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.10 Tuesday, January 22, 2002 Tenth Day


The House of Representatives meets at the State House in Providence, Tuesday, January 22, 2002, and is called to order at 4:20 o'clock P.M., by the Honorable John B. Harwood, Speaker.

The roll is called and a quorum is declared present with 98 members present and 2 members absent as follows:

PRESENT - 98: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Callahan, Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, 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, Palangio, Picard, Pires, Pisaturo, Quick, Rabideau, 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 - 2: Representatives Cambio, Palumbo.

INVOCATION


The Honorable Speaker presents Representative W.H. Murphy, 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 Thursday, January 17, 2002, is approved as printed.

COMMUNICATION


The Honorable Speaker announces the receipt of the following communication:]

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
HOUSE OF REPRESENTATIVES


January 22, 2002

Dear Speaker Harwood, Majority Leader Martineau and Members of the House of Representatives:

I will be unable to attend session from January 22-24 due to the fact that I will be out of the country participating in a humanitarian relief mission in Central America. I will be assisting a team of Rhode Island doctors and other medical professionals, caring for indigent children living in squalid conditions in Nicaragua. It is our hope that this trip will be successful, and bring needed health care to numerous children.

I look forward to returning to the House of Representatives with reports of a successful mission.

Sincerely,

PETER G. PALUMBO
Deputy Majority Leader
Representative District 25

Received and ordered to be placed on file.

GUESTS


The Honorable Speaker welcomes to the House Chambers Senator McBurney and his son from Pawtucket.

Also:

The Honorable Speaker congratulates and welcomes Hockey Coach Bill Belisle from Mount St. Charles Academy on his 27 years as a Head Coach and his 696th victory.

At 4:35 o'clock P.M. the Honorable Speaker yields the rostrum to U.S. Congressman Patrick Kennedy.

By unanimous consent, Congressman Patrick Kennedy addresses the members of the House and welcomes to the House Coach Bill Belisle. Congressman Kennedy presents Coach Belisle with a Congressional citation.

At 4:41 o'clock P.M. the Honorable Speaker returns to the rostrum.

Also:

Majority Leader Martineau welcomes and congratulates Coach Belisle.

Also:

Representative Abdullah-Odiase welcomes to the House Chambers as new pages Nandalyz Maldonado, Jarrell Johnson and Teiaki Johnson.


NEW BUSINESS


Representatives Lanzi, Williams, Montanaro, McCauley and S. Anderson introduce (02-H 6818) An Act relating to firefighters' arbitration.

Read and referred to the Committee on Labor.

Representative Cicilline introduces (02-H 6819) An Act relating to insurance - workers' compensation insurance fund.

Read and referred to the Committee on Labor.

Representative Cicilline introduces (02-H 6820) An Act relating to insurance - workers' compensation insurance fund.

Read and referred to the Committee on Labor.

Representative Cicilline introduces (02-H 6821) An Act relating to insurance - workers' compensation insurance fund.

Read and referred to the Committee on Labor.

Representatives Lewiss and Moura introduce (02-H 6822) An Act relating to labor and labor relations - workers' compensation - general provisions.

Read and referred to the Committee on Labor.

Representatives Gallison, T. Brien, Winfield and Carter introduce (02-H 6823) An Act relating to the National Guard.

Read and referred to the Committee on Finance.

Representatives W.H. Murphy, Quick, Scott, Gorham, Carter and several other members of the House introduce (02-H 6824) An Act relating to the Rhode Island Student Investment Initiative.

Read and referred to the Committee on Finance.

Representatives Moura, Williams, McCauley, Slater and Coderre introduce (02-H 6825) An Act relating to the Family Independence Act - allowance for adults.

Read and referred to the Committee on Finance.

Representative Cicilline introduces (02-H 6826) An Act relating to insurance.

Read and referred to the Committee on Corporations.

Representative Cicilline introduces (02-H 6827) An Act relating to insurance - Unfair Claims Settlement Practices Act.

Read and referred to the Committee on Corporations.

