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. 32 |
Tuesday, March 26, 2002 |
Thirty-second Day |
The House of Representatives meets at the State House in Providence, Tuesday, March 26, 2002, and is called to order at 4:10 o'clock P.M., by the Honorable John B. Harwood, Speaker.
The roll is called and a quorum is declared present with 96 members present and 4 members absent as follows:
PRESENT - 96: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Callahan, Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Dennigan, DeSimone, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, 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, Scott, Shanley, Shavers, Sherlock, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.
ABSENT - 4: Representatives Anderson, S., Cambio, Crowley, Pisaturo.
INVOCATION
Representative George presents His Eminence Metropolitan Methodius, who delivers the Invocation (the Lord's Prayer) and the Honorable Speaker leads the membership in the Pledge of Allegiance to the Flag.
APPROVAL OF RECORD
By unanimous consent, the House Journal of Wednesday, March 20, 2002, is approved as printed.
ANNOUNCEMENTS
Representative Ginaitt announces he will be absent from session tomorrow due to a family wake.
Also:
Representative Slater announces the United Way Legislators of the Year Ceremony will be held Wednesday, March 27, 2002 in the House Lounge. This year's honoree from the House of Representatives is Representative Steven M. Costantino.
Also:
The Honorable Speaker announces former Representative Carpenter is in Atlanta and wishes everyone well.
HOLD ON THE DESK
Representative Menard requests to continue to hold (02-H 7274) on the Desk.
There is no objection.
GUESTS
Representative George welcomes to the House Chambers as guests Koula Rougas and Helen Trigolis.
ANNOUNCEMENTS
Representative Anguilla wishes Representatives Gallison and T. Brien a very Happy Birthday.
Also:
The Honorable Speaker wishes his daughter Kylie a very Happy Birthday.
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 7284) An Act to vacate the forfeiture or revocation of the charter of Rosa Associates Fine Foods, Inc., effective March 20, 2002.
(02-H 7333) An Act to vacate the forfeiture or revocation of the charter of the West Bay Village Condominium Association, Inc., effective March 20, 2002.
(02-H 7330) An Act to vacate the forfeiture or revocation of the charter of Asselin Realty, Inc., effective March 20, 2002.
(02-H 7283) An Act to vacate the forfeiture or revocation of the charter of Cornerstone Communication Groups, Inc., effective March 20, 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 measures:
(02-S 2112) An Act relating to insurance - active duty military auto insurance.
Read and referred to the Committee on Corporations.
(02-S 2843) 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 and land trust."
Read and referred to the Committee on Corporations.
(02-S 2898) An Act reinstating and restoring forfeited or revoked corporate charters.
Read and referred to the Committee on Corporations.
(02-S 2174 as amended) An Act relating to accident reports.
Read and referred to the Committee on Judiciary.
(02-S 2211) An Act relating to elections - voting districts and officials.
Read and referred to the Committee on Corporations.
REPORTS OF COMMITTEES
TRANSFER OF BILLS
Representative Lewiss, for the Committee on Corporations, reports back the following measure, with recommendation of transfer to the Committee on Health, Education and Welfare:
(02-H 7372) An Act relating to school committees and superintendents.
Received and referred to the Committee on Health, Education and Welfare.
Representative Lewiss, for the Committee on Corporations, reports back the following measures, with recommendation of transfer to the Committee on Finance:
(02-H 7160) An Act relating to education - establishment of charter public schools.
Received and referred to the Committee on Finance.
(02-H 7233) An Act relating to taxation - hotel tax.
Received and referred to the Committee on Finance.
Representative Ginaitt, for the Committee on Health, Education and Welfare, reports back the following measure, with recommendation of transfer to the Committee on Judiciary:
(02-H 6766) An Act relating to noise limits for motor vehicles.
Received and referred to the Committee on Judiciary.
Representative Ginaitt, for the Joint Committee on Environment and Energy, reports back the following measures, with recommendation of transfer to the Committee on Finance:
(02-H 6780) An Act relating to fish and wildlife - licenses.
Received and referred to the Committee on Finance.
(02-H 6760) An Act relating to waters and navigation - restoration of estuarine and coastal habitat resources.
Received and referred to the Committee on Finance.
