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 seventh day of January in the year of Our Lord two thousand and three.
Volume 130, No.19 Tuesday, February 25, 2003 Nineteenth Day


The House of Representatives meets at the State House in Providence, Tuesday, February 25, 2003, and is called to order at 4:18 o'clock P.M., by the Honorable William J. Murphy, Speaker.

The roll is called and a quorum is declared present with 68 members present and 7 members absent as follows:

PRESENT - 68: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anderson, Anguilla, Aubin, Benson, Callahan, Caprio, Cerra, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Flaherty, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Harwood, Jacquard, Kennedy, Kilmartin, Lally, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

ABSENT - 7: Representatives Brien, Carter, Coderre, Faria, Landroche, Reilly, San Bento.

INVOCATION


The Honorable Speaker presents Reverend Paul R. Lemoi from Our Lady of Good Counsel, West Warwick, who delivers the Invocation and leads the membership in the Pledge of Allegiance to the Flag.

(For Invocation, see Appendix, this Journal.)


APPROVAL OF RECORD


By unanimous consent, the House Journal of Thursday, February 13, 2003, is approved as printed.

ANNOUNCEMENTS


Representative Elaine A. Coderre will be out of town from February 22, 2003 to March 3, 2003.

Also:

Representative Donald O. Reilly, Jr. will not be in session today, February 25, 2003.

He is ill.

NOW PRESIDING


At 4:22 o'clock P.M. the Honorable Speaker Murphy yields the rostrum to the Honorable Deputy Speaker Winfield.

PERSONAL PRIVILEGE


By unanimous consent, Representative Murphy, on behalf of the West Warwick delegation, addresses the members of the House on a point of personal privilege in regard to the horrific fire at The Station in West Warwick.

Also:

By unanimous consent, Representative Williamson also addresses the members of the House on a point of personal privilege in regard to the fire at The Station.

Representative Menard, seconded by Representative Fox, moves to enter into the Journal the remarks of the Honorable Speaker Murphy and the Honorable Representative Williamson given at the Memorial Vigil for the victims of The Station nightclub fire.

(For remarks, see Appendix, this Journal.)

Also:

By unanimous consent, Representative Ginaitt addresses the members of the House on a point of personal privilege in regard to the fire at The Station.

Minority Leader Watson extends his profound sorrow and sympathy for the victims of the fire and to all the heroic achievements involved.

NOW PRESIDING


At 4:42 o'clock P.M. the Honorable Deputy Speaker yields the rostrum to the Honorable Speaker.

Representative Coogan acknowledges the Cowesett Inn and the Cowesett Texaco Station for their efforts in aiding the rescue personnel and the victims of the fire.

Representative Costantino extends a thank you to the health delivery system in the state of Rhode Island.


COMMUNICATION FROM THE SENATE


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

(03-S 22 as amended) An Act relating to motor vehicle insurance - motor vehicle body replacement parts.

Read and referred to the Committee on Corporations.

(03-S 183) An Act relating to cities and towns - exempting from taxation property of the Woonsocket, R.I. Young Men's Christian Association.

Read and referred to the Committee on Corporations.

(03-S 687) An Act relating to state budget.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, in concurrence, on motion of Representative Fox, seconded by Representative Watson, on a roll call vote, 63 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 63: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anderson, Anguilla, Aubin, Benson, Caprio, Cerra, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Naughton, Palumbo, Petrarca, Picard, Rose, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Slater, Smith, Story, Tejada, Trillo, Voccola, Watson, Williams, Williamson, Winfield.

NAYS - 0.

NEW BUSINESS


Representative Lally introduces (03-H 6112) An Act relating to public finance - public corporation debt management.

Read and referred to the Committee on Corporations.

Representatives Murphy, Williamson, Landroche, Fox and Watson introduce (03-H 6113) House Resolution expressing sincere sorrow to the families and friends of the victims of the tragic blaze of February 20, 2003 at The Station nightclub in West Warwick.

Representative Murphy requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Murphy, seconded by Representative Williamson, and by unanimous consent, on a voice vote.

