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. 26 |
Thursday, March 7, 2002 |
Twenty-sixth Day |
The House of Representatives meets at the State House in Providence, Thursday, March 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 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, Brien, S., Brien, T., Callahan, Caprio, Carroll, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, 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, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Simonian, Slater, Smith, Story, Sullivan, Tejada, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.
ABSENT - 10: Representatives Bierman, Cambio, Carter, Giannini, Hetherington, McNamara, Pisaturo, Rabideau, Scott, Thompson.
INVOCATION
The Honorable Speaker presents Representative Gallison, 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, March 6, 2002, is approved as printed.
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 6625) An Act to vacate the forfeiture or revocation of the charter of Suit Systems, Inc., effective March 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 measure:
(02-S 2847) An Act relating to the solemnization of marriages.
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 roll call vote, 71 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 71: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Brien, T., Callahan, Caprio, Carroll, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Fleury, Gallison, Garvey, George, Ginaitt, Gorham, Guthrie, Henseler, Hogan, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Malik, Martineau, McCauley, Montanaro, Moran, Moura, Mumford, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Picard, Reilly, Rose, Savage, Schadone, Shanley, Shavers, Simonian, Slater, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Winfield.
NAYS - 0.
REQUESTS
Representative Cerra requests the journal to reflect that if she had voted on (02-S 2847), she would have voted in the affirmative.
There is no objection.
Representative Munschy requests the journal to reflect that if he had voted on (02-S 2847), he would have voted in the affirmative.
There is no objection.
Representative Benson requests the journal to reflect that if she had voted on (02-S 2847), she would have voted in the affirmative.
There is no objection.
Representative Sherlock requests the journal to reflect that if he had voted on (02-S 2847), he would have voted in the affirmative.
There is no objection.
COMMUNICATION FROM THE SENATE
A message from the Honorable Senate transmits with announcement of passage, of the following measures:
(02-S 2846) An Act reinstating and restoring forfeited or revoked corporate charters.
Read and referred to the Committee on Corporations.
(02-S 2844) An Act reinstating and restoring forfeited or revoked corporate charters.
Read and referred to the Committee on Corporations.
(02-S 2424) (Substitute "A" as amended) An Act relating to elections - Rhode Island campaign contributions and expenditures reporting.
Read and referred to the Committee on Judiciary.
(02-S 2014) Joint Resolution respectfully requesting the Governor to rescind the freeze on monies appropriated for the Neighborhood Opportunities Program.
Read and referred to the Committee on Finance.
(02-S 2170) An Act relating to motor vehicles - police major emeritus.
Read and referred to the Committee on Special Legislation.
(02-S 2403) An Act relating to motor vehicles - special registration plate - Coventry - police chief emeritus.
Read and referred to the Committee on Special Legislation.
REPORTS OF COMMITTEES
COMMITTEE ON CORPORATIONS
Representative Kennedy, for the Committee on Corporations, reports back the following measures, with recommendation of passage:
(02-S 2121) An Act relating to education - establishment of regional school districts.
Received and ordered to be placed on the Consent Calendar.
(02-S 2124) An Act validating and ratifying amendments to the home rule charter of the town of Warren.
Received and ordered to be placed on the Consent Calendar.
(02-S 2133) An Act validating and ratifying an amendment to the charter of the town of West Greenwich.
Received and ordered to be placed on the Consent Calendar.
(02-S 2650) An Act to vacate the forfeiture or revocation of Baseball Cards the charter of Rhode Island, Inc.
Received and ordered to be placed on the Consent Calendar.
(02-S 2260) An Act relating to the Shelter Harbor Fire District.
Received and ordered to be placed on the Consent Calendar.
NEW BUSINESS
Representatives Cicilline, Caprio and Dennigan introduce (02-H 7844) An Act relating to public utilities and carriers - duties of utilities and carriers.
Read and referred to the Committee on Corporations.
Representatives George and Watson introduce (by request) (02-H 7845) An Act relating to taxation - property tax exemption for persons over 65 - East Greenwich.
Read and referred to the Committee on Corporations.
