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. 21 Wednesday, March 1, 2000 Twenty-first Day


The House of Representatives meets at the State House in Providence, Wednesday, March 1, 2000, and is called to order at 4:06 o'clock P.M., by the Honorable John B. Harwood, Speaker.

The roll is called and a quorum is declared present with 94 members present and 5 members absent as follows:

PRESENT - 94: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, 5., Barr, Benoit, Benson, Bramley, Burlingame, Callahan, Caprio, Carpenter, Carroll, Carter, 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, Palangio, Palumbo, Picard, 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 - 5: Representatives Abdullah-Odiase, Cambio, Coelho, Naughton, Pires.

INVOCATION


The Honorable Speaker presents Representative Rabideau, 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 29, 2000, is approved as printed.

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:

(2000-H 7554) An Act relating to health and safety free parking at malls.

Received and referred to the Committee on Finance.

(2000-H 7629) An Act relating to municipal police.

Received and referred to the Committee on Finance.

(2000-H 7644) An Act relating to police and firefighters.

Received and referred to the Committee on Finance.


NEW BUSINESS


Representatives Dennigan, Benoit, Aiken and Costantino introduce (2000-H 7946) An Act relating to licensing of health care facilities.

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

Representative Cicilline introduces (2000-H 7947) An Act relating to criminal procedure expungement of criminal records.

Read and referred to the Committee on Judiciary.

Representative Cicilline introduces (2000-H 7948) An Act relating to the courts Commission on Judicial Tenure and Discipline.

Read and referred to the Committee on Judiciary.

Representatives Cicilline, Fox and Benoit introduce (2000-H 7949) An Act relating to uniform controlled substances.

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

Representative Murphy introduces (2000-H 7950) An Act relating to the protection of beneficiaries of structured settlements.

Read and referred to the Committee on Judiciary.

Representatives Coderre, Lowe, Burlingame, Benoit, Inman and several other members of the House introduce (2000-H 7951) An Act relating to the Department of Human Services.

Read and referred to the Committee on Finance.

Representative Murphy introduces (2000-H 7952) An Act relating to insurance - authorizing health care providers to negotiate with health care insurers and providing for the powers and duties of the Attorney General.

Read and referred to the Committee on Corporations.

Representative Ginaitt introduces (2000-H 7953) Joint Resolution making an appropriation of $929.83 to pay the claim of Anne Marie DeMello of 33 Wildflower Road, Warwick, Rhode Island 02886.

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

Representatives Gorham and Dennigan introduce (2000-H 7954) An Act relating to public utilities cable access.

Read and referred to the Committee on Corporations.

Representative Carpenter introduces (2000-H 7955) Joint Resolution making an appropriation of $1607.27 to pay the claim of Liberty Mutual Insurance Company, 114 Turnpike Road, PO Box 5104, Westborough, Massachusetts 01581 as subrogee of John F. Cronin, Sr., of 1650 Douglas Ave., Apt. 2105, North Providence, Rhode Island 02904.

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

Representative Carpenter introduces (2000-H 7956) Joint Resolution making an appropriation of $10,552.50 to pay the claim of Amica Mutual Insurance Company, P.O. Box 6008, Providence, Rhode Island 02940 as subrogee of David J. Sheehan of 10 Lincoln Center Blvd., Lincoln, Rhode Island 02865.

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

Representative Carpenter introduces (2000-H 7957) Joint Resolution making an appropriation of $878.12 to pay the claim of Lauren Dixon of 120 Enfield Street, Pawtucket, Rhode Island 02861. Read and referred to the Joint Committee on Accounts and Claims.

Representative Lowe introduces (2000-H 7958) An Act relating to domestic relations.

Read and referred to the Committee on Judiciary.

Representative Lowe introduces (2000-H 7959) An Act relating to registration of vehicles.

Read and referred to the Committee on Special Legislation.

Representative Benoit introduces (2000-H 7960) An Act relating to taxation.

Read and referred to the Committee on Finance.

Representative Lowe introduces (2000-H 7961) An Act relating to fire detection systems in existing residences.

Read and referred to the Committee on Corporations.

