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. 12 Thursday, January 24, 2002 Twelfth Day


The House of Representatives meets at the State House in Providence, Thursday, January 24, 2002, and is called to order at 4:03 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 - 96:

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, 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, 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 - 4: Representatives Cambio, Hetherington, Palumbo, Pisaturo.

INVOCATION


The Honorable Speaker presents Representative Reilly, 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 23, 2002, is approved as printed.

GUESTS


Representative Palangio welcomes to the House Chambers as a guest Mrs. Angela Lima, mother of Representative Lima.

Also:

Representative Anguilla welcomes to the House Chambers as guests David Laroche and Robert Sardiaha

Also: At 4:13 o'clock P.M. the Honorable Speaker yields the rostrum to Representative Henseler.

By unanimous consent, Representatives Henseler and Cerra address the members of the House and welcome to the House the fourth grade class at Saint Rocco's School.

By unanimous consent, Representatives Henseler and Cerra address the members of the House and present a citation to Matt Newell, congratulating the 4th Grade Class of St. Rocco's School in recognition of the extraordinary friendship, compassion and effort to help classmate Matt Newell and the Newell Family after the September 11th tragedy. At 4:18 o'clock P.M., the Honorable Speaker returns to the rostrum.


COMMUNICATION FROM THE SENATE


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

(02-S 2077) An Act authorizing the town of Barrington to finance road improvements in the town of Barrington and to issue not more than $5,000,000 bonds or notes therefor.

Representative Martineau requests unanimous consent for immediate consideration.

There is no objection.

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

(02-S 2054) An Act authorizing the town of Smithfield to issue not exceeding $8,600,000 general obligation bonds or notes for various capital projects.

Read and referred to the Committee on Corporations.

(02-S 2006) An Act relating to taxation - property subject to taxation.

Read and referred to the Committee on Corporations.

(02-S 2132) An Act reinstating and restoring forfeited or revoked corporate charters.

Read and referred to the Committee on Corporations.

(02-S 2159) An Act to vacate the forfeiture or revocation of the charter of St. Kel, Ltd.

Read and referred to the Committee on Corporations.

(02-S 2180) An Act to vacate the forfeiture or revocation of the charter of Rhode Island Directors Association for Senior Citizens Programs, Inc.

Read and referred to the Committee on Corporations.

(02-S 2183) An Act to vacate the forfeiture or revocation of the charter of Kent House, Inc.

Read and referred to the Committee on Corporations.


NEW BUSINESS


Representative Palangio introduces (02-H 6936) An Act relating to accident reports.

Read and referred to the Joint Committee on Highway Safety.

Representatives Garvey, McNamara and Maher introduce (02-H 6937) 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 Abdullah-Odiase and Shavers introduce (02-H 6938) An Act relating to education - literacy program.

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

Representative Palangio introduces (02-H 6939) An Act relating to public accountants.

Read and referred to the Committee on Corporations.

Representatives Picard and Reilly introduce (02-H 6940) An Act relating to insurance - comprehensive motor vehicle insurance - reparations.

Read and referred to the Committee on Corporations.

Representatives Dennigan, Lewiss, Gallison, W.J. Murphy and Cicilline introduce (02-H 6941) An Act relating to internet access.

Read and referred to the Committee on Corporations.

Representatives George, Scott and Carter introduce (02-H 6942) An Act relating to veterans' tax exemption - Exeter.

Read and referred to the Committee on Corporations.

Representatives Garvey, Kennedy and Lewiss introduce (02-H 6943) An Act relating to zoning ordinance - town of Charlestown.

Read and referred to the Committee on Corporations.

Representative Scott introduces (02-H 6944) An Act relating to education.

Read and referred to the Committee on Corporations.

Representative Palangio introduces (02-H 6945) An Act relating to taxation - business corporation tax.

Read and referred to the Committee on Finance.

Representative Palangio introduces (02-H 6946) An Act relating to taxation - business corporation tax.

Read and referred to the Committee on Finance.

Representatives Dennigan, Lewiss, Jacquard, Gallison, W.J. Murphy and Cicilline introduce (02-H 6947) An Act relating to public utilities and carriers - CATV.

