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. 48 |
Thursday, May 11, 2000 |
Forty-eighth Day |
The House of Representatives meets at the State House in Providence, Thursday, May 11,2000, and is called to order at 4:15 o'clock P.M., by the Honorable John B. Harwood, Speaker.
The roll is called and a quorum is declared present with 97 members present and 3 members absent as follows:
PRESENT 97: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Almeida, Amaral. Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley. Burlingame, Callahan, Cambio, Caprio, Carpenter, Carroll Carter, Cicilline, Coderre, Coelho, Corvese, Costantino Crowley, Dennigan, DeSimone, Faria, Ferguson, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Ginaitt, Gorham, Heffner, Henseler, Hogan, Inman, Iwuc, Jacquard, Kelley, Kennedy, Kilmartin, Knickle, l,,ally, Lanzi, Levesque, C.. Levesque, 6., Lewiss, Lima, Long, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy. Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Quick. Rabideau, Reilly, Rose, Russo, San Bento, Savage, Schadone, Scott, Shavers, Sherlock, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.
ABSENT- 3: Representatives Abdullah-Odiase, Hetherington, Millard.
INVOCATION
The Honorable Speaker presents Representative Picard, who delivers the Invocation and leads the membership in the Pledge of Allegiance to the Flag.
(For Invocation, see Appendix, this Journal.)
By unanimous consent, the House Journal of Wednesday, May 10, 2000, is approved as printed.
COMMUNICATION FROM THE SENATE
A message from the Honorable Senate transmits with announcement of passage, of the following measures:
(00-S 2677 as amended) An Act authorizing the city of Providence to issue bonds and notes in an amount not exceeding fifty million ($50,000,000) dollars for the purpose of redevelopment and/or capital improvements.
Read and referred to the Committee on Corporations.
(00-S 2770) (Substitute "A" as amended) An Act relating to indictments, informations and complaints.
Read and referred to the Committee on Judiciary.
GUESTS
The Honorable Speaker welcomes to the House Chambers as guests Steve Bowen and John Barry from Massachusetts.
Representative Palumbo welcomes to the House Chambers as guests his uncle Al Giannini and his cousin Mark Giannini.
Representative Kennedy welcomes to the House, Representative Coderre's granddaughter,
Hannah Elaine Coderre.
REPORT OF COMMITTEE
COMMITTEE ON JUDICIARY
Representative Flaherty, for the Committee on Judiciary, reports back the following measure, with recommendation of passage:
(00-S 2866) An Act relating to solemnization of marriages.
Received and ordered to be placed on the Calendar.
NEW BUSINESS
Representatives M. Anderson, Kilmartin, Coderre, San Bento, Vieira, Cicilline and Dennigan introduce (2000-H 8215) An Act authorizing the city of Pawtucket to provide for the renovation and reconstruction and equipping of public recreation facilities in the city of Pawtucket and authorizing the financing thereof, including the issue or not more than $700,000 bonds and notes therefor, to fund improvements for two fiscal years.
bead and referred to the Committee on Corporations.
Representatives Voccola and Russo introduce (2000-H 8216) An Act relating to taxation Maria 5.5. Della Difesa.
Read and referred to the Committee on Corporations.
Representatives M. Anderson, Kilmartin, Coderre, San Bento, Vieira, Cicilline, Pires and Dennigan introduce (2000-H 8217) An Act authorizing the city of Pawtucket to provide for the renovation and equipping of public school buildings in the city of Pawtucket and authorizing the financing thereof including the issue or not more than $3,200,000 bonds and notes therefor, to fund improvements for two fiscal years.
Read and referred to the Committee on Corporations.
Representatives M. Anderson, Kilmartin, Coderre, San Ben to, Vieira, Cicilline, Pires and Dennigan introduce (2000-H 8218) An Act authorizing the city of Pawtucket to provide for the renovation and improvement of public buildings in the city of Pawtucket and authorizing the financing thereof, including the issue or not more than $475,000 bonds and notes therefor, to fund improvements for two fiscal years.
Read and referred to the Committee on Corporations.
Representatives M. Anderson, Kilmartin, Coderre, San Bento, Vieira, Cicilline, Pires and Dennigan introduce (2000-H 8219) An Act authorizing the city of Pawtucket to provide for the improvement and replacement of road and traffic control devices in the city of Pawtucket and authorizing the financing thereof, including the issue or not more than $200,000 bonds and notes therefor, to fund improvements for two fiscal years.
Read and referred to the Committee on Corporations.
Representative Schadone introduces (2000-H 8220) An Act to vacate the forfeiture or revocation of the charter of Aquila Abruzzi e Molisi Citizens Club.
Read and referred to the Committee on Corporations.
Representative Lowe introduces (2000-H 8221) An Act relating to elections.
Read and referred to the Committee on Finance.
Representatives Naughton, Crowley, Carter, Henseler, Kennedy and several other members of the House introduce (2000-H 8222) An Act relating to the Board of Governors for Higher Education
research positions.
Read and referred to the Committee on Finance.
Representatives Ginaitt and Reilly introduce (2000-H 8223) An Act relating to solemnization of marriages.
Read and referred to the Committee on Judiciary.
Representatives Martineau and Watson introduce (2000-H 8224) 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 8225) 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 8226) House Resolution extending condolences.
Representative Martineau requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Martineau, seconded by the entire House of Representatives, and by unanimous consent, on a rising vote.
Representatives Martineau and Watson introduce (2000-H 8227) House Resolution extending condolences.
Representative Martineau requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Martineau, seconded by the entire House of Representatives, and by unanimous consent, on a rising vote.
Representatives Kelley, Henseler, Carter, Benson and Watson introduce (2000-H 8228) House Resolution congratulating Lieutenant Colonel William H. Smith on his retirement.
Representative Kelley requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Kelley, seconded by Representative Henseler, and by unanimous consent, on a voice vote.
Representatives Henseler, Benoit, Naughton, Cambio, Kelley and several other members of the House introduce (2000-H 8229) House Resolution proclaiming May 11, 2000, as Rhode Island Pay Equity Day.
Representative Henseler requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Henseler, seconded by the entire House of Representatives, and by unanimous consent, on a voice vote.
Representatives Lewiss, Thompson, Kennedy, Garvey, Carter and several other members of the House introduce (2000-H 8230) House Resolution memorializing the United States Congress to name the Sunday prior to Memorial Day Weekend as "Neighbor Day".
Representative Lewiss requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Lewiss, seconded by the entire House of Representatives, and by unanimous consent, on a voice vote.
Representative Kennedy introduces (2000-H 8231) An Act relating to the Bradford Fire District.
Read and referred to the Committee on Corporations.
