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.
| Volume129, No.58 |
Wednesday, June 12, 2002 |
Fifty-eighth Day |
The House of Representatives meets at the State House in Providence, Wednesday, June 12, 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 97 members present and 3 members absent as follows:
PRESENT - 97: 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, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Quick, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Simonian, Slater, Smith, Story, Sullivan, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.
ABSENT - 3: Representatives Montanaro, Scott, Tejada.
INVOCATION
The Honorable Speaker presents Representative Cambio, 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, June 4, 2002 is hereby corrected on page 4, column 2, line 3 by deleting "4:20" and inserting "4:28", and on page 5, column 2, line 30 by deleting "4:50" and inserting "5:50" therefor.
APPROVAL OF RECORD
By unanimous consent, the House Journal of Tuesday, June 4, 2002 is approved as corrected.
ANNOUNCEMENT
Representative Frank Montanaro will be unable to attend session today because he is ill.
GUESTS
Representative Moura welcomes to the House Chambers as a guest, Anna Sousa.
Also:
Representative Bierman welcomes to the House Chambers as guests, his parents Daniel P. Bierman, Sr., and Joan A. Bierman.
ANNOUNCEMENT
Representative Mumford wishes Frank Browne a very Happy "87th" Birthday.
EFFECTIVE WITHOUT SIGNATURE OF
THE GOVERNOR
The Honorable Speaker announces receipt by the Secretary of State of the following measure, effective without signature of His Excellency, the Governor:
(02-H 7845) (Substitute "A") An Act relating to taxation - property tax exemption for persons over 65 - East Greenwich, effective June 7, 2002.
(02-H 7149) (Substitute "A" as amended) An Act relating to labor and labor relations - genetic testing as a condition of employment, effective June 7, 2002.
(02-H 6909) (Substitute "A") An Act relating to whistleblowers' protection, effective June 7, 2002.
(02-H 7867) (Substitute "A") An Act relating to New Shoreham - affordable housing board, effective June 7, 2002.
(02-H 7018 as amended) An Act relating to towns and cities, effective June 7, 2002.
EDWARD S.INMAN, III
Secretary of State
Received and ordered to be placed on file.
NEW BUSINESS
Representatives Voccola and Cerra introduce (02-H 8255) House Resolution honoring John M. Voccola for his generous community service and donation to the town of Johnston.
Representative Voccola requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Voccola, seconded by the entire House of Representatives, and by unanimous consent, on a voice vote.
Representatives Gallison, Anguilla and Coelho introduce (02-H 8256) House Resolution extending sympathy on the passing of the Honorable Thomas H. Byrnes, Jr.
Representative Gallison requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Gallison, seconded by the entire House of Representatives, and by unanimous consent, on a rising vote.
Representative Fox introduces (02-H 8257) An Act relating to appropriation for the support of the state for the fiscal year ending June 30, 2003.
Representative Fox requests unanimous consent for immediate consideration.
There is no objection.
Representatives Watson and Fox discuss the act.
Read and passed, on motion of Representative Fox, seconded by Majority Leader Martineau, on a roll call vote, 78 members voting in the affirmative and 10 members voting in the negative as follows:
YEAS - 78: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Almeida, S. Anderson, Anguilla, Barr, Benson, Brien, S., Brien, T., Cambio, Carter, Cerra, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, DeSimone, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palumbo, Picard, Pisaturo, Rabideau, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Sullivan, Thompson, Trillo, Vieira, Voccola, Wasylyk, Williams, Williamson, Winfield.
NAYS - 10: Representatives Amaral, Bierman, Callahan, Caprio, Gorham, Long, Pires, Reilly, Story, Watson.
Representative Abdullah-Odiase requests the journal to reflect that she voted incorrectly on the act. She should have voted in the negative.
There is no objection.
TRANSMITTAL
By unanimous consent, all matters on the Clerk's desk are ordered to be transmitted to the Honorable Senate forthwith.
COMMUNICATION FROM THE GOVERNOR
The Honorable Speaker announces the receipt of the following act from His Excellency the Governor, with his disapproval recorded thereon:
(02-H 7732) (Substitute "A" as amended) An Act making appropriations for the support of the state for the fiscal year ending June 30, 2003.
The veto message is ordered to be placed on file.
(For veto message, see Appendix, this Journal.)
Majority Leader Martineau requests unanimous consent for immediate consideration to override the Governor's veto, seconded by Representative Fox.
There is no objection.
Majority Leader Martineau moves passage of the act, notwithstanding the veto of His Excellency, the Governor, seconded by Representative Fox.
Representatives Watson, Rabideau, Abdullah-Odiase, Moura, Crowley and Gorham discuss the motion.
Majority Leader Martineau rises on a point of order for Representative Gorham to speak germane to the merits of overriding the veto.
The Chair rules that we are here only to decide whether or not to override a veto, and in fact the bills back from the Governor cannot be amended, so we are here only on the narrow question of the override.
Representatives Levesque, Fox and Abdullah-Odiase discuss the act.
The motion to override the veto of His Excellency the Governor prevails, needing a 3/5 vote to override, on a roll call vote, 73 members voting in the affirmative and 23 members voting in the negative as follows:
YEAS - 73: The Honorable Speaker Harwood and Representatives Aiken, Almeida, Anderson, S., Anguilla, Barr, Benson, Brien, S., Brien, T., Cambio, Carter, Cerra, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, DeSimone, Faria, Flaherty, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Guthrie, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Moran, Moura, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palumbo, Picard, Pisaturo, Rose, San Bento, Schadone, Shanley, Shavers, Sherlock, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Williams, Williamson, Winfield.
NAYS - 23: Representatives Abdullah-Odiase, Ajello, Amaral, Anderson, M., Bierman, Callahan, Caprio, Carroll, Cicilline, Dennigan, Fleury, Gorham, Hetherington, Long, Mumford, Palangio, Pires, Rabideau, Reilly, Savage, Story, Trillo, Watson.
TRANSMITTAL
By unanimous consent, (02-H 7322) (Substitute "A" as amended) on the Clerk's desk is ordered to be transmitted to the Honorable Senate forthwith.
COMMUNICATIONS FROM THE GOVERNOR
The Honorable Speaker announces the receipt of the following acts from His Excellency the Governor, with his disapproval recorded thereon:
(02-H 8207) An Act relating to parking surcharges in the Warwick Airport Parking District.
The veto message is ordered to be placed on file.
(For veto message, see Appendix, this Journal.)
Representative Sherlock requests unanimous consent for immediate consideration to override the Governor's veto, seconded by Representatives McNamara, Trillo, Ginaitt, W.J. Murphy, Flaherty and Aiken.
There is no objection.
Representative Sherlock moves passage of the act, notwithstanding the veto of His Excellency, the Governor, seconded by Representatives McNamara, Trillo, Ginaitt, W.J. Murphy, Flaherty and Aiken.
Representatives Watson, Sherlock and Trillo discuss the motion.
Representative Savage rises to speak on points of order.
The motion to override the veto of His Excellency the Governor prevails, needing a 3/5 vote to override, on a roll call vote, 88 members voting in the affirmative and 8 members voting in the negative as follows:
YEAS - 88: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Cambio, Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Moran, Moura, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Rabideau, Reilly, Rose, San Bento, Schadone, Shanley, Shavers, Sherlock, Simonian, Slater, Smith, Sullivan, Thompson, Trillo, Vieira, Voccola, Wasylyk, Williams, Williamson, Winfield.
NAYS - 8: Representatives Amaral, Callahan, Gorham, Long, Mumford, Savage, Story, Watson.
Also:
(02-H 8179) (Substitute "A") An Act relating to the Convention Center Authority.
The veto message is ordered to be placed on file.
