HOUSE JOURNALS - Tuesday, May 23, 2000

State of Rhode Island and Providence Plantations

JOURNAL
-OF THE-
HOUSE OF REPRESENTATIVES
JANUARY SESSION of the General Assembly begun and held at the State House in the City of Providence on Tuesday, the fourth day of January in the year of Our Lord two thousand.

Volume 127, No. 51 Tuesday, May 23, 2000 Fifty-first Day

The House of Representatives meets at the State House in Providence, Tuesday, May 23, 2000, and is called to order at 4:31 o'clock P.M., by the Honorable Edward 5. Inman, III, Deputy 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 Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, 5., Barr, Benoit, Benson, Bramley, Burlingame, Callahan, Cambio, Caprio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria. Ferguson, Flaherty, Fleury, 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, Long, Lopes, Lowe, Maher, Malik, Martineau, McNamara, Menard, Millard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, Palangio, Palumbo, Picard, Pires, Pisaturo, Quick, Rabideau, Reilly, Rose, Russo, San Bento, Savage, Schadone, Scott, Shavers, Sherlock, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Williamson, Winfield.

ABSENT - 3: Representatives McCauley, Naughton, Williams.

INVOCATION

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

(For Invocation, see Appendix, this Journal.)

APPROVAL OF RECORD

By unanimous consent, the House Journal of Wednesday, May 17, 2000, is approved as printed.

ANNOUNCEMENT

Representative Naughton will be out of state and unable to attend session today, May 23, 2000.

EFFECTIVE WITHOUT SIGNATURE OF THE GOVERNOR

The Honorable Deputy Speaker announces receipt by the Secretary of State of the following measures, effective without signature of His Excellency, the Governor:

(2000-H 6731) An Act relating to taxation, effective May 17, 2000.

(2000-H 7211 as amended) An Act relating to the Valley Gas Company, effective May 17, 2000.

(2000-H 7727) An Act relating to motor vehicle repair businesses in Pawtucket, effective May 18, 2000.

(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, effective May 18, 2000.

(2000-H 8063) An Act relating to levy and assessment of local taxes, effective May 18, 2000. Received and ordered to be placed on file.

COMMUNICATION FROM THE SENATE

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

(00-S 2349) (Substitute "A,,) An Act relating to oil spill response fund.

Read and referred to the Committee on Judiciary.

(00-S 2434 as amended) An Act relating to tree wardens.

Read and referred to the Committee on Corporations.

(00-S 2575) (Substitute "A") An Act relating to children.

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

(00-S 2590 as amended) An Act relating to teachers retirement.

Read and referred to the Committee on Finance.

(00-S 2879 as amended) An Act relating to refuse disposal licenses.

Read and referred to the Committee on Corporations.

(00-S 2909) An Act relating to state emblems state tartan.

Read and referred to the Committee on Special Legislation.

(00-S 2910 as amended) An Act relating to taxation tri-town economic opportunity committee.

Read and referred to the Committee on Corporations.

(00-S 2939) An Act relating to registration of motor vehicles.

Read and referred to the Committee on Special Legislation.

ANNOUNCEMENTS

Representative G. Levesque congratulates Representative Carroll on graduating from Roger Williams University School of Law.

Also:

Representative Benson congratulates Jeffrey Del Gigante on his graduation from Roger Williams University as a member of Pi Sigma Alpha.

Also:
Majority Leader Martineau, on behalf of the past and present membership, extends sincerest thanks and best wishes to Representative Benoit on her retirement from the House of Representatives.

Also:

Representative Burlingame, Cicilline, Lopes, Garabedian, Bramley, C. Levesque, Abdullah-Odiase, Watson, and Long also congratulate Representative Benoit on her retirement.

REPORTS OF COMMITTEES

COMMITTEE ON CORPORATIONS

Representative Kennedy, for the Committee on Corporations, reports back the following measures, with recommendation of passage:

(00-S 2807) An Act relating to taxation -exemption.

Received and ordered to be placed on the Consent Calendar.

(00-S 2812) An Act providing for improvements to its water system by the Stone Bridge Fire District and authorizing the financing thereof, including the issue of not more than $252,000 in bonds therefor.

Received and ordered to be placed on the Consent Calendar.

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

Received and ordered to be placed on the Consent Calendar.

(00-S 2854) Joint Resolution creating a special legislative commission to study the concept of sustainability as it could be encouraged by state government.