Representatives M. Anderson, Kilmartin, San Bento, Vieira, Pires and Coderre introduce (2000-H 8232) An Act authorizing the city of Pawtucket to provide for the construction and reconstruction of sanitary and storm drains in the city of Pawtucket and authorizing the financing thereof, including the issue or not more than $475,000 bonds and notes therefor, to fund improvements for two fiscal years.
Read and referred to the Committee on Corporations.
Representatives M. Anderson, Kilmartin, San Bento, Vieira, Pires and Coderre introduce (2000-H 8233) An Act authorizing the city of Pawtucket to provide for the construction and reconstruction of streets and sidewalks in the city of Pawtucket and authorizing the financing thereof, including the issue or not more than $750,000 bonds and notes therefor, to fund improvements for two fiscal years.
Read and referred to the Committee on Corporations.
Representatives M. Anderson, Kilmartin, San Bento, Vieira, Pires and Coderre introduce (2000-H 8234) An Act authorizing the city of Pawtucket to provide for the reconstruction of highway bridges in the city of Pawtucket and authorizing the financing thereof, including the issue or not more than $200,000 bonds and notes therefor, to fund improvements for two fiscal years.
Read and referred to the Committee on Corporations.
Representative Moura introduces (2000-H 8235) House Resolution extending the reporting date of the special House commission to study the auto body business.
Representative Moura requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Moura, seconded by Representative Martineau, and by unanimous consent, on a voice vote.
Representatives Savage, Amaral, Gorham, Mumford and Kelley introduce (2000-H 8236) An Act relating to education health and safety of pupils.
Read and referred to the Committee on Health, Education and Welfare.
NOTICE OF BILL/RESOLUTION INTRODUCTION
Representative Giannini gives notice that on the next legislative day she will introduce a measure concerning insurance..
This notice is given in compliance with House Rule 42.
JOANNE M. GIANNINI
Representative, District 7
Received and ordered to be placed on file.
CALENDAR
From the Calendar are taken:
1.(2000-H 7210) An Act relating to civil rights of persons with disabilities.
Committee on Health, Education and Welfare recommends passage.
Read and passed, on motion of Representative Cambio, seconded by Representatives C. Levesque, Slater, Lewiss, Corvese, Carroll, Vieira, Sullivan, Ajello, Burlingame, Shavers, Thompson, Rose, 6. Levesque, Kelley, Savage, Bramley, Murphy, Reilly, Palangio, Jacquard, Coelho, Benson, Henseler, Fox, Carter, Garvey, Coderre, Hogan and Williams, on a roll call vote, 74 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 74: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Almeida, Amaral, Anderson.
M., Anderson, 5., Barr, Benson, Bramley, Burlingame, Cambio, Caprio, Carpenter, Carroll, Carter, Coderre, Coelho, Corvese, Costantino, Dennigan, DeSimone, Faria, Ferguson, Flaherty, Fox, Garabedian, Garvey, Giannini, Ginaitt, Gorham, Henseler, Hogan, Iwuc, Jacquard, Kelley, Kennedy, Kilmartin, Lanzi, Levesque, C., Levesque, 6.. Lewiss, Long, Maher, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Munschy, Murphy, Palangio. Palumbo, Picard, Pisaturo, Rabideau, Reilly, Rose, Russo, Savage. Schadone, Scott, Shavers, Simonian, Slater. Sullivan, Thompson, Vieira, Voccola, Watson, Williams. Winfield.
NAYS -0.
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".
The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on motion of Representative Cambio, seconded by Representatives Benson, Giannini, Coelho, Jacquard, Burlingame, Reilly, Palangio, Ajello, Vieira, Lewiss, Slater, Coderre, Aiken, Shavers, Corvese, Garabedian, Thompson, Rose, Kelley, Garvey, Savage, Williams and Hogan, on a roll call vote, 73 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 73.. The Honorable Speaker Harwood and Representatives Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, 5., Barr, Benson, Bramley, Burlingame, Cambio, Caprio, Carpenter, Carroll, Carter, Coderre, Coelho, Corvese, Costantino, Dennigan, Ferguson, Flaherty, Fox, Garabedian, Garvey, Giannini, Ginaitt, Gorham, Henseler, Hogan, Iwuc, Jacquard, Kelley, Kennedy, Kilmartin, Lanzi, Levesque, C., Levesque, G., Lewiss, Long, Maher, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, Palangio, Palumbo, Picard, Pisaturo, Rabideau, Reilly, Rose, Russo, Savage, Schadone, Scott. Shavers, Simonian, Slater, Sullivan, Thompson, Vieira, Voccola, Watson, Williams, Winfield.
NAYS -0.
3.(2000-H 7300) An Act relating to public records access to public records.
Committee on Health, Education and Welfare recommends passage.
Read and passed, on motion of Representative Cambio, seconded by Representatives C. Levesque, Coelho, Benson, Jacquard, Vieira, Sullivan, Corvese, Slater, Aiken, Thompson, Kelley, Garabedian, Shavers, Reilly and Palangio on a roll call vote, 72 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS 72: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Almeida, Amaral, Anderson, M.. Anderson, S., Barr, Benson, Bramley, Burlingame, Cambio, Caprio, Carpenter, Carroll, Carter, Coderre, Coelho, Corvese, Costantino, Dennigan, Faria, Flaherty, Fox, Garabedian, Garvey, George, Giannini, Gorham, Henseler, Hogan, Iwuc, Jacquard, Kelley, Kennedy, Kilmartin. Lanzi, Levesque, C., Levesque, G., Lewiss, Long, Maher, Martineau, McCauley, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, Palangio, Palumbo, Picard, Pisaturo. Rabideau, Reilly, Rose, Russo, San Bento, Savage, Schadone, Scott, Shavers, Simonian, Slater, Sullivan, Thompson. Vieira, Voccola, Watson, Williams, Winfield.
NAYS -0.
4.(2000-H 7669) (Substitute "A'- House Resolution 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".
Representative Williams moves passage of the act, seconded by Representatives Costantino, Slater and Moura.
By unanimous consent, Representative Williams, seconded by Representatives Slater, Ajello, Benson and Shavers, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(2000-H 7669) (Substitute "A")
Mr. Speaker:
I hereby move to amend
(2000-H 7669) (Substitute "A") entitled "HOUSE RESOLUTION RESPECTFULLY REQUESTING THE DEPARTMENT OF HEALTH TO DEVELOP A BROCHURE REGARDING POTENTIAL DRUG SIDE EFFECTS" as follows:
On page 1, line 4, by adding the following language after the word "brochure" "in English and any other language which is endemic to the area it will be servicing."
