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.35 |
Wednesday, April 3, 2002 |
Thirty-fifth Day |
The House of Representatives meets at the State House in Providence, Wednesday, April 3, 2002, and is called to order at 4:17 o'clock P.M., by the Honorable John B. Harwood, Speaker.
The roll is called and a quorum is declared present with 98 members present and 2 members absent as follows:
PRESENT - 98: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Callahan, Cambio, Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Guthrie, Henseler, 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 - 2: Representatives Hetherington, Pisaturo.
INVOCATION
The Honorable Speaker presents Representative Picard, 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, April 2, 2002, is hereby corrected by recording Representative Cambio as present.
APPROVAL OF RECORD
By unanimous consent, the House Journal of Tuesday, April 2, 2002, is approved as corrected.
GUESTS
Representatives Benson, McNamara and Garvey welcome to the House Chambers as guests retired teachers Chris Henseler, Gloria Henseler, Edward J. Slattery and Carlo Gamba, Past President of the Rhode Island Retired Teachers Association, introduced today in honor of April being the National Retired Teachers Month.
Representative Henseler welcomes to the House Chambers as guests Toby Ayres, Melody Drnich, Emily Rochon, Morgan Rock, Patricia O'Rourke, Beverly Dwyer, Rose Morissette, Beverly McKenna, Carol Ann Hurley, Amy Oltihs, Linda Cipriano, Charlene Knath and J. Philip Kane.
COMMUNICATION FROM THE SENATE
A message from the Honorable Senate transmits with announcement of passage, of the following measures:
(02-S 2912) An Act reinstating and restoring forfeited or revoked corporate charters.
Read and referred to the Committee on Corporations.
(02-S 2668) (Substitute ``A'') An Act to amend the management and control of the Community College of Rhode Island Foundation.
Read and referred to the Committee on Health, Education and Welfare.
(02-S 2364) An Act relating to businesses and professions - intractable pain treatment.
Read and referred to the Committee on Health, Education and Welfare.
(02-S 2392) An Act relating to professional service corporations.
Read and referred to the Committee on Health, Education and Welfare.
(02-S 2302) An Act relating to health and safety - needlestick safety and injury prevention act.
Read and referred to the Committee on Health, Education and Welfare.
(02-S 2517) (Substitute ``A'') An Act relating to health and safety - abuse in health care facilities.
Read and referred to the Committee on Health, Education and Welfare.
(02-S 2076) An Act relating to animals and animal husbandry.
Read and referred to the Committee on Special Legislation.
(02-S 2176) (Substitute ``A'') An Act relating to fish and wildlife - deer hunting.
Read and referred to the Committee on Special Legislation.
(02-S 2191) An Act relating to motor and other vehicles.
Read and referred to the Committee on Special Legislation.
(02-S 2233) An Act relating to animals and husbandry.
Read and referred to the Committee on Special Legislation.
(02-S 2334) An Act relating to the fair employment practices.
Read and referred to the Committee on Labor.
(02-S 2460) An Act relating to fair employment practices act.
Read and referred to the Committee on Labor.
(02-S 2662) (Substitute ``A'') An Act relating to electricians - apprenticeship.
Read and referred to the Committee on Labor.
REPORTS OF COMMITTEES
COMMITTEE ON JUDICIARY
Representative Flaherty, for the Committee on Judiciary, reports back the following measures, with recommendation of no passage:
(02-H 7050) Joint Resolution to approve and publish and submit to the electors a proposition of amendment to the Constitution of the State (separation of powers).
No further action required.
TRANSFER OF BILLS
Representative Flaherty, for the Committee on Judiciary, reports back the following measures, with recommendation of transfer to the Committee on Finance:
(02-H 7567) An Act relating to state affairs and government - corrections department.
Received and referred to the Committee on Finance.
(02-H 7717) An Act relating to state affairs and government - law enforcement standards and training.
Received and referred to the Committee on Finance.
(02-H 7716) An Act relating to state affairs and government - the Rhode Island Law Enforcement Accredition Commission.
