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. 25 Tuesday, March 20, 2001 Twenty-fifth Day


The House of Representatives meets at the State House in Providence, Tuesday, March 20, 2001, and is called to order at 4:08 o'clock P.M., by the Honorable Thomas J. Winfield, Deputy Speaker.

The roll is called and a quorum is declared present with 95 members present and 4 members absent as follows:

PRESENT - 95; 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, 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.a., 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 - 4; The Honorable Speaker Harwood and Representatives Burlingame, Fleury, Sherlock.

INVOCATION


The Honorable Deputy Speaker presents Representative Williamson, 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, March 14, 2001, is approved as printed.

COMMUNICATION FROM THE SENATE


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

(01-S 136) An Act relating to criminal procedure public defender.

Read and referred to the Committee on Judiciary.

(01-S 143) An Act relating to courts and civil procedure- levy and sale on execution.

Read and referred to the Committee on Judiciary,

(01-S 251) An Act relating to the courts.

Read and referred to the Committee on Judiciary.

(01-S 300) An Act relating to criminal offenses - public utilities.

Read and referred to the Committee on Judiciary.

(01-S 777 as amended) An Act relating to the General Assembly - establishing a permanent joint committee.

Read and referred to the Committee on Corporations.

REPORTS OF COMMITTEES
TRANSFER OF BILLS


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

(01-H 5745) An Act relating to state affairs and government prescription drugs reduction act.

Received and referred to the Committee on Finance.

(01-H 5748) An Act relating to prescription drugs.

Received and referred to the Committee on Finance.

(01-H 5790) An Act relating to towns and cities - city housing authorities.

Received and referred to the Committee on Finance.

(01-H 5955) An Act relating to licensing of health care facilities.

Received and referred to the Committee on Finance.

(01-H 6086) An Act relating to motor vehicles - emissions inspection program.

Received and referred to the Committee on Finance.

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

(01-H 5492) An Act relating to health and safety - health plan modification act.

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

(01-H 5807) An Act relating to insurance.

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

(01-H 6183) An Act relating to insurance coverage for mental illness.

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

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 5164) An Act relating to education -teachers' retirement.

Received and referred to the Committee on Finance.

(01-H 5165) An Act relating to education -teachers' retirement.

Received and referred to the Committee on Finance.

(01-H 5881) An Act relating to health and safety tobacco control.

Received and referred to the Committee on Finance.

(01-H 5923) An Act relating to state affairs and government.

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 45) Senate Resolution validating and ratifying amendments to the home rule charter of the town of Smithfield.

Received and ordered to be placed on the Consent Calendar.

(01-S 57 as amended) An Act relating to Pascoag Utility District.

Received and ordered to be placed on the Consent Calendar.

(01-S 361) An Act reinstating and restoring forfeited or revoked corporate charters.

Received and ordered to be placed on the Consent Calendar.

(01-S 362) An Act reinstating and restoring forfeited or revoked corporate charters.

Received and ordered to be placed on the Consent Calendar.

(01-S 683) An Act to vacate the forfeiture or revocation of the charter of Orisonte Lounge, Inc.

Received and ordered to be placed on the Consent Calendar.


NEW BUSINESS


Representatives Menard and Barr introduce (01-H 6212) An Act relating to education - kindergarten investment fund.

Read and referred to the Committee on Finance.

Representatives Coderre, Henseler, Giannini, Dennigan, Ajello, Slater, Fox and San Bento introduce (01-H 6213) An Act relating to health and safety - school based health centers.

Read and referred to the Committee on Finance.

Representatives Shavers, Crowley, W.H. Murphy, Long, Benson and Gallison introduce (01-H 6214) An Act relating to tourism.

Read and referred to the Committee on Finance.

Representatives Shavers, Crowley, W.H. Murphy, Callahan and Benson introduce (01-H 6215) An Act relating to criminal offenses- public utilities.

Read and referred to the Committee on Finance.

Representatives Shavers, Crowley, Long, W.H. Murphy, Callahan, Benson and Gallison introduce (01-H 6216) An Act relating to state affairs and government.

Read and referred to the Committee on Finance.

Representatives Shavers, Crowley, W.H. Murphy, Callahan, Benson and Gallison introduce (01-H 6217) An Act relating to motor and other vehicles.

Read and referred to the Committee on Finance.

