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.
Volume129, No. 20 Wednesday, February 13, 2002 Twentieth Day


The House of Representatives meets at the State House in Providence, Wednesday, February 13, 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 Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, T., Callahan, Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Coogan, Corvese, Costantino, Dennigan, 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., Palangio, Palumbo, Picard, Quick, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Simonian, Slater, Smith, Story, Tejada, Thompson, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

ABSENT - 11: Representatives Brien, S., Cambio, Coelho, Crowley, DeSimone, Murphy, W.J., Naughton, Pires, Pisaturo, Sullivan, Trillo.

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.)


CORRECTION


By unanimous consent, the House Journal of Tuesday, February 12, 2002, is hereby corrected on page 3, column 1, by deleting lines 16 and 17, and inserting:

(02-S 2473) An Act authorizing the town of Lincoln to issue general obligation bonds and notes in an amount not to exceed $35,000,000 for the acquisition of land for a new middle school and school facilities, the construction of a new middle school and additions to existing schools, and the renovation, rehabilitation, repair, improvements, furnishing and equipping of schools and school facilities, and the school administration building in the town.

APPROVAL OF RECORD


By unanimous consent, the House Journal of Tuesday, February 12, 2002, is approved as corrected.

ANNOUNCEMENTS


Representative Moura will be absent from Session today. He will be out of town.

Also:

Representative Naughton will be out of town and unable to attend session today.

Also:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS



HOUSE OF REPRESENTATIVES


February 12, 2002

The following Representative is hereby appointed to the Joint Committee on Water Resources:

Representative Fausto C. Anguilla
VICE
Representative Arthur J. Corvese

JOHN B. HARWOOD
Speaker

Received and ordered to be placed on file.

Also:

Representative Lima wishes Ella Fiorenzano a Happy ``90th'' Valentine Birthday.

REPORTS OF COMMITTEES
TRANSFER OF BILLS


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

(02-H 6970) An Act relating to complaints of harassment.

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

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

(02-H 7111) An Act relating to criminal procedure - ballistic identification databank.

Received and referred to the Committee on Finance.

COMMITTEE ON JUDICIARY


Representative Flaherty, for the Committee on Judiciary, reports back the following measure, with recommendation of passage:

(02-H 6735) An Act relating to solemnization of marriages.

Received and ordered to be placed on the Calendar.


NEW BUSINESS


Representatives Palangio and Reilly introduce (02-H 7713) An Act relating to towns and cities - benefits for fire fighters.

Read and referred to the Committee on Finance.

Representatives Palangio and Reilly introduce (02-H 7714) An Act relating to towns and cities - benefits for fire fighters.

Read and referred to the Committee on Finance.

Representatives Palangio and Reilly introduce (02-H 7715) An Act relating to relief of firefighters and police officers.

Read and referred to the Committee on Finance.

Representative Iwuc introduces (by request) (02-H 7716) An Act relating to state affairs and government - the Rhode Island Law Enforcement Accreditation Commission.

Read and referred to the Committee on Judiciary.

Representative Iwuc introduces (by request) (02-H 7717) An Act relating to state affairs and government - law enforcement standards and training.

Read and referred to the Committee on Judiciary.

Representative Barr introduces (02-H 7718) An Act relating to labor and labor relations - minimum wages.

Read and referred to the Committee on Labor.

Representatives Kilmartin, M. Anderson, Coderre, San Bento, Vieira, Dennigan and Cicilline introduce (02-H 7719) An Act relating to motor and other vehicles - registration of vehicles.

Read and referred to the Committee on Special Legislation.

Representatives Sherlock, Naughton, Knickle, McNamara and Aiken introduce (02-H 7720) An Act relating to criminal offenses - weapons.

Read and referred to the Committee on Judiciary.

Representatives Henseler, George, Giannini, S. Brien and Coderre introduce (02-H 7721) An Act relating to insurance.

Read and referred to the Committee on Corporations.

Representatives Reilly, Kennedy, Barr, Shanley, Caprio, Picard and Palangio introduce (02-H 7722) An Act relating to nonprofit dental service corporations.

Read and referred to the Committee on Corporations.

Representatives Iwuc, Malik, Munschy, Reilly and Moran introduce (02-H 7723) An Act relating to motor and other vehicles - miscellaneous rules.

Read and referred to the Committee on Corporations.

Representative Barr introduces (02-H 7724) An Act relating to towns and cities - zoning ordinance - special - use permit.

Read and referred to the Committee on Corporations.

Representatives Carter, Fox and San Bento introduce (02-H 7725) An Act relating to statutes and statutory construction.

Read and referred to the Committee on Corporations.

Representatives Gallison and Ginaitt introduce (02-H 7726) House Resolution commemorating Lithuanian Independence Day on February 16, 2002.



Representative Gallison requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Anguilla and Gallison introduce (02-H 7727) House Resolution congratulating Peter Vanisclen on attaining the rank of Eagle Scout.

Representative Anguilla requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Anguilla and Gallison introduce (02-H 7728) House Resolution congratulating Daniel J. Ouellette on attaining the rank of Eagle Scout.

