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. 25 |
Wednesday, March 6, 2002 |
Twenty-fifth Day |
The House of Representatives meets at the State House in Providence, Wednesday, March 6, 2002, and is called to order at 4:09 o'clock P.M., by the Honorable John B. Harwood, Speaker.
The roll is called and a quorum is declared present with 91 members present and 9 members absent as follows:
PRESENT - 91: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Brien, S., Brien, T., Callahan, Caprio, Carroll, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Guthrie, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Pires, Quick, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Simonian, Slater, Smith, Story, Sullivan, Tejada, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Winfield.
ABSENT - 9: Representatives Bierman, Cambio, Carter, Hetherington, McNamara, Pisaturo, Scott, Thompson, Williamson.
INVOCATION
The Honorable Speaker presents Representative Story, 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, March 5, 2002, is approved as printed.
COMMUNICATION
The Honorable Speaker announces the receipt of the following communication:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
HOUSE OF REPRESENTATIVES
March 5, 2002
The Honorable John B. Harwood
Speaker of the House of Representatives
323 State House
Providence, RI 02903
Dear Mr. Speaker:
I would like to officially notify the Rhode Island House of Representatives that I will be unable to attend the sessions on March 6 and 7, 2002. I will be giving a presentation to members of the Association for Supervision and Curriculum Development in San Antonio, Texas.
Health care administrators and educators from across the nation will be briefed on Rhode Island's initiatives to prevent childhood lead poisoning. United States Senator John Glenn will also be addressing members of the Association this week. Could you please enter this letter into the House record? Thank you for your kind consideration of this request.
Sincerely,
JOSEPH M. McNAMARA
Representative District 29
Deputy Majority Leader
Received and ordered to be placed on file.
ANNOUNCEMENT
Representative Bierman will be out of the state on family business and unable to attend session on March 6 and 7, 2002.
GUESTS
Representative Trillo welcomes to the House Chambers as a guest Barry Fuller.
Also:
Representative Watson welcomes to the House Chambers as a guest Elizabeth Dumas.
COMMUNICATION FROM THE SENATE
A message from the Honorable Senate transmits with announcement of passage, of the following measures:
(02-S 2676) Joint Resolution memorializing Congress to enact a nationwide criminal background check and registry for long-term care workers.
Read and referred to the Committee on Health, Education and Welfare.
(02-S 2418) Joint Resolution memorializing Congress to approve for passage the "Nursing Employment and Education Development Act" (NEED Act).
Read and referred to the Committee on Health, Education and Welfare.
(02-S 2768 as amended) An Act relating to towns and cities - zoning ordinances.
Read and referred to the Committee on Corporations.
REPORTS OF COMMITTEES
TRANSFER OF BILLS
Representative Ginaitt, for the Joint Committee on Environment and Energy, reports back the following measure, with recommendation of transfer to the Joint Committee on Water Resources:
(02-H 7211) An Act relating to waters and navigation - drinking water supply system protection.
Received and referred to the Joint Committee on Water Resources.
Representative Ginaitt, for the Committee on Health, Education and Welfare, reports back the following measure, with recommendation of transfer to the Joint Committee on Environment and Energy:
(02-H 6636) An Act relating to health and safety.
Received and referred to the Joint Committee on Environment and Energy.
Representative Ginaitt, for the Committee on Health, Education and Welfare, reports back the following measures, with recommendation of transfer to the Committee on Finance:
(02-H 6925) An Act relating to licensing and monitoring of child care providers.
Received and referred to the Committee on Finance.
COMMITTEE ON JUDICIARY
Representative Flaherty, for the Committee on Judiciary, reports back the following measures, with recommendation of passage:
(02-H 7767) An Act relating to solemnization of marriages.
Received and ordered to be placed on the Calendar.
NEW BUSINESS
Representatives Cicilline, Palangio, Dennigan, Benson and George introduce (02-H 7833) An Act relating to military affairs and defense - low interest loan program for military reservists.
Read and referred to the Committee on Finance.
Representatives Reilly, Pires, Watson, Barr and Trillo introduce (02-H 7834) An Act relating to taxation - franchise tax.
Read and referred to the Committee on Finance.
Representatives Mumford, Callahan, Fleury and Gorham introduce (02-H 7835) An Act relating to taxation - taxation of farm, forest and open space land.
Read and referred to the Committee on Finance.
Representatives Slater, Moura, Williams, Cicilline, Abdullah-Odiase and several other members of the House introduce (02-H 7836) Joint Resolution making an appropriation of $300,000 for Dorcas Place in Providence.
Read and referred to the Committee on Finance.
Representatives San Bento and Corvese introduce (02-H 7837) An Act relating to taxation - tax sales.
Read and referred to the Committee on Finance.
Representatives San Bento and Corvese introduce (02-H 7838) An Act relating to taxation - tax sales.
Read and referred to the Committee on Finance.
Representatives Winfield and Hogan introduce (02-H 7839) An Act relating to the use of explosives in the town of Smithfield.
Read and referred to the Committee on Corporations.
Representatives Crowley, Shavers, W.H. Murphy and Callahan introduce (02-H 7840) An Act relating to the city of Newport.
Read and referred to the Committee on Corporations.
Representative Garvey introduces (02-H 7841) An Act relating to deer hunting.
Read and referred to the Committee on Corporations.
Representative W.J. Murphy introduces (02-H 7842) An Act relating to state affairs and government - corrections department.
Read and referred to the Committee on Judiciary.
Representative Lima introduces (02-H 7843) Joint Resolution making an appropriation of $200.00 to pay a bonus in the case of John A. Tomasso Jr. of 70 Lincoln Avenue, Cranston, RI, who served in the United States Army during the Vietnam War, under serial number US51478544.
