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.59 Wednesday, June 11, 2003 Fifty-Ninth 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, Wednesday, June 11, 2003, and is called to order at 4:25 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, Fox, Gallison, Giannini, 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, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

ABSENT - 3: Representatives Faria, Flaherty, Ginaitt.

INVOCATION


The Honorable Speaker presents Representative Giannini, 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, June 10, 2003, is approved as printed.

ANNOUNCEMENT


Representative Victor Moffitt will be absent on June 12 and June 13 due to attending a business convention in Atlanta, Georgia.

GUESTS


At 4:30 o'clock P.M. the Honorable Speaker yields the rostrum to Representatives Lowe and Aubin.

By unanimous consent, Representative Lowe addresses the members of the House and welcomes to the House five Girl Scout Gold Award winners.

By unanimous consent, Representative Aubin addresses the members of the House and presents citations to the following Gold Award winners: Brittany Rousseau, Erin Boucher, Tia Silvestri, Heather Hopkins and Sarah Gautreau.

At 4:37 o'clock P.M. the Honorable Speaker returns to the rostrum.

COMMUNICATION FROM THE SENATE


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

(03-S 400) (Substitute "A") An Act relating to insurance - health maintenance organizations.

Read and referred to the Committee on Corporations.

(03-S 808) (Substitute "A") An Act relating to health and safety.

Read and referred to the Committee on Corporations.

(03-S 820) An Act relating to public utilities and carriers - Public Utilities Commission.

Read and referred to the Committee on Corporations.

(03-S 834) (Substitute "A" as amended) An Act relating to insurance - small employer health insurance.

Read and referred to the Committee on Corporations.

(03-S 930) (Substitute "A") An Act relating to the town of South Kingstown.

Read and referred to the Committee on Corporations.

(03-S 1015) An Act relating to dissolution of the Tiverton Board of Water Commissioners.

Read and referred to the Committee on Corporations.

(03-S 1030) An Act relating to towns and cities - Shannock Water District.

Read and referred to the Committee on Corporations.

REPORTS OF COMMITTEE
TRANSFER OF BILL


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

(03-H 5034) An Act relating to taxation - personal income tax.

Received and referred to the Committee on Veterans' Affairs.

COMMITTEE ON FINANCE


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

(03-H 5611) (Substitute "A") An Act relating to taxation.

Received and ordered to be placed on the Calendar.

(03-H 6033) An Act relating to towns and cities - relief of injured and deceased firefighters and police officers.

Received and ordered to be placed on the Calendar.

(03-S 149) Joint Resolution making an appropriation to pay certain veterans' bonuses.

Received and ordered to be placed on the Calendar.

(03-S 150) Joint Resolution making an appropriation to pay certain veterans' bonuses.

Received and ordered to be placed on the Calendar.

(03-S 370) An Act relating to towns and cities - relief of injured and deceased firefighters and police officers.

Received and ordered to be placed on the Calendar.

(03-S 390) An Act relating to health and safety.

Received and ordered to be placed on the Calendar.

(03-S 526) An Act relating to public officers and employees - federal old-age and survivors' insurance.

Received and ordered to be placed on the Calendar.

NEW BUSINESS


Representatives Carter and Scott introduce (03-H 6508) An Act relating to taxation - property subject to taxation.

Representative Carter requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Carter, seconded by Representative Scott, on a roll call vote, 54 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 54: The Honorable Speaker Murphy and Representatives Almeida, Amaral, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Costantino, Dennigan, DeSimone, Enos, Fox, Gallison, Giannini, Handy, Harwood, Kilmartin, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Mumford, Naughton, Palumbo, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Slater, Story, Tejada, Trillo, Watson, Winfield.

NAYS - 0.

Representatives Sherlock and Gallison introduce (03-H 6509) House Resolution honoring Claire Schleffer on her retirement from the Rhode Island Department of Mental Health, Retardation and Hospitals.

Representative Sherlock requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Sherlock, seconded by Representatives Carter, Gallison, Caprio, Shavers and Cerra, and by unanimous consent, on a voice vote.

Representatives Gallison, Anguilla and Malik introduce (03-H 6510) House Resolution congratulating Helen C. Barboza on her retirement after many years of outstanding service to the Bristol-Warren and Barrington school departments.

Representative Gallison requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Gallison, seconded by Representatives Malik, Aubin, Enos, Carter, Benson, Amaral and Story, and by unanimous consent, on a voice vote.

Representative Fox introduces (03-H 6511) 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 Caprio introduces (03-H 6512) An Act relating to solemnization of marriages.

Read and ordered to be placed on the Consent Calendar.

Representatives Gallison and Anguilla introduce (03-H 6513) An Act relating to towns and cities - relief of injured and deceased fire fighters and police officers.

Read and referred to the Committee on Corporations.

Representatives Rose and Coogan introduce (by request) (03-H 6514) Joint Resolution making an appropriation of $150.00 to pay the claim of David Leamy of 146 South Rose Street, East Providence, Rhode Island 02914.

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

Representative Fox introduces (03-H 6515) An Act to vacate the forfeiture or revocation of the charter of H&F Realty Corp.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Fox, seconded by Representative Menard, 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, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Winfield.

