HOUSE JOURNALS - Thursday, April 5, 2001

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. 33 Thursday, April 5, 2001 Thirty-third Day

of January in the year of Our Lord two thousand and one. The House of Representatives meets at the State House in Providence, Thursday, April 5, 2001, and is called to order at 4:00 o'clock P.M., by the Honorable John B. Harwood, Speaker.

The roll is called and a quorum is declared present with 93 members present and 6 members absent as follows:

PRESENT - 93: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, Callahan, Caprio, Carroll, Carter, 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, 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, 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: Representatives Aiken, Burlingame, Cambio, Moran, palangio, Sherlock.

INVOCATION

The Honorable Speaker presents Representative Maher, 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, April 4, 2001, is approved as printed.

ANNOUNCEMENT

Representative Peter T. Ginaitt was out of the state on legislative business and unable to attend session on Tuesday, April 3, 2001.

COMMUNICATION FROM THE SENATE

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

(01-S 155) (Substitute "A") An Act relating to courts and civil procedure - procedure generally causes of action.

Read and referred to the Committee on Judiciary.

(01-S 156) (Substitute "A") An Act relating to criminal offenses- assaults.

Read and referred to the Committee on Judiciary.

(01-S 178) (Substitute "A") An Act relating to courts and civil procedure - judicial nominating commission.

Read and referred to the Committee on Judiciary.

(01-S 193) (Substitute A An Act relating to courts and civil procedure - procedure generally - causes of action.

Read and referred to the Committee on Judiciary.

(01-S 256) An Act relating to health and safety.

Read and referred to the Committee on Judiciary.

(01-S 328) An Act relating to traffic tribunal.

Read and referred to the Committee on Judiciary.

(01-S 342) An Act relating to criminal procedure - indictments, informations and complaints.

Read and referred to the Committee on Judiciary.

(01-S 385) (Substitute "A") An Act relating to the Senate.

Read and referred to the Committee on Judiciary.

(01-S 392) An Act relating to state affairs and government- corrections department.

Read and referred to the Committee on Judiciary.

(01-S 395) An Act relating to medical parole.

Read and referred to the Committee on Judiciary.

(01-S 396 as amended) An Act relating to district court.

Read and referred to the Committee on Judiciary.

(01-S 416) (Substitute "A") An Act relating to criminal procedure.

Read and referred to the Committee on Judiciary.

(01-S 577) An Act relating to courts and civil procedure - procedure generally.

Read and referred to the Committee on Judiciary.

(01-S 794 as amended) An Act relating to health and safety- maternal and child health services.

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

(01-S 892) Joint Resolution proclaiming April 4, 2001 as "Retired Teachers Day in Rhode Island".

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

(01-S 899) Joint Resolution proclaiming May as "Mental Health Month in Rhode Island".

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

REPORTS OF COMMITTEES TRANSFER OF BILLS

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

(01-H 5898) An Act relating to the Department of Health.

Received and referred to the Committee on Finance.

Representative Flaherty, for the Committee on Judiciary, reports back the following measure, with recommendation of transfer to the Committee on Finance:

(01-H 5599) An Act relating to small claims and consumer claims.

Received and referred to the Committee on Finance.

COMMITTEE ON JUDICIARY

Representative Flaherty, for the Committee on Judiciary, reports back the following measures, with recommendation of passage:

(0-H 5042) An Act relating to domestic relations - child custody.

Received and ordered to be placed on the Calendar.

(01-H 5191) An Act relating to real estate probate practice and procedure.

Received and ordered to be placed on the Calendar.

(01-H 5313) (Substitute "A") An Act relating to criminal procedure DNA records.

Received and ordered to be placed on the Calendar.

(01-H 5434) An Act relating to courts and civil procedure -procedure generally - causes of action.

Received and ordered to be placed on the Calendar.

(01-H 5592) (Substitute "A") An Act relating to statutes and statutory construction.

Received and ordered to be placed on the Calendar.

(01-H 5952) (Substitute "A") An Act relating to criminal offenses children.

Received and ordered to be placed on the Calendar.

Representative Flaherty, for the Committee on Judiciary, reports back the following measures, with recommendation of no passage:

(01-H 5193) An Act relating to divorce and separation.

No further action required.

(01-H 5608) An Act relating to domestic relations.

No further action required.

NEW BUSINESS

Representatives Fleury, Williamson and W.J. Murphy introduce (01-H 6308) An Act relating to taxation - levy and assessment of local taxes.