Representatives Cambio, Schadone, Vieira, Corvese, Wasylyk and DeSimone introduce (2000-H 7962) An Act relating to real estate nonutilization tax of the cities of Providence, Pawtucket, Cranston and the town of North Providence.

Read and referred to the Committee on Corporations.

Representative Carpenter introduces (2000-H 7963) Joint Resolution making an appropriation of $4,909.80 to pay the claim of Amica Mutual Insurance Company, P.O. Box 6008, Providence, Rhode Island 02940-6008 as subrogee of Robert A. Flynn of 110 Pheasant Drive, East Greenwich, Rhode Island 02818.

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

Representative Carpenter introduces (2000-H 7964) Joint Resolution making an appropriation of $2,738.26 to pay the claim of Liberty Mutual Group, 114 Turnpike Road, PO Box 5104, Westborough, Massachusetts 01581 as subrogee of Matthew E. Gavitt, 265 Mail Road, Exeter, Rhode Island 02822-3510.

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

Representative Picard introduces (2000-H 7965) Joint Resolution making an appropriation of $2,115.58 to pay the claim of Robert E. St. Germain of 2305 K Diamond Hill Road, Woonsocket, Rhode Island 02895.

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

Representatives Henseler, Benson, Carter, Coderre, Naughton and Watson introduce (2000-H 7966) House Resolution endorsing and recommending the concept of the Air, Land and Sea History and Technology Park at Quonset Point.

Representative Henseler requests unanimous consent for immediate consideration.

There is no objection.

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


NOTICES OF BILL/RESOLUTION

INTRODUCTION


Representative Carter gives notice that on the next legislative day he will introduce a measure concerning BOGHE.

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 R.I.C..

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 education.

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 R.I. B. of Gov. Higher Ed.

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 BOGHE.

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 naming Prov. campus for Linton.

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 BOGHE.

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 BOGHE.

This notice is given in compliance with House Rule 42.

KENNETH CARTER

Representative District 46

Received and ordered to be placed on file.

Representative Heffner gives notice that on the next legislative day he will introduce a measure concerning taxation.

This notice is given in compliance with House Rule 42.

MARK BARRETT HEFFNER

Representative District 88

Received and ordered to be placed on file.

Representative Moura gives notice that on the next legislative day he will introduce a measure concerning employment security- benefits.

This notice is given in compliance with House Rule 42.

PAUL E.MOURA

Representative District 2

Received and ordered to be placed on file.

Representative Moura gives notice that on the next legislative day he will introduce a measure concerning employment security- benefits.

This notice is given in compliance with House Rule 42.

PAUL E.MOURA

Representative District 2

Received and ordered to be placed on file.

Representative Moura gives notice that on the next legislative day he will introduce a measure concerning employment agencies.

This notice is even in compliance with House Rule 42.

PAUL E.MOURA

Representative District 2

Received and ordered to be placed on file.

Representative Moura gives notice that on the next legislative day he will introduce a measure concerning employment security- administrative funding.

This notice is given in compliance with House Rule 42.

PAUL E.MOURA

Representative District 2

Received and ordered to be placed on file.

Representative Moura gives notice that on the next legislative day he will introduce a measure concerning employment security.

This notice is given in compliance with House Rule 42.

PAUL E.MOURA

Representative District 2

Received and ordered to be placed on file.

Representative McCauley gives notice that on the next legislative day he will introduce a measure concerning towns and cities- health and educational building corporation.

This notice is given in compliance with House Rule 42.

JOHN J. McCAULEY

Representative District 1

Received and ordered to be placed on file.

Representative Kelley gives notice that on the next legislative day she will introduce a measure concerning public works.

This notice is given in compliance with House Rule 42.

LEONA A. KELLEY

Representative District 49

Received and ordered to be placed on file.

CALENDAR


From the Calendar are taken:

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

Committee on Corporations recommends passage.

Representative Kennedy moves passage of the act, seconded by Representatives Rose, Burlingame, Coderre and Menard.

