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.15
Thursday, February 6, 2003
Fifteenth Day
The House of Representatives meets at the State House in Providence, Thursday, February 6, 2003, and is called to order at 4:23 o'clock P.M., by the Honorable William J. Murphy, Speaker.
The roll is called and a quorum is declared present with 70 members present and 5 members absent as follows:
ABSENT - 5: Representatives Crowley, Lowe, Palumbo, Petrarca, San Bento.
INVOCATION
The Honorable Speaker presents Representative Savage, 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, February 5, 2003, is approved as printed.
ANNOUNCEMENT
Representative Peter G. Palumbo will not attend session today. He is not feeling well.
GUESTS
Representative McHugh welcomes to the House Chambers intern Michael S. McManus.
Also:
Representative Winfield welcomes to the House Chambers as a guest Rhode Island Girl Scout Troop 805 from Glocester.
COMMUNICATION FROM THE SENATE
A message from the Honorable Senate transmits with announcement of passage, of the following measure:
(03-S 284) An Act to vacate the forfeiture or revocation of the charter of 1565 Associates, Inc.
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 Schadone and Kilmartin, on a roll call vote, 60 members voting in the affirmative and 0 members voting in the negative as follows:
Representative Giannini, for the Committee on Health, Education and Welfare, reports back the following measure, with recommendation of transfer to the Committee on Finance:
(03-H 5246) An Act relating to Human Services - long term home health care.
Received and referred to the Committee on Finance.
Representative Kennedy, for the Committee on Corporations, reports back the following measures, with recommendation of transfer to the Committee on Finance:
(03-H 5213) An Act relating to towns and cities - relief of injured and deceased firefighters and police officers.
Received and referred to the Committee on Finance.
(03-H 5031) An Act relating to lost or missing children.
Received and referred to the Committee on Finance.
(03-H 5117) An Act relating to businesses and professions.
Received and referred to the Committee on Finance.
(03-H 5127) An Act relating to cities and towns - indebtedness.
Received and referred to the Committee on Finance.
(03-H 5152) An Act relating to businesses and professions - funeral directors and embalmers.
Received and referred to the Committee on Finance.
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 5218) An Act relating to health insurance coverage.
Received and referred to the Committee on Health, Education and Welfare.
Representative Kennedy, for the Committee on Corporations, reports back the following measures, with recommendation of transfer to the Committee on Labor:
(03-H 5214) An Act relating to towns and cities - optional retirement for police and firefighters.
Received and referred to the Committee on Labor.
(03-H 5093) An Act relating to health and safety - safety and health programs for fire departments.
Received and referred to the Committee on Labor.
REPORT OF COMMITTEE
COMMITTEE ON CORPORATIONS
Representative Kennedy, for the Committee on Corporations, reports back the following measure, with recommendation of passage:
(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.
Representative Scott requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Scott, seconded by Representatives Benson, Shanley, Moffitt, Mumford and Carter, on a roll call vote, 60 members voting in the affirmative and 0 members voting in the negative as follows:
Representatives Gallison and Anguilla introduce (03-H 5467) An Act relating to taxation - levy and assessment of local taxes - Bristol.
Read and referred to the Committee on Corporations.
Representatives Gallison and Anguilla introduce (03-H 5468) An Act relating to probate - town of Bristol.
Read and referred to the Committee on Corporations.
Representatives Jacquard, Schadone and Palumbo introduce (03-H 5469) An Act relating to commercial law - deceptive trade practices.
Read and referred to the Committee on Corporations.
Representatives Lima, Cerra and Williams introduce (03-H 5470) An Act relating to insurance.
Read and referred to the Committee on Corporations.
Representatives Lima, Williams and Cerra introduce (03-H 5471) An Act relating to insurance - HMOs.
Read and referred to the Committee on Corporations.
Representatives Lima and Williams introduce (03-H 5472) An Act relating to responsibility of owners of rental vehicles.
Read and referred to the Committee on Corporations.
Representatives Lima, Williams, Coderre and Kilmartin introduce (03-H 5473) An Act relating to truth in lending and retail selling.
Read and referred to the Committee on Corporations.
Representatives Lima, Ajello, Coderre, Palumbo and Cerra introduce (03-H 5474) An Act relating to unfair sales practices.
Read and referred to the Committee on Corporations.
Representatives Lima, Cerra and Williams introduce (03-H 5475) An Act relating to cities and towns - unfunded pension liability.
Read and referred to the Committee on Corporations.
Representative Picard introduces (03-H 5476) An Act relating to insurance - federal riot reinsurance reimbursement fund.
