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. 7 Tuesday, January 23, 2001 Seventh Day


one. The House of Representatives meets at the State House in Providence, Tuesday, January 23, 2001, and is called to order at 4:11 o'clock P.M., by the Honorable John B. Harwood, Speaker.

The roll is called and a quorum is declared present with 97 members present and 2 members absent as follows:

PRESENT - 97; The Honorable Speaker Harwood and Representatives Abdullah.Odiase, Aiken, Ajello, Almeida, 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, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Quick, Rabideau, Reilly, Rose, San Rents, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

ABSENT - 2; Representatives Amaral, Burlingame.

INVOCATION



The Honorable Speaker presents Representative Picard, 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 17, 2001, is approved as printed.

GUEST


At 4:12 o'clock P.M. the Honorable Speaker yields the rostrum to Representative Henseler.

By unanimous consent, Representative Henseler addresses the members of the House and welcomes to the House Admiral Barbara McGann of the United States Navy.

By unanimous consent, Admiral McGann addresses the members of the House.

At 4:18 o'clock P.M. the Honorable Speaker returns to the rostrum.


NEW BUSINESS


Representatives Sullivan, Coelho, Cicilline, Rose, Dennigan and several other members of the House introduce (01-H 5171) An Act relating to cities and towns - telecommunications.

Read and referred to the Committee on Corporations.

Representative Picard introduces (01-H 5172) An Act relating to insurance - comprehensive motor vehicle insurance reparations.

Read and referred to the Committee on Corporations.

Representatives Hogan, Barr, Lewiss, Corvese, Schadone and Lally introduce (01.H 5173) An Act relating to unfair sales practices.

Read and referred to the Committee on Corporations.

Representatives McNamara, Barr, Knickle, Aiken, Sherlock and Flaherty introduce (01.H 5174) An Act relating to airports.

Read and referred to the Committee on Corporations.

Representatives McNamara, Barr, Knickle, Aiken, Sherlock and Flaherty introduce (01-H 5175) An Act relating to aeronautics- Uniform Aeronautics Regulatory Act.

Read and referred to the Committee on Corporations.

Representatives McNamara, Barr, Knickle, Aiken, Sherlock and Flaherty introduce (01-H 5176) An Act relating to situs and ownership of taxable property.

Read and referred to the Committee on Corporations.

Representatives McNamara, Barr, Knickle, Aiken, Sherlock and Flaherty introduce (01-H 5177) An Act relating to airports and landing fields.

Read and referred to the Committee on Corporations.

Representatives McNamara, Knickle, Aiken, Sherlock and Flaherty introduce (01-H 5178) House Resolution respectfully requesting that the Rhode Island Airport Corporation inform all corporate airport tenants that there is a flight curfew between the hours of 12:00 A.M. to 6:00 A.M.

Read and referred to the Committee on Corporations.

Representative Picard introduces (01.H 5179) An Act relating to pharmacy.

Read and referred to the Committee on Corporations.

Representatives San Bento, Lewiss, Giannini, Malik, Moran and several other members of the House introduce (01.H 5180) An Act relating to sales and use taxes - enforcement and collection.

Read and referred to the Committee on Corporations.

Representatives Gallison, Anguilla, Reilly, Sullivan, Vieira and several other members of the House introduce (01-H 5181) An Act relating to commercial law - general regulatory provisions- deceptive trade practices.

Read and referred to the Committee on Corporations.

Representatives Coogan, Dennigan, Sullivan, Coelho, Rose and Carroll introduce (01-H 5182) An Act relating to the General Assembly.

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

Representatives Voccola and Cerra introduce (01-H 5183) An Act relating to the General Assembly - permanent joint committee on naming all new buildings, bridges, edifices, and other state constructions.

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

Representatives Vieira, San Bento, Sullivan, Corvese, Coelho and several other members of the House introduce (01-H 5184) An Act relating to motor vehicles - operators' and chauffeurs' licenses.

Read and referred to the Joint Committee on Highway Safety.

Representative Picard introduces (01-H 5185) An Act relating to private schools.

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

Representatives McNamara, Barr, Knickle, Aiken, Sherlock and Flaherty introduce (01-H 5186) An Act relating to aeronautics- permanent noise monitoring act - aircraft operations monitoring system.

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

Representatives Lanzi, DeSimone, Smith, Pisaturo and S. Anderson introduce (01-H 5187) An Act relating to firefighters' arbitration.

Read and referred to the Committee on Labor.

Representative Faria introduces (01-H 5188) Joint Resolution extending the reporting date of the special legislative commission to study the feasibility of allowing unionized classified employees at all higher education institutions to be able to negotiate directly with Rhode Island Board of Governors.

Read and referred to the Committee on Labor.

Representative Picard introduces (01-H 5189) An Act relating to delinquent and dependent children.

Read and referred to the Committee on Judiciary.

Representatives Lewiss, Aiken, Dennigan, Hogan and Lally introduce (01-H 5190) An Act relating to criminal offenses- sexual assault.

Read and referred to the Committee on Judiciary.

Representatives Lewiss, Fox, Hogan, Lally and Gorham introduce (01-H 5191) An Act relating to real estate probate practice and procedure.

Read and referred to the Committee on Judiciary.

Representatives Shanley, Garvey, Caprio, Carter, Benson and several other members of the House introduce (01-H 5192) An Act relating to motor and other vehicles - driving under the influence.

Read and referred to the Committee on Judiciary.

Representative Pisaturo introduces (01.H 5193) An Act relating to divorce and separation.

Read and referred to the Committee on Judiciary.

Representative Picard introduces (01-H 5194) An Act relating to initiative and referendum.

Read and referred to the Committee on Judiciary.

