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. 67

Friday, June 27, 2003

Sixty-seventh Day

The House of Representatives meets at the State House in Providence, Friday, June 27, 2003, and is called to order at 1:17 o’clock P.M., by the Honorable William J. Murphy, Speaker.

 

The roll is called and a quorum is declared present with 71 members present and 3 members absent as follows:

PRESENT — 71: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Harwood, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

ABSENT — 3: Representatives Faria, Scott, Slater.

 

INVOCATION

The Honorable Speaker presents Representative Ginaitt, who delivers the Invocation and leads the membership in the Pledge of Allegiance to the Flag.

(For Invocation, see Appendix, this Journal.)

 

CORRECTION

By unanimous consent, the House Journal of Thursday, June 26, 2003, is hereby corrected on page 8, column 1, line 21, by inserting "in concurrence" after the words "(Substitute "B")".

 

APPROVAL OF RECORD

By unanimous consent, the House Journal of Thursday, June 26, 2003, is approved as corrected.

 

ANNOUNCEMENT

Representative Brien commends the Woonsocket Fire Department and surrounding communities in Massachusetts and Rhode Island also Speaker Murphy for their quick response, concern and support in the large mill fire in the city of Woonsocket.

 

REPORTS OF COMMITTEES

COMMITTEE ON FINANCE

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

(03-H 5182) (Substitute "A") An Act relating to sports, racing, and athletics – and extension of gambling activites and other facilities.

Received and ordered to be placed on the Calendar.

 

(03-H 6554) Joint Resolution making an appropriation to pay certain claims.

Received and ordered to be placed on the Calendar.

 

COMMITTEE ON SEPARATION OF POWERS

Representative Coderre, for the Committee on Separation of Powers, reports back the following measure, with recommendation of passage:

(03-H 5277) An Act relating to equal opportunity and affirmative action.

Received and ordered to be placed on the Calendar.

 

CALENDAR

From the Calendar as a Special Order of Business is taken:

1. (03-H 6174) (Substitute "A") An Act relating to making appropriations for the support of the state for the fiscal year ending June 30, 2004.

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

By unanimous consent, the House will take up each of the following items separately:

 

Article 1 – Relating To Making Appropriations In Support Of Fy 2004

 

Article 2 – Relating To Compensation Of Board Members

 

Article 3 – Relating To Borrowing In Anticipation Of Taxes

 

Article 4 – Relating To Depositors Economic Protection Corporation – Sinking Fund

 

Article 5 – Relating To Capital Development Program

 

Article 6 – Relating To Public Utilities Metering Devices

 

Article 7 – Relating To Business Corporation Tax

 

Article 8 – Relating To Superior Court Fees

 

Article 9 – Relating To Education Aid

 

Article 10 – Relating To Video Lottery Terminals

 

Article 11 – Relating To Licensing Of Health Care Facilities

 

Article 12 – Relating To Human Services-family Independence Act

 

Article 13 – Relating To Motor Vehicle And Trailer Excise Tax

 

Article 14 – Relating To Environmental Management

 

Article 15 – Relating To Public Utilities & Carriers – Duties Of Utilities And Carriers

 

Article 16 – Relating To State Aid

 

Article 17 – Relating To Licensing Of Child Care Providers

 

Article 18 – Relating To General Public Assistance

 

Article 19 – Relating To Hospital Uncompensated Care

 

Article 20 – Relating To Fish And Wildlife — Licensing

 

Article 21 – Relating To Special Program For Care Of Severely Disabled Elderly Residents Who Need Nursing Facility Services

 

Article 22 – Relating To Medical Assistance – Rite Care

 

Article 23 – Relating To Real Estate Licenses And Fees

 

Article 24 – Relating To Securities Registration Fees

 

Article 25 – Relating To Retirement System Administration

 

Article 26 – Relating To Medical Assistance – Rates Of Reimbursement For Hospital Emergency Room Physician Services

 

Article 27 – Relating To A Joint Legislative Commission To Study The Implementation Of A Funding Index For Private Community-based Providers Operating Pursuant To Contracts With The State Of Rhode Island

 

Article 28 – Relating To Motor Fuel Tax

 

Article 29 – Relating To Share Based Fees

 

Article 30 – Relating To The Select Commission On Race And Police-community Relations Act

 

Article 31 – Relating To State Archives

 

Article 32 – Relating To Temporary Disability Insurance Refunds

 

Article 33 – Relating To Unclaimed Intangible And Tangible Property

 

Article 34 – Relating To Health – Facility Licensing

 

Article 35 – Relating To Public Utilities And Carriers – Regulatory Powers Of Administration

 

Article 36 – Relating To Joint Resolution On Higher Education Facilities

 

Article 37 – Relating To A Tax Study Commission And An Education Funding Study Commission

 

Article 38 – Relating To State Aid – A Statewide Study Of Tax Treaties And Exemptions

 

Article 39 – Relating To State Affairs And Government

 

Article 40 – Relating To Public Utilities And Carriers

 

Article 41 – Relating To Medical Assistance

 

Article 42 – Relating To Appropriations

 

Article 43 – Relating To State Budget

 

Article 44 – Relating To Effective Date

ARTICLE 20

RELATING TO FISH AND WILDLIFE –

LICENSING

Representative Malik moves to eliminate the article, seconded by Representatives Rose, McNamara, Corvese, Reilly, DeSimone, Coderre, Naughton, Lewiss, Wasylyk, Cerra, Shavers, Ginaitt, McHugh, Carter, Handy, Menard, Caprio, Moran, Picard, Jacquard, Mumford, Watson, Trillo, Moffitt, Callahan, Landroche, Laroche, Kilmartin, Montanaro, Sherlock, Lima, Wasylyk, Cerra, Fox, Gallison, Aubin, Benson, Williamson, Brien, McCauley, Tejada, Gorham, Savage, Amaral, Story, McManus and Costantino.

Representative Trillo requests the record to reflect that he had previously requested an amendment for this article.

The article is eliminated, on a roll call vote, 62 members voting in the affirmative and 1 member voting in the negative as follows:

YEAS — 62: The Honorable Speaker Murphy and Representatives Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Ginaitt, Gorham, Handy, Harwood, Jacquard, Kennedy, Lally, Landroche, Laroche, Lewiss, Lima, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Winfield.

NAYS — 1: Representative Ajello.

Representative Long requests the journal to reflect that if he had voted on Article 20, he would have voted in the affirmative.

There is no objection.

 

ARTICLE 2

RELATING TO

COMPENSATION OF BOARD MEMBERS

Representative Costantino moves passage of the article, seconded by Representatives Crowley, Sherlock, Carter, Moffitt, Shanley, Malik, Lewiss, Shavers, San Bento, Naughton and Cerra.

Representatives Watson, Costantino, Corvese, Gorham and Fox discuss the article.

By unanimous consent, Representative Watson, seconded by Representatives Sherlock, Fox, Costantino and Callahan, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

(1) In Article 2, page 2, lines 24 through 26, by deleting all language in its entirety.

(2) In Article 2, page 2, line 27, after the word "SECTION" by deleting the figure "3" and inserting in place thereof the figure "2".

(3) In Article 2, page 2, line 32, after the word "SECTION" by deleting the figure "4" and inserting in place thereof the figure "3".

(4) In Article 1, page 2, line 1, by deleting the figure "80,182" and inserting in place thereof the figure "116,182".

Respectfully submitted,

ROBERT A. WATSON

Representative, District 30

The motion to amend is read and prevails on a roll call vote, 56 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 56: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Dennigan, DeSimone, Fox, Gallison, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

Representative Watson discusses the article as amended.

The article is read and prevails, as amended, 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, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Fox, Gallison, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

Representative Long requests the journal to reflect that if he had voted on Article 2, as amended, he would have voted in the affirmative.

There is no objection.

 

ARTICLE 3

RELATING TO BORROWING IN ANTICIPATION OF TAXES

Representative Costantino moves passage of the article, seconded by Representatives Rose, Naughton, Malik, San Bento and Crowley.

The article is read and prevails, 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, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Fox, Gallison, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Williams, Williamson, Winfield.

NAYS — 0.

Representative Long requests the journal to reflect that if he had voted on Article 3, he would have voted in the affirmative.

There is no objection.

 

ARTICLE 4

RELATING TO DEPOSITORS ECONOMIC

PROTECTION CORPORATION — SINKING FUND

Representative Sherlock moves passage of the article, seconded by Representatives Fox, Gallison, San Bento and Naughton.

The article is read and prevails, on a roll call vote, 63 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 63: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Fox, Gallison, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

ARTICLE 5

RELATING TO CAPITAL DEVELOPMENT

PROGRAM

Representative Costantino moves passage of the article, seconded by Representatives Rose, Malik, Shavers, Moura, Smith, Crowley, Naughton, Benson, Gallison, Lowe and San Bento.

The article is read and prevails, 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, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Gallison, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

Representative Long requests the journal to reflect that if he had voted on Article 5, he would have voted in the affirmative.

There is no objection.

 

Representative Sherlock requests to go back to Article 4 for an amendment.

There is no objection.

 

ARTICLE 4

RELATING TO DEPOSITORS ECONOMIC

PROTECTION CORPORATION – SINKING FUND

By unanimous consent, Representative Sherlock, seconded by Representatives Costantino, Naughton and San Bento, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

(1) In Article 4, page 1, line 24 by inserting the word "the" after the word "in".

(2) In Article 4, page 1, line 29 by striking the language and number "forty-six million seven hundred thousand dollars ($46,7000,000)" and inserting in its place the following language and number "fifty million one hundred thousand dollars ($50,100,000)".

(3) In Article 4, page 2 by inserting the following paragraph after line 2:

"SECTION 3. Section 42-116-2 of the General Laws in Chapter 42-116 entitled "Rhode Island Depositors Economic Protection Corporation" is hereby amended by adding thereto the following section"

42-116-25.2. INDEMNIFICATION. – The state shall indemnify the tax administrator and any of his/her agents for any recovery against the administrator in his/her personal capacity arising out of any act or omission occurring within the scope of the administrator’s duties; provided that the act or omission is not the result of fraud, willful misconduct, or malice."

(4) In Article 4, page 2, line 3 by changing "SECTION 3" to "SECTION 4".

(5) In Article 4, page 2, line 21 by striking the language and number "January 1, 2004" and inserting in its place the following language and number "July 1, 2003".

(6) In Article 4, page 2, line 21 by changing "SECTION 4" to "SECTION 5".

Respectfully submitted,

PAUL V. SHERLOCK

Representative, District 20

The motion to amend is read and prevails on a roll call vote, 56 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 56: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Fox, Gallison, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Lewiss, Lima, Lowe, McCauley, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Story, Tejada, Trillo, Wasylyk, Williams, Williamson, Winfield.

NAYS — 0.

The article is read and prevails, as amended, 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, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Fox, Gallison, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Williamson, Winfield.

NAYS — 0.

Representative Long requests the journal to reflect that if he had voted on Article 4, as amended, he would have voted in the affirmative.

There is no objection.

 

ARTICLE 6

RELATING TO PUBLIC UTILITIES METERING DEVICES

Representative Sherlock moves passage of the article, seconded by Representatives Gallison, Fox and Williamson.

The article is read and prevails, on a roll call vote, 59 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 59: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Gallison, Ginaitt, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Williamson, Winfield.

NAYS — 0.

Representative Long requests the journal to reflect that is he had voted on Article 6, he would have voted in the affirmative.

There is no objection.

 

ARTICLE 7

RELATING TO BUSINESS CORPORATION TAX

Representative Costantino moves passage of the article, seconded by Representatives Naughton, Malik, Williamson, Sherlock and Jacquard.

Representatives Mumford and Sherlock discuss the budget process.

By unanimous consent, Representative Sherlock, seconded by Representatives Naughton and Malik, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

In Article 7, page 14, line 15, by deleting the word "and" and inserting a comma "(,)" in place thereof.

In Article 7, page 14, line 15, by inserting the word and number "and 14" after the number "13".

Respectfully submitted,

PAUL V. SHERLOCK

Representative, District 20

The motion to amend is read and prevails 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, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, DeSimone, Fox, Gallison, Ginaitt, Gorham, Handy, Jacquard, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

Representatives Reilly and Trillo request to vote Section 6 separately.

The Honorable Speaker rules it can be voted on separately.

By unanimous consent, Representative Trillo, seconded by Representatives Moffitt and Mumford, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

(1) In Article 7, page 6, by deleting lines 9 through 34.

(2) In Article 7, page 7, by deleting lines 1 through 13.

(3) In Article 7, page 7, line 14, beginning with "SECTION 10" by renumbering all sections accordingly.

(4) In Article 7, page 14, line 16, by deleting the sentence "Section 9 of this article shall take effect on August 1, 2003."

Respectfully submitted,

JOSEPH A. TRILLO

Representative, District 24

Representatives Costantino, Watson, Gorham, Caprio, Trillo, Crowley, Montanaro and Fox discuss the amendment.

Representative Watson discusses the amendment.

Representative Menard rises on a point of order for Representative Watson to speak germane to the amendment.

The Honorable Speaker rules for Representative Watson to speak germane to the amendment.

Representatives Wasylyk and Lima discuss the amendment.

Representative Trillo rises on a point of order for Representative Lima to speak germane to the amendment.

The Honorable Speaker rules for Representative Lima to speak germane to the amendment.

Representatives Williamson and Moura discuss the amendment.

Representative Callahan rises on a point of order for Representative Moura to speak germane to the amendment.

The Honorable Speaker rules for Representative Moura to speak germane to the amendment.

Representative Crowley moves to lay Representative Trillo’s amendment on the table.

Representative Watson rises on a point of order to object to Representative Crowley’s motion.

The Honorable Speaker rules that Representative Crowley’s motion is permitted under Rule 17.

Representative Crowley withdraws his motion.

The motion to amend is read and fails of passage, on a roll call vote, 14 members voting in the affirmative and 51 members voting in the negative as follows:

YEAS — 14: Representatives Amaral, Caprio, Gorham, Long, McHugh, McManus, Moffitt, Mumford, Reilly, Savage, Smith, Story, Trillo, Watson.

NAYS — 51: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Anguilla, Aubin, Benson, Brien, Callahan, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Handy, Jacquard, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Naughton, Petrarca, Picard, Rose, San Bento, Schadone, Shanley, Shavers, Sherlock, Tejada, Wasylyk, Williams, Williamson, Winfield.

By unanimous consent, Representative Wasylyk, seconded by Representatives Fox and Lima, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

1. In Article 7, page 8, between lines 9 and 10, by inserting the following language:

"(c) Ten percent (10%) of the recording fees provided for in this section shall be utilized by each city or town for the purposes of document preservation and technological upgrades."

Respectfully submitted,

PETER N. WASYLYK

Representative, District 6

The motion to amend is read and prevails on a roll call vote, 65 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 65: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Williamson, Winfield.

NAYS — 0.

By unanimous consent, Representative Costantino, on behalf of Representative Sherlock, seconded by Representative Wasylyk, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

1. In Article 7, page 1, by deleting line 2 and inserting in place thereof the language "Relating to Taxes".

2. In Article 7, page 12, by deleting lines 11 through 34.

3. In Article 7, page 13, by deleting lines 1 through 34 and inserting in place thereof the following:

"SECTION 12. Chapter 39-3 of the General Laws entitled "Regulatory Powers of Administration" is hereby amended by adding thereto the following section:

39-3-11.3. Providence water supply board transfer. – Notwithstanding any other provisions of law, the Providence Water Supply Board shall transfer to the general fund of the city of Providence and amount equal to five percent (5%) per annum times the annual gross revenues of the Providence Water Supply Board for the fiscal year ending June 30, 2004, and for the next two (2) succeeding fiscal years. This transfer shall not be included as part of the Providence Water Supply Board’s rates approved by a final unappealable order of the Public Utilities Commission for same three (3) fiscal years.

SECTION 13. Section 46-15.3-21 of the General Laws in Chapter 46-15.3 entitled "Public Drinking Water Supply System Protection" is hereby amended to read as follows:

46-15.3-21. Fees, rates and charges. — (a) The fees, rates, and charges for drinking water are a mandatory component of water supply system management.

(b) The following factors shall be considered in setting fees, rates, and charges:

(1) Recovery of all capital and operating costs, fixed and variable of production, conservation, use, management, protection, obtaining, development, procuring, and/or transporting water, and its sale at wholesale or retail;

(2) Marginal cost pricing;

(3) Emergency and drought period surcharges;

(4) Seasonal price structures;

(5) Difference in costs based upon different points of delivery;

(6) The effect of fees, rates, and charges on use of water and, where applicable, on wastewater costs and charges;

(7) The effect of reducing non-account water to levels consistent with stated goals;

(8) Preparing, maintaining and implementing water supply system management programs.; and

(9) Notwithstanding any other provisions of law, the Providence Water Supply Board shall transfer to the general fund of the city of Providence an amount equal to five percent (5%) per annum times the annual gross revenues of the Providence Water Supply Board for the fiscal year ending June 30, 2004, and for the next two (2) succeeding fiscal years. This transfer shall not be included as part of the Providence Water Supply Board’s rates approved by a final unappealable order of the Public Utilities Commission for same three (3) fiscal years.

(c) Notwithstanding the provisions of sections 39-2-2 and 39-2-5, all rates and charges made by water suppliers which decline as quantity used increased are hereby declared to be no longer conducive to sound water supply system management designed to properly conserve, develop, utilize, and protect this finite natural resource. The public utilities commission may order rates for suppliers of water which either do not vary with quantities used or when there is evidence of increasing costs to either the utility or to society, rates which increase as the quantity used increases. If the commission finds that changing rates to comply with this section will cause a hardship to a class of customers, the commission may order that rates for that class of customers be changed to comply with this section over a period of time not to exceed five (5) years.

(d) Notwithstanding the provisions of sections 39-2-2 and 39-2-5, the public utilities commission may order a reduction in rates consistent with the amount by which a supplier exceeds the stated goals for non-account water. Non-account water shall be defined as the difference between the metered supply and the metered consumption for a specific period including an allowance for firefighting. No estimates for non-metered usage, except for the firefighting allowance, shall be included in the calculation of accounted for water."

4. In Article 7, page 14, line 15, by deleting the word "and" and inserting a comma "(,)" in place thereof.

5. In Article 7, page 14, line 15, by inserting the word and number "and 14" after the number "13".

Respectfully submitted,

PAUL V. SHERLOCK

Representative, District 20

The motion to amend is read and prevails 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 Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williamson, Winfield.

NAYS — 0.

Representatives Ajello and Williams request the Journal to reflect that if they had voted on the previous amendment to Article 7, they would have voted in the affirmative.

There is no objection.

Representatives Enos, Savage, Costantino, Callahan and Montanaro discuss the article as amended.

By unanimous consent, Representative Wasylyk, seconded by Representative Ajello, offers a written motion to amend.

Representatives Costantino and Wasylyk discuss the amendment.

Representative Wasylyk withdraws his amendment.

SECTION 1

CORPORATION TAX

Representative Costantino moves passage of Section 1, seconded by Representative Fox.

Section 1 prevails, on a roll call vote, 58 members voting in the affirmative and 4 members voting in the negative as follows:

YEAS — 58: 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, Handy, Jacquard, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Long, Lowe, McCauley, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Naughton, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Williamson, Winfield.

NAYS — 4: Representatives Gorham, McHugh, Mumford, Watson.

SECTION 2

PERSONAL INCOME TAX — AMT & STANDARD DEDUCTION

Representative Costantino moves passage of Section 2, seconded by Representative Gallison.

Section 2 prevails, on a roll call vote, 58 members voting in the affirmative and 3 members voting in the negative as follows:

YEAS — 58: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Gallison, Ginaitt, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, McCauley, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Williamson, Winfield.

NAYS — 3: Representatives Gorham, Mumford, Watson.

 

SECTION 3

PERSONAL INCOME TAX — DEPRECIATION

Representative Costantino moves passage of Section 3, seconded by Representative Gallison.

Section 3 prevails, 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, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Crowley, Dennigan, DeSimone, Enos, Fox, Gallison, Giannini, Ginaitt, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Malik, McCauley, McHugh, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Williams, Williamson, Winfield.

NAYS — 3: Representatives Gorham, McManus, Reilly.

 

SECTION 4

Representative Costantino moves passage of Section 4, seconded by Representative Fox.

Section 4 prevails, on a roll call vote, 60 members voting in the affirmative and 6 members voting in the negative as follows:

YEAS — 60: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Fox, Gallison, Giannini, Ginaitt, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Malik, McCauley, McHugh, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Williamson, Winfield.

NAYS — 6: Representatives Callahan, Gorham, Long, McManus, Mumford, Watson.

 

SECTION 5

EARNED INCOME TAX CREDIT

Representative Costantino moves passage of Section 5, seconded by Representatives Fox, San Bento, Dennigan and Tejada.

Section 5 prevails, on a roll call vote, 62 members voting in the affirmative and 4 members voting in the negative as follows:

YEAS — 62: 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, Ginaitt, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Malik, McCauley, McHugh, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Williamson, Winfield.

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

 

SECTION 6

CIGARETTE TAX

Representative Costantino moves passage of Section 6, seconded by Representative Fox.

Section 6 prevails, on a roll call vote, 55 members voting in the affirmative and 11 members voting in the negative as follows:

YEAS — 55: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Anguilla, Aubin, Benson, Brien, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Fox, Gallison, Giannini, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Tejada, Wasylyk, Williams, Williamson, Winfield.

NAYS — 11: Representatives Amaral, Callahan, Caprio, Ginaitt, Gorham, McManus, Picard, Reilly, Story, Trillo, Watson.

 

SECTION 7

STREAMLINED SALES TAX AGREEMENT

Representative Costantino moves passage of Section 7, seconded by Representative Fox.

Section 7 prevails, on a roll call vote, 62 members voting in the affirmative and 3 members voting in the negative as follows:

YEAS — 62: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Fox, Gallison, Giannini, Ginaitt, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Naughton, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Williamson, Winfield.

NAYS — 3: Representatives Gorham, Petrarca, Watson.

 

SECTION 8

TAX DELINQUENTS

Representative Costantino moves passage of Section 8, seconded by Representative Sherlock.

Section 8 prevails, 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, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

SECTION 9

CONSUMPTION TAX ON RESTAURANT FOOD AND BEVERAGES

Representative Costantino moves passage of Section 9, seconded by Representative Fox.

Representatives Menard, Gorham and Watson discuss Section 9.

Section 9 prevails, on a roll call vote, 51 members voting in the affirmative and 13 members voting in the negative as follows:

YEAS — 51: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Anguilla, Aubin, Benson, Brien, Callahan, Carter, Cerra, Coderre, Coogan, Corvese, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Jacquard, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, McCauley, McNamara, Montanaro, Moran, Moura, Petrarca, Picard, Rose, San Bento, Schadone, Shanley, Shavers, Sherlock, Smith, Tejada, Wasylyk, Williams, Williamson, Winfield.

NAYS — 13: Representatives Amaral, Caprio, Gorham, Long, McHugh, McManus, Moffitt, Mumford, Reilly, Savage, Story, Trillo, Watson.

 

SECTION 10

RECORDING INSTRUMENTS

Representative Costantino moves passage of Section 10, as amended, seconded by Representative Wasylyk.

Section 10 prevails, as amended, on a roll call vote, 56 members voting in the affirmative and 11 members voting in the negative as follows:

YEAS — 56: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Jacquard, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, Montanaro, Moran, Moura, Naughton, Petrarca, Picard, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Tejada, Wasylyk, Williams, Williamson, Winfield.

NAYS — 11: Representatives Callahan, Gorham, Kennedy, McManus, McNamara, Moffitt, Mumford, Reilly, Story, Trillo, Watson.

 

SECTION 11

LIQUOR LICENSE FEES

Representative Costantino moves passage of Section 11, seconded by Representative Fox.

Section 11 prevails, on a roll call vote, 59 members voting in the affirmative and 5 members voting in the negative as follows:

YEAS — 59: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Naughton, Petrarca, Picard, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Williamson, Winfield.

NAYS — 5: Representatives Amaral, Callahan, Gorham, Moffitt, Watson.

 

SECTION 12

WATER SUPPLY SYSTEMS

Representative Costantino moves passage of Section 12, as amended, seconded by Representative Sherlock.

Section 12 prevails, as amended, on a roll call vote, 52 members voting in the affirmative and 15 members voting in the negative as follows:

YEAS — 52: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Aubin, Benson, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Flaherty, Fox, Gallison, Giannini, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, McCauley, McHugh, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Williams.

NAYS — 15: Representatives Amaral, Anguilla, Callahan, Caprio, Enos, Ginaitt, Gorham, Long, Malik, McManus, McNamara, Menard, Watson, Williamson, Winfield.

Representative Lima requests the journal to reflect that she voted incorrectly on Section 12, as amended. She should have voted in the negative.

There is no objection.

 

SECTION 13

Representative Costantino moves passage of Section 13, seconded by Representative Fox.

Section 13 prevails, on a roll call vote, 55 members voting in the affirmative and 5 members voting in the negative as follows:

YEAS — 55: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Kennedy, Kilmartin, Lally, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McManus, McNamara, Menard, Montanaro, Moran, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Story, Tejada, Trillo, Wasylyk, Williams, Williamson, Winfield.

NAYS — 5: Representatives Callahan, Enos, Gorham, Moffitt, Watson.

Representatives Moura, Smith, Landroche and Mumford request the journal to reflect that if they had voted on Section 13, they would have voted in the affirmative.

There is no objection.

 

SECTION 14

NURSING HOME TAX

Representative Costantino moves passage of Section 14, as amended, seconded by Representative Fox.

Section 14 prevails, as amended, on a roll call vote, 60 members voting in the affirmative and 7 members voting in the negative as follows:

YEAS — 60: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McNamara, Menard, Montanaro, Moran, Moura, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Tejada, Trillo, Wasylyk, Williams, Williamson, Winfield.

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

 

SECTION 15

EFFECTIVE DATE FOR ARTICLE 7

Representative Costantino moves passage of Section 15, seconded by Representative Sherlock.

Section 15 prevails, on a roll call vote, 62 members voting in the affirmative and 5 members voting in the negative as follows:

YEAS — 62: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McNamara, Menard, Montanaro, Moran, Moura, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Williamson, Winfield.

NAYS — 5: Representatives Gorham, McManus, Moffitt, Mumford, Watson.

 

ARTICLE 8

RELATING TO SUPERIOR COURT FEES

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

By unanimous consent, Representative Sherlock, seconded by Representative Fox, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

Article 8, on page 1, line 11, by inserting the following language after the word "or". "petition shall be forwarded to Rhode Island Legal Services."

Respectfully submitted,

PAUL V. SHERLOCK

Representative, District 20

The motion to amend is read and prevails on a roll call vote, 53 members voting in the affirmative and 9 members voting in the negative as follows:

YEAS — 53: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Anguilla, Aubin, Benson, Brien, Callahan, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McNamara, Menard, Montanaro, Moran, Moura, Naughton, Petrarca, Rose, San Bento, Schadone, Shanley, Sherlock, Smith, Story, Tejada, Wasylyk, Williams, Winfield.

NAYS — 9: Representatives Amaral, Gorham, McManus, Moffitt, Mumford, Reilly, Savage, Trillo, Watson.

Representatives Sherlock and Caprio discuss the last amendment.

Representative Caprio requests the journal to reflect that if he had voted on the amendment, he would have voted in the affirmative.

There is no objection.

The article is read and prevails, as amended, on a roll call vote, 58 members voting in the affirmative and 8 members voting in the negative as follows:

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

NAYS — 8: Representatives Amaral, Callahan, McManus, Moffitt, Mumford, Savage, Trillo, Watson.

Representative Gorham requests the journal to reflect that he voted incorrectly on Article 8, as amended. He should have voted in the negative.

There is no objection.

 

ARTICLE 11

RELATING TO LICENSING OF HEALTH CARE FACILITIES

Representative Costantino moves passage of the article, seconded by Representative San Bento.

