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.54 Wednesday, May 28, 2003 Fifty-fourth Day


The House of Representatives meets at the State House in Providence, Wednesday, May 28, 2003, and is called to order at 4:28 o'clock P.M., by the Honorable William J. Murphy, Speaker.

The roll is called and a quorum is declared present with 72 members present and 2 members absent as follows:

PRESENT - 72: 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, 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, Naughton, Palumbo, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williamson, Winfield.

ABSENT - 2: Representatives Sherlock, Williams.

INVOCATION


The Honorable Speaker presents Representative Trillo, 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 27, 2003, is approved as printed.

GUESTS


The Honorable Speaker Murphy announces today is Civic Education Day at the State House, and thanks Representative Susan Story and Representative Paul Crowley who are members of the Commission.

The Honorable Speaker welcomes Michael Trofi to the House chambers. The Honorable Speaker congratulates all Essay Contest winners. The following Representatives congratulate essay winners from their districts:

Representative Handy, Lucas Henry, Age 10, Grade 4, Norwood Avenue Elementary School, and his teachers Mrs. J. Dos Santos and Dr. Dianne McAuley; Representative Shanley, Hayley Marshall, Age 10, Grade 4, Msgr. Matthew F. Clarke School, and her teacher Mrs. Kitts; Representative Petrarca, Rebecca Goldman, Age 11, Grade 5, Lincoln Central Elementary, and her teacher Miss Gallagher; Representative McManus, Katie Battistoni, Age 14, Grade 8, Lincoln Middle School, and her teacher Mrs. Azar; Representative Long, Brett Uttley, Age 12, Grade 7, Jamestown Lawn Avenue School, and his teacher Mrs. Goodyear; Honorable Speaker Murphy, Corrine B. Condon, Age 13, Grade 7, John F. Deering Middle School, and her teacher Mrs. Paulo; Representative Anguilla, Allison St. Vincent, Age 16, Grade 10, Mt. Hope High School, and her teacher Mrs. Leonard; Representative Amaral, Daniel Cochran, Grade 11, Portsmouth High School, and his teacher Mr. Marra; Representative Mumford, Emily Sibly, Grade 12, Scituate High School, and her teacher Ms. Grundt.

Also:

Representative Costantino introduces the following from the Providence Rotary Club:

Susan Fabrizio, President; John Connors, Chair, Board of Trustees; Deepak Vishnu, Secretary; Jerry Cannon, Board of Directors; Sheldon Sollosy, Past President; Tom Brady, Past President; and Jim Williams, Foundation Trustee.

Representative Costantino requests the West Warwick delegation to approach the rostrum so the Rotary Club can make a contribution to the Station Fire Fund.

At 4:44 o'clock P.M. the Honorable Speaker yields the rostrum to John Connors.

By unanimous consent, John Connors addresses the members of the House and donates $5,800.00 on behalf of the Providence Rotary Club to the Station Fire Fund.

At 4:45 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 6329) An Act relating to parking surcharges in the Providence parking district.

Received and referred to the Committee on Finance.

(03-H 6384) An Act relating to the indebtedness of towns and cities.

Received and referred to the Committee on Finance.

(03-H 6386) An Act relating to public utilities - 911 emergency telephone number act.

Received and referred to the Committee on Finance.

(03-H 6388) An Act relating to alcoholic beverages - retail licenses.

Received and referred to the Committee on Finance.

(03-H 6401) An Act relating to public utilities - water supply systems.

Received and referred to the Committee on Finance.

NEW BUSINESS


Representative Enos introduces (03-H 6468) An Act relating to solemnization of marriages.

Representative Enos requests unanimous consent for immediate consideration.

There is no objection.

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

NAYS - 0.

Representatives Benson, Carter, Aubin, Gallison and McHugh introduce (03-H 6469) House Resolution commemorating the 175th Anniversary of the founding of Quidnessett Baptist Church.

