HOUSE JOURNALS - Tuesday, April 4, 2000

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. 35 Tuesday, April 4, 2000 Thirty-fifth Day

The House of Representatives meets at the State House in Providence, Tuesday, April 4, 2000, and is called to order at 5:25 o'clock P.M., by the Honorable John B. Harwood, Speaker.

The roll is called and a quorum is declared present with 97 members present and 2 members absent as follows:

PRESENT 97; The Honorable Speaker Harwood and Representatives Abdullah.Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, 5., Barr, Benoit, Benson, Bramley, Burlingame, Callahan, Cambio, Caprio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Ferguson, Flaherty, Fleury, Garabedian, Garvey, George, Giannini, Ginaitt, Gorham, Heffner, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kelley, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, 6., Lewiss, Lima, Long, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Millard, Montanaro, Moura, Mumford, Munschy, Murphy, 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 - 2; Representatives Fox, Naughton.

INVOCATION

The Honorable Speaker presents Representative Mumford, 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, March 30, 2000, is approved as printed.

ANNOUNCEMENT

Representative Naughton will be out of town on business and unable to attend session on April 4, 5 and 6, 2000.

GUEST

Representatives Palangio and Costantino welcome to the House Chambers as a guest Stephano DelMonte from Florence, Italy.

REPORTS OF COMMITTEES

COMMITTEE ON
HEALTH, EDUCATION AND WELFARE

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

(2000-H 6844) An Act relating to health and safety residential care and assisted living facility licensing act and rights of nursing home patients.

Received and ordered to be placed on the Calendar.

(2000-H 7393) (Substitute "A") An Act relating to health and safety - durable power of attorney for health care.

Received and ordered to be placed on the Calendar.

(2000-H 7462) (Substitute "A") An Act relating to businesses and professions physician assistants.

Received and ordered to be placed on the Calendar.

(2000-H 7463 as amended) An Act relating to health and safety- long term care coordinating council.

Received and ordered to be placed on the Calendar.

(2000-H 7655) An Act relating to libraries.

Received and ordered to be placed on the Calendar.

(2000-H 7660 as amended) An Act relating to health and safety- health care quality steering committee.

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 7380 as amended) An Act relating to motor vehicles- special stops.

Received and ordered to be placed on the Calendar.

(2000-H 7381) (Substitute "A") An Act relating to motor and other vehicles suspension or revocation or licenses.

Received and ordered to be placed on the Calendar.

(2000-H 7388) (Substitute "A") An Act relating to statutes and statutory construction.

Received and ordered to be placed on the Calendar.

(2000-H 7528) An Act relating to courts and civil procedure- courts - judicial selection.

Received and ordered to be placed on the Calendar.

(2000-H 7531) An Act relating to motor and other vehicles suspension or revocation of licenses violations.

Received and ordered to be placed on the Calendar.

(2000-H 7535) (Substitute "A") An Act relating to criminal offenses - impersonation - identity fraud.

Received and ordered to be placed on the Calendar.

(2000-H 7592) An Act relating to domestic relations - divorce and separation.

Received and ordered to be placed on the Calendar.

COMMITTEE ON SPECIAL LEGISLATION

Representative Lopes, for the Committee on Special Legislation, reports back the following measure, with recommendation of passage:

(00-S 2204) An Act relating to the town of Bristol - alcoholic beverages.

Received and ordered to be placed on the Calendar.

NEW BUSINESS

Representatives Sullivan, Rose, Coelho, Maher and Knickle introduce (2000-H 8120) An Act relating to motor and other vehicles motor vehicle offenses.

Read and referred to the Committee on Judiciary.

Representative Kilmartin introduces (2000-H 8121) An Act relating to criminal offenses - street terrorism enforcement and prevention act.

Read and referred to the Committee on Judiciary.

Representatives McCauley, Williams, Moura, Slater, Giannini and several other members of the House introduce (2000-H 8122) An Act relating to the city of Providence - residential rehabilitation tax relief.

Read and referred to the Committee on Corporations.

Representative Kennedy introduces (2000-H 8123) An Act relating to towns and cities -optional retirement for police/firefighters.

