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. 11
Tuesday, February 1, 2000
Eleventh Day
The House of Representatives meets at the State House in Providence, Tuesday, February 1, 2000, and is called to order at 4:09 o'clock P.M., by the Honorable Edward S. Inman, III, Deputy Speaker.
The roll is called and a quorum is declared present with 94 members present and 5 members absent as follows:
ABSENT - 5: The Honorable Speaker Harwood and Representatives Almeida, Carter, Lowe, Sherlock.
INVOCATION
The Honorable Deputy Speaker presents Representative Benson, 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, January 27, 2000, is approved as printed.
COMMUNICATION
The Honorable Deputy Speaker announces the receipt of the following communication:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
HOUSE OF REPRESENTATIVES
January 26, 2000
The Honorable John Harwood Speaker of the House State House Room 323 Providence, RI 02803
The Honorable Gerard M. Martineau Majority Leader State House Room 323 Providence, RI 02803
Dear Speaker Harwood and Leader Martineau:
After careful consideration of my actions and further reflection on our discussions, I hereby resign my position as state representative of District 73 effective immediately.
I wish to express to Michelle, my family, my constituents, my colleagues in the House of Representatives and to you my personal apology for my actions on New Year's Day. I am seeking professional counseling for domestic abuse, alcohol abuse and anger management. I am hopeful that this counseling will help me to change those personal flaws that resulted in this unfortunate incident.
It has been an honor and privilege to serve the citizens of Central Falls for the past four years. However, I fell I can no longer be effective in this office and best represent the interests of my constituents. I owe it to myself and my family to give my full attention to addressing my problems and to successfully turn my life around. By resigning, I am hoping to begin making amends for what I have done to the people that I love and to my colleagues in the Rhode Island General Assembly.
Sincerely,
MICHAEL FARRELL
State Representative
Received and ordered to be placed on file.
ANNOUNCEMENTS
Representative Almeida will be unable to attend session on February 1 and 2.
Also:
Representative Carter will be unable to attend session today, February 1, 2000.
NEW BUSINESS
Representatives Russo, Garabedian, Voccola, Lanzi, Cambio and Smith introduce (2000-H 7108) An Act relating to Rhode Island Resource Recovery Corporation.
Read and referred to the Committee on Corporations.
Representatives Russo, Lewiss, Voccola, Lanzi, Garabedian, Cambio and Smith introduce (2000-H 7109) House Resolution creating a special House commission to study alternate sites for a landfill.
Read and referred to the Joint Committee on Environment and Energy.
Representatives Abdullah-Odiase, Slater, Shavers, Benoit, Williams and several other members of the House introduce (2000-H 7110) An Act relating to public assistance - food stamp program.
Read and referred to the Committee on Finance.
Representatives Abdullah-Odiase, Slater, Shavers, Benoit, Benson and several other members of the House introduce (2000-H 7111) An Act relating to public assistance - food stamp program.
Read and referred to the Committee on Finance:
Representatives Moura, Reilly, McCauley and Palumbo introduce (2000-H 7112) An Act relating to public finance - state funds.
Read and referred to the Committee on Finance.
Representatives Heffner, Ginaitt, C. Levesque, Crowley and Lewiss introduce (2000-H 7113) An Act relating to relating to waters and navigation - coastal and estuary habitat restoration program and trust fund.
Read and referred to the Committee on Finance.
Representative San Bento introduces (by request) (2000-H 7114) An Act relating to preliminary proceedings in district courts.
Read and referred to the Committee on Judiciary.
Representative San Bento introduces (by request) (2000-H 7115) An Act relating to food and drugs - uniform controlled substances act.
Read and referred to the Committee on Judiciary.
Representatives Hogan, Winfield, Lally and McNamara introduce (2000-H 7116) An Act relating to the Department of Transportation.
Read and referred to the Committee on Judiciary.
Representatives Russo and Voccola introduce (2000-H 7117) An Act relating to taxation.
Read and referred to the Committee on Finance.
Representatives Russo and Voccola introduce (2000-H 7118) An Act relating to motor and other vehicles - equipment and accessories generally.
