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.23
Thursday, February 28, 2002
Twenty-third Day
The House of Representatives meets at the State House in Providence, Thursday, February 28, 2002, and is called to order at 4:25 o'clock P.M., by the Honorable Thomas J. Winfield, Deputy Speaker.
The roll is called and a quorum is declared present with 90 members present and 10 members absent as follows:
ABSENT - 10: The Honorable Speaker Harwood and Representatives Cambio, Coderre, Coelho, Faria, Gorham, Hetherington, Kilmartin, Mumford, Pisaturo.
INVOCATION
The Honorable Deputy Speaker presents Representative Shavers, 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 Wednesday, February 27, 2002, is approved as printed.
GUESTS
Representative Abdullah-Odiase welcomes to the House Chambers as guests the Hope High School Chorus who will sing God Bless America.
Also:
Representatives Montanaro and Moura welcome to the House Chambers as guests employees from the Providence Gas Company.
Also:
Representative W.J. Murphy welcomes to the House Chambers as guests Chief Peter Brousseau and Sergeant Joseph Gemma, West Warwick Police.
ANNOUNCEMENT
Representative Lima wishes Representative S. Brien a very Happy ``30th'' Birthday.
COMMUNICATION FROM THE SENATE
A message from the Honorable Senate transmits with announcement of passage, of the following measure:
(02-S 2838) Joint Resolution proclaiming April 20, 2002 as ``Appreciation for Catholic Schools Day'' in the State of Rhode Island.
Representative Martineau requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, in concurrence, on motion of Representative Martineau, seconded by Representative Watson, and by unanimous consent, on a voice vote.
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 Judiciary:
(02-H 7725) An Act relating to statutes and statutory construction.
Received and referred to the Committee on Judiciary.
Representative Flaherty, for the Committee on Judiciary, reports back the following measures, with recommendation of transfer to the Committee on Finance:
(02-H 6866) An Act relating to weapons.
Received and referred to the Committee on Finance.
COMMITTEE ON CORPORATIONS
Representative Kennedy, for the Committee on Corporations, reports back the following measures, with recommendation of passage:
(02-H 7187) House Resolution requesting the Department of Environmental Management to resolve issues arising from large commercial fishing vessels anchored in Narragansett Bay.
Received and ordered to be placed on the Calendar.
(02-H 7102) An Act relating to the Shelter Harbor Fire District.
Received and ordered to be placed on the Consent Calendar.
(02-H 7283) An Act to vacate the forfeiture or revocation of the charter of Cornerstone Communications Groups, Inc.
Received and ordered to be placed on the Consent Calendar.
(02-H 7284) An Act to vacate the forfeiture or revocation of the charter of Rosa Associates Fine Foods, Inc.
Received and ordered to be placed on the Consent Calendar.
(02-H 7330) An Act to vacate the forfeiture or revocation of the charter of Asselin Realty, Inc.
Received and ordered to be placed on the Consent Calendar.
(02-H 7333) An Act to vacate the forfeiture or revocation of the charter of the West Bay Village Condominium Association, Inc.
Received and ordered to be placed on the Consent Calendar.
COMMITTEE ON FINANCE
Representative Fox, for the Committee on Finance, reports back the following measures, with recommendation of passage:
(02-H 7133) (Substitute ``A'') An Act relating to public utilities and carriers - duties of utilities and carriers.
Received and ordered to be placed on the Calendar.
(02-H 6659) (Substitute ``A'') An Act authorizing the city of Cranston to finance the unfunded pension liability of the city of Cranston, by the issuance of not more than $219,000,000 bonds therefor.
Received and ordered to be placed on the Calendar.
NEW BUSINESS
Representative Hetherington introduces (02-H 7792) An Act relating to businesses and professions - the healing art of acupuncture.
Read and referred to the Committee on Health, Education and Welfare.
Representatives Fox, Jacquard, Giannini, Moura and Costantino introduce (02-H 7793) An Act relating to taxation - historic structures - tax credit.
