HOUSE JOURNALS -

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. 41 Thursday, May 3, 2001 Forty-first 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, May 3, 2001, and is called to order at 4:15 o'clock P.M., by the Honorable John 8. Harwood, Speaker.

The roll is called and a quorum is declared present with 93 members present and 7 members absent as follows:

PRESENT - 93.. 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, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Gorham, Guthrie, 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, Palumbo, Picard, Pires, Pisaturo, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

ABSENT - 7; Representatives Burlingame, Coelho, Ginaitt, Palangio, Quick, Rabideau, Scott.

INVOCATION

The Honorable Speaker presents Representative Fleury, 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, May 2, 2001, is approved as printed.

REPORTS OF COMMITTEE TRANSFER OF BILLS

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

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

Received and referred to the Committee on Finance.

(01-H 5135) An Act relating to criminal procedure - expungement of criminal records.

Received and referred to the Committee on Finance.

(01-H 5586) An Act relating to criminal offenses -children.

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 Health, Education and Welfare:

(01-S 127) (Substitute "A") An Act relating to motor and other vehicles - miscellaneous rules.

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

COMMITTEE ON JUDICIARY

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

(01-S 812) An Act relating to solemnization of marriages.

Received and ordered to be placed on the Calendar.

(01-S 825) An Act relating to solemnization of marriages.

Received and ordered to be placed on the Calendar.

NEW BUSINESS

Representatives Simonian, Jacquard, Lima and Palumbo introduce (01-H 6380) An Act relating to towns and cities redevelopment agencies.

Read and referred to the Committee on Corporations.

Representatives Ginaitt, Naughton, Moura, Fox, Giannini, Lima and Cicilline introduce (01-H 6381) House Resolution respectfully requesting the U.S. Army Corps of Engineers to dredge the Providence River Chanel and Harbor to the authorized forty foot depth.

Read and referred to the Joint Committee on Environment and Energy.

Representatives Gallison, Rose, Malik, Coogan, Crowley and several other members of the House introduce (01-H 6382) House Resolution creating a special House commission to study the feasibility of acquiring the United States Navy surplus oil storage tank farms.

Read and ordered to be placed on the Calendar.

Representatives Gallison, Martineau, Harwood, Menard, Henseler, Winfield and Malik introduce (01-H 6383) House Resolution congratulating State Representative Fausto C. Anguilla on receiving the Labella Sicilia Society's "2001 Italian Heritage Award".

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 Sullivan, Moran, Corvese and Vieira introduce (01-H 6384) House Resolution proclaiming May 14-20, 2001 as "National Police Week" and May 15, 2001 as "National Police Memorial Day".

Representative Sullivan requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Sullivan, seconded by Representative Moran and other police officials, and by unanimous consent, on a voice vote.

The Honorable Speaker Harwood introduces (01-H 6385) House Resolution honoring Professor Elton Rayack on a distinguished career and on the kick-off of the Professor Elton Rayack Scholarship Drive.

Speaker John Harwood requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Iwuc, Malik, Munschy, Inman, Wasylyk and Coogan introduce (01-H 6386) House Resolution proclaiming May 3, 2001 Polish Constitution Day in Rhode Island.

Representative Iwuc requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Kennedy, Watson and Martineau introduce (01-H 6387) House Resolution celebrating the fiftieth anniversary of the Reserve Officers' Training Corps (ROTC) program at Providence College.

Representative Kennedy requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Martineau and Watson introduce (01-H 6388) House Resolution extending congratulations.

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 voice vote.

Representatives Martineau and Watson introduce (01-H 6389) 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.

NOTICES OF BILL/RESOLUTION
INTRODUCTION

Representative Corvese gives notice that on the next legislative day he will introduce a measure concerning special legislative commission.

This notice is given in compliance with House Rule 42.

ARTHUR J. CORVESE
Representative, District 71

Received and ordered to be placed on file.

Representative Fox gives notice that on the next legislative day he will introduce a measure concerning psychiatric and mental health nurse.

This notice is given in compliance with House Rule 42.

GORDON FOX
Representative, District 5

Received and ordered to be placed on file.

