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.37 |
Wednesday, April 9, 2003 |
Thirty-seventh Day |
The House of Representatives meets at the State House in Providence, Wednesday, April 9, 2003, and is called to order at 4:19 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, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Faria, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Harwood, Jacquard, Kennedy, Kilmartin, 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 - 5: Representatives Carter, Coogan, Ginaitt, Lally, San Bento.
INVOCATION
The Honorable Speaker presents Representative Cerra, 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, April 8, 2003, is approved as printed.
ANNOUNCEMENT
Representative Peter T. Ginaitt will not be in session today, he will be out of town.
GUESTS
Representatives Aubin and Benson welcome to the House Chambers as guests, the URI Senate.
Also:
Representatives Dennigan, Shavers and Moura welcome to the House Chambers as guests, Family Service of Rhode Island.
Also:
At 4:30 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 the Mount Saint Charles Academy Varsity Hockey Met A Championship Team.
By unanimous consent, Bill Belisle, Coach, addresses the members of the House.
Representatives Brien, Picard and Laroche present citations to the team as follows: Derek Soter, Nicholas Glum, Michael O'Malley, Christopher Kane, Brandon Castro, Nicholas Jillson, Michael Mallette, Patrick Ciummo, Shane Farrell, Erik Trahan, Billy Strain, Matt Czerkowicz, Brian Bailey, Dan Rohan, Corey Goglia, Daniel Chevrette, Luke McDonough, Michael Cornell, Nathan Perreault, Ryan Leeming, Charles Moroni, Brendan Shea, Craig Brooks, Alex St. George, Ryan Hatch, Jeff Young, Head Coach Bill Belisle, Assistant Coaches Dave Belisle, Dennis Sousa, Don Choquette, and Manager Joseph Freitas.
At 4:36 o'clock P.M., the Honorable Speaker returns to the rostrum.
ANNOUNCEMENT
Representative Scott rises to inform the House that yesterday he visited Representative Carter and that he is doing very well. Representative Carter extends his thanks to the members for all their support.
COMMUNICATION FROM THE SENATE
A message from the Honorable Senate transmits with announcement of passage, of the following measures:
(03-S 955) An Act authorizing the Bristol Warren Regional School District to finance construction of a new elementary school in Bristol, Rhode Island and additions, improvements and renovations to Hugh Cole Elementary School in Warren, Rhode Island, Byfield Elementary School in Bristol, Rhode Island, including site infrastructure and improvements, the furnishing and equipping thereof and the provision of architectural, engineering, surveying and other services necessary or appropriate therefor, and to issue not more than $38,000,000 bonds and notes therefor.
Representative Gallison requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, in concurrence, on motion of Representative Gallison, seconded by Representatives Anguilla, Anderson and Enos, 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, Anderson, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Cerra, Coderre, Corvese, Costantino, DeSimone, Enos, Faria, Flaherty, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Long, Lowe, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Scott, Shavers, Sherlock, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS - 0.
(03-S 34) An Act relating to the General Assembly Permanent Joint Committee on Naming All New Buildings, Bridges, Edifices and Other State Constructions.
Read and referred to the Committee on Corporations.
(03-S 406) Joint Resolution proclaiming 2003 to be the "Year of the Woonasquatucket" in Rhode Island.
Read and referred to the Committee on Corporations.
(03-S 591) Joint Resolution declaring June as "Rivers Month" in the State of Rhode Island.
Read and referred to the Committee on Corporations.
(03-S 1000) An Act to vacate the forfeiture or revocation of the charter of Blue Dory Resorts, Inc.
Read and referred to the Committee on Corporations.
(03-S 390) An Act relating to health and safety.
Read and referred to the Committee on Finance.
(03-S 779) An Act relating to Human Services - burials.
Read and referred to the Committee on Finance.
(03-S 448) An Act relating to medical parole.
Read and referred to the Committee on Judiciary.
(03-S 664) An Act relating to criminal procedure - Domestic Violence Prevention Act.
Read and referred to the Committee on Judiciary.
(03-S 33) An Act relating to boxing and wrestling.