Representatives San Bento, Corvese, Malik, Rose and Carter introduce (02-H 6828) An Act relating to commercial law - Fair Trade Act.

Read and referred to the Committee on Corporations.

Representatives Ajello, Aiken, Anguilla, Rabideau and Cambio introduce (02-H 6829) An Act relating to insurance.

Read and referred to the Committee on Corporations.

Representatives Lanzi, Williams, Montanaro, McCauley and S. Anderson introduce (02-H 6830) An Act relating to towns and cities - optional retirement for members of police force and firefighters.

Read and referred to the Committee on Corporations.

Representatives Lanzi, Williams, Montanaro, McCauley and S. Anderson introduce (02-H 6831) An Act relating to health and safety - safety and health programs for fire departments.

Read and referred to the Committee on Corporations.

Representatives McNamara, Iwuc, Munschy, Anguilla and T. Brien introduce (02-H 6832) An Act relating to motor and other vehicles - rental vehicles.

Read and referred to the Committee on Corporations.

Representatives Crowley, Shavers and W.H. Murphy introduce (02-H 6833) An Act relating to towns and cities - general powers.

Read and referred to the Committee on Corporations.

Representatives Crowley, Shavers and W.H. Murphy introduce (02-H 6834) An Act relating to cities and towns - regulation of newspaper and magazine vending machines - public sidewalks.

Read and referred to the Committee on Corporations.

Representatives Vieira, Corvese, Reilly, Palumbo, Lewiss and Gallison introduce (02-H 6835) An Act relating to commercial law - general regulatory provisions - distribution of credit cards.

Read and referred to the Committee on Corporations.

Representatives Vieira, Corvese, Reilly, Palumbo, Lewiss and Gallison introduce (02-H 6836) An Act relating to commercial law - general regulatory procedures - unfair sales practices.

Read and referred to the Committee on Corporations.

Representatives Lewiss, Hogan, Palangio and Reilly introduce (02-H 6837) An Act relating to financial institutions - community obligations and banking offenses.

Read and referred to the Committee on Corporations.

Representatives Lewiss, Vieira, Guthrie, Aiken, Anguilla and Reilly introduce (02-H 6838) An Act relating to alcoholic beverages - licenses generally.

Read and referred to the Committee on Corporations.

Representatives Moura, Lima, Montanaro, Williams and Lanzi introduce (02-H 6839) An Act relating to the Rhode Island Public Transit Authority - privatization of services.

Read and referred to the Committee on Corporations.

Representative Lowe introduces (02-H 6840) An Act relating to alcoholic beverages - regulation of sales.

Read and referred to the Committee on Corporations.

Representatives Moura, McCauley, Palumbo, Carter and Montanaro introduce (02-H 6841) An Act relating to public utilities and carriers - duties of utilities and carriers.

Read and referred to the Committee on Corporations.

Representatives Cicilline and Fox introduce (02-H 6842) An Act relating to taxation - levy and assessment of local taxes.

Read and referred to the Committee on Corporations.

Representative Cicilline introduces (02-H 6843) An Act relating to General Assembly - lobbying.

Read and referred to the Committee on Judiciary.

Representative Cicilline introduces (02-H 6844) An Act relating to causes of action.

Read and referred to the Committee on Judiciary.

Representative Cicilline introduces (02-H 6845) An Act relating to courts and civil procedure - courts - mediation.

Read and referred to the Committee on Judiciary.

Representative Cicilline introduces (02-H 6846) An Act relating to health and safety - safety of access to facilities endangered.

Read and referred to the Committee on Judiciary.

Representative Cicilline introduces (02-H 6847) An Act relating to the code of ethics.

Read and referred to the Committee on Judiciary.

Representative Cicilline introduces (02-H 6848) An Act relating to labor and labor relations - workers' compensation court judges.

Read and referred to the Committee on Judiciary.

Representatives Sullivan, Rose, Coelho, Faria, Gallison and several other members of the House introduce (02-H 6849) An Act relating to education - maintenance of order on campus.

Read and referred to the Committee on Judiciary.

