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.58 Tuesday, June 10, 2003 Fifty-eighth Day


The House of Representatives meets at the State House in Providence, Tuesday, June 10, 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 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, 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, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

ABSENT - 3: Representatives Faria, Palumbo, Slater.

INVOCATION


The Honorable Speaker presents Representative Savage, 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, June 4, 2003, is approved as printed.

REPORTS OF COMMITTEES

COMMITTEE ON CORPORATIONS


Representative Kennedy, for the Committee on Corporations, reports back the following measures, with recommendation of passage:

(03-S 32) An Act relating to motor vehicles - special registration plate - Coventry - police chief emeritus.

Received and ordered to be placed on the Consent Calendar.

(03-S 34) An Act relating to the General Assembly permanent Joint Committee on naming all new buildings, bridges, edifices and other state constructions.

Received and ordered to be placed on the Consent Calendar.

(03-S 591) Joint Resolution declaring June as "Rivers Month" in the state of Rhode Island.

Received and ordered to be placed on the Consent Calendar.

(03-S 929) An Act relating to incorporation of the Dunns Corners Fire District.

Received and ordered to be placed on the Consent Calendar.

(03-S 944) An Act relating to establishing the Westerly Municipal Land Trust.

Received and ordered to be placed on the Consent Calendar.

(03-S 1004) An Act relating to taxation - levy and assessment of the local taxes.

Received and ordered to be placed on the Consent Calendar.

(03-S 143) (Substitute "A" as amended) An Act relating to indebtedness of towns and cities - municipal deficits.

Received and ordered to be placed on the Calendar.

(03-S 226 as amended) An Act relating to taxation - property subject to taxation.

Received and ordered to be placed on the Calendar.

COMMITTEE ON FINANCE


Representative Sherlock, for the Committee on Finance, reports back the following measure, with recommendation of passage:

(03-H 5069) (Substitute "A") An Act making revised appropriations for the support of the state for fiscal year ending June 30, 2003.

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 measure, with recommendation of passage:

(03-H 6391) An Act relating to education - Civic Education Commission.

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:

Nomination of Paul Suttell as Associate Justice of the Rhode Island Supreme Court.

Received and ordered to be placed on the Calendar.


COMMUNICATION FROM THE SENATE


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

(03-S 539) An Act relating to corporations, associations and partnerships - business corporations.

Read and referred to the Committee on Corporations.

(03-S 822) 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.

(03-S 826) An Act relating to cities and towns - exempting from taxation property of the Westerly, Rhode Island Young Men's Christian Association.

Read and referred to the Committee on Corporations.

(03-S 1006) An Act relating to towns and cities - town housing authority.

Read and referred to the Committee on Corporations.

(03-S 1037) 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.

(03-S 1073) (Substitute "A" as amended) An Act relating to businesses and professions - telecommunications.

Read and referred to the Committee on Corporations.

(03-S 1120) An Act to vacate the forfeiture or revocation of the charter of R.D. Angell Masonry Co., Inc.

Read and referred to the Committee on Corporations.

(03-S 49) (Substitute "A" as amended) An Act relating to campus security.

Read and referred to the Committee on Judiciary.

(03-S 80) (Substitute "A") An Act relating to criminal offenses.

Read and referred to the Committee on Judiciary.

(03-S 668) (Substitute "A" as amended) An Act relating to motor and other vehicles - safety responsibility violations - general provisions.

Read and referred to the Committee on Judiciary.

(03-S 673) (Substitute "A") An Act relating to criminal law - theft and disruption of telecommunications and community antenna television services.

Read and referred to the Committee on Judiciary.

(03-H 5949) (Substitute "A") An Act relating to food and drugs.

Read and ordered to be placed on the Calendar.

NEW BUSINESS


Representatives Rose, Savage and Dennigan introduce (03-H 6495) House Resolution congratulating Gary Dias on becoming the new High Sheriff for the state of Rhode Island.

Representative Rose requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Rose, seconded by Representatives Dennigan, Moran, Brien, McCauley, Menard, Enos, Savage, Story, Amaral and Cerra, and by unanimous consent, on a voice vote.

Representative Gorham introduces (03-H 6496) An Act to vacate the forfeiture or revocation of the charter of Foster Senior Housing, Inc.

Representative Gorham requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Gorham, seconded by Representatives Amaral and Sherlock, on a roll call vote, 52 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 52: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Corvese, Crowley, Dennigan, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Mumford, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Story, Trillo, Williamson, Winfield.