Representative Anguilla requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Gallison and Anguilla introduce (02-H 7729) House Resolution congratulating Bryan Leffingwell on attaining the rank of Eagle Scout.

Representative Gallison requests unanimous consent for immediate consideration.

There is no objection.

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

Representative Abdullah-Odiase introduces (02-H 7730) House Resolution recognizing the Citizens Commission on Human Rights for 33 years of commitment and dedication to securing human rights for children and people of all ages in the field of mental health.

Representative Abdullah-Odiase requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Benson, Carter, Fox, Williams, George and several other members of the House introduce (02-H 7731) House Resolution congratulating Walter Dewey Kettelle on his retirement from the North Kingstown School Department.

Representative Benson requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Watson and Quick introduce (by request of the Governor) (02-H 7732) An Act making appropriations for the support of the state for the fiscal year ending June 30, 2003.

Read and referred to the Committee on Finance.


NOTICES OF BILL/RESOLUTION

INTRODUCTION


Representative Long gives notice that on the next legislative day, he will introduce a measure concerning naming state constructions.

This notice is given in compliance with House Rule 42.

BRUCE J. LONG
Representative, District 95

Received and ordered to be placed on file.

Representative Kennedy gives notice that on the next legislative day, he will introduce a measure concerning electricity restructuring.

This notice is given in compliance with House Rule 42.

BRIAN P. KENNEDY
Representative, District 16

Received and ordered to be placed on file.

Representative Slater gives notice that on the next legislative day, he will introduce a measure concerning electric rates.

This notice is given in compliance with House Rule 42.

THOMAS C. SLATER
Representative, District 17

Received and ordered to be placed on file.

Representative Slater gives notice that on the next legislative day, he will introduce a measure concerning PUC.

This notice is given in compliance with House Rule 42.

THOMAS C. SLATER
Representative, District 17

Received and ordered to be placed on file.

Representative Slater gives notice that on the next legislative day, he will introduce a measure concerning electric shutoffs.

This notice is given in compliance with House Rule 42.

THOMAS C. SLATER
Representative, District 17

Received and ordered to be placed on file.

Representative Lally gives notice that on the next legislative day, he will introduce a measure concerning DEM and permit applications.

This notice is given in compliance with House Rule 42.

DONALD J. LALLY, JR.
Representative, District 48

Received and ordered to be placed on file.

Representative Lally gives notice that on the next legislative day, he will introduce a measure concerning electricians.

This notice is given in compliance with House Rule 42.

DONALD J. LALLY, JR.
Representative, District 48

Received and ordered to be placed on file.

Representative Lally gives notice that on the next legislative day, he will introduce a measure concerning electricians.

This notice is given in compliance with House Rule 42.

DONALD J. LALLY, JR.
Representative, District 48

Received and ordered to be placed on file.

Representative Lally gives notice that on the next legislative day, he will introduce a measure concerning businesses and professions.

This notice is given in compliance with House Rule 42.

DONALD J. LALLY, JR.
Representative, District 48

Received and ordered to be placed on file.

Representative Schadone gives notice that on the next legislative day, he will introduce a measure concerning relating to death by wrongful act.

This notice is given in compliance with House Rule 42.

GREGORY J. SCHADONE
Representative, District 70

Received and ordered to be placed on file.

Representative Schadone gives notice that on the next legislative day, he will introduce a measure concerning elections - Secretary of State.

This notice is given in compliance with House Rule 42.

GREGORY J. SCHADONE
Representative, District 70

Received and ordered to be placed on file.

Representative Schadone gives notice that on the next legislative day, he will introduce a measure concerning a proposition of amendment to the constitution of the state (eligibility to vote).

This notice is given in compliance with House Rule 42.

GREGORY J. SCHADONE
Representative, District 70

Received and ordered to be placed on file.

Representative Schadone gives notice that on the next legislative day, he will introduce a measure concerning relating to elections - general provisions.

This notice is given in compliance with House Rule 42.

GREGORY J. SCHADONE
Representative, District 70

Received and ordered to be placed on file.

Representative Almeida gives notice that on the next legislative day, he will introduce a measure concerning fair employment practices.

This notice is given in compliance with House Rule 42.

JOSEPH S. ALMEIDA
Representative, District 20

Received and ordered to be placed on file.

Representative Hetherington gives notice that on the next legislative day, she will introduce a measure concerning health insurance coverage.

This notice is given in compliance with House Rule 42.

NANCY C. HETHERINGTON
Representative, District 28

Received and ordered to be placed on file.

Representative Hetherington gives notice that on the next legislative day, she will introduce a measure concerning health and safety.

This notice is given in compliance with House Rule 42.

NANCY C. HETHERINGTON
Representative, District 28

Received and ordered to be placed on file.

Representative Hetherington gives notice that on the next legislative day, she will introduce a measure concerning family independence act.

This notice is given in compliance with House Rule 42.

NANCY C. HETHERINGTON
Representative, District 28

Received and ordered to be placed on file.