Read and referred to the Committee on Finance.
Representatives Fox, Jacquard, Giannini, Moura and Costantino introduce (02-H 7794) An Act relating to public property and works - state auditorium.
Read and referred to the Committee on Finance.
Representatives Carter, George and Benson introduce (02-H 7795) An Act relating to public property and works - management and disposal of property.
Read and referred to the Committee on Finance.
Representatives Amaral, Story, Mumford, Savage, Long and Scott introduce (02-H 7796) An Act relating to state affairs and government - pharmaceutical assistance to the elderly act.
Read and referred to the Committee on Finance.
Representatives Cicilline and Fox introduce (02-H 7797) An Act relating to taxation - property subject to taxation.
Read and referred to the Committee on Finance.
Representatives Carter and Benson introduce (02-H 7798) An Act relating to license for motorcycles.
Read and referred to the Committee on Finance.
Representatives Carter and Benson introduce (02-H 7799) An Act relating to public officers and employees - code of ethics.
Read and referred to the Committee on Finance.
Representatives Menard, Shanley, Reilly and Giannini introduce (02-H 7800) An Act relating to foster care.
Read and referred to the Committee on Finance.
Representatives Menard, Shanley, Reilly, San Bento and Giannini introduce (02-H 7801) An Act relating to human services - Department of Human Services.
Read and referred to the Committee on Finance.
Representatives Menard, San Bento and Giannini introduce (02-H 7802) An Act relating to health and safety of pupils.
Read and referred to the Committee on Corporations.
Representative Gallison introduces (02-H 7803) Joint Resolution making an appropriation of $50.00 to pay the claim of Nathan Beranbaum, c/o Administrators Office, Rhode Island Veterans Home, 480 Metacom Avenue, Bristol, Rhode Island 02809.
Read and referred to the Joint Committee on Accounts and Claims.
Representatives W.H. Murphy, Crowley, Shavers and Callahan introduce (02-H 7804) An Act amending the city charter of the city of Newport by increasing the maximum fine imposed by the Municipal Court from five hundred dollars ($500) to one thousand dollars ($1,000).
Read and referred to the Committee on Corporations.
Representative Williams introduces (02-H 7805) Joint Resolution making an appropriation of $597.65 to pay the claim of Dr. Ronald A. Charles, 75 E. Willow Street, Providence, Rhode Island, 02909.
Read and referred to the Joint Committee on Accounts and Claims.
Representatives Cerra, Voccola and Lanzi introduce (02-H 7806) An Act relating to motor vehicles - taxation of disabled adapted vehicles.
Read and referred to the Committee on Finance.
Representatives M. Anderson, Kilmartin, San Bento, Vieira, Cicilline and Dennigan introduce (02-H 7807) An Act relating to taxation - revaluation.
Read and referred to the Committee on Corporations.
Representatives M. Anderson, Kilmartin, San Bento, Vieira, Cicilline and Dennigan introduce (02-H 7808) An Act relating to taxation - property subject to taxation.
Read and referred to the Committee on Corporations.
Representatives Carter and Benson introduce (02-H 7809) An Act relating to the naming of state properties.
Read and referred to the Joint Committee on Naming State Constructions.
Representatives Carter, Benson and George introduce (02-H 7811) An Act relating to the General Assembly.
Read and referred to the Joint Committee on Naming State Constructions.
Representative Simonian introduces (02-H 7812) Joint Resolution to consider various claims.
Read and referred to the Joint Committee on on Accounts and Claims.
Representatives Shavers, Abdullah-Odiase, Williams, Ajello, Aiken and several other members of the House introduce (02-H 7813) House Resolution proclaiming the month of February as ``Black History Month'' in Rhode Island.
Representative Shavers requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Shavers, seconded by Representatives Abdullah-Odiase, Benson, Williams, Tejada, Palangio, Dennigan, George, Moura, Almeida, Scott and Cicilline, and by unanimous consent, on a voice vote.