By unanimous consent, Representative Sherlock, seconded by Representative Fox, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

1. Article 11, page 1, line 15, by deleting the year "2000" and inserting in place thereof the year "2001".

Respectfully submitted,

PAUL V. SHERLOCK

Representative, District 20

The motion to amend is read and prevails 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, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, 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, Petrarca, Picard, Reilly, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

The article is read and prevails, as amended, on a roll call vote, 65 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 65: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

ARTICLE 12

RELATING TO HUMAN SERVICES — FAMILY INDEPENDENCE ACT

Representative Costantino moves passage of the article, seconded by Representatives Enos, Cerra, San Bento, Dennigan, Sherlock and Moura.

Representative Moura discusses the article.

The article is read and prevails, on a roll call vote, 65 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 65: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

ARTICLE 13

RELATING TO MOTOR VEHICLE AND TRAILER EXCISE TAX

Representative Costantino moves passage of the article, seconded by Representatives Fox and Carter.

The article is read and prevails, on a roll call vote, 63 members voting in the affirmative and 2 members voting in the negative as follows:

YEAS — 63: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, McCauley, McHugh, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 2: Representatives Long, McManus.

 

ARTICLE 14

RELATING TO ENVIRONMENTAL

MANAGEMENT

Representative Malik moves passage of the article, seconded by Representatives Rose, Gallison and Costantino.

By unanimous consent, Representative Sherlock, seconded by Representative Benson, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

In Article 14, page 8, delete lines 24 through 26 and insert in place thereof the following: "shall be expended in accordance with the provisions of the grant or bequest. In the event that a donation or bequest is unspecified or in the event that the trust account balance shows a surplus after the project as provided for in the grant or bequest has been completed, the director may utilize said appropriated unspecified or appropriated surplus funds for enhanced management of the department’s forest and outdoor public recreation areas, or other projects or programs that promote the accessibility of recreational opportunities for Rhode Island residents and visitors."

In Article 14, page 8, line 28, delete the date "January 15" and insert in place thereof the date "October 1".

Respectfully submitted,

PAUL V. SHERLOCK

Representative, District 20

Representatives Ajello and Malik discuss the amendment.

The motion to amend is read and prevails 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, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

The article is read and prevails, as amended, 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, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

ARTICLE 15

RELATING TO PUBLIC UTILITIES & CARRIERS — DUTIES OF UTILITIES AND CARRIERS

Representative Costantino moves passage of the article, seconded by Representatives Naughton, Fox and Sherlock.

The article is read and prevails, on a roll call vote, 64 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 64: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

ARTICLE 16

RELATING TO STATE AID

Representative Costantino moves passage of the article, seconded by Representatives Naughton, Malik, Reilly, San Bento and Sherlock.

Representative Moura discusses the article.

Representative Watson rises on a point of order for Representative Moura to speak germane to the article.

The Honorable Speaker rules for Representative Moura to speak germane to the article.

The article is read and prevails, on a roll call vote, 62 members voting in the affirmative and 1 member voting in the negative as follows:

YEAS — 62: Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kilmartin, Lally, Landroche, Laroche, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 1: Representative Kennedy.

 

ARTICLE 17

RELATING TO LICENSING OF CHILD CARE PROVIDERS

Representative Costantino moves passage of the article, seconded by Representatives Fox, Picard, Shavers, Lewiss, Moura and Williams.

The article is read and prevails, on a roll call vote, 67 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 67: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

ARTICLE 18

RELATING TO GENERAL PUBLIC ASSISTANCE

Representative Costantino moves passage of the article, seconded by Representatives Rose, Gorham, Sherlock, Benson, Tejada, Lewiss, Shavers, Ajello and Williams.

The article is read and prevails, on a roll call vote, 69 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 69: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

ARTICLE 19

RELATING TO HOSPITAL UNCOMPENSATED CARE

Representative Costantino moves passage of the article, seconded by Representatives Lewiss and Fox.

By unanimous consent, Representative Sherlock, seconded by Representative Costantino, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

In Article 19, page 2, line 13, by deleting the language "provided, however, that the total amount of".

In Article 19, page 2, delete lines 14 through 17.

In Article 19, page 2, line 18, by deleting the language "disproportionate share hospital payments;".

Respectfully submitted,

PAUL V. SHERLOCK

Representative, District 20

Representatives Callahan and Sherlock discuss the amendment.

The motion to amend is read and prevails on a roll call vote, 65 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 65: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Williams, Williamson, Winfield.

NAYS — 0.

The article is read and prevails, as amended, on a roll call vote, 65 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 65: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Williams, Williamson, Winfield.

NAYS — 0.

Representative Long requests the journal to reflect that if he had voted on Article 19, he would have voted in the affirmative.

There is no objection.

 

ARTICLE 21

RELATING TO SPECIAL PROGRAM FOR CARE OF SEVERELY DISABLED ELDERLY RESIDENTS WHO NEED NURSING FACILITY SERVICES

Representative Costantino moves passage of the article, seconded by Representatives Enos, Amaral, Savage, Handy, Petrarca, Tejada, Cerra, Shavers, Crowley, Ginaitt and Williams.

Representative Trillo discusses the article.

The article is read and prevails, on a roll call vote, 69 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 69: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Harwood, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

ARTICLE 22

RELATING TO MEDICAL ASSISTANCE —

RITE CARE

Representative Costantino moves passage of the article, seconded by Representatives Williams, Moura, Amaral and Savage.

The article is read and prevails, on a roll call vote, 67 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 67: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Harwood, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

ARTICLE 23

RELATING TO REAL ESTATE LICENSES AND FEES

Representative Costantino moves passage of the article, seconded by Representative Fox.

The article is read and prevails, on a roll call vote, 52 members voting in the affirmative and 12 members voting in the negative as follows:

YEAS — 52: The Honorable Speaker Murphy and Representatives Ajello, Anguilla, Aubin, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Jacquard, Kilmartin, Lally, Landroche, Laroche, Lima, Lowe, Malik, McCauley, McHugh, McNamara, Menard, Montanaro, Moran, Moura, Naughton, Petrarca, Picard, Rose, San Bento, Schadone, Shanley, Shavers, Sherlock, Smith, Tejada, Wasylyk, Williams, Williamson, Winfield.

NAYS — 12: Representatives Amaral, Benson, Callahan, Gorham, Long, McManus, Moffitt, Mumford, Reilly, Savage, Story, Watson.

Representative Caprio requests the journal to reflect that he voted incorrectly on Article 23. He should have voted in the negative.

There is no objection.

 

ARTICLE 24

RELATING TO SECURITIES REGISTRATION FEES

Representative Costantino moves passage of the article, seconded by Representatives Fox and Moura.

The article is read and prevails, on a roll call vote, 59 members voting in the affirmative and 9 members voting in the negative as follows:

YEAS — 59: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Wasylyk, Williams, Williamson, Winfield.

NAYS — 9: Representatives Callahan, Gorham, Long, McHugh, McManus, Moffitt, Mumford, Trillo, Watson.

 

ARTICLE 25

RELATING TO RETIREMENT SYSTEM

ADMINISTRATION

Representative Costantino moves passage of the article, seconded by Representative Fox.

The article is read and prevails, on a roll call vote, 64 members voting in the affirmative and 2 members voting in the negative as follows:

YEAS — 64: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Winfield.

NAYS — 2: Representatives Gorham, Watson.

 

ARTICLE 26

RELATING TO MEDICAL ASSISTANCE — RATES OF REIMBURSEMENT FOR HOSPITAL

EMERGENCY ROOM PHYSICIAN SERVICES

Representative Costantino moves passage of the article, seconded by Representatives Moffitt, Sherlock, Lima, Tejada, Lewiss, Cerra, Mumford, Ajello, Williams, Ginaitt, Malik, Shavers and McNamara.

The article is read and prevails, on a roll call vote, 67 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 67: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Harwood, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

ARTICLE 27

RELATING TO A JOINT LEGISLATIVE

COMMISSION TO STUDY THE

IMPLEMENTATION OF A FUNDING INDEX FOR PRIVATE COMMUNITY-BASED PROVIDERS OPERATING PURSUANT TO CONTRACTS WITH THE STATE OF RHODE ISLAND

Representative Costantino moves passage of the article, seconded by Representatives Cerra, Sherlock, Benson and Coogan.

The article is read and prevails, on a roll call vote, 66 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 66: The Honorable Speaker Murphy and Representatives Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

Representative Landroche requests the journal to reflect that if he had voted on Article 27, he would have voted in the affirmative.

There is no objection.

 

ARTICLE 28

RELATING TO MOTOR FUEL TAX

Representative Malik moves passage of the article, seconded by Representatives Gallison, Rose and Lowe.

Representative Gorham discusses the article.

The article is read and prevails, on a roll call vote, 64 members voting in the affirmative and 3 members voting in the negative as follows:

YEAS — 64: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Harwood, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Williamson, Winfield.

NAYS — 3: Representatives Benson, Gorham, Watson.

 

ARTICLE 29

RELATING TO SHARE BASED FEES

Representative Costantino moves passage of the article, seconded by Representative Sherlock.

The article is read and prevails, on a roll call vote, 58 members voting in the affirmative and 7 members voting in the negative as follows:

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

NAYS — 7: Representatives Callahan, Gorham, McHugh, McManus, Moffitt, Trillo, Watson.

Representative Reilly requests the journal to reflect that if he had voted on Article 29, he would have voted in the affirmative.

There is no objection.

 

ARTICLE 30

RELATING TO THE SELECT COMMISSION ON RACE AND POLICE-COMMUNITY RELATIONS ACT

Representative Costantino moves passage of the article, seconded by Representatives Shavers, Sherlock, Williams and Ajello.

By unanimous consent, Representative Sherlock, seconded by Representatives Williams, Tejada, Shavers and Almeida, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

(1) In Article 30, page 1, line 20, by deleting the word "one".

(2) In Article 30, page 1, by deleting line 21 and inserting in place thereof "the President of the Rhode Island Hispanic Officers Association, or designee;"

(3) In Article 30, page 1, line 22, by deleting the words "Providence Branch of the" and inserting after the letter "NAACP" the words "New England Area Conference".

Respectfully submitted,

PAUL V. SHERLOCK

Representative, District 20

The motion to amend is read and prevails on a roll call vote, 66 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 66: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Williamson, Winfield.

NAYS — 0.

By unanimous consent, Representative Almeida, seconded by Representatives Williams, Dennigan, Ajello, Coogan and Handy, offers a written motion to amend.

Representatives Tejada, Almeida, Brien and Costantino discuss the amendment.

Representative Costantino requests to hold the article.

There is no objection.

 

ARTICLE 31

RELATING TO STATE ARCHIVES

Representative Crowley moves passage of the article, seconded by Representatives Lewiss, Winfield and Kennedy.

The article is read and prevails, on a roll call vote, 67 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 67: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Williamson, Winfield.

NAYS — 0.

 

ARTICLE 32

RELATING TO TEMPORARY DISABILITY

INSURANCE REFUNDS

Representative Costantino moves passage of the article, seconded by Representative Sherlock.

The article is read and prevails, on a roll call vote, 56 members voting in the affirmative and 5 members voting in the negative as follows:

YEAS — 56: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Naughton, Petrarca, Picard, Reilly, San Bento, Schadone, Shanley, Shavers, Sherlock, Smith, Trillo, Wasylyk, Williams, Williamson, Winfield.

NAYS — 5: Representatives Amaral, Callahan, Moffitt, Mumford, Savage.

 

ARTICLE 33

RELATING TO UNCLAIMED INTANGIBLE AND TANGIBLE PROPERTY

Representative Costantino moves passage of the article, seconded by Representative Sherlock.

By unanimous consent, Representative Sherlock, seconded by Representative Costantino, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

In Article 33, page 1, line 6, by deleting the words ", rehabilitation, or related reorganization".

Respectfully submitted,

PAUL V. SHERLOCK

Representative, District 20

The motion to amend is read and prevails on a roll call vote, 67 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 67: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Williamson, Winfield.

NAYS — 0.

The article is read and prevails, as amended, on a roll call vote, 65 members voting in the affirmative and 3 members voting in the negative as follows:

YEAS — 65: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Williamson, Winfield.

NAYS — 3: Representatives Gorham, McManus, Watson.

 

ARTICLE 34

RELATING TO HEALTH — FACILITY

LICENSING

Representative Costantino moves passage of the article, seconded by Representatives Naughton and Sherlock.

Representatives Montanaro and Costantino discuss the article.

The article is read and prevails, on a roll call vote, 63 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 63: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Williams, Williamson, Winfield.

NAYS — 0.

 

ARTICLE 35

RELATING TO PUBLIC UTILITIES AND

CARRIERS — REGULATORY POWERS OF

ADMINISTRATION

Representative Malik moves passage of the article, seconded by Representatives McNamara, Rose, Savage, Montanaro, Ginaitt, Gallison, Aubin and Landroche.

The article is read and prevails, on a roll call vote, 64 members voting in the affirmative and 1 member voting in the negative as follows:

YEAS — 64: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Shanley, Shavers, Sherlock, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 1: Representative Cerra.

Representative Amaral requests the journal to reflect that if he had voted on Article 35, he would have voted in the affirmative.

There is no objection.

 

ARTICLE 36

RELATING TO JOINT RESOLUTION ON HIGHER EDUCATION FACILITIES

Representative Sherlock moves passage of the article, seconded by Representative Costantino.

By unanimous consent, Representative Sherlock, seconded by Representative Costantino, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

By adding the following new article after Article 35:

"ARTICLE 36

RELATING TO RHODE ISLAND PUBLIC CORPORATION DEBT MANAGEMENT ACT JOINT RESOLUTIONS

SECTION 1. House Resolution Number 340, 2001 H-6533, entitled "Joint Resolution Approving the Financing of a New Training School for Youth at the Pastore Center in Cranston" is hereby amended to read as follows:

WHEREAS, The Rhode Island Training School for Youth (the "Training School") was established for the detention of children by order of the Family Court and for the confinement, instruction and reformation of children found delinquent by the Family Court; and

WHEREAS, The Training School is a secure, 24 hour/365 day residential program for both male and female adjudicated delinquents, and youth detained and awaiting trial. The program provides for the protection of Rhode Island residents through the supervision and housing of youth, educational, medical, recreational, religious and rehabilitative services, and proper placement for youth upon release; and

WHEREAS, Since 1973, the Training School has been the subject of a Federal District Court Order to improve physical conditions, programming, services, policies and procedures; and

WHEREAS, A Consent Decree, entered by the Federal District Court in October 2000, includes the requirement that the department construct a new facility or renovate the existing facility to provide adequate and sufficient housing, education and programming to training school residents; and

WHEREAS, The present capacity of the Training School is 180 beds and does not accommodate the number of residents which need to be housed. The resultant overcrowding creates an unsafe environment for both residents and staff and the current housing configuration results in high supervision costs; and

WHEREAS, The buildings are not in compliance with the Americans with Disabilities Act; and

WHEREAS, The buildings lack electrical security and life safety systems, have deteriorated bathrooms and shower areas, inadequate HVAC systems, interior doors and hardware, and poor electrical lighting; and

WHEREAS, In the last decade, a new school building was constructed and three modular buildings were constructed, and renovations and improvements were made to Buildings 9, 5 and 6; and

WHEREAS, Notwithstanding the improvements made to the facility, the physical plant of the facility is not capable of meeting American Correctional Association accreditation as required by the Federal Court and therefore has prevented full compliance with the Court Order necessitating the need for Judicial oversight; and

WHEREAS, These and related problems require the construction and furnishing of a new facility on existing state property on Power Road in Cranston to the south of Route 37; and

WHEREAS, The new facility would have a total of 214 beds, with options for future expansion should it become necessary, and would provide safe housing and education and programming opportunities for training school residents; and

WHEREAS, The design and construction of the project are to be financed through Certificates of Participation, with an expected payback period of twenty (20) years, the Rhode Island Capital Plan, federal funds, and with proceeds from the 1994 sale of the Sockanosett property. Financing for the operation and maintenance of the facility will be included in the annual operating budgets of the Department of Children, Youth and Families; and

WHEREAS, The capital costs associated with this project are estimated to be $60 million. This includes $300,000 from the Rhode Island Capital Plan Fund, $645,364 in federal funds, proceeds of $1.9 million from the 1994 sale of the Sockanosett property and $57.2 million from the issuance of Certificates of Participation. The total issuance would be approximately $57.8 million, with $57.2 million deposited in the construction fund and $555,000 available to pay the associated costs of issuance. Total lease payments over twenty (20) years on the $57.8 million issuance are projected to be $92.6 million, assuming an average coupon of 5.03 %. The lease payments would be financed within the Department of Administration from general revenue appropriations and any other sources available to the department; now, therefore be it

RESOLVED, That a new training school is critical for the State to comply with the Federal Court Consent Decree and would provide secure, humane living conditions and rehabilitative opportunities for training school residents; and

RESOLVED, That this General Assembly thereby approves financing in an amount not to exceed $57.8 million for the construction of a new Training School for Youth; and be it further

RESOLVED, That this Joint Resolution shall take effect immediately upon its passage by this General Assembly.; and be it further

RESOLVED, That this Resolution shall apply to bonds issued prior to February 1, 2004; and be it further

RESOLVED, That prior to the issuance of any bonds, a report that includes site, cost, final design, and program shall be submitted to the Governor, the Speaker of the House of Representatives, the President of the Senate and the Chairpersons of the House and Senate Finance Committees; and provided further that bonds shall not issue unless the Speaker of the House and President of the Senate transmit a letter to the Governor signifying the approval of the report; and be it further

RESOLVED, That the amendments to this Joint Resolution shall take effect upon passage by the General Assembly.

SECTION 2. WHEREAS, The University of Rhode Island is proposing a project which involves the construction of a new sixteen thousand (16,000) square foot lodge and an addition to the dining room and service kitchen at the Whispering Pines Conference Center (the "Conference Center") on the W. Alton Jones Campus; and

WHEREAS, This new lodge is planned to include approximately twenty (20) bedrooms, an approximately two thousand (2,000) square foot meeting room, and an approximately one thousand (1,000) square foot living room. Constructed on a site northeast of the main dining lodge, the new lodge will be within close proximity to the Laurel Lodge and is planned to face Louttit Pond. Completion of this new lodge will provide the Conference Center with approximately fifty-two (52) guest rooms and five (5) meeting rooms. The proposal also includes an enlarged dining room consisting of approximately two thousand and sixteen (2,016) square feet and an addition of approximately four hundred eighty (480) square feet to the serving kitchen to enhance the Conference Center’s ability to maximize the number of groups it serves; and

WHEREAS, Since the construction of Sycamore Lodge in 1992, the Conference Center has increased its gross revenues from less than six hundred fifty thousand dollars ($650,000) annually to nearly two million dollars ($2,000,000) per year. This revenue growth has been instrumental in assisting the campus to become financially self-supporting. Recent sales and marketing efforts are producing requests for meeting space that exceed the present capacity, especially for overnight meetings, the most profitable segment. Adding to the overnight sleeping facilities will allow the Conference Center to book larger groups and to accommodate additional requests from groups that are currently customers of the Conference Center; and

WHEREAS, Increasing the size of the dining room and the serving kitchen will also enable the Conference Center to make the most efficient use of the new lodge by permitting both day and overnight meeting groups to use the Conference Center. The proposed new lodge is planned to consist of a two-story wood structure similar to the Sycamore Lodge with the addition of a small exercise/workout area for guests to utilize, as well as a larger conference room and leisure area. The building is planned to be equipped with modern telecommunications facilities and will include televisions, telephones and Internet access in each guest room and common area; and

WHEREAS, A construction engineer has reviewed the estimated costs and construction expenses for this project. The engineer’s projected inflation rates have been used in estimating this project. The campus management is prepared to accelerate the commencement of design work in advance of the July 2003 design-start date using funds from the W. Alton Jones Campus Endowment to be reimbursed from the long-term financing.

WHEREAS, The Rhode Island Public Corporation Debt Management Act (R.I. General Laws Section 35-18-1 et seq.) requires that no elected or appointed state official may enter into any financing lease or into any guarantee with any person without the prior approval of the general assembly if the total payments under the financing lease or guarantee will exceed the sum of four million dollars ($4,000,000), and further provides that no bonds may be issued or incurred by any public corporation to finance, in whole or in part, the construction, acquisition or improvement of any essential public facility without the prior approval of the general assembly; and

WHEREAS, The Rhode Island Public Corporation Debt Management Act (R.I. General Laws section 35-18-1, et seq.) requires the general assembly to provide its consent to the issuance of certain obligations; and

WHEREAS, The design, construction and equipping of these improvements will be financed through RIHEBC revenue bonds, with an expected term of twenty (20) years; and

WHEREAS, Debt service payments would be supported by revenues of the projects financed; now, therefore be it

RESOLVED, That the total amount of the debt approved to be issued in the aggregate shall be limited to not more than four million two hundred eighty-five thousand dollars ($4,285,000). Total debt service on the bonds is not expected to exceed three hundred thirty-five thousand dollars ($335,000) annually and six million six hundred forty-two thousand dollars ($6,642,000) in the aggregate based on an average interest rate of four and eight-tenths (4.8) percent and a twenty (20) year maturity; and be it further

RESOLVED, That the new facility is critical to improve and accommodate the daily operation of the University of Rhode Island and that this General Assembly hereby approves financing; and be it further

RESOLVED, That this Joint Resolution shall take effect upon passage by the General Assembly.

SECTION 3. WHEREAS, URI is proposing construction of a new five hundred (500)-eight hundred (800) student housing facility in one or more buildings. The project uses revenue from the new beds and retail space to support the debt service on the entire project. This model allows URI to construct housing needed by undergraduate and graduate students more quickly than if a similar project were constructed under the traditional design-bid-build model. Currently, URI has a waiting list of students interested in housing; and

WHEREAS, The Board of Governors has a strategic initiative to increase the number of students attaining a degree and is making a concerted effort to improve student retention. The goal of improving retention by two percent (2%) per year for the next three(3) years, by itself, would add to the current campus housing need of seven hundred (700) apartment beds, and two hundred fifty (250) suite beds; and

WHEREAS, Studies and conversations with colleagues at other institutions, consultants, developers and others in the industry agree that today’s students and their families are looking for higher quality housing and a variety of housing style options. They want housing with amenities such as access to voice, video and data, private bathrooms and comfortable living spaces where students can gather. Over the course of their careers, students want the ability to progressively move from a dormitory-style of living to suites and finally to independent living in apartments. URI currently lacks suite-style or sufficient apartment-style housing to meet this changing demand; and

WHEREAS, For some time, URI has been aware of the changing expectations of students relative to campus housing. Studies and survey data collected since 1998 indicate that upper-level students prefer to live in apartment-style or suite-style housing as opposed to the more traditional dormitory units with double-loaded corridors and shared bathrooms; and

WHEREAS, More recently URI has experienced an unanticipated surge in demand for campus housing – fueled in part by the Internet access provided by the URI network backbone, competitors’ ability to guarantee campus housing beyond the freshman year, and an overall desire for the convenience of campus living. URI lags behind many of its competitors in responding to this important shift in student needs; and

WHEREAS, Evidence that supports this change in URI’s traditional housing pattern – where freshmen live on campus and then move "down the line" in subsequent years – can be found in the current waiting list for undergraduate campus housing. In addition, there is a waiting list of ninety-five (95) graduate students seeking campus housing. The current inventory of apartments for graduate students is one hundred twenty-four (124). These units have been at capacity for the last several years. The Admissions Office is hearing from prospective students that tripling in dorm rooms and URI’s inability to guarantee campus housing beyond the freshman year is a concern; and

WHEREAS, In March 2000, the Dantner Company, a national real estate research firm, conducted an analysis of student housing in the Kingston area. They studied the strength of the current market and the anticipated future demand for rental housing as well as student enrollment trends, the economy and the need for additional housing options for URI students. They were asked to evaluate the feasibility of constructing apartment-style housing on or near the campus in Kingston. The Dantner Company found, based on their interviews, case studies of other college communities and their evaluation of the Kingston market, that there is a potential resident pool of six thousand one hundred ninety three (6,193) students – graduate and undergraduate – in addition to those already living on campus. Using a capture ratio of ten percent (10%) of the total residential pool, it is Dantner’s opinion that at least six hundred twenty (620) people currently living off-campus would be attracted to new apartments on or near campus; and

WHEREAS, The Rhode Island Public Corporation Debt Management Act (R.I. General Laws section 35-18-1, et seq.) requires the general assembly to provide its consent to the issuance of certain obligations; and

WHEREAS, The design, construction and equipping of these improvements will be financed through RIHEBC revenue bonds, with an expected term of thirty (30) years; and

WHEREAS, Debt service payments would be supported by revenues of the projects financed; now, therefore be it

RESOLVED, That the total amount of debt approved to be issued in the aggregate shall be limited to not more than sixty-six million nine hundred thirty-five thousand dollars ($66,935,000). Total debt service on the bonds is not expected to exceed four million four hundred thousand dollars ($4,400,000) annually and one hundred twenty-nine million fifteen thousand dollars ($129,015,000) in the aggregate based on an average interest rate of four and eight-tenths (4.8) percent and a thirty (30) year maturity; and be it further

RESOLVED, That the new dormitory facilities are critical to improve and accommodate the daily operation of URI; and that this general assembly hereby approves financing; and it be further

RESOLVED, That this Joint Resolution shall take effect upon its passage by this General Assembly.

SECTION 4. WHEREAS, Rhode Island College has five existing residence halls: Thorp, Weber, Browne, Willard and Sweet built in 1959, 1964, 1967, 1971, and 1991 respectively, which provide housing for eight hundred thirty (830) students. Four (4) of the residence halls are over thirty (30) years old and have progressively been renovated and upgraded for telecommunications. It has been a challenge for the institution to establish a price for housing that covers personnel, operating and debt service expenses while encouraging students to live in these facilities. Given the age and traditional design style of the existing on-campus housing, the college is faced with the decision to provide more affordable on-campus housing that meets the expectations of today’s students; and

WHEREAS, As competition for students grows between and among public and private institutions, the quality of programs and services such as residential life becomes a critical component upon which students and their parents make choices. Since housing choices are voluntary, it is important to provide up-to-date facilities for students; otherwise, students will elect to commute from home, live off-campus, or attend another institution; and

WHEREAS, The demand for on-campus housing has been increasing for several years due to a variety of factors. Waiting lists for available rooms have increased from fifty (50) to one hundred fifty (150) per year over the last three (3) years. The college has experienced a small but gradual increase in enrollment. The telecommunications investment in the residence halls has increased the desirability of on-campus housing. Concurrently, affordable off-campus housing has been decreasing due to increased housing costs and competition from non-student renters and residential buyers; and

WHEREAS, The Rhode Island Public Corporation Debt Management Act (R.I. General Laws section 35-18-1, et seq.) requires the general assembly to provide its consent to the issuance of certain obligations; and

WHEREAS, The design construction and equipping of these improvements will be financed through RIHEBC revenue bonds with an expected term of twenty (20) years; and

WHEREAS, Debt service payments will be supported by revenues of the project; now, therefore be it

RESOLVED, That the Board of Governors shall submit the feasibility study and pro forma projections for the project to the chairperson of the House Finance Committee and the chairperson of the Senate Finance Committee; and be it further

RESOLVED, That the total amount of debt approved to be issued in the aggregate shall be limited to not more than seven million five hundred thousand dollars ($7,500,000). Total debt service on the bonds is not expected to exceed five hundred thousand dollars ($500,000) annually and fourteen million dollars ($14,000,000) in the aggregate based on an average interest rate of four and eight-tenths (4.8) percent and a twenty (20) year maturity; and be it further

RESOLVED, That the new facility is critical to improve and accommodate the daily operation of Rhode Island College and that this General Assembly hereby approves financing; and be it further

RESOLVED, That this Joint Resolution shall take effect upon passage by the General Assembly.

