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. 30 Wednesday, March 22, 2000 Thirtieth Day


The House of Representatives meets at the State House in Providence, Wednesday, March 22, 2000, and is called to order at 4:17 o'clock P.M., by the Honorable John B. Harwood, Speaker.

The roll is called and a quorum is declared present with 90 members present and 9 members absent as follows:

PRESENT - 90: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Burlingame, Callahan, Caprio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Ferguson. Flaherty, Fleury, Fox, Garvey, George, Giannini, Ginaitt, Gorham, Heffner, Henseler, Hogan, Inman, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, 6., Lewiss, Long, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Millard, Montanaro, Moura, Mumford, Munschy, Naughton, Palangio, Palumbo, Picard, Pires, 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 - 9: Representatives Benson, Bramley, Cambio, Garabedian, Hetherington, Lima, Kelley, Menard, Murphy.

INVOCATION


The Honorable Speaker presents Representative Ferguson, 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, March 21, 2000, is approved as printed.

ANNOUNCEMENT


Representative Hetherington will be unable to attend session today, March 22, 2000, due to illness.

EFFECTIVE WITHOUT SIGNATURE OF THE GOVERNOR



The Honorable Speaker announces receipt by the Secretary of State of the following measures, effective without signature of His Excellency, the Governor:

(2000-H 6763) An Act reinstating and restoring forfeited or revoked corporate charters, effective March 17, 2000.

(2000-H 7248) An Act to vacate the forfeiture or revocation of the charter of Save the Lost Souls International, Inc., effective March 17, 2000.

(2000-H 8037) An Act to vacate the forfeiture or revocation of the charter of Middletown Rescue Wagon Association, effective March 17, 2000.

(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., effective March 17, 2000.

Received and ordered to be placed on file.


COMMUNICATION FROM THE SENATE


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

(00-S 2011 as amended) An Act relating to towns and cities New Shoreham water supply system.

Read and referred to the Committee on Corporations.

(00-S 2120) An Act relating to labor and labor relations - sexual harassment, education and training in the workplace.

Read and referred to the Committee on Labor.

(00-S 2344) An Act relating to businesses and professions psychologists.

Read and referred to the Committee on Corporations.

(00-S 2376 as amended) An Act relating to public officers and employees retirement system contributions and benefits.

Read and referred to the Committee on Finance.

(00-S 2384) An Act relating to the sinking fund commission.

Read and referred to the Committee on Finance.

(00-S 2521 as amended) An Act relating to domestic abuse prevention.

Read and referred to the Committee on Judiciary.

(00-S 2560) An Act relating to courts and civil procedure- courts - domestic assault.

Read and referred to the Committee on Judiciary.

(00-S 2620) An Act relating to courts and civil procedure- procedure generally - evidence.

Read and referred to the Committee on Judiciary.

(00-S 2637) An Act relating to lotteries - prize payments percentage.

Read and referred to the Committee on Finance.

(00-S 2737) An Act relating to motor vehicles.

Read and referred to the Committee on Judiciary.

(00-S 2761) An Act relating to education -Rhode Island College.

Read and referred to the Committee on Finance.

(00-S 2769) An Act relating to motor and other vehicles - adjudication of traffic offenses.

Read and referred to the Committee on Judiciary.

(00-S 2845) An Act to vacate the forfeiture or revocation of the charter of Brewerville Civic Association, Inc.

Read and referred to the Committee on Corporations.

REPORTS OF COMMITTEES
TRANSFER OF BILLS


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

(2000-H 8015) An Act relating to indebtedness of towns and cities - pension fund refinancing bonds.

Received and referred to the Committee on Finance.

(2000-H 6999) An Act relating to state affairs and government- establishing a system for the disclosure of the management and disposal of property.

Received and referred to the Committee on Finance.

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

(2000-H 7553) An Act relating to family independence act.

Received and referred to the Committee on Finance.

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

(2000-H 6961) Joint Resolution to approve and publish and submit to the electors a proposition of amendment to the Constitution of the State (name of the state).

Received and referred to the Committee on Finance.

(2000-H 7189) An Act relating to licensing of health care facilities.

Received and referred to the Committee on Finance.

(2000-H 7580) An Act relating to use of vehicles by law enforcement officers.

Received and referred to the Committee on Finance.

COMMITTEE ON CORPORATIONS


Representative Kennedy, for the Committee on Corporations, reports back the following measure, with recommendation of passage:

(00-S 2178) 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 Grade 5).

Received and ordered to be placed on the Calendar.

COMMITTEE ON JUDICIARY


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

(00-S 2827) An Act relating to solemnization of marriages.

Received and ordered to be placed on the Calendar.

(00-S 2828) An Act relating to solemnization of marriages.

Received and ordered to be placed on the Calendar.

