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.50 Thursday, May 15, 2003 Fiftieth Day


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.

The House of Representatives meets at the State House in Providence, Thursday, May 15, 2003, and is called to order at 4:08 o'clock P.M., by the Honorable William J. Murphy, Speaker.

The roll is called and a quorum is declared present with 68 members present and 6 members absent as follows:

PRESENT - 68: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Harwood, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

ABSENT - 6: Representatives Amaral, Faria, Naughton, Reilly, Sherlock, Slater.

INVOCATION


The Honorable Speaker presents Representative Ginaitt, 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, May 14, 2003, is approved as printed.

ANNOUNCEMENT


Representative Naughton will be out of town attending a conference and will be unable to attend session today, May 15, 2003.




COMMUNICATION FROM THE SENATE


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

(03-S 213) (Substitute "A") An Act relating to taxation - property subject to taxation.

Read and referred to the Committee on Corporations.

(03-S 1029) An Act relating to fixing the date and time for holding the annual town meeting in Jamestown.

Read and referred to the Committee on Corporations.

(03-S 1039) An Act in amendment of an act passed at the January session, 1937, entitled "An Act to incorporate the Shelter Harbor Fire District," approved April 27, 1937, as amended at the January session, 1950, approved April 25, 1950.

Read and referred to the Committee on Corporations.

(03-S 810) (Substitute "A") An Act relating to businesses and professions - Board of Medical Licensure and Discipline.

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

(03-S 1034) An Act relating to motor and other vehicles - operators' and chauffeurs' licenses.

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

REPORTS OF COMMITTEES
TRANSFER OF BILLS


Representative Costantino, for the Committee on Finance, reports back the following measure, with recommendation of transfer to the Committee on Veterans' Affairs:

(03-H 5038) House Resolution creating a special House commission to study the feasibility of constructing a new wing on the Veterans Home in Bristol.

Received and referred to the Committee on Veterans' Affairs.

Representative Flaherty, for the Committee on Judiciary, reports back the following measure, with recommendation of transfer to the Committee on Health, Education and Welfare:

(03-S 660) An Act relating to education - health and safety of pupils.

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 825) An Act validating and ratifying an amendment to the charter of the town of North Smithfield.

Received and ordered to be placed on the Consent Calendar.

(03-S 924) An Act relating to validating and ratifying amendments to the home rule charter of the town of Middletown.

Received and ordered to be placed on the Consent Calendar.

(03-S 970) An Act to vacate the forfeiture or revocation of the charter of American Woodworking, Inc.

Received and ordered to be placed on the Consent Calendar.

(03-S 990) An Act to vacate the forfeiture or revocation of the charter of Best Monte Vista Motor Inn, Inc.

Received and ordered to be placed on the Consent Calendar.

(03-S 991) An Act to vacate the forfeiture or revocation of the charter of Pt. Judith Medical Laboratories, Inc.

Received and ordered to be placed on the Consent Calendar.

(03-S 994) An Act to vacate the forfeiture or revocation of the charter of R.A. Bernard Enterprises, Inc.

Received and ordered to be placed on the Consent Calendar.

(03-S 1000) An Act to vacate the forfeiture or revocation of the charter of Blue Dory Resorts, Inc.

Received and ordered to be placed on the Consent Calendar.

(03-S 1016) An Act to vacate the forfeiture or revocation of the charter of Block Island Anchor House Inn, Inc.

Received and ordered to be placed on the Consent Calendar.

(03-S 1017) An Act to vacate the forfeiture or revocation of the charter of Bayrose, LLC.

Received and ordered to be placed on the Consent Calendar.

COMMITTEE ON JUDICIARY


Representative Flaherty, for the Committee on Judiciary, reports back the following measures, with recommendation of passage:

(03-S 452) An Act relating to criminal offenses - assaults.

Received and ordered to be placed on the Calendar.

(03-S 587) An Act relating to state affairs and government - open meetings.

Received and ordered to be placed on the Calendar.

(03-S 663) An Act relating to criminal offenses - impersonation and identity fraud.

Received and ordered to be placed on the Calendar.

NEW BUSINESS


Representatives Anguilla, Malik and Gallison introduce (03-H 6447) House Resolution congratulating Domenic N, "Zip" Raiola on being selected the La Bella Sicilia Man of the Year.

Representative Anguilla requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Anguilla, seconded by Representatives Malik, Corvese, Enos, Lally and Montanaro, and by unanimous consent, on a voice vote.

Representatives Fox and Watson introduce (03-H 6448) House Resolution commending the Republic of China (Taiwan) on its contributions to promote world health.

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 Lewiss, Kennedy, McHugh, Cerra and Shavers introduce (03-H 6449) House Resolution memorializing the United States Congress to name the Sunday prior to Memorial Day Weekend as "Neighbor Day".

