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.52 |
Wednesday, May 21, 2003 |
Fifty-second Day |
The House of Representatives meets at the State House in Providence, Wednesday, May 21, 2003, and is called to order at 4:12 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 3 members absent as follows:
PRESENT - 71: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Faria, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Harwood, Jacquard, Kennedy, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.
ABSENT - 3: Representatives Flaherty, Kilmartin, Palumbo.
INVOCATION
The Honorable Speaker presents Representative Rose, 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 20, 2003, is approved as printed.
ANNOUNCEMENT
In conjunction with the many patriotic events and ceremonies on Memorial Day, a scale model of the Rhode Island WWII Memorial will be on display for public viewing in the State House Rotunda between the hours of 10:00 a.m. and 6:00 p.m. Also, on display will be a Limited Coin Collector's Edition showing the 45 important events of the War, from the attack on Pearl Harbor to the VJ Day signing aboard the Battleship Missouri. The legislator's parking lot and nearby streets will be available for free parking to the public.
GUESTS
At 4:15 o'clock P.M. the Honorable Speaker yields the rostrum to Representative Williams in regard to Latino Day on the Hill.
By unanimous consent, Representative Williams addresses the members of the House and welcomes to the House Yahaira Placencia and Edwin Cancel and presents them with citations.
Representative Williams also welcomes to the House Chambers the following Yvette Mendez, Vanessa Toledo, Deborah Correia, Johanna Petrarca, Dilania Inoa, Delia Rodriguez, Ernesto Figueroa, Julio Perez, Ricardo Patino, Luis Ferrero, Yilena Barios, Margarita M. Guedes, Jhomphy Ventura, Adriana I. Dawson, Mauricio Ottich, Violeta A. Maury, Liseth Rincon, Alejandro Ottich, Doina Abukarma, Azelia Terreiro, Betty Bernal, Maryelyn Acevedo, Eulogio Acevedo, Esmeralda San Andres, Roxanna Parra, Melba Depena, Jerry Rosario, Lydia E. Perez, Elico Moguica, Teury Y. Marte, Miguel Rojas, Norelys R. Consuega, Wendy Del Carmen and Yocaste M. Mendez.
At 4:22 o'clock P.M. the Honorable Speaker returns to the rostrum and thanks Representatives Tejada and Williams for organizing Latino Day on the Hill.
The Honorable Speaker Murphy also welcomes to the House Jorge Sanchez de Lozada.
Also:
The Honorable Speaker Murphy welcomes to the House Chambers as guests Representative Gorham's parents Bradford and Diann Gorham, his wife Roseanna Gorham, and his son Austin S. Gorham.
Also:
Representative McHugh welcomes to the House Chambers as a guest the Honorable Richard "Rippy" Serra, Charlestown Town Council, Chairman of Charlestown Town Democratic Committee.
Also:
Representative Enos announces the 1st, 2nd and 3rd grade classes of Nonquit School in Tiverton visited the State House today.
ANNOUNCEMENT
Representative Giannini wishes Representative Slater a very Happy Birthday.
REPORT OF COMMITTEE
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 6212) An Act relating to highways - construction and maintenance of state roads.
Received and referred to the Committee on Finance.
(03-H 6290) An Act relating to Cranston and Warwick road striping.
Received and referred to the Committee on Finance.
COMMUNICATION FROM THE SENATE
A message from the Honorable Senate transmits with announcement of passage, of the following measures:
(03-S 288 as amended) An Act relating to commercial law - credit card lending.
Read and referred to the Committee on Corporations.
(03-S 669) An Act relating to businesses and professions - telephone sales solicitation act.
Read and referred to the Committee on Corporations.
(03-S 1091) An Act exempting from taxation the real, mixed and personal property of the Darlington Braves, Inc. of Pawtucket.
Read and referred to the Committee on Corporations.
(03-S 134) (Substitute "A" as amended) An Act relating to criminal offenses - children.
Read and referred to the Committee on Judiciary.
(03-S 332) An Act relating to criminal procedure - preliminary proceedings in district courts.
Read and referred to the Committee on Judiciary.
(03-S 728) An Act relating to elections - ballot security and storage.
Read and referred to the Committee on Judiciary.
