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. 28 |
Tuesday, March 27, 2001 |
Twenty-eighth Day |
of January in the year of Our Lord two thousand and one.
The House of Representatives meets at the State House in Providence, Tuesday, March 27, 2001, and is called to order at 4:15 o'clock P.M., by the Honorable John B. Harwood, Speaker.
The roll is called and a quorum is declared present with 95 members present and 4 members absent as follows:
PRESENT - 95: 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, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, 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 - 4: Representatives Burlingame, Hetherington, Moran, Sherlock.
INVOCATION
The Honorable Speaker presents Representative Lewiss, who delivers the Invocation and leads the membership in the Pledge of Allegiance to the Flag.
(For Invocation, see Appendix, this Journal.)
CORRECTION
By unanimous consent, the House Journal of Thursday, March 22, 2001 is hereby corrected by deleting on page 2, column 2, lines 30-36, and on page 3, column 1, lines 1 and 2.
APPROVAL OF RECORD
By unanimous consent, the House Journal of Thursday, March 22, 2001, is approved as corrected.
EFFECTIVE WITHOUT SIGNATURE OF
THE GOVERNOR
The Honorable Speaker announces receipt by the Secretary of State of the following measure, effective without signature of His Excellency, the Governor:
(01-H 6157) An Act to vacate the forfeiture or revocation of the charter of Furniture Express, Inc., effective March 22, 2001.
EDWARD S. INMAN, III
Secretary of State
Received and ordered to be placed on file.
ANNOUNCEMENT
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
HOUSE OF REPRESENTATIVES
John B. Harwood
Speaker of the House
March 27, 2001
The following Representatives are hereby appointed to the House Rules Committee;
Representative Donald O. Reilly
And
Representative Nancy Hetherington
JOHN B. HARWOOD
Speaker
Received and ordered to be placed on tile.
GUESTS
Representative Lewiss welcomes to the House Chambers as guests Donna Giordano, Westerly Town Clerk, and Kathy Brayman, Clerk, Westerly Board of Canvassers.
PERSONAL PRIVILEGE
By unanimous consent, Representative Abdullah-Odiase addresses the members of the House on a point of personal privilege in regard to a newspaper article.
COMMUNICATION FROM THE SENATE
A message from the Honorable Senate transmits with announcement of passage, of the following measures:
(01-S 237) (Substitute "A") An Act relating to insurance.
Read and referred to the Committee on Corporations.
(01-S 242) An Act relating to insurance -consumer representation at rate hearings.
Read and referred to the Committee on Corporations.
(01-S 243 as amended) An Act relating to lending institutions.
Read and referred to the Committee on Corporations.
(01-S 261) An Act relating to financial institutions.
Read and referred to the Committee on Corporations.
(01-S 269) An Act relating to financial institutions - licensed activities.
Read and referred to the Committee on Corporations.
(01-S 410) An Act relating to financial institutions licensed activities.
Read and referred to the Committee on Corporations.
(01-S 442) An Act relating to licensed activities.
Read and referred to the Committee on Corporations.
(01-S 443) An Act relating to the Rhode Island Uniform Securities Act.
Read and referred to the Committee on Corporations.
(01-S 488) An Act relating to the award of municipal contracts.
Read and referred to the Committee on Corporations.
(01-S 583) (Substitute "A") An Act relating to public utilities and carriers - CATV.
Read and referred to the Committee on Corporations.
(01-S 587 as amended) An Act relating to businesses and professions - real estate brokers and salespersons.
Read and referred to the Committee on Corporations.
(01-S 588 as amended) An Act relating to businesses and professions - solicitation by charitable organizations.
Read and referred to the Committee on Corporations.
(01-S 589) An Act relating to licensed activities.
Read and referred to the Committee on Corporations.
(01-S 290) An Act relating to employment.
Read and referred to the Committee on Labor.
(01-S 413) An Act relating to the Public Utilities Commission.
Read and referred to the Committee on Corporations.
(01-S 537) (Substitute "A") Joint Resolution creating a special legislative commission to study commuter rail service.
Read and referred to the Committee on Special Legislation.
(01-S 686) An Act relating to labor - employment security.
Read and referred to the Committee on Labor.
(01-S 812) An Act relating to solemnization of marriages.
Read and referred to the Committee on Judiciary.
(01-S 825) An Act relating to solemnization of marriages
Read and referred to the Committee on Judiciary.
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 5362) An Act relating to state contractors with private employers providing service personnel.
Received and referred to the Committee on Finance.
(01-H 5494) An Act relating to highways - alterations.
Received and referred to the Committee on Finance.
(01-H 5507) An Act relating to human services.
Received and referred to the Committee on Finance.
(01-H 5755) An Act relating to towns and cities - general powers.
Received and referred to the Committee on Finance.
Representative Cambio, for the Committee on Health, Education and Welfare, reports back the following measure, with recommendation of transfer to the Joint Committee on Environment and Energy:
(01-H 6112) An Act relating to health and safety - health warnings - mercury in fish.
Received and referred to the Joint Committee on Environment and Energy.
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 5795) An Act relating to insurance.
Received and referred to the Committee on Finance.
(01-H 5909) An Act creating the Rhode Island Prescription Drug Reduction Act of 2001.
Received and referred to the Committee on Finance.
NEW BUSINESS
Representatives Palumbo and Moura introduce (01-H 6258) An Act relating to health and safety - licensing of health care facilities.
Read and referred to the Committee on Corporations.
Representative Lowe introduces (01-H 6259) An Act relating to motor and other vehicles - mobile and manufactured homes.
Read and referred to the Committee on Corporations.