Read and referred to the Committee on Health, Education and Welfare.
Representatives Lanzi, S. Anderson, Kilmartin, Williams, Smith and Russo introduce (2000-H 7119) An Act relating to motor vehicle offenses.
Read and referred to the Committee on Judiciary.
Representatives Russo, Voccola, Flaherty, Smith, Williamson and Murphy introduce (2000-H 7120) An Act relating to relief of fIrefighters and police officers.
Read and referred to the Committee on Finance.
Representatives Menard, Faria, Carter, Barr and Reilly introduce (2000-H 7121) An Act relating to sales and use taxes.
Read and referred to the Committee on Finance.
Representatives Moura, Reilly, Barr, Benson and Ferguson introduce (2000-H 7122) An Act relating to taxation.
Read and referred to the Joint Committee on Veterans Affairs.
Representative Moura introduces (2000-H 7123) An Act relating to taxation - tax incentive for new home builders.
Read and referred to the Committee on Finance.
Representatives McNamara, Smith and Reilly introduce (by request of the Lieutenant Governor) (2000-H 7124) An Act relating to curriculum.
Read and referred to the Committee on Health, Education and Welfare.
Representatives Pisaturo, Moura, Quick, Callahan, Almeida, Mumford and Ajello introduce (2000-H 7125) An Act relating to insurance.
Read and referred to the Committee on Corporations.
Representatives C. Levesque, Coderre, Benoit, Williams, Hetherington, Ajello and Carpenter introduce (2000-H 7126) An Act relating to town housing authorities.
Read and referred to the Committee on Corporations.
Representatives C. Levesque, Coderre, Benoit, Williams, Lanzi and several other members of the House introduce (2000-H 7127) An Act relating to city housing authorities.
Read and referred to the Committee on Corporations.
Representatives Lewiss, Henseler, Ajello, Lima, Lopes and Montanaro introduce (2000-H 7128) An Act relating to animals and animal husbandry - cruelty to animals.
Read and referred to the Committee on Special Legislation.
Representatives Lewiss, Voccola, Palangio, Russo, Schadone, Lally and Hogan introduce (2000-H 7129) An Act relating to real property -mortgages.
Read and referred to the Committee on Corporations.
Representatives Lewiss, Palangio, Coderre, Gorham and Caprio introduce (2000-H 7130) An Act relating to property - redemption, release and transfer of mortgages.
Read and referred to the Committee on
Corporations.
Representatives Lewiss, Palangio, Kennedy,
( Coderre, Russo and Caprio introduce (2000-H 7131) House Resolution creating a special House commission to study internet lending.
Read and referred to the Committee on Corporations.
Representatives Henseler, Giannini, Naughton, Benoit, Cambio, Dennigan and Costantino -introduce (2000-H 7132) An Act relating to labor and labor relations - wage discrimination based on sex.
Read and referred to the Committee on Finance.
Representative Henseler introduces (2000-H 7133) An Act relating to towns and cities -optional retirement for members of police force and firefighters.
Read and referred to the Committee on Corporations.
Representative Henseler introduces (2000-H 7134) An Act relating to towns and cities -general powers..
Read and referred to the Committee on Corporations.
Representatives Benoit, Costantino, Cicilline, Dennigan and Ajello introduce (2000-H 7135) An Act relating to criminal offenses - children.
Read and referred to the Committee on Judiciary.
Representatives Benoit, Costantino, Cicilline, Dennigan, Slater and Ajello introduce (2000-H 7136) An Act relating to public assistance.
Read and referred to the Committee on Finance.
Representatives Benoit, Crowley, Ajello, C. Levesque and Burlingame introduce (2000-H 7137) An Act relating to state affairs and government -sheriffs.
Read and referred to the Committee on Judiciary.
Representatives Benoit, Dennigan, Crowley, Costantino and Ajello introduce (2000-H 7138) An Act relating to health and safety - child day care centers.
Read and referred to the Committee on Health, Education and Welfare.
Representatives Benoit, Shavers, Slater, Costantino and Coderre introduce (2000-H 7139) An Act relating to Children, Youth and Families Department.