Representatives Shavers, Crowley, W.H. Murphy, Callahan and Benson introduce (01-H 6218) An Act relating to towns and cities - state aid.

Read and referred to the Committee on Finance.

Representatives Sullivan, Faria, Corvese, Moran, Rose and several other members of the House introduce (01-H 6219) An Act relating to criminal procedure sentencing to life imprisonment without parole.

Read and referred to the Committee on Judiciary.

Representatives W.J. Murphy, Williamson, Jacquard, Dennigan, Kilmartin and several other members of the House introduce (01-H 6220) An Act relating to motor and other vehicles -suspension or revocation of licenses.

Read and referred to the Committee on Judiciary.

Representatives Story, Savage and Amaral introduce (01-H 6221) An Act relating to federal aid - school lunch programs.

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

Representatives McNamara and Naughton introduce (01-H 6222) An Act relating to fish and wildlife.

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

Representative Faria introduces (01-H 6223) An Act relating to businesses and professions.

Read and referred to the Committee on Labor.

Representatives Kennedy, Naughton, McCauley, Menard, Ginaitt and Barr introduce (01(H 6224) An Act relating to underground storage tank - financial responsibility.

Read and referred to the Committee on Corporations.

Representative Lowe introduces (01-H 6225) An Act relating to towns and cities.

Read and referred to the Committee on Corporations.

Representatives Shavers, Crowley, W.H. Murphy, Benson and Gallison introduce (01-H 6226) An Act relating to the levy and assessment of local taxes in the city of Newport and town of Middletown and Portsmouth.

Read and referred to the Committee on Corporations.

Representative Barr introduces (01-H 6227) An Act relating to nonprofit hospital service corporations.

Read and referred to the Committee on Corporations.

Representative Barr introduces (01-H 6228) An Act relating to health maintenance organizations.

Read and referred to the Committee on Corporations.

Representative Barr introduces (01-H 6229) An Act relating to health maintenance organizations.

Read and referred to the Committee on Corporations.

Representative Barr introduces (01-H 6230) An Act relating to relocation of utility services.

Read and referred to the Committee on Corporations.

Representative Barr introduces (01-H 6231) An Act relating to health insurance reform.

Read and referred to the Committee on Corporations.

Representative Abdullah-Odiase introduces (01-H 6232) An Act relating to education - rights and duties of teachers.

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

Representatives Abdullah-Odiase and Shavers introduce (01-H 6233) An Act relating to labor and labor relations - ex-offenders' employment program.

Read and referred to the Committee on Labor.

Representatives Cerra, Tejada, Brien, McNamara and Shavers introduce (01-H 6234) House Resolution congratulating Frank Cantone on his 101st birthday on February 20, 2001.



Representative Cerra requests unanimous consent for immediate consideration.

There is no objection.

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

Representative Benson introduces (01-H 6235) An Act to vacate the forfeiture or revocation of the charter of Mike's Auto Body, Inc.

Representative Benson requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Benson, seconded by Representative Carter, on a roll call vote, 72 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 72: Representatives Abdullah.Odiase, Ajello, Almeida, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Brien, Callahan, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, Faria, Flaherty, Fox, Gallison, Garvey, Giannini, Ginaitt, Henseler, Hetherington, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Long, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Palumbo, Picard, Quick, Rabideau, San Bento, Schadone, Shanley, Shavers, Simonian, Slater, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Winfield.

NAYS -0.

Representative Ginaitt introduces (01-H 6236) An Act relating to the General Assembly -Permanent Joint Committee on Environment and Energy.

Representative Ginaitt requests unanimous consent for immediate consideration to place the act on tomorrow's Calendar.

There is objection.

Representatives Ginaitt and Levesque discuss the motion.

Read and referred to the Committee on Corporations.

Representatives Amaral, Levesque and Maher introduce (01-H 6237) An Act relating to the solemnization of marriages.

Representative Amaral requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Amaral, seconded by the entire House of Representatives, and by unanimous consent, on a roll call vote, 84 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 84; Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, Callahan, Cambio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, DeSimone, Faria, Flaherty, Fox, Gallison, Garvey, George, Giannini, Gorham, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Naughton, Palumbo, Picard, Pires, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Simonian, Slater, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS -0.

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 Long gives notice that on the next legislative day he will introduce a measure concerning Rhode Island income tax.