Representatives Fox, Watson and Murphy introduce (03-H 6114) House Resolution expressing condolences.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Fox, seconded by Representative Watson, and by unanimous consent, on a rising vote.

Representatives Watson, Callahan and Fox introduce (by request of the Governor) (03-H 6115) An Act relating to state budget.

Representative Watson requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Watson, seconded by Representative Fox, on a roll call vote, 59 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 59: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anderson, Aubin, Benson, Caprio, Cerra, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Enos, Fox, Gallison, Giannini, Ginaitt, Gorham, Handy, Jacquard, Kennedy, Kilmartin, Lally, Laroche, Lewiss, Lima, Long, Lowe, Malik, McCauley, McHugh, McManus, McNamara, Menard, Moffitt, Montanaro, Moran, Moura, Mumford, Palumbo, Petrarca, Picard, Rose, Savage, Schadone, Scott, Shanley, Shavers, Slater, Story, Tejada, Trillo, Voccola, Williams, Williamson, Winfield.

NAYS - 0.

Representatives Anguilla and Gallison introduce (03-H 6116) House Resolution congratulating Paul Breault on attaining the rank of Eagle Scout.

Representative Anguilla requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Anguilla, seconded by Representatives McNamara, Menard and Gallison, and by unanimous consent, on a voice vote.

Representatives Gallison and Anguilla introduce (03-H 6117) House Resolution congratulating Matthew Henrich on attaining the rank of Eagle Scout.

Representative Gallison requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Gallison, seconded by Representative Anguilla, and by unanimous consent, on a voice vote.

Representatives Shavers and Crowley introduce (03-H 6118) House Resolution recognizing the outstanding academic achievements gained by Coggeshall School.

Representative Shavers requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Shavers, seconded by Representative Crowley, and by unanimous consent, on a voice vote.

Representatives Fox and Watson introduce (03-H 6119) House Resolution extending congratulations.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Fox, seconded by Representative Watson, and by unanimous consent, on a voice vote.

Representatives Fox and Watson introduce (03-H 6120) House Resolution extending congratulations.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Fox, seconded by Representative Watson, and by unanimous consent, on a voice vote.

Representatives Fox and Watson introduce (03-H 6121) House Resolution extending congratulations.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Fox, seconded by Representative Watson, and by unanimous consent, on a voice vote.

Representative Fox introduces (03-H 6122) House Resolution expressing condolences.

Representative Fox requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Fox, seconded by Representative Watson, and by unanimous consent, on a rising vote.


NOTICES OF BILL/RESOLUTION

INTRODUCTION


Representative Murphy gives notice that on the next legislative day he will introduce a measure concerning a legislative commission to study fire safety.

This notice is given in compliance with House Rule 42.

WILLIAM J. MURPHY
Representative, District 26

Received and ordered to be placed on file.

Representative Murphy gives notice that on the next legislative day he will introduce a measure concerning health and safety - fire safety code.

This notice is given in compliance with House Rule 42.

WILLIAM J. MURPHY
Representative, District 26

Received and ordered to be placed on file.

Representative Winfield gives notice that on the next legislative day he will introduce a measure concerning small employer health insurance.

This notice is given in compliance with House Rule 42.

THOMAS J. WINFIELD
Representative, District 53

Received and ordered to be placed on file.

Representative Moura gives notice that on the next legislative day he will introduce a measure concerning sprinkler systems in buildings.

This notice is given in compliance with House Rule 42.

PAUL E. MOURA
Representative, District 2

Received and ordered to be placed on file.

Representative Moura gives notice that on the next legislative day he will introduce a measure concerning legislative commission to review Class "N" liquor licenses.

This notice is given in compliance with House Rule 42.

PAUL E. MOURA
Representative, District 2

Received and ordered to be placed on file.

Representative Moura gives notice that on the next legislative day he will introduce a measure relating to public officers and employees.

This notice is given in compliance with House Rule 42.

PAUL E. MOURA
Representative, District 2

Received and ordered to be placed on file.

Representative Long gives notice that on the next legislative day he will introduce a measure concerning public utilities and carriers.

