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. 31
Wednesday, March 20, 2002
Thirty-first Day
The House of Representatives meets at the State House in Providence, Wednesday, March 20, 2002, and is called to order at 4:20 o'clock P.M., by the Honorable Thomas J. Winfield, Deputy Speaker.
The roll is called and a quorum is declared present with 95 members present and 5 members absent as follows:
ABSENT - 5: The Honorable Speaker Harwood and Representatives Cambio, Hetherington, Pisaturo, Wasylyk.
INVOCATION
The Honorable Deputy Speaker presents Representative Guthrie, 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 19, 2002, is approved as printed.
ANNOUNCEMENT
Representative Cambio will be unable to attend session today.
COMMUNICATION FROM THE SENATE
A message from the Honorable Senate transmits with announcement of passage, of the following measures:
(02-S 2752) An Act relating to employment security - worksharing.
Read and referred to the Committee on Labor.
(02-S 2888) An Act to vacate the forfeiture or revocation of the charter of Eastern Vision Group, Inc.
Read and referred to the Committee on Corporations.
(02-S 2890) An Act to vacate the forfeiture or revocation of the charter of the Chaminade Club of Providence, Rhode Island.
Read and referred to the Committee on Corporations.
(02-S 2085) (Substitute "A") An Act relating to E-911 Uniform Emergency Telephone System Division.
Read and referred to the Committee on Corporations.
(02-S 2490) An Act relating to insurance.
Read and referred to the Committee on Corporations.
(02-S 2695) (Substitute "A") An Act relating to financial institutions - powers and operations.
Read and referred to the Committee on Corporations.
(02-S 2694) An Act relating to public utilities and carriers - taxicabs and limited public motor vehicles.
Read and referred to the Committee on Corporations.
(02-S 2244) An Act relating to probate practice.
Read and referred to the Committee on Judiciary.
(02-S 2714) An Act relating to taxation - tax sales.
Read and referred to the Committee on Judiciary.
REPORTS OF COMMITTEES
TRANSFER OF BILLS
Representative Lewiss, for the Committee on Corporations, reports back the following measures, with recommendation of transfer to the Committee on Finance:
(02-H 7395) An Act relating to cities and towns - unfunded pension liability.
Received and referred to the Committee on Finance.
(02-H 7332) An Act relating to public property and works - Department of Transportation.
Received and referred to the Committee on Finance.
(02-H 7913) An Act relating to towns and cities - budget and review commission - city of Cranston.
Received and referred to the Committee on Finance.
(02-H 7319) An Act relating to medical assistance.
Received and referred to the Committee on Finance.
(02-H 7275) An Act relating to businesses and professions.
Received and referred to the Committee on Finance.
(02-H 7009) An Act relating to towns and cities - relief of injured and deceased firefighters, correctional officers and police officers.
Received and referred to the Committee on Finance.
Representative Lewiss, for the Committee on Corporations, reports back the following measure, with recommendation of transfer to the Committee on Judiciary:
(02-H 7868) An Act relating to solemnization of marriages.
Received and referred to the Committee on Judiciary.
Representative Ginaitt, for the Joint Committee on Environment and Energy, reports back the following measure, with recommendation of transfer to the Committee on Finance:
(02-H 7063) An Act relating to towns and cities - uniform relocation payments.
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 7741) An Act relating to towns and cities - retirement of municipal employees.
Received and ordered to be placed on the Consent Calendar.
(02-H 7780) An Act relating to taxation - property subject to taxation.
Received and ordered to be placed on the Consent Calendar.
(02-H 7785) An Act relating to taxation - property subject to taxation.
Received and ordered to be placed on the Consent Calendar.
(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).
Received and ordered to be placed on the Consent Calendar.
(02-H 7807) An Act relating to taxation - revaluation.
Received and ordered to be placed on the Consent Calendar.
(02-H 7826) An Act to vacate the forfeiture or revocation of the charter of R.B. Site Construction, Inc.