Representatives Sullivan, Rose, Coelho, Dennigan and Savage introduce (02-H 7814) An Act relating to primary elections - city of East Providence.
Representative Sullivan requests unanimous consent for immediate consideration.
Representative Watson objects.
Representative Sullivan requests unanimous consent for immediate consideration.
Representative Watson withdraws his objection.
Read and passed, on motion of Representative Sullivan, seconded by Representatives Savage and Rose, on a roll call vote, 73 members voting in the affirmative and 0 members voting in the negative as follows:
I, Rene R. Menard, State Representative, District 58, hereby under oath, depose and say:
1. I expect to be called upon, in my capacity as State Representative, to participate in the consideration of, and vote upon: (02-H 6784) (Substitute ``A'').
2. I have the following interest in the matter listed under paragraph 1, above:
City Employee
3. In compliance with Section 36-14-6(1) & (2)A of the General Laws, I hereby request the Speaker of the House of Representatives to excuse me from voting on or participating in the consideration of the matter described in paragraph 1, above.
RENE R. MENARD
Representative District 58
State of Rhode Island County of Providence
Subscribed and sworn to before me this 28th day of February, A.D. 2002.
JOANNE M. GIANNINI
Notary Public
Representative Menard is excused from voting on or participating in the consideration of the matter described in paragraph 1, above.
THOMAS J. WINFIELD
Deputy Speaker of the House of Representatives
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''.
Representative Martineau moves passage of the act, seconded by Representatives Picard, Jacquard, Munschy, T. Brien, S. Brien, Fox, Montanaro and Moura.
Representative Fleury discusses the act.
Representative Montanaro rises on a point of order for Representative Fleury to speak germane to the act.
The Honorable Deputy Speaker rules for Representative Fleury to speak germane to the act.
Representatives Fleury and Jacquard continue discussion.
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 1 member voting in the negative as follows:
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.
Representative Palangio moves passage of the act, seconded by Representatives Menard, Barr, Vieira and Slater.
Read and passed, in concurrence, on a roll call vote, 80 members voting in the affirmative and 0 members voting in the negative as follows:
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 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.
AT EASE
At 4:58 o'clock P.M. the Honorable Deputy Speaker declares the House to be at ease.
ORDER
At 5:00 o'clock P.M. the Honorable Deputy Speaker calls the House to order.
GUESTS
At 5:01 o'clock P.M. the Honorable Deputy Speaker yields the rostrum to Representative Abdullah-Odiase.
By unanimous consent, Representative Abdullah-Odiase addresses the members of the House in regard to Black History Month and welcomes to the House the members of the Hope High School Chorus.
By unanimous consent, Representative Abdullah-Odiase welcomes the Honorable Ray Rickman.
By unanimous consent, Honorable Ray Rickman addresses the members of the House.
At 5:12 o'clock P.M. Representative Abdullah-Odiase returns to the rostrum and presents the Hope High School Chrorus singing the Black National Anthem, Lift Every Voice and Sing.
(See Appendix for national anthem)
Representative Abdullah-Odiase presents the Hope High School Chorus with citations as follows: Floyd Narcisse, Group Leader, Dave Valedossky, Instructional Leader for the Leadership House, Joanne Charles, Hope High School, Sophonie LaFortune, Hope High School, Sandy Francois, Hope High School, and Juanita Nelson, Hope High School.
Representative Abdullah-Odiase welcomes to the House Chambers as guests, her mother, Annabelle Alexander, along with her niece and nephew, Xzavia and Davonte Miles; Assistant, Patricia Jackson, and recruiter to establish the first chartered club of the National Association of Negro Business and Profession Clubs, in the state of Rhode Island; Jim Butler of the Providence American, the first established African American and minority newspaper in our state; Kyle Bennet, the director of Black Affairs for the City of Providence; Dr. Sharon Marable from the Rhode Island Department of Health; Charles Newton; Naeena Nurridin, teacher at the Robert Bailey Elementary School; Daffanie Clarke, attorney; and Tilda Lewis Grant, MSW, clinical social worker.