AFFIDAVIT


I, Robert B. Jacquard, State
Representative, District 26, hereby under oath, depose and say:

1. I am the sponsor of Bill

(2000-H 8075) An Act relating to retirement of municipal employees.

2. Said Bill if enacted would increase the years of service necessary from five to eight years or less as of July 1, 1995, for a Cranston firefighter or police officer to have the option to either remain in the Cranston pension plan or contribute to the State of Rhode Island pension plan.

3. I am a Cranston police officer.

4. In compliance with Section 36-14-6(1) of the General Laws, I hereby state that, despite the potential conflict stated above, I am able to sponsor, vote and otherwise participate fairly, objectively and in the public interest regarding the matter described in paragraph 1 above for the following reasons:

A. I am not effected in any way by this proposed Act because on July 1, 1995 I had been a member of the Cranston Police Department for more than fifteen (15) years.

B. This Act would affect only those Cranston firefighters and police officers who had eight years or less service as of July 1, 1995.

C. This Act would not affect me in any way, financially or otherwise.

ROBERT B. JACQUARD
Representative, District 26 State of Rhode Island
County of Providence

Subscribed and sworn to before me this 20th day of March, A.D. 2000.

SETH PERLMUTTER
Notary Public




NEW BUSINESS


Representatives Jacquard, Montanaro, Lanzi, Palumbo, Simonian and several other members of the House introduce (2000-H 8075) An Act relating to retirement of municipal employees.

Read and referred to the Committee on Corporations.

Representatives Martineau, Burlingame, Picard, Munschy and Benoit introduce (2000-H 8076) An Act authorizing the City of Woonsocket to finance the unfunded pension liability of the city, by the issuance of not more than $80,000,000 bonds therefor.

Read and referred to the Committee on Corporations.

Representatives Watson and Kelley introduce (2000-H 8077) An Act relating to courts and civil procedure - District Court.

Read and referred to the Committee on Judiciary.

Representatives Watson and Kelley introduce (2000-H 8078) An Act relating to public officers and employees.

Read and referred to the Committee on Finance. Representatives Corvese, Schadone and Vieira introduce (2000-H 8079) An Act relating to labor relations board - formal hearing.

Read and referred to the Committee on Labor.

Representatives Bramley, Sherlock, Aiken, Ginaitt, McNamara, Knickle and Flaherty introduce (2000-H 8080) An Act establishing a Warwick Land Trust.

Read and referred to the Committee on Corporations.

Representative Carpenter introduces (2000-H 8081) Joint Resolution making an appropriation of $590.14 to pay the claim of Amica Mutual Insurance Company, PO Box 6008, Providence, RI 02940 as subrogee of Walter E. Plaziak, 225 Deerfield Road, Cranston, Rhode Island 02940.

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


NOTICES OF BILL/RESOLUTION

INTRODUCTION


Representative Lanzi gives notice that on the next legislative day she will introduce a measure concerning air and water quality protection.

This notice is given in compliance with House Rule 42.

BEATRICE A. LANZI
Representative, District 22

Received and ordered to be placed on file.

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

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 Pisaturo gives notice that on the next legislative day he will introduce a measure concerning an act relating to divorce and separation.

This notice is given in compliance with House Rule 42.

MICHAEL 5. PISATURO
Representative, District 21

Received and ordered to be placed on file.

Representative Lewiss gives notice that on the next legislative day he will introduce a measure concerning art for public facilities.

This notice is given in compliance with House Rule 42.

PETER L. LEWISS
Representative, District 51

Received and ordered to be placed on file.

Representative Naughton gives notice that on the next legislative day she will introduce a measure concerning sales tax exemption.

This notice is given in compliance with House Rule 42.

EILEEN S. NAUGHTON
Representative, District 32

Received and ordered to be placed on file.

Representative Barr gives notice that on the next legislative day he will introduce a measure concerning divorce and separation.

This notice is given in compliance with House Rule 42.

JOHN DOUGLAS BARR II
Representative, District 59

Received and ordered to be placed on file.

CALENDAR


From the Calendar are taken:

1.(2000-H 7010) An Act relating to lobbying. Committee on Finance recommends passage.

Read and passed, on motion of Representative George, seconded by Representatives Martineau and Corvese, on a roll call vote, 78 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS 78: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Anderson, M., Anderson, 5., Barr, Benoit, Burlingame, Callahan, Caprio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, Faria, Ferguson, Flaherty, Fleury, Garvey, George, Giannini, Ginaitt, Gorham, Heffner, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, G., Lewiss, Long, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Millard, Moura, Mumford, Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Quick, Rabideau, Rose, Russo, San Bento, Savage, Schadone, Scott, Shavers, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Williams, Winfield.

NAYS -0.

2. (2009-H 7162) An Act relating to licensing of health care facilities.

Committee on Health, Education and Welfare recommends passage.