(For veto message, see Appendix, this Journal.)
Majority Leader Martineau requests unanimous consent for immediate consideration to override the Governor's veto, seconded by Representative Moura.
There is no objection.
Majority Leader Martineau moves passage of the act, notwithstanding the veto of His Excellency, the Governor, seconded by Representative Moura.
Representative Cicilline offers an amendment, seconded by Representative Watson.
There is objection.
Representatives Cicilline, Moura, Gorham and Levesque discuss the motion.
Representatives Kilmartin, Rabideau, Flaherty, Henseler and Menard rise on several points of order for the above Representatives to speak germane to the motion.
The Honorable Speaker rules all Representatives to speak germane to the motion.
The motion to override the veto of His Excellency the Governor prevails, needing a 3/5 vote to override, on a roll call vote, 74 members voting in the affirmative and 21 members voting in the negative as follows:
YEAS - 74: The Honorable Speaker Harwood and Representatives Aiken, Almeida, Anderson, S., Anguilla, Barr, Brien, S., Brien, T., Cambio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Flaherty, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Guthrie, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Moran, Moura, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Pisaturo, Rose, San Bento, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Sullivan, Thompson, Trillo, Voccola, Wasylyk, Williams, Williamson, Winfield.
NAYS - 21: Representatives Abdullah-Odiase, Ajello, Amaral, Anderson, M., Bierman, Callahan, Caprio, Fleury, Gorham, Hetherington, Long, Mumford, Picard, Pires, Rabideau, Reilly, Savage, Simonian, Story, Vieira, Watson.
PERSONAL PRIVILEGE
By unanimous consent, Representative Moura addresses the members of the House on a point of personal privilege.
POINT OF ORDER
Representative Watson rises on a point of order that Representative Moura is out of line.
The Honorable Speaker rules for Representative Moura to refrain from his line of speaking.
TRANSMITTAL
By unanimous consent, all matters on the Clerk's desk are ordered to be transmitted to the Honorable Senate forthwith.
COMMUNICATIONS FROM THE GOVERNOR
The Honorable Speaker announces the receipt of the following acts from His Excellency the Governor, with his disapproval recorded thereon:
(02-H 6968) (Substitute "A") An Act relating to courts and civil procedure - courts - District Court.
The veto message is ordered to be placed on file.
(For veto message, see Appendix, this Journal.)
Representative Flaherty requests unanimous consent for immediate consideration to override the Governor's veto, seconded by Majority Leader Martineau.
There is no objection.
Representative Flaherty moves passage of the act, notwithstanding the veto of His Excellency, the Governor, seconded by Majority Leader Martineau.
Representative Watson discusses the motion.
The motion to override the veto of His Excellency the Governor prevails, needing a 3/5 vote to override, on a roll call vote, 78 members voting in the affirmative and 14 members voting in the negative as follows:
YEAS - 78: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Almeida, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Brien, S., Brien, T., Cambio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Flaherty, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Moran, Moura, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palumbo, Pisaturo, Rabideau, Rose, San Bento, Schadone, Shanley, Sherlock, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Williams, Williamson, Winfield.
NAYS - 14: Representatives Amaral, Bierman, Callahan, Caprio, Fleury, Gorham, Long, Mumford, Palangio, Reilly, Savage, Story, Trillo, Watson.
Also:
(02-H 7701) (Substitute "A") An Act relating to Public Property and Works - Public-Private Redevelopment Initiative Act.
The veto message is ordered to be placed on file.
(For veto message, see Appendix, this Journal.)
Representative Williamson requests unanimous consent for immediate consideration to override the Governor's veto, seconded by Representatives W.J. Murphy and Moura.
There is no objection.
Representative Williamson moves passage of the act, notwithstanding the veto of His Excellency, the Governor, seconded by Representatives W.J. Murphy and Moura.
The motion to override the veto of His Excellency the Governor prevails, needing a 3/5 vote to override, on a roll call vote, 76 members voting in the affirmative and 14 members voting in the negative as follows:
YEAS - 76: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Almeida, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Brien, S., Brien, T., Cambio, Carroll, Carter, Cerra, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Flaherty, Gallison, Garvey, George, Giannini, Ginaitt, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lima, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Moran, Moura, Munschy, Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Pisaturo, Reilly, Rose, San Bento, Schadone, Shavers, Sherlock, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Williams, Williamson, Winfield.
NAYS - 14: Representatives Ajello, Amaral, Bierman, Callahan, Fleury, Gorham, Long, Mumford, Murphy, W.H., Pires, Rabideau, Savage, Story, Watson.
TRANSMITTAL
By unanimous consent, all matters on the Clerk's desk are ordered to be transmitted to the Honorable Senate forthwith.
COMMUNICATION FROM THE SENATE
A message from the Honorable Senate transmits with announcement of passage, of the following measures:
(02-S 3094) An Act to vacate the forfeiture or revocation of the charter of West Bay Village Condominium Association, Inc.
Representative Martineau requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, in concurrence, on motion of Representative Martineau, seconded by Representative Henseler, and by unanimous consent, on a roll call vote, 93 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 93: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, 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, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Malik, Martineau, McCauley, McNamara, Menard, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Simonian, Slater, Smith, Story, Sullivan, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS - 0.
(02-H 7269) (Substitute "A") An Act relating to state affairs and government.
Representative Kennedy requests unanimous consent for immediate consideration.
There is no objection.
Representatives Fleury, Kennedy and Gorham discuss the act.
Read and passed, in concurrence, on motion of Representative Kennedy, seconded by Representatives Naughton, Crowley, Ginaitt, Benson, Coelho, Gallison and Lewiss, on a roll call vote, 88 members voting in the affirmative and 3 members voting in the negative as follows:
YEAS - 88: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Callahan, Cambio, Caprio, Carter, Cerra, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Flaherty, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palumbo, Picard, Pires, Pisaturo, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Sullivan, Thompson, Trillo, Vieira, Voccola, Wasylyk, Williams, Williamson, Winfield.
NAYS - 3: Representatives Fleury, Levesque, Watson.
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.
AFFIDAVIT
I, Charles J. Levesque, State
Representative, District 93, hereby under oath, depose and say:
1. I expect to be called upon, in my capacity as State
Representative, to participate in the consideration of, and vote upon: (02-S 2937) (Substitute "A" as amended).
2. I have the following interest in the matter listed under paragraph 1, above:
I am a bail commissioner.
3. In compliance with Section 36-14-6(1) & (2)A of the General Laws, I hereby request the Speaker of the House
of Representatives to excuse me from voting on or participating in the consideration of the matter described in paragraph 1, above.
CHARLES J. LEVESQUE
Representative District 93
State of Rhode Island
County of Providence
Subscribed and sworn to before me this 12th day of June, A.D. 2002.
MARY ANN F. CARROLL
Notary Public
Representative Levesque is excused from voting on or participating in the consideration of the matter described in paragraph 1, above.
JOHN B. HARWOOD
Speaker of the House
of Representatives
AFFIDAVIT
I, Joseph H. Scott, State
Representative, District 52, hereby under oath, depose and say:
1. I expect to be called upon, in my capacity as State
Representative, to participate in the consideration of, and vote upon: (02-S 2937) (Substitute "A" as amended).
2. I have the following interest in the matter listed under paragraph 1, above:
I am a Justice of the Peace and this bill increases the fees for Justices of the Peace.
3. In compliance with Section 36-14-6(1) & (2)A of the General Laws, I hereby request the Speaker of the House
of Representatives to excuse me from voting on or participating in the consideration of the matter described in paragraph 1, above.
JOSEPH H. SCOTT
Representative District 52
State of Rhode Island
County of Providence
Subscribed and sworn to before me this 4th day of June, A.D. 2002.