This notice is given in compliance with House Rule 42.

BRUCE J. LONG
Representative, District 95

Received and ordered to be placed on file.

Representative Anguilla gives notice that on the next legislative day he will introduce a measure concerning state aid to municipalities.

This notice is given in compliance with House Rule 42.

FAUSTO C. ANGUILLA
Representative, District 90

Received and ordered to be placed on file.

Representative Naughton gives notice that on the next legislative day she will introduce a measure concerning renewable energy.

This notice is given in compliance with House Rule 42.

EILEEN S. NAUGHTON
Representative, District 32

Received and ordered to be placed on file.

Representative Pires gives notice that on the next legislative day he will introduce a measure concerning financial institutions.

This notice is given in compliance with House Rule 42.

ANTONIO J. PIRES
Representative, District 79

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.

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 McNamara gives notice that on the next legislative day he will introduce an act relating to education.

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 Lowe gives notice that on the next legislative day he will introduce a measure concerning mobile and manufactured homes.

This notice is given in compliance with House Rule 42.

ROBERT B. LOWE
Representative, District 61

Received and ordered to be placed on file.

ANNOUNCEMENTS


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 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 Simonian announces that the Joint Committee on Accounts and Claims will meet tomorrow at 3:30 o'clock P.M. in Room 135 of the State House.

Also:

Representative Faria announces that the Committee on Labor will meet today at the rise of the House in Room 201 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 Slater thanks Representative Cicilline for providing zeppoles to the House membership; and also wishes Representative Giannini a happy 39th birthday.

ADJOURNMENT


At 4:33 o'clock P.M. on motion of Representative Giannini, and as a further mark of respect to the memory of Frederick Lannon; on motion of Representative McCauley, and as a further mark of respect to the memory of Domenic Petrarca; on motion of Representative Bierman, and as a further mark of respect to the memory of Viola Lynch; on motion of Representative Lewiss, and as a further mark of respect to the memory of Richard Richmond; on motion of Representative Williamson, and as a further mark of respect to the memory of Emily Simas; on motion of Representative Williams, and as a further mark of respect to the memory of Harold Ison; on motion of Representative Gallison, and as a further mark of respect to the memory of Joseph Spicola; on motion of Representative Reilly, and as a further mark of respect to the memory of Robert Chaput; seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION


REPRESENTATIVE TIMOTHY A. WILLIAMSON

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

Appendix



CONSENT CALENDAR


In order for Thursday, March 22, 2001:

1. (01-H 5504) House Resolution creating a special House commission to study the designation of Route 14 as an historic highway.

Committee on Corporations recommends passage.

2. (99-S145) Joint Resolution extending the reporting date of the special legislative commission on sustainability.

Committee on Corporations recommends passage in concurrence.

Appendix



CONSENT CALENDAR


In order for Tuesday, March 27, 2001:

1. (01-S 45) Senate Resolution validating and ratifying amendments to the home rule charter of the town of Smithfield.

Committee on Corporations recommends passage in concurrence.

2. (99-S683) An Act to vacate the forfeiture or revocation of the charter of Orisonte Lounge, Inc.

Committee on Corporations recommends passage in concurrence.

3. (99-S362) An Act reinstating and restoring forfeited or revoked corporate charters.

Committee on Corporations recommends passage in concurrence.

4. (99-S361) An Act reinstating and restoring forfeited or revoked corporate charters.

Committee on Corporations recommends passage in concurrence.

5. (99-S57 as amended) An Act relating to Pascoag Utility District.

Committee on Corporations recommends passage as amended in concurrence.

LOUIS D'ANTUONO
Clerk of the House

Tuesday, March 20, 2001

Appendix



CALENDAR


In order for Thursday, March 22, 2001:

1. (01-H 6165) An Act authorizing the Chariho Regional School District to issue not to exceed $55,160,000 general obligation bonds and/or notes to finance the construction of a new high school, the renovation of a portion of the existing high school to convert the high school into an elementary school, additions to and renovations of the Ashaway School and the Hope Valley School, the renovation of the Charlestown School and the Richmond School and the improvement, alteration, repair, furnishing and equipping of such facilities and repealing section 13(1) of the regional school districts enabling legislation.

Committee on Corporations recommends passage.

LOUIS D'ANTUONO
Clerk of the House

Tuesday, March 20, 2001



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