HOUSE JOURNALS - Thursday, March 8, 2001

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. 22 Thursday, March 8, 2001 Twenty-second Day

The House of Representatives meets at the State House in Providence, Thursday, March 8, 2001, and is called to order at 4:04 o'clock P.M., by the Honorable John 0. Harwood, Speaker.

The roll is called and a quorum is declared present with 89 members present and 10 members absent as follows;

PRESENT - 89: The Honorable Speaker Harwood and Representatives Abdullah(Odiase, Aiken, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, Callahan, Cambio, Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, Faria, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Simonian, Slater, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williamson, Winfield.

ABSENT - 10: Representatives Ajello, Almeida, Burlingame, DeSimone, Flaherty, Moura, Quick, Sherlock, Smith, Williams.

INVOCATION

The Honorable Speaker presents Representative Vieira, who delivers the Invocation and leads the membership in the Pledge of Allegiance to the Flag.

(For Invocation, see Appendix, this Journal.)

APPROVAL OF RECORD

By unanimous consent, the House Journal of Wednesday, March 7, 2001, is approved as printed.

ANNOUNCEMENT

Representative San Bento will be unable to attend session today, March 8, 2001, due to the death of his father.

GUESTS

Representative 5. Anderson welcomes to the House Chambers as guests Caitlin Roberti, voted Miss Ireland by the Friendly Sons of St. Patrick, and her mother, Mrs. Maureen Roberti.

Also;

Representative Gorham welcomes to the House Chambers as a guest Roy Gibbs.

COMMUNICATION FROM THE SENATE

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

(01-S 478 as amended) An Act relating to insurance - workers' compensation insurance.

Read and referred to the Committee on Labor.

(01-S 400) An Act relating to towns and cities. Representative Scott requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, in concurrence, on motion of Representative Scott, seconded by Representatives George, Carter and Shanley, on a roll call vote, 78 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS 78: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, Callahan, Cambio, Caprio, Carroll, Cerra, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, Fleury, Gallison, Garvey, George, Giannini, Gorham, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, McNamara, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Pisaturo, Rabideau, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Wasylyk, Watson, Williamson, Winfield.

NAYS -0.

Representative George requests to hold the act on the desk.

There is no objection.

REPORTS OF COMMITTEES TRANSFER OF BILLS

Representative Kennedy, for the Committee on Corporations, reports back the following measures, with recommendation of transfer to the Committee on Finance:

(01-H 5771) An Act relating to police and firefighters.

Received and referred to the Committee on Finance.

(01-H 6009) An Act relating to insurance -holocaust victims.

Received and referred to the Committee on Finance.

(01-H 5802) House Resolution relating to indebtedness of towns and cities - pension fund refinancing.

Received and referred to the Committee on Finance.

(01-H 5803) An Act relating to freeze on property tax - city of Providence.

Received and referred to the Committee on Finance.

Representative Kennedy, for the Committee on Corporations, reports back the following measure, with recommendation of transfer to the Committee on Health, Education and Welfare:

(01-H 5795) An Act relating to insurance.

Received and referred to the Committee on Health, Education and Welfare.

Representative Kennedy, for the Committee on Corporations, reports back the following measure, with recommendation of transfer to the Committee on Judiciary:

(01-H 5984) An Act relating to fiduciaries.

Received and referred to the Committee on Judiciary.

Representative Kennedy, for the Committee on Corporations, reports back the following measure, with recommendation of transfer to the Committee on Special Legislation:

(01-H 5986) An Act relating to zoning ordinances - accessory family unit of disabled person or one on Social Security.

Received and referred to the Committee on Special Legislation.

Representative Cambio, for the Committee on Health, Education and Welfare, reports back the following measures, with recommendation of transfer to the Committee on Finance:

(01-H 5904) An Act relating to licensing and monitoring of child care providers.

Received and referred to the Committee on Finance.

(01-H 5893) An Act relating to health and safety - office of women's health.

Received and referred to the Committee on Finance.

(01-H 5874) An Act relating to abused and neglected children.

Received and referred to the Committee on Finance.

(01-H 5897) An Act relating to human services - health care for families.

Received and referred to the Committee on Finance.

(01-H 5892) An Act relating to the breast cancer act.

Received and referred to the Committee on Finance.

Representative W.J. Murphy, for the Committee on Judiciary, reports back the following measures, with recommendation of transfer to the Committee on Health, Education and Welfare:

(01-H 5994) An Act relating to health and safety.

Received and referred to the Committee on Health, Education and Welfare.

(01-H 5440) An Act relating to motor vehicles - parking facilities and privileges.