Received and ordered to be placed on the Consent Calendar.
(02-H 7840) An Act relating to the city of Newport.
Received and ordered to be placed on the Consent Calendar.
(02-H 7235) (Substitute "A") An Act relating to financial institutions - powers and operations.
Received and ordered to be placed on the Calendar.
NEW BUSINESS
Representatives T. Brien, Munschy, Picard, Martineau and S. Brien introduce (02-H 7916) An Act relating to animals and animal husbandry - dogs.
Read and referred to the Committee on Corporations.
Representative T. Brien introduces (02-H 7917) An Act relating to fish and game licenses - fees.
Read and referred to the Committee on Finance.
Representative Faria introduces (02-H 7918) House Resolution creating a special House commission to study temporary employment practices and procedures.
Read and referred to the Committee on Labor.
Representative Shanley introduces (02-H 7919) An Act relating to solemnization of marriages.
Representative Shanley requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Shanley, seconded by the entire House of Representatives
, on a roll call vote, 83 members voting in the affirmative and 0 members voting in the negative as follows:
The Honorable Speaker Harwood introduces (02-H 7920) House Resolution thanking Colonel Culhane, Jr. for his more than 11 years of outstanding service to the State of Rhode Island and wishing him a most joyous and fulfilling retirement.
The Honorable Speaker Harwood requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of the Honorable Speaker Harwood, seconded by the entire House of Representatives
, and by unanimous consent, on a voice vote.
Representatives Bierman, Lanzi and Montanaro introduce (02-H 7921) House Resolution creating a special House commission to study quarries.
Representative Bierman requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Bierman, seconded by Representatives Lanzi, Montanaro, McNamara and George, on a roll call vote, 85 members voting in the affirmative and 0 members voting in the negative as follows:
Representative Menard gives notice that on the next legislative day, he will introduce a measure concerning agriculture and forestry.
This notice is given in compliance with House Rule 42.
RENE R. MENARD
Representative, District 58
Received and ordered to be placed on file.
Representative Slater gives notice that on the next legislative day, he will introduce a measure concerning student transportation.
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 Slater gives notice that on the next legislative day, he will introduce a measure concerning taxation - earned income.
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 W.J. Murphy gives notice that on the next legislative day, he will introduce a measure concerning marriages.
This notice is given in compliance with House Rule 42.
WILLIAM J. MURPHY
Representative, District 39
Received and ordered to be placed on file.
Representative Corvese gives notice that on the next legislative day, he will introduce a measure concerning extending reporting date of special legislative commission.
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 Fleury gives notice that on the next legislative day, he will introduce a measure concerning school teachers contracts.
This notice is given in compliance with House Rule 42.
RICHARD E. FLEURY
Representative, District 40
Received and ordered to be placed on file.
Representative Fleury gives notice that on the next legislative day, he will introduce a measure concerning municipal pension bonds.
This notice is given in compliance with House Rule 42.
RICHARD E. FLEURY
Representative, District 40
Received and ordered to be placed on file.
Representative Fleury gives notice that on the next legislative day, he will introduce a measure concerning access to public records.
This notice is given in compliance with House Rule 42.
RICHARD E. FLEURY
Representative, District 40
Received and ordered to be placed on file.
Representative Hogan gives notice that on the next legislative day, he will introduce a measure concerning mortgages.
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 Iwuc gives notice that on the next legislative day, he will introduce a measure concerning revocation of charter of Angelo's Pizza.
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 Costantino gives notice that on the next legislative day, he will introduce a measure concerning condominium ownership.
This notice is given in compliance with House Rule 42.
STEVEN M. COSTANTINO
Representative, District 14
Received and ordered to be placed on file.
Representative Costantino gives notice that on the next legislative day, he will introduce a measure concerning RI student investment initiative.
This notice is given in compliance with House Rule 42.
STEVEN M. COSTANTINO
Representative, District 14
Received and ordered to be placed on file.
