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.25 Wednesday, March 12, 2003 Twenty-fifth Day


The House of Representatives meets at the State House in Providence, Wednesday, March 12, 2003, and is called to order at 4:22 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, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Harwood, Jacquard, Kennedy, Kilmartin, Lally, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Watson, Williams, Williamson, Winfield.

ABSENT - 6: Representatives Carter, Dennigan, Flaherty, Landroche, San Bento, Wasylyk.

INVOCATION


The Honorable Speaker presents Representative Naughton, 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, March 11, 2003, is approved as printed.

GUESTS


At 4:33 o'clock P.M. the Honorable Speaker yields the rostrum to Representatives Brien, Picard and Laroche.

By unanimous consent, Representative Brien addresses the members of the House and welcomes to the House Mount St. Charles first ever Rhode Island State Girls Hockey Champions.

Representative Picard presents citations to them as follows: Meghan Leeming, Danielle Boucher, Cassandra Thompson, Jill Anderson, Jennifer Bernache, Alysa Coleman, Stephanie Desmaris, Lindsay Maturi, Lindsey Abramo, Amanda Zagami, Robin Williams, Jessica Roy, Jennifer Keating, Head Coach Ron Picard, Assistant Coach Rick Breault, Team Manager Bryanna Arpine, and Equipment Manager Jeffrey Breault.

At 4:39 o'clock P.M. the Honorable Speaker returns to the rostrum.

At 4:40 o'clock P.M. the Honorable Speaker yields the rostrum to Representative Williamson.

By unanimous consent, Representative Williamson addresses the members of the House and presents a citation to Lindsay Nagel, Miss Ireland for the West Warwick Saint Patrick's Day Parade.

Representative Williamson also welcomes Eileen and Larry Nagel, parents of Lindsay, and Mike O'Connor, Coordinator of the Saint Patrick's Day Parade.

At 4:42 o'clock P.M. the Honorable Speaker returns to the rostrum.


COMMUNICATION FROM THE SENATE


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

(03-S 215) An Act relating to taxation.

Read and referred to the Committee on Corporations.

(03-S 17 as amended) An Act relating to criminal offenses - abandonment and nonsupport.

Read and referred to the Committee on Judiciary.

REPORTS OF COMMITTEES
TRANSFER OF BILLS


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

(03-H 5477) An Act relating to nonprofit organizations.

Received and referred to the Committee on Finance.

Representative Ginaitt requests leave of the House to transfer (03-H 5201) from the Joint Committee on Environment and Energy to the Committee on Health, Education and Welfare.

There is no objection.

(03-H 5201) House Resolution respectfully urging the federal government to block the implementation of United States Environmental Protection Agency rules which will weaken the new source review provision of the Clean Air Act and take action to further restrict emissions from power plants.

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

COMMITTEE ON CORPORATIONS


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

(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.

Representative Long requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, in concurrence, on motion of Representative Long, seconded by Representative Fox, on a roll call vote, 64 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 64: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anderson, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Cerra, Coderre, Corvese, Costantino, Crowley, DeSimone, Enos, Faria, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Mumford, Naughton, Palumbo, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Slater, Story, Tejada, Trillo, Watson, Williams, Williamson, Winfield.

NAYS - 0.

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

Representative Long requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, in concurrence, on motion of Representative Long, seconded by Representative Fox, on a roll call vote, 63 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 63: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anderson, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Cerra, Coderre, Corvese, Costantino, Crowley, DeSimone, Enos, Faria, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Mumford, Naughton, Palumbo, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Slater, Story, Tejada, Trillo, Watson, Williams, Williamson, Winfield.

NAYS - 0.

COMMITTEE ON JUDICIARY


Representative Lally, for the Committee on Judiciary, reports back the following measure, with recommendation of passage:

(03-S 20) An Act relating to solemnization of marriages.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, in concurrence, on motion of Representative Fox, seconded by Representative Lima, on a roll call vote, 61 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 61: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anderson, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Cerra, Coderre, Corvese, Costantino, Crowley, DeSimone, Enos, Faria, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Laroche, Lewiss, Lima, Long, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Mumford, Naughton, Palumbo, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Scott, Shavers, Sherlock, Slater, Story, Tejada, Trillo, Watson, Williams, Williamson.

NAYS - 0.

NEW BUSINESS


Representatives Gallison, Enos, Anguilla, Callahan and Amaral introduce (03-H 6180) An Act creating the Prudence Island Water District.

Read and referred to the Committee on Corporations.

Representatives Winfield and Lewiss introduce (03-H 6181) An Act relating to insurance - small employer health insurance.

Read and referred to the Committee on Corporations.

Representatives Costantino, Slater, Sherlock and Mumford introduce (03-H 6182) An Act relating to motor and other vehicles.

Read and referred to the Committee on Finance.

Representatives Palumbo, Moran and Winfield introduce (03-H 6183) An Act relating to parole.

Read and referred to the Committee on Judiciary.

Representatives Malik, Gallison and Anguilla introduce (03-H 6184) House Resolution congratulating David C. Foehr on his retirement after 26 years of outstanding service to the state of Rhode Island.

Representative Malik requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Malik, seconded by Representative Fox, and by unanimous consent, on a voice vote.

Representative Gorham introduces (03-H 6185) An Act relating to solemnization of marriages.

Representative Gorham requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Gorham, seconded by Representative Mumford, on a roll call vote, 61 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 61: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anderson, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Cerra, Coderre, Corvese, Costantino, Crowley, DeSimone, Enos, Faria, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kilmartin, Lally, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Mumford, Naughton, Palumbo, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Slater, Story, Tejada, Trillo, Williams, Williamson, Winfield.

NAYS - 0.

Representative Fox introduces (03-H 6186) House Resolution extending congratulations.

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 voice vote.


NOTICE OF BILL/RESOLUTION
INTRODUCTION


Representative Naughton gives notice that on the next legislative day she will introduce a measure concerning health and safety: mercury reduction: renewable energy.

This notice is given in compliance with House Rule 42.

EILEEN S. NAUGHTON
Representative, District 21

Received and ordered to be placed on file.

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.

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 Almeida announces that the Committee on Separation of Powers will meet today at the rise of the House in Room 313 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 in Room 135 of the State House.

Also:

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

Also:

Representative Palumbo wishes Representative McCauley a belated Happy Birthday.

ADJOURNMENT


At 4:46 o'clock P.M. on motion of Representative Williamson, and as a further mark of respect to the memory of Brendan Roberti; on motion of Representative Reilly, and as a further mark of respect to the memory of James T. Durkin; on motion of Representative Corvese, and as a further mark of respect to the memory of Alice Souza; on motion of Representative Giannini, and as a further mark of respect to the memory of Jane Hawkins; seconded by Representatives Fox and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION

REPRESENTATIVE EILEEN S. NAUGHTON


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



TRANSMITTED TO THE GOVERNOR


(03-S 20) An Act relating to solemnization of marriages.

(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.

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

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
Wednesday, March 12, 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
Wednesday, March 12, 2003



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