HOUSE JOURNALS - Wednesday, June 14, 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. 58 Wednesday, June 14, 2000 Fifty-eighth Day

of January in the year of Our Lord two thousand. The House of Representatives meets at the State House in Providence, Wednesday, June 14, 2000, and is called to order at 4:08 o'clock P.M., by the Honorable John B. Harwood, Speaker.

The roll is called and a quorum is declared present with 81 members present and 19 members absent as follows:

PRESENT 81: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Barr, Benoit, Benson, Caprio, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino., Crowley, Dennigan, Faria, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Ginaitt, Hetherington, Hogan. Inman, Iwuc, Jacquard, Kelley, Kennedy. Knickle, Lally, Lanzi, Levesque, G., Lewiss, long, Lopes, lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Naughton, Palangio, Palumbo, Picard, Pisaturo, Quick, Rabideau, Reilly, Rose, Russo, San Bento, Savage, Schadone, Scott. Sherlock, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Williamson, Winfield.

ABSENT - 19: Representatives Anderson, S., Bramley, Burlingame, Callahan, Cambio, Carpenter, DeSimone, Ferguson, Gorham, Heffner, Henseler, Kilmartin, Levesque, C., Lima, Millard, Murphy, Pires, Shavers, Williams.

INVOCATION

The Honorable Speaker presents Representative Reilly, 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 Tuesday, June 13, 2000, is approved as printed.

ANNOUNCEMENT

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

HOUSE OF REPRESENTATIVES

June 7, 2000

The following representative is hereby appointed to the Joint Committee on Environment and Energy:

Representative Jan P. Malik
VICE

Representative Paul E. Moura

JOHN B. HARWOOD
Speaker

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 2402) An Act relating to distressed areas economic revitalization act.

Read and referred to the Committee on Corporations.

(00-S 2508) (Substitute "A" as amended) An Act relating to criminal offenses.

Read and referred to the Committee on Judiciary.

(00-S 2988) An Act relating to the town of Middletown juvenile hearing board.

Read and referred to the Committee on Judiciary.

(00-S 2994) An Act relating to tank vessel safety act.

Read and referred to the Committee on Judiciary.

REPORTS OF COMMITTEES
COMMITTEE ON HEALTH, EDUCATION AND WELFARE

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

(00-S 2413 as amended) An Act relating to emergency management.

Received and ordered to be placed on the Calendar.

(00-S 2519) (Substitute "A" as amended) An Act relating to licensing of health care facilities.

Received and ordered to be placed on the Calendar.

(00-S 2935 as amended) Joint Resolution creating a special legislative commission to develop a long term plan to ensure an adequate pool of certified nursing assistants.

Received and ordered to be placed on the Calendar.

JOINT COMMITTEE ON
ENVIRONMENT AND ENERGY

Representative Ginaitt, for the Joint Committee on Environment and Energy, reports back the following measures, with recommendation of passage:

(00-S 2395) (Substitute "A") An Act relating to deer hunting.

Received and ordered to be placed on the Calendar.

(2000-H 7615) An Act relating to used oil recycling.

Received and ordered to be placed on the Calendar.

(2000-H 7990) (Substitute "A") An Act relating to public works- night outdoor public lighting.

Received and ordered to be placed on the Calendar.

NEW BUSINESS

Representatives Sherlock, Pires, Costantino, Fox and Naughton introduce (2000-H 8331) An Act relating to health insurance -- premium assessments.

Read and referred to the Committee on Finance.

Representative Voccola introduces (2000-H 8332) An Act relating to public property and works -- eminent domain.

Read and referred to the Committee on Judiciary.

Representatives Menard, Barr, Vieira and Winfield introduce (2000-H 8333) An Act relating to the town of Lincoln -- juvenile hearing board.

Read and referred to the Committee on Judiciary.

Representatives Rose, Sullivan, Savage, Coelho, Lopes and Dennigan introduce (2000-H 8334) An Act relating to city housing authorities.

