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. 42 |
Thursday, April 27, 2000 |
Forty-second Day |
The House of Representatives meets at the State House in Providence, Thursday, April 27, 2000, and is called to order at 4:44 o'clock P.M., by the Honorable John B. Harwood, Speaker.
The roll is called and a quorum is declared present with 92 members present and 7 members absent as follows:
PRESENT - 92: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benson, Bramley, Burlingame, Callahan, Carnbio, Caprio, Carpenter, Carroll, Carter, Coderre, Coelho, 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, Liina, Long, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moura, Mumford, Munschy, Murphy, Palangio, Picard, Pires, Pisaturo, Quick, Rabideau, Reilly, Rose, Russo, San Bento, Savage, Schadone, Scott, Shavers, Sherlock, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Williamson, Wintield.
ABSENT - 7: Representatives Benoit, Cicilline, Millard, Naughton, Palurnho Simonian, Williams.
INVOCATION
The Honorable Speaker presents Representative Burlingame, who delivers the Invocation and leads the membership in the Pledge of Allegiance to the Flag.
(For Invocation, see Appendix, this Journal.)
CORRECTION
By unanimous consent, the House Journal of Wednesday, April 26, 2000, is hereby corrected on page 2, column 2, line 31, by deleting "Labor" and inserting "Judiciary".
APPROVAL OF RECORD
By unanimous consent, the House Journal of Wednesday, April 26, 2000, is approved as corrected.
ANNOUNCEMENTS
Representative Benoit will be out of town on work related business and unable to attend session today, Thursday, April 27, 2000.
Also:
Representative Cicilline will be out of town and unable to attend session today, Thursday, April
27,2000.
Also;
Representative Naughton will be out of town on conference and unable to attend session today, Thursday, April 27, 2000.
COMMUNICATION FROM THE SENATE
A message from the Honorable Senate transmits with announcement of passage, of the following measures:
(00-S 2265) An Act relating to civil rights.
Read and referred to the Committee on Health, Education and Welfare.
(00-S 2298) (Substitute "A") An Act relating to education-
student identification numbers.
Read and referred to the Committee on Judiciary.
(00-S 2531) An Act relating to public property and works acquisition of land.
Read and referred to the Committee on Judiciary.
(00-S2623) (Substitute "A" as amended) An Act relating to waters and navigation.
Read and referred to the Committee on Judiciary.
(00-S 2742) An Act relating to insurance.
Read and referred to the Committee on Corporations.
(00-S 2763) An Act relating to education - board of governore for higher education.
Read and referred to the Committee on Judiciary.
(00-S 2804) An Act relating to domestic relations
- divorce and separation.
Read and referred to the Committee on Judiciary.
(00-S2832) (Substitute "A" as amended) An Act relating to uniform controlled substances.
Read and referred to the Committee on Judiciary.
(00-S 2866) An Act relating to solemnization of marriages.
Read and referred to the Committee on Judiciary.
(00-S 2877 as amended) An Act relating to health and safety-
refuse disposal.
Read and referred to the Committee on Corporations.
(00-S 2933) An Act to vacate the forfeiture or revocation of the charter of Central Fire Company, Number 1.
Read and referred to the Committee on Corporations.
GUESTS
Representative Garabedian welcomes to the House chambers as guests Joseph Brown and Sandy Centazzo from Rhode Island Meals on Wheels.
Also:
Representative Watson welcomes to the House chambers as a guest Michael Dennehy.
REPORTS OF COMMITTEES
COMMITTEE ON JUDICIARY
Representative Flaherty, for the Committee on Judiciary, reports back the following measures, with recommendation of passage:
(2000-H 7529) (Substitute "A") Joint Resolution creating a special legislative commission to study an enhanced role for probation and parole.
Received and ordered to be placed on the Calendar.
(2000-H 7095) (Substitute "A") An Act relating
to weapons.
Received and ordered to be placed on the Calendar.
(2000-H 7905) (Substitute "A") House Resolution creating a special House commission to study confidentiality and proprietary rights regarding genetic.
Received and ordered to be placed on the Calendar.
(2000-H 7938) (Substitute "A") An Act relating to probate practice and procedure -guardianships.
Received and ordered to be placed on the Calendar.
(2000-H 7940) (Substitute "A") An Act relating to criminal oftenses - false personation.
Received and ordered to be placed on the Calendar.
(2000-H 8005) An Act relating to criminal offenses - weapons.
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 2269) (Substitute "A") An Act relating to elections-
ballots for blind and visually impaired voters.
Received and ordered to be placed on the Calendar.
JOINT COMMITTEE ON HIGHWAY SAFETY
Representative Garvey, for the Joint Committee on Highway Safety, reports back the following measures, with recommendation of passage:
(2000-H 7701) An Act relating to safety -accident reports.
Received and ordered to be placed on the Calendar.
(2000-H 7163) (Substitute "A") An Act relating to motor and other vehicles - lighting equipment and reflectors.
Received and ordered to be placed on the Calendar.
(2000-H 7243) (Substitute "A") An Act relating to highways-
construction and maintenance.
Received and ordered to be placed on the Calendar.
NEW BUSINESS
Representatives Russo and Voccola introduce (2000-H 8191) An Act establishing a Johnston Land Trust.
Read and referred to the Committee on Corporations.
Representative Picard introduces (2000-H 8192) An Act relating to sales and use tax - liability and computation.
Read and referred to the Committee on Finance.
Representatives Martineau and Watson introduce (2000-H 8193) 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 the entire House of Representatives, and by unanimous consent, on a voice vote.
Representatives Martineau and Watson introduce (2000-H 8194) 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.
NOTICES OF BILL/RESOLUTION
INTRODUCTION
Representative Iwuc gives notice that on the next legislative day he will introduce a measure concerning child restraint devices.
This notice is given in compliance with House Rule 42.
DAVID S. IWUC
Representative, District 68
Received and ordered to be placed on file.
Representative Iwuc gives notice that on the next legislative day he will introduce a measure concerning miscellaneous rules-
child restraint devices.
This notice is given in compliance with House Rule 42.
DAVID 5. IWUC
Representative, District 68
Received and ordered to be placed on file.
Representative Moura gives notice that on the next legislative day he will introduce a measure concerning public drinking water.
This notice is given in compliance with House Rule 42.
PAULE.MOURA
Representative, District 2
Received and ordered to be placed on file.
CALENDAR
From the Calendar is taken:
1.(2000-H 7540) (Substitute "A" as amended) An Act relating to motor vehicle offenses.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.
Representative Ginaitt moves passage of the act, seconded by Representatives Henseler, Cambio, Benson, Coelho, Martineau, Menard, Flaherty, Murphy, Lowe, Shavers, Lewiss, Sullivan, Hetherington, Garvey, Williamson, McCauley, Aiken, Rose, McNamara, Kelley, Amaral, Long and Lally.
Representative Martineau discusses the act.
By unanimous consent, Representative Ginaitt, seconded by Representatives Henseler, Cambio, Benson, Coelho, Martineau, Menard, Flaherty, Murphy, Lowe, Shavers, Lewiss, Sullivan, Hetherington, Garvey, Williamson, McCauley, Aiken, Rose, McNamara, Kelley, Amaral, Long and Lally, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(2000-H 7540) (Substitute "A" as amended)
Mr. Speaker:
I hereby move to amend (2000-H 7540) (Substi
tute "A" as amended) entitled "AN ACT RELATING TO MOTOR VEHICLE OFFENSES," as follows:
By deleting all of the language after the enactment clause and substituting the following language therefor:
SECTION 1. Section 31-27-2 of the General Laws in Chapter 31- 27 entitled "Motor Vehicle Offenses" is hereby amended to read as follows:
31-27-2. DRIVING UNDER INFLUENCE OF LIQUOR OR DRUGS - (a) Whoever operates or otherwise drives any vehicle in the state while under the influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination thereof, shall be guilty of a violation or a misdemeanor as set forth in subsection (b)(3) and shall be punished as provided in subsection (d) of this section.
(b) (1) Any person charged under subsection (a) of this section whose blood alcohol concentration
ef eight one
is
hundredths of one percent (.08%) or more by weight as shown by a chemical analysis of a blood, breath, or urine sample shall be guilty of violating subsection (a) of this section. This provision shall not preclude a conviction based on other admissible evidence. Proof of guilt under this section may also be based on evidence that the person charged was under the influence of intoxicating liquor, drugs, toluene, or any controlled substance defined in chapter 28 of title 21, or any combination thereof, to a degree which rendered such person incapable of safely operating a vehicle. The fact that any person charged with violating this section is or has been legally entitled to use alcohol or a drug shall not constitute a defense against any charge of violating this section.