Representative Garvey introduces (02-H 7846) An Act relating to elections - elective meetings.
Read and referred to the Committee on Corporations.
Representatives Schadone and Corvese introduce (02-H 7847) An Act relating to insurance - liability insurance.
Read and referred to the Committee on Corporations.
Representative Garvey introduces (02-H 7848) An Act amending Chapter 268 of the 1986 Public Laws, entitled "An Act relating to the preservation of farm land and open space in the town of New Shoreham and establishing a land trust".
Read and referred to the Committee on Corporations.
Representative Garvey introduces (02-H 7849) An Act relating to towns and cities - zoning ordinances.
Read and referred to the Committee on Corporations.
Representatives Naughton, Caprio, Malik, Palumbo, Gallison and Henseler introduce (02-H 7850) An Act relating to fish and wildlife - licensing.
Read and referred to the Committee on Finance.
Representative Costantino introduces (02-H 7851) An Act relating to food and drugs.
Read and referred to the Committee on Health, Education and Welfare.
Representatives Gorham and Mumford introduce (02-H 7852) House Resolution ratifying and confirming the creation of a special House commission to study the use of all-terrain vehicles (ATV's).
Read and referred to the Committee on Special Legislation.
Representative Montanaro introduces (02-H 7853) Joint Resolution making an appropriation of $880.15 to pay the claim of Michael Mangan of 16 Wildwood Drive, Cranston, Rhode Island 02920.
Read and referred to the Joint Committee on Accounts and Claims.
Representative Dennigan introduces (02-H 7854) Joint Resolution making an appropriation of $170.95 to pay the claim of Elizabeth L. Farrell of 14 Fletcher Street, East Providence, Rhode Island 02916.
Read and referred to the Joint Committee on Accounts and Claims.
Representative Winfield introduces (02-H 7855) Joint Resolution making an appropriation of $2,149.94 to pay the claim of Amica Mutual Insurance Company, P.O. Box 6008, Providence, Rhode Island 02940 as subrogee of Michael J. Silva, 322 B Mountaindale Road, Smithfield, Rhode Island 02896.
Read and referred to the Joint Committee on Accounts and Claims.
Representative Wasylyk introduces (02-H 7856) Joint Resolution making an appropriation of $774.75 to pay the claim of Gabriel J. Maciocia, 108 Humbert Street, North Providence, Rhode Island 02911.
Read and referred to the Joint Committee on Accounts and Claims.
Representative McCauley, Speaker Harwood, Representatives Palangio, Giannini and Moura introduce (02-H 7857) House Resolution expressing condolences on the passing of Russell J. Boyle.
Representative McCauley requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative McCauley, seconded by the entire House of Representatives, and by unanimous consent, on a rising vote.
Representatives Martineau and Watson introduce (02-H 7858) 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 Martineau and Watson introduce (02-H 7859) 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.
Representative Quick introduces (02-H 7860) An Act relating to the solemnization of marriages.
Representative Quick requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Quick, seconded by Representative Martineau, and by unanimous consent, on a roll call vote, 74 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 74: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anguilla, Barr, Benson, Brien, T., Callahan, Caprio, Cerra, Coderre, Coelho, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Fleury, Fox, Gallison, Garvey, George, Ginaitt, Gorham, Guthrie, Henseler, Hogan, Iwuc, Kennedy, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Malik, Martineau, McCauley, Moran, Moura, Mumford, Munschy, Murphy, W.H., Naughton, Palumbo, Picard, Quick, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Simonian, Slater, Smith, Story, Sullivan, Tejada, Vieira, Voccola, Wasylyk, Watson, Williams, Winfield.
NAYS - 0.
NOTICES OF BILL/RESOLUTION
INTRODUCTION
Representative Caprio gives notice that on the next legislative day, he will introduce a measure concerning personal watercraft use in Narragansett.
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 Cicilline gives notice that on the next legislative day, he will introduce several measures concerning weapons.
This notice is given in compliance with House Rule 42.
DAVID N. CICILLINE
Representative, District 4
Received and ordered to be placed on file.
Representative Faria 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.
JOSEPH L. FARIA
Representative, District 72
Received and ordered to be placed on file.
