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. 46 |
Wednesday, May 8, 2002 |
Forty-sixth Day |
The House of Representatives meets at the State House in Providence, Wednesday, May 8, 2002, and is called to order at 4:08 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, Almeida, Amaral, Anderson, M., Anderson, S., 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, 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, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Sherlock, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.
ABSENT - 7: Representatives Cambio, Crowley, Kilmartin, Murphy, W.J., Pisaturo, Quick, Shavers.
INVOCATION
The Honorable Speaker presents Representative McNamara, 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, May 7, 2002, is approved as printed.
MOMENT OF SILENCE
Representative Carter requests to rise for a moment of silence in memory of V-E Day.
REPORTS OF COMMITTEES
TRANSFER OF BILL
Representative Flaherty, for the Committee on Judiciary, reports back the following measure, with recommendation of transfer to the Committee on Finance:
(02-S 2724) An Act relating to state affairs and government - administrative procedures.
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 7848) 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 a land trust".
Received and ordered to be placed on the Consent Calendar.
(02-H 7916) An Act relating to animals and animal husbandry - dogs.
Received and ordered to be placed on the Consent Calendar.
(02-H 7961) An Act exempting from taxation the real, mixed and personal property of the Greater Westerly-Pawcatuck Area Chamber of Commerce.
Received and ordered to be placed on the Consent Calendar.
(02-H 7861) An Act increasing the holdings and changing the name of the Boys & Girls Clubs of Pawtucket.
Received and ordered to be placed on the Consent Calendar.
(02-H 8025) An Act relating to the city of Pawtucket - abandoned motor vehicles.
Received and ordered to be placed on the Consent Calendar.
(02-H 8060) An Act to vacate the forfeiture or revocation of the charter of Rhode Island Racing Pigeon Club, Inc.
Received and ordered to be placed on the Consent Calendar.
(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.
Received and ordered to be placed on the Consent Calendar.
(02-S 2211) An Act relating to elections - voting districts and officials.
Received and ordered to be placed on the Consent Calendar.
(02-S 2297) An Act relating to veterans' tax exemption - Exeter.
Received and ordered to be placed on the Consent Calendar.
(02-S 2829) An Act relating to property tax relief in the town of Jamestown.
Received and ordered to be placed on the Consent Calendar.
(02-S 2831) An Act relating to taxation - new construction - Foster.
Received and ordered to be placed on the Consent Calendar.
(02-S 2833) An Act relating to taxation - property subject to taxation.
Received and ordered to be placed on the Consent Calendar.
(02-S 2836) An Act relating to taxation - property subject to taxation.
Received and ordered to be placed on the Consent Calendar.
(02-S 2848) An Act relating to primary elections - city of East Providence.
Received and ordered to be placed on the Consent Calendar.
(02-S 2852) An Act relating to validating and ratifying certain amendments to home rule charter of the city of Newport.
Received and ordered to be placed on the Consent Calendar.
(02-S 2912) An Act reinstating and restoring forfeited or revoked corporate charters.
Received and ordered to be placed on the Consent Calendar.
(02-S 2940) An Act to vacate the forfeiture or revocation of the charter of Naturally Beautiful Nails, Inc.
Received and ordered to be placed on the Consent Calendar.
COMMITTEE ON JUDICIARY
Representative Flaherty, for the Committee on Judiciary, reports back the following measure, with recommendation of passage:
(02-H 8024 as amended) An Act relating to criminal procedure - indictments, informations and complaints.
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 measure, with recommendation of passage:
(02-S 2093 as amended) An Act relating to military affairs and defense.
Received and ordered to be placed on the Calendar.
COMMUNICATION FROM THE SENATE
A message from the Honorable Senate transmits with announcement of passage, of the following measures:
(02-S 2375) An Act relating to financial institutions - licensed activities.
Read and referred to the Committee on Corporations.
(02-S 2386) An Act relating to the Rhode Island Uniform Securities Act.
Read and referred to the Committee on Corporations.
(02-S 2342) An Act relating to towns and cities - zoning ordinances.
Read and referred to the Committee on Corporations.
NEW BUSINESS
Representatives Garvey, Lally, Caprio and Shanley introduce (02-H 8108) An Act relating to waters and navigation - personal watercraft safety act.