Representatives Trillo, Long, Amaral, Aiken and W.H. Murphy introduce (02-H 6850) An Act relating to jet skiing.

Read and referred to the Committee on Judiciary.

Representatives Crowley, Shavers and W.H. Murphy introduce (02-H 6851) An Act relating to alcoholic beverages.

Read and referred to the Committee on Judiciary.

Representative Cicilline introduces (02-H 6852) Joint Resolution to approve and publish and submit to the electors a proposition of amendment to the Constitution of the State (separation of powers).

Read and referred to the Committee on Judiciary.

Representative Cicilline introduces (02-H 6853) An Act relating to the Government Integrity Act of 2002.



Read and referred to the Committee on Judiciary.

Representative Cicilline introduces (02-H 6854) An Act relating to labor and labor relations - workers' compensation - benefits.

Read and referred to the Committee on Judiciary.

Representative Cicilline introduces (02-H 6855) An Act relating to labor and labor relations - workers' compensation - procedure.

Read and referred to the Committee on Judiciary.

Representative Cicilline introduces (02-H 6856) An Act relating to labor and labor relations - workers' compensation court.

Read and referred to the Committee on Judiciary.

Representatives Flaherty, Aiken, Knickle, Hogan and Lewiss introduce (02-H 6857) An Act relating to criminal procedure - search warrants.

Read and referred to the Committee on Judiciary.

Representative Callahan introduces (by request) (02-H 6858) An Act relating to mobile and manufactured homes - evictions.

Read and referred to the Committee on Judiciary.

Representatives Aiken, Mumford, Lewiss, Anguilla, W.J. Murphy and several other members of the House introduce (02-H 6859) An Act relating to loss of rights by prisoners.

Read and referred to the Committee on Judiciary.

Representative Cicilline introduces (02-H 6860) An Act relating to public officers and employees - salaries and traveling expenses.

Read and referred to the Committee on Finance.

Representative Cicilline introduces (02-H 6861) An Act relating to state contracts.

Read and referred to the Committee on Finance.

Representative Cicilline introduces (02-H 6862) An Act relating to human services - anti-poverty funds.

Read and referred to the Committee on Finance.

Representative Cicilline introduces (02-H 6863) An Act creating a Sunset Oversight Commission.

Read and referred to the Committee on Finance.

Representative Cicilline introduces (02-H 6864) An Act relating to towns and cities - state aid.

Read and referred to the Committee on Finance.

Representative Cicilline introduces (02-H 6865) An Act relating to public records - state register.

Read and referred to the Committee on Finance.

Representative Cicilline introduces (02-H 6866) An Act relating to weapons.

Read and referred to the Committee on Judiciary.

Representative Cicilline introduces (02-H 6867) An Act relating to labor and labor relations - workers' compensation administrative fund.

Read and referred to the Committee on Labor.

Representative Cicilline introduces (02-H 6868) An Act relating to labor and labor relations - workers' compensation - procedure.

Read and referred to the Committee on Labor.

Representative Cicilline introduces (02-H 6869) House Resolution declaring October as ``Italian-American Heritage Month''.

Read and referred to the Committee on Special Legislation.

Representatives Vieira, Palumbo, Corvese, Sullivan, T. Brien, Reilly and Gallison introduce (02-H 6870) An Act relating to alcoholic beverages - retail licenses.

Read and referred to the Committee on Special Legislation

Representative Cicilline introduces (02-H 6871) An Act relating to taxation.

Read and referred to the Committee on Corporations.

Representative Cicilline introduces (02-H 6872) An Act relating to business and professions.

Read and referred to the Committee on Corporations.

Representative Cicilline introduces (02-H 6873) An Act relating to landlords and tenants.

Read and referred to the Committee on Corporations.

Representatives T. Brien, McNamara, Cerra, Anguilla, Munschy, Iwuc and Malik introduce (02-H 6874) An Act relating to licensing of nursing home facilities.

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

Representatives Carter, Faria and S. Brien introduce (02-H 6875) An Act relating to education - private schools.

