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. 47 |
Thursday, May 9, 2002 |
Forty-seventh Day |
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.
The House of Representatives meets at the State House in Providence, Thursday, May 9, 2002, and is called to order at 4:10 o'clock P.M., by the Honorable John B. Harwood, Speaker.
The roll is called and a quorum is declared present with 89 members present and 11 members absent as follows:
PRESENT - 89: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, T., Callahan, Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Flaherty, Fox, Gallison, Garvey, George, Giannini, Gorham, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Sherlock, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Wasylyk, Watson, Williams, Williamson, Winfield.
ABSENT - 11: Representatives Brien, S., Cambio, Faria, Fleury, Ginaitt, Pires, Pisaturo, Quick, Rabideau, Shavers, Voccola.
INVOCATION
The Honorable Speaker presents Representative Maher, 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 Wednesday, May 8, 2002, is approved as printed.
GUESTS
At 4:11 o'clock P.M. the Honorable Speaker yields the rostrum to Representative Kilmartin.
By unanimous consent, Representative Kilmartin addresses the members of the House and extends sincerest condolences on the passing of Father Guillermo Corrales. Representative Kilmartin presents Fathers Corrales' family - his brother Fernando of Central Falls, his sister Aracely of Pawtucket and his sister Sonya of Center Falls with a Proclamation.
By unanimous consent, Fernando and Aracely address the members of the House.
Representative Kilmartin returns to the rostrum and reads a poem written by his niece Kelly Kilmartin.
(For Poem, see Appendix.)
At 4:26 o'clock P.M. the Honorable Speaker returns to the rostrum.
Representative Dennigan announces this week is National Nurses Week and welcomes to the House Chambers as guests Patricia Beezer, President, RISNA, Pamela McCue, Exexutive
Director, RISNA, representing Rhode Island State Nurses Association, and Patricia Bose, President, RIAOHN, Joseph Shea, Lobbyist, RIAOHN, representing Rhode Island Association of Occupational Health Nurses, Inc.
REPORTS OF COMMITTEES
TRANSFER OF BILLS
Representative Kennedy, for the Committee on Corporations, reports back the following measures, with recommendation of transfer to the Committee on Finance:
(02-S 2774) An Act relating to fire safety.
Received and referred to the Committee on Finance.
(02-S 2325) An Act relating to state affairs and government - tourism and development.
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 6609) An Act relating to public utilities and carriers - duties of utilities and carriers.
Received and ordered to be placed on the Calendar.
(02-H 6915) An Act relating to insurance.
Received and ordered to be placed on the Calendar.
(02-H 7326) An Act relating to unfair sales practices.
Received and ordered to be placed on the Calendar.
(02-H 6916) An Act relating to towns and cities.
Received and ordered to be placed on the Consent Calendar.
(02-S 2024) An Act relating to taxation - levy and assessment of local taxes.
Received and ordered to be placed on the Consent Calendar.
(02-S 2072) An Act relating to towns and cities - zoning ordinances.
Received and ordered to be placed on the Consent Calendar.
(02-S 2078) An Act relating to towns and cities - housing commissions.
Received and ordered to be placed on the Consent Calendar.
(02-S 2079) An Act relating to towns and cities.
Received and ordered to be placed on the Consent Calendar.
(02-S 2555) (Substitute ``A'') An Act relating to levy and assessment of local taxes.
Received and ordered to be placed on the Consent Calendar.
(02-S 2843) An Act amending Chapter 268 of the 1986 Public Laws, entitled ``An Act relating to the preservation of farm land and open space in the town of New Shoreham and establishing a land trust''.
Received and ordered to be placed on the Consent Calendar.
(02-S 2919) 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.
Received and ordered to be placed on the Consent Calendar.
(02-S 2920) 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.
Received and ordered to be placed on the Consent Calendar.
COMMITTEE ON FINANCE
Representative Fox, for the Committee on Finance, reports back the following measures, with recommendation of passage:
(02-H 6875) An Act relating to education - private schools.
Received and ordered to be placed on the Calendar.