Received and referred to the Committee on Finance.
(02-H 7566) An Act relating to criminals - correctional institutions - parole.
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 7004 as amended) An Act relating to motor and other vehicles.
Received and ordered to be placed on the Calendar.
(02-H 7106) (Substitute ``A'') An Act relating to taxation - property subject to taxation.
Received and ordered to be placed on the Calendar.
(02-H 7704) An Act relating to towns and cities - emergency police power.
Received and ordered to be placed on the Calendar.
(02-H 7420) An Act relating to motor vehicles - responsibility of owners of rental vehicles.
Received and ordered to be placed on the Calendar.
(02-H 7282) (Substitute ``A'') An Act relating to the airport corporation.
Received and ordered to be placed on the Calendar.
(02-H 7269) An Act relating to state affairs and government - Department of Environmental Management.
Received and ordered to be placed on the Calendar.
(02-H 7268) An Act relating to criminal offenses - impersonation and indentity fraud.
Received and ordered to be placed on the Calendar.
(02-H 7238) An Act relating to businesses and professions - hawkers and peddlers.
Received and ordered to be placed on the Calendar.
(02-H 7080) An Act relating to zoning ordinances.
Received and ordered to be placed on the Calendar.
(02-H 7006) An Act relating to cities and towns.
Received and ordered to be placed on the Calendar.
(02-H 6924) An Act relating to miscellaneous rules.
Received and ordered to be placed on the Calendar.
(02-H 6838) An Act relating to alcoholic beverages - licenses generally.
Received and ordered to be placed on the Calendar.
(02-H 6837) (Substitute ``A'' as amended) An Act relating to financial institutions - community obligations and banking offenses.
Received and ordered to be placed on the Calendar.
(02-H 6836) An Act commercial law - general regulatory procedures - unfair sales practices.
Received and ordered to be placed on the Calendar.
(02-H 6803) (Substitute ``A'') An Act relating to health insurance coverage.
Received and ordered to be placed on the Calendar.
(02-H 6778 as amended) An Act relating to E-911 uniform emergency telephone system division.
Received and ordered to be placed on the Calendar.
(02-H 6757) An Act relating to corporations, associations and partnerships - limited liability partnerships and the Rhode Island limited liability company act.
Received and ordered to be placed on the Calendar.
(02-H 6755) An Act relating to comercial law - general regulatory provisions - sale of oils.
Received and ordered to be placed on the Calendar.
COMMITTEE ON HEALTH, EDUCATION AND WELFARE
Representative Cambio, for the Committee on Health, Education and Welfare, reports back the following measures, with recommendation of passage:
(02-H 7302) An Act relating to mental health, retardation and hospitals - Department of Mental Health, Retardation and Hospitals.
Received and ordered to be placed on the Calendar.
(02-H 7304) An Act relating to curative services.
Received and ordered to be placed on the Calendar.
(02-H 7152) House Resolution honoring Lt. Col. Martha McSally on her many outstanding accomplishments and recent victory over female dress code requirements in Saudi Arabia.
Received and ordered to be placed on the Calendar.
(02-H 7303) An Act relating to the Department of Mental Health, Retardation and Hospitals.
Received and ordered to be placed on the Calendar.
(02-H 7296) Joint Resolution memorializing Congress to enact a nationwide criminal background check and registry for long-term care workers.
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 7018) An Act relating to towns and cities - general powers.
Received and ordered to be placed on the Calendar.
(02-H 7086) (Substitute ``A'') An Act relating to divorce and separation - domestic violence.
Received and ordered to be placed on the Calendar.
(02-H 7445) An Act relating to property.
Received and ordered to be placed on the Calendar.
(02-H 7458) An Act relating to courts and civil procedure - particular actions - death by wrongful act.
Received and ordered to be placed on the Calendar.
(02-H 7816) An Act relating to divorce and separation.
Received and ordered to be placed on the Calendar.
