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 first day of January in the year of Our Lord two thousand and two.
Volume 129, No. 3 Thursday, January 3, 2002 Third Day


The House of Representatives meets at the State House in Providence, Thursday, January 3, 2002, 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 96 members present and 4 members absent as follows:

PRESENT - The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, 5-, Anguilla, Barr, Benson, Bierman, Brien, 5., Callahan. Cambio, Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley. Dennigan, DeSimone, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Gorham, Guthrie, 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, Quick, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

ABSENT - 4: Representatives Brien, Ginaitt, Henseler, Rabideau.

INVOCATION


The Honorable Speaker presents Representative Giannini, 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, January 2, 2002, is approved as printed.

COMMUNICATION FROM THE SENATE


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

(02-S 2004) An Act to vacate the forfeiture or revocation of the charter of Oaklawn Office Park Associates, Inc.

Representative Carter requests unanimous consent for immediate consideration.

There is no objection.

Read and passed in concurrence, on motion of Representative Carter, seconded by Representative Callahan, on a roll call vote, 58 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 58: The Honorable Speaker Harwood and Representatives Ajello, Anderson, S., Anguilla, Barr, Bierman, Brien, S., Callahan, Carroll, Carter, Cerra, Corvese, Faria, Fleury, Garvey, George, Giannini, Guthrie, Hogan, Iwuc, Jacquard, Kennedy, Lanzi, Levesque, Lewiss, Lowe, Maher, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Palangio, Palumbo, Picard, Pisaturo, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Simonian, Smith, Story, Sullivan, Thompson, Trillo, Vieira, Voccola, Williams, Winfield.

NAYS -0.


NEW BUSINESS


Representatives 5. Anderson and Montanaro introduce (02-H 6605) An Act relating to towns and cities Rhode Island Development Impact Fee Act.

Read and referred to the Committee on Corporations.

Representative S. Anderson introduces (02-H 6606) An Act relating to alcoholic beverages -licenses.

Read and referred to the Committee on Corporations.

Representatives Kennedy, Lewiss and Thompson introduce (02-H 6607) An Act relating to the town of Westerly - Municipal Court.

Read and referred to the Committee on Corporations.

Representatives Gallison and Anguilla introduce (02-H 6608) An Act relating to taxation -property subject to taxation- Bristol.

Read and referred to the Committee on Corporations.

Representatives Shanley, Kennedy, San Bento, Benson, 5. Brien, Barr and Caprio introduce (02-H 6609) An Act relating to public utilities and carriers - duties of utilities and carriers.

Read and referred to the Committee on Corporations.

Representatives Gallison, T. Brien, Anguilla, Jacquard, Caprio and Coelho introduce (02-H 6610) An Act relating to commercial law -general regulatory provisions - deceptive trade practices.

Read and referred to the Committee on Corporations.

Representative S. Anderson introduces (02-H 6611) An Act relating to arbitration of school teacher disputes.

Read and referred to the Committee on Labor.

Representative S. Anderson introduces (02-H 6612) An Act relating to courts and civil procedure - causes of action.

Read and referred to the Committee on Judiciary.

Representatives Anguilla, W.J. Murphy, Malik, Gallison and Munschy introduce (02-H 6613) An Act relating to courts and civil procedure -procedure generally.

Read and referred to the Committee on Judiciary.

Representatives Gallison, T. Brien, Anguilla, Jacquard, Coelho, Benson and Wasylyk introduce (02-H 6614) An Act relating to health and safety fireworks and pyrotechnics.

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

Representatives Corvese, McNamara, Sullivan and Vieira introduce (02-H 6615) House Resolution creating a special House commission to study the issue of school security.

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

Representatives Mumford, Long, W.H. Murphy, Trillo, Story and Watson introduce (02-H 6616) An Act relating to taxation- inheritance tax.

Read and referred to the Committee on Finance.

Representative 5. Anderson introduces (02-H 6617) An Act relating to state affairs and government.

Read and referred to the Committee on Finance.

Representatives Anguilla and Gallison introduce (02-H 6618) An Act relating to animals and animal husbandry - dogs.

Read and referred to the Committee on Special Legislation.

Representative Winfield introduces (02-H 6619) 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 Trillo, on a roll call vote, 56 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 56: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Anderson, S., Anguilla, Benson, Bierman, Callahan, Carroll, Cerra, Coelho, Corvese, Faria, Fleury, Gallison, Garvey, George, Giannini, Guthrie, Hogan, Iwuc, Jacquard, Lanzi, Levesque, Lewiss, Lowe, Maher, McCauley, McNamara, Montanaro, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Palangio, Palumbo, Picard, Pisaturo, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Simonian, Smith, Sullivan, Thompson, Trillo, Vieira, Williams, Winfield.

NAYS -OF

Representative Cerra introduces (02-H 6620) An Act to vacate the forfeiture or revocation of the charter of Macera Landscape Construction.

Representative Cerra requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Cerra, seconded by Representative Trillo, on a roll call vote, 57 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 57 The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Anderson, 5., Anguilla, Benson, Bierman, Callahan, Carroll, Carter, Coelho, Corvese, Faria, Fleury, Gallison, Garvey, George, Giannini, Guthrie, Hogan, Iwuc, Jacquard, Kennedy, Lanzi, Levesque, Lewiss, Lowe, Maher, McNamara, Montanaro, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Palangio, Palumbo, Picard, Pisaturo, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Simonian, Smith, Story, Sullivan, Thompson, Trillo, Vieira, Williams, Winfield.

NAYS -0.

Representatives Barr, Menard and Reilly introduce (02-H 6621) An Act to vacate the forfeiture or revocation of the charter of United States Challenge Cup, Inc.

