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 second day of January in the year of Our Lord two thousand and one.
Volume 128, No. 21 Wednesday, March 7, 2001 Twenty-first Day


of January in the year of Our Lord two thousand and one. The House of Representatives meets at the State House in Providence, Wednesday, March 7, 2001, 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 85 members present and 14 members absent as follows:

PRESENT - 85: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, Cambio, Caprio, Carroll, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Dennigan, Faria, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Montanaro, Moran, Moura, Munschy, Murphy, W.H., Murphy, W.J.. Palangio, Palumbo, Picard, Pires, Pisaturo, Quick, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Voccola, Wasylyk, William son, Winfield.

ABSENT - 14: Representatives Ajello, Burlingame, Callahan, Carter, Crowley, DeSimone, Flaherty, Henseler, Menard, Mumford, Naughton, Sherlock, Watson, Williams.

INVOCATION



The Honorable Speaker presents Representative Thompson, 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, March 1, 2001, is approved as printed.

ANNOUNCEMENTS


Representative Ajello will be unable to attend session today, March 7, 2001, due to the death of her father.

Also:

Representative Henseler will be unable to attend session today, March 7, 2001.



Also:

Representative Naughton is in Washington, D.C. on legislative business and will be unable to attend session today, March 7, 2001.



Also:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

HOUSE OF REPRESENTATIVES


JOHN B. HARWOOD
Speaker of the House
March 7, 2001

The following representative is hereby appointed to the Joint Committee on Environment and Energy:

Representative Joanne M. Giannini
VICE
Representative Eileen S. Naughton

JOHN B. HARWOOD
Speaker

Received and ordered to be placed on file.

Also:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

HOUSE OF REPRESENTATIVES


JOHN B. HARWOOD
Speaker of the House
March 7,2001

The following representative is hereby appointed to the Permanent Standing House Committee on Education Accountability:

Representative John A. Savage
VICE
Representative Richard E. Fleury

JOHN B. HARWOOD
Speaker

Received and ordered to be placed on file.


COMMUNICATION FROM THE SENATE


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

(01-S 127) (Substitute "A") An Act relating to motor and other vehicles - miscellaneous rules.

Read and referred to the Committee on Judiciary.

(01-S 135) (Substitute "A") An Act relating to the employees retirement system administrative procedures.

Read and referred to the Committee on Judiciary.

(01-S 186) An Act validating and ratifying amendments to the home rule charter of the town of East Greenwich.

Representative George requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, in concurrence, on motion of Representative George, seconded by Representatives Moura, W.H. Murphy and Scott, on a roll call vote, 64 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 64: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Almeida, Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, Caprio, Cerra, Coderre, Coelho, Coogan, Corvese, Costantino, DeSimone, Faria, Gallison, Garvey, George, Giannini, Gorham, Hetherington, Hogan, Iwuc, Kennedy, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Lowe, Maher, McCauley, McNamara, Moran, Moura, Munschy, Murphy, W.H., Murphy, W.J., Palangio, Palumbo, Picard, Pisaturo, Rabideau, Reilly, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Simonian, Slater, Smith, Story, Sullivan, Thompson, Trillo, Vieira, Voccola.

NAYS -0.

TRANSMITTAL


By unanimous consent, (01-S 186) on the Clerk's desk is ordered to be transmitted to His Excellency, the Governor.

GUESTS


Representative Gallison welcomes to the House Chambers as guests Brigadeer General (retired) Richard Valente, and Raymond Benkosky, President, United Veterans Council of Rhode Island.

NEW BUSINESS


Representatives Ginaitt, Moura and Palumbo introduce (01-H 6161) An Act relating to state affairs and government.

Read and referred to the Joint Committee on Environment and Energy.

Representatives Naughton and Rabideau introduce (01-H 6162) An Act relating to fish and wildlife - licensing.

Read and referred to the Joint Committee on Environment and Energy.

Representatives Henseler, Naughton and Moura introduce (01-H 6163) An Act relating to towns and cities - general powers.

Read and referred to the Committee on Corporations.

Representatives Palumbo and McNamara introduce (01-H 6164) House Resolution requesting Amtrak to install a fence along the railroad right of way through the city of Warwick.

Read and referred to the Committee on Corporations.

Representatives Kennedy, Scott and Garvey introduce (01-H 6165) An Act authorizing the Chariho Regional School District to issue not to exceed $55,160,000 general obligation bonds and/ or notes to finance the construction of a new high school, the renovation of a portion of the existing high school to convert the high school into an elementary school, additions to and renovations of the Ashaway School and the Hope Valley School, the renovation of the Charlestown School and the Richmond School and the improvement, alteration, repair, furnishing and equipping of such facilities and repealing section 13(1) of the regional school districts enabling legislation.

Read and referred to the Committee on Corporations.

Representatives Long, Amaral, W.H. Murphy and Trillo introduce (01-H 6166) An Act relating to waters and navigation regulation of boats.

