The House of Representatives meets at the State House in Providence, Tuesday, July 15, 2003, and is called to order at 4:27 o’clock P.M., by the Honorable William J. Murphy, Speaker.

The roll is called and a quorum is declared present with 73 members present and 1 member absent as follows:

PRESENT — 73: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, 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, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

ABSENT — 1: Representative Benson.

INVOCATION

The Honorable Speaker presents Representative Crowley, 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, July 2, 2003, is approved as printed.

GUESTS

Representative Moran welcomes to the House Chambers as guests Coach Liz Legeault, Coach Carol Beaudette and members of the Central Falls Lady Warriors Fast Pitch Softball Team and congratulates them on receiving the Dick Reynolds Providence Journal Sportsmanship Award. Representative Moran also welcomes his daughters Tanya Moran, Captain, and Ashley Moran.

Also:

Representative Reilly welcomes to the House Chambers as a guest his son Connor Reilly on his 10th Birthday.

ANNOUNCEMENT

Representative Carter wishes Anthony "Tony" DiCarlo and Michael Stuard a very Happy Birthday.

COMMUNICATION FROM THE SENATE

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

(03-S 62) An Act relating to military affairs.

Read and referred to the Committee on Finance.

(03-S 117) An Act relating to textbooks.

Read and referred to the Committee on Finance.

(03-S 139) An Act relating to military affairs — continuation of employment.

Read and referred to the Committee on Corporations.

(03-S 153) (Substitute "A") An Act relating to workers’ compensation — general provisions.

Read and referred to the Committee on Labor.

(03-S 357) (Substitute "A") An Act relating to mandated health benefits review act.

Read and referred to the Committee on Corporations.

(03-S 375) (Substitute "A") An Act relating to taxation — business corporation tax.

Read and referred to the Committee on Finance.

(03-S 458) An Act relating to state affairs and government — the Rhode Island law enforcement accreditation commission.

Read and referred to the Committee on Corporations.

(03-S 495) (Substitute "A" as amended) An Act relating to state affairs and government.

Read and referred to the Committee on Judiciary.

(03-S 789) An Act relating to taxation — business corporation tax.

Read and referred to the Committee on Finance.

(03-S 800) (Substitute "A") An Act relating to businesses and professions — architects, engineers, land surveyors and landscape architects.

Read and referred to the Committee on Corporations.

(03-S 843) (Substitute "A" as amended) An Act relating to public utilities and carriers.

Read and referred to the Committee on Corporations.

(03-S 852) (Substitute "A" as amended) An Act relating to waters and navigation — regulation of boats.

Read and referred to the Committee on Environment and Natural Resources.

(03-S 896) (Substitute "A") An Act relating to corporations, associations, and partnerships — business corporations.

Read and referred to the Committee on Finance.

(03-S 910) (Substitute "A" as amended) An Act relating to health insurance coverage — mandated hearing aid coverage.

Read and referred to the Committee on Corporations.

(03-S 932) (Substitute "A") An Act creating the Prudence Island Water District.

Read and referred to the Committee on Corporations.

(03-S 1005) (Substitute "A") Senate Resolution creating a special Senate commission to study the impact and feasibility of moving regulatory authority for the auto body industry from the Department of Business Regulation to the Public Utilities Commission.

Read and referred to the Committee on Corporations.

(03-S 1013 as amended) An Act relating to homestead exemptions in the town of Lincoln.

Read and referred to the Committee on Corporations.

(03-S 1033 as amended) An Act relating to domestic relations — solemnization of marriages.

Read and referred to the Committee on Judiciary.

(03-S 1077) (Substitute "A") An Act relating to taxation — sales and use taxes — liability and computation.

Read and referred to the Committee on Finance.

(03-S 1088) An Act relating to optional retirement for members of police force and fire fighters.

Read and referred to the Committee on Finance.

(03-S 1101) An Act relating to motor and other vehicles — operators’ and chauffeurs’ licenses.

Read and referred to the Committee on Corporations.

(03-S 1162) Joint Resolution extending the reporting date of the special legislative commission to develop a strategic plan for Narragansett Bay.

Read and referred to the Committee on Environment and Natural Resources.

(03-S 1179) Senate Resolution creating a special Senate commission to study wastewater reclamation and reuse in Rhode Island.

Read and referred to the Committee on Environment and Natural Resources.

(03-S 1186) An Act enabling the Rhode Island Lottery Commission to enter into a contract with Lincoln Park and Newport Grand Jai Alai.

Read and referred to the Committee on Finance.

(03-S 1203) Joint Resolution creating a special legislative commission to study predatory mortgage lending practices.

Read and referred to the Committee on Corporations.

(03-S 1204) An Act relating to waters and navigation — oil spill prevention, administration and response fund.

Read and referred to the Committee on Finance.

(03-S 204) (Substitute "A") An Act relating to labor and labor relations.

Read and ordered to be placed on the Calendar.

(03-S 1159 as amended) Joint Resolution creating a special legislative commission to provide for the determination, resolution, and settlement of the boundary line between the state of Connecticut and the State of Rhode Island and Providence Plantations from the mouth of the Ashaway River north to the Massachusetts border.

Read and ordered to be placed on the Calendar.

(03-H 6473 as amended) An Act relating to health and safety.

Read and ordered to be placed on the Calendar.

(03-S 81) (Substitute "A") An Act relating to alcoholic beverages — retail licenses.

Read and ordered to be placed on the Calendar.

(03-S 420 as amended) An Act relating to tax exemptions for farmland.

Read and ordered to be placed on the Calendar.

(03-S 626) (Substitute "B" as amended) An Act relating to workers’ compensation — benefits.

Read and ordered to be placed on the Calendar.

(03-S 959) An Act relating to the town of Scituate — Juvenile Hearing Board.

Read and ordered to be placed on the Calendar.

(03-S 1172) An Act relating to the Kent County Water Authority — town of West Warwick.

Read and ordered to be placed on the Calendar.

(03-S 1205) Joint Resolution creating a special legislative commission to study issues related to the funding of oil pollution control and remediation in the state of Rhode Island.

Read and ordered to be placed on the Calendar.

(03-S 1206) An Act relating to public finance.

Read and ordered to be placed on the Calendar.

(03-H 5115) (Substitute "B") An Act relating to labor and labor relations — minimum wages.

Read and ordered to be placed on the Calendar.

REPORTS OF COMMITTEES

COMMITTEE ON LABOR

Representative Corvese, for the Committee on Labor, reports back the following measure, with recommendation of passage:

(03-S 33) An Act relating to boxing and wrestling.

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:

(03-S 348) An Act relating to District Court.

Received and ordered to be placed on the Calendar.

VETO BY THE GOVERNOR

The Honorable Speaker announces the receipt of the following act from His Excellency the Governor, with his disapproval recorded thereon:

(03-H 6174) (Substitute "A" as amended) An Act relating to making appropriations for the support of the state for the fiscal year ending June 30, 2004.

The act is accompanied by a communication.

The message is ordered to be placed on file.

(For message, see Appendix, this Journal.)

Majority Leader Fox requests unanimous consent for immediate consideration to override the Governor’s veto, seconded by Representative Menard and several other members of the House.

There is no objection.

Representative Fox moves passage of the act, notwithstanding the veto of His Excellency, the Governor, seconded by Representatives Sherlock, Menard, Coderre, Shavers, Cerra, Costantino, Faria, Lima, San Bento, Flaherty, Laroche, Landroche and several other members of the House.

Representative Watson moves to have the Governor’s veto message addressed to the Speaker of the House read to the House membership, seconded by the entire Republican Caucus.

The motion to read the Governor’s veto message fails of passage, on a roll call vote, 18 members voting in the affirmative and 52 members voting in the negative as follows:

YEAS — 18: Representatives Ajello, Amaral, Callahan, Caprio, Gorham, Handy, Long, Lowe, McManus, Moffitt, Mumford, Savage, Scott, Story, Trillo, Voccola, Wasylyk, Watson.

NAYS — 52: The Honorable Speaker Murphy and Representatives Almeida, Anguilla, Aubin, Brien, Carter, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Faria, Flaherty, Fox, Gallison, Giannini, Harwood, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Malik, McCauley, McHugh, McNamara, Menard, Montanaro, Moran, Moura, Naughton, Palumbo, Petrarca, Picard, Reilly, Rose, San Bento, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Tejada, Williams, Williamson, Winfield.

Representatives Watson, Menard and Scott discuss the previous motion.

The Honorable Speaker Murphy advises Representative Watson that his first allotment of 5 minutes has been used up.

Representative Watson states as a point of order that he can speak as long as he likes.

The Honorable Speaker Murphy directs Representative Watson’s attention to Rule 10, which limits all members to 5 minutes at a time, although the leaders may rise again as often as they please.

