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. 8 Wednesday, January 19, 2000 Eighth Day


The House of Representatives meets at the State House in Providence, Wednesday, January 19, 2000, and is called to order at 4:08 o'clock P.M., by the Honorable John B. Harwood, Speaker.

The roll is called and a quorum is declared present with 100 members present and 0 members absent as follows:

PRESENT - 100: The Honorable Speaker Harwood and Representatives Abdullah.Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, 5., Barr, Benoit, Benson, Bramley, Burlingame, Callahan, Cambio, Caprio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Ginaitt, Gorham, He~er, 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, Fires, Pisaturo, Quick, Rabideau, Reilly, Rose, Russo, San Bento, Savage, Schadone, Scott, Shavers, Sherlock, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

ABSENT- 0.

INVOCATION



The Honorable Speaker presents Representative Giannini, 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 18, 2000, is approved as printed.

REPORTS OF COMMITTEE
TRANSFER OF BILLS


Representative Kennedy, for the Committee on Corporations, reports back the following measures, with recommendation of transfer to the Committee on Labor: (2000-H 6760) An Act relating to Sunday business pharmacies.

Received and referred to the Committee on Labor. (2000-H 6862) An Act relating to health and safety - safety and health programs for fire departments.

Received and referred to the Committee on Labor.

Representative Kennedy, for the Committee on Corporations, reports back the following measures, with recommendation of transfer to the Committee on Finance: (2000-H 6808) An Act relating to cities and towns.

Received and referred to the Committee on Finance. (2000-H 6809) An Act relating to nonprofit organizations.

Received and referred to the Committee on Finance.

ANNOUNCEMENT


Representative Aiken introduces to the House Chambers her intern Hayley M. Feyre, a senior at Providence College.


NEW BUSINESS


Representatives Sherlock, Montanaro, Abdullah-Odiase, Moura, Shavers and several other members of the House introduce (2000-H 6904) An Act relating to labor and labor relations - minimum wages.

Read and referred to the Committee on Labor.

Representative Kilmartin introduces (2000-H 6906) An Act relating to courts and civil procedure - courts - court administration.

Read and referred to the Committee on Judiciary.

Representative Kilmartin introduces (2000-H 6906) An Act relating to perjury and false swearing.

Read and referred to the Committee on Judiciary.

Representative Kilmartin introduces (2000-H 6907) An Act relating to motor and other vehicles use of electronic devices.

Read and referred to the Joint Committee on Highway Safety.

Representative Kilmartin introduces (2000-H 6908) An Act relating to General Assembly.

Read and referred to the Committee on Finance.

Representative Cicilline introduces (2000-H 6909) An Act relating to taxation.

Read and referred to the Committee on Corporations. -

Representative Cicilline introduces (2000-H 6910) An Act relating to uniform fraudulent transfer act.

Read and referred to the Committee on Judiciary.

Representative Cicilline introduces (2000-H 6911) An Act relating to causes of action.

Read and referred to the Committee on Judiciary.

Representative Cicilline introduces (2000-H 6912) An Act relating to criminal procedures.

Read and referred to the Committee on Judiciary.

Representative Cicilline introduces (2000-H 6913) An Act relating to labor and labor relations - employment security contributions.

Read and referred to the Committee on Labor.

Representative Cicilline introduces (2000-H 6914) An Act relating to courts and civil procedure - procedure generally.

Read and referred to the Committee on Judiciary.

Representative Cicilline introduces (2000-H 6915) An Act relating to code of ethics.

Read and referred to the Committee on Finance.

Representative Cicilline introduces (2000-H 6916) Joint Resolution to approve and publish and - submit to the electors a proposition of amendment to the Constitution of the State (separation of powers).

Read and referred to the Committee on Special Legislation.

Representative Cicilline introduces (2000-H 6917) An Act relating to courts and civil procedure - courts - mediation.

Read and referred to the Committee on Judiciary.