SECTION 5. WHEREAS, The facility housing the Rhode Island Traffic Tribunal ("RITT") was originally a manufacturing building retrofitted into a courthouse in 1974; and

WHEREAS, Over the past twenty (20) years, the RITT has undergone considerable remodeling and rehabilitation to accommodate the changing needs of the Judiciary and the public; and

WHEREAS, Notwithstanding these improvements, the RITT is grossly inadequate for the current and projected needs of the people it serves; and

WHEREAS, The current RITT is not in compliance with the American Disabilities Act, and thus, is not handicap accessible. The governor’s Commission on Handicap Accessibility is unwilling to grant another waiver for ADA noncompliance beyond June 30, 2003 since the current building has been on waiver since February 1997. The cost to bring the current building in compliance with ADA will be approximately eight hundred thousand dollars ($800,000) to one million dollars ($1,000,000); and

WHEREAS, The heating, ventilation, and air conditioning systems are antiquated and need replacement. The building is inadequate to handle the flow of people on a daily basis. The physical appearance of the building is unprofessional, overcrowded, and in a visible state of disrepair. The new facility will also help to relieve the scheduling and customer relation problems that permeate the court operation due to the design of the current courthouse; and

WHEREAS, The current RITT poses a dangerous security risk due to the lack of separation among the public, judges, and staff relative to the circulation traffic and usage of the hallways, corridors, courtrooms, and office space within the building. Since the building was originally utilized as a manufacturing building, security considerations were not factored in the design. As such, a potentially dangerous security hazard is created by the existence of the following high risk situations: the main central corridor system in the building is simultaneously used by judges, the public, and staff; and the easy accessibility to judges’; chambers and staff offices by the public; and

WHEREAS, These and related problems require that a new facility be provided to house the RITT in a safe, efficient, and user-friendly fashion; and

WHEREAS, A new RITT facility will contain at least seven (7) courtrooms and provide four hundred and fifty (450) parking spaces for judges, staff, and the public; and

WHEREAS, The Rhode Island Public Corporation Debt Management Act (Rhode Island General Laws. 1956 section 35-18-1, et seq.) requires that the general assembly provide its consent to the issuance of certain obligations; and

WHEREAS, The design, construction, and equipping of these improvements will be financed through Certificates of Participation, with an expected payback period of twenty (20) years. Financing the operation and maintenance of the new RITT facility will be included in the annual operating budget of the Rhode Island Judiciary; and

WHEREAS, The capital costs associated with the project are estimated to be twenty one million eight hundred thousand dollars ($21,800,000). The total issuance would be approximately twenty six million four hundred twenty-five thousand dollars ($26,425,000), with twenty one million eight hundred thousand dollars ($21,800,000) deposited in the construction fund, two million two hundred thousand dollars ($2,200,000) million deposited into a debt service reserve fund, if required, one million nine hundred sixty thousand dollars ($1,960,000) for capitalized interest over eighteen (18) months, and four hundred twenty five thousand dollars ($425,000) available to pay the associated costs of issuance. Total lease payments over twenty (20) years on the twenty six million four hundred twenty five thousand dollars ($26,425,000) million issuance are projected to be forty two million nine hundred thousand dollars ($42,900,000) million. This assumes an average coupon of five percent (5.0%). The lease payments would be financed within the Department of Administration from general revenue appropriations and any other sources available to the agencies occupying the court;

NOW, THEREFORE, BE IT RESOLVED,

THAT, a new RITT facility is critical to ensure that justice is administered in a safe and efficient manner.

THAT, this general assembly hereby approves financing in an amount not to exceed twenty-six million four hundred twenty-five thousand dollars ($26,425,000) for the provision of a new RITT facility.

BE IT FURTHER RESOLVED,

THAT, this Joint Resolution shall take effect immediately upon its passage by this general assembly with funding to be included in the FY 2005 Appropriations Act.

SECTION 6. WHEREAS, The Rhode Island Economic Development Corporation (the "Economic Development Corporation") is a public instrumentality of the State of Rhode Island (the "State") created by the general assembly pursuant to R.I. General Laws section 42-64-1 et seq. (as enacted, reenacted and amended, the "Act"); and

WHEREAS, It is the policy of the state to retain existing industries and to induce, encourage and attract new industries through the acquisition, construction, reconstruction and rehabilitation of industrial, manufacturing, recreational, and commercial facilities, as well as transportation, residential, environmental, utility, public service, institutional and civic and community facilities, and to develop sites for such facilities; and

WHEREAS, The Act provides that the Economic Development Corporation shall have the power to purchase, take, receive, lease or otherwise acquire, own, hold, improve, use and otherwise deal in and with, real or personal property, or any interest therein, wherever situated; and

WHEREAS, The Economic Development Corporation proposes to enter into a loan agreement or other financing agreement with Amgen pursuant to which Amgen will be obligated to make payments in an amount necessary to pay debt service related to not more than six million six hundred thousand dollars ($6,600,000) bonds; and

WHEREAS, The Economic Development Corporation proposes to enter into a loan agreement or other financing agreement with the town of Coventry pursuant to which the town of Coventry will be obligated to make payments in the amount necessary to pay debt service related to not more than three million four hundred thousand dollars ($3,400,000) bonds; and

WHEREAS, The Economic Development Corporation, through the use of the capital reserve fund mechanism under the act, will pay debt service on the bonds to the extent amounts received from Amgen and the town of Coventry are insufficient to pay debt service on the bonds. Therefore, the maximum fiscal year obligation the of the Economic Development Corporation and the State of Rhode Island is the total debt service which is approximately eight hundred twenty five thousand dollars ($825,000); and

WHEREAS, In the event that not all of the bond proceeds are used to carry out the specified project, the Economic Development Corporation will use any remaining funds to pay debt service on the bonds;

NOW, THEREFORE, BE IT RESOLVED,

THAT, this general assembly hereby approves the Economic Development Corporation’s issuance of not more than ten million dollars ($10,000,000) bonds and the issue of the capital reserve fund mechanism for the purposes outlined herein;

THAT, the bonds will be special obligations of the Economic Development Corporation payable from funds received by the Economic Development Corporation under the loan agreements and the capital reserve fund. The Economic Development Corporation’s and the state’s maximum liability will be the total debt service on the bonds, estimated to be eight hundred twenty five thousand dollars ($825,000) per year or sixteen million five hundred thousand dollars ($16,500,000) in the aggregate based on level debt service, an average interest rate of five percent(5.00%) and a twenty (20) year maturity;

THAT, the bonds will not constitute indebtedness of the state or any of its subdivisions or a debt for which the full faith and credit of the state or any of its subdivisions is pledged except to the extent that the state funds any deficiency in the capital reserve fund in amount not to exceed eight hundred twenty five thousand dollars ($825,000) per year subject to annual budget appropriations; and

BE IT FURTHER RESOLVED,

THAT, this Joint Resolution shall take effect immediately upon its passage by this general assembly, provided that the delivery of the bonds shall be not later than one year from the date of such passage.

SECTION 7. WHEREAS, The Rhode Island Economic Development Corporation is a public instrumentality of the State of Rhode Island (the "State"), created by the general assembly pursuant to Rhode Island General Laws section 42-64-1 et seq. (as enacted, reenacted and amended, the ("Act"); and

WHEREAS, The Act declares, in part, that new industrial, manufacturing, recreational, and commercial facilities are required to attract and house new industries and thereby reduce the hazards of unemployment; and that unaided efforts of private enterprises have not met and cannot meet the needs of providing those facilities due to problems encountered in assembling suitable building sites, lack of adequate public service, unavailability of private capital for development, and the inability of private enterprise alone to plan, finance, and coordinate industrial, recreational, and commercial development; and

WHEREAS, The Act further declares it to be the public policy of the state to furnish proper and adequate airport facilities within the state and to encourage the integration of these facilities so far as practicable; and

WHEREAS, In furtherance of these goals, it is the policy of the state to retain existing industries and to induce, encourage and attract new industries through the acquisition, construction, reconstruction and rehabilitation of industrial, manufacturing, recreational, and commercial facilities, as well as transportation, residential, environmental, utility, public service, institutional and civic and community facilities, and to develop sites for such facilities; and

WHEREAS, The Act has empowered the Rhode Island Economic Development Corporation to establish subsidiary corporations to exercise its powers and functions, or any of them, and, pursuant to such power, the Rhode Island Economic Development Corporation has established the Rhode Island Airport Corporation to plan, develop, construct, finance, manage, and operate airport facilities in the state; and

WHEREAS, The Act provides that the Rhode Island Airport Corporation shall have the power to purchase, take, receive, lease or otherwise acquire, own, hold, improve, use and otherwise deal in and with, real or personal property, or any interest therein, wherever situated; and

WHEREAS, The Act also provides that the Rhode Island Airport Corporation shall have the power to sell, mortgage, lease, exchange, transfer or otherwise dispose of or encumber any project, (or in the case of a sale, to accept a purchase money mortgage in connection therewith) or to grant options for any such purposes with respect to any real or personal property or interest therein, all of the foregoing for such consideration as the Rhode Island Airport Corporation shall determine. Any lease by the Rhode Island Airport Corporation to another party may be for such part of the Rhode Island Airport Corporation’s property, real or personal, for such period, upon such terms or conditions, with or without an option on the part of the lessee to purchase any or all of the leased property for such consideration, at or after the retirement of all indebtedness incurred by the Rhode Island Airport Corporation on account thereof, as the Rhode Island Airport Corporation shall determine; and

WHEREAS, The Act authorizes the Rhode Island Economic Development Corporation to borrow money and issue bonds for any of its corporate purposes; and

WHEREAS, Pursuant to Rhode Island General Laws sections 35-18-3 and 35-18-4, the Rhode Island Economic Development Corporation has requested the approval of the general assembly of the Rhode Island Economic Development Corporation’s issuance of airport revenue bonds (the "Bonds") for the purpose of providing funds to the Rhode Island Airport Corporation for financing the acquisition, installation and construction of an explosive detection system and the construction of additional administrative space at T.F. Green Airport (the "2003 Airport Project") funding capitalized interest, costs of issuing the bonds and related costs, and the establishment reserves for the project and the bonds, including a debt service reserve fund; and

WHEREAS, The financing of the 2003 Airport Project will be accomplished through one (1) or more loan agreements having the Rhode Island Airport Corporation as borrower, such agreement or agreements to require that the Rhode Island Airport Corporation make loan payments in an amount equal to the debt service on the bonds.

RESOLVED, The general assembly hereby approves the Rhode Island Economic Development Corporation’s issuance of the bonds. The bonds will be special obligations of the Rhode Island Economic Development Corporation payable exclusively from loan repayments under a loan agreement with the Rhode Island Airport Corporation and from bond proceeds, funds, accounts, and properties and the proceeds thereof pledged therefor, and thus the Rhode Island Economic Development Corporation’s maximum liability will be limited to loan repayments received under the loan agreement and the aggregate amount of such other funds, accounts, properties, and proceeds.

RESOLVED, That the total amount of debt approved to be issued in the aggregate shall be limited to not more than fifty-five million one hundred fifty thousand dollars ($55,150,000). Total debt service on the bonds is not expected to exceed four million five hundred thousand dollars ($4,500,000) annually and one hundred seven million dollars ($107,000,000) in the aggregate based on an average interest rate of five and three quarters percent (5.75%) and a twenty-five (25)-year maturity.

RESOLVED, The General Assembly hereby approves the Rhode Island Airport Corporation’s entering into the loan agreements described above. Payments under the loan agreements shall be derived exclusively from project revenues and such other proceeds, funds, accounts, projects and the proceeds thereof as the Rhode Island Airport Corporation may pledge therefor.

RESOLVED, None of the bonds or the loan agreements shall constitute indebtedness of the state or a debt for which the full faith and credit of the state is pledged or a moral obligation thereof.

RESOLVED, That this resolution shall apply to bonds issued within one year of the date of passage of this resolution.

SECTION 8. WHEREAS, The Rhode Island Department of Transportation’s ("RIDOT") detailed review of the State of Rhode Island’s infrastructure has determined that five (5) major transportation projects must be constructed by the year 2010 in order to preserve and maintain the public safety and continued economic success and viability of the State of Rhode Island, its ports and infrastructure; and

WHEREAS, RIDOT has explored various options to finance the costs of the five (5) major transportation projects and determined that the federal-aid financing program authorized in federal law by Section 311 of the National Highway System Designation Act of 1995 and commonly referred to as the Grant Anticipation Revenue Vehicle Program ("GARVEE Program") represents the best financing mechanism for the State of Rhode Island inasmuch as the GARVEE Program will accelerate the funding and construction of the five (5) major transportation projects; and

WHEREAS, The GARVEE Program allows a state to issue bonds ("GARVEE Bonds") or other debt instruments backed by future appropriations for federal-aid transportation projects whereby such amounts are used to cover an assortment of bond-related costs, including principal and interest payments, issuance costs, insurance, and other costs incidental to a financing; and

WHEREAS, Among other advantages, GARVEE Bonds may be issued as special revenue bonds without a full faith and credit pledge by the State of Rhode Island; and

WHEREAS, RIDOT has determined that the GARVEE Program should be utilized to complete the following five (5) major transportation projects:

(1) Sakonnet River Bridge: The current Sakonnet River Bridge (the "Current Sakonnet Bridge"), which currently serves the citizens, businesses, marine trades and port facilities of Aquidneck Island, is dilapidated and in dire need of repair, and based on studies and analysis of RIDOT, a new Sakonnet River Bridge (the "New Sakonnet Bridge") should be constructed as opposed to reconstruction of the Current Sakonnet Bridge; and provided further that RIDOT has determined such construction of the New Sakonnet Bridge is necessary for the continued economic success and viability of the citizens, businesses, transportation and port facilities of Aquidneck Island and otherwise in the best interests of the State of Rhode Island; and

(2) Route 195 Relocation: It has been deemed necessary and desirable to relocate Interstate Route 195 ("Route 195 Relocation") in order to better serve the transportation needs of the State of Rhode Island including, but not limited to, the continued economic success and viability of the citizens, businesses, transportation and port facilities both in the city of Providence and elsewhere and is otherwise in the best interest of the State of Rhode Island based on studies and analysis of RIDOT; and

(3) Washington Bridge: The current Washington Bridge (the "Current Washington Bridge"), which currently serves the citizens, businesses and port facilities of the State of Rhode Island both in the city of Providence and elsewhere, is dilapidated and in dire need of repair and based on studies and analysis of RIDOT a new Washington Bridge (the "New Washington Bridge") as opposed to reconstruction of the Current Washington Bridge is necessary for the continued economic success and viability of the citizens, businesses, transportation and port facilities of the city of Providence and elsewhere and otherwise in the best interest of the State of Rhode Island; and

(4) Freight Rail Improvement Project: In order to provide for the continued economic success of the citizens of the State of Rhode Island and the viability of transportation systems within the State of Rhode Island to move freight by rail due to conflicts with passenger rails and antiquated freight rails, and to link Rhode Island’s ports and various modes of transportation within the State of Rhode Island, the ("Freight Rail Improvement Project") based on studies and analysis of RIDOT; and

(5) 403 Project: In order to provide for the continued transportation needs and the continued economic viability and success of the State of Rhode Island and to link Rhode Island’s ports and various modes of transportation within the State of Rhode Island, it has been determined that the so-called Phase II of the Route 403 Project ("403 Project") must be completed based on studies and analysis of RIDOT; and

WHEREAS, The development and planning of the New Sakonnet Bridge, Route 195 Relocation, New Washington Bridge, Freight Rail Improvement Project and 403 Project included the participation of RIDOT, municipal and/or town planners, safety officials, engineering consultants and other parties necessary in developing a design and construction plan for each project and also examined the available options for the completion of each project, and agreed that the New Sakonnet Bridge, Route 195 Relocation, New Washington Bridge, Freight Rail Improvement Project and 403 Project were each necessary to adequately serve the citizens, businesses and port facilities of the State of Rhode Island and otherwise in the best interests of the State of Rhode Island; and

WHEREAS, It is anticipated and estimated that the State of Rhode Island will receive one hundred fifty two million dollars ($152,000,000) in grant funds from the Federal Highway Administration ("FHWA"), with the assistance of RIDOT in support of the implementation of the New Sakonnet Bridge; and

WHEREAS, It is anticipated that the State of Rhode Island will receive four hundred twenty million dollars ($420,000,000) in grant funds from the FHWA, with the assistance of RIDOT in support of the Route 195 Relocation; and

WHEREAS, It is anticipated that the State of Rhode Island will receive one hundred thirty-two million eight hundred thousand dollars ($132,800,000) in grant funds from the FHWA, with the assistance of RIDOT in support of the implementation of the plan to construct a new Washington Bridge; and

WHEREAS, It is anticipated that the State of Rhode Island will receive fifty-one million two hundred thousand dollars ($51,200,000) in grant funds from the FHWA, with the assistance of RIDOT in support of the implementation of the plan to complete the Freight Rail Improvement Project; and

WHEREAS, It is anticipated that the State of Rhode Island will receive one hundred twenty-nine million two hundred thousand dollars ($129,200,000) in grant funds from the FHWA, with the assistance of RIDOT in support of the implementation of the plan to complete Phase II of the Route 403 Project; and

WHEREAS, In connection with the issuance of GARVEE Bonds, the State of Rhode Island, acting by and through RIDOT, may elect to receive in lieu of certain monies which would otherwise have been received as reimbursement from FHWA for project costs for the five (5) projects referenced herein, debt service payments to repay indebtedness in the form of bonds or notes issued to finance the costs of the construction and financing of the five (5) projects referenced above; and

WHEREAS, The Rhode Island Public Corporation Debt Management Act (R.I. General Laws section 35-18-1, et seq.) requires the General Assembly to provide its consent to the issuance of certain obligations for essential public facilities of the type referenced herein; and

WHEREAS, The design, construction, equipping and completion of these improvements will be financed in whole or in part either through revenue bonds issued pursuant to the GARVEE Program by the State of Rhode Island or through revenue bonds issued pursuant to the GARVEE Program by the Rhode Island Economic Development Corporation (the "RIEDC") or through revenue bonds issued pursuant to the GARVEE Program by another agency, instrumentality or quasi-public corporation established by the State of Rhode Island now or hereafter and otherwise authorized and empowered pursuant to law to issue bonds of the type referenced herein for the types of projects enumerated herein, with either issuance having an expected term of twenty (20) years, and annual revenues for the operation and maintenance of the New Sakonnet Bridge, Route 195 Relocation, New Washington Bridge, Freight Rail Improvement Project, and 403 Project to be included in the annual operating budget of RIDOT; and

WHEREAS, The capital costs and anticipated bond issuance amounts associated with these projects are estimated to be:

(1) For the New Sakonnet Bridge: (a) a total capital cost of one hundred seventeen million eight hundred thousand dollars ($117,800,000); (b) the total debt issuance of GARVEE and/or other than GARVEE Bonds associated with payment of the capital costs, financing costs, costs of issuance or insurance or credit enhancement would be an amount not to exceed one hundred twenty six million two hundred forty thousand dollars ($126,240,000); (c) with respect to the total debt issuance of one hundred twenty six million two hundred forty thousand dollars ($126,240,000) referenced in subsection (b) above, an amount not to exceed twenty five million two hundred forty eight thousand dollars ($25,248,000) of bonds would be repaid by the State of Rhode Island with other than FHWA funds (the "State Match Bonds"); (d) total debt service payments on the State Match Bonds over an expected 20 year period on the twenty five million two hundred forty eight thousand dollars ($25,248,000) issuance are projected to be thirty seven million four hundred fifty eight thousand dollars ($37,458,000), assuming an average coupon rate of 5.1%; and (e) the debt service payments on the State Match Bonds would be supported from the Motor Fuel Tax Allocation as hereinafter defined; and total debt service on all bonds of one hundred ninety million one hundred fifty-five thousand four hundred twenty dollars ($190,155,420); and

(2) For the Route 195 Relocation: (a) a total capital cost of three hundred twenty five million dollars ($325,000,000); (b) the total debt issuance of GARVEE and/or other than GARVEE Bonds associated with payment of the capital costs, financing costs, costs of issuance or insurance or credit enhancement would be an amount not to exceed three hundred forty eight million two hundred eighty five thousand dollars ($348,285,000); (c) with respect to the total debt issuance of $348,285,000 referenced in subsection (b) above, an amount not to exceed sixty nine million six hundred fifty seven thousand dollars ($69,657,000) of bonds would be State Match Bonds; (d) total debt service payments on the State Match Bonds over an expected twenty (20) year period on the sixty nine million six hundred fifty seven thousand dollars ($69,657,000) issuance are projected to be one hundred three million three hundred forty four thousand dollars ($103,344,000), assuming an average coupon rate of 5.1%; and (e) the debt service payments on the State Match Bonds would be supported from the Motor Fuel Tax Allocation as hereinafter defined; and total debt service on all bonds of five hundred twenty-four million six hundred twenty-two thousand three hundred twenty dollars ($524, 622,320); and

(3) For the New Washington Bridge: (a) a total capital cost of $80,000,000; (b) the total debt issuance of GARVEE and/or other than GARVEE Bonds associated with payment of the capital costs, financing costs, costs of issuance or insurance or credit enhancement would be an amount not to exceed $85,430,000; and (c) no State Match Bonds will be issued in connection with the New Washington Bridge as all costs related to the construction and financing of this project will be covered by the FHWA funds due the State of Rhode Island; and total debt service on all bonds of one hundred thirty-two million eight hundred thousand dollars ($132,800,000); and

(4) For the Freight Rail Improvement Project: (a) a total capital cost of $37,700,000; (b) the total debt issuance of GARVEE and/or other than GARVEE Bonds associated with payment of the capital costs, financing costs, costs of issuance or insurance or credit enhancement would be an amount not to exceed forty two million five hundred and five thousand dollars ($42,505,000); (c) with respect to the total debt issuance of forty two million five hundred and five thousand dollars ($42,505,000) referenced in subsection (b) above, an amount not to exceed eight million five hundred thousand dollars ($8,500,000) of bonds would be State Match Bonds; (d) total debt service payments on the State Match Bonds over an expected twenty (20) year period on the eight million five hundred thousand dollars ($8,500,000) issuance are projected to be twelve million six hundred and eight thousand dollars ($12,608,000), assuming an average coupon rate of 5.1%; and (e) the debt service payments on the State Match Bonds would be supported from the Motor Fuel Tax Allocation as hereinafter defined; and total debt service on all bonds of sixty-four million dollars ($64,000,000); and

(5) For the 403 Project: (a) a total capital cost of one hundred million dollars ($100,000,000); (b) the total debt issuance of GARVEE and/or other than GARVEE Bonds associated with payment of the capital costs, financing costs, costs of issuance or insurance or credit enhancement would be an amount not to exceed one hundred seven million one hundred sixty five thousand dollars ($107,165,000); (c) with respect to the total debt issuance of one hundred seven million one hundred sixty five thousand dollars ($107,165,000) referenced in subsection (b) above, an amount not to exceed twenty one million four hundred thirty three thousand dollars ($21,433,000) of bonds would be State Match Bonds; (d) total debt service payments on the State Match Bonds over an expected 20 year period on the $21,433,000 issuance are projected to be $31,798,000, assuming an average coupon rate of 5.1%; and (e) the debt service payments on the State Match Bonds would be supported from the Motor Fuel Tax Allocation as hereinafter defined; and total debt service on all bonds of one hundred sixty-one million four hundred twenty-two thousand two hundred sixty dollars ($161,422,260); now, therefore be it

RESOLVED AND ENACTED, That the New Sakonnet Bridge, Route 195 Relocation, New Washington Bridge, Freight Rail Improvement Project and 403 Project are each essential public facilities and critical to ensure the economic viability of the citizens, businesses, transportation, marine trades and port facilities of the State of Rhode Island and otherwise in the best interests of the State of Rhode Island, and that this General Assembly hereby approves the following financing:

(1) For the New Sakonnet Bridge: the issuance of an amount not to exceed one hundred twenty six million two hundred forty thousand dollars ($126,240,000) in GARVEE Bonds, the repayment of which shall be derived from and supported by FHWA funds due the State of Rhode Island and an amount not to exceed twenty five million two hundred forty eight thousand dollars ($25,248,000) in State Match Bonds to be issued by the State of Rhode Island or the RIEDC or a subsidiary thereof or other agency, instrumentality or quasi-public corporation established by the State of Rhode Island now or hereafter and otherwise authorized and empowered pursuant to law to issue bonds of the type referenced herein for the types of projects enumerated herein and to incur and pay debt service payments for such State Match Bonds in an amount not to exceed thirty seven million four hundred fifty eight thousand dollars ($37,458,000) and total debt service on all bonds of one hundred ninety million one hundred fifty-five thousand four hundred twenty dollars ($190,155,420) as specified in (1) above for bonds issued for the New Sakonnet Bridge such debt service payments to be made from the Motor Fuel Tax Allocation, as hereinafter defined, or such other revenue source as the Rhode Island General Assembly shall designate from time to time for the construction, design, maintenance, completion, finance costs, including, but not limited to, costs of issuance, credit enhancement, legal counsel and underwriter fees and expenses and other costs associated with the New Sakonnet Bridge;

(2) For the Route 195 Relocation: the issuance of an amount not to exceed three hundred forty eight million two hundred eighty five thousand dollars ($348,285,000) in GARVEE Bonds, the repayment of which shall be derived from and supported by FHWA funds due the State of Rhode Island and an amount not to exceed sixty nine million six hundred fifty seven thousand dollars ($69,657,000) in State Match Bonds to be issued by the State of Rhode Island or the RIEDC or a subsidiary thereof or other agency, instrumentality or quasi-public corporation established by the State of Rhode Island now or hereafter and otherwise authorized and empowered pursuant to law to issue bonds of the type referenced herein for the types of projects enumerated herein and to incur and pay debt service payments for such State Match Bonds in an amount not to exceed one hundred three million three hundred forty-four thousand dollars ($103,344,000) and total debt service on all bonds of five hundred twenty-four million six hundred twenty–two thousand three hundred twenty dollars ($524,622,320) as specified in (2) above for bonds issued for the Route 195 Relocation such debt service payments to be made from the Motor Fuel Tax Allocation, as hereinafter defined, or such other revenue source as the Rhode Island General Assembly shall designate from time to time, for the construction, design, maintenance, completion, finance costs, including, but not limited to, costs of issuance, credit enhancement, legal counsel and underwriter fees and expenses and other costs associated with the Route 195 Relocation;

(3) For the New Washington Bridge: the issuance of an amount not to exceed $85,430,000 in GARVEE Bonds, the repayment of which shall be wholly derived from and supported by FHWA funds due the State of Rhode Island; and total debt service on all bonds of one hundred thirty-two million eight hundred thousand dollars ($132,800,000);

(4) For the Freight Rail Improvement Project: the issuance of an amount not to exceed forty-two million five hundred five thousand dollars ($42,505,000) in GARVEE Bonds, the repayment of which shall be derived from and supported by FHWA funds due the State of Rhode Island and an amount not to exceed eight million five hundred thousand dollars ($8,500,000) in State Match Bonds to be issued by the State of Rhode Island or the RIEDC or a subsidiary thereof or other agency, instrumentality or quasi-public corporation established by the State of Rhode Island now or hereafter and otherwise authorized and empowered pursuant to law to issue bonds of the type referenced herein for the types of projects enumerated herein and to incur and pay debt service payments for such State Match Bonds in an amount not to exceed twelve million six hundred eight thousand dollars ($12,608,000) and total debt service on all bonds of sixty-four million dollars ($64,000,000) as specified in (4) above for bonds issued for the Freight Rail Improvement Project such debt service payments to be made from the Motor Fuel Tax Allocation, as hereinafter defined, or such other revenue source as the Rhode Island General Assembly shall designate from time to time for the construction, design, maintenance, completion, finance costs, including, but not limited to, costs of issuance, credit enhancement, legal counsel and underwriter fees and expenses and other costs associated with the Freight Rail Improvement Project; and

(5) For the 403 Project: the issuance of an amount not to exceed one hundred seven million one hundred sixty five thousand dollars ($107,165,000) in GARVEE Bonds, the repayment of which shall be derived from and supported by FHWA funds due the State of Rhode Island and an amount not to exceed twenty one million four hundred thirty three thousand dollars ($21,433,000) in State Match Bonds to be issued by the State of Rhode Island or the RIEDC or a subsidiary thereof or other agency, instrumentality or quasi-public corporation established by the State of Rhode Island now or hereafter and otherwise authorized and empowered pursuant to law to issue bonds of the type referenced herein for the types of projects enumerated herein and to incur and pay debt service payments for such State Match Bonds in an amount not to exceed thirty one million seven hundred ninety eight thousand eight hundred dollars ($31,798,800) and total debt service on all bonds of one hundred sixty-one million four hundred twenty-two thousand two hundred sixty dollars ($161,422,260) as specified in (5) above for bonds issued for the 403 Project such debt service payments to be made from the Motor Fuel Tax Allocation, as hereinafter defined, or such other revenue source as the Rhode Island General Assembly shall designate from time to time for the construction, design, maintenance, completion, finance costs, including, but not limited to, costs of issuance, credit enhancement, legal counsel and underwriter fees and expenses and other costs associated with the 403 Project; and

Further, that the Governor of the State of Rhode Island or the Director of the Rhode Island Department of Transportation or the Director of the Rhode Island Department of Administration or the Executive Director of the Rhode Island Economic Development Corporation each be and each hereafter are, acting singly, authorized and empowered by the Rhode Island General Assembly to enter into a financing lease, guarantee, loan and trust agreement, indenture or other obligations or contracts or agreements and to take such other actions as such official shall deem necessary or appropriate in order to issue or facilitate the issuance of the GARVEE Bonds, and/or other bonds referenced in (1) through (5) above and to provide the Rhode Island Economic Development Corporation or any subsidiary thereof or other instrumentality, agency or quasi-public corporation otherwise authorized and empowered to issue the bonds specified in this Joint Resolution and Act for the projects specified above with the necessary debt service payments up to the amounts specified in (1) through (5) above and the necessary security for such bonds consistent with the provisions of this Joint Resolution and Act, including any action to pledge, assign or otherwise transfer the right to receive all or any portion of future FHWA appropriations for federal-aid transportation projects or other revenues permitted by the laws of the state of Rhode Island to secure or provide for the payment of any such GARVEE or other bonds; and

Further, that any issuance of bonds or notes authorized in the preceding paragraphs (1) through (5) may be effectuated in an aggregate principal amount representing the sum of the authorized GARVEE Bonds and State Match Bonds in the event that GARVEE Bonds are secured by both federal moneys and state revenue sources, and that the Rhode Island General Laws be amended as follows:

SECTION 9. Section 31-36-20 of the General Laws in Chapter 31-36 entitled "Motor Fuel Tax" is hereby amended to read as follows:

31-36-20. Disposition of proceeds. — (a) (1) Notwithstanding any other provision of law to the contrary, all moneys paid into the general treasury under the provisions of this chapter or chapter 37 of this title shall be applied to and held in a separate fund and be deposited in any depositories that may be selected by the general treasurer to the credit of the fund, which fund shall be known as the Intermodal Surface Transportation Fund; provided, that six and one-fourths cents ($0.0625) six and eighty-five hundredths cents ($0.0685) per gallon of the tax imposed and accruing for the liability under the provisions of section 31-36-7, less refunds and credits, shall be transferred to the Rhode Island public transit authority as provided under section 39-18-21, and one cent ($.01) per gallon shall be transferred to the Elderly/Disabled Transportation Program of the department of elderly affairs, and the remaining cents per gallon shall be available for general revenue as determined by the following schedule:

(i) For the fiscal year 2000, three and one fourth cents ($0.0325) shall be available for general revenue.