Representative Ginaitt gives notice that on the next legislative day, he will introduce a measure concerning sales and use tax.
This notice is given in compliance with House Rule 42.
PETER T. GINAITT
Representative, District 33
Received and ordered to be placed on file.
Representative Reilly gives notice that on the next legislative day, he will introduce a measure concerning education, Rhode Island student investment initiative.
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.
Representative Schadone gives notice that on the next legislative day, he will introduce a measure concerning relating to criminal offenses - law practice.
This notice is given in compliance with House Rule 42.
GREGORY J. SCHADONE
Representative, District 70
Received and ordered to be placed on file.
CALENDAR
From the Calendar are taken:
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.
Read, and by unanimous consent, ordered to be placed on the Calendar for Thursday, March 14, 2002.
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".
Representatives Watson and Jacquard, seconded by Representative Fleury, move to recommit the act, by unanimous consent, on a voice vote.
Read and referred to the Committee on Finance.
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".
Representative Fox moves passage of the act, seconded by Representatives Henseler, Williams, Carroll, Malik, Coelho, Benson, Dennigan, Menard, Naughton, George, Reilly, Palumbo, Vieira, Abdullah-Odiase, Sullivan, Ajello, Coogan, Munschy, Anguilla, T. Brien, Cerra, Tejada, Corvese, Iwuc, W.J. Murphy, W.H. Murphy, Pires, Rose, Almeida, Lewiss, DeSimone, Lanzi, Montanaro, Moura, Shanley, Trillo, Long, Savage, Fleury, Kilmartin, Garvey, McCauley, Faria, Cicilline, Lima and Ginaitt.
Representatives Gorham, Fox, Montanaro, Henseler and Moura discuss the act.
By unanimous consent, Representative Fox, seconded by Representatives Henseler, Williams, Carroll, Malik, Coelho, Benson, Dennigan, Menard, Naughton, George, Reilly, Palumbo, Vieira, Abdullah-Odiase, Sullivan, Ajello, Coogan, Munschy, Anguilla, T. Brien, Cerra, Tejada, Corvese, Iwuc, W.J. Murphy, W.H. Murphy, Pires, Rose, Almeida, Lewiss, DeSimone, Lanzi, Montanaro, Moura, Shanley, Trillo, Long, Savage, Fleury, Kilmartin, Garvey, McCauley, Faria, Cicilline, Lima and Ginaitt, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(02-H 7133) (Substitute "A")
Mr. Speaker:
I hereby move to amend (02-H 7133) (Substitute "A") entitled "AN ACT RELATING TO PUBLIC UTILITIES AND CARRIERS - DUTIES OF UTILITIES AND CARRIERS" as follows:
(1) On page 1, line 3, by deleting the words "public utility" and inserting in place thereof the word "gas."
(2) On page 1, line 5, by deleting the words "public utility" and inserting in place thereof the word "gas."
(3) On page 1, line 5, by deleting the words "been working for that" and inserting in place thereof the words "gained relevant experience by working for a gas".
(4) On page 1, line 6, by deleting the words "and certified".
(5) On page 1, line 7, by deleting the words "public utility" and inserting in place thereof the word "gas."
(6) On page 1, line 8, by deleting the word "The" and inserting in place thereof the word "A".
(7) On page 1, line 8, by deleting the words "public utility" and inserting in place thereof the word "gas."
Respectfully submitted,
GORDON FOX
Representative, District 5
The motion to amend is read and prevails on a roll call vote, 78 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 78: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anguilla, Barr, Benson, Brien, T., Callahan, Caprio, Carroll, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Dennigan, DeSimone, Faria, Fleury, Fox, Gallison, Garvey, George, Ginaitt, Gorham, Guthrie, Henseler, Iwuc, Kennedy, Kilmartin, Knickle, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Malik, Martineau, McCauley, Menard, Montanaro, Moran, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Pires, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Simonian, Slater, Story, Sullivan, Tejada, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Winfield.
NAYS - 0.