(02-H 7045) An Act relating to the regulation of boats.
Received and referred to the Committee on Finance.
NEW BUSINESS
Representative Caprio introduces (02-H 7922) An Act to vacate the forfeiture or revocation of the charter of A. Ricci, Inc.
Read and referred to the Committee on Corporations.
Representatives George, Carter and Scott introduce (02-H 7923) An Act relating to the town of Exeter - juvenile hearing board.
Read and referred to the Committee on Corporations.
Representative Kilmartin introduces (02-H 7924) An Act relating to sexual offender and community notification.
Read and referred to the Committee on Finance.
Representatives Naughton, Costantino, Sherlock, Corvese and Maher introduce (02-H 7925) House Resolution creating a special House commission to promote and develop a comprehensive system of education for visually impaired children.
Read and referred to the Committee on Health, Education and Welfare.
Representative Hogan introduces (02-H 7926) An Act relating to mortgages.
Read and referred to the Committee on Judiciary.
Representatives Caprio, Shanley, Garvey and Lally introduce (02-H 7927) An Act relating to Joint Committee on Naming All New Buildings, Bridges, Edifices and other State Constructions.
Read and referred to the Joint Committee on Naming State Constructions.
Representative Iwuc introduces (02-H 7928) An Act to vacate the forfeiture or revocation of the charter of Angelo's Pizza, Inc.
Representative Iwuc requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Iwuc, seconded by Representative Watson, and by unanimous consent, on a roll call vote, 67 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 67: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Caprio, Carroll, Cerra, Coderre, Coelho, Coogan, Corvese, Costantino, Flaherty, Fox, Garvey, George, Giannini, Ginaitt, Gorham, Guthrie, Henseler, Iwuc, Kennedy, Knickle, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, McCauley, McNamara, Montanaro, Moran, Moura, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palumbo, Picard, Rabideau, Reilly, Rose, San Bento, Schadone, Scott, Shanley, Shavers, Slater, Smith, Sullivan, Tejada, Thompson, Trillo, Vieira, Williams, Winfield.
NAYS - 0.
Representatives Corvese, Schadone, McCauley, Vieira and Palumbo introduce (02-H 7929) Joint Resolution extending the reporting date of the special legislative commission to study all aspects of needle, syringe and lancet disposal procedures.
Representative Corvese requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Corvese, seconded by the entire House of Representatives and by unanimous consent, on a voice vote.
Representatives George, Guthrie and Watson introduce (02-H 7930) House Resolution congratulating Francis Beard on receiving the "Special Diploma" from the government of France for his contribution in the fight to liberate France from the axis powers in World War II.
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 McNamara and Kilmartin introduce (02-H 7931) House Resolution thanking Stanley P. Lachut for his tremendous involvement with the youth of the state and congratulating him on his retirement from the field of education.
Representative McNamara requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative McNamara, seconded by the entire House of Representatives, and by unanimous consent, on a voice vote.
Minority Leader Watson objects to Rule 42 being accepted without an explanation to the members.
Representative Menard questions the objection.
Representative Levesque discusses procedure of Rule 42.
NOTICES OF BILL/RESOLUTION
INTRODUCTION
Representative Lima gives notice that on the next legislative day, she will introduce a measure concerning public school buses funding.
This notice is given in compliance with House Rule 42.
CHARLENE LIMA
Representative, District 13
Received and ordered to be placed on file.
Representative George gives notice that on the next legislative day, she will introduce a measure concerning domestic abuse.
This notice is given in compliance with House Rule 42.
MYRNA C. GEORGE
Representative, District 31
Received and ordered to be placed on file.
Representative Savage gives notice that on the next legislative day, he will introduce a measure concerning abused and neglected children.
This notice is given in compliance with House Rule 42.
JOHN A. SAVAGE
Representative, District 87
Received and ordered to be placed on file.
Representative Lowe gives notice that on the next legislative day, he will introduce a measure concerning witnesses.
This notice is given in compliance with House Rule 42.
ROBERT B. LOWE
Representative, District 61
Received and ordered to be placed on file.
Representative Lowe 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.
ROBERT B. LOWE
Representative, District 61
Received and ordered to be placed on file.