Majority Whip Menard rises several times on a point of order for Representatives Watson and Scott to speak to the motion before the membership, not the merits of the bill.

The Honorable Speaker Murphy rules for the Representatives not to discuss the merits of the bill.

Representative Gorham challenges the ruling of the Chair, seconded by Minority Leader Watson.

Representative Trillo discusses the motion.

The ruling of the Chair is upheld on a roll call vote, 58 members voting in the affirmative and 12 members voting in the negative as follows:

YEAS — 58: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Anguilla, Aubin, Brien, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Faria, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Harwood, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Naughton, Palumbo, Petrarca, Picard, Reilly, Rose, San Bento, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Tejada, Voccola, Williams, Williamson, Winfield.

NAYS — 12: Representatives Amaral, Callahan, Caprio, Gorham, Long, McManus, Mumford, Savage, Scott, Story, Trillo, Watson.

Representatives Watson, Menard, Trillo, Lima, Scott, Fox, Kilmartin, Story, Montanaro and Gorham discuss the motion to override.

Representatives Menard, Corvese and Reilly rise on several points of order for Representatives Watson and Gorham to speak germane to the motion to override.

The Honorable Speaker Murphy rules for Representatives Watson and Gorham to speak germane to the motion to override the Governor’s veto.

Representatives Crowley, Coogan, Corvese and Watson discuss the motion to override the veto.

Representative Reilly moves the previous question, seconded by Representatives McCauley, Coogan, San Bento, Harwood and Crowley.

The motion to move the previous question prevails, on a roll call vote, 52 members voting in the affirmative and 18 members voting in the negative as follows:

YEAS — 52: Representatives Ajello, Almeida, Anguilla, Aubin, Brien, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Flaherty, Fox, Gallison, Ginaitt, Harwood, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, McCauley, McHugh, McNamara, Menard, Moran, Moura, Palumbo, Petrarca, Reilly, Rose, San Bento, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Tejada, Voccola, Williams, Williamson, Winfield.

NAYS — 18: Representatives Amaral, Callahan, Caprio, Giannini, Gorham, Handy, Long, McManus, Moffitt, Mumford, Naughton, Picard, Savage, Scott, Story, Trillo, Wasylyk, Watson.

Representative Watson continues to discuss the motion. Representatives Long and Sherlock also discuss the motion.

The motion to override the veto of His Excellency, the Governor prevails, needing a 3/5 vote to override, on a roll call vote, 58 members voting in the affirmative and 15 members voting in the negative as follows:

YEAS — 58: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Anguilla, Aubin, Brien, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Faria, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Harwood, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Malik, McCauley, McHugh, McNamara, Menard, Montanaro, Moran, Moura, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Tejada, Voccola, Wasylyk, Williams, Williamson, Winfield.

NAYS — 15: Representatives Amaral, Callahan, Caprio, Gorham, Long, Lowe, McManus, Moffitt, Mumford, Reilly, Savage, Scott, Story, Trillo, Watson.

TRANSMITTAL

By unanimous consent, (03-H 6174) (Substitute "A" as amended) on the Clerk’s desk is ordered to be transmitted to the Honorable Senate, forthwith.

PERSONAL PRIVILEGE

Representative Williamson rises on a point of personal privilege and requests to speak as a citizen of the State of Rhode Island in regard to the events which occurred in Charlestown yesterday.

There is objection.

Representatives Watson and Long discuss the request.

Representative Williamson moves to recess, seconded by Representatives Palumbo, McNamara, Giannini and San Bento.

Representative Williamson withdraws his motion.

CALENDAR

Minority Leader Watson objects to the Supplemental Calendar stating that it is not properly before the membership.

The Honorable Speaker Murphy and Minority Leader Watson discuss the rules of the Supplemental Calendar.

Minority Leader Watson withdraws his objection.

NOW PRESIDING

At 6:20 o’clock P.M. the Honorable Speaker Murphy yields the rostrum to the Honorable Deputy Speaker Winfield.

CALENDAR

From the Calendar are taken:

1. (03-S 424) (Substitute "A") An Act relating to Division of Motor Vehicles.

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

Representative Fox moves passage of the act, seconded by Representatives Kilmartin and Menard.

Representatives Gorham and Fox discuss the act.

The bill marked Substitute "A" is read and passed, in concurrence, and the original bill indefinitely postponed, on a roll call vote, 55 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 55: Representatives Ajello, Amaral, Anguilla, Aubin, Brien, Caprio, Carter, Coderre, Corvese, Costantino, Dennigan, DeSimone, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, Savage, Schadone, Scott, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Watson, Williams, Winfield.

NAYS — 0.

Representative Cerra requests the journal to reflect that if she had voted on (03-S 424) (Substitute "A"), she would have voted in the affirmative.

There is no objection.

NOW PRESIDING

At 6:25 o’clock P.M. the Honorable Deputy Speaker Winfield yields the rostrum to the Honorable Speaker Murphy.

CALENDAR

2. (03-S 820) An Act relating to public utilities and carriers — Public Utilities Commission.

Committee on Corporations recommends passage in concurrence.

Representative Kennedy moves passage of the act, seconded by Representatives Cerra, Carter, Menard and San Bento.

Representative Gorham discusses the act.

Read and passed, in concurrence, on a roll call vote, 54 members voting in the affirmative and 7 members voting in the negative as follows:

YEAS — 54: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Brien, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Handy, Jacquard, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McNamara, Menard, Montanaro, Moran, Moura, Naughton, Palumbo, Petrarca, Picard, Rose, Schadone, Scott, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Williams, Winfield.

NAYS — 7: Representatives Callahan, Gorham, McManus, Moffitt, Mumford, Savage, Watson.

3. (03-S 568) An Act relating to food and drugs.

Committee on Health, Education and Welfare recommends passage in concurrence.

Representative Giannini moves passage of the act, seconded by Representatives Naughton, McNamara, San Bento, Costantino and Lima.

Read and passed, in concurrence, on a roll call vote, 60 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 60: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Scott, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Winfield.

NAYS — 0.

4. (03-S 1123 as amended) An Act relating to insurers’ rehabilitation and liquidation act.

Committee on Corporations recommends passage as amended in concurrence.

Representative Kennedy moves passage of the act, seconded by Representatives Malik and Cerra.

Read and passed, as amended, in concurrence, on a roll call vote, 59 members voting in the affirmative and 2 members voting in the negative as follows:

YEAS — 59: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Handy, Jacquard, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Williams, Winfield.

NAYS — 2: Representatives Gorham, Watson.

5. (03-S 987) (Substitute "A") An Act relating to motor and other vehicles — lighting equipment and reflectors.

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

Representative Kennedy moves passage of the act, seconded by Representatives Coogan, Flaherty and Corvese.

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on a roll call vote, 59 members voting in the affirmative and 3 members voting in the negative as follows:

YEAS — 59: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Brien, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Handy, Jacquard, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Scott, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Williams, Winfield.

NAYS — 3: Representatives Callahan, Gorham, Watson.

6. (03-S 348) An Act relating to District Court.

Committee on Judiciary recommends passage in concurrence.

Representative Flaherty moves passage of the act, seconded by Representatives Anguilla, Malik and Carter.

Read and passed, in concurrence, on a roll call vote, 60 members voting in the affirmative and 2 members voting in the negative as follows:

YEAS — 60: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Handy, Jacquard, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Scott, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Winfield.

NAYS — 2: Representatives Gorham, McManus.

7. (03-S 43) (Substitute "A") An Act relating to Corrections Department.

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

Representative Corvese moves passage of the act, seconded by Representatives Menard, Carter, Montanaro, Moura, Moran, Brien, Cerra, Laroche and McNamara.

Representatives Gorham and Corvese discuss the act.

The bill marked Substitute "A" is read and passed, in concurrence, and the original bill indefinitely postponed, on a roll call vote, 38 members voting in the affirmative and 15 members voting in the negative as follows:

YEAS — 38: The Honorable Speaker Murphy and Representatives Ajello, Anguilla, Aubin, Brien, Cerra, Coderre, Corvese, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Handy, Jacquard, Kennedy, Kilmartin, Landroche, Laroche, Lima, Malik, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Naughton, Palumbo, Rose, San Bento, Schadone, Smith, Tejada, Wasylyk, Winfield.

NAYS — 15: Representatives Amaral, Callahan, Gorham, Long, Lowe, McHugh, McManus, Moffitt, Mumford, Petrarca, Picard, Savage, Story, Trillo, Watson.

8. (03-H 6473 as amended) An Act relating to health and safety.

Ordered on the Calendar.

Representative Menard moves passage of the act, seconded by Representatives Giannini, Costantino, Carter, Fox and Gallison.

Representatives Gorham and Watson discuss the act.

