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. 23 |
Tuesday, March 13, 2001 |
Twenty-third Day |
The House of Representatives meets at the State House in Providence, Tuesday, March 13, 2001, and is called to order at 4:07 o'clock P.M., by the Honorable Thomas J. Winfield, Deputy Speaker.
The roll is called and a quorum is declared present with 94 members present and 5 members absent as follows:
PRESENT 94: 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, 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 Bento, Savage, Schadone, Scott, Shanley, Shavers, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.
ABSENT - 6: The Honorable Speaker Harwood, Representatives Burlingame, Hetherington, Lewiss, Sherlock.
INVOCATION
The Honorable Deputy Speaker presents Representative Bierman, 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 Thursday, March 8, 2001, is approved as printed.
ANNOUNCEMENTS
Representative Nancy Hetherington is attending a conference out of town and is unable to attend session today, March 13, 2001.
Also:
Representative Lewiss is unable to attend session today, March 13, as well as March 14 and 15.
EFFECTIVE WITHOUT SIGNATURE OF
THE GOVERNOR
The Honorable Deputy Speaker announces receipt by the Secretary of State of the following measures, effective without signature of His Excellency, the Governor:
(01-H 5061) An Act relating to the establishment of regional school districts - Chariho, effective March 8, 2001.
(01-H 5009) An Act relating to textbooks, effective March 9, 2001.
(01-H 6117) An Act to vacate the forfeiture or revocation of the charter of Casa Fernandes Inc., effective March 9, 2001.
EDWARD S. INMAN, III
Secretary of State
Received and ordered to be placed on file.
COMMUNICATION FROM THE SENATE
A message from the Honorable Senate transmits with announcement of passage, of the following measures:
(01-S 841) An Act reinstating and restoring forfeited or revoked corporate charters.
Read and referred to the Committee on Corporations.
(01-S 842) An Act reinstating and restoring forfeited or revoked corporate charters.
Read and referred to the Committee on Corporations.
GUESTS
Representative Watson welcomes to the House Chambers as guests Patrolman James Woodward, wife Leeann and daughter Caitlyn, Anthony Curcio with fiancee Sherry Carpenter, Chief Lawrence Campion, Captain David Desjarlais and Patrolman Ed Pierce.
Also:
Representatives Voccola and Cerra welcome to the House Chambers as guests from the Ferri Middle School, 2001 East Division Champions and 2001 State Champions, Chelsea Marandola, Jessica Saccoccio, April Maccarone, Megan Jaswell, Kristen Izzo, Christina Hebert, Charly Villareal, Kayla Smith, Krista Clayton, Stefanie Marta, Victoria Cipriano, Alexandria Seropiglia, Nicole Bizzacco, Alyssa Integlia, Rachel Young, Alexandria Castro, Coach Chris Corsinetti and Assistant Coach Brian Crum.
Also:
Representatives Moran and Faria welcome to the House Chambers as guests from Progresso Latino, Alberto Cardona, Project Director; Steven Ortiz, Peer Counselor; Diego Gutierrez, Peer Counselor; and Veronica Casteneda, Peer Counselor.
REPORTS OF COMMITTEE
TRANSFER OF BILL
Representative Pires, for the Committee on Finance, reports back the following measure, with recommendation of transfer to the Committee on Judiciary:
(01-H 5940) An Act relating to public officers and employees.
Received and referred to the Committee on Judiciary.
COMMITTEE ON FINANCE
Representative Pires, for the Committee on Finance, reports back the following measure, with recommendation of passage:
(01-H 5532) An Act relating to tobacco escrow funds.
Representative Pires requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Pires, seconded by the entire House of Representatives, and by unanimous consent, on a roll call vote, 82 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 82: Representatives Abdullah-Odiase, Aiken, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, Cambio, Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Dennigan, DeSimone, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Lima, Long, Lowe, Malik, Martineau, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Rabideau, Reilly, Rose, Savage, Schadone, Scott, Shanley, Shavers, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Voccola, Williams, Williamson, Winfield.
NAYS -0.
NEW BUSINESS
Representatives Giannini, Benson, Coelho and Gallison introduce (01-H 6196) An Act relating to elections - nomination of party and independent candidates.
Read and referred to the Committee on Special Legislation.
Representatives Malik, Iwuc, Munschy, Anguilla and Winfield introduce (01-H 6197) Joint Resolution making an appropriation of $200,000 for the farmers who were excluded from the USDA assistance funds.
Read and referred to the Committee on Finance.
Representatives Iwuc, Brien, Sullivan, Moran, Kilmartin and Jacquard introduce (01-H 6198) An Act relating to criminal procedure.
Read and referred to the Committee on Judiciary.