Representative Cicilline introduces (2000-H 6918) An Act creating a sunset oversight commission.

Read and referred to the Committee on Finance. -

Representatives Voccola, Russo, Murphy and McNamara introduce (2000-H 6919) An Act relating to criminal procedure - bail and recognizance.

Read and referred to the Committee on Judiciary.

Representatives Kennedy, Palangio, Picard, Reilly, Barr and several other members of the House introduce (2000-H 6920) An Act relating to motor and' other vehicles.

Read and referred to the Committee on Finance.

Representatives McNamara and Palumbo introduce (2000-H 6921) An Act relating to corrections department.

Read and referred to the Committee on Judiciary.

Representatives Lanzi, S. Anderson, Montanaro, Lally and Smith introduce (2000-H 6922) An Act relating to motor and other vehicles -suspension or revocation of licenses - violations.

Read and referred to the Committee on Judiciary.

Representatives Lanzi, Williams, Smith, Pisaturo and DeSimone introduce (2000-H 6923) An Act relating to state affairs and government -open meetings.

Read and referred to the Committee on Judiciary.

Representatives Barr and Voccola introduce (2000-H 6924) An Act relating to taxation.

Read and referred to the Committee on Finance.

Representative Inman introduces (2000-H 6925) An Act relating to towns and cities.

Read and referred to the Committee on Corporations.

Representatives Flaherty, Menard and Farrell introduce (2000-H 6926) An Act relating to the corrections department.

Read and referred to the Committee on Judiciary.

Representative Picard introduces (2000-H 6927) An Act relating to education.

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

Representative Picard introduces (2000-H 6928) An Act relating to pharmacy.

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

Representative Picard introduces (2000-H 6929) An Act relating to motor vehicles - air pumps.

Read and referred to the Committee on Corporations.

Representatives Sullivan, Schadone, Coelho, Corvese, Vieira and several other members of the House introduce (2000-H 6930) An Act relating to sales and use taxes - liability and computation.

Read and referred to the Committee on Finance.

Representatives Iwuc, Munschy, Aiken, McNamara, Shavers and Thompson introduce (2000-H 6931) An Act relating to motor and other vehicles.

Read and referred to the Joint Committee on Highway Safety.

Representative Picard introduces (2000-H 6932) Joint Resolution to approve and publish and submit to the electors a proposition of amendment to the Constitution of the State (initiative and referendum).

Read and referred to the Committee on Judiciary.

Representative Picard introduces (2000-H 6933) An Act relating to initiative and referendum.

Read and referred to the Committee on Judiciary.

Representative S. Anderson introduces (2000-H 6934) An Act relating to arbitration of school teacher disputes.

Read and referred to the Committee on Labor.

Representative Picard introduces (2000-H 6935) An Act relating to private schools.

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

Representative Picard introduces (2000-H 6936) An Act relating to delinquent and dependent children.

Read and referred to the Committee on Judiciary.

Representative Picard introduces (2000-H 6937) An Act relating to initiative and referendum.

Read and referred to the Committee on Judiciary.

Representative Picard introduces (2000-H 6938) An Act relating to insurance - comprehensive motor vehicle insurance reparations.

Read and referred to the Committee on Corporations.

Representatives Flaherty, McNamara and San Bento introduce (2000-H 6939) An Act relating to the retirement system - contributions and benefits - correctional officers.

Read and referred to the Committee on Finance.

Representative Inman introduces (2000-H 6940) An Act relating to public officers and employees - code of ethics.

Read and referred to the Committee on Finance.

Representatives Farrell and Faria introduce (2000-H 6941) An Act relating to taxation - real estate nonutilization tax.

Read and referred to the Committee on Corporations.

Representatives Giannini, Ginaitt, Benoit, Ajello, Benson and several other members of the House introduce (2000-H 6942) Joint Resolution urging cities and towns to create municipal cancer control task forces.

