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.24 Tuesday, March 11, 2003 Twenty-fourth Day


The House of Representatives meets at the State House in Providence, Tuesday, March 11, 2003, and is called to order at 4:11 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, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, DeSimone, Enos, Faria, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Harwood, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, Savage, Scott, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

ABSENT - 6: Representatives Carter, Dennigan, Jacquard, Reilly, San Bento, Schadone.

INVOCATION


The Honorable Speaker presents Representative McHugh, 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, March 5, 2003, is approved as printed.

ANNOUNCEMENT


Representative Schadone will be unable to attend session today, March 11, 2003, due to illness.

APPOINTMENTS


STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
HOUSE OF REPRESENTATIVES


March 10, 2003

To the Honorable, the Secretary of State:

I have the honor to inform you that pursuant to 2003-H-6128 as amended of the Rhode Island General Laws, I hereby appoint:

Representative Robert B. Lowe

to the Special Legislative Commission to Study all Aspects of Law and Regulation Concerning Pyrotechnic Displays and Fire Safety.

Sincerely,

WILLIAM J. MURPHY
Speaker

Received and ordered to be placed on file.

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
HOUSE OF REPRESENTATIVES


March 10, 2003

To the Honorable, the Secretary of State:

I have the honor to inform you that pursuant to 2003-H-6128 as amended of the Rhode Island General Laws, I hereby appoint:

Representative Peter T. Ginaitt as Co-Chair

to the Special Legislative Commission to Study all Aspects of Law and Regulation Concerning Pyrotechnic Displays and Fire Safety.

Sincerely,

WILLIAM J. MURPHY
Speaker

Received and ordered to be placed on file.

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
HOUSE OF REPRESENTATIVES


March 10, 2003

To the Honorable, the Secretary of State:

I have the honor to inform you that pursuant to 2003-H-6128 as amended of the Rhode Island General Laws, I hereby appoint:

Representative David E. Laroche

to the Special Legislative Commission to Study all Aspects of Law and Regulation Concerning Pyrotechnic Displays and Fire Safety.

Sincerely,

WILLIAM J. MURPHY Speaker

Received and ordered to be placed on file.


COMMUNICATION FROM THE SENATE


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

(03-S 920) An Act relating to elections - combination of districts.

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 Menard, Moffitt, Anderson, Laroche and Williamson, on a roll call vote, 54 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 54: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Anderson, Anguilla, Aubin, Brien, Callahan, Caprio, Cerra, Coderre, Corvese, Costantino, Crowley, Enos, Faria, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Landroche, Laroche, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Rose, Savage, Scott, Shanley, Shavers, Sherlock, Slater, Story, Trillo, Watson, Williams, Williamson, Winfield.

NAYS - 0.

(03-S 27) An Act relating to validating and ratifying certain amendments to the Home Rule Charter of the city of Newport.

Read and referred to the Committee on Corporations.

(03-S 69) An Act relating to food and drugs - controlled substances.

Read and referred to the Committee on Judiciary.

(03-S 237) An Act relating to towns and cities - zoning ordinances.

Read and referred to the Committee on Judiciary.

(03-S 296) An Act relating to solemnization of marriage.

Read and referred to the Committee on Judiciary.

PERSONAL PRIVILEGE



By unanimous consent, Representative Williamson addresses the members of the House on a point of personal privilege in regard to an article in the Providence Journal.
REPORT OF COMMITTTEE
TRANSFER OF BILLS


Representative Sherlock, for the Committee on Finance, reports back the following measures, with recommendation of transfer to the Committee on Corporations:

(03-H 5522) An Act relating to property.

Received and referred to the Committee on Corporations.

(03-H 5757) An Act relating to corporations, associations, and partnerships - Rhode Island Certified Capital Companies Act.

Received and referred to the Committee on Corporations.

(03-H 5760) An Act relating to education - establishment of regional school districts.

Received and referred to the Committee on Corporations.

NEW BUSINESS


Representatives Benson, Kennedy, Shanley, Lewiss and Caprio introduce (03-H 6169) House Resolution respectfully requesting the Governor of the state of Rhode Island to investigate measures to decrease medical malpractice insurance rates.

Read and referred to the Committee on Corporations.

Representatives Anguilla, Dennigan and Rose introduce (03-H 6170) An Act relating to insurance.

Read and referred to the Committee on Corporations.

Representative Laroche introduces (03-H 6171) An Act relating to alcoholic beverages.

Read and referred to the Committee on Corporations.

Representatives Slater, Williams, Ajello, Costantino and Lima introduce (03-H 6172) An Act relating to food and drugs - sanitation in food establishments.

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

Representatives Williams, Ajello, McCauley, Slater and Almeida introduce (03-H 6173) An Act relating to divorce and separation.

Read and referred to the Committee on Judiciary.

Representatives Watson, Callahan, Mumford, Moffitt and Trillo introduce (03-H 6174) An Act relating to making appropriations for the support of the state for the fiscal year ending June 30, 2004.