Representative Cambio introduces (01-H 6199) Joint Resolution requesting the director of the Department of Human Services to conduct a feasibility study of adding smoking cessation therapy as a Medicaid benefit.
Read and referred to the Committee on Health, Education and Welfare.
Representatives George, Henseler, Knickle, Kennedy and Naughton introduce (01-H 6200) An Act relating to businesses and professions- unsolicited telephone sales calls.
Read and referred to the Committee on Corporations.
Representatives Moran, Voccola, Hetherington and Iwuc introduce (01-H 6201) An Act relating to education - residence of children for school purposes.
Read and referred to the Committee on Health, Education and Welfare.
Representatives Watson, George, Faria, Shavers, Carter and several other members of the House introduce (01-H 6202) House Resolution honoring East Greenwich police officer James C. Woodward and Mr, Anthony Curcio for their unselfish courage while rescuing a woman from a burning car.
Representative Watson requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Watson, seconded by the entire House of Representatives, and by unanimous consent, on a voice vote.
Representatives Menard, Barr, Winfield and Vieira introduce (01-H 6203) House Resolution congratulating the Lincoln girls swim team on winning the Rhode Island Interscholastic League state girls team title.
Representative Menard requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Menard, seconded by the entire House of Representatives, and by unanimous consent, on a voice vote.
Representatives Ajello and Dennigan introduce (01-H 6204) House Resolution extending the reporting date of the special House commission to determine the necessity of licensing naturopathic physicians practicing in Rhode Island.
Representative Ajello requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Ajello, seconded by the entire House of Representatives, and by unanimous consent, on a voice vote.
Representative Carter introduces (01-H 6205) An Act to vacate the forfeiture or revocation of the charter of S & K Realty, Inc.
Representative Carter requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Carter, seconded by the entire House of Representatives, and by unanimous consent, on a roll call vote, 85 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 85: Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Bar, Benson, Bierman, Brien, Cambio, Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Dennigan, DeSimone, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lima, Long, Lowe, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Rabideau, Reilly, Rose, Savage, Schadone, Scott, Shanley, Shavers, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Voccola, Wasylyk, Williams, Winfield.
NAYS -0.
NOTICES OF BILL/RESOLUTION
INTRODUCTION
Representative Shavers gives notice that on the next legislative day she will introduce a measure concerning state aid for towns and cities.
This notice is given in compliance with House Rule 42.
MAXINE L. SHAVERS
Representative, District 97
Received and ordered to be placed on file.
Representative Shavers gives notice that on the next legislative day she will introduce a measure concerning motor and other vehicles.
This notice is given in compliance with House Rule 42.
MAXINE L. SHAVERS
Representative, District 97
Received and ordered to be placed on file.
Representative Shavers gives notice that on the next legislative day she will introduce a measure concerning state affairs and government.
This notice is given in compliance with House Rule 42.
MAXINE L. SHAVERS
Representative, District 97
Received and ordered to be placed on file.
Representative Shavers gives notice that on the next legislative day she will introduce a measure concerning city and town, local taxes.
This notice is given in compliance with House Rule 42.
MAXINE L. SHAVERS
Representative, District 97
Received and ordered to be placed on file.
Representative Shavers gives notice that on the next legislative day she will introduce a measure concerning criminal offenses-
public utilities.
This notice is given in compliance with House Rule 42.
MAXINE L. SHAVERS
Representative, District 97
Received and ordered to be placed on file.
Representative Shavers gives notice that on the next legislative day she will introduce a measure concerning relating to tourism.
This notice is given in compliance with House Rule 42.
MAXINE L. SHAVERS
Representative, District 97
Received and ordered to be placed on file.
Representative Sullivan gives notice that on the next legislative day he will introduce a measure concerning life imprisonment without parole.
This notice is given in compliance with House Rule 42.
ROBERT D. SULLIVAN
Representative, District 86
Received and ordered to be placed on file.
Representative Coderre gives notice that on the next legislative day she will introduce a measure concerning school based health centers.
This notice is given in compliance with House Rule 42.
ELAINE A. CODERRE
Representative, District 78
Received and ordered to be placed on file.
Representative Lowe gives notice that on the next legislative day he will introduce a measure concerning town of North Smithfield.
This notice is given in compliance with House Rule 42.
ROBERT B. LOWE
Representative, District 61
Received and ordered to be placed on file.
Representative Cicilline gives notice that on the next legislative day he will introduce a measure concerning government affairs.
This notice is given in compliance with House Rule 42.
DAVID N. CICILLINE
Representative, District 4
Received and ordered to be placed on file.
Representative Cicilline gives notice that on the next legislative day he will introduce a measure concerning charter school.
This notice is given in compliance with House Rule 42.