Read and referred to the Committee on Corporations.

Representatives Henseler and Watson introduce (2000-H 8124) 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 an address by the Commissioner of Elementary and Secondary Education regarding the Rhode Island Student Investment Initiative.

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.

Representatives Sherlock, Savage, Ginaitt, Crowley, Flaherty, McNamara and Watson introduce (2000-H 8125) Joint Resolution memorializing the Congress of the United States to fulfill its commitment of forty percent (40%) federal funding in its reauthorization of the Individuals With Disabilities Education Act (20 U.S.C. 1400 et seq.)

Representative Sherlock requests to place

(2000-H 8125) on the Calendar for Thursday, April 6, 2000.

There is no objection.

Ordered on the Calendar for Thursday, April 6, 2000.

Representatives Palumbo, Naughton, McCauley, Vieira and Reilly introduce (2000-H 8126) House Resolution respectfully requesting the Attorney General to investigate the possibility of taking legal action against PG&E's Brayton Point Station for pollution to Mount Hope Bay.

Representative Palumbo requests to place (2000-H 8126) on the Calendar for Thursday, April 6, 2000.

There is no objection.

Ordered on the Calendar for Thursday, April 6, 2000.

NOTICES OF BILL/RESOLUTION
INTRODUCTION

Representative Menard gives notice that on the next legislative day he will introduce a measure concerning town housing authorities.

This notice is given in compliance with House Rule 42.

RENE R.MENARD
Representative District 58

Received and ordered to be placed on file.

Representative Cicilline gives notice that on the next legislative day he will introduce a measure concerning joint legislative commission on oversight.

This notice is given in compliance with House Rule 42.

DAVID N.CICILLINE
Representative District 4

Received and ordered to be placed on file.

Representative Rabideau gives notice that on the next legislative day he will introduce a measure concerning businesses and professions - second-hand dealers.

This notice is given in compliance with House Rule 42.

SCOTT P. RABIDEAU
Representative District 60

Received and ordered to be placed on file.

Representative Moura gives notice that on the next legislative day he will introduce a measure concerning days of observance.

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 Coderre gives notice that on the next legislative day she will introduce a measure relating to housing and conservation trust fund act.

This notice is given in compliance with House Rule 42.

ELAINE A. CODERRE
Representative District 78

Received and ordered to be placed on file.

CALENDAR

From the Calendar are taken:

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

Joint Committee on Veterans Affairs recommends passage.

Read and passed, on motion of Representative Coderre, seconded by Representatives Henseler, Carter, Menard, Malik, Iwuc, Munschy, Sullivan, Burlingame, Giannini, Benson, Coelho, Shavers, Savage and Garabedian, on a roll call vote, 84 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 84: The Honorable Speaker Ha-wood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Burlingame, Cambio, Caprio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Dennigan, DeSimone, Faria, Fleury, Garabedian, Garvey, George, Giannini, Ginaitt, Heffner, Henseler, Hetherington, Hogan, Iwuc, Kelley, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lopes, Maher, Malik, Martineau, McCauley, McNamara, Menard, Millard, Montanaro, Moura, Mumford, Munschy, Murphy, Palangio, Palumbo, Picard, Fires, Pisaturo, Reilly, Rose, Russo, Savage, Schadone, Scott, Shavers, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS -0.

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

Committee on Finance recommends passage.

Representative Crowley moves passage of the act, seconded by Representatives Carter, Faria, Picard and Garabedian.

By unanimous consent, Representative C. Levesque, seconded by Representatives Carroll, Cicilline, Abdullah-Odiase, Shavers and G. Levesque, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(2000-H 7612)

Mr. Speaker:

I hereby move to amend

(2000-H 7612) entitled "AN ACT RELATING TO EDUCATION RHODE ISLAND STUDENT INVESTMENT INITIATIVE," as follows:

1). On page 2, line 3, after the word "Environment" by adding the words "with due regard for the rights of students".

2). On page 2, line 19, after the word "Environment", by adding the words "in accordance with due process and with due regard for the rights of students".

Respectfully submitted,

CHARLES J. LEVESQUE Representative District 93

Representatives Smith and Moura discuss the amendment.