Read and referred to the Committee on Labor.
REPORTS OF COMMITTEES
TRANSFER OF BILL
Representative Kennedy, for the Committee on Corporations, reports back the following measure, with recommendation of transfer to the Committee on Finance:
(03-H 5712) An Act relating to public utilities and carriers - accessible electronic information act.
Received and referred to the Committee on Finance.
COMMITTEE ON CORPORATIONS
Representative Kennedy, for the Committee on Corporations, reports back the following measures, with recommendation of passage:
(03-S 950) An Act to vacate the forfeiture or revocation of the charter of Omni Innovations, Inc.
Received and ordered to be placed on the Calendar.
(03-S 951) An Act to vacate the forfeiture or revocation of the charter of Givens Marine Survival Co. Inc.
Received and ordered to be placed on the Calendar.
(03-S 898) An Act relating to taxation - Pawtucket.
Received and ordered to be placed on the Calendar.
COMMITTEE ON HEALTH, EDUCATION AND WELFARE
Representative Giannini, for the Committee on Health, Education and Welfare, reports back the following measures, with recommendation of passage:
(03-H 5218) An Act relating to health insurance coverage.
Received and ordered to be placed on the Calendar.
(03-H 5348) An Act relating to health insurance coverage.
Received and ordered to be placed on the Calendar.
(03-H 5498) An Act relating to health insurance coverage - mandated hearing aid coverage.
Received and ordered to be placed on the Calendar.
(03-H 5461) An Act relating to businesses and professions - confidentiality of health care communications and information act.
Received and ordered to be placed on the Calendar.
(03-H 5245) An Act relating to sanitation in food establishments.
Received and ordered to be placed on the Calendar.
(03-H 5247) House Resolution memorializing Congress to eliminate home care reimbursement reductions.
Received and ordered to be placed on the Calendar.
(03-H 5386) An Act relating to businesses and professions - Board of Medical Licensure and Discipline.
Received and ordered to be placed on the Calendar.
(03-H 5387) An Act relating to education - establishment of charter public schools.
Received and ordered to be placed on the Calendar.
(03-H 5595) Joint Resolution memorializing Congress to take action to stabilize the Medicare program.
Received and ordered to be placed on the Calendar.
COMMITTEE ON JUDICIARY
Representative Flaherty, for the Committee on Judiciary, reports back the following measures, with recommendation of passage:
(03-H 5660) (Substitute "A") An Act relating to state affairs and government.
Received and ordered to be placed on the Calendar.
(03-H 5439) (Substitute "A") An Act relating to property.
Received and ordered to be placed on the Calendar.
(03-H 5254) (Substitute "A") An Act relating to criminal offenses - abandonment and nonsupport.
Received and ordered to be placed on the Calendar.
(03-H 5015) (Substitute "A") An Act relating to child protection - Amber alert.
Received and ordered to be placed on the Calendar.
(03-H 5194) An Act relating to criminal offenses - kidnapping.
Received and ordered to be placed on the Calendar.
(03-H 5198) An Act relating to domestic relations - child custody.
Received and ordered to be placed on the Calendar.
(03-H 5252) An Act relating to the National Guard.
Received and ordered to be placed on the Calendar.
(03-H 5343) An Act relating to criminal offenses - children.
Received and ordered to be placed on the Calendar.
(03-H 5437) An Act relating to property - recording of instruments.
Received and ordered to be placed on the Calendar.
(03-H 5515) An Act relating to weapons.
Received and ordered to be placed on the Calendar.
(03-H 5636) An Act relating to practice in probate courts.
Received and ordered to be placed on the Calendar.
(03-H 5662) An Act relating to courts and civil procedure - court administration.
Received and ordered to be placed on the Calendar.
(03-H 5680) An Act relating to criminal offenses - weapons.
Received and ordered to be placed on the Calendar.
(03-H 5867) An Act relating to property - powers.
Received and ordered to be placed on the Calendar.
COMMITTEE ON LABOR
Representative Corvese, for the Committee on Labor, reports back the following measure, with recommendation of passage:
(03-H 5701) An Act relating to towns and cities - relief of firefighters and police officers.