Received and ordered to be placed on the Consent Calendar.

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

Received and ordered to be placed on the Consent Calendar.

(00-S 2903) An Act relating to participation by employees of the Department of Public Works of the town of Barrington who are members of United Steelworkers of America, AFL-CIO-CLC, Local 14845, Bargaining Unit in the Municipal Employees' Retirement System.

Received and ordered to be placed on the Consent Calendar.

(2000-H 7050) (Substitute "A") An Act relating to establishing the Smithfield Land Trust.

Received and ordered to be placed on the Consent Calendar.

(2000-H 7365) An Act establishing a North Providence Land Trust.

Received and ordered to be placed on the Consent Calendar.

(2000-H 8122) An Act relating to the city of Providence residential rehabilitation tax relief.

Received and ordered to be placed on the Consent Calendar.

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

Received and ordered to be placed on the Consent Calendar.

(2000-H 8137) An Act relating to Providence Country Day School.

Received and ordered to be placed on the Consent Calendar.

(2000-H 8178) An Act exempting from taxation the real, mixed and personal property of Academy Science Center, Inc.

Received and ordered to be placed on the Consent Calendar.

(2000-H 8196) An Act in amendment of Chapter 12 of the Public Laws of 1987 of the State of Rhode Island entitled "An Act to incorporate the Ashaway Fire District".

Received and ordered to be placed on the Consent Calendar.

(2000-H 8216) An Act relating to taxation -Maria S.S. Della Difesa.

Received and ordered to be placed on the Consent Calendar.

(2000-H 8220) An Act to vacate the forfeiture or revocation of the charter of Aquila Abruzzi Molisi Citizens Club.

Received and ordered to be placed on the Consent Calendar.

(2000-H 8231) An Act relating to the Bradford Fire District.

Received and ordered to be placed on the Consent Calendar.

COMMITTEE ON FINANCE

Representative Pires, for the Committee on Finance, reports back the following measures, with recommendation of passage:

(2000-H 7296) (Substitute "A") An Act relating to indictments, informations and complaints.

Received and ordered to be placed on the Calendar.

(2000-H 7926) An Act relating to domestic relations - custody of children.

Received and ordered to be placed on the Calendar.

(2000-H 8172) An Act relating to the designation of the state yacht.

Received and ordered to be placed on the Calendar.

COMMITTEE ON JUDICIARY

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

(2000-H 7688) Joint Resolution to approve and publish and submit to the electors a proposition of amendment to the Constitution of the State (composition of General Assembly).

Received and ordered to be placed on the Calendar.

NEW BUSINESS

Representatives Garabedian, Knickle, Jacquard, Montanaro, Kilmartin, Long and Gorham introduce (2000-H 8255) An Act relating to towns and cities - zoning ordinances.

Read and referred to the Committee on Corporations.

Representatives Giannini, Simonian, Wasylyk and Cambio introduce (2000-H 8256) An Act relating to insurance.

Read and referred to the Committee on Corporations.

Representatives 5. Anderson and Inman introduce (2000-H 8257) An Act relating to public corporation debt management.

Read and referred to the Committee on Corporations.

Representatives Lewiss, Aiken, Dennigan, Flaherty and Lally introduce (2000-H 8258) An Act relating to criminal offenses- sexual assault.

Read and referred to the Committee on Judiciary.

Representative Garabedian introduces (2000-H 8259) House Resolution reinstating the life and extending the reporting and expiration dates of the special House commission to study the need for a permanent Economic Development Committee.

Representative Garabedian requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Garabedian, seconded by Representatives Martineau, Henseler and Long, and by unanimous consent, on a voice vote.

Representative Garabedian introduces (2000-H 8260) House Resolution extending the reporting date of the special House commission to study a short term medical coordinating council to study emergency rooms.

Representative Garabedian requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Pires, Faria, Vieira, Rose, Moura, and several other members of the House introduce (2000-H 8261) House Resolution proclaiming the month of June annually as Portuguese American Month in the State of Rhode Island.

Representative Pires requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Barr, Corvese, Schadone, Smith and DeSimone introduce (2000-H 8262) House Resolution congratulating Dr. Frank W. Pallotta on his retirement from the Providence School Department.

Representative Barr requests unanimous consent for immediate consideration.

There is no objection.

