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.35 |
Thursday, April 3, 2003 |
Thirty-fifth Day |
The House of Representatives meets at the State House in Providence, Thursday, April 3, 2003, and is called to order at 4:14 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, Anguilla, Aubin, Brien, Callahan, Caprio, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Faria, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, 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, Wasylyk, Watson, Williams, Williamson, Winfield.
ABSENT - 6: Representatives Anderson, Benson, Carter, Coogan, Harwood, San Bento.
INVOCATION
The Honorable Speaker presents Representative Gallison, 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, April 2, 2003, is approved as printed.
CORRECTION
By unanimous consent, the House Journal of Tuesday, April 1, 2003, is hereby corrected by recording Representative Kennedy as being present.
ANNOUNCEMENTS
Representative Benson will be out of state and unable to attend session today, April 3, 2003.
Also:
Representative Savage asks for the prayers of the House members for John Giacomini who was injured recently.
GUEST
At 4:26 o'clock P.M. the Honorable Speaker yields the rostrum to Representatives Aubin and Lowe.
By unanimous consent, Representatives Aubin and Lowe address the members of the House and welcome to the House Charles Boucher, Rhode Island Teacher of the Year.
Mr. Boucher is presented with citations from both the House of Representatives and the Governor of Rhode Island.
At 4:29 o'clock P.M. the Honorable Speaker returns to the rostrum.
REPORTS OF COMMITTEES
TRANSFER OF BILLS
Representative Kennedy, for the Committee on Corporations, reports back the following measures, with recommendation of transfer to the Committee on Finance:
(03-H 5363) An Act relating to towns and cities - payments to fire companies.
Received and referred to the Committee on Finance.
(03-H 5743) An Act relating to towns and cities - retirement of municipal employees.
Received and referred to the Committee on Finance.
(03-H 5760) An Act relating to education - establishment of regional school districts.
Received and referred to the Committee on Finance.
(03-H 5762) An Act relating to towns and cities - benefits for firefighters.
Received and referred to the Committee on Finance.
(03-H 5906) An Act relating to state affairs and government - municipal police - incentive pay.
Received and referred to the Committee on Finance.
(03-H 5905) An Act relating to towns and cities - retirement of municipal employees.
Received and referred to the Committee on Finance.
(03-H 5941) An Act relating to insurance.
Received and referred to the Committee on Finance.
(03-H 6095) An Act relating to commercial law - general regulatory provisions.
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 Veterans' Affairs:
(03-H 5725) An Act relating to the naming of Route 95 in Rhode Island.
Received and referred to the Committee on Veterans' Affairs.
(03-H 6140) An Act relating to renaming Route 2, Exeter.
Received and referred to the Committee on Veterans' Affairs.
COMMUNICATION FROM THE SENATE
A message from the Honorable Senate transmits with announcement of passage, of the following measures:
(03-S 996) An Act relating to taxation - town of Scituate.
Representative Mumford requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, in concurrence, on motion of Representative Mumford, seconded by Representatives Savage and Trillo, on a roll call vote, 53 members voting in the affirmative and 1 member voting in the negative as follows:
YEAS - 53: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Brien, Caprio, Cerra, Corvese, Costantino, Dennigan, Enos, Faria, Flaherty, Gallison, Giannini, Ginaitt, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, Moffitt, Montanaro, Moran, Moura, Mumford, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Slater, Story, Trillo, Wasylyk, Williams, Williamson.
NAYS - 1: Representative Coderre.
Representative Coderre requests the journal to reflect that due to a machine malfunction, she voted incorrectly on (03-S 996). She should have voted in the affirmative.
There is no objection.
(03-S 90) An Act relating to liability insurance - rental vehicle coverage.
Read and referred to the Committee on Corporations.
(03-S 280) (Substitute "A") An Act relating to unfair competition and practices.
Read and referred to the Committee on Corporations.
(03-S 404) An Act relating to insurance - unfair competition and practices.
Read and referred to the Committee on Corporations.
(03-S 840) (Substitute "A") An Act relating to insurance - fire insurance policies and reserves.
Read and referred to the Committee on Corporations.
(03-S 991) An Act to vacate the forfeiture or revocation of the charter of Pt. Judith Medical Laboratories, Inc.
Read and referred to the Committee on Corporations.
