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. 13 Thirteenth Day Tuesday, January 29, 2002


The House of Representatives meets at the State House in Providence, Tuesday, January 29, 2002, and is called to order at 4:17 o'clock P.M., by the Honorable John B. Harwood, Speaker.

The roll is called and a quorum is declared present with 92 members present and 8 members absent as follows:

PRESENT - 92:

The Honorable Speaker Harwood and Representatives Aiken, Ajello, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Callahan, Caprio, Carroll, Cerra, Cicilline, Coderre, Coelho, 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., Palangio, Palumbo, Picard, Pires, Pisaturo, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

ABSENT - 8: Representatives Abdullah-Odiase, Almeida, Cambio, Carter, Ginaitt, Naughton, Quick, Simonian.

INVOCATION


The Honorable Speaker presents Representative Iwuc, 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 24, 2002, is approved as printed.

ANNOUNCEMENTS


Representative Naughton will be out of state on business and unable to attend session on January 29, 30 and 31.

Also:

Representative Quick will be out of state on business and unable to attend session on January 29, 30 and 31.

GUESTS


Representative Long welcomes to the House Chambers as guests Representative Amaral's family - his mother Maria, wife Maureen, and children Sarah and Nicolas.

Also:

Representative Lanzi welcomes back to the House Chambers as a guest Jill Anderson, daughter of Representative Stephen Anderson.

EFFECTIVE WITHOUT SIGNATURE OF

THE GOVERNOR




The Honorable Speaker announces receipt by the Secretary of State of the following measures, effective without signature of His Excellency, the Governor:

(02-H 6619) An Act to vacate the forfeiture or revocation of the charter of Pioneer Construction Company, Inc., effective January 17, 2002.

(02-H 6620) An Act to vacate the forfeiture or revocation of the charter of Macera Lanscape Construction, effective January 17, 2002.

(02-H 6622) An Act exempting the real, mixed and personal property of Club Sport Uniao Madeirence, effective January 17, 2002.

(02-H 6623) An Act to vacate the forfeiture or revocation of the charter of FJCC Enterprise, Inc., effective January 17, 2002.

(02-H 6621) An Act to vacate the forfeiture or revocation of the charter of United States Challenge Cup, Inc., effective January 17, 2002.

(02-H 6745) An Act to vacate the forfeiture or revocation of the charter of Polisena Construction, Inc., effective January 24, 2002. EDWARD S. INMAN, III
Secretary of State

Received and ordered to be placed on file.

APPROVED BY THE GOVERNOR




The Honorable Speaker announces receipt by the Secretary of State of the following measure, approved and signed by His Excellency, the Governor:

(02-H 6655) An Act to vacate the forfeiture or revocation of the charter of West River Provisions Co., Inc., approved January 18, 2002.

EDWARD S. INMAN, III
Secretary of State

Received and ordered to be placed on file.


NEW BUSINESS


Representatives Williamson and W.J. Murphy introduce (02-H 7000) An Act relating to cities and towns.

Read and referred to the Committee on Corporations.

Representatives Kennedy, Garvey, Lewiss, George, Scott and Thompson introduce (02-H 7001) An Act relating to towns and cities - payments to fire companies.

Read and referred to the Committee on Corporations.

Representatives Kennedy, Knickle, Coderre, George, Lewiss and several other members of the House introduce (02-H 7002) An Act relating to businesses and professions - unsolicited telephone sales calls.

Read and referred to the Committee on Corporations.

Representatives Lima, Williams, Menard, Smith, Moura and Cicilline introduce (02-H 7003) House Resolution requesting the Public Utilities Commission (PUC) to investigate the New England Gas Company's practices pertaining to the health and safety of the citizens of Rhode Island.

Read and referred to the Committee on Corporations.

Representatives Barr, Menard, San Bento, Guthrie and T. Brien introduce (02-H 7004) An Act relating to motor and other vehicles.

Read and referred to the Committee on Corporations.

Representatives Long and W.H. Murphy introduce (02-H 7005) An Act relating to state affairs and government - Economic Development Corporation.