Respectfully submitted,
ANASTASIA P. WILLIAMS
Representative, District
9
The motion to amend is read and prevails on a voice vote.
The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, on a voice vote.
5.(2000-H 8187) An Act relating to renaming the Newport Airpark.
Ordered on the Calendar.
Representative Long moves passage of the act, seconded by Representatives Amaral, Scott and Kelley.
By unanimous consent, Representative Long, seconded by Representatives Scott, Amaral and Kelley, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(2000-H 8187)
Mr. Speaker:
I hereby move to amend
(2000-H 8187) entitled "AN ACT RELATING TO RENAMING THE NEWPORT AIRPARK" as follows:
On line 1, page 3, by adding the following language after the word "Airpark": "and the Newport Airport."
Respectfully submitted,
BRUCE J. LONG
Representative, District 95
The motion to amend is read and prevails on a roll call vote, 69 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 69: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benson, Bramley, Burlingame, Caprio, Carpenter, Carroll, Carter, Coderre, Coelho, Corvese, Costantino, Dennigan, Flaherty, Fox, Garabedian. Garvey, George, Giannini, Gorham, Henseler, Hogan, Iwuc, Jacquard, Kelley, Kilmartin, Lanzi, Levesque, C., Levesque, G., Lewiss, Long, Maher, Martineau, McCauley, McNamara. Montanaro, Moran, Moura, Mumford, Munschy, Murphy. Palangio, Palumbo, Picard, Pisaturo, Rabideau, Rose, Russo, San Bento, Savage, Schadone, Scott, Shavers, Simonian, Slater, Sullivan, Thompson, Vieira, Voccola, Watson, Williams, Winfield.
NAYS -0.
Read and passed, as amended, on a roll call vote, 66 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 66: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benson, Bramley, Burlingame, Cambio, Caprio, Carpenter, Carroll, Carter, Coderre, Coelho, Corvese, Dennigan, Flaherty, Fox, Garabedian, Garvey, George, Giannini, Gorham, Henseler, Hogan, Iwuc, Jacquard, Kelley, Kilmartin, Lanzi, Levesque, C., Levesque. G.. Lewiss, Long, Maher, Martineau, McCauley, McNamara, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, Palangio, Picard, Pisaturo, Quick, Rabideau, Rose, Russo. San Bento, Savage, Schadone, Scott, Shavers, Simonian, Slater. Sullivan, Thompson, Voccola, Watson, Winfield.
NAYS -0.
6.(2000-H 8030) An Act relating to traffic tribunal.
Committee on Judiciary recommends passage.
Representative Kilmartin moves to recommit the act, seconded by Representative Sullivan.
There is no objection.
The act is recommitted, by unanimous consent, on a voice vote.
Read and referred to the Committee on Judiciary.
7.(2000-H 7641) An Act relating to the Rhode Island Information Resources Management Board.
Committee on Corporations recommends passage.
Read and passed, on motion of Representative Caprio, seconded by Representatives Palangio and Corvese, on a roll call vote, 71 members voting in the affirmative and 1 member voting in the negative as follows:
YEAS - 71: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benson, Bramley, Burlingame, Callahan, Caprio, Carpenter, Carroll, Carter, Coderre, Coelho, Corvese, Costantino, Dennigan, Flaherty, Fox, Garabedian, Garvey, George, Giannini, Gorham, Henseler, Hogan, Iwuc, Kelley, Kilmartin, Lanzi, Levesque, C., Levesque, G., Lewiss, Long, Maher, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, Palangio, Picard, Pisaturo, Rabideau, Reilly, Rose, Russo, San Bento, Savage, Schadone, Scott, Shavers, Simonian, Slater, Sullivan, Thompson, Vieira, Voccola, Watson, Williams, Williamson, Winfield.
NAYS - I: Representative Palumbo.
8.(2000-H 7535) (Substitute "A") An Act relating to criminal offenses impersonation -identity fraud.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".
Read, and by unanimous consent, ordered to be placed on the Calendar for Wednesday, May 17, 2000.
9.(2000-H 6732 as amended) An Act relating to state affairs and government economic development corporation.
Committee on Corporations recommends passage as amended.
Read and passed, as amended, on motion of Representative Coderre, seconded by Representatives Henseler, Benson, Coelho, Carter, Palangio, Rose, Kennedy, Kelley, Caprio and C. Levesque, on a roll call vote, 76 members voting in the affirmative and 1 member voting in the negative as follows:
YEAS - 76: The Honorable Speaker Harwood and Representatives Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benson, Bramley, Burlingame, Callahan, Cambio, Caprio, Carpenter, Carroll, Carter, Coderre, Coelho, Corvese, Costantino, Dennigan, Flaherty, Fox, Garabedian, Garvey, George, Giannini, Gorham, Heffner, Henseler, Hogan, Iwuc, Jacquard, Kelley, Kennedy, Kilmartin, Knickle, Lanzi, Levesque, C., Levesque, G., Lewiss, Long, Maher, Martineau, McCauley, McNamara, Menard, Moran, Moura, Mumford, Munschy, Murphy, Palangio, Palumbo, Picard. Pisaturo, Rabideau, Reilly, Rose, Russo, San Bento, Savage, Schadone, Scott, Shavers, Simonian, Slater, Sullivan, Thompson. Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS - 1: Representative Montanaro.
10.(2000-H 8005) An Act relating to criminal offenses - weapons.
Committee on Judiciary recommends passage.
Read, and by unanimous consent, ordered to be placed on the Calendar for Wednesday, May 17, 2000.
11.(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".
The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on motion of Representative Kennedy, seconded by Representatives Ferguson, Henseler, Palangio, Coelho, Caprio, Coderre, George, Slater, Kelley, Sullivan and Benson, on a roll call vote, 80 members voting in the affirmative and 0 members voting in the negative as follows'.
YEAS - 80: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Almeida, Amaral, Anderson.
M., Anderson, S., Barr, Benson, Bramley. Burl in game. Callahan, Cambio, Caprio, Carpenter, Carroll. Carter. Coderre, Coelho, Corvese, Costantino, Dennigan. =DeSimone, Ferguson, Flaherty, Fox, Garabedian, Garvey, George. Giannini, Gorham, Heffner, Henseler, Hogan. Inman. Iwuc, Jacquard, Kelley. Kennedy, Kilmartin, Knickle. Lanzi, Levesque, C., Levesque, G., Lewiss, Long, Maher, Martineau, McCauley, McNamara, Menard, Montanaro. Moran. Moura, Mumford, Munschy, Murphy, Palangio, Palumbo. Picard. Pisaturo, Rabideau, Reilly, Rose, Russo, San Bento. Savage, Schadone, Scott, Shavers, Simonian, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS 0.
