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.
Volume130, No.21
Thursday, February 27, 2003
Twenty-first Day
The House of Representatives meets at the State House in Providence, Thursday, February 27, 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:
The Honorable Speaker presents Representative Mumford, 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 26, 2003, is approved as printed.
COMMUNICATION
The Honorable Speaker announces the receipt of the following communication:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
HOUSE OF REPRESENTATIVES
February 27, 2003
The Honorable William J. Murphy
Speaker of the House of Representatives
323 State House
Providence, RI 02903
Dear Speaker Murphy:
I will be out of the state next week and therefore unable to attend the General Assembly sessions on March 4, 5 and 6.
Sincerely,
JOSEPH SCOTT
Representative, District 39
Received and ordered to be placed on file.
ANNOUNCEMENT
Representative Peter T. Ginaitt will be unable to attend session today.
GUEST
At 4:30 o'clock P.M. the Honorable Speaker yields the rostrum to Representative Shavers.
By unanimous consent, Representative Shavers addresses the members of the House and welcomes to the House former Senator J. Clement Cicilline.
By unanimous consent, former Senator Cicilline addresses the members of the House in recognition of Black History Month in Rhode Island.
At 4:52 o'clock P.M. the Honorable Speaker returns to the rostrum.
NEW BUSINESS
Representatives Naughton, Giannini, Crowley, Malik and Lewiss introduce (03-H 6130) An Act creating a permanent Narragansett Bay and associated Watershed Commission.
Read and referred to the Committee on Finance.
Representative Moura introduces (03-H 6131) An Act relating to public officers and employees.
Read and referred to the Committee on Finance.
Representatives Shavers, Crowley and Callahan introduce (03-H 6132) An Act relating to video lottery terminals.
Read and referred to the Committee on Finance.
Representatives Watson, Long, Moffitt and Mumford introduce (by request of the Governor) (03-H 6133) An Act relating to public officers and employees - retirement system - contributions and benefits.
Read and referred to the Committee on Finance.
Representatives Moffitt and Long introduce (by request of the Department of Environmental Management) (03-H 6134) An Act relating to taxation.
Read and referred to the Committee on Finance.
Representatives Moura, Montanaro, Smith, DeSimone and Petrarca introduce (03-H 6135) An Act relating to health and safety - places of assembly.
Read and referred to the Committee on Health, Education and Welfare.
Representatives Gallison, Anguilla, Enos, Lewiss and Amaral introduce (03-H 6136) An Act relating to health and safety - Lyme disease diagnosis and treatment.
Read and referred to the Committee on Health, Education and Welfare.
Representatives Long, McManus and Amaral introduce (by request of the Department of Administration) (03-H 6137) An Act relating to motor and other vehicles - Rhode Island uniform commercial driver's license act.
Read and referred to the Committee on Corporations.
Representatives Long, Amaral, Savage, McManus and Story introduce (03-H 6138) An Act relating to public utilities and carriers.
Read and referred to the Committee on Corporations.
Representatives Flaherty, Anguilla and Schadone introduce (03-H 6139) An Act relating to insurance - small employer health insurance availability act.
Read and referred to the Committee on Corporations.
Representatives Scott and Moffitt introduce (03-H 6140) An Act relating to renaming Route 2, Exeter.
Read and referred to the Committee on Corporations.
Representatives Landroche, Ginaitt, Williamson, Menard and Laroche introduce (03-H 6141) An Act relating to health and safety - fire safety code.
Read and referred to the Committee on Corporations.
Representatives Mumford and Long introduce (by request of the Department of Administration) (03-H 6142) An Act relating to motor and other vehicles - nontransparent windshields and windows.
Read and referred to the Committee on Corporations.
Representatives Shavers, Benson, Fox, Tejada and Almeida introduce (03-H 6143) House Resolution proclaiming the month of February as "Black History Month" in Rhode Island.