(ii) For the fiscal year 2001, one and three-fourth cents ($0.0175) shall be available for general revenue.

(iii) For the fiscal year 2002, one-fourth cent ($0.0025) shall be available for general revenue.

(iv) For the fiscal year 2003, two and one-fourth cent (.0225) shall be available for general revenue.

(v) For the fiscal year 2004, and thereafter, two cents ($0.02) one and four-tenths cents ($.014) shall be available for general revenue.

(2) All deposits and transfers of funds made by the tax administrator under this section including those to the Rhode Island public transit authority, the department of elderly affairs and the general fund, shall be made within twenty-four (24) hours of receipt or previous deposit of the funds in question.

(3) Commencing in fiscal year 2004, the Director of the Rhode Island Department of Transportation is authorized to remit, on a monthly or less frequent basis as shall be determined by the Director of the Rhode Island Department of Transportation, or his or her designee, or at the election of the Director of the Rhode Island Department of Transportation, with the approval of the Director of the Department of Administration, to an indenture trustee, administrator, or other third party fiduciary, in an amount not to exceed two cents ($.02) per gallon of the gas tax imposed, in order to satisfy debt service payments on aggregate bonds issued pursuant to a Joint Resolution and Enactment Approving the Financing of Various Department of Transportation Projects adopted during the 2003 session of the General Assembly, and approved by the Governor.

(b) Notwithstanding any other provision of law to the contrary, all other funds in the fund shall be dedicated to the department of administration, subject to annual appropriation by the general assembly. The director of administration shall submit to the general assembly, budget office and office of the governor annually an accounting of all amounts deposited in and credited to the fund together with a planned budget for proposed expenditures for the succeeding fiscal year in compliance with sections 35-3-1 and 35-3-4. On order of the director of transportation, the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payments of any sum or portion of the sum that may be required from time to time upon receipt of properly authenticated vouchers.

(c) At any time the amount of the fund is insufficient to fund the expenditures of the department of administration, not to exceed the amount authorized by the general assembly, the general treasurer is authorized, with the approval of the governor and the director of administration, in anticipation of the receipts of monies enumerated in section 31-36-20 to advance sums to the fund, for the purposes specified in section 31-36-20, any funds of the state not specifically held for any particular purpose. However, all the advances made to the fund shall be returned to the general fund immediately upon the receipt by the fund of proceeds resulting from the receipt of monies to the extent of the advances.

SECTION 10. Sections 42-64-7 and 42-64-7.1 of the General Laws in Chapter 42-64 entitled "Rhode Island Economic Development Corporation" are hereby amended to read as follows:

42-64-7. Additional general powers. — In addition to the powers enumerated in section 42-64-6, except to the extent inconsistent with any specific provision of this chapter, the corporation shall have power:

(1) To undertake the planning, development, construction, financing, management, operation of any project, and all activities in relation thereto.

(2) (i) To sell, mortgage, lease, exchange, transfer, or otherwise dispose of or encumber any port project, (or in the case of a sale, to accept a purchase money mortgage in connection with any port project) or to grant options for any purposes with respect to any real or personal property or interest in real or personal property, all of the foregoing for consideration as the corporation shall determine. Any lease by the corporation to another party may be for any part of the corporation’s property, real or personal, for any period, upon any terms or conditions, with or without an option on the part of the lessee to purchase any or all of the leased property for any consideration, at or after the retirement of all indebtedness incurred by the corporation on account thereof, as the corporation shall determine.

(ii) Without limiting the generality of the foregoing, the corporation is expressly empowered to lease or sell any part of the real or personal property owned or controlled by the corporation to the state, or any department of the state or to any municipality. The provisions of this section or of any other laws of this state (other than this chapter) restricting the power of the state, its departments or any municipality, to lease or sell property, or requiring or prescribing publication of notice of intention to lease or sell, advertising for bids, the terms of contracts of lease or sale, that would in any manner interfere with the purpose of this section, which is to provide for the mutual cooperation by and between the corporation and the state, its departments or any municipality, to the fullest extent possible, are not applicable to leases and sales made pursuant to this section.

(3) To prepare or cause to be prepared plans, specifications, designs, and estimates of costs for the construction, reconstruction, rehabilitation, improvement, alteration, or repair of any project, and from time to time to modify those plans, specifications, designs, or estimates.

(4) To manage any project, whether then owned or leased by the corporation, and to enter into agreements with the state or any municipality or any agency or their instrumentalities, or with any person, firm, partnership, or corporation, either public or private, for the purpose of causing any project to be managed.

(5) To provide advisory, consultative, training, and educational services, technical assistance, and advice to any person, firm, partnership, or corporation, whether it be public or private, in order to carry out the purposes of this chapter.

(6) Subject to the provisions of any contract with note holders or bond holders to consent to the modification, with respect to rate of interest, time of payments of any installment of principal or interest, security or any other term of any mortgage, mortgage loan, mortgage loan commitment, contract, or agreement of any kind to which the corporation is a party.

(7) In connection with any property on which it has made a mortgage loan, to foreclose on that property or commence an action to protect or enforce any right conferred upon it by law, mortgage, contract, or other agreement and to bid for and purchase the property at any foreclosure or any other sale, or to acquire or take possession of the property; and in that event the corporation may complete, administer, pay the principal of, or interest on any obligations incurred in connection with the property, dispose of, and otherwise deal with the property in a manner as may be necessary or desirable to protect the interest of the corporation therein.

(8) As security for the payment of principal and interest on any bonds or notes or any agreements made in connection therewith, to mortgage and pledge any or all of its projects and property, whether then owned or thereafter acquired, and to pledge the revenues and receipts from all or part thereof, and to assign or pledge the leases, sales contracts or loan agreements or other agreements on any portion or all of its projects and property and to assign or pledge the income received by virtue of the lease, sales contracts, loan agreements or other agreements.

(9) To invest any funds of the corporation including funds held in reserve or sinking funds, or any moneys not required for immediate use or disbursement at the discretion of the corporation, in: (i) obligations of the state or the United States, (ii) obligations of the principal and interest of which are guaranteed by the state or the United States, (iii) obligations of agencies and instrumentalities of the state or the United States, or (iv) certificates of deposits of banks and trust companies or shares of building loan associations organized under the laws of the state or doing business in the state or (v) any obligations, securities, and other investments as shall be specified in resolutions of the corporation.

(10) To engage the services of consultants on a contract basis for rendering professional and technical assistance and advice, and to employ architects, engineers, attorneys, accountants, construction, and financial experts and any other advisors, consultants, and agents as may be necessary in his or her judgment, and to fix their compensation.

(11) To contract for and to accept any gifts or grants or loans or funds or property or financial or other assistance in any form from the United States or any agency or instrumentality of the United States or from the state or any agency or instrumentality of the state or from any other source and to comply, subject to the provisions of this chapter, with the terms and conditions of this contract.

(12) To enter into agreements with any municipality or political subdivision, either directly or on behalf of any other party which holds legal title to all or any portion of a project as the lessee from the corporation designated pursuant to paragraph (c) of section 42-64-20, providing that the corporation or the lessee shall pay annual sums in lieu of taxes to the municipality or political subdivision of the state in respect to any real or personal property which is owned by the corporation or the lessee and is located in the municipality or political subdivision.

(13) To borrow money and to issue negotiable bonds and notes, and to provide for the rights of the holders of these bonds and notes, for the purpose of providing funds to pay all or any part of the cost of any port project or for the purpose of refunding any of these bonds issued.

(14) To construct, acquire, own, repair, develop, operate, maintain, extend, and improve, rehabilitate, renovate, furnish, and equip one or more port projects and to pay all or any part of the costs of these bonds and notes from the proceeds of bonds of the corporation or from any contribution, gift, or donation or other funds made available to the corporation for those purposes.

(15) To fix, charge and collect rents, fees, tolls, and charges for the use of any port project and to alter and investigate rates, and practices of charging, which affect port projects so as to increase commerce in the state.

(16) To prescribe rules and regulations deemed necessary or desirable to carry out the purposes of this chapter including rules and regulations to insure maximum use and proper operation of port projects.

(17) To establish penalties for violations of any order, rule, or regulation of the corporation, and a method of enforcing these penalties.

(18) To develop, maintain, and operate foreign trade zones under those terms and conditions that may be prescribed by law.

(19) To impose administrative penalties in accordance with the provisions of section 42-64-9.2.

(20) To make assessments and impose reasonable and just user charges, and to pay for those expenses that may be required by law or as may be determined by the corporation to be necessary for the maintenance and operation of the sewage treatment facility.

(21) To establish a sewage pretreatment program, and to require as a condition to the grant or reissuance of any approval, license, or permit required under the program that the person applying for the approval, license or permit, pay to the corporation a reasonable fee based on the cost of reviewing and acting upon the application and based on the costs of implementing the program. In addition, where a violation of any of the provisions of this title or any permit, rule, regulation, or order issued pursuant to this title have occurred, the violator shall reimburse the corporation for the actual costs of implementing and enforcing the terms of the permit, rule, regulation or order as a condition to the grant or reissuance of any approval.

(22) To assist urban communities revitalize their local economics.

(23) To provide assistance to minority businesses and to neighborhoods where there is insufficient economic and business investment.

(24) To support and assist entrepreneurial activity by minorities and by low and moderate income persons.

(25) To issue bonds and notes of the type and for those projects and for those purposes specified in the Joint Resolution and Act of the General Assembly adopted by the Rhode Island House of Representatives and the Rhode Island Senate; and to make such determinations, enter into such agreements, to deliver such instruments and to take such other actions as it shall deem necessary or desirable to effectuate the financing of such projects.

42-64-7.1. Subsidiaries. — (a) (1) The parent corporation shall have the right to exercise and perform its powers and functions, or any of them, through one or more subsidiary corporations whose creation shall be approved and authorized by the general assembly.

(2) Express approval and authorization of the general assembly shall be deemed to have been given for all legal purposes on July 1, 1995 for the creation and lawful management of a subsidiary corporation created for the management of the Quonset Point/Davisville Industrial Park, that subsidiary corporation being managed by a board of directors, the members of which shall be constituted as follows: (i) two (2) members who shall be appointed by the town council of the town of North Kingstown; (ii) two (2) members who shall be residents of the town of North Kingstown appointed by the governor; (iii) four (4) members who shall be appointed by the governor; (iv) the chairperson, who shall be the executive director of the economic development corporation; and (v) non-voting members, who shall be the members of the general assembly whose districts are comprised in any part by areas located within the town of North Kingstown. Upon receipt of approval and authorization from the general assembly, the parent corporation by resolution of the board of directors may direct any of its directors, officers, or employees to create subsidiary corporations pursuant to chapter 1.1 or 6 of title 7 or in the manner described in subsection (b); provided, that the parent corporation shall not have any power or authority to create, empower or otherwise establish any corporation, subsidiary corporation, corporate body or any form of partnership or any other separate entity, without the express approval and authorization of the general assembly.

(b) As used in this section, "subsidiary public corporation" means a corporation created pursuant to the provisions of this section. The person or persons directed by the resolution referred to in subsection (a) shall prepare articles of incorporation setting forth: (1) the name of the subsidiary public corporation; (2) the period of duration, which may be perpetual; (3) the purpose or purposes for which the subsidiary public corporation is organized which shall not be more extensive than the purposes of the corporation set forth in section 42-64-5; (4) the number of directors (which may, but need not be, more than one) constituting the initial board of directors and their names and business or residence addresses; (5) the name and business or residence address of the person preparing the articles of incorporation; (6) the date when corporate existence shall begin (which shall not be earlier than the filing of the articles of incorporation with the secretary of state as provided in this subsection); (7) any provision, not inconsistent with law, which the board of directors elect to set forth in the articles of incorporation for the regulation of the internal affairs of the subsidiary public corporation; and (8) a reference to the form of authorization and approval by the general assembly and to the resolution of the board of directors authorizing the preparation of the articles of incorporation. Duplicate originals of the articles of incorporation shall be delivered to the secretary of state. If the secretary of state finds that the articles of incorporation conform to the provisions of this subsection, the secretary shall endorse on each of the duplicate originals the word "Filed," and the month, day and year of the filing; file one of the duplicate originals in his or her office; and a certificate of incorporation to which the secretary shall affix the other duplicate original. No filing fees shall be payable upon the filing of articles of incorporation. Upon the issuance of the certificate of incorporation or upon a later date specified in the articles of incorporation, the corporate existence shall begin and the certificate of incorporation shall be conclusive evidence that all conditions precedent required to be performed have been complied with and that the subsidiary public corporation has been duly and validly incorporated under the provisions hereof. The parent corporation may transfer to any subsidiary public corporation any moneys, real, personal, or mixed property or any project in order to carry out the purposes of this chapter. Each subsidiary public corporation shall have all the powers, privileges, rights, immunities, tax exemptions, and other exemptions of the parent corporation except to the extent that the articles of incorporation of the subsidiary public corporation shall contain an express limitation and except that the subsidiary public corporation shall not have the condemnation power contained in section 42-64-9, nor shall it have the powers contained in, or otherwise be subject to, the provisions of section 42-64-12 and section 42-64-13(a), nor shall it have the power to create, empower or otherwise establish any corporation, subsidiary corporation, corporate body, any form of partnership, or any other separate entity, without the express approval and authorization of the general assembly.

(c) Any subsidiary corporation shall not be subject to the provisions of section 42-64-8(a), (c), and (d), except as otherwise provided in the articles of incorporation of the subsidiary corporation.

(d) The corporation, as the parent corporation of the Rhode Island Airport Corporation, shall not be liable for the debts or obligations or for any actions or inactions of the Rhode Island Airport Corporation, unless the corporation expressly agrees otherwise in writing.

(e) The parent corporation is hereby authorized and empowered to create a subsidiary corporation for the expressed purpose to issue bonds and notes of the type and for those projects and purposes specified in the Joint Resolution and Act of the General Assembly adopted by the Rhode Island House of Representatives and the Rhode Island Senate.

and be it further

RESOLVED, That any GARVEE Bonds or notes or other bonds or notes issued pursuant to this Joint Resolution and Act shall not constitute "state debt" within the meaning of Article 6, Section 16 of the Rhode Island Constitution and shall be the obligations of only the issuer of such obligations; and be it further

RESOLVED, That this Joint Resolution and Act shall take effect immediately upon its passage by the General Assembly."

Respectfully submitted,

PAUL V. SHERLOCK

Representative, District 20

Representatives Enos, Montanaro, McHugh, Sherlock and Watson discuss the amendment.

The motion to amend is read and prevails on a roll call vote, 67 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 67: The Honorable Speaker Murphy and Representatives Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Harwood, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Winfield.

NAYS — 0.

The article is read and prevails, as amended, on a roll call vote, 67 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 67: The Honorable Speaker Murphy and Representatives Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Harwood, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Winfield.

NAYS — 0

 

ARTICLE 37

RELATING TO A TAX STUDY COMMISSION AND AN EDUCATION FUNDING STUDY

COMMISSION

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

Representatives Giannini, Trillo, Story, Moura and Benson discuss the article.

The article is read and prevails, on a roll call vote, 66 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 66: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kilmartin, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

Representative Kennedy requests the journal to reflect that if he had voted on Article 37, he would have voted in the affirmative.

There is no objection.

 

ARTICLE 38

RELATING TO STATE AID — A STATEWIDE STUDY OF TAX TREATIES AND EXEMPTIONS

Representative Costantino moves passage of the article, seconded by Representatives Shavers, Reilly, San Bento, Jacquard, Lowe, Giannini, Aubin, Lima, Sherlock, Benson, Picard, Moffitt, Cerra and Callahan.

The article is read and prevails, on a roll call vote, 68 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 68: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Harwood, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

ARTICLE 39

RELATING TO STATE AFFAIRS AND

GOVERNMENT

Representative Carter moves passage of the article, seconded by Representatives San Bento, Aubin, Shanley, Rose and Coogan.

By unanimous consent, Representative Carter, seconded by Representative Aubin, Gallison, Shanley, Benson, Wasylyk, Fox and San Bento offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

Article 39, section 2, page 3, line 4, by deleting the word "settlement", and inserting in place thereof the words "multi-state initiative".

Respectfully submitted,

PAUL V. SHERLOCK

Representative, District 20

The motion to amend is read and prevails on a roll call vote, 66 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 66: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

The article is read and prevails, as amended, 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, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

ARTICLE 40

RELATING TO PUBLIC UTILITIES AND

CARRIERS

Representative Crowley moves passage of the article, seconded by Representatives Carter, Jacquard, Naughton and San Bento.

By unanimous consent, Representative Crowley, seconded by Representatives Jacquard, Reilly and Naughton, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

In Article 40, page 2, line 3 add the following after "article." "The General Assembly shall annually review the surcharge to determine if it should be applied to wireless telephone service."

Respectfully submitted,

PAUL W. CROWLEY

Representative, District 75

Representatives Schadone, Watson, Gorham, Crowley and Caprio discuss the amendment.

The motion to amend is read and fails of passage, on a roll call vote, 17 members voting in the affirmative and 42 members voting in the negative as follows:

YEAS — 17: Representatives Ajello, Almeida, Carter, Coogan, Crowley, Enos, Fox, Handy, Harwood, Jacquard, Lowe, Naughton, Petrarca, Shanley, Sherlock, Smith, Williams.

NAYS — 42: Representatives Amaral, Aubin, Benson, Brien, Callahan, Caprio, Cerra, Coderre, Corvese, Costantino, Flaherty, Gallison, Giannini, Ginaitt, Gorham, Kennedy, Kilmartin, Landroche, Laroche, Lewiss, Long, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Mumford, Picard, Rose, San Bento, Savage, Schadone, Shavers, Story, Trillo, Wasylyk, Watson, Winfield.

By unanimous consent, Representative Gorham, seconded by Representative Mumford, Moffitt and Callahan, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

(1) Delete Article 40, entitled "Relating to Public Utilities and Carriers" in its entirety.

Respectfully submitted,

NICHOLAS GORHAM

Representative, District 40

Representatives Shanley, Almeida, Watson, Savage, Crowley, Trillo, Moffitt, Amaral and Menard discuss the amendment.

The motion to amend is read and fails of passage, on a roll call vote, 14 members voting in the affirmative and 54 members voting in the negative as follows:

YEAS — 14: Representatives Amaral, Callahan, Gorham, Long, McManus, Moffitt, Mumford, Picard, Rose, Savage, Story, Trillo, Voccola, Watson.

NAYS — 54: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Harwood, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, McCauley, McHugh, McNamara, Menard, Montanaro, Moran, Moura, Naughton, Petrarca, Reilly, San Bento, Schadone, Shanley, Shavers, Sherlock, Smith, Tejada, Williams, Williamson, Winfield.

Representative Landroche moves to reconsider Representative Crowley’s amendment, seconded by Representatives Sherlock, Costantino, Williamson, Shanley, Fox and Menard.

There is no objection.

The amendment is reconsidered, on a roll call vote, 48 members voting in the affirmative and 22 members voting in the negative as follows:

YEAS — 48: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Anguilla, Aubin, Benson, Brien, Carter, Cerra, Coderre, Coogan, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Harwood, Jacquard, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, McCauley, McNamara, Moran, Moura, Mumford, Naughton, Petrarca, Rose, Shanley, Shavers, Sherlock, Smith, Tejada, Voccola, Williams, Williamson.

NAYS — 22: Representatives Amaral, Callahan, Caprio, Corvese, Gorham, Kennedy, Long, McHugh, McManus, Menard, Moffitt, Montanaro, Picard, Reilly, San Bento, Savage, Schadone, Story, Trillo, Wasylyk, Watson, Winfield.

By unanimous consent, Representative Crowley, seconded by Representative Landroche, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

In Article 40, page 2, line 3 add the following after "article." "The General Assembly shall review the surcharge to determine if it should be applied to wireless telephone service."

Respectfully submitted,

PAUL W. CROWLEY

Representative, District 75

The motion to amend is read and prevails on a roll call vote, 32 members voting in the affirmative and 30 members voting in the negative as follows:

YEAS — 32: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Anguilla, Benson, Carter, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Handy, Jacquard, Landroche, Lewiss, Lima, Lowe, McCauley, McNamara, Moura, Petrarca, Rose, Shanley, Shavers, Sherlock, Smith, Voccola, Williams.

NAYS — 30: Representatives Amaral, Brien, Callahan, Caprio, Coderre, Corvese, Ginaitt, Gorham, Kennedy, Kilmartin, Laroche, Long, Malik, McHugh, McManus, Menard, Moffitt, Montanaro, Mumford, Picard, Reilly, San Bento, Savage, Schadone, Story, Trillo, Wasylyk, Watson, Williamson, Winfield.

By unanimous consent, Representative Wasylyk, seconded by Representative Ajello, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

(1) In Article 40, page 1, line 28, by deleting the words "each residence and" and inserting in placed thereof the word "any".

(2) In Article 40, page 2, line 8, by deleting all of the language after the period "(.)".

(3) In Article 40, page 2, lines 9-11, by deleting all of the language and inserting in place thereof the following:

"(2) The surcharge shall be five dollars ($5.00) per access line or trunk, and shall be assessed against businesses employing one hundred (100) or more employees only."

Respectfully submitted,

PETER N. WASYLYK

Representative, District 6

Representatives Trillo and Wasylyk discuss the amendment.

The motion to amend is read and fails of passage on a roll call vote, 20 members voting in the affirmative and 35 members voting in the negative as follows:

YEAS — 20: Representatives Ajello, Almeida, Benson, Caprio, Flaherty, Gorham, Handy, Kilmartin, Landroche, Lima, McCauley, Montanaro, Moran, Moura, Picard, Rose, Tejada, Voccola, Wasylyk, Williams.

NAYS — 35: Representatives Amaral, Anguilla, Aubin, Brien, Callahan, Carter, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Gallison, Giannini, Harwood, Laroche, Long, Lowe, McHugh, McManus, McNamara, Menard, Moffitt, Mumford, Naughton, Petrarca, Reilly, San Bento, Savage, Schadone, Sherlock, Smith, Story, Trillo, Watson.

The article is read and prevails, as amended, on a roll call vote, 51 members voting in the affirmative and 14 members voting in the negative as follows:

YEAS — 51: The Honorable Speaker Murphy and Representatives Ajello, Anguilla, Aubin, Benson, Brien, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Harwood, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Petrarca, Reilly, San Bento, Schadone, Shanley, Shavers, Sherlock, Smith, Tejada, Voccola, Williams, Winfield.

NAYS — 14: Representatives Amaral, Callahan, Caprio, Gorham, Long, McHugh, McManus, Moffitt, Mumford, Picard, Rose, Savage, Story, Trillo.

 

ARTICLE 41

RELATING TO MEDICAL ASSISTANCE

Representative Costantino moves passage of the article, seconded by Representatives Benson, Gallison and Williams.

By unanimous consent, Representative Costantino, seconded by Representatives San Bento, Sherlock, Carter and Benson, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

In Article 41, section 1, page 8, line 34, following the word "payment", by inserting the word "not".

In Article 41, section 1, page 9, line 7, by deleting the date "October 1, 2004" and inserting in place thereof the date "July 1, 2004".

Respectfully submitted,

PAUL V. SHERLOCK

Representative, District 20

The motion to amend is read and prevails on a roll call vote, 61 members voting in the affirmative and 6 members voting in the negative as follows:

YEAS — 61: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, McCauley, McHugh, Menard, Moffitt, Montanaro, Moran, Moura, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Williams, Williamson, Winfield.

NAYS — 6: Representatives Amaral, Gorham, Long, McManus, Mumford, Watson.

The article is read and prevails, as amended, on a roll call vote, 58 members voting in the affirmative and 5 members voting in the negative as follows:

YEAS — 58: The Honorable Speaker Murphy and Representatives Ajello, Amaral, Anguilla, Aubin, Brien, Caprio, Carter, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Sherlock, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Williams, Williamson, Winfield.

NAYS — 5: Representatives Callahan, Gorham, McManus, Mumford, Watson.

 

ARTICLE 42

RELATING TO APPROPRIATIONS

Representative Costantino moves passage of the article, seconded by Representatives Dennigan, Shavers, Aubin, San Bento, Carter, Crowley and Sherlock.

By unanimous consent, Representative Costantino, seconded by Representatives Watson, Fox, Benson, Aubin and Carter, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

By deleting Article 42 in its entirety and inserting in place thereof the following:

"SECTION 1. Section 1 of 03-H 5069 entitled "Revised Appropriations" relating specifically to the appropriations for the Department of Children, Youth and Families, Department of Elderly Affairs, Department of Health, Department of Human Services, Department of Elementary and Secondary Education, Office of the Child Advocate, the Department of Mental Health, Retardation, and Hospitals, the Department of Transportation and the statewide totals are hereby amended as follows:

03 H 5069 Variance 03 H 6174

Children, Youth, & Families

General Revenues 141,539,457 (1,140,662) 140,398,795

Federal Funds 94,324,980 1,140,662 95,465,642

Department of Elderly Affairs

General Revenues 26,848,850 (14,197) 26,834,653

Federal Funds 11,355,808 14,197 11,370,005

Other Funds

Intermodal Surface Trans.

