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. 14 Wednesday, January 30, 2002 Fourteenth Day


The House of Representatives meets at the State House in Providence, Wednesday, January 30, 2002, and is called to order at 4:04 o'clock P.M., by the Honorable John B. Harwood, Speaker.

The roll is called and a quorum is declared present with 95 members present and 5 members absent as follows:

PRESENT - 95:

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, Cambio, Caprio, Carroll, 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., Palangio, Palumbo, Picard, Pires, Pisaturo, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Simonian, Slater, Smith, Story, Sullivan, Tejada, Trillo, Vieira, Voccola, Watson, Williams, Williamson, Winfield.

ABSENT - 5: Representatives Carter, Naughton, Quick, Thompson, Wasylyk.

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 Tuesday, January 29, 2002, is approved as printed.

ANNOUNCEMENT


Representative Thompson will be unable to attend session on today or tomorrow due to medical testing.

GUESTS


Representative Simonian welcomes to the House Chambers as guests Den 4 of Cub Scout Pack 2 Cranston. The Cub Scouts are Michael Mulcahy II, Brian Brothers, Bryan Mercier, Joseph Esposito and Garret Milner; the Den Leader of Den 4 is Michael Mulcahy, Sr.

Also:

Representative McNamara welcomes to the House Chambers as a guest Andrew A'Denegan.

REPORTS OF COMMITTEES
TRANSFER OF BILLS


Representative Kennedy, for the Committee on Corporations, reports back the following measure, with recommendation of transfer to the Committee on Health, Education and Welfare:

(02-H 6829) An Act relating to insurance.

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

Representative Kennedy, for the Committee on Corporations, reports back the following measure, with recommendation of transfer to the Committee on Finance:

(02-H 6918) An Act relating to medical savings account.

Received and referred to the Committee on Finance.

COMMITTEE ON CORPORATIONS


Representative Kennedy, for the Committee on Corporations, reports back the following measure, with recommendation of passage:

(02-H 6943) An Act relating to zoning ordinance - town of Charlestown.

Received and ordered to be placed on the Calendar.

COMMITTEE ON FINANCE


Representative Fox, for the Committee on Finance, reports back the following measures, with recommendation of passage:

(02-H 6626) (Substitute "A'') An Act relating to the financing of housing programs.

Received and ordered to be placed on the Calendar.


NEW BUSINESS


Representatives Gorham, George, Guthrie, Fleury, S. Anderson, Montanaro and Mumford introduce (02-H 7057) An Act relating to the regulation of earth removal and gravel processing in the town of Coventry.

Read and referred to the Committee on Corporations.

Representative Gorham introduces (02-H 7058) An Act relating to motor and other vehicles - size, weight and load limits.

Read and referred to the Committee on Corporations.

Representative Gorham introduces (02-H 7059) An Act relating to highways - construction and maintenance of state roads.

Read and referred to the Joint Committee on Highway Safety.

Representatives Gorham and Mumford introduce (02-H 7060) An Act relating to bridle and hiking trails.

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

Representatives Long, Savage, Amaral, Scott, Anguilla and Maher introduce (02-H 7061) An Act relating to veterans' retirement benefits.

Read and referred to the Committee on Finance.

Representatives Gorham and Scott introduce (02-H 7062) An Act relating to foundation level school support.

Read and referred to the Committee on Finance.

Representatives San Bento, Moura, Shanley and Anguilla introduce (02-H 7063) An Act relating to towns and cities - uniform relocation payments.

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

Representatives San Bento, Moura, Shanley, Anguilla and Aiken introduce (02-H 7064) An Act relating to installers of individual sewage disposal systems.

Read and referred to the Committee on Labor.

Representatives Gorham, Mumford, Carroll and Scott introduce (02-H 7065) An Act relating to education - student investment initiative.

Read and referred to the Committee on Finance.

Representatives Winfield and Hogan introduce (02-H 7066) An Act relating to towns and cities - retirement of municipal employees.

Read and referred to the Committee on Corporations.