Representative Sherlock gives notice that on the next legislative day, he will introduce a measure concerning opposing large scale container port.
This notice is given in compliance with House Rule 42.
PAUL V. SHERLOCK
Representative, District 30
Received and ordered to be placed on file.
Representative Sherlock gives notice that on the next legislative day, he will introduce a measure concerning hawkers and peddlers.
This notice is given in compliance with House Rule 42.
PAUL V. SHERLOCK
Representative, District 30
Received and ordered to be placed on file.
Representative Sherlock gives notice that on the next legislative day, he will introduce a measure concerning veterans tax exemption.
This notice is given in compliance with House Rule 42.
PAUL V. SHERLOCK
Representative, District 30
Received and ordered to be placed on file.
Representative Sherlock gives notice that on the next legislative day, he will introduce a measure concerning opposing elimination of communities control of applications for wetlands alteration.
This notice is given in compliance with House Rule 42.
PAUL V. SHERLOCK
Representative, District 30
Received and ordered to be placed on file.
Representative Anguilla gives notice that on the next legislative day, he will introduce a measure concerning assignment of dental insurance benefits.
This notice is given in compliance with House Rule 42.
FAUSTO C. ANGUILLA
Representative, District 90
Received and ordered to be placed on file.
Representative Sullivan gives notice that on the next legislative day, he will introduce a measure concerning Class D liquor licenses retailers Class D.
This notice is given in compliance with House Rule 42.
ROBERT D. SULLIVAN
Representative, District 86
Received and ordered to be placed on file.
Representative Kilmartin gives notice that on the next legislative day, he will introduce a measure concerning labor.
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 education.
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 Faria gives notice that on the next legislative day, he will introduce a measure concerning elevators inspections to a new state board of inspections.
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 Moura gives notice that on the next legislative day, he will introduce a measure concerning unfair competition and 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 Amaral gives notice that on the next legislative day, he will introduce a measure concerning sales tax.
This notice is given in compliance with House Rule 42.
JOSEPH N. AMARAL
Representative, District 92
Received and ordered to be placed on file.
CALENDAR
From the Calendar are taken:
1. (02-H6771) An Act relating to criminal offenses - false personation.
Committee on Judiciary recommends passage.
Read, and by unanimous consent ordered to be placed on the Calendar for Tuesday, April 2, 2002.
2. (02-H6899) An Act relating to criminal procedures.
Committee on Judiciary recommends passage.
Read, and by unanimous consent ordered to be placed on the Calendar for Wednesday, March 27, 2002.
ANNOUNCEMENTS
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 Hetherington announces that the Committee on Health, Education and Welfare will meet today at the rise of the House.
Also:
Representative Giannini announces that the Committee on Finance will meet today at the rise of the House in Room 35 of the State House.
Also:
The Honorable Speaker announces Majority Leader Martineau's Fundraiser is tonight from 6:30 to 8:30 o'clock P.M. at the Museum of Work and Culture in Woonsocket. All are invited.
Also:
Representative George offers a Greek toast to the members.
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.
ADJOURNMENT
At 4:38 o'clock P.M. on motion of Representative Williamson, and as a further mark of respect to the memory of Hector Poulin; on motion of Representative McNamara, and as a further mark of respect to the memory of James E. Lyman; on motion of Representative Mumford, and as a further mark of respect to the memory of Anthony Guglielmi; on motion of Representative Ginaitt, and as a further mark of respect to the memory of Ann Alen; on motion of Representative Lima, and as a further mark of respect to the memory of Philip J. Iodice; seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.
LINDA McELROY
Recording Clerk
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
Tuesday, March 26, 2002
Appendix
CALENDAR
In order for Wednesday, March 27, 2002:
1. (02-H6899) An Act relating to criminal procedures.
Committee on Judiciary recommends passage.
2. (02-H6660 as amended) An Act relating to criminal offenses - weapons.
Committee on Judiciary recommends passage as amended.
3. (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".
Appendix
CALENDAR
In order for Tuesday, April 2, 2002:
1. (02-H6771) An Act relating to criminal offenses - false personation.
Committee on Judiciary recommends passage.
LOUIS D'ANTUONO
Clerk of the House
Tuesday, March 26, 2002
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