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. 33 Wednesday, March 29, 2000 Thirty-third Day


The House of Representatives meets at the State House in Providence, Wednesday, March 29,2000, and is called to order at 4:16 o'clock P.M., by the Honorable John B. Harwood, Speaker.

The roll is called and a quorum is declared present with 93 members present and 6 members absent as follows:

PRESENT - 93: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, 5., Barr, Benoit, Benson, Bramley, Burlingame, Callahan, Caprio, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, DeSimone, Faria, Ferguson, Flaherty, Fleury, Fox, 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, Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Quick, Rabideau, Reilly, Rose, Russo, San Bento, Savage, Schadone, Scott, Shavers, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

ABSENT - 6: Representatives Cambio, Carpenter, Crowley, Garabedian, Murphy, Sherlock.

INVOCATION


The Honorable 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, March 28, 2000, is approved as printed.

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 7908) An Act to vacate the forfeiture or revocation of the charter of A.P.L. Realty Co., Inc., effective March 29, 2000.



(2000-H 8052) An Act to vacate the forfeiture or revocation of North Kingstown (Stoney Lane) Six Principle Baptist Church, effective March 29, 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 2012) An Act relating to state affairs and government- tourism districts.

Read and referred to the Committee on Finance.

(00-S 2173 as amended) An Act relating to establishment and extension of gambling activities.

Read and referred to the Committee on Finance.

(00-S 2516) An Act relating to the William H. Hall Library.

Read and referred to the Committee on Corporations.

(00-S 2577) An Act relating to hoisting engineers.

Read and referred to the Committee on Labor.

(00-S 2580) An Act relating to businesses and professions- plumbers.

Read and referred to the Committee on Labor.

(00-S 2669 as amended) An Act relating to credit card lending.

Read and referred to the Committee on Corporations.

(00-S 2740) (Substitute "A") An Act relating to courts and civil procedure - courts - family court.

Read and referred to the Committee on Judiciary.

(00-S 2822) An Act authorizing the town of Coventry to finance the acquisition and improvement of land for recreational purposes by the issuance of not more than $2,000,000 bonds and/ or notes therefor.

Read and referred to the Committee on Corporations.

(00-S 2825) An Act authorizing the town of Glocester to finance the development, construction, reconstruction, resurfacing and rehabilitation of roads, highways and bridges in the town, including the construction of a salt/sand storage facility by the issuance of not more than $3,000,000 bonds and/or notes therefor.

Read and referred to the Committee on Corporations.

(00-S 2837) An Act relating to criminal offenses - children.

Read and referred to the Committee on Judiciary.

(00-S 2864) An Act to vacate the forfeiture or revocation of the charter of George Edward Sousa Enterprises, 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 7246) An Act relating to education -teachers' retirement.

Received and referred to the Committee on Finance.

(2000-H 7266) An Act relating to regulation of business practices.

Received and referred to the Committee on Finance.

(2000-H 7992) An Act relating to education.

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 6947) An Act relating to licensing and monitoring of child care providers.

Received and referred to the Committee on Finance.

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

(2000-H 7353) An Act relating to criminal procedure.

Received and referred to the Committee on Labor.

COMMITTEE ON CORPORATIONS


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

(00-S 2817) An Act reinstating and restoring forfeited or revoked corporate charters.

Received and ordered to be placed on the Consent Calendar.

COMMITTEE ON
HEALTH, EDUCATION AND WELFARE


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

(2000-H 7268) House Resolution creating a special House commission to study the growing problem of alcohol and drug abuse in the rural communities' elementary and junior high schools.

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:

(2000-H 8068) An Act relating to criminal procedure.

Received and ordered to be placed on the Calendar.

(2000-H 8069) An Act relating to courts and civil procedure.

Received and ordered to be placed on the Calendar.


NEW BUSINESS


Representatives Garabedian, Malik, Vieira, Giannini, Palumbo and several other members of the House introduce (2000-H 8099) An Act relating to education - Community College of Rhode Island.

Read and referred to the Committee on Finance.

Representatives Hogan and Winfield introduce (2000-H 8100) Joint Resolution making an appropriation of $8,052.75 to pay the claim of Georgiaville Baptist Church, 100 Farnum Pike, PO Box 17474, Esmond, Rhode Island 02912-0705.

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

Representatives Sherlock and Maher introduce (2000-H 8101) An Act relating to licensing of health care facilities.

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

Representatives Rabideau, George, Lowe, Mumford, Fleury and several other members of the House introduce (2000-H 8102) House Resolution creating a special House commission to study all aspects of purchased placements of the Department of Children, Youth and Families.

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

Representative Dennigan introduces (2000-H 8103) Joint Resolution making an appropriation of $1359.81 to pay the claim of Christopher D. Millette of 390 Pleasant Street, Rumford, Rhode Island 02916.