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

Representatives Savage, Mumford, Fox, Fleury, Malik and several other members of the House introduce (2000-H 6943) An Act relating to taxation - personal income tax.

Read and referred to the Committee on Finance.

Representatives Flaherty, Aiken and Russo introduce (2000-H 6944) An Act relating to commission on judicial tenure and discipline.

Read and referred to the Committee on Judiciary.

Representatives Russo, Voccola, Smith and Cambio introduce (2000-H 6945) House Resolution expressing most profound sympathy on the passing of Ralph aRusso, the Honorable Mayor of Johnston.

Representative Russo requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Lanzi, Smith, Williams, Savage and S. Anderson introduce (2000-H 6946) House Resolution creating a special House Commission to study ergonomics and the feasibility of implementing ergonomics' regulations in the State of Rhode Island.

Representative Lanzi requests unanimous consent for immediate consideration.

There is no objection.

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

CALENDAR


From the Calendar are taken:

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

Committee on Judiciary recommends passage.

Representative Williamson moves passage of the resolution, seconded by Representative Watson.

By unanimous consent, Representative Watson, seconded by Representative Williamson and several other members of the House, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(2000-H 6757)


Mr. Speaker:

I hereby move to amend (2000-H 6757) entitled "HOUSE RESOLUTION CREATING A PERMANENT STANDING HOUSE COMMITTEE ON EDUCATION ACCOUNTABILITY" as follows: On page 1 line 2 by deleting the word and figure "seven (7)" and inserting in place thereof the word and figure "nine (9)". On page 1, line 3 by deleting the word and figure "six (6)" and inserting in place thereof the word and figure "seven (7)". Respectfully submitted, ROBERT A. WATSON

Representative District 43

Representatives C. Levesque, Williamson, Watson, Garabedian and G. Levesque discuss the amendment.

The motion to amend is read and prevails on a roll call vote, 70 members voting in the affirmative and 7 members voting in the negative as follows:

YEAS 70: The Honorable Speaker Harwood and Representatives Abdullah.Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Barr, Benoit, Benson, Burlingame, Caprio, Carter, Cicilline, Coderre, Coelho, Corvese, Crowley, Dennigan, Faria, Farrell, Flaherty, Fleury, Garabedian, George, Giannini, Ginaitt, Gorham, Henseler, Hogan, Jacquard, Kelley, Kennedy, Knickle, Lally, Lanzi, Lima, Long, Lopes, Lowe, Maher, Martineau, McCauley, McNamara, Menard, Millard, Montanaro, Moura, Mumford, Munschy, Naughton, Palangio, Picard, Quick, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shavers, Slater, Sullivan, Thompson, Vieira, Watson, Williams, Williamson, Winfield.

NAYS - 7: Representatives Bramley, Carpenter, Iwuc, Levesque, C., Levesque, G., Malik, Pisaturo.

Representatives Burlingame, Martineau, Williamson, Montanaro, Crowley, Lima and S. Anderson discuss the resolution as amended.

NOW PRESIDING

At 4:45 o'clock P.M. the Honorable Speaker yields the rostrum to the Honorable Deputy Speaker Inman.

CALENDAR




Representatives C. Levesque, Garabedian, Sherlock, Pires, Corvese, Heffner and Bramley discuss the resolution as amended.

Representative Bramley requests a roll call vote on this resolution.

Representative Barr discusses the resolution as amended.

NOW PRESIDING

At 5:28 o'clock P.M. the Honorable Deputy Speaker yields the rostrum to the Honorable Speaker.