Read and passed, as amended, in concurrence, on a roll call vote, 57 members voting in the affirmative and 3 members voting in the negative as follows:

YEAS — 57: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, McCauley, McHugh, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Palumbo, Picard, Rose, San Bento, Savage, Schadone, Scott, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Winfield.

NAYS — 3: Representatives Gorham, Petrarca, Watson.

9. (03-S 1159 as amended) Joint Resolution creating a special legislative commission to provide for the determination, resolution, and settlement of the boundary line between the state of Connecticut and the State of Rhode Island and Providence Plantations from the mouth of the Ashaway River north to the Massachusetts border.

Ordered on the Calendar.

Representative Kennedy moves passage of the resolution, seconded by Representatives Carter, Shanley and Handy.

Read and passed, as amended, in concurrence, on a roll call vote, 62 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 62: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Scott, Shanley, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Winfield.

NAYS — 0.

10. (03-S 1189) An Act relating to weapons.

Ordered on the Calendar.

Representative Flaherty moves passage of the act, seconded by Representatives Anguilla, Williams, Shanley and Palumbo.

Read and passed, in concurrence, on a roll call vote, 61 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 61: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Scott, Shanley, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Winfield.

NAYS — 0.

11. (03-S 1206) An Act relating to public finance.

Ordered on the Calendar.

Representative Sherlock moves passage of the act, seconded by Representatives Moura, Ajello, Shanley, Dennigan, Anguilla, Naughton, San Bento, Cerra, Lewiss, Kennedy, Aubin, McHugh, Gallison, Scott, Caprio, Handy and Long.

Read and passed, in concurrence, 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, Amaral, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, 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, Rose, San Bento, Savage, Schadone, Scott, Shanley, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Winfield.

NAYS — 0.

12. (03-S 1172) An Act relating to the Kent County Water Authority — town of West Warwick.

Ordered on the Calendar.

Representative Fox moves passage of the act, seconded by Representatives Sherlock, Costantino, Flaherty, Carter and Menard.

Representatives Watson and Fox discuss the act.

Read and passed, in concurrence, on a roll call vote, 52 members voting in the affirmative and 3 members voting in the negative as follows:

YEAS — 52: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Callahan, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Handy, Jacquard, Kilmartin, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, San Bento, Savage, Schadone, Scott, Shanley, Sherlock, Slater, Smith, Story, Tejada, Trillo, Williams, Winfield.

NAYS — 3: Representatives Gorham, Moffitt, Watson.

13. (03-S 420 as amended) An Act relating to tax exemptions for farmland.

Ordered on the Calendar.

Representative Scott moves passage of the act, seconded by Representatives Enos, Montanaro, Lally, Kilmartin, Long, Handy, Carter, Shanley, Mumford, Moffitt, Moura, Cerra and Moura.

Representative Moura discusses the act.

Read and passed, as amended, in concurrence, on a roll call vote, 56 members voting in the affirmative and 1 member voting in the negative as follows:

YEAS — 56: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Callahan, Caprio, Carter, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kilmartin, Lally, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, Savage, Schadone, Scott, Shanley, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Winfield.

NAYS — 1: Representatives Slater.

14. (03-S 959) An Act relating to the town of Scituate — Juvenile Hearing Board.

Ordered on the Calendar.

Representative Mumford moves passage of the act, seconded by Representatives San Bento, Watson and Moffitt.

Read and passed, in concurrence, on a roll call vote, 61 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 61: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, 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, Rose, San Bento, Savage, Scott, Shanley, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Winfield.

NAYS — 0.

15. (03-S 626) (Substitute "B" as amended) An Act relating to workers’ compensation — benefits.

Ordered on the Calendar.

Representative Corvese moves passage of the act, seconded by Representatives Scott, Brien, Carter and Moura.

The bill marked Substitute "B" is read and passed, in concurrence, and the original bill and the bill marked Substitute "A" indefinitely postponed, on a roll call vote, 57 members voting in the affirmative and 4 members voting in the negative as follows:

YEAS — 57: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McNamara, Menard, Montanaro, Moran, Moura, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Scott, Sherlock, Slater, Smith, Story, Trillo, Wasylyk, Watson, Williams, Winfield.

NAYS — 4: Representatives Gorham, McManus, Moffitt, Mumford.

16. (03-S 33) An Act relating to boxing and wrestling.

Committee on Labor recommends passage in concurrence.

Representative Corvese moves passage of the act, seconded by Representatives Schadone and San Bento.

Read and passed, in concurrence, on a roll call vote, 60 members voting in the affirmative and 4 members voting in the negative as follows:

YEAS — 60: The Honorable Speaker Murphy and Representatives Ajello, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Scott, Shanley, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Williams, Winfield.

NAYS — 4: Representatives Amaral, Moffitt, Mumford, Watson.

17. (03-S 81) (Substitute "A") An Act relating to alcoholic beverages — retail licenses.

Ordered on the Calendar.

Representative Brien moves passage of the act, seconded by Representatives Montanaro, Gallison, San Bento and Lowe.

By unanimous consent, Representative Brien, seconded by Representatives Montanaro, Lowe and Gallison, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-S 81) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-S 81) (Substitute "A") entitled "AN ACT RELATING TO ALCOHOLIC BEVERAGES — RETAIL LICENSES" as follows:

By deleting all the language after the enactment clause and inserting in place thereof the following language:

"SECTION 1. Chapter 3-7 of the General Laws entitled "Retail Licenses" is hereby amended by adding thereto the following section:

3-7-4.1.HOLDERS OF RETAIL CLASS A LICENSES PERMITTED TO CONDUCT WINE AND BEER SAMPLINGS INSIDE LICENSED PREMISES. — Any hold of a Class A retail license shall be permitted to conduct at no charge to the consumer, inside the premises of the licensee, sample tasting of wine (under 13% alcohol by volume) and beer (under 5.5% alcohol by volume) available for purchase from the licensee’s outlet. These samples shall not exceed one (1) ounce servings of each wine, the number of wines being limited to no more than two (2) products at any one (1) tasting and two (2) ounce servings of each beer with the number of beer samplings being limited to no more than (1) sample tasting of each product.

SECTION 2. This act shall take effect upon passage."

Respectfully submitted,

TODD R. BRIEN

Representative, District 50

Representatives Long, Brien and Trillo discuss the amendment.

The motion to amend is read and prevails on a roll call vote, 51 members voting in the affirmative and 7 members voting in the negative as follows:

YEAS — 51: The Honorable Speaker Murphy and Representatives Ajello, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Jacquard, Kennedy, Kilmartin, Lally, Laroche, Lewiss, Lima, Lowe, McCauley, McHugh, McNamara, Menard, Montanaro, Moran, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Scott, Shanley, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Winfield.

NAYS — 7: Representatives Amaral, Gorham, Handy, Long, McManus, Moffitt, Mumford.

The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, on a roll call vote, 51 members voting in the affirmative and 6 members voting in the negative as follows:

YEAS — 51: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Brien, Callahan, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Jacquard, Kennedy, Kilmartin, Lally, Laroche, Lewiss, Lima, Lowe, McCauley, McHugh, McNamara, Menard, Montanaro, Moran, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Scott, Shanley, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Winfield.

NAYS — 6: Representatives Gorham, Handy, Long, McManus, Moffitt, Mumford.

18. (03-S 1205) Joint Resolution creating a special legislative commission to study issues related to the funding of oil pollution control and remediation in the state of Rhode Island.

Ordered on the Calendar.

Representative Malik moves passage of the act, seconded by Representatives Gallison, Naughton, McNamara, Carter, Lewiss, Aubin, Moura, Cerra and San Bento.

By unanimous consent, Representative Malik, seconded by Representatives Gallison, Naughton, Aubin, San Bento, Cerra and McNamara, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-S 1205)

Mr. Speaker:

I hereby move to amend (03-S 1205) entitled "JOINT RESOLUTION CREATING A SPECIAL LEGISLATIVE COMMISSION TO STUDY ISSUES RELATED TO THE FUNDING OF OIL POLLUTION CONTROL AND REMEDIATION IN THE STATE OF RHODE ISLAND" as follows:

On page 1, by deleting lines 1-19 and on page 2, by deleting lines 1-9, and inserting in place thereof the following language:

"There is hereby created a special legislative commission to study the issues related to the need for and availability of funds to control and remediate oil pollution in the state. Said commission shall consist of six (6) members: three (3) of whom shall be from the House of Representative, not more than two (2) from the same political party, of whom one (1) shall be co-chair to be appointed by the Speaker; three (3) of whom shall be from the Senate, not more than two (2) from the same political party, of whom one (1) shall be co-chair to be appointed by the President of the Senate.

The purpose of said commission shall be to study the issues relating to the need for and availability of funds, from all sources, to control and remediate pollution caused by the release or discharge of oil or any other petroleum product or by-product or additives into the state’s environment, including, but not limited to, surface waters and groundwaters.