(02-H 7842 as amended) An Act relating to state affairs and government - corrections department.
Received and ordered to be placed on the Calendar.
(02-H 7868) An Act relating to solemnization of marriages.
Received and ordered to be placed on the Calendar.
(02-H 7879) An Act relating to solemnization of marriages.
Received and ordered to be placed on the Calendar.
(02-H 7890) (Substitute ``A'') An Act relating to criminal offenses - law practice.
Received and ordered to be placed on the Calendar.
(02-H 7926 as amended) An Act relating to mortgages.
Received and ordered to be placed on the Calendar.
COMMITTEE ON SPECIAL LEGISLATION
Representative Coderre, for the Committee on Special Legislation, reports back the following measures, with recommendation of passage:
(02-H 6618) An Act relating to animals and animal husbandry - dogs.
Received and ordered to be placed on the Calendar.
(02-H 7384) An Act relating to retail licenses.
Received and ordered to be placed on the Calendar.
(02-H 6801) (Substitute ``A'') An Act relating to the National Guard.
Received and ordered to be placed on the Calendar.
NEW BUSINESS
Representatives Moura, McCauley and Schadone introduce (02-H 7979) An Act relating to insurance - unfair competition and practices.
Read and referred to the Committee on Corporations.
Representative Cicilline introduces (02-H 7980) Joint Resolution to approve and publish and submit to the electors a proposition of amendment to the Constitution of the State (education).
Read and referred to the Committee on Finance.
Representatives W.H. Murphy, Henseler, Carter, Benson and Crowley introduce (02-H 7981) House Resolution respectfully requesting the Rhode Island Economic Development Corporation to include an option in the ``EIS'' for developing a hotel/ condominium/ marina complex at Quonset Point.
Read and referred to the Committee on Finance.
Representatives Menard, Winfield, Shavers, Giannini and Simonian introduce (02-H 7982) An Act relating to state affairs and government - council on the arts.
Read and referred to the Committee on Finance.
Representative Guthrie introduces (02-H 7983) An Act relating to criminal procedure.
Read and referred to the Committee on Judiciary.
Representative Guthrie introduces (02-H 7984) An Act relating to criminal offenses - stalking.
Read and referred to the Committee on Judiciary.
Representative Pisaturo introduces (02-H 7985) An Act relating to courts and civil procedure - courts - traffic tribunal.
Read and referred to the Committee on Judiciary.
Representative Kilmartin introduces (02-H 7986) An Act relating to criminal procedure.
Read and referred to the Committee on Judiciary.
Representatives Benson, Sullivan, McNamara, M. Anderson and Coelho introduce (02-H 7987) House Resolution celebrating Wednesday, April 3, 2002 as ``Retired Teachers Day'' in Rhode Island.
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 voice vote.
Representative Jacquard introduces (02-H 7988) An Act to vacate the forfeiture or revocation of the charter of Coachman Condominium, Inc.
Representative Jacquard requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Jacquard, seconded by Representative Watson, on a roll call vote, 85 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 85: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Callahan, Cambio, Caprio, Carroll, Cerra, Cicilline, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Guthrie, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, Menard, Montanaro, Moran, Mumford, Munschy, Murphy, W.J., Naughton, Palumbo, Picard, Pires, Quick, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Simonian, Slater, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Watson, Williamson, Winfield.
NAYS - 0.
Representative Martineau introduces (02-H 7989) House Resolution expressing condolences.
Representative Martineau requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Martineau, seconded by Representative Quick, and by unanimous consent, on a rising vote.
Representatives Henseler, George, Giannini, Abdullah-Odiase and Coderre introduce (02-H 7990) House Resolution proclaiming April 3, 2002 as ``Rhode Island Pay Equity Day''.
Representative Henseler requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Henseler, seconded by Representative George, and by unanimous consent, on a voice vote.
Representatives Rabideau and Lowe introduce (02-H 7991) An Act authorizing the town of Burrillville to finance the construction of extensions and improvements to its sewage disposal system and to issue not more than $6,000,000 bonds therefor.