Received and referred to the Committee on Health, Education and Welfare.

NEW BUSINESS

Representative Simonian introduces (01-H 6181) Joint Resolution making an appropriation of $1650.35 to pay the claim of Robin Furcolo of 117 Arcadia Road, Hope Valley, Rhode Island 02832.

Read and referred to the Joint Committee on Accounts and Claims.

Representative Simonian introduces (01-H 6182) Joint Resolution to consider various claims.

Read and referred to the Joint Committee on Accounts and Claims.

Representatives Voccola and Moran introduce (01-H 6183) An Act relating to insurance coverage for mental illness.

Read and referred to the Committee on Corporations.

Representatives Lally, Shanley, Aiken and Anguilla introduce (01-H 6184) An Act relating to fish and wildlife - licensing.

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

Representative Gorham introduces (01-H 6185) An Act relating to bridle and hiking trails.

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

Representatives Garvey and Maher introduce (01-H 6186) An Act relating to mental health, retardation and hospitals - licensing of facilities and programs.

Read and referred to the Committee on Finance.

Representative George introduces (01-H 6187) An Act relating to taxation - business corporation tax.

Read and referred to the Committee on Finance.

Representative Ginaitt introduces (01-H 6188) An Act relating to health and safety - rights of the terminally ill.

Read and referred to the Committee on Health, Education and Welfare.

Representatives Ginaitt, 5. Anderson and San Bento introduce (01-H 6189) An Act relating to motor and other vehicles - miscellaneous rules.

Read and referred to the Committee on Health, Education and Welfare.

Representatives Lima, George, Reilly and Picard introduce (01-H 6190) An Act relating to family independence act.

Read and referred to the Committee on Health, Education and Welfare.

Representatives Cicilline, W.J. Murphy, Lima, Moura and Slater introduce (01-H 6191) An Act relating to food and drugs - uniform controlled substances act.

Read and referred to the Committee on Judiciary.

Representatives Lanzi and Bierman introduce (01-H 6192) An Act relating to alcoholic beverages - retail licenses.

Read and referred to the Committee on Special Legislation.

Representative Kilmartin introduces (01-H 6193) An Act relating to monuments and memorials.

Read and referred to the Joint Committee on Veterans Affairs.

Representatives Martineau and Watson introduce (01-H 6194) House Resolution extending congratulations.

Representative Martineau requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Martineau, seconded by the entire House of Representatives, and by unanimous consent, on a voice vote.

Representatives Martineau and Watson introduce (01-H 6195) House Resolution extending condolences.

Representative Martineau requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Martineau, seconded by the entire House of Representatives, and by unanimous consent, on a rising vote.

NOTICES OF BILL/RESOLUTION
INTRODUCTION

Representative Corvese gives notice that on the next legislative day he will introduce a measure concerning health care.

This notice is given in compliance with House Rule 42.

ARTHUR J. CORVESE
Representative, District 71

Received and ordered to be placed on file.

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

This notice is given in compliance with House Rule 42.

EILEEN S. NAUGHTON
Representative, District 32

Received and ordered to be placed on file.

Representative Rabideau gives notice that on the next legislative day he will introduce a measure concerning sales tax.

This notice is given in compliance with House Rule 42.

SCOTT P. RABIDEAU
Representative, District 60

Received and ordered to be placed on file.

Representative Carter gives notice that on the next legislative day he will introduce a measure concerning revocation of the charter of S&K Realty Inc.

This notice is given in compliance with House Rule 42.

KENNETH CARTER
Representative, District 46

Received and ordered to be placed on file.

Representative Carter gives notice that on the next legislative day he will introduce a measure concerning reorganization of sheriff/marshals.

This notice is given in compliance with House Rule 42.

KENNETH CARTER
Representative, District 46

Received and ordered to be placed on file.

Representative Carter gives notice that on the next legislative day he will introduce a measure concerning joint municipal planning commission.

This notice is given in compliance with House Rule 42.

KENNETH CARTER
Representative, District 46

Received and ordered to be placed on file.

CALENDAR

From the Calendar are taken:

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

Committee on Finance recommends passage.

Representative Giannini moves passage of the act, seconded by Representatives Rose, Bierman, McNamara, Lewiss, Ginaitt, Dennigan, Henseler, Benson, Coelho and Sullivan.

Representatives Levesque and Giannini discuss the act.

Representative Fleury rises on a point of order for the amendment discussed in committee to be brought to the floor.

Representative Fleury requests to place the act at the bottom of the Calendar.

Read and by unanimous consent ordered to be placed on the bottom of today's Calendar as item 2A.

