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.45 Tuesday, May 7, 2002 Forty-fifth Day


The House of Representatives meets at the State House in Providence, Tuesday, May 7, 2002, and is called to order at 4:13 o'clock P.M., by the Honorable John B. Harwood, Speaker.

The roll is called and a quorum is declared present with 93 members present and 7 members absent as follows:

PRESENT - 93: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Callahan, 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, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Quick, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Sherlock, Simonian, Slater, Smith, Story, Sullivan, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

ABSENT - 7: Representatives Almeida, Cambio, Hetherington, Kilmartin, Murphy, W.J., Shavers, Tejada.

INVOCATION


The Honorable Speaker presents Representative Anguilla, 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 Thursday, May 2, 2002, is approved as printed.

ANNOUNCEMENTS


Representative Shavers will be out of town on business and unable to attend session on May 7, 8 and 9, 2002.



Also:

Representative Cicilline congratulates Representative Dennigan for receiving the Dorothy Lohman Community Service Award from the Rhode Island Bar Association.

Also:

Representative T. Brien congratulates Representative Stella Brien and also her husband for passing the Rhode Island Bar.

GUEST


Representative Lanzi welcomes to the House chambers as a guest, Nick Rossi.


COMMUNICATION FROM THE SENATE


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

(02-S 2861) (Substitute "A" as amended) An Act relating to adjudication of traffic offenses.

Read and referred to the Committee on Judiciary.

(02-S 2897) An Act relating to property.

Read and referred to the Committee on Judiciary.

(02-S 2901) An Act relating to the town of Exeter - juvenile hearing board.

Read and referred to the Committee on Judiciary.

(02-S 2857) An Act relating to domestic relations - solemnization of marriages.

Read and referred to the Committee on Judiciary.

(02-S 2783) (Substitute "A") An Act relating to property - mechanics' liens.

Read and referred to the Committee on Judiciary.

(02-S 2718) (Substitute "A" as amended) An Act relating to state affairs and government - quasi-public corporations.

Read and referred to the Committee on Judiciary.

(02-S 2619 as amended) An Act relating to criminal procedure - indictments, informations and complaints.

Read and referred to the Committee on Judiciary.

(02-S 2715) (Substitute "A") An Act relating to enforcement and collection of estate taxes.

Read and referred to the Committee on Judiciary.

(02-S 2496) An Act relating to miscellaneous rules.

Read and referred to the Committee on Judiciary.

(02-S 2545) An Act relating to the Department of the Attorney General.

Read and referred to the Committee on Judiciary.

(02-S 2382) An Act relating to state affairs and government.

Read and referred to the Committee on Judiciary.

(02-S 2402) (Substitute "A" as amended) An Act relating to criminal procedure - sentence and execution.

Read and referred to the Committee on Judiciary.

(02-S 2396) An Act relating to criminal offenses - children.

Read and referred to the Committee on Judiciary.

(02-S 2691) (Substitute "A") An Act relating to insurance - mandatory prelicensing education requirements.

Read and referred to the Committee on Corporations.

(02-S 2465) (Substitute "A" as amended) An Act relating to health and safety.

Read and referred to the Committee on Health, Education and Welfare.

(02-S 2527) An Act relating to taxation.

Read and referred to the Committee on Finance.

NEW BUSINESS


Representative Rabideau introduces (02-H 8105) An Act relating to towns and cities - Burrillville - optional retirement for police/fire fighters.

Read and referred to the Committee on Corporations.

Representatives Naughton, Crowley and Carter introduce (02-H 8106) An Act relating to state affairs and government - Rhode Island Economic Development Corporation.

Read and referred to the Committee on Finance.

Representatives Dennigan, Ginaitt, Jacquard, Williamson and Cicilline introduce (02-H 8107) House Resolution proclaiming the month of May as "Foster Parent Appreciation Month".

Representative Dennigan requests unanimous consent for immediate consideration.

There is no objection.

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


NOTICES OF BILL/RESOLUTION

INTRODUCTION


Representative Gorham gives notice that on the next legislative day, he will introduce a measure concerning jury service.

This notice is given in compliance with House Rule 42.

NICHOLAS GORHAM
Representative, District 53

Received and ordered to be placed on file.

Representative Malik gives notice that on the next legislative day, he will introduce a measure relating to taxation - U.S. Olympic Committee deduction.

