HOUSE JOURNALS - Wednesday, April 5, 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. 36 Wednesday, April 5, 2000 Thirty-sixth Day

The House of Representatives meets at the State House in Providence, Wednesday, April 5, 2000, and is called to order at 4:32 o'clock P.M., by the Honorable John B. Harwood, Speaker.

The roll is called and a quorum is declared present with 95 members present and 4 members absent as follows:

PRESENT - 95: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, 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, 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, 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 - 4: Representatives Cambio, Fox, Millard, Naughton.

INVOCATION

The Honorable Speaker presents Representative Corvese, who delivers the Invocation and leads the membership in the Pledge of Allegiance to the Flag.

APPROVAL OF RECORD

By unanimous consent, the House Journal of Tuesday, April 4, 2000, is approved as printed.

GUESTS

Representatives Benson, 5. Anderson, Garabedian, Kilmartin, Savage, Lopes, Kelley, Sherlock, Ginaitt and Garvey welcome to the House Chambers as guests the State Retired Teachers as follows: Ed Slattery, Barbara Byrne, Edith Hitch, George Donovan, Carlo Gamba, Elmer Dollar, Gloria Heisler, Chris Heisler, Madeline Jones, Barbara Del Santo, Vincent C. O'Leary, Frank Del Santo, Gloria Williams, Thelma Rodes, John Savage and Carol Mumford.

Representatives Kilmartin and Sherlock wish Frances Campbell, Representative Sherlock's sister, a retired teacher who could not be with us today, the best of health and a quick recovery.

Representative Ginaitt congratulates Anna Pryor, a retired teacher who could not be with us, for many years of service to the community.

Also:

Representatives Carter, Sherlock, Montanaro and Barr welcome to the House Chambers as guests Edward Liston, Retired President of CCRI, along with his wife Judith and daughters Nancy and Judy, and all the people from CCRI who came along to honor Edward Liston.

Also:

Representative Carter welcomes Edna O'Neill Matteson to the Chambers.

Also:

Representatives Henseler, Carroll and Russo welcome to the House Chambers as a guest Madeline Jones and presents her with a Resolution.

COMMUNICATION FROM THE SENATE

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

(00-S 2640) An Act relating to the General Assembly.

Representative Carter requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, in concurrence, on motion of Representative Carter, seconded by Representative Sherlock and the entire House of Representatives, 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, Ajello, Almeida, Amaral, Anderson, S., Barr, Benoit, Benson, Bramley, Burlingame, Callahan, Caprio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Dennigan, DeSimone, Faria, Flaherty, Garabedian, Garvey, George, Ginaitt, Gorham, Heffner, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kelley, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Lopes, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moura, Munschy, Murphy, Palangio, Palumbo, Pisaturo, Rabideau, Reilly, Rose, Russo, San Bento, Savage, Schadone, Scott, Shavers, Sherlock, Slater, Sullivan, Thompson, Vieira, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS -0.

(00-S 2872) An Act to vacate the forfeiture or revocation of the charter of MDM Landscape Construction, Inc.

Read and referred to the Committee on Corporations.

REPORTS OF COMMITTEE TRANSFER OF BILL

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

(2000-H 7931) An Act relating to health and safety - state building.

Received and referred to the Committee on Finance.

COMMITTEE ON LABOR

Representative Faria, for the Committee on Labor, reports back the following measure, with recommendation of no passage:

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

No further action required.

Representative Faria, for the Committee on Labor, reports back the following measure, with recommendation of passage:

(2000-H 7706) (Substitute "A") An Act relating to labor and labor relations pipefitters and refrigeration technicians, fire protection sprinkler contractors and journeypersons sprinkler fitters, sheet metal contractors and journeypersons and oil heat contractors.

Received and ordered to be placed on the Calendar.

NEW BUSINESS

Representatives Coderre, Cicilline, Benson, Slater and Benoit introduce (2000-H 8127) An Act relating to housing and conservation trust fund act.

Read and referred to the Committee on Finance.

Representatives McCauley, Corvese, Slater, Reilly and George introduce (2000-H 8128) An Act relating to financial institutions.

Read and referred to the Committee on Corporations.

Representatives Rose, Sullivan, Coelho, Lopes, Savage and Dennigan introduce (2000-H 8129) An Act relating to East Providence- real estate nonutilization tax.

Read and referred to the Committee on Corporations.

Representatives Menard, Barr, Winfield and Vieira introduce (2000-H 8130) An Act relating to town housing authorities.