(2) Whoever operates or otherwise drives any vehicle in the state with a blood presence of any scheduled controlled substance as defined within chapter 28 of title 21, as shown by analysis ofa blood or urine sample, shall be guilty ofa misdemeanor and shall be punished as provided in subsection (d) of this section.
(3) Whoever operates or otherwise drives any vehicle in the state while under the influence of any intoxicating liquor shall be found to have committed a civil violation for a first offense if his or her blood alcohol concentration is eight one-hundredths of one percent (.08%) or more by weight but less than one-tenth of one percent (.1%) and shall be guilty of a misdemeanor for a second offense, within a five (g) year period if his or her blood alcohol concentration is eight one-hundredths of one percent (.08%) or more by weight but less than one-tenth of one percent (.1%) by weight or of his or her blood alcohol concentration Is one-tenth of one percent (.1%) or greater and shall be punished as provided in subsection (d) of this section. Provided, however, whoever operates a motor vehicle if his or her blood alcohol concentration is eight onehundredths of one percent (.08%) or more by weight but less than one-tenth of one percent (.1%) when serious bodily in]ury or death of any person other than the operator is caused by the operation of any motor vehicle, the operator shall be guilty of a felony pursuant to sections 31-27-2.2 and
31-27-2.6.
(c) In any civil or criminal prosecution for a violation of subsection (a) of this section, evidence as to the amount of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination thereof in the defendant's blood at the time alleged as shown by a chemical analysis of the defendant's breath, blood, or urine or other bodily substance shall be admissible and competent, provided that evidence is presented that the following conditions have been complied with:
(1) The defendant has consented to the taking of the test upon which the analysis is made. Evidence that the defendant had refused to submi+ to the test shall not be admissible unless the defendant elects to testify.
(2) A true copy of the report of the test result was mailed within seventy-two (72) hours to the person to a breath test.
(3) Any person submitting to a chemical test of blood, urine, or other body fluids shall have a true of the report of the test result mailed to him or her within thirty (30) the taking of the test.
(4) The test was performed according to methods and with equipment approved by the director of the department of health of the state of Rhode Island and by an authorized individual.
(5) Equipment used for the conduct of the tests by means of breath analysis had been tested for accuracy within thirty (30) days preceding the test by personnel qualified as hereinbefore provided, and breathalyzer operators shall be qualified and certified by the department of health within three hundred sixty-five (365) days of the test.
(6) The person arrested and charged with operating a motor vehicle while under the influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21 or, any combination thereof in violation of subsection (a) of this section was afforded the opportunity to have an additional chemical test and the officer arresting or so charging the person informed the person of this right and afforded him or her a reasonable opportunity to exercise the same, and a notation to this effect is made in the official records of the case in the police department. Refusal to permit an additional chemical test shall render incompetent and inadmissible in evidence the original report.
(d) (1) Every person :=lC~ effound to have violated subsection (b)(1) for a first violation whose blood alcohol level is eight onehundredths of one percent (.08%) but less than one-tenth of one percent (.1%) by weight may be subject to a fine of not less than one hundred dollars (~100) nor more than two hundred fifty dollars ($250), may be required to perform ten (10) to sixty (80) hours of public community restitution, may be required to attend a special course on driving while intoxicated or under the influence of a controlled substance and his or her driver's license shall be suspended for up to forty-five (46) days. Every person convicted of a first violation whose blood alcohol level is one-tenth of one percent (.1%) by weight or greater but less than fifteen hundredths ofonepercent(.15%) shall be subject to a fine of not less than one hundred ($100) dollars nor more than three hundred dollars ($300) and shall be required to perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned for up to one year. The sentence may be served in any unit of the adult correctional institution in the discretion of the sentencing judge. The person's driving license shall be suspended for a period of three (3) months to six (6) months. The sentencing judge shall require attendance at a special course on driving while intoxicated or under the influence of a controlled substance and/or alcoholic or drug treatment for the individual.
Every person convicted of a first offense whose blood alcohol concentration is fifteen hundredths of one percent (.1~%) or more shall be subject to a fine of five hundred dollars ($500) and shall be required to perform twenty (20) to sixty (80) hours of public community restitution and/or shall be imprisoned for up to one (1) year. The sentence may be served in any unit of the adult correctional institution In the discretion of the sentencing judge. The person's driving license shall be suspended for a period of three (3) months to six (8) months. The sentencing judge shall require attendance at a special course on driving while intoxicated or under the influence of a controlled substance and/or alcohol or drug treatnient for the individual.
(2) Every person convicted of a second violation within a five year period with a blood alcohol level of eight onehundredths of one percent (.08%) but less that one-tenth of one percent (.1%) and every person convicted of a second violation within a five(S) year period regardless of whether the prior violation and subsequent conviction was a violation and subsequent conviction under this statute or under the driving under the influence of liquor or drugs statute of any other state, shall be subject to a mandatory fine of four hundred dollars ($400). The person's driving license shall be suspended for a period of one year to two (2) years, and the individual shall be sentenced to not less than ten (10) days nor more than one year in jail. The sentence may be served in any unit of the adult correctional institution in the discretion of the sentencing judge; however, not less than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall require alcohol or drug treatment for the individual, and may prohibit such person from operating a motor vehicle that is not equipped with an ignition interlock system for a period of
one (1) year to two (2) years following the completion of the sentence as provided in section 31-27-2.8.
Every person convicted of a second vio
lation within a five (5) year period and his or her blood alcohol concentration is fifteen hundredths of one percent (.15%) or more by weight as shown by a chemical analysis of a blood, breath, or urine sample shall be subject to mandatory imprisonment of not less than six (8) months nor more than one (1) year, a mandatory fine of not less than one thousand dollars (~1,000) and a mandatory license suspension for a period of two
(2) years from the date of completion of the
sentence imposed under this subsection.
(3)(i) Every person convicted of a third or subsequent violation within a five (5) year period regardless of whether any prior violation and subsequent conviction was a violation and subsequent conviction under this statute or under the driving under the influence of liquor or drugs statute of any other state shall be guilty of a felony and be subject to a mandatory fine of four hundred ($400) dollars. The person's driving license shall be suspended for a period of two (2) years to three (3) years, and the individual shall be sentenced to not less than
one (1) year and not more than three (3) years in jail. The sentence may be served in any unit of the adult correctional institution in the discretion of the sentencing judge; however, not less than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall require alcohol or drug treatment for the individual, and may prohibit such person from operating a motor vehicle that is not equipped with an ignition interlock system for a period of two (2) years following the completion of the sentence as provided in section 31-27-2.8.
Every person convicted of a third or subsequent violation within a five year period whereby his or her blood alcohol concentration is fifteen hundredths of one percent (.1~%) or more by weight as shown by a chemical analysis of 8 blood, breath, or urine sample shall be subject to mandatory imprisonment of not less than three (3) years nor more than five years, a mandatory fine of not less than one thousand dollars 1,000) nor more than five thousand dollars (~&,00O) and a mandatory license suspension for a period of three (3) years from the date of completion of the sentence in posed under this subsection.
(ii) In addition to the foregoing penalties, every person convicted of a third or subsequent violation within a five (5) year period regardless of whether any prior violation and subsequent conviction was a violation and subsequent conviction under this statute or under the driving under the influence of liquor or drugs statute of any other state shall be subject, in the discretion of the sentencing judge, to having the vehicle owned and operated by the violator seized and sold by the state of Rhode Island, with all funds obtained thereby to be transferred to the general fund.
(4) For purposes of determining the period of license suspension, a prior violation shall constitute any charge brought and sustained under the provisions of this section or section 31-27-2.1, as amended.
Any person over the age of eighteen (18) who is convicted under this section for operating a motor vehicle while under the influence of alcohol, other drugs, or a combination thereof, while a child under the age of thirteen (13) years was present as a passenger in the motor vehicle when the offense was committed may be sentenced to a term of imprisonment of not more than one year and further shall not be entitled to the benefit of suspension or deferment of this sentence. The sentence imposed under this section may be served in any unit of the adult correctional institution in the discretion of the sentencing judge.
(5)(i) Any person convicted of a violation under this section shall pay a highway assessment fine of five hundred dollars ($500). The assessment shall be imposed on July 1, 1982 and every year thereafter and shall be deposited into the general fund. The assessment provided for by this
subsection shall be collected from a violator before
any other fines authorized by this section.