12.(2000-H 6893) An Act relating to education curriculum.
Committee on Health, Education and Welfare recommends passage.
Representative Benoit moves passage of the act, seconded by Representatives Martineau, McNamara, Corvese, Coderre and Garabedian.
Representatives Amaral and Benoit discuss the act.
Read and passed, on a roll call vote, 79 members voting in the affirmative and 1 member voting in the negative as follows:
YEAS - 79: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Burlingame, Callahan, Cambio, Caprio, Carpenter, Carroll, Carter, Coderre, Coelho, Corvese, Costantino, Dennigan, Ferguson, Flaherty, Fox, Garabedian, Garvey, George, Giannini, Gorham, He~er, Henseler, Hogan, Iwuc, Jacquard, Kelley, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Lewiss, Lima, Long, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, Palangio, Palumbo, Picard, Pires, Pisaturo, Rabideau, Rose, Russo, San Bento, Savage, Schadone, Scott, Shavers, Sherlock, Slater, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS - I: Representative Levesque, G.
13.(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.
Representative Benoit moves passage of the act, seconded by Representatives Picard, Menard, Caprio, Palumbo, Jacquard, McNamara, Hogan, Garabedian, Scott, Savage and Corvese.
Representatives Garabedian, Bramley, Benoit and Rabideau discuss the act.
By unanimous consent, Representative C. Levesque, seconded by Representative G. Levesque, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(2000-H 6927) (Substitute "A" as amended)
Mr. Speaker:
I hereby move to amend (2000-H 6927) (Substitute "A" as amended) entitled "AN ACT RELATING TO EDUCATION" as follows:
On page 2, line 2, immediately after the word "deposits" by adding the following language:
and, provided, further, that in establishing schedules' for deposits, the school committee should include provision for waiver of deposit due to financial hardship."
Respectfully submitted,
CHARLES J. LEVESQUE
Representative, District 93
The motion to amend is read and prevails on a roll call vote, 74 members voting in the affirmative and 7 members voting in the negative as follows:
YEAS - 74: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Almeida, Amaral. Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Burlingame, Callahan, Cambio, Caprio, Carpenter, Carroll. Carter, Coderre, Coelho, Corvese, Costantino, Dennigan, Flaherty. Fox, Garabedian, Garvey, George, Giannini, Gorham, Heffner, Henseler, Hogan, Inman, Iwuc, Jacquard, Kelley, Kennedy. Knickle, Lanzi, Levesque, C., Levesque, G.. Lewiss, Lima. Long, Lopes, Maher, Martineau, McCauley. Montanaro, Moran, Mumford, Munschy, Murphy, Naughton. Palangio. Palumbo, Picard, Pires, Rabideau, Reilly, Rose, Russo, Savage. Schadone, Scott, Sherlock, Slater, Sullivan. Thompson, Voccola, Wasylyk, Watson, Williams.
NAYS - 7: Representatives Kilmartin, Malik, McNamara, Menard, San Bento, Vieira, Winfield.
Representatives Gorham, Benoit, Benson, Palumbo, Corvese, Garabedian, C. Levesque, G. Levesque, Sherlock and Bramley 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, 80 members voting in the affirmative and 3 members voting in the negative as follows:
YEAS - SO: Representatives Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Benoit, Benson, Burlingame, Callahan, Cambio, Caprio, Carpenter, Carroll, Carter, Coderre, Coelho, Corvese, Costantino, Dennigan, DeSimone, Flaherty, Fox, Garabedian, Garvey, George, Giannini, Gorham, Heffner, Henseler, Hogan, Inman, Iwuc, Jacquard, Kelley, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lopes, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Rabideau, Rose, Russo, San Bento, Savage, Schadone, Scott, Shavers, Sherlock, Smith, Sullivan, Thompson, Vieira, Voccola, Watson, Williams, Winfield.
NAYS 3: Representatives Barr, Bramley, Wasylyk.
Representative Martineau, seconded by Representative Watson, requests leave of the House to take up item number 50,
(2000-H 7810) on today's Calendar.
There is no objection.
50.(2000-H 7810) An Act relating to criminal offenses - weapons.
Committee on Judiciary recommends passage.
Representative Carpenter moves passage of the act, seconded by Representative Menard and several other members of the House.
By unanimous consent, Representative Carpenter, seconded by Representative Menard and several other members of the House, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(2000-H 7810)
Mr. Speaker:
I hereby move to amend (2000-H 7810) entitled "AN ACT RELATING TO CRIMINAL OFFENSES - WEAPONS" as follows:
(1) On page 9, between lines 16 and 17, by inserting the following language:
"SECTION 2. Chapter 11-47 of the General Laws entitled "Weapons" is hereby amended by adding thereto the following section:
11-47-35.4 BOARD OF APPEALS FOR DENIAL OF PURCHASE OF A FIREARM.- If an applicant is denied the opportunity to purchase a firearm, he or she may file an appeal with the Rhode Island department of attorney general. The attorney general shall promulgate such rules and regulations which he or she deems necessary to implement the provisions of this section."
(2) On page 9, line 17, by deleting the figure "2" and inserting the figure "3" in place thereof.
(3) On page 9, line 23, by deleting the figure "3" and inserting the figure "4" in place thereof.
Respectfully submitted,
MARSHA E. CARPENTER
Representative, District 18
Representatives Sullivan, Garabedian, Benson and Moura discuss the amendment.
The motion to amend is read and prevails on a roll call vote, 57 members voting in the affirmative and 24 members voting in the negative as follows:
YEAS - 57: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Anderson, M., Anderson. S.. Barr, Benoit, Benson, Bramley, Burlingame, Callahan, Caprio, Carpenter, Carroll, Carter, Coelho, Costantino, Dennigan, Ferguson, Flaherty, Fox, Garvey. Giannini, Heffner, Henseler. Inman, Kilmartin, Knickle, 1,ally. Lanzi, Levesque, C., Levesque, G.. Lima, Lopes, Malik, Martineau, McNamara, Menard, Moran, Moura, Murphy Naughton, Palumbo, Pires, Quick, Rabideau, Rose, Savage, Schadone, Scott, Shavers, Sherlock, Sullivan, Thompson, Watson, Williams, Winfield.
NAYS - 24: Representatives Amaral, Cambio, Corvese, Garabedian, George, Gorham, Hogan, Iwuc, Jacquard, Kelley, Kennedy, Lewiss, Long, Montanaro, Mumford, Munschy, Palangio, Picard, Pisaturo, Reilly, San Bento, Smith, Vieira, Voccola.
