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. 18 Thursday, February 7, 2002 Eighteenth Day


The House of Representatives meets at the State House in Providence, Thursday, February 7, 2002, and is called to order at 4:08 o'clock P.M., by the Honorable John B. Harwood, Speaker.

The roll is called and a quorum is declared present with 89 members present and 11 members absent as follows:

PRESENT - 89: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Callahan, Caprio, Carroll, Cerra, Cicilline, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Guthrie, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Pires, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Simonian, Slater, Smith, Story, Sullivan, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

ABSENT - 11: Representatives Abdullah-Odiase, Cambio, Carter, Coelho, Crowley, Faria, Hetherington, Lowe, Pisaturo, Quick, Tejada.

INVOCATION


The Honorable Speaker presents Representative McCauley, 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 Journals of Tuesday, February 5, and Wednesday, February 6, 2002, are approved as printed.

GUESTS


Representatives Amaral, Smith and Lima welcome to the House Chambers as guests Joy Benson, Jan Williams, Pat Naylor and Fredin Bennett.

EFFECTIVE WITHOUT SIGNATURE OF

THE GOVERNOR


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

(02-H 6934) An Act to vacate the forfeiture or revocation of the charter of Kent House, Inc., effective February 6, 2002.

EDWARD S. INMAN, III
Secretary of State

Received and ordered to be placed on file.


COMMUNICATION FROM THE SENATE


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

(02-S 2443) An Act reinstating and restoring forfeited or revoked corporate charters.

Representative Corvese requests unanimous consent for immediate consideration.

There is no objection. Read and passed in concurrence, on motion of Representative Corvese, seconded by Representative Callahan, and by unanimous consent, on a roll call vote, 60 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 60: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Caprio, Cerra, Fleury, Fox, Gallison, Garvey, George, Giannini, Guthrie, Henseler, Hogan, Iwuc, Kennedy, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Maher, Martineau, McCauley, McNamara, Montanaro, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Picard, Reilly, Rose, San Bento, Savage, Scott, Shanley, Shavers, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Wasylyk, Williams.

NAYS - 0.

Representative Corvese requests the journal to reflect that his machine malfunctioned and if he had voted on (02-S 2443), he would have voted in the affirmative.

There is no objection.


NEW BUSINESS


Representatives Martineau and Callahan introduce (02-H 7696) 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 Amaral, Savage, Story, Callahan, Long and several other members of the House introduce (02-H 7697) House Resolution proclaiming February 4-8 as ``National School Counseling Week'' in the State of Rhode Island.

Representative Amaral requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Martineau and Callahan introduce (02-H 7698) 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.

Representatives Sullivan, Vieira, Corvese and Ajello introduce (02-H 7699) An Act to vacate the forfeiture or revocation of the charter of Rhode Island Transmission Exchange, Inc.

Representative Sullivan requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Sullivan, seconded by Representative Watson, 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: Representatives Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Bierman, Brien, S., Brien, T., Callahan, Caprio, Cerra, Cicilline, Coderre, Coogan, Corvese, Costantino, DeSimone, Fleury, Fox, Gallison, Garvey, George, Giannini, Gorham, Guthrie, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Knickle, Lally, Lanzi, Levesque, Lima, Long, Maher, Malik, Martineau, McCauley, McNamara, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palumbo, Picard, Pires, Rabideau, Reilly, Rose, San Bento, Savage, Scott, Shanley, Shavers, Sherlock, Simonian, Slater, Smith, Story, Sullivan, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS - 0.


NOTICES OF BILL/RESOLUTION

INTRODUCTION


Representative Iwuc gives notice that on the next legislative day, he will introduce a measure concerning law enforcement training and standards. This notice is given in compliance with House Rule 42.

DAVID S. IWUC
Representative, District 68

Received and ordered to be placed on file.

Representative Iwuc gives notice that on the next legislative day, he will introduce a measure concerning law enforcement accreditation. This notice is given in compliance with House Rule 42.

DAVID S. IWUC
Representative, District 68

Received and ordered to be placed on file.

Representative Iwuc gives notice that on the next legislative day, he will introduce a measure concerning motor vehicles. This notice is given in compliance with House Rule 42.

DAVID S. IWUC
Representative, District 68

Received and ordered to be placed on file.

Representative Barr gives notice that on the next legislative day, he will introduce a measure concerning labor and labor relations. This notice is given in compliance with House Rule 42.

JOHN DOUGLAS BARR II
Representative, District 59

Received and ordered to be placed on file.

Representative Barr gives notice that on the next legislative day, he will introduce a measure concerning zoning ordinances special use permits. This notice is given in compliance with House Rule 42.