Read and referred to the Committee on Corporations.

Representative Winfield introduces (2000-H 8131) An Act relating to waters and navigation - Rhode Island Clean Water Finance Agency.

Read and referred to the Committee on Corporations.

Representatives Henseler, Benson, Kelley, Carter, Faria and several other members of the House introduce (2000-H 8132) House Resolution proclaiming the first Wednesday in April, annually, as Retired Teachers Day in Rhode Island.

Representative Henseler requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Martineau and Watson introduce (2000-H 8133) 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 Martineau and Watson introduce (2000-H 8134) House Resolution extending condolences.

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 rising vote.

NOTICES OF BILL/RESOLUTION
INTRODUCTION

Representative Lopes gives notice that on the next legislative day she will introduce a measure concerning mortgages.

This notice is given in compliance with House Rule 42.

MARIA J. LOPES
Representative, District 83

Received and ordered to be placed on file.

Representative Shavers gives notice that on the next legislative day she will introduce a measure relating to District Court.

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 relating to 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 Kelley gives notice that on the next legislative day she will introduce a measure concerning an act relating to public utilities.

This notice is given in compliance with House Rule 42.

LEONA A. KELLEY
Representative, District 49

Received and ordered to be placed on file.

Representative Rabideau gives notice that on the next legislative day he will introduce a measure concerning Burrillville police.

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

This notice is given in compliance with House Rule 42.

BARBARA C. BURLINGAME
Representative, District 62

Received and ordered to be placed on file.

Representative Kennedy gives notice that on the next legislative day he will introduce a measure concerning criminal procedure.

This notice is given in compliance with House Rule 42.

BRIAN P. KENNEDY
Representative, District 16

Received and ordered to be placed on file.

CALENDAR

From the Calendar are taken:

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.

Representative Benoit moves passage of the act, seconded by Representatives Scott, Amaral, Lewiss, Ginaitt, Corvese, Garabedian and Savage.

Representatives Amaral and Benoit discuss the act.

By unanimous consent, Representative Amaral, seconded by Representatives Scott and Kelley, offers an oral motion to amend.

The motion to amend prevails on a voice vote.

The Resolution passes, as amended, on a voice vote.

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

Committee on Judiciary recommends passage.

Read, and by unanimous consent, ordered to be placed on the Calendar for Thursday, April 6, 2000.

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

Committee on Judiciary recommends passage.

Read and passed, on motion of Representative Flaherty, seconded by Representatives Martineau, Cicilline and Russo, 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 Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Bramley, Burlingame, Callahan, Caprio, Carpenter, Carroll, Carter, Cicilline, Coderre, Corvese, Costantino, Dennigan, DeSimone, Faria, Flaherty, Garabedian, Garvey, George, Giannini, Ginaitt, Gorham, Heffner, Hetherington, Hogan, Iwuc, Jacquard, Kelley, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lopes, Maher, Malik, McCauley, McNamara, Menard, Montanaro, Munschy, Murphy, Palangio, Palumbo, Pisaturo, Rabideau, Reilly, Rose, Russo, San Bento, Savage, Schadone, Scott, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS -0.

Representative Sherlock requests the journal to reflect that he had voted on

(2000-H 8069), he would have voted in the affirmative.

There is no objection.

CONSENT CALENDAR

From the Consent Calendar is taken:

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

Committee on Corporations recommends passage in concurrence.

Read and passed, in concurrence, on motion of Representative Martineau, seconded by Representatives Watson and Henseler, and 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.

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 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 Bramley announces that the Committee on Special Legislation will meet today at the rise of the House in Room 201 of the State House.

ADJOURNMENT

At 5:05 o'clock P.M. on motion of Representative San Bento, and as a further mark of respect to the memory of Harvey E. Goulet, Sr., seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix

TRANSMITTED TO THE GOVERNOR

(00-S 2640) An Act relating to the General Assembly.

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
Wednesday, April 5, 2000

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 7217) 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.

9.(2000-H 8068) An Act relating to criminal procedure.

Committee on Judiciary recommends passage.

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.

Appendix

CALENDAR

In order for Wednesday, April 12, 2000:

1.(2000-H 7706) (Substitute "A") An Act relating to labor and labor relations - pipefitters and refrigeration technicians, fire protection sprinkler contractors and journeypersons sprinkler fitters, sheet metal contractors and journeypersons and oil heat contractors.

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

LOUIS D'ANTUONO
Reading Clerk
Wednesday, April 5, 2000

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