The members of the commission shall meet at the call of the chair of the Joint Committee on Legislative Services. Vacancies in said commission shall be filled in like manner as the original appointment.

The membership of said commission shall receive no compensation for their services.

All departments and agencies of the state shall furnish such advice and information, documentary and otherwise, to said commission and its agents as is deemed necessary or desirable by the commission to facilitate its purposes.

The Joint Committee on Legislative Services is hereby authorized and directed to provide suitable quarters for said commission.

The commission shall report its findings to the General Assembly on or before April 15, 2004 and said commission shall expire on June 15, 2004."

Respectfully submitted,

JAN P. MALIK

Representative, District 67

The motion to amend is read and prevails on a roll call vote, 55 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 55: The Honorable Speaker Murphy and Representatives Ajello, Anguilla, Aubin, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Schadone, Scott, Shanley, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Winfield.

NAYS — 0.

Representatives Watson and Malik discuss the act as as amended.

Representative Watson moves to table the act, seconded by Representatives Scott and Moffitt.

The motion fails of passage, on a roll call vote, 14 members voting in the affirmative and 41 members voting in the negative as follows:

YEAS — 14: Representatives Amaral, Callahan, Cerra, Gorham, Long, McManus, Moffitt, Mumford, Palumbo, Savage, Scott, Story, Trillo, Watson.

NAYS — 41: The Honorable Speaker Murphy and Representatives Ajello, Anguilla, Aubin, Carter, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Handy, Jacquard, Kilmartin, Laroche, Lewiss, Lima, Lowe, Malik, McHugh, McNamara, Menard, Montanaro, Moran, Moura, Naughton, Petrarca, Picard, San Bento, Schadone, Shanley, Sherlock, Slater, Smith, Tejada, Wasylyk, Winfield.

Representative Watson moves to recommit the act, seconded by Representative Fox.

There is no objection.

The motion to recommit prevails, on a roll call vote, 46 members voting in the affirmative and 3 members voting in the negative as follows:

YEAS — 46: Representatives Ajello, Amaral, Anguilla, Aubin, Callahan, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Fox, Gallison, Gorham, Kilmartin, Laroche, Lewiss, Lima, Long, Lowe, McCauley, McManus, McNamara, Moffitt, Montanaro, Moran, Moura, Mumford, Palumbo, Petrarca, Picard, Rose, Savage, Scott, Shanley, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Watson, Winfield.

NAYS — 3: Representatives Lally, Malik, Naughton.

Read and recommitted to the Committee on Environment and Natural Resources.

19. (03-H 5115) (Substitute "B") An Act relating to labor and labor relations — minimum wages.

Ordered on the Calendar.

Representative Sherlock moves passage of the act, seconded by Representatives Fox, Giannini, Rose, Wasylyk, Handy, Lima, Aubin, Gallison, Tejada, Moura, Williams, Ajello, Moran, DeSimone, Long, Scott, McNamara, Laroche, Savage, Menard, Amaral and Carter.

The bill marked Substitute "B" is read and passed, in concurrence, and the original bill and the bill marked Substitute "A" indefinitely postponed, on a roll call vote, 49 members voting in the affirmative and 8 members voting in the negative as follows:

YEAS — 49: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Handy, Jacquard, Kilmartin, Lally, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McNamara, Menard, Montanaro, Moran, Moura, Palumbo, Petrarca, Picard, Rose, Savage, Schadone, Scott, Sherlock, Slater, Smith, Tejada, Voccola, Wasylyk, Williams, Winfield.

NAYS — 8: Representatives Callahan, Gorham, McManus, Moffitt, Mumford, Story, Trillo, Watson.

Representative Kennedy requests the journal to reflect that if he had voted on (03-H 5115) (Substitute "B"), he would have voted in the affirmative.

There is no objection.

TRANSMITTAL

On suggestion of Majority Leader Fox, and by unanimous consent, (03-S 81) (Substitute "A" as amended) on the Clerk’s desk is ordered to be transmitted to the Honorable Senate, forthwith.

CALENDAR

20. (03-S 204) (Substitute "A") An Act relating to labor and labor relations.

Ordered on the Calendar.

Representative Sherlock moves passage of the act, seconded by Representatives Moura, Tejada, Fox, Gallison, Carter and Handy.

The bill marked Substitute "A" is read and passed, in concurrence, and the original bill indefinitely postponed, on a roll call vote, 51 members voting in the affirmative and 7 members voting in the negative as follows:

YEAS — 51: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Handy, Jacquard, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Naughton, Palumbo, Petrarca, Picard, Rose, Savage, Schadone, Scott, Sherlock, Slater, Smith, Tejada, Voccola, Wasylyk, Williams, Winfield.

NAYS — 7: Representatives Callahan, Gorham, McManus, Mumford, Story, Trillo, Watson.

Representative Kennedy requests the journal to reflect that if he had voted on (03-S 204) (Substitute "A"), he would have voted in the affirmative.

There is no objection.

Majority Leader Fox requests items 1 and 16 on today’s Supplemental Calendar be taken up next.

There is no objection.

From the Supplemental Calendar are taken:

1. (03-S 867) An Act relating to education — private schools.

Committee on Health, Education and Welfare recommends passage in concurrence.

Representative Fox moves passage of the act, seconded by Representatives Lima, Giannini, Menard, Aubin, McNamara, Montanaro, Ajello, Cerra and Handy.

Representatives Mumford, Fox and Montanaro discuss the act.

Read and passed, in concurrence, on a roll call vote, 48 members voting in the affirmative and 8 members voting in the negative as follows:

YEAS — 48: The Honorable Speaker Murphy and Representatives Ajello, Aubin, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Handy, Kennedy, Kilmartin, Lally, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Naughton, Palumbo, Petrarca, Rose, San Bento, Schadone, Shanley, Sherlock, Slater, Smith, Tejada, Voccola, Wasylyk, Williams, Winfield.

NAYS — 8: Representatives Amaral, Callahan, Gorham, Mumford, Picard, Savage, Story, Watson.

16. (03-S 106 as amended) Joint Resolution creating a special legislative commission to study persons with mental illness in the criminal justice system.

Committee on Judiciary recommends passage as amended in concurrence.

Representative Fox moves passage of the resolution, seconded by Representatives Moran, Picard, Naughton, Cerra, Slater, Williams, Ajello, Amaral and Savage.

Read and passed, as amended, in concurrence, on a roll call vote, 55 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 55: Representatives Ajello, Amaral, Anguilla, Aubin, Callahan, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Kennedy, Kilmartin, Lally, Laroche, Lewiss, Lima, Long, Lowe, McCauley, McHugh, McManus, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shanley, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Winfield.

NAYS — 0.

COMMUNICATION FROM THE SENATE

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

(03-S 1181) An Act to vacate the forfeiture or revocation of Gansett Steel Erectors Corp.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

Representative Fox moves passage of the act, seconded by Representative Sherlock.

Read and passed, in concurrence, on a roll call vote, 57 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 57: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, McCauley, McHugh, McManus, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shanley, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Winfield.

NAYS — 0.

NEW BUSINESS

Representatives Lima, Williamson, Slater, Ajello and Naughton introduce (03-H 6616) House Resolution admonishing the Governor of the State of Rhode Island for utilizing the State Police at the Narragansett Indian Smoke Shop.

Read and referred to the Committee on Judiciary.

Representatives DeSimone, Costantino, Fox, Slater and Smith introduce (03-H 6617) An Act relating to public finance.

Representative Costantino requests unanimous consent for immediate consideration.

There is no objection.

Representative Costantino moves passage of the act, seconded by Representative DeSimone.

By unanimous consent, Representative Costantino, seconded by Representatives DeSimone, Moura and Slater, offers an oral motion to amend.

The motion to amend prevails, on a roll call vote, 44 members voting in the affirmative and 5 members voting in the negative as follows:

YEAS — 44: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Callahan, Carter, Cerra, Coderre, Corvese, Costantino, DeSimone, Enos, Fox, Gallison, Giannini, Gorham, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lima, Lowe, Malik, McCauley, McHugh, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Picard, San Bento, Savage, Scott, Shanley, Sherlock, Slater, Smith, Tejada, Williams.

NAYS — 5: Representatives Long, McManus, Petrarca, Story, Trillo.

Representatives Watson, Costantino and Mumford discuss the act.

Minority Leader Watson requests to vote Sections 1 and 2 separately.

The Honorable Speaker Murphy rules it is divisible.