Read and referred to the Committee on Corporations.

Representative Corvese introduces (by request) (01-H 6167) An Act authorizing suit against the state by Steven Martin and Deborah Martin and making an appropriation to satisfy any judgment entered.

Read and referred to the Committee on Judiciary.

Representatives Aiken, Anguilla, Carroll, Levesque, Watson and W.H. Murphy introduce (01-H 6168) An Act relating to criminal offenses - fraud and false dealing.

Read and referred to the Committee on Judiciary.

Representatives Pisaturo, Simonian, Montanaro, Lanzi, Bierman and several other members of the House introduce (01-H 6169) An Act relating to towns and cities - establishing a commercial incentive zone at the former Narragansett Brewery site.

Read and referred to the Committee on Finance.

Representatives M. Anderson, Kilmartin, San Bento, Vieira, Cicilline and Dennigan introduce (01-H 6170) An Act relating to state affairs and government - Pawtucket Armory capital renovation and restoration fund.

Read and referred to the Committee on Finance.

Representatives Pisaturo, Smith, DeSimone, Montanaro, Kennedy and several other members of the House introduce (01-H 6171) An Act relating to state affairs and government - establishing an office of Inspector General.

Read and referred to the Committee on Finance.

Representatives Moura, Ginaitt, Palumbo, George and Giannini introduce (01-H 6172) Joint Resolution making an appropriation of $430,000 for the "Rhode to Maintain Independence" Project. Read and referred to the Committee on Finance.

Representative Garvey introduces (01-H 6173) An Act relating to taxation.

Read and referred to the Committee on Finance.

Representatives Kilmartin and Montanaro introduce (01-H 6174) Joint Resolution making an appropriation of one hundred thousand dollars ($100,000) for the Northern Rhode Island Collaborative.

Read and referred to the Committee on Finance.

Representatives Cicilline and Dennigan introduce (01-H 6175) Joint Resolution making an appropriation of four hundred and thirty thousand dollars $430,000 for the Department of Human Services.

Read and referred to the Committee on Finance.

Representatives Malik, Iwuc, Carroll, Costantino, Gallison, I-ally and Slater introduce (01-H 6176) An Act relating to the public service corporation tax.

Read and referred to the Committee on Finance.

Representatives San Bento, Reilly and Vieira introduce (01-H 6177) An Act relating to education - foundation level school support.

Read and referred to the Committee on Finance.

Representatives Lima, Lanzi, Cicilline, Aiken, Smith and several other members of the House introduce (01-H 6178) Joint Resolution memorializing the President and Congress to take whatever action necessary to obtain the release of Americans being held against their will in North Korea, China, Russia and Vietnam.

Representative Lima requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Lima, seconded by Representatives Montanaro and Lanzi, and by unanimous consent, on a voice vote.

Representative Montanaro introduces (01-H 6179) Joint Resolution making an appropriation of $731.31 to pay the claim of Amica Mutual Insurance Company, P.O. Box 6008, Providence, Rhode Island 02940 as subrogee of Lucille N. Creamer of 9 Country Meadow Drive, Cranston, Rhode Island 02921.

Representative Montanaro requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Montanaro, seconded by Representatives S. Anderson, Lanzi and Bierman, and by unanimous consent, on a voice vote.

Representatives Scott and Bierman introduce (01-H 6180) An Act relating to land trust for the town of Richmond.

Representative Scott requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Scott, seconded by Representatives Bierman, Lewiss, Gorham and Shanley, on a roll call vote, 75 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 75: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, Caprio, Carroll, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, DeSimone, Faria, Gallison, Garvey, George, Giannini, Gorham, Hetherington, Hogan, Iwuc, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Lewiss, Lima, Long, Lowe, Malik, Martineau, McCauley, McNamara, Montanaro, Moran, Moura, Munschy, Murphy, W.H., Murphy, W.J., Palangio, Palumbo, Picard, Pisaturo, Quick, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Voccola, Wasylyk, Williamson.

NAYS -0.

TRANSMITTAL


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

NOTICES OF BILL/RESOLUTION

INTRODUCTION


Representative Quick gives notice that on the next legislative day she will introduce a measure concerning drivers' licenses.

This notice is given in compliance with House Rule 42.

JOAN B. QUICK
Representative, District 94

Received and ordered to be placed on file.

Representative Gorham gives notice that on the next legislative day he will introduce a measure concerning bridle and hiking trails.

This notice is given in compliance with House Rule 42.

NICHOLAS GORHAM
Representative, District 53

Received and ordered to be placed on file.

Representative Malik gives notice that on the next legislative day he will introduce a measure concerning appropriation of $200,000 for farmers who were excluded from the USDA assistance fund.

This notice is given in compliance with House Rule 42.

JAN P. MALIK
Representative, District 89

Received and ordered to be placed on file.