DAVID W. DUMAS
Notary Public
Representative Scott is excused from voting on or participating in the consideration of the matter described in paragraph 1, above.
JOHN B. HARWOOD
Speaker of the House
of Representatives
REPORT OF COMMITTEE
COMMITTEE ON JUDICIARY
Representative Flaherty, for the Committee on Judiciary, reports back the following measure, with recommendation of passage:
(02-S 2937) (Substitute "A" as amended) An Act relating to criminal procedure.
Representative Flaherty requests unanimous consent for immediate consideration.
Representatives S. Anderson, George and Gorham discuss the act.
Read and passed, in concurrence, on motion of Representative George, seconded by Representatives Gallison, Lewiss, Giannini, Naughton, Carter, Lima, Cicilline, Guthrie, Coderre, Barr, Knickle, Williamson, Aiken and W.H. Murphy and by unanimous consent, on a roll call vote, 91 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 91: 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, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palumbo, Picard, Pires, Pisaturo, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Smith, Story, Sullivan, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS - 0.
COMMUNICATION FROM THE SENATE
A message from the Honorable Senate transmits with announcement of passage, of the following measure:
(00-H 6924) (Substitute "A") An Act relating to miscellaneous rules.
Representative Kilmartin requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, in concurrence, on motion of Representative Kilmartin, seconded by Representative Moura, on a roll call vote, 83 members voting in the affirmative and 4 members voting in the negative as follows:
YEAS - 83: The Honorable Speaker Harwood and Representatives Ajello, Almeida, Anderson, M., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Callahan, Cambio, Caprio, Carroll, Carter, Cerra, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, DeSimone, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palumbo, Picard, Pires, Pisaturo, Rabideau, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Slater, Smith, Story, Sullivan, Thompson, Trillo, Vieira, Voccola, Wasylyk, Williams, Williamson.
NAYS - 4: Representatives Abdullah-Odiase, Amaral, Reilly, Watson.
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.
NOW PRESIDING
At 5:47 o'clock P.M., the Honorable Speaker yields the rostrum to the Honorable Deputy Speaker Winfield.
COMMUNICATION FROM THE SENATE
A message from the Honorable Senate transmits with announcement of passage, of the following measures:
(02-S 2740) (Substitute "B") An Act relating to public property and works - Public-Private Redevelopment Initiative Act.
Majority Leader Martineau requests unanimous consent for immediate consideration to override the Governor's veto, seconded by Representative Fox.
There is no objection.
The motion to override the veto of His Excellency the Governor prevails, in concurrence, needing a 3/5 vote to override, on a roll call vote, 65 members voting in the affirmative and 13 members voting in the negative as follows:
YEAS - 65: Representatives Aiken, Almeida, Anderson, M., Anderson, S., Barr, Benson, Brien, T., Cambio, Carroll, Cerra, Coderre, Coelho, Coogan, Corvese, Costantino, Dennigan, DeSimone, Gallison, Garvey, George, Giannini, Ginaitt, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Moran, Moura, Munschy, Murphy, W.H., Murphy, W.J., Palumbo, Picard, Rose, San Bento, Schadone, Shanley, Shavers, Sherlock, Slater, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Williams, Williamson, Winfield.
NAYS - 13: Representatives Ajello, Amaral, Bierman, Callahan, Fleury, Gorham, Long, Mumford, Rabideau, Reilly, Savage, Trillo, Watson.
Passage in concurrence, notwithstanding the Governor's veto.
(02-S 2383) (Substitute "A") An Act relating to the District Court.
Majority Leader Martineau requests unanimous consent for immediate consideration to override the Governor's veto, seconded by Representatives Flaherty and Williamson.
There is no objection.
Majority Leader Martineau moves passage of the act, notwithstanding the veto of His Excellency, the Governor, seconded by Representatives Flaherty and Williamson.
The motion to override the veto of His Excellency the Governor prevails, in concurrence, needing a 3/5 vote to override, on a roll call vote, 74 members voting in the affirmative and 13 members voting in the negative as follows:
YEAS - 74: Representatives Aiken, Ajello, Almeida, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Brien, S., Brien, T., Cambio, Carroll, Carter, Cerra, Coderre, Coelho, Coogan, Corvese, Costantino, Dennigan, DeSimone, Faria, Fox, Gallison, Garvey, George, Giannini, Gorham, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Moran, Moura, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palumbo, Picard, Rabideau, Rose, San Bento, Schadone, Shanley, Shavers, Sherlock, Slater, Sullivan, Thompson, Trillo, Vieira, Voccola, Wasylyk, Williams, Williamson, Winfield.
NAYS - 13: Representatives Abdullah-Odiase, Amaral, Bierman, Callahan, Caprio, Fleury, Long, Mumford, Pires, Quick, Reilly, Savage, Watson.
Passage in concurrence, notwithstanding the Governor's veto.
Representative Gorham requests the journal to reflect that he voted incorrectly on the act. He should have voted in the negative.
There is no objection.
NOW PRESIDING
At 5:52 o'clock P.M., the Honorable Deputy Speaker yields the rostrum to the Honorable Speaker.
COMMUNICATION FROM THE SENATE
A message from the Honorable Senate transmits with announcement of passage, of the following measures:
(02-S 2522 as amended) An Act relating to taxation.
Representative Williamson requests unanimous consent for immediate consideration to override the Governor's veto, seconded by Representative W.J. Murphy.
There is no objection.
Representative Williamson moves passage of the act, notwithstanding the veto of His Excellency, the Governor, seconded by Representative W.J. Murphy.
Representatives Fleury and Williamson discuss the motion.
The motion to override the veto of His Excellency the Governor prevails, in concurrence, needing a 3/5 vote to override, on a roll call vote, 63 members voting in the affirmative and 17 members voting in the negative as follows:
YEAS - 63: Representatives Abdullah-Odiase, Aiken, Almeida, Anderson, S., Anguilla, Barr, Benson, Brien, S., Brien, T., Cambio, Caprio, Carroll, Cerra, Coderre, Coelho, Coogan, Corvese, Dennigan, DeSimone, Faria, Flaherty, Gallison, Garvey, Giannini, Ginaitt, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Knickle, Lanzi, Levesque, Maher, Malik, Martineau, McCauley, McNamara, Menard, Moran, Moura, Munschy, Murphy, W.J., Naughton, Palumbo, Picard, Reilly, San Bento, Schadone, Shavers, Sherlock, Slater, Sullivan, Thompson, Trillo, Vieira, Voccola, Wasylyk, Williams, Williamson, Winfield.
NAYS - 17: Representatives Ajello, Amaral, Anderson, M., Bierman, Callahan, Fleury, Gorham, Lally, Long, Mumford, Murphy, W.H., Quick, Rabideau, Rose, Savage, Shanley, Watson.
Passage in concurrence, notwithstanding the Governor's veto.
(02-S 3071) An Act relating to solemnization of marriages.
Majority Leader Martineau requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, in concurrence, on motion of Representative Martineau, seconded by Representative Henseler, and by unanimous consent, on a roll call vote, 85 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 85: 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, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Flaherty, Fleury, Gallison, Garvey, Giannini, Ginaitt, Gorham, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Long, Maher, Malik, Martineau, McCauley, McNamara, Menard, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palumbo, Picard, Quick, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Sullivan, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS - 0.
(02-H 8253 as amended) An Act relating to the Tobacco Settlement Financing Corporation Act.
Representative Martineau requests unanimous consent for immediate consideration.
There is no objection.
Representatives Levesque and Watson discuss the act.
