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.49 |
Wednesday, May 14, 2003 |
Forty-ninth Day |
The House of Representatives meets at the State House in Providence, Wednesday, May 14, 2003, and is called to order at 4:15 o'clock P.M., by the Honorable William J. Murphy, Speaker.
The roll is called and a quorum is declared present with 71 members present and 4 members absent as follows:
PRESENT - 71: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, 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, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.
ABSENT - 4: Representatives Almeida, Anderson, Faria, Harwood.
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, May 13, 2003, is approved as printed.
ANNOUNCEMENTS
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONSHOUSE OF REPRESENTATIVES
May 14, 2003
To the Honorable Secretary of State:
I have the honor to inform you that in accordance with the provisions of Section 23-19-6 of the Rhode Island General Laws, I have made the following appointment to the Rhode Island Resource Recovery Corporation. Permanent.
Representative John A. Savage
VICE
Representative Joan Quick
Sincerely,
WILLIAM J. MURPHY
Speaker
Also:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONSHOUSE OF REPRESENTATIVES
May 14, 2003
ANNOUNCEMENT
I have the honor to inform you that Representative Mary Cerra has been appointed to the Veterans Affairs Committee.
Sincerely,
WILLIAM J. MURPHY
Speaker
COMMUNICATION FROM THE SENATE
A message from the Honorable Senate transmits with announcement of passage, of the following measures:
(03-S 136) An Act relating to businesses and professions - health clubs.
Read and referred to the Committee on Corporations.
(03-S 226 as amended) An Act relating to taxation - property subject to taxation.
Read and referred to the Committee on Corporations.
(03-S 472 as amended) An Act relating to property - mortgage foreclosures.
Read and referred to the Committee on Corporations.
(03-S 981) An Act relating to taxation - property subject to taxation.
Read and referred to the Committee on Corporations.
(03-S 374) An Act relating to state affairs and government - pharmaceutical assistance to the elderly act.
Read and referred to the Committee on Finance.
(03-S 526) An Act relating to public officers and employees - federal old-age and survivors' insurance.
Read and referred to the Committee on Finance.
(03-S 777) (Substitute "A") An Act relating to monuments and memorials.
Read and referred to the Committee on Finance.
(03-S 957) An Act relating to taxation - Operation Stand Down Rhode Island.
Read and referred to the Committee on Finance.
(03-S 105) (Substitute "A" as amended) An Act relating to health and safety.
Read and referred to the Committee on Health, Education and Welfare.
(03-S 122) (Substitute "A") An Act relating to courts - judicial selection.
Read and referred to the Committee on Judiciary.
(03-S 236) (Substitute "A" as amended) An Act relating to state affairs and government - lobbying of state employees.
Read and referred to the Committee on Judiciary.
(03-S 240) (Substitute "A") An Act relating to boats - title.
Read and referred to the Committee on Judiciary.
(03-S 334) (Substitute "A") An Act relating to selection of jury.
Read and referred to the Committee on Judiciary.
(03-S 337) (Substitute "A") An Act relating to courts and civil procedure - jury lists.
Read and referred to the Committee on Judiciary.
(03-S 466) An Act relating to corporations, associations and partnerships - racketeer influenced and corrupt organizations.
Read and referred to the Committee on Judiciary.
(03-S 469) An Act relating to property - Residential Landlord Tenant Act.
Read and referred to the Committee on Judiciary.
(03-S 471) An Act relating to property - Residential Landlord and Tenant Act.
Read and referred to the Committee on Judiciary.
REPORTS OF COMMITTEES
COMMITTEE ON FINANCE
Representative Sherlock, for the Committee on Finance, reports back the following measure, with recommendation of passage:
(03-H 6058) (Substitute "A") House Resolution respectfully requesting the Director of the Rhode Island Department of Transportation and the Governor of the State of Rhode Island to study the feasibility of opening the Barton Street Train Station in the City of Pawtucket.
Received and ordered to be placed on the Calendar.
COMMITTEE ON JUDICIARY
Representative Flaherty, for the Committee on Judiciary, reports back the following measure, with recommendation of passage:
(03-S 127) An Act relating to solemnization of marriages.
Received and ordered to be placed on the Calendar.
NEW BUSINESS
Representatives Fox and Watson introduce (03-H 6445) 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.
Representatives McNamara and Carter introduce (03-H 6446) House Resolution congratulating LTC (Ret) Paul K. McNamara on his outstanding career and his retirement from Cranston High School East.
Representative McNamara requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative McNamara, seconded by Representatives Carter, Shanley, Lima and Fox, and by unanimous consent, on a voice vote.
TRANSMITTAL
By unanimous consent, all matters on the Clerk's desk are ordered to be transmitted to the Honorable Secretary of State forthwith.
CALENDAR
From the Calendar are taken:
1. (03-H5220) (Substitute "A" as amended) An Act relating to alcoholic beverages - regulation of sales.
Ordered on the Calendar.
Representative Brien moves passage of the act, seconded by Representatives Fox and Carter.
