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. 33
Wednesday, March 27, 2002
Thirty-third Day
The House of Representatives meets at the State House in Providence, Wednesday, March 27, 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 96 members present and 4 members absent as follows:
The Honorable Speaker presents Representative Lewiss, 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 26, 2002, is approved as printed.
ANNOUNCEMENT
Representative Ginaitt will be unable to attend session today, due to a death in the family.
GUESTS
Representative Abdullah-Odiase welcomes to the House Chambers as guests, Kim Cotter Lemus, teacher from Flynn Elementary School, and her class who perform on behalf of the Deborah Griffin Memorial Scholarship Fund.
Also:
Representative Rabideau welcomes to the House Chambers as a guest Representative Trillo's grandson, Joseph Trillo IV.
Also:
At 4:20 o'clock P.M. the Honorable Speaker yields the rostrum to Representative Smith.
By unanimous consent, Representative Smith addresses the members of the House and welcomes to the House, Islinsy Merius.
By unanimous consent, Islinsy Merius addresses the members of the House and recites a poem.
At 4:27 o'clock P.M. the Honorable Speaker returns to the rostrum.
Also:
Representatives Aiken and Williams welcome to the House as guests, students from Sophia Academy in Providence, along with Sister Mary Riley.
Also:
At 4:28 o'clock P.M. the Honorable Speaker yields the rostrum to Representative Crowley.
By unanimous consent, Representative Crowley addresses the members of the House and welcomes to the House Patrick Donovan, 1st Class Cadet, Mass Maritime Academy, Gale Harper, 1st Class Cadet, Mass Maritime Academy, Capt. Thomas Bushy, Captain of the Training Ship Empire State, Lt. Julie McMichen, Staff Officer and Division Officer, MMA, Mr. and Mrs. Joseph T. Donovan and Ms. Kate Donovan, Mr. and Mrs. William Tomkinson, and Ms. Janet Harper.
Representatives Shavers and Callahan also welcome them to the House.
By unanimous consent, Patrick Donovan addresses the members of the House.
At 4:35 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 2160) An Act relating to education - private schools.
Read and referred to the Committee on Corporations.
(02-S 2836) An Act relating to taxation - property subject to taxation.
Read and referred to the Committee on Corporations.
(02-S 2852) An Act relating to validating and ratifying certain amendments to home rule charter of the city of Newport.
Read and referred to the Committee on Corporations.
(02-S 2833) An Act relating to taxation - property subject to taxation.
Read and referred to the Committee on Corporations.
(02-S 2829) An Act relating to property tax relief in the town of Jamestown.
Read and referred to the Committee on Corporations.
(02-S 2555) (Substitute "A") An Act relating to levy and assessment of local taxes.
Read and referred to the Committee on Corporations.
(02-S 2338) An Act relating to management and disposal of property.
Read and referred to the Committee on Corporations.
(02-S 2131) An Act authorizing the town of East Greenwich to issue not more than $12,500,000 bonds and notes to finance extension of sewer lines and the upgrading of the sewage treatment plant of the town and all attendant expenses, including but not limited to engineering costs.
Read and referred to the Committee on Corporations.
(02-S 2749) An Act relating to taxation - business corporation tax.
Read and referred to the Committee on Finance.
(02-S 2048) (Substitute "A") An Act relating to labor and labor relations.
Read and referred to the Committee on Labor.
(02-S 2657) An Act relating to labor and labor relations - division of professional regulation.
Read and referred to the Committee on Labor.
(02-S 2709) An Act relating to causes of action.
Read and referred to the Committee on Labor.
(02-S 2710) An Act relating to courts and civil procedure - causes of action.
Read and referred to the Committee on Labor.
(02-S 2781) An Act relating to plumbers and irrigators.
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 measure, with recommendation of transfer to the Committee on Finance:
(02-H 7001) An Act relating to towns and cities - payments to fire companies.
Received and referred to the Committee on Finance.
Representative McNamara, for the Committee on Health, Education and Welfare, reports back the following measures, with recommendation of transfer to the Committee on Finance:
(02-H 7300) An Act relating to education.
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 7113) Joint Resolution to approve and publish and submit to the electors a proposition of amendment to the Constitution of the State (separation of powers).
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 6713) An Act pertaining to the continued operation of power plants at the Quonset Point/Davisville Industrial Park.
Received and ordered to be placed on the Calendar.