Read and referred to the Committee on Health, Education and Welfare.
Representatives Benoit, Moura, Slater, Coderre, Faria, C. Levesque and Hetherington introduce (2000-H 7140) An Act relating to Family Independence Act.
Read and referred to the Committee on Finance.
Representatives Benoit, Crowley, Costantino, Cicilline, Dennigan and Ajello introduce (by request of the Lieutenant Governor) (2000-H 7141) An Act relating to children.
Read and referred to the Committee on Judiciary.
Representatives Menard and Picard introduce (2000-H 7142) An Act relating to deceptive trade practices - appliances.
Read and referred to the Committee on Corporations.
Representatives Menard and Cicilline introduce (2000-H 7143) An Act relating to courts and civil procedure.
Read and referred to the Committee on Judiciary.
Representatives Russo, Voccola, Lanzi, Garabedian, Cambio and Smith introduce (2000-H 7144) An Act relating to refuse disposal.
Read and referred to the Joint Committee on Environment and Energy.
Representatives San Bento and Garvey introduce (by request) (2000-H 7145) An Act relating to motor and other vehicles-
equipment and accessories - generally.
Read and referred to the Joint Committee on Highway Safety.
Representatives Abdullah-Odiase, Slater, Moura, Shavers, Lopes and several other members of the House introduce (2000-H 7146) An Act relating to education - state aid.
Read and referred to the Committee on Finance.
Representative Moura introduces (2000-H 7147) An Act relating to criminal offenses.
Read and referred to the Committee on Judiciary.
Representative San Bento introduces (by request) (2000-H 7148) An Act relating to suspension or revocation of licenses - violations.
Read and referred to the Committee on Judiciary.
Representatives Moura, Faria and Reilly introduce (2000-H 7149) An Act relating to public property and works.
Read and referred to the Committee on Labor.
Representatives Moura, Pisaturo, Reilly and Lanzi introduce (2000-H 7150) An Act relating to labor and labor relations-
arbitration of labor controversies.
Read and referred to the Committee on Labor.
Representatives Lanzi, Montanaro, S. Anderson, Pisaturo, Smith and Russo introduce (2000-H 7151) An Act relating to motor vehicles -mandatory revocation of license.
Read and referred to the Committee on Judiciary.
Representatives Carter and Faria introduce (by request) (2000-H 7152) An Act relating to towns and cities - relief of firefighters and police officers.
Read and referred to the Committee on Labor.
Representatives San Bento, Coderre, Lewiss and Reilly introduce (2000-H 7153) An Act relating to sales and use taxes - liability and computation.
Read and referred to the Committee on Finance.
Representatives Garvey, McNamara, San Bento, Carter and Benson introduce (2000-H 7154) An Act relating to elderly affairs.
Read and referred to the Committee on Judiciary.
Representatives Moura, Pisaturo, Reilly and
Lanzi introduce (2000-H 7155) An Act relating to the arbitration of labor controversies.
Read and referred to the Committee on Labor.
Representatives Scott, George and Kennedy
introduce (2000-H 7156) An Act relating to taxation.
Read and referred to the Committee on Corporations.
Representative Garvey introduces (2000-H 7157) An Act relating to towns and cities - New Shoreham water supply system.
Read and referred to the Committee on Corporations.
Representatives Benoit, Costantino, Ajello and Ginaitt introduce (2000-H 7158) An Act relating to businesses and professions-
medical answering machines.
Read and referred to the Committee on Finance.
Representatives Benoit, Henseler, Burlingame, Ginaitt, Dennigan and several other members of the House introduce (by request of the Lieutenant Governor) (2000-H 7159) An Act relating to human services - health care for elderly and disabled residents.
Read and referred to the Committee on Finance.
Representatives Iwuc, Malik, Bramley, Slater, Menard and several other members of the House introduce (2000-H 7160) House Resolution memorializing Congress to have the postal service issue a Polish-American Hero stamp.
Read and referred to the Committee on Special Legislation.