Read and referred to the Committee on Corporations.
Representatives Giannini, Petrarca, Slater, DeSimone and McCauley introduce (03-H 5477) An Act relating to nonprofit organizations.
Read and referred to the Committee on Corporations.
Representatives Anguilla, Dennigan, Kennedy, Flaherty and Moura introduce (03-H 5478) An Act relating to businesses and professions - pharmacies.
Read and referred to the Committee on Corporations.
Representatives Lewiss, Gallison, Anguilla and Lally introduce (03-H 5479) An Act relating to property - mortgage foreclosures.
Read and referred to the Committee on Corporations.
Representatives Cerra, Voccola, Schadone, Petrarca and Handy introduce (03-H 5480) An Act relating to taxation - levy and assessment of local taxes.
Read and referred to the Committee on Corporations.
Representatives Crowley and Shavers introduce (03-H 5481) An Act relating to cities and towns - regulation of newspaper and magazine vending machines - public sidewalks.
Read and referred to the Committee on Corporations.
Representative Crowley introduces (03-H 5482) An Act relating to state affairs and government - lobbying of state employees.
Read and referred to the Committee on Finance.
Representatives Malik, Brien, Faria, Gallison and Anguilla introduce (03-H 5483) An Act relating to motor and other vehicles - registration of vehicles.
Read and referred to the Committee on Finance.
Representatives Trillo, Moffitt, Scott, Winfield and Menard introduce (03-H 5484) An Act relating to elections - campaign contributions - expenditures reporting.
Read and referred to the Committee on Finance.
Representatives Anguilla, Carter, Lewiss, Malik and Rose introduce (03-H 5485) An Act relating to taxation - business corporation tax.
Read and referred to the Committee on Finance.
Representatives Moffitt, Trillo and Anderson introduce (03-H 5486) An Act relating to taxation.
Read and referred to the Committee on Finance.
Representatives Cerra, Corvese, Schadone, Petrarca and Tejada introduce (03-H 5487) An Act relating to registration of vehicles.
Read and referred to the Committee on Finance.
Representatives Carter, Shanley, McHugh, Benson and Gallison introduce (03-H 5488) An Act relating to education - the Rhode Island Public/ Private Partnership Act.
Read and referred to the Committee on Finance.
Representatives Carter, Shanley, McHugh, Benson and Caprio introduce (03-H 5489) An Act relating to Division of Motor Vehicles.
Read and referred to the Committee on Finance.
Representatives Moura, Palumbo, McCauley, Handy and Crowley introduce (03-H 5490) An Act relating to towns and cities - state aid.
Read and referred to the Committee on Finance.
Representatives Lima and Williams introduce (03-H 5491) An Act relating to Family Independence Act.
Read and referred to the Committee on Finance.
Representatives Giannini, Aubin, Gallison and Benson introduce (03-H 5492) An Act relating to public property and works - disability business enterprises.
Read and referred to the Committee on Finance.
Representatives Coderre, Slater, Williams, Handy and Faria introduce (03-H 5493) An Act relating to Human Services - Family Independence Act.
Read and referred to the Committee on Finance.
Representatives Lewiss, Gallison, Menard, Winfield and Dennigan introduce (03-H 5494) An Act relating to education - teachers' retirement.
Read and referred to the Committee on Finance.
Representatives Lima, Cerra, Williams, Kilmartin and Fox introduce (03-H 5495) House Resolution creating a special House commission to study election laws, as applies to write-in candidates.
Read and referred to the Committee on Finance.
Representatives Crowley, Shavers, Long, Moura and Callahan introduce (03-H 5496) An Act relating to tourism.
Read and referred to the Committee on Finance.
Representatives Jacquard, Palumbo and Moran introduce (03-H 5497) An Act relating to motor and other vehicles - equipment and accessories generally.
Read and referred to the Committee on Health, Education and Welfare.
Representatives Jacquard, Palumbo and Moran introduce (03-H 5498) An Act relating to health insurance coverage - mandated hearing aid coverage.
Read and referred to the Committee on Health, Education and Welfare.
Representatives Lima, Cerra and Williams introduce (03-H 5499) An Act relating to education - compulsory attendance.
Read and referred to the Committee on Health, Education and Welfare.
Representatives Lima, Cerra and Williams introduce (03-H 5500) An Act relating to smoking in public places.
Read and referred to the Committee on Health, Education and Welfare.
Representatives Lima, Cerra and Williams introduce (03-H 5501) An Act relating to health and safety - disabled parking.