Representative Lima requests to place the Resolution on the Calendar for Thursday, March 7, 2002.
There is no objection.
Read and ordered to be placed on the Calendar.
NOTICES OF BILL/RESOLUTION
INTRODUCTION
Representative Garvey gives notice that on the next legislative day, he will introduce a measure concerning alcoholic beverages.
This notice is given in compliance with House Rule 42.
EUGENE F. GARVEY
Representative, District 81
Received and ordered to be placed on file.
Representative Coderre gives notice that on the next legislative day, she will introduce a measure concerning solemnization of marriages.
This notice is given in compliance with House Rule 42.
ELAINE A. CODERRE
Representative, District 78
Received and ordered to be placed on file.
Representative Malik gives notice that on the next legislative day, he will introduce a measure concerning relating to taxation.
This notice is given in compliance with House Rule 42.
JAN P. MALIK
Representative, District 89
Received and ordered to be placed on file.
CALENDAR
From the Calendar are taken:
1. (02-H7565) An Act relating to solemnization of marriages.
Committee on Judiciary recommends passage.
Representative Crowley moves passage of the act, seconded by Representatives Watson and Shavers.
Read and passed, on a roll call vote, 66 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 66: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Ajello, Almeida, Anderson, S., Anguilla, Barr, Brien, S., Callahan, Caprio, Cerra, Cicilline, Coogan, Corvese, Costantino, Crowley, Dennigan, Faria, Fleury, Fox, Gallison, George, Giannini, Gorham, Guthrie, Henseler, Hogan, Iwuc, Kennedy, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, Menard, Montanaro, Moran, Mumford, Munschy, Murphy, W.H., Naughton, Picard, Rabideau, Reilly, Rose, Savage, Schadone, Shanley, Shavers, Slater, Story, Sullivan, Tejada, Trillo, Vieira, Wasylyk, Watson, Williams, Winfield.
NAYS - 0.
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.
Representative Hogan moves passage of the act, seconded by Representatives Lally and Gallison.
The bill marked Substitute "A" is read and passed, in concurrence, and the original bill indefinitely postponed, on a roll call vote, 72 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 72: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, S., Anguilla, Barr, Benson, Brien, S., Brien, T., Callahan, Caprio, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Fleury, Fox, Gallison, George, Giannini, Gorham, Guthrie, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Maher, Malik, Martineau, McCauley, Montanaro, Moran, Mumford, Munschy, Murphy, W.H., Naughton, Picard, Rabideau, Reilly, Rose, Savage, Schadone, Shavers, Sherlock, Slater, Story, Sullivan, Tejada, Trillo, Vieira, Wasylyk, Watson, Williams, Winfield.
NAYS - 0.
3. (02-S2197) An Act relating to solemnization of marriages.
Committee on Judiciary recommends passage in concurrence.
Representative Lally moves passage of the act, seconded by Representative Martineau.
Read and passed, in concurrence, on a roll call vote, 73 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 73: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Brien, S., Brien, T., Callahan, Caprio, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Fleury, Fox, Gallison, George, Giannini, Gorham, Guthrie, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Maher, Malik, Martineau, McCauley, Montanaro, Moran, Mumford, Munschy, Murphy, W.H., Naughton, Palangio, Picard, Rabideau, Reilly, Rose, Savage, Schadone, Shavers, Sherlock, Slater, Smith, Story, Sullivan, Trillo, Vieira, Wasylyk, Williams, Winfield.
NAYS - 0.
4. (02-S2199) An Act relating to solemnization of marriages.
Committee on Judiciary recommends passage in concurrence.
Representative Lally moves passage of the act, seconded by Representatives Gallison, Reilly and Faria.
Read and passed, in concurrence, on a roll call vote, 73 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 73: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Brien, S., Brien, T., Callahan, Caprio, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Fleury, Fox, Gallison, George, Giannini, Guthrie, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Maher, Martineau, McCauley, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Naughton, Palangio, Picard, Rabideau, Reilly, Rose, Savage, Schadone, Shavers, Sherlock, Slater, Smith, Story, Sullivan, Trillo, Vieira, Wasylyk, Watson, Williams, 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 Lally announces that the Committee on Judiciary will meet today at the rise of the House in Room 205 of the State House.
Also:
Representative Lewiss announces that the Committee on Corporations will meet today at the rise of the House in Room 203 of the State House.
ADJOURNMENT
At 4:21 o'clock P.M. on motion of Representative W.H. Murphy, and as a further mark of respect to the memory of George Dell, seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.
LINDA McELROY
Recording Clerk
Appendix
INVOCATION
REPRESENTATIVE SUSAN A. STORY
Almighty God, we ask that you help us as we try to make Rhode Island a better place. Amen.
Appendix
TRANSMITTED TO THE GOVERNOR
(02-S 2155) (Substitute "A") An Act relating to solemnization of marriages.
(02-S 2197) An Act relating to solemnization of marriages.
(02-S 2199) An Act relating to solemnization of marriages.
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
Wednesday, March 6, 2002
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".
4. (02-H7843) Joint Resolution making an appropriation of $200.00 to pay a bonus in the case of John A. Tomasso Jr. of 70 Lincoln Avenue, Cranston, RI, who served in the United States Army during the Vietnam War, under serial number US51478544.
Ordered on the Calendar.
Appendix
CALENDAR
In order for Wednesday, March 13, 2002:
1. (02-H7767) An Act relating to solemnization of marriages.
Committee on Judiciary recommends passage.
LOUIS D'ANTUONO
Clerk of the House
Wednesday, March 6, 2002
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