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

NOTICES OF BILL/RESOLUTION
INTRODUCTION

Representative Pires gives notice that on the next legislative day he will introduce a measure concerning mechanics lien law study commission.

This notice is given in compliance with House Rule 42.

ANTONIO J. PIRES
Representative, District 79

Received and ordered to be placed on file.

Representative Corvese gives notice that on the next legislative day he will introduce a measure relating to informed consent for abortion.

This notice is given in compliance with House Rule 42.

ARTHUR J. CORVESE
Representative, District 71

Received and ordered to be placed on file.

NOW PRESIDING

At 4:50 o'clock P.M. the Honorable Deputy Speaker yields the rostrum to the Honorable Speaker Harwood.

CALENDAR

From the Calendar are taken:

1.(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".

Read, and by unanimous consent ordered to be placed on the bottom of the Calendar as item No. 22.

2.(2000-H 7287) An Act relating to motor and other vehicles- motor vehicle offenses.

Committee on Judiciary recommends passage.

Representative Flaherty moves to recommit the act, seconded by Representative Martineau.

There is no objection.
The act is recommitted, by unanimous consent, on a voice vote.

Read and referred to the Committee on Judiciary.

3.(2000-H 8062) An Act relating to human services - rights to public facilities.

Committee on Health, Education and Welfare recommends passage.

Representative Benoit moves passage of the act, seconded by Representatives Martineau, Kelley, Garabedian and Montanaro.

Representative Watson discusses the act.

Read and passed, on a roll call vote, 80 members voting in the affirmative and 5 members voting in the negative as follows:

YEAS - 80; Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Burlingame, Callahan, Cambio, Caprio, Carpenter, Carroll, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, Faria, Ferguson, Flaherty, Fleury, Garabedian, Garvey, George, Giannini, Ginaitt, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kelley, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lime, Long, Lopes, Lowe, Maher, Malik, Martineau, McNamara, Menard, Montanaro, Moran, Munschy, Murphy, Palangio, Picard, Pires, Pisaturo, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Shavers, Sherlock, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Wasylyk, William. son, Winfield.

NAYS - 5; Representatives Gorham, Millard, Mumford, Scott, Watson.

4.(2000-H 6948) An Act relating to parks and recreational areas - general provisions.

Joint Committee on Naming State Constructions recommends passage.

Read, and by unanimous consent ordered to be placed on the Calendar for Wednesday, June 14, 2000.

5.(2000-H 7237) An Act relating to alcoholic beverages - retail licenses.

Committee on Corporations recommends passage.

Read and passed, on motion of Representative Kennedy, seconded by Representatives Pires, Martineau and Corvese on a roll call vote, 82 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 82: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Burlingame, Callahan, Cambio, Caprio, Carpenter, Carroll, Coderre, Coelho. Corvese, Costantino, Dennigan, Ferguson, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Ginaitt, Gorham, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kelley, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G.. Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McNamara, Menard, Millard, Montanaro, Moran, Mumford, Munschy, Murphy, Palangio, Picard, Pires, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shavers, Sherlock, Simonian, Slater, Sullivan, Thompson, Vieira, Wasylyk, Watson, Williamson, Winfield.

NAYS -O.

6.(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".

Representative Kennedy moves passage of the act, seconded by Representatives 5. Anderson, M. Anderson, Montanaro, George and Sullivan.

By unanimous consent, Representative Coderre, seconded by Representatives Ajello, Aiken, Henseler, Cicilline, Slater, Picard and Benoit, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(2000-H 7308) (Substitute "A")

Mr. Speaker:

I hereby move to amend

(2000-H 7308) (Substitute "A") entitled "AN ACT RELATING TO CITIES AND TOWNS - RHODE ISLAND DEVELOPMENT IMPACT FEE ACT" as follows;

On page 3 by inserting the following language after line 29, "(e) Any housing subsidized by the federal or state government under any program to assist the construction or rehabilitation of low or moderate income housing, as defined in the applicable federal or state statute, whether built or operated by any public agency or any nonprofit organization, or by any limited equity housing cooperative or any private developer will be exempt from any impact fee".

Respectfully submitted,

ELAINE A. CODERRE
Representative, District 78

Representatives 5. Anderson, Knickle and Coderre discuss the amendment.

Representative Coderre offers an oral amendment to the amendment, seconded by Representatives G. Levesque, Aiken, C. Levesque and Carroll.