Representative Lewiss requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Lewiss, seconded by Representatives Benson, Carter and McHugh, and by unanimous consent, on a voice vote.

Representatives Murphy, Fox, Watson, Menard and Lima introduce (03-H 6450) House Resolution expressing condolences on the passing of Rhode Island State Representative Stephen J. Anderson.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Fox, seconded by Representatives Crowley, Flaherty, Wasylyk, Lewiss, Cerra, San Bento, Shavers, Kennedy, Ginaitt, Carter, Scott, Trillo, Petrarca, Giannini, McHugh, Lima, Handy, Fox, Benson, Aubin, Gallison, Menard, McCauley, Caprio, Moran, Tejada, Picard, Schadone, Jacquard, Costantino, Lowe, Almeida, Rose, Dennigan, Anguilla, Corvese, Coderre, Malik, McNamara, Harwood, Montanaro, Williams, Ajello, Landroche, Moura, Laroche, Enos, Lally, Shanley, McManus, Long, Watson, Williamson, Winfield, Amaral, Story, Savage, Moffitt, Mumford, Gorham and Callahan, and by unanimous consent, on a rising vote.

Representatives Fox, Montanaro, Watson, Crowley, Giannini, McNamara, Lewiss and Long discuss the resolution.

(For resolution, see Appendix, this Journal.)

Representative Lewiss introduces (03-H 6451) An Act relating to animals and animal husbandry.

Read and referred to the Committee on Judiciary.

Representative Flaherty introduces (03-H 6452) An Act relating to courts and civil procedure - clerks of Supreme and Superior Courts.

Read and referred to the Committee on Judiciary.

Representative Lowe introduces (03-H 6453) An Act authorizing the town of North Smithfield to acquire the property, assets and personnel of the North Smithfield Fire and Rescue Service, Inc. in order to establish a new municipal fire department.

Read and referred to the Committee on Judiciary.

CALENDAR


On suggestion of Majority Leader Fox, and by unanimous consent, the Calendar for today is continued to Tuesday, May 20, 2003 in respect to the passing of Representative Stephen J. Anderson.

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 Williamson announces that the Joint Committee on Highway Safety will meet today at the rise of the House in the House Lounge of the State House.

Also:

Deputy Speaker Winfield announces that Michael Flynn is recovering nicely.

TRANSMITTAL


By unanimous consent, all matters on the Clerk's desk are ordered to be transmitted to the Honorable Secretary of State, and to the Honorable Senate forthwith.

ADJOURNMENT


At 4:45 o'clock P.M. on motion of the Honorable Speaker Murphy and Majority Leader Fox, and as a further mark of respect to the memory of Representative Stephen Anderson, seconded by Minority Leader Watson and Representatives Handy, Amaral, Long, Trillo, Moffitt, Smith, Savage, Mumford, Shanley, Ajello, Corvese, Landroche, Jacquard, McManus, Story, McHugh, Schadone, Lowe, Costantino, Menard, Tejada, Aubin, Benson, Gallison, Carter, Petrarca, Lima, Scott, Amaral, Gorham, Malik, Callahan, Laroche, Rose, Almeida, Dennigan, Anguilla, Coogan, McNamara, Flaherty, Wasylyk, Giannini, Winfield, DeSimone, Cerra, Lewiss, Shavers, Moran, Kennedy, Montanaro, Caprio, Williams, Lally, Enos, Scott, Picard, San Bento and Ginaitt, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION

REPRESENTATIVE PETER T. GINAITT


Dear Colleagues:



Today is a very sad day for all of us. We lost our colleague and friend Stephen Anderson.

It is very difficult for me, especially since we shared our office for many years. We shared many happy and eventful moments, and he will be sadly missed.

Several months ago he mentioned that he was going to Chair Education Accountability and that please him immensely, since education was his life.

He was so excited to share this, since he could finally implement his forte as a teacher. There was one issue; he did not want to go to the Education Accountability office because he wanted to stay with Ann Marie and myself. We shared a great working relationship and most of all, a cherished friendship that will stay in our hearts forever. Steve was always even-kiel, and as Ann Marie said - he was the salt of the earth.

Our deepest sympathy goes out to his wife Rita and children Christopher, Jeremy and Jill, and to his mother Evelyn, who came with him to session every day and took pride in watching her son serve the people of his District and the State of Rhode Island.