Representatives Rabideau and Lowe request unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Rabideau, 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:
YEAS - 83: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Almeida, Amaral, Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Callahan, Cambio, Caprio, Carroll, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Flaherty, Fox, Gallison, Garvey, George, Ginaitt, Gorham, Guthrie, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palumbo, Picard, Rabideau, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Simonian, Slater, Story, Sullivan, Thompson, Trillo, Vieira, Voccola, Wasylyk, Williamson, Winfield.
NAYS - 0.
Representatives Rabideau and Lowe introduce (02-H 7992) An Act authorizing the town of Burrillville to finance the construction, equipping and furnishing of a town library and to issue not more than $5,000,000 bonds therefor.
Representatives Rabideau and Lowe request unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Rabideau, seconded by the entire House of Representatives, on a roll call vote, 87 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 87: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Almeida, Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Callahan, Cambio, Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Flaherty, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Guthrie, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palumbo, Picard, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Simonian, Slater, Story, Sullivan, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williamson, Winfield.
NAYS - 0.
Representatives S. Anderson, Guthrie, George and Montanaro introduce (02-H 7993) An Act relating to public property and works - leases and concessions.
Representative S. Anderson requests to place the act on tomorrow's Calendar.
There is no objection.
Ordered to be placed on the Calendar for Thursday, April 4, 2002.
NOTICES OF BILL/RESOLUTION
INTRODUCTION
Representative Sullivan gives notice that on the next legislative day, he will introduce a measure concerning this act would create a new retail license category for alcohol.
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 Moura gives notice that on the next legislative day, he will introduce a measure concerning public buildings.
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 McCauley gives notice that on the next legislative day, he will introduce a measure concerning Rhode Island Home Loan Protection Act.
This notice is given in compliance with House Rule 42.
JOHN J. McCAULEY, JR.
Representative, District 1
Received and ordered to be placed on file.
Representative Cicilline gives notice that on the next legislative day, he will introduce a measure concerning weapons, civil rights, and parole violation hearings.
This notice is given in compliance with House Rule 42.
DAVID N. CICILLINE
Representative, District 4
Received and ordered to be placed on file.
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.
Representative Palumbo moves passage of the act, seconded by Representative Martineau.
By unanimous consent, Representative Levesque, seconded by Representative Palumbo, offers a written motion to amend.
Read, and by unanimous consent ordered to be placed on the Calendar for Thursday, April 4, 2002.
2. (02-H7274 as amended) An Act relating to businesses and professions - telecommunications.
Committee on Corporations recommends passage as amended.
Representative Menard moves passage of the act, seconded by Representative Martineau.
By unanimous consent, Representative Menard offers Representative Barr's amendment, seconded by Representative Martineau, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(02-H 7274 as amended)
Mr. Speaker:
I hereby move to amend (02-H 7274 as amended) entitled ``AN ACT RELATING TO BUSINESSES AND PROFESSIONS - TELECOMMUNICATIONS'' as follows:
By deleting all of the language following the enactment clause and inserting in place thereof the following:
``SECTION 1. Section 5-70-7 of the General Laws in Chapter 5-70 entitled `Telecommunications' is hereby amended to read as follows:
5-70-7. PERSONS AND WORK EXEMPT. - The provisions of this chapter do not apply to:
(1) The work and equipment employed in connection with the operation of signals, or the transmission of intelligence, and performed by an employee of a municipality or public utility where that work and equipment is an integral part of the communication system owned and operated by a municipality or by a public utility company; or in rendering that work that is subject to regulation under the authority of the public utility commission or the federal communications commission. 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) The work and equipment employed in connection with any community antenna television system (CATV) subject to regulation under title 39 by the division of public utilities; or any subcontractor of the CATV system while performing the work., whether or not the work is deemed regulated or nonregulated by a state or federal code, statute, regulation, or decision of any regulatory authority or board. No state or local permits shall be required for the performance of any work covered by this section.