(03-S 739) An Act relating to criminal procedure - DNA detection of felony offenders.
Read and referred to the Committee on Judiciary.
(03-S 623) An Act relating to public property and works - labor and payment of debts by contractors.
Read and referred to the Committee on Labor.
(03-S 860) An Act relating to labor and labor relations - temporary disability insurance - benefits.
Read and referred to the Committee on Labor.
NEW BUSINESS
Representatives Gallison and Anguilla introduce (03-H 6455) House Resolution congratulating Richard R. Reynolds, Jr. on attaining the rank of Eagle Scout, Troop 6 - Bristol.
Representative Gallison requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Gallison, seconded by Representative Anguilla, and by unanimous consent, on a voice vote.
Representatives Gallison and Anguilla introduce (03-H 6456) House Resolution congratulating Matthew B. Ayres on attaining the rank of Eagle Scout, Troop 6 - Bristol.
Representative Gallison requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Gallison, seconded by Representative Anguilla, and by unanimous consent, on a voice vote.
Representatives Gallison and Anguilla introduce (03-H 6457) House Resolution congratulating John Matthew Vittoria on attaining the rank of Eagle Scout, Troop 2 - Bristol.
Representative Gallison requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Gallison, seconded by Representative Anguilla, and by unanimous consent, on a voice vote.
Representatives Fox and Watson introduce (03-H 6458) 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.
Representative Ginaitt introduces (03-H 6459) An Act relating to health and safety - emergency medical transportation services.
Read and referred to the Committee on Finance.
Representative Lewiss introduces (03-H 6460) An Act relating to animals and animal husbandry.
Read and referred to the Committee on Health, Education and Welfare.
CALENDAR
From the Calendar are taken:
Majority Leader Fox requests, with the agreement of the Majority and the Minority, #5 (03-S 127) on today's Calendar, be taken up next.
There is no objection.
5. (03-S127) An Act relating to solemnization of marriages.
Committee on Judiciary recommends passage in concurrence.
Representative Menard moves passage of the act, seconded by Representatives Williams, Fox, Carter, Benson, Faria, Brien, Tejada, Moran, Shavers, Cerra, Ginaitt, Reilly, Coderre, Enos, Moura, Laroche, Landroche, Malik, Corvese, Almeida, Amaral, Trillo and San Bento.
By unanimous consent, Representative Menard, seconded by Representative Williams, Fox, Carter, Benson, Faria, Brien, Tejada, Moran, Shavers, Cerra, Ginaitt, Reilly, Coderre, Enos, Moura, Laroche, Landroche, Malik, Corvese, Almeida, Amaral, Trillo and San Bento, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(03-S 127)
Mr. Speaker:
I hereby move to amend (03-S 127) entitled "AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES" as follows:
On page 1, between lines 5 and 6 insert the following language:
"SECTION 2. Notwithstanding any other general or special law to the contrary, M. Robert Markowitz of Newton Square, Pennsylvania, may join Vera Marie Tovino and George Joseph Halter, III in marriage at a place within the city of Newport on September 27, 2003.
M. Robert Markowitz is hereby authorized and empowered to join the foregoing persons in marriage pursuant to and in accordance with chapter 15-3 of the general laws, entitled "Solemnization of Marriages."
SECTION 3. Notwithstanding any other general or special law to the contrary, Raymond Tiberio of 133 Federal Street, Blackstone, Massachusetts, may join Andrea Donnelly and Pasqualino Pannone in marriage at a place within the town of Bristol on August 15, 2003.
Raymond Tiberio is hereby authorized and empowered to join the foregoing persons in marriage pursuant to and in accordance with chapter 15-3 of the general laws, entitled "Solemnization of Marriages."
SECTION 4. Notwithstanding any other general or special law to the contrary, Richard J. Hiller of New York, NY, may join Chimene I. Keitner and Ram A. Fish in marriage at a place within the state of Rhode Island on or about September 13, 2003.
Richard J. Hiller is hereby authorized and empowered to join the foregoing persons in marriage pursuant to, and in accordance with, chapter 15-3 of the general laws, entitled "Solemnization of Marriages."