Read and passed, as amended, in concurrence, on motion of Representative Martineau, seconded by Representative Fox, on a roll call vote, 69 members voting in the affirmative and 14 members voting in the negative as follows:
YEAS - 69: The Honorable Speaker Harwood and Representatives Aiken, Almeida, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Brien, T., Cambio, Caprio, Carroll, Carter, Cerra, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, DeSimone, Faria, Flaherty, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Maher, Malik, Martineau, McCauley, McNamara, Menard, Moran, Moura, Munschy, Murphy, W.H., Naughton, Palumbo, Picard, Reilly, Rose, San Bento, Schadone, Shanley, Sherlock, Slater, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Williams, Winfield.
NAYS - 14: Representatives Abdullah-Odiase, Amaral, Bierman, Callahan, Dennigan, Fleury, Gorham, Long, Mumford, Quick, Rabideau, Savage, Trillo, Watson.
Representative Kilmartin requests the journal to reflect that if he had voted on the act, he would have voted in the affirmative.
There is no objection.
(02-H 7786) (Substitute "B" as amended) An Act relating to public utilities and carriers.
Representative Kennedy requests unanimous consent for immediate consideration.
There is no objection.
The bill marked Substitute "B" is read and passed, as amended, in concurrence, and the original bill and the bill marked Substitute "A" indefinitely postponed, on motion of Representative Kennedy, seconded by Representative Fox, on a roll call vote, 70 members voting in the affirmative and 9 members voting in the negative as follows:
YEAS - 70: The Honorable Speaker Harwood and Representatives Aiken, Almeida, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Brien, S., Brien, T., Cerra, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Flaherty, Gallison, Garvey, George, Giannini, Ginaitt, Guthrie, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Lewiss, Lima, Long, Maher, Malik, Martineau, McCauley, McNamara, Menard, Moran, Moura, Munschy, Murphy, W.H., Naughton, Palumbo, Picard, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Slater, Sullivan, Thompson, Trillo, Vieira, Voccola, Wasylyk, Williams, Winfield.
NAYS - 9: Representatives Abdullah-Odiase, Amaral, Bierman, Callahan, Carroll, Gorham, Levesque, Mumford, Watson.
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 6:15 o'clock P.M. on motion of Representative Gallison, and as a further mark of respect to the memory of former Representative Thomas H. Byrnes Jr.; on motion of Representative Story, and as a further mark of respect to the memory of former Representative Mary Kilmarx; on motion of Representatives San Bento and Corvese, and as a further mark of respect to the memory of Ernest A. Roberts, father-in-law of Senator Montalbano; on motion of Representative Carter, and as a further mark of respect to the memory of Hugh Gray; on motion of Representative Williamson, and as a further mark of respect to the memory of Manuel Travassos Sr.; on motion of Representatives Carter, Benson, Thompson and Lewiss, and as a further mark of respect to the memory of Anna Rose Prete; on motion of Representative M. Anderson, and as a further mark of respect to the memory of Eleanor McMahon; on motion of Representative Faria, and as a further mark of respect to the memory of Allen Pigget; seconded by Representatives Fleury and Martineau, the House adjourns, on a unanimous rising vote.
LINDA McELROY
Recording Clerk
Appendix
INVOCATION
REPRESENTATIVE BAMBILYN BREECE CAMBIO
Thank you God for Your presence here with us today and Your blessings on this Assembly today and every day. Amen.
Appendix
TRANSMITTED TO THE GOVERNOR
(02-H 6924) (Substitute "A") An Act relating to miscellaneous rules.
(02-H 7269) (Substitute "A") An Act relating to state affairs and government.
(02-H 7786) (Substitute "B" as amended) An Act relating to public utilities and carriers.
(02-H 8253 as amended) An Act relating to the Tobacco Settlement Financing Corporation Act.
(02-S 2937) (Substitute "A" as amended) An Act relating to criminal procedure.
(02-S 3094) An Act to vacate the forfeiture or revocation of the charter of West Bay Village Condominium Association, Inc.
(02-S 2015) An Act relating to the General Assembly.
(02-S 2016) An Act relating to the General Assembly.
(02-S 2017) An Act relating to the General Assembly.
(02-S 2018) An Act relating to the General Assembly.
(02-S 2019) An Act relating to the General Assembly.
(02-S 2047) (Substitute "A") An Act relating to retirement system - contributions and benefits.
(02-S 2048) (Substitute "A") An Act relating to labor and labor relations.
(02-S 2076) An Act relating to animals and animal husbandry.
(02-S 2085) (Substitute "A") An Act relating to E-911 uniform emergency telephone system division.
(02-S 2093 as amended) An Act relating to military affairs and defense.
(02-S 2097) An Act relating to search warrants.
(02-S 2108) (Substitute "A") An Act relating to education - compulsory attendance.
(02-S 2112) An Act relating to insurance - active duty military auto insurance.
(02-S 2123) An Act relating to towns and cities - general powers.
(02-S 2151) (Substitute "A") An Act relating to drinking water quality standards for private wells.
(02-S 2160) An Act relating to education - private schools.
(02-S 2164) (Substitute "A") An Act relating to miscellaneous rules.
(02-S 2170) An Act relating to motor vehicles - police major emeritus.
(02-S 2174 as amended) An Act relating to accident reports.
(02-S 2191) An Act relating to motor and other vehicles.
(02-S 2227) (Substitute "A" as amended) An Act relating to taxation - property subject to taxation.
(02-S 2249) (Substitute "A") An Act relating to divorce and separation - domestic violence.
(02-S 2257) (Substitute "A" as amended) An Act relating to alcoholic beverages - retail licenses.
(02-S 2259) (Substitute "A") An Act relating to motor and other vehicles - rental vehicles.
(02-S 2267) An Act relating to employment security - appeals.
(02-S 2280) (Substitute "A") An Act relating to corrections department.
(02-S 2286) An Act relating to the uniform commercial code.
(02-S 2315) An Act relating to taxation - tax sales.
(02-S 2328) An Act relating to state affairs and government.
(02-S 2332) An Act relating to waters and navigation - Water Resources Board.
(02-S 2334) An Act relating to the fair employment practices.
(02-S 2342) An Act relating to towns and cities - zoning ordinances.
(02-S 2343) An Act relating to cities and towns.
(02-S 2362 as amended) An Act relating to waters and navigation.
(02-S 2373) (Substitute "A") An Act relating to highways - construction and maintenance of state roads.
(02-S 2374) (Substitute "A") An Act relating to corporations, associations and partnerships - corporations - general provisions - insurance.
(02-S 2375) An Act relating to financial institutions - licensed activities.
(02-S 2380) An Act relating to motor and other vehicles - motor vehicle emissions inspection program.
(02-S 2392) An Act relating to professional service corporations.
(02-S 2397) An Act relating to medical assistance - rates of payment to nursing facilities.
(02-S 2399) (Substitute "A") An Act relating to state affairs and government - outdoor lighting control.
(02-S 2416) (Substitute "A") An Act relating to waters and navigation - regulation of boats.
(02-S 2420) (Substitute "A" as amended) An Act relating to elections - Secretary of State.
(02-S 2441) An Act relating to corporations, associations and partnerships - Rhode Island uniform securities act.
(02-S 2444) (Substitute "A") An Act relating to food and drugs.
(02-S 2449) An Act relating to insurance - fire and marine liability and casualty insurance.
(02-S 2456) An Act relating to financial institutions - licensed activities.
(02-S 2461) (Substitute "A" as amended) An Act relating to towns and cities - low and moderate income housing.
(02-S 2464) An Act relating to criminal procedure - identification and apprehension of criminals.
(02-H 2465) (Substitute "A" as amended) An Act relating to health and safety.
(02-S 2468 as amended) An Act relating to education - school committees and superintendents.
(02-S 2472) An Act relating to businesses and professions - athletic trainers.
(02-S 2475) Joint Resolution extending the reporting date of the special legislative commission to study and enhanced role for probation and parole.