(3) The work and equipment employed in connection with any public or private radio or television station and/or service and their authorized agents, that have in their employ a person holding a valid federal commercial class license granted by the federal communication commision.
(4) The work and equipment employed in connection with the installation and/or servicing of data processing systems or personal computers that are provided by a data processing firm or corporation. This exemption does not extend to include work pursuant to this chapter.
(5) This chapter does not forbid the installation of telecommunications systems in a single family residential building or on the immediate premises of the building by the owner if the owner is living on, or about to live on, the premises.
(6) This chapter exempts and has no application to any holder of an electrical contractor's license, certificate A or the holder of an electrician's journeyperson's license, certificate B, issued by the Rhode Island department of labor and training, division of professional regulation, and an electrician apprentice registered by the department of labor and training working under the direct supervision of a holder of an electrician journeyperson's license, Class B. Work performed pursuant to this chapter is designed in accordance with the provisions of this chapter or a manufacturer's design and specification installation instruction.
(7) This chapter does not forbid any person who now holds a license issued by the state in the performance of their normal duties; nor does it forbid any person who now holds a license to operate a moving picture machine in the performance of their normal duties; provided, that the person holds a valid license that was granted by a town or city council in the state or by an official, board, or agency endowed with authority to issue that license. This exemption does not apply to work performed that is not directly related to the performance of the duties of the license holder that are regulated under the valid license.
(8)(i) Any firm, corporation, or other form of legal entity which employs permanent staff to design, configure, install, or service telecommunications system(s) within its own organization, affiliates, members, or network. The organization is referred to as a ``self-provider'' for purposes of this chapter.
(ii) The staff employed by the self-provider is not required to be licensed under this chapter while performing work in supporting the telecommunications system(s) within its organization, affiliates, members, or network.
(iii) However, should the self-provider contract any services provided by the subject telecommunications system(s), those individuals performing the work associated with the services are not exempt from this chapter and must hold the appropriate license under this chapter.
(9) This chapter does not forbid the work of any person who holds a registration as a professional engineer in this state in the performance of their normal duties; provided, that the work is stamped and signed in accordance with the rules and regulations of the board of registration of professional engineers.
(10) The telecommunications work and equipment in mines, ships, railway rolling stock, or automotive equipment.
(11) The work and equipment employed in connection with kindergarten through grade 12 schools or public libraries utilizing volunteers under the direct supervision of a Rhode Island licensed telecommunication system contractor (TSC), with no more than two (2) volunteers being directly supervised by a Telecommunication System Contractor (TSC).
(12) The work and equipment employed in connection with any telephone company subject to regulation by the public utilities commission and/or the division of public utilities, whether or not the work is deemed regulated or nonregulated by a state or federal code, statute, regulation, or decision of any regulatory authority or board. No state or local permits shall be required for the performance of any work covered by this section.
SECTION 2. Sections 23-27.3-102.0, 23-27.3-103.0 and 23-27.3-113.1 of the General Laws in Chapter 23-27.3 entitled ``State Building Code'' are hereby amended to read as follows:
23-27.3-102.0. ORDINARY REPAIRS. - Ordinary repairs to buildings and structures may be made without application or notice to the building official, but the repairs shall not include:
(1) The installation of any siding;
(2) The cutting away of any wall, partition or portion of the wall;
(3) The removal or cutting away of any structural beam or bearing support;
(4) The removal or change of any required means of egress;
(5) Rearrangement of parts of a structure affecting the exitway requirements;
(6) Alteration of, replacement or relocation of any standard pipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping;
(7) Electric wiring;
(8) Mechanical or other work which affects public health, safety or welfare.
All work not classified as ordinary repair shall comply with the rules and regulations or ordinances of the municipality as to the procurement of a permit for these repairs. No permit shall be required for the work and equipment employed in connection with any telephone company subject to regulation by the public utilities commission and/or the division of public utilities, or any community antenna television system (CATV) subject to regulation under title 39 by the division of public utilities or any subcontractor of the CATV system while performing the work, whether or not such work is deemed regulated or nonregulated by a state or federal code, statute, regulation and/or decision of any regulatory authority or board.