Fund 4,700,000 (30,000) 4,670,000

Grand Total—

Elderly Affairs 42,904,658 (30,000) 42,874,658

Department of Health

General Revenues 34,496,898 (55,716) 34,441,182

Federal Funds 63,466,370 55,716 63,522,086

Department of Human Services

General Revenues 616,163,007 (6,161,256) 610,001,751

Federal Funds 811,564,254 6,161,256 817,725,510

Department of Elementary and Secondary Education

General Revenues 743,540,979 (16,402) 743,524,577

Federal Funds 167,260,778 16,402 167,277,180

Provided that personnel and other state operations do not exceed $27,666,585

Office of the Child Advocate

General Revenues 494,552 (1,822) 492,730

Federal Funds 359,190 1,822 361,012

Mental Health, Retardation and Hospitals

General Revenues 221,721,192 (3,232,647) 218,488,545

Federal Funds 218,959,401 3,232,647 222,192,048

Department of Transportation

Infrastructure – Engineering

Other Funds

Gasoline Tax 40,330,485 (802,500) 39,527,985

Total-

Infrastructure Eng. 254,793,376 (802,500) 253,990,876

Grand Total-Trans. 304,988,441 (802,500) 304,185,941

Statewide Totals

General Revenues 2,709,655,652 (10,622,702) 2,699,032,950

Federal Funds 1,718,544,296 10,622,702 1,729,166,998

Restricted Receipts 119,375,788 0 119,375,788

Other Funds 971,062,411 (832,500) 970,229,911

Statewide Grand Total

5,518,638,147 (832,500) 5,517,805,647

SECTION 2. Section 1 of 03-H 5069 entitled "Revised Appropriations" relating specifically to the appropriations for the Department of Administration is hereby amended as follows:

Contingency Fund 1,311,529 0 1,311,529

Notwithstanding the provisions of section 35-3-15 of the general laws in chapter 35-3 entitled "State Budget", no unexpended and unencumbered balances of the FY 2003 appropriation for the contingency fund in the Office of the Governor shall be reappropriated to FY 2004.

SECTION 3. This article shall take effect upon passage."

Respectfully submitted,

STEVEN M. COSTANTINO

Representative, District 8

Representatives Watson and Costantino discuss the amendment.

The motion to amend is read and prevails on a roll call vote, 64 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 64: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

The article is read and prevails, as amended, on a roll call vote, 66 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 66: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

ARTICLE 43

RELATING TO STATE BUDGET

Representative Costantino moves passage of the article, seconded by Representatives Carter, Malik, Rose, Kilmartin, Sherlock, Fox and Williamson.

The article is read and prevails, on a roll call vote, 66 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 66: 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, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

ARTICLE 9

RELATING TO EDUCATION AID

Representative Crowley moves passage of the article, seconded by Representative Fox.

By unanimous consent, Representative Crowley, seconded by Representatives Sherlock, Naughton, Brien and Lima, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

1. In Article 9, page 17, by inserting the following language between lines 4 and 5:

"SECTION 13. Section 16-8-10.1 of the General Laws in Chapter 16-8 entitled "Federal Aid" is hereby amended to read as follows:

16-8-10.1. Mandatory school breakfast program. (a) All public schools shall make a breakfast program available to students attending the school. The breakfast shall meet any rules and regulations that are adopted by the commissioner.

(b) Any costs (other than transportation costs) associated with this program in excess of available federal money shall be borne exclusively by the state of Rhode Island and not by municipalities.

SECTION 14. Section 16-1-14 of the General Laws in Chapter 16-1 entitled "State Department of Elementary and Secondary Education" is hereby repealed.

16-1-14. Breakfast program established. — (a) (1) Any school district may, with the consent of the joint committee on legislative services established by section 22-11-1, establish a pilot school breakfast program.

(2) Any costs (other than transportation costs) associated with this program in excess of available federal money shall be borne exclusively by the state of Rhode Island and not by municipalities.

(b) Nothing in this section shall be interpreted to prevent a school district not covered in this section from implementing a school breakfast program in any of its schools.

(c) The department of elementary and secondary education may promulgate rules and regulations necessary for implementation of this section in compliance with federal guidelines.

(d) The pilot school program established by this section shall be administered by the joint committee on legislative services, which shall promulgate regulations governing eligibility for participation in the program.

(e) There shall be appropriated the sum of two hundred thousand dollars ($200,000) to cover the cost of the pilot program established in this section."

2. Article 9, page 17, line 5, by deleting the section number "13" and inserting in place thereof the number "15".

Respectfully submitted,

PAUL W. CROWLEY

Representative, District 75

Representatives Trillo, Moffitt, Crowley, Moura and Amaral discuss the amendment.

The motion to amend is read and prevails on a roll call vote, 59 members voting in the affirmative and 7 members voting in the negative as follows:

YEAS — 59: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Anguilla, Aubin, Benson, Brien, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Schadone, Shanley, Shavers, Sherlock, Smith, Tejada, Voccola, Wasylyk, Williams, Williamson, Winfield.

NAYS — 7: Representatives Amaral, Callahan, Gorham, Moffitt, Story, Trillo, Watson.

By unanimous consent, Representative Trillo, seconded by Representative Moffitt, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

In Article 9, page 1, line 8 by deleting the language beginning with "Each community" through line 11 ending with "FY 2003."

In Article 9, page 1, line 28 by deleting the language beginning with "shall not" through line 30 ending with the letter "(a), and".

Respectfully submitted,

JOSEPH A. TRILLO

Representative, District 24

Representatives Trillo, Watson, Crowley, Kilmartin, Gorham and Menard discuss the amendment.

The motion to amend is read and fails of passage on a roll call vote, 9 members voting in the affirmative and 55 members voting in the negative as follows:

YEAS — 9: Representatives Amaral, Callahan, Gorham, Long, McManus, Moffitt, Story, Trillo, Watson.

NAYS — 55: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Jacquard, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lowe, Malik, McCauley, McHugh, McNamara, Menard, Montanaro, Moran, Moura, Naughton, Petrarca, Picard, Reilly, Rose, Savage, Schadone, Shanley, Shavers, Sherlock, Tejada, Voccola, Wasylyk, Williams, Williamson, Winfield.

By unanimous consent, Representative Gorham, seconded by Representatives Callahan and Watson, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

(1) In Article 9, page 11, lines 14 through 16, after the word and figure "Section 10" by deleting all language in its entirety and inserting in place thereof the following language:

RESOLVED, That a special House commission be and the same is hereby created consisting of ten (10) members: five (5) of whom shall be members of the House of Representatives, not more than three (3) from the same political party, to be appointed by the Speaker of the House; one (1) of whom shall be appointed by the Governor; one (1) of whom shall be the President of the Rhode Island AFT, or designee; one (1) of whom shall be the President of the Rhode Island NEA, or designee; one (1) of whom shall be the President of the Rhode Island Association of School Committees, or designee; and one (1) of whom shall be the President of the Rhode Island Administrator’s Association, or designee.

In lieu of any appointment of a member of the legislature to a permanent advisory commission, a legislative study commission, or any commission created by a General Assembly resolution, the appointing authority may appoint a member of the general public to serve in lieu of a legislator, provided that the Majority Leader or the Minority Leader of the political party which is entitled to the appointment consent to the member of the general public.

The purpose of said commission shall be to study the feasibility of statewide teacher contracts, including salary and benefits, for all public school teachers in the State of Rhode Island.

Forthwith upon passage of this resolution, the members of the commission shall meet at the call of the Speaker of the House and organize and shall select, from among the legislators, a chairperson. 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 the purposes of this resolution.

The Speaker of the House is hereby authorized and directed to provide suitable quarters for said commission; and be it further

RESVOLVED, That the commission shall report its findings and recommendations to the House of Representatives no later than June 2, 2004 and said commission shall expire on August 2, 2004."

Respectfully submitted,

NICHOLAS GORHAM

Representative, District 40

Representatives Gorham, Montanaro and Williamson discuss the amendment.

The motion to amend is read and fails of passage on a roll call vote, 14 members voting in the affirmative and 50 members voting in the negative as follows:

YEAS — 14: Representatives Amaral, Callahan, Enos, Gorham, Laroche, Lewiss, Long, McManus, Moffitt, Mumford, Savage, Story, Trillo, Watson.

NAYS — 50: The Honorable Speaker Murphy and Representatives Almeida, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Jacquard, Kilmartin, Lally, Landroche, Lima, Malik, McCauley, McHugh, McNamara, Menard, Montanaro, Moran, Moura, Naughton, Petrarca, Picard, Reilly, Rose, Schadone, Shanley, Shavers, Sherlock, Smith, Tejada, Voccola, Williams, Williamson, Winfield.

Representatives Story and Gorham request to vote a section separately. The Honorable Speaker rules it can be divisible.

Representative Crowley discusses the article.

By unanimous consent, Representative Jacquard, seconded by Representatives Crowley, Sherlock and Carter, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

(1) In Article 9, page 7, lines 7-11, inclusive, by reinstating the stricken language on said lines, but striking the number "2003", and inserting in place thereof the number "2004".

Said language shall then read as follows:

"(b) For FY 2003 2004, the department shall dedicate one hundred thousand dollars ($100,000) from funds appropriated to support progressive support and intervention and SALT visits to support the Rhode Island Consortium for Instructional Leadership and Training. This consortium is engaged in training school leaders to be more effective instructional leaders in the standards based instruction environment."

Respectfully submitted,

ROBERT B. JACQUARD

Representative, District 17

The motion to amend is read and prevails on a roll call vote, 66 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 66: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

Representatives Long, Sherlock, Benson, Crowley, McHugh and Costantino discuss the article.

Section 5 of Article 9 prevails on a roll call vote, 46 members voting in the affirmative and 16 members voting in the negative as follows:

YEAS — 46: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Anguilla, Brien, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Fox, Gallison, Giannini, Ginaitt, Handy, Jacquard, Kennedy, Lally, Landroche, Laroche, Lima, Long, Lowe, Malik, McCauley, McNamara, Menard, Moura, Naughton, Picard, Rose, San Bento, Schadone, Shanley, Shavers, Sherlock, Smith, Tejada, Voccola, Williams, Williamson, Winfield.

NAYS — 16: Representatives Amaral, Aubin, Benson, Callahan, Caprio, Enos, Gorham, McHugh, McManus, Moran, Petrarca, Reilly, Savage, Story, Trillo, Watson.

The remainder of Article 9 prevails, on a roll call vote, 63 members voting in the affirmative and 2 members voting in the negative as follows:

YEAS — 63: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Brien, Callahan, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Naughton, Picard, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 2: Representatives Caprio, Petrarca.

Representative Reilly requests the journal to reflect that if he had voted on Article 9, he would have voted in the affirmative.

There is no objection.

 

ARTICLE 30

RELATING TO THE SELECT COMMISSION ON RACE AND POLICE — COMMUNITY RELATIONS ACT

Representative Costantino moves passage of the article, seconded by Representatives Williams, Fox, Reilly and Almeida.

By unanimous consent, Representative Almeida, seconded by Representatives Brien, Moran, Kilmartin, Rose, Dennigan, Williams and Ajello, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

In Article 30, page 3, between lines 15 and 16, by inserting the following new subsection after the word "relations".

"(g) To assist the select commission in its duties pursuant to subsection (f), all police departments shall submit to the select commission an annual basis beginning on January 15, 2004, and for three (3) years thereafter, a report indicating what action, if any has been taken, to address any racial disparities in traffic stops and/or searches documented in the study authorized by section 31-21.1-4, and to otherwise implement any recommendations of that study. The reports shall be public records."

Respectfully submitted,

JOSEPH S. ALMEIDA

Representative, District 12

The motion to amend is read and prevails 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, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Montanaro, Moran, Moura, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Sherlock, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Williams, Williamson, Winfield.

NAYS — 0.

The article is read and prevails, as amended, on a roll call vote, 64 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 64: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Sherlock, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Williams, Williamson, Winfield.

NAYS — 0.

 

RECESS

At 5:45 o’clock P.M. the Honorable Speaker declares the House to be in recess.

 

ORDER

At 7:26 o’clock P.M. the Honorable Speaker calls the House to order.

 

CALENDAR

NEW ARTICLES

By unanimous consent, Representative Watson for Representative Gorham, seconded by Representatives Trillo, Callahan, Story, Gorham and McManus, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" by adding thereto the following new Article:

"Article _____

SECTION 1. Section 8-3-15 of the General Laws in Chapter 8-3 entitled "Justices of Supreme, Superior, and Family Courts" is hereby amended to read as follows:

8-3-15. Cost of living allowance. — (a) All justices of the supreme court, superior court, family court, or district court, or their surviving spouses, who retire after January 1, 1970 and who receive a retirement allowance pursuant to the provisions of this title shall, on the first day of January next following the third anniversary date of retirement, receive a cost-of-living retirement adjustment in addition to his or her retirement allowance in an amount equal to three percent (3%) of the original retirement allowance. In each succeeding year thereafter during the month of January, the retirement allowance shall be increased an additional three percent (3%) of the original allowance, not compounded, to be continued during the lifetime of the justice or his or her surviving spouse. For the purpose of such computation, credit shall be given for a full calendar year regardless of the effective date of the retirement allowance. Notwithstanding any other provision of the law, for justices of the supreme court, superior court, family court, or district court, or their surviving spouses retiring on or after January 1, 2004, the cost-of-living adjustment shall be computed and paid at the rate of three percent (3%), or at a rate equal to the total percentage increase in the Consumer Price Index for all Urban Consumers (CPI-U) published by the United States Department of Labor Bureau of Labor Statistics for the Northeast Region for the previous calendar year, whichever rate is lower; provided, however, that said cost-of-living adjustment shall be paid and computed at a rate not lower than one and one-half percent (1 ½%).

(b) Any justice who retired prior to January 31, 1977 shall be deemed for the purpose of this section to have retired on January 1, 1977.

SECTION 2. Section 8-8.2-12 of the General Laws in Chapter 8-8.2 entitled "Traffic tribunal" is hereby amended to read as follows:

8-8.2-12. Additional benefits payable to retired judges and their surviving spouses. — (a) All judges of the administrative adjudication court and all judges of the administrative adjudication court who have been reassigned to the traffic tribunal, or their surviving spouses, who retire after January 1, 1970 and who receive a retirement allowance pursuant to the provisions of this title, shall, on the first day of January, next following the third anniversary of the retirement, receive a cost of living retirement adjustment in addition to his or her retirement allowance in an amount equal to three percent (3%) of the original retirement allowance. In each succeeding year thereafter during the month of January, the retirement allowance shall be increased an additional three percent (3%) of the original allowance, compounded annually from the year cost of living adjustment was first payable to be continued during the lifetime of the judge or his or her surviving spouse. For the purpose of such computation, credit shall be given for a full calendar year regardless of the effective date of the retirement allowance. Notwithstanding any other provision of the law, for justices of the supreme court, superior court, family court, or district court, or their surviving spouses retiring on or after January 1, 2004, the cost-of-living adjustment shall be computed and paid at the rate of three percent (3%), or at a rate equal to the total percentage increase in the Consumer Price Index for all Urban Consumers (CPI-U) published by the United States Department of Labor Bureau of Labor Statistics for the Northeast Region for the previous calendar year, whichever rate is lower; provided, however, that said cost-of-living adjustment shall be paid and computed at a rate not lower than one and one-half percent (1 ½%).

(b) Any judge who retired prior to January 31, 1980, shall be deemed for the purpose of this section to have retired on January 1, 1980.

SECTION 3. Section 16-16-40 of the General Laws in Chapter 16-16 entitled "Teachers’ Retirement" is hereby amended to read as follows:

16-16-40. Additional benefits payable to retired teachers. — (a) All teachers and all beneficiaries of teachers receiving any service retirement or ordinary disability retirement allowance pursuant to the provisions of this chapter and chapter 17 of this title, on or before December 31, 1967, shall receive a cost of living retirement adjustment equal to one and one-half percent (1.5%) per year of the original retirement allowance, not compounded, for each year the retirement allowance has been in effect. For purposes of computation credit shall be given for a full calendar year regardless of the effective date of the retirement allowance. This cost of living retirement adjustment shall be added to the amount of the service retirement allowance as of January 1, 1970, and payment shall begin as of July 1, 1970. An additional cost of living retirement adjustment shall be added to the original retirement allowance equal to three percent (3%) of the original retirement allowance on the first day of January, 1971, and each year thereafter through December 31, 1980.

(b) All teachers and beneficiaries of teachers receiving any service retirement or ordinary disability retirement allowance pursuant to the provisions of this title who retired on or after January 1, 1968, shall, on the first day of January, next following the third (3rd) year on retirement, receive a cost of living adjustment, in addition to his or her retirement allowance, an amount equal to three percent (3%) of the original retirement allowance. In each succeeding year thereafter, on the first day of January, the retirement allowance shall be increased an additional three percent (3%) of the original retirement allowance, not compounded, to be continued through December 31, 1980.

(c) (1) Beginning on January 1, 1981, the cost of living adjustment shall be computed and paid at the rate of three percent (3%) of the original retirement allowance or the retirement allowance as computed in accordance with section 16-16-40.1, compounded annually from the year for which the cost of living adjustment was determined to be payable by the retirement board pursuant to the provisions of subsection (a) or (b) of this section. Notwithstanding any other provision of the law, for teachers and beneficiaries of teachers retiring on or after January 1, 2004, the cost-of-living adjustment shall be computed and paid at the rate of three percent (3%), or at a rate equal to the total percentage increase in the Consumer Price Index for all Urban Consumers (CPI-U) published by the United States Department of Labor Bureau of Labor Statistics for the Northeast Region for the previous calendar year, whichever rate is lower; provided, however, that said cost-of-living adjustment shall be paid and computed at a rate not lower than one and one-half percent (1 ½%).

(2) The provisions of this subsection shall be deemed to apply prospectively only and no retroactive payment shall be made.

(d) The provisions of sections 45-13-7 through 45-13-10 shall not apply to this section.

SECTION 4. Section 28-30-18 of the General Laws in Chapter 28-30 entitled "Workers’ Compensation Court" is hereby amended to read as follows:

28-30-18. Additional benefits payable to retired judges and their surviving spouses. — (a) All judges of the workers’ compensation court, or their surviving spouses, who retire after January 1, 1970, and who receive a retirement allowance pursuant to this title, shall, on the first day of January next following the third anniversary date of their retirement, receive a cost of living retirement adjustment in addition to his or her retirement allowance in an amount equal to three percent (3%) of the original retirement allowance. In each succeeding year thereafter during the month of January the retirement allowance will be increased an additional three percent (3%) of the original allowance, compounded annually from the year the cost of living adjustment was first payable to be continued during the lifetime of that judge or his or her surviving spouse. For the purpose of that computation, credit will be given for a full calendar year regardless of the effective date of the retirement allowance. Notwithstanding any other provision of the law, for judges of the workers’ compensation court, or their surviving spouses retiring on or after January 1, 2004, the cost-of-living adjustment shall be computed and paid at the rate of three percent (3%), or at a rate equal to the total percentage increase in the Consumer Price Index for all Urban Consumers (CPI-U) published by the United States Department of Labor Bureau of Labor Statistics for the Northeast Region for the previous calendar year, whichever rate is lower; provided, however, that said cost-of-living adjustment shall be paid and computed at a rate not lower than one and one-half percent (1 ½%).

(b) Any judge who retired prior to January 31, 1980, is deemed for the purpose of this section to have retired on January 1, 1980.

SECTION 5. Section 36-10-35 of the General Laws in Chapter 36-10 entitled "Retirement System-Contributions and Benefits" is hereby amended to read as follows:

36-10-35. Additional benefits payable to retired employees. — (a) All state employees and all beneficiaries of state employees receiving any service retirement or ordinary or accidental disability retirement allowance pursuant to the provisions of this title on or before December 31, 1967, shall receive a cost of living retirement adjustment equal to one and one-half percent (1.5%) per year of the original retirement allowance, not compounded, for each calendar year the retirement allowance has been in effect. For the purposes of computation, credit shall be given for a full calendar year regardless of the effective date of the retirement allowance. This cost of living adjustment shall be added to the amount of the retirement allowance as of January 1, 1968, and an additional one and one-half percent (1.5%) shall be added to the original retirement allowance in each succeeding year during the month of January, and provided further, that this additional cost of living increase shall be three percent (3%) for the year beginning January 1, 1971, and each year thereafter, through December 31, 1980. Notwithstanding any of the above provisions, no employee receiving any service retirement allowance pursuant to the provisions of this title on or before December 31, 1967, or the employee’s beneficiary, shall receive any additional benefit hereunder in an amount less than two hundred dollars ($200) per year over the service retirement allowance where the employee retired prior to January 1, 1958.

(b) All state employees and all beneficiaries of state employees retired on or after January 1, 1968, who are receiving any service retirement or ordinary or accidental disability retirement allowance pursuant to the provisions of this title shall, on the first day of January next following the third anniversary date of the retirement, receive a cost of living retirement adjustment, in addition to his or her retirement allowance, in an amount equal to three percent (3%) of the original retirement allowance. In each succeeding year thereafter through December 31, 1980, during the month of January, the retirement allowance shall be increased an additional three percent (3%) of the original retirement allowance, not compounded, to be continued during the lifetime of the employee or beneficiary. For the purposes of computation, credit shall be given for a full calendar year regardless of the effective date of the service retirement allowance.

(c) (1) Beginning on January 1, 1981, the cost of living adjustment shall be computed and paid at the rate of three percent (3%) of the original retirement allowance or the retirement allowance as computed in accordance with section 36-10-35.1, compounded annually from the year for which the cost of living adjustment was determined to be payable by the retirement board pursuant to the provisions of subsection (a) or (b) of this section. Notwithstanding any other provision of the law, for state employees and all beneficiaries of state employees retiring on or after January 1, 2004, the cost-of-living adjustment shall be computed and paid at the rate of three percent (3%), or at a rate equal to the total percentage increase in the Consumer Price Index for all Urban Consumers (CPI-U) published by the United States Department of Labor Bureau of Labor Statistics for the Northeast Region for the previous calendar year, whichever rate is lower; provided, however, that said cost-of-living adjustment shall be paid and computed at a rate not lower than one and one-half percent (1 ½%).

(2) The provisions of this subsection shall be deemed to apply prospectively only and no retroactive payment shall be made.

(d) All legislators and all beneficiaries of legislators who are receiving a retirement allowance pursuant to the provisions of section 36-10-9.1 for a period of three (3) or more years, shall, commencing January 1, 1982, receive a cost of living retirement adjustment, in addition to a retirement allowance, in an amount equal to three percent (3%) of the original retirement allowance. In each succeeding year thereafter during the month of January, the retirement allowance shall be increased an additional three percent (3%) of the original retirement allowance, compounded annually, to be continued during the lifetime of the legislator or beneficiary. For the purposes of computation, credit shall be given for a full calendar year regardless of the effective date of the service retirement allowance. Notwithstanding any other provision of the law, for legislators and all beneficiaries of legislators, retiring on or after January 1, 2004, the cost-of-living adjustment shall be computed and paid at the rate of three percent (3%), or at a rate equal to the total percentage increase in the Consumer Price Index for all Urban Consumers (CPI-U) published by the United States Department of Labor Bureau of Labor Statistics for the Northeast Region for the previous calendar year, whichever rate is lower; provided, however, that said cost-of-living adjustment shall be paid and computed at a rate not lower than one and one-half percent (1 ½%).

(e) The provisions of sections 45-13-7 — 45-13-10 shall not apply to this section.

SECTION 6. This article shall take effect on July 1, 2003."

Respectfully submitted,

NICHOLAS GORHAM

Representative, District 40

The motion to amend is read and fails of passage on a roll call vote, 12 members voting in the affirmative and 56 members voting in the negative as follows:

YEAS — 12: Representatives Amaral, Benson, Callahan, Enos, Gorham, Long, McManus, Moffitt, Mumford, Story, Trillo, Watson.

NAYS — 56: The Honorable Speaker Murphy and Representatives Almeida, Anguilla, Aubin, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Flaherty, Fox, Gallison, Giannini, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, McCauley, McHugh, McNamara, Menard, Montanaro, Moran, Moura, Naughton, Palumbo, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Tejada, Voccola, Wasylyk, Williams, Williamson, Winfield.

 

By unanimous consent, Representative Trillo for Representative Watson, seconded by Representatives Watson and Fox, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" by adding thereto the following new Article:

"ARTICLE 45

SECTION 1. Title 35 of the General Laws entitled "Public Finance" is hereby amended by adding thereto the following chapter:

CHAPTER 21

RECEIPT OF TAXES, FEES, AND OTHER PAYMENTS BY CREDIT CARD

35-21-1. Credit card payments on amounts due state and local governments. - - (a) Notwithstanding any other provision of general law to the contrary, any department or agency as defined in chapter 35-1 herein or other unit of state or local government delineated in this section, which is required or authorized to receive or collect any payments to state government, may be authorized, but not required, to accept credit card payments of such amounts and in such manner as may be prescribed or limited by this chapter. Any such department, agency or other governmental unit receiving approval from the director of the department of administration pursuant to this chapter shall be known as an "authorized department or agency."

(b) Subject to the provisions of this chapter, the director of the department of administration shall establish procedures, in consultation with the state controller and general treasurer, by which: (i) a department, agency or other governmental unit may be approved as an authorized department or agency; (ii) specific fees, charges, taxes, tuition or other payments to state or local government may be approved for payment by credit card by an authorized department or agency; and (iii) the manner of acceptance of credit card payments is established. Factors which may be considered in making such determinations or establishing such procedures may include, but are not necessarily limited to, improved governmental cash flow, reduction of governmental overhead costs, improved governmental financial security, the benefit of increased public convenience or a combination of one or more of the foregoing.

(c) For purposes of this section, the term "credit card" shall be deemed to include credit cards, charge cards, debit cards, electronic funds transfers or similar means of automatic transmission of funds.

(d) The state controller and general treasurer are jointly authorized to enter into appropriate agreements with credit card issuers, financial institutions or other appropriate parties as needed to facilitate the acceptance of credit card payments pursuant to this chapter. Without limiting the generality of the foregoing, such agreements may provide for the acceptance of credit card payments at a discount from their face amount or the payment or the payment or withholding of administrative fees from the face amount of such payments, provided such payment or discount does not exceed a commercially reasonable percentage of the face amount of such payment as may be determined by the state controller and general treasurer. Any such agreement shall provide that it may be canceled at any time, but the agreement may include provisions for a reasonable brief period of notice for cancellation.

(e) No person making any payment by credit card shall be relieved from liability for the underlying obligation except to the extent that the state realizes final payment of the underlying obligation in cash or the equivalent. If final payment is not made by the credit card issuer or other guarantor of payment in the credit card transaction, then the underlying obligation shall survive and the state shall retain all remedies for enforcement which would have applied if the credit card transaction had not occurred. No contract may modify the provisions of this subsection. This subsection, however, shall not make the underlying obligor liable for any discount or administrative fees paid to the credit card issuer or other party by the state, except with child support payments. Credit cards shall only be accepted for child support payments if a means is established to ensure that the full amount of the child support payment made by credit card is received by the recipient and that state revenue is not used to pay any fee charged by the credit card company for the child support payment.

(f) A state officer or employee who accepts a credit card payment in accordance with this section and any applicable procedures, policies, rules, or regulations of the state shall not thereby incur any personal liability for the final collection of such payments.

(g) This section shall be broadly construed to authorize, but not require, acceptance of credit card payments by authorized departments or agencies. The decision as to whether to utilize credit card payments for any particular type of payment may be made by the authorized department or agency, subject to this chapter.

(h) Credit card account numbers in the possession of a state or local government are confidential and shall not be deemed public records.

SECTION 2. Upon approval of the Division of Motor Vehicles pursuant to this chapter, sections 6-15, of title 31 of the General laws is hereby repealed.

SECTION 3. This article shall take effect upon passage."

Respectfully submitted,

JOSEPH A. TRILLO

Representative, District 24

Representatives Fox, Corvese, Lally, Trillo, Montanaro, McNamara, Callahan and Wasylyk discuss the amendment.