Representative Barr requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Barr, seconded by Representative Callahan, on a roll call vote, 56 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS 56: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Ajello, Anderson, S., Anguilla, Ban, Benson, Bierman, Callahan, Coelho, Corvese, Faria, Fleury, Gallison, Garvey, George, Giannini, Guthrie, Hogan, Iwuc, Jacquard, Kennedy, Knickle, Lanzi, Levesque, Lewiss, Lowe, Maher, McNamara, Menard, Montanaro, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Palumbo, Picard, Pisaturo, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Simonian, Smith, Story, Thompson, Trillo, Vieira, Voccola, Williams, Winfield.

NAYS -0.

Representative Cerra requests the journal to reflect that if she had voted on (02-H 6620) and (02-H 6621), she would have voted in the affirmative.

There is no objection.

Representatives Faria and Moran introduce (02-H 6622) An Act exempting the real, mixed and personal property of Club Sport Uniao Madeirence.

Representative Faria requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Faria, seconded by Representative Callahan, and by unanimous consent, on a roll call vote, 61 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 61: The Honorable Speaker Harwood and Representatives Ajello, Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Callahan, Carroll, Carter, Cerra, Coelho, Corvese, Faria, Fleury, Gallison, Garvey, George, Giannini, Guthrie, Hogan, Iwuc, Jacquard, Kennedy, Knickle, Lanzi, Levesque, Lewiss, Lowe, Maher, McCauley, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Palumbo, Pisaturo, Reilly, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Simonian, Smith, Story, Sullivan, Thompson, Trillo, Vieira, Voccola, Williams, Williamson, Winfield.

NAYS -0.

Representatives Sherlock and McNamara introduce (02-H 6623) An Act to vacate the forfeiture or revocation of the charter of FJCC Enterprise, Inc.

Representative Sherlock requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Sherlock, seconded by Representative Callahan, and by unanimous consent, on a roll call vote, 69 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 69: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Callahan, Carroll, Carter, Cerra, Coelho, Corvese, Dennigan, Faria, Fleury, Gallison, Garvey, George, Giannini, Guthrie, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lanzi, Levesque, Lewiss, Lowe, Maher, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Pisaturo, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Simonian, Smith, Story, Sullivan, Thompson, Trillo, Vieira, Voccola, Williams, Williamson, Winfield.

NAYS -0.

Representatives Story, Savage and Malik introduce (02-H 6624) An Act authorizing the town of Barrington to finance school renovations, repairs and furnishings in the town of Barrington and to issue not more than $4,000,000 bonds or notes therefor.

Representative Story requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Story, seconded by Representatives Martineau, Callahan, Savage and Malik and by unanimous consent, on a roll call vote, 77 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 77: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Almeida, Anderson, M., Anderson, S., Anguilla, Ban, Benson, Bierman, Brien, S., Callahan, Cambio, Carroll, Carter, Cerra, Cicilline, Coelho, Coogan, Corvese, Costantino, Dennigan, Faria, Fleury, Fox, Gallison, Garvey, George, Giannini, Gorham, Guthrie, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lanzi, Levesque, Lewiss, Long, Lowe, Maher, Malik, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palumbo, Picard, Pisaturo, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Simonian, Slater, Smith, Story, Sullivan, Thompson, Trillo, Vieira, Voccola, Watson, Williams, Williamson.

NAYS -0.

Representative Costantino introduces (02-H 6625) An Act to vacate the forfeiture or revocation of the charter of Suit Systems, Inc.

Representative Costantino requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Costantino, seconded by Representative Watson, 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 Aiken, Ajello, Almeida, Anderson, M., Anguilla, Barr, Benson, Bierman, Brien, S., Callahan, Cambio, Carroll, Carter, Cerra, Cicilline, Coelho, Coogan, Corvese, Costantino, Dennigan, Faria, Fleury, Fox, Gallison, Garvey, George, Giannini, Gorham, Guthrie, Hogan, Iwuc, Jacquard, Kennedy, Knickle, Lanzi, Levesque, Lewiss, Lima, Lowe, Maher, Malik, McCauley, McNamara, Menard, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Pisaturo, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Simonian, Slater, Smith, Story, Sullivan, Thompson, Trillo, Vieira, Voccola, Watson, Williams, Williamson, Winfield.

NAYS -0.

Representatives Fox, Fleury, Callahan, Story, Benson and several other members of the House introduce (02-H 6626) Joint Resolution approving the fInancing of housing programs.

Representative Fox requests unanimous consent for immediate consideration.

Representative Fox moves passage, seconded by Representatives Martineau, Menard, Carter, Cambio, Benson, Giannini, Callahan, San Bento, W.J. Murphy, Reilly, Cicilline, Shavers, Sullivan, McNamara, Slater, Faria, Rose, Shanley, Lanzi, Williams, Pisaturo, W.H. Murphy, Story, Savage, Long, Garvey, Cerra, Mumford, 5. Brien and Coelho.

Representatives Levesque and Callahan object.

Read and referred to the Committee on Finance.

Representative Martineau introduces (02-H 6627) 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.

Representative Martineau introduces (02-H 6628) 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.

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 Sullivan wishes Representative W.J. Murphy a very Happy Birthday.

Also:

Representative Barr wishes Representative Kennedy a very Happy Birthday.

ADJOURNMENT


At 4:18 o'clock P.M. on motion of Representative Palangio, and as a further mark of respect to the memory of Elizabeth Foley Davis, seconded by Representative Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION


REPRESENTATIVE JOANNE M. GIANNINI


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


TRANSMITTED TO THE GOVERNOR


(02-S 2004) An Act to vacate the forfeiture or revocation of the charter of Oaklawn Office Park Associates, Inc.



As always, your comments concerning this page are welcomed and appreciated.

Thank you for stopping by!