Representative Costantino gives notice that on the next legislative day, he will introduce a measure concerning state pharmaceutical purchasing.
This notice is given in compliance with House Rule 42.
STEVEN M. COSTANTINO
Representative, District 14
Received and ordered to be placed on file.
Representative Ginaitt gives notice that on the next legislative day, he will introduce a measure concerning CRMC penalties.
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 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 Cicilline gives notice that on the next legislative day, he will introduce a measure concerning senior citizens.
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 Cicilline gives notice that on the next legislative day, he will introduce a measure concerning education.
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 Cicilline gives notice that on the next legislative day, he will introduce a measure concerning ethics.
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 Cicilline gives notice that on the next legislative day, he will introduce a measure concerning pensions.
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 Kilmartin gives notice that on the next legislative day, he will introduce a measure concerning sex offender notification.
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 Cicilline gives notice that on the next legislative day, he will introduce a measure concerning appropriations.
This notice is given in compliance with House Rule 42.
DAVID N. CICILLINE
Representative, District 4
Received and ordered to be placed on file.
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.
CALENDAR
From the Calendar are taken:
1. (02-H6660 as amended) An Act relating to criminal offenses - weapons.
Committee on Judiciary recommends passage as amended.
Read, and by unanimous consent ordered to be placed on the Calendar for Wednesday, March 27, 2002.
2. (02-H6662) An Act relating to the Department of Corrections.
Committee on Judiciary recommends passage.
Representative Flaherty moves to recommit the act, seconded by Representative Aiken.
There is no objection.
The act is recommitted, by unanimous consent, on a voice vote.
Read and referred to the Committee on Judiciary.
3. (02-H6769) An Act relating to criminal procedure - railroad, steamboat, and bridge police.
Committee on Judiciary recommends passage.
Representative Aiken moves passage of the act, seconded by Representatives Lewiss, Anguilla and Flaherty.
Read and passed, on a roll call vote, 82 members voting in the affirmative and 0 members voting in the negative as follows:
11. (02-H7274) An Act relating to businesses and professions - telecommunications.
Committee on Corporations recommends passage.
Representative Barr moves passage of the act, seconded by Representatives Palangio, Coderre, Kennedy, Garvey, Lowe, Picard, Reilly, Menard, Coelho, Amaral, Long and Kilmartin.
By unanimous consent, Representative Barr, seconded by Representative Kennedy, T. Brien, Shanley and Trillo, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(02-H 7274)
Mr. Speaker:
I hereby move to amend (02-H 7274) entitled "AN ACT RELATING TO BUSINESSES AND PROFESSIONS - TELECOMMUNICATIONS" as follows:
(1) On page 1, line 9, after the word "commission." by adding the following language "Work and equipment are integral parts of a communication system if such work and equipment are used to transmit telephone calls or messages in such communication systems."
(2) On page 3, line 6, after the word "the" by adding the following language "public utilities commission and/or the".
(3) On page 3, line 7, by deleting the words "upon passage" and inserting in place thereof the following words "on July 1, 2001".
Respectfully submitted,
JOHN DOUGLAS BARR, II
Representative, District 59
The motion to amend is read and prevails on a roll call vote, 87 members voting in the affirmative and 0 members voting in the negative as follows:
NAYS - 3: Representatives Amaral, Anderson, M., George.
CONSENT CALENDAR
From the Consent Calendar are taken:
1. (02-H7784) An Act to vacate the forfeiture or revocation of the charter of Shadbush, Inc.
Committee on Corporations recommends passage.
2. (02-H7782) An Act relating to property tax relief in the town of Jamestown.
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.
ANNOUNCEMENTS
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 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 Ginaitt 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.
Also:
Representative Faria announces that the Committee on Labor will meet today at the rise of the House in Room 313 of the State House.
Also:
Representative George announces that the Committee on Finance will meet today at the rise of the House in Room 35 of the State House.
Also:
Majority Leader Martineau reminds everyone that there will be no session tomorrow. The House will reconvene on Tuesday, March 26, 2002.