Read and referred to the Committee on Finance.

Representatives San Bento, S. Anderson, W.J. Murphy, Corvese, Shanley and several other members of the House introduce (02-H 6948) An Act relating to video lottery terminal.

Read and referred to the Committee on Finance.

Representatives Dennigan, Lewiss, Ginaitt, Jacquard, Gallison and Cicilline introduce (02-H 6949) An Act relating to abused and neglected children.

Read and referred to the Committee on Finance.

Representatives Dennigan, Williamson and W.J. Murphy introduce (02-H 6950) An Act relating to the Rhode Island Housing Resources Act of 1998.

Read and referred to the Committee on Finance.

Representatives Shavers, Abdullah-Odiase, Benson, W.H. Murphy, Crowley and Malik introduce (02-H 6951) An Act relating to state affairs and government.

Read and referred to the Committee on Finance.

Representatives Dennigan, Lewiss, Ginaitt, W.J. Murphy, Caprio and Jacquard introduce (02-H 6952) An Act relating to taxation - nursing home residents.

Read and referred to the Committee on Finance.

Representatives Abdullah-Odiase and Shavers introduce (02-H 6953) An Act relating to public assistance - food stamp program.

Read and referred to the Committee on Finance.

Representatives Dennigan, Gallison and Cicilline introduce (02-H 6954) An Act relating to health and safety - smoking in public places.

Read and referred to the Committee on Finance.

Representative George introduces (02-H 6955) An Act relating to taxation - business corporation tax.

Read and referred to the Committee on Finance.

Representatives Dennigan, Ajello, Hetherington and Cicilline introduce (02-H 6956) An Act relating to public records - access to public records.

Read and referred to the Committee on Finance.

Representatives Dennigan, Gallison, Lewiss, Ginaitt and Cicilline introduce (02-H 6957) An Act relating to health and safety - smoking in public places.

Read and referred to the Committee on Finance.

Representatives Moran, T. Brien, Iwuc, Williams and Schadone introduce (02-H 6958) An Act relating to criminal offenses - assault.

Read and referred to the Committee on Judiciary.

Representatives Shavers, W.H. Murphy, Williams, Ajello, Munschy and several other members of the House introduce (02-H 6959) An Act relating to public use of private lands - liability limitations.

Read and referred to the Committee on Judiciary.

Representatives Sullivan, Ajello, Abdullah-Odiase, Malik, Coelho and several other members of the House introduce (02-H 6960) An Act relating to courts and civil procedure - procedure generally.

Read and referred to the Committee on Judiciary.

Representative George introduces (02-H 6961) An Act relating to solemnization of marriages.

Read and referred to the Committee on Judiciary.

Representative Cicilline introduces (02-H 6962) An Act relating to labor and labor relations - workers' compensation - general provisions.

Read and referred to the Committee on Labor.

Representative Cicilline introduces (02-H 6963) An Act relating to labor and labor relations - Workers' Compensation Court.

Read and referred to the Committee on Labor.

Representatives Amaral, Long, Savage, Story, and Levesque introduce (02-H 6964) An Act relating to motor and other vehicles.

Read and referred to the Committee on Special Legislation.

Representatives Flaherty, Reilly and Almeida introduce (02-H 6965) An Act relating to retail licenses.

Read and referred to the Committee on Corporations.

Representatives Flaherty, W.J. Murphy and Williamson introduce (02-H 6966) An Act relating to education.

Read and referred to the Committee on Finance.

Representatives Flaherty, McNamara and San Bento introduce (02-H 6967) An Act relating to the Corrections Department.

Read and referred to the Committee on Judiciary.

Representatives Flaherty, W.J. Murphy and Williamson introduce (02-H 6968) An Act relating to courts and civil procedure - courts - District Court.

Read and referred to the Committee on Judiciary.

Representatives Flaherty, W.J. Murphy and Williamson introduce (02-H 6969) An Act relating to courts and civil procedure - court administration.

Read and referred to the Committee on Judiciary.

Representatives Ajello, Williams, Lanzi, Aiken and Garvey introduce (02-H 6970) An Act relating to complaints of harassment.