Read and referred to the Committee on Corporations.
Representatives Shanley, Caprio, Garvey and Lally introduce (02-H 8109) An Act authorizing the town of South Kingstown to finance the acquisition of land for open space, recreation and agricultural purposes and to issue not more than $1,300,000 bonds therefor.
Read and referred to the Committee on Corporations.
Representatives Shanley, Caprio, Garvey and Lally introduce (02-H 8110) An Act authorizing the town of South Kingstown to finance school facilities capital improvement projects and to issue not more than $2,000,000 bonds therefor.
Read and referred to the Committee on Corporations.
Representatives Shanley, Caprio, Garvey and Lally introduce (02-H 8111) An Act authorizing the town of South Kingstown to finance the development and construction of multiuse playfields, bikeways and park facilities on property located off Broad Rock Road and to issue not more than $925,000 bonds therefor.
Read and referred to the Committee on Corporations.
Representative Garvey, Speaker Harwood, Representatives Coderre, Kilmartin, Shanley and San Bento introduce (02-H 8112) House Resolution celebrating the life and honoring the memory of Richard B. Kiley.
Representative Garvey and the Honorable Speaker Harwood request unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Garvey, seconded by the entire House of Representatives, and by unanimous consent, on a voice vote.
Representatives Shanley, Caprio and Lally introduce (02-H 8113) House Resolution congratulating Benjamin S. Hutchinson on attaining the rank of Eagle Scout.
Representative Shanley requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Shanley, seconded by the entire House of Representatives, and by unanimous consent, on a voice vote.
Representatives Long and Callahan introduce (02-H 8114) House Resolution honoring the Women's Newport League, Inc. for over 100 years of community service.
Representative Long requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Long, seconded by the entire House of Representatives, and by unanimous consent, on a voice vote.
Representatives Iwuc, Reilly, Munschy, Menard and Smith introduce (02-H 8115) House Resolution congratulating Brendan K. Shorter on attaining the rank of Eagle Scout.
Representative Iwuc requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Iwuc, seconded by the entire House of Representatives, and by unanimous consent, on a voice vote.
Representatives Caprio, Shanley and Lally introduce (02-H 8116) House Resolution congratulating Nicolas Andre Bossy on attaining the rank of Eagle Scout.
Representative Caprio requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Caprio, seconded by the entire House of Representatives, and by unanimous consent, on a voice vote.
NOTICE OF BILL/RESOLUTION
INTRODUCTION
Representative Scott gives notice that on the next legislative day, he will introduce a measure concerning invasion of privacy.
This notice is given in compliance with House Rule 42.
JOSEPH H. SCOTT
Representative, District 52
Received and ordered to be placed on file.
NOW PRESIDING
At 4:14 o'clock P.M., the Honorable Speaker yields the rostrum to the Honorable Deputy Speaker Winfield.
CALENDAR
From the Calendar is taken:
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.
Read, and by unanimous consent ordered to be placed on the Calendar for Wednesday, May 15, 2002.
GUESTS
Representative Cerra welcomes to the House Chambers as guests the Johnston High School Academic Decathlon Team and congratulates them on achieving first place in the statewide Super Quiz and second place in the 2002 Rhode Island State Academic Decathlon. The Honorable Deputy Speaker presents them with citations as follows: Erika Asselin, Lauren Burr, Toni-Marie Ferruccio, Alyssa Gurka, Joe Micheli, Eric Rossoni, Craig Weeks, Peter Weinberg and Huiging Wu; and Representative Cerra also commends the efforts and dedication of Teachers/ Academic Coaches Greg Russo and Jean Picano for their outstanding commitment to educating our youth.
Also:
Representative Hogan welcomes to the House chambers as guests the Johnston High School "Lady Panthers" and congratulates them on achieving the 2002 Rhode Island Interscholastic League Division II Girls' State Championship and also being the Division II Central Champions. Representative Hogan respectfully honors and congratulates Jessica Saccoccio, Megan Jaswell, Chelsea Marandola, Kristen Izzo, Kara Seripiglia, Carolanne Comella, Lisa Greenhalgh, April Maccarone, Christina DeLuca, Amanda Cipriano, Christina Hebert, Apryl Pagliaro, Erica Cipriano, Jana Hinken, Kayla Smith and Krista Clayton, and Representative Hogan also commends the outstanding dedication and efforts of Head Coach Dan Mazzula, Jr., Assistant Coaches Bob Comella, Chris Corsinetti, Athletic Directors Edward DeSimone and Robert Smith for their commitment to our youth and promoting sportsmanship and pride in our community.