23-27.3-103.0. INSTALLATION OF SERVICE EQUIPMENT. - When the installation, extension, alteration, or repair of an elevator, moving stairway, mechanical equipment, refrigeration, air conditioning or ventilation apparatus, plumbing, gas piping, electric wiring, heating system, or any other equipment is specifically controlled by the provisions of the code or the approved rules and regulations, it shall be unlawful to use the equipment until a certificate of approval has been issued therefore by the building official or other municipal or state agency having jurisdiction. This section shall not apply to the installation, extension, alteration, or repair of equipment employed in connection with any telephone company subject to regulation by the public utilities commission and/or the division of public utilities, or any community antenna television system (CATV) or any subcontractor of the CATV system while performing the work whether or not such work is deemed regulated or nonregulated by a state or federal code, statute, regulation and/or decision of any regulatory authority or board.
23-27.3-113.1. WHEN PERMIT IS REQUIRED. - It shall be unlawful to construct, enlarge, alter, remove, or demolish a building, or change the occupancy of a building from one use group as defined in this code to another; or to install or alter any equipment for which provision is made or the installation of which is regulated by this code, without first filing an application with the building official in writing and obtaining the required permit therefor; except that ordinary repairs as defined in section 23-27.3-102.0 which do not involve any violation of this code shall be exempt from this provision. No permit shall be required for the work and equipment employed in connection with any telephone company subject to regulation by the public utilities commission and/or the division of public utilities, or any community antenna television system (CATV) subject to regulation under title 39 by the division of public utilities or any subcontractor of the CATV system while performing the work, whether or not such work is deemed regulated or nonregulated by a state or federal code, statute, regulation and/or decision of any regulatory authority or board.
SECTION 3. This act shall take effect on July 1, 2002.
''
Respectfully submitted,
JOHN DOUGLAS BARR, II
Representative, District 59
The motion to amend is read and prevails on a roll call vote, 86 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 86: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Callahan, Cambio, Caprio, Carroll, Carter, Cerra, Cicilline, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Guthrie, Henseler, Hogan, Iwuc, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.J., Naughton, Palumbo, Picard, Pires, Quick, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Simonian, Story, Sullivan, Thompson, Trillo, Vieira, Wasylyk, Williams, Winfield.
NAYS - 0.
Read and passed, as amended, on a roll call vote, 84 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 84: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Almeida, Amaral, Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Callahan, Cambio, Caprio, Carroll, Carter, Cerra, Cicilline, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Flaherty, Fleury, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Guthrie, Henseler, Hogan, Iwuc, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palumbo, Picard, Pires, Quick, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Simonian, Story, Sullivan, Thompson, Trillo, Vieira, Wasylyk, Williams, Winfield.
NAYS - 0.
Representatives Abdullah-Odiase and Menard discuss the previous act.
Representative Abdullah-Odiase requests the journal to reflect that if she had voted on (02-H 7274 as amended), she would have voted in the affirmative.
There is no objection.
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 313 of the State House.
Also:
Representative Gianinni announces that the Committee on Finance will meet today at the rise of the House in Room 35 of the State House.
Also:
Representative Gianinni announces that the Committee on Finance will meet tomorrow at 1:30 o'clock P.M. in Room 203 of the State House.
Also:
Representative Cambio 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 W.J. Murphy announces that the Committee on Judiciary will meet today at the rise of the House in Room 205 of the State House.
Also:
Representative Faria announces that the Committee on Labor will meet today at the rise of the House in Room 203 of the State House.
DESK HELD OPEN
By agreement of the Majority and Minority, the Desk will be held open in order to receive Committee Reports.
There is no objection.