Read and referred to the Committee on Corporations.

Representatives Lowe, Long, Reilly and Picard introduce (01-H 6309) An Act relating to state affairs and government - energy facility siting act.

Read and referred to the Committee on Corporations.

Representatives McCauley, Almeida and Williams introduce (01-H 6310) An Act relating to financial institutions check cashing.

Read and referred to the Committee on Finance.

Representatives Reilly, Dennigan, Carroll, Corvese, Picard and Henseler introduce (01-H 6311) An Act relating to health and safety needlestick safety and injury prevention act.

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

Representatives Garvey, Maher, Levesque, Shanley and McNamara introduce (01-H 6312) An Act relating to mental health, retardation and hospitals penalties for abuse of persons with developmental disabilities.

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

Representatives Menard, Barr, Coderre, Moura, Aiken and Winfield introduce (01-H 6313) Joint Resolution creating a special legislative commission to study commuter rail service.

Representative Menard requests unanimous consent for immediate consideration.

There is no objection.

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

NOTICE OF BILL/RESOLUTION INTRODUCTION

Representative Coderre gives notice that on the next legislative day she will introduce a measure concerning military affairs.

This notice is given in compliance with House Rule 42.

ELAINE A. CODERRE
Representative, District 78

Received and ordered to be placed on file.

CALENDAR

From the Calendar are taken:

I. (01-H 5246) An Act relating to the Department of Corrections.

Committee on Judiciary recommends passage.

Representative W.J. Murphy moves passage of the act, seconded by Representatives Williams, Sullivan, Garvey, McNamara, Brien, Cerra, Vieira, Gallison, Coelho, Benson, Reilly, Shavers and W.N. Murphy.

Representatives Levesque, W.J. Murphy, Palumbo, Cicilline and McNamara discuss the act.

Read and passed, on a roll call vote, 68 members voting in the affirmative and 9 members voting in the negative as follows:

YEAS - 68: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, Callahan, Caprio, Carter, Cerra, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, Faria, Fleury, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Henseler, Hogan, Iwuc, Kennedy, Kilmartin, Lally, Lanzi, Lewiss, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moura, Munschy, Murphy, W.H., Palumbo, Picard, Quick, Reilly, Rose, Savage, Schadone, Scott, Shanley, Shavers, Simonian, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Wasylyk, Watson, Williamson, Winfield.

NAYS - 9: Representatives Ajello, Cicilline, Hetherington, Knickle, Levesque, Long, Murphy, W.J., Pisaturo, Voccola.

2. (01-H5247) An Act relating to criminal procedure - peace officers.

Committee on Judiciary recommends passage.

Read and passed, on motion of Representative Flaherty, seconded by Representative Martineau, on a roll call vote, 78 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 78: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Ajello, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, Callahan, Caprio, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, Faria, Flaherty, Fleury, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Hetherington, Hogan, Iwuc, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Long, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moura, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palumbo, Pisaturo, Quick, Reilly, Rose, Savage, Schadone, Scott, Shanley, Shavers, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williamson, Winfield.

NAYS -O.

3. (01-H5311) An Act relating to residential landlord and tenant act.

Committee on Judiciary recommends passage.

Read and passed, on motion of Representative Flaherty, seconded by Representatives Lewiss, Hogan and Trillo, on a roll call vote, 78 members voting in the affirmative and 2 members voting in the negative as follows:

YEAS - 78: The Honorable Speaker Harwood and Representatives Ajello, Anderson, M., Anderson, S., Anguilla, Benson, Bierman, Brien, Callahan, Caprio, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Ginaitt, Gorham, Henseler, Hetherington, Hogan, Iwuc, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moura, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palumbo, Picard, Pisaturo, Quick, Reilly, Rose, Savage, Schadone, Scott, Shanley, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williamson, Winfield.

NAYS - 2: Representatives Abdullah-Odiase, Shavers.

Representative Lima requests the journal to reflect that if she had voted on the act, she would have voted in the affirmative.

There is no objection.

4. (01-H5312) An Act relating to domestic relations - child support.

Committee on Judiciary recommends passage.

Representative Flaherty moves passage of the act, seconded by Representatives Martineau and Corvese.

Representatives Levesque, Flaherty, Benson and Abdullah-Odiase discuss the act.