NAYS - 0.

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.

CALENDAR


Majority Leader Fox requests leave of the House, with the agreement of the Majority and the Minority, to take items 1 and 2 from the Calendar for Tuesday, June 17, 2003, and place them on tomorrow's Calendar.

There is no objection.

CONSENT CALENDAR


With the agreement of the Majority and the Minority, Majority Whip Menard requests items 1-6 from tomorrow's Consent Calendar be taken up next.

There is no objection.

From the Consent Calendar in order for Thursday, June 12, 2003 are taken:

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.

Read and passed, on motion of Majority Whip Menard, seconded by Minority Leader Watson, and by unanimous consent, on a voice vote.

CALENDAR


With the agreement of the Majority and the Minority, Representative Shanley requests item 14 (03-S 1043) on tomorrow's Calendar be taken up next.

There is no objection.

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".

Representative Shanley moves passage of the act, seconded by Representatives McHugh and Carter.

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, 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, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Fox, Gallison, Ginaitt, Gorham, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williamson, Winfield.

NAYS - 0.

TRANSMITTAL


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

ANNOUNCEMENT


Representative Kennedy announces that the Committee on Corporations will meet today at the rise of the House in Room 203 of the State House.

WELCOME BACK


Majority Leader Fox welcomes Representative Slater back to the House Chamber.

Representative Slater thanks everyone for their support, concern, prayers, cards and gifts.

ADJOURNMENT


At 4:49 o'clock P.M. on motion of Representative Savage, and as a further mark of respect to the memory of Sandra A. Saveory, seconded by Representatives Fox and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION

REPRESENTATIVE JOANNE M. GIANNINI


Lord, may it be Thy will, not our own, which governs our deliberations this day. Amen.

Appendix



CONSENT CALENDAR


In order for Thursday, June 12, 2003:

1. (03-S821) An Act relating to taxation - property subject to taxation.

Committee on Corporations recommends passage in concurrence.

2. (03-S1035) An Act to vacate the forfeiture or revocation of the charter of Marrich Incorporated.

Committee on Corporations recommends passage in concurrence.

3. (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.

Appendix



CONSENT CALENDAR


In order for Wednesday, June 18, 2003:

1. (03-H6512) An Act relating to solemnization of marriages.

Ordered on the Consent Calendar.

LOUIS D'ANTUONO
Clerk of the House
Wednesday, June 11, 2003

Appendix



CALENDAR


In order for Thursday, June 12, 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-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".

3. (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".

4. (03-H6090) An Act relating to motor and other vehicles - traffic stops statistics.

Committee on Judiciary recommends passage.

5. (03-H5282) An Act relating to alcoholic beverages - wholesale licenses.

Committee on Corporations recommends passage.

6. (03-H5890) An Act relating to children, youth and families - Children's Bill of Rights.

Committee on Finance recommends passage.

7. (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.

8. (03-S172) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage in concurrence.

9. (03-S175) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage in concurrence.

10. (03-S247) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage in concurrence.

11. (03-S544) An Act relating to taxation - levy and assessment of local taxes - Bristol.

Committee on Corporations recommends passage in concurrence.

12. (03-S547) An Act relating to taxation - levy and assessment of local taxes.

Committee on Corporations recommends passage in concurrence.

13. (03-S406) Joint Resolution proclaiming 2003 to be the "Year of the Woonasquatucket" in Rhode Island.

Committee on Corporations recommends passage in concurrence.

14. (03-S926) An Act relating to taxation.

Committee on Corporations recommends passage in concurrence.

15. (03-S1001) An Act relating to animals and animal husbandry - dog licenses.

Committee on Corporations recommends passage in concurrence.

Appendix



CALENDAR


In order for Tuesday, June 17, 2003:

1. (03-H5949) (Substitute "A") An Act relating to food and drugs.

Ordered on the Calendar.

2. (03-H6391) An Act relating to education - Civic Education Commission.

Committee on Health, Education and Welfare recommends passage.

3. (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.

4. (03-S226 as amended) An Act relating to taxation - property subject to taxation.

Committee on Corporations recommends passage as amended in concurrence.

Appendix



CALENDAR


In order for Wednesday, June 18, 2003:

1. (03-H5611) (Substitute "A") An Act relating to taxation.

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

2. (03-H6033) An Act relating to towns and cities - relief of injured and deceased firefighters and police officers.

Committee on Finance recommends passage.

3. (03-S149) Joint Resolution making an appropriation to pay certain veterans' bonuses.

Committee on Finance recommends passage in concurrence.

4. (03-S150) Joint Resolution making an appropriation to pay certain veterans' bonuses.

Committee on Finance recommends passage in concurrence.

5. (03-S370) An Act relating to towns and cities - relief of injured and deceased firefighters and police officers.

Committee on Finance recommends passage in concurrence.

6. (03-S390) An Act relating to health and safety.

Committee on Finance recommends passage in concurrence.

7. (03-S526) An Act relating to public officers and employees - federal old-age and survivors' insurance.

Committee on Finance recommends passage in concurrence.

LOUIS D'ANTUONO
Clerk of the House
Wednesday, June 11, 2003



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