This notice is given in compliance with House Rule 42.

BRUCE J. LONG
Representative, District 74

Received and ordered to be placed on file.

Representative Long gives notice that on the next legislative day he will introduce a measure concerning motor vehicles.

This notice is given in compliance with House Rule 42.

BRUCE J. LONG
Representative, District 74

Received and ordered to be placed on file.

Representative Moffitt gives notice that on the next legislative day he will introduce a measure concerning taxation.

This notice is given in compliance with House Rule 42.

VICTOR G. MOFFITT
Representative, District 28

Received and ordered to be placed on file.

Representative Gallison gives notice that on the next legislative day he will introduce a measure concerning Lyme disease treatment funding for antibiotic drugs by health insurers.

This notice is given in compliance with House Rule 42.

RAYMOND E. GALLISON, JR.
Representative, District 69

Received and ordered to be placed on file.

Representative Mumford gives notice that on the next legislative day she will introduce a measure concerning motor vehicles.

This notice is given in compliance with House Rule 42.

CAROL A. MUMFORD
Representative, District 41

Received and ordered to be placed on file.

Representative Amaral gives notice that on the next legislative day he will introduce a measure concerning higher education.

This notice is given in compliance with House Rule 42.

JOSEPH N. AMARAL
Representative, District 70

Received and ordered to be placed on file.

Representative Naughton gives notice that on the next legislative day she will introduce a measure concerning permanent ocean commission.

This notice is given in compliance with House Rule 42.

EILEEN S. NAUGHTON
Representative, District 21

Received and ordered to be placed on file.

Representative Watson gives notice that on the next legislative day he will introduce a measure concerning retirement system.

This notice is given in compliance with House Rule 42.

ROBERT A. WATSON
Representative, District 30

Received and ordered to be placed on file.

Representative Trillo gives notice that on the next legislative day he will introduce a measure concerning traffic control devices.

This notice is given in compliance with House Rule 42.

JOSEPH A. TRILLO
Representative, District 24

Received and ordered to be placed on file.

Representative Scott gives notice that on the next legislative day he will introduce a measure concerning naming of a highway.

This notice is given in compliance with House Rule 42.

JOSEPH H. SCOTT
Representative, District 39

Received and ordered to be placed on file.

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.

ANNOUNCEMENTS


Representative Kilmartin, on behalf of the city of Pawtucket, and Representatives Anderson and Moffitt, on behalf of the town of Coventry, extend their condolences to the victims of the fire at The Station nightclub.

Also:

Representative Benson extends her gratitude to the North Kingstown police and fire for their assistance to the victims of the fire.

Also:

Representative Moffitt also thanks Coventry police and fire for their assistance.

Also:

Representative Lima extends her heartfelt thoughts and prayers to the victims of the West Warwick fire.

Also:

Majority Leader Fox announces all committees are cancelled today due to respect for the victims of this tragedy.

Also:

Majority Leader Fox also acknowledges Speaker Murphy, Representatives Williamson, Landroche and Ginaitt for their compassion in their dealings with the terrible tragedy in their town of West Warwick.

ADJOURNMENT


At 5:04 o'clock P.M. on motion of Representatives Murphy, Williamson, Landroche and Watson and the entire membership of the House, and as a further mark of respect to the memory of those who lost their lives in The Station fire on February 20, 2003; on motion of Representative Kilmartin, and as a further mark of respect to the memory of Kaseu Hupp; on motion of Representative Lima, and as a further mark of respect to the memory of Robert A. Nardolillo, Sr.; on motion of Representative Benson, and as a further mark of respect to the memory of Andrew Hoban; on motion of Representative Gorham, and as a further mark of respect to the memory of Arnold R. Kennedy; on motion of Representative Moffitt, and as a further mark of respect to the memory of Brenda MacDonald; on motion of Representatives Williamson, Murphy and Landroche, and as a further mark of respect to the memory of Lena Alves; seconded by Representatives Fox and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



TRANSMITTED TO THE GOVERNOR


(03-S 687) An Act relating to state budget.