The motion to amend is read and prevails on a roll call vote, 55 members voting in the affirmative and 8 members voting in the negative as follows:

YEAS — 55: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coogan, Crowley, Dennigan, DeSimone, Enos, Fox, Gallison, Giannini, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Landroche, Lewiss, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Moffitt, Mumford, Naughton, Palumbo, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Wasylyk, Williamson, Winfield.

NAYS — 8: Representatives Corvese, Flaherty, Lally, Lima, Menard, Montanaro, Moran, Voccola.

Representative Watson requests the journal to reflect that if he had voted on the last amendment, he would have voted in the affirmative.

There is no objection.

 

By unanimous consent, Representative Gorham, seconded by Representatives Callahan and Story, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" by adding thereto the following new Article:

"Article ____

SECTION 1. Section 16-16-22 of the General Laws in Chapter 16-16 entitled "Teachers’ Retirement" is hereby amended to read as follows:

16-16-22. Contributions to state system. — (a) Each member who earns sixty-five thousand dollars ($65,000) ($75,000) per year or more shall contribute into the system nine eleven and one-half percent (9.5%) (11.5%) of compensation as his or her share of the cost of annuities, benefits, and allowances. Each member who earns less than sixty-five thousand dollars ($65,000) ($75,000) per year shall contribute into the system nine and one-half percent (9.5%) of compensation as his or her share of the cost of annuities, benefits and allowances. The employer contribution on behalf of teacher members of the system shall be in an amount that will pay a rate percent of the compensation paid to the members, according to the method of financing prescribed in the State Retirement Act in chapters 8 — 10 of title 36. This amount shall be paid by the state, and sixty percent (60%) by the city, town, local educational agency, or any formalized commissioner approved cooperative service arrangement by whom the teacher members are employed, with the exception of teachers who work in federally funded projects. Provided, however, that the rate percent paid shall be rounded to the nearest hundredth of one percent (.01%).

(b) The employer contribution on behalf of teacher members of the system who work in fully or partially federally funded programs shall be prorated in accordance with the share of the contribution paid from the funds of the federal, city, town, or local educational agency, or any formalized commissioner approved cooperative service arrangement by whom the teacher members are approved.

(c) In case of the failure of any city, town, or local educational agency, or any formalized commissioner approved cooperative service arrangement to pay to the state retirement system the amounts due from it under this section within the time prescribed, the general treasurer is authorized to deduct the amount from any money due the city, town, or local educational agency from the state.

(d) The employer’s contribution shared by the state shall be paid in the amounts prescribed in this section for the city, town, or local educational agency and under the same payment schedule. Notwithstanding any other provisions of this chapter, the city, town, or local educational agency or any formalized commissioner approved cooperative service arrangement shall remit to the general treasurer of the state the local employer’s share of the teacher’s retirement payments on a monthly basis, payable by the fifteenth (15th) of the following month. The general treasurer, upon receipt of the local employer’s share, shall effect transfer of a matching amount of money from the state funds appropriated for this purpose by the general assembly into the retirement fund.

(e) This section is not subject to sections 45-13-7 through 45-13-10.

SECTION 2. Section 36-10-1 of the General Laws in Chapter 36-10 entitled "Retirement System-Contributions and Benefits" is hereby amended to read as follows:

36-10-1. Member contributions — Deduction from compensation. — (a) Each member of the retirement system who earns sixty-five thousand dollars ($65,000) ($75,000) per year or more shall contribute an amount equal to eight ten and one-half percent (8.5%) (10.5%) of his or her compensation as his or her share of the cost of annuities, benefits, and allowances;. Each member who earns less than sixty-five thousand dollars ($65,000) ($75,000) per year shall contribute an amount equal to eight and one-half percent (8.5%) of compensation as his or her share of the cost of annuities, benefits and allowances; provided, however, that each member will also initially contribute one eighth of one percent (0.125%) in the fiscal year beginning July 1, 1989, and one eighth of one percent (0.125%) in the fiscal year beginning July 1, 1990. Any contributions made by employees prior to July 1, 1990, for the purpose of providing health benefits to retirees as provided in section 36-12-4 shall be transferred to each employee’s retirement annuity account. Every person being a member of the general assembly and electing to participate in the benefits provided by chapters 8 — 10 of this title, in accordance with the provisions of section 36-9-6, shall contribute an amount equal to thirty percent (30%) of his or her compensation. The contributions shall be made in the form of deductions from compensation.

(b) The deductions provided for herein shall be made notwithstanding that the minimum compensation provided by law for any member shall be reduced thereby. Every member shall be deemed to consent and agree to the deductions made and provided for herein and shall receipt for his or her full compensation and payment of compensation, less the deductions, shall be a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by the person during the period covered by the payment except as to the benefit provided under this chapter.

SECTION 3. This article shall take effect on July 1, 2003."

Respectfully submitted,

NICHOLAS GORHAM

Representative, District 40

Representative Gorham offers an oral amendment, seconded by Representative Callahan.

The oral amendment is read and prevails on a roll call vote, 41 members voting in the affirmative and 25 members voting in the negative as follows:

YEAS — 41: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Callahan, Cerra, Coogan, Corvese, Costantino, Fox, Gallison, Giannini, Gorham, Handy, Kennedy, Kilmartin, Lally, Lewiss, Long, Lowe, McManus, McNamara, Moffitt, Montanaro, Mumford, Naughton, Palumbo, Petrarca, Reilly, Rose, San Bento, Savage, Schadone, Shavers, Story, Trillo, Voccola, Watson, Williams, Williamson.

NAYS — 25: Representatives Aubin, Brien, Caprio, Carter, Coderre, Crowley, Dennigan, DeSimone, Enos, Flaherty, Jacquard, Landroche, Laroche, Lima, Malik, McCauley, McHugh, Menard, Moran, Moura, Shanley, Sherlock, Smith, Tejada, Wasylyk.

Representatives Gorham, Smith and Watson discuss the amendment.

Representative San Bento rises on a point of order for Representative Gorham to speak germane to the amendment.

The Honorable Speaker rules for Representative Gorham to speak germane to the amendment.

Representatives Lima, McManus, Trillo and Montanaro discuss the amendment.

Representative Crowley moves to lay the motion on the table.

The motion prevails on a roll call vote, 57 members voting in the affirmative and 12 members voting in the negative as follows:

YEAS — 57: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Anguilla, Aubin, Benson, Brien, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Malik, McCauley, McHugh, McNamara, Menard, Montanaro, Moran, Moura, Naughton, Palumbo, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Tejada, Voccola, Wasylyk, Williams, Williamson, Winfield.

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

 

By unanimous consent, Representative Amaral, seconded by Representatives Callahan and Savage, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" by adding thereto the following new Article:

"ARTICLE______

SECTION 1. Section 44-33-9 of the General Laws in Chapter 44-33 entitled "Property Tax Relief" is hereby amended to read as follows:

44-33-9. Computation of credit. — The amount of any claim made pursuant to this chapter is determined as follows: (1) For any taxable year, a claimant is entitled to a credit against his or her tax liability equal to the amount by which the property taxes accrued or rent constituting property taxes accrued upon the claimant’s homestead for the taxable year exceeds a certain percentage of the claimant’s total household income for that taxable year, which percentage is based upon income level and household size. The credit is computed in accordance with the following table.

Income Range 1 Person 2 or More Persons

less than $6000 3% 3%

$6001-9000 4% 4% $9001-12000 5% 5% $12001-15000 6% 5% $15001-30000 35000 6% 6%

(2) The maximum amount of the credit granted under this chapter will be as follows:

Year Credit Maximum Commencing July 1977 $ 55.00 Commencing July 1978 $150.00 Commencing July 1979 $175.00 Commencing July 1980 $200.00 Commencing on July 1997 $250.00 and subsequent years Commencing on July 2004 $300.00

SECTION 2. This Article shall take effect upon passage.

In Article 10, page 2, between lines 25 and 26, by adding the following language:

"(5) Two million nine hundred thousand dollars ($2,900,000) for the purposes of the computation of credit for property tax relief as set forth in section 44-33-9, which sum shall be deducted from the division of revenue pursuant to subsection (a)(3) of this section."

Respectfully submitted,

JOSEPH N. AMARAL

Representative, District 70

Representatives Long, Moura, Amaral, Menard, Anguilla and Sherlock discuss the amendment.

The motion to amend is read and fails of passage on a roll call vote, 13 members voting in the affirmative and 54 members voting in the negative as follows:

YEAS — 13: Representatives Amaral, Callahan, Enos, Gorham, Lewiss, Long, McManus, Moffitt, Mumford, Savage, Story, Trillo, Watson.

NAYS — 54: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Flaherty, Fox, Gallison, Giannini, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lima, Lowe, Malik, McCauley, McHugh, McNamara, Menard, Montanaro, Moran, Moura, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Schadone, Shanley, Shavers, Sherlock, Smith, Tejada, Voccola, Williams, Williamson, Winfield.

 

By unanimous consent, Representative Handy, seconded by Representatives Carter, Ajello and McNamara, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

"Article ____

Relating to Business Corporation Tax

SECTION 1. Section 44-11-11 of the General Laws in Chapter 44-11 entitled "Business Corporation Tax" is hereby amended to read as follows:

44-11-11. "Net income" defined. — (a) (1) "Net income" means for any taxable year and for any corporate taxpayer, the taxable income of the taxpayer for that taxable year under the laws of the United States, plus (i) any interest not included in the taxable income, (ii) any specific exemptions, and (iii) the tax imposed by this chapter ,and (iv) any deductions required to be added back to net income under the provisions of paragraph (e) of this section, and minus (iv)(v) interest on obligations of the United States or its possessions, and other interest exempt from taxation by this state, and (v)(vi) the federal net operating loss deduction.

(2) All binding federal elections made by or on behalf of the taxpayer applicable either directly or indirectly to the determination of taxable income shall be binding on the taxpayer except where this chapter or its attendant regulations specifically modify or provide otherwise. However, Rhode Island taxable income shall not include the "grossup of dividends" required by the federal Internal Revenue Code to be taken into taxable income in connection with the taxpayer’s election of the foreign tax credit.

(b) A net operating loss deduction shall be allowed which shall be the same as the net operating loss deduction allowed under 26 U.S.C. section 172, except that: (1) any net operating loss included in determining the deduction shall be adjusted to reflect the inclusions and exclusions from entire net income required by subsection (a) and section 44-11-11.1, (2) the deduction shall not include any net operating loss sustained during any taxable year in which the taxpayer was not subject to the tax imposed by this chapter, and (3) the deduction shall not exceed the deduction for the taxable year allowable under 26 U.S.C. section 172; provided, that the deduction for a taxable year may not be carried back to any other taxable year for Rhode Island purposes but shall only be allowable on a carry forward basis for the five (5) succeeding taxable years.

(c) Domestic international sales corporations, referred to as DISCs, for the purposes of this chapter, will be treated as they are under federal income tax law and shall not pay the amount of the tax computed under section 44-11-2(a). Any income to shareholders of DISCs is to be treated in the same manner as it is treated under federal income tax law as it exists on December 31, 1984.

(d) A corporation which qualifies as a foreign sales corporation (FSC) under the provisions of subchapter N, 26 U.S.C. section 861 et seq., and which has in effect for the entire taxable year a valid election under federal law to be treated as a FSC, shall not pay the amount of the tax computed under section 44-11-2(a). Any income to shareholders of FSCs is to be treated in the same manner as it is treated under federal income tax law as it exists on January 1, 1985.

(e) As used in this section:

(1) "Affiliated group" has the same meaning as in section 1504 of the Internal Revenue Code.

(2) "Intangible expenses and costs" includes: (A) expenses, losses and costs for, related to, or in connection directly or indirectly with the direct or indirect acquisition, use, maintenance or management, ownership, sale, exchange, or any other disposition of intangible property to the extent such amounts are allowed as deductions or costs in determining taxable income before operating loss deduction and special deductions for the taxable year under the Internal Revenue Code; (B) losses related to or incurred in connection directly or indirectly with factoring transactions or discounting transactions; (C) royalty, patent, technical and copyright fees; (D) licensing fees; and (E) other similar expenses and costs.

(3) "Intangible property" means patents, patent applications, trade names, trademarks, service marks, copyrights and similar types of intangible assets.

(4) "Interest expenses and costs" means amounts directly or indirectly allowed as deductions under section 163 of the Internal Revenue Code for purposes of determining taxable income under the Internal Revenue Code to the extent such expenses and costs are directly or indirectly for, related to, or in connection with the direct or indirect acquisition, maintenance, management, ownership, sale, exchange or disposition of intangible property.

(5) "Related member" means a person that, with respect to the taxpayer during all or any portion of the taxable year, is a related entity, as defined in this subsection, a component member as defined in section 1563(b) of the Internal Revenue Code, or is a person to or from whom there is attribution of stock ownership in accordance with section 1563(e) of the Internal Revenue Code.

(6) "Related entity" means: (A) a stockholder who is an individual, or a member of the stockholder’s family enumerated in section 318 of the Internal Revenue Code, if the stockholder and the members of the stockholder’s family own directly, indirectly, beneficially or constructively, in the aggregate, at least fifty percent (50%) of the value of the taxpayer’s outstanding stock; (B) a stockholder, or a stockholder’s partnership, limited liability company, estate, trust or corporation, if the stockholder and the stockholder’s partnership, limited liability companies, estates, trusts and corporations own directly, indirectly, beneficially or constructively, in the aggregate, at least fifty percent (50%) of the value of the taxpayer’s outstanding stock; or (C) a corporation, or a party related to the corporation in a manner that would require an attribution of stock from the corporation to the party or from the party to the corporation under the attribution rules of section 318 of the Internal Revenue Code, if the taxpayer owns, directly, indirectly, beneficially or constructively, at least fifty percent (50%) of the value of the corporation’s outstanding stock. The attribution rules on section 318 of the Internal Revenue Code shall apply for purposes of determining whether the ownership requirements of this subdivision have been met.

(f) For purposes of computing its net income under this section, a corporation shall add back otherwise deductible interest expenses and costs and intangible expenses and costs directly or indirectly paid, accrued or incurred to, or in connection directly or indirectly with one or more direct or indirect transactions with, one or more related members.

(1) The adjustments required in subsection (b) of this section shall not apply if the corporation establishes by clear and convincing evidence that the adjustments are unreasonable, as determined by the tax administrator or the corporation and the tax administrator agree in writing to the application or use of an alternative method of apportionment under section 44-11-15. Nothing in this subsection shall be construed to the limit or negate the tax administrator’s authority to otherwise enter into agreements and compromises otherwise allowed by law.

(2) The adjustments required in subsection (b) of this section shall not apply to such portion of interest expenses and costs and intangible expenses and costs that the corporation can establish by the preponderance of the evidence meets both of the following: (A) the related member during the same income year directly or indirectly paid, accrued or incurred such portion to a person who is not a related member; and (B) the transaction giving rise to the interest expenses and costs or the intangible expenses and costs between the corporation and the related member did not have as a significant purpose the avoidance of any portion of the tax due under chapter 44-11.

(g) Nothing in this section shall require a corporation to add to its net income more than once any amount of interest expenses and costs or intangible expenses and costs that the corporation pays, accrues or incurs to a related member described in subsection (b) of this section.

(h) Nothing in this section shall be construed to limit or negate the commissioner’s authority to make adjustments under section 44-11-15.

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

Respectfully submitted,

ARTHUR HANDY

Representative, District 18

Representative Costantino discusses the amendment.

The motion to amend is read and fails of passage on a roll call vote, 14 members voting in the affirmative and 48 members voting in the negative as follows:

YEAS — 14: Representatives Ajello, Almeida, Aubin, Benson, Callahan, Dennigan, Gorham, Handy, McNamara, Moffitt, Rose, Wasylyk, Watson, Williams.

NAYS — 48: The Honorable Speaker Murphy and Representatives Amaral, Anguilla, Brien, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lima, Lowe, Malik, McCauley, McHugh, McManus, Montanaro, Moran, Mumford, Naughton, Palumbo, Petrarca, Picard, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Williamson, Winfield.

Representative Long requests the journal to reflect that if he had voted on the last amendment, he would have voted in the affirmative.

There is no objection.

Representative Reilly requests the journal to reflect that if he had voted on the last amendment, he would have voted in the negative.

There is no objection.

 

By unanimous consent, Representative Costantino, seconded by Representatives Fox, Ajello, Montanaro, Smith, Wasylyk, Giannini, Sherlock, Carter, Lima, Tejada, Moura and the rest of the Providence delegation, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" by adding thereto the following new Article:

"ARTICLE 20

SECTION 1. Section 29-6-2 of the General Laws in Chapter 29-6 entitled "State Aid to Libraries" is hereby amended to read as follows:

29-6-2. Public library services. — For each city or town, the state’s share to support local public library services shall be equal to at least twenty-five percent (25%) of the amount appropriated and expended in the second preceding fiscal year by the city or town from local tax revenues and as to only the Providence public library, funds from the Providence public library’s endowment that supplement the municipal appropriation; provided, however, that as to Providence public library, the state in any year shall not be obligated to match any amount from the Providence public library’s endowment that exceeds six percent (6%) of the three (3) year average market value, calculated at the end of the calendar year, of the investments in the endowment. The amount of the grant payable to each municipality in any year in accordance with this section shall be reduced proportionately in the event that the total of those grants in any year exceeds the amount appropriated that year for the purposes of this section.

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

Respectfully submitted,

STEVEN M. COSTANTINO

Representative, District 8

Representatives Trillo and Costantino discuss the amendment.

The motion to amend is read and prevails on a roll call vote, 67 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 67: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, 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, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson.

NAYS — 0.

 

By unanimous consent, Representative Costantino, seconded by Representatives Shavers, Cerra, Naughton, Reilly, Malik, Palumbo, Fox, Gallison, Aubin, Benson, Lima, Giannini, Petrarca, McHugh, Carter, Rose, Handy, San Bento, Kennedy, Coderre, Moffitt, Savage, Story, Long, Montanaro, Kilmartin, Enos and Corvese, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" by adding thereto the following new Article:

"ARTICLE 44

SECTION 1. Section 30-24-10 of the General Laws in Chapter 30-24 entitled "Rhode Island Veterans’ Home" is hereby amended to read as follows:

30-24-10. Admissible to home — Fees. — (a) Any person who has served in the army, navy, marine corps, coast guard, or air force of the United States for a period of ninety (90) days or more and that period began or ended during any foreign war in which the United States shall have been engaged or in any expedition or campaign for which the United States government issues a campaign medal, and who was honorably discharged from it, and who shall be deemed to be in need of care provided at the Rhode Island veterans’ home, may be admitted to that facility subject to such rules and regulations as shall be adopted by the director of human services to govern the admission of applicants to the facility. Any person who has served in the armed forces of the United States designated herein and otherwise qualified, who has served less than the ninety-day period described in this section, and who was honorably discharged from service, and who, as a result of the service, acquired a service-connected disability or disease, may be admitted. No person shall be admitted to the facility unless the person has been accredited to the enlistment or induction quota of the state or has resided in the state for at least two (2) consecutive years next prior to the date of the application for admission to the facility.

(b) (1) The director shall, at the end of each fiscal year, determine the net per diem expenses of maintenance of residents in the facility and shall assess against each resident who has "net income", as defined in this section, a fee equal to ninety percent (90%) of the resident’s net income, provided that fee shall not exceed the actual cost of care and maintenance for the resident; and provided that an amount equal to twenty percent (20%) of the maintenance fee assessed shall be allocated to and deposited in the veterans’ restricted account. For the purposes of this section, "net income" is defined as gross income minus applicable federal and state taxes and minus:

(i) An amount equal to one hundred sixteen one hundred fifty dollars ($116) ($150) per month of residency and fifty percent (50%) of any sum received due to wounds incurred under battle conditions for which the resident received the purple heart; and

(ii) The amount paid by a resident for the support and maintenance of his or her spouse, parent(s), minor child(ren), or child(ren) who is/are blind or permanently and totally disabled as defined in title XVI of the Federal Social Security Act, 42 U.S.C. 1381 — 1383d, subject to a maximum amount to be determined by rules and regulations as shall be adopted by the director.

(2) The fees shall be paid monthly to the home and any failure to make payment when due shall be cause for dismissal from the facility. Prior to dismissal, the resident shall be afforded administrative due process.

(c) Admissions to the veterans’ home shall be made without discrimination as to race, color, national origin, religion, sex, disability, assets, or income.

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

Respectfully submitted,

STEVEN M. COSTANTINO

Representative, District 8

Representatives Gallison and Long discuss the amendment.

The motion to amend is read and prevails on a roll call vote, 68 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 68: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, 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, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

ARTICLE 10

RELATING TO VIDEO LOTTERY TERMINALS

Representative Costantino moves passage of the article, seconded by Representative Lima.

By unanimous consent, Representative Costantino, seconded by Representatives Malik, Sherlock, Fox, Crowley, Carter, Lima, Flaherty and San Bento, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

(1) In Article 10, page 1, line 13, by striking the language "twenty-seven percent (27%)" and inserting in place thereof the following: "(a) Lincoln Greyhound Park – twenty-seven percent (27%); (b) Newport Jai Alai – twenty-six percent (26%);"

(2) In Article 10, page 1, line 24, after the figure "(4)" by inserting the letter "(i)".

(3) In Article 10, page 1, line 26, by deleting all of the language following the word "terminals".

(4) In Article 10, page 1, by deleting line 27 in its entirety.

(5) In Article 10, page 1, line 28, by deleting the words "communications system".

(6) In Article 10, page 2, after line 4, by inserting the following language:

"(ii) To contractors who are a party to the Master Contract as set forth and referenced in Public Law 2003, Chapter 32, all sums due and payable under said Master Contract."

(7) In Article 10, page 2, by inserting the following language between lines 25 and 26:

"SECTION 2. Section 41-7-3 of the General Laws in Chapter 41-7 entitled "Jai Alai" is hereby amended to read as follows:

41-7-3. Regulation of operations — Licensing. — (a) The division of racing and athletics is hereby authorized to license jai alai in the city of Newport. The operation of a fronton shall be under the division’s supervision. The division is hereby authorized to issue rules and regulations for the supervision of the operations.

(b) Any license granted under the provisions of this chapter shall be subject to the rules and regulations promulgated by the division and shall be subject to suspension or revocation for any cause which the division shall deem sufficient after giving the licensee a reasonable opportunity for a hearing at which he or she shall have the right to be represented by counsel. If any license is suspended or revoked, the division shall state the reasons for the suspension or

(c) Commencing July 1, 2003, the division of racing and athletics shall be prohibited to license Jai Alai in the city of Newport. Any license having been issued and in effect as of said date shall be null and void and any licensee shall be prohibited from operating thereunder. Provided, however, that any entity having been issued a license to operate a Jai Alai fronton prior to said date shall be deemed a pari-mutuel licensee as defined in chapter 61.2 of title 42 and a licensee as defined in chapter 11 of title 41."

(8) In Article 10, page 2, line 26, by deleting the Section number "2" and inserting in place thereof the Section number "3".

Respectfully submitted,

STEVEN M. COSTANTINO

Representative, District 8

Representatives Gorham, Trillo, Watson and Costantino discuss the amendment.

The motion to amend is read and prevails on a roll call vote, 62 members voting in the affirmative and 4 members voting in the negative as follows:

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

NAYS — 4: Representatives Benson, Caprio, Gorham, McHugh.

 

By unanimous consent, Representative Gorham, seconded by Representatives Watson and Callahan, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

1. In Article 10, on page 1, by deleting lines 17 through 23 and substituting the following:

"(3) To the owners of dog kennels who are under contract with a licensee: the first two million dollars ($2,000,000) of net terminal income derived from video lottery games located at the facility with the remainder of net terminal income derived from video lottery games located at the facility, up to a maximum of three and four-tenths percent (3.4%), to the local cities and towns be allocated in accordance with section 45-13-1, entitled `Apportionment of Annual Appropriation for State Aid;’."

2. In Article 10, on page 2, by deleting lines 20 through 21 in their entirety.

3. In Article 10, on page 2, by deleting line 25 and substituting the following:

"(4) Three million two hundred eighteen thousand five hundred seventy-nine dollars ($3,218,579) from the state general revenue fund."

Respectfully submitted,

NICHOLAS GORHAM

Representative, District 40

Representatives Watson, Lima, Trillo, Petrarca, Menard, McManus, Shanley, Caprio, Jacquard, Gorham, Menard, Long, San Bento, Williamson and Costantino discuss the amendment.

The motion to amend is read and fails of passage on a roll call vote, 18 members voting in the affirmative and 49 members voting in the negative as follows:

YEAS — 18: Representatives Ajello, Amaral, Anguilla, Benson, Callahan, Caprio, Dennigan, Enos, Gorham, Jacquard, Long, McHugh, Moffitt, Reilly, Savage, Story, Trillo, Watson.

NAYS — 49: The Honorable Speaker Murphy and Representatives Almeida, Aubin, Brien, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, DeSimone, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, McCauley, McManus, McNamara, Menard, Montanaro, Moran, Moura, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Schadone, Shanley, Shavers, Sherlock, Smith, Tejada, Wasylyk, Williams, Williamson, Winfield.

 

By unanimous consent, Representative Caprio, seconded by Representative Benson, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

(1) In Article 10, page 1, line 18, by deleting the words and figure "three and four-tenths (3.4%)" and inserting in place thereof the words and figure "two and one-half percent (2.5%)".

Respectfully submitted,

DAVID A. CAPRIO

Representative, District 34

Representatives Crowley and Costantino discuss the amendment.

The motion to amend is read and fails of passage on a roll call vote, 19 members voting in the affirmative and 44 members voting in the negative as follows:

YEAS — 19: Representatives Ajello, Amaral, Anguilla, Benson, Callahan, Caprio, Dennigan, Enos, Gorham, Jacquard, Long, McHugh, Moffitt, Reilly, Savage, Story, Tejada, Trillo, Watson.

NAYS — 44: The Honorable Speaker Murphy and Representatives Almeida, Aubin, Brien, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, DeSimone, Fox, Gallison, Giannini, Ginaitt, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, McCauley, McManus, McNamara, Menard, Moran, Moura, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Schadone, Shanley, Shavers, Sherlock, Williamson, Winfield.

Representative Montanaro requests the journal to reflect that he had voted on the last amendment but his machine malfunctioned. He voted in the negative.

There is no objection.

By unanimous consent, Representative Trillo, seconded by Representative Watson, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

In Article 10, page 1, line 18 by deleting the language and number "three and four-tenths (3.4%)" and replace it with "a total sum of five million dollars ($5,000,000)".

Respectfully submitted,

JOSEPH A. TRILLO

Representative, District 24

Representatives Costantino, Williamson and Trillo discuss the amendment.

The motion to amend is read and fails of passage on a roll call vote, 19 members voting in the affirmative and 47 members voting in the negative as follows:

YEAS — 19: Representatives Ajello, Amaral, Anguilla, Callahan, Caprio, Dennigan, Enos, Gorham, Jacquard, Long, McHugh, Moffitt, Mumford, Reilly, Rose, Savage, Story, Trillo, Watson.

NAYS — 47: The Honorable Speaker Murphy and Representatives Almeida, Aubin, Brien, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, DeSimone, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Kennedy, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, McCauley, McManus, McNamara, Menard, Moran, Moura, Naughton, Palumbo, Petrarca, Picard, San Bento, Schadone, Shanley, Shavers, Sherlock, Smith, Tejada, Wasylyk, Williams, Williamson, Winfield.

 

By unanimous consent, Representative Watson, seconded by Representative Callahan, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

1. Article 10, page 1, by deleting the language contained on lines 13 through 16 and inserting in place thereof, the following language:

"(2) To the licensed video retailer as defined in section 42-61.2-1(4)(i): twenty-seven percent (27%) provided that the licensed video retailer as defined in section 42-61.2-1(4)(i) makes a capital investment of at least sixty-two million five hundred thousand dollars ($62,500,000) in a new building to house the remaining video lottery terminals that were approved for said retailer at the Rhode Island lottery commission hearing of January 27, 2003. For the licensed video retailer as defined in section 42-61.2-1(4)(ii): twenty-seven percent (27%) provided that the licensed video lottery retailer as defined in section 42-61.2-1(4)(ii) makes a capital investment of at least four million five hundred thousand dollars ($4,500,000) in a new building to house the remaining video lottery terminals that were approved for said retailer at the Rhode Island lottery commission hearing of January 27, 2003. If these minimum capital investments are not made by January 1, 2005, then the allocation of net terminal income derived from video lottery games for the licensed video retailer shall be twenty-four percent (24%) retroactive to July 1, 2003."