Also:
Majority Leader Martineau announces that the Desk will remain open in order to receive Committee Reports.
There is no objection.
PERSONAL PRIVILEGE
By unanimous consent, Representative Carroll addresses the members of the House on a point of personal privilege in regard to a newspaper article in tomorrow's paper.
ADJOURNMENT
At 5:06 o'clock P.M. on motion of Representative Cerra, and as a further mark of respect to the memory of Barbara Moretti; on motion of Representatives
Faria and Iwuc, and as a further mark of respect to the memory of George Costa; on motion of Representative Faria, and as a further mark of respect to the memory of Raymond Paine; on motion of Representatives
Palumbo and W.J. Murphy, and as a further mark of respect to the memory of John O'Hara; on motion of Representatives
Watson and Kilmartin, and as a further mark of respect to the memory of Ruth Thurley; seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.
LINDA McELROY Recording Clerk
Appendix
INVOCATION
REPRESENTATIVE SCOTT J. GUTHRIE
Lord, may it be Thy will, not our own, which governs our deliberations this day. Amen.
Appendix
IN MEMORIAM
On March 19, 2002, this House adjourned in memory of Arthur North.
For 30 years Arthur was actively involved in our Chapter serving people with disabilities. He started as an assistant camp director, moved to being on the Board of Directors, to Treasurer of the Board, to President.
When Arthur retired from the Middletown schools, where he was the Head of the Foreign Language Department, he became a full time volunteer Advocate for people with disabilities for our Chapter.
For the past 10 years as an advocate he has helped hundreds of people and their families.
It is impossible to list the number of boards and commissions in which he was involved.
Arthur didn't have a child with disabilities, yet he adopted this cause and for 30 years he dedicated himself to the betterment of people with disabilities.
Arthur will be remembered in the same stead as other leaders of our center, Jim Maher, Sen. Joe Chaves, Mayor Harp Donnelly and Joe Byron. Our movement has been fortunate to have such great advocates, like Arthur North and from Trudeau Rep. Paul Sherlock.
Our condolences go out to his wife Edna, his daughters Stephanie, Patti, and Allison and his son Christopher.
Appendix
CONSENT CALENDAR
In order for Thursday, March 28, 2002:
1. (02-H7741) An Act relating to towns and cities - retirement of municipal employees.
Committee on Corporations recommends passage.
2. (02-H7780) An Act relating to taxation - property subject to taxation.
Committee on Corporations recommends passage.
3. (02-H7785) An Act relating to taxation - property subject to taxation.
Committee on Corporations recommends passage.
4. (02-H7804) 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).
Committee on Corporations recommends passage.
5. (02-H7807) An Act relating to taxation - revaluation.
Committee on Corporations recommends passage.
6. (02-H7826) An Act to vacate the forfeiture or revocation of the charter of R.B. Site Construction, Inc.
Committee on Corporations recommends passage.
7. (02-H7840) An Act relating to the city of Newport.
Committee on Corporations recommends passage.
LOUIS D'ANTUONO Clerk of the House
Wednesday, March 20, 2002
Appendix
CALENDAR
In order for Tuesday, March 26, 2002:
1. (02-H6771) An Act relating to criminal offenses - false personation.
Committee on Judiciary recommends passage.
2. (02-H6899) An Act relating to criminal procedures.
Committee on Judiciary recommends passage.
Appendix
CALENDAR
In order for Wednesday, March 27, 2002:
1. (02-H6660 as amended) An Act relating to criminal offenses - weapons.
Committee on Judiciary recommends passage as amended.
2. (02-H6800) An Act relating to the National Guard.
Committee on Judiciary recommends passage.
Appendix
CALENDAR
In order for Thursday, March 28, 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-H7235) (Substitute "A") An Act relating to financial institutions - powers and operations.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
LOUIS D'ANTUONO Clerk of the House
Wednesday, March 20, 2002
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