(ii) Any person convicted of a violation under this section shall be assessed a fee. The fee shall be as follows:
FISCAL YEAR FISCAL YEAR FISCAL YEAR
1993-1996 199&1999 2000-2006
$147 $173 $86
(6)(i) If the person convicted of violating this section is under the age of eighteen (18) years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of public community restitution, and the juvenile's driving license shall be suspended for a period of six (6) months, and may be suspended for a period up to eighteen (18) months. The sentencing judge shall also require attendance at a special course on driving while intoxicated or under the influence of a controlled substance and alcohol or drug education and/or treatment for the juvenile. The juvenile may also be required to pay a highway assessment fine of no more than five hundred dollars ($500), and the assessment imposed shall be deposited into the general and.
(ii) if the person convicted of violating this section is under the age of eighteen (18) years, for a second or subsequent violation regardless of whether any prior violation and subsequent conviction was a violation and subsequent under this statute or under the driving under the influence of liquor or drugs statute of any other state, he or she shall be subject to a mandatory suspension of his or her driving license until such time as he or she is twenty-one (21) years of age and may, in the discretion of the sentencing judge, also be sentenced to the Rhode Island training school for a period of not more than one year and/ or a fine of not more than five hundred dollars ($500).
(7) Any person convicted of a violation under this section may undergo a clinical assessment at a facility approved by the department of health. Should this clinical assessment determine problems of alcohol, drug abuse, or psychological problems associated with alcoholic or drug abuse, this person shall be referred to the T.A.S.C. (treatment alternatives to street crime) program for treatment placement, case management, and monitoring.
(e) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per one hundred (100) cubic centimeters of blood.
(f)(1) There is hereby established an alcohol and drug safety unit within the registry to administer an alcohol safety action program. The program shall provide for placement and follow-up for persons who are required to pay the highway safety assessment. The alcohol and drug safety action program will be administered in conjunction with alcohol and drug programs within the department of health. The alcohol and drug safety action program shall be implemented on January 1, 1983.
(2) Persons convicted under the provisions of this chapter shall be required to atteiid a special course on driving while intoxicated or under the influence of a controlled substance, and/or participate in an alcohol or drug treatment program. The course shall take into consideration any language barrier which may exist as to any person ordered to attend, and shall provide for instruction reasonably calculated to communicate the purposes of the course in accordance with the requirements of the subsection; provided, however, that any costs reasonably incurred in connection with the provision of such accommodation shall be borne by the person being retrained. A copy of any violation under this section shall be forwarded by the court to the alcohol and drug safety unit. In the event that persons convicted under the provisions of this chapter fail to attend and complete the above course or treatment program, as ordered by the judge then the person may be brought before the court, and after a hearing as to why the order of the court was not followed, may be sentenced to jail for a period not exceeding one year.
(3) The alcohol and drug safety action program within the registry shall be funded by general revenue appropriations commencing on July 1, 1994.
(g) The director of the health department of the state of Rhode Island is empowered to make and file with the secretary of state, regulations which prescribe the techniques and methods of chemical analysis of the person's body fluids or breath, and the qualifications and certification of individuals authorized to administer such testing and analysis.
(h) Jurisdiction for civil violations of this section shall be with the traffic tribunal. Jurisdiction for misdemeanor violations of this section is shall be with the district court for persons eighteen (18) years of age or older and the family court for persons under the age of eighteen (18) years, and the courts shall have full authority to impose any sentence authorized and to order the suspension of any license for violations of this section. All trials in the district court and family court of violations of the section shall be scheduled within thirty (30) days of the arraignment date. No continuance or postponement shall be granted except for good cause shown. Such continuances as are necessary shall be granted for the shortest practicable time.
Trials in superior court are not required to be scheduled within thirty (30) days of the arraignment date.
(i) No fines, suspensions, assessments, alcohol or drug treatment programs, course on driving wliile intoxicated or under the influence of a controlled substance, public community restitution, or jail provided for under this section can be suspended.
An order to attend a special course on driving while intoxicated that shall be administered in cooperation with a college or university accredited by the state, shall include a provision to pay a reasonable tuition for the course in an amount not less than twenty-five dollars ($25.00), and a fee of one hundred seventy-five dollars ($175.00), which fee shall be deposited into the general fund.
(k) For the purposes of this section, any test of a sample of blood, breath, or urine for the presence of alcohol, which relies in whole or in part upon the principle of infrared light absorption is considered a chemical test.
(I) If any provision of this section or the application thereof shall for any reason be judged invalid, such a judgment shall not affect, impair, or invalidate the remainder of the section, but shall be confined in this effect to the provision or application directly involved in the controversy giving rise to the judgment.
SECTION 2. This act shall take effect upon passage.
Respectfully submitted,
PETER T. GINAITT
Representative, District 33
Representatives Williamson, McNamara, G. Levesque, Martineau, Flaherty and Ginaitt discuss the amendment.
Representatives M. Anderson, Burlingame, G. Levesque, Montanaro and Martineau discuss the procedure of passing the amendment.
The motion to amend is read and prevails on a roll call vote, 86 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS 86: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benson, Bramley, Burlingame, Callahan, Cambio, Caprio, Carpenter, Carroll, Carter, Coderre, Coelho, Corvese, Costantino, Dennigan, DeSimone, Faria, Flaherty, Fleurv, 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, Lopes, Lowe, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moura, Mum-ford, Munschy, Murphy, Palangio, Picard, Pisaturo, Quick, Rabideau, Reilly, Rose, Russo, Savage, Schadone, Scott, Shavers, Sherlock, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Williamson, Winfield.
NAYS -0.
By unanimous consent, Representative M. Anderson, seconded by Representative Rabideau, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(2000-H 7540) (Substitute "A" as amended)
Mr. Speaker:
I hereby move to amend (2000-H 7540) (Substitute "A" as amended) entitled "AN ACT RELATING TO MOTOR VEHICLE OFFENSES", as follows:
By deleting all of the language after the enactment clause and substituting the following language therefor:
SECTION 1. Section 31-27-2 of the General Laws in Chapter 31- 27 entitled "Motor Vehicle Offenses" is hereby amended to read as follows:
31-27-2. DRIVING UNDER INFLUENCE OF LIQUOR OR DRUGS (a) Whoever operates or otherwise drives any vehicle in the state while under the influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination thereof, shall be guilty of a misdemeanor and shall be punished as provided in subsection (d) of this section.
(b) (1) Any person charged under subsection (a) of this section whose blood alcohol concentration
is eight one
hundredths of one percent (.08%) or more by weight as shown by a chemical analysis of a blood, breath, or urine sample shall be guilty of violating subsection (a) of this section. This provision shall not preclude a conviction based on other admissible evidence. Proof of guilt under this section may also be based on evidence that the person charged was under the influence of intoxicating liquor, drugs, toluene, or any controlled substance defined in chapter 28 of title 21, or any combination thereof, to a degree which rendered such person incapable of safely operating a vehicle. The fact that any person charged with violating this section is or has been legally entitled to use alcohol or a drug shall not constitute a defense against any charge of violating this section.
(2) Whoever operates or otherwise drives any vehicle in the state with a blood presence of any scheduled controlled substance as defined within chapter 28 of title 21, as shown by analysis ofa blood or urine sample, shall be guilty of a misdemeanor and shall be punished as provided in subsection (d) of this section.
(c) In any criminal prosecution for a violation of subsection (a) of this section, evidence as to the amount of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination thereof in the defendant's blood at the time alleged as shown by a chemical analysis of the defendant's breath, blood, or urine or other bodily substance shall be admissible and competent, provided that evidence is presented that the following conditions have been complied with:
(1) The defendant has consented to the taking of the test upon which the analysis is made. Evidence that the defendant had refused to submit to the test shall not be admissible unless the defendant elects to testify.
(2) A true copy of the report of the test result was mailed within seventy-two (72) hours to the person to a breath test.
(3) Any person submitting to a chemical test of blood, urine, or other body fluids shall have a true of the report of the test result mailed to him or her within thirty (30) the taking of the test.
(4) The test was performed a.ccording to methods and with equipment approved by the director of the department of health of the state of Rhode Island and by an authorized individual.
(5) Equipment used for the conduct of the tests by means of breath analysis had been tested for accuracy within thirty (30) days preceding the test by personnel qualified as hereinbefore provided, and breathalyzer operators shall be qualified and certified by the department of health within three hundred sixty-five (365) days of the test.