Received and ordered to be placed on the Calendar.
(03-H 5392) An Act relating to boxing and wrestling.
Received and ordered to be placed on the Calendar.
(03-H 5465) An Act relating to miscellaneous rules.
Received and ordered to be placed on the Calendar.
(03-H 5675) An Act relating to public property and works - labor and payment of debts by contractors.
Received and ordered to be placed on the Calendar.
(03-H 5972) An Act relating to plumbers.
Received and ordered to be placed on the Calendar.
(03-H 5769) An Act relating to businesses and professions.
Received and ordered to be placed on the Calendar.
(03-H 5990) An Act relating to labor and labor relations - minimum wages.
Received and ordered to be placed on the Calendar.
(03-H 6026) An Act relating to occupational safety.
Received and ordered to be placed on the Calendar.
(03-H 5995) An Act relating to businesses and professions.
Received and ordered to be placed on the Calendar.
(03-H 5993) An Act relating to employment security - taxable wage base.
Received and ordered to be placed on the Calendar.
(03-H 5992) An Act relating to industrial legislation.
Received and ordered to be placed on the Calendar.
(03-H 5991) An Act relating to electricians.
Received and ordered to be placed on the Calendar.
(03-H 5528) An Act relating to business and professions - Sunday business.
Received and ordered to be placed on the Calendar.
(03-H 6099) Joint Resolution creating a special legislative commission to study the tax and benefit provisions of the temporary disability insurance (TDI) program.
Received and ordered to be placed on the Calendar.
NEW BUSINESS
Representative Shavers introduces (03-H 6288) An Act relating to animals and animal husbandry - dog licenses.
Read and referred to the Committee on Corporations.
Representative Anderson introduces (03-H 6289) Joint Resolution making an appropriation of $144.16 to pay the claim of Madeline Capaldi of 16 Powhatan Avenue, Coventry, RI 02816.
Read and referred to the Joint Committee on Accounts and Claims.
Representatives McNamara and Handy introduce (03-H 6290) An Act relating to Cranston and Warwick road striping.
Read and referred to the Committee on Corporations.
Representatives Callahan, Enos and Gallison introduce (by request) (03-H 6291) An Act relating to taxation.
Read and referred to the Committee on Corporations.
Representatives Shavers and Gallison introduce (03-H 6292) An Act relating to criminal offenses - weapons.
Read and referred to the Committee on Judiciary.
Representative Williams introduces (03-H 6293) Joint Resolution making an appropriation of $80.29 to pay the claim of Marowane Bah of 642 Irving Street, N.W. Washington, DC 20010.
Read and referred to the Joint Committee on Accounts and Claims.
Representative Williams introduces (03-H 6294) Joint Resolution making an appropriation of $419.95 to pay the claim of Elizabeth A. Pease of 909 Meadow Lane, Niskayuna, New York, 12309.
Read and referred to the Joint Committee on Accounts and Claims.
Representative Williams introduces (03-H 6295) Joint Resolution making an appropriation of $210.00 to pay the supplemental claim of Patricia D. Reistetter of 48 Great Hammock Road, Old Saybrook, Connecticut 06475.
Read and referred to the Joint Committee on Accounts and Claims.
Representative Williams introduces (03-H 6296) Joint Resolution making an appropriation of $250.00 to pay the claim of Ms. Lucia Cavedon of 2970 Mendon Road, #20, Cumberland, Rhode Island 02864.
Read and referred to the Joint Committee on Accounts and Claims.
Representatives Palumbo and Jacquard introduce (03-H 6297) An Act relating to taxation - levy and assessment of local taxes.
Read and referred to the Committee on Corporations.
Representative Moura introduces (03-H 6298) An Act to vacate the forfeiture or revocation of the charter of Patterson Dental Supply, Inc.
Read and ordered to be placed on the Consent Calendar.
Representatives Long, Callahan and Shavers introduce (03-H 6299) An Act relating to cities and towns - exempting from taxation certain property of the Healing Co-op, Inc.
Read and referred to the Committee on Corporations.