Read and referred to the Committee on Judiciary.

Representatives Flaherty, W.J. Murphy and Williamson introduce (02-H 6971) An Act relating to jurors - fees.

Read and referred to the Committee on Judiciary.

Representatives Menard, San Bento, Winfield, T. Brien and Barr introduce (02-H 6972) An Act relating to education - kindergarten investment fund.

Read and referred to the Committee on Finance.

Representative Gallison introduces (02-H 6973) An Act relating to highways - construction and maintenance of state roads.

Read and referred to the Committee on Finance.

Representatives Menard, Coderre and Giannini introduce (02-H 6974) An Act relating to state affairs and government - children, youth and families.

Read and referred to the Committee on Finance.

Representatives Barr and Trillo introduce (02-H 6975) An Act creating a Lead Paint Removal Loan and Grant Assistance Program.

Read and referred to the Committee on Finance.

Representatives Menard, Coderre and Giannini introduce (02-H 6976) An Act relating to towns and cities.

Read and referred to the Committee on Corporations.

Representatives Menard, Reilly, Picard, Iwuc, Moran and several other members of the House introduce (02-H 6977) An Act relating to education.

Read and referred to the Committee on Finance.

Representatives Aiken, Lewiss, Flaherty, Palangio, Gorham, Winfield and W.J. Murphy introduce (02-H 6978) An Act relating to waters and navigation - obstructions to navigation.

Read and referred to the Committee on Judiciary.

Representatives Lally and Hogan introduce (02-H 6979) An Act relating to small claims and consumer claims.

Read and referred to the Committee on Judiciary.

Representative S. Anderson introduces (02-H 6980) An Act relating to sports, racing and athletics - establishment and extension of gambling activities.

Read and referred to the Committee on Finance.

Representatives Henseler, Naughton, Giannini, Carter, Simonian and several other members of the House introduce (02-H 6981) An Act relating to health and safety - Vaccine Shortage Protection Act.

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

Representatives Lanzi, Williams, S. Anderson and Montanaro introduce (02-H 6982) An Act relating to labor and labor relations - labor relations act.

Read and referred to the Committee on Labor.

Representatives Knickle, Cambio, S. Anderson, Almeida and Sherlock introduce (02-H 6983) An Act relating to health and safety - Department of Health.

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

Representatives Knickle, Cambio, S. Anderson and Almeida introduce (02-H 6984) An Act relating to Board of Medical Licensure and Discipline.

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

Representatives Knickle, Cambio, S. Anderson, Almeida and Sherlock introduce (02-H 6985) An Act relating to licensing of health care facilities.

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

Representatives Knickle, Cambio, S. Anderson and Almeida introduce (02-H 6986) An Act relating to Board of Medical Licensure and Discipline.

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

Representatives Knickle, Cambio, S. Anderson and Almeida introduce (02-H 6987) An Act relating to health and safety - Department of Health.

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

Representatives Knickle, Cambio, S. Anderson, Almeida and Sherlock introduce (02-H 6988) An Act relating to licensing of health care facilities.

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

Representatives Knickle, McNamara and Sherlock introduce (02-H 6989) An Act relating to state affairs and government - Rhode Island Economic Development Corporation.

Read and referred to the Committee on Corporations.

Representatives Knickle, Kennedy and Lewiss introduce (02-H 6990) An Act relating to commercial law - undesired telephone solicitations.

Read and referred to the Committee on Corporations.

Representatives Knickle and Aiken introduce (02-H 6991) An Act relating to state affairs and government - Fisherman's Memorial State Park.

Read and referred to the Committee on Special Legislation.

Representatives Knickle, Hogan, Lally and Lewiss introduce (02-H 6992) An Act relating to property - Residential Landlord and Tenant Act.

Read and referred to the Committee on Judiciary.

Representative Knickle introduces (02-H 6993) An Act relating to sidewalks.

Read and referred to the Committee on Judiciary.

Representatives Knickle and Lewiss introduce (02-H 6994) An Act relating to highways - maintenance of town highways.

Read and referred to the Committee on Corporations.

Representatives Martineau and Watson introduce (02-H 6995) 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 (02-H 6996) House Resolution expressing 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.