By unanimous consent, Representative Carpenter, seconded by Representatives Burlingame, Cicilline and Sullivan, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(2000-H 7810)
Mr. Speaker:
I hereby move to amend
(2000-H 7810) entitled "AN ACT RELATING TO CRIMINAL OFFENSES - WEAPONS" as follows:
(1) On page 4, line 3, by inserting a comma after the word
"shall".
(2) On page 4, line 5, by inserting the words "it was" after the word "whom".
(3) On page 4, line 8, by inserting the word "disqualifying" immediately before the word "provisions".
(4) On page 4, line 10, by inserting the words and figures "pursuant to sections 11-47-5, 11-47-6, 11-47-7 or 11-47-23" after the word "information".
(5) On page 4, line 11, by deleting the word "will" and inserting the word "shall" in place thereof.
(6) On page 4, line 14, by deleting the word "will" and inserting the word "shall" in place thereof.
(7) On page 8, line 30, by inserting a comma after the word
"shall".
(8) On page 8, line 32, by inserting the words "it was" after the word "whom".
(9) On page 9, line 2, by inserting the word "disqualifying" immediately before the word "provisions".
(10) On page 9, line 4, by inserting the words and figures "pursuant to sections 11-47-5, 11-47-6, 11-47-7 or 11-47-23" after the word "information
(11) On page 9, line 4, by deleting the word "will" and inserting the word "shall" In place thereof.
(12) On page 9, line 7, by deleting the word "will" and inserting the word "shall" in place thereof.
Respectfully submitted,
MARSHA E. CARPENTER
Representative, District 18
The motion to amend is read and prevails on a roll call vote, 58 members voting in the affirmative and 14 members voting in the negative as follows:
YEAS - 58: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Burlingame, Callahan, Cambio, Caprio, Carpenter, Carroll, Carter, Cicilline, Costantino, Crowley, Dennigan, Ferguson, Flaherty, Fleury, Fox, Garvey, Giannini, Heffner, Henseler, Inman. Jacquard, Kilmartin, Knickle, Lally, Levesque, C., Levesque. iI., Lewiss, Lima, Long, Maher, Martineau, McNamara, Menard, Moran, Moura, Mumford, Murphy, Naughton, Palumbo, Pires, Pisaturo, Quick, Rabideau, Rose, Schadone, Thompson, Voccola, Watson, Williams.
NAYS 14: Representatives Amaral, Corvese. George, Gorham, Hogan, Iwuc, Kelley, Malik, Montanaro. Palangio, Picard, Reilly, San Bento, Savage.
Read and passed, as amended, on a loll call vote, 46 members voting in the affirmative and 36 members voting in the negative as follows:
YEAS - 46: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Anderson, M.. Anderson, S., Barr, Benoit, Benson, Bramley, Burlingame, Caprio. Carpenter, Carroll, Carter, Cicilline, Coelho, Costantino, Crowley, Dennigan, Ferguson, Flaherty, Fox, Garvey. Giannini, Henseler, Kilmartin, Lally, Levesque, C., Levesque, G., Lima, Maher, Martineau, McNamara, Menard, Moran, Moura, Naughton, Palumbo, Pires, Rose, Schadone, Shavers, Sullivan, Thompson, Williams, Winfield.
NAYS - 36: Representatives Amaral, Callahan, Cambio, Corvese, Fleury, Garabedian, George, Gorham, Heffner, Hogan, Inman, Iwuc, Jacquard, Kelley, Kennedy, Lanzi, Lewiss, Long, Malik, Montanaro, Mumford, Munschy, Murphy, Palangio, Picard, Pisaturo, Quick, Rabideau, Reilly, Russo, San Bento, Savage, Scott, Vieira, Voccola, Watson.
Representatives Lopes, Knickle and Shavers request the journal to reflect that if they had voted on
(2000-H 7810), they would have voted in the affirmative.
There is no objection.
14.(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".
Representative Kennedy moves passage of the act, seconded by Representatives Cambio, Voccola, George, McNamara, Lanzi, Garabedian, Amaral, Mumford, Gorham and Quick.
Representatives Garabedian, Mumford and Gorham discuss the act.
The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on a roll call vote, 81 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 81: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Burlingame, Callahan, Cambio, Caprio. Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho. Corvese, Costantino, Crowley, Dennigan, Ferguson, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Gorham, Heffner, Henseler, Hogan, inman, Iwuc, Kelley, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Lewiss, Lima, Long, Maher, Martineau, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, Naughton, Palangio, Palumbo, Picard, Pisaturo, Quick, Reilly, Rose, Russo, San Bento, Savage, Schadone, Scott, Shavers, Sherlock, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Watson, Williams, Winfield.
NAYS -0.
15.(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".
Representative Benoit moves passage of the act, seconded by Representatives Ajello, Lewiss, Corvese, Williams, Montanaro and Garabedian.
By unanimous consent, Representative Benoit, seconded by Representatives Cambio, Ajello and Garabedian, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(2000-H 7138) (Substitute A'
Mr. Speaker:
I hereby move to amend
(2000-H 7138) (Substitute "A") entitled "AN ACT RELATING TO HEALTH AND SAFETY CHILD DAY CARE CENTERS" as follows:
(1) On page 1, line 4, by deleting the words "on the grounds or premises," and inserting the words "in the buildings or outdoor play areas".
(2) On page 1, line 5, by inserting the words "or in outside areas within twenty-five (25) feet of buildings or outdoor play areas,- provided, further, that smoking shall not occur in any area within a children's view" after the word "children".
(3) On page 1, lines 8 and 9, by deleting the words "on the grounds or premises", and inserting the words "within the household or outdoor play areas".
(4) On page 1, line 10, by inserting the words "or in outside areas within twenty-five (25) feet of the home or outdoor play areas; nor shall smoking occur in any area within the children's view" after the word and figures "section 23-28.15-1.2".
(5) On page 1, line 18, by inserting the word "lighted" after the word other
Respectfully submitted,
NANCY L. BENOIT
Representative, District 64
The motion to amend is read and prevails on a roll call vote, 65 members voting in the affirmative and 1 member voting in the negative as follows:
YEAS - 65: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Almeida, Amaral, Anderson, M., Barr, Benoit, Benson, Bramley, Cambio, Caprio, Carpenter, Carroll, Cicilline, Coderre, Coelho, Corvese, Crowley, Dennigan, Flaherty, Fleury, Garabedian, Garvey, George, Gorham, Henseler, Hogan, Iwuc, Kelley, Kennedy, Knickle, Lally, Levesque, C., Lewiss, Lima, Long, Maher, Malik, Martineau, McCauley, McNamara, Menard, Moran, Moura, Mumford, Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Reilly, Russo, San Bento, Savage, Schadone, Shavers, Sherlock, Smith, Thompson, Vieira, Voccola, Williams, Winfield.