(02-S 2483) (Substitute "A" as amended) Joint Resolution creating a special legislative commission to study policies and programs to reduce the use of single occupant vehicles as a means of commuting to work in Rhode Island.
(02-S 2486) (Substitute "A" as amended) An Act relating to elections.
(02-S 2488) (Substitute "A") An Act relating to towns and cities - audits.
(02-S 2490) An Act relating to insurance.
(02-S 2493) (Substitute "A" as amended) An Act relating to health and safety - child product safety.
(02-S 2498) An Act relating to sexual assault.
(02-S 2516) (Substitute "A") An Act relating to the licensing of health care facilities.
(02-S 2517) (Substitute "A") An Act relating to health and safety - abuse in health care facilities.
(02-S 2527) An Act relating to taxation.
(02-S 2533) (Substitute "A") An Act relating to towns and cities - Rhode Island comprehensive planning and land use act.
(02-S 2542) (Substitute "A" as amended) An Act relating to motor and other vehicles.
(02-S 2545) An Act relating to the Department of the Attorney General.
(02-S 2546 as amended) An Act relating to fish and wildlife - general provisions.
(02-S 2547) An Act relating to taxation - property subject to taxation.
(02-S 2553) (Substitute "A" as amended) An Act relating to motor and other vehicles - definitions and general code provisions.
(02-S 2585) (Substitute "A") An Act relating to motor and other vehicles - electric personal assistive mobility device.
(02-S 2596) An Act relating to health care.
(02-S 2598) An Act relating to health and safety.
(02-S 2619 as amended) An Act relating to criminal procedure - indictments, informations and complaints.
(02-S 2624) An Act relating to education.
(02-S 2634) An Act relating to retail licenses.
(02-S 2657) An Act relating to labor and labor relations - division of professional regulation. (May 30)
(02-S 2666) (Substitute "A") An Act relating to state affairs and government - conservation officers.
(02-S 2670) (Substitute "A") An Act relating to motor and other vehicles - parking facilities and privileges.
(02-S 2672) (Substitute "A" as amended) An Act relating to criminal procedure - search warrants.
(02-S 2675) (Substitute "A") An Act relating to health and safety - licensing of health care facilities.
(02-S 2677) (Substitute "A") An Act relating to assisted living.
(02-S 2695) (Substitute "A") An Act relating to financial institutions - powers and operations.
(02-S 2697) An Act relating to motor and other vehicles - public motor vehicles.
(02-S 2703) (Substitute "A") An Act relating to Lyme disease treatment.
(02-S 2708) An Act relating to motor vehicle insurance - mandatory arbitration provision.
(02-S 2712) An Act relating to commercial law - construction contracts.
(02-S 2714) An Act relating to taxation - tax sales.
(02-S 2721) (Substitute "A" as amended) An Act relating to courts and civil procedure - particular actions - post conviction remedy.
(02-S 2724) An Act relating to state affairs and government - administrative procedures.
(02-S 2736) An Act relating to motor vehicles - taxation of disabled adapted vehicles.
(02-S 2754) (Substitute "A") An Act to amend the insurance law to provide for the voluntary restructuring of solvent domestic property and casualty insurers and reinsurers.
(02-S 2756 as amended) An Act relating to motor and other vehicles - registration of vehicles.
(02-S 2766) (Substitute "A" as amended) An Act relating to education - teachers' retirement.
(02-S 2768 as amended) An Act relating to towns and cities - zoning ordinances.
(02-S 2779) (Substitute "A") An Act relating to the state law library.
(02-S 2781) An Act relating to plumbers and irrigators.
(02-S 2782) (Substitute "A" as amended) An Act relating to electricians.
(02-S 2784) (Substitute "A") An Act relating to labor and labor relations - pipefitters and refrigeration technicians.
(02-S 2791) An Act relating to revaluation of the assessment of local taxes in the city of Providence.
(02-S 2799 as amended) An Act relating to motor vehicles - driver's license notification of selective registration requirement.
(02-S 2808) An Act relating to alcoholic beverage licenses - licenses generally.
(02-S 2813) (Substitute "A" as amended) An Act relating to health - lead hazard mitigation.
(02-S 2828) An Act relating to the Permanent Joint Committee on Naming All New Buildings, Bridges, Edifices and other state constructions.
(02-S 2842) An Act relating to towns and cities - redevelopment agencies.
(02-S 2853) An Act amending the city charter of the city of Newport by increasing the maximum fine imposed by the Municipal Court from five hundred dollars ($500) to one thousand dollars ($1,000).
(02-S 2864) An Act relating to the city of Providence.
(02-S 2865) (Substitute "A" as amended) An Act relating to military affairs and defense - emergency health powers act.
(02-S 2867) An Act relating to the General Assembly - organization of the Senate.
(02-S 2874) An Act relating to animals and animal husbandry - dogs.
(02-S 2879) (Substitute "A") An Act relating to state affairs and government - state pharmaceutical purchasing and dispensing coordinating council.
(02-S 2901) An Act relating to the town of Exeter - juvenile hearing board.
(02-S 2903) An Act relating to the small employer health insurance availability act.
(02-S 2904) An Act relating to human services - health care for families.
(02-S 2905) An Act in amendment of Chapter 55 of the Public Laws, 1958, entitled "An Act authorizing the towns of Charlestown and Richmond together, or together with the town of Hopkinton, to join a regional high school district incorporating said regional high school district and providing for the issuance of bonds, construction and operation of a regional high school for the joint use of the participating towns, within said regional high school district established by this act" as amended.
(02-S 2911) An Act exempting from taxation the real, mixed and personal property of the Greater Westerly-Pawcatuck Area Chamber of Commerce.
(02-S 2921) An Act relating to elections - Hopkinton.
(02-S 2922) An Act relating to Joint Committee on Naming All New Buildings, Bridges, Edifices and other state constructions.
(02-S 2930) An Act relating to recreational vehicle parks and campgrounds act.
(02-S 2931) An Act relating to elections.
(02-S 2933 as amended) Joint Resolution making an appropriation to pay certain veteran's bonuses.
(02-S 2934) Joint Resolution making an appropriation to pay certain veterans' bonuses.
(02-S 2935) (Substitute "A") An Act relating to criminal offenses.
(02-S 2938) Joint Resolution extending the reporting date of the special legislative commission on sustainability.
(02-S 2942) An Act relating to establishing the Westerly Municipal Land Trust.
(02-S 2943) An Act relating to the Charlestown fire district.
(02-S 2953) An Act relating to taxation.
(02-S 2954) An Act relating to state affairs and government - distressed areas economic revitalization act.
(02-S 2976) An Act relating to motor vehicles - New Shoreham.
(02-S 2977) (Substitute "A") An Act relating to the General Assembly.
(02-S 2980) An Act relating to the General Assembly.
(02-S 2991) An Act relating to public utilities and carriers - notification to the town of New Shoreham.
(02-S 2993) An Act reinstating and restoring forfeited or revoked corporate charters.
(02-S 2995) 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.
(02-S 2996) 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.
(02-S 2997) An Act authorizing the town of Tiverton to finance the construction, equipping and furnishing of three elementary schools, which shall be attached to one core facility and situated on one site on North Brayton Road in the town and to issue not more than $25,700,000 bonds and/or notes therefor.
(02-S 2998) An Act authorizing the town of Tiverton to finance the construction, renovation, equipping and furnishing of the Tiverton Middle and High Schools, including, but not limited to, locker replacement at the Middle School and athletic field improvements, an auxiliary gym, tennis courts, music room additions, science labs and a guidance suite at the High School and to issue not more than $3,735,000 therefor.
(02-S 3001) 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.
(02-S 3006) An Act relating to solemnization of marriages.