(02-H 8051) (Substitute ``A'') An Act relating to taxation - situs and ownership of taxable property.
Received and ordered to be placed on the Calendar.
(02-H 7725) (Substitute ``A'') An Act relating to statutes and statutory construction.
Received and ordered to be placed on the Calendar.
NEW BUSINESS
Representatives Fox, Moura, Corvese, Montanaro and Giannini introduce (02-H 8117) An Act relating to public utilities and carriers - duties of utilities and carriers.
Read and referred to the Committee on Finance.
Representatives McNamara, Aiken, Trillo, Sherlock and Ginaitt introduce (02-H 8118) House Resolution respectfully requesting the Rhode Island Department of Health to conduct an environmental impact study on the effect of runway expansion at T.F. Green Airport in the city of Warwick and the surrounding communities.
Read and referred to the Committee on Health, Education and Welfare.
Representatives Gallison and Anguilla introduce (02-H 8119) House Resolution congratulating Donna Falcoa on being honored by the Bristol County Lodge #1860 of the Benevolent and Protrective Order of Elks as ``Citizen of the Year''.
Representative Gallison requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Gallsion, seconded by the entire House of Representatives, and by unanimous consent, on a voice vote.
Representatives Kilmartin, Moura, Slater and Williams introduce (02-H 8120) Joint Resolution extending sincerest condolences and expressions of sympathy on the passing of Father Guillermo Corrales.
Representative Kilmartin requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Kilmartin, seconded by the entire House of Representatives, and by unanimous consent, on a rising vote.
Representative W.H. Murphy introduces (02-H 8121) Joint Resolution celebrating Saturday, June 29, 2002 as ``Conanicut Battery Day'' in the State of Rhode Island.
Representative W.H. Murphy requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative W.H Murphy, seconded by Representative Williams, and by unanimous consent, on a voice vote.
Representatives Martineau and Watson introduce (02-H 8122) 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 Lewiss, Cicilline, Barr, Long and Fox introduce (02-H 8123) House Resolution celebrating Israel's 54th Anniversary.
Representative Lewiss requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Lewiss, seconded by the entire House of Representatives, and by unanimous consent, on a voice vote.
Representatives Henseler, Coderre, Giannini and George introduce (02-H 8124) House Resolution calling attention to overweight and obesity issues in Rhode Islanders.
Representative Henseler requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Henseler, seconded by the entire House of Representatives, and by unanimous consent, on a voice vote.
Representatives Callahan and Crowley introduce (02-H 8125) An Act relating to solemnization of marriages.
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, on a roll call vote, 79 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 79: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, T., Callahan, Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, Fox, Gallison, George, Giannini, Gorham, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Palumbo, Picard, Reilly, Rose, San Bento, Savage, Schadone, Sherlock, Simonian, Slater, Smith, Story, Sullivan, Thompson, Trillo, Vieira, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS - 0.
Representatives Sherlock, Aiken, Ginaitt, McNamara and Trillo introduce (02-H 8126) An Act authorizing the city of Warwick to issue bonds and notes in an amount not to exceed $7,500,000 for public safety projects.
Representative Sherlock requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Sherlock, seconded by Representative McNamara, on a roll call vote, 82 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 82: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, T., Callahan, Caprio, Carroll, Carter, Cerra, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, Flaherty, Fox, Gallison, Garvey, George, Giannini, Gorham, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Palumbo, Picard, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Sherlock, Simonian, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS - 0.
NOTICE OF BILL/RESOLUTION INTRODUCTION
Representative Costantino gives notice that on the next legislative day, he will introduce a measure relating to education - residence of children.
This notice is given in compliance with House Rule 42.
STEVEN M. COSTANTINO
Representative, District 14
Received and ordered to be placed on file.
CALENDAR
From the Calendar are taken:
1. (02-H7718) An Act relating to labor and labor relations - minimum wages.
Committee on Labor recommends passage.
Read, and by unanimous consent ordered to be placed on the Calendar for Thursday, May 23, 2002.
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''.