NAYS - 0.

Representative Mumford introduces (03-H 6497) House Resolution congratulating Stephen Jacobson on his retirement after more than 30 years of outstanding and dedicated service to the state of Rhode Island.

Representative Mumford requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Mumford, seconded by Representatives Moffitt, Rose, Anguilla and Sherlock, and by unanimous consent, on a voice vote.

Representatives Gorham, Savage, McManus, Moffitt and Reilly introduce (03-H 6498) House Resolution creating a special House commission to study the feasibility of statewide teacher contracts in the state of Rhode Island.

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

Representatives Lally, Anguilla, Shanley and Lewiss introduce (03-H 6499) An Act relating to property - mechanics' liens.

Read and referred to the Committee on Judiciary.

Representatives Amaral, Enos, Savage, Long and McManus introduce (by request) (03-H 6500) An Act relating to businesses and professions - solicitation by charitable organizations.

Read and referred to the Committee on Corporations.

Representative Brien introduces (03-H 6501) An Act relating to alcoholic beverages - retail licenses.

Read and referred to the Committee on Corporations.

Representative Coogan introduces (03-H 6502) An Act relating to solemnization of marriages.

Read and ordered to be placed on the Consent Calendar.

Representatives Anguilla and Gallison introduce (03-H 6503) House Resolution congratulating the Honorable Raymond Cordeiro and Oryann Lima on being named Chief Marshals of the 2003 Bristol Fourth of July Celebration and Parade.

Representative Anguilla requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Anguilla, seconded by Representatives Gallison, Enos and Amaral, and by unanimous consent, on a voice vote.

Representative Fox introduces (03-H 6504) House Resolution expressing condolences.

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 rising vote.

Representative Watson introduces (03-H 6505) Joint Resolution making an appropriation of $209.48 to pay the claim of Steven Burns, 26 Hanaford Drive, East Greenwich, R.I. 02818.

Read and referred to the Joint Committee on Accounts and Claims.

Representative Watson introduces (03-H 6506) An Act relating to towns and cities - creating the West Greenwich Water District.

Read and referred to the Committee on Corporations.

Representatives San Bento, Fox, Rose, Amaral and Enos introduce (03-H 6507) House Resolution proclaiming the month of June as Portuguese American Month in the state of Rhode Island.

Representative San Bento requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative San Bento, seconded by Representatives Rose, Enos, Anguilla, Williams, Savage, Trillo, Ginaitt, Flaherty and Benson, and by unanimous consent, on a voice vote.

CALENDAR


From the Calendar is taken:

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".

Read, and by unanimous consent, ordered to be placed on the Calendar for Thursday, June 12, 2003.

PERSONAL PRIVILEGE


By unanimous consent, Representative Almeida addresses the members of the House on a point of personal privilege in regard to a radio talk show.

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.

ANNOUNCEMENTS


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 Flaherty announces that the Committee on Judiciary will meet today at the rise of the House in Room 35 of the State House.

Also:

Representative Almeida announces that the Committee on Labor will meet today at the rise of the House in Room 201 of the State House.

Also:

Representative Williams announces her daughter, Heaven Nicole, is now five months old.

Also:

Representative Benson congratulates Representative Williams on being honored at a 23rd Labor Education Award Program. She is honored as President of the Labor Council of the Latin American Advancement in the LCIA.

DESK HELD OPEN


Representative Flaherty requests to hold the desk open.

There is no objection.

ADJOURNMENT


At 4:37 o'clock P.M. on motion of Representative Enos, and as a further mark of respect to the memory of Vera Nascimento; on motion of Representative Giannini, and as a further mark of respect to the memory of the Honorable Anthony Giannini, Sr.; on motion of Representative Cerra, and as a further mark of respect to the memory of Pasco DiBiasio; on motion of Representative Lima, and as a further mark of respect to the memory of Charles Haskell; seconded by Representatives Fox and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION

REPRESENTATIVE JOHN A. SAVAGE


Dear God, we are grateful for the privilege of serving in this House of Representatives. Keep us ever mindful that we are here to serve those who elected us and all of the people of Rhode Island. Amen.

Appendix



CONSENT CALENDAR


In order for Thursday, June 12, 2003:

1. (03-H5336) An Act relating to taxation - levy and assessment of local taxes.

Committee on Corporations recommends passage.