CALENDAR




Representatives Smith and DeSimone discuss the resolution as amended. The resolution prevails as amended, on a roll call vote, 80 members voting in the affirmative and 12 members voting in the negative as follows:

YEAS - 80; The Honorable Speaker Harwood and Representatives Abdullah.Odiase, Aiken, Almeida, Anderson, M., Anderson, S., Barr, Benoit, Benson, Caprio, Carpenter, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Crowley, Dennigan, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garabedian, George, Giannini, Ginaitt, Gorham, Heffner, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kelley, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Lewiss, Long, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Millard, Moura, Mumford, Munschy, Murphy, Naughton, Palangio, Palumbo, Picard, Fires, Quick, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shavers, Sherlock, Simonian, Slater, Sullivan, Thompson, Vieira, Watson, Winfield.

NAYS - 12: Representatives Ajello, Amaral, Bramley, Burlingame, DeSimone, Levesque, C., Levesque, G., Lima, Montanaro, Pisaturo, Smith, Wasylyk.

2. (2000-H 6758) House Resolution 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.

Representative Martineau moves passage of the resolution, seconded by Representative Henseler and several other members of the House.

By unanimous consent, Representative Watson, seconded by Representatives Martineau, Henseler and several other members of the House, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(2000-H 6758)


Mr. Speaker:

I hereby move to amend (2000-H 6758) entitled -"HOUSE RESOLUTION 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," as follows: On page 1 line 3 by deleting the word and figure "seven (7)" and inserting in place thereof the word and figure "nine (9)". On page 1, line 4 by deleting the word and figure "six (6)" and inserting in place thereof the word and figure "seven (7)".

Respectfully submitted,

ROBERT A. WATSON

Representative District 43

The motion to amend is read and prevails on a roll call vote, 81 members voting in the affirmative and 6 members voting in the negative as follows:

YEAS - 81: The Honorable Speaker Harwood and Representatives Abdullah.Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Burlingame, Caprio, Carpenter, Carter, Cicilline, Coderre, Cob, Corvese, Costantino, Crowley, Dennigan, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Ginaitt, Gorham, Heffner, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kelley, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Lewiss, Long, Lopes, Lowe, Malik, Martineau, McCauley, McNamara, Menard, Millard, Moura, Mumford, Munschy, Naughton, Palangio, Palumbo, Picard, Pires, Quick, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shavers, Sherlock, Simonian, Slater, Sullivan, Thompson, Vieira, Watson, Winfield.

NAYS - 8: Representatives DeSimone, Levesque, C., Levesque, G., Montanaro, Pisaturo, Smith.

Representatives C. Levesque, Heffner and Montanaro discuss the resolution as amended. The resolution passes as amended, on a roll call vote, 79 members voting in the affirmative and 12 members voting in the negative as follows:

YEAS - 79: The Honorable Speaker Harwood and Representatives Abdullah.Odiase, Aiken, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Caprio, Carpenter, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Crowley, Dennigan, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Ginaitt, Gorham, He~er, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kelley, Kennedy, Kilmartin, Knickle, Lally, Lewiss, Long, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Millard, Moura, Mumford, Munschy, Murphy, Naughton, Palangio, Palumbo, Picard, Pires, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shavers, Sherlock, Simonian, Slater, Sullivan, Thompson, Vieira, Watson, Winfield.

NAYS - 12: Representatives Ajello, Bramley, Burlingame, DeSimone, Lanzi, Levesque, C., Levesque, G., Lima, Montanaro, Pisaturo, Smith, Wasylyk.

REQUEST


Representative Montanaro requests the journal to reflect that if he had voted correctly on the amendment to (2000-H 6758), he would have voted in the affirmative.

There is no objection.

GUESTS


Representative Lewiss welcomes to the House Chambers as guests Mary Jane Di Maio, Westerly Town Councilor, and Rita Deane, Hopkinton Tax Collector.

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.

ADJOURNMENT


At 5:52 o'clock P.M. on motion of Representative Martineau, seconded by Representative Scott, the House adjourns, on a voice vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION


REPRESENTATIVE JOANNE M. GIANNINI



Almighty God, bless those who serve in this House. Inspire us with Your truth, and fill us with Your grace. Amen.





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