Read and referred to the Committee on Corporations.

Representatives Lewiss, Anguilla, Story, Hogan, Gorham, Gallison and Flaherty introduce (02-H 7006) An Act relating to cities and towns.

Read and referred to the Committee on Corporations.

Representatives Flaherty, Winfield and Hogan introduce (02-H 7007) An Act relating to towns and cities - injured or deceased correctional officers.

Read and referred to the Committee on Corporations.

Representatives Malik, Anguilla and Munschy introduce (02-H 7008) An Act relating to validating and ratifying amendments to the home rule charter of the town of Warren.

Read and referred to the Committee on Corporations.

Representatives Lanzi, Williams, S. Anderson, Bierman and Palangio introduce (02-H 7009) An Act relating to towns and cities - relief of injured and deceased firefighters, correctional officers and police officers.

Read and referred to the Committee on Corporations.

Representatives Williamson, W.J. Murphy and Fleury introduce (02-H 7010) An Act relating to property subject to taxation.

Read and referred to the Committee on Corporations.

Representatives Kennedy, Henseler, Barr, Palangio, Reilly and several other members of the House introduce (02-H 7011) An Act relating to credit card lending.

Read and referred to the Committee on Corporations.

Representative Hogan introduces (02-H 7012) An Act relating to businesses and professions - health clubs.

Read and referred to the Committee on Corporations.

Representatives Schadone, Kennedy, Corvese, Anguilla and Reilly introduce (02-H 7013) An Act relating to commercial law - credit card solicitation.

Read and referred to the Committee on Corporations.

Representatives Aiken, Cicilline, Anguilla, Lally and Hogan introduce (02-H 7014) An Act relating to criminal procedure - grand juries.

Read and referred to the Committee on Judiciary.

Representatives Flaherty, Winfield and Hogan introduce (02-H 7015) An Act relating to state affairs and government - corrections department.

Read and referred to the Committee on Judiciary.

Representatives Jacquard, Gallison, Anguilla, W.H. Murphy, Williamson and several other members of the House introduce (02-H 7016) An Act relating to commercial law - deceptive trade practices.

Read and referred to the Committee on Judiciary.

Representatives Schadone, Hogan, Anguilla, Flaherty and W.J. Murphy introduce (02-H 7017) An Act relating to insurance - unfair claims settlement practices act.

Read and referred to the Committee on Judiciary.

Representatives Malik, Anguilla and Munschy, introduce (02-H 7018) An Act relating to towns and cities - general powers.

Read and referred to the Committee on Judiciary.

Representatives Flaherty, Winfield and Hogan introduce (02-H 7019) An Act relating to criminal offenses - sexual assault.

Read and referred to the Committee on Judiciary.

Representatives Lewiss, Henseler, Naughton, Cicilline, Anguilla and Mumford introduce (02-H 7020) An Act relating to animals and animal husbandry.

Read and referred to the Committee on Judiciary.

Representatives Shavers, Benson, Coelho, Gallison, Almeida, Thompson and Abdullah-Odiase introduce (02-H 7021) An Act relating to property - security deposits.

Read and referred to the Committee on Judiciary.

Representatives Williamson and W.J. Murphy introduce (02-H 7022) An Act relating to domestic relations - support of children - prepaid support.

Read and referred to the Committee on Judiciary.

Representatives W.J. Murphy, Williamson, Caprio, Gallison, Coelho and Benson introduce (02-H 7023) Joint Resolution extending the reporting date of the special legislative commission to study an enhanced role for probation and parole.

Read and referred to the Committee on Judiciary.

Representatives Williamson and W.J. Murphy introduce (02-H 7024) An Act relating to domestic relations - child custody.

Read and referred to the Committee on Judiciary.

Representatives Lewiss, George, Crowley, Naughton, Moura, Callahan and Dennigan introduce (02-H 7025) An Act relating to state affairs and government - art for public facilities.

Read and referred to the Committee on Finance.

Representatives Benson, Henseler, George, Garvey, Shavers and several other members of the House introduce (02-H 7026) An Act relating to personal income tax.