Appendix



INVOCATION

REVEREND PAUL R. LEMOI
OUR LADY OF GOOD COUNSEL
WEST WARWICK


Lord, as we gather for this Assembly, we pause to remember those whose lives were taken so rapidly from family and friends in the tragic fire at The Station nightclub on the night of February 20, 2003 in the town of West Warwick. Grant to those who have died the peace, light and happiness of your kingdom and to their families your merciful comfort and be close to them in this time of grieving and in the days to follow. Grant to the injured your healing strength and the patience necessary for the healing process.

Almighty God, as we begin this session we humbly thank you for the good land which you have entrusted to our care. We pray that we may always be mindful of your favor and glad to do your will. Bless us with honest labor, clear thinking and mutual regard. Fill with your gifts of wisdom and understanding those whom we entrust with the authority of government, especially the members of this House of Representatives that they may always seek justice and peace. Guide and support our Representatives that by just and prudent laws they may promote the well being of all the people of our state. God bless our nation, God bless the state of Rhode Island.

Amen.

Appendix



REMARKS


SPEAKER WILLIAM J. MURPHY


Memorial Vigil for victims of The Station nightclub tragedy, on February 24, 2003, at the West Warwick Civic Center:

Thank you very much, Tom Iannitti, I'd like to acknowledge you, Town Councilwoman Jeanne-Marie DiMasi, and all of those who joined in organizing tonight's memorial vigil.

I struggle for words to make sense of these horrific circumstances. It is just unimaginable that a fire of this magnitude could take place - least of all right here in our hometown.

It hurts deeply.

All of us who were raised in West Warwick, who attended local schools, and who make our homes here, are particularly grieving. This is a tragedy that will take all of us in our close-knit community a long, long time to come to grips with.

It pains us all to be saying our final good-byes to so many young lives filled with hope and promise.

Our heartfelt thoughts and prayers go out to the families and friends of all the victims, many who have ties to West Warwick and neighboring communities.

We must also pray for a complete recovery for all those receiving care at hospitals here in Rhode Island and in the Boston area.

We are deeply indebted to the West Warwick Fire Fighters who risked their own lives when responding to the scene on Thursday night.

The heroic efforts of the fire fighters, police and public safety officials of West Warwick and throughout Rhode Island prevented even further loss of life and injuries.

West Warwick's Fire Chief Charles Hall and Police Chief Peter Brousseau, and all of their officers, have been working tirelessly since Thursday night. Thank you so much!

We also must extend a deep sense of gratitude to the medical personnel for their excellent work both at the scene of the fire and at the hospitals in the critical hours afterwards.

We need to take a moment to thank two members of the Rhode Island House of Representatives for their extraordinary efforts: West Warwick Firefighter Norman Landroche Jr. and Warwick Fire Captain Peter Ginaitt.

Norman Landroche, a new member of the House of Representatives, was on the first fire truck to arrive at The Station. He and his fellow fire fighters, without regard for their own safety, pulled dozens of people out of the roaring inferno.

Peter Ginaitt, a registered nurse and emergency medical technician, worked feverishly at the makeshift emergency center across the street from the fire scene. He brought order to the unbelievable chaos, making sure that the most badly burned and injured were sent on their way for immediate medical treatment, while calming the fears of those less severely hurt.

The West Warwick delegation - and the rest of our General Assembly colleagues will work together to make certain that no tragedy occurs again in West Warwick or Rhode Island.

In addition to addressing much-needed state legislation in the fire's aftermath, we have another goal.

Tonight, we begin the effort to make certain the site where The Station once stood is transformed into a memorial park dedicated to those who tragically lost their lives and to those who were injured on February 20th.

We need the support of all town, state and federal officials in this endeavor.

We are extremely grateful for the steady and calming leadership of our new Governor, Don Carcieri. In his seventh week in office he was faced with one of the most traumatic events in the state's history, and he has done a magnificent job. His compassion and his dedication have been extraordinary.

Thank you also to Senators Jack Reed and Lincoln Chafee, Congressmen James Langevin and Patrick Kennedy, Lt. Governor Charles Fogarty, General Treasurer Paul Tavares, Secretary of State Matt Brown, Senate President William Irons and House Majority Leader Gordon Fox for helping our community in this time of need.