COMMITTEE ON FINANCE
Representative Fox, for the Committee on Finance, reports back the following measures, with recommendation of passage:
(02-H 7079) (Substitute "A") An Act relating to the business corporations act.
Received and ordered to be placed on the Calendar.
(02-H 7154) (Substitute "A") An Act relating to levy and assessment of local taxes.
Received and ordered to be placed on the Calendar.
(02-H 7899) (Substitute "A") An Act creating a special House commission to study gaming.
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 6725) An Act relating to liability insurance - rental vehicles.
Received and ordered to be placed on the Calendar.
(02-H 6968) An Act relating to courts and civil procedure - courts - District Court.
Received and ordered to be placed on the Calendar.
(02-H 6978) An Act relating to waters and navigation - obstructions to navigation.
Received and ordered to be placed on the Calendar.
(02-H 6969) An Act relating to courts and civil procedure - court administration.
Received and ordered to be placed on the Calendar.
(02-H 7085) (Substitute "A") An Act relating to libraries - state law library.
Received and ordered to be placed on the Calendar.
(02-H 7114) An Act relating to criminal offenses.
Received and ordered to be placed on the Calendar.
(02-H 7437) (Substitute "A") An Act relating to prisoner release and parole notification.
Received and ordered to be placed on the Calendar.
(02-H 7828) (Substitute "A" as amended) An Act relating to adjudication of traffic offenses.
Received and ordered to be placed on the Calendar.
(02-H 7588) (Substitute "A" as amended) An Act relating to Rhode Island Uniform Commercial Driver's License Act.
Received and ordered to be placed on the Calendar.
NEW BUSINESS
Representative Williams introduces (02-H 7932) An Act to vacate the forfeiture or revocation of the charter of Hmong Evangelical Church of the Christian and Missionary Alliance.
Read and referred to the Committee on Corporations.
Representatives Fleury, Williamson and Murphy introduce (02-H 7933) An Act relating to public records - access to public records.
Read and referred to the Committee on Corporations.
Representative Garvey introduces (02-H 7934) An Act relating to public utilities and carriers - notification to the town of New Shoreham.
Read and referred to the Committee on Corporations.
Representative Costantino introduces (02-H 7935) An Act relating to property - condominium ownership.
Read and referred to the Committee on Corporations.
Representatives Costantino, Slater, Fox and Almeida introduce (02-H 7936) An Act relating to public utilities and carriers - termination of service to persons who are disabled and seriously ill.
Read and referred to the Committee on Corporations.
Representative Kennedy introduces (02-H 7937) An Act relating to elections - Hopkinton.
Read and referred to the Committee on Corporations.
Representatives Ginaitt, McNamara, Caprio, Naughton and Reilly introduce (02-H 7938) An Act relating to sales and use taxes - liability and computation.
Read and referred to the Committee on Finance.
Representative Ginaitt introduces (02-H 7939) An Act relating to sales and use taxes - liability and computation.
Read and referred to the Committee on Finance.
Representatives Fleury, Mumford, W.H. Murphy, Rabideau and Gorham introduce (02-H 7940) An Act authorizing municipal pension obligation bonds.
Read and referred to the Committee on Finance.
Representatives Costantino, Mumford, Dennigan, Ginaitt and Sherlock introduce (02-H 7941) An Act relating to state affairs and government - state pharmaceutical purchasing and dispensing coordinating council.
Read and referred to the Committee on Finance.
Representatives Costantino and Sherlock introduce (02-H 7942) An Act relating to education - the Rhode Island student investment initiative.
Read and referred to the Committee on Finance.
Representatives Murphy, Anguilla, McNamara, Garvey and Williamson introduce (02-H 7943) An Act relating to domestic relation - solemnization of marriages.
Read and referred to the Committee on Judiciary.
Representative Cicilline introduces (02-H 7944) An Act relating to public officers and employees - code of ethics.
Read and referred to the Committee on Judiciary.
Representatives Fleury, Williamson and Murphy introduce (by request) (02-H 7945) An Act relating to labor and labor relations - certified school teachers' arbitration.
Read and referred to the Committee on Labor.
Representative Sherlock introduces (02-H 7946) Joint Resolution making an appropriation of $748.47 to pay the claim of Joseph W. Warburton of 67 Adams Street, Warwick, Rhode Island 02888.
Read and referred to the Joint Committee on Accounts and Claims.
Representatives Menard and Winfield introduce (02-H 7947) An Act relating to agriculture and forestry - agricultural functions of Department of Environmental Management.