(6) The person arrested and charged with operating a motor vehicle while under the influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21 or, any combination thereof in violation of subsection (a) of this section was afforded the opportunity to have an additional chemical test and the officer arresting or so charging the person informed the person of this right and afforded him or her a reasonable opportunity to exercise the same, and a notation to this effect is made in the official records of the case in the pohce department. Refusal to permit an additional chemical test shall render incompetent and inadmissible in evidence the original report.
(d) (1) Every person convicted ofa first violation shall be subject to a fine of not less than one hundred ($100) dollars nor more than three hundred dollars ($300) and shall be required to perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned for up to one year. The sentence may be served in any unit of the adult correctional institution in the discretion of the sentencing judge. The person's driving license shall be suspended for a period of three (3) months to six (6) months. The sentencing judge shall require attendance at a special course on driving while intoxicated or under the influence of a controlled substance and/ or alcoholic or drug treatment for the individual.
(2) Every person convicted of a second violation within a five (5) year period regardless of whether the prior violation and subsequent conviction was a violation and subsequent conviction under this statute or under the driving under the influence of liquor or drugs statute of any other state, shall be subject to a mandatory fine of four hundred dollars ($400). The person's driving license shall be suspended for a period of one year to two (2) years, and the individual shall be sentenced to not less than ten (10) days nor more than one year in jail. The sentence may be served in any unit of the adult correctional institution in the discretion of the sentencing judge; however, not less than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall require alcohol or drug treatment for the individual, and may prohibit such person from operating a motor vehicle that is not equipped with an ignition interlock system for a period of not more than two (2) years following the completion of the sentence as provided in section 31-27-2.8.
(3)(i) Every person convicted of a third or subsequent violation within a five (5) year period regardless of whether any prior violation and subsequent conviction was a violation and subsequent conviction under this statute or under the driving under the influence of liquor or drugs statute of any other state shall be subject to a mandatory fine of four hundred ($400) dollars. The person's driving license shall be suspended for a period of two (2) years to three (3) years, and the individual shall be sentenced to not less than six (6) months nor more than one year in jail. The sentence may be served in any unit of the adult correctional institution in the discretion of the sentencing judge; however, not less than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall require alcohol or drug treatment for the individual, and may prohibit such person from operating a motor vehicle that is not equipped with an ignition interlock system for a period of not more than two (2) years following the completion of the sentence as provided in section 31-27-2.8.
(ii) In addition to the foregoing penalties, every person convicted ofa third or subsequent violation within a five (5) year period regardless of whether any prior violation and subsequent conviction was a violation and subsequent conviction under this statute or under the driving under the influence of liquor or drugs statute of any other state shall be subject, in the discretion of the sentencin.g judge, to having the vehicle owned and operated by the violator seized and sold by the state of Rhode Island, with all funds obtained thereby to be transferred to the general fund.
(4) For purposes of determining the period of license suspension, a prior violation shall constitute any charge brought and sustained under the provisions of this section or section 31-27-2.1, as amended.
Any person over the age of eighteen (18) who is convicted under this section for operating a motor vehicle while under the influence of alcohol, other drugs, or a combination thereof, while a child under the age of thirteen (13) years was present as a passenger in the motor vehicle when the offense was committed may be sentenced to a term of imprisonment of not more than one year and further shall not be entitled to the benefit of suspension or deferment of this sentence. The sentence imposed under this section may be served in any unit of the adult correctional institution in the discretion of the sentencing judge.
(5)(i) Any person convicted of a violation under this section shall pay a highway assessment fine of five hundred dollars ($500). The assessment shall be imposed on July 1, 1982 and every year thereafter and shall be deposited into the general fund. The assessment provided for by this subsection shall be collected from a violator before any other fines authorized by this section.
(ii) Any person convicted of a violation under this section shall be assessed a fee. The fee shall be as follows:
FISCAL YEAR FISCAL YEAR FISCAL YEAR
1993.1995 1996-1999 2000-2006
$147 $173 $86
(6)(i) If the person convicted of violating this section is under the age of eighteen (18) years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of public community restitution, and the juvenile's driving license shall be suspended for a period of six (6) months, and may be suspended for a period up to eighteen (18) months. The sentencing judge shall also require attendance at a special course on driving while intoxicated or under the influence of a controlled substance and alcohol or drug education and/or treatment for the juvenile. The juvenile may also be required to pay a highway assessment fine of no more than five hundred dollars ($500), and the assessment imposed shall be deposited into the general fund.
(ii) if the person convicted of violating this section is under the age of eighteen (18) years, for a second or subsequent violation regardless of whether any prior violation and subsequent conviction was a violation and subsequent under this statute or under the driving under the influence of liquor or drugs statute of any other state, he or she shall be subject to a mandatory suspension of his or her driving license until such time as he or she is twenty-one (21) years of age and may, in the discretion of the sentencing judge, also be sentenced to the Rhode Island training school for a period of not more than one year and/ or a fine of not more than five hundred dollars ($500).
(7) Any person convicted of a violation under this section may undergo a clinical assessment at a facility approved by the department of health. Should this clinical assessment determine problems of alcohol, drug abuse, or psychological problems associated with alcoholic or drug abuse, this person shall be referred to the T.A.S.C. (treatment alternatives to street crime) program for treatment placement, case management, and monitoring.
(e) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per one hundred (100) cubic centimeters of blood.
(f)(1) There is hereby established an alcohol and drug safety unit within the registry to administer an alcohol safety action program. The program shall provide for placement and follow-up for persons who are required to pay the highway safety assessment. The alcohol and drug safety action program will be administered in conjunction with alcohol and drug programs within the department of health. The alcohol and drug safety action program shall be implemented on January 1, 1983.
(2) Persons convicted under the provisions of this chapter shall be required to atteiid a special course on driving while intoxicated or under the influence of a controlled substance, and/or participate in an alcohol or drug treatment program. The course shall take into consideration any language barrier which may exist as to any person ordered to attend, and shall provide for instruction reasonably calculated to communicate the purposes of the course in accordance with the requirements of the subsection; provided, however, that any costs reasonably incurred in connection with the provision of such accommodation shall be borne by the person being retrained. A copy of any violation under this section shall be forwarded by the court to the alcohol and drug safety unit. In the event that persons convicted under the provisions of this chapter fail to attend and complete the above course or treatment program, as ordered by the judge then the person may be brought before the court, and after a hearing as to why the order of the court was not followed, may be sentenced to jail for a period not exceeding one year.
(3) The alcohol and drug safety action program within the registry shall be funded by general revenue appropriations commencing on July 1, 1994.
(g) The director of the health department of the state of Rhode Island is empowered to make and file with the secretary of state, regulations which prescribe the techniques and methods of chemical analysis of the person's body fluids or breath, and the qualifications and certification of individuals authorized to administer such testing and analysis.
(h) Jurisdiction for violations of this section is hereby given to the district court for persons eighteen (18) years of age or older and the family court for persons under the age of eighteen (18) years, and the courts shall have full authority to impose any sentence authorized and to order the suspension of any license for violations of this section. All trials in the district court and family court of violations ofthe section shall be scheduled within thirty (30) days of the arraignment date. No continuance or postponement shall be granted except for good cause shown. Such continuances as are necessary shall be granted for the shortest practicable time.
(i) No fines, suspensions, assessments, alcohol or drug treatment programs, course on driving while intoxicated or under the influence of a controlled substance, public community restitution, or jail provided for under this section can be suspended.
(j)An order to attend a special course on driving while intoxicated that shall be administered in cooperation with a college or university accredited by the state, shall include a provision to pay a reasonable tuition for the course in an amount not less than twenty-five dollars ($25.00), and a fee of one hundred seventy-five dollars ($175.00), which fee shall be deposited into the general fund.
(k) For the purposes of this section, any test of a sample of blood, breath, or urine for the presence of alcohol, which relies in whole or in part upon the principle of inf::'ared light absorption is considered a chemical test.
(I) If any provision of this section or the application thereof shall for any reason be judged invalid, such a judgment shall not affect, impair, or invalidate the remainder of the section, but shall be confined in this effect to the provision or application directly involved in the controversy giving rise to the judgment.
SECTION 2. This act shall take effect upon passage.
Respectfully submitted,
MABEL M. ANDERSON
Representative, District 77
Representatives Ginaitt, Martineau, Burlingame, Rabideau, Flaherty, Montanaro, Benson, Aiken, Heff:ier, Garvey, Barr, Bramley, McNamara, Gorham and Pisaturo discuss the amendment.
Representative McNamara rises on a point of order for Representative Pisaturo to speak germane to the amendment.
The Honorable Speaker rules for Representative I'istauro to speak germane to the amendment.
