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. 20 Thursday, March 1, 2001 Twentieth Day


The House of Representatives meets at the State House in Providence, Thursday, March 1, 2001, and is called to order at 4:10 o'clock P.M., by the Honorable Thomas Winfield, Deputy Speaker.

The roll is called and a quorum is declared present with 92 members present and 7 members absent as follows:

PRESENT - 92: 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, 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, Knickle, Lally, Lanzi, Levesque, Lewiss, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Quick, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williamson, Winfield.

ABSENT - 7: Representatives Burlingame, Carter, Kilmartin, Lima, Mumford, Sherlock, Williams.

INVOCATION


The Honorable Deputy Speaker presents Representative Cerra, 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, February 28, 2001, is approved as printed.

CORRECTION


By unanimous consent, the House Journal of Tuesday, February 27, 2001 is hereby corrected by recording Representative Crowley as being present.

PERSONAL PRIVILEGE



By unanimous consent, Representative Cicilline addresses the members of the House on a point of personal privilege.

COMMUNICATION


The Honorable Deputy Speaker announces the receipt of the following communication:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

HOUSE OF REPRESENTATIVES


March 1, 2001

The Honorable John B. Harwood
Speaker of the House of Representatives
323 State House
Providence, RI 02903

Dear Speaker Harwood:

I will be out of state on Tuesday, March 6,2001 and therefor unable to attend the General Assembly session on that day.

Sincerely,

ROBERT A. WATSON
House Minority Leader

Received and ordered to be placed on file.

GUESTS


Representatives Barr, Winfield and Menard welcome to the House Chambers as guests, Lincoln Brownie Troop 1041, Katelyn Barr, Christina Bertorelli, Katherine Coutu, Nicolette Fish, Amanda Fratus, Ashley Gemma, Kristin Gemma, Melissa Gemma, Dominique Harding, Barbara Jackson, Ariana Lefebvre, Lindsay Martin, Alyssa McCoart, Emily Murphy, Erin Sharkey, Jamie Swanberg, and Marissa Walsh.

Also:

Representative M. Anderson welcomes to the House Chambers as guests, Dr. Gail Fowler Mohanty, Executive Director, Slater Mill, and Debra Teixeira, Development Coordinator, Slater Mill.

COMMUNICATION FROM THE SENATE


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

(01-S 123) An Act relating to holidays and days of special observance.

Read and referred to the Committee on Special Legislation.

REPORTS OF COMMITTEES

TRANSFER OF BILLS


Representative Cambio, for the Committee on Health, Education and Welfare, reports back the following measures, with recommendation of transfer to the Committee on Finance:

(01-H 5894) An Act relating to smoking in public places.

Received and referred to the Committee on Finance.

(01-H 5903) An Act relating to education private schools.

Received and referred to the Committee on Finance.

(01-H 5908) An Act relating to the Department of Human Services- truancy outreach systems.

Received and referred to the Committee on Finance.

COMMITTEE ON CORPORATIONS


Representative Kennedy, for the Committee on Corporations, reports back the following measures, with recommendation of passage:

(01-S 152) An Act relating to the Charlestown Fire District.

Received and ordered to be placed on the Consent Calendar.

(01-S 3) An Act relating to levy and assessment of local taxes.

Received and ordered to be placed on the Consent Calendar.

(01-H 5403) An Act relating to Plum Beach Lighthouse.

Received and ordered to be placed on the Calendar.


NEW BUSINESS


Representative Fleury introduces (01-H 6130) An Act relating to education.

Read and referred to the Committee on Finance.

Representatives Tejada, Williams, Slater and Almeida introduce (01-H 6131) An Act relating to education - transitional bilingual education.

Read and referred to the Committee on Finance.

Representative Iwuc introduces (by request) (01-H 6132) An Act relating to state affairs and government - municipal police- incentive pay.

Read and referred to the Committee on Corporations.

Representatives Palangio, Lanzi, Moura, Palumbo and Reilly introduce (01-H 6133) An Act relating to towns and cities- benefits for firefighters.

Read and referred to the Committee on Corporations.

Representatives Palangio and Reilly introduce (01-H 6134) An Act relating to health and safety - health care accessibility and quality assurance act.

Read and referred to the Committee on Corporations.

Representatives Palangio and Reilly introduce (01-H 6135) An Act relating to health and safety.

Read and referred to the Committee on Corporations.

Representatives Palangio and Reilly introduce (01-H 6136) An Act relating to regulation of third party health insurance administrators.

Read and referred to the Committee on Corporations.

Representatives Palangio and Reilly introduce (01-H 6137) An Act relating to insurance -hospital service corporations and medical service corporations.

Read and referred to the Committee on Corporations.