Read and referred to the Joint Committee on Environment and Energy.
Representatives Ginaitt, Naughton and Reilly introduce (02-H 7948) An Act relating to Coastal Resources Management Council - administrative penalties.
Read and referred to the Joint Committee on Environment and Energy.
Representative Ginaitt introduces (02-H 7949) An Act relating to Rhode Island Resource Recovery Corporation - Eco-Depot.
Read and referred to the Joint Committee on Environment and Energy.
Representatives Ginaitt and Lewiss introduce (02-H 7950) An Act relating to cities and towns - zoning.
Read and referred to the Joint Committee on Environment and Energy.
Representative Kennedy introduces (02-H 7951) An Act relating to the town of Hopkinton Juvenile Hearing Board.
Read and referred to the Committee on Corporations.
Representatives Crowley, Callahan, Shavers, W.H. Murphy and Long introduce (02-H 7952) House Resolution honoring Newporter Patrick Donovan for bravery and seamanship in the rescue of a solo sailor.
Representative Crowley requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Crowley, seconded by the entire House of Representatives, and by unanimous consent, on a voice vote.
Representative Shavers introduces (02-H 7953) House Resolution proclaiming Saturday, April 20, 2002 as "Family Service of Rhode Island Day".
Representative Shavers requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Shavers, seconded by the entire House of Representatives, and by unanimous consent, on a voice vote.
Representatives Martineau and Watson introduce (02-H 7954) 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 Lima, Palumbo and Henseler introduce (02-H 7955) An Act relating to municipal authorities - Cranston retirement system.
Representative Lima requests unanimous consent for immediate consideration.
There is objection.
Read and referred to the Committee on Corporations.
NOTICES OF BILL/RESOLUTION
INTRODUCTION
Representative Menard gives notice that on the next legislative day, he will introduce a measure concerning Council on the Arts.
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 W.H. Murphy gives notice that on the next legislative day, he will introduce a measure concerning Rhode Island Economic Development Corporation.
This notice is given in compliance with House Rule 42.
WILLIAM H. MURPHY
Representative, District 98
Received and ordered to be placed on file.
Representative Pisaturo gives notice that on the next legislative day, he will introduce a measure concerning courts and civil procedure.
This notice is given in compliance with House Rule 42.
MICHAEL S. PISATURO
Representative, District 21
Received and ordered to be placed on file.
CALENDAR
From the Calendar are taken:
1. (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 Tuesday, April 2, 2002.
2. (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, April 3, 2002.
3. (02-H6800) An Act relating to the National Guard.
Committee on Judiciary recommends passage.
Representative Gallison moves passage of the act, seconded by Representatives Martineau and T. Brien.
By unanimous consent, Representative Gallison, seconded by Representatives T. Brien, Sullivan, Caprio and Coelho, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(02-H 6800)
Mr. Speaker:
I hereby move to amend (02-H 6800) entitled "AN ACT RELATING TO THE NATIONAL GUARD" as follows:
By deleting all of the language following the enactment clause and inserting in place thereof the following:
SECTION 1. Chapter 30-7 of the General Laws entitled "Privileges and Immunities of Militiamen" is hereby amended by adding thereto the following section:
30-7-10. STATE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT. - All national guard members on state active duty for a continuous period exceeding ninety (90) days shall be entitled to the rights, protections, privileges and immunities afforded under the soldiers' and sailors' civil relief act, title 50 US Code, sections 500-592. These rights, protections, privileges and immunities shall include, but are not limited to, the following: maximum rate of interest not to exceed six percent (6%), continuation of insurance policies, protection from eviction as well as the right to terminate a lease due to military service, and continuance or stay of civil proceedings. Jurisdiction shall be exclusive to the superior court for any alleged violations of this section.
SECTION 2. This act shall take effect upon passage.
Respectfully submitted,
RAYMOND E. GALLISON, JR.
Representative, District 91
The motion to amend is read and prevails on a roll call vote, 77 members voting in the affirmative and 0 members voting in the negative as follows:
Representative Shavers requests the journal to reflect that if she had voted on the amendment to (02-H 6800), she would have voted in the affirmative.
There is no objection.
HOLD ON THE DESK
Representative Moura requests to hold (02-H 6800 as amended) on the Desk.
There is no objection.
FROM THE DESK
From the Desk is taken:
(02-H 7274 as amended) An Act relating to businesses and professions - telecommunications.
