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. 18 Wednesday, February 16, 2000 Eighteenth Day


The House of Representatives meets at the State House in Providence, Wednesday, February 16, 2000, and is called to order at 4:18 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:

PRESENT - 94; Representatives Abdullah.Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Burlingame, Callahan, Cambio, Caprio. Carpenter, Cicilline, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Ferguson, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Ginaitt, Gorham, Heffner, 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, Williams, Williamson, Winfield.

ABSENT 6; The Honorable Speaker Harwood and Representatives Carroll, Carter, Coelho, Watson.

INVOCATION
The Ho-able Deputy Speaker presents Representative Knickle, 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, February 15, 2000, is approved as printed.

CORRECTION


By unanimous consent, the House Journal of Thursday, February 10, 2000, is hereby corrected by recording Representative Hetherington as being present.

ANNOUNCEMENT


Representative Watson will be out of town and unable to attend session on February 15, 16 and 17,2000.

COMMUNICATION FROM THE SENATE


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

(00-S 2117 as amended) An Act relating to elections.

Read and referred to the Committee on Corporations.

(00-S 2185) An Act relating to the town of Scituate - property tax assessment.

Read and referred to the Committee on Corporations.

(00-S 2208) Joint Resolution creating a special legislative commission to study services to persons with mental illness in the criminal justice system.

Read and referred to the Committee on Judiciary.

GUESTS


Representative Pires welcomes to the House Chambers as guests Junior and Jasmin Lopez, and Denise Felice.

REPORTS OF COMMITTEES
TRANSFER OF BILLS


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

(2000-H 7210) An Act relating to civil rights of persons with disabilities.

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

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

(2000-H 7419) An Act relating to personal income tax - residency.

Received and referred to the Committee on Finance.

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

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

Received and referred to the Committee on Finance.

(2000-H 7171) An Act relating to taxation.

Received and referred to the Committee on Finance.

(2000-H 7282) An Act authorizing the issuance of bonds and notes of the state for the purpose of financing the Rhode Island Clean Water Finance Agency safe drinking water projects.

Received and referred to the Committee on Finance.

(2000-H 7439) An Act relating to taxation.

Received and referred to the Committee on Finance.

(2000-H 7555) An Act relating to indebtedness of towns and cities.

Received and referred to the Committee on Finance.

(2000-H 7556) An Act relating to taxation -situs and ownership of taxable property.

Received and referred to the Committee on Finance.

(2000-H 7628) An Act relating to health and safety - smoking in public places.

Received and referred to the Committee on Finance.

(2000-H 7631) An Act relating to levy and assessment of local taxes.

Received and referred to the Committee on Finance.

COMMITTEE ON JUDICIARY


Representative Flaherty, for the Committee on Judiciary, reports back the following measure, with recommendation of passage:

(2000-H 7534) An Act relating to solemnization of marriages.

Received and ordered to be placed on the Calendar.


NEW BUSINESS


Representatives 5. Anderson, Barr, Corvese and Rose introduce (2000-H 7864) An Act relating to water and navigation.

Read and referred to the Joint Committee on Water Resources.

Representatives Cicilline, Fox and Benoit introduce (2000-H 7865) An Act relating to uniform controlled substances.

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

Representative Carpenter introduces (2000-H 7866) Joint Resolution making an appropriation of $214.68 to pay the claim of Jacqueline 6. Kelley of 36 Pasture View Lane, Cranston, Rhode Island 02921.

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

Representative Carpenter introduces (2000-H 7867) Joint Resolution making an appropriation of $418.57 to pay the claim of Robert A. Aurelio of 109 Palmer Avenue, Riverside, Rhode Island 02915.

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

Representative Carpenter introduces (2000-H 7868) Joint Resolution making an appropriation of $160.00 to pay the claim of Cathy M. Bursie of 20 Connors Farm Drive, Smithfield, Rhode Island 02917.

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

Representative Carpenter introduces (2000-H 7869) Joint Resolution making an appropriation of $2,131.83 to pay the claim of Steven Scandariato of 1801 Mineral Spring Avenue, Apt. #5, North Providence, Rhode Island 02904.

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

Representatives 5. Anderson, Barr, Corvese and Rose introduce (2000-H 7870) An Act relating to waters and navigation - Big River Reservoir.

Read and referred to the Joint Committee on Water Resources.

Representative Carpenter introduces (2000-H 7871) Joint Resolution making an appropriation of $1,418.67 to pay the claim of Paul 6. Loberti of 69 Angelico Street, Johnston, Rhode Island 02919.

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

Representatives Cicilline and Carpenter introduce (2000-H 7872) An Act relating to criminal offenses.

Read and referred to the Committee on Judiciary.