NAYS I: Representative Kilmartin.
The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, on a roll call vote, 74 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 74: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Callahan, Cambio, Caprio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Dennigan, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Gorham, Henseler, Hogan, Iwuc, Kelley, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Lewiss, Lima, Long, Lopes, Maher, Martineau, McCauley, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Naughton, Palangio, Picard, Pires, Pisaturo, Quick, Reilly, Russo, San Bento, Savage, Schadone, Scott, Shavers, Slater, Smith, Sullivan, Thompson, Voccola, Watson, Williams, Winfield.
NAYS -0.
16.(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".
Representative Benoit moves passage of the act, seconded by Representatives Cicilline, Ajello and Shavers.
By unanimous consent, Representative Benoit, seconded by Representatives Cicilline, Ajello and Shavers, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(2000-H 7139) (Substitute "A")
Mr. Speaker:
I hereby move to amend
(2000-H 7139) (Substitute "A") entitled "AN ACT RELATING TO CHILDREN, YOUTH AND FAMILIES DEPARTMENT" as follows:
By deleting all of the language following the enactment clause and substituting the following language:
CHAPTER 72.9
CHILDREN'S RIGHT TO FREEDOM FROM
RESTRAINT ACT
42-72.9-1. SHORT TITLE - This chapter shall be known as the "Children's Right to Freedom from Restraint Act."
42-72.9-2. FUNDAMENTAL PURPOSE.
- This legislation is enacted to protect and promote the rift of each child who is a resident or patient in a covered facility to be free from physical or mental abuse, corporal punishment, involuntary seclusion, and any physical or chemical restraints (as defined herein) imposed for purposes of discipline or convenience. Every child who obtains services from a covered facility has a right to be free from both physical and chemical restraints that are not medically necessary or are used as a means of coercion, discipline, convenience or retaliation by service providers.
42-72.9-3. DEFINITIONS. - For the purposes of this chapter:
(1) "Service provider" means any person employed or contracted by a covered facility to provide direct care, residential treatment, education or direct supervision of children.
(2) "Covered facility" means any agency, organization, public or private entity that provides any of the following for children, regardless of the state agency under whose authority its license is established: residential treatment, including in-house educational programming; in-patient or residential psychiatric treatment for mental illness and group or shelter home care pursuant to a licensed granted by the department of children, youth and families and youth correctional incarceration or rehabilitative services. The term "covered facility" does not include the public school system or psychiatric hospitals; or the Rhode Island Training School for Youth.
The Department of Children, Youth and Families will promulgate policies and regulations in accordance with 42-72.9-9 relative to the use of seclusion and restraint at the Rhode Island Training School for Youth on or before January 1, 2001.
(3) "Therapeutic Physical Restraint" means the acceptable use of a staff member's body to immobilize or reduce the free movement of a child/youth's arms, legs, torso, or head, in order to ensure the physical safety of a child/youth or other individual in the facility. The term does not include (A) briefly holding a person in order to calm or comfort the person; (B) restraint involving the minimum contact necessary to safely escort the person from one area to another.
(4) "Mechanical restraint" means any approved mechanical restriction that immobilizes or reduces the free movement of a child/youth's arms, legs, torso, or head in order to hold a child/youth safely including (A) medical devices, including but not limited to, supports prescribed by a health care provider to achieve proper body position or balance; (B) helmets or other protective gear used to protect a person from injuries due to a faIl; or (C) helmets, mitts and similar devices used to prevent self injury when the device is part of a documented treatment plan and is the least restrictive means available to prevent such self injury.
(6) "Life threatening physical restraint" means any physical restraint or hold on a child that restricts the flow of air into a person's lungs, whether by chest compression or any other means.
(6) "Chemical restraint" means a medication used to control behavior or restrict the patient's freedom of movement and is not standard treatment for the child's medical or psychiatric condition.
(7) "Seclusion" means the involuntary confinement of a child/youth in a room in a covered facility, whether alone or with staff supervision, in a manner that prevents the child/youth from leaving. This definition does not pertain to the use of "time out" as an acceptable form of short-term behavioral management nor does it pertain to covered facilities where the terms of seclusion are defined pursuant to particular judicial decrees.
(8) "Time out" means the brief separation of a child/youth from the group not to exceed twenty (20) minutes, designed-to de-escalate the child/youth. During the "Time out," a child/youth's freedom of movement is not restricted and the child/youth need not be directly supervised, but must be visually monitored.
42-72.9-4. USE OF RESTRAINTS. (A) No service provider may use a life threatening physical restraint on any child at any time. This section shall not be construed as limiting any defense to a criminal prosecution for the use of deadly physical force that may be available in the general laws;
(B) After January 1, 2001, no service provider shall administer a restraint on a child unless trained in accordance with the provisions of this chapter;
(C) No service provider shall administer a physical, mechanical, or chemical restraint on a child, unless the following conditions are met:
(1) A service provider in a covered facility may impose restraints only to prevent immediate or imminent risk of harm to the physical safety of the child, staff, or other individuals in the facility. Restraints shall be removed at the earliest possible time that the child can commit to safety and no longer poses a threat to him/herself or others.
(2) The use of mechanical restraints on children and youth must be administered in strict accordance with policies developed by the service provider and is limited to those covered facilities granted specific authority to use mechanical restraint methods by their respective state licensing authorities after review and approval of their policies. The use of mechanical restraints at the Rhode Island Training School for Youth will be governed exclusively by rules and regulations promulgated by DCYF in accordance with section 42-72.9-9 on or before January 1,2001.
(3) A physical, mechanical, or chemical restraint may be used only when less restrictive interventions have not succeeded in de-escalating a situation in which the child's and/or other's safety is at risk.
(4) Except in the case of an emergency, any use of restraint on a child in the school program of a covered facility must be in accordance with the child's individual education program.
(6) Any use of restraint on a child must be in accordance with safe and appropriate restraining techniques and be administered only by service providers that have both initial and ongoing education and training in the proper and safe use of restraints as established by nationally recognized training programs.
(6) All chemical restraints must be ordered in writing by a physician and administered in accordance with the standards adopted by the joint commission on accreditation of health care organizations (JCAHO).
(7) The condition of the child in a restraint must be continually assessed, monitored and reevaluated and the restriction of patient child movement or activity by restraint must be ended at the earliest possible time, considering the physical safety of the child being restrained and other individuals in the facility. For the purposes of this section, "monitor" means (a) direct observation, or (b) observation by way of video monitoring within physical proximity sufficient to provide aid as may be needed.
(8) Restraints may not be written as a standing order or on "as needed" (PRN) basis.