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

Representatives Garabedian, Malik, Vieira, Giannini, Palumbo and several other members of the House introduce (2000-H 8104) An Act relating to education - Rhode Island College.

Read and referred to the Committee on Finance.

Representatives Garabedian, Malik, Vieira, Jacquard, Giannini and several other members of the House introduce (2000-H 8105) An Act relating to education - University of Rhode Island.

Read and referred to the Committee on Finance.

Representatives Martineau, Benoit, Burlingame, Picard and Munschy introduce (2000-H 8106) An Act relating to taxation- property tax classification and homestead exemption in the City of Woonsocket.

Read and referred to the Committee on Corporations.

Representatives Kelley, Savage and Quick introduce (2000-H 8107) An Act relating to motor and other vehicles.

Read and referred to the Committee on Judiciary.

Representatives George, Schadone, Fox, Russo, Lewiss and several other members of the House introduce (2000-H 8108) An Act relating to courts and civil procedure - courts.

Read and referred to the Committee on Judiciary.

Representatives Moura, McCauley, Menard, Williams, Montanaro and several other members of the House introduce (2000-H 8109) House Resolution proclaiming March 31st, annually, as Cesar Chavez Day.

Representative Moura requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Rabideau, Lowe and Carroll introduce (2000-H 8110) House Resolution congratulating the Eleanor Slater Hospital/Zambarano Unit on the recognition of Zambarano Day.

Representative Rabideau requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Martineau, Watson, Ginaitt and Kennedy introduce (2000-H 8111) House Resolution extending congratulations.

Representative Martineau requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Fleury, Henseler, Giannini, Inman, Kelley and several other members of the House introduce (2000-H 8112) House Resolution proclaiming April 2000 as World Parkinson's Disease Month.

Representative Fleury requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Martineau, Watson, Ginaitt and Kennedy introduce (2000-H 8113) House Resolution expressing condolences.

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.

Representatives Watson, Callahan, Rabideau, Gorham, Fleury and several other members of the House introduce (2000-H 8114) House Resolution expressing condolences on the passing of Rhode Island Superior Court Justice Thomas H. Needham.

Representative Watson requests unanimous consent for immediate consideration.

There is no objection.

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

The Honorable Speaker Harwood and Representatives Martineau, Henseler, Inman, Menard and several other members of the House introduce (2000-H 8115) House Resolution honoring Zellio Toppazzini as Rhode Island Reds Player of the Century.

The Honorable Speaker Harwood requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of the Honorable Speaker Harwood, seconded by the entire House of Representatives, and by unanimous consent, on a voice vote.

Representatives Martineau, Ginaitt, Benoit, Costantino, Moura and several other members of the House introduce (by request of the Lieutenant Governor)

(2000-H 8116) An Act relating to pharmaceutical assistance to the elderly.

Read and referred to the Committee on Finance.


NOTICES OF BILL/RESOLUTION

INTRODUCTION


Representative McCauley gives notice that on the next legislative day he will introduce a measure concerning tax relief. 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 Ajello gives notice that on the next legislative day she will introduce a measure concerning extending the reporting date of the Commission to study the Necessity of Licensing Naturopathic Physicians in Rhode Island. This notice is given in compliance with House Rule 42.

EDITH H. AJELLO
Representative, District 3

Received and ordered to be placed on file.

CALENDAR


From the Calendar are taken:

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 Grade 5).

Committee on Corporations recommends passage in concurrence.

Read and passed, in concurrence, on motion of Representative Garvey, seconded by Representatives Carter, Coelho, Lewiss, Kelley and Gorham, on a roll call vote, 74 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 74: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Callahan, Caprio, Carter, Cicilline, Coderre, Coelho, Corvese. Costantino, Dennigan, Faria, Ferguson, Flaherty, Fleury, Fox, Garvey, George, Giannini, Ginaitt, Gorham, Henseler, Iwuc, Jacquard, Kelley, Kilmartin, Knickle, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Millard, Montanaro, Moura, Mumford, Munschy, Palangio, Picard, Pires, Pisaturo, Rabideau, Reilly, Rose, Russo, Savage, Schadone, Shavers, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Watson, Williams, Williamson, Winfield.

NAYS -0.

Representatives Scott and Kennedy request the journal to reflect that if they had voted on (00-S 2178), they would have voted in the affirmative.

There is no objection.

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

Committee on Judiciary recommends passage in concurrence.

