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 fourth day of January in the year of Our Lord two thousand.
Volume 127, No. 6 Wednesday, January 12, 2000 Fifth Day


The House of Representatives meets at the State House in Providence, Wednesday, January 12, 2000, and is called to order at 4:19 o'clock P.M., by the Honorable John B. Harwood, Speaker.

The roll is called and a quorum is declared present with 96 members present and 4 members absent as follows:

PRESENT - 96; The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, 5., Barr, Benoit, Benson, Bramley, Burlingame, Callahan, Cambio, Caprio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Crowley, Dennigan, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Gorham, Heffner, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kelley, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, 0., Lewiss, Lima, Long, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Millard, Montanaro, Moura, Mumford, Munschy, Murphy, Naughton, Palangio, Palumbo, Picard, Fires, Pisaturo, Rabideau, Reilly, Rose, Russo, San Bento, Savage, Schadone, Scott, Shavers, Sherlock, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

ABSENT - 4; Representatives Anderson, M., DeSimone, Ginaitt, Quick.

INVOCATION



The Honorable Speaker presents Representative Scott, 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 Tuesday, January 11, 2000, is approved as printed.

ANNOUNCEMENT


Representative Mabel Anderson will be unable to attend session today, January 12, 2000.


COMMUNICATION FROM THE SENATE


A message from the Honorable Senate transmits with announcement of passage, of the following measure: (00-S 2041) An Act reinstating and restoring forfeited or revoked corporate charters.

Read and referred to the Committee on Corporations.

REPORTS OF COMMITTEE


COMMITTEE ON JUDICIARY


Representative Flaherty, for the Committee on Judiciary, reports back the following measures, with recommendation of passage: (2000-H 6757) An Act creating a permanent standing House Committee on education accountability.

Received and ordered to be placed on the Calendar. (2000-H 6758) An Act creating a permanent standing House Committee on accountability in relation to all aspects of the environment and the conservation and use of the natural resources of the state.

Received and ordered to be placed on the Calendar.


NEW BUSINESS


Representatives Giannini, Cambio, Carpenter, Palangio, Fox and Abdullah-Odiase introduce (2000-H 6805) An Act relating to health insurance coverage.

Read and referred to the Committee on Corporations.

Representatives Benson, Carter, Henseler, Shavers, Almeida and several other members of the House introduce (2000-H 6806) An Act relating to personal income tax.

Read and referred to the Committee on Finance.

Representatives Giannini, Cambio, Carpenter, Palangio and Carter introduce (2000-H 6807) An Act relating to health insurance coverage.

Read and referred to the Committee on Corporations.

Representatives Giannini, McCauley, Palangio, Fox, Carter and Abdullah-Odiase introduce (2000-H 6808) An Act relating to cities and towns.

Read and referred to the Committee on Corporations.

Representatives Giannini, McCauley, Carpenter, Palangio and Coelho introduce (2000-H 6809) An Act relating to nonprofit organizations.

Read and referred to the Committee on Corporations.

Representative Faria introduces (2000-H 6810) An Act relating to payment of wages.

Read and referred to the Committee on Labor.

Representative Faria introduces (2000-H 6811) An Act relating to municipal detention facilities.

Read and referred to the Committee on Judiciary.

Representative Faria introduces (2000-H 6812) An Act relating to housing maintenance and occupancy.

Read and referred to the Committee on Judiciary.

Representatives Moura and Faria introduce (2000-H 6813) An Act relating to public property and works.

Read and referred to the Committee on Labor.

Representatives Moura and Palumbo introduce (2000-H 6814) An Act relating to state affairs and government - Law Enforcement Officers' Bill of Rights.

Read and referred to the Committee on Judiciary.

Representatives Moura and Palumbo introduce (2000-H 6815) An Act relating to towns and cities relief of injured and deceased fire fighters and police officers.

Read and referred to the Committee on Finance.

Representative Faria introduces (2000-H 6816) An Act relating to businesses and professions -electricians.

Read and referred to the Committee on Labor.

Representative Faria introduces (2000-H 6817) An Act relating to teachers' retirement.

Read and referred to the Committee on Finance.

Representative Faria introduces (2000-H 6818) House Resolution creating a permanent House Commission to study the sport of boxing.

Read and referred to the Committee on Labor.

Representative Faria introduces (2000-H 6819) An Act relating to employment security -employment security.

Read and referred to the Committee on Labor.

Representative Faria introduces (2000-H 6820) An Act relating to businesses and professions professional regulation.

Read and referred to the Committee on Finance.

Representative Faria introduces (2000-H 6821) An Act relating to public assistance.

Read and referred to the Committee on Finance.

Representatives Pisaturo, Smith, Hogan and McNamara introduce (2000-H 6822) Joint Resolution respectfully requesting the Joint Commit-tee on Legislative Services to provide comfortable hearing rooms for each legislative committee.

Read and referred to the Committee on Finance.