(02-S 3016) Joint Resolution making an appropriation to pay certain claims.
(02-S 3017) An Act relating to courts and civil procedure - particular actions - death by wrongful act.
(02-S 3019) An Act reinstating and restoring forfeited or revoked corporate charters.
(02-S 3023) An Act authorizing the town of East Greenwich to finance the acquisition of open space and/or recreation development projects and to issue not more than $1,000,000 bonds and/or notes therefor.
(02-S 3024) An Act relating to taxation - levy and assessment of local taxes.
(02-S 3025) An Act authorizing the town of Portsmouth to finance the construction of a new gymnasium, renovations to the locker rooms and renovations to the existing gymnasium at Portsmouth High School by the issuance of not more than $4,850,000 bonds and/or notes therefor to be allocated as follows, $4,200,000 to finance the construction of a new gymnasium, $300,000 to finance renovations to the locker rooms and $350,000 to finance renovations to the existing gymnasium.
(02-S 3026) An Act relating to the town of East Greenwich authorizing the exemption of certain property from taxation.
(02-S 3031) An Act reinstating and restoring forfeited or revoked corporate charters.
(02-S 3035) An Act authorizing the city of East Providence to finance the planning, construction and reconstruction of streets and/or sidewalks within the city and the design and construction of a new library in the Riverside section of the city and to issue not more than $4,500,000 bonds and notes therefor.
(02-S 3036) An Act authorizing the city of East Providence, upon the abandonment of the Martin Middle School by the School Department of the city, to finance the design and conservation of the Martin Middle School and its site into a multi-purpose community/recreation complex and to issue not more than $5,000,000 bonds and notes therefor.
(02-S 3037) An Act authorizing the city of East Providence to finance the repairs, renovations, and energy efficiency improvements to city schools and to issue not more than $9,000,000 bonds and notes therefor.
(02-S 3038) An Act authorizing the city of East Providence to finance the following projects in the city: repairs to the Looff Carousel, upgrade of the Watchemoket storm drain; repairs and renovations to the police station; feasibility study and preliminary planning for a new fire station; waterfront development; soccer field and other recreational facility development; Warren Avenue street scape; the acquisition of property; and repairs and improvements to the storm drainage and sanitary sewer systems and to issue not more than $4,500,000 bonds and notes therefor.
(02-S 3042) An Act reinstating and restoring forfeited or revoked corporate charters.
(02-S 3044) An Act relating to businesses and professions - hawkers and peddlers.
(02-S 3046) An Act relating to the freezing of the tax rate and evaluation in the town of Exeter.
(02-S 3048) An Act reinstating and restoring forfeited or revoked corporate charters.
(02-S 3051) An Act relating to solemnization of marriages.
(02-S 3052) An Act relating to exemption from property taxation for Travelers Aid Society of Rhode Island and affiliates.
(02-S 3053) An Act relating to towns and cities - general powers.
(02-S 3059) Joint Resolution to reform and finance long-term care services through a consumer-centered system of coordinated services and integrated care.
(02-S 3061) An Act relating to the Rhode Island Veterans Home.
(02-S 3067) An Act to vacate the forfeiture or revocation of the charter of D.E.R. Realty Corporation.
(02-S 3068) 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.
(02-S 3071) An Act relating to solemnization of marriages.
(02-S 3081) An Act relating to towns and cities - relief of injured and deceased firefighters and police officers.
Appendix
VETOES BY THE GOVERNOR
(02-H 6968) (Substitute "A") An Act relating to courts and civil procedure - courts - District Court.
The act is accompanied by the following communication:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS EXECUTIVE CHAMBER
Lincoln Almond
Governor
June 6, 2002
To the Honorable, the Speaker of the House
of Representatives:
In accordance with the provisions of Rhode Island General Laws § 43-1-4, I am transmitting herewith, with my disapproval, (02-H 6968) (Substitute "A"), "An Act Relating to Courts and Civil Procedure - Courts - District Court."
Section 1 of this bill would allow the Chief Judge of the District Court to appoint any member of the Rhode Island bar, not just deputy clerks, as district court clerk/magistrates. Section 2, which was later added to the bill, would divest the Governor of the right to appoint the clerk of the Rhode Island Supreme Court every five years with the advice and consent of the Senate. It would instead confer that authority on the Chief Justice of the Supreme Court with the advice and consent of the Senate.
I have no difficulty with the original version of the bill. My problem is with the Substitute A, which is little more than another power grab by the Senate. For over 60 years, the Governor of this State has appointed the chief clerk with the advice and consent of the Senate.
I have sympathy for the view of the Supreme Court Justice (who I proudly appointed) that he should be able to make his own selection of clerk without interference from the other branches of government. As such, I would not disapprove of a bill that actually accomplished that. This bill, however, does not. While the Senate sees fit to exclude the Governor completely, it steadfastly refuses to relinquish its power to have a say in who the next chief clerk is. This is not fair to future Governors. This bill is therefore just another tragic example of institutional disrespect by the legislature for the Office of the Governor - a disrespect that would not occur in a constitutional government with properly separated powers between the legislature and the executive.
For these reasons, I disapprove of this legislation and respectfully urge your support of this veto.
Sincerely,
LINCOLN ALMOND
Governor
Also:
(02-H 7701) (Substitute "A") An Act relating to Public Property and Works - Public-Private Redevelopment Initiative Act.
The act is accompanied by the following communication:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS EXECUTIVE CHAMBER
Lincoln Almond
Governor
June 11, 2002
To the Honorable, the Speaker of the House
of Representatives:
In accordance with the provisions of Rhode Island General Laws § 43-1-4, I am transmitting herewith, with my disapproval, (02-H 7701) (Substitute "A"), "An Act Relating to Public Property and Works - Public-Private Redevelopment Initiative Act."
This bill would create an I-195 Redevelopment Board which would be responsible for supervising the replanning, replatting, redevelopment and improvement of certain State-owned properties that will become available by the relocation of Interstate Route 195 and its on and off ramps. The Board is empowered to sell or lease the subject state-owned property and "execute, administer and enforce comprehensive agreements" with private entities for the redevelopment of the project area through "qualifying projects."
All land transactions entered into by the Board are exempted from the State Purchasing Act, the Management and Disposal of Property Act and the Municipal Award Act. The Board would be composed of nine (9) members: two public members to be appointed by the Speaker of the House
; two public members to be appointed by the Majority Leader of the Senate; two members to be appointed by the Governor; two public members appointed by the Mayor of Providence; and one member to be appointed by the Providence Foundation.
I veto this bill on separation of powers grounds. The power to affect the disposition, whether by lease or sale, of State-owned property paid for by the taxpayers, is rightfully the province of the executive branch of government. Legislators make the law. Neither they nor their appointees should be executing the law by sitting on boards and commissions that do so, never mind mandating four legislative appointments with only two gubernatorial appointments.
This bill would also allow the Board to mandate that all applicable state and local agencies permit a "qualifying project" on an accelerated basis. In this way, the Board would have the power to alter and control the timing and tracking of the permit process for all executive agencies. This Board is another unwarranted intrusion into functions of the executive.
Tellingly, at the same time the General Assembly creates this special board to control certain State-owned property and staffs it with its own appointees, it also removes many of the safeguards already in place for the disposition of State property - safeguards that ensure that valuable state assets are not being transferred in special deals. The disposition of State property is currently governed by rules and regulations that promote the best and highest use of valuable state assets as well as integrity and accountability in the disposition process. This Board would be given the power to decide, unilaterally, to whom and under what terms the subject State-owned property shall be sold, leased or subject to a "comprehensive agreement" - completely sidestepping competitive bidding pursuant to the State Purchases Act. It removes the requirements under the present system that any suspected collusion be reported to the Attorney General. This legislation further eliminates the approval of the Department of Administration as to the substance of any transaction, and diminishes the present Attorney General role by replacing it with a nonbinding Attorney General advisory opinion requirement.