The motion to amend is read and prevails on a roll call vote, 89 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 89: The Honorable Speaker Harwood and Representatives Abdullah.Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, 5., Barr, Benoit, Benson, Bramley, Burlingame, Cambio, Caprio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Flaherty, Fleury, Garabedian, Garvey, George, Giannini, Ginaitt, Gorham, Heffner, Henseler, Hetherington, Hogan, Iwuc, Kelley, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Millard, Montanaro, Moura, Mumford, Munschy, Murphy, Palangio, Palumbo, Picard, Pires, Pisaturo, Rabideau, Reilly, Rose, Russo, Savage, Schadone, Scott, Shavers, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS -O.

Representatives Amaral, Garabedian, Benson, McNamara, Mumford and Smith discuss the act.

Read and passed, as amended, on a roll call vote, 89 members voting in the affirmative and 3 members voting in the negative as follows:

YEAS 89; The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Anderson, M., Anderson, 5., Barr, Benoit, Benson, Bramley, Burlingame, Callahan, Caprio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Ferguson, Flaherty, Fleury, Garabedian, Garvey, George, Giannini, Ginaitt, Heffner, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kelley, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moura, Mumford, Munschy, Murphy, Palangio, Palumbo, Picard, Pires, Pisaturo, Quick, Rabideau, Reilly, Rose, Russo, Savage, Schadone, Shavers, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS - 3: Representatives Amaral, Gorham, Scott.

3.(2000-H 8119) House Resolution urging that the State Department. the German Government and German Industrial Complex resolve the remaining issue left in the aftermath of World War II, namely a just equitable and inclusive settlement of the slave labor/forced labor discussions in Bonn An.

Ordered on the Calendar.

Representative Iwuc moves passage of the resolution, seconded by Representatives Garabedian, McNamara, Dennigan, Shavers, Munschy, Abdullah-Odiase, Lewiss, Reilly, Bramley, Henseler, Simonian, Coelho, Coderre, Montanaro and Lopes.

Representative Garabedian discusses the resolution.

The Resolution passes, by unanimous consent, 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.

APPOINTMENTS

The Honorable Speaker appoints the following Representatives:
The Honorable Gerald Martineau
The Honorable Rene Menard
The Honorable Joan Quick
The Honorable Paul Sherlock
The Honorable Melvoid Benson

As a committee to notify the Honorable Charles Fogarty, Senate President, and the Honorable Senate that the House of Representatives awaits their arrival to join, in Joint Session for the purpose of receiving the State of Education Address from the Commissioner of Elementary and Secondary Education Peter McWalters.

ANNOUNCEMENTS

Representative Benoit announces that the Committee on Health, Education and Welfare will meet today at 6:30 o'clock P.M. in Room 135 of the State House.

Also:

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 Kennedy announces that the Committee on Corporations will meet today, tomorrow and Thursday at the rise of the House in Room 203 of the State House.

ADJOURNMENT

At 5:56 o'clock P.M. on motion of Representative Heffner, and as a further mark of respect to the memory of Angelina Teixeira; on motion of Representative Corvese, and as a further mark of respect to the memory of Frank J. Iafrate, seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix

INVOCATION

REPRESENTATIVE CAROL A. MUMFORD

Almighty God, we pray that you bless and guide the teachers who have our children in their care. Strengthen and confirm them in their knowledge of thy law and truth, that they may faithfully impact the same. Amen.

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.

Appendix

CONSENT CALENDAR

In order for Thursday, April 6, 2000:

1.(2000-H 7962) An Act relating to real estate nonutilization tax of the cities of Providence, Pawtucket, Cranston and the town of North Providence.

Committee on Corporations recommends passage.

2.(2000-H 8063) An Act relating to levy and assessment of local taxes.

Committee on Corporations recommends passage.

3.(00-S 2011 as amended) An Act relating to towns and cities- New Shoreham water supply system.

Committee on Corporations recommends passage as amended in concurrence.

4.(00-S 2151 as amended) An Act relating to the towns of Foster and Glocester - regional juvenile hearing board.

Committee on Corporations recommends passage as amended in concurrence.