Representative Moura introduces (2000-H 7873) An Act relating to state affairs and government - video lottery terminals.

Read and referred to the Committee on Finance. Representative Moura introduces (2000-H 7874) An Act relating to state affairs and government - video lottery terminal.

Read and referred to the Committee on Finance.

Representative Moura introduces (2000-H 7875) An Act relating to video lottery terminals -division of revenue.

Read and referred to the Committee on Finance.

Representatives Costantino, Giannini, Fox, Slater, DeSimone and several other members of the House introduce (2000-H 7876) An Act relating to state aid.

Read and referred to the Committee on Finance.

Representatives Palumbo, Naughton, Moura, San Bento, Giannini and McCauley introduce (2000-H 7877) House Resolution reinstating the life of and extending the reporting and expiration dates of the special House commission to study the rapid dipletion of finfish in Rhode Island coastal waters.

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

Representatives Costantino, Fox, McCauley and Slater introduce (2000-H 7878) An Act relating to motor vehicles motor fuel tax.

Read and referred to the Committee on Finance.

Representatives McNamara and Aiken introduce (2000-H 7879) House Resolution respectfully requesting the Rhode Island Airport Corporation to provide incentives to rental car companies and motor carriers for the use of alternative fuel vehicles.

Read and referred to the Committee on Corporations.

Representatives Kelley, Garvey, Carroll, 6. Levesque, Crowley and several other members of the House introduce (2000-H 7880) An Act relating to taxation - farm, forest, and open space land.

Read and referred to the Committee on Corporations,

Representative Sherlock introduces (2000-H 7881) An Act relating to Mental Health, Retardation and Hospitals.

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

Representative Sherlock introduces (2000-H 7882) An Act relating to parental succession -retarded persons.

Read and referred to the Committee on Judiciary.

Representative Sherlock introduces (2000-H 7883) An Act relating to human services.

Read and referred to the Committee on Finance.

Representative Sherlock introduces (2000-H 7884) An Act relating to health and safety -licensing of health care facilities.

Read and referred to the Committee on Finance.

Representative Sherlock introduces (2000-H 7885) An Act relating to human services -medical assistance.

Read and referred to the Committee on Finance.

Representative Sherlock introduces (2000-H 7886) An Act relating to medical assistance.

Read and referred to the Committee on Finance. Representatives Sherlock, Garvey and Maher introduce

(2000-H 7887) An Act relating to persons with developmental disabilities.

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

Representatives Sherlock, Garvey and Maher introduce (2000-H 7888) An Act relating to licensing of facilities and programs for the mentally ill and/or mentally retarded.

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

Representative Sherlock introduces (2000-H 7889) An Act relating to medical assistance.

Read and referred to the Committee on Finance.

Representative Sherlock introduces (2000-H 7890) An Act relating to medical assistance.

Read and referred to the Committee on Finance.

Representative Sherlock introduces (2000-H 7891) An Act relating to medical assistance.

Read and referred to the Committee on Finance.

Representative Sherlock introduces (2000-H 7892) An Act relating to human services.

Read and referred to the Committee on Finance.

Representative Sherlock introduces (2000-H 7893) An Act relating to licensing of health care facilities.

Read and referred to the Committee on Finance.

Representative Sherlock introduces (2000-H 7894) An Act relating to medical assistance.

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

Representatives Sherlock, Aiken, Ginaitt, McNamara, Naughton and Flaherty introduce (2000-H 7895) An Act relating to taxation- sales and use taxes - liability and computation.

Read and referred to the Committee on Finance.

Representatives Sherlock, Aiken, Ginaitt, McNamara, Naughton and Flaherty introduce (2000-H 7896) An Act relating to taxation- motor vehicle rentals.

Read and referred to the Committee on Finance.

Representatives Sherlock, Aiken, Ginaitt, McNamara, Naughton and Flaherty introduce (2000-H 7897) An Act relating to taxation- sales and use taxes -- liability and computation.

Read and referred to the Committee on Finance.

Representatives Sherlock, Aiken, Ginaitt, McNamara, Naughton and Flaherty introduce (2000-H 7898) An Act relating to taxation.

Read and referred to the Committee on Finance.

Representatives Sherlock, Aiken, Ginaitt, McNamara, Naughton and Flaherty introduce (2000-H 7899) An Act authorizing additional state aid to municipalities.

Read and referred to the Committee on Finance.

Representatives Sherlock, Flaherty, McNamara, Naughton and Maher introduce (2000-H 7900) An Act relating to health and safety.

Read and referred to the Committee on Judiciary.

Representatives Sherlock, Ginaitt, McNamara, Naughton and Flaherty introduce (2000-H 7901) An Act relating to taxation - situs and ownership of taxable property.