(9) All restraints must be recorded by the individuals administering the restraints and reviewed by supervisory personnel as soon as practicable but no later than forty-eight (40) hours after the restraint. was administered.
42-72.9-9. SECLUSION. - (A) No service provider may involuntarily place a child in seclusion except as an emergency intervention to prevent immediate or imminent risk of injury to the physical safety of the child, staff, or other individuals in the facility and may not be used for discipline, convenience or as a substitute for a less restrictive alternative. The following requirements must be observed for any child placed in seclusion:
(1) The condition of the child in seclusion must be continually assessed, monitored and reevaluated and the seclusion must be ended at the earliest possible time, considering the physical safety of the child being secluded and other individuals in the facility. For the purposes of this section, "monitor" means (a) direct observation, or (b) observation by way of video monitoring within physical proximity sufficient to provide aid as may be needed.
(2) The simultaneous use of seclusion and mechanical or chemical restraint is prohibited.
(3) Nothing in this section shall be construed to limit the use of "time out" as a method of managing behavior within a covered facility.
42-72.9-6. RECORDING. - (A) Any use of physical, mechanical, or chemical restraint or seclusion on a child must be documented in the child's medical, educational, treatment or case record maintained by the covered facility. The documentation shall include:
(1) in the case of emergency use, the nature of the emergency and what other steps, including attempts at verbal de-escalation, were taken to prevent the emergency from arising if there were indications that such an emergency was likely to arise; and
(2) a detailed description of the nature of the restraint, its duration and its effect on the child's established medical, educational or treatment plan.
(B) Each covered facility shall (1) maintain a weekly log of the use of physical, mechanical, or chemical restraint or seclusion on children in their care and the nature of the emergency that necessitated its use, and (2) include such information in an annual compilation on its use of such restraint and seclusion. The director of the state agency that has jurisdiction or supervisory control over the covered facility shall issue regulations regarding the specific content of the annual compilation and review the annual compilation prior to renewing a license for or a contract with such covered facility. The annual compilation of use of restraints and seclusion by each covered facility shall be a public record.
(C) If the use of such restraint or seclusion results in serious physical injury or death to the child, the covered facility shall report the incident immediately to the Department of ChIldren, Youth and Families as defined by law and to the director of the state agency that has jurisdiction or supervisory control over the covered facility. The director shall report any incidence of serious injury or death to the child advocate. The term "serious injury" shall be defined by DCYF in the rules and regulations promulgated pursuant to section 42-72.9-9.
42-72.9-7. TRAINING AND POLICIES. -(A) Each covered facility shall: (1) develop policies and procedures that establish monitoring, documentation, reporting and internal review of the use of restraint and seclusion on children;
(2) require training of all service providers in the use of restraint and seclusion on children. Such training shall include but not be limited to verbal defusing and de-escalation; prevention strategies; types of physical restraint; the differences between life threatening physical restraint and other varying levels of physical restraint; monitoring to prevent harm to a child physically restrained or in seclusion and recording and reporting procedures on the use of restraints and seclusion.
(3) make the policies and procedures required under subsection (1) available to the director of the state agency that has jurisdiction or supervisory control over the covered facility.
(B) DCYF shall be responsible for ensuring compliance with initial and refresher restraint training and for funding said training in accordance with its contract or rate provisions with residential providers.
42-72.9-8. PENALTIES. -(A) Any covered facility that does not comply with the provisions of this chapter shall be subject to licensing action, including but not limited to license revocation, by the agency or department of state government that has jurisdiction or supervisory control over the covered facility.
(B) Any service provider who willfully and intentionally violates the provisions of this chapter and by reason of such violation inflicts physical injury upon a child, shall upon conviction thereof be fined a sum not exceeding five hundred dollars (~600) and/ or imprisoned for a term not exceeding six (6) months.
(C) Nothing contained herein shall be construed to limit or restrict any criminal or civil action available to an appropriate party under applicable state law.
42-72.9-9. RULES AND REGULATIONS. - DCYF and MHRH shall promulgate rules and regulations pursuant to the administrative procedures act, title 42, chapter 36, on or before January 1, 2001, to implement the intent of this statute.
SECTION 2. This act shall take effect upon passage.
Respectfully submitted,
NANCY L. BENOIT
Representative, District 64
The motion to amend is read and prevails on a roll call vote, 76 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 76: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Burlingame, Cambio, Caprio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Crowley, Dennigan, Flaherty, Fleury, Fox, Garabedian, Garvey, Giannini, Gorham, Heffner, Henseler, Hogan, Iwuc, Jacquard, Kelley, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Lewiss, Lima, Long, Lopes, Maher, Martineau, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Naughton, Palangio, Pires, Pisaturo, Quick, Reilly, Rose, Russo, San Bento, Savage, Schadone, Scott, Shavers, Sherlock, Slater, Smith, Thompson, Vieira, Voccola. Watson, Williams, Winfield.
NAYS -0.
By unanimous consent, Representative Cambio, seconded by Representatives Benoit, Cicilline and Benson, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(2000-H 7139) (Substitute "A")
Mr. Speaker:
I hereby move to amend (2000-H 7139) (Substitute "A',) entitled "AN ACT RELATING TO CHILDREN, YOUTH AND FAMILIES DEPARTMENT" as follows:
On page 5, line 33, by adding the sentence after "six (6) months": "However, if the service provider is exonerated, all costs incurred in defense of these charges shall be paid by the covered facility."
Respectfully submitted,
BAMBILYN BREECE CAMBIO
Representative, District
11
The motion to amend is read and prevails on a roll call vote, 77 members voting in the affirmative and 2 members voting in the negative as follows:
YEAS - 77: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Almeida, Amaral, Anderson. M., Anderson, S., Barr, Benoit, Benson, Bramley. Burlingame, Callahan, Cambio, Caprio, Carpenter, Carroll. Carter, Cicilline, Coderre, Coelho, Corvese, Crowley. Dennigan, Flaherty, Fleury, Fox, Garabedian, Garvey, Giannini, Heffner, Henseler, Hogan, Iwuc, Jacquard, Kelley, Kennedy. Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G.. Lima, Long, Lopes, Maher, Martineau, McCauley, Menard, Montanaro. Moran, Moura, Mumford, Munschy, Naughton. Palangio. Palumbo, Picard, Pires, Pisaturo, Quick, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shavers, Slater, Smith, Sullivan, Thompson, Vieira, Watson, Williams, Winfield.
NAYS 2: Representatives George, Gorham.
Representatives Lima, Benoit, Jacquard,
George and Gorham discuss the act as amended.
NOW PRESIDING
At 5:30 o'clock P.M. the Honorable Speaker yields the rostrum to the Honorable Deputy Speaker, Edward S. Inman, III.