Read and passed, on a roll call vote, 69 members voting in the affirmative and Il members voting in the negative as follows:

YEAS - 69: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Amaral, Anderson, M., Anderson, S., Anguilla, Benson, Bierman, Brien, Caprio, Carroll, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Henseler, Hetherington, Hogan, Iwuc, Kennedy, Kilmartin, Lally, Lanzi, Lewiss, Lima, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Montanaro, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palumbo, Picard, Quick, Reilly, Rose, Savage, Schadone, Scott, Shanley, Shavers, Story, Sullivan, Tejada, Thompson, Vieira, Wasylyk, Winfield.

NAYS - 11: Representatives Ajello, Callahan, Knickle, Levesque, Pisaturo, Rabideau, Simonian, Trillo, Voccola, Watson, Williamson.

5. (01-H5607) An Act relating to courts and civil procedure - causes of action.

Committee on Judiciary recommends passage.

Read and passed, on motion of Representative Flaherty, seconded by Representatives Martineau, Corvese, Reilly and Sullivan, on a roll call vote, 77 members voting in the affirmative and 2 members voting in the negative as follows:

YEAS - 77: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Ajello, Amaral, Anderson, M., Anderson, S., Anguilla, Benson, Bierman, Brien, Callahan, Caprio, Carroll, Carter, Cerra, Coderre, Coelho, Corvese, Costantino, Dennigan, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, Giannini, Gorham, Henseler, Hetherington, Hogan, Iwuc, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moura, Mum-ford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palumbo, Picard, Pisaturo, Reilly, Rose, Savage, Schadone, Scott, Shanley, Shavers, Simonian, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williamson, Winfield.

NAYS - 2: Representatives Cicilline, Rabideau.

6. (99-S98 as amended) An Act relating to insurance.

Committee on Corporations recommend passage as amended in concurrence.

Representative Kennedy moves passage of the act, seconded by Representatives Martineau, Coelho, Benson, Lewiss and Shanley.

Representative Levesque discusses the act.

Read and passed, as amended, in concurrence, on a roll call vote, 82 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 82: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Ajello, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, Callahan, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Gorham, Henseler, Hetherington, Hogan, Iwuc, 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, Palumbo, Picard, Pisaturo, Rabideau, Reilly, Rose, Savage, Schadone, Scott, Shanley, Shavers, Simonian, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williamson, Winfield.

NAYS -O.

CONSENT CALENDAR

From the Consent Calendar is taken:

I. (01-H 5343) An Act establishing the Smith-field Land Trust.

Committee on Corporations recommends passage.

Read and passed, on motion of Representative Martineau, seconded by Representatives Watson, 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 Hetherington announces that the Committee on Health, Education and Welfare will meet today at 6:15 o'clock P.M. in Room 135 of the State House.

Also:

Representative Kennedy announces that the Committee on Corporations will meet today at 5:15 o'clock P.M. in Room 203 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 Flaherty announces that the Committee on Judiciary will meet today at the rise of the House in Room 205 of the State House.

ADJOURNMENT

At 4:30 o'clock P.M. on motion of Representative Palumbo, and as a further mark of respect to the memory of David Gayle; on motion of Representative Faria, and as a further mark of respect to the memory of Joe Hunt; on motion of Representative Lewiss, and as a further mark of respect to the memory of Theresa Quattromani and Martin Feldman; on motion of Representative Amaral, and as a further mark of respect to the memory of Patrick Bianci; seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix

INVOCATION

REPRESENTATIVE JOHN H. MAHER

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

TRANSMITTED TO THE GOVERNOR

(01-S 98 as amended) An Act relating to insurance.

Appendix

CALENDAR

In order for Wednesday, April Il, 2001:

I. (01-H 5332) 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".

Appendix

CALENDAR

In order for Thursday, April 12, 2001:

I. (01-H 5313) (Substitute "A") An Act relating to criminal procedure - DNA records.

Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".

2. (01-H5042) An Act relating to domestic relations - child custody.

Committee on Judiciary recommends passage.

3. (01-H5434) An Act relating to courts and civil procedure - procedure generally - causes of action.

Committee on Judiciary recommends passage.

4. (01-H5191) An Act relating to real estate probate practice and procedure.

Committee on Judiciary recommends passage.

5. (01-H5952) (Substitute "A") An Act relating to criminal offenses - children.

Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".

6. (01-H5592) (Substitute "A") An Act relating to statutes and statutory construction.

Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".

LOUIS D'ANTUONO
Clerk of the House

Thursday, April 5, 2001

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