Read and passed, on motion of Representative Benoit, seconded by Representatives Simonian, Abdullah-Odiase, Corvese, Vieira, Burlingame, Ajello, Coderre, Thompson and Savage, on a roll call vote, 80 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 80: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Anderson, 5., Benoit, Burlingame, Callahan, Caprio, Carpenter, Carroll, Carter, Cicilline, Coelho, Corvese, Costantino, Crowley, Dennigan, Faria, Ferguson, Flaherty, Fleury, Fox, Garvey, George, Giannini, Ginaitt, Gorham, Heffner, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, G., Lewiss, Long, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Millard, Montanaro, Moura, Mumford, Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Quick, Rabideau, Rose, Russo, San Bento, Savage, Schadone, Scott, Shavers, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Williams, Winfield.

NAYS -0.

3.(2000-H 7466) An Act relating to education - children with disabilities.

Committee on Health, Education and Welfare recommends passage.

Read and passed, on motion of Representative Benoit, seconded by Representatives Martineau and Cicilline, on a roll call vote, 77 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 77: Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Anderson, M., Anderson, 5., Barr, Benoit, Burlingame, Callahan, Caprio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Crowley, Dennigan, Faria, Flaherty, Fleury, Fox, Garvey, George, Giannini, Gorham, Heffner, Henseler, Hogan, Iwuc, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, 6., Lewiss, Long, Lopes, Maher, Malik, Martineau, McCauley, McNamara, Menard, Millard, Montanaro, Mumford, Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Quick, Rose, Russo, San Bento, Savage, Schadone, Scott, Shavers, Sherlock, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Williams, Winfield.

NAYS -0.

4.(2000-H 7470) Resolution respectfully directing the Department of Human Services to apply to the Federal Health Care Financing Administration to expand its home and community based waiver programs.

Committee on Health, Education and Welfare recommends passage.

Read and passed, on motion of Representative Benoit, seconded by Representatives Martineau and Ajello, on a roll call vote, 81 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS 81: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Anderson, M., Anderson, S., Barr, Benoit, Burlingame, Caprio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Crowley, Dennigan, Faria, Ferguson, Flaherty, Fleury, Fox, Garvey, George, Giannini, Ginaitt, Gorham, Heffner, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, G., Lewiss, Long, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Millard, Montanaro, Moura, Mumford, Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Quick, Rabideau, Rose, Russo, San Bento, Savage, Schadone, Scott, Shavers, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Winfield.

NAYS -0.

ANNOUNCEMENTS


Representative Coderre announces that the Committee on Corporations will meet today at the rise of the House in Room 203 of the State House.

Also:

Representative Flaherty announces that the Committee on Judiciary will meet today at the rise of the House in Room 313 of the State House.

Also:

Representative Ferguson announces that the Joint Committee on Veterans Affairs will meet tomorrow at the rise of the House in Room 207 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 Giannini announces that the Finance Sub-Committee on Government will meet today at the rise of the House in Room 35 of the State House.

GUEST
Minority Leader Watson welcomes to the House Chambers as a guest former Minority Leader Brad Gorham.

ADJOURNMENT


At 4:27 o'clock P.M. on motion of Representatives Martineau and Henseler, seconded by Representative Watson, the House adjourns, on a voice vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION


REPRESENTATIVE LAWRENCE J. FERGUSON


O God, the fountain of wisdom, whose statutes are good and gracious and whose law is truth; We beseech thee so to guide and bless the Legislature of this State, that it may ordain for our governance only such things as please thee, to the glory of thy Name and the welfare of the people. Amen.

- 1789 Book of Common Prayer 'For a State Legislature"

Appendix



CONSENT CALENDAR




In order for Tuesday, March 28, 2000:

1.(2000-H 7968) An Act to vacate the forfeiture or revocation of the charter of "Da Rocha Nurseries, Inc."

Committee on Corporations recommends passage.

2.(2000-H 8008) An Act to vacate the forfeiture or revocation of the charter of J.K. Press, Inc.

Committee on Corporations recommends passage.

LOUIS D'ANTUONO
Reading Clerk
Wednesday, March 22, 2000

Appendix



CALENDAR


In order for Tuesday, March 28, 2000:

1.(2000-H 7160) Resolution memorializing Congress to have the Postal Service issue a Polish-American Hero stamp.

Committee on Special Legislation recommends passage.

2.(2000-H 7230) An Act relating to elections - primaries - national conventions.

Committee on Special Legislation recommends passage.

Appendix



CALENDAR


In order for Wednesday, March 29, 2000:

1. (00-S 2178) 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 in concurrence.

2.(00-S 2827) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage in concurrence.

3.(00-S 2828) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage in concurrence.

LOUIS D'ANTUONO
Reading Clerk
Wednesday, March 22, 2000



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