This Administration has continued to demonstrate its support for economic and civic development and the improvement of public education, public services and infrastructure. These ends are not met by a special board heavily weighted with legislators lacking sufficient controls to prevent abuse.
For all these reasons, I disapprove of this legislation and respectfully urge your support of this veto.
Sincerely,
LINCOLN ALMOND
Governor
Also:
(02-H 7732) (Substitute "A" as amended) An Act making appropriations for the support of the state for the fiscal year ending June 30, 2003.
The act is accompanied by the following communication:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS EXECUTIVE CHAMBER
Lincoln Almond
Governor
June 6, 2002
To the Honorable, the Speaker of the House
of Representatives:
In accordance with the provisions of Section 43-1-4 of the General Laws, I am transmitting herewith, with my disapproval, (02-H-7732) (Substitute "A" as amended), "An Act Making Appropriations for the Support of the State of Rhode Island for the Fiscal Year Ending June 30, 2003."
It is disheartening that this is the final budget of the 150 member General Assembly. The budget is a fiscal nightmare, a policy disaster and constitutional crisis. While it has been said that the budget is a result of the political realities of a re-election year coupled with downsizing, it is my strong belief that political expediency does not justify budgetary irresponsibility. Because of the term limitations on the Governor, I have no political aspirations clouding my policy judgment. My concern is the future of our great State. The people of Rhode Island expect more and deserve better than this budget.
Fiscal Nightmare and Policy Disaster
My main concern is that the overspending in this budget will leave my successor with a budget hole of over $200 million to confront on inauguration day. That is a result of overspending and inappropriate reliance on one-time revenues, in particular, the use of over $200 million from the sale of Tobacco Settlement revenues in the next 13 months. I had proposed a prudent use of tobacco securitization proceeds that would not leave the next Governor in a hole. My proposal was to use up to $300 million in proceeds to pay down State debt. The remainder would be used over a multi-year period, so that as the economy rebounded, the dependency on these revenues would wane.
This budget raises the gas tax by 2 cents per gallon, cigarette taxes and a host of other fees. Prior and current year increases in fees and sin taxes will leave future leaders with few options for revenue generation other than broad-based tax increases that will hurt Rhode Island's competitiveness with neighboring states and within the national economy. As I have said before, we must not go back to the bad old days when the national economy thrives and Rhode Island is left behind.
The budget also calls for increasing the auto excise tax exemption from $3,500 to $4,500 at a cost of nearly $40 million to my budget proposals for this fiscal year and next and it contributes at least that amount to the opening deficit with which the State will be faced in 2004. When first enacted I warned that the excise tax repeal was unaffordable. That has been proven true. From its inception through fiscal year 2003, the phase-out of the automobile excise tax will cost the state over $350,000,000. If we had put this money into a surplus fund, we would not be facing the fiscal issues we have today, nor would we need to be draining all of our tobacco settlement funds.
The budget also rejects my proposal to increase the State's share of VLT revenues and eliminate taxpayer funded dog racing - at a savings of over $30 million had they been enacted as proposed. The continued subsidy of the dog kennel owners at Lincoln Greyhound Park is incomprehensible. The kennel owners are not subject to any state oversight of their finances and there has been no credible testimony that would demonstrate that any subsidy is necessary. For a business that provides less than $5 million a year in direct taxes, the State will give back over $13 million this year in payments. No other taxpayer gets such a deal because it makes no fiscal sense for the State.
While the General Assembly is subsidizing greyhound dog owners, the General Assembly is shortchanging higher education. During my Administration, we have made significant investments in this area. We have helped keep a lid on tuition increases, and we have improved the learning environment at all of the campuses. The quality of education has improved, as well as the physical infrastructure. We have made these investments knowing that higher education is key to our economic development. By slashing higher education so deeply we are hurting our families, and harming our economy.
In sum, the inability of this budget to make necessary spending cuts and rein in spending will greatly impede the ability of the next Governor and General Assembly to present a balanced, structurally sound budget. It will be a legacy of this General Assembly; not of this Governor.
Constitutional Crisis
This budget, as presented to me, attempts to make the most unprecedented power grab in the history of Rhode Island. In a last minute maneuver, the Senate leadership insisted that provisions creating legislative control over State hiring and contracting be turned over to appointees of theSenate Majority Leader, the Speaker and the Governor.
The Senate leadership claimed the power grab was necessary because of alleged actual and potential hiring and runaway spending by the executive branch. First, political convenience does not justify an unconstitutional takeover of the executive branch. Second, the allegations are pure myth. In the seven months since my hiring freeze was imposed, the legislature has increased its employees by 9, and the courts by 13, while the rest of the government has 111 fewer employees. Moreover, the legislature is the only entity in state government with more employees than authorized by law.
Regarding alleged runaway spending by executive departments necessitating supplemental budget increases, the truth is that most of the increased spending has occurred in the areas of mandated programs - such as the auto excise tax phase out - which were enacted into law by the General Assembly. Moreover, my proposed supplemental budget (which was never separately passed by the legislature) could well be the only supplemental budget ever submitted in the history of the State that actually proposed a reduction in State spending.
The budget also requires that the Administration reduce agency spending, cutting 2% in personnel, 5% operating costs and 10% contracted services. Continuing the fiscal restraint I commenced certainly is warranted. The restraint, however, is selective. The budget prevents the Governor from cutting local aid, grants or capital projects, protecting pet projects of the legislature that I have proposed cutting. At the same time as the executive branch is being cut, the legislative budget is up $2.2 million and the judiciary budget is up $1.8 million over my recommended budget.
Hearing the constitutional outcry against its attempted takeover of the executive branch the legislature relented and made its commission advisory only in a separate piece of legislation. The fact, however, that the General Assembly came so close to a last-minute coup d'etat of the executive branch shows more vividly than ever that we need to fix our Constitution now through constitutional amendment. The House should allow debate and pass a separation of powers constitutional amendment for the voters which is pending before it at the earliest time. This issue is not about politics; it is about providing the people of Rhode Island with a government with balanced powers. The legislature must stick to legislating the law, the courts to interpreting it and leave to the executive branch the implementation and enforcement of the law.
As I veto this budget, the Senate has not yet passed a bill, approved by the House at my request, to fix the composition of the new tobacco securitization commission contained in this budget by removing legislative appointments from the board. The Attorney General has refused, and correctly so, to certify that the legislatively-dominated composition is constitutional. As such, no securitization can take place until constitutional legislation is passed. The Senate must end the constitutional and fiscal crisis contained in this budget immediately or we will face a monumental fiscal crisis. While the General Assembly can, over my objection, appropriate $135 million of tobacco money this year, I - not the legislature - have the constitutional obligation to implement that decision. Failure to recognize this by fixing the composition of the commission places not only the legislature's own securitization plan in danger, but also the fiscal health of the State.
The legislative power grabs contained in this budget should tell Rhode Islanders why we need a constitutionally separate and independent executive branch now more than ever.
For the foregoing reasons, I disapprove of this budget and respectfully urge your support of this veto.
Sincerely,
LINCOLN ALMOND
Governor
Also:
(02-H 8179) (Substitute "A") An Act relating to the Convention Center Authority.
The act is accompanied by the following communication:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS EXECUTIVE CHAMBER
Lincoln Almond
Governor
June 10, 2002
To the Honorable, the Speaker of the House
of Representatives:
In accordance with the provisions of Rhode Island General Laws § 43-1-4, I am transmitting herewith, with my disapproval, (02-H 8179) (Substitute "A"), "An Act Relating to the Convention Center Authority."