Representative Hetherington gives notice that on the next legislative day, she will introduce a measure concerning medical assistance eligibility.

This notice is given in compliance with House Rule 42.

NANCY C. HETHERINGTON
Representative, District 28

Received and ordered to be placed on file.

Representative Hetherington gives notice that on the next legislative day, she will introduce a measure concerning health education and safety of pupils.

This notice is given in compliance with House Rule 42.

NANCY C. HETHERINGTON
Representative, District 28

Received and ordered to be placed on file.

Representative Hetherington gives notice that on the next legislative day, she will introduce a measure concerning mental health nurse.

This notice is given in compliance with House Rule 42.

NANCY C. HETHERINGTON
Representative, District 28

Received and ordered to be placed on file.

Representative Hetherington gives notice that on the next legislative day, she will introduce a measure concerning family independence act.

This notice is given in compliance with House Rule 42.

NANCY C. HETHERINGTON
Representative, District 28

Received and ordered to be placed on file.

Representative Hetherington gives notice that on the next legislative day, she will introduce a measure concerning office of patient advocate.

This notice is given in compliance with House Rule 42.

NANCY C. HETHERINGTON
Representative, District 28

Received and ordered to be placed on file.

Representative Hetherington gives notice that on the next legislative day, she will introduce a measure concerning health care coverage for public employees.

This notice is given in compliance with House Rule 42.

NANCY C. HETHERINGTON
Representative, District 28

Received and ordered to be placed on file.

Representative Hetherington gives notice that on the next legislative day, she will introduce a measure concerning GPA and medical benefits.

This notice is given in compliance with House Rule 42.

NANCY C. HETHERINGTON
Representative, District 28

Received and ordered to be placed on file.

Representative Hetherington gives notice that on the next legislative day, she will introduce a measure concerning rendering services while ill.

This notice is given in compliance with House Rule 42.

NANCY C. HETHERINGTON
Representative, District 28

Received and ordered to be placed on file.

Representative Aiken gives notice that on the next legislative day, she will introduce a measure concerning use of the national medical support notice.

This notice is given in compliance with House Rule 42.

DENISE C. AIKEN
Representative, District 35

Received and ordered to be placed on file.

CALENDAR


From the Calendar is taken:

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

Committee on Corporations recommends passage.

Representative George moves passage, seconded by Representative Scott. The bill is read and passed on a roll call vote, 67 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 67: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, T., Callahan, Caprio, Cerra, Coderre, Coogan, Corvese, Costantino, Faria, Gallison, George, Giannini, Ginaitt, Guthrie, Hetherington, Hogan, Iwuc, Jacquard, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Maher, Malik, McCauley, McNamara, Menard, Montanaro, Moran, Munschy, Murphy, W.H., Palangio, Palumbo, Picard, Rabideau, Reilly, Savage, Schadone, Scott, Shanley, Shavers, Slater, Smith, Story, Tejada, Thompson, 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 Kennedy announces that the Committee on Corporations will meet today after break in Room 203 of the State House.

Also:

Representative Hetherington announces that the Committee on Health, Education and Welfare will meet today after break in Room 135 of the State House.

Also:

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

ADJOURNMENT
At 4:22 o'clock P.M. on motion of Representative Story, and as a further mark of respect to the memory of William Chafee; on motion of Representatives Henseler, Benson and Carter, and as a further mark of respect to the memory of Claire Allen Anderson and Angela Arruda; seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION

REPRESENTATIVE RICHARD E. FLEURY



Lord, may it be Thy will, not our own, which governs our deliberations this day. Amen.

Appendix



CONSENT CALENDAR




In order for Wednesday, February 27, 2002:

1. (02-H7008) An Act validating and ratifying amendments to the home rule charter of the town of Warren.

Committee on Corporations recommends passage.

2. (02-S2006) An Act relating to taxation - property subject to taxation.

Committee on Corporations recommends passage in concurrence.

3. (02-S2054) An Act authorizing the town of Smithfield to issue not exceeding $8,600,000 general obligation bonds or notes for various capital projects.

Committee on Corporations recommends passage in concurrence.

4. (02-S2132) An Act reinstating and restoring forfeited or revoked corporate charters.

Committee on Corporations recommends passage in concurrence.

5. (02-S2159) An Act to vacate the forfeiture or revocation of the charter of St. Kel, Ltd.

Committee on Corporations recommends passage in concurrence.

6. (02-S2180) An Act to vacate the forfeiture or revocation of the charter of Rhode Island Directors Association for Senior Citizens Programs, Inc.

Committee on Corporations recommends passage in concurrence.

7. (02-S2183) An Act to vacate the forfeiture or revocation of the charter of Kent House, Inc.

Committee on Corporations recommends passage in concurrence.

LOUIS D'ANTUONO
Clerk of the House
Wednesday, February 13, 2002

Appendix



CALENDAR


In order for Thursday, February 28, 2002:

1. (02-H6735) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage.

LOUIS D'ANTUONO
Clerk of the House
Wednesday, February 13, 2002



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