Read and referred to the Committee on Health, Education and Welfare.
Representatives Lima and Williams introduce (03-H 5502) An Act relating to businesses and professions - veterinary practice.
Read and referred to the Committee on Health, Education and Welfare.
Representative Lima introduces (03-H 5503) An Act relating to motor and other vehicles - operators' and chauffeurs' licenses.
Read and referred to the Committee on Health, Education and Welfare.
Representatives Lima, Cerra and Williams introduce (03-H 5504) An Act relating to licensing and monitoring of child care providers.
Read and referred to the Committee on Health, Education and Welfare.
Representatives Giannini, Slater and Dennigan introduce (03-H 5505) An Act relating to businesses and professions.
Read and referred to the Committee on Health, Education and Welfare.
Representatives Lima, Williams and Anguilla introduce (03-H 5506) An Act relating to food and drugs - Rhode Island Food, Drugs and Cosmetics Act.
Read and referred to the Committee on Health, Education and Welfare.
Representatives Giannini, Slater, Shavers, Ginaitt and Coderre introduce (03-H 5507) An Act relating to health and safety - nursing working mothers.
Read and referred to the Committee on Health, Education and Welfare.
Representatives Lima, Williams and Anguilla introduce (03-H 5508) An Act relating to food and drugs - milk content.
Read and referred to the Committee on Health, Education and Welfare.
Representatives Lima and Williams introduce (03-H 5509) An Act relating to motor and other vehicles - miscellaneous rules.
Read and referred to the Committee on Health, Education and Welfare.
Representatives Giannini, Slater, McCauley, Picard and Handy introduce (03-H 5510) An Act relating to the Governor's Commission on Disabilities.
Read and referred to the Committee on Health, Education and Welfare.
Representatives Slater, Giannini, Reilly, Tejada and Dennigan introduce (03-H 5511) An Act relating to businesses and professions - Patient Safety Act.
Read and referred to the Committee on Health, Education and Welfare.
Representatives McNamara, Handy, Aubin, Dennigan and McHugh introduce (03-H 5512) An Act relating to health and safety - tobacco ingredients report.
Read and referred to the Committee on Health, Education and Welfare.
Representative Crowley introduces (03-H 5513) An Act relating to education - certification of teachers.
Read and referred to the Committee on Health, Education and Welfare.
Representatives Jacquard, Palumbo and Moran introduce (03-H 5514) An Act relating to food and drugs - Uniformed Controlled Substances Act.
Read and referred to the Committee on Judiciary.
Representatives Jacquard, Corvese, Palumbo and Moran introduce (03-H 5515) An Act relating to weapons.
Read and referred to the Committee on Judiciary.
Representatives Lally, Shanley, Caprio and Enos introduce (03-H 5516) An Act relating to criminal offenses - disorderly conduct.
Read and referred to the Committee on Judiciary.
Representatives Lima, Williams and Fox introduce (03-H 5517) An Act relating to criminal procedure - arrest.
Read and referred to the Committee on Judiciary.
Representatives Benson, Carter, Picard, Shavers and Palumbo introduce (03-H 5518) An Act relating to property - Rhode Island Fair Housing Practices Act.
Read and referred to the Committee on Judiciary.
Representatives Giannini, Gallison, Coderre, Slater and Malik introduce (03-H 5519) An Act relating to guardianship of minors.
Read and referred to the Committee on Judiciary.
Representatives Lima, Cerra and Williams introduce (03-H 5520) An Act relating to terrorism.
Read and referred to the Committee on Judiciary.
Representatives Shanley, Carter, McHugh, Rose and Caprio introduce (03-H 5521) An Act relating to 911 - Emergency Telephone Number Act.
Read and referred to the Committee on Judiciary.
Representatives McCauley, Almeida, Shanley, Schadone and Williams introduce (03-H 5522) An Act relating to property.
Read and referred to the Committee on Judiciary.
Representative Corvese introduces (03-H 5523) An Act relating to courts and civil procedure - eviction appeal bonds.
Read and referred to the Committee on Judiciary.
Representative Crowley introduces (03-H 5524) An Act relating to labor - arbitration of school teacher disputes.
Read and referred to the Committee on Labor.
Representative Faria introduces (03-H 5525) An Act relating to dog racing.
Read and referred to the Committee on Labor.
Representatives Flaherty, Menard and Gallison introduce (03-H 5526) An Act relating to labor and labor relations - correctional officers - arbitrators.
Read and referred to the Committee on Labor.
Representative Faria introduces (03-H 5527) An Act relating to education - Board of Regents for Elementary and Secondary Education.