By unanimous consent, Representative Kennedy, seconded by Representatives Burlingame and Shavers, offers the following written motion to amend:

FLOOR AMENDMENT

TO



(2000-H 7211)


Mr. Speaker:

I hereby move to amend

(2000-H 7211) entitled "AN ACT RELATING TO VALLEY GAS COMPANY," as follows:

1. On page 1, line 10, by inserting a comma after the language "time to time".

2. On page 1, line 10, by striking the word "and".

3. On page 1, line 10, after the word shall by inserting the following language:

"be subject to review and approval by the division of public utilities and carriers, and"

Respectfully submitted,

BRIAN P. KENNEDY

Representative District 16

The motion to amend is read and prevails on a roll call vote, 66 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS 66. The Honorable Speaker Harwood and Representatives Aiken, Ajello, Anderson, M., Anderson, S., Barr, Benoit, Benson, Burlingame, Callahan, Caprio, Carpenter, Carroll, Carter, Coderre, Corvese, Crowley, Faria, Fleury, Fox, Garabedian, George, Giannini, Ginaitt, Gorham, He~er, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, G., Lewiss, Lowe, Maher, Malik, McCauley, McNamara, Menard, Moura, Mumford, Munschy, Palangio, Palumbo, Picard, Pisaturo, Rose, San Bento, Savage, Schadone, Scott, Sherlock, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Watson, Williams, Winfield.

NAYS -0.

Representatives Fleury and Kennedy discuss the act as amended.

Read and passed, as amended, on a roll call vote, 73 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS 73: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Bramley, Burlingame, Callahan, Caprio, Carpenter, Carroll, Carter, Coderre, Corvese, Crowley, Dennigan, Faria, Fleury, Fox, Garabedian, George, Ginaitt, Gorham, Heffner, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, G., Lewiss, Lima, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moura, Mumford, Munschy, Palangio, Palumbo, Picard, Pisaturo, Rabideau, Reilly, Rose, Savage, Schadone, Scott, Shavers, Sherlock, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Watson, Williams, Winfield.

NAYS -0.

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.

Representative Kennedy moves passage of the act, seconded by Representatives Burlingame, Coderre, Malik and Shavers.

By unanimous consent, Representative Kennedy, seconded by Representatives Burlingame, Coderre and Giannini offers the following written motion to amend:

FLOOR AMENDMENT

TO



(2000-H 7277)


Mr. Speaker:

I hereby move to amend

(2000-H 7277) entitled "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," as follows:

1. On page 1, line 10, by striking the word "and".

2. On page 1, line 10, after the word shall by inserting the following language:

"be subject to review and approval by the division of public utilities and carriers, and"

Respectfully submitted,

BRIAN P. KENNEDY

Representative District 16

The motion to amend is read and prevails on a roll call vote, 75 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 76; The Honorable Speaker Harwood and Representatives Aiken, Ajello, Almeida, Amaral, Anderson, S., Barr, Benoit, Bramley, Burlingame, Callahan, Caprio, Carpenter, Carroll, Carter, Coderre, Corvese, Crowley, Dennigan, Faria, Fleury, Fox, Garabedian, George, Giannini, Ginaitt, Gorham, Heffner, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kelley, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, G., Lewiss, Lima, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Moura, Mumford, Munschy, Palangio, Palumbo, Picard, Pisaturo, Rabideau, Rose, Russo, San Bento, Savage, Schadone, Scott, Shavers, Sherlock, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Watson, Williams, Winfield.

NAYS - 0.

Read and passed, as amended, on a roll call vote, 73 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 73; The Honorable Speaker Harwood and Representatives Aiken, Ajello, Amaral, Anderson, S., Barr, Benoit, Bramley, Burlingame, Callahan, Caprio, Carpenter, Carroll, Carter, Coderre, Corvese, Crowley, Dennigan, Faria, Fleury, Fox, Garabedian, George, Giannini, Ginaitt, Gorham, Heffner, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kelley, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, G., Lewiss, Lima, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Mumford, Munschy, Palangio, Palumbo, Picard, Pisaturo, Rabideau, Rose, Russo, San Bento, Savage, Schadone, Scott, Shavers, Sherlock, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, 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, and to the Honorable Senate forthwith.

ANNOUNCEMENTS


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 S. Anderson welcomes Representative Carter back to the House after illness.

ADJOURNMENT


At 4:17 o'clock P.M. on motion of Representative Kelley, and as a further mark of respect to the memory of Reuben Eaton, seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION

REPRESENTATIVE SCOTT P. RABIDEAU


Heavenly Father, look with favor on our deliberation and assist us by your grace to do what is just and wise. Amen.