Read and referred to the Committee on Corporations.

Representatives Long, Callahan and Maher introduce (2000-H 8335) An Act authorizing the town of Middletown, with the approval of the qualified electors, to issue bonds and notes for the construction, improvements, renovation, furnishing and equipping of library facilities.

Read and referred to the Committee on Corporations.

Representative Sherlock introduces (2000-H 8336) An Act authorizing the city of Warwick to issue bonds and notes in an amount not to exceed $2,000,000 for renovation and repair of municipal buildings and neighborhood preservation.

Representative Sherlock requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Sherlock, seconded by Representatives Corvese, Aiken, Mumford and McNamara, on a roll call vote, 52 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 52: The Honorable Speaker Harwood and Representatives Aiken, Almeida, Anderson, M., Bark, Benoit, Caprio, Carroll, Carter, Cicilline, Coderre, Corvese. Faria, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Hogan, Inman, Iwuc, Kelley, Knickle, Lally. Long. Lowe, Malik, McCauley, McNamara, Menard, Moran, Moura, Mumford, Munschy, Palangio, Picard, Rabideau. Reilly, Russo, San Bento, Schadone, Scott, Sherlock, Slater, Sullivan, Thompson, Vieira, Wasylyk, Williamson, Winfield

NAYS -0.

TRANSMITTAL

By unanimous consent, (2000-H 8336) on the Clerk's desk is ordered to be transmitted to the Honorable Senate forthwith.

NEW BUSINESS

Representatives Menard, Barr, Winfield and Vieira introduce (2000-H 8337) An Act authorizing the town of Lincoln to issue general obligation bonds and notes in an amount not to exceed one million dollars for the purpose of acquiring and preserving open space and acquiring, preserving, constructing or improving recreational areas or facilities in the town.

Representative Menard requests unanimous consent to place the act on the Calendar for Thursday, June 15, 2000.

There is no objection.

Read and ordered to be placed on the Calendar.

Representatives Corvese, Schadone and Vieira introduce (2000-H 8338) An Act amending the charter of the town of North Providence.

Representative Corvese requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Corvese, seconded by Representative Schadone, on a roll call vote, 53 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 53: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Almeida, Anderson, M., Anderson, S.. Benoit, Caprio, Carroll, Carter, Cicilline, Corvese, Crowley, DeSimone, Faria, Flaherty, Fleury, Garabedian, Garvey, George, Giannini, Ginaitt, Hogan, Inman, Iwuc, Kelley, Knickle, Lally, Lanzi, Lowe, Malik, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Palangio, Palumbo, Picard, Pisaturo, Rabideau, Reilly, Russo, San Bento, Schadone, Sherlock, Slater, Sullivan, Thompson, Vieira, Williamson.

NAYS -0.

TRANSMITTAL

By unanimous consent, all matters on the Clerk's desk are ordered to be transmitted to the Honorable Senate forthwith.

NOTICES OF BILL/RESOLUTION
INTRODUCTION

Representative Faria gives notice that on l:he next legislative day he will introduce a measure concerning auto body shops.

This notice is given in compliance with House Rule 42.

JOSEPH L. FARIA
Representative, District 72

Received and ordered to be placed on file.

Representative Moran gives notice that on the next legislative day he will introduce a measure concerning proceedings in Family Court.

This notice is given in compliance with House Rule 42.

JOSEPH MORAN
Representative, District 73

Received and ordered to be placed on file.

APPOINTMENTS

The Honorable Speaker appoints Representatives Moura, Long Aiken, Palangio, Winfield and Lally to escort His Honor, the Lieutenant Governor, and the Honorable Senate to join the House of Representatives in Joint Session for the purpose of welcoming the New England Patriots, Bill Belichick, Head Coach, and Bob Kraft, President and CEO.

ADJOURNMENT

At 4:30 o'clock P.M. on motion of Representative Menard, seconded by Representative Long, the House adjourns, on a voice vote.