By unanimous consent, Representative Brien, seconded by Representatives Gallison, Lima, Picard, Montanaro, Rose, Savage and Laroche offers the following written motion to amend:
FLOOR AMENDMENT
TO
(03-H 5220) (Substitute "A" as amended)
Mr. Speaker:
I hereby move to amend (03-H 5220) (Substitute "A" as amended) entitled "AN ACT RELATING TO ALCOHOLIC BEVERAGES - REGULATION OF SALES" as follows:
On page 2, line 4, by deleting the underlined language: "be authorized to".
Respectfully submitted,
TODD R. BRIEN
Representative, District 50
The motion to amend is read and prevails on a roll call vote, 57 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 57: The Honorable Speaker Murphy and Representatives Ajello, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kilmartin, Landroche, Laroche, Lewiss, Lima, Long, Lowe, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Mumford, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Scott, Shavers, Sherlock, Slater, Story, Tejada, Trillo, Wasylyk, Williams, Williamson, Winfield.
NAYS - 0.
Representative Gorham, seconded by Representatives Fox, Brien and Carter, offers an oral amendment to the act.
The oral amendment to the act prevails on a roll call vote, 59 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 59: The Honorable Speaker Murphy and Representatives Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Long, Lowe, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Mumford, Naughton, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Slater, Story, Tejada, Trillo, Wasylyk, Williams, Williamson, Winfield.
NAYS - 0.
The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, on a roll call vote, 58 members voting in the affirmative and 3 members voting in the negative as follows:
YEAS - 58: The Honorable Speaker Murphy and Representatives Ajello, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Lowe, McCauley, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Mumford, Naughton, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Scott, Shavers, Sherlock, Slater, Story, Tejada, Trillo, Wasylyk, Williams, Williamson, Winfield.
NAYS - 3: Representatives Long, Moffitt, Shanley.
2. (03-H6090) An Act relating to motor and other vehicles - traffic stops statistics.
Committee on Judiciary recommends passage.
Read, and by unanimous consent, ordered to be placed on the Calendar for Wednesday, May 21, 2003.
3. (03-H6071) An Act relating to food and drugs - uniform controlled substances act.
Committee on Health, Education and Welfare recommends passage.
Read, and by unanimous consent, ordered to be placed on the Calendar for Tuesday, May 20, 2003.
4. (03-H6111) (Substitute "A" as amended) An Act relating to businesses and professions - nurses.
Ordered on the Calendar.
Read, and by unanimous consent, ordered to be placed on the Calendar for Tuesday, May 20, 2003.
5. (03-H5578) (Substitute "A") House Resolution creating a special legislative commission to study the simplification and clarification of the Rhode Island General Laws relating to public records.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".
Representative Ginaitt moves passage of the resolution, seconded by Representatives Naughton, Petrarca, Giannini and Cerra.
By unanimous consent, Representative Ginaitt, seconded by Representatives Ajello, Shavers, Naughton and Cerra, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(03-H 5578) (Substitute "A")
Mr. Speaker:
I hereby move to amend (03-H 5578) (Substitute "A") entitled "HOUSE RESOLUTION CREATING A SPECIAL HOUSE COMMISSION TO STUDY THE SIMPLIFICATION AND CLARIFICATION OF THE RHODE ISLAND GENERAL LAWS RELATING TO PUBLIC RECORDS" as follows:
(1) On page 1, by deleting lines 1 through 19.
(2) On page 2, by deleting lines 1 through 17.
(3) On page 1, by inserting in place thereof the following new language as a substitute for the deleted language:
"RESOLVED, That a special legislative commission be and the same is hereby created consisting of nineteen (19) members: three (3) of whom shall be from the house of representatives, not more than two (2) from the same political party, to be appointed by the Speaker of the House
; three (3) of whom shall be a member of the public, to be appointed by the Speaker of the House
; one (1) of whom shall be the secretary of state, or designee; one (1) of whom shall be the attorney general, or designee; one (1) of whom shall be the president of the AFL/CIO Labor Union, or designee; one (1) of whom shall be the president of the League of Cities and Towns, or designee; one (1) of whom shall be the chairperson of the University of Rhode Island, Department of Journalism, or designee; one (1) of whom shall be the chairperson of the Governor's Commission on Disabilities, or designee; one (1) of whom shall be the director of Common Cause, or designee; one (1) of whom shall be the executive director of the Rhode Island Coalition Against Domestic Violence, or designee; one (1) of whom shall be the president of the Rhode Island Press Association, or designee; one (1) of whom shall be the executive director of the Rhode Island Commission on Women or designee; one (1) of whom shall be a retired member of the judiciary appointed by the chief justice of the supreme court; one (1) of whom shall be the President of the Rhode Island Bar Association, or designee; and one (1) of whom shall have extensive knowledge in personal privacy issues, to be appointed by the Speaker of the House
.
The purpose of said commission shall be to study and review the Rhode Island general laws pertaining to access to public records. The commission shall examine any ambiguities or problems arising from the current law's language and propose recommendations that would further assist and fully provide members of the public with the important access they need and deserve in order to guarantee good government and preserve and protect the "public's right to know."
Forthwith upon passage of this resolution, the members of the commission shall meet at the call of the Speaker of the House
and organize and shall select from among the legislators a chairperson. Vacancies in said commission shall be filled in like manner as the original appointment.
