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. 28 Wednesday, March 13, 2002 Twenty-eighth Day


The House of Representatives meets at the State House in Providence, Wednesday, March 13, 2002, and is called to order at 4:14 o'clock P.M., by the Honorable John B. Harwood, Speaker.

The roll is called and a quorum is declared present with 92 members present and 8 members absent as follows:

PRESENT - 92: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benson, Bierman, Brien, S., Brien, T., Callahan, Cambio, Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Dennigan, DeSimone, Faria, Flaherty, Fox, Gallison, Garvey, George, Giannini, Gorham, Guthrie, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Quick, Rabideau, Reilly, Rose, San Bento, Savage, Scott, Shanley, Shavers, Sherlock, Simonian, Slater, Smith, Story, Sullivan, Tejada, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

ABSENT - 8: Representatives Anguilla, Crowley, Fleury, Ginaitt, Hetherington, Montanaro, Schadone, Thompson.

INVOCATION


The Honorable Speaker presents Representative Maher, 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, March 12, 2002, is hereby corrected by recording Representative Lima as being present therefor.

APPROVAL OF RECORD


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

ANNOUNCEMENT


Representative Ginaitt will be out of state on business and unable to attend session today.

GUESTS
At 4:22 o'clock P.M. the Honorable Speaker yields the rostrum to Representative Trillo.

By unanimous consent Representative Trillo addresses the members of the House and welcomes to the House silver medallist Sarah De Costa.

By unanimous consent, Sarah De Costa addresses the members of the House and displays the silver medal.

Representative Trillo also welcomes to the House as guests Sarah's family, Frank De Costa, father, Nancy De Costa, mother, Shirley Fracturoff, grandmother, Katherine Brbault, aunt, and Marc Levine, agent.

At 4:25 o'clock P.M. the Honorable Speaker returns to the rostrum.


COMMUNICATION FROM THE SENATE


A message from the Honorable Senate transmits with announcement of passage, of the following measures:

(02-S 2205) An Act relating to financial institutions.

Read and referred to the Committee on Corporations.

(02-S 2286) An Act relating to the uniform commercial code.

Read and referred to the Committee on Corporations.

(02-S 2343) An Act relating to cities and towns.

Read and referred to the Committee on Corporations.

(02-S 2263) An Act relating to employment.

Read and referred to the Committee on Labor.

(02-S 2267) An Act relating to employment security - appeals.

Read and referred to the Committee on Labor.

REPORTS OF COMMITTEES

TRANSFER OF BILLS


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

(02-H 7802) An Act relating to health and safety of pupils.

Received and referred to the Committee on Finance.

(02-H 7406) An Act relating to towns and cities - benefits for firefighters.

Received and referred to the Committee on Finance.

(02-H 7405) An Act relating to levy and assessment of local taxes.

Received and referred to the Committee on Finance.

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

(02-H 7569) An Act relating to redevelopment of Brownfields.

Received and referred to the Committee on Finance.

(02-H 6853) An Act relating to the Government Integrity Act of 2002.



Received and referred to the Committee on Finance.

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

(02-H 6909) An Act relating to whistleblowers' protection.

Received and referred to the Committee on Labor.

COMMITTEE ON CORPORATIONS


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

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

Received and ordered to be placed on the Consent Calendar.

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

Received and ordered to be placed on the Consent Calendar.

(02-H 7274) An Act relating to businesses and professions - telecommunications.

Received and ordered to be placed on the Calendar.

COMMITTEE ON JUDICIARY


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

(02-H 6660 as amended) An Act relating to criminal offenses - weapons.

Received and ordered to be placed on the Calendar.

(02-H 6662) An Act relating to the Department of Corrections.

Received and ordered to be placed on the Calendar.

(02-H 6769) An Act relating to criminal procedure - railroad, steamboat, and bridge police.

Received and ordered to be placed on the Calendar.

(02-H 6771) An Act relating to criminal offenses - false personation.

Received and ordered to be placed on the Calendar.

(02-H 6857) An Act relating to criminal procedure - search warrants.

Received and ordered to be placed on the Calendar.

(02-H 6859) An Act relating to loss of rights by prisoners.

Received and ordered to be placed on the Calendar.

(02-H 7014) An Act relating to criminal procedure - grand juries.

Received and ordered to be placed on the Calendar.