Representative Iwuc gives notice that on the next legislative day he will introduce a measure concerning criminal procedure.

This notice is given in compliance with House Rule 42.

DAVID S. IWUC
Representative, District 68

Received and ordered to be placed on file.

Representative Voccola gives notice that on the next legislative day he will introduce a measure concerning mental illness.

This notice is given in compliance with House Rule 42.

JOSEPH H. VOCCOLA
Representative, District 56

Received and ordered to be placed on file.

Representative Smith gives notice that on the next legislative day he will introduce a measure concerning elections - statewide referenda.

This notice is given in compliance with House Rule 42.

STEVEN F. SMITH
Representative, District 12

Received and ordered to be placed on file.

Representative Cambio gives notice that on the next legislative day she will introduce a measure concerning a request to the directors of the Department of Human Services to conduct a feasibility study of adding smoking cessation therapy as a Medicaid benefit.

Also:

Representative Faria announces that the Committee on Labor will meet today at the rise of the House in Room 201 of the State House.

Also:

This notice is given in compliance with House Rule 42.

BAMBILYN B. CAMBIO
Representative, District 11

Received and ordered to be placed on file.

Representative Giannini gives notice that on the next legislative day she will introduce a measure relating to elections.

This notice is given in compliance with House Rule 42.

JOANNE M. GIANNINI
Representative, District 7

Received and ordered to be placed on file.

Representative Moran gives notice that on the next legislative day he will introduce a measure concerning education - residence of children for school purposes.

This notice is given in compliance with House Rule 42.

JOSEPH P. MORAN, III
Representative, District 73

Received and ordered to be placed on file.

ANNOUNCEMENTS


Majority Leader Martineau announces that the House Calendar for Wednesday, March 7, 2001, will be heard Thursday, March 8, 2001, due to the snow day yesterday.

Representative Hetherington announces that the Committee on Health, Education and Welfare will meet today at the rise of the House in Room 135 of the State House.

Also:

Representative Kennedy announces that the Committee on Corporations will meet today at the rise of the House in Room 203 of the State House.

Also:

Representative W.J. Murphy announces that the Committee on Judiciary will meet today at the rise of the House in Room 205 of the State House.

ADJOURNMENT


At 4:28 o'clock P.M. on motion of Representatives Thompson, Lewiss and Kennedy, and as a further mark of respect to the memory of Sylvester Morrone; on motion of Representatives Lewiss and Kennedy, and as a further mark of respect to the memory of Grace Panciera and John Cucla; on motion of Representative Hogan, and as a further mark of respect to the memory of Robert Summerville; on motion of Representative Voccola, and as a further mark of respect to the memory of Mario Russillo, on motion of Representative Hetherington, and as a further mark of respect to the memory of Lucy Savigne, Augustine W. Smith, and Kenneth A. Hanover; on motion of Representative Lima, and as a further mark of respect to the memory of Anthony Travisano, Nancy DiCostanzo and Domenic Fiorenzano; seconded by Representatives Martineau and Quick, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION


REPRESENTATIVE JOHN J. THOMPSON

Heavenly Father, look with favor on our deliberation and assist us by your grace to do what is just and wise. Amen.

TRANSMITTED TO THE GOVERNOR


(01-S 186) An Act validating and ratifying amendments to the home rule charter of the town of East Greenwich.

Appendix



CONSENT CALENDAR


In order for Thursday, March 8, 2001:

1. (01-H 5346) An Act to vacate the forfeiture or revocation of the charter of Soldi Manufacturing, Inc.

Committee on Corporations recommends passage.

2. (01-H 5421) An Act relating to taxation -new real estate construction - Tiverton.

Committee on Corporations recommends passage.

3. (01-H5342) An Act validating and ratifying amendments to the home rule charter of the town of Smithfield.

Committee on Corporations recommends passage.

4. (99-S168) An Act reinstating and restoring forfeited or revoked corporate charters.

Committee on Corporations recommends passage in concurrence.

Appendix



CONSENT CALENDAR


In order for Tuesday, March 13, 2001:

1. (01-S 152) An Act relating to the Charlestown Fire District.

Committee on Corporations recommends passage in concurrence.

2. (99-S3) An Act relating to levy and assessment of local taxes.

Committee on Corporations recommends passage in concurrence.

LOUIS D'ANTUONO
Clerk of the House

Wednesday, March 7, 2001

Appendix



CALENDAR


In order for Thursday, March 8, 2001:

1. (01-H6099) An Act relating to the General Assembly - establishing a permanent joint committee.

Committee on Finance recommends passage.

2. (01-H5783) An Act relating to insurance.

Committee on Corporations recommends passage.

Appendix



CALENDAR


In order for Tuesday, March 13, 2001:

1. (01-H 5403) An Act relating to Plum Beach Lighthouse.

Committee on Corporations recommends passage.

LOUIS D'ANTUONO
Clerk of the House

Wednesday, March 7, 2001



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