Representatives Lanzi and Cambio introduce (2000-H 6823) An Act relating to disabled American veterans - educational benefits.

Read and referred to the Committee on Finance.

Representatives Giannini, Cambio, Flaherty, Shavers and Thompson introduce (2000-H 6824) An Act relating to delinquent and dependent children - proceedings in Family Court.

Read and referred to the Committee on Judiciary.

Representative Faria introduces (2000;H 6825) An Act relating to motor vehicles - registration of vehicles.

Read and referred to the Committee on Finance.

Representatives Barr, Menard, Reilly, Iwuc, McCauley and several other members of the House introduce (2000-H 6826) An Act authorizing the issuance of bonds and notes of the state for the purpose of financing the Narragansett Bay Commission's combined sewer overflow abatement program.

Read and referred to the Committee on Corporations.

Representatives Giannini, Cambio, Carpenter, Corvese and Simonian introduce (2000-H 6827) An Act relating to criminal procedure- sentence and execution.

Read and referred to the Committee on Judiciary.

Representatives Long and Callahan introduce (2000-H 6828) House Resolution respectfully requesting the Department of Transportation to conduct a traffic study in the town of Middletown.

Representative Long requests unanimous consent for immediate consideration.

There is no objection.

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

Representative Hogan introduces (2000-H 6829) An Act to vacate the forfeiture or revocation of the charter of Portuguese American Social and Athletic Club of Georgiaville, R.I.

Representative Hogan requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Hogan, seconded by Representative San Bento, and by unanimous consent, on a roll call vote, 77 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 77; The Honorable Speaker Harwood and Representatives Abdullah.Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, S., Barr, Benoit, Benson, Burlingame, Callahan, Cambio, Caprio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, Faria, Flaherty, Fleury, Fox, Garvey, George, Giannini, Heffner, Henseler, Hogan, Iwuc, Kelley, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, G., Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Millard, Montanaro, Moura, Mumford, Munschy, Palangio, Palumbo, Pisaturo, Rabideau, Rose, Russo, San Bento, Savage, Schadone, Scott, Shavers, Sherlock, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Watson, Williams, Winfield.

NAYS -0.

TRANSMITTAL



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

REQUEST


Representative Garabedian requests a House Resolution be placed on Tuesday's Calendar.

There is no objection.


NEW BUSINESS


Representatives Garabedian, McNamara, Shavers, Jacquard, Benson and several other members of the House introduce (2000-H 6830) House Resolution respectfully requesting the Rhode Island Attorney General investigate the composition of the Board of Directors of Harvard Pilgrim Health Care of New England, Inc.

Received and ordered to be placed on the Calendar.


POINT OF INFORMATION


Representative Henseler rises on a point of information in regards to Representative Garabedian's request.

By unanimous consent, the House refers back to New Business.


NEW BUSINESS


The Honorable Speaker Harwood and Representatives Martineau, Ferguson and Picard introduce (2000-H 6831) House Resolution congratulating Rhode Island native Davey Lopes on being named the Manager of the Milwaukee Brewers.

The Honorable Speaker Harwood and Representative Martineau request unanimous consent for immediate consideration.

There is no objection.

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

RECONSIDERATION
From the Desk is taken: (2000-H 6704 as amended) An Act relating to the General Assembly Fire Safety Issues Commission.

Representative Lowe moves to reconsider (2000-H 6704 as amended), seconded by Representatives Martineau, Picard and Jacquard.

There is no objection.

By unanimous consent, Representative Lowe, seconded by Representatives Picard, Giannini, Burlingame, Lanzi, Montanaro and Smith, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(2000-H 6704 as amended)


Mr. Speaker:

I hereby move to amend (2000-H 6704 as amended) entitled "AN ACT RELATING TO THE
GENERAL ASSEMBLY


FIRE SAFETY ISSUES COMMISSION" as follows: By deleting all of the language following the enactment clause and inserting in place thereof the following: SECTION 1. Title 22 of the General Laws entitled "General Assembly" is hereby amended by adding thereto the following chapter: CHAPTER 18 COMMISSION ON FIRE SAFETY ISSUES 22-18-1. ESTABLISHMENT OF COM MISSION ON FIRE SAFETY ISSUES PURPOSE - MEMBERSHIP. - (a) There is hereby established a commission on fire safety issued to study and investigate fire safety and related issued in this state. The study and investigation shall include, but not be limited to, the following:

(1) The need for, and possible location of and means of both acquiring and developing, a permanent site for the state fire academy; and