5. (00-S 2366) An Act authorizing the Audubon Society of Rhode Island to increase its holdings to an amount not exceeding fifty million dollars ($50,000,000).

Committee on Corporations recommends passage in concurrence.

6. (00-S 2392) An Act confirming property tax exemption of American Baptist Churches of Rhode Island.

Committee on Corporations recommends passage in concurrence.

7. (00-S 2826) An Act authorizing the town of New Shoreham to finance additions, renovations, improvements, alterations and repairs and to finance the purchase of furnishing and equipment for schools and school facilities in the town by the issuance of not more than $4,963,000 bonds and/or notes therefor.

Committee on Corporations recommends passage in concurrence.

8.(00-S 2845) An Act to vacate the forfeiture or revocation of the charter of Brewerville Civic Association, Inc.

Committee on Corporations recommends passage in concurrence.

LOUIS D'ANTUONO
Reading Clerk
Tuesday, April 4, 2000

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.

Appendix

CALENDAR

In order for Thursday, April 6, 2000:

1.(2000-H 6948) An Act relating(to parks and recreational areas - general provisions. Joint Committee on Naming State Constructions recommends passage.

2.(2000-H ~217) An Act relating to the General Assembly. Joint Committee on Naming State Constructions recommends passage.

3.(2000-H 7414) An Act relating to Rhode Island Turnpike and Bridge Authority. Joint Committee on Naming State Constructions recommends passage.

4.(2000-H 7560) (Substitute "A") An Act relating to taxation- cigarette tax.

Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A".

5.(2000-H 7726) An Act relating to public records.

Committee on Finance recommends passage.

6.(2000-H 7727) An Act relating to motor vehicle repair businesses in Pawtucket.

Committee on Finance recommends passage.

7.(2000-H 8125) Joint Resolution memorializing the Congress of the United States to fulfill its commitment of forty percent (40%) federal funding in its reauthorization of the Individuals With Disabilities Education Act (20 U.S.C. 1400 et seq.) Ordered on the Calendar.

8.(2000-H 8126) House Resolution respectfully requesting the Attorney General to investigate the possibility of taking legal action against PG&E's Brayton Point Station for pollution to Mount Hope Bay. Ordered on the Calendar.

Appendix

CALENDAR

In order for Tuesday, April 11, 2000:

1. (00-S 2204) An Act relating to the town of Bristol - alcoholic beverages.

Committee on Special Legislation recommends passage in concurrence.

2.(2000-H 6844) An Act relating to health and safety - residential care and assisted living facility licensing act and rights of nursing home patients.

Committee on Health, Education and Welfare recommends passage.

3.(2000-H 7380 as amended) An Act relating to motor vehicles- special stops.

Committee on Judiciary recommends passage as amended.

4.(2000-H 7381) (Substitute "A") An Act relating to motor and other vehicles - suspension or revocation or licenses.

Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".

5.(2000-H 7388) (Substitute "A") An Act relating to statutes and statutory construction.

Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A,'.

6.(2000-H 7393) (Substitute "A") An Act relating to health and safety - durable power of attorney for health care.

Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".

7.(2000-H 7462) (Substitute "A") An Act relating to businesses and professions - physician assistants.

Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".

8.(2000-H 7463 as amended) An Act relating to health and safety long term care coordinating council.

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

9.(2000-H 7528) An Act relating to courts and civil procedure- courts - judicial selection.

Committee on Judiciary recommends passage.

10.(2000-H 7531) An Act relating to motor and other vehicles - suspension or revocation of licenses - violations.

Committee on Judiciary recommends passage.

11.(2000-H 7535) (Substitute "A") An Act relating to criminal offenses - impersonation -identity fraud.

Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".

12.(2000-H 7592) An Act relating to domestic relations- divorce and separation.

Committee on Judiciary recommends passage.

13.(2000-H 7655) An Act relating to libraries.

Committee on Health, Education and Welfare recommends passage.

14.(2000-H 7660 as amended) An Act relating to health and safety health care quality steering committee.

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

LOUIS D'ANTUONO
Reading Clerk
Tuesday, April 4, 2000

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