The oral amendment to the amendment prevails on a roll call vote, 83 members voting in the affirmative and 1 member voting in the negative as follows:

YEAS - 83: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Benoit, Benson, Bramley, Burlingame, Callahan, Cambio, Caprio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Crowley, Dennigan, Faria, Ferguson, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Ginaitt, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kelley, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lime, Long, Maher, Malik, Martineau, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, Palangio, Picard, Pisaturo, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shavers, Sherlock, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Watson, Williamson, Winfield.

NAYS - 1; Representative Gorham.

Representatives Rabideau, C. Levesque, Kennedy, 5. Anderson, Lopes, Crowley, Knickle and Slater discuss the amendment as amended.

The written motion to amend is read and fails on a roll call vote, 35 members voting in the affirmative and 54 members voting in the negative as follows:

YEAS - 35; Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Benoit, Benson, Bramley, Burlingame, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Crowley, DeSimone, Fox, Hetherington, Levesque, C., Levesque, G., Lima, Lopes, Maher, Martineau, Moura, Palangio, Picard, Pisaturo, Reilly, Schadone, Shavers, Slater, Smith, Wasylyk.

NAYS - 54; The Honorable Speaker Harwood and Representatives Amaral, Anderson, M, Anderson, S., Barr, Callahan, Cambio, Caprio, Carpenter, Dennigan, Faria, Flaherty, Fleury, Garabedian, Garvey, George, Giannini, Gorham, Heffner, Henseler, Hogan, Inman, Iwuc, Kelley, Kennedy, Knickle, Lally, Lewiss, Long, Lowe, Malik, McNamara, Menard, Millard, Montanaro, Moran, Mumford, Munschy, Murphy, Rabideau, Rose, Russo, San Bento, Savage, Scott, Sherlock, Simonian, Sullivan, Thompson, Vieira, Voccola, Watson, Williamson, Winfield.

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on a roll call vote, 61 members voting in the affirmative and 29 members voting in the negative as follows:

YEAS - 61; The Honorable Speaker Harwood and Representatives Amaral, Anderson, M., Anderson, S., Barr Bramley, Callahan, Cambio, Caprio, Carpenter, Carter', Corvese, Crowley, Dennigan, Faria, Flaherty, Fleury, Garabedian, Garvey, George, Giannini, Ginaitt, Gorham, Heffner, Hogan, Inman, Iwuc, Kennedy, Knickle, Lally, Lanzi, Lewiss, Long, Lowe, Malik, Martineau, McNamara, Menard, Millard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, Palangio, Pisaturo, Rabideau, Rose, Russo, San Bento, Savage, Schadone, Simonian, Smith, Sullivan, Thompson, Vieira, Voccola, Williamson, Winfield.

NAYS - 29: Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Benoit, Benson, Burlingame, Carroll, Cicilline, Coderre, Coelho, Costantino, DeSimone, Fox, Henseler, Hetherington, Kelley, Levesque, C., Levesque, G., Lima, Lopes, Maher, Picard, Reilly, Scott, Shavers, Slater, Wasylyk,Watson.

Representative Lopes requests to hold the act on the desk.

There is no objection.

Representative Kilmartin requests the journal to reflect that if he had voted on the amendment to

(2000-H 7308) (Substitute "A"), he would have voted in the negative.

There is no objection.

Representative Kilmartin requests the journal to reflect that if he had voted on

(2000-H 7308) (Substitute "A"), he would have voted in the affirmative.

There is no objection.

Representative Carter requests the journal to reflect that he intended to vote in the negative on (2000-H 7308) (Substitute "A").

There is no objection.

7.(2000-H 7057 as amended) An Act relating to public drinking water supply.

Joint Committee on Water Resources recommends passage as amended.

Representative S. Anderson moves passage of the act, seconded by Representatives Flaherty, Ajello, Corvese, Moura and Moran.

Representatives Moura, Henseler, Gorham and 5. Anderson discuss the act.

Read and passed, as amended, on a roll call vote, 74 members voting in the affirmative and 8 members voting in the negative as follows:

YEAS - 74; The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Anderson, M., Anderson, S., Barr, Benoit, Benson, Callahan, Cambio, Caprio, Carpenter, Carter, Cicilline, Coelho, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Flaherty, Fleury, Fox, Garabedian, Garvey, Giannini, Ginaitt, Heffner, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kelley, Kennedy, Knickle, Lally, Lanzi, Levesque, G., Lewiss, Lime, Long, Lopes, Lowe, Maher, Malik, Martineau, McNamara, Menard, Moran, Moura, Munschy, Murphy, Palangio, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Shavers, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Wasylyk, Watson, Williamson.

