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.29 |
Thursday, March 20, 2003 |
Twenty-ninth Day |
The House of Representatives meets at the State House in Providence, Thursday, March 20, 2003, and is called to order at 4:17 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:
PRESENT - 70: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anderson, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Cerra, Coderre, Coogan, Corvese, Crowley, Dennigan, DeSimone, Enos, Faria, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Harwood, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.
ABSENT - 5: Representatives Carter, Costantino, Laroche, Menard, San Bento.
INVOCATION
The Honorable Speaker presents Representative Scott, 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 19, 2003, is approved as printed.
ANNOUNCEMENT
The Honorable Chief Justice Frank Williams of the Rhode Island Supreme Court will be addressing the House of Representatives on his Annual Justice Report, on Tuesday, March 25, 2003.
GUESTS
Representative Giannini welcomes to the House Chambers as guests Representative Naughton's daughter Christine, her son-in-law Bryan, and her grandson Bryan Allen Barrington, II.
Also:
At 5:28 o'clock P.M. the Honorable Speaker yields the rostrum to Representatives Rose, Coogan, Savage, Dennigan and Moura.
By unanimous consent, Representative Rose addresses the members of the House and welcomes to the House the East Providence Football Division I Super Bowl Champions.
By unanimous consent, Representatives Coogan, Savage, Dennigan and Moura address the members of the House and congratulate the champions.
The Super Bowl Champions will be presented with citations as follows: Players Desmond Adewusi, James Aguiar, Damian Almada, Derrin Almada, Robert Almeida, Sean Arian, Erick Bento, Leo Bertrand, Jerome Blair, John Booker, Brandon Brown, Andrew Caroulo, David Caroulo, Peter Charron, Jason Clancy, June Coan, Christopher Collins, Nelson Coutinho, Andrew Correia, Jorge DaGraca, Derek D'Antuono, Andrew DeMacedo, Matthew Dessert, Saul Estrada, Joseph Estrela, Shawn Fallon, Justin Featherstone, Ray Ferrara, Robert Fonseca, Manuel Francis, Matthew Gilmete, Derek Goggin, Stephen Gomes, Sherman Henderson, David Hogan, Micheal Hubbard, Bryant Ivy, Khalil Kalimullah, Steven Lawrence, Robert McCutcheon, Stephen Mega, Aaron Monroe, Justin Mooney, Luis Murcia, Scott Nallen, Brian Nallen, Liem Nguyen, Kevin Pacheco, Joshua Peno, Matthew Phillips, Nicholas Pond, Matthew Price, Ed Reed, Daniel Rendine, Dan Rocha, Jason Sanon, Adam Selley, James Silva, Derek Souza, William Stringfellow, Kyle Thacker, Jonathan Thurber, William Tilley, Lamont Vallee, Kevin Walsh, Shane Whittet, S. Colin Winter, and Steve Zaremoka; Coaches Sandy Gorham, Jay Monteiro, John Gendron, Steve Cherrallah, Scott Winter, Bob Lyons, Joel Swan, Richard Small, John Veader, Roger Farmer, Ted Gorham, Mike Illucci, and Luke Stedman; Managers Richard Jeffrey, Kevin Dexter, and James Alden.
At 5:33 o'clock P.M. the Honorable Speaker returns to the rostrum.
Representatives Caprio and Benson also congratulate the team.
COMMUNICATION FROM THE SENATE
A message from the Honorable Senate transmits with announcement of passage, of the following measure:
(03-S 898) An Act relating to taxation - Pawtucket.
Read and referred to the Committee on Corporations.
REPORT OF COMMITTEE
COMMITTEE ON HEALTH, EDUCATION AND WELFARE
Representative Giannini, for the Committee on Health, Education and Welfare, reports back the following measure with recommendation of passage:
(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 ordered to be placed on the Calendar.
NEW BUSINESS
Representative Moura introduces (03-H 6211) An Act relating to public utilities and carriers.
Read and referred to the Committee on Corporations.
Representatives Picard, Brien and Laroche introduce (03-H 6212) An Act relating to highways - construction and maintenance of state roads.
Read and referred to the Committee on Corporations.
Representatives Menard, Moran, Kilmartin, Reilly and Brien introduce (03-H 6213) An Act relating to weapons.
Read and referred to the Committee on Judiciary.
Representatives Naughton, Gallison, Aubin, Malik and Ginaitt introduce (03-H 6214) An Act relating to health and safety - refuse disposal.
Read and referred to the Committee on Environment and Energy.
Representatives Fox and Watson introduce (03-H 6215) House Resolution celebrating March 25, 2003 as the 182nd Anniversary of Greek Independence Day.
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.
Representative Crowley introduces (03-H 6216) An Act relating to solemnization of marriages.
Read and referred to the Committee on Judiciary.
Representatives Moffitt, Aubin and Gorham introduce (03-H 6217) An Act relating to motor vehicles - special registration plate - Coventry - police chief emeritus.
Read and referred to the Committee on Corporations.