SECTION 5. Notwithstanding any other general or special law to the contrary, Representative Maxine Shavers may join Jo-Ann Cabral and William Henry Bradford III in marriage at a place within the city of Newport on or about July 27, 2003.
Representative Shavers is hereby authorized and empowered to join the foregoing persons in marriage pursuant to and in accordance with chapter 15-3 of the general laws entitled "Solemnization of Marriages."
SECTION 6. Notwithstanding any other general or special law to the contrary, Charles Alberti, a retired judge from Williamstown, Massachusetts, may join Jennifer Walsh and Gordon Singer in marriage at a place within the city of Newport on or about May 24, 2003.
Charles Alberti is hereby authorized and empowered to join the foregoing persons in marriage pursuant to and in accordance with chapter 15-3 of the general laws, entitled "Solemnization of Marriages."
SECTION 7. Notwithstanding any other general or special law to the contrary, the Honorable Vincent C. Westra, Chief Judge of the Eight District Court in Kalamazoo County, Michigan, may join Alyssa Mankowsky and Todd Jones in marriage at a place within the city of Newport on June 21, 2003.
Judge Westra is hereby authorized and empowered to join the foregoing persons in marriage pursuant to and in accordance with chapter 15-3 of the general laws, entitled "Solemnization of Marriages." "
On page 1, line 6, by deleting the number "2" and inserting in its place thereof the number "8".
Respectfully submitted,
RENE R. MENARD
Representative, District 45
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, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Faria, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Lally, Landroche, Laroche, Lewiss, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson.
NAYS - 0.
Read and passed, as amended, on a roll call vote, 63 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 63: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Faria, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Lally, Landroche, Laroche, Lewiss, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson.
NAYS - 0.
Majority Leader Fox requests, with the agreement of the Majority and the Minority, #1 (03-H 5081 as amended) on tomorrow's Calendar, be taken up next.
There is no objection.
1. (03-H5081 as amended) Joint Resolution to approve and publish and submit to the electors a proposition of amendment to the Constitution of the State (separation of powers).
Committee on Separation of Powers recommends passage as amended.
Representative Coderre moves passage of the resolution, seconded by Representatives Fox, Lima, Carter, Sherlock, Crowley, Handy, Giannini, Menard, Gallison, Aubin, Benson, Brien, Picard, Williamson, Caprio, Lowe, Shavers, Cerra, Lewiss, Reilly, San Bento, Kennedy, Ginaitt, Wasylyk, Almeida, Rose, Anguilla, McNamara, Malik, Corvese, Williams, Montanaro, Landroche, Laroche, Moura, Enos, Gorham, Mumford, Moffitt, Trillo, Savage, Story, Callahan, Long, McManus, Amaral and Shanley.
Representatives Anguilla, Crowley, Lima, Slater, Dennigan, Moffitt, Trillo, Gorham, Watson, Moura, Long, Lowe and Fox discuss the resolution.
Representative Story requests the Committee Report be put into the record.
There is no objection.
COMMITTEE REPORT
HOUSE SEPARATION OF POWERS
This report addresses certain proposed changes to the Gorham bill (2003-H 5081) which were discussed and approved at the House Separation of Powers Committee on May 20, 2003.
The committee wiches to make clear that the amendments to the Gorham bill, particularly those found in Article 6, Section 2 of the Constitution, are not intended to change and should not be construed as changing the ability of the General Assembly to delegate legislative powers to the Executive Branch in accordance with existing law, nor to change or affect any existing authority delegated to administrative agencies by the General Assembly. The purpose is to assure reviewing courts that the legislature retains all legislative powers.
ELAINE CODERRE
Chair, House Separation of
Powers Committee
Read and passed, as amended, on a roll call vote, 71 members voting in the affirmative and 1 member voting in the negative as follows:
YEAS - 71: The Honorable Speaker Murphy and Representatives Ajello, Almeida, 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, 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.
NAYS - 1: Representative Faria.
1. (03-H6111) (Substitute "A" as amended) An Act relating to businesses and professions - nurses.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A"..
Read, and by unanimous consent, ordered to be placed on the Calendar for Tuesday, May 27, 2003.
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 Tuesday, May 27, 2003.
3. (03-H5409) An Act relating to banking law - dishonored checks.
Committee on Corporations recommends passage.