NAYS - 8; Representatives Amaral, George, Gorham, Kilmartin, Millard, Mumford, Picard, Scott.

8.(2000-H 7870) An Act relating to waters and navigation- Big River Reservoir.

Joint Committee on Water Resources recommends passage.

Representative 5. Anderson moves passage of the act, seconded by Representatives Rose, Corvese, Inman, Sullivan, George and M. Anderson.

Representatives Watson, S. Anderson, George, Inman, Rabideau and Burlingame discuss the act.

Read and passed, on a roll call vote, 90 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 90; The Honorable Speaker Harwood and Representatives Abdullah-Odiase, 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, 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, McNamara, Menard, Millard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, Palangio, Picard, Pires, Pisaturo, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shavers, Sherlock, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Wasylyk, Watson, Winfield.

NAYS -0

9.(2000-H 7864) An Act relating to waters and navigation.

Joint Committee on Water Resources recommends passage.

Read and passed, on motion of Representative S. Anderson, seconded by Representatives Rose and Corvese, on a roll call vote, 90 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 90; The Honorable Speaker Harwood and Representatives Abdullah-Odiase, 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, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Ginaitt, Gorham, Heffner, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kelley, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, 6., Lewiss, Lima, Long, Lopes, Lowe, Maher, Malik, Martineau, McNamara, Menard, Millard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, Palangio, Picard, Pires, Pisaturo, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shavers, Sherlock, Simonian, Slater, Smith. Sullivan, Thompson, Vieira, Wasylyk, Watson, Winfield

NAYS -0

10.(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.

Read and passed, on motion of Representative Benoit, seconded by Representative Martineau, on a roll call vote, 84 members voting in the affirmative and 3 members voting in the negative as follows:

YEAS - 84; The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Benoit, Benson, Bramley, Burlingame, Callahan, Cambio, Caprio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Flaherty, Fleury, Fox, Garabedian, Garvey, Giannini, Ginaitt, Heffner, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kelley, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, G., Lewiss, Lime, Long, Lopes, Lowe, Maher, Malik, Martineau, McNamara, Menard, Millard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, Palangio, Picard, Pires, Pisaturo, Rabideau, Reilly, San Bento, Savage, Schadone, Shavers, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Wasylyk, Watson, Winfield.

NAYS - 3: Representatives George, Gorham, Scott.

11.(2000-H 7780 as amended) An Act relating to the uniform commercial code - sales.

Committee on Corporations recommends passage as amended.

Representative Schadone moves to recommit the act, seconded by Representative Martineau.

There is no objection.

The act is recommitted, by unanimous consent, on a voice vote.

Read and referred to the Committee on Corporations.

12. (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.

Representative Garvey moves passage of the act, seconded by Representatives Lima, San Bento, McNamara, Pires and Carroll.

Representatives Lima and Rabideau discuss the act.

Read, and by unanimous consent ordered to be placed on the Calendar for Wednesday, May 24, 2000.

13.(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".

Representative Ginaitt moves passage of the act, seconded by Representatives Benson, Flaherty and Sullivan.

By unanimous consent, Representative Flaherty, seconded by Representatives Ginaitt, Reilly and Carroll, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(2000-H 7535) (Substitute "A")

Mr. Speaker:

I hereby move to amend

(2000-H 7535) (Substitute "A") entitled "AN ACT RELATING TO CRIMINAL OFFENSES IMPERSONATION - IDENTITY FRAUD" as follows:

(1) On page 3 line 6 by deleting the following language after the word "not" "less than one (1) year nor".

(2) On page 3 line 6 by deleting the word "shall" after the word "and" and substituting the word "may" therefor.

(3) On page 3 line 8 by deleting the word "shall" after the language "section 11-49.1-3" and substituting the word "may" therefor.