Representative Shavers requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Shavers, seconded by Representatives Benson, Moura, Williams, Picard, Handy, Dennigan and Reilly, and by unanimous consent, on a voice vote.
Representative Dennigan introduces (03-H 6144) House Resolution honoring Janet Breckenridge for her dedicated service to the Social Security Administration.
Representative Dennigan requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Dennigan, seconded by Representatives Menard, Coogan and Savage, and by unanimous consent, on a voice vote.
NOTICES OF BILL/RESOLUTION
INTRODUCTION
Representative Almeida gives notice that on the next legislative day he will introduce a measure concerning an extension for an expiration date for a study commission of the DOC that passed last year (for immediate consideration).
This notice is given in compliance with House Rule 42.
JOSEPH S. ALMEIDA
Representative, District 12
Received and ordered to be placed on file.
Representative Coogan gives notice that on the next legislative day he will introduce a measure concerning R.I. public transit authority and the challenges facing public transportation in the state of R.I.
This notice is given in compliance with House Rule 42.
BRIAN G. COOGAN
Representative, District 64
Received and ordered to be placed on file.
Representative Fox gives notice that on the next legislative day he will introduce a measure concerning business corporations.
This notice is given in compliance with House Rule 42.
GORDON FOX
Representative, District 4
Received and ordered to be placed on file.
Representative Fox gives notice that on the next legislative day he will introduce a measure concerning jobs development act.
This notice is given in compliance with House Rule 42.
GORDON FOX
Representative, District 4
Received and ordered to be placed on file.
Representative Fox gives notice that on the next legislative day he will introduce a measure concerning taxation - business corporation tax.
This notice is given in compliance with House Rule 42.
GORDON FOX
Representative, District 4
Received and ordered to be placed on file.
Representative Fox gives notice that on the next legislative day he will introduce a measure concerning sports, racing and athletics.
This notice is given in compliance with House Rule 42.
GORDON FOX
Representative, District 4
Received and ordered to be placed on file.
Representative Fox gives notice that on the next legislative day he will introduce a measure concerning education.
This notice is given in compliance with House Rule 42.
GORDON FOX
Representative, District 4
Received and ordered to be placed on file.
Representative Menard gives notice that on the next legislative day he will introduce a measure concerning motor vehicles - operators and chauffeurs licenses.
This notice is given in compliance with House Rule 42.
RENE R. MENARD
Representative, District 45
Received and ordered to be placed on file.
Representative Menard gives notice that on the next legislative day he will introduce a measure concerning alcoholic beverages - retail licenses.
This notice is given in compliance with House Rule 42.
RENE R. MENARD
Representative, District 45
Received and ordered to be placed on file.
Representative Moura gives notice that on the next legislative day he will introduce a measure concerning Department of Elementary and Secondary Education.
This notice is given in compliance with House Rule 42.
PAUL E. MOURA
Representative, District 2
Received and ordered to be placed on file.
Representative Naughton gives notice that on the next legislative day she will introduce a measure concerning URI.
This notice is given in compliance with House Rule 42.
EILEEN S. NAUGHTON
Representative, District 21
Received and ordered to be placed on file.
Representative Winfield gives notice that on the next legislative day he will introduce a measure concerning town of Smithfield and taxes.
This notice is given in compliance with House Rule 42.
THOMAS J. WINFIELD
Representative, District 53
Received and ordered to be placed on file.
CALENDAR
From the Calendar are taken:
1. (03-H6128) Joint Resolution creating a special legislative commission to study all aspects of law and regulation concerning pyrotechnic displays and fire safety.
Ordered on the Calendar.
Representative Fox moves passage of the resolution, seconded by Representatives Williamson, Lima, Giannini, Sherlock, Naughton, Menard, Crowley, Gallison, McHugh, Picard, Dennigan, Coogan, Malik, Trillo, Savage, Long, Williams, Montanaro, Enos, Laroche, Kilmartin, McManus, Anderson, Jacquard and Benson.