(02-H 7023) Joint Resolution extending the reporting date of the special legislative commission to study an enhanced role for probation and parole.

Received and ordered to be placed on the Calendar.

(02-H 7119) An Act relating to divorce and separation - state disbursement unit for the collection and distribution of child support.

Received and ordered to be placed on the Calendar.

(02-H 6800) An Act relating to the National Guard.

Received and ordered to be placed on the Calendar.

(02-H 6899) An Act relating to criminal procedures.

Received and ordered to be placed on the Calendar.

JOINT COMMITTEE ON
HIGHWAY SAFETY


Representative Garvey, for the Joint Committee on Highway Safety, reports back the following measures, with recommendation of passage:

(02-H 6645) An Act relating to motor vehicles - motorcycle licenses.

Received and ordered to be placed on the Calendar.

(02-H 6808) An Act relating to health and safety - fireworks and pyrotechnics.

Received and ordered to be placed on the Calendar.

(02-H 6936) An Act relating to accident reports.

Received and ordered to be placed on the Calendar.


NEW BUSINESS


Representative Coderre introduces (02-H 7879) An Act relating to solemnization of marriages.

Read and referred to the Committee on Judiciary.

Representative Kilmartin introduces (02-H 7880) An Act relating to the administrative procedures act.

Read and referred to the Committee on Judiciary.

Representative Cicilline introduces (02-H 7881) An Act relating to criminal offenses - weapons.

Read and referred to the Committee on Judiciary.

Representatives Cicilline, Ajello, Williams, Tejada and Dennigan introduce (02-H 7882) An Act relating to criminal offenses - weapons.

Read and referred to the Committee on Judiciary.

Representatives Cicilline, Ajello, Williams, Tejada and Dennigan introduce (02-H 7883) An Act relating to criminal offenses - weapons.

Read and referred to the Committee on Judiciary.

Representatives Cicilline, Ajello, Williams, Tejada and Dennigan introduce (02-H 7884) An Act relating to criminal offenses - weapons.

Read and referred to the Committee on Judiciary.

Representatives Cicilline, Ajello, Williams, Tejada and Dennigan introduce (02-H 7885) An Act relating to criminal offenses - weapons.

Read and referred to the Committee on Judiciary.

Representatives Cicilline, Ajello, Williams, Tejada and Dennigan introduce (02-H 7886) An Act relating to criminal offenses - weapons.

Read and referred to the Committee on Judiciary.

Representatives Cicilline, Ajello, Williams, Tejada and Dennigan introduce (02-H 7887) An Act relating to criminal offenses - weapons.

Read and referred to the Committee on Judiciary.

Representatives Cicilline, Ajello, Williams, Tejada and Dennigan introduce (02-H 7888) An Act relating to criminal offenses - weapons.

Read and referred to the Committee on Judiciary.

Representatives Cicilline, Ajello, Williams, Tejada and Dennigan introduce (02-H 7889) An Act relating to criminal offenses - weapons.

Read and referred to the Committee on Judiciary.

Representatives Schadone, Hogan and McCauley introduce (02-H 7890) An Act relating to criminal offenses - law practice.

Read and referred to the Committee on Judiciary.

Representatives Reilly, Palangio, Picard, Barr and Kennedy introduce (02-H 7891) An Act relating to education - the Rhode Island Student Investment Initiative.

Read and referred to the Committee on Finance.

Representatives Caprio, Lally and Garvey introduce (02-H 7892) An Act relating to waters and navigation - personal watercraft safety act.

Read and referred to the Committee on Corporations.

Representative Faria introduces (02-H 7893) An Act relating to electricians.

Read and referred to the Committee on Labor.

Representatives George, The Honorable Speaker Harwood, Martineau, Menard, Fox, Watson and several other members of the House introduce (02-H 7894) House Resolution celebrating March 25, 2002 as the 181st Anniversary of Greek Independence Day.

Representative George requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Benson, Carter and Henseler introduce (02-H 7895) House Resolution extending sympathy on the passing of Gordon Kilday, Sr.

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 rising vote.

Representative Corvese introduces (02-H 7896) An Act amending the charter of North Providence.

