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 one.
Volume 128, No. 5 Tuesday, January 16, 2001 Fifth Day


The House of Representatives meets at the State House in Providence, Tuesday, January 16, 2001, and is called to order at 4:08 o'clock P.M., by the Honorable John B. Harwood, Speaker.

The roll is called and a quorum is declared present with 94 members present and 5 members absent as follows:

PRESENT - 94: The Honorable Speaker Harwood and Representatives Abdullah.Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, Callahan, Cambio, Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Lode, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Palangio, Picard, Pires, Pisaturo, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

ABSENT - 6: Representatives Burlingame, Hetherington, Naughton, Palumbo, Quick.

INVOCATION



The Honorable Speaker presents Representative Shavers, 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, January 10, 2001, is approved as printed.

ANNOUNCEMENTS


Representative Hetherington will be unable to attend session today, January 16, 2001, due to illness.

Also:

Representative Palumbo will be unable to attend session on January 16, 17 and 18, 2001, due to fact that he will be out of the country.

COMMUNICATION FROM THE SENATE


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

(01-S 16) An Act reinstating and restoring forfeited or revoked corporate charters.

Read and referred to the Committee on Corporations.

ANNOUNCEMENTS
The following Representatives are hereby appointed to the House Finance Committee:

Antonio Pires
Paul Sherlock
Paul Crowley
Christine Callahan
Kenneth Carter
Steven Costantino
Elizabeth Dennigan
Richard Fleury
Gordon Fox
Myrna George
Joanne Giannini
Robert Jacquard
Jan Malik
Paul Moura
Carol Mumford
Eileen Naughton
Henry Rose
William San Bento

JOHN B. HARWOOD
Speaker

Also:

Representative Paul Sherlock is hereby appointed Vice Chair of the House Finance Committee and also Representative Paul Crowley is appointed Vice Chair of the House Finance Committee.

Representative Kenneth Carter is hereby appointed Secretary of the House Finance Committee.

JOHN B. HARWOOD
Speaker

Also:

The following Representatives are hereby appointed to the House Judiciary Committee:

Robert Flaherty
Timothy Williamson
William J. Murphy
Donald Lally
Denise Aiken
Joseph Amaral
Mabel Anderson
Fausto Anguilla
Mary Ann Carroll
David Cicilline
Raymond Gallison
Eugene Garvey
Gary Hogan
H. Norman Knickle
Peter Palumbo
Scott Rabideau
Joseph Scott
Maxine Shavers
Robert Sullivan

JOHN B. HARWOOD
Speaker

Also:

Representative Timothy Williamson is hereby appointed Vice Chair of the House Judiciary Committee and also Representative William J. Murphy is appointed Vice Chair of the House Judiciary Committee.

Representative Donald Lally, Jr. is hereby appointed Secretary of the House Judiciary Committee.

JOHN B. HARWOOD
Speaker

Also:

The following Representatives are hereby appointed to the House Corporations Committee:

Brian Kennedy
Thomas Palangio
Peter Lewiss
John Ban
David Caprio
Raymond Coelho
Nicholas Gorham
Peter Kilmartin
Bruce Long
Robert Lowe
John McCauley
Roger Picard
Joan Quick
Donald Reilly
John Shanley
John Simonian
Thomas Slater
Joseph Voccola

JOHN B. HARWOOD
Speaker

Also:

Representative Thomas Palangio is hereby appointed Vice Chair of the House Corporations Committee. Representative Peter Lewiss is hereby appointed Secretary of the House Corporations Committee.

JOHN B. HARWOOD
Speaker

Also:

The following Representatives are hereby appointed to the House Health, Education and Welfare Committee:

Bambilyn Cambio
Nancy Hetherington
Peter Ginaitt
Aisha Abdullah-Odiase
Edith Ajello
Mary Cerra
Arthur Corvese
Charlene Lima
John Maher
Joseph McNamara
Prank Montanaro
John Savage
Gregory Schadone
Susan Story
John Thompson

JOHN B. HARWOOD
Speaker

Also:

Representative Nancy Hetherington is hereby appointed Vice Chair of the House Health, Education and Welfare Committee. Representative Peter Ginaitt is hereby appointed Secretary of the House Health, Education and Welfare Committee.

JOHN B. HARWOOD
Speaker

Also:
The following Representatives are hereby appointed to the House Labor Committee:

Joseph Faria
Ronald Munschy
Joseph Almeida
Stephen Anderson
Melvoid Benson
Todd Brien
Barbara Burlingame
Brian Coogan
Beatrice Lanzi
William H. Murphy
Steve Smith
Leon Tejada
Joseph Trillo
William Vieira
Peter Wasylyk
Rene Menard

JOHN B. HARWOOD
Speaker

Also:

Representative Ronald Munschy is hereby appointed Vice Chair of the House Labor Committee and Representative Joseph Almeida is hereby appointed Secretary of the House Labor Committee.

