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.22 Wednesday, February 27, 2002 Twenty-second Day


The House of Representatives meets at the State House in Providence, Wednesday, February 27, 2002, and is called to order at 4:10 o'clock P.M., by the Honorable John B. Harwood, Speaker.

The roll is called and a quorum is declared present with 90 members present and 10 members absent as follows:

PRESENT _ 90: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, T., Callahan, Cambio, Caprio, Carroll, Carter, Cerra, Cicilline, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Palangio, Palumbo, Picard, Pires, 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 _ 10: Representatives Brien, S., Coderre, Coelho, Faria, Gorham, Lima, Naughton, Pisaturo, Quick, Rabideau.

INVOCATION
The Honorable Speaker presents Representative S. Anderson, 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 26, 2002, is hereby corrected on page 3, column 1, after line 6, by inserting the following:

REPORTS OF COMMITTEES


COMMITTEE ON FINANCE


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

(02-H 6784) (Substitute ``A'') An Act authorizing the city of Woonsocket to finance the unfunded pension liability of the city of Woonsocket, by the issuance of not more than $90,000,000 bonds therefor.

Received and ordered to be placed on the Calendar for Thursday, February 28, 2002.



COMMITTEE ON CORPORATIONS


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

(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.

Received and ordered to be placed on the Calendar for Thursday, February 28, 2002.

and on page 11, column 2, after line 6, by inserting the following as items 2 and 3:

2. (02-H6784) (Substitute ``A'') An Act authorizing the city of Woonsocket to finance the unfunded pension liability of the city of Woonsocket, by the issuance of not more than $90,000,000 bonds therefor.

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

3. (02-S2473) 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.

Committee on Corporations recommends passage in concurrence.

APPROVAL OF RECORD


By unanimous consent, the House Journal of Tuesday, February 26, 2002, is approved as corrected.

ANNOUNCEMENTS


Representative Naughton will be out of the state at a conference and unable to attend session today, February 27, 2002.



Also:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS



HOUSE OF REPRESENTATIVES


February 27, 2002

Representative Kenneth Carter is hereby appointed as Vice-Chairman to the House Committee on Finance. JOHN B. HARWOOD Speaker

Received and ordered to be placed on file.

Also:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS



HOUSE OF REPRESENTATIVES


February 27, 2002

Representative Steven M. Costantino is hereby appointed as Chairman to the Finance Permanent Subcommittee of Human Services. JOHN B. HARWOOD Speaker

Received and ordered to be placed on file.

Also:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS



HOUSE OF REPRESENTATIVES


February 27, 2002

Representative Paul V. Sherlock is hereby appointed as Deputy Chairman to the House Committee on Finance. JOHN B. HARWOOD Speaker

Received and ordered to be placed on file.

GUESTS


Representatives Slater, Moura and Williams welcome to the House Chambers as guests from Dorcas Place, Adelina Rubin, Angelica Garcia, Jean Jackson, Emma Rivera, Magelia Perez, Mario Vasquez, Sharon Alexander, Carol Evans, Carmela Farrell, Mary Brady and Karen Chao.

REPORTS OF COMMITTEES
TRANSFER OF BILLS


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

(02-H 7007) An Act relating to towns and cities _ injured or deceased correctional officers.

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 7565) An Act relating to solemnization of marriages.

Received and ordered to be placed on the Calendar.

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

(02-S 2155) (Substitute ``A'') An Act relating to solemnization of marriages.

Received and ordered to be placed on the Calendar.

(02-S 2197) An Act relating to solemnization of marriages.

Received and ordered to be placed on the Calendar.

(02-S 2199) An Act relating to solemnization of marriages.

Received and ordered to be placed on the Calendar.


NEW BUSINESS


Representatives Thompson, Lewiss and Kennedy introduce (02-H 7765) An Act relating to the Permanent Joint Committee on Naming All New Buildings, Bridges, Edifices and Other State Constructions.

Read and referred to the Committee on Naming State Constructions.

Representative Kilmartin introduces (02-H 7766) An Act relating to alcoholic beverages.

Read and referred to the Committee on Judiciary.

Representative Crowley introduces (02-H 7767) An Act relating to solemnization of marriages.

Read and referred to the Committee on Judiciary.

Representatives Schadone, Aiken, W.H. Murphy, Lewiss, Malik and Corvese introduce (02-H 7768) Joint Resolution to approve and publish and submit to the electors a proposition of amendment to the Constitution of the State (eligibility to vote).

Read and referred to the Committee on Special Legislation.

