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. 32 |
Wednesday, April 2001 |
Thirty-second Day |
The House of Representatives meets at the State House in Providence, Wednesday, April 4, 2001, and is called to order at 4:07 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, 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, 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, Crowley, Quick, Sherlock.
INVOCATION
The Honorable Speaker presents Representative Winfield, 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 Tuesday, April 3, 2001, is approved as printed.
CORRECTION
By unanimous consent, the House Journal of Thursday, March 29, 2001, is hereby corrected by recording Representative Menard as being present.
ANNOUNCEMENTS
Representative Joseph P. Moran, III will be out of the state and unable to attend session tomorrow, April 5, 2001.
Also:
Representative Leon F. Tejada will be unable to attend session on April 10, 11 and 12, 2001.
APPROVED BY THE GOVERNOR
The Honorable Speaker announces receipt by the Secretary of State of the following measure, approved and signed by His Excellency, the Governor:
(01-H 5532) An Act relating to tobacco escrow funds, approved March 30, 2001.
EDWARD S. INMAN, III
Secretary of State
Received and ordered to be placed on file.
EFFECTIVE WITHOUT SIGNATURE OF
THE GOVERNOR
The Honorable Speaker announces receipt by the Secretary of State of the following measures, effective without signature of His Excellency, the Governor:
(01-H 5346) An Act to vacate the forfeiture or revocation of the charter of Soldi Manufacturing, Inc., effective March 29, 2001.
(01-H 6205) An Act to vacate the forfeiture or revocation of the charter of S&K Realty, Inc., effective March 29, 2001.
(01-H 5056) An Act relating to solemnization of marriages, effective April 2, 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 199) An Act relating to taxation.
Read and referred to the Committee on Corporations.
(01-S 218) (Substitute "A") An Act relating to mortgages.
Read and referred to the Committee on Corporations.
(01-S 459) An Act relating to taxation levy and assessment of local taxes.
Read and referred to the Committee on Corporations.
(01-S 485 as amended) An Act relating to health and safety-
amusement ride safety act.
Read and referred to the Committee on Corporations.
(01-S 700) Joint Resolution extending the reporting date of the special legislative commission to study an enhanced role for probation and parole.
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 measure, with recommendation of transfer to the Committee on Finance:
(01-H 6121) An Act relating to insurance -insurance coverage for mental illness and chemical dependency.
Received and referred to the Committee on Finance.
Representative Hetherington, for the Committee on Health, Education and Welfare, reports back the following measures, with recommendation of transfer to the Joint Committee on Highway Safety:
(01-H 5282) An Act relating to motor vehicles miscellaneous rules.
Received and referred to the Joint Committee on Highway Safety.
(01-H 6014) An Act relating to motor and other vehicles - miscellaneous rules.
Received and referred to the Joint Committee on Highway Safety.
Representative Hetherington, for the Committee on Health, Education and Welfare, reports back the following measures, with recommendation of transfer to the Committee on Finance: (01-H 5286) An
Act relating to education.
Received and referred to the Committee on Finance.
(01-H 5884) An Act relating to health and safety.
Received and referred to the Committee on Finance.
(01-H 6211) An Act relating to unlicensed complementary and alternative health care.
Received and referred to the Committee on Finance.
(01-H 6221) An Act relating to federal aid -school lunch programs.
Received and referred to the Committee on Finance.
Representative Hetherington, 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 6222) An Act relating to fish and wildlife.
Received and referred to the Joint Committee on Environment and Energy.
Representative Flaherty, for the Committee on Judiciary, reports back the following measures, with recommendation of transfer to the Committee on Finance:
(01-H 5585) An Act relating to state affairs and government-
corrections department.
Received and referred to the Committee on Finance.
(01-H 5827) An Act relating to civil procedure - governmental tort liability.
Received and referred to the Committee on Finance.
(01-H 5828) An Act relating to taxation - tax sales.
Received and referred to the Committee on Finance.
(01-H 5830) An Act relating to criminal records check.
Received and referred to the Committee on Finance.
(01-H 5831) An Act relating to tax liens on real estate.
Received and referred to the Committee on Finance.
(01-H 6151) An Act relating to motor and other vehicles.
Received and referred to the Committee on Finance.
(01-H 6152) An Act relating to motor vehicles - operator's license applications.
Received and referred to the Committee on Finance.
COMMITTEE ON FINANCE
Representative Pires, for the Committee on Finance, reports back the following measure, with recommendation of passage:
(01-H 5131) (Substitute "A") An Act relating to health and safety - safe haven for infants act.
Received and ordered to be placed on the Calendar.
NEW BUSINESS
Representatives Palumbo and Vieira introduce (01-H 6299) An Act relating to motor and other vehicles - leased vehicles-
safety responsibility violations.
Read and referred to the Committee on Corporations.
Representatives Shavers, W.H. Murphy, Benson, Gallison and Abdullah-Odiase introduce (01-H 6300) House Resolution urging the Governor to fully fund the state pilot program.
Read and referred to the Committee on Finance.