Representatives Benoit, Costantino, Ajello, Coderre and Ginaitt introduce (2000-H 7161) An Act relating to licensing of health care facilities.
Read and referred to the Committee on Health, Education and Welfare.
Representatives Benoit, Costantino, Burlingame, Dennigan and Ginaitt introduce (2000-H 7162) An Act relating to licensing of health care facilities.
Read and referred to the Committee on Health, Education and Welfare.
Representatives Garvey, McNamara, Coelho, Rose and Benson introduce (2000-H 7163) An Act relating to motor and other vehicles - lighting equipment and reflectors.
Read and referred to the Joint Committee on Highway Safety.
Representatives Almeida, Lopes, Abdullah-Odiase, Williams, Shavers, and several other members of the House introduce (2000-H 7164) An Act relating to motor and other vehicles.
Read and referred to the Committee on Judiciary.
Representatives McNamara and Garvey introduce (2000-H 7165) An Act relating to motor and other vehicles - parking facilities and privileges.
Read and referred to the Joint Committee on Highway Safety.
Representative McNamara introduces (2000-H 7166) An Act relating to sexual assault.
Read and referred to the Committee on Judiciary.
Representatives Hogan, Winfield, Lally and McNamara introduce (2000-H 7167) An Act relating to motor and other vehicles consumer enforcement of motor vehicle warranties.
Read and referred to the Committee on
Corporations.
Representative Faria introduces (2000-H 7168) An Act relating to public officers and employees - retirement system - contributions and benefits.
Read and referred to the Committee on Labor.
Representatives Malik, Iwuc, Munschy, Slater, Inman and several other members of the House introduce (2000-H 7169) An Act relating to the pharmaceutical assistance to the elderly program-
persons eligible.
Read and referred to the Committee on Finance.
Representative Malik introduces (2000-H 7170) Joint Resolution making an appropriation of $209.69 to pay the claim of Debra J. Turnbull of 77 Arlington Avenue, Warren, Rhode Island 02885.
Read and referred to the Joint Committee on Accounts and Claims.
Representatives Iwuc, Munschy, Slater, Reilly and Ginaitt introduce (2000-H 7171) An Act relating to taxation.
Read and referred to the Committee on Corporations.
Representatives Mumford, Gorham, M. Anderson, Fleury, Long and several other members of the House introduce (2000-H 7172) An Act relating to the town of Scituate - property tax assessment.
Read and referred to the Committee on Corporations.
Representatives Mumford, Gorham, M. Anderson, Fleury, Long and several other members of the House introduce (2000-H 7173) An Act relating to taxation.
Read and referred to the Committee on Corporations.
Representative Williamson introduces (2000-H 7174) Joint Resolution making an appropriation of $1750.91 to pay the claim of Amica Mutual Insurance Company, P.O. Box 6008, Providence, R.I. 02940 as subrogee of Joseph M. Ungaro of P.O. Box 1511, 379 Pond Shore Drive, Charlestown, Rhode Island 02813.
Read and referred to the Joint Committee on Accounts and Claims.
Representatives Gorham, Savage, Scott, Mumford, Long and Kelley introduce (2000-H 7175) An Act relating to education.
Read and referred to the Committee on Finance.
Representatives Gorham, Mumford, Savage, Voccola and Russo introduce (2000-H 7176) An Act relating to health and safety-
Resource Recovery Corporation.
Read and referred to the Committee on Corporations.
Representatives Vieira and San Bento introduce (2000-H 7177) Joint Resolution making an appropriation of $1589.42 to pay the claim of Stewart Construction Company, P.O. Box 683, Pawtucket, Rhode Island, 02862-0683.
Read and referred to the Joint Committee on Accounts and Claims.
Representative Ajello introduces (2000-H 7178) Joint Resolution making an appropriation of $251.49 to pay the claim of Judith A. O'Brien of 86 Falcon Ridge, Exeter, Rhode Island 02822.
Read and referred to the Joint Committee on Accounts and Claims.
Representatives Ajello, Carpenter, Cicilline, Shavers and Knickle introduce (2000-H 7179) An Act relating to fIrearms.