Representatives Bierman, Knickle, Trillo, McNamara, Sherlock and Martineau introduce (02-H 6997) House Resolution proclaiming August 9, 2002 as ``Toll Gate High School Class of 1982 Day''.

Representative Bierman requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Bierman, seconded by Representative Martineau, and by unanimous consent, on a roll call vote, 74 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 74:

The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Almeida, Amaral, Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Callahan, Caprio, Carroll, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, Faria, Flaherty, Gallison, Garvey, George, Giannini, Guthrie, Henseler, Hogan, Iwuc, Kennedy, Knickle, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Moran, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Picard, Pires, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Simonian, Slater, Story, Sullivan, Thompson, Trillo, Vieira, Watson, Williams, Winfield.

NAYS - 0.

Representatives Lima, Menard, Smith, Barr, Moura and Cicilline introduce (02-H 6998) House Resolution urging the New England Gas Company and the United Steel Workers Union of America to resume negotiations over their contract dispute.

Representative Lima requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives McNamara, Maher, Sherlock, Martineau and the Honorable Speaker Harwood introduce (02-H 6999) House Resolution congratulating Peter Holden on 25 years of service as Executive Director of the Blackstone Valley Chapter RI ARC.

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.

CALENDAR


From the Calendar are taken:

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

Committee on Corporations recommends passage.

Representative Kennedy moves passage of the act, seconded by Representatives Garvey, Coelho, Thompson and Lewiss.

Read and passed, on a roll call vote, 79 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 79:

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, Carroll, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Dennigan, Faria, Flaherty, Fox, Gallison, Garvey, George, Giannini, Guthrie, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Knickle, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Picard, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Simonian, Slater, Story, Sullivan, Thompson, Trillo, Vieira, Watson, Williams, Winfield.

NAYS - 0.

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

Committee on Corporations recommends passage.

Representative Kennedy moves passage of the act, seconded by Representatives Coelho, Gallison, Anguilla and Malik.

Read and passed, on a roll call vote, 81 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 81:

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, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Dennigan, Flaherty, Fox, Gallison, Garvey, George, Giannini, Guthrie, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Knickle, Lanzi, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Picard, Pires, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Simonian, Slater, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS - 0.

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

Committee on Corporations recommends passage.

Representative Kennedy moves passage of the act, seconded by Representatives Coelho, Picard, Williams, S. Brien, T. Brien and Munschy.

Read, and by unanimous consent, ordered to be placed on the Calendar for Tuesday, January 29, 2002.



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.

ADJOURNMENT


At 4:28 o'clock P.M. on motion of Representative Picard, and as a further mark of respect to the memories of Armande Y. Robidoux and Louis R. Lareau; on motion of Representative McNamara, and as a further mark of respect to the memory of Major Frank J. Szymkowicz; seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION

REPRESENTATIVE DONALD O. REILLY

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

Appendix

TRANSMITTED TO THE GOVERNOR




(02-S 2077) An Act authorizing the town of Barrington to finance road improvements in the town of Barrington and to issue not more than $5,000,000 bonds and notes therefor.

Appendix



CONSENT CALENDAR




In order for Wednesday, January 30, 2002:

1. (02-H6750) An Act authorizing the town of East Greenwich to issue not more than $12,500,000 bonds and notes to finance extension of sewer lines and the upgrading of the sewage treatment plant of the town and all attendant expenses, including but not limited to engineering costs.

Committee on Corporations recommends passage.

2. (02-H6751) An Act authorizing the town of East Greenwich to reduce the assessed value of real estate upon the removal of a damaged structure.

Committee on Corporations recommends passage.

LOUIS D'ANTUONO
Clerk of the House
Thursday, January 24, 2002

Appendix



CALENDAR


In order for Tuesday, January 29, 2002:

1. (02-H6742) An Act relating to towns and cities - city housing authorities.

Committee on Corporations recommends passage.

Appendix



CALENDAR


In order for Wednesday, January 30, 2002:

1. (02-H6793) An Act relating to education.

Committee on Corporations recommends passage.

LOUIS D'ANTUONO
Clerk of the House
Thursday, January 24, 2002



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