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 second day of January in the year of Our Lord two thousand and seven. Volume 134, No. 41 Thursday, April 26, 2007 Forty-first Day The House of Representatives meets at the State House in Providence, Thursday, April 26, 2007 and is called to order at 4:25 o’clock P.M., by the Honorable William J. Murphy, Speaker. The roll is called and a quorum is declared present with 68 members present and 7 members absent as follows: PRESENT - 68: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Baldelli- Hunt, Brien, Caprio, Carter, Church, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Diaz, Fellela, Flaherty, Fox, Gablinske, Gallison, Gemma, Giannini, Ginaitt, Gorham, Handy, Jackson, Jacquard, Kennedy, Lally, Lewiss, Lima, Long, Loughlin, Malik, Mattiello, McCauley, McManus, McNamara, Melo, Menard, Moffitt, Mumford, Naughton, O'Neill, Pacheco, Palumbo, Petrarca, Picard, Rice, Savage, Schadone, Segal, Serpa, Shanley, Silva, Singleton, Slater, Smith, Story, Sullivan, Trillo, Ucci, Vaudreuil, Walsh, Wasylyk, , Williams, Williamson, Winfield. ABSENT - 7: Representatives Amaral, Ehrhardt, Kilmartin, Rose, San Bento, Scott, Watson. INVOCATION The Honorable Speaker presents Representative McNamara who delivers the Invocation and leads the membership in the Pledge of Allegiance to the Flag. (For Invocation, see Appendix, this Journal.) APPROVAL OF RECORD By unanimous consent, the House Journal of Wednesday, April 25, 2007 is approved as printed. H.J. -- 2 JOURNAL Thursday, April 26, 2007 ANNOUNCEMENTS Representative Peter Kilmartin will be unable to attend session Thursday, April 26, 2007. Representative Laurence Ehrhardt will be unable to attend session Thursday, April 26, 2007. REPORTS OF COMMITTEES COMMITTEE ON FINANCE Representative Costantino, for the Committee on Finance, reports back the following measures, with recommendation of passage: House Resolution No. 6144 BY Slater, Diaz, Williams, Coderre E, Naughton ENTITLED, HOUSE RESOLUTION URGING THE GOVERNOR TO PROVIDE MEANINGFUL ASSISTANCE TO HELP IDENTIFY AND ENROLL CHILDREN WHO QUALIFY FOR MEDICAID AND RITECARE PROGRAMS {LC2489/1} 04/26/2007 Placed on House Calendar COMMITTEE ON VETERANS AFFAIRS Representative Carter, for the Committee on Veterans Affairs, reports back the following measure, with recommendation of passage: House Bill No. 5135 BY Carter, Scott, Rose, Gallison, Malik ENTITLED, AN ACT RELATING TO MOTOR AND OTHER VEHICLES -- REGISTRATION OF VEHICLES {LC612/1} 04/12/2007 Committee recommends passage House Bill No. 5902 SUB A (National Guard) BY Loughlin, McManus, Mumford, Sullivan ENTITLED, AN ACT RELATING TO MILITARY AFFAIRS AND DEFENSE -- DECORATIONS (would add an additional period of service to give the adjutant general the authority to award the Rhode Island defense service medal for service from September 11, 2001 to a date to be determined) {LC1804/1/A} 04/26/2007 Placed on House Calendar House Bill No. 5219 (by request) BY Winfield ENTITLED, AN ACT RELATING TO TAXATION (extend the property tax benefit of disabled veterans