2. (03-H6288) An Act relating to animals and animal husbandry - dog licenses.

Committee on Corporations recommends passage.

3. (03-H6417 as amended) An Act relating to levy and assessment of local taxes.

Committee on Corporations recommends passage as amended.

4. (03-H6418) An Act relating to fixing the date and time for holding the annual town meeting in Jamestown.

Committee on Corporations recommends passage.

5. (03-H6441) An Act relating to taxation.

Committee on Corporations recommends passage.

6. (03-H6491) An Act relating to solemnization of marriages.

Ordered on the Consent Calendar.

7. (03-S821) An Act relating to taxation - property subject to taxation.

Committee on Corporations recommends passage in concurrence.

8. (03-S1035) An Act to vacate the forfeiture or revocation of the charter of Marrich Incorporated.

Committee on Corporations recommends passage in concurrence.

9. (03-S1061) An Act to vacate the forfeiture or revocation of the charter of Eastern Vision Group, Inc.

Committee on Corporations recommends passage in concurrence.

Appendix



CONSENT CALENDAR


In order for Tuesday, June 17, 2003:

1. (03-H6502) An Act relating to solemnization of marriages.

Ordered on the Consent Calendar.

2. (03-S32) An Act relating to motor vehicles - special registration plate - Coventry - police chief emeritus.

Committee on Corporations recommends passage in concurrence.

3. (03-S34) An Act relating to the General Assembly permanent Joint Committee on naming all new buildings, bridges, edifices and other state constructions.

Committee on Corporations recommends passage in concurrence.

4. (03-S591) Joint Resolution declaring June as "Rivers Month" in the state of Rhode Island.

Committee on Corporations recommends passage in concurrence.

5. (03-S929) An Act relating to incorporation of the Dunns Corners Fire District.

Committee on Corporations recommends passage in concurrence.

6. (03-S944) An Act relating to establishing the Westerly Municipal Land Trust.

Committee on Corporations recommends passage in concurrence.

7. (03-S1004) An Act relating to taxation - levy and assessment of the local taxes.

Committee on Corporations recommends passage in concurrence.

LOUIS D'ANTUONO
Clerk of the House
Tuesday, June 10, 2003

Appendix



CALENDAR


In order for Thursday, June 12, 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".

2. (03-H6090) An Act relating to motor and other vehicles - traffic stops statistics.

Committee on Judiciary recommends passage.

3. (03-H5282) An Act relating to alcoholic beverages - wholesale licenses.

Committee on Corporations recommends passage.

4. (03-H5890) An Act relating to children, youth and families - Children's Bill of Rights.

Committee on Finance recommends passage.

5. (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.

6. (03-S172) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage in concurrence.

7. (03-S175) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage in concurrence.

8. (03-S247) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage in concurrence.

9. (03-S544) An Act relating to taxation - levy and assessment of local taxes - Bristol.

Committee on Corporations recommends passage in concurrence.

10. (03-S547) An Act relating to taxation - levy and assessment of local taxes.

Committee on Corporations recommends passage in concurrence.

11. (03-S406) Joint Resolution proclaiming 2003 to be the "Year of the Woonasquatucket" in Rhode Island.

Committee on Corporations recommends passage in concurrence.

12. (03-S926) An Act relating to taxation.

Committee on Corporations recommends passage in concurrence.

13. (03-S1001) An Act relating to animals and animal husbandry - dog licenses.

Committee on Corporations recommends passage in concurrence.

14. (03-S1043) (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".

Appendix



CALENDAR


In order for Tuesday, June 17, 2003:

1. Nomination of Paul Suttell as Associate Justice of the Rhode Island Supreme Court.

Committee on Judiciary recommends that the House give its Advice and Consent to this nomination.

2. (03-H5069) (Substitute "A") An Act making revised appropriations for the support of the state for fiscal year ending June 30, 2003.

Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A".

3. (03-H5949) (Substitute "A") An Act relating to food and drugs.

Ordered on the Calendar.

4. (03-H6391) An Act relating to education - Civic Education Commission.

Committee on Health, Education and Welfare recommends passage.

5. (03-S143) (Substitute "A" as amended) An Act relating to indebtedness of towns and cities - municipal deficits.

Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A" as amended in concurrence.

6. (03-S226 as amended) An Act relating to taxation - property subject to taxation.

Committee on Corporations recommends passage as amended in concurrence.

LOUIS D'ANTUONO
Clerk of the House
Tuesday, June 10, 2003



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