Sections 1 and 2 of the act is read and passed, on a roll call vote, 46 members voting in the affirmative and 10 members voting in the negative as follows:

YEAS — 46: The Honorable Speaker Murphy and Representatives Ajello, Anguilla, Callahan, Caprio, Carter, Coderre, Corvese, Costantino, Dennigan, DeSimone, Flaherty, Fox, Gallison, Giannini, Kilmartin, Lally, Laroche, Lewiss, Long, Lowe, McCauley, McHugh, McManus, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Palumbo, Picard, Rose, San Bento, Schadone, Scott, Shanley, Sherlock, Slater, Smith, Tejada, Trillo, Wasylyk, Watson, Williams, Winfield.

NAYS — 10: Representatives Amaral, Cerra, Enos, Handy, Lima, Malik, Menard, Petrarca, Savage, Story.

The remainder of the act is read and fails of passage, on a roll call vote, 28 members voting in the affirmative and 28 members voting in the negative as follows:

YEAS — 28: Representatives Ajello, Coderre, Corvese, Costantino, Dennigan, DeSimone, Flaherty, Fox, Giannini, Gorham, Kilmartin, Laroche, Lewiss, Lowe, McCauley, McHugh, Montanaro, Moran, Moura, Mumford, Palumbo, San Bento, Schadone, Slater, Smith, Tejada, Wasylyk, Williams.

NAYS — 28: The Honorable Speaker Murphy and Representatives Amaral, Anguilla, Callahan, Caprio, Carter, Cerra, Enos, Gallison, Handy, Lally, Lima, Long, Malik, McManus, Menard, Naughton, Petrarca, Picard, Rose, Savage, Scott, Shanley, Sherlock, Story, Trillo, Watson, Winfield.

Representative Menard, having voted on the prevailing side, moves to reconsider the act, seconded by Representatives Fox, Moura, DeSimone, Palumbo and Giannini.

Minority Leader Watson states that there is no prevailing side the bill died.

The Chair states that on a tie vote, the vote fails, therefore, the members voting in the negative are on the prevailing side.

Representative Savage discusses the motion to reconsider.

The motion to reconsider prevails, on a roll call vote, 37 members voting in the affirmative and 18 members voting in the negative as follows:

YEAS — 37: The Honorable Speaker Murphy and Representatives Ajello, Aubin, Carter, Coderre, Corvese, Costantino, Dennigan, DeSimone, Flaherty, Fox, Gallison, Giannini, Handy, Jacquard, Kilmartin, Lally, Lewiss, Lima, Lowe, McHugh, Menard, Moffitt, Montanaro, Moran, Moura, Palumbo, Petrarca, Picard, San Bento, Schadone, Slater, Smith, Tejada, Wasylyk, Williams, Winfield.

NAYS — 18: Representatives Amaral, Callahan, Caprio, Enos, Gorham, Long, Malik, McManus, Mumford, Naughton, Rose, Savage, Scott, Shanley, Sherlock, Story, Trillo, Watson.

Majority Whip Menard moves passage of Sections 3 through 5 of the act, seconded by Representatives Fox, Moura, DeSimone and Giannini.

Representatives Watson, Gorham, Fox, Trillo and Costantino discuss the motion.

Sections 1 and 2 of the act are read and passed, on a roll call vote, 53 members voting in the affirmative and 6 members voting in the negative as follows:

YEAS — 53: The Honorable Speaker Murphy and Representatives Ajello, Anguilla, Aubin, Callahan, Caprio, Carter, Coderre, Corvese, Costantino, Dennigan, DeSimone, Flaherty, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kilmartin, Landroche, Laroche, Lewiss, Lima, Long, Lowe, McCauley, McHugh, McManus, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Palumbo, Petrarca, Rose, San Bento, Savage, Schadone, Scott, Sherlock, Slater, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Winfield.

NAYS — 6: Representatives Amaral, Cerra, Enos, Lally, Malik, Picard.

The remainder of the act is read and passed, on a roll call vote, 30 members voting in the affirmative and 28 members voting in the negative as follows:

YEAS — 30: The Honorable Speaker Murphy and Representatives Ajello, Coderre, Corvese, Costantino, Dennigan, DeSimone, Flaherty, Fox, Giannini, Gorham, Jacquard, Kilmartin, Lally, Laroche, Lewiss, Lowe, McCauley, Montanaro, Moran, Moura, Mumford, Palumbo, San Bento, Schadone, Slater, Smith, Tejada, Wasylyk, Williams.

NAYS — 28: Representatives Amaral, Anguilla, Aubin, Callahan, Caprio, Carter, Cerra, Enos, Gallison, Handy, Lima, Long, Malik, McHugh, McManus, Moffitt, Naughton, Petrarca, Picard, Rose, Savage, Scott, Shanley, Sherlock, Story, Trillo, Watson, Winfield.

CALENDAR

From the Supplemental Calendar are taken:

2. (03-S 777) (Substitute "B") An Act relating to monuments and memorials.

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

3. (03-S 598) An Act relating to labor and labor relations — hazardous substances.

Committee on Labor recommends passage in concurrence.

4. (03-S 590) An Act relating to holidays and days of special observance — days of special observance.

Committee on Labor recommends passage in concurrence.

5. (03-S 240) (Substitute "A") An Act relating to boats — title.

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

6. (03-S 237) An Act relating to towns and cities — zoning ordinances.

Committee on Judiciary recommends passage in concurrence.

7. (03-S 459) (Substitute "A" as amended) An Act relating to property — mechanics liens.

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

8. (03-S 236) (Substitute "A" as amended) An Act relating to state affairs and government — lobbying of state employees.

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

9. (03-S 134) (Substitute "A" as amended) An Act relating to criminal offenses — children.

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

10. (03-S 708) (Substitute "A") An Act relating to domestic relations — marriage licenses.

Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.

11. (03-S 579) (Substitute "A") An Act relating to agriculture and forestry — right to farm.

Committee on Environment and Natural Resources recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.

12. (03-S 681) (Substitute "B") An Act creating the Quonset Point/Davisville Management Corporation.

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

13. (03-S 609) (Substitute "A") An Act relating to public property and works — arbitration.

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

14. (03-S 445) (Substitute "A") Joint Resolution creating a special legislative commission to study the nursing crisis in Rhode Island Nursing Homes.

Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.

15. (03-S 332) An Act relating to criminal procedure — preliminary proceedings in District Courts.

Committee on Judiciary recommends passage in concurrence.

17. (03-S 463) An Act relating to sentence and execution.

Committee on Judiciary recommends passage in concurrence.

18. (03-S 658) An Act relating to causes of action.

Committee on Judiciary recommends passage in concurrence.

19. (03-S 664) An Act relating to criminal procedure — domestic violence prevention act.

Committee on Judiciary recommends passage in concurrence.

Majority Leader Fox moves to recommit the remainder of the Supplemental Calendar and bills held on the desk, seconded by Representatives Lima and Coderre.

There is no objection.

The items are recommitted, by unanimous consent, on a voice vote.

TRANSMITTAL

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

Upon suggestion of Majority Leader Fox, seconded by Minority Leader Watson, and without objection, all matters to be transmitted to His Excellency, the Governor, will be transmitted in due course.

Representatives Watson, Montanaro and Moura discuss a press conference held by the Governor in regard to the Rhode Island State Police.

ADJOURNMENT

At 7:55 o’clock P.M. on motion of Representatives Winfield, Petrarca and the entire House of Representatives, and as a further mark of respect to the memory of Guido Petteruti; on motion of Representative Carter, and as a further mark of respect to the memory of Kenneth McKay; on motion of Representative Lewiss, and as a further mark of respect to the memory of Nancy Luzzi; on motion of Representative McNamara and the entire Warwick delegation, and as a further mark of respect to the memory of Donald Cook; on motion of Representative McNamara, and as a further mark of respect to the memory of William Brady; on motion of Representatives Gorham, Moffitt, Watson, Scott and Carter, and as a further mark of respect to the memory of Kenneth D. Pettigrew, seconded by Representatives Fox, Watson and the entire House of Representatives, the House adjourns, pursuant to (03-S 1185), on a unanimous rising vote.

LINDA McELROY

_________

INVOCATION

REPRESENTATIVE PAUL W. CROWLEY

That our Governor may sleep more restfully we pray for continued good weather and a growing economy.

_________

TRANSMITTED TO THE GOVERNOR

(03-H 5017) (Substitute "B") An Act relating to alcoholic beverages — regulation of sales.

(03-H 5056) (Substitute "A") An Act relating to towns and cities — Chopmist Water District.

(03-H 5085 as amended) An Act relating to property.

(03-H 5115) (Substitute "B") An Act relating to labor and labor relations — minimum wages.

(03-H 5254) (Substitute "A" as amended) An Act relating to criminal offenses — abandonment and nonsupport.

(03-H 5375) (Substitute "B") An Act relating to criminals — correctional institutions — parole.

(03-H 5382) (Substitute "A") An Act relating to residential landlord and tenant act.

(03-H 5409) (Substitute "A" as amended) An Act relating to banking law — dishonored checks.

(03-H 5435) (Substitute "A") An Act relating to complaints of harassment.