Read and referred to the Committee on Judiciary.
Representative Carpenter introduces (2000-H 7180) Joint Resolution making an appropriation of $2,743.76 to pay the claim of Amica Mutual Insurance Company, P.O. Box 6008, Providence, Rhode Island 02940-9986 as subrogee of Frederick Barth of 364 Butternut Drive, North Kingstown, Rhode Island 02852.
Read and referred to the Joint Committee on Accounts and Claims.
- Representative Carpenter introduces (2000-H 7181) Joint Resolution making an appropriation of $4409.15 to pay the claim of Liberty Mutual Insurance Company, 114 Turnpike Road, P.O. Box 5104, Westborough, Massachusetts 01581 as subrogee of Lori R. Jackson of 26 Tupelo Trail, Narragansett, Rhode Island 02882.
Read and referred to the Joint Committee on Accounts and Claims.
Representative Carpenter introduces (2000-H 7182) Joint Resolution making an appropriation of $2038.88 to pay the claim of Patrick J. McMahon of 11 Jenckes Court, Narragansett, Rhode Island 02882.
Read and-- referred to the Joint Committee on Accounts and Claims.
Representatives Maher, G. Levesque, Long and Amaral introduce (2000-H 7183) An Act relating to sales and use taxes liability and computation.
Read and referred to the Committee on Finance.
Representatives Maher and Faria introduce (2000-H 7184) An Act relating to public officers and employees retirement system.
Read and referred to the Committee on Corporations.
Representative Williamson introduces (2000-H 7185) Joint Resolution making an appropriation of $719.68 to pay the claim of Amica Mutual Insurance Company, P.O. Box 6008, Providence, Rhode Island 02940-9986 as subrogee of Ernest D. George of 2259 A Oliver Hazard Perry Highway, Wakefield, Rhode Island 02879.
Read and referred to the Joint Committee on Accounts and Claims.
Representatives Menard, Iwuc, Barr and Reilly introduce (2000-H 7186) An Act relating to sales and use taxes - liability and computation.
Read and referred to the Committee on Finance.
Representatives Knickle, Ginaitt, McNamara, Palumbo, Flaherty and several other members of the House introduce (2000-H 7187) An Act relating to highways - maintenance of town highways.
Read and referred to the Committee on Finance.
Representatives Knickle, Ginaitt, McNamara, Palumbo, Flaherty and several other members of the House introduce (2000-H 7188) An Act relating to sidewalks.
Read and referred to the Committee on Judiciary.
Representatives Knickle, Sherlock, Cicilline and Bramley introduce (2000-H 7189) An Act relating to licensing of health care facilities.
Read and referred to the Committee on Judiciary.
Representatives Dennigan, Costantino, Heffner, Benoit, Ginaitt, Carter and Abdullah
Odiase introduce (2000-H 7190) An Act relating
to health and safety - refuse disposal.
Read and referred to the Joint Committee on Environment and Energy.
Representatives Dennigan, Henseler, Coderre, Barr, Slater and several other members of the House introduce (2000-H 7191) An Act relating to health and safety - health care services- utilization act.
Read and referred to the Committee on Corporations.
Representatives Moura, Williams, Kilmartin, McCauley and Palumbo introduce (2000-H 7192) An Act relating to taxation.
Read and referred to the Committee on Finance.
Representatives Moura, Reilly and Palumbo
introduce (2000-H 7193) An Act relating to public finance - state funds.
Read and referred to the Committee on Finance.
Representatives Moura, Williams, McCauley and Palumbo introduce (2000-H 7194) An Act relating to towns and cities - state aid.
Read and referred to the Committee on Finance.
Representatives Knickle, Caprio, Cicilline, Bramley and Flaherty introduce (2000-H 7195) An Act relating to insurance.
Read and referred to the Committee on Judiciary.
Representatives Knickle, Cicilline and Bramley introduce (2000-H 7196) An Act relating to health and safety.
Read and referred to the Committee on Judiciary.