Representative Enos moves passage of the act, seconded by Representative San Bento.
By unanimous consent, Representative Enos, seconded by Representative San Bento, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(03-H 5409)
Mr. Speaker:
I hereby move to amend (03-H 5409) entitled "AN ACT RELATING TO BANKING LAW - DISHONORED CHECKS" as follows:
On page 2, by deleting lines 8 through 11 inclusive.
Respectfully submitted,
WILLIAM ENOS
Representative, District 71
Representatives Jacquard and Enos discuss the amendment.
NOW PRESIDING
At 5:23 o'clock P.M. the Honorable Speaker Murphy yields the rostrum to the Honorable Deputy Speaker Winfield.
CALENDAR
The motion to amend is read and prevails on a roll call vote, 52 members voting in the affirmative and 3 members voting in the negative as follows:
YEAS - 52: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coogan, Corvese, Dennigan, Enos, Faria, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Landroche, Laroche, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moura, Mumford, Naughton, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shavers, Sherlock, Smith, Story, Trillo, Voccola, Watson, Williamson.
NAYS - 3: Representatives Jacquard, Moran, Scott.
Read and passed, as amended, on a roll call vote, 52 members voting in the affirmative and 3 members voting in the negative as follows:
YEAS - 52: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coogan, Corvese, Dennigan, Enos, Faria, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moura, Mumford, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shavers, Sherlock, Smith, Story, Trillo, Voccola, Watson, Williamson.
NAYS - 3: Representatives Jacquard, Moran, Scott.
4. (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".
Read and passed, on motion of Representative Dennigan seconded by Representatives Rose, Sherlock and Faria, and by unanimous consent, on a voice vote.
Minority Leader Watson requests to remove item 1, and items 3-9 on the Consent Calendar for tomorrow, to the regular Calendar.
There is no objection.
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 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 not meet tomorrow, the Calendar for tomorrow will be moved to next Tuesday, May 27, 2003.
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:
Majority Leader Fox requests leave of the House to take tomorrow off.
There is no objection.
CALENDAR
On suggestion of Majority Leader Fox, and by unanimous consent, the Calendars for tomorrow are continued to Tuesday, May 27, 2003.
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 5:34 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 HENRY C. ROSE
Heavenly Father, look with favor on our deliberation and assist us by your grace to do what is just and wise. Amen.
Appendix
CONSENT CALENDAR
In order for Tuesday, May 27, 2003:
1. (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.
LOUIS D'ANTUONO
Clerk of the House
Wednesday, May 21, 2003
Appendix
CALENDAR
In order for Tuesday, May 27, 2003:
1. (03-H6111) (Substitute "A" as amended) An Act relating to businesses and professions - nurses.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A"..
2. (03-H6090) An Act relating to motor and other vehicles - traffic stops statistics.
Committee on Judiciary recommends passage.
3. (03-S452) An Act relating to criminal offenses - assaults.
Committee on Judiciary recommends passage in concurrence.
4. (03-S587) An Act relating to state affairs and government - open meetings.
Committee on Judiciary recommends passage in concurrence.
5. (03-S663) An Act relating to criminal offenses - impersonation and identity fraud.
Committee on Judiciary recommends passage in concurrence.
6. (03-H5850) An Act relating to businesses and professions - athlete agents.
Committee on Corporations recommends passage.
7. (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".
8. (03-H6375) (Substitute "A") An Act exempting from taxation the real, mixed and personal property of Welcome House of South County.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
9. (03-H5808) (Substitute "A") An Act relating to statutes and statutory construction.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".
10. (03-S249) (Substitute "A" as amended) An Act relating to motor vehicle offenses.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A" as amended in concurrence.
11. (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.
12. (03-S970) An Act to vacate the forfeiture or revocation of the charter of American Woodworking, Inc.
Committee on Corporations recommends passage in concurrence.
13. (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.
14. (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.
15. (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.
16. (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.
17. (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.
18. (03-S1017) An Act to vacate the forfeiture or revocation of the charter of Bayrose, LLC.
Committee on Corporations recommends passage in concurrence.
Appendix
CALENDAR
In order for Thursday, May 29, 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.
LOUIS D'ANTUONO
Clerk of the House
Wednesday, May 21, 2003
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