Representatives Guthrie, Lewiss, Coogan, Montanaro, Menard, Aiken and Anguilla introduce (02-H 7769) An Act relating to motor and other vehicles _ equipment and accessories generally.

Read and referred to the Committee on Corporations.

Representatives Guthrie, Coogan, Lewiss, Anguilla and Aiken introduce (02-H 7770) An Act relating to military affairs and defense _ employment rights of members of armed forces.

Read and referred to the Committee on Labor.

Representative Kilmartin introduces (02-H 7771) An Act relating to alcoholic beverages _ retail licenses.

Read and referred to the Committee on Judiciary.

Representative Kilmartin introduces (02-H 7772) An Act relating to motor vehicles and other vehicles _ registration of vehicles.

Read and referred to the Committee on Judiciary.

Representatives Schadone, Aiken, W.H. Murphy, Lewiss, George and several other members of the House introduce (02-H 7773) An Act relating to elections _ Secretary of State.

Read and referred to the Committee on Finance.

Representatives Schadone, Anguilla, Caprio, Williamson and W.J. Murphy introduce (02-H 7774) An Act relating to death by wrongful act.

Read and referred to the Committee on Judiciary.

Representative Lanzi introduces (by request) (02-H 7775) An Act relating to businesses and professions.

Read and referred to the Committee on Labor.

Representatives Lally and Hogan introduce (02-H 7776) An Act relating to electricians.

Read and referred to the Committee on Labor.

Representatives Lally and Hogan introduce (02-H 7777) An Act relating to electricians _ apprenticeship.

Read and referred to the Committee on Labor.

Representatives Schadone, Aiken, George, W.H. Murphy, Lewiss and others introduce (02-H 7778) An Act relating to elections _ general provisions.

Read and referred to the Committee on Special Legislation.

Representatives Aiken, Lewiss, Flaherty, Dennigan and Anguilla introduce (02-H 7779) An Act relating to domestic relations _ divorce and separation.

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

Representative W.H. Murphy introduces (02-H 7780) An Act relating to taxation _ property subject to taxation.

Read and referred to the Committee on Corporations.

Representatives Flaherty, Kennedy and Reilly introduce (02-H 7781) An Act relating to alcoholic beverages.

Read and referred to the Committee on Corporations.

Representative W.H. Murphy introduces (02-H 7782) An Act relating to property tax relief in the town of Jamestown.

Read and referred to the Committee on Corporations.

Representatives Winfield and Hogan introduce (02-H 7783) An Act relating to the town of Smithfield.

Read and referred to the Committee on Corporations.

Representative Caprio introduces (02-H 7784) An Act to vacate the forfeiture or revocation of the charter of Shadbush, Inc.

Read and referred to the Committee on Corporations.

Representative W.H. Murphy introduces (02-H 7785) An Act relating to taxation _ property subject to taxation.

Read and referred to the Committee on Corporations.

Representatives Kennedy, Lewiss, Barr, Palangio, Caprio and several other members of the House introduce (02-H 7786) An Act relating to public utilities and carriers.

Read and referred to the Committee on Corporations.

Representative Winfield introduces (02-H 7787) An Act relating to nurses.

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

Representatives Fox, Sherlock, Crowley, Carter, Costantino, Giannini and San Bento introduce (02-H 7788) An Act relating to taxation.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

Representative Watson discusses the act.

Read and passed, on motion of Representative Fox, seconded by Representatives Moura, Martineau, Sherlock, San Bento, Costantino, Carter and George, on a roll call vote, 72 members voting in the affirmative and 2 members voting in the negative as follows:

YEAS _ 72: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Bierman, Brien, T., Callahan, Carroll, Carter, Cerra, Corvese, Costantino, Crowley, Dennigan, DeSimone, Flaherty, Fox, Gallison, George, Giannini, Ginaitt, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Knickle, Lanzi, Levesque, Long, Lowe, Maher, Malik, Martineau, McNamara, Menard, Moran, Moura, Mumford, Munschy, Murphy, W.H., Palangio, Palumbo, Pires, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shavers, Sherlock, Simonian, Slater, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Voccola, Wasylyk, Williams, Winfield.

NAYS _ 2: Representatives Picard, Watson.

TRANSMITTAL


By unanimous consent, (02-H 7788) on the Clerk's desk is ordered to be transmitted to His Excellency, the Governor, and to the Honorable Senate forthwith.

By unanimous consent, the House refers back to New Business.