This notice is given in compliance with House Rule 42.

JAN P MALIK
Representative, District 89

Received and ordered to be placed on file.

Representative McNamara gives notice that on the next legislative day, he will introduce a measure concerning an environmental impact study in the city of Warwick.

This notice is given in compliance with House Rule 42.

JOSEPH M. McNAMARA
Representative, District 29

Received and ordered to be placed on file.

CALENDAR
From the Calendar are taken:

1. (02-H6658) (Substitute "A") An Act making revised appropriations for the support of the state for the fiscal year ending June 30, 2002.



Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A".

Representative Watson moves to recommit the act, seconded by Representative Fox.

There is no objection.

The act is recommitted, by unanimous consent, on a voice vote.

Read and referred to the Committee on Finance.

2. (02-H7150) An Act relating to labor relations act.

Committee on Labor recommends passage.

Read, and by unanimous consent ordered to be placed on the Calendar for Tuesday, May 21, 2002.



3. (02-S2262) An Act relating to military affairs and defense - extension of veterans' benefits.

Joint Committee on Veterans' Affairs recommends passage in concurrence.

Representative Benson moves passage of the act, seconded by Representatives San Bento, Gallison, Simonian, Flaherty, Sullivan, Henseler, Carter, Coogan, Iwuc, Reilly, Coelho, Munschy, McNamara, Cerra, Moran, Scott, T. Brien, Slater, Williams, W.H. Murphy and Amaral.

Read and passed, in concurrence, 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, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Callahan, 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, Knickle, Lally, Lanzi, Levesque, Lewiss, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Palangio, Palumbo, Picard, Pisaturo, Quick, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Sherlock, Simonian, Slater, Smith, Story, Sullivan, Thompson, Trillo, Watson, Williams, Williamson, Winfield.

NAYS - 0.

TRANSMITTAL


By unanimous consent, all matters on the Clerk's desk are ordered to be transmitted to His Excellency, the Governor, and to the Honorable Secretary of State, forthwith.

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 Moran announces that the Committee on Special Legislation 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.

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.

ADJOURNMENT


At 4:28 o'clock P.M. on motion of Representative McNamara, and as a further mark of respect to the memory of Robert E. Walsh; on motion of Representatives Moura, Giannini and Carter, and as a further mark of respect to the memory of Al Thompson, Jr.; on motion of Representative Trillo, and as a further mark of respect to the memory of Brian Dickinson; on motion of Representative W.H. Murphy, and as a further mark of respect to the memory of Frederick Coleman; on motion of Representative Shanley, and as a further mark of respect to the memory of Kristian Plymesser; on motion of Representative Amaral, and as a further mark of respect to the memory of Arthur Dias; seconded by Representatives Martineau and Rabideau, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION

RHODE ISLAND INDEPENDENCE DAY

REPRESENTATIVE FAUSTO C. ANGUILLA


Two hundred twenty-six years ago this week, our forefathers in this assembly dared to defy King George, and declared the independence of this state we serve. May their courage be an example to us and to those who follow. Amen.

Appendix



TRANSMITTED TO THE GOVERNOR


(02-S 2262) An Act relating to military affairs and defense - extension of veterans' benefits.

Appendix



CALENDAR


In order for Wednesday, May 8, 2002:

1. (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.

Appendix



CALENDAR


In order for Thursday, May 9, 2002:

1. (02-H7718) An Act relating to labor and labor relations - minimum wages.

Committee on Labor recommends passage.

2. (02-H7403) (Substitute "A") An Act relating to accident and sickness insurance policies.

Committee on Corporations recommends indefinite postponement of the original bill and passage of the bill marked Substitute "A".

3. (02-H7676) An Act relating to public property and works - state purchases.

Committee on Labor recommends passage.

Appendix



CALENDAR


In order for Wednesday, May 15, 2002:

1. (02-H6806) An Act relating to mutual aid agreements.

Committee on Corporations recommends passage.

2. (02-H7704 as amended) An Act relating to towns and cities - emergency police power.

Committee on Corporations recommends passage as amended.

Appendix



CALENDAR


In order for Tuesday, May 21, 2002:

1. (02-H7150) An Act relating to labor relations act.

Committee on Labor recommends passage.

LOUIS D'ANTUONO
Clerk of the House
Tuesday, May 7, 2002



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