DAVID N. CICILLINE
Representative, District 4
Received and ordered to be placed on file.
Representative Kennedy gives notice that on the next legislative day he will introduce a measure concerning underground storage tanks.
This notice is given in compliance with House Rule 42.
BRIAN P. KENNEDY
Representative, District 16
Received and ordered to be placed on file.
Representative W.J. Murphy gives notice that on the next legislative day he will introduce a measure concerning suspension or revocation of licenses (motor vehicle).
This notice is given in compliance with House Rule 42.
WILLIAM J. MURPHY
Representative, District 39
Received and ordered to be placed on file.
Representative Menard gives notice that on the next legislative day he will introduce a measure concerning education.
This notice is given in compliance with House Rule 42.
RENE R. MENARD
Representative, District 58
Received and ordered to be placed on file.
Representative Story gives notice that on the next legislative day she will introduce a measure concerning education.
This notice is given in compliance with House Rule 42.
SUSAN A. STORY
Representative, District 88
Received and ordered to be placed on file.
Representative McNamara gives notice that on the next legislative day he will introduce a measure concerning fish and wildlife.
This notice is given in compliance with House Rule 42.
JOSEPH M. McNAMARA
Representative, District 29
Received and ordered to be placed on file.
Representative Barr gives notice that on the next legislative day he will introduce a measure concerning health maintenance organizations.
This notice is given in compliance with House Rule 42.
JOHN DOUGLAS BARR, II
Representative, District 59
Received and ordered to be placed on file.
Representative Barr gives notice that on the next legislative day he will introduce a measure concerning nonprofit hospital services.
This notice is given in compliance with House Rule 42.
JOHN DOUGLAS BARR, II
Representative, District 59
Received and ordered to be placed on file.
Representative Barr gives notice that on the next legislative day he will introduce a measure concerning health maintenance organizations.
This notice is given in compliance with House Rule 42.
JOHN DOUGLAS BARR, II
Representative, District 59
Received and ordered to be placed on file.
Representative Barr gives notice that on the next legislative day he will introduce a measure concerning health insurance reform.
This notice is given in compliance with House Rule 42.
JOHN DOUGLAS BARR, II
Representative, District 59
Received and ordered to be placed on file.
Representative Abdullah-Odiase gives notice that on the next legislative day she will introduce a measure concerning labor and labor relations - ex-offenders employment program.
This notice is given in compliance with House Rule 42.
AISHA ABDULLAH-ODIASE
Representative, District 19
Received and ordered to be placed on file.
CALENDAR
From the Calendar is taken:
1. (01-H5403) An Act relating to Plum Beach Lighthouse.
Committee on Corporations recommends passage.
Representative Benson moves Passage of the act, seconded by Representative Giannini.
By unanimous consent, Representative Benson, seconded by Representative Cambio, offers an oral motion to amend.
The motion to amend prevails on a voice vote.
Read and passed, as amended, on a roll call vote, 86 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 86: Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, Cambio, Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Dennigan, DeSimone, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Gorham, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lima, Long, Lowe, Malik, Martineau, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Rabideau, Reilly, Rose, Savage, Schadone, Scott, Shanley, Shavers, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson.
NAYS -0.
CONSENT CALENDAR
From the Consent Calendar are taken:
1. (99-S152) An Act relating to the 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.
Read and passed, in concurrence, on motion of Representative Martineau, seconded by Representatives Watson and Amaral, and by unanimous consent, on a voice vote.
REQUEST
Representative Amaral requests to exercise Rule 64 at the end of session.
There is no objection.
ANNOUNCEMENTS
Representative Faria announces that the Committee on Labor will meet today at the rise of the House.
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.
Also:
Representative Kennedy announces that the Committee on Corporations will meet today and tomorrow at the rise of the House in Room 203 of the State House.
Also:
Representative Moran announces that the Committee on Special Legislation will meet today at the rise of the House in Room 135 of the State House.
Also:
Representative Rose congratulates Representative Brian Coogan and his wife Heather on the birth of their son Cameron Coogan.
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.
ADJOURNMENT
At 4:32 o'clock P.M. on motion of Representative Mumford, and as a further mark of respect to the memory of Peggy Fiske Cardillo; on motion of Representative Williamson, and as a further mark of respect to the memory of Henry J. Rego; seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.
LINDA McELROY
Recording Clerk
Appendix
INVOCATION
REPRESENTATIVE BROCK D. BIERMAN
Dear God, we are grateful for the privilege of serving in this House of Representatives. Keep us ever mindful that we are here to serve those who elected us and all of the people of Rhode Island. Amen.
TRANSMITTED TO THE GOVERNOR
(01-S 152) An Act relating to the Charlestown Fire District.
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