Respectfully submitted,

ROBERT E. FLAHERTY
Representative, District 34

The motion to amend is read and prevails on a roll call vote, 75 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 75; The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Burlingame, Callahan, Carpenter, Carroll, Cicilline, Coelho, Costantino, Dennigan, DeSimone, Flaherty, Fleury, Garabedian, Garvey, George, Giannini, Ginaitt, Gorham, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lime, Long, Lopes, Lowe, Maher, Malik, Martineau, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Picard, Pisaturo, Quick, Rabideau, Reilly, Rose, San Bento, Schadone, Scott, Shavers, Slater, Smith, Sullivan, Thompson, Vieira, Wasylyk, Watson, Winfield.

NAYS -0.

By unanimous consent, Representative Ginaitt, seconded by Representative Flaherty, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(2000-H 7535) (Substitute "A")

Mr. Speaker:

I hereby move to amend

(2000-H 7535) (Substitute "A") entitled "AN ACT RELATING TO CRIMINAL OFFENSES IMPERSONATION - IDENTIFY FRAUD" as follows:

On page 2, line 15, by inserting the letter "(a)" cc immediately preceding the numeral (1)

On page 3, line 1, by inserting the language "with intent to defraud" immediately following the word use

On page 3, by inserting the following language between lines 4 and 5:

"(b) The provisions of this Section shall not apply to any person who has not reached his or her twenty-first birthday, who misrepresents or misstates his or her age through the presentation of any document in order to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing or having served or delivered to him or her alcoholic beverages or attempting to purchase or have another person purchase for him or her any alcoholic beverage pursuant to Section 3-8-6."

Respectfully submitted,

PETER T. GINAITT
Representative, District 33

The motion to amend is read and prevails on a roll call vote, 87 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 87; The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Anderson, M., Anderson, S., Barr, Benoit, Benson. Bramley, Burlingame, Callahan, Cambio, Caprio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, 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, Lime, Long, Lopes, Lowe, Maher, Malik, Martineau, McNamara, Menard, Montanaro, Moran, Moura, Munschy, Murphy, Palangio, Picard, Pisaturo, Quick, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Shavers, Sherlock, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Wasylyk, Watson, Winfield.

NAYS -0.

Representatives Gorham and Ginaitt 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 2 members voting in the negative as follows:

YEAS - 80; The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello. Almeida. Amaral, Anderson, M., Anderson, S., Benoit. Benson, Bramley, Callahan, Cambio, Carpenter, Carroll carter, Coderre, Coelho, Corvese, Costantino, Crowley, Dennigan, DeSimone, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Ginaitt, Heffner, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kelley, Kilmartin Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McNamara, Menard, Millard. Montanaro, Moran, Moura, Munschy, Murphy, Picard, Pires, Pisaturo, Quick, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shavers, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Wasylyk, Watson.

NAYS - 2; Representatives Gorham, Mumford.

On suggestion of Majority Leader Martineau, and by unanimous consent, the Calendar for today is continued to Wednesday, May 24, 2000, and the bills on the Calendar for Thursday, May 25, 2000 will be placed on tomorrow's Calendar.

HOLD ON THE DESK

Representative Slater requests to hold

(2000-H 7308) (Substitute "A") on the desk.

There is no objection.

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 Majority Leader Martineau announces by unanimous consent there will be no session Thursday, May 25, 2000.

Also:

Representative Flaherty announces that the Committee on Judiciary will meet today at the rise of the House in Room 205 of the State House.

Also:

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

Also:

Representative Faria announces that the Committee on Labor will meet today at the rise of the House in Room 135 of the State House.

Also:

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

ADJOURNMENT

At 5:50 o'clock P.M. on motion of Representative Williamson, and as a further mark of respect to the memory of Mary S. Pacheco; on motion of Representative Lewiss, and as a further mark of respect to the memory of John J. Gagnon; on motion of Representative Palangio, and as a further mark of respect to the memory of Marguerite Ciruolo; on motion of Representatives Benson, Henseler and Carter, and as a further mark of respect to the memory of Louise Lupo; seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix

INVOCATION

REPRESENTATIVE ALFRED J. RUSSO, JR.

Thank you God for Your presence here with us and Your blessings on this Assembly today and every day. Amen.

Appendix

CONSENT CALENDAR

In order for Wednesday, May 31, 2000:

1.(2000-H 8231) An Act relating to the Bradford Fire District.

Committee on Corporations recommends passage.

2.(2000-H 8220) An Act to vacate the forfeiture or revocation of the charter of Aquila Abruzzi e Molisi Citizens Club.

Committee on Corporations recommends passage.