CALENDAR

From the Calendar are taken:

8. (01-H 5079) (Substitute "A") An Act making revised appropriations for the support of the state for the fiscal year ending June 30, 2001.

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

Representative Pires moves passage of the act, seconded by Representatives George, Crowley, Faria, Fox, Giannini, Carter, Sherlock, San Bento, Kilmartin, Flaherty, Rose, Costantino, Moura and Mumford.

By unanimous consent, Representative Pires, seconded by Representative Martineau and many other members of the House, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(01-H 5079) (Substitute "A")

Mr. Speaker:

I hereby move to amend (01-H 5079) (Substitute "A") entitled "AN ACT MAKING REVISED APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2001," as follows: insert lc02999

Respectfully submitted,

ANTONIO J. PIRES
Representative, District 79

The motion to amend is read and prevails on a roll call vote, 89 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 89: 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, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Gorham, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Long, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palumbo, Picard, Pires, Pisaturo, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS -0.

By unanimous consent, Representative Long, seconded by Representative Bierman, Watson and Callahan, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(01-H 5079) (Substitute "A")

Mr. Speaker:

I hereby move to amend (01-H 5079) (Substitute "A") entitled "AN ACT MAKING REVISED APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2001"' as follows:

(1) On page 14, between lines 2 and 3, insert the following new language:

"Full day kindergarten for Middletown Public Schools 0 $105,000 $105,000"

(2) On page 15, line 1, change the figure 13,347,949" to "13,452,949".

(3) On page 15, line 1, change the figure "790,692,474" to "790,797,474".

Respectfully submitted,

BRUCE J. LONG
Representative, District 95

Representatives Crowley discusses the amendment.

The motion to amend is read and fails on a roll call vote, 16 members voting in the affirmative and 67 members voting in the negative as follows:

YEAS - 16: Representatives Amaral, Bierman, Callahan, Fleury, Gorham, Levesque, Long, Maher, Mumford, Murphy, W.H., Savage, Story, Tejada, Trillo, Watson, Williamson.

NAYS - 67; The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Brien, Cambio, Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Flaherty, Fox, Gallison, Garvey, George, Giannini, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lanzi, Lewiss, Malik, Martineau, McCauley, McNamara, Menard, Moran, Moura, Munschy, Murphy, W.J., Palumbo, Picard, Pires, Pisaturo, Rose, San Bento, Schadone, Shanley, Shavers, Sherlock, Simonian, Slater, Sullivan, Thompson, Vieira, Wasylyk, Williams.

The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, on a roll call vote, 86 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 86: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Amaral, Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, Callahan, Cambio, Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Gorham, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Long, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palumbo, Picard, Pires, Pisaturo, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Wasylyk, Watson, Williams, Williamson.

NAYS -0.

5. (01-H5598) An Act relating to the courts - traffic tribunal.

Committee on Judiciary recommends passage.

Read, and by unanimous consent ordered to be placed on the Calendar for Thursday, May 10, 2001.

20. (01-H5760) An Act relating to the administrative procedures act.

Committee on Corporations recommends passage.

Read, and by unanimous consent ordered to be placed on the Calendar for Thursday, May 10, 2001.

On suggestion of Majority Leader Martineau, and by unanimous consent, the Calendar for today is continued to Tuesday, May 8, 2001.

TRANSMITTAL

By unanimous consent, all matters on the Clerk's desk, with the exception of (01-H 6118), are ordered to be transmitted to His Excellency, the Governor, and to the Honorable Senate forthwith.

ANNOUNCEMENTS

Representative Pires wishes to thank his Finance Committee vice chairs Representative Carter, Representative Giannini, Representative Costantino, Representative Crowley, and Representative Sherlock, and Representative Fox, Deputy Chair, also his staff members and all the members of the House.

Also:

Representative Pires announces that the Committee on Finance 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 not meet today.

ADJOURNMENT

At 4:43 o'clock P.M. on motion of Representative Martineau, seconded by Representative Watson, the House adjourns, on a voice vote.