to his or her surviving spouse and the spouse shall retain the benefit as long as he or she owns the property, resides therein and does not remarry) {LC779/1} 04/26/2007 Placed on House Calendar H.J. -- 3 JOURNAL Thursday, April 26, 2007 House Bill No. 5093 BY Petrarca, Menard, McManus ENTITLED, AN ACT RELATING TO TAXATION -- PROPERTY SUBJECT TO TAXATION (increase the tax exemption for veteran residents of the town of Lincoln) {LC515/1} 04/26/2007 Placed on House Calendar House Bill No. 5094 BY Petrarca, Menard, McManus ENTITLED, AN ACT RELATING TO TAXATION - PROPERTY SUBJECT TO TAXATION (increase the tax exemption for disabled veteran residents of the town of Lincoln) {LC519/1} 04/26/2007 Placed on House Calendar House Bill No. 5267 SUB A BY Carter, Moffitt, Gallison, Ucci, Malik ENTITLED, AN ACT RELATING TO MOTOR AND OTHER VEHICLES -- DISABLED VETERANS {LC752/1/A} Representative Carter requests unanimous consent for immediate consideration. There is no objection. Representative Moffitt discusses the act. Read and passed, on a motion of Representative Carter seconded by Representatives Moffitt, Loughlin, Williamson, Pacheco, Fellela, Melo, Crowley, Naughton, Caprio, Gemma and many other members of the House, 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, Baldelli- Hunt, Brien, Caprio, Carter, Church, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Fellela, Fox, Gablinske, Gemma, Giannini, Gorham, Handy, Jackson, Jacquard, Kennedy, Lewiss, Lima, Loughlin, Malik, Mattiello, McCauley, McManus, McNamara, Melo, Menard, Moffitt, Mumford, Naughton, O'Neill, Pacheco, Palumbo, Petrarca, Picard, Rice, Savage, Schadone, Segal, Serpa, Shanley, Silva, Singleton, Story, Sullivan, Trillo, Ucci, Vaudreuil, Walsh, Wasylyk, Williams, Williamson, Winfield. NAYS - 0. TRANSMITTAL By unanimous consent, (07-H 5267 SUB A), on the Clerk’s desk is ordered to be transmitted to the Honorable Senate, forthwith. H.J. -- 4 JOURNAL Thursday, April 26, 2007 NEW BUSINESS House Resolution No. 6314 BY Winfield, Ginaitt, Lewiss, Palumbo, Caprio D ENTITLED, HOUSE RESOLUTION PROCLAIMING MAY, 2007 AS "LYME DISEASE AWARENESS MONTH" IN THE STATE OF RHODE ISLAND {LC2772/1} 04/26/2007 Introduced, referred to House H.E.W. House Bill No. 6315 BY Gorham, Winfield, Pacheco ENTITLED, AN ACT RELATING TO GENERAL ASSEMBLY -- THE NAMING OF STATE OWNED LAND IDENTIFIED BY THE TOWN OF FOSTER AS ASSESSOR'S PLOT 17, LOTS 11 AND 54A, ASSESSOR'S PLAT 5, LOT 87 AND PLAT 9, LOT 42 {LC2723/1} 04/26/2007 Introduced, referred to House Constituent Services House Bill No. 6316 BY Picard, Naughton, Brien, Baldelli-Hunt ENTITLED, AN ACT RELATING TO INSURANCE -- ACCIDENT AND SICKNESS INSURANCE POLICIES {LC2847/1} 04/26/2007 Introduced, referred to House Corporations House Bill No. 6317 (Town of Exeter) BY Carter, Scott ENTITLED, AN ACT RELATING TO EDUCATION -- RESIDENCE OF CHILDREN FOR SCHOOL PURPOSES {LC2926/1} 04/26/2007 Introduced, referred to House Finance House Resolution No. 6318 BY Brien, Picard, Baldelli-Hunt ENTITLED, HOUSE RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO FULFILL ITS