CALENDAR
Representative Sherlock discusses the act as amended.
By unanimous consent, Representative Benoit, seconded by Representative Cicilline, offers an oral motion to amend.
The motion to amend prevails on a voice vote.
The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, on a roll call vote, 69 members voting in the affirmative and 2 members voting in the negative as follows:
YEAS - 69: Representatives Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Benoit, Bramley, Burlingame, Cambio, Caprio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Dennigan, Flaherty, Fleury, Fox, Garabedian, Garvey, Giannini, Gorham, Heffner, Henseler, Hogan, Inman, Iwuc, Jacquard, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Lopes, Maher, Malik, Martineau, McCauley, Menard, Montanaro, Moran, Moura, Munschy, Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Reilly, Rose, San Bento, Savage, Schadone, Shavers, Sherlock, Slater, Smith, Sullivan, Thompson, Vieira, Williams.
NAYS 2: Representatives George, Scott.
Representative Long requests the journal to reflect that if he had voted on
(2000-H 7139) (Substitute "A"), he would have voted in the affirmative.
There is no objection.
17.(2000-H 7397 as amended) An Act relating to education - curriculum.
Committee on Health, Education and Welfare recommends passage as amended.
Representative Garabedian moves passage of the act, seconded by Representatives Henseler, Martineau, Benoit, Giannini, Cambio, Cicilline, Palangio, Bramley, Malik, Iwuc, Vieira, Lopes, Lewiss, Corvese, George and Montanaro.
Representatives Mumford, Corvese, George, Savage, Lopes, Sherlock, Cambio, Cicilline, Benoit, Lewiss, Palumbo, Amaral, Giannini, C. Levesque, Benson, Shavers and Garabedian discuss the act.
Read and passed, as amended, on a roll call vote, 70 members voting in the affirmative and 4 members voting in the negative as follows:
YEAS - 70: Representatives Aiken, Ajello. Almeida, Anderson, S., Benoit, Benson, Bramley, Burlingame. Cambio, Caprio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Dennigan, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Henseler, Hogan, Inman, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally. Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long. Lopes, Maher, Malik, Martineau, Menard, Montanaro, Moran. Moura, Munschy, Naughton, Palangio, Palumbo, Picard. Pires, Pisaturo, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shavers, Sherlock, Slater, Sullivan, Thompson. Vieira, Wasylyk, Williams, Winfield.
NAYS - 4: Representatives Amaral, Gorham, Heffner, Mumford.
On suggestion of Representative Martineau, and by unanimous consent, the Calendar for today is continued to Tuesday, May 16, 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.
ANNOUNCEMENT
Representative Fox announces that the Committee on Finance will continue its meeting today at the rise of the House in Room 35 of the State House.
ADJOURNMENT
At 6:11 o'clock P.M. on motion of Representative Palangio, and as a further mark of respect to the memory of Anthony J. Vota, seconded by Representatives Martineau and Gorham, the House adjourns, on a unanimous rising vote.
LINDA McELROY
Recording Clerk
Appendix
INVOCATION
REPRESENTATIVE ROGER A. Picard
Heavenly Father, thank you for the patience you have given us to serve the people of our state. Help us daily t.o perform our tasks in a manner acceptable to you. Amen.
Appendix
CALENDAR
In order for Tuesday, May 16, 2000:
1.(2000-H 7411) An Act relating to school buses.
Committee on Health, Education and Welfare recommends passage.
2.(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".
3.(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".
4.(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.
5.(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".
6.(2000-H 7784) An Act relating to the uniform commercial code - bulk transfers.
Committee on Judiciary recommends passage.
7.(2000-H 7522) An Act relating to financial institutions licensed activities.
Committee on Corporations recommends passage.
8.(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".
9.(2000-H 7630) An Act relating to businesses and professions electricians.
Committee on Corporations recommends passage.
10.(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".
11.(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.
12.(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"
13.(2000-H 7916) An Act relating to incorporation of United Electric Power Company.
Committee on Corporations recommends passage.
14.(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".
15.(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.
16. (00-S 2566) An Act relating to Joint Committee on Naming New Buildings.
Ordered on the Calendar.
17.(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".
18.(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".
19.(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'-.
20.(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".
21.(2000-H 7701) An Act relating to safety -accident reports.
Joint Committee on Highway Safety recommends passage.
22.(2000-H 7905) (Substitute "A") House Resolution creating a special House commission to study confidentiality and proprietary rights regarding genetic testing.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".
23.(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".
24.(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".
25. (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".
26.(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".
27.(2000-H 7715) An Act relating to town and city sealers.
Committee on Corporations recommends passage.
28.(2000-H 7433) An Act relating to professional service corporations.
Committee on Corporations recommends passage.
29.(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".
30.(2000-H 7381) (Substitute "A") An Act relating to motor and other vehicles - suspension or revocation of licenses.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".
31.(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".
32.(2000-H 7287) An Act relating to motor and
other vehicles motor vehicle offenses.
Committee on Judiciary recommends passage.
33.
(2000-H 8062) An Act relating to human services - rights to public facilities.
Committee on Health, Education and Welfare recommends passage.
34.(2000-H 6948) An Act relating to parks and recreational areas - general provisions.
Joint Committee on Naming State Constructions recommends passage.
35.(2000-H 7237) An Act relating to alcoholic beverages - retail licenses.
Committee on Corporations recommends passage.
36.(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".
37.(2000-H 7057 as amended) An Act relating to public drinking water supply.
Joint Committee on Water Resources recommends passage as amended.
38.(2000-H 7870) An Act relating to waters and navigation-
Big River Reservoir.
Joint Committee on Water Resources recommends passage.
39.(2000-H 7864) An Act relating to waters and navigation.
Joint Committee on Water Resources recommends passage.
40.(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.
41.(2000-H 7780 as amended) An Act relating to the uniform commercial code - sales.
Committee on Corporations recommends passage as amended.
42. (00-S 2806) (Substitute "A" as amended) An Act relating to motor and other vehicles - right-of-way of fire companies.
Ordered on the Calendar.
Appendix
CALENDAR
In order for Wednesday, May 17, 2000:
1.(2000-H 7535) (Substitute "A") An Act relating to criminal offenses - impersonation -identity fraud.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".
2.(2000-H 8005) An Act relating to criminal offenses - weapons.
Committee on Judiciary recommends passage.
Appendix
CALENDAR
In order for Thursday, May 18, 2000:
1. (00-S 2866) An Act relating to solemnization of marriages.
Committee on Judiciary recommends passage in concurrence.
LOUIS D'ANTUONO
Reading Clerk
Thursday, May 11, 2000
As always, your comments concerning this page are welcomed and appreciated.
Thank you for stopping by!