LINDA McELROY
Recording Clerk
Heavenly Father, look with favor on our deliberation and

Appendix

INVOCATION
REPRESENTATIVE RICHARD E. FLEURY

assist us by your grace to do what is just and wise.Amen.

Appendix

CALENDAR

In order for Tuesday, May 8, 2001:

1. (01-H 5928) An Act relating to alcoholic beverages - licenses generally.

Committee on Corporations recommends passage.

2. (01-H6223 as amended) An Act relating to businesses and professions.

Committee on Labor recommends passage as amended.

3. (01-H6053) (Substitute "A") An Act relating to electricians.

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

4. (01-H 6293) An Act relating to labor and labor relations- pipefitters and refrigeration technicians, fire protection sprinkler fitters, contractors, journeyperson sprinkler fitters, sheet metal contractors, journey person sheet metal workers, and oil heat contractors.

Committee on Labor recommends passage.

5.
(01-H 6138) An Act relating to state affairs and government Rhode Island Police Accreditation Advisory Commission act.

Committee on Judiciary recommends passage.

6. (01-H 6219) (Substitute "A") An Act relating to criminal procedure - sentencing to life imprisonment without parole.

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

7. (01-H5100) (Substitute "A") An Act relating to businesses and professions - unsolicited -telephone sales calls.

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

8. (01-H5780) (Substitute "A") An Act relating to commercial law - credit card solicitation.

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

9. (01-H5810) An Act relating to state affairs and government- expedited permit process.

Committee on Corporations recommends passage.

10. (01-H5960) An Act relating to health care facilities- nursing facility moratorium.

Committee on Corporations recommends passage.

11. (01-H5961) An Act relating to motor vehicle reparations act.

Committee on Corporations recommends passage.

12. (01-H5963) An Act relating to maximum property tax levy.

Committee on Corporations recommends passage.

13. (01-H5728) (Substitute "A") An Act relating to public utilities and carriers - Public Utilities Commission.

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

14. (01-H5798) (Substitute "A") An Act relating to collaborative pharmacy practice.

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

15. (01-H5804) An Act relating to taxation property tax classification - Providence.

Committee on Corporations recommends passage.

16. (01-H5758) An Act relating to state affairs and government.

Committee on Corporations recommends passage.

17. (01-H5759) (Substitute "A") An Act relating to registration of voters.

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

18. (01-H5729) An Act relating to the Public Utilities Commission.

Committee on Corporations recommends passage.

19. (01-H5464) (Substitute "A") An Act relating to elections- elective meetings.

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

20. (01-H5767) (Substitute "A") An Act relating to insurance.

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

21. (01-H5902) (Substitute "A") An Act relating to health and safety - licensing of health care facilities.

Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".

22. (01-H5906) (Substitute "A" as amended) An Act relating to health and safety - needlestick safety and injury prevention act.

Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".

23. (01-H5860) (Substitute "A") An Act relating to elections.

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

24. (01-H5561) An Act relating to public officers and employees- retirement system -teachers.

Committee on Finance recommends passage.

Appendix

CALENDAR

In order for Wednesday, May 9, 2001:

1. (01-H 5170) An Act relating to motor and other vehicles.

Joint Committee on Highway Safety recommends passage.

2. (01-H5557) An Act creating a special House commission to study the use of all-terrain vehicles (ATV's).

Joint Committee on Highway Safety recommends passage.

Appendix

CALENDAR

In order for Thursday, May 10, 2001.-

1. (01-H5598) An Act relating to the courts - traffic tribunal.

Committee on Judiciary recommends passage.

2. (01-H5760) An Act relating to the administrative procedures act.

Committee on Corporations recommends passage.

3. (99-S812) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage in concurrence.

4. (99-S825) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage in concurrence.

5. (01-H 6382) House Resolution creating a special House commission to study the feasibility of acquiring the United States Navy surplus oil storage tank farms.

Ordered on the Calendar.

Appendix

CALENDAR

In order for Wednesday, May 16, 2001:

1. (01-H 5603) An Act relating to state affairs and government- Department of Attorney General.

Committee on Judiciary recommends passage.

LOUIS D'ANTUONO
Clerk of the House

Thursday, May 3, 2001

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