At 5:34 o'clock P.M. the Honorable Deputy Speaker returns to the rostrum.
ADJOURNMENT
At 5:36 o'clock P.M. on motion of Representative Barr, and as a further mark of respect to the memory of Vincent Nichols; on motion of Representative Watson, and as a further mark of respect to the memory of Ruth Gorham, mother of former Representative Bradford Gorham and grandmother of Representative Nicholas Gorham; on motion of Representatives Scott, Carter and George, and as a further mark of respect to the memory of Lucy A. Whitford; on motion of Representative Shanley, and as a further mark of respect to the memory of Carolyn Browning; on motion of Representatives Henseler, Carter and Benson, and as a further mark of respect to the memory of Kayla Ritchie; seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.
LINDA McELROY
Recording Clerk
Appendix
INVOCATION
REPRESENTATIVE MAXINE L. SHAVERS
Almighty God, our strength from day to day, keep each of us faithful to the claims of justice and freedom. Amen.
Appendix
LIFT EVERY VOICE AND SING
``The Black National Anthem''
by James Weldon Johnson
Lift ev'ry voice and sing,
Till earth and heaven ring.
Ring with the harmonies of Liberty;
Let our rejoicing rise,
High as the list'ning skies,
Let it resound loud as the rolling sea.
Sing a song full of the faith
that the dark past has taught us,
Sing a song full of the hope
that the present has brought us;
Facing the rising sun of our new day begun,
Let us march on till victory is won.
Stony the road we trod,
Bitter the chast'ning rod,
Felt in the days when hope unborn had died;
Yet with a steady beat,
Have not our weary feet,
Come to the place for which our fathers sighed?
We have come over a way
that with tears has been watered,
We have come, treading our path
through the blood of the slaughtered,
Out from the gloomy past,
Till now we stand at last
Where the white gleam of our bright star is cast.
God of our weary years
God of our silent tears,
Thou who has brought us thus far on the way;
Thou who has by Thy might,
Led us into the light,
Keep us forever in the path, we pray.
Lest our feet stray from the places,
our God, where we met Thee,
Lest our hearts, drunk with the wine
of the world, we forget Thee,
Shadowed beneath thy hand,
May we forever stand,
True to our God,
True to our native land.
Appendix
TRANSMITTED TO THE GOVERNOR
(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.
Appendix
CONSENT CALENDAR
In order for Thursday, March 7, 2002:
1. (02-H7102) An Act relating to the Shelter Harbor Fire District.
Committee on Corporations recommends passage.
2. (02-H7283) An Act to vacate the forfeiture or revocation of the charter of Cornerstone Communications Groups, Inc.
Committee on Corporations recommends passage.
3. (02-H7284) An Act to vacate the forfeiture or revocation of the charter of Rosa Associates Fine Foods, Inc.
Committee on Corporations recommends passage.
4. (02-H7330) An Act to vacate the forfeiture or revocation of the charter of Asselin Realty, Inc.
Committee on Corporations recommends passage.
5. (02-H7333) An Act to vacate the forfeiture or revocation of the charter of the West Bay Village Condominium Association, Inc.
Committee on Corporations recommends passage.
LOUIS D'ANTUONO
Clerk of the House
Thursday, February 28, 2002
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.
Appendix
CALENDAR
In order for Thursday, March 7, 2002:
1. (02-H7187) House Resolution requesting the Department of Environmental Management to resolve issues arising from large commercial fishing vessels anchored in Narragansett Bay.
Committee on Corporations recommends passage.
2. (02-H6659) (Substitute ``A'') An Act authorizing the city of Cranston to finance the unfunded pension liability of the city of Cranston, by the issuance of not more than $219,000,000 bonds therefor.
Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute ``A''.
3. (02-H7133) (Substitute ``A'') An Act relating to public utilities and carriers - duties of utilities and carriers.
Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute ``A''.
LOUIS D'ANTUONO
Clerk of the House
Thursday, February 28, 2002
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