Read and referred to the Committee on Finance.

Representatives S. Anderson and Inman introduce (2000-H 7902) House Resolution congratulating Alfred J. Sousa for his distinguished service to the Rhode Island House of Representatives and the citizens of the State of Rhode Island.

Representative S. Anderson requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative S. Anderson, seconded by Representatives Martineau and Quick, and by unanimous consent, on a voice vote.


NOTICES OF BILL/RESOLUTION

INTRODUCTION


Representative Sherlock gives notice that on the next legislative day, he will introduce a measure relating to the Higher Education Assistance Authority. This notice is given in compliance with House Rule 42.

PAUL V. SHERLOCK
Representative, District 30

Received and ordered to be placed on file.

Representative Dennigan gives notice that on the next legislative day, she will introduce a measure concerning health care. This notice is given in compliance with House Rule 42.

ELIZABETH M. DENNIGAN
Representative, District 82

Received and ordered to be placed on file.

Representative Long gives notice that on the next legislative day, he will introduce a measure concerning tobacco reparations. This notice is given in compliance with House Rule 42.

BRUCE J. LONG
Representative, District 95

Received and ordered to be placed on file.

Representative Kilmartin gives notice that on the next legislative day, he will introduce a measure relating to motor vehicles. This notice is given in compliance with House Rule 42.

PETER F. KILMARTIN
Representative, District 80

Received and ordered to be placed on file.

Representative Kilmartin gives notice that on the next legislative day, he will introduce a measure concerning concealed weapons permits. This notice is given in compliance with House Rule 42.

PETER F. KILMARTIN
Representative, District 80

Received and ordered to be placed on file.

Representative Kilmartin gives notice that on the next legislative day, he will introduce a measure concerning incorporation of United Electric Power Co. This notice is given in compliance with House Rule 42.

PETER F. KILMARTIN
Representative, District 80

Received and ordered to be placed on file,

Representative M. Anderson gives notice that on the next legislative day, she will introduce a measure relating to a call for a constitutional convention. This notice is given in compliance with House Rule 42.

MABEL M. ANDERSON
Representative, District 77

Received and ordered to be placed on file.

Representative M. Anderson gives notice that on the next legislative day, she will introduce a measure concerning a joint resolution for a bipartisan preparatory commission to assemble information on constitutional questions in preparation for a vote by qualified electors on holding of a constitutional convention in accordance with Article XIV Section 2 of RI constituents making an appropriation therefor. This notice is given in compliance with House Rule 42.

MABEL M. ANDERSON
Representative, District 77

Received and ordered to be placed c:i file,

Representative M. Anderson gives notice that on the next- legislative day, she will introduce a measure concerning election officials and voting districts. This notice is given in compliance with House Rule 42.

MABEL M. ANDERSON
Representative, District 77

Received and ordered to be placed on file.

Representative McCauley gives notice that on the next legislative day, he will introduce a measure relating to towns and cities- Health and Educational Building Corporation. This notice is given in compliance with House Rule 42.

JOHN J. McCAULEY, JR.
Representative, District 1

Received and ordered to be placed on file.

Representative McCauley gives notice that on the next legislative day, he will introduce a measure relating to plumbers. This notice is given in compliance with House Rule 42.

JOHN J. McCAULEY, JR.
Representative, District 1

Received and ordered to be placed on file.

Representative McCauley gives notice that on the next legislative day, he will introduce a measure relating to health and safety- state building code. This notice is given in compliance with House Rule 42.

JOHN J. McCAULEY, JR.
Representative, District 1

Received and ordered to be placed on file.

Representative Palumbo gives notice that on the next legislative day, he will introduce a measure relating to state affairs and government - corrections. This notice is given in compliance with House Rule 42.

PETER G. PALUMBO
Representative, District 25 Received and ordered to be placed on file. Representative Palumbo gives notice that on the next legislative day, he will introduce a measure relating to criminal procedure - peace officers. This notice is given in compliance with House Rule 42.

PETER G. PALUMBO
Representative, District 25

Received and ordered to be placed on file.

Representative Williamson gives notice that on the next legislative day, he will introduce a measure concerning domestic relations. This notice is given in compliance with House Rule 42.

TIMOTHY A. WILLIAMSON
Representative, District 38

Received and ordered to be placed on file.

Representative Giannini gives notice that on the next legislative day, sh will introduce a measure concerning domestic relations- custody of children. 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 Benoit gives notice that on the next legislative day, she will introduce a measure concerning utilization review. This notice is given in compliance with House Rule 42.

NANCY L. BENOIT
Representative, District 64

Received and ordered to be placed on file.