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

Committee on Corporations recommends passage.

Representative Lewiss moves passage of the act, seconded by Representatives Rabideau, Long, Coelho and Shanley.

Representatives Levesque and Lewiss discuss the act.

Read and passed, on a roll call vote, 74 members voting in the affirmative and 1 member voting in the negative as follows:

YEAS 74: The Honorable Speaker Harwood and Representatives Abdullah.Odiase, Aiken, Amaral, Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, Callahan, Caprio, Carter, Cerra, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, Faria, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Knickle, Lally, Lanzi, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Moran, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palumbo, Picard, Pisaturo, Rabideau, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Simonian, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Watson, Winfield.

NAYS - 1: Representative Levesque.

2A. (01-H 6099) An Act relating to the General Assembly - establishing a permanent joint committee.

Committee on Finance recommends passage.

The act has been moved and seconded supra.

By unanimous consent, Representative Giannini, seconded by Representatives Fox, McNamara, S. Anderson and Coelho, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(01-H 6099)

Mr. Speaker:

I hereby move to amend (01-H 6099) entitled "AN ACT RELATING TO THE GENERAL ASSEMBLY

ESTABLISHING A PERMANENT JOINT COMMITTEE" as follows:

(1) On page 2, line 14 by inserting the following language after the word "development." "Provided, however, the joint committee shall not act on any bill that has a fiscal impact. The joint committee shall transfer any bill with a fiscal impact to the finance committee of the branch of the legislature from which the bill originated."

Respectfully submitted,

DONALD 0. REILLY, JR.
Representative, District 67

Representatives Benson, S. Anderson, Watson and Martineau discuss the amendment.

The motion to amend is read and prevails on a roll call vote, 78 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 78: The Honorable Speaker Harwood and Representatives Abdullah.Odiase, Aiken, Amaral, Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, Callahan, Cambio, Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Corvese, Costantino, Crowley, Dennigan, Faria, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Montanaro, Moran, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Rabideau, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Slater, Sullivan, Tejada, Thompson, Trillo, Vieira, Watson, Williamson, Winfield.

NAYS -0.

Representative Levesque discusses the act.

Read and passed, as amended, on a roll call vote, 76 members voting in the affirmative and 4 members voting in the negative as follows:

YEAS - 76: The Honorable Speaker Harwood and Representatives Abdullah.Odiase, Aiken, Amaral, Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, Cambio, Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, Faria, Fleury, Fox, Gallison, Garvey, Giannini, Ginaitt, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Knickle, Lally, Lanzi, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Montanaro, Moran, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Pisaturo, Rabideau, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Simonian, Slater, Story, Sullivan, Tejada, Thompson, Vieira, Wasylyk, Watson, Williamson, Winfield.

NAYS - 4: Representatives Callahan, Gorham, Levesque, Trillo.

CONSENT CALENDAR

From the Consent Calendar are taken:

1. (01-H5346) An Act to vacate the forfeiture or revocation of the charter of Soldi Manufacturing, Inc.

Committee on Corporations recommends passage.

2. (01-H5421) 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 pas sage in concurrence.

The Consent Calendar is read and passed, item 4 in concurrence, on motion of Representative Martineau, seconded by Representative Watson, and by unanimous consent, on a voice vote.

TRANSMITTAL

By unanimous consent, all matters on the Clerk's desk, with the exception of (01-S 400), are ordered to be transmitted to His Excellency, the Governor, and to the Honorable Senate forthwith.

ANNOUNCEMENTS

Representative Kennedy announces that the Committee on Corporations will meet Tuesday, March 13, 2001 and Wednesday, March 14, 2001 at the rise of the House in Room 203 of the State House.

Also:

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 Dennigan announces that the Committee on Finance, Subcommittee on Health and Human Services will meet today at the rise of the House in Room 35 of the State House.

ADJOURNMENT

At 4:39 o'clock P.M. on motion of the Honorable Speaker Harwood, Majority Leader Martineau and Representative Henseler, and as a further mark of respect to the memory of William San Bento, Sr., father of Representative San Bento; on motion of Representative Giannini, and as a further mark of respect to the memory of Isabel Glavin; seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix

INVOCATION

REPRESENTATIVE WILLIAM D. VIEIRA, SR.

Lord, we have been sent to these positions of responsibility by the people. Make us mindful that we are their servants. Give us the wisdom and energy to serve them honestly and well. Amen.

TRANSMITTED TO THE GOVERNOR

(01-S 168) An Act reinstating and restoring forfeited or revoked corporate charters.

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

Thursday, March 8, 2001

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 Thursday, March 8, 2001

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