Also:
Representative Lanzi congratulates Representative S. Anderson on receiving three awards from the National Education Association (the President's Award, the Teachers-Teacher Award and a Scholarship awarded after him).
TRANSMITTAL
By unanimous consent, all matters on the Clerk's desk are ordered to be transmitted to His Excellency, the Governor, to the Honorable Secretary of State, and to the Honorable Senate forthwith.
ADJOURNMENT
At 4:23 o'clock P.M. on motion of Representative Carter, and as a further mark of respect to the memory of all those who served with the Allied Forces in the European Theater (in honor of V-E Day), seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.
LINDA McELROY
Recording Clerk
Appendix
INVOCATION
REPRESENTATIVE JOSEPH M. McNAMARA
Dear Lord, we give You thanks for the privilege of serving in this House and in this General Assembly. Help us to do our work here and make the decisions we are called upon to make in a manner worthy of this privilege we enjoy. Amen.
Appendix
CONSENT CALENDAR
In order for Wednesday, May 15, 2002:
1. (02-H7848) 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 a land trust".
Committee on Corporations recommends passage.
2. (02-H7916) An Act relating to animals and animal husbandry - dogs.
Committee on Corporations recommends passage.
3. (02-H7961) An Act exempting from taxation the real, mixed and personal property of the Greater Westerly-Pawcatuck Area Chamber of Commerce.
Committee on Corporations recommends passage.
4. (02-H8025) An Act relating to the city of Pawtucket - abandoned motor vehicles.
Committee on Corporations recommends passage.
5. (02-H8060) An Act to vacate the forfeiture or revocation of the charter of Rhode Island Racing Pigeon Club, Inc.
Committee on Corporations recommends passage.
6. (02-H7861) An Act increasing the holdings and changing the name of the Boys & Girls Clubs of Pawtucket.
Committee on Corporations recommends passage.
7. (02-S2131) 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.
Committee on Corporations recommends passage in concurrence.
8. (02-S2211) An Act relating to elections - voting districts and officials.
Committee on Corporations recommends passage in concurrence.
9. (02-S2297) An Act relating to veterans' tax exemption - Exeter.
Committee on Corporations recommends passage in concurrence.
10. (02-S2829) An Act relating to property tax relief in the town of Jamestown.
Committee on Corporations recommends passage in concurrence.
11. (02-S2831) An Act relating to taxation - new construction - Foster.
Committee on Corporations recommends passage in concurrence.
12. (02-S2833) An Act relating to taxation - property subject to taxation.
Committee on Corporations recommends passage in concurrence.
13. (02-S2836) An Act relating to taxation - property subject to taxation.
Committee on Corporations recommends passage in concurrence.
14. (02-S2848) An Act relating to primary elections - city of East Providence.
Committee on Corporations recommends passage in concurrence.
15. (02-S2852) An Act relating to validating and ratifying certain amendments to home rule charter of the city of Newport.
Committee on Corporations recommends passage in concurrence.
16. (02-S2912) An Act reinstating and restoring forfeited or revoked corporate charters.
Committee on Corporations recommends passage in concurrence.
17. (02-S2940) An Act to vacate the forfeiture or revocation of the charter of Naturally Beautiful Nails, Inc.
Committee on Corporations recommends passage in concurrence.
LOUIS D'ANTUONO
Clerk of the House
Wednesday, May 8, 2002
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-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.
2. (02-H6806) An Act relating to mutual aid agreements.
Committee on Corporations recommends passage.
3. (02-H7704 as amended) An Act relating to towns and cities - emergency police power.
Committee on Corporations recommends passage as amended.
4. (02-S2093 as amended) An Act relating to military affairs and defense.
Committee on Special Legislation recommends passage as amended in concurrence.
5. (02-H8024 as amended) An Act relating to criminal procedure - indictments, informations and complaints.
Committee on Judiciary 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
Wednesday, May 8, 2002
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