Respectfully submitted,

ROBERT A. WATSON

Representative, District 30

Representatives Crowley and Menard discuss the amendment.

The motion to amend is read and fails of passage on a roll call vote, 13 members voting in the affirmative and 53 members voting in the negative as follows:

YEAS — 13: Representatives Amaral, Callahan, Gorham, Jacquard, Long, McManus, Moffitt, Mumford, Reilly, Savage, Story, Trillo, Watson.

NAYS — 53: The Honorable Speaker Murphy and Representatives Almeida, Anguilla, Aubin, Brien, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, McCauley, McHugh, McNamara, Menard, Montanaro, Moran, Moura, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Schadone, Shanley, Shavers, Sherlock, Smith, Tejada, Voccola, Williams, Williamson, Winfield.

Representative Callahan, Costantino and Williamson discuss the article as amended.

The article is read and prevails, as amended, on a roll call vote, 55 members voting in the affirmative and 14 members voting in the negative as follows:

YEAS — 55: The Honorable Speaker Murphy and Representatives Almeida, Anguilla, Aubin, Benson, Brien, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McManus, McNamara, Menard, Montanaro, Moran, Moura, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Schadone, Shanley, Shavers, Sherlock, Smith, Tejada, Voccola, Wasylyk, Williams, Williamson, Winfield.

NAYS — 14: Representatives Ajello, Amaral, Callahan, Caprio, Dennigan, Gorham, McHugh, Moffitt, Mumford, Reilly, Savage, Story, Trillo, Watson.

Majority Leader Fox moves to suspend Rule 49, seconded by Minority Leader Watson, in order to finish the Budget.

There is no objection.

 

ARTICLE 1

RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2004

Representative Sherlock moves passage of the article, seconded by Representatives Fox, Gallison, Carter, Kilmartin, Malik, Moura, McCauley, Williamson and Menard.

By unanimous consent, Representative Sherlock, seconded by Representatives Costantino, Fox, Gallison, Tejada and the rest of the Finance Committee, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

By deleting Article 1 in its entirety and replacing it with the following:

"ARTICLE 1

SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained in this act, the following general revenue amounts are hereby appropriated out of any money in the treasury not otherwise appropriated to be expended during the fiscal year ending June 30, 2004. The amounts identified for federal funds and restricted receipts shall be made available pursuant to section 35-4-22 and Chapter 41 of Title 42 of the Rhode Island General Laws. For the purposes and functions hereinafter mentioned, the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sums or such portions thereof as may be required from time to time upon receipt by him or her of properly authenticated vouchers.

 

Administration

Central Management

General Revenues 2,131,791

Federal Funds 298,986

Total - Central Management 2,430,777

Accounts and Control

General Revenues

General Revenues 9,272,646

RI-SAIL 430,751

Total - Accounts and Control 9,703,397

Budgeting General Revenues 2,304,799

Municipal Affairs

General Revenues 1,253,325

Federal Funds 7,572,738

Total - Municipal Affairs 8,826,063

Purchasing General Revenues 1,916,327

Auditing General Revenues 1,677,216

Human Resources General Revenues 6,804,969

Personnel Appeal Board

General Revenues 116,182

Taxation

General Revenues 17,233,778

Federal Funds 801,461

Restricted Receipts 1,360,843

Other Funds

Motor Fuel Tax Evasion Program 56,488

Temporary Disability Insurance 572,322

Total - Taxation 20,024,892

Registry of Motor Vehicles

General Revenues 15,248,702

Digital License System 292,355

Federal Funds 434,530

Restricted Receipts 14,358

Total - Registry of Motor Vehicles 15,989,945

Child Support Enforcement

General Revenues 3,294,395

Federal Funds 6,533,864

Total - Child Support Enforcement 9,828,259

Central Services

General Revenues

General Revenues 14,291,837

Energy Office Grants 356,407

Federal Funds 19,886,658

Restricted Receipts 1,067,887

Other Funds-Lighting Conservation 661,278

Total - Central Services 36,264,067

Office of Library and Information Services

General Revenues 3,430,001

Federal Funds 1,361,156

Restricted Receipts 5,000

Other Funds

Federal Highway -

PL Systems Planning 981,700

Federal Highway -

T2 Systems Planning 129,550

Air Quality Modeling 20,283

Total - Office of Library and

Information Services 5,927,690

General

General Revenues

Information Processing Overhead 480,000

Property Tax Relief Credit 6,000,000

Rhode Island Sports Foundation 367,500

Shepard Building

Operating/ Parking 1,970,331

Miscellaneous Grants 2,147,154

Torts - Court Awards 400,000

Asset Inventory Project 150,000

Contingency Fund 1,500,000

Economic Development Corporation 6,485,687

Office of City and Town

Development - EDC 500,000

Centers for Excellence 4,000,000

Economic Policy Council 300,000

Housing Resource Commission 3,257,789

Neighborhood Opportunities

Program 5,000,000

Motor Vehicle Excise

Tax Payments 104,337,885

Property Revaluation 2,228,320

General Revenue

Sharing Program 51,426,063

Payment in Lieu of

Tax Exempt Properties 21,716,117

Distressed Communities

Relief Program 7,533,333

Resource Sharing and

State Library Aid 7,586,860

Construction Aid 2,537,200

Restricted Receipts 1,196,000

Federal Funds 298,050

Other Funds

RICAP - State House

Terrace/South Stairs 50,000

RICAP - Chapin Health Laboratory 250,000

RICAP - Cranston Street Armory 500,000

RICAP - Cannon Building 222,000

RICAP - Old State House 325,000

RICAP - State Office Building 250,000

RICAP - Veterans’ Auditorium Office

Building 200,000

RICAP - State Information

Operations Center 200,000

RICAP - Court Buildings - HVAC 250,000

RICAP - Washington County

Government Center 268,000

RICAP - William Powers Building 45,000

RICAP - State House Renovations -

Phase II 400,000

RICAP - State House Renovations -

Phase III 230,000

RICAP - Powers Building

Technology Infrastructure 300,000

RICAP - Environmental Compliance 750,000

RICAP - Fox Point Hurricane Barrier 50,000

RICAP - Bio-Tech

Training Laboratory 300,000

Total - General 236,008,289

Debt Service Payments

General Revenues 84,998,150

Federal Funds 1,276,256

Restricted Receipts

RIRBA - DLT - Job Development Fund 45,709

RIRBA - DLT - Rapid Reemployment 48,105

COPS - Center General Furniture - WC 38,218

COPS - DLT Building - WC 223,888

COPS - DLT Building -

Job Development Fund 66,560

COPS - Pastore Center

Telecommunications - JDF 3,350

COPS - Pastore Center

General Furniture 11,362

COPS - Pastore Center

Telecommunications - WC 11,270

Investment Receipts - TANS 1,420,594

Convention Center Excess

DS Rental Payment 3,623,549

Other Funds

MHRH Community

Services Program 10,067,200

MHRH Community Mental Health

Program 2,273,266

DEM - Narragansett Bay

Commission 3,333,356

DEM - Wastewater Treatment 1,930,951

RIPTA Debt Service 431,190

Transportation Debt Service 31,784,914

RIRBA - DLT - Temporary

Disability Insurance 45,586

COPS - DLT Building - TDI 346,100

COPS - Center General - Furniture -

TDI 59,079

COPS - Pastore Center

Telecommunications - TDI 17,421

COPS - DLT Building - Reed Act 31,296

COPS - Center General - Furniture -

Reed Act 5,342

COPS - Pastore Center Telecommunications -

Reed Act 1,575

Debt - URI Education and General 1,088,999

Debt - URI Housing Loan Funds 1,751,951

Debt - URI Dining Services 266,889

Debt - URI Health Services 126,218

Debt - W. Alton Jones Services 112,766

Debt - URI Memorial Union 98,277

Debt - URI Sponsored Research

(Indirect Cost) 101,334

Debt - RIC Education and General 296,614

Debt - RIC Housing 568,191

Debt - RIC Student Center and Dining 177,951

Debt - RIC Student Union 217,171

Debt - CCRI Bookstore 177,092

Total - Debt Service Payments 147,077,740

Division of Sheriffs

General Revenues 14,016,893

Grand Total -

Department of Administration 518,917,505

 

Business Regulation

Central Management General Revenues 1,645,971

Banking Regulation General Revenues 1,627,501

Securities Regulation General Revenues 799,456

Commercial Licensing and Regulation

General Revenues 1,167,196

Restricted Receipts 100,000

Total – Commercial Licensing 1,267,196

Racing and Athletics General Revenues 718,056

Insurance Regulation

General Revenues 3,598,012

Restricted Receipts 501,063

Total - Insurance Regulation 4,099,075

Board of Accountancy General Revenues 124,713

Grand Total - Business Regulation 10,281,968

 

Department of Labor and Training

Central Management

General Revenues 352,820

Restricted Receipts 753,585

Total – Central Management 1,106,405

Workforce Development Services

General Revenues 1,400,000

Federal Funds 14,883,220

Restricted Receipts 11,617,450

Other Funds

Reed Act - Rapid Job Entry 1,725,758

Reed Act - Woonsocket

Network Office Renovations 250,000

Reed Act - Workforce Development 2,016,254

Of the $360.6 million appropriated from other funds, $4.0 million is hereby appropriated from Reed Act Funds. Of the $4.0 million amount, $1.7 million may be used solely for the Rapid Job Entry Program to engage welfare recipients in employment preparation and placement through employment Assessment Workshop and Job Club/Job Search Workshop Activities, $250,000 may be used solely for netWORKri Office renovations, and $2.0 million may be used solely for the administration of this state’s employment compensation law and public employment offices.

 

Total - Workforce

Development Services 31,892,682

Workforce Regulation and Safety

General Revenues 2,872,587

Income Support

General Revenues 2,899,417

Federal Funds 16,931,269

Restricted Receipts 1,947,928

Other Funds

Temporary Disability

Insurance Fund 177,671,368

Employment Security Fund 178,800,000

Reed Act – Administrative Costs 54, 179

Provided that the 54,179 in Reed Act funds may be used solely for administration of the state’s unemployment insurance program.

 

Total - Income Support 378,304,161

Injured Workers Services

Restricted Receipts 10,784,725

Labor Relations Board

General Revenues 390,989

Grand Total -

Labor and Training 425,351,549

 

Legislature

General Revenues 27,326,547

Restricted Receipts 884,303

Other Funds 1,500,000

Grand Total - Legislature 29,710,850

 

Lieutenant Governor

General Revenues 860,138

 

State

Administration General Revenues 1,180,127

Corporations General Revenues 1,785,231

State Archives

General Revenues 97,823

Restricted Receipts 553,511

Total - State Archives 651,334

Elections

General Revenues 363,039

Federal Funds 8,260,870

Total – Elections 8,623,909

State Library General Revenues 680,008

Office of Public Information

General Revenues 519,461

Grand Total - State 13,440,070

 

General Treasurer

Treasury

General Revenues 2,550,213

Federal Funds 237,678

Restricted Receipts 10,000

Other Funds - Temporary Disability

Insurance Fund 246,428

Total - Treasury 3,044,319

State Retirement System

Other Funds

Admin Expenses -

State Retirement System 4,900,120

Retirement -

Treasury Investment Operations 631,877

Total - State Retirement System 5,531,997

Unclaimed Property

Restricted Receipts 19,117,523

RI Refunding Bond Authority

General Revenues 79,996

Crime Victim Compensation Program

General Revenues 215,080

Federal Funds 1,288,052

Restricted Receipts 1,602,187

Total - Crime Victim

Compensation Program 3,105,319

Grand Total - General Treasurer 30,879,154

 

Boards for Design Professionals

General Revenues 391,338

 

Board of Elections

General Revenues 1,365,467

Federal Funds 941,000

Grand Total - Board of Elections 2,306,467

 

Rhode Island Ethics Commission

General Revenues 942,594

 

Office of Governor

General Revenues 4,277,878

 

Public Utilities Commission

General Revenues 693,237

Federal Funds 70,277

Restricted Receipts 5,123,672

Grand Total -

Public Utilities Commission 5,887,186

 

Rhode Island Commission on Women

General Revenues 143,393

 

Children, Youth, and Families

Central Management

General Revenues 7,688,399

Federal Funds 4,421,705

Total - Central Management 12,110,104

Children’s Behavioral Health Services

General Revenues 19,349,256

Federal Funds 24,713,707

Total - Children’s Behavioral

Health Services 44,062,963

Juvenile Correctional Services

General Revenues 26,659,023

Federal Funds 3,054,386

Restricted Receipts 700,000

Total - Juvenile Correctional

Services 30,413,409

Child Welfare

General Revenues 82,413,103

Federal Funds 64,043,814

Restricted Receipts 1,311,220

Other Funds - NAFI Center 25,000

Total - Child Welfare 147,793,137

Higher Education Incentive Grant

General Revenues 200,000

 

Notwithstanding the provisions of section 35-3-15 of the general laws in chapter 35-3 entitled "State Budget," all unexpended, encumbered and unencumbered general revenues balances of the appropriation for the higher education opportunity incentive grants in the Department of Children, Youth and Families at the end of fiscal year 2004 shall be reappropriated in the ensuing fiscal year and made immediately available for the same purposes as the former applications.

Grand Total -

Children, Youth, and Families 234,579,613

 

Elderly Affairs

General Revenues

General Revenues 13,604,788

RIPAE 14,089,607

Safety and Care of the Elderly 600

Federal Funds 9,884,630

Other Funds - Intermodal Surface

Transportation Fund 4,720,000

Grand Total - Elderly Affairs 42,299,625

 

Health

Central Management

General Revenues 2,646,349

Federal Funds 4,365,589

Restricted Receipts 2,045,538

Other Funds - Trauma Registry 1,091

Total - Central Management 9,058,567

State Medical Examiner

General Revenues 1,810,305

Family Health

General Revenues 8,636,010

Federal Funds 36,651,070

Restricted Receipts 5,728,390

Total - Family Health 51,015,470

Health Services Regulation

General Revenues 4,487,878

Federal Funds 3,547,076

Restricted Receipts 447,268

Total - Health Services Regulation 8,482,222

Environmental Health

General Revenues 4,384,145

Federal Funds 3,189,667

Restricted Receipts 1,475,101

Total - Environmental Health 9,048,913

Health Laboratories

General Revenues 6,179,326

Federal Funds 1,620,239

Total - Health Laboratories 7,799,565

Disease Prevention and Control

General Revenues 5,948,337

Federal Funds 14,847,566

Restricted Receipts 934,482

Other Funds - Child Safety Program 72,335

Total - Disease Prevention

and Control 21,802,720

Grand Total - Health 109,017,762

 

Human Services

Central Management

General Revenues 6,473,722

Federal Funds 4,371,706

Restricted Receipts -

Indirect Cost Recovery 2,287,939

Total - Central Management 13,133,367

Individual and Family Support

General Revenues 20,137,036

Federal Funds 52,464,116

Restricted Receipts -

Vending Stand Proceeds 68,161

Other Funds

RICAP - Forand Building

Exterior Repairs 928,723

RICAP – Benjamin Rush

Phase I (Parking) 187,000

Total - Individual and

Family Support 73,785,036

Veterans’ Affairs

General Revenues 16,340,861

Federal Funds 5,523,149

Restricted Receipts 1,948,507

Grand Total - Veterans’ Affairs 23,812,517

Health Care Quality, Financing and Purchasing General Revenues 23,746,254

Federal Funds 39,200,479

Restricted Receipts 1,038,201

Total - Health Care Quality,

Financing and Purchasing 63,984,934

Medical Benefits

General Revenues

Hospitals 95,448,116

Nursing Facilities 119,535,895

Managed Care 127,668,494

Special Education 17,047,692

Other 90,038,516

Federal Funds

Hospitals 123,813,833

Nursing Facilities 165,942,040

Managed Care 188,931,382

Special Education 24,352,308

Other 129,008,518

Restricted Receipts 15,000

Total - Medical Benefits 1,081,801,794

Supplemental Security Income Program

General Revenues 26,824,008

Family Independence Program

General Revenues

Child Care 58,797,451

TANF/Family

Independence Program 18,242,741

Federal Funds 83,084,408

Total - Family

Independence Program 160,124,600

State Funded Programs

General Revenues

General Public Assistance 2,929,132

Citizenship Participation Program 45,000

Federal Funds 68,556,460

Total - State Funded Programs 71,530,592

Grand Total - Human Services 1,514,996,848

 

Mental Health, Retardation, and Hospitals Central Management

General Revenues 2,260,725

Hospital and Community System Support

General Revenues 20,075,397

Other Funds

RICAP - Utilities Upgrade 300,000

RICAP - Medical Center

Rehabilitation 400,000

RICAP - Utility Systems -

Water Tanks and Pipes 250,000

RICAP - Central Power Plant

Rehabilitation 500,000

RICAP - Pastore Center Sewer

Improvement 500,000

Total - Hospital and Community

System Support 22,025,397

Services for the Developmentally Disabled

General Revenues 94,583,493

Federal Funds 131,677,435

Other Funds - RICAP - DD State Owned

Group Homes 200,000

Total - Services for the

Developmentally Disabled 226,460,928

Integrated Mental Health Services

General Revenues 31,506,079

Federal Funds 34,855,717

Total - Integrated

Mental Health Services 66,361,796

Hospital and Community Rehabilitation Services General Revenues 44,647,530

Federal Funds 56,796,999

Other Funds - RICAP - Zambarano

Buildings and Utilities 300,000

Total - Hospital and Community

Rehabilitation Services 101,744,529

Substance Abuse

General Revenues 14,339,975

Federal Funds 14,535,572

Restricted Receipts 75,000

Other Funds - RICAP - Asset Protection 100,000

Total - Substance Abuse 29,050,547

Grand Total - Mental Health,

Retardation, and Hospitals 450,058,633

 

Office of the Child Advocate

General Revenues 414,844

Federal Funds 48,000

Grand Total - Child Advocate 462,844

Commission on the Deaf and Hard of Hearing

General Revenues 285,014

RI Developmental Disabilities Council

Federal Funds 548,888

 

Governor’s Commission on Disabilities

General Revenues 534,430

Federal Funds 147,040

Restricted Receipts 50,818

Other Funds - RICAP - Facility Renovation -

Handicap Access 500,000

Grand Total - Governor’s

Commission on Disabilities 1,232,288

Commission for Human Rights

General Revenues 895,306

Federal Funds 270,822

Grand Total - Commission for

Human Rights 1,166,128

 

Mental Health Advocate

General Revenues 317,656

 

Elementary and Secondary Education

State Aid

General Revenues 617,153,303

Federal Funds 1,256,890

Total - State Aid 618,410,193

School Housing Aid

General Revenues 40,747,193

Teacher’s Retirement

General Revenues 45,448,832

RI School for the Deaf

General Revenues 5,631,171

Federal Funds 1,213,428

Other funds - RICAP - School for the Deaf -

Physical Ed. Fac. 200,000

Total - RI School for the Deaf 7,044,599

Central Falls School District

General Revenues 35,635,332

Davies Career and Technical School

General Revenues 11,329,692

Federal Funds 1,031,444

Restricted Receipts 101,089

Other Funds - RICAP -

Davies Roof Repair 225,000

Total - Davies Career and

Technical School 12,687,225

Metropolitan Career and Technical School

General Revenues 5,750,000

Program Operations

General Revenues 14,873,548

Federal Funds 164,739,660

Restricted Receipts 1,030,412

Other Funds

RICAP - East Providence Vocational

HVAC 300,580

RICAP - State-Owned Schools -

Fire Alarm Systems 93,480

Total - Program Operations 181,037,680

Transportation Study

General Revenues 10,000

 

The Department of Elementary and Secondary Education shall conduct a study of the feasibility of a statewide busing contract including the transportation of students to and from charter schools, special education programs, and regional schools. The study shall include the collection and analysis of data received from each school district pursuant to this section which shall include the origin and destination of any pupil attending a school, including a public school, vocational school, special education program provided in accordance with regulations of the Board of Regents for Elementary and Secondary Education, a regional school established under the provisions of section 16-3-1 et seq., as authorized by section 16.3.1-1 et seq., or a nonpublic nonprofit school for grades kindergarten through (12), consolidated, regionalized, or otherwise established to serve residents of a specific area within the state for any of the grades of kindergarten through twelve (12).

 

The results of the study shall be submitted to the General Assembly by November 1, 2003 with copies to the President of the Senate, the Speaker of the House, the Chairperson of the Senate Finance Committee, the Chairperson of the House Finance Committee, the Senate Fiscal Advisor and the House Fiscal Advisor.

 

Grand Total - Elementary and

Secondary Education 946,771,054

 

Board of Governors

General Revenues 172,088,777

Federal Funds 3,021,462

Other Funds

University and College Funds 398,848,671

RICAP - Asset Protection/Roofs 8,770,000

RICAP - Biological Science Center 300,000

RICAP - Alger Hall 1,500,000

RICAP - DCYF Facilities 1,795,046

Grand Total -

Board of Governors 586,323,956

 

RI State Council on the Arts

General Revenues

Operating Support 467,951

Grants 1,846,272

Federal Funds 696,006

Restricted Receipts 200,000

Grand Total - RI State Council

on the Arts 3,210,229

 

RI Atomic Energy Commission

General Revenues 646,012

Federal Funds 325,000

Other Funds

URI Sponsored Research 153,626

Grand Total - RI Atomic Energy

Commission 1,124,638

 

RI Higher Education Assistance Authority

General Revenue

Needs Based Grants and

Work Opportunities 9,933,030

Authority Operations and

Other Grants 1,126,632

Federal Funds 7,322,593

Other Funds Tuition Savings Program -

Administration 4,062,797

Grand Total - RI Higher Education

Assistance Authority 22,445,052

 

RI Historical Preservation and Heritage Commission

General Revenues 1,074,360

Federal Funds 534,534

Restricted Receipts 251,800

Grand Total - RI Historical Pres.

and Heritage Comm. 1,860,694

 

RI Public Telecommunications Authority

General Revenues 1,196,530

Federal Funds 555,601

Other Funds

Corporation for

Public Broadcasting 691,249

RICAP – Digital Conversion 2,300,000

Grand Total - RI Public

Telecommunications Authority 4,743,380

 

Attorney General

Criminal

General Revenues 10,652,958

Federal Funds 1,372,107

Restricted Receipts 183,722

Total - Criminal 12,208,787

Civil

General Revenues 3,388,226

Federal Funds 66,529

Restricted Receipts 447,017

Total - Civil 3,901,772

Bureau of Criminal Identification

General Revenues 715,765

General General Revenues 1,810,149

Grand Total - Attorney General 18,636,473

 

Corrections

Central Management

General Revenues 9,603,293

Parole Board

General Revenues 999,141

Institutional Corrections

General Revenues 117,627,236

Federal Funds 7,647,967

Restricted Receipts 2,737,500

Other Funds

RICAP - Perimeter/Security Upgrades 200,000

RICAP - Fire Code Safety Improvements 200,000

RICAP - High Security Fire Alarm HVAC 169,000

RICAP - Security Camera Installation 525,000

RICAP - Dix Expansion 554,000

RICAP - Reintegration Center

State Match 353,892

RICAP - General Renovations -

Maximum 244,000

RICAP - General Renovations -

Women’s 500,000

RICAP - Women’s Bath Renovations 561,000

RICAP - Food Plant Roof 264,500

Total - Institutional Corrections 131,584,095

Community Corrections

General Revenues 11,847,743

Federal Funds 1,813,402

Total - Community Corrections 13,661,145

Grand Total - Corrections 155,847,674

 

Judiciary

Supreme Court

General Revenues

General Revenues 21,937,094

Defense of Indigents 1,950,000

Federal Funds 163,687

Restricted Receipts 888,521

Other Funds

RICAP - Murray Judicial Complex-

Int Refurbishment 198,000

RICAP - Garrahy Judicial Complex –

Lighting/Ceiling 15,000

RICAP - Fogarty Annex -

Interior/Exterior 67,500

RICAP - Licht Judicial Complex -

Foundation 10,000

RICAP- Licht Judicial Complex -

Roof Study 25,000

Total - Supreme Court 25,254,802

Superior Court

General Revenues 16,681,473

Federal Funds 164,420

Total - Superior Court 16,845,893

Family Court

General Revenues 12,621,565

Federal Funds 2,950,069

Restricted Receipts 148,100

Total - Family Court 15,719,734

District Court

General Revenues 7,923,671

Traffic Tribunal

General Revenues 6,219,918

Workers’ Compensation Court

Restricted Receipts 6,009,169

Justice Link Program

General Revenues 434,040

Federal Funds 471,540

Total - Justice Link Program 905,580

Grand Total - Judiciary 78,878,767

 

Military Staff

National Guard

General Revenues 1,677,623

Federal Funds 7,908,381

Other Funds

RICAP - Bristol Armory

Rehabilitation 100,000

RICAP - Benefit St. Arsenal

Rehabilitation 130,000

RICAP - Schofield Armory

Rehabilitation 20,000

RICAP - Warren Armory 175,000

RICAP - US Property &

Finance Office - HVAC 45,000

RICAP - Warwick Armory Boiler 25,000

RICAP - Army Aviation

Support Facility 25,000

RICAP - North Smithfield Armory 41,250

RICAP – AMC -

Roof Replacement 100,000

RICAP - CSMS/

Armory Construction 376,250

Total - National Guard 10,623,504

Emergency Management

General Revenues 1,119,097

Federal Funds 26,885,967

Restricted Receipts 128,157

Total - Emergency Management 28,133,221

Grand Total - Military Staff 38,756,725

 

E-911 Emergency Telephone System

General Revenues 4,365,704

 

Fire Safety Code Board of Appeal and Review

General Revenues 235,469

 

State Fire Marshal

General Revenues 1,739,123

Federal Funds 285,530

Grand Total - State Fire Marshall 2,024,653

 

Commission on Judicial Tenure and Discipline

General Revenues 113,455

 

Rhode Island Justice Commission

General Revenues 163,492

Federal Funds 5,700,884

Restricted Receipts 90,000

Grand Total - Rhode Island

Justice Commission 5,954,376

 

Municipal Police Training Academy

General Revenues 356,387

Federal Funds 35,000

Grand Total - Municipal Police

Training Academy 391,387

 

State Police

General Revenues 40,575,638

Federal Funds 1,299,900

Restricted Receipts 223,468

Other Funds

RICAP - Barracks and Training

Headquarters 325,000

RICAP - Headquarters Repairs/

Renovations 107,337

Traffic Enforcement - Municipal

Training 150,000

Lottery Commission Assistance 123,809

Road Construction Reimbursement 1,499,175

Grand Total - State Police 44,304,327

 

Office of Public Defender

General Revenues 6,567,522

Federal Funds 441,822

Grand Total - Office of

Public Defender 7,009,344

 

Environmental Management

Policy and Administration

General Revenues 8,194,611

Federal Funds 2,939,219

Restricted Receipts 3,065,657

Other Funds

DOT Recreational Projects 21,031

Blackstone Bikepath Design 1,244,288

RICAP - Dam Repair 1,264,000

Total - Policy and Administration 16,728,806

Natural Resources

General Revenues 15,053,323

Federal Funds 13,667,841

Restricted Receipts 3,676,844

Other Funds

RICAP - Fort Adams

Rehabilitation 250,000

RICAP - Recreational Facilities

Improvement 650,000

RICAP - Wickford Marine Facility 50,000

RICAP - Galilee Piers 1,200,000

RICAP - Boyd’s Marsh Habitat

Restoration 330,000

Total - Natural Resources 34,878,008

Environmental Protection

General Revenues 7,769,300

Federal Funds 8,566,154

Restricted Receipts 3,305,322

RIPDES Program 0

Total - Environmental

Protection 19,640,776

Grand Total - Department of

Environmental Management 71,247,590

 

Coastal Resources Management Council

General Revenues 1,421,021

 

Notwithstanding the provisions of section 35-3-15 of the general laws of chapter 35-3 entitled "State Budget", all unexpended, encumbered and unencumbered balances from the computerized database management system of the appropriation in general revenues for the Coastal Resources Management Council at the end of the fiscal year 2003 shall be reappropriated in the ensuing fiscal year and made immediately available for the purposes for which they were originally appropriated.