This bill would increase the borrowing capacity of the Rhode Island Convention Center Authority (the "Authority") by $30 million dollars (from $323 to $353 million), with the increased bonding capacity intended to be used to allow the Authority to subsidize one or more hotel projects in proximity to the Convention Center. Prior to any such borrowing, however, the bill makes clear - in a provision that I added - that the Authority would need the approval of the Governor or the Authority and the House and Senate of a so-called "Kushner" resolution detailing the project pursuant to R.I. Gen. Laws § 35-18.
Let me first state that I agree that there is a substantial need for additional hotel rooms near the Convention Center to support convention business. I also agree that, under the right circumstances, a particular hotel developer proposal to borrow some Authority money might make sense to achieve that end. The State should not approve any increased debt capacity until and unless it has a loan proposal deemed worthy of approval. Since this bill puts the taxpayer cart before the horse, I oppose it.
Last year, a similar bill was introduced that would have increased the bonding capacity of the Authority (albeit by less than this bill), but would also have exempted any project subsidized by the Authority from any further legislative approval (although my Administration and apparently the Senate were told otherwise at the time). That bill died before reaching my desk. This bill, at my insistence, does expressly require "Kushner" approval, but, in my view, still represents a flawed policy.
First, "Kushner" approval means that the next Governor or the Authority can seek legislative approval. Since the Authority appointees will not be appointed by the new Governor, the Governor will have little effective control over the Authority's action on a given project. Moreover, a "Kushner" resolution can be buried in the budget (just like this year's resolutions are). As such, under this bill, it is possible that a $30 million dollar state hotel investment could be made against the wishes of the next Governor and without meaningful legislative debate.
Second, there is no compelling reason to increase the bonding capacity of the Authority by $30 million in the absence of any approved project. In my view, a prudent determination of whether any additional Authority bonding is necessary can be made only in the context of a particular proposal or proposals - not in a vacuum as this bill does. The State has no idea at this time whether any Authority loan is essential to entice any particular hotel development. Indeed, at least one developer appears to be ready to go forward in the absence of any State loan, but advised that if one were given to a competitor, that could kill its proposal due to the competitive disadvantage.
To determine whether any taxpayer-backed loan is advisable, the Authority should consider, among other factors, the need for the loan, its effects on other proposals, the amount of the loan, the taxpayer risk (if any) associated with it, proximity to the Convention Center, the number of hotel rooms, and circumstances surrounding the proposal.
The best reason I have heard for this bill is that it would show developers that the Authority is serious about lending money to jump-start a hotel project. That rationale is undercut by two factors: one, even without this legislation the Authority has received numerous proposals for hotel financing in response to its request for them; and two, even with this bill, any developer will know that no loan can occur without further legislative approval. In short, the bill does not appear necessary to entice the marketplace to submit proposals.
Finally, perhaps because of the fiasco last year, this bill remains fraught with controversy. That controversy is fueled when the bill's sponsor takes to the floor to explain how the proposal before the Authority involving the Fogarty building - proposed by a former representative - is clearly the best one, deserves a State-backed loan, and that this bill will make that proposal a reality. The proposed Fogarty deal involves government land (owned by the Providence Redevelopment Authority "PRA") in which a private developer was given an exclusive option to develop the property as a hotel without any form of competitive bidding.
The fact that the location of that site may well make it the best one for Convention Center purposes coupled with the possibility that other developers could potentially make a more taxpayer-friendly loan proposal for a hotel at the site, render the present Fogarty site proposal unacceptable as far as I am concerned. The PRA and/or the Authority should solicit proposals on that site, just as I have done with the governmentally-owned Masonic Temple.
For all of these reasons, I disapprove of this legislation and respectfully urge your support of this veto.
Sincerely,
LINCOLN ALMOND
Governor
Also:
(02-H 8207) An Act relating to parking surcharges in the Warwick Airport Parking District.
The act is accompanied by the following communication:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS EXECUTIVE CHAMBER
Lincoln Almond
Governor
June 11, 2002
To the Honorable, the Speaker of the House
of Representatives:
In accordance with the provisions of Rhode Island General Laws § 43-1-4, I am transmitting herewith, with my disapproval, (02-H 8207), "An Act Relating to Parking Surcharges in the Warwick Airport Parking District."
This bill would impose a five percent (5%) surcharge on gross parking receipts within a newly defined Warwick Airport Parking District, much of which lies outside of the Airport on private parking lots. It also imposes a $250 annual fee on private parking facilities. These funds would be remitted to the tax administrator, and then transferred at least annually to the general fund of the City of Warwick.
If allowed to become law, this bill would open up a Pandora's box. State laws regulating municipal taxation allow only for the taxation of real and tangible property. This bill would eliminate that uniformity by allowing one municipality to effectively place a tax on a common private service. If one community is allowed to raise revenue through special taxes, other communities will follow suit and request the same. Over time, this would result in substantial new taxation by Rhode Island municipalities.
With respect to a parking tax, Providence and Newport will be next in line. Beyond parking, there is no shortage of proposals to enhance municipal revenues. Providence, for example, has proposed a payroll tax on income earned in the City. In addition to violating the present uniformity in municipal taxation ability, this type of bill decreases the State's own future tax capacity.
This bill would create a new tax on our residents. Throughout my Administration, I have worked with the General Assembly to lower taxes. We have made Rhode Island more competitive, and we have strengthened our economy. Increased taxes will make Rhode Island less competitive, will harm our economy, and will eventually erode our tax base and our ability to provide essential services. We do not need to raise taxes to provide the City of Warwick with additional compensation for being the host community of our successful State airport, the stated purpose of the bill with which I agree.
My Administration has a plan to provide the City of Warwick with substantial new annual revenue without imposing a new parking tax. In the works for over two years is a brand new $168 million Warwick Station facility - a state-of-the-art multi-modal transportation center in the Station district that would link the airport to a proposed train station with a consolidated 3,000 car commuter and rental car garage via an automated people mover. The proposed facility, which has been nationally recognized, would serve as a transportation hub, provide good paying construction jobs, relieve traffic from Post Road, free up airport parking by placing rental car companies in their own facility, and jump start significant economic development within the Station district. Just as exciting, the train station would be paid for with federal matching funds, and the consolidated rental car facility and commuter parking would be paid for by the rental car companies through a surcharge on daily rentals, for a total of $151 million in committed funding. The balance would come from other federal matching funds. In short, all sources of funding necessary for the project to proceed have been identified.
If the Warwick Station project moves forward, the City is slated to receive well over $1.1 million annually from the project (and approximately $700,000 retroactive to June 1, 2001), an amount that will increase sharply each year. In addition, the State is slated to pay for $1.5 million in wastewater and drainage improvements to facilitate economic development in the area. These payments, unlike the parking tax this bill imposes, do not involve additional effective municipal taxation on private entities; rather, they result from activities in a unique consolidated rental car facility to be owned by the Airport Corporation.
Unfortunately, while passing this bill, the Senate has not allowed a floor vote on bonding authorization for a crucial part of the project - the people mover that would seamlessly transport airport users to and from their rental cars, the train station and commuter parking spaces. There was no objection in the Senate to such authorization last year, and the House has passed it for the second year in a row. Without an automated people mover, the Warwick Station project makes little sense. It is my understanding that the entire Warwick Senate and House delegations support providing bonding authorization for the people mover, as does the City of Warwick. It should go to the Senate floor for approval to facilitate this project.
The Warwick Station project, like the airport itself, will provide long-lasting benefits to the people of Rhode Island and the City of Warwick, along with the type of compensation to the City we all can support.
For the foregoing reasons, I disapprove of this legislation and respectfully urge your support of this veto.
Sincerely,
LINCOLN ALMOND
Governor
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