By unanimous consent, Representative Fox, seconded by Representatives Williamson, Menard, Lima, Giannini and Naughton, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(03-H 6128)
Mr. Speaker:
I hereby move to amend (03-H 6128) entitled "JOINT RESOLUTION CREATING A SPECIAL LEGISLATIVE COMMISSION TO STUDY ALL ASPECTS OF LAW AND REGULATION CONCERNING PYROTECHNIC DISPLAYS AND FIRE SAFETY" as follows:
(1) On page 1, line 17, by deleting the words "night club" and inserting in place thereof the word "nightclub".
(2) On page 2, line 3, by deleting the word "hike" and inserting in place thereof the word "like".
Respectfully submitted,
GORDON FOX
Representative, District 4
The motion to amend is read and prevails on a roll call vote, 59 members voting in the affirmative and 0 members voting in the negative as follows:
Representative Sherlock requests the journal to reflect that if he had voted on (03-H 6128), he would have voted in the affirmative.
There is no objection.
TRANSMITTAL
By unanimous consent, (03-H 6128 as amended) on the Clerk's desk is ordered to be transmitted to the Honorable Senate forthwith.
CALENDAR
2. (03-H6129) House Resolution respectfully requesting that the U.S. Chemical Safety and Hazard Investigation Board prepare a report of its findings regarding the chemical explosion at Technic, Inc. in Cranston.
Ordered on the Calendar.
Representative Handy moves passage of the resolution, seconded by Representatives Lima, Benson, Aubin, Gallison, Rose and Williams.
Representative Lima discusses the resolution.
Read and passed, by unanimous consent, on a voice vote.
Representative Shavers requests the journal to reflect that if she had voted on (03-H 6129), she would have voted in the affirmative.
There is no objection.
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.
COMMUNICATION FROM THE SENATE
A message from the Honorable Senate transmits with announcement of passage, of the following measure:
(03-S 690 as amended) Joint Resolution creating a special legislative commission to study all aspects of law and regulation concerning pyrotechnic displays and fire safety.
Representative Fox requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, as amended, in concurrence, on motion of Representative Fox, seconded by Representative Williamson, and by unanimous consent, on a voice vote.
TRANSMITTAL
By unanimous consent, all matters on the Clerk's desk are ordered to be transmitted to His Excellency, the Governor, to the Honorable Senate, and the Honorable Secretary of State forthwith.
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 Lima announces that the Legislative Priority forms must be returned to Bill Guglietta no later than Wednesday, March 5, 2003.
ADJOURNMENT
At 5:02 o'clock P.M. on motion of Representative Slater, and as a further mark of respect to the memory of James Francis Gooden, Jr.; on motion of Representative Williamson, and as a further mark of respect to the memory of Thomas Medeiros; on motion of Representative Handy, and as a further mark of respect to the memory of Keith Mancini; on motion of Representative Benson, and as a further mark of respect to the memory of Stephen M. Libera; on motion of Representative Petrarca, and as a further mark of respect to the memory of Marie Rampone, Billy Bonardi and Louis Alves; on motion of Representative Sherlock, and as a further mark of respect to the memory of Kevin Anderson; seconded by Representatives Fox and Watson, the House adjourns, on a unanimous rising vote.
LINDA McELROY Recording Clerk
Appendix
INVOCATION
REPRESENTATIVE CAROL A. MUMFORD
"The quality of mercy is not strained, it droppeth as the gentle rain from heaven upon the place beneath. It is twice blest; it blesses him that gives and him that takes."
Merchant of Venice (IV, i, 183)
Lord, in your mercy, bless those victims of last week's fire, both deceased and survivors; bless those who grieve and in your mercy bless our men and women in the military who may be in harm's way. Amen.
Appendix
TRANSMITTED TO THE GOVERNOR
(03-S 690 as amended) Joint Resolution creating a special legislative commission to study all aspects of law and regulation concerning pyrotechnic displays and fire safety.
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