NEW BUSINESS


Representatives Tejada, Cicilline, Slater, Williams, T. Brien and several other members of the House introduce (02-H 7789) House Resolution commemorating the 158th Anniversary of Dominican Republic Independence on February 27, 2002.



Representative Tejada requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Martineau and Callahan introduce (02-H 7790) House Resolution expressing our deepest condolenes on the passing of William H. Hawksley.

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 Cambio, Long, Costantino, Almeida and Giannini introduce (02-H 7791) Joint Resolution memorializing Congress to address the inequities in Medicare reimbursements for mental health services.

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


NOTICES OF BILL/RESOLUTION

INTRODUCTION


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

This notice is given in compliance with House Rule 42.

FAUSTO C. ANGUILLA
Representative, District 90

Received and ordered to be placed on file.

Representative Lowe gives notice that on the next legislative day, he will introduce a measure concerning fire academy.

This notice is given in compliance with House Rule 42.

ROBERT B. LOWE
Representative, District 61

Received and ordered to be placed on file.

Representative Iwuc gives notice that on the next legislative day, he will introduce a measure concerning Joint Resolution appropriating $155.69 to pay the claim of Art Richard of Cumberland.

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 Mumford gives notice that on the next legislative day, she will introduce a measure concerning forest, farm, and open space.

This notice is given in compliance with House Rule 42.

CAROL A. MUMFORD
Representative, District 54

Received and ordered to be placed on file.

Representative T. Brien gives notice that on the next legislative day, he will introduce a measure concerning motor and other vehicles special stops required.

This notice is given in compliance with House Rule 42.

TODD R. BRIEN
Representative, District 64

Received and ordered to be placed on file.

Representative Hogan gives notice that on the next legislative day, he will introduce a measure concerning vacating forfeiture of charter.

This notice is given in compliance with House Rule 42.

GARY M. HOGAN
Representative, District 57

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 health and safety _ fetal protection 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 Corvese gives notice that on the next legislative day, he will introduce a measure concerning House Resolution requesting DEM to keep Lincoln Woods State Park open year round.

This notice is given in compliance with House Rule 42.

ARTHUR J. CORVESE
Representative, District 71

Received and ordered to be placed on file.

Representative S. Anderson gives notice that on the next legislative day, he will introduce a measure concerning R.I. student investment initiative.

This notice is given in compliance with House Rule 42.

STPEHEN J. ANDERSON
Representative, District 42

Received and ordered to be placed on file.

Representative Slater gives notice that on the next legislative day, he will introduce a measure concerning Dorcas Place one time grant.

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 Hetherington gives notice that on the next legislative day, she will introduce a measure concerning acupuncture.

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 Moura gives notice that on the next legislative day, he will introduce a measure concerning relating to insurance unfair competition and practices.

This notice is given in compliance with House Rule 42.

PAUL E. MOURA
Representative, District 2

Received and ordered to be placed on file.

CONSENT CALENDAR




From the Consent Calendar are taken:

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.

Read and passed, items 2-7 in concurrence, 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 Munschy announces that the Committee on Labor will meet today at the rise of the House in Room 313 of the State House.

Also:

Representative Hetherington 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.

ADJOURNMENT
At 4:33 o'clock P.M. on motion of Representatives Mumford and Voccola, and as a further mark of respect to the memory of Robert Auclair, seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION

REPRESENTATIVE STEPHEN J. ANDERSON


Father, we thank You for the snow that gently falls to the ground outside this House. Let Your grace also fall upon us as we make decisions for Your people. Amen.

Appendix

TRANSMITTED TO THE GOVERNOR


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

(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.

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

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

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

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

Appendix



CALENDAR


In order for Thursday, February 28, 2002:

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

Committee on Judiciary recommends passage.

2. (02-H6784) (Substitute ``A'') An Act authorizing the city of Woonsocket to finance the unfunded pension liability of the city of Woonsocket, by the issuance of not more than $90,000,000 bonds therefor.

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

3. (02-S2473) 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.

Committee on Corporations recommends passage in concurrence.

Appendix



CALENDAR


In order for Tuesday, March 5, 2002:

1. (02-H6961) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage.

Appendix



CALENDAR


In order for Wednesday, March 6, 2002:

1. (02-H7565) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage.

2. (02-S2155) (Substitute ``A'') An Act relating to solemnization of marriages.

Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute ``A'' in concurrence.

3. (02-S2197) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage in concurrence.

4. (02-S2199) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage in concurrence.

LOUIS D'ANTUONO
Clerk of the House
Wednesday, February 27, 2002



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