Representatives Moura, McCauley, Costantino and Slater introduce (02-H 7067) An Act relating to indebtedness of towns and cities - pension fund refinancing bonds.

Read and referred to the Committee on Corporations.

Representative Gorham introduces (02-H 7068) An Act relating to the regulation of earth removal and gravel processing in the town of Foster.

Read and referred to the Committee on Corporations.

Representatives Coogan, Moura, Iwuc, Munschy, Malik and several other members of the House introduce (02-H 7069) An Act relating to motor vehicles - police major emeritus.

Read and referred to the Committee on Special Legislation.

Representatives Moran, Iwuc, Williams, Slater and Schadone introduce (02-H 7070) An Act relating to hunting and hunting safety.

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

Representatives Schadone, Corvese, T. Brien, Vieira, Sullivan and Cerra introduce (02-H 7071) An Act relating to criminal offenses - assaults.

Read and referred to the Committee on Judiciary.

Representatives Gorham, George, Rabideau, Scott and McCauley introduce (02-H 7072) An Act relating to taxation - sales and use taxes - liability and computation.

Read and referred to the Committee on Finance.

Representatives Schadone, Reilly, Lally and Hogan introduce (02-H 7073) An Act relating to courts and civil procedure - liens against causes of action.

Read and referred to the Committee on Judiciary.

Representatives Long, Savage, Amaral, Scott, Maher and Anguilla introduce (02-H 7074) An Act relating to the elderly - pharmaceutical assistance.

Read and referred to the Committee on Finance.

Representatives Giannini, Flaherty, Lima, Malik, Faria and several other members of the House introduce (02-H 7075) An Act relating to taxation.

Read and referred to the Committee on Finance.

Representatives Schadone, Corvese, T. Brien, Moran, Sullivan, Vieira and Cerra introduce (02-H 7076) An Act relating to criminal offenses - breaking and entering.

Read and referred to the Committee on Judiciary.

Representatives Schadone, Corvese, Reilly, Hogan and Lally introduce (02-H 7077) An Act relating to criminal offenses - children.

Read and referred to the Committee on Judiciary.

Representatives George, Caprio, Giannini, Kennedy and Corvese introduce (02-H 7078) An Act relating to taxation - business corporation tax.

Read and referred to the Committee on Finance.

Representatives Fox, San Bento, Malik and Schadone introduce (02-H 7079) An Act relating to the business corporations act.

Read and referred to the Committee on Finance.

Representatives Rabideau, Dennigan, Hetherington and Ajello introduce (02-H 7080) An Act relating to zoning ordinances.

Read and referred to the Committee on Corporations.

Representatives Trillo, McNamara, Flaherty, Sherlock, Aiken and Knickle introduce (02-H 7081) An Act relating to the city of Warwick.

Read and referred to the Committee on Corporations.

Representatives Jacquard and Corvese introduce (02-H 7082) An Act relating to weapons.

Read and referred to the Committee on Judiciary.

Representatives Jacquard and Gallison introduce (02-H 7083) An Act relating to motor and other vehicles - equipment and accessories generally.

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

Representatives Gallison, Jacquard, Flaherty, Anguilla, Caprio and Coelho introduce (02-H 7084) An Act relating to education - compulsory attendance.

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

Representatives Flaherty and Cicilline introduce (02-H 7085) An Act relating to libraries - state law library.

Read and referred to the Committee on Judiciary.

Representatives Lanzi, Williams, Ajello, Giannini, Coderre, S. Brien and George introduce (02-H 7086) An Act relating to divorce and separation - domestic violence.

Read and referred to the Committee on Judiciary.

Representatives Lanzi, Williams, Ajello, Giannini, Coderre, S. Brien and George introduce (02-H 7087) An Act relating to divorce and separation - domestic violence.

Read and referred to the Committee on Judiciary.

Representatives T. Brien, Iwuc, Gallison and Schadone introduce (02-H 7088) An Act relating to fraudulent checks - small amounts.