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

Representative Cicilline introduces (02-H 6876) An Act relating to education - elementary and secondary school diversity officer.

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

Representatives Palumbo, Moura, Jacquard and Vieira introduce (02-H 6877) An Act relating to fish and wildlife - menhaden management area.

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

Representatives Sullivan, Faria, Coelho, Rose, Gallison and several other members of the House introduce (02-H 6878) An Act relating to construction and maintenance of state roads.

Read and referred to the Joint Committee on Highway Safety.

Representatives Vieira, Corvese, Reilly, Palumbo and Gallison introduce (02-H 6879) An Act relating to motor vehicles - operators' and chauffeurs' licenses.

Read and referred to the Joint Committee on Highway Safety.

Representatives Tejada, Williams, Cerra, Slater, T. Brien and several other members of the House introduce (02-H 6880) An Act relating to motor and other vehicles.

Read and referred to the Joint Committee on Highway Safety.

Representatives McNamara and T. Brien introduce (02-H 6881) An Act relating to motor and other vehicles - parking facilities and privileges.

Read and referred to the Joint Committee on Highway Safety.

Representative S. Anderson introduces (02-H 6882) An Act relating to the Kent County Water District.

Read and referred to the Joint Committee on Water Resources.

Representatives Sherlock, Menard, Montanaro, Costantino, Moura and several other members of the House introduce (02-H 6883) An Act relating to labor and labor relations - minimum wages.

Read and referred to the Committee on Labor.

Representatives Malik and Anguilla introduce (02-H 6884) House Resolution commending Chief Alexander R. Galinelli for his dedicated service to the town of Warren.

Representative Malik requests unanimous consent for immediate consideration.

There is no objection.

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

Representative Fox introduces (02-H 6885) House Resolution welcoming Jose Brito to the State of Rhode Island.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

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

The Honorable Speaker Harwood and Representatives Martineau, Henseler, Menard, T. Brien and several other members of the House introduce (02-H 6886) House Resolution congratulating Coach Bill Belisle on becoming the nation's ``Winningest High School Hockey Coach''.

Representative Menard requests unanimous consent for immediate consideration.

There is no objection.

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

ANNOUNCEMENT


Representative Lewiss announces that the Committee on Corporations will meet today at the rise of the House in Room 203 of the State House.

ADJOURNMENT


At 4:50 o'clock P.M. on motion of Representative Slater, and as a further mark of respect to the memory of Anna Prior; on motion of Representative Bierman, and as a further mark of respect to the memory of Adam Thomas Stone; on motion of Representative Williamson, and as a further mark of respect to the memory of Charlotte Petrozzi; on motion of Representative Lima, and as a further mark of respect to the memory of Barbra Bucci; on motion of Representative Tejada, and as a further mark of respect to the memory of Father Guillermo Corrales; on motion of Representative Knickle and the Honorable Speaker, and as a further mark of respect to the memory of Mary Ann (Gilbane) Baker; on motion of Representative Lewiss, and as a further mark of respect to the memory of William R. Patterson, Jr.; on motion of Representative Mumford, and as a further mark of respect to the memory of Edward E. Kelly; on motion of Representative Gorham, and as a further mark of respect to the memory of Monique Capwell; on motion of Representative Shanley, and as a further mark of respect to the memory of Rita Adams; on motion of Representative Watson, and as a further mark of respect to the memories of Arnold and Charles Brier; seconded by Representatives Martineau and Quick, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION


REPRESENTATIVE WILLIAM H. MURPHY


Thank You God for Your presence here with us and Your blessings on this Assembly today and every day. Amen.

Appendix



CALENDAR


In order for Thursday, January 24, 2002:

1. (02-H6607) An Act relating to the town of Westerly - Municipal Court.

Committee on Corporations recommends passage.

2. (02-H6608) An Act relating to taxation - property subject to taxation.

Committee on Corporations recommends passage.

3. (02-H6742) An Act relating to towns and cities - city housing authorities.

Committee on Corporations recommends passage.

LOUIS D'ANTUONO
Clerk of the House

Thursday, January 17, 2002



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