Representative Flaherty introduces (01-H 6301) An Act relating to alcoholic beverages.
Read and referred to the Committee on Judiciary.
Representatives Palumbo, Gallison, Malik, Anguilla, Naughton and several other members of the House introduce (01-H 6302) House Resolution strongly urging the Rhode Island Attorney General pursuant to RIGL 42-9-3, 42-9-4, and 10-20-1 to initiate legal action against PG&E's Brayton Point Power Plant for pollution to Mount Hope Bay.
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.
Representatives Henseler, Benson, Sullivan, Coderre, Giannini and several other members of the House introduce (01-H 6303) House Resolution proclaiming April 4, 2001 as "Retired Teachers Day in Rhode Island".
Representative Henseler requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Henseler, seconded by the entire House of Representatives, and by unanimous consent, on a voice vote.
Representatives Gallison, Malik, Palumbo, Anguilla, Levesque and Amaral introduce (01-H 6304) House Resolution respectfully requesting that the Rhode Island congressional delegation strongly urge the Federal Environmental Protection Agency to investigate the polluting of Mount Hope Bay by PG&E's Brayton Point Power Plant.
Representative Gallison requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Gallison, seconded by the entire House of Representatives, and by unanimous consent, on a voice vote.
Representatives Cerra, Cambio, Voccola, Brien, Corvese and several other members of the House introduce (01-H 6305) House Resolution honoring Madeline Jones on being the first woman Senior Counselor of United Commercial Travelers of America.
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.
Representatives Martineau and Watson introduce (01-H 6306) 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.
Representative McNamara introduces (01-H 6307) House Resolution congratulating Joseph and Dorothy Carroll on the joyous occasion of their 50th Wedding Anniversary.
Representative McNamara requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative McNamara, seconded by the entire House of Representatives, and by unanimous consent, on a voice vote.
NOTICES OF BILL/RESOLUTION
INTRODUCTION
Representative George 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.
MYRNA C. GEORGE
Representative, District 31
Received and ordered to be placed on file.
Representative Naughton gives notice that on the next legislative day she will introduce a measure concerning Narragansett Bay oyster restoration.
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 the World War II Memorial Commission.
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 Iwuc gives notice that on the next legislative day he will introduce a measure concerning criminal offenses.
This notice is given in compliance with House Rule 42.
DAVID S. IWUC
Representative, District 68
Received and ordered to be placed on file.
GUESTS
Representatives Benson and Sullivan welcome to the House Chambers as guests, retired teachers Edna Snow, Doris Slattery, M. Frances Campbell, Thelma Rocha, President, RIRTA, George Donovan and Arnold Durfee.
Also:
Representative W.H. Murphy welcomes to the House Chambers as a guest Muhammad Yunas, sophomore at the University of Rhode Island, with a major in political science and minor in business and international development, who is originally from Long Island, New York.
CALENDAR
From the Calendar are taken:
1. (01-H5328) An Act relating to criminal offenses - theft detection shielding devices.
Committee on Judiciary recommends passage.
Read and passed, on motion of Representative Flaherty, seconded by Representatives Martineau, Sullivan and Carroll, 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, Carroll, Carter, Cerra, Coderre, Coelho, Coogan, Corvese, Costantino, Dennigan, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Gorham, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Long, Maher, Malik, Martineau, McCauley, McNamara, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palumbo, Picard, Pires, Pisaturo, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS -0.
2. (01-H5043) An Act relating to criminal procedure - payment of traffic fines.
Committee on Judiciary recommends passage.
Read and passed, on motion of Representative Flaherty, seconded by Representatives W.J. Murphy, Kilmartin and Carroll, 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, Carroll, Carter, Cerra, Coderre, Coelho, Coogan, Corvese, Costantino, Dennigan, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Gorham, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Lally, Lanzi, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palumbo, Picard, Pires, Pisaturo, Rabideau, Reilly, Rose, Savage, Schadone, Scott, Shanley, Shavers, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS -0.
AFFIDAVIT
I, Charles J. Levesque, State Representative, District 93, hereby under oath, depose and say:
1. I expect to be called upon, in my capacity as State
Representative, to participate in the consideration of, and vote upon: (01-H 5146).
2. I have the following interest in the matter listed under paragraph 1, above:
Office represents individual charged with assault on EMT.
3. In compliance with Section 36-14-6(1) & (2)A of the General Laws, I hereby request the Speaker of the House of Representatives to excuse me from voting on or participating in the consideration of the matter described in paragraph 1, above.
CHARLES J. LEVESQUE
Representative, District 93
State of Rhode Island County of Providence
Subscribed and sworn to before me this 4th day of April, A.D. 2001.
FAUSTO C. ANGUILLA
Notary Public
Representative Levesque is excused from voting on or participating in the consideration of the matter described in paragraph 1, above.
JOHN B. HARWOOD
Speaker of the House of Representatives
CALENDAR
3. (01-H5146) An Act relating to criminal offenses - assault.
Committee on Judiciary recommends passage.