Read and referred to the Committee on Labor.
Representative Winfield introduces (03-H 5528) An Act relating to business and professions - Sunday business.
Read and referred to the Committee on Labor.
Representative Winfield introduces (03-H 5529) An Act relating to businesses and professions - electricians.
Read and referred to the Committee on Labor.
Representative Winfield introduces (03-H 5530) An Act relating to labor and labor relations - minimum wages.
Read and referred to the Committee on Labor.
Representative Winfield introduces (03-H 5531) An Act relating to workers' compensation - procedure.
Read and referred to the Committee on Labor.
Representative Winfield introduces (03-H 5532) An Act relating to workers' compensation - procedure.
Read and referred to the Committee on Labor.
Representatives Moura, Long, Ajello, Palumbo and Naughton introduce (03-H 5533) An Act relating to public utilities and carriers - renewable energy standard.
Read and referred to the Joint Committee on Environment and Energy.
Representatives Landroche and Trillo introduce (03-H 5534) House Resolution respectfully requesting the State Traffic Commission to install a traffic control signal in the city of Warwick.
Read and referred to the Joint Committee on Highway Safety.
Representatives Lima, Williams and Kilmartin introduce (03-H 5535) House Resolution amending proposed rules of the House of Representatives for the years 2003-2004.
Read and referred to the Committee on Rules.
Representatives Lima and Cerra introduce (03-H 5536) House Resolution congratulating James R. Charest on attaining the rank of Eagle Scout.
Representative Lima requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Lima, seconded by Representatives Giannini, Fox, Menard and Jacquard, and by unanimous consent, on a voice vote.
Representatives Enos, Gallison, Callahan, Amaral and Williamson introduce (03-H 5537) An Act to vacate the forfeiture or revocation of the charter of Portsmouth Portuguese American Citizens Club.
Representative Enos requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Enos, seconded by Representatives Carter, Gallison, Rose, Callahan, Amaral, Williamson and Sherlock, on a roll call vote, 56 members voting in the affirmative and 0 members voting in the negative as follows:
Representative Montanaro requests the journal to reflect that if he had voted on (03-H 5537), he would have voted in the affirmative.
There is no objection.
Representatives Giannini, Handy, Montanaro, Moura and Gallison introduce (03-H 5538) House Resolution respectfully requesting the Rhode Island Director of the Department of Transportation to study the pedestrian crossway on Smith Street.
Representative Giannini requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Giannini, seconded by Representatives Cerra, Malik, Reilly, McNamara, Coderre, Moffitt, Montanaro, Moura, Fox, Lima, Mumford, Naughton, Shavers, Sherlock, Benson, Lewiss, Williamson and Landroche, and by unanimous consent, on a voice vote.
Representatives Lima, Giannini, Fox, McHugh and Benson introduce (03-H 5539) House Resolution recognizing February 3-7, 2003 as "National School Counseling Week" in the state of Rhode Island.
Representative Lima requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Lima, seconded by Representatives Giannini and Fox, and by unanimous consent, on a voice vote.
PERSONAL PRIVILEGE
By unanimous consent, Representative Almeida addresses the members of the House on a point of personal privilege in regard to a newspaper article.
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.
ANNOUNCEMENT
Representative Lima reminds everyone the last day for bill introduction is Tuesday, February 11, 2003.
ADJOURNMENT
At 4:55 o'clock P.M. on motion of Representative Slater, and as a further mark of respect to the memory of Mary McCormick and Robert J. Drohan, Sr.; on motion of Representative Lewiss, and as a further mark of respect to the memory of Thomas J. Liguori, Sr.; on motion of Representative Cerra, and as a further mark of respect to the memory of Edmund B. Pezzullo; on motion of Representative Benson, and as a further mark of respect to the memory of Charles E. Fogg and Arthur H. Reynolds; on motion of Representative Carter, and as a further mark of respect to the memory of William T. Hart; on motion of Representative DeSimone, and as a further mark of respect to the memory of Anthony Macari; seconded by Representatives Fox and Watson, the House adjourns, on a unanimous rising vote.
LINDA McELROY Recording Clerk
Appendix
INVOCATION
REPRESENTATIVE JOHN A. SAVAGE
Heavenly Father, look with favor on our deliberation and assist us by your grace to do what is just and wise. Amen.
Appendix
TRANSMITTED TO THE GOVERNOR
(03-S 284) An Act to vacate the forfeiture or revocation of the charter of 1565 Associates, Inc.
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
Thursday, February 6, 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
Thursday, February 6, 2003
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