Representative Kennedy moves passage of the act, seconded by Representatives Reilly.
The bill marked Substitute ``A'' is read and passed, and the original bill indefinitely postponed, on a roll call vote, 81 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 81: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, T., Callahan, Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, Fox, Gallison, Garvey, George, Giannini, Gorham, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Palumbo, Picard, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Sherlock, Simonian, Slater, Smith, Story, Tejada, Thompson, Trillo, Vieira, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS - 0.
3. (02-H7676) An Act relating to public property and works - state purchases.
Committee on Labor recommends passage.
Read, and by unanimous consent ordered to be placed on the Calendar for Tuesday, May 14, 2002.
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 4:40 o'clock P.M. on motion of Representative Caprio, and as a further mark of respect to the memory of Hope Tracey, seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.
LINDA McELROY
Recording Clerk
Appendix
INVOCATION
REPRESENTATIVE JOHN H. MAHER
Lord, may it be Thy will, not our own, which governs our deliberations this day. Amen.
Appendix
PEACE
by KELLY KILMARTIN
This world is a crazy place,
Hate, crime, pain and sorrow...
It is time to try for world peace,
So we can see the better tomorrow.
Start spreading the joy we're meant to have,
As though it were always there...
And let there be peace on Earth,
The peace that we'll always share.
Look at the beauty in everything,
Share some laughter and smiles,
And if we try hard enough,
Our happiness will spread for miles.
We can see a brighter future,
Through our pain and tears,
If we search for harmony everywhere...
We can relieve our fears.
So put yourself forward,
And stand up against violence,
And through gunshots and shrieks,
We can uncover peaceful silence.
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.
Appendix
CONSENT CALENDAR
In order for Thursday, May 16, 2002:
1. (02-H6916) An Act relating to towns and cities.
Committee on Corporations recommends passage.
2. (02-S2024) An Act relating to taxation - levy and assessment of local taxes.
Committee on Corporations recommends passage in concurrence.
3. (02-S2072) An Act relating to towns and cities - zoning ordinances.
Committee on Corporations recommends passage in concurrence.
4. (02-S2078) An Act relating to towns and cities - housing commissions.
Committee on Corporations recommends passage in concurrence.
5. (02-S2079) An Act relating to towns and cities.
Committee on Corporations recommends passage in concurrence.
6. (02-S2555) (Substitute ``A'') An Act relating to levy and assessment of local taxes.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute ``A'' in concurrence.
7. (02-S2843) 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 in concurrence.
8. (02-S2919) 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.
Committee on Corporations recommends passage in concurrence.
9. (02-S2920) 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.
Committee on Corporations recommends passage in concurrence.
LOUIS D'ANTUONO
Clerk of the House
Thursday, May 9, 2002
Appendix
CALENDAR
In order for Tuesday, May 14, 2002:
1. (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 Thursday, May 16, 2002:
1. (02-H6609) An Act relating to public utilities and carriers - duties of utilities and carriers.
Committee on Corporations recommends passage.
2. (02-H6915) An Act relating to insurance.
Committee on Corporations recommends passage.
3. (02-H7326) An Act relating to unfair sales practices.
Committee on Corporations recommends passage.
4. (02-H6875) An Act relating to education - private schools.
Committee on Finance recommends passage.
5. (02-H8051) (Substitute ``A'') An Act relating to taxation - situs and ownership of taxable property.
Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute ``A''.
6. (02-H7725) (Substitute ``A'') An Act relating to statutes and statutory construction.
Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute ``A''.
Appendix
CALENDAR
In order for Tuesday, May 21, 2002:
1. (02-H7150) An Act relating to labor relations act.
Committee on Labor recommends passage.
Appendix
CALENDAR
In order for Thursday, May 23, 2002:
1. (02-H7718) An Act relating to labor and labor relations - minimum wages.
Committee on Labor recommends passage.
LOUIS D'ANTUONO
Clerk of the House
Thursday, May 9, 2002
As always, your comments concerning this page are welcomed and appreciated.
Thank you for stopping by!