We must also acknowledge our new Attorney General, Patrick Lynch. We have the fullest confidence knowing that he is conducting a thorough investigation that will provide the answers that we all are seeking.

Our thanks are also extended to our fine State Police, headed by West Warwick native, Colonel Steven Pare, and Majors Brendan Doherty and Jack Leyden, who have worked so closely on this investigation with other members of the State Police.

Thank you also to Chief Justice Frank Williams of the Rhode Island Supreme Court.

Our gratitude is also extended to the National Guard, led by General Reginald Centracchio, who is a native of West Warwick; the State Fire Marshal's office, headed by Irbing Owens; and the federal Bureau of Alcohol, Tobacco and Firearms. And thank you to two of the Mayors for their support to West Warwick, Providence Mayor David Cicilline and Warwick Mayor Scott Avedisian.

At the local level, joining Town Manager Wolfgang Bauer and the Town Council in lending a helping hand have been the department of public works, the department of human services, emergency management personnel and the Red Cross.

We must also acknowledge the volunteer efforts of our local businesses and community leaders. Countless people have stepped forward in every possible way to help the families of those impacted by the tragedy and support the fire fighters and public safety officers.

As just one example, Jim Paolucci and his staff at the Cowesett Inn immediately let their fine establishment be turned into an emergency room, and then later as the command center for all the officials and investigators.

That's the type of cooperation that we have in this great little town.

Citizens of West Warwick, it is time to pull together as we've done in the past.

Tonight, let us remember those lives that were needlessly lost.

Let us pray for a full recovery for all of those who were injured, and for those who were fortunate enough to escape without harm.

For all of us - especially those from West Warwick - it will take time and a special spirit to recover from this tragedy.

Let us all summon the courage to get through this devastating time of sorrow together.

In the spirit of the late English poet, John Donne, the bells of Rhode Island toll for the 97 who perished not far from where we have gathered tonight to remember them and their families.

But the bells toll for us as well, because these deaths diminish each of us. We are the less for their passing and we will hear the tolling of these deaths in our memory for the rest of our lives.

Thank you.

Appendix



REMARKS


REPRESENTATIVE TIMOTHY A. WILLIAMSON


Ladies and gentlemen:

I cannot begin to put into words the sorrow that I feel over the events of the past few days. Sorrow that cannot compare to the suffering of the survivors and the families of the victims. But I can unequivocally say as a result death be not proud.

However I can tell you that I have never felt prouder than I did on Thursday night and all day Friday about calling West Warwick, Rhode Island my home.

During this time of tragedy and the mourning; our town and our state have come together as one and shown the world who we are.

Together we have suffered and grieved the loss of the victims and the anguish of their families. We have provided assistance when we could and help when needed. But it is not enough.

We have to continue to talk to one another to assist everyone affected by this horrible tragedy.

I am proud of the job that the West Warwick fire department, police department and department of public works did on Thursday and Friday. Ladies and gentlemen I salute you.

I salute our neighboring communities and states that provided much appreciated relief and assistance.

I would like to personally thank the Governor and his staff for their care and consideration in the wake of this tragedy.

I would like to thank our Town Manager Wolfgang Bauer for being a tower of strength during this time of sorrow.

The expertise and professionalism shown by these people have let the world know that we are in good hands and in the hands of God.

But this vigil is about the loss of lives.

We have all lost family and friends in the fire. We have all suffered through the period of uncertainty in not knowing who has survived and who has not.

To the ninety-seven victims, take solace in the fact that you are now at rest, to those who still suffer in the burn units of the hospitals, God be with you. You never leave our collective thoughts.

To the families, the suffering must be indescribable. To you, our love and prayers.

The people of West Warwick are tough, resilient and proud. As such, I am here to tell you all, that like the famous bird in mythology the phoenix, this town of West Warwick, Rhode Island will rise from these ashes and rebuild and heal itself. To all who listen I ask you to assist us in this time of tragedy.



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