Read and referred to the Committee on Finance.

Representative Winfield introduces (02-H 7027) An Act relating to motor and other vehicles.

Read and referred to the Committee on Finance.

Representatives Amaral, W.H. Murphy, Long, Trillo, Savage and Story introduce (02-H 7028) An Act relating to the sales tax.

Read and referred to the Committee on Finance.

Representative Williamson introduces (02-H 7029) An Act relating to public finance - state funds.

Read and referred to the Committee on Finance.

Representative Williamson introduces (02-H 7030) An Act relating to taxation.

Read and referred to the Committee on Finance.

Representative Williamson introduces (02-H 7031) An Act relating to the establishment and extension of gambling activities.

Read and referred to the Committee on Finance.

Representatives Williamson and W.J. Murphy introduce (02-H 7032) An Act relating to education.

Read and referred to the Committee on Finance.

Representatives Gallison, Anguilla, Malik, Long, San Bento and several other members of the House introduce (02-H 7033) An Act relating to the Rhode Island Veterans' Home.

Read and referred to the Committee on Finance.

Representatives Long, Gallison, Maher, Savage, Amaral and several other members of the House introduce (02-H 7034) An Act relating to military affairs and defense - Rhode Island Veterans' Home.

Read and referred to the Committee on Finance.

Representatives T. Brien, Gallison, Iwuc, Winfield, Menard and several other members of the House introduce (02-H 7035) An Act relating to public officers and employees.

Read and referred to the Committee on Finance.

Representatives Levesque, Amaral, Long and Maher introduce (02-H 7036) An Act relating to highways - construction and maintenance of state roads.

Read and referred to the Committee on Finance.

Representatives Naughton, M. Anderson, Crowley, Carter, Henseler and several other members of the House introduce (02-H 7037) An Act relating to education - University of Rhode Island.

Read and referred to the Committee on Finance.

Representatives Flaherty, Winfield and Hogan introduce (02-H 7038) An Act relating to public officers and employees - retirement system - contributions and benefits.

Read and referred to the Committee on Finance.

Representatives Dennigan and Malik introduce (02-H 7039) An Act relating to libraries.

Read and referred to the Committee on Finance.

Representatives Menard, Reilly, Iwuc and Moran introduce (02-H 7040) An Act relating to education - school housing aid.

Read and referred to the Committee on Finance.

Representatives Anguilla, Malik and Long introduce (02-H 7041) An Act relating to taxation.

Read and referred to the Committee on Finance.

Representatives Giannini, Flaherty and Menard introduce (02-H 7042) An Act relating to health and safety - licensing of health care facilities.

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

Representative Dennigan introduces (02-H 7043) House Resolution proclaiming November 17, 2002 as ``Professional Pet Assisted Therapy Day'' in the State of Rhode Island.

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

Representatives Scott, Bierman, Shanley, Garvey and Kennedy introduce (02-H 7044) House Resolution respectfully urging the Coalition of Northeastern Governors (CONEG) to promote a policy banning the use of MTBE as a gasoline additive in the northeastern region of the United States.

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

Representatives Malik, Anguilla, Iwuc, Munschy, Winfield and Gallison introduce (02-H 7045) An Act relating to the regulation of boats.

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

Representatives Williamson and W.J. Murphy introduce (02-H 7046) House Resolution respectfully requesting the State Traffic Commission to install a traffic control signal in the town of West Warwick.

Read and referred to the Joint Committee on Highway Safety.

Representative Faria introduces (02-H 7047) An Act relating to sports, racing and athletics.

Read and referred to the Committee on Labor.

Representatives S. Anderson and Lanzi introduce (02-H 7048) An Act relating to labor and labor relations - inspection of personnel files.

Read and referred to the Committee on Labor.

Representatives Flaherty, McCauley and Menard introduce (02-H 7049) An Act relating to labor and labor relations - correctional officers arbitrators.

Read and referred to the Committee on Labor.