ADJOURNMENT
At 4:40 o'clock P.M. on motion of the Honorable Speaker Harwood and Representative Reilly, and as a further mark of respect to the memory of Robert A. Magill; on motion of the Honorable Speaker Harwood and Representative Lewiss, and as a further mark of respect to the memory of Dr. Anthony V. DiMaio; on motion of Representative W.J. Murphy, and as a further mark of respect to the memory of Frank Giorgio, Jr.; on motion of Representative Aiken, and as a further mark of respect to the memory of Rita Champagne; on motion of Representative Knickle, and as a further mark of respect to the memories of Kenneth Graff and Thomas Paquette; seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.
LINDA McELROY
Recording Clerk
Appendix
INVOCATION
REPRESENTATIVE ROGER A. PICARD
Thank you God for Your presence here with us and Your blessings on this Assembly today and every day. Amen.
Appendix
CONSENT CALENDAR
In order for Tuesday, April 9, 2002:
1. (02-H7277) An Act relating to the revaluation of the assessment of local taxes in the city of Providence.
Committee on Corporations recommends passage.
2. (02-H7845) An Act relating to taxation - property tax exemption for persons over 65 - East Greenwich.
Committee on Corporations recommends passage.
3. (02-H7867) An Act relating to New Shoreham - affordable housing board.
Committee on Corporations recommends passage.
4. (02-H7869) An Act authorizing the town of East Greenwich to finance the construction, renovation, alteration, repair, improvement, equipping and furnishing of, and/or additions to, public schools and school facilities in the town and to issue not more than $34,000,000 bonds and/or notes therefor.
Committee on Corporations recommends passage.
5. (02-H7870) An Act authorizing the town of East Greenwich to finance the construction, renovation, alteration, repair, improvement, equipping and furnishing of, and/or additions to, public schools and school facilities in the town and to issue not more than $34,000,000 bonds and/or notes therefor.
Committee on Corporations recommends passage.
6. (02-S2844) An Act reinstating and restoring forfeited or revoked corporate charters.
Committee on Corporations recommends passage in concurrence.
7. (02-S2846) An Act reinstating and restoring forfeited or revoked corporate charters.
Committee on Corporations recommends passage in concurrence.
LOUIS D'ANTUONO
Clerk of the House
Wednesday, April 3, 2002
Appendix
CALENDAR
In order for Thursday, April 4, 2002:
1. (02-H6660 as amended) An Act relating to criminal offenses - weapons.
Committee on Judiciary recommends passage as amended.
2. (02-H6713) An Act pertaining to the continued operation of power plants at the Quonset Point/Davisville Industrial Park.
Committee on Corporations recommends passage.
3. (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''.
4. (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''.
5. (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''.
6. (02-H6725) An Act relating to liability insurance - rental vehicles.
Committee on Judiciary recommends passage.
7. (02-H6968) An Act relating to courts and civil procedure - courts - District Court.
Committee on Judiciary recommends passage.
8. (02-H6978) An Act relating to waters and navigation - obstructions to navigation.
Committee on Judiciary recommends passage.
9. (02-H6969) An Act relating to courts and civil procedure - court administration.
Committee on Judiciary recommends passage.
10. (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''.
11. (02-H7114) An Act relating to criminal offenses.
Committee on Judiciary recommends passage.
12. (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''.
13. (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.
14. (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.
15. (02-H7993) An Act relating to public property and works - leases and concessions.
Ordered on the Calendar.
Appendix
CALENDAR
In order for Wednesday, April 10, 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-H7004 as amended) An Act relating to motor and other vehicles.
Committee on Corporations recommends passage as amended.
3. (02-H7106) (Substitute ``A'') An Act relating to taxation - property subject to taxation.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute ``A''.
4. (02-H7704) An Act relating to towns and cities - emergency police power.
Committee on Corporations recommends passage.
5. (02-H7420) An Act relating to motor vehicles - responsibility of owners of rental vehicles.
Committee on Corporations recommends passage.
6. (02-H7282) (Substitute ``A'') An Act relating to the airport corporation.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute ``A''.