COMMITMENT OF FORTY PERCENT (40%) FEDERAL FUNDING IN ITS REAUTHORIZATION OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (20 U.S.C. 1400 ET SEQ.) {LC2964/1} 04/26/2007 Introduced, referred to House Finance House Bill No. 6319 BY Rice, Segal, Ajello, Pacheco, Handy ENTITLED, AN ACT RELATING TO TAXATION - REAL ESTATE INVESTMENT TRUSTS {LC2829/1} 04/26/2007 Introduced, referred to House Finance House Bill No. 6320 BY Gallison, Ajello, Brien, Pacheco, Handy ENTITLED, AN ACT RELATING TO HEALTH AND SAFETY - LICENSING OF HEALTH CARE FACILITIES {LC2890/1} 04/26/2007 Introduced, referred to House H.E.W. H.J. -- 5 JOURNAL Thursday, April 26, 2007 House Bill No. 6321 BY Gallison, Brien ENTITLED, AN ACT RELATING TO HEALTH AND SAFETY -- LICENSING OF HEALTH CARE FACILITIES {LC2888/1} 04/26/2007 Introduced, referred to House H.E.W. House Bill No. 6322 BY McManus, Loughlin, Savage ENTITLED, AN ACT RELATING TO CRIMINALS -- PAROLE {LC2903/1} 04/26/2007 Introduced, referred to House Judiciary House Bill No. 6323 BY McManus, Loughlin, Savage, Moffitt ENTITLED, AN ACT RELATING TO CRIMINAL OFFENSES - SEXUAL ASSAULT {LC2902/1} 04/26/2007 Introduced, referred to House Judiciary House Bill No. 6324 BY Watson ENTITLED, AN ACT RELATING TO COURTS AND CIVIL PROCEDURE - COURTS - JUDICIAL SELECTION {LC2786/1} 04/26/2007 Introduced, referred to House Judiciary House Bill No. 6325 BY Loughlin, McManus, Moffitt, Long, Lewiss ENTITLED, AN ACT RELATING TO CRIMINAL PROCEDURE - SEXUAL OFFENDER REGISTRATION AND COMMUNITY NOTIFICATION {LC2901/1} 04/26/2007 Introduced, referred to House Judiciary House Bill No. 6326 BY Kennedy, Walsh, Scott ENTITLED, AN ACT (I) AUTHORIZING THE CHARIHO REGIONAL SCHOOL DISTRICT TO ISSUE NOT TO EXCEED $26,000,000 GENERAL OBLIGATION BONDS AND/OR NOTES TO FINANCE IMPROVEMENTS TO THE SWITCH ROAD CAMPUS INCLUDING, BUT NOT LIMITED TO THE CONSTRUCTION, RENOVATION, IMPROVEMENT, DEMOLITION, ALTERATION, REPAIR, FURNISHING AND EQUIPPING OF NEW CONSTRUCTION AND ADDITIONS TO THE HIGH SCHOOL, THE MIDDLE SCHOOL, THE RYSE SCHOOL, A MAINTENANCE FACILITY, A RUNNING TRACK, PARKING, PAVING AND LANDSCAPING AND (II) AMENDING THE CHARIHO REGIONAL SCHOOL DISTRICT ENABLING ACT TO PROVIDE THAT THE PRINCIPAL OF, REDEMPTION PREMIUM AND INTEREST ON BONDS AND NOTES ISSUED FOR THESE PROJECTS WILL BE BORNE BY THE MEMBER TOWNS IN EQUAL AMOUNTS, WITH EACH MEMBER TOWN PAYING ONE-THIRD {LC2955/1} 04/26/2007 Introduced, referred to House Municipal Government H.J. -- 6 JOURNAL Thursday, April 26, 2007 House Bill No. 6327 BY Shanley, Walsh, Caprio D, Lally, Scott ENTITLED, AN ACT PERMITTING THE TOWN OF SOUTH KINGSTOWN TO CREATE A SOLID WASTE MANAGEMENT DISTRICT AND AWARD AN EXCLUSIVE SERVICES CONTRACT FOR RESIDENTIAL SOLID WASTE/RECYCLING COLLECTION AND DISPOSAL SERVICES {LC2912/1} 04/26/2007 Introduced, referred to House Municipal Government House Resolution No. 6328 BY Almeida, Williams, Diaz, Slater, Murphy ENTITLED, HOUSE RESOLUTION HONORING AND WELCOMING THE HONORABLE J. ALEX TYLER, SPEAKER OF THE HOUSE OF REPRESENTATIVES IN LIBERIA, ON THE OCCASION OF HIS VISIT TO THE GENERAL