Representative Picard introduces (01-H 5195) Joint Resolution to approve and publish and submit to the electors a proposition of amendment to the Constitution of the State (initiative and referendum).

Read and referred to the Committee on Judiciary.

Representatives McNamara, Knickle, Aiken, Sherlock and Flaherty introduce (01-H 5196) An Act relating to airports and landing fields.

Read and referred to the Committee on Special Legislation.

Representatives Moura and Williams introduce (01-H 5197) An Act relating to taxation - tax incentive for new home builders.

Read and referred to the Committee on Finance.

Representative Moura introduces (01.H 5198) An Act relating to teachers' and public officers' and employees' retirement and municipal employees.

Read and referred to the Committee on Finance.

Representatives Lanzi, Winfield, Benson, Coderre, Cerra and Lewiss introduce (01.H 5199) An Act relating to disabled American veterans - educational benefits.

Read and referred to the Committee on Finance.

Representative Pisaturo introduces (01.H 5200) Joint Resolution respectfully requesting the Joint Committee on Legislative Services to provide comfortable hearing rooms for each legislative committee.

Read and referred to the Committee on Finance.

Representatives Amaral, Savage, Long, Murphy, Trillo and several other members of the House introduce (01-H 5201) An Act relating to sales tax.

Read and referred to the Committee on Finance.

Representatives McNamara, Knickle, Aiken, Sherlock and Flaherty introduce (01-H 5202) An Act relating to sales and use taxes- liability and computation.

Read and referred to the Committee on Finance.

Representative Picard introduces (01.H 5203) An Act relating to sales and use tax - liability and computation.

Read and referred to the Committee on Finance.

Representative Faria introduces (01-H 5204) An Act relating to public officers and employees - retirement system contributions and benefits.

Read and referred to the Committee on Finance.

Representatives Moura and Palumbo introduce (01-H 5205) An Act relating to labor and labor relations employment security- general provisions.

Representative Moura requests (001-H 5205) be placed on the Calendar for Wednesday, January 24,2001.

There is no objection.

Read and placed on the Calendar for Wednesday, January 24, 2001.

Representatives Henseler, Martineau and Watson introduce (01-H 5206) House Resolution expressing condolences.

Representative Martineau requests 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 rising vote.

Representatives Kennedy, Coderre, Kilmartin, Barr and Martineau introduce (01.H 5207) House Resolution proclaiming January 21-27, 2001 as "Nurse Anesthetists' Week" in Rhode Island.

Representative Kennedy requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Kennedy, seconded by Representative Watson, and by unanimous consent, on a voice vote.

Representative Palumbo introduces (01-H 5208) House Resolution extending the reporting date of the special House commission to study the rapid depletion of finfish in Rhode Island coastal waters.

Representative Palumbo requests unanimous consent for immediate consideration.

There is no objection.

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

CALENDAR


Special Order of Business for Tuesday, January 23, 2001:

1. In accordance with the provisions of Article 10, Section 4, of the Rhode Island Constitution, the Committee on Judiciary recommends advice and consent be given to the appointment of Frank J. Williams as Chief Justice of the Rhode Island Supreme Court.

Representative Flaherty moves advice and consent be given

To this appointment, seconded by Representatives Williamson, W.J. Murphy, Cicilline, Ginaitt, Reilly, Simonian, Martineau, Montanaro, Wasylyk, Brien, Palumbo, Shavers, Sullivan, Carroll, Levesque, Anderson, Anguilla, Moran, Schadone, Garvey, Voccola, Knickle, McNamara, DeSimone, Kilmartin, Hogan, Trillo, Moura, Rabideau, Bierman, W.H. Murphy, Watson, Callahan, Story, Quick, Gorham, Mumford, Fleury, Savage, George, Faria, Cambio, Benson, Coelho, Gallison, Jacquard, Picard, Lima, Tejada, Carter, Cerra, Corvese, Lewiss, Costantino, Caprio, Giannini and Shanley.

Representatives Watson and Cicilline discuss the appointment.

The appointment passes, on a roll call vote, 94 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 94; The Honorable Speaker Harwood and Representatives Abdullah.Odiase, Aiken, Ajello, Almeida, 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, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Pisaturo, Quick, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS -0.

GUEST


By unanimous consent, Representative Garvey welcomes to the House as a guest, Gail Valuk.

ANNOUNCEMENTS


Representative Palumbo presents Senior Deputy Majority Leader Paul Moura with a citation wishing him a Happy "45th" Birthday.

Also:

Representative Kennedy announces that the Committee on Corporations will meet today at the rise of the House in Room 201 of the State House.

Also:

Representative Crowley announces that the Committee on Educational Accountability will meet today at the rise of the House in Room B07 of the State House.

ADJOURNMENT


At 4:33 o'clock P.M. on motion of Representative McNamara, and as a further mark of respect to the memory of Joseph E. Carroll; on motion of Representatives Williamson and Murphy, and as a further mark of respect to the memory of David Denommee; on motion of Representative Hogan, and as a further mark of respect to the memory of Frank Daleppo; on motion of Representative Kilmartin, and as a further mark of respect to the memory of Tom Hosey and Elsie Lynch; on motion of Representative M. Anderson and the Pawtucket delegation, and as a further mark of respect to the memory of Frank Rendine; seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION


REPRESENTATIVE ROGER A. PICARD


Lord, we have been sent to these positions of responsibility by the people. Make us mindful that we are their servants. Give us the wisdom and energy to serve them honestly and well. Amen.

Appendix



CALENDAR


In order for Wednesday, January 24, 2001:

1. (01-H 5205) An Act relating to labor and labor relations- employment security - general provisions.

Ordered on the Calendar.

LOUIS D'ANTUONO
Clerk of the House

Tuesday, January 23, 2001



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