Read and referred to the Committee on Finance.

Representatives Mumford and Moffitt introduce (03-H 6175) An Act relating to taxation - town of Scituate.

Representative Mumford requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Mumford, seconded by Representatives Moffitt and Scott, on a roll call vote, 60 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 60: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anderson, Anguilla, Aubin, Brien, Callahan, Caprio, Cerra, Coderre, Corvese, Crowley, Enos, Faria, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, Savage, Scott, Shanley, Shavers, Sherlock, Slater, Story, Tejada, Trillo, Voccola, Watson, Williams, Williamson, Winfield.

NAYS - 0.

Representative Palumbo introduces (03-H 6176) House Resolution extending the reporting date of the special House commission to study the rapid depletion of finfish in Rhode Island coastal waters.

Representative Palumbo requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Palumbo, seconded by Representatives Naughton and Gallison, and by unanimous consent, on a voice vote.

Representatives Naughton, Giannini, Cerra, Shavers and Lima introduce (03-H 6177) House Resolution proclaiming March 9th-15th as Girl Scout Week in the state of Rhode Island.

Representative Naughton requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Naughton, seconded by Representatives Flaherty, Cerra, Shavers, Mumford, Coderre, Moffitt, Williamson and Menard, and by unanimous consent, on a voice vote.

Representatives Fox and Scott introduce (03-H 6178) House Resolution expressing condolences.

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 rising vote.

Representatives Lewiss, Kennedy and McHugh introduce (03-H 6179) An Act relating to incorporation of the Dunns Corners Fire District.

Representative Lewiss requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Lewiss, seconded by Representatives Kennedy, Shanley, Scott and Long, on a roll call vote, 58 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 58: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anderson, Anguilla, Aubin, Brien, Callahan, Caprio, Cerra, Corvese, Crowley, Enos, Faria, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, Savage, Scott, Shanley, Shavers, Sherlock, Slater, Story, Tejada, Trillo, Voccola, Watson, Williams, Williamson, Winfield.

NAYS - 0.


NOTICES OF BILL/RESOLUTION

INTRODUCTION


Representative Scott gives notice that on the next legislative day he will introduce a measure concerning vital records.

This notice is given in compliance with House Rule 42.

JOSEPH H. SCOTT
Representative, District 39

Received and ordered to be placed on file.

Representative Trillo gives notice that on the next legislative day he will introduce a measure concerning health insurance.

This notice is given in compliance with House Rule 42.

JOSEPH A. TRILLO
Representative, District 24

Received and ordered to be placed on file.

ANNOUNCEMENTS


Representative Shanley gives an update on Representative Carter's condition.

Also:

Representative Faria congratulates former Mayor of Central Falls Francis Garvey on his 80th birthday.

Also:

The Honorable Speaker Murphy and Representative Slater wish Representative Giannini a very happy birthday.

Also:

Representative Corvese announces that the Committee on Labor will meet today at the rise of the House in Room 201 of the State House.

Also:

Representative Flaherty announces that the Committee on Judiciary will meet today at the rise of the House in Room 205 of the State House.

Also:

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

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.

ADJOURNMENT


At 4:25 o'clock P.M. on motion of Representative McNamara and the entire Warwick delegation, and as a further mark of respect to the memory of Jacqueline A. Avedisian; on motion of Representative Story, and as a further mark of respect to the memory of Joan Penkala; seconded by Representatives Fox and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION

REPRESENTATIVE MATTHEW J. McHUGH

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 920) An Act relating to elections - combination of districts.

Appendix



CONSENT CALENDAR




In order for Thursday, March 13, 2003:

1. (03-H5018) An Act relating to towns and cities - sewage charges in the town of North Smithfield.

Committee on Corporations recommends passage.

2. (03-H5722) An Act exempting from taxation the real, mixed, and personal property of the Darlington Braves, Inc. of Pawtucket.

Committee on Corporations recommends passage.

3. (03-H5756) An Act relating to validating and ratifying amendments to the home rule charter of the town of Middletown.

Committee on Corporations recommends passage.

4. (03-H5761) An Act relating to taxation - levy and assessment of local taxes.

Committee on Corporations recommends passage.

5. (03-H5766) An Act relating to validating and ratifying amendments to the charter of the town of Jamestown.

Committee on Corporations recommends passage.

LOUIS D'ANTUONO
Clerk of the House
Tuesday, March 11, 2003

Appendix



CALENDAR


In order for Thursday, March 13, 2003:

1. (03-H5157) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage.

2. (03-H5341) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage.

3. (03-H5452) (Substitute "A") An Act relating to motor vehicle offenses.

Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".

4. (03-S108 as amended) An Act relating to taxation - special housing exemption - Lincoln.

Committee on Corporations recommends passage as amended in concurrence.

LOUIS D'ANTUONO
Clerk of the House
Tuesday, March 11, 2003



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