Representatives Gorham, Fleury, W.H. Murphy, Savage, Story and several other members of the House introduce (02-H 7050) 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.

The Honorable Speaker Harwood and Representatives T. Brien, Kennedy, W.J. Murphy, Coogan and several other members of the House introduce (02-H 7051) House Resolution congratulating the New England Patriots for their victory in the AFC Championship game over the Pittsburgh Steelers and advancing to the Super Bowl.

The Honorable Speaker Harwood requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of the Honorable Speaker Harwood, seconded by the entire House of Representatives, and by unanimous consent, on a voice vote.

Representatives Iwuc, Malik, Munschy and Menard introduce (02-H 7052) House Resolution proclaiming the week of February 3-9, 2002 to be ``Scouting Week 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.

Representative Long introduces (02-H 7053) House Resolution congratulating Robert Perry on being named ``Good Citizen of the Year'' by the National Society Daughters of the American Revolution.

Representative Long requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Iwuc, Munschy, Malik, McNamara, T. Brien and several other members of the House introduce (02-H 7054) House Resolution proclaiming October 21-25, 2002 as ``Children's Firearm Safety Week'' in the State of Rhode Island.

Representative Iwuc requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Corvese, Schadone, DeSimone and Vieira introduce (02-H 7055) An Act relating to the town of North Providence - tax incentive program.

Representative Corvese requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Corvese, seconded by Representatives Schadone and Vieira, and by unanimous consent, on a roll call vote, 73 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 73:

The Honorable Speaker Harwood and Representatives Aiken, Ajello, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Callahan, Carroll, Cerra, Cicilline, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Faria, Flaherty, Gallison, Garvey, George, Giannini, Gorham, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lanzi, Lewiss, Lima, Long, Maher, Malik, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Palumbo, Picard, Pires, Pisaturo, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Slater, Smith, Story, Sullivan, Thompson, Vieira, Williams, Winfield.

NAYS - 0.

Representatives Aiken, San Bento, Fleury and Rabideau introduce (02-H 7056) An Act relating to redistricting of the General Assembly.

Read and referred to the Committee on Judiciary.

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.

CALENDAR


From the Calendar is taken:

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

Committee on Corporations recommends passage. The act has been moved and seconded, supra.

Representative Williams discusses the act.

Read and passed, on a roll call vote, 75 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 75:

The Honorable Speaker Harwood and Representatives Aiken, Ajello, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Callahan, Caprio, Carroll, Cerra, Coderre, Coelho, Coogan, Corvese, Costantino, Dennigan, DeSimone, Faria, Flaherty, Fox, Gallison, Garvey, George, Giannini, Gorham, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Knickle, Lally, Lanzi, Lewiss, Long, Maher, Malik, Martineau, McCauley, McNamara, Montanaro, Moran, Moura, Munschy, Murphy, W.H., Palangio, Palumbo, Picard, Pisaturo, Rabideau, Reilly, Rose, San Bento, Schadone, Scott, Shanley, Sherlock, Slater, Story, Sullivan, Tejada, Thompson, Vieira, Wasylyk, Watson, Williams, Winfield.

NAYS - 0.

Representative McNamara requests to exercise Rule 64 at the end of session.

There is no objection.

ANNOUNCEMENTS
Majority Leader Martineau announces details for bill deadline.

Also: Majority Leader Martineau announces the photographer will be here tomorrow in the House Lounge at 3:00 o'clock P.M. to take photos for the Rhode Island website.

Also:

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

Also:

Representative Sherlock announces that the Committee on Finance will meet today at the rise of the House in Room 35 of the State House.

ADJOURNMENT


At 4:35 o'clock P.M. on motion of the Honorable Speaker Harwood and Representatives Sullivan and Savage, and as a further mark of respect to the memory of William Feeney, seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION

REPRESENTATIVE DAVID S. IWUC



Lord, we have been sent to these positions of responsibility by the people. Make us mindful that we are their servants. Give us the wisdom and energy to serve them honestly and well. Amen.

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
Tuesday, January 29, 2002

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
Tuesday, January 29, 2002



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