Representatives Long, Callahan and Shavers introduce (03-H 6300) An Act exempting from taxation the real, mixed and personal property of the Rhode Island Society of the Sons of the Revolution in Middletown.
Read and referred to the Committee on Corporations.
CALENDAR
From the Calendar is taken:
1. (03-H6280) An Act relating to taxation - levy and assessment of the local taxes.
Ordered on the Calendar.
Representative Brien moves passage of the act, seconded by Representatives Picard and Laroche.
Read and passed, 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, Benson, Brien, Cerra, Coderre, Corvese, Dennigan, DeSimone, Enos, Faria, Flaherty, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Laroche, Lewiss, Lima, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Palumbo, Petrarca, Picard, Reilly, Rose, Schadone, Scott, Shanley, Shavers, Sherlock, Slater, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Winfield.
NAYS - 0.
TRANSMITTAL
By unanimous consent, all matters on the Clerk's desk are ordered to be transmitted to His Excellency, the Governor, and to the Honorable Senate forthwith.
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 Giannini announces that the Committee on Finance will meet today at the rise of the House in Room 35 of the State House.
Also:
Representative Handy 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 Coderre announces that the Committee on Separation of Powers will meet today a half hour after the rise of the House in Room 313 of the State House.
Also:
Representative Picard announces that the Committee on Corporations will meet today at the rise of the House in Room 203 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 Sherlock announces that the Committee on Finance will meet today at the rise of the House in Room 35 of the State House.
ADJOURNMENT
At 4:42 o'clock P.M. on motion of Representative Menard, seconded by Representative Watson, the House adjourns, on a voice vote.
LINDA McELROY
Recording Clerk
Appendix
INVOCATION
REPRESENTATIVE MARY CERRA
Lord, may it be Thy will, not our own, which governs our deliberations this day. Amen.
Appendix
TRANSMITTED TO THE GOVERNOR
(03-S 955) An Act authorizing the Bristol Warren Regional School District to finance construction of a new elementary school in Bristol, Rhode Island and additions, improvements and renovations to Hugh Cole Elementary School in Warren, Rhode Island, Byfield Elementary School in Bristol, Rhode Island, including site infrastructure and improvements, the furnishing and equipping thereof and the provision of architectural, engineering, surveying and other services necessary or appropriate therefor, and to issue not more than $38,000,000 bonds and notes therefor.
Appendix
CONSENT CALENDAR
In order for Tuesday, April 22, 2003:
1. (03-H6285) An Act to vacate the forfeiture or revocation of the charter of Picozzi Beauty Supply Co., Inc.
Ordered on the Consent Calendar.
Appendix
CONSENT CALENDAR
In order for Wednesday, April 23, 2003:
1. (03-H6298) An Act to vacate the forfeiture or revocation of the charter of Patterson Dental Supply, 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
Wednesday, April 9, 2003
Appendix
CALENDAR
In order for Thursday, April 10, 2003:
1. (03-H5108) An Act relating to the Secretary of State.
Committee on Finance recommends passage.
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.
2. (03-H6216) An Act relating to solemnization of marriages.
Committee on Judiciary recommends passage.
3. (03-S423 as amended) An Act relating to personal income tax.
Ordered on the Calendar.
4. (03-S174) An Act relating to elections - registration of voters.
Ordered on the Calendar.
5. (03-S32) An Act relating to motor vehicles - special registration plate - Coventry - police chief emeritus.
Ordered on the Calendar.
Appendix
CALENDAR
In order for Wednesday, April 23, 2003:
1. (03-H5660) (Substitute "A") An Act relating to state affairs and government.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".
2. (03-H5439) (Substitute "A") An Act relating to property.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".
3. (03-H5254) (Substitute "A") An Act relating to criminal offenses - abandonment and nonsupport.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".
4. (03-H5015) (Substitute "A") An Act relating to child protection - Amber alert.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".
5. (03-H5194) An Act relating to criminal offenses - kidnapping.
Committee on Judiciary recommends passage.
6. (03-H5198) An Act relating to domestic relations. - child custody.