Representatives Menard, Barr, Winfield and Vieira introduce (01-H 6260) An Act relating to taxation.
Read and referred to the Committee on Corporations.
Representatives Naughton, Henseler, Carter, Kennedy, George and several other members of the House introduce (01-H 6261) An Act relating to taxation - renewable energy system tax credit.
Read and referred to the Committee on Finance.
Representatives Naughton, Rabideau, Henseler and Kennedy introduce (01-H 6262) An Act relating to water and navigation - the Rhode Island River Council.
Read and referred to the Committee on Finance.
Representative Palumbo introduces (01-H 6263) An Act relating to animals - cruelty to police animals.
Read and referred to the Committee on Judiciary.
Representatives Barr and Rabideau introduce (01-H 6264) An Act relating to alcoholic beverages - transportation of beverages.
Read and referred to the Committee on Special Legislation.
Representative Winfield introduces (01-H 6265) An Act to vacate the forfeiture or revocation of the charter of Pioneer Construction Company, Inc.
Representative Winfield requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Winfield, seconded by Representative Fox, and by unanimous consent, on a roll call vote, 83 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 83: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Amaral, Anderson, M., Anderson, S.. Anguilla, Barr, Benson, Bierman, Brien, Callahan, Caprio, Carter, Cerra, Cicilline, Coderre, Coelho, Costantino, Crowley, Dennigan, DeSimone, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moura, Mumford, Munschy, Murphy, W.J., Naughton, Picard, Pires, Pisaturo, Quick, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Slater, Smith, Story, Tejada, Thompson, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS -0.
NOTICES OF BILL/RESOLUTION
INTRODUCTION
Representative Lowe gives notice that on the next legislative day he will introduce a measure concerning mill building rehabilitation.
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 Kilmartin gives notice that on the next legislative day he will introduce a measure concerning automobile shop.
This notice is given in compliance with House Rule 42.
PETER F. KILMARTIN
Representative, District 80
Received and ordered to be placed on file.
Representative Flaherty gives notice that on the next legislative day he will introduce a measure concerning sheriffs and marshals.
This notice is given in compliance with House Rule 42.
ROBERT E. FLAHERTY
Representative, District 34
Received and ordered to be placed on file.
Representative Trillo gives notice that on the next legislative day he will introduce a measure concerning motor vehicles.
This notice is given in compliance with House Rule 42.
JOSEPH A. TRILLO
Representative, District 36
Received and ordered to be placed on file.
Representative Lowe gives notice that on the next legislative day he will introduce a measure concerning energy facility siting.
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 Naughton gives notice that on the next legislative day she will introduce a measure concerning fish and wildlife licensing.
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 Naughton gives notice that on the next legislative day she will introduce a measure concerning fish and wildlife.
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 Menard gives notice that on the next legislative day he will introduce a measure concerning study commission to study commuter rail service.
This notice is given in compliance with House Rule 42.
RENE R. MENARD
Representative, District 58
Received and ordered to be placed on file.
CONSENT CALENDAR
From the Consent Calendar are taken:
1. (99-S45) 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.
Read and passed, in concurrence, on motion of Representative Martineau, seconded by Representatives Flaherty and Watson, by unanimous consent, on a voice 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.
ANNOUNCEMENTS
Representative Cambio announces that the Committee on Health, Education and Welfare will meet today at the rise of the House in the House Lounge of the State House.
Also:
Representative Coderre 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 Giannini announces that the Committee in Finance, Subcommittee on General Government will meet today at the rise of the House in Room 35 of the State House.
Also:
Representative Faria announces that the Committee on Labor will meet today at the rise of the House in Room 206 of the State House.
Also:
Representative Kennedy announces that the Committee on Corporations will meet today, tomorrow and Thursday at the rise of the House in Room 203 of the State 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 Kilmartin announces that the Committee on House Rules will meet Tuesday, April 3, 2001 at the rise of the House in the House Lounge of the State House.
Also:
Representative Flaherty wishes a Happy 40th Birthday to Representative Palumbo.
ADJOURNMENT
At 4:27 o'clock P.M. on motion of Representative Sullivan, and as a further mark of respect to the memory of June O'Gara, on motion of Representative Montanaro, and as a further mark of respect to the memory of Ann Scriptsack; on motion of Representative Amaral, and as a further mark of respect to the memory of John Friend; seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.
LINDA McELROY
Recording Clerk
Appendix
INVOCATION
REPRESENTATIVE PETER L. LEWISS
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.
TRANSMITTED TO THE GOVERNOR
(01-S 45) Senate Resolution validating and ratifying amendments to the home rule charter of the town of Smithfield.
(01-S 57 as amended) An Act relating to Pascoag Utility District.
(01-S 361) An Act reinstating and restoring forfeited or revoked corporate charters.
(01-S 362) An Act reinstating and restoring forfeited or revoked corporate charters.
(01-S 683) An Act to vacate the forfeiture or revocation of the charter of Orisonte Lounge, Inc.
Appendix
CONSENT CALENDAR
In order for Wednesday, March 28, 2001:
1. (01-S 48) An Act establishing the Smithfield Land Trust.
Committee on Corporations recommends passage in concurrence.
LOUIS D'ANTUONO
Clerk of the House
Tuesday, March 27, 2001
Appendix
CALENDAR
In order for Wednesday, March 28, 2001:
1. (01-S 478 as amended) An Act relating to insurance - workers' compensation insurance.
Committee on Labor recommends passage as amended in concurrence.
LOUIS D'ANTUONO
Clerk of the House
Tuesday, March 27, 2001
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