Representative Benson requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Benson, seconded by Representatives Carter, Aubin, Schadone and Shanley, and by unanimous consent, on a voice vote.

Representative Faria introduces (03-H 6470) An Act to vacate the forfeiture or revocation of the charter of Carnicaria International Meat Market, Inc.

Representative Faria requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Faria, seconded by Representative Moran, 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, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Faria, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Smith, Tejada, Trillo, Voccola, Watson, Williamson, Winfield.

NAYS - 0.

Representative Mumford introduces (03-H 6471) An Act relating to cities and towns - zoning.

Representative Mumford requests unanimous consent for immediate consideration.

There is no objection.

Representative Mumford, seconded by Representatives Trillo and Carter, moves passage of the act.

Representative Lewiss discusses the act.

Read and passed, 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, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Gorham, Handy, Harwood, Jacquard, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, 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, Smith, Tejada, Trillo, Voccola, Wasylyk, Watson, Williamson, Winfield.

NAYS - 0.

Representatives Carter, Moffitt, Montanaro, Brien and Gallison introduce (03-H 6472) An Act relating to Joint Committee on Naming State Constructions.

Read and referred to the Committee on Finance.

Representatives Menard, Moran, Lima, Giannini and Winfield introduce (03-H 6473) An Act relating to health and safety.

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

Representatives Callahan, Long and Shavers introduce (by request) (03-H 6474) An Act relating to taxation.

Read and referred to the Committee on Corporations.

Representatives Long, Shavers and Callahan introduce (03-H 6475) An Act relating to cities and towns - exempting from taxation property of the Newport, Rhode Island Young Men's Christian Association.

Read and referred to the Committee on Corporations.

Representatives Callahan, Long and Shavers introduce (by request) (03-H 6476) An Act relating to taxation - property subject to taxation.

Read and referred to the Committee on Corporations.

Representatives Lima and Shavers introduce (03-H 6477) An Act relating to taxation - tariff on certain goods purchased.

Read and referred to the Committee on Finance.

CALENDAR


From the Calendar are taken:

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, June 3, 2003.



2. (03-H6453) 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.

Committee on Judiciary recommends passage.

Representative Menard moves passage of the act, seconded by Representatives Shavers, Brien, Shanley, Flaherty, San Bento, Cerra, Lowe, Fox, Landroche, Laroche, Aubin, Benson and Carter.

Representatives Ajello, Shavers, Menard and Benson discuss the act.

Read and passed, on a roll call vote, 59 members voting in the affirmative and 5 members voting in the negative as follows:

YEAS - 59: The Honorable Speaker Murphy and Representatives Amaral, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Harwood, Jacquard, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McManus, McNamara, Menard, Moffitt, Moran, Mumford, Naughton, Palumbo, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shavers, Smith, Story, Trillo, Voccola, Wasylyk, Watson, Williamson, Winfield.

NAYS - 5: Representatives Ajello, Almeida, Benson, Handy, McHugh.

Representative Shanley requests the journal to reflect that if he had voted on (03-H 6453), he would have voted in the affirmative.

There is no objection.

Representative Moura requests the journal to reflect that if he had voted on (03-H 6453), he 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 the Honorable Secretary of State, and to the Honorable Senate forthwith.

ADJOURNMENT


At 4:57 o'clock P.M. on motion of Minority Leader Watson, and as a further mark of respect to the memory of Rosemary Pappagallo, seconded by Representatives Fox and Scott, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION

REPRESENTATIVE JOSEPH A. TRILLO


Lord, we have been sent to these positions of responsibility by the people. Make us mindful that we are their servants. Give us the wisdom and energy to serve them honestly and well. Amen.

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.

Appendix



CALENDAR


In order for Tuesday, June 3, 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-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".

Appendix



CALENDAR


In order for Thursday, June 5, 2003:

1. (03-H6090) An Act relating to motor and other vehicles - traffic stops statistics.

Committee on Judiciary recommends passage.

2. (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".

3. (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.

4. (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 28, 2003



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