Appendix



CONSENT CALENDAR




In order for Thursday, March 2, 2000:

1.(2000-H 7783) An Act in amendment of and in addition to Chapter 55 of the Public Laws, 1958, as amended, entitled, "An Act authorizing the towns of Charlestown, Richmond and Hopkinton, to join a regional school district, incorporating said regional school district, and providing for the issuance of bonds, construction and operation of a regional school system for the joint use of the participating towns, within said regional school district established by this act" and authorizing the Chariho Regional School District to issue (A) not more than $12,000,000 bonds and notes for the acquisition, construction, renovation and equipping of two or three new elementary schools (Kindergarten through Grade 5), (B) not more than $17,000,000 bonds and notes for land acquisition, additions to, renovation and equipping of the existing Chariho High School (Grades 9 through 12), and (C) not more than $8,500,000 bonds and notes for the renovation and equipping of the existing Ashaway, Charlestown, Hope Valley and Richmond Elementary Schools (Kindergarten through GradeS).

Committee on Corporations recommends passage.

2.(2000-H 6715) An Act relating to taxation.

Committee on Corporations recommends passage.

3.(2000-H 6718) An Act relating to tourism.

Committee on Corporations recommends passage.

4.(2000-H 6731) An Act relating to taxation.

Committee on Corporations recommends passage.

5.(2000-H 6750) An Act relating to homestead exemptions in the town of Lincoln.

Committee on Corporations recommends passage.

6.(2000-H 6763) An Act reinstating and restoring forfeited or revoked corporate charters.

Committee on Corporations recommends passage.

7.(2000-H 7072) An Act relating to the towns of Foster and Glocester - Regional Juvenile Hearing Board.

Committee on Corporations recommends passage.

8.(2000-H 7156) An Act relating to taxation.

Committee on Corporations recommends passage.

9.(2000-H 7173) An Act relating to taxation.

Committee on Corporations recommends passage.

10.(2000-H 7172) An Act relating to the town of Scituate- property tax assessment.

Committee on Corporations recommends passage.

11.(2000-H 7157) An Act relating to towns and cities - Shoreham water supply system.

Committee on Corporations recommends passage.

12.(2000-H 7248) An Act to vacate the forfeiture or revocation of the charter of Save the Lost Souls International, Inc.

Committee on Corporations recommends passage.

13.(2000-H 7312) An Act relating to taxation.

Committee on Corporations recommends passage.

14.(2000-H 7332) An Act relating to public buildings.

Committee on Corporations recommends passage.

15.(2000-H 7367) An Act relating to owners of residential properties filing their addresses and telephone numbers with the office of Code Enforcement in the city of Central Falls.

Committee on Corporations recommends passage.

16.(2000-H 7431) An Act to vacate the forfeiture or revocation of the charters of: AETNA Mfg. Co., Inc., Alba Realty Inc., Circle Realty, Inc., GA.REL Mfg. Company, J & J Hardware Distributors, Inc., the Little Inn Restaurant, Inc., Mineral Enterprises, Inc., Orthopedic Walk-in Clinic, Inc., Post Road Liquor Mart, Inc., Partnership Ventures, Incorporated, 383 Corp., United Appraisal Group, Inc., Warren Nurseries, Inc.

Committee on Corporations recommends passage.

17.(2000-H 7438) An Act relating to situs and ownership of taxable property.

Committee on Corporations recommends passage.

18.(2000-H 7634) An Act establishing the Hopkinton Land Trust.

Committee on Corporations recommends passage.

19. (00-5 2041) An Act reinstating and restoring forfeited or revoked corporate charters.

Committee on Corporations recommends passage in concurrence.

LOUIS D'ANTUONO
Reading Clerk
Wednesday, March 1, 2000

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.

2.(2000-H 7400) House Resolution reinstating the life of and extending the reporting and expiration dates of the special House commission to study all aspects of organ donations.

Committee on Health, Education and Welfare recommends passage.

3.(2000-H 7791) An Act relating to property taxes.

Committee on Corporations recommends passage.

LOUIS D'ANTUONO
Reading Clerk
Wednesday, March 1, 2000



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