The membership of said commission shall receive no compensation for their services.
All departments and agencies of the state shall furnish such advice and information, documentary and otherwise, to said commission and its agents as is deemed necessary or desirable by the commission to facilitate the purposes of this resolution.
The joint committee on legislative services is hereby authorized and directed to provide suitable quarters for said commission; and be it further
RESOLVED, That the commission shall report its findings and recommendations to the house of representatives on or before February 10, 2004 and said commission shall expire on April 13, 2004."
Respectfully submitted,
PETER T. GINAITT
Representative, District 22
The motion to amend is read and prevails 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, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Long, Lowe, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Mumford, Naughton, Petrarca, Picard, Rose, San Bento, Savage, Scott, Shanley, Shavers, Sherlock, Slater, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS - 0.
The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, 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, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Long, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Mumford, Naughton, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Slater, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS - 0.
6. (03-H5850) An Act relating to businesses and professions - athlete agents.
Committee on Corporations recommends passage.
Read, and by unanimous consent, ordered to be placed on the Calendar for Thursday, May 22, 2003.
7. (03-H5409) An Act relating to banking law - dishonored checks.
Committee on Corporations recommends passage.
Read, and by unanimous consent, ordered to be placed on the Calendar for Wednesday, May 21, 2003.
TRANSMITTAL
By unanimous consent, all matters on the Clerk's desk are ordered to be transmitted to the Honorable Senate forthwith.
ANNOUNCEMENTS
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.
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.
ADJOURNMENT
At 4:27 o'clock P.M. on motion of Representative Shanley, and as a further mark of respect to the memory of Gail Ainsworth, seconded by Representatives Fox and Watson, the House adjourns, on a unanimous rising vote.
LINDA McELROY
Recording Clerk
Appendix
INVOCATION
REPRESENTATIVE EILEEN S. NAUGHTON
Lord, may it be Thy will, not our own, which governs our deliberations this day.Amen.
Appendix
CONSENT CALENDAR
In order for Tuesday, May 20, 2003:
1. (03-H6300) An Act exempting from taxation the real, mixed and personal property of the Rhode Island Society of the Sons of the Revolution in Middletown.
Committee on Corporations recommends passage.
2. (03-H6217) An Act relating to motor vehicles - special registration plate - Coventry - police chief emeritus.
Committee on Corporations recommends passage.
3. (03-H6271) An Act relating to establishing the Westerly Municipal Land Trust.
Committee on Corporations recommends passage.
4. (03-H6273 as amended) An Act relating to the North Tiverton Fire District.
Committee on Corporations recommends passage as amended.
5. (03-H6299) An Act relating to cities and towns - exempting from taxation certain property of the Healing Co-Op, Inc.
Committee on Corporations recommends passage.
LOUIS D'ANTUONO
Clerk of the House
Wednesday, May 14, 2003
Appendix
CALENDAR
In order for Thursday, May 15, 2003:
1. (03-H5680) An Act relating to criminal offenses - weapons.
Committee on Judiciary recommends passage.
2. (03-H5282) An Act relating to alcoholic beverages - wholesale licenses.
Committee on Corporations recommends passage.
3. (03-H5459) An Act relating to education - the Rhode Island Student Investment Initiative.
Committee on Health, Education and Welfare recommends passage.
4. (03-H5745) (Substitute "A") An Act relating to indebtedness of towns and cities - municipal deficits.
Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A".
Appendix
CALENDAR
In order for Tuesday, May 20, 2003:
1. (03-H6071) An Act relating to food and drugs - uniform controlled substances act.
Committee on Health, Education and Welfare recommends passage.
2. (03-H6111) (Substitute "A" as amended) An Act relating to businesses and professions - nurses.
Ordered on the Calendar.
3. (03-H5844) An Act relating to towns and cities.
Committee on Health, Education and Welfare recommends passage.
4. (03-H5845) An Act relating to health and safety - establishing the sepsis information act.
Committee on Health, Education and Welfare recommends passage.
Appendix
CALENDAR
In order for Wednesday, May 21, 2003:
1. (03-H6090) An Act relating to motor and other vehicles - traffic stops statistics.
Committee on Judiciary recommends passage.
2. (03-H5409) An Act relating to banking law - dishonored checks.
Committee on Corporations recommends passage.
3. (03-H6058) (Substitute "A") House Resolution respectfully requesting the Director of the Rhode Island Department of Transportation and the Governor of the State of Rhode Island to study the feasibility of opening the Barton Street Train Station in the City of Pawtucket.
Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A".
4. (03-S127) An Act relating to solemnization of marriages.
Committee on Judiciary recommends passage in concurrence.
Appendix
CALENDAR
In order for Thursday, May 22, 2003:
1. (03-H5850) An Act relating to businesses and professions - athlete agents.
Committee on Corporations recommends passage.
Appendix
CALENDAR
In order for Tuesday, May 27, 2003:
1. (03-H6141) (Substitute "A") An Act relating to health and safety - fire safety code.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
LOUIS D'ANTUONO
Clerk of the House
Wednesday, May 14, 2003
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