Representatives Fox, Abdullah-Odiase, Shavers, Benson, Cicilline, Almeida and Costantino introduce (01-H 6138) An Act relating to state affairs and government - Rhode Island police accreditation advisory commission act.

Read and referred to the Committee on Judiciary.

Representatives Fox, Shavers, Abdullah-Odiase, Benson, Cicilline, Costantino and Almeida introduce (01-H 6139) An Act relating to state affairs and government.

Read and referred to the Committee on Judiciary.

Representatives Palangio and Reilly introduce (01-H 6140) An Act relating to Superior Court practice.

Read and referred to the Committee on Judiciary.

Representatives Lowe introduce (01-H 6141) An Act relating to criminal procedure - victim's rights.

Read and referred to the Committee on Judiciary.

Representative Abdullah-Odiase introduces (01-H 6142) An Act relating to courts and civil procedure - procedure generally- causes of action.

Read and referred to the Committee on Judiciary.

Representatives Palangio, Lanzi, Moura, Palumbo and Reilly introduce (01-H 6143) An Act relating to towns and cities benefits for fire fighters.

Read and referred to the Committee on Labor.

Representatives Palangio, Lanzi, Moura, Palumbo and Reilly introduce (01-H 6144) An Act relating to relief of firefighters and police officers.

Read and referred to the Committee on Labor.

Representatives Smith, Cambio, Fox, Costantino and Malik introduce (01-H 6145) An Act relating to education.

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

Representative McNamara introduces (01-H 6146) An Act relating to health and safety maternal and child health services for children with special health care needs.

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

Representatives Gallison, W.J. Murphy, Shavers, Iwuc, Corvese, Williamson and Menard introduce (01-H 6147) An Act relating to motor and other vehicles - driver education.

Read and referred to the Joint Committee on Highway Safety.

Representative Kilmartin introduces (01-H 6148) Joint Resolution making an appropriation of $198.40 to pay the claim of Peter D. Allard of 61 Mendon Avenue, Pawtucket, Rhode Island 02861.

Read and referred to the Joint Committee on Accounts and Claims.

Representatives Lally and Shanley introduce (01-H 6149) Joint Resolution making an appropriation of $500.00 to pay the claim of Anne B. Crolius of 3946 Tower Hill Road, Wakefield, Rhode Island 02879.

Read and referred to the Joint Committee on Accounts and Claims.

Representative Kilmartin introduces (01-H 6150) An Act relating to the relief of injured and deceased fire fighters and police officers.

Read and referred to the Committee on Finance.

Representative Kilmartin introduces (01-H 6151) An Act relating to motor and other vehicles.

Read and referred to the Committee on Judiciary.

Representative Kilmartin introduces (01-H 6152) An Act relating to motor vehicles -operator's license applications.

Read and referred to the Committee on Judiciary.

Representatives Voccola and Slater introduce (01-H 6153) An Act relating to registration of vehicles.

Read and referred to the Committee on Special Legislation.

Representatives George, Henseler, Fox, Faria, Simonian and several other members of the House introduce (01-H 6154) House Resolution respectfully requesting all state departments that use any radio frequencies in Rhode Island to refrain from using personal social security numbers.

Representative George requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Tejada, Abdullah-Odiase, Faria, Shavers, Slater, Amaral and several other members of the House introduce (01-H 6155) House Resolution commemorating the 157th Anniversary of Dominican Republic Independence on February 27, 2001.

Representative Tejada requests unanimous consent for immediate consideration.

There is no objection.

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

Representative Giannini introduces (01-H 6156) House Resolution creating a special House commission to study motor vehicle noise pollution.

Representative Giannini requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Giannini, seconded by Representative Martineau, on a roll call vote, 76 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 76: Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, Callahan, Cambio, Caprio, Carroll, Cerra, Cicilline, Coelho, Coogan, Corvese, Costantino, DeSimone, Flaherty, Fox, Gallison, Garvey, George, Giannini, Gorham, Henseler, Hetherington, Hogan, Iwuc, Kennedy, Knickle, Lally, Lanzi, Levesque, Lewiss, Long, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Munschy, Murphy, W.H., Murphy, W.J., Palangio, Palumbo, Picard, Pisaturo, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Simonian, Smith, Story, Sullivan, Thompson, Trillo, Vieira, Wasylyk, Watson, Williamson.

NAYS -0.

Representative Pires introduces (01-H 6157) An Act to vacate the forfeiture or revocation of the charter of Furniture Express, Inc.

