable William J. Murphy, Speaker.

The roll is called and a quorum is declared present with 68 members present and 7 members absent as follows:

PRESENT - 68: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anderson, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Faria, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Harwood, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Palumbo, Picard, Reilly, Rose, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Slater, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

ABSENT - 7: Representatives Almeida, Ginaitt, Lowe, Petrarca, San Bento, Smith, Voccola.

INVOCATION


The Honorable Speaker presents Representative Reilly, 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, February 4, 2003, is approved as printed.

CORRECTION


By unanimous consent, the House Journal of Wednesday, January 29, 2003, is hereby corrected on page 2, column 1, line 28, by deleting "Health, Education and Welfare" and inserting "Judiciary".


COMMUNICATION FROM THE SENATE


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

(03-S 112) An Act relating to taxation - town of Jamestown.

Read and referred to the Committee on Corporations.

(03-S 109) An Act relating to taxation - property tax exemption.

Read and referred to the Committee on Corporations.

(03-S 111) 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.

REPORTS OF COMMITTEES


COMMITTEE ON CORPORATIONS


Representative Kennedy, for the Committee on Corporations, reports back the following measures, with recommendation of passage:

(03-H 5029) An Act relating to taxation - property tax exemption.

Received and ordered to be placed on the Consent Calendar.

(03-H 5064) An Act relating to validating and ratifying certain amendments to the Home Rule Charter of the City of Newport.

Received and ordered to be placed on the Consent Calendar.

(03-H 5092) An Act to vacate the forfeiture or revocation of the charter of Willow Glen Condominiums Association, Inc.

Received and ordered to be placed on the Consent Calendar.

(03-H 5016) An Act relating to the town of Scituate - juvenile hearing board.

Received and ordered to be placed on the Consent Calendar.

(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.

Received and ordered to be placed on the Consent Calendar.

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

Received and ordered to be placed on the Consent Calendar.

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

Received and ordered to be placed on the Consent Calendar.

(03-S 4) An Act reinstating and restoring forfeited or revoked corporate charters.

Received and ordered to be placed on the Consent Calendar.

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

Received and ordered to be placed on the Consent Calendar.

(03-H 5027) An Act relating to property subject to taxation.

Received and ordered to be placed on the Calendar.

NEW BUSINESS


Representatives Moura and Kilmartin introduce (03-H 5397) An Act relating to alcoholic beverages - retail licenses.

Read and referred to the Committee on Corporations.

Representatives Sherlock, Ginaitt, Naughton, Flaherty and McNamara introduce (03-H 5398) An Act relating to abandoned motor vehicles.

Read and referred to the Committee on Corporations.

Representatives Montanaro, Handy and Moura introduce (03-H 5399) An Act relating to towns and cities - retirement of municipal employees.

Read and referred to the Committee on Corporations.

Representatives Montanaro, Anderson and Moura introduce (03-H 5400) An Act relating to towns and cities - optional retirement for members of police force and fire fighters.

Read and referred to the Committee on Corporations.

Representatives Shanley, McHugh and Lally introduce (03-H 5401) An Act relating to aptitude and psychological test for law enforcement candidates.

Read and referred to the Committee on Corporations.

Representatives Moffitt, Anderson and Trillo introduce (03-H 5402) An Act relating to state affairs and government - Small Business Advocacy Council.

Read and referred to the Committee on Corporations.

Representative Carter introduces (03-H 5403) An Act relating to public utilities and carriers - regulatory powers of administration.

Read and referred to the Committee on Corporations.

Representative Carter introduces (03-H 5404) An Act relating to public utilities.

Read and referred to the Committee on Corporations.

Representatives Kilmartin and Landroche introduce (03-H 5405) An Act relating to health and safety - notice of manufacturer recall.

Read and referred to the Committee on Corporations.

Representative Kilmartin introduces (03-H 5406) An Act relating to insurance.

Read and referred to the Committee on Corporations.

Representative Petrarca introduces (03-H 5407) An Act relating to Rhode Island Public Transit Authority - privatization of services.

Read and referred to the Committee on Corporations.