JOHN DOUGLAS BARR II
Representative, District 59

Received and ordered to be placed on file.

Representative Sherlock gives notice that on the next legislative day, he will introduce a measure concerning airport security. This notice is given in compliance with House Rule 42.

PAUL V. SHERLOCK
Representative, District 30

Received and ordered to be placed on file.

Representative Fox gives notice that on the next legislative day, he will introduce a measure concerning technical changes to various general laws. This notice is given in compliance with House Rule 42.

GORDON FOX
Representative, District 5

Received and ordered to be placed on file.

Representative Henseler gives notice that on the next legislative day, she will introduce a measure concerning genetic testing - reimbursement for mammograms. This notice is given in compliance with House Rule 42.

SUZANNE M. HENSELER
Representative, District 44

Received and ordered to be placed on file.

Representative Caprio gives notice that on the next legislative day, he will introduce a measure concerning commercial fishing licensing. This notice is given in compliance with House Rule 42.

DAVID A. CAPRIO
Representative, District 47

Received and ordered to be placed on file.

Representative Reilly gives notice that on the next legislative day, he will introduce a measure concerning nonprofit dental service corp. This notice is given in compliance with House Rule 42.

DONALD O. REILLY, JR.
Representative, District 67

Received and ordered to be placed on file.

CALENDAR


From the Calendar are taken:

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''.

Representative Fox moves passage of the act, seconded by Representatives Naughton, Giannini, S. Brien, Cicilline, Lima, Reilly, Malik, Shavers, Pires, San Bento, Slater, Cerra, T. Brien, McNamara, Rose, W.H. Murphy, Story, Savage, Fleury and Sherlock.

Representatives Levesque, Fox, Fleury and Slater discuss the act.

NOW PRESIDING

At 4:27 o'clock P.M. the Honorable Speaker yields the rostrum to the Honorable Thomas J. Winfield, Deputy Speaker.

CALENDAR




Representatives Costantino, Cicilline, Pires, Lima, Benson, Coderre, Trillo and Sherlock discuss the act.

The bill marked Substitute ``A'' is read and passed, and the original bill indefinitely postponed, on a roll call vote, 79 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 79: Representatives Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Benson, Bierman, Brien, S., Brien, T., Callahan, Caprio, Cerra, Cicilline, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Fleury, Fox, Gallison, Garvey, George, Giannini, Gorham, Guthrie, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Knickle, Lally, Lanzi, Levesque, Lima, Long, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palumbo, Picard, Pires, Rabideau, Reilly, Rose, San Bento, Savage, Scott, Shanley, Shavers, Simonian, Slater, Smith, Story, Sullivan, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS - 0.

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

Committee on Corporations recommends passage.

Representative Kennedy moves passage of the act, seconded by Representatives Garvey, Slater and Scott.

Read and passed, on a roll call vote, 76 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 76: Representatives Aiken, Ajello, Almeida, Anderson, M., Anderson, S., Anguilla, Benson, Bierman, Brien, S., Brien, T., Callahan, Caprio, Cerra, Cicilline, Coderre, Coogan, Corvese, Costantino, Dennigan, DeSimone, Fleury, Fox, Gallison, Garvey, George, Giannini, Gorham, Guthrie, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Knickle, Lally, Lanzi, Levesque, Lima, Long, Maher, Martineau, McCauley, McNamara, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palumbo, Picard, Pires, Rabideau, Reilly, Rose, San Bento, Savage, Scott, Shanley, Shavers, Simonian, Slater, Smith, Story, Sullivan, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS - 0.

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

Also:

Majority Leader Martineau announces that session will reconvene on Tuesday at 3:00 o'clock P.M. so members may attend the Welcome Rally for the World Champion Patriots.

ADJOURNMENT
At 5:00 o'clock P.M. on motion of Representative Thompson, and as a further mark of respect to the memory of Benny Brccolo; on motion of Representative Caprio, and as a further mark of respect to the memory of Donald Kirwan; on motion of Representative Shanley, and as a further mark of respect to the memory of Anthony ``Bun'' Yemma; on motion of Representative Williams, and as a further mark of respect to the memory of Julian ``Buster'' Freeman; seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION

REPRESENTATIVE JOHN J. McCAULEY, JR.


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

TRANSMITTED TO THE GOVERNOR




(02-S 2443) An Act reinstating and restoring forfeited or revoked corporate charters.

Appendix



CALENDAR


In order for Wednesday, February 13, 2002:

1. (02-H6798) An Act validating and ratifying an amendment to the charter of the town of West Greenwich.

Committee on Corporations recommends passage.

LOUIS D'ANTUONO
Clerk of the House
Thursday, February 7, 2002



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