Representatives Lima, DeSimone, Montanaro, G. Levesque, Carroll, C. Levesque, Murphy and Rabideau discuss the amendment.
The motion to amend is read and fails on a roll call vote, 22 members voting in the affirmative and 68 members voting in the negative as follows:
YEAS - 22: Representatives M. Anderson, Benson, Bramley, Burlingame, Dennigan, Desimone, Gorham, Heffner, Inman, Kelley, Lanzi, Levesque, C., Levesque, G., Lima, Montanaro, Pisaturo, Rabideau, Savage, Smith, Thompson, Wasylyk, Watson.
NAYS 68; The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, S., Barr, Callahan, Cambio, Caprio, Carpenter, Carroll, Carter, Coderre, Coelho, Corvese, Costantino, Crowley, Faria, Ferguson, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Ginaitt, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lewiss, Long, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Moura, Mumford, Munschy, Murphy, Palangio, Picard, Pires, Quick, Reilly, Rose, Russo, Schadone, Scott, Shavers, Sherlock, Slater, Sullivan, Vieira, Williamson, Winfield.
By unanimous consent, Representative C. Levesque, seconded by Representative G. Levesque, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(2000-H 7540) (Substitute "A" as amended)
Mr. Speaker:
I hereby move to amend (2000-H 7540) (Substitute as amended) entitled ''AN ACT RELATING TO MOTOR VEHICLE OFFENSES", as follows:
By deleting all of the language after the enactment clause and substituting the following language therefor:
SECTION 1. Sections 31-27-2, 31-27-2.5 and 31-27-2.7 of the General Laws in Chapter 31-27 entitled "Motor Vehicle Offenses" are hereby amended to read as follows:
31-27-2. Driving under influence of liquor or drugs -- (a) Whoever operates or otherwise drives any vehicle in the state while under the influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination thereof, shall be guilty of a misdemeanor and shall be punished as provided in subsection (d) of this section.
(b) (1) Any person charged under subsection (a) of this section whose blood alcohol concentration (BAC) is one-tenth of one percent (.1%) eight one-hundredths of one percent (.08%) or more by weight as shown by a chemical analysis of a blood, breath, or urine sample shall be guilty of violating subsection (a) of this section. Alcohol concentration shall mean either grams of alcohol per one hundred (100) milliliters of blood, or grams of alcohol per two hundred ten (210) liters of breath. This provision shall not preclude a conviction based on other admissible evidence. Proof of guilt under this section may also be based on evidence that the person charged was under the influence of intoxicating liquor, drugs, toluene, or any controlled substance defined in chapter 28 of title 21, or any combination thereof, to a degree which rendered such person incapable of safely operating a vehicle. The fact that any person charged with violating this section is or has been legally entitled to use alcohol or a drug shall not constitute a defense against any charge of violating this section.
(2) Whoever operates or otherwise drives any vehicle in the state with a blood presence of any scheduled controlled substance as defined within chapter 28 of title 21, as shown by analysis of a blood or urine sample, shall be guilty of a misdemeanor and shall be punished as provided in subsection (d) of this section.
(c) In any criminal prosecution for a violation of subsection (a) of this section, evidence as to the amount of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination thereof in the defendant's blood at the time alleged as shown by a chemical analysis of the defendant's breath, blood, or urine or other bodily substance shall be admissible and competent, provided that evidence is presented that the following conditions have been complied with:
(1) The defendant has consented to the taking of the test upon which the analysis is made. Evidence that the defendant had refused to submit to the test shall not be admissible unless the defendant elects to testify.
(2) A true copy of the report of the test result was mailed within seventy-two (72) hours of the taking of the test to the person submitting to a breath test.
(3) Any person submitting to a chemical test of blood, urine, or other body fluids shall have a true copy of the report of the test result mailed to him or her within thirty (30) days following the taking of the test.
(4) The test was performed according to methods and with equipment approved by the director of the department of health of the state of Rhode Island and by an authorized individual.
(5) Equipment used for the conduct of the tests by means of breath analysis had been tested for accuracy within thirty (30) days preceding the test by personnel qualified as hereinbefore provided, and breathalyzer operators shall be qualified and certified by the department of health within three hundred sixty-five (365) days of the test.
(6) The person arrested and charged with operating a motor vehicle while under the influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or, any combination thereof in violation of subsection (a) of this section was afforded the opportunity to have an additional chemical test and the officer arresting or so charging the person informed the person of this right and afforded him or her a reasonable opportunity to exercise the same, and a notation to this effect is made in the official records of the case in the police department. Refusal to permit an additional chemical test shall render incompetent and inadmissible in evidence the original report.
(d) (1) Every person convicted of a first violation shall be subject to a fine of not less than one hundred ($100) dollars nor more than three hundred dollars ($300) and shall be required to perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned for up to one year. the mandatory penalties including fines, imprisonment and/or community service as follows:
| |
|
|
Community |
| |
|
License |
Service and/or |
BAC |
Fine |
Suspension |
Jail |
.08 but less than .10 |
$100 |
3 months |
10 hours |
| |
|
|
community service |
.10 but less than .15 |
$100 - $300 |
3 months-6 months |
10-60 hours |
| |
|
|
community service |
| |
|
|
and/or up to one |
| |
|
|
year in jail |
.15 and above |
$500 |
6 months |
60 hours community |
| |
|
|
service and/or up to |
| |
|
|
one year in jail. |
The sentence may be served in any unit of the adult correctional institution in the discretion of the sentencing judge. The person's driving license shall be suspended for a period of three (3) months to six (6) months. The sentencing judge shall require attendance at a special course on driving while intoxicated or under the influence of a controlled substance and/or alcoholic or drug treatment for the individual.
(2) Every person convicted of a second violation within a five (5) year period regardless of whether the prior violation and subsequent conviction was a violation and subsequent conviction under this statute or under the driving under the influence of liquor or drugs statute of any other state, shall be subject to a mandatory fine of four hundred dollars ($400). The person's driving license shall be suspended for a period of one year to two (2) years, and the individual shall be sentenced to not less than ten (10) days nor more than one year in jail. to the mandatory penalties in fines and/or imprisonment as follows:
| |
|
License |
Jail |
BAC |
Fine |
Suspension |
|
.08 but less than .10 |
$400 |
1 year |
5 days - 1 year jail |
.10 but less than .15 |
$400 |
1 year-2 years |
10 days - 1 year jail |
.15 and above |
$1000 |
2 years |
30 days - 1 year jail |
In addition, the registration of every car owned by the person shall be suspended for the duration of the license suspension and all registration plates shall be turned in to the Registry of Motor Vehicles. The sentence served in any unit of the adult correctional institution in the discretion of the sentencing judge; however, not less than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall require the assessment of the degree of alcohol/drug abuse and impose alcohol or drug treatment for the individual, and may prohibit such person from operating a motor vehicle that is not equipped with an ignition interlock system for a period of not more than two (2) years following the completion of the sentence as provided in section 31-27-2.8.
(3) (i) Every person convicted of a third or subsequent violation within a five (5) year period regardless of whether any prior violation and subsequent conviction was a violation and subsequent conviction under this statute or under the driving under the influence of liquor or drugs statute of any other state, shall be subject to a mandatory fine of four hundred ($400) dollars. The person's driving license shall be suspended for a period of two (2) years to three (3) years, and the individual shall be sentenced to not less than six (6) months nor more than one year in jail. the mandatory penalties in fines and/or imprisonment as follows:
| |
|
License |
Jail |
BAC |
Fine |
Suspension |
|
.08 but less than .10 |
$400 |
2 years |
6 months |
.10 but less than .15 |
$400 |
2 years to 3 years |
6 months-1 year |
.15 and above |
$1000 |
3 years |
1 year |
In addition, the registration of every car owned by the person shall be suspended for the duration of the license suspension and all registration plates shall be turned in to the Registry of Motor Vehicles. The sentence may be served in any unit of the adult correctional institution in the discretion of the sentencing judge; however, not less than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall require the assessment of the degree of alcohol/drug abuse and impose alcohol or drug treatment for the individual, and may prohibit such person from operating a motor vehicle that is not equipped with an ignition interlock system for a period of not more than two (2) years following the completion of the sentence as provided in section 31-27-2.8.
(ii) In addition to the foregoing penalties, every person convicted of a third or subsequent violation within a five (5) year period regardless of whether any prior violation and subsequent conviction was a violation and subsequent conviction under this statute or under the driving under the influence of liquor or drugs statute of any other state shall be subject, in the discretion of the sentencing judge, to having the vehicle owned and operated by the violator seized and sold by the state of Rhode Island, with all funds obtained thereby to be transferred to the general fund.