Representatives Giannini, Gallison, Petrarca, Coderre and Slater introduce (03-H 5408) An Act relating to commercial law - unfair sales practices.

Read and referred to the Committee on Corporations.

Representatives Enos, Laroche, McManus, Lally and Shanley introduce (03-H 5409) An Act relating to banking law - dishonored checks.

Read and referred to the Committee on Corporations.

Representatives Picard, Brien and Laroche introduce (03-H 5410) An Act relating to taxation - personal income tax.

Read and referred to the Committee on Finance.

Representatives Anguilla, Malik, Gallison, Rose and Carter introduce (03-H 5411) An Act relating to taxation.

Read and referred to the Committee on Finance.

Representatives Anguilla, Gallison, Rose, Petrarca and Carter introduce (03-H 5412) An Act relating to state aid.

Read and referred to the Committee on Finance.

Representatives Malik, Anguilla, Carter, Faria and Gallison introduce (by request of the Lieutenant Governor) (03-H 5413) An Act relating to taxation - tax credits.

Read and referred to the Committee on Finance.

Representatives Costantino, Slater, Malik, Mumford and Moffitt introduce (03-H 5414) An Act relating to taxation - worksite wellness.

Read and referred to the Committee on Finance.

Representatives Costantino, Anguilla, Slater, Malik and Mumford introduce (03-H 5415) An Act relating to state affairs and government - pharmaceutical purchasing.

Read and referred to the Committee on Finance.

Representatives Giannini, Petrarca, Gallison, Anguilla and Aubin introduce (03-H 5416) An Act relating to health - cancer treatment fund.

Read and referred to the Committee on Finance.

Representatives Giannini, Petrarca, Gallison, Aubin and Coderre introduce (03-H 5417) An Act relating to health and safety - cancer patients - transportation services.

Read and referred to the Committee on Finance.

Representatives Giannini, Petrarca, Coderre, Slater and DeSimone introduce (03-H 5418) An Act relating to human services - establishing a special fund for care of severely disabled residents who need skilled nursing.

Read and referred to the Committee on Finance.

Representatives Petrarca, Winfield and Giannini introduce (03-H 5419) An Act relating to children with disabilities.

Read and referred to the Committee on Finance.

Representatives Kilmartin, Coderre, Dennigan, Faria and Brien introduce (03-H 5420) Joint Resolution making an appropriation of $250,000 for the Pawtucket Visitor Center.

Read and referred to the Committee on Finance.

Representatives Menard, Gallison, McCauley, Schadone and Winfield introduce (03-H 5421) An Act relating to labor and labor relations - mediation.

Read and referred to the Committee on Finance.

Representatives Kilmartin, Montanaro and Landroche introduce (03-H 5422) An Act relating to taxation - personal income tax.

Read and referred to the Committee on Finance.

Representatives Carter, Malik, Anguilla, Gallison and Shanley introduce (03-H 5423) An Act relating to education - the Rhode Island Public/Private Partnership Act.

Read and referred to the Committee on Finance.

Representatives Naughton, Kilmartin, Lowe, Ginaitt and Carter introduce (03-H 5424) An Act relating to taxation - sales and use taxes - liability and computation.

Read and referred to the Committee on Finance.

Representatives Naughton, Kilmartin, Lowe, Carter and Ginaitt introduce (03-H 5425) An Act relating to state affairs and government - the Rhode Island Carbon Fuel Reduction and Air Pollution Control Act.

Read and referred to the Committee on Finance.

Representatives Giannini, Faria, Crowley, Rose and Malik introduce (03-H 5426) An Act relating to taxation.

Read and referred to the Committee on Finance.

Representatives Landroche, Laroche, Menard and Ginaitt introduce (03-H 5427) An Act relating to public officers and employees - retirement system - administration.

Read and referred to the Committee on Finance.

Representatives Ginaitt, Shavers, Handy, Gallison and Costantino introduce (03-H 5428) An Act relating to health and safety.

Read and referred to the Committee on Finance.

Representatives Ginaitt, Handy, Gallison, Long and Costantino introduce (03-H 5429) An Act relating to motor and other vehicles.

Read and referred to the Committee on Finance.