Representative Pires requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Pires, seconded by Representatives Martineau, on a roll call vote, 76 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 76: Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, Callahan, Cambio, Caprio, Carroll, Cerra, Cicilline, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Flaherty, Fleury, Fox, Gallison, Garvey, Giannini, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Knickle, Lally, Lanzi, levesque, Lewiss, Long, Lowe, Maher, Malik, McNamara, Montanaro, Moran, Moura, Munschy, Murphy, W.H., Murphy, W.J., Palangio, Palumbo, Picard, Pires, Pisaturo, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Wasylyk, Watson, Williamson, Winfield.

NAYS -0.

Representatives Martineau and Watson introduce (01-H 6158) House Resolution proclaiming March, 2001 as "Mental Retardation Awareness Month" in the State of Rhode Island.

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 voice vote.

Representatives Martineau and Watson introduce (01-H 6159) House Resolution extending congratulations.

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 voice vote.

Representatives Martineau and Watson introduce (01-H 6160) House Resolution extending 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.

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.


NOTICES OF BILL/RESOLUTION

INTRODUCTION


Representative Garvey gives notice that on the next legislative day he will introduce a measure concerning criminal background checks.

This notice is given in compliance with House Rule 42.

EUGENE F. GARVEY
Representative, District 81

Received and ordered to be placed on file.

Representative Lally gives notice that on the next legislative day he will introduce a measure concerning DEM.

This notice is given in compliance with House Rule 42.

DONALD J. LALLY, JR.
Representative, District 48

Received and ordered to be placed on file.

Representative Amoral gives notice that on the next legislative day he will introduce a measure concerning child care providers.

This notice is given in compliance with House Rule 42.

JOSEPH N. AMARAL
Representative, District 92

Received and ordered to be placed on file.

Representative Lanzi gives notice that on the next legislative day she will introduce a measure concerning alcoholic beverages retail licenses.

This notice is given in compliance with House Rule 42.

BEATRICE A. LANZI
Representative, District 22 Received and ordered to be placed on file.

Representative Ginaitt gives notice that on the next legislative day he will introduce a measure concerning the rights of the terminally ill.

This notice is given in compliance with House Rule 42.

PETER T. GINAITT
Representative, District 33

Received and ordered to be placed on file.

Representative Ginaitt gives notice that on the next legislative day he will introduce a measure concerning motor vehicles- child restraints.

This notice is given in compliance with House Rule 42.

PETER T. GINAITT
Representative, District 33

Received and ordered to be placed on file.

ADJOURNMENT


At 4:34 o'clock P.M. on motion of Representative McNamara, and as a further mark of respect to the memory of Roy MacKenzie; on motion of Representative Fox, and as a further mark of respect to the memory of Edna Lowe; on motion of Representative Sullivan, and as a further mark of respect to the memory of Cheryl Walsh; on motion of Representative Hogan, and as a further mark of respect to the memory of Alfredo DeKeulandere; on motion of Representative San Bento, and as a further mark of respect to the memory of Patricia Hunt; seconded by Representatives Martineau and Callahan, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION


REPRESENTATIVE MARY CERRA


Heavenly Father, we thank thee for the bountiful blessings of yesterday. We recognize your power and presence this day. Tomorrow is in the hands. With this knowledge we rest in thee. Amen.

Appendix



CONSENT CALENDAR


In order for Wednesday, March 7, 2001:

1. (01-H 5346) An Act to vacate the forfeiture or revocation of the charter of Soldi Manufacturing, Inc.

Committee on Corporations recommends passage.

2. (01-H 5421) An Act relating to taxation -new real estate construction - Tiverton.

Committee on Corporations recommends passage.

3. (01-H5342) An Act validating and ratifying amendments to the home rule charter of the town of Smithfield.

Committee on Corporations recommends passage.

4. (99-S168) An Act reinstating and restoring forfeited or revoked corporate charters.

Committee on Corporations recommends passage in concurrence.

Appendix

CONSENT CALENDAR In order for Thursday, March 8, 2001:

1. (99-S152) An Act relating to Charlestown Fire District.

Committee on Corporations recommends passage in concurrence.

2. (99-S3) An Act relating to levy and assessment of local taxes.

Committee on Corporations recommends passage in concurrence.

LOUIS D'ANTUONO
Clerk of the House

Thursday, March 1, 2001

Appendix



CALENDAR


In order for Wednesday, March 7, 2001: 1. (01-H 6099) An Act relating to the General the Assembly establishing a permanent joint committee.

Committee on Finance recommends passage.

2. (01-H5783) An Act relating to insurance.

Committee on Corporations recommends passage.

Appendix

CALENDAR In order for Thursday, March 8, 2001:

1. (01-H5403) An Act relating to Plum Beach Lighthouse.

Committee on Corporations recommends passage.

LOUIS D'ANTUONO
Clerk of the House

Thursday, March 1, 2001



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