(4) For purposes of determining the period of license suspension, a prior violation shall constitute any charge brought and sustained under the provisions of this section or section 31-27-2.1, as amended.
Any person over the age of eighteen (18) who is convicted under this section for operating a motor vehicle while under the influence of alcohol, other drugs, or a combination thereof, while a child under the age of thirteen (13) years was present as a passenger in the motor vehicle when the offense was committed may be sentenced to a term of imprisonment of not more than one year and further shall not be entitled to the benefit of suspension or deferment of this sentence. The sentence imposed under this section may be served in any unit of the adult correctional institution in the discretion of the sentencing judge.
(5) (i) Any person convicted of a violation under this section shall pay a highway assessment fine of five hundred dollars ($500). The assessment shall be imposed on July 1, 1982 and every year thereafter, and shall be deposited into the general fund. The assessment provided for by this subsection shall be collected from a violator before any other fines authorized by this section.
(ii) Any person convicted of a violation under this section shall be assessed a fee. The fee shall be as follows:
FISCAL YEAR |
FISCAL YEAR |
FISCAL YEAR |
1993-1995 |
1996-1999 |
2000- |
$147 |
$173 |
$86 |
(6) (i) If the person convicted of violating this section is under the age of eighteen (18) years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of public community restitution, and the juvenile's driving license shall be suspended for a period of six (6) months, and may be suspended for a period up to eighteen (18) months. The sentencing judge shall also require attendance at a special course on driving while intoxicated or under the influence of a controlled substance and alcohol or drug education and/or treatment for the juvenile. The juvenile may also be required to pay a highway assessment fine of no more than five hundred dollars ($500), and the assessment imposed shall be deposited into the general fund.
(ii) If the person convicted of violating this section is under the age of eighteen (18) years, for a second or subsequent violation regardless of whether any prior violation and subsequent conviction was a violation and subsequent under this statute or under the driving under the influence of liquor or drugs statute of any other state, he or she shall be subject to a mandatory suspension of his or her driving license until such time as he or she is twenty-one (21) years of age and may, in the discretion of the sentencing judge, also be sentenced to the Rhode Island training school for a period of not more than one year and/or a fine of not more than five hundred dollars ($500).
(7) Any person convicted of a violation under this section may undergo a clinical assessment at a facility approved by the department of health. Should this clinical assessment determine problems of alcohol, drug abuse, or psychological problems associated with alcoholic or drug abuse, this person shall be referred to the T.A.S.C. (treatment alternatives to street crime) program for treatment placement, case management, and monitoring.
(e) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per one hundred (100) cubic centimeters of blood.
(f) (1) There is hereby established an alcohol and drug safety unit within the registry to administer an alcohol safety action program. The program shall provide for placement and follow-up for persons who are required to pay the highway safety assessment. The alcohol and drug safety action program will be administered in conjunction with alcohol and drug programs within the department of health. The alcohol and drug safety action program shall be implemented on January 1, 1983.
(2) Persons convicted under the provisions of this chapter shall be required to attend a special course on driving while intoxicated or under the influence of a controlled substance, and/or participate in an alcohol or drug treatment program. The course shall take into consideration any language barrier which may exist as to any person ordered to attend, and shall provide for instruction reasonably calculated to communicate the purposes of the course in accordance with the requirements of the subsection; provided, however, that any costs reasonably incurred in connection with the provision of such accommodation shall be borne by the person being retrained. A copy of any violation under this section shall be forwarded by the court to the alcohol and drug safety unit. In the event that persons convicted under the provisions of this chapter fail to attend and complete the above course or treatment program, as ordered by the judge, then the person may be brought before the court, and after a hearing as to why the order of the court was not followed, may be sentenced to jail for a period not exceeding one year.
(3) The alcohol and drug safety action program within the registry shall be funded by general revenue appropriations commencing on July 1, 1994.
(g) The director of the health department of the state of Rhode Island is empowered to make and file with the secretary of state, regulations which prescribe the techniques and methods of chemical analysis of the person's body fluids or breath, and the qualifications and certification of individuals authorized to administer such testing and analysis.
(h) Jurisdiction for violations of this section is hereby given to the district court for persons eighteen (18) years of age or older and to the family court for persons under the age of eighteen (18) years, and the courts shall have full authority to impose any sentence authorized and to order the suspension of any license for violations of this section. All trials in the district court and family court of violations of the section shall be scheduled within thirty (30) days of the arraignment date. No continuance or postponement shall be granted except for good cause shown. Such continuances as are necessary shall be granted for the shortest practicable time.
(i) No fines, suspensions, assessments, alcohol or drug treatment programs, course on driving while intoxicated or under the influence of a controlled substance, public community restitution, or jail provided for under this section can be suspended.
(j) An order to attend a special course on driving while intoxicated that shall be administered in cooperation with a college or university accredited by the state, shall include a provision to pay a reasonable tuition for the course in an amount not less than twenty-five dollars ($25.00), and a fee of one hundred seventy-five dollars ($175.00), which fee shall be deposited into the general fund.
(k) For the purposes of this section, any test of a sample of blood, breath, or urine for the presence of alcohol, which relies in whole or in part upon the principle of infrared light absorption is considered a chemical test.
(l) If any provision of this section or the application thereof shall for any reason be judged invalid, such a judgment shall not affect, impair, or invalidate the remainder of the section, but shall be confined in this effect to the provision or application directly involved in the controversy giving rise to the judgment.
31-27-2.5. Chemical tests to persons under eighteen (18) years of age -- Refusal -- License suspension -- (a) Any person under eighteen (18) years of age who shall refuse to submit to a chemical test as provided in section 31-27-2 shall have imposed all the penalties provided by section 31-27-2.1, but shall have his or her license suspended on a first violation for six (6) months, subject to the terms of subsection (e) below.
(b) Jurisdiction for violations of this section is hereby given to the family court.
(c) If such person as set forth in subsection (a) above refuses, upon the request of a law enforcement officer, to submit to a test as provided in section 31-27-2.1, as amended, none shall be given, but a judge of the family court, upon receipt of a report or testimony of a law enforcement officer that he or she had probable cause to stop the arrested person and reasonable grounds to believe the arrested person had been driving a motor vehicle within this state while impaired by intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or any combination thereof, that the person had been informed of his or her rights in accordance with section 31-27-3, that the person had been informed of the penalties to be incurred as a result of noncompliance with this section, and that the person had refused to submit to the test upon the request of a law enforcement officer, shall promptly order a hearing on whether the person's operator's license or privilege to operate a motor vehicle in this state shall be suspended, and, upon suspension shall order the license of the person to be surrendered to the Rhode Island department of administration, registry of motor vehicles, within three (3) days.
(d) If the person takes a test, as provided in section 31-27-2 and the test determines the person's blood alcohol concentration to be at least two-hundredths of one percent (.02%) but less than one-tenth of one percent (.1%) eight one-hundredths of one percent (.08%) by weight, the person shall be determined to have been driving while impaired. A judge of the family court shall, pursuant to the terms of subsection (e) within, thereafter order as follows:
(1) A highway safety assessment of one hundred fifty dollars ($150) or community service in lieu of highway safety assessment shall be paid by any person found in violation of this section. The assessment shall be deposited into the general fund.
(2) The person's driving license shall be suspended for six (6) months on a first violation, and may be suspended for a period of up to twelve (12) months, provided the person also shall attend a special course on driving while intoxicated and provided that the person shall also attend an alcohol and/or drug treatment program if ordered by the family court judge. Failure or refusal of the person to attend the course and/or alcohol or drug treatment program shall result in the person's driving license being suspended until such time as the course or treatment program has been completed.
(3) On a second violation of this section, the person's driving license shall be suspended until such time as he or she is twenty-one (21) years of age. The sentencing judge shall require alcohol and/or drug treatment for the individual.
(4) On a third or subsequent violation, the person's driving license shall be suspended for an additional period of two (2) years and the sentencing judge shall require alcohol and/or drug treatment for the individual.
(5) No suspensions, assessments, driving while intoxicated school or alcohol and/or drug treatment programs under this section can be suspended, shortened, altered, or changed.
(e) Upon suspending a license or permit as provided in subsection (a), (c), or (e) of this section, the family court shall immediately notify the person involved, in writing, as well as the custodial parent if the person is under the age of eighteen (18) years.
(f) The police department which charges any person under eighteen (18) years of age with refusal to submit to a chemical test, driving while impaired by intoxicating liquors or drugs, or driving while under the influence of liquor or drugs, shall ascertain the name and address of the custodial parent of the person and shall notify the parent in writing within ten (10) days of the charge.