Representatives Lewiss, San Bento, Anguilla, Carter and Shanley introduce (03-H 5430) An Act relating to taxation - adult and child day care assistance and development tax credit.

Read and referred to the Committee on Finance.

Representatives Ginaitt, Shavers, Costantino and Corvese introduce (03-H 5431) An Act relating to medical assistance.

Read and referred to the Committee on Finance.

Representative Kilmartin introduces (03-H 5432) An Act relating to perjury and false swearing.

Read and referred to the Committee on Judiciary.

Representative Petrarca introduces (03-H 5433) An Act relating to the Rhode Island Justice Commission.

Read and referred to the Committee on Judiciary.

Representatives Gallison, Anguilla, Carter, Malik and Enos introduce (03-H 5434) An Act relating to Rhode Island Veterans' Home.

Read and referred to the Committee on Judiciary.

Representatives Ajello, Williams, Giannini, Almeida and Handy introduce (03-H 5435) An Act relating to complaints of harassment.

Read and referred to the Committee on Judiciary.

Representatives Scott, Slater, Trillo, Moffitt and Amaral introduce (03-H 5436) An Act relating to indictments, informations and complaints.

Read and referred to the Committee on Judiciary.

Representative Lewiss introduces (03-H 5437) An Act relating to property - recording of instruments.

Read and referred to the Committee on Judiciary.

Representatives Lewiss, Anguilla, San Bento, Carter and Shanley introduce (03-H 5438) An Act relating to courts and civil procedure - procedure generally - levy and sale on execution.

Read and referred to the Committee on Judiciary.

Representatives Lewiss, Anguilla, Gallison, Lally and Scott introduce (03-H 5439) An Act relating to property.

Read and referred to the Committee on Judiciary.

Representatives Lewiss, Fox, Lally, Anguilla and Scott introduce (03-H 5440) An Act relating to probate practice and procedure - limited guardianship and guardianship of adults.

Read and referred to the Committee on Judiciary.

Representatives Flaherty, Kilmartin, Menard and Moran introduce (03-H 5441) An Act relating to state affairs and government - Law Enforcement Bill of Rights.

Read and referred to the Committee on Judiciary.

Representatives Flaherty, Kilmartin, Menard and Moran introduce (03-H 5442) An Act relating to state affairs and government - Corrections Department.

Read and referred to the Committee on Judiciary.

Representative Corvese introduces (03-H 5443) An Act relating to property - Residential Landlord and Tenant Act.

Read and referred to the Committee on Judiciary.

Representative Corvese introduces (03-H 5444) An Act relating to property - Residential Landlord and Tenant Act.

Read and referred to the Committee on Judiciary.

Representative Corvese introduces (03-H 5445) An Act relating to property - Residential Landlord and Tenant Act.

Read and referred to the Committee on Judiciary.

Representative Corvese introduces (03-H 5446) An Act relating to property - Residential Landlord and Tenant Act.

Read and referred to the Committee on Judiciary.

Representative Corvese introduces (03-H 5447) An Act relating to Landlord Tenant Act - security deposit.

Read and referred to the Committee on Judiciary.

Representative Corvese introduces (03-H 5448) An Act relating to property - Residential Landlord and Tenant Act.

Read and referred to the Committee on Judiciary.

Representative Corvese introduces (03-H 5449) An Act relating to property - Residential Landlord and Tenant Act.

Read and referred to the Committee on Judiciary.

Representative Corvese introduces (03-H 5450) An Act relating to abortion.

Read and referred to the Committee on Judiciary.

Representatives Ginaitt, Shavers, Handy and Gallison introduce (03-H 5451) An Act relating to motor and other vehicles.

Read and referred to the Committee on Judiciary.

Representatives Ginaitt, Handy, Gallison, Long and Costantino introduce (by request of the Attorney General) (03-H 5452) An Act relating to motor vehicle offenses.

Read and referred to the Committee on Judiciary.

Representatives Flaherty, Kilmartin, Menard and Moran introduce (03-H 5453) An Act relating to Corrections Department.

Read and referred to the Committee on Judiciary.

Representatives Flaherty, Fox, Gallison and Schadone introduce (03-H 5454) An Act relating to courts and civil procedure - District Court.