Representative Heffner gives notice that on the next legislative day, he will introduce a measure concerning administrative law. This notice is given in compliance with House Rule 42.

MARK B. HEFFNER
Representative, District 88

Received and ordered to be placed on file.

Representative Heffner gives notice that on the next legislative day, he will introduce a measure concerning probate practice and procedure. This notice is given in compliance with House Rule 42.

MARK B. HEFFNER
Representative, District 88

Received and ordered to be placed on file.

Representative Shavers gives notice that on the next legislative day, she will introduce a measure concerning Department of Children, Youth and Families. This notice is given in compliance with House Rule 42.

MAXINE L. SHAVERS
Representative, District 97

Received and ordered to be placed on file.

Representative Shavers gives notice that on the next legislative day, she will introduce a measure concerning criminal offenses- false personation. This notice is given in compliance with House Rule 42.

MAXINE L. SHAVERS
Representative, District 97

Received and ordered to be placed on file.

Representative Ferguson gives notice that on the next legislative day, he will introduce a measure concerning education. This notice is given in compliance with House Rule 42.

LAWRENCE J. FERGUSON
Representative, District 91

Received and ordered to be placed on file.

Representative Kilmartin gives notice that on the next legislative day, he will introduce a measure concerning obstructing justice. This notice is given in compliance with House Rule 42.

PETER F. KILMARTIN
Representative, District 80

Received and ordered to be placed on file.

Representative Kilmartin gives notice that on the next legislative day, he will introduce a measure concerning domestic relations. This notice is given in compliance with House Rule 42.

PETER F. KILMARTIN
Representative, District 80

Received and ordered to be placed on file.

Representative Kilmartin gives notice that on the next legislative day, he will introduce a measure concerning courts and civil procedure. This notice is given in compliance with House Rule 42.

PETER F. KILMARTIN
Representative, District 80

Received and ordered to be placed on file.

CALENDAR


From the Calendar is taken:

1. (2000-H 6760) An Act relating to Sunday business - pharmacies.

Committee on Labor recommends passage.

Read and passed, on motion of Representative Faria, seconded by Representatives Flaherty, Cicilline, Picard, Moura, McNamara, S. Anderson, Munschy and Long, on a roll call vote, 78 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS ---- 78.- Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Anderson, M., Anderson, 5., Barr, Benoit, Benson, Bramley, Burlingame, Callahan, Caprio, Carpenter, Cicilline, Coderre, Corvese, Costantino, Dennigan, Faria, Ferguson, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Ginaitt, Gorham, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kelley, Kennedy, Kilmartin, Knickle, Lanzi, Levesque, C., Levesque, 6., Lewiss, Long, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Millard, Moura, Mumford, Munschy, Naughton, Palumbo, Picard, Pires, Pisaturo, Quick, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shavers, Sherlock, Slater, Smith, Thompson, Vieira, Voccola, 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, and to the Honorable Senate, forthwith.

ANNOUNCEMENTS


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

Also:

Representative Benoit 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 McNamara congratulates the Honorable Speaker, Majority Leader Martineau, Minority Leader Watson and Representative Hetherington on their awards from the National Education Association for their work in the creation of an Adult Education Bill of Rights.

ADJOURNMENT


At 4:34 o'clock P.M. on motion of Representative Martineau, seconded by Representative Gorham, the House adjourns, on a voice vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION

REPRESENTATIVE H. NORMAN KNICKLE


Dear Lord, we are grateful for the privilege we have been given to represent our constituents and all Rhode Islanders in this House of Representatives. When the going gets tough and the decisions difficult, may we not forget the privilege it is to serve here.Amen.



Appendix



CALENDAR


In order for Thursday, February 17, 2000:

1. (2000-H 6942 as amended) Joint Resolution urging cities and towns to create municipal cancer control task forces.

Committee on Health, Education and Welfare recommends passage as amended.

2.(2000-H 6868 as amended) House Resolution respectfully requesting the Rhode Island Department of Health to promote yearly checkups and screening for prostate cancer for men.

Committee on Health, Education and Welfare recommends passage as amended.

Appendix



CALENDAR


In order for Wednesday, March 1, 2000:

1. (2000-H 7211) An Act relating to Valley Gas Company.

Committee on Corporations recommends passage.

2. (2000-H 7277) An Act in amendment of and in addition to an act entitled "An Act to,, incorporate Bristol and Warren Gas Company passed at the January Session of the General Assembly A.D. 1953.

Committee on Corporations recommends passage.

Appendix



CALENDAR


In order for Thursday, March 2, 2000:

1. (2000-H 7534) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage.

LOUIS D'ANTUONO
Reading Clerk
Wednesday, February 16, 2000



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