Representatives Caprio, Lally and Cicilline introduce (2000-H 7197) House Resolution respect-fully requesting the State Traffic Commission to install a traffic signal in the town of Narragansett.
Read and referred to the Joint Committee on Highway Safety.
Representatives Caprio, Lally, Knickle, Cicilline and Montanaro introduce (2000-H 7198) An Act relating to towns and cities-
general powers.
Read and referred to the Committee on Corporations.
Representatives Martineau, Henseler and Menard introduce (2000-H 7199) An Act relating to the pharmaceutical assistance to the elderly act.
Read and referred to the Committee on Finance.
Representatives Callahan, Rabideau, Pisaturo, Almeida, Ajello and several other members of the House introduce (2000-H 7200) An Act relating to general public assistance, medical assistance and abortions.
Read and referred to the Committee on Finance.
Representatives Long, Amaral and Fleury introduce (2000-H 7201) An Act relating to false advertising.
Read and referred to the Committee on Corporations.
Representatives Moura and Reilly introduce (2000-H 7202) An Act relating to businesses and professions.
Read and referred to the Committee on Corporations.
Representatives Martineau and Quick introduce (2000-H 7203) Joint Resolution inviting His Honor, the Presiding Officer of the Senate, and the Honorable Senate to join the House of Representatives in Joint Session for the purpose of receiving the State of the State Address of His Excellency the Governor.
Representative Martineau requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Martineau, seconded by Representative Quick, and by unanimous consent, on a voice vote.
Representatives Cambio, Jacquard, Corvese, Henseler, Martineau and Shavers introduce (2000-H 7204) House Resolution proclaiming May 6, 2000 as National Day of Hearing Testing throughout the State of Rhode Island.
Representative Cambio requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Cambio, seconded by Representatives Martineau and Quick, and by unanimous consent, on a voice vote.
Representatives Martineau, Quick, Abdullah-Odiase, Moura, Cicilline and several other members of the House introduce (2000-H 7205) House Resolution expressing condolences on the passing of Providence Police Sergeant Cornel Young.
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.
CALENDAR
From the Calendar is taken:
1. (2000-H 6989) House Resolution urgently requesting the Department of Environmental Management to investigate the gasoline additive MBTE and determine if the state should regulate or ban its use in Rhode Island.
Ordered on the Calendar.
Representative Montanaro moves passage of the resolution, seconded by Representatives Garabedian, S. Anderson, G. Levesque, C. Levesque, Martineau and Naughton.
By unanimous consent, Representative Montanaro, seconded by Representatives Long, S. Anderson, G. Levesque, C. Levesque and Martineau, offers an oral motion to amend.
The motion to amend prevails on a voice vote.
The resolution passes, as amended, on a voice vote.
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.
ANNOUNCEMENTS
Representative Kennedy announces that the Committee on Corporations will meet tomorrow at the rise of the House in Room 203 of the State House.
Also:
The Deputy Speaker announces that the fInal day for introducing bills is Thursday, February 3rd.
Also:
Majority Leader Martineau announces that the deadline for introducing bills is extended to Thursday, February 3 and the desk will be held open until 9:00 o'clock P.M.
Also:
The Majority Leader also reminds everyone of the State of the State Address also on Thursday, February 3, 2000.
ADJOURNMENT
At 4:38 o'clock P.M. on motion of Representative Abdullah-Odiase, and as a further mark of respect to the memory of Sergeant Cornel Young, Jr., Providence Police Department; on motion of Representatives Pires, M. Anderson, Faria and Montanaro, and as a further mark of respect to the memory of Mary J. Sherlock; on motion of Representative S. Anderson, and as a further mark of respect to the memory of Marguerite Anderson; on motion of Representative Scott, and as a further mark of respect to the memory of Henry Boucher; seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.
LINDA McELROY
Recording Clerk
Appendix
INVOCATION
REPRESENTATIVE MELVOID J. BENSON
Lord, may this House be an instrument for Your peace. Grant each member before You a heart that is upright and sincere so that we may restore hope to the weak, and give relief to the oppressed. Protect us this day and may Your grace be with us and the people of Rhode Island always. Amen.
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