(2) Means and methods of community outreach for fire safety programs and related fire safety education. (b) The commission shall consist of nine--teen (19) members, all of whom shall be citizens and residents of the state: four (4) of whom shall be members of the house of representatives, not more than three (3) from the same political party, to be appointed by the speaker of the house; four (4) of whom shall be members of the senate, not more then three (3) from the same political party, to be appointed by the majority leader; two (2) of whom shall be representatives from the insurance industry, one (1) member to be appointed by the speaker of the house and one to be appointed by the senate majority leader; one (1) of whom shall be from the fire chief's association to be appointed by the speaker of the house; one (1) member from the state fire academy to be appointed by the speaker of the house; the state fire marshal or his or her designee; two (2) members from the state association of firefighters possessing the qualifications found in subsection (c) below to be appointed by the speaker of the house; one (1) member who shall be a full-time fire chief of department from a department with more than one hundred (100) members, possessing the qualifications found in subsection (c) below to be appointed by the speaker of the house; one (1) member who shall be a full-time fire chief of department from a department with one hundred (100) members or less, possessing the qualifications found in subsection (c) below to be appointed by the speaker of the house; one (1) member who shall be a volunteer fire chief of department to be appointed by the speaker of the house; and one (1) member from the governor's office to be appointed by the governor. (c) Those non-legislative members of the commission required under subsection (b) to have certain qualifications pursuant to this subsection shall possess the following minimum qualifications: (i) Be a state certified NFPA 1041 instructor; or (ii) Be a specialty and/or adjunct instructor, at the college level, in any fire service discipline. (d) The legislative members shall serve so long as they shall remain members of the house from which they were appointed and until their successors are appointed and qualified; the state fire marshal shall serve so long as he or she holds office and until a successor is appointed and qualified; all other members shall serve at the pleasure of the appointing authority and until their successors are appointed and qualified. (e) Any vacancy on the commission shall be filled by the appointing authority in the same manner as the original appointment. (f) The members shall annually elect, by majority vote, one (1) of their members as chairperson, one (1) of their members as vice-chairperson and one (1) of their members as secretary. (g) The commission shall from time to time and at least annually report to the general assembly and the governor on its findings and the result of its studies and make such recommendations to the general assembly and propose such legislation or initiate such studies as it shall deem advisable. The first such report shall be made prior to May 1, 2000. SECTION 2. This act shall take effect upon passage.

Respectfully submitted,

ROBERT B. LOWE

Representative District 61

The motion to amend is read and prevails on a roll call vote, 90 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 90: The Honorable Speaker Harwood and Representatives Abdullah.Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, S., Barr, Benoit, Benson, Bramley, Burlingame, Callahan, Cambio, Caprio, Carpenter, Carter, Cicilline, Coderre, Corvese, Costantino, Crowley, Dennigan, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kelley, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Millard, Montanaro, Moura, Mumford, Munschy, Murphy, Naughton, Palangio, Palumbo, Picard, Fires, Pisaturo, Rabideau, Reilly, Rose, Russo, San Bento, Savage, Schadone, Scott, Shavers, Sherlock, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS -0.

Read and passed, as amended,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, S., Barr, Benoit, Benson, Bramley, Burlingame, Callahan, Cambio, Caprio, Carpenter, Carter, Cicilline, Coderre, Corvese, Costantino, Crowley, Dennigan, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kelley, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C.. Levesque, G., Lewiss, Lima, Long, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Millard, Montanaro, Moura, Mumford, Munschy, Murphy, Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Rabideau, Reilly, Rose, Russo, San Bento, Savage, Schadone, Scott, Shavers, Sherlock, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS -0.

TRANSMITTAL



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

GUESTS


The Honorable Speaker welcomes to the House Chambers as a guest, Davey Lopes, the newly named Manager of the Milwaukee Brewers.

Representatives Costantino, Savage, Williams, Abdullah-Odiase, Lopes, Pires and Jacquard welcome Davey Lopes to the House.

Also:

Representatives Moura and Williams welcome to the House as guests members of Local 1199.

ANNOUNCEMENT


Representative Fox announces that the Joint Committee on Finance will meet today at the rise of the House for the Providence River Dredging Project in Room 35 of the State House.

ADJOURNMENT


At 4:52 o'clock P.M. on motion of Representative Inman, and as a further mark of respect to the memory of Frank Jendzejec; on motion of Representative Faria, and as a further mark of respect to the memory of Carlos Aguier; on motion of Representative Benson, and as a further mark of respect to the memory of Virginia Albro; seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION


REPRESENTATIVE JOSEPH H. SCOTT

Thank you God for Your presence here with us and Your blessings on this Assembly today and every day.Amen.



Appendix



CALENDAR


In order for Tuesday, January 18, 2000:

1. (2000-H 6830) House Resolution respectfully requesting the Rhode Island Attorney General investigate the composition of the Board of Directors of Harvard Pilgrim Health Care of New England, Inc. Ordered on the Calendar.

Appendix



CALENDAR


In order for Wednesday, January 19, 2000:

1. (2000-H 6757) An Act creating a permanent standing House Committee on education accountability.

Committee on Judiciary recommends passage.

2. (2000-H 6758) An Act creating a permanent standing House Committee on accountability in relation to all aspects of the environment and the conservation and use of the natural resources of the state.

Committee on Judiciary recommends passage.

LOUIS D'ANTUONO
Reading Clerk
Wednesday, January 12, 2000



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