(03-H 5483) (Substitute "A") An Act relating to motor and other vehicles — registration of vehicles.

(03-H 5769 as amended) An Act relating to businesses and professions.

(03-H 5865) (Substitute "A" as amended) An Act relating to motor and other vehicles — adjudication of traffic offenses.

(03-H 5919 as amended) An Act relating to education — health and safety of pupils.

(03-H 5951) (Substitute "B" as amended) An Act relating to businesses and professions — physical therapists.

(03-H 6005) (Substitute "A") An Act relating to health and safety — health care accessibility and quality assurance act.

(03-H 6071) (Substitute "A") An Act relating to food and rugs — uniform controlled substances act.

(03-H 6123) (Substitute "A") An Act relating to taxation.

(03-H 6410) (Substitute "A") An Act relating to alcoholic beverages — brewpub manufacturer’s license.

(03-H 6471) (Substitute "A") An Act relating to cities and towns — zoning.

(03-H 6473 as amended) An Act relating to health and safety.

(03-H 6476) (Substitute "A") An Act relating to taxation — property subject to taxation.

(03-H 6501) (Substitute "A") An Act relating to alcoholic beverages — retail licenses.

(03-S 17 as amended) An Act relating to criminal offenses – abandonment and nonsupport.

(03-S 22 as amended) An Act relating to motor vehicle insurance — motor vehicle body replacement parts.

(03-S 33) An Act relating to boxing and wrestling.

(03-S 43) (Substitute "A") An Act relating to Corrections Department.

(03-S 47) (Substitute "A" as amended) An Act relating to human services – children’s health care – hospice care.

(03-S 88) (Substitute "A" as amended) An Act relating to criminals — correctional institutions — parole.

(03-S 105) (Substitute "A" as amended) An Act relating to health and safety.

(03-S 137) (Substitute "A") An Act relating to insurance.

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

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

(03-S 155) (Substitute "A") An Act relating to water lines and works for the town of Middletown.

(03-S 192) An Act relating to taxation — sales tax.

(03-S 204) (Substitute "A") An Act relating to labor and labor relations.

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

(03-S 215) An Act relating to taxation.

(03-S 217) (Substitute "A") An Act relating to education – the Rhode Island student investment initiative.

(03-S 220) (Substitute "A" as amended) An Act relating to property.

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

(03-S 265) An Act relating to businesses and professions — patient protection act.

(03-S 270) (Substitute "A" as amended) An Act relating to food and drugs — fruits and vegetables generally.

(03-S 280) (Substitute "A") An Act relating to unfair competition and practices.

(03-S 281) (Substitute "A") An Act relating to insurance – federal riot reinsurance reimbursement fund.

(03-S 283) An Act relating to state affairs and government — Economic Development Corporation.

(03-S 286) An Act relating to registration of vehicles — Senator emeritus.

(03-S 301) An Act relating to education.

(03-S 318) (Substitute "A" as amended) An Act relating to health and safety – Department of Health.

(03-S 323) An Act relating to education — Rhode Island student investment fund.

(03-S 348) An Act relating to District Court.

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

(03-S 378) (Substitute "A") An Act relating to state affairs and government — pharmaceutical assistance to the elderly act.

(03-S 386) An Act relating to delinquent and dependent children — interstate compact on juveniles.

(03-S 387) (Substitute "A") An Act relating to food and drugs — uniform controlled substances act.

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

(03-S 393) (Substitute "A") An Act relating to Board of Medical Licensure and Discipline.

(03-S 395) (Substitute "A") An Act relating to state affairs and government – Governor’s Commission on Disabilities.

(03-S 397) An Act relating to complaints of harassment.

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

(03-S 401 as amended) An Act authorizing the city of Providence to convey certain property dedicated for park purposes.

(03-S 403) An Act relating to trust powers.

(03-S 413) (Substitute "A") An Act relating to health and safety — refuse disposal.

(03-S 418) (Substitute "A") An Act relating to education – school committees and superintendents.

(03-S 420 as amended) An Act relating to tax exemptions for farmland.

(03-S 424) (Substitute "A") An Act relating to Division of Motor Vehicles.

(03-S 442) (Substitute "A") An Act relating to anatomical gifts by motor vehicle operators.

(03-S 457 as amended) An Act relating to motor and other vehicles – adjudication of traffic offenses.

(03-S 461) (Substitute "A") An Act relating to motor and other vehicles – Rhode Island uniform commercial driver’s license act.

(03-S 462) (Substitute "A" as amended) An Act relating to property – mechanics’ liens.

(03-S 469) An Act relating to property — residential landlord tenant act.

(03-S 471) An Act relating to property – residential landlord and tenant act.

(03-S 480) (Substitute "A") An Act relating to criminal offenses — sexual offender registration and community notification.

(03-S 490 as amended) An Act relating to the Rhode Island Justice Commission.

(03-S 492) (Substitute "A") An Act relating to property — residential landlord and tenant act.

(03-S 499 as amended) An Act relating to towns and cities – relief of firefighters and police officers.

(03-S 501 as amended) An Act relating to public utilities and carriers — railroad preservation.

(03-S 524) An Act relating to retirement of municipal employees — military service credits.

(03-S 536) (Substitute "A") An Act relating to insurance — small employer health insurance availability act.

(03-S 544) An Act relating to taxation – levy and assessment of local taxes — Bristol.

(03-S 546) An Act relating to motor vehicles.

(03-S 559) (Substitute "A" as amended) An Act relating to financial institutions — licensed activities and regulating oversight.

(03-S 568) An Act relating to food and drugs.

(03-S 581) (Substitute "A" as amended) An Act relating to fishing.

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

(03-S 593) An Act relating to education — school committees and superintendents.

(03-S 594) An Act relating to education.

(03-S 595) (Substitute "A") An Act relating to education — certification of teachers.

(03-S 602) An Act relating to safety awareness.

(03-S 603) An Act relating to businesses and professions — electricians.

(03-S 607) An Act relating to electricians.

(03-S 610) An Act relating to towns and cities — relief of firefighters and police officers.

(03-S 623) An Act relating to public property and works — labor and payment of debts by contractors.

(03-S 626) (Substitute "B" as amended) An Act relating to workers’ compensation — benefits.

(03-S 662) An Act relating to courts and civil procedure — Family Court.

(03-S 667) An Act relating to court administration.

(03-S 670) (Substitute "A") An Act exempting from taxation the property of the Pawtucket, RI Young Men’s Christian Association.

(03-S 671) (Substitute "A") An Act relating to health and safety — licensing of health care facilities.

(03-S 692) An Act relating to domestic relations — child custody.

(03-S 715 as amended) An Act relating to motor vehicles — drivers license notification of selective registration requirement.

(03-S 717) (Substitute "A") An Act relating to aeronautics.

(03-S 736) (Substitute "A") An Act relating to businesses and professions — confidentiality of health care communications and information act.

(03-S 741) An Act relating to state affairs and government — jobs development act.

(03-S 802) (Substitute "A" as amended) An Act relating to businesses and professions — contractors’ registration.

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

(03-S 809) (Substitute "A") An Act relating to the Tockwotton Home, originally incorporated as Home for Aged Women.

(03-S 816) An Act relating to insurance — extended medical benefits.

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

(03-S 822) An Act relating to cities and towns — exempting from taxation property of the Newport, Rhode Island Young Men’s Christian Association.

(03-S 824) An Act relating to businesses and professions — athlete agents.

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

(03-S 829) (Substitute "A" as amended) An Act relating to businesses and professions — physical therapists.

(03-S 830) An Act relating to business and professions — Board of Medical Licensure and Discipline.

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

(03-S 857 as amended) An Act relating to insurance — workers’ compensation insurance fund.

(03-S 858) An Act relating to industrial legislation.

(03-S 864) (Substitute "A") An Act relating to education — Board of Governors for High Education.

(03-S 866) An Act relating to education.

(03-S 874) An Act relating to state affairs and government — home and community care services to the elderly.

(03-S 880) Joint Resolution memorializing Congress to take action to stabilize the Medicare program.

(03-S 883) (Substitute "A") An Act relating to abused and neglected children.

(03-S 905) (Substitute "A") An Act relating to taxation — sales and use taxes — liability and computation.

(03-S 911) An Act relating to insurance — producer licensing act.

(03-S 915) (Substitute "A" as amended) An Act relating to public utilities and carriers — taxicabs and limited public motor vehicles.

(03-S 926) An Act relating to taxation.

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

(03-S 931) (Substitute "A") An Act relating to towns and cities — Chopmist Water District.

(03-S 933) Joint Resolution reinstating the life of and extending the reporting and expiration dates of the special legislative commission to study the concept of sustainability as it could be encouraged by state government.

(03-S 956) An Act relating to taxation — property subject to taxation.