Committee on Judiciary recommends passage.
7. (03-H5252) An Act relating to the National Guard.
Committee on Judiciary recommends passage.
8. (03-H5343) An Act relating to criminal offenses - children.
Committee on Judiciary recommends passage.
9. (03-H5437) An Act relating to property - recording of instruments.
Committee on Judiciary recommends passage.
10. (03-H5515) An Act relating to weapons.
Committee on Judiciary recommends passage.
11. (03-H5636) An Act relating to practice in probate courts.
Committee on Judiciary recommends passage.
12. (03-H5662) An Act relating to courts and civil procedure - court administration.
Committee on Judiciary recommends passage.
13. (03-H5680) An Act relating to criminal offenses - weapons.
Committee on Judiciary recommends passage.
14. (03-H5867) An Act relating to property - powers.
Committee on Judiciary recommends passage.
15. (03-H5701) An Act relating to towns and cities - relief of firefighters and police officers.
Committee on Labor recommends passage.
16. (03-H5392) An Act relating to boxing and wrestling.
Committee on Labor recommends passage.
17. (03-H5465) An Act relating to miscellaneous rules.
Committee on Labor recommends passage.
18. (03-H5675) An Act relating to public property and works - labor and payment of debts by contractors.
Committee on Labor recommends passage.
19. (03-H5972) An Act relating to plumbers.
Committee on Labor recommends passage.
20. (03-H5769) An Act relating to businesses and professions.
Committee on Labor recommends passage.
21. (03-H5990) An Act relating to labor and labor relations - minimum wages.
Committee on Labor recommends passage.
22. (03-H6026) An Act relating to occupational safety.
Committee on Labor recommends passage.
23. (03-H5995) An Act relating to businesses and professions.
Committee on Labor recommends passage.
24. (03-H5993) An Act relating to employment security - taxable wage base.
Committee on Labor recommends passage.
25. (03-H5992) An Act relating to industrial legislation.
Committee on Labor recommends passage.
26. (03-H5991) An Act relating to electricians.
Committee on Labor recommends passage.
27. (03-H5528) An Act relating to business and professions - Sunday business.
Committee on Labor recommends passage.
28. (03-H6099) Joint Resolution creating a special legislative commission to study the tax and benefit provisions of the temporary disability insurance (TDI) program.
Committee on Labor recommends passage.
29. (03-H5218) An Act relating to health insurance coverage.
Committee on Health, Education and Welfare recommends passage.
30. (03-H5348) An Act relating to health insurance coverage.
Committee on Health, Education and Welfare recommends passage.
31. (03-H5498) An Act relating to health insurance coverage - mandated hearing aid coverage.
Committee on Health, Education and Welfare recommends passage.
32. (03-H5461) An Act relating to businesses and professions - confidentiality of health care communications and information act.
Committee on Health, Education and Welfare recommends passage.
33. (03-H5245) An Act relating to sanitation in food establishments.
Committee on Health, Education and Welfare recommends passage.
34. (03-H5247) House Resolution memorializing Congress to eliminate home care reimbursement reductions.
Committee on Health, Education and Welfare recommends passage.
35. (03-H5386) An Act relating to businesses and professions - Board of Medical Licensure and Discipline.
Committee on Health, Education and Welfare recommends passage.
36. (03-H5387) An Act relating to education - establishment of charter public schools.
Committee on Health, Education and Welfare recommends passage.
37. (03-H5595) Joint Resolution memorializing Congress to take action to stabilize the Medicare program.
Committee on Health, Education and Welfare recommends passage.
38. (03-S950) An Act to vacate the forfeiture or revocation of the charter of Omni Innovations, Inc.
Committee on Corporations recommends passage in concurrence.
39. (03-S951) An Act to vacate the forfeiture or revocation of the charter of Givens Marine Survival Co. Inc.
Committee on Corporations recommends passage in concurrence.
40. (03-S898) An Act relating to taxation - Pawtucket.
Committee on Corporations recommends passage in concurrence.
LOUIS D'ANTUONO
Clerk of the House
Wednesday, April 9, 2003
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