Representative Kennedy introduces (03-H 6218) An Act relating to the town of Hopkinton.
Read and referred to the Committee on Corporations.
Representatives Schadone, Winfield, Lewiss, Anguilla and Rose introduce (03-H 6219) House Resolution requesting the Rhode Island Board of Governors for Higher Education to conduct an investigation into the Athletic Department at the University of Rhode Island.
Read and referred to the Committee on Finance.
Representatives McHugh, Scott and Kennedy introduce (by request) (03-H 6220) An Act relating to cities and towns - Charlestown, Richmond and Hopkinton - regional school district.
Read and referred to the Committee on Corporations.
Representatives McHugh, Scott and Kennedy introduce (by request) (03-H 6221) An Act relating to education - foundation level school support.
Read and referred to the Committee on Finance.
Representatives Long, Callahan and Shavers introduce (03-H 6222) House Resolution recognizing the Rotary Club of Middletown, Rhode Island on their 50th Anniversary.
Representative Long requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Long, seconded by Representatives Scott, Watson, Gorham Mumford, Long, Amaral, Callahan, Story, McManus, Shavers and Cerra, and by unanimous consent, on a voice vote.
Representatives Moura and Ajello introduce (03-H 6223) An Act relating to the Tockwotton Home, originally incorporated as Home for Aged Women.
Read and referred to the Committee on Corporations.
Representative Moura introduces (03-H 6224) House Resolution creating a special House commission to study the impact and feasibility of moving regulatory authority for the auto body industry from the Department of Business Regulation to the Public Utilities Commission.
Read and referred to the Committee on Corporations.
Representatives Moran, Menard, Reilly and Tejada introduce (03-H 6225) Joint Resolution creating a special legislative commission to study the impact of firearms on school children and juveniles.
Read and referred to the Committee on Judiciary.
Representatives Palumbo, Handy, Jacquard, Mumford and Lima introduce (03-H 6226) An Act relating to taxation - levy and assessment of local taxes.
Read and referred to the Committee on Corporations.
Representatives Montanaro, Lima, Handy, Palumbo and Mumford introduce (03-H 6227) An Act relating to taxation - property subject to taxation.
Read and referred to the Committee on Corporations.
NOTICES OF BILL/RESOLUTION
INTRODUCTION
Representative Amaral gives notice that on the next legislative day he will introduce a measure concerning real estate records.
This notice is given in compliance with House Rule 42.
JOSEPH N. AMARAL
Representative, District 70
Received and ordered to be placed on file.
Representative Fox gives notice that on the next legislative day he will introduce a measure concerning equal opportunity and affirmative action.
This notice is given in compliance with House Rule 42.
GORDON FOX
Representative, District 4
Received and ordered to be placed on file.
Representative Watson gives notice that on the next legislative day he will introduce a measure concerning medical waste.
This notice is given in compliance with House Rule 42.
ROBERT A. WATSON
Representative, District 30
Received and ordered to be placed on file.
Representative Watson gives notice that on the next legislative day he will introduce a measure concerning state funded malpractice.
This notice is given in compliance with House Rule 42.
ROBERT A. WATSON
Representative, District 30
Received and ordered to be placed on file.
CALENDAR
With the agreement of the Majority and the Minority, (03-H 5278) (Substitute "A") from Tuesday's Calendar will be taken up today.
There is no objection.
1. (03-H5278) (Substitute "A") House Resolution adopting the rules of the House of Representatives for the years 2003-2004.
Committee on Rules recommends indefinite postponement of the original bill and passage of Substitute "A".
Representative Kilmartin moves passage, seconded by Representatives Montanaro, Moura, Lally, DeSimone, Malik, Naughton, Shavers, Winfield, Schadone, Williamson, Giannini, Lima, Sherlock, Fox, Tejada and Faria.
By unanimous consent, Representative Kilmartin, seconded by Representatives Fox, Montanaro, Moura, Williamson, Naughton, Shavers, Faria, Handy, Giannini, Watson, Lima and Benson, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(03-H 5278) (Substitute "A")
Mr. Speaker:
I hereby move to amend (03-H 5278) (Substitute "A") entitled "HOUSE RESOLUTION ADOPTING RULES OF THE HOUSE OF REPRESENTATIVES FOR THE YEARS 2003-2004" as follows:
On page 16, line 26 by deleting the word and numeral "thirty-four (34)" and inserting in place thereof the word and numeral "thirty (30)".
On page 10, line 5, by inserting after the word "shall" the words ", upon the written request of the principal sponsor,"
Respectfully submitted,
PETER F. KILMARTIN
Representative, District 61
Representatives Watson and Gorham discuss the amendment.
The motion to amend is read and prevails 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, Coogan, Corvese, Crowley, Dennigan, DeSimone, Enos, Faria, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, Savage, Scott, Shanley, Sherlock, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS - 0.