(03-S 959) An Act relating to the town of Scituate — Juvenile Hearing Board.

(03-S 981) An Act relating to taxation — property subject to taxation.

(03-S 1001) An Act relating to animals and animal husbandry — dog licenses.

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

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

(03-S 1023 as amended) An Act relating to Family Court.

(03-S 1025 as amended) An Act relating to levy and assessment of local taxes.

(03-S 1037) An Act relating to cities and towns — exempting from taxation certain property of the Healing Co-Op, Inc.

(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.

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

(03-S 1078) (Substitute "A" as amended) An Act relating to public property and works.

(03-S 1091) An Act exempting from taxation the real, mixed and personal property of the Darlington Braves, Inc. of Pawtucket.

(03-S 1092) (Substitute "A") 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.

(03-S 1097) An Act to vacate the forfeiture or revocation of the charter of North Smithfield Auto Salvage, Inc.

(03-S 1099) An Act to vacate the forfeiture or revocation of the charter of Kaiser Tree Preservation Company

(03-S 1103) (Substitute "A") An Act relating to taxation — property subject to taxation.

(03-S 1106) An Act relating to domestic relations — divorce and separation.

(03-S 1112) An Act relating to towns and cities — zoning ordinances.

(03-S 1113 as amended) An Act relating to taxation.

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

(03-S 1122) (Substitute "A" as amended) An Act relating to securities.

(03-S 1123 as amended) An Act relating to insurers’ rehabilitation and liquidation act.

(03-S 1125) An Act relating to motor and other vehicles — motor fuel tax.

(03-S 1126) An Act relating to towns and cities — creating the West Greenwich Water District.

(03-S 1127 as amended) An Act relating to taxation.

(03-S 1130) An Act authorizing the town of Middletown to finance the construction, furnishing and equipping of an elementary school through the issuance of not more than $8,400,000 bonds and/or notes.

(03-S 1133) An Act to vacate the forfeiture or revocation of the charter of the Fitness Connection, Inc.

(03-S 1136) An Act to vacate the forfeiture or revocation of the charter of Caribe Tropical Foods, Inc.

(03-S 1137) An Act to vacate the forfeiture or revocation of the charter of J.C. Jewelry, Inc.

(03-S 1138) An Act to vacate the forfeiture or revocation of the charter of Silva Environmental & Associates, Inc.

(03-S 1141) An Act authorizing the town of Portsmouth to issue general obligation bonds and/or notes in an amount not to exceed $3,800,000 to construct a field house facility, including a gymnasium for Portsmouth High School.

(03-S 1142) An Act to vacate the forfeiture or revocation of the charter of Foster Senior Housing, Inc.

(03-S 1143) An Act to vacate the forfeiture or revocation of the charter of Riteway Properties, Inc.

(03-S 1144) An Act relating to alcoholic beverages — retail licenses.

(03-S 1147) An Act relating to taxation — property subject to taxation.

(03-S 1148) An Act relating to taxation — elderly real property exemption.

(03-S 1152) An Act relating to the General Assembly — permanent Joint Committee on naming all new buildings, bridges, edifices and other state constructions.

(03-S 1156) Joint Resolution making an appropriation to pay certain claims.

(03-S 1157) An Act relating to alcoholic beverages — regulation of sales.

(03-S 1160) Joint Resolution making an appropriation to pay certain veterans’ bonuses.

(03-S 1161) An Act authorizing the town of Middletown to borrow up to $2,500,000 for the purpose of financing the construction of sewers and sewerage systems through the issuance of its general obligation bonds or notes including but not limited to, any bonds or notes issued pursuant to financing agreements with the Rhode Island Clean Water Finance Agency.

(03-S 1163) An Act to vacate the forfeiture or revocation of the charter of the Potowomut Investment Company.

(03-S 1167) An Act to vacate the forfeiture or revocation of the charter of Nathanael Greene Fraternal Association.

(03-S 1168) (Substitute "A") An Act relating to motor and other vehicles — registration of vehicles.

(03-S 1169) An Act to vacate the forfeiture or revocation of the charter of Al and Betty Enterprises, Inc.

(03-S 1171) An Act to vacate the forfeiture or revocation of the charter of Premier Motors, Inc.

(03-S 1172) An Act relating to the Kent County Water Authority — town of West Warwick.

(03-S 1174) An Act relating to towns and cities — Echo Lake Water District.

(03-S 1175) An Act relating to motor and other vehicles — operators’ and chauffeurs’ licenses.

(03-S 1181) An Act to vacate the forfeiture or revocation of the charter of Gansett Steel Erectors Corp.

(03-S 1182) An Act relating to taxation — Warwick.

(03-S 1187) An Act relating to special development districts — East Providence.

(03-S 1188) An Act relating to miscellaneous rules.

(03-S 1189) An Act relating to weapons.

(03-S 1196) An Act relating to criminal offenses — disorderly conduct.

(03-S 1199) An Act relating to criminal offenses.

(03-S 1202) An Act relating to taxation.

(03-S 1206) An Act relating to public finance.

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DISAPPROVAL MESSAGE FROM

HIS EXCELLENCY, THE GOVERNOR

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

EXECUTIVE CHAMBER

Donald L. Carcieri

July 8, 2003

TO THE HONORABLE, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES:

I veto the Budget enacted by the General Assembly for the Fiscal Year 2004 because it is fundamentally flawed. Rather than provide a blueprint for future successes, it continues a dangerous pattern of spending beyond our means. This Budget violates the principles upon which I based my proposed budget earlier this year by unnecessarily raising taxes paid by nearly every Rhode Islander, increasing government spending at an unsustainable pace, and protecting benefits for special interests that enrich a favored few at the expense of the general public. Although it adopts much of the Jobs Agenda that my administration developed to stimulate job growth, at its core this Budget fails the people of Rhode Island by ignoring our government’s recurring structural deficit. Only when the General Assembly makes the difficult choices necessary to control state spending will Rhode Island be prepared to embrace its true and great potential.

Therefore, in accordance with the provisions of Section 43-1-4 of the General Laws of the State of Rhode Island, I transmit, with my disapproval, 2003-H-6174 Substitute A, As Amended, "An Act Making Appropriations for the Support of the State for the Fiscal Year Ending June 30, 2004."

I begin by noting the positives in this Budget. The General Assembly has acknowledged the need for strategic investments in projects that will expand and diversify our economy. My administration is committed to creating new and better jobs for Rhode Island. By 2006, our goal is to create 20,000 new jobs that pay good wages and benefits. In the last two years, Rhode Island created only 5,200 new jobs, so my goal is to double our most recent growth rate. To support this bold effort, I requested that the General Assembly support the Jobs Agenda of legislative and budgetary proposals designed by my administration. In this area, the General Assembly has displayed commendable leadership.

By its adoption of my Jobs Agenda, this Budget reflects
my emphasis on creating an environment that will attract private sector entrepreneurs to our state. With an additional $600,000 in state funds, we will begin planning the construction of w worldclass Center for Biotechnology and Molecular Biosciences on the campus of the University of Rhode Island as well as a cutting-edge Biotechnology Manufacturing Training Laboratory in Providence. These forward-looking initiatives build on Rhode Island’s tremendous intellectual capital in the biotechnology field and represent tangible proof to the business world that Rhode Island is committed to becoming a national leader in this industry.

The Jobs Agenda also invests in people. A $1.4 million increase in adult literacy funding and a doubling of the State’s need-based scholarship fund to $10 million will expand our labor pool and enhance the quality of the Rhode Island workforce. These investments are seeds for long-term prosperity as more and more Rhode Islanders are given the skills and the opportunities to participate in our economic growth.

Complementary to these efforts to strengthen our biotechnology base and invest in our people is the expansion of the Slater Centers for Excellence. The Slater Centers have created hundreds of high-quality jobs for Rhode Islanders since their inception. This Budget increases Slater funding from $2.5 million to $4.0 million.

The Jobs Agenda also supports the growth of traditional manufacturing jobs by lowering a tax that inhibits expansion of manufacturing operations in Rhode Island. This Budget also adopts my proposal to create an Office of Economic and Community Development at the Economic Development Corporation. The OECD will bring to every city and town development that is appropriate to its setting, environmentally-sensitive, and cost-efficient. The investments detailed in the Jobs Agenda were carefully selected. Not only do they capitalize on our strengths, but they are relatively modest and affordable.

This Budget also adopts my proposal to jump-start five vital transportation projects. By using an innovative federal financing program, we will begin construction of a new Sakonnet River Bridge, speed up the relocation of Route 195 in Providence, build a new Washington Street Bridge in Providence and East Providence, improve the freight rail in North Kingstown, and begin the next phase of Route 403 at the Quonset Davisville Industrial Park. Speeding the construction timetables on these important projects will save the State millions of dollars, create jobs, reduce inconvenience, and significantly upgrade our State’s physical infrastructure.