(03-S 994) An Act to vacate the forfeiture or revocation of the charter of R.A. Bernard Enterprises, Inc.
Read and referred to the Committee on Corporations.
(03-S 884) An Act relating to health and safety - laboratories.
Read and referred to the Committee on Health, Education and Welfare.
NEW BUSINESS
Representatives Amaral and Enos introduce (03-H 6273) An Act relating to the North Tiverton Fire District.
Read and referred to the Committee on Corporations.
Representatives Aubin and Lowe introduce (03-H 6274) An Act relating to state affairs and government - Energy Facility Siting Act.
Read and referred to the Committee on Corporations.
Representatives Aubin and Lowe introduce (03-H 6275) An Act relating to public utilities and carriers.
Read and referred to the Committee on Corporations.
Representatives Aubin and Lowe introduce (03-H 6276) An Act relating to state aid.
Read and referred to the Committee on Finance.
Representatives Aubin and Lowe introduce (03-H 6277) An Act relating to Human Services - certification of child care and youth workers.
Read and referred to the Committee on Health, Education and Welfare.
Representatives Amaral, Savage, Malik, McManus and Rose introduce (03-H 6278) An Act relating to property - deeds.
Read and referred to the Committee on Judiciary.
CALENDAR
From the Calendar as a Special Order of Business is taken:
1. Nomination of Francis X. Flaherty as Associate Justice of the Rhode Island Supreme Court.
Committee on Judiciary recommends that the House give its Advice and Consent to this nomination.
Representative Williamson moves that the Advice and Consent of the House be given this nomination, seconded by Representatives Fox, Sherlock, Faria, Petrarca, Lima, Giannini, Lewiss, Menard, Gallison, Winfield, McCauley, Caprio, Brien, Picard, Moran, Schadone, Lowe, Jacquard, Gorham, Mumford, Moffitt, Trillo, McHugh, Scott, Savage, Story, Watson, Long, Shanley, McNamara, Laroche, Landroche, Moura, Enos, Ajello, Lally, Williams, Almeida, Ginaitt, Reilly, Aubin, Coderre, Rose, Dennigan, Anguilla, Malik, Corvese, Tejada, Slater, Kennedy, Kilmartin, Naughton, Cerra, Wasylyk and Shavers.
The Advice and Consent of the House is given this nomination, on a roll call vote, 65 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 65: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Brien, Callahan, Caprio, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Faria, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Slater, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS - 0.
Representatives Montanaro, Smith and Palumbo request the journal to reflect that if they had voted on the nomination of Francis X. Flaherty as Associate Justice of the Rhode Island Supreme Court, they 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 His Excellency, the Governor, forthwith.
ANNOUNCEMENTS
Representative Williamson announces that the Committee on Judiciary will meet today at the rise of the House in Room 205 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 Ginaitt announces that the Joint Committee on Fire Safety will meet today at 6:00 o'clock P.M. in Room 313 of the State House.
ADJOURNMENT
At 4:29 o'clock P.M. on motion of Representative Fox, seconded by Representative Watson, the House adjourns, on a voice vote.
LINDA McELROY
Recording Clerk
Appendix
INVOCATION
REPRESENTATIVE RAYMOND E. GALLISON, JR.
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 108 as amended) An Act relating to taxation - special housing exemption - Lincoln.
(03-S 996) An Act relating to taxation - town of Scituate.
Appendix
CONSENT CALENDAR
In order for Tuesday, April 8, 2003:
1. (03-H6257) An Act to vacate the forfeiture or revocation of the charter of Blue Dory Resorts, Inc.
Ordered on the Consent Calendar.
Appendix
CONSENT CALENDAR
In order for Tuesday, May 6, 2003:
1. (03-S27) An Act relating to validating and ratifying certain amendments to the Home Rule Charter of the city of Newport.
Committee on Corporations recommends passage in concurrence.
2. (03-S109) An Act relating to taxation - property tax exemption.
Committee on Corporations recommends passage in concurrence.
LOUIS D'ANTUONO
Clerk of the House
Thursday, April 3, 2003
Appendix
CALENDAR
In order for Tuesday, April 22, 2003:
1. (03-S253) An Act relating to solemnization of marriages.
Committee on Judiciary recommends passage in concurrence.
LOUIS D'ANTUONO
Clerk of the House
Thursday, April 3, 2003
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