By unanimous consent, Representative Gorham, seconded by the Republican delegation, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(03-H 5278) (Substitute "A")
Mr. Speaker:
I hereby move to amend (03-H 5278) (Substitute "A") entitled "HOUSE RESOLUTION ADOPTING RULES OF THE HOUSE OF REPRESENTATIVES FOR THE YEARS 2003-2004" as follows:
1. On page 10, by inserting between lines 2 and 3 the following language:
"No bill or resolution on which a committee has voted a recommendation of no passage shall be reported unless the principal House sponsor shall, after such notification, request in writing within one (1) week following such notification that a report be made."
2. On page 10, by inserting between lines 30 and 31, the following language:
"(k) At the time of the receipt of a committee report by the House, the House sponsor of said bill or resolution may move to substitute his or her recommendation as to said bill or resolution in lieu of the committee recommendation as to said bill or resolution. In making such motion, the House sponsor shall be allowed to explain his or her recommendation and the committee Chair shall be allowed to rebut. The Majority and Minority Leaders shall also be allowed to make their explanations.
In the case of a recommendation of no passage, unless the sponsor is successful in substituting his or her own recommendation in lieu of the committee, then all consideration of that bill or resolution shall end for that legislative session."
Respectfully submitted,
NICHOLAS GORHAM
Representative, District 40
Representative Gorham discusses the amendment.
Representative Moura rises on a point of order to inquire whether Representative Gorham's time has expired.
Representative Watson expresses the hope that the Speaker is keeping track of the time.
The Honorable Speaker assures the House that the Parliamentarian is keeping track of the time.
Representative Gorham continues. Representatives Kilmartin, Long, Ajello, Montanaro, Malik, Mumford and Crowley also discuss the amendment.
The motion to amend is read and fails of passage on a roll call vote, 12 members voting in the affirmative and 51 members voting in the negative as follows:
YEAS - 12: Representatives Amaral, Callahan, Gorham, Long, McManus, Moffitt, Mumford, Savage, Scott, Story, Trillo, Watson.
NAYS - 51: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Anderson, Anguilla, Aubin, Benson, Brien, Caprio, Cerra, Coderre, Coogan, Crowley, Dennigan, DeSimone, Enos, Faria, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Jacquard, Kilmartin, Lally, Landroche, Lima, Lowe, Malik, McCauley, McHugh, Montanaro, Moran, Moura, Naughton, Palumbo, Petrarca, Picard, Rose, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Tejada, Voccola, Williams, Williamson, Winfield.
Representatives Kilmartin, Coogan, Scott, Gorham and Ginaitt discuss the resolution.
The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, on a roll call vote, 62 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 62: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anderson, Anguilla, Aubin, Benson, Callahan, Caprio, Cerra, Coderre, Coogan, Corvese, Crowley, Dennigan, DeSimone, Enos, Faria, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Rose, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Slater, Smith, Tejada, Trillo, Voccola, Watson, Williams, Williamson, Winfield.
NAYS - 0.
The Speaker announces the House Rules as adopted be printed in the Journal next week.
Representative Brien requests the journal to reflect that if he had voted on (03-H 5278) (Substitute "A"), he would have voted in the affirmative.
There is no objection.
ANNOUNCEMENTS
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 Handy announces that the Committee on Health, Education and Welfare will meet today 20 minutes after the rise of the House in Room 135 of the State House.
ADJOURNMENT
At 5:42 o'clock P.M. on motion of the Honorable Speaker Murphy and Representatives Williamson, Landroche and the entire House, and as a further mark of respect to the memory of the victims of the Station fire and in honor of those injured and all who have assisted in their rescue and care; on motion of Representative Coderre, and as a further mark of respect to the memory of Raymond T. Hoyas, Sr.; on motion of Representative Corvese, and as a further mark of respect to the memory of Ralph Bomba; seconded by Representatives Fox and Watson, the House adjourns, on a unanimous rising vote.
LINDA McELROY
Recording Clerk
Appendix
INVOCATION
REPRESENTATIVE JOSEPH H. SCOTT
Almighty God, we ask that you help us as we try to make Rhode Island a better place, and protect our troops in Iraq. Amen.
Appendix
CONSENT CALENDAR
In order for Wednesday, March 26, 2003:
1. (03-H5723) An Act relating to validating and ratifying an amendment to the charter of the town of North Smithfield.
Committee on Corporations recommends passage.
LOUIS D'ANTUONO
Clerk of the House
Thursday, March 20, 2003
Appendix
CALENDAR
In order for Tuesday, March 25, 2003:
1. (03-S253) An Act relating to solemnization of marriages.
Committee on Judiciary recommends passage in concurrence.
Appendix
CALENDAR
In order for Wednesday, March 26, 2003:
1. (03-S183) (Substitute "A") An Act relating to cities and towns - exempting from taxation property of the Woonsocket, R.I. Young Men's Christian Association.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
Appendix
CALENDAR
In order for Thursday, March 27, 2003:
1. (03-H5201) 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.
Committee on Health, Education and Welfare recommends passage.
LOUIS D'ANTUONO
Clerk of the House
Thursday, March 20, 2003
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