(g) The Rhode Island department of administration, upon issuing a first license to a person sixteen (16) or seventeen (17) years of age, shall provide a written notice of the penalties provided by this section. Any violation of this section shall not be considered a criminal offense.
31-27-2.7. Driving while impaired -- (a) A person under the age of twenty-one (21) but at least eighteen (18) years of age who takes a test, as provided for in section 31-27-2, at the request of a law enforcement officer who believes the person to be driving under the influence of liquor, shall be determined to have been driving while impaired if the test determines the person's blood alcohol concentration to be at least two-hundredths of one percent (.02%) but less than one-tenth of one percent (.1%) eight one-hundredths of one percent (.08%) by weight.
(b) Should after a hearing in district court it be determined that:
(1) The results of the test are admissible in that it meets all of the conditions, as set forth in section 31-27-2; and
(2) The person has been afforded his or her rights as set forth in section 31-27-2, then the judge shall thereafter order as follows:
(i) A fine of not more than two hundred and fifty dollars ($250) and thirty (30) hours of community service. The fine shall be deposited in the general fund.
(ii) The person's driving license shall be suspended for not less than one nor more than three (3) months on a first violation, provided the person also shall attend a special course in driving while intoxicated and provided that the person shall also attend an alcohol and/or drug treatment program if ordered by the district court judge. Failure or refusal of the person to attend the course and/or alcohol or drug treatment program shall result in the person's driving license being suspended until such time as the course and/or treatment program has been completed.
(iii) On a second and subsequent violation of the section, the person shall be fined not more than two hundred and fifty dollars ($250) together with a highway safety assessment of three hundred dollars ($300) and shall be required to perform up to sixty (60) hours of community service. The person's driving license shall also be suspended for not less than three (3) months nor more than six (6) months. The sentencing judge shall also require the person to attend a special course in driving while intoxicated and also attend an alcohol and/or drug treatment program.
(c) No suspension, assessments, driving while intoxicated school, or alcohol and/or drug treatment programs under this section can be suspended, shortened, altered, or changed.
(d) Any violation of the section shall not be considered a criminal offense.
SECTION 2. This act shall take effect on September 30, 2000.
Respectfully submitted,
_________________________________
REP. CHARLES LEVESQUE
Representative, District 93
The motion to amend is read and fails on a roll call vote, 19 members voting in the aftirmative and 71 members voting in the negative as follows:
YEAS - 19: Representatives Anderson, M., Bramley, Burlingame, Desimone, Gorham, Heffher, Inman, Lanzi, Levesque, C., Levesque. G., Lima, Montanaro, Pisaturo, Rabideau, Savage, Smith, Thompson, Wasylyk, Watson.
NAYS - 71: The Honorable Speaker Harwood and Representatives Abdullah.Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, S., Barr, Benson, Callahan, Cambio, Caprio, Carpenter, Carroll, Carter, Coderre, Coelho, Corvese, Costantino, Crowley, lBennigsn, Faria, Ferguson, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Ginaitt, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kelley, Kennedy, Kilmartin, Knickle, Lally, Lewiss, Long, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Moura, Mumford, Munschy, Murphy, Palangio, Picard, Pires, Quick, Reilly, Rose, Russo, Schadone, Scott, Shavers, Sherlock, Slater, Sullivan, Vieira, Williamson, Winfield.
Representatives Garabedian, G. Levesque, Ginaitt and I-opes discuss the act as amended.
The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, on a roll call vote, 89 members voting in the affirmative and 2 members voting in the negative as follows:
YEAS - 89: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, S., Ban, Benson, Bramley, Burlingame, Callahan, Cambio, Caprio, Carpenter, Carroll, Carter, Coderre, Coelho, 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, G., Lewiss, Lima, Long, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moura, Mumford, Munschy, Murphy, Palangio, Picard, Pires, Pisaturo, Quick, Rabideau, Reilly, Rose, Russo, Savage, Schadone, Scott, Shavers, Sherlock, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Williamson, Winfield.
NAYS - 2: Representatives M. Anderson, C. Levesque.
On suggestion of Majority Leader Martineau, and by unanimous consent, the Calendar for today is continued to Tuesday, May 2, 2000.
TRANSMITTAL
By unanimous consent, all matters on the Clerk's desk are ordered to be transmitted to His Excellency, the Governor, to the Honorable Senate, and to the Honorable Secretary of State forthwith.
ANNOUNCEMENTS
Representative Carpenter announces that the Joint Committee on Accounts and Claims will meet Tuesday, May 2, 2000 at 3:00 o'clock P.M. in Room 135 of the State House.
Also:
Representative Lima 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 6:43 o'clock P.M. on motion of Representative Cambio, and as a further mark of respect to the memory of Alfred V. Rathier; on motion of Representative McNamara, and as a further mark of respect to the memory of Paul D. Murray; seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.
LINDA McELROY
Recording Clerk
INVOCATION
REPRESENTATIVE BARBARA C. BURLINGAME
Almighty God, on this day we will be called upon to make
a very important decision that will affect the welfare and even the lives of Rhode Islanders for years to come. Grant us we pray, the wisdom and insight to choose carefully and well when we cast our votes.Amen.
CONSENT CALENDAR
In order for Tuesday, May 2, 2000:
1.(2000-H 7782) An Act to vacate the forfeiture or revocation of the charter of Warwick Memorial Post #272 Veterans of Foreign Wars of the United States.
Committee on Corporations recommends passage.
LOUIS D'ANTUONO
Reading Clerk
Thursday, April 27, 2000
Appendix
CALENDAR
In order for Tuesday, May 2, 2000:
1.(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".
2.(2000-H 7377) An Act relating to labor and labor relations.
Committee on Labor recommends passage.
3.(2000-H 7430) (Substitute "A") An Act relating to Rhode Island Housing and Mortgage Finance Corporation.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
4.(2000-H 7575) An Act relating to domestic assault.
Committee on Judiciary recommends passage.
5.(2000-H 7287) An Act relating to motor and other vehicles-
motor vehicle offenses.
Committee on Judiciary recommends passage.
6.(2000-H 7440) (Substitute "A") Joint Resolution creating a special legislative commission to study the licensing of private detectives.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
7.(2000-H 7154) An Act relating to elderly affairs.
Committee on Judiciary recommends passage.
8.(2000-H 7279) (Substitute "A") An Act relating to criminal procedure - victim's rights.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".
9.(2000-H 7766) (Substitute "A") An Act relating to operators' and chauffeurs' licenses.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
10.(2000-H 7394) (Substitute "A") House Resolution creating a special House commission to study the criteria and to make recommendations for the training and certification of special education teachers assistants.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
11. (2000-H 7468 as amended) An Act relating to insurance - health maintenance organizations.
Committee on Health, Education and Welfare recommends passage as amended.
12.(2000-H 7467) (Substitute "A") House Resolution urging every licensed health care facility to establish an American College of Surgeons Approved Cancer Program.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
13.(2000-H 7879) (Substitute "A") House Resolution respectfully requesting the Rhode Island Airport Corporation to provide incentives to rental car companies and motor carriers for the use of alternative fuel vehicles.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
14.(2000-H 7639) (Substitute "A") An Act relating to insurance.
Committee on Corporations recommends indefiflite postponement of the original bill and passage of Substitute "A".
15. (2000-H 7907) (Substitute "A") An Act relating to mobile and manufactured homes.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
16.(2000-H 7715) An Act relating to town and city sealers.
Committee on Corporations recommends passage.
17.(2000-H 7433) An Act relating to professional service corporations.
Committee on Corporations recommends passage.
18.(2000-H 7295) An Act relating to works of art - artists' rights.
Committee on Corporations recommends passage.
19.(2000-H 7161) (Substitute "A") An Act relating to licensing of health care facilities.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
20.(2000-H 7465) (Substitute "A") An Act relating to residential care and assisted living facility licensing act.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
21.(2000-H 6773) (Substitute "A") An Act relating to health and safety - rights of nursing home patients.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
22.(2000-H 7457) An Act relating to health and safety.
Committee on Health, Education and Welfare recommends passage.
23.(2000-H 7399) (Substitute "A" as amended) An Act relating to licensing of health care facilities.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.
24.(2000-H 7165) (Substitute "A" as amended) An Act relating to motor and other vehicles -parking facilities and privileges.
Joint Committee on Highway Safety recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.
25.(2000-H 7700) An Act relating to operators' and chauffeurs' licenses.