Read and referred to the Committee on Judiciary.

Representative Pisaturo introduces (02-H 7089) An Act relating to labor and labor relations - division of occupational safety.

Read and referred to the Committee on Labor.

Representatives Slater, Williams, Coelho, Tejada, Almeida and several other members of the House introduce (02-H 7090) An Act relating to human services - health care for families.

Read and referred to the Committee on Finance.

Representatives T. Brien, Simonian and Schadone introduce (02-H 7091) An Act relating to civil action for offense of larceny.

Read and referred to the Committee on Judiciary.

Representatives Slater, Williams, Cicilline, Tejada, Almeida and several other members of the House introduce (02-H 7092) An Act relating to criminal procedure - indictments, informations and complaints.

Read and referred to the Committee on Judiciary. Representatives Caprio, W.J. Murphy, Schadone and Anguilla introduce (02-H 7093) An Act relating to death by wrongful act.

Read and referred to the Committee on Judiciary.

Representatives Caprio, W.J. Murphy, Schadone and Anguilla introduce (02-H 7094) An Act relating to courts and civil procedures - wrongful death.

Read and referred to the Committee on Judiciary.

Representatives S. Brien, Lima, Ajello, T. Brien, Carter, Henseler and Naughton introduce (02-H 7095) An Act relating to criminal procedure - domestic violence prevention act.

Read and referred to the Committee on Judiciary.

Representatives Carroll, Sherlock, George, Shavers, Dennigan and several other members of the House introduce (by request of the Lieutenant Governor) (02-H 7096) An Act relating to taxation.

Read and referred to the Committee on Finance.

Representatives Gorham and Mumford introduce (02-H 7097) House Resolution extending the reporting date of the special House commission to study the designation of Route 14 as an historic highway.

Representative Gorham requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Gallison, Anguilla and Barr introduce (02-H 7098) House Resolution extending the reporting date of the special House commission to study the feasibility of constructing a new wing to the Veterans' Home in Bristol.

Representative Gallison requests unanimous consent for immediate consideration.

There is no objection.

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

CALENDAR


From the Calendar is taken:

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

Committee on Corporations recommends passage.

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

Read and passed, on a roll call vote, 80 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 80:

The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Bierman, Brien, S., Brien, T., Cambio, Caprio, Carroll, Cerra, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, Flaherty, Fleury, Fox, Garvey, George, Giannini, Ginaitt, Gorham, Guthrie, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Lanzi, Levesque, Lewiss, Lima, Long, Maher, Malik, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.J., Palumbo, Picard, Pires, Pisaturo, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Simonian, Slater, Story, Sullivan, Tejada, Trillo, Vieira, Voccola, Watson, Williams, Williamson, Winfield.

NAYS - 0.

CONSENT CALENDAR




From the Consent Calendar are taken:

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.

Read and passed, on motion of Representative Martineau, seconded by Representative Watson, and by unanimous consent, on a voice 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 Cambio announces that the Committee on Health, Education and Welfare will meet today at the rise of the House in Room 135 of the State House.

Also:

Representative Scott announces that Representative Carter is in South County Hospital. Both the Speaker and Representative Scott send out their best wishes.

Also:

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

ADJOURNMENT


At 4:20 o'clock P.M. on motion of Representative Sullivan, and as a further mark of respect to the memory of Frank Delle Femine, seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION

REPRESENTATIVE RICHARD E. FLEURY



Dear God, bless our efforts as we labor in this chamber to solve the problems and meet the needs of the people of Rhode Island. Strengthen our resolve to do that which is best for all the people, even though it may not be popular. Amen.

Appendix



CALENDAR


In order for Wednesday, February 6, 2002:

1. (02-H6626) (Substitute "A'') An Act approving the financing of housing programs.

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

2. (02-H6943) An Act relating to zoning ordinance - town of Charlestown.

Committee on Corporations recommends passage.

LOUIS D'ANTUONO
Clerk of the House
Wednesday, January 30, 2002



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

Thank you for stopping by!