Read and referred to the Committee on Judiciary.

Representatives Petrarca, Moura and Faria introduce (03-H 5455) An Act relating to criminal procedure - domestic violence prevention act.

Read and referred to the Committee on Judiciary.

Representatives Ajello, Callahan, McHugh, Handy and Moura introduce (03-H 5456) An Act relating to health and safety - informed consent for abortion.

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

Representative Anderson introduces (03-H 5457) An Act relating to education - school committees and superintendents.

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

Representative Anderson introduces (03-H 5458) An Act relating to education - cooperative service among school districts.

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

Representatives Menard, Gallison, McCauley, Schadone and Winfield introduce (03-H 5459) An Act relating to education - the Rhode Island Student Investment Initiative.

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

Representatives Giannini, Gallison, Petrarca, Slater and DeSimone introduce (03-H 5460) An Act relating to education - health and safety of pupils.

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

Representatives Lewiss, Coderre, Ginaitt, Giannini and Dennigan introduce (03-H 5461) An Act relating to businesses and professions - Confidentiality of Health Care Communications and Information Act.

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

Representatives Ginaitt, Shavers and Gallison introduce (03-H 5462) An Act relating to businesses and professions - physician assistants.

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

Representatives Williams, Ajello, Moura, Slater and Faria introduce (03-H 5463) An Act relating to labor and labor relations - transportation of workers.

Read and referred to the Committee on Labor.

Representatives Montanaro, Anderson and Moura introduce (03-H 5464) An Act relating to firefighters' arbitration.

Read and referred to the Committee on Labor.

Representatives Menard, Gallison, McCauley, Schadone and Winfield introduce (03-H 5465) An Act relating to miscellaneous rules.

Read and referred to the Committee on Labor.

Representatives Ginaitt, Shavers, Handy, Gallison and Corvese introduce (03-H 5466) An Act relating to state affairs and government - Department of Environmental Management - elimination of MTBE as a gasoline additive.

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

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

Also:

Representative Sherlock announces that the Gaming Commission will meet today at 5:00 o'clock P.M. in Room 35 of the State House.

ADJOURNMENT


At 4:30 o'clock P.M. on motion of Representative Corvese, and as a further mark of respect to the memory of Timothy DiPaola; on motion of Representative Landroche, and as a further mark of respect to the memory of Leslie Marcotte; on motion of Representative Brien, and as a further mark of respect to the memory of Irene Gregoire; seconded by Representatives Fox and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION

REPRESENTATIVE DONALD O. REILLY, 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



CONSENT CALENDAR


In order for Wednesday, February 12, 2003:

1. (03-H5029) An Act relating to taxation - property tax exemption.

Committee on Corporations recommends passage.

2. (03-H5064) An Act relating to validating and ratifying certain amendments to the Home Rule Charter of the City of Newport.

Committee on Corporations recommends passage.

3. (03-H5092) An Act to vacate the forfeiture or revocation of the charter of Willow Glen Condominiums Association, Inc.

Committee on Corporations recommends passage.

4. (03-H5016) An Act relating to the town of Scituate - juvenile hearing board.

Committee on Corporations recommends passage.

5. (03-H5118) 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.

Committee on Corporations recommends passage.

6. (03-H5119) An Act relating to taxation - town of Jamestown.

Committee on Corporations recommends passage.

7. (03-H5191) An Act relating to property subject to taxation.

Committee on Corporations recommends passage.

8. (03-S4) An Act reinstating and restoring forfeited or revoked corporate charters.

Committee on Corporations recommends passage in concurrence.

9. (03-S36) An Act to vacate the forfeiture or revocation of the charter of Izzo Bros. Farms, Inc.

Committee on Corporations recommends passage in concurrence.

LOUIS D'ANTUONO
Clerk of the House
Wednesday, February 5, 2003

Appendix



CALENDAR


In order for Wednesday, February 12, 2003:

1. (03-H5027) An Act relating to property subject to taxation.

Committee on Corporations recommends passage.

LOUIS D'ANTUONO
Clerk of the House
Wednesday, February 5, 2003



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