JOHN B. HARWOOD
Speaker

Also:

The following Representatives are hereby appointed to the House Special Legislation Committee:

Elaine Coderre
David Iwuc
Joseph Moran
Brock Bierman
John DeSimone
Suzanne Henseler
Charles Levesque
Gerard Martineau
Michael Pisaturo
Robert Watson
Anastasia Williams
Thomas Winfield

JOHN B. HARWOOD
Speaker

Also:

Representative David Iwuc is hereby appointed Vice Chair of the House Special Legislation Committee and Representative Joseph Moran is hereby appointed Secretary of the House Special Legislation Committee.

JOHN B. HARWOOD
Speaker

Also:

As Speaker of the House of Representatives I hereby appoint:

Representative Thomas Winfield as Deputy Speaker

JOHN B. HARWOOD
Speaker

Also:

As Speaker of the House of Representatives I hereby appoint:

Representative Peter Kilmartin as Deputy Speaker Pro Tempore

JOHN B. HARWOOD
Speaker


NEW BUSINESS


Representatives Moura, Montanaro, Williams and Menard introduce (01-H 5088) An Act relating to the labor relations act.

Read and referred to the Committee on Labor.

Representatives Voccola, Cerra and Slater introduce (01-H 5089) An Act relating to probate practice and procedure rules of descent.

Read and referred to the Committee on Judiciary.

Representatives Ginaitt, Sherlock, Flaherty, Naughton, McNamara and Aiken introduce (01-H 5090) An Act relating to motor and other vehicles rental vehicle surcharge.

Read and referred to the Committee on Finance.

Representatives Voccola and Cerra introduce (01-H 5091) House Resolution respectfully requesting the State Traffic Commission to install a pedestrian traffic light in the town of Johnston.

Read and referred to the Joint Committee on Highway Safety.

Representatives Voccola and Cerra introduce (01-H 5092) An Act relating to the naming of new buildings, bridges, edifices and other state construction.

Read and referred to the Joint Committee on Naming State Constructions.

Representative Rabideau introduces (01-H 5093) An Act relating to Pascoag Utility District.

Read and referred to the Committee on Corporations.

Representatives Sullivan, Coogan, Coelho, Rose, Munschy and several other members of the House introduce (01-H 5094) An Act relating to construction and maintenance of state roads.

Read and referred to the Joint Committee on Highway Safety.

Representative Palumbo introduces (01-H 5095) An Act relating to motor vehicles.

Read and referred to the Committee on Corporations.

Representatives Palumbo and Jacquard introduce (01-H 5096) An Act relating to state affairs and government - Corrections Department.

Read and referred to the Committee on Finance.

Representatives Palumbo and Vieira introduce (01-H 5097) An Act relating to fish and wildlife - commercial gill net fishery.

Read and referred to the Joint Committee on Environment and Energy.

Representatives Palumbo, Coogan and McCauley introduce (01-H 5098) An Act relating to criminal offenses weapons.

Read and referred to the Committee on Judiciary.

Representatives Lanzi, S. Anderson, Bierman, Pisaturo, Williams and Montanaro introduce (01-H 5099) An Act relating to licensing of health care facilities - hospital staffing standards commission.

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

Representatives Kennedy, Henseler, George, Barr, Lewiss and several other members of the House introduce (01-H 5100) An Act relating to businesses and professions telephone sales solicitation act.

Read and referred to the Committee on Corporations.

Representatives Lanzi, S. Anderson, Bierman, Williams and Montanaro introduce (01-H 5101) An Act relating to towns and cities - relief of injured and deceased firefighters and police officers.

Read and referred to the Committee on Finance.

Representatives Lanzi, S. Anderson, Bierman, Williams and Montanaro introduce (01-H 5102) An Act relating to insurance- accident and sickness insurance policies.

Read and referred to the Committee on Corporations.

Representatives Sherlock, Ginaitt, Naughton, Flaherty, McNamara, Aiken and Knickle introduce (01-H 5103) An Act authorizing additional state aid to municipalities.

Read and referred to the Committee on Finance.

Representatives Sherlock, Ginaitt, Naughton, Flaherty, McNamara, Aiken and Knickle introduce (01-H 5104) An Act relating to taxation -sales and use tax liability and computation.

Read and referred to the Committee on Finance.

Representatives Sherlock, Ginaitt, Naughton, Flaherty, McNamara, Aiken and Knickle introduce (01-H 5105) An Act relating to taxation -motor vehicle rentals.

Read and referred to the Committee on Finance.

Representatives Sherlock, Ginaitt, Naughton, Flaherty, McNamara, Aiken and Knickle introduce (01-H 5106) An Act relating to taxation -situs and ownership of taxable property.

Read and referred to the Committee on Corporations.

Representatives Kennedy, Barr, Coderre, Garvey, Palangio and Caprio introduce (01-H 5107) An Act relating to credit card lending.

Read and referred to the Committee on Corporations.

Representative Lowe introduces (01-H 5108) An Act relating to motor and other vehicles.

Read and referred to the Committee on Finance.

Representatives Gorham, Watson and McCauley introduce (01-H 5109) An Act relating to community antenna television systems.

Read and referred to the Committee on Corporations.

Representatives McNamara, Iwuc, Garvey, Amaral and Reilly introduce (01-H 5110) An Act relating to operation of bicycles.