Read and passed, in concurrence, on motion of Representative Flaherty, seconded by Representatives Martineau, McNamara, Shavers and Rabideau, on a roll call vote, 74 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS 74: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Almeida, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Callahan, Caprio, Carroll, Carter, Coderre, Coelho, Corvese, Costantino, Dennigan, Faria, Ferguson, Fleury, Fox, Garvey, George, Giannini, Ginaitt, Gorham, Henseler, Iwuc, Jacquard, Kelley, Kilmartin, Knickle, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Millard, Montanaro, Moura, Mumford, Munschy, Palangio, Picard, Pires, Pisaturo, Rabideau, Reilly, Rose, Russo, San Bento, Savage, Schadone, Shavers, Simonian, Slater, Smith, Sullivan, Thompson, Voccola, Watson, Williams, Williamson, Winfield.

NAYS -0.

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

Committee on Judiciary recommends passage in concurrence.

Read and passed, in concurrence, on motion of Representative Flaherty, seconded by Representatives Henseler and Shavers, on a roll call vote, 75 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 75: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Almeida, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Callahan, Caprio, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, DeSimone, Faria, Ferguson, Flaherty, Fleury, Garvey, George, Giannini, Ginaitt, Gorham, Henseler, Hogan, Iwuc, Jacquard, Kelley, Kilmartin, Knickle, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Millard, Montanaro, Moura, Mumford, Munschy, Palangio, Picard, Pires, Pisaturo, Rabideau, Reilly, Rose, Savage, Schadone, Shavers, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Watson, Williams, Williamson, Winfield.

NAYS -0.

4.(2000-H 8096) House Resolution creating a special House commission to study animal euthanasia. Ordered on the Calendar.

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

ANNOUNCEMENTS


Representative Giannini announces that the Committee on Finance will meet today at the rise of the House in Room 35 of the State House.

Also:

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

GUESTS


Representative Fleury welcomes to the House Chambers as guests representatives from the American Parkinson Disease Association, Frances Andersen, President, Kathryn Cullin, Sig Andersen and Jean Vient.

Representatives Gorham and Carroll welcome to the House Chambers as guests the Rhode Island State Metropolitan Class B Hockey Champions, the Ponaganset High School Chieftains, along with their coach Greg Boc and Assistant Coach Dave Dupont as follows: Jonathan Hey, Norman Marcotte, Paul Coutu, Gifford Plume, Jonathan Bachman, Kyle Lapati, Thomas Moriarty, Ryan Bell, Jeffrey Quinlan, Anthony Autiello, Joseph Loiselle, Ryan Mountford, Brenden Bell, Steven Winsor, Daniel Nadeau, Russell Miller, Mark Quinlan, and Evan Keighley.

The Honorable Speaker welcomes to the House, Senator John Celona and former R.I. Reds Hockey Player Zellio Toppazzini along with his family. At 4:40 o'clock P.M. the Honorable Speaker yields the rostrum to Zellio Toppazzini.

By unanimous consent, Zellio Toppazzini addresses the members of the House. At 4:41 o'clock P.M. the Honorable Speaker returns to the rostrum.

TRANSMITTAL



By unanimous consent, all matters on the Clerk's desk are ordered to be transmitted to His Excellency, the Governor, and to the Honorable Senate forthwith.

ADJOURNMENT


At 4:44 o'clock P.M. on motion of the Honorable Speaker Harwood and Representatives Martineau and Watson, and as a further mark of respect to the memory of the Honorable Thomas H. Needham; seconded by the entire House of Representatives, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

INVOCATION


REPRESENTATIVE H. NORMAN KNICKLE


Dear Lord, we give You thanks for the privilege of serving in this House and in this General Assembly. Help us to do our work here and make the decisions we are called upon to make in a manner worthy of this privilege we enjoy. Amen.

Appendix




TRANSMITTED TO THE GOVERNOR


(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).

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

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

Appendix



CONSENT CALENDAR




In order for Wednesday, April 5, 2000:

1. (00-S 2817) An Act reinstating and restoring forfeited or revoked corporate charters.

Committee on Corporations recommends passage in concurrence.

LOUIS D'ANTUONO
Reading Clerk
Wednesday, March 29, 2000

Appendix



CALENDAR


In order for Tuesday, April 4, 2000:

1.(2000-H 6969) An Act relating to holidays and days of special observance combat veterans.

Joint Committee on Veterans Affairs recommends passage.

2.(2000-H 7612) An Act relating to education - Rhode Island Student Investment Initiative.

Committee on Finance recommends passage.

Appendix



CALENDAR


In order for Wednesday, April 5, 2000:

1.(2000-H 7268) Resolution creating a special House commission to study the growing problem of alcohol and drug abuse in the rural communities' elementary and junior high schools.

Committee on Health, Education and Welfare recommends passage.

2.(2000-H 8068) An Act relating to criminal procedure.

Committee on Judiciary recommends passage.

3.(2000-H 8069) An Act relating to courts and civil procedure.

Committee on Judiciary recommends passage.

LOUIS D'ANTUONO
Reading Clerk
Wednesday, March 29, 2000



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