Federal Funds 1,466,000

Restricted Receipts 4,500,000

Other Funds - RICAP - South Coast

Restoration Project 968,267

Grand Total - Coastal Resources

Management Council 8,355,288

 

State Water Resources Board

General Revenues 940,992

Restricted Receipts 984,000

Other Funds - RICAP - Big River

Management Area 80,000

Grand Total - Water

Resources Board 2,004,992

 

Transportation

Central Management

Federal Funds 9,222,128

Other Funds - Gasoline Tax 3,263,692

Total - Central Management 12,485,820

Management and Budget

Other Funds - Gasoline Tax 2,065,834

Infrastructure Maintenance

Other Funds - Gasoline Tax 39,177,943

Infrastructure - Engineering

Federal Funds 188,009,292

Restricted Receipts 36,407,911

Other Funds

Gasoline Tax 53,608,993

Land Sale Revenue 4,000,000

State Infrastructure Bank 1,000,000

Total - Infrastructure -

Engineering 283,026,196

Grand Total - Transportation 336,755,793

 

Statewide Totals

General Revenues 2,783,113,919

Federal Funds 1,837,318,843

Restricted Receipts 144,636,954

Other Funds 974,646,693

Statewide Grand Total 5,739,716,409

SECTION 2. Each line appearing in Section 1 of this Article shall constitute an appropriation.

SECTION 3. Upon the transfer of any function of a department or agency to another department or agency, the Governor is hereby authorized by means of executive order to transfer or reallocate, in whole or in part, the appropriations and the full-time equivalent limits affected thereby.

SECTION 4. From the appropriation for contingency shall be paid such sums as may be required at the discretion of the Governor and the Director of Administration to fund expenditures for which appropriations may not exist. Such contingency funds may also be used for expenditures in the several departments and agencies where appropriations are insufficient, or where such requirements are due to unforeseen conditions or are non-recurring items of an unusual nature. Said appropriations may also be sued for the payment of bills incurred due to emergencies or to any offense against public peace and property, in accordance with the provisions of Titles 11 and 45 of the General Laws of 1956, as amended. All expenditures and transfers from this account shall be approved by the Director of Administration and the Governor.

SECTION 5. The reimbursement of any state department or agency for the cost of work or services performed for any other department or agency is hereby authorized, subject to regulations promulgated by the Director of Administration.

SECTION 6. The General Assembly may provide a written "statement of legislative intent" signed by the chairperson of the House Finance Committee and by the chairperson of the Senate Finance Committee to show the intended purpose of the appropriations contained in Section 1 of this Article. The statement of legislative intent shall be kept on file in the House Finance Committee and in the Senate Finance Committee.

At least twenty (20) days prior to the issuance of a grant or the release of funds, which grant or funds are listed on the legislative letter of intent, all department, agency and corporation directors, shall notify in writing the chairperson of the House Finance Committee and the chairperson of the Senate Finance Committee of the approximate date when the funds are to be released or granted.

SECTION 7. Appropriation of Temporary Disability Insurance Funds – There is hereby appropriated pursuant to section 28-39-5 and 28-39-8 of the Rhode Island General Laws all funds required to be disbursed for the benefit payments from the Temporary Disability Insurance Fund and the Temporary Disability Insurance Reserve Fund for the fiscal year ending June 30, 2004.

SECTION 8. Appropriation of the Employment Security Funds – There is hereby appropriated pursuant to section 28-42-19 of the Rhode Island General Laws all funds required to be disbursed for benefit payments from the Employment Security Fund for the fiscal year ending June 30, 2004.

SECTION 9. Appropriation of University and College Funds – There is hereby appropriated pursuant to section 16-59-9 of the Rhode Island General Laws relating to the appropriation of funds by the General Assembly for Higher Education, and section 16-59-18 of the General Laws relating to receipts from sources other than appropriations, any funds received by the Board of Governors for Higher Education for the fiscal year ending June 30, 2004 payable out of the University and College Funds.

SECTION 10. Departments and agencies listed below may not exceed the number of full-time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do not include seasonal or intermittent positions whose scheduled period of employment does not exceed twenty-six consecutive weeks or whose scheduled hours do not exceed nine hundred and twenty-five (925) hours, excluding overtime, in a one-year period. Nor do they include individuals engaged in training, the completion of which is a prerequisite of employment. Nor do they include positions established under the Board of Governors for Higher Education which are funded by non-general revenue thirty party funding through the following accounts: University of Rhode Island Sponsored Contract Research; Rhode Island College Sponsored Research –Federal; Community College of Rhode Island Sponsored Research—Federal; and Office of Higher Education Sponsored Research—Federal.

Provided, however, that the Governor or designee, Speaker of the House of Representatives or designee, and the President of the Senate or designee may authorize an adjustment to any limitation. Prior to the authorization, the State Budget Officer shall make a detailed written recommendation to the Governor, the Speaker of the House, and the President of the Senate. A copy of the recommendation and authorization to adjust shall be transmitted to the chairman of the House Finance Committee, Senate Finance Committee, the House Fiscal Advisor and the Senate Fiscal Advisor.

FTE POSITION AUTHORIZATION

Departments and Agencies Full-Time Equivalent

Administration 1,261.2

Business Regulation 109.0

Labor and Training 536.7

Legislature 280.0

Lieutenant Governor 10.0

State 59.0

General Treasurer 84.5

Boards for Design Professionals 4.0

Board of Elections 15.0

Rhode Island Ethics Commission 9.0

Office of Governor 47.5

Public Utilities Commission 45.0

Rhode Island Commission on Women 2.0

Children, Youth, and Families 849.8

Elderly Affairs 52.6

Health 502.9

Human Services 1,058.6

Mental Health, Retardation, and Hospitals 2,021.7

Office of the Child Advocate 5.8

Commission on the Deaf and Hard of Hearing 3.0

RI Developmental Disabilities Council 2.0

Governor’s Commission on Disabilities 6.6

Commission for Human Rights 15.0

Mental Health Advocate 3.7

Elementary and Secondary Education 326.7

Higher Education - Board of Governors 3,472.1

Rhode Island State Council on the Arts 7.0

RI Atomic Energy Commission 8.6

Higher Education Assistance Authority 45.6

Historical Preservation and

Heritage Commission 17.6

Public Telecommunications Authority 22.0

Attorney General 228.5

Corrections 1,522.0

Judiciary 734.5

Military Staff 93.0

E-911 Emergency Telephone System 50.6

Fire Safety Code Bd. of Appeal and Review 3.0

RI State Fire Marshal 27.0

Commission on Judicial Tenure and Discipline 1.0

Rhode Island Justice Commission 9.0

Municipal Police Training Academy 4.0

State Police 257.0

Office of Public Defender 86.2

Environmental Management 528.7

Coastal Resources Management Council 28.0

State Water Resources Board 9.0

Transportation 812.7

Total 15,278.4

SECTION 11. The amounts reflected in this Article include the appropriation of Rhode Island Capital Plan funds for fiscal year 2004 and supersede appropriations provided for FY 2004 within Section 12 of Article 1 of Chapter 65 of the P.L. of 2002.

The following amounts are hereby appropriated out of any money in the State’s Rhode Island Capital Plan Fund not otherwise appropriated to be expended during the fiscal years ending June 30, 2005, June 30, 2006, June 30, 2007 and June 30, 2008. These amounts supersede appropriations provided within Section 12 of Article 1 of Chapter 65 of the P.L. 2002. For the purposes and functions hereinafter mentioned, the State Controller is hereby authorized and directed to draw his or her orders upon the General Treasurer for the payment of such sums and such portions thereof as may be required by him or her upon receipt of properly authenticated vouchers.

Fiscal Yr. End. Fiscal Yr. End. Fiscal Yr. End. Fiscal Yr.End.

June 30, 2005 June 30, 2006 June 30, 2007 June 30, 2008

Project

Legislative Office Bldg. 5,062,500 6,750,000 1,687,500 -

State-Owned Facilities –

Fire Alarm Systems 100,000 100,000 - -

URI Residence Halls

Modernization/Renovation 6,000,000 8,000,000 6,000,000 -

CCRI Newport Campus 1,544,000 -

Channel 36 Digital

Conversion 1,200,000 - - -

Reintegration Center 253,247 - - -

Women’s Plumbing/

Bathroom Renovations 446,700 - - -

Armory of Mounted Commands

Slate Roof/HVAC 500,000 600,000 600,000 900,000

North Smithfield Armory 41,250 - - -

Schofield Armory Exterior 100,000 120,000 - -

Armory Aviation Support

Facility 50,000 - - -

Combined Support

Maintenance Shop 6,250 93,750 - - -

Combined Support Maint.

Shop and Armory 376,250 - - -

USPFO HVAC 65,000 - -

-

Wickford Marine

Facilities 200,000 200,000 - -

State-Owned Dams –

Repairs 1,650,000 2,200,000 850,000 750,000

Boyd’s Marsh Habitat

Restoration 100,000 - - -

SECTION 12. Reappropriation of Funding for Rhode Island Capital Plan Fund Projects. – Any unexpected funds from Rhode Island Capital Plan Fund project appropriations shall be reappropriated in the ensuing fiscal year and made available for the same purpose.

SECTION 13. This article shall take effect on July 1, 2003."

Respectfully submitted,

PAUL V. SHERLOCK

Representative, District 20

Representatives Gorham, Sherlock, Watson and Costantino discuss the amendment.

The motion to amend is read and prevails on a roll call vote, 59 members voting in the affirmative and 7 members voting in the negative as follows:

YEAS — 59: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, McCauley, McHugh, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Tejada, Trillo, Wasylyk, Williams, Williamson, Winfield.

NAYS — 7: Representatives Amaral, Callahan, Gorham, Long, McManus, Story, Watson.

By unanimous consent, Representative Ajello, seconded by Representative Handy, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

(1) In Article 1, page 22, delete line 7 and insert in place thereof the following:

"RIPDES Program

General Funds 145,746

Restricted Receipts 516,794

Total RIPDES 662,540"

(2) In Article 1, page 21, line 8, delete the number "19,640,776" and insert in place thereof the number "20,303,316".

(3) In Article 1, page 21, line 9, delete the number "71,847,590" and insert in place thereof the number "72,510,130".

Respectfully submitted,

EDITH H. AJELLO

Representative, District 3

Representatives Handy, Caprio, Watson, Malik, Trillo, Fox, Sherlock and Ajello discuss the amendment.

The motion to amend is read and fails of passage on a roll call vote, 26 members voting in the affirmative and 33 members voting in the negative as follows:

YEAS — 26: Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Callahan, Caprio, Carter, Dennigan, Gorham, Handy, Lally, Long, McManus, Mumford, Reilly, Rose, Savage, Shanley, Shavers, Sherlock, Story, Wasylyk, Watson, Williams.

NAYS — 33: The Honorable Speaker Murphy and Representatives Brien, Coderre, Coogan, Corvese, Costantino, DeSimone, Flaherty, Gallison, Giannini, Kennedy, Kilmartin, Landroche, Laroche, Lowe, Malik, McHugh, McNamara, Menard, Moffitt, Montanaro, Moran, Naughton, Palumbo, Petrarca, Picard, San Bento, Schadone, Smith, Tejada, Trillo, Williamson, Winfield.

By unanimous consent, Representative Savage, seconded by Representative Amaral, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

In Article 1, page 7, line 11, by deleting the number "27,326,547" and inserting in place thereof the number "26,506,751".

In Article 1, page 7, line 14, by deleting the number "29,668,991" and inserting in place thereof the number "28,849,195".

Respectfully submitted,

JOHN A. SAVAGE

Representative, District 65

Representatives Fox, Trillo and Watson discuss the amendment.

The motion to amend is read and fails of passage on a roll call vote, 16 members voting in the affirmative and 50 members voting in the negative as follows:

YEAS — 16: Representatives Amaral, Callahan, Caprio, Dennigan, Gorham, Long, McHugh, McManus, Moffitt, Mumford, Reilly, Rose, Savage, Story, Trillo, Watson.

NAYS — 50: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Anguilla, Aubin, Benson, Brien, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Malik, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Naughton, Palumbo, Petrarca, Picard, San Bento, Schadone, Shanley, Shavers, Sherlock, Smith, Tejada, Wasylyk, Williams, Williamson, Winfield.

 

By unanimous consent, Representative Watson, seconded by Representatives Moffitt and Savage, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

Article 1, page 19, line 12, by deleting the amount "1,119,097" and inserting in lieu thereof the amount "519,097"

Respectfully submitted,

ROBERT A. WATSON

Representative, District 30

Representative Costantino discusses the amendment.

The motion to amend is read and fails of passage on a roll call vote, 10 members voting in the affirmative and 54 members voting in the negative as follows:

YEAS — 10: Representatives Amaral, Callahan, Gorham, Long, McManus, Moffitt, Mumford, Savage, Story, Watson.

NAYS — 54: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Handy, 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, Smith, Tejada, Trillo, Wasylyk, Williams, Williamson, Winfield.

 

By unanimous consent, Representative Watson, seconded by Representatives Callahan and Gorham, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

(1) Article 1, Section 1, page 17, line 10 by deleting the figure "117,627,236" and inserting in place thereof the figure "120,752,701".

(2) Article 1, Section 1, page 17, line 12, by deleting the figure "2,737,500" and inserting in place thereof the figure "2,217,375".

Respectfully submitted,

ROBERT A. WATSON

Representative, District 30

Representative Sherlock discusses the amendment.

The motion to amend is read and fails of passage on a roll call vote, 10 members voting in the affirmative and 54 members voting in the negative as follows:

YEAS — 10: Representatives Callahan, Gorham, McManus, Moffitt, Mumford, Palumbo, Savage, Story, Trillo, Watson.

NAYS — 54: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Handy, Kennedy, Kilmartin, Lally, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McNamara, Menard, Montanaro, Moran, Moura, Naughton, Petrarca, Picard, Reilly, Rose, San Bento, Schadone, Shanley, Shavers, Sherlock, Smith, Wasylyk, Williams, Williamson, Winfield.

 

By unanimous consent, Representative Shanley, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

1. Article 1, Section 10, on page 23 by deleting the language on lines 25 through 34 and inserting in its place the following language:

"Section 10. Departments and agencies listed below may not exceed the number of full-time equivalent (FTE) positions shown below in any pay period, nor may the total number of FTE positions in any pay period for the agencies and departments within the executive branch exceed 14,254.8 FTEs. Full-time equivalent positions do not include seasonal or intermittent positions whose scheduled period of employment does not exceed twenty-six (26) consecutive weeks or whose scheduled hours do not exceed nine hundred and twenty-five (925) hours, excluding overtime, in a one-year period. Nor do they include individuals engaged in training, the completion of which is a prerequisite of employment. Nor do they include positions established under the Board of Governors for Higher Education which are funded by third party funding through the following accounts: University of Rhode Island Sponsored Contract Research-Federal, state, and private; Rhode Island College Sponsored Research-Federal, state and private; Community College of Rhode Island Sponsored Research-Federal, state and private; and Office of Higher Education Sponsored Research-Federal, state and private. (Nor shall they include federally funded positions that are passed through a state agency to the University of Rhode Island, Rhode Island College and the Community College of Rhode Island.) The Board of Governors for Higher Education shall report by February 15, 2004 and annually thereafter, the actual number of filled federally, state and privately sponsored research positions excluded from the full-time equivalent limitation. The report shall be submitted to the chairman of the House Finance Committee, the chairman of the Senate Finance Committee and the State Budget Officer."

2. Article 1, Section 10, on page 24 by deleting the language on line 1 in its entirety.

Respectfully submitted,

JOHN PATRICK SHANLEY, JR.

Representative, District 35

Representatives Sherlock, Moffitt, Mumford, Benson, McHugh, Caprio, Lally, Costantino and Shanley discuss the amendment.

The motion to amend is read and fails of passage on a roll call vote, 20 members voting in the affirmative and 41 members voting in the negative as follows:

YEAS — 20: Representatives Ajello, Amaral, Benson, Callahan, Caprio, Enos, Gorham, Handy, Kennedy, Lally, Long, McHugh, McManus, Moffitt, Mumford, Savage, Shanley, Story, Wasylyk, Watson.

NAYS — 41: The Honorable Speaker Murphy and Representatives Almeida, Anguilla, Aubin, Brien, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Flaherty, Fox, Gallison, Giannini, Kilmartin, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, McCauley, Menard, Montanaro, Moran, Moura, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Shavers, Sherlock, Smith, Williamson, Winfield.

The article is read and prevails, as amended, on a roll call vote, 53 members voting in the affirmative and 10 members voting in the negative as follows:

YEAS — 53: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Anguilla, Aubin, Benson, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Malik, McCauley, McNamara, Montanaro, Moran, Moura, Naughton, Palumbo, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Wasylyk, Williams, Williamson, Winfield.

NAYS — 10: Representatives Amaral, Callahan, Gorham, Long, McHugh, McManus, Moffitt, Mumford, Story, Watson.

Representative Trillo requests the journal to reflect that if he had voted on Article 1 as amended, he would have voted in the negative.

There is no objection.

 

Representative Costantino, seconded by Representative Crowley, moves an oral amendment making Amendment — Relating to Public Library Services, to become Article 20.

The oral amendment prevails on a roll call vote, 64 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 64: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, 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, Shavers, Sherlock, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

Representative Costantino, seconded by Representatives Brien, Gallison and Moffitt, moves an oral amendment making Amendment — Relating to Veterans Disregard to become Article 44.

The oral amendment prevails on a roll call vote, 65 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 65: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, 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, Shavers, Sherlock, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

Representative Costantino, seconded by Representatives Fox, Shavers, Palumbo and Trillo, moves an oral amendment making Amendment — Relating to Credit Cards to become Article 45.

The oral amendment prevails on a roll call vote, d63 members voting in the affirmative and 1 member voting in the negative as follows:

YEAS — 63: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Brien, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Moran, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Trillo, Wasylyk, Williams, Williamson, Winfield.

NAYS — 1: Representative Montanaro.

 

Representative Costantino, seconded by Representative Sherlock, moves an oral amendment making the effective date to become Article 46.

The oral amendment prevails on a roll call vote, 67 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 67: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, 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, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

 

By unanimous consent, Representative Sherlock, seconded by Representative Gallison, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(03-H 6174) (Substitute "A")

Mr. Speaker:

I hereby move to amend (03-H 6174) (Substitute "A") entitled "AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004" as follows:

In Article 44, page 1, line 3, by deleting the word "article" and inserting in place thereof the word "act".

Respectfully submitted,

PAUL V. SHERLOCK

Representative, District 20

 

Representatives Watson, Sherlock and Fox discuss the amendment.

The motion to amend is read and prevails on a roll call vote, 65 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 65: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

Representative Fox offers an oral amendment to Article 1, seconded by Representative Sherlock.

Representatives Watson, Fox and Costantino discuss the oral amendment.

The oral amendment prevails on a roll call vote, 67 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS — 67: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Aubin, Benson, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, 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, Shanley, Shavers, Sherlock, Smith, Story, Trillo, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS — 0.

Representative Sherlock moves passage of (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, seconded by Representative Costantino and several other members of the House.

The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, on a roll call vote, 53 members voting in the affirmative and 15 members voting in the negative as follows:

YEAS — 53: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Anguilla, Aubin, Brien, Carter, Cerra, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Handy, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Lowe, Malik, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Naughton, Palumbo, Petrarca, Picard, Rose, San Bento, Schadone, Shanley, Shavers, Sherlock, Smith, Wasylyk, Williams, Williamson, Winfield.

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

 

 

Majority Leader Fox thanks Representatives Sherlock, Costantino, the fiscal staff and House Finance for all their hard work.

 

TRANSMITTAL

By unanimous consent, all matters on the Clerk’s desk are ordered to be transmitted to His Excellency, the Governor, and to the Honorable Senate forthwith, with the exception of certain Senate bills not yet released.

 

ANNOUNCEMENTS

Majority Leader Fox reminds everyone session will begin at 4:00 o’clock P.M. on Monday, June 30, 2003.

Also:

Representative Kennedy announces that the Committee on Corporations will meet Monday, June 30, 2003, at 3:00 o’clock P.M. in Room 203 of the State House.

Also:

Representative Sherlock announces that the Committee on Finance will meet Monday, June 30, 2003, at 1:00 o’clock P.M. in Room 35 of the State House.

Also:

Representative Corvese announces that the Committee on Labor will meet Monday, June 30, 2003 at 3:00 o’clock P.M. in Room 201 of the State House.

 

ADJOURNMENT

At 11:38 o’clock P.M. on motion of Representative Fox, seconded by Representative Watson, the House adjourns, on a voice vote.

LINDA McELROY

Recording Clerk

 

Appendix

_________

INVOCATION

REPRESENTATIVE PETER T. GINAITT

Heavenly Father, look with favor on our deliberation and assit us by your grace to do what is just and wise. Amen.

Appendix

_________

TRANSMITTED TO THE GOVERNOR

(03-H 5452) (Substitute "B") An Act relating to motor vehicle offenses.

 

Appendix

_________

CALENDAR

In order for Monday, June 30, 2003:

1. (03-H 5918) (Substitute "A") An Act relating to credit card lending.

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

 

2. (03-H 6157) An Act relating to taxation — manufacturing business tax.

Committee on Finance recommends passage.

 

3. (03-H 6159) (Substitute "A") An Act relating to corporations, associations, and partnerships — business corporations.

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

 

4. (03-H 5544) An Act relating to cities and towns — residency.

Committee on Corporations recommends passage.

 

5. (03-H 5282) An Act relating to alcoholic beverages — wholesale licenses.

Committee on Corporations recommends passage.

 

6. (03-H 6421) (Substitute "A") An Act relating to alcoholic beverages — retail licenses.

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

 

7. (03-H 5075) An Act relating to military affairs.

Committee on Finance recommends passage.

 

8. (03-H 5351) An Act relating to textbooks.

Committee on Finance recommends passage.

 

9. (03-H 6493) (Substitute "A") An Act relating to insurance — authorizing health care providers to negotiate with health care insurers and providing for the powers and duties of the Attorney General.

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

 

10. (03-H 6540) (Substitute "A") An Act relating to family court.

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

 

11. (03-H 5582) An Act relating to courts and civil procedure — jury lists.

Committee on Judiciary recommends passage.

 

12. (03-H 6214) (Substitute "A") An Act relating to health and safety — refuse disposal.

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

 

13. (03-H 6582) An Act relating to the General Assembly — permanent joint committee on naming all new buildings, bridges, edifices and other state constructions.

Ordered to be placed on the Calendar.

 

14. (03-H 5533) (Substitute "A" as amended) An Act relating to public utilities and carriers — renewable energy standard.

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

 

15. (03-H 5849) (Substitute "A" as amended) An Act relating to health and safety — air pollution.

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

 

16. (03-H 5686) (Substitute "A") An Act relating to fishing.

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

 

17. (03-H 6049) (Substitute "A" as amended) House Resolution creating a special House commission to study vehicle tire storage and recycling in the State of Rhode Island.

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

 

18. (03-H 5199) An Act relating to education — the Rhode Island Student Investment Initiative.

Committee on Health, Education and Welfare recommends passage.

 

19. (03-H 6465) House Resolution supporting health care access for all Rhode Island residents.

Committee on Health, Education and Welfare recommends passage.

 

20. (03-H 6473 as amended) An Act relating to health and safety.

Committee on Health, Education and Welfare recommends passage as amended.

 

21. (03-H 5277) An Act relating to equal opportunity and affirmative action.

Committee on Separation of Powers recommends passage.

 

22. (03-H 5182) (Substitute "A") An Act relating to sports, racing and athletics — and extension of gambling activities and other facilities.

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

 

23. (03-H 6554) Joint Resolution making an appropriation to pay certain claims.

Committee on Finance recommends passage.

 

24. (03-S 172) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage in concurrence.

 

25. (03-S 175) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage in concurrence.

 

26. (03-S 401 as amended) An Act authorizing the city of Providence to convey certain property dedicated for park purposes.

Committee on Corporations recommends passage as amended in concurrence.

 

27. (03-S 1152) 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.

 

28. (03-S 22 as amended) An Act relating to motor vehicle insurance — motor vehicle body replacement parts.

Committee on Corporations recommends passage as amended in concurrence.

 

29. (03-S 249) (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.

 

30. (03-S 669) An Act relating to businesses and professions — telephone sales solicitation act.

Committee on Corporations recommends passage in concurrence.

 

31. (03-S 948) (Substitute "A") An Act relating to motor and other vehicles — operators’ and chauffeurs’ licenses.

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

 

32. (03-S 265) An Act relating to businesses and professions — patient protection act.

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

 

33. (03-S 272) (Substitute "A") An Act relating to education — health and safety of pupils.

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

 

34. (03-S 736) (Substitute "A") An Act relating to businesses and professions — confidentiality of health care communications and information act.

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

 

35. (03-S 88) (Substitute "A" as amended) An Act relating to criminals — correctional institutions — parole.

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

 

36. (03-S 501 as amended) An Act relating to public utilities and carriers — railroad preservation.

Committee on Finance recommends passage as amended in concurrence.

 

37. (03-S 1034) (Substitute "A") An Act relating to motor and other vehicles — operators’ and chauffeurs’ licenses.

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

 

38. (03-S 717) (Substitute "A") An Act relating to aeronautics.

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

 

39. (03-S 220) (Substitute "A" as amended) An Act relating to property.

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

 

40. (03-S 270) (Substitute "A" as amended) An Act relating to food and drugs — fruits and vegetables generally.

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

 

41. (03-S 413) (Substitute "A") An Act relating to health and safety — refuse disposal.

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

 

42. (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.

 

43. (03-S 155) (Substitute "A") An Act relating to water lines and works for the town of Middletown.

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

 

44. (03-S 355) An Act relating to taxation — levy and assessment of local taxes.

Committee on Corporations recommends passage in concurrence.

 

45. (03-S 471) An Act relating to property — residential landlord and tenant act.

Committee on Corporations recommends passage in concurrence.

 

46. (03-S 588 as amended) An Act relating to creating the Urban Infrastructure Commission.

Committee on Corporations recommends passage as amended.

 

47. (03-S 137) (Substitute "A") An Act relating to insurance.

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

 

48. (03-S 288 as amended) An Act relating to commercial law — credit card lending.

Committee on Corporations recommends passage as amended in concurrence.

 

49. (03-S 400) (Substitute "A") An Act relating to insurance — health maintenance organizations.

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

 

50. (03-S 670) (Substitute "A") An Act exempting from taxation the property of the Pawtucket, RI Young Men’s Christian Association.

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

 

51. (03-S 808) (Substitute "A") An Act relating to health and safety.

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

 

52. (03-S 820) An Act relating to public utilities and carriers — Public Utilities Commission.

Committee on Corporations recommends passage in concurrence.

 

53. (03-S 1091) An Act exempting from taxation the real, mixed and personal property of the Darlington Braves, Inc. of Pawtucket.

Committee on Corporations recommends passage in concurrence.

 

54. (03-S 1123 as amended) An Act relating to insurers’ rehabilitation and liquidation act.

Committee on Corporations recommends passage as amended in concurrence.

 

55. (03-S 1086) (Substitute "A") An Act relating to alcoholic beverages — retail licenses.

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

 

56. (03-S 337) (Substitute "A") An Act relating to courts and civil procedure — jury lists.

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

 

57. (03-S 827) (Substitute "B") An Act relating to businesses and professions — nurses.

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

 

58. (03-S 595) (Substitute "A") An Act relating to education — certification of teachers.

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

 

59. (03-S 568) An Act relating to food and drugs.

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

 

60. (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.

 

LOUIS D’ANTUONO

Clerk of the House

Friday, June 27, 2003