Read and referred to the Joint Committee on Highway Safety.

Representatives McNamara, Kilmartin, Sherlock, Aiken and Knickle introduce (01-H 5111) An Act relating to corporations - alternative fueled vehicle and filling station tax credit.

Read and referred to the Committee on Finance.

Representatives Schadone, Sullivan, Reilly, Lewiss, Hogan and Corvese introduce (01-H 5112) An Act relating to domestic relations - divorce and separation.

Read and referred to the Committee on Judiciary.

Representatives McNamara and Abdullah-Odiase introduce (01-H 5113) An Act relating to health and safety - pesticide control.

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

Representatives Palumbo and Reilly introduce (01-H 5114) An Act relating to criminal offenses -children.

Read and referred to the Committee on Judiciary.

Representatives Bierman, Cerra, Cicilline, Scott, Murphy, W.J. and several other members of the House introduce (01-H 5115) House Resolution memorializing Congress to study the adoption of national standards for federal elections.

Read and referred to the Committee on Special Legislation.

Representatives Savage, Fleury, Mumford, Malik, Story and several other members of the House introduce (01-H 5116) An Act relating to taxation - personal income tax.

Read and referred to the Committee on Finance.

Representatives Gorham, Mumford, Fleury, Savage, Story and several other members of the House introduce (01-H 5117) House Resolution extending the reporting date of the special House commission to study the feasibility of providing cable television to the town of Foster.

Representative Gorham requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Gorham, seconded by the entire House of Representatives, and by unanimous consent, on a voice vote.

Representative Story introduces (01-H 5118) An Act to vacate the forfeiture or revocation of the charter of Child's Realty Co., Inc.

Representative Story requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Story, seconded by Representative Carter, on a roll call vote, 80 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 80: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Brien, Callahan, Cambio, Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Corvese, Costantino, Crowley, Dennigan, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Hogan, Iwuc, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Maher, Malik, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Palangio, Picard, Fires, Pisaturo, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shavers, Simonian, Slater, Smith, Story, Sullivan, Thompson, Trillo, Vieira, Voccola, Watson, Williams, Williamson, Winfield.

NAYS -0.

TRANSMITTAL


By unanimous consent, (01-H 5118) on the Clerk's desk is ordered to be transmitted to His Excellency, the Governor, and to the Honorable Senate forthwith.

By unanimous consent, the House refers back to New Business.


NEW BUSINESS


Representative Reilly, Honorable Speaker Harwood, Representatives Kilmartin, Moran, Iwuc and several other members of the House introduce (01-H 5119) House Resolution expressing condolences on the passing of Michael Joseph Patrick White.

Representative Reilly requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Reilly, seconded by the entire House of Representatives, and by unanimous consent, on a rising vote.

Representatives Martineau and Watson introduce (01-H 5120) House Resolution extending congratulations.

Representatives Martineau and Watson request unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Martineau, seconded by the entire House of Representatives, and by unanimous consent, on a voice vote.

GUESTS


Representative Lanzi welcomes to the House Chambers as a guest Antonio Guimarres.

Also:

Representative Winfield welcomes to the House Chambers as a guest John Rebello from the Rebello Funeral Home in East Providence.

REQUESTS


Representatives McNamara and Iwuc request the use of Rule 64 at the end of session.

There is no objection.

ANNOUNCEMENTS
Majority Leader Martineau announces that all committees will meet for an organizational meeting. Also any bills reported out of committee today will be put on Tuesday's Calendar. The Majority Leader also announces that there will be no session on Thursday. Also the Majority Leader invites the entire House to celebrate the Honorable Speaker's 49th birthday in the House Lounge. Representative Moura also wishes the Speaker a Happy Birthday. Also Majority Leader Martineau announces that tomorrow seat assignments will be handed out.

Also:

Representative Flaherty announces that the Committee on Judiciary will meet today at the rise of the House in Room 205 of the State House and will reconvene in Room 313.

Also:

Chairman Pires announces that the Committee on Finance will meet in Room 35 of the State House.

Also:

Majority Leader Martineau announces that a photographer will be available in the House Lounge on Wednesday to take photos of the new members for the web site and for their identification badge.

ADJOURNMENT


At 4:33 o'clock P.M. on motion of the Honorable Speaker Harwood and Representative San Bento, and as a further mark of respect to the memory of Genevieve Hodge, mother of former Representative Tom Hodge; on motion of Representative Barr, and as a further mark of respect to the memory of Domenico A. Mastronardi; on motion of Representative Slater, and as a further mark of respect to the memory of Rosemary Glancy; on motion of Representative Rabideau, and as a further mark of respect to the memory of Marie Anne Bessette; on motion of Representative Malik, and as a further mark of respect to the memory of Dorothy McKale Freeman; on motion of Representative Carter, and as a further mark of respect to the memory of Mary Jean Healy; seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION


REPRESENTATIVE MAXINE L. SHAVERS


Heavenly Father, look with favor on our deliberation and assist us by your grace to do what is just and wise. Amen.





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