Representative Corvese requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Corvese, seconded by Representative Henseler, 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, Anderson, S., Barr, Benson, Bierman, Brien, S., Brien, T., Callahan, Caprio, Carroll, Carter, Cerra, Coderre, Coelho, Coogan, Corvese, Costantino, Dennigan, DeSimone, Faria, Fox, Gallison, Garvey, George, Giannini, Gorham, Guthrie, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Long, Lowe, Maher, Malik, McNamara, Menard, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Pisaturo, Quick, Rabideau, Reilly, Rose, Savage, Scott, Shanley, Shavers, Slater, Story, Sullivan, Tejada, Trillo, Vieira, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS - 0.

Representatives Corvese, Schadone, Sullivan, Vieira, T. Brien and several other members of the House introduce (02-H 7897) An Act relating to holidays and days of special observance.

Read and referred to the Committee on Labor.

Representatives Cicilline, Ajello and Fox introduce (02-H 7898) House Resolution expressing condolences on the passing of Beatrice Kelich.

Representative Ajello requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Fox, Sherlock, Carter, Naughton, George and several other members of the House introduce (02-H 7899) House Resolution creating a special House commission to study gaming.

Read and referred to the Committee on Finance.


NOTICES OF BILL/RESOLUTION

INTRODUCTION


Representative Moura gives notice that on the next legislative day, he will introduce a measure concerning temporary employment 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.

Representative Moura gives notice that on the next legislative day, he will introduce a measure concerning insurance - small employer health insurance availability act.

This notice is given in compliance with House Rule 42.

PAUL E. MOURA
Representative, District 2

Received and ordered to be placed on file.

Representative Kilmartin gives notice that on the next legislative day, he will introduce a measure concerning health insurance.

This notice is given in compliance with House Rule 42.

PETER F. KILMARTIN
Representative, District 80

Received and ordered to be placed on file.

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

This notice is given in compliance with House Rule 42.

PETER F. KILMARTIN
Representative, District 80

Received and ordered to be placed on file.

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

This notice is given in compliance with House Rule 42.

PETER F. KILMARTIN
Representative, District 80

Received and ordered to be placed on file.

Representative Kilmartin gives notice that on the next legislative day, he will introduce a measure concerning health care.

This notice is given in compliance with House Rule 42.

PETER F. KILMARTIN
Representative, District 80

Received and ordered to be placed on file.

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

This notice is given in compliance with House Rule 42.

BROCK D. BIERMAN
Representative, District 23

Received and ordered to be placed on file.

CALENDAR


From the Calendar is taken:

1. (02-H7767) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage.

Representative Flaherty moves passage of the act, seconded by Representatives Watson and Palumbo.

Read and passed, on a roll call vote, 80 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 80: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Anderson, M., Anderson, S., Barr, Benson, Bierman, Brien, S., Brien, T., Callahan, Caprio, Carroll, Carter, Cerra, Coderre, Coelho, Coogan, Corvese, Costantino, Dennigan, Faria, Flaherty, Fox, Gallison, Garvey, George, Giannini, Gorham, Guthrie, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Maher, Malik, McCauley, McNamara, Menard, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Pisaturo, Quick, Rabideau, Reilly, Rose, Savage, Scott, Shanley, Shavers, Slater, Story, Sullivan, Tejada, Trillo, Vieira, 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 McNamara announces that the Committee on Health, Education and Welfare will meet today at the rise of the House.

Also:

Representative Flaherty 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.

Also:

Representative Faria announces that the Committee on Labor will meet today at the rise of the House in Room 211 of the State House.

RECESS
At 4:30 o'clock P.M. the Honorable Speaker declares the House to be in recess for a period of 5 minutes.

ORDER


At 4:38 o'clock P.M. the Honorable Deputy Speaker Winfield calls the House to order.

ADJOURNMENT
At 4:40 o'clock P.M. on motion of Representatives Iwuc and Reilly, and as a further mark of respect to the memory of John C. Murray; on motion of Representative Benson, and as a further mark of respect to the memory of T. Morton Corry; on motion of Representatives Carter and Benson, and as a further mark of respect to the memory of Dot Whitford; on motion of Representatives Guthrie and George, and as a further mark of respect to the memory of Barbara Lombardi (see Appendix for tribute); seconded by Representatives Menard and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION

REPRESENTATIVE JOHN H. MAHER

Thank you God for Your presence here with us and Your blessings on this Assembly today and every day. Amen.



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