But these positive elements do not outweigh the serious problems at the heart of this Budget. Although technically balanced, this Budget simply masks the underlying deficit that the General Assembly has ignored since FY02. In both FY02 and FY03, state government operated with a $225 million structural deficit in which the costs of running state government greatly exceeded the revenues that we can count upon to fund ongoing operations. In each year, the State used one-time extraordinary sources of revenues to fill the gap, including the surplus that the State built up in prior years and the proceeds of the national tobacco litigation settlement.

My proposed budget reversed that trend of deficit spending. I proposed a state budget for FY04 that constrained spending to 2.3% growth over FY03. As a consequence of that fiscal discipline, my administration estimated that the FY05 deficit would be only $24 million and that beginning in FY06, state government would operate at a surplus for the first time in five years.

The General Assembly has abandoned that path of prudent budgeting. Instead, this Budget increases expenditures over FY03 by 4.2%; nearly double the rate of increase in my proposed budget. My administration projects that this Budget sets the State on a course for a deficit in FY05 in excess of $170 million, with larger deficits to follows.

This projected deficit may prove to be too conservative. Just two months ago, the Revenue Estimating Conference set new official estimates of the revenues the State expects to receive for FY03 and FY04. The Conference lowered our revenue estimates for both years. However, even these lowered estimates include an assumed 5.5% growth in personal income taxes in Fy04 over FY03, an estimate that I am concerned we will not achieve. If we fall short of that mark, our budget deficits will grow even more.

This Budget also includes unfounded assumptions of cost savings that will likely result in supplemental appropriations mid-year. Built into this "balanced" budget is an assumption of $5.9 million in savings attributed to a reduced inmate population at the Adult Correctional Institution that is expected to be lower than previously anticipated. However, $3.1 million of this assumed savings is unachievable. The reduction from the previously-established inmate population of 3640 to the now-adopted estimate of 3500 for FY04 will permit the Department of Corrections to reduce inmate per diem costs and staffing costs by $2.8 million. But a thorough investigation of the potential for additional cost savings confirms that the General Assembly’s assumption of additional savings is pure speculation.

We need not resign ourselves to perpetual deficits. This year we are uniquely positioned to manage our current expenses and save for future problems. Yet this Budget does neither. In addition to $52 million in federal Medicaid expenditure relief, the United States government provided Rhode Island with $50 million in one-time aid to be used for nearly any governmental purpose.
I advised the General Assembly that the State should reserve this extraordinary windfall for future budget shortfalls. But this Budget spends every nickel of these non-recurring funds on on-going programs. This is not a prudent use of these dollars. Reasonable budgeting does not assume that the doors of the federal treasury will be open again next year. By increasing our operating costs on the basis of an unexpected windfall, we are simply creating a larger problem for next year.

In addition to spending all of the one-time federal funds, this Budget raises taxes on nearly every Rhode Islander by increasing the sales tax on meals and beverages sold in restaurants to eight percent. I am opposed to increases in our broad-based taxes in this year’s Budget, and my spending plan reflected that. Although the estimated $9.5 million that this sales tax hike will generate is retained by municipal governments and does not flow through the state budget, the effect and intent of this tax is to increase state aid to municipalities indirectly. We should acknowledge that it is yet another form of increased state spending. Municipalities must also take steps to reduce their own spending. Rhode Island has the fifth highest property tax burden in the nation and spending drives taxes. A complete answer to the property tax problem does not lie in yet more state aid. Shifting the tax burden from local taxpayers to state taxpayers is no solution if the level of expenditures remains the same.

Truly objectionable is the impact this new meal tax will have on working families. Because the sales tax makes no distinction between a poor taxpayer and a wealthy one, it is a regressive tax. All families, regardless of income, will pay more for prepared meals purchased in restaurants, diners, and supermarkets. Moreover, this tax weakens our competitive position in the tourism industry, a leasing employer in our State. At present, this industry is under great stress and should not be expected to shoulder this additional burden. By controlling spending, we can reduce the tax burden on Rhode Islanders, already one of the highest overall burdens in the nation. Unfortunately, by increasing spending and raising the sales tax, this Budget steps in the wrong direction, for both our economy and our working families.

Every governmental budget is a statement of priorities. I oppose this Budget not only because of its overall increased level of expenditures and higher taxes, but because its priorities are misdirected. While raising taxes and spending the entire federal bonus in one year, the General Assembly simultaneously rejected my proposals to save the State an additional $23.5 million and municipalities another $9 million by sharing the burden of a restrained budget among all of the constituencies that benefit from state government. My proposals to eliminate the subsidy paid to owners of greyhound kennels would have saved taxpayers an additional $10 million this year over the General Assembly’s plan, while my proposal to increase state employee and teacher contributions to their own pension funds would have saved state and local taxpayers $22.5 million. In both instances, the General Assembly chose to placate special interest and not to protect the best interests of all Rhode Islanders.

No issue better exemplifies the failings of this Budget than the estimated $10 million that Lincoln Park greyhound kennel owners will be paid this year under the General Assembly’s plan. Continued taxpayer subsidy of a small number of largely non-resident kennel owners is indefensible. In 1993, when the State first began sharing with these owners a portion of the profits generated by the state-sanctioned and state-regulated video lottery terminals, the payment totaled $1.3 million. Ten years later, betting on greyhound racing at Lincoln Park has declined by 63%, but the greyhound owners’ share of the VLT profits has skyrocketed to $13.5 million in Fiscal Year 2003.

Faced with no evidence that greyhound racing at Lincoln Park has any noticeable effect on VLT revenues, I proposed eliminating this subsidy entirely. With intense lobbying from the kennel owners, the General proposes paying the owners $10 million this year, $13 million in FY05, $15 million in FY06, $18 million in FY07, $19 million in FY08, and presumably much more in perpetuity. This proposal amounts to a $75 million subsidy over only five years. There is no justification for these payments; especially in a Budget that raises taxes on meals purchased by nearly all Rhode Islanders at restaurants, even by those struggling to make ends meet. If every Budget is indeed a framework of a government’s priorities, this continued subsidy demonstrates that special interests have distorted our vision.

From the perspective of the State’s long-term fiscal health, no issue is more important than controlling the spiraling costs of health care and pension benefits for state employees and teachers. Personnel costs account for one quarter of the state budget. In FY04, the costs of providing state employee health care benefits increased by 18% over FY03. Increases in pension costs are even more dramatic. Between FY04 and FY05, the State’s share of state employee and teacher pension costs will increase by $21 million, or 21%. I plan to address the health care issue with labor at the bargaining table. I proposed in my recommended budget and related legislation to begin the necessary task of reigning in pension costs. In addition to saving the State $13.5 million in general revenues and municipalities $9.0 million in reduced pension contributions, my proposals would have reduced the long-term costs of the state pension system by capping the cost of living adjustment for public pensions to the lower of three percent or the rate of inflation.

The General Assembly refused to address these issues. I do not relish proposing these changes to public employee benefit packages, however I must represent all Rhode Islanders and advocate a plan that is both fair and affordable. Our 15,000 state employees and 11,000 public school teachers are vital to our economy and our quality of life. But their benefits and pensions must be more reflective of what all Rhode Islanders receive. Co-sharing of health care benefits is nearly universal in the private sector, yet it is virtually unheard of in state government. Few private sector pension plans can boast no minimum retirement age, a pension benefit equal to eighty percent of pay, and automatic 3% annual increases in payments, yet these are the standard in Rhode Island state and local governments. I am deeply concerned that the General Assembly did not recognize the importance of beginning to adjust these costs, but I pledge to revisit these issues until we have constructed a personnel system that is affordable and fair to all Rhode Islanders.

These missed opportunities to improve the State’s financial condition ¾ eliminating subsidies for greyhound kennel owners and controlling public employee personnel costs ¾ are symptomatic of a government of the past that will continue to hold us back. Balancing a budget within responsible parameters requires making hard choices. This Budget has increased spending by $34 million over my recommendation and restores $23.5 million for kennel owners and public employee pensions that I recommended be cut, while both raising taxes and spending the entire federal windfall.

For these reasons, I veto this Budget for FY04. I would accept a State budget that controls spending, holds the line on broad-based taxes, begins to reform the state pension system, places the needs of the general public above those of special interests, and addresses the State’s long-term deficit. This Budget accomplishes none of these tasks. The only course is to begin anew.

I respectfully request that we convene a meeting of the legislative leadership to begin crafting a more responsible budget for the State for this fiscal year. This is the most important issue before the State today. A successful future is dependent upon a solid fiscal plan. We have nearly within our grasp our true potential as a State, but this Budget stands in our way. I ask for your help in righting our course by supporting my veto of this Budget.

Respectfully,

DONALD L. CARCIERI