Appendix


(03-H 6450)

HOUSE RESOLUTION

EXPRESSING CONDOLENCES ON THE
PASSING OF RHODE ISLAND STATE REPRSENTATIVE STEPHEN J. ANDERSON


Whereas, It is with deep regret and sadness that we must accept the passing of our colleague, Representative Stephen J. Anderson. Representative Anderson, 54, was the beloved husband of Rita Burnham, and the devoted father of Christopher, Jeremy and Jill Anderson; and

Whereas, Representative Anderson, a graduate of Coventry High School, attended Roger Williams University and received his undergraduate degree from Rhode Island College in 1972. He did graduate work in education and administration; and

Whereas, An outstanding educator, Representative Anderson played a leading role in the development of the Rhode Island Teaching and Learning Center and the Once Upon A Time Pre-School Reading Program which he initiated to help improve the literacy skills of youngsters as they entered Kindergarten. As a teacher of Geography in the Exeter/ West Greenwich School system, his students were the beneficiaries of an abiding dedication to excellence. He earned their respect and admiration which they displayed by twice dedicating their yearbook in his honor; and

Whereas, As a member of the Rhode Island House of Representatives since 1989, Stephen Anderson was held in high esteem by his colleagues for his intelligent yet thoughtful approach to issues and the effective way in which he represented his constituents. He was actively involved in education issues including State Aid to Education and teacher standards. As a result of his continuing efforts to promote teacher standards, Rhode Island became the leader among New England states in NBPTS certification; and

Whereas, Representative Anderson served as Chairman of the House Committee on Education Accountability and as a member of the House Committee on Health, Education and Welfare during the current legislative session. He had previously served as Chairman of the Joint Committee on Water Resources, the National Board for Teacher Certification, and the Legislative Commission to Study Development Impact Fees in the State. He served as a member of the House Committee on Labor, the Children's Code Commission, and the Mobile Home Commission. He was a participant in the Rhode Island Legacy Program and the Rhode Island Geographical Alliance; and

Whereas, After retiring from teaching, Representative Anderson became the Liaison to Field Studies at Rhode Island College's Feinstein School of Education and Human Development Office of Clinical Experiences; and

Whereas, Steve Anderson's integrity, sincerity, and good nature enriched the lives of all who knew him. His kind heart and quiet strength extended into his family, his community and his work. Steve will be sorely missed by the entire legislature and staff of the Rhode Island State House; now, therefore be it

Resolved, That this House of Representatives of the State of Rhode Island and Providence Plantations hereby expresses our deepest sympathies to the Anderson family on the untimely passing of Representative Stephen J. Anderson. He will forever be remembered by this membership, the citizens of District 29 and the entire State of Rhode Island; and be it further

Resolved, That the Secretary of State be and he is hereby authorized and directed to transmit a duly certified copy of this resolution to the family of the Honorable Stephen J. Anderson.

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.

Appendix



CONSENT CALENDAR




In order for Thursday, May 22, 2003:

1. (03-S825) An Act validating and ratifying an amendment to the charter of the town of North Smithfield.

Committee on Corporations recommends passage in concurrence.

2. (03-S924) An Act relating to validating and ratifying amendments to the home rule charter of the town of Middletown.

Committee on Corporations recommends passage in concurrence.

3. (03-S970) An Act to vacate the forfeiture or revocation of the charter of American Woodworking, Inc.

Committee on Corporations recommends passage in concurrence.

4. (03-S990) An Act to vacate the forfeiture or revocation of the charter of Best Monte Vista Motor Inn, Inc.

Committee on Corporations recommends passage in concurrence.

5. (03-S991) An Act to vacate the forfeiture or revocation of the charter of Pt. Judith Medical Laboratories, Inc.

Committee on Corporations recommends passage in concurrence.

6. (03-S994) An Act to vacate the forfeiture or revocation of the charter of R.A. Bernard Enterprises, Inc.

Committee on Corporations recommends passage in concurrence.

7. (03-S1000) An Act to vacate the forfeiture or revocation of the charter of Blue Dory Resorts, Inc.

Committee on Corporations recommends passage in concurrence.

8. (03-S1016) An Act to vacate the forfeiture or revocation of the charter of Block Island Anchor House Inn, Inc.

Committee on Corporations recommends passage in concurrence.

9. (03-S1017) An Act to vacate the forfeiture or revocation of the charter of Bayrose, LLC.

Committee on Corporations recommends passage in concurrence.

LOUIS D'ANTUONO
Clerk of the House
Thursday, May 15, 2003

Appendix



CALENDAR


In order for Tuesday, May 20, 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".

5. (03-H6071) An Act relating to food and drugs - uniform controlled substances act.

Committee on Health, Education and Welfare recommends passage.

6. (03-H6111) (Substitute "A" as amended) An Act relating to businesses and professions - nurses.

Ordered on the Calendar.

7. (03-H5844) An Act relating to towns and cities.

Committee on Health, Education and Welfare recommends passage.

8. (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-S452) An Act relating to criminal offenses - assaults.

Committee on Judiciary recommends passage in concurrence.

2. (03-S587) An Act relating to state affairs and government - open meetings.

Committee on Judiciary recommends passage in concurrence.

3. (03-S663) An Act relating to criminal offenses - impersonation and identity fraud.

Committee on Judiciary recommends passage in concurrence.

5. (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
Thursday, May 15, 2003



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