Joint Committee on Highway Safety recommends passage.
26.(2000-H 6858) (Substitute "A") An Act relating to motor and other vehicles school
buses.
Joint Committee on Highway Safety recommends indefinite postponement of the original bill and passage of Substitute "A".
27.(2000-H 6855) (Substitute "A") An Act relating to health and safety - bicycle helmets.
Joint Committee on Highway Safety recommends indefinite postponement of the original bill and passage of Substitute "A".
28. (2000-H 7920) (Substitute "A" as amended) An Act relating to the uniform commercial code.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.
29.(2000-H 7919) (Substitute "A") An Act relating to the uniform commercial code.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".
30.(2000-H 6836) An Act relating to criminal offenses-
weapons.
Committee on Judiciary recommends passage.
31.(2000-H 7784) An Act relating to the uniform commercial code - bulk transfers.
Committee on Judiciary recommends passage.
32. (2000-H 7810) An Act relating to criminal offenses-
weapons.
Committee on Judiciary recommends passage.
33.(2000-H 7789) An Act relating to aeronautics - uniform aeronautical regulatory act.
Committee on Corporations recommends passage.
34.(2000-H 7579 as amended) An Act relating to domestic relations-
divorce and separation.
Committee on Judiciary recommends passage as amended.
35.(2000-H 8190) House Resolution requesting the General Assembly to prohibit direct access to Cowesett Road from the former Warwick Musical Theater property and preserve Bonoff Park.
Ordered on the Calendar.
36.(2000-H 7351) (Substitute "A") An Act relating to burglary-
breaking and entering.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".
37.(2000-H 6948) An Act relating to parks and recreational areas - general provisions.
Joint Committee on Naming State Constructions recommends passage.
38.(2000-H 7048) An Act relating to nurses.
Committee on Health, Education and Welfare recommends passage.
39.(2000-H 7067) (Substitute "A") An Act relating to chiropractors.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
40.(2000-H 7216 as amended) An Act relating to lead poisoning.
Committee on Corporations recommends passage as amended.
41.(2000-H 7237) An Act relating to alcoholic beverages retail licenses.
Committee on Corporations recommends passage.
42.(2000-H 7395) (Substitute "A") An Act relating to health insurance coverage.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
43.(2000-H 7469) (Substitute "A") Joint Resolution creating a special legislative commission to study the release of confidential health care information.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
44.(2000-H 7476) (Substitute "A") An Act relating to health and safety.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
45.(2000-H 7519) (Substitute "A") An Act relating to state affairs and government -housing and mortgage finance corporation.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A
46.(2000-H 7574) (Substitute "A") An Act relating to insurance.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
47.(2000-H 7633) An Act relating to businesses and professions-
employment agencies.
Committee on Corporations recommends passage.
48.(2000-H 7647)AnAct relating to insurance.
Committee on Corporations recommends passage.
49.(2000-H 7649) An Act relating to towns and cities city housing authorities.
Committee on Corporations recommends passage.
50.(2000-H 7669) (Substitute "A") An Act respectfully requesting the Department of Health to develop a brochure regarding potential drug side effects.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
51.(2000-H 7676) An Act relating to refuse disposal licenses.
Committee on Corporations recommends passage.
52.(2000-H 7780 as amended) An Act relating to the uniform commercial code - sales.
Committee on Corporations recommends passage as amended.
53. (2000-H 7909) (Substitute "A" as amended) An Act relating to health insurance coverage -termination of children's benefits.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.
54. (2000-H 7949) (Substitute "A") An Act relating to uniform controlled substances.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
55.(2000-H 8066) An Act relating to health and
safety - board of certification of operators of public water supply facilities.
Committee on Health, Education and Welfare recommends passage.
56.(2000-H 8187) An Act relating to renaming the Newport Airpark.
Ordered on the Calendar.
Appendix
CALENDAR
In order for Wednesday, May 3, 2000:
1.(2000-H 8030) An Act relating to traffic tribunal.
Committee on Judiciary recommends passage.
2.(2000-H 7641) An Act relating to the Rhode Island Information Resources Management Board.
Committee on Corporations recommends passage.
3.(2000-H 7535) (Substitute "A") An Act relating to criminal offenses - impersonation -identity laud.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".
4.(2000-H 6732 as amended) An Act relating to state affairs and government - economic development corporation.
Committee on Corporations recommends passage as amended.
5.(2000-H 6733) (Substitute "A") An Act relating to state affairs and government.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
6. (2000-H 6893) An Act relating to education
- curriculum.
Committee on Health, Education and Welfare recommends passage.
7.(2000-H 6927) (Substitute "A" as amended) An Act relating to education.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.
8.(2000-H 7108) (Substitute "A") An Act relating to Rhode Island Resource Recovery Corporation.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
9.(2000-H 7138) (Substitute "A") An Act
relating to health and safety child day care centers.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
10.(2000-H 7139) (Substitute "A") An Act relating to children, youth and families department.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
11.(2000-H 7308) (Substitute "A") An Act relating to cities and towns - Rhode Island Development Fee Act.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
12.(2000-H 7397 as amended) An Act relating to education - curriculum.
Committee on Health, Education and Welfare recommends passage as amended.
13.(2000-H 7411) An Act relating to school buses.
Committee on Health, Education and Welfare recommends passage.
14.(2000-H 7415) (Substitute "A") An Act relating to education.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
15.(2000-H 7443) (Substitute "A") An Act relating to businesses and profession - health clubs.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
16.(2000-H 7522) An Act relating to financial institutions-
licensed activities.
Committee on Corporations recommends passage.
17.(2000-H 7562) (Substitute "A") An Act relating to automobile excise tax.
Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A".
18.(2000-H 7630) An Act relating to businesses and professions electricians.
Committee on Corporations recommends passage.
19.(2000-H 7640) (Substitute "A") An Act relating to waters and navigation - boating safety.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
20.(2000-H 7838) (Substitute "A" as amended)
An Act relating to health and safety - blindness.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.
21.(2000-H 7839) (Substitute "A") House Resolution respectfully requesting the Department of Elementary and Secondary Education to investigate the possibility of including CPR instruction in drivers' education courses.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
22.(2000-H 7916) An Act relating to incorporation of United Electric Power Company.
Committee on Corporations recommends passage.
23. (2000-H 7987) (Substitute "A") An Act relating to alcoholic beverages - transportation of beverages.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
24.(2000-H 8014) House Resolution respectfully directing the Department of Elderly Affairs to implement a volunteer guardianship program.
Committee on Health, Education and Welfare recommends passage.
25. (00-S 2566) An Act relating to Joint Committee on Naming New Buildings.
Ordered on the Calendar.
Appendix
CALENDAR
In order for Thursday, May 4, 2000:
1.(2000-H 7095) (Substitute "A") An Act relating to weapons.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".
2.(2000-H 7163) (Substitute "A") An Act relating to motor and other vehicles lighting equipment and reflectors.
Joint Committee on Highway Safety recommends indefinite postponement of the original bill and passage of Substitute "A".
3.(2000-H 7243) (Substitute "A") An Act relating to highways-
construction and maintenance.
Joint Committee on Highway Safety recommends indefinite postponement of the original bill and passage of Substitute "A".
4.(2000-H 7529) (Substitute "A") Joint Resolution creating a special legislative commission to study an enhanced role for probation and parole.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A.
5.(2000-H 7701) An Act relating to safety -accident reports.
Joint Committee on Highway Safety recommends passage.
6.(2000-H 7905) (Substitute "A") House Resolution creating a special House commission to study confidentiality and proprietary rights regarding genetic.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".
7.(2000-H 7938) (Substitute "A") An Act relating to probate practice and procedure -guardianships.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".
8.(2000-H 7940) (Substitute "A") An Act relating to criminal offenses - false personation.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".
9.(2000-H 8005) An Act relating to criminal offenses - weapons.
Committee on Judiciary recommends passage.
10. (00-S 2269) (Substitute "A") An Act
relating to elections - ballots for blind and visually impaired voters.
Committee on Special Legislation recommends indefinite postponement of the original bill and passage of Substitute "A".
Appendix
CALENDAR
In order for Thursday, May 11, 2000:
1.(2000-H 7210) An Act relating to civil rights of persons with disabilities.
Committee on Health, Education and Welfare recommends passage.
2.(2000-H 7298) (Substitute "A") An Act relating to insurance.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
3.(2000-H 7300) An Act relating to public records - access to public records.
Committee on Health, Education and Welfare recommends passage.
LOUIS D'ANTUONO
Reading Clerk
Thursday, April 27, 2000
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