Read and passed, on motion of Representative Flaherty, seconded by Representatives Lima, Gallison, Coelho, Reilly, Carroll and Shavers, on a roll call vote, 76 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 76: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, Callahan, Caprio, Carroll, Carter, Cerra, Coderre, Coelho, Coogan, Corvese, Costantino, Dennigan, Faria, Fleury, Fox, Gallison, Garvey, George, Giannini, Gorham, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Lally, Lanzi, Lewiss, Lima, Long, Lowe, Maher, McCauley, McNamara, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Palumbo, Picard, Pires, Pisaturo, Rabideau, Reilly, Rose, Savage, Schadone, Scott, Shanley, Shavers, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Wasylyk, Williamson, Winfield.
NAYS -0.
4. (01-H6008) An Act relating to state affairs and government-
Corrections Department.
Committee on Judiciary recommends passage.
Read and passed, on motion of Representative Flaherty, seconded by Representatives W.J. Murphy, Corvese, Aiken, Shanley, Carroll and Sullivan, on a roll call vote, 83 members voting in the affirmative and 2 members voting in the negative as follows:
YEAS - 83: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, Callahan, Caprio, Carroll, Carter, Cerra, Cicilline, Coelho, Coogan, Corvese, Costantino, Dennigan, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palumbo, Picard, Pires, Pisaturo, Rabideau, Reilly, Rose, Savage, Schadone, Scott, Shanley, Shavers, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS - 2: Representatives Gorham, Menard.
5. (01-H5332) An Act relating to domestic relations - child support lien act.
Committee on Judiciary recommends passage.
Read, and by unanimous consent ordered to be placed on the Calendar for Wednesday, April 11, 2001.
6. (01-H5613) An Act relating to adoption of children.
Committee on Judiciary recommends passage.
Read, and by unanimous consent ordered to be placed on the Calendar for Wednesday, April 11, 2001.
CONSENT CALENDAR
From the Consent Calendar are taken:
1. (99-S841) An Act reinstating and restoring forfeited or revoked corporate charters.
Committee on Corporations recommends passage in concurrence.
2. (99-S842) An Act reinstating and restoring forfeited or revoked corporate charters.
Committee on Corporations recommends passage in concurrence.
Read and passed, in concurrence, on motion of Representative Martineau, seconded by Representative Flaherty, and 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 Kennedy announces that the Committee on Corporations will meet today at the rise of the House in Room 203 of the State House.
Also:
Representative Hetherington announces that the Committee on Health, Education and Welfare will meet today at the rise of the House in Room 135 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 Moran announces that the Committee on Special Legislation will meet today at the rise of the House in the House Lounge of the State House.
Also:
Majority Leader Martineau announces that the deadline for the committee consideration for House Bills will be extended to Wednesday, April 11,2001.
ADJOURNMENT
At 4:33 o'clock P.M. on motion of Representative Ginaitt, and as a further mark of respect to the memory of Mark Canton; on motion of Representative Lewiss, and as a further mark of respect to the memory of Merle Thorp; on motion of Representative Garvey, and as a further mark of respect to the memory of Everett Cook; on motion of Representative Reilly, and as a further mark of respect to the memory of Mary A. Nobrega; seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.
LINDA McELROY
Recording Clerk
Appendix
INVOCATION
REPRESENTATIVE THOMAS J. WINFIELD
Thank you God for Your presence here with us, and Your blessings on this Assembly, today and every day. Amen.
TRANSMITTED TO THE GOVERNOR
(01-S 841) An Act reinstating and restoring forfeited or revoked corporate charters.
(01-S 842) An Act reinstating and restoring forfeited or revoked corporate charters.
Appendix
CONSENT CALENDAR
In order for Thursday, April 5, 2001:
1. (01-H 5343) An Act establishing the Smithfield Land Trust.
Committee on Corporations recommends passage.
LOUIS D'ANTUONO
Clerk of the House
Wednesday, April 4, 2001
Appendix
CALENDAR
In order for Thursday, April 5, 2001:
1. (01-H 5246) An Act relating to the Department of Corrections.
Committee on Judiciary recommends passage.
2. (01-H5247) An Act relating to criminal procedure peace officers.
Committee on Judiciary recommends passage.
3. (01-H5311) An Act relating to residential landlord and tenant act.
Committee on Judiciary recommends passage.
4. (01-H5312) An Act relating to domestic relations - child support.
Committee on Judiciary recommends passage.
5. (01-H5607) An Act relating to courts and civil procedure-
causes of action.
Committee on Judiciary recommends passage.
6. (99-S98 as amended) An Act relating to insurance.
Committee on Corporations recommend passage as amended in concurrence.
Appendix
CALENDAR
In order for Wednesday, April 11, 2001:
1. (01-H5332) An Act relating to domestic relations - child support lien act.
Committee on Judiciary recommends passage.
2. (01-H5613) An Act relating to adoption of children.
Committee on Judiciary recommends passage.
3. (01-H5131) (Substitute "A") An Act relating to health and safety - safe haven for infants act.
Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A".
LOUIS D'ANTUONO
Clerk of the House
Wednesday, April 4, 2001
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