The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, on a roll call vote, 83 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 83: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Brien, T., Callahan, Caprio, Carroll, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Dennigan, DeSimone, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Ginaitt, Gorham, Guthrie, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Malik, Martineau, McCauley, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Pires, Reilly, Rose, Savage, Schadone, Shanley, Shavers, Sherlock, Simonian, Slater, Story, Sullivan, Tejada, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Winfield.
NAYS - 0.
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.
Read and passed, on motion of Representative Lima, seconded by Representatives W.H. Murphy, Coderre, Shanley, Kilmartin, Trillo and Cerra, by unanimous consent on a voice vote.
CONSENT CALENDAR
From the Consent Calendar are taken:
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.
Read and passed, on motion of Representative Martineau, seconded by Representative Watson, 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.
By agreement of the Majority and the Minority the House will remain At Ease for a period of time for the arrival of the Woonsocket bond refinancing bill from the Senate.
There is no objection.
AT EASE
At 4:40 o'clock P.M. the Honorable Speaker declares the House to be at Ease for a period of time.
ORDER
At 5:40 o'clock P.M. the Honorable Speaker calls the House to order.
COMMUNICATION FROM THE SENATE
A message from the Honorable Senate transmits with announcement of passage, of the following measure:
(02-S 2082) (Substitute "A" as amended) 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.
Representative Martineau moves passage, seconded by Representatives Picard, T. Brien, Munschy and Moura.
Representatives Martineau and Fleury discuss the act.
The bill marked Substitute "A" is read and passed, as amended, in concurrence, by unanimous consent, on a roll call vote, 76 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 76: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Brien, T., Callahan, Caprio, Cerra, Coderre, Coelho, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Fleury, Fox, Gallison, Garvey, George, Ginaitt, Gorham, Guthrie, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Malik, Martineau, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Naughton, Palangio, Palumbo, Picard, Quick, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Simonian, Slater, Smith, Story, Sullivan, Tejada, Trillo, Wasylyk, Watson, Williams, Winfield.
NAYS - 0.
TRANSMITTAL
By unanimous consent, (02-S 2082) (Substitute "A" as amended) on the Clerk's desk is ordered to be transmitted to His Excellency, the Governor forthwith.
ADJOURNMENT
At 5:45 o'clock P.M. on motion of Representative Corvese, and as a further mark of respect to the memory of Doris Rathier; on motion of Representative Amaral, and as a further mark of respect to the memory of John Ferreira; on motion of Representative Lewiss, and as a further mark of respect to the memory of Josephine Quattromani; seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.
LINDA McELROY
Recording Clerk
Appendix
INVOCATION
REPRESENTATIVE RAYMOND E. GALLISON, JR.
Heavenly Father, look with favor on our deliberation and assist us by your grace to do what is just and wise. Amen.
Appendix
TRANSMITTED TO THE GOVERNOR
(02-S 2847) An Act relating to the solemnization of marriages.
(02-S 2082) (Substitute "A" as amended) 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.
Appendix
CONSENT CALENDAR
In order for Thursday, March 14, 2002:
1. (02-S2121) An Act relating to education - establishment of regional school districts.
Committee on Corporations recommends passage in concurrence.
2. (02-S2124) An Act validating and ratifying amendments to the home rule charter of the town of Warren.
Committee on Corporations recommends passage in concurrence.
3. (02-S2133) An Act validating and ratifying an amendment to the charter of the town of West Greenwich.
Committee on Corporations recommends passage in concurrence.
4. (02-S2650) An Act to vacate the forfeiture or revocation of Baseball Cards the charter of Rhode Island, Inc.
Committee on Corporations recommends passage in concurrence.
5. (02-S2260) An Act relating to the Shelter Harbor Fire District.
Committee on Corporations recommends passage in concurrence.
LOUIS D'ANTUONO
Clerk of the House
Thursday, March 7, 2002
Appendix
CALENDAR
In order for Wednesday, March 13, 2002:
1. (02-H7767) An Act relating to solemnization of marriages.
Committee on Judiciary recommends passage.
Appendix
CALENDAR
In order for Thursday, March 14, 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.
LOUIS D'ANTUONO
Clerk of the House
Thursday, March 7, 2002
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