3.(2000-H 8216) An Act relating to taxation

Committee on Corporations recommends passage.

4.(2000-H 8196) An Act in amendment of Chapter 12 of the Public Laws of 1987 of the State of Rhode Island entitled "An Act to incorporate the Ashaway Fire District".

Committee on Corporations recommends passage.

5.(2000-H 8178) An Act exempting from taxation the real, mixed and personal property of Academy Science Center, Inc.

Committee on Corporations recommends passage.

6.(2000-H 8137) An Act relating to Providence Country Day School.

Committee on Corporations recommends passage.

7.(2000-H 8123) An Act relating to towns and cities - optional retirement for police/ firefighters.

Committee on Corporations recommends passage.

8.(2000-H 8122) An Act relating to the city of Providence- residential rehabilitation tax relief.

Committee on Corporations recommends passage.

9.(2000-H 7365) An Act establishing a North Providence Land Trust.

Committee on Corporations recommends passage.

10.(2000-H 7050) (Substitute "A") An Act relating to establishing the Smithfield Land Trust.

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

11. (00-S 2807) An Act relating to taxation -exemption.

Committee on Corporations recommends passage in concurrence.

12. (00-S 2812) An Act providing for improvements to its water system by the Stone Bridge Fire District and authorizing the financing thereof, including the issue of not more than $252,000 in bonds therefor.

Committee on Corporations recommends passage in concurrence.

13. (00-S 2822) An Act authorizing the town of Coventry to finance the acquisition and improvement of land for recreational purposes by the issuance of not more than $2,000,000 bonds and/or notes therefor.

Committee on Corporations recommends passage in concurrence.

14. (00-S 2854) Joint Resolution creating a special legislative commission to study the concept of sustainability as it could be encouraged by state government.

Committee on Corporations recommends passage in concurrence.

15. (00-S 2872) An Act to vacate the forfeiture or revocation of the charter of MDM Landscape Construction, Inc.

Committee on Corporations recommends passage in concurrence.

16. (00-S 2903) An Act relating to participation by employees of the Department of Public Works of the town of Barrington who are members of United Steelworkers of America, AFL-CIO-CLC, Local 14845, Bargaining Unit in the Municipal Employees' Retirement System.

Committee on Corporations recommends passage in concurrence.

LOUIS D'ANTUONO
Reading Clerk
Tuesday, May 23, 2000

Appendix

CALENDAR

In order for Wednesday, May 24, 2000:

1.(2000-H 8005) An Act relating to criminal offenses - weapons.

Committee on Judiciary recommends passage.

2.(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".

3.(00-S 2566) An Act relating to Joint Committee on Naming New Buildings.

Ordered on the Calendar.

4.(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".

5.(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".

6.(2000-H 7522 as amended) An Act relating to financial institutions- licensed activities.

Ordered on the Calendar.

7.(00-S 2866) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage in concurrence.

8.(2000-H 8254) House Resolution extending the reporting date of the special House commission to study the rapid depletion of finfish in Rhode Island coastal waters.

Ordered on the Calendar.

9.(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 cc A'

10. (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.

11.(2000-H 8093) (Substitute "A") An Act relating to air and water quality protection.

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

12. (00-S 2454 as amended) An Act relating to the Valley Gas Company.

Committee on Corporations recommends passage as amended in concurrence.

13. (00-S 2455 as amended) An Act relating to the Bristol and Warren Gas Company.

Committee on Corporations recommends passage as amended in concurrence.

14. (00-S 2936) Joint Resolution proclaiming May as Mental Health Month in Rhode Island.

Committee on Health, Education and Welfare recommends passage in concurrence.

Appendix

CALENDAR

In order for Wednesday, May 31, 2000;

1.(2000-H 7688) Joint Resolution to approve and publish and submit to the electors a proposition of amendment to the Constitution of the State (composition of General Assembly).

Committee on Judiciary recommends passage.

2.(2000-H 7926) An Act relating to domestic relations - custody of children.

Committee on Finance recommends passage.

3.(2000-H 8172) An Act relating to the designation of the state yacht.

Committee on Finance recommends passage.

4.(2000-H 7296) (Substitute "A") An Act relating to indictments, informations and complaints.

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

Appendix

CALENDAR

In order for Wednesday, June 14, 2000:

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

LOUIS D'ANTUONO
Reading Clerk
Tuesday, May 23, 2000

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