7. (02-H7269) An Act relating to state affairs and government - Department of Environmental Management.
Committee on Corporations recommends passage.
8. (02-H7268) An Act relating to criminal offenses - impersonation and indentity fraud.
Committee on Corporations recommends passage.
9. (02-H7238) An Act relating to businesses and professions - hawkers and peddlers.
Committee on Corporations recommends passage.
10. (02-H7080) An Act relating to zoning ordinances.
Committee on Corporations recommends passage.
11. (02-H7006) An Act relating to cities and towns.
Committee on Corporations recommends passage.
12. (02-H6924) An Act relating to miscellaneous rules.
Committee on Corporations recommends passage.
13. (02-H6838) An Act relating to alcoholic beverages - licenses generally.
Committee on Corporations recommends passage.
14. (02-H6837) (Substitute ``A'' as amended) An Act relating to financial institutions - community obligations and banking offenses.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute ``A'' as amended.
15. (02-H6836) An Act commercial law - general regulatory procedures - unfair sales practices.
Committee on Corporations recommends passage.
16. (02-H6803) (Substitute ``A'') An Act relating to health insurance coverage.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute ``A''.
17. (02-H6778 as amended) An Act relating to E-911 uniform emergency telephone system division.
Committee on Corporations recommends passage as amended.
18. (02-H6757) An Act relating to corporations, associations and partnerships - limited liability partnerships and the Rhode Island limited liability company act.
Committee on Corporations recommends passage.
19. (02-H6755) An Act relating to comercial law - general regulatory provisions - sale of oils.
Committee on Corporations recommends passage.
20. (02-H6618) An Act relating to animals and animal husbandry - dogs.
Committee on Special Legislation recommends passage.
21. (02-H7384) An Act relating to retail licenses.
Committee on Special Legislation recommends passage.
22. (02-H6801) (Substitute ``A'') An Act relating to the National Guard.
Committee on Special Legislation recommends indefinite postponement of the original bill and passage of Substitute ``A''.
23. (02-H7302) An Act relating to mental health, retardation and hospitals - Department of Mental Health, Retardation and Hospitals.
Committee on Health, Education and Welfare recommends passage.
24. (02-H7304) An Act relating to curative services.
Committee on Health, Education and Welfare recommends passage.
25. (02-H7152) House Resolution honoring Lt. Col. Martha McSally on her many outstanding accomplishments and recent victory over female dress code requirements in Saudi Arabia.
Committee on Health, Education and Welfare recommends passage.
26. (02-H7303) An Act relating to the Department of Mental Health, Retardation and Hospitals.
Committee on Health, Education and Welfare recommends passage.
27. (02-H7296) Joint Resolution memorializing Congress to enact a nationwide criminal background check and registry for long-term care workers.
Committee on Health, Education and Welfare recommends passage.
28. (02-H7018) An Act relating to towns and cities - general powers.
Committee on Judiciary recommends passage.
29. (02-H7086) (Substitute ``A'') An Act relating to divorce and separation - domestic violence.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute ``A''.
30. (02-H7445) An Act relating to property.
Committee on Judiciary recommends passage.
31. (02-H7458) An Act relating to courts and civil procedure - particular actions - death by wrongful act.
Committee on Judiciary recommends passage.
32. (02-H7816) An Act relating to divorce and separation.
Committee on Judiciary recommends passage.
33. (02-H7842 as amended) An Act relating to state affairs and government - corrections department.
Committee on Judiciary recommends passage as amended.
34. (02-H7868) An Act relating to solemnization of marriages.
Committee on Judiciary recommends passage.
35. (02-H7879) An Act relating to solemnization of marriages.
Committee on Judiciary recommends passage.
36. (02-H7890) (Substitute ``A'') An Act relating to criminal offenses - law practice.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute ``A''.
37. (02-H7926 as amended) An Act relating to mortgages.
Committee on Judiciary recommends passage as amended.
LOUIS D'ANTUONO
Clerk of the House
Wednesday, April 3, 2002
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