Representative Menard moves to reconsider the act, seconded by Representative Barr.
There is no objection.
The motion to reconsider prevails, by unanimous consent, on a voice vote.
Read and ordered to be placed on the Calendar for Wednesday, April 3, 2002.
ANNOUNCEMENTS
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 Giannini announces that the Committee on Finance will not meet tomorrow at 1:00 o'clock P.M. in Room 35 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 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 McNamara 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 Pires announces Representative Costantino was awarded the Legislator of the Year Award today from the United Way.
Also:
The Honorable Speaker Harwood announces Minority Leader Watson has a fundraiser tonight at Olive's, 108 North Main Street, from 5:30-8:00 o'clock P.M. All are invited.
Also:
Majority Leader Martineau announces with the agreement of the Majority and the Minority, the House will not meet tomorrow, Holy Thursday. Session will reconvene on Tuesday, April 2, 2002.
CALENDAR
On suggestion of Majority Leader Martineau, and by unanimous consent, the Calendar for tomorrow is continued to Tuesday, April 2, 2002.
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 4:45 o'clock P.M. on motion of Representatives Benson and Carter, and as a further mark of respect to the memory of Ernie Cheetham; on motion of Representative Moran, and as a further mark of respect to the memory of Roger Vigeant; on motion of Representative Long, and as a further mark of respect to the memory of Christopher Tucker; seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.
LINDA McELROY Recording Clerk
Appendix
INVOCATION
REPRESENTATIVE PETER L. LEWISS
Long ago, at this season, a people set out on a journey. On such a night as this, Israel went forth from degradation to joy. We give thanks for the liberations of days gone by. And we pray for all who are still bound, still denied their human rights. Eternal God, may all who hunger come to rejoice in a new Passover. Let all the human family sit at Your table, drink the wine of deliverance, eat the bread of freedom: freedom from bondage and freedom from oppression, freedom from hunger and freedom from want, freedom from hatred and freedom from fear, freedom to think and freedom to speak, freedom to teach and freedom to learn, freedom to love and freedom to share, freedom to hope and freedom to rejoice, soon, in our days, amen.
Appendix
CONSENT CALENDAR
In order for Tuesday, April 2, 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 27, 2002
Appendix
CALENDAR
In order for Tuesday, April 2, 2002:
1. (02-H6899) An Act relating to criminal procedures.
Committee on Judiciary recommends passage.
2. (02-H6771) An Act relating to criminal offenses - false personation.
Committee on Judiciary recommends passage.
3. (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.
4. (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 Wednesday, April 3, 2002:
1. (02-H6660 as amended) An Act relating to criminal offenses - weapons.
Committee on Judiciary recommends passage as amended.
2. (02-H7274 as amended) An Act relating to businesses and professions - telecommunications.
Committee on Corporations recommends passage as amended.
Appendix
CALENDAR
In order for Thursday, April 4, 2002:
1. (02-H6713) An Act pertaining to the continued operation of power plants at the Quonset Point/Davisville Industrial Park.
Committee on Corporations recommends passage.
2. (02-H7079) (Substitute "A") An Act relating to the business corporations act.
Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A".
3. (02-H7154) (Substitute "A") An Act relating to levy and assessment of local taxes.
Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A".
4. (02-H7899) (Substitute "A") An Act creating a special House commission to study gaming.
Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A".
5. (02-H6725) An Act relating to liability insurance - rental vehicles.
Committee on Judiciary recommends passage.
6. (02-H6968) An Act relating to courts and civil procedure - courts - District Court.
Committee on Judiciary recommends passage.
7. (02-H6978) An Act relating to waters and navigation - obstructions to navigation.
Committee on Judiciary recommends passage.
8. (02-H6969) An Act relating to courts and civil procedure - court administration.
Committee on Judiciary recommends passage.
9. (02-H7085) (Substitute "A") An Act relating to libraries - state law library.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".
10. (02-H7114) An Act relating to criminal offenses.
Committee on Judiciary recommends passage.
11. (02-H7437) (Substitute "A") An Act relating to prisoner release and parole notification.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".
12. (02-H7828) (Substitute "A" as amended) An Act relating to adjudication of traffic offenses.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.
13. (02-H7588) (Substitute "A" as amended) An Act relating to Rhode Island Uniform Commercial Driver's License Act.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.
LOUIS D'ANTUONO Clerk of the House
Wednesday, March 27, 2002
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