LINDA McELROY
Recording Clerk

Appendix

INVOCATION

REPRESENTATIVE DONALD O. REILLY. JR.

Almighty God, today on Flag Day we thank you for those who have made our flag a symbol of hope and freedom for all people. Keep us mindful that it stands, not for power or might, but for an ideal. May we be true to that ideal.Amen.

Appendix

CONSENT CALENDAR

In order for Thursday, June 15, 2000:

1.(2000-H 8248) An Act in amendment of Sections 4, 7 and 10 of An Act passed at the January Session 1930, entitled "An Act to incorporate the Saylesville Fire District in the town of Lincoln," as amended.

Committee on Corporations recommends passage.

2.(2000-H 8202) An Act relating to taxation - levy and assessment of local taxes.

Committee on Corporations recommends passage.

3.(2000-H 8181) An Act relating to property subject to taxation -- tax exemptions.

Committee on Corporations recommends passage.

4.(2000-H 8080) An Act establishing a Warwick Land Trust.

Committee on Corporations recommends passage.

LOUIS D'ANTUONO
Reading Clerk
Wednesday, June 14, 2000

Appendix

CALENDAR In order for Thursday, June 15, 2000:

1.(2000-H 7653) (Substitute "A') 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.

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

2.(2000-H 8281) An Act relating to the town of Jamestown.

Committee on Corporations recommends passage.

3.(2000-H 8326) An Act authorizing the town of Bristol to issue general obligation bonds and notes in anticipation thereof in an amount not to exceed $2,000,000 for the purpose of financing the construction of additions, renovations and repairs to certain improved property in Bristol, Rhode Island known as Rogers Free Library, including the furnishing and equipping thereof, and the provision of architectural, engineering, surveying and other services necessary or appropriate therefor.

Ordered on the Calendar.

4.(2000-H 8328) An Act authorizing the transfer of property located in the city of Providence to the Providence Redevelopment Agency.

Ordered on the Calendar.

5.(2000-H 8330) An Act relating to highways - highways by grant or use.

Ordered on the Calendar.

6.(2000-H 6872) (Substitute "A") An Act relating to cities and towns - zoning ordinances.

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

7. (00-S 8337) An Act authorizing the town of Lincoln to issue general obligation bonds and notes in an amount not to exceed one million dollars for the purpose of acquiring and preserving open space and acquiring, preserving, constructing or improving recreational areas or facilities in the town.

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

8.(00-S 2265) An Act relating to civil rights.

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

9.(00-S 2330) An Act relating to health and safety - Health Care Quality Steering Committee.

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

10. (00-S 2538) An Act relating to health and safety.

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

11. (00-S 2389) An Act relating to education - children with disabilities.

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

12. (00-S 2198) (Substitute "A" as amended) 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" as amended in concurrence.

13. (00-S 2139) (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.

Appendix

CALENDAR

In order for Friday, June 16, 2000:

1.(2000-H 8014) (Substitute "A") House Resolution respectfully directing the Department of Elderly Affairs to implement a volunteer guardianship program.

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

2.(2000-H 6877) House Resolution respectfully requesting the Governor to contract with RISD to recondition State House portraits.

Committee on Finance recommends passage.

3.(2000-H 8173) (Substitute "A") An Act relating to education- private schools.

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

4.(2000-H 6739) (Substitute "A") An Act relating to insurance.

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

(2000-H 6977) (Substitute "A") An Act relating to the Department of Children, Youth and Families.

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

6.(2000-H 7401) (Substitute "A") An Act relating to state agencies and public corporation financial integrity and accountability.

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

7.(2000-H 7074) (Substitute "A") An Act relating to property tax relief - historical residences.

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

8.(2000-H 7910) An Act relating to public officers and employees- merit system.

Committee on Finance recommends passage.

9.(2000-H 7207) (Substitute "A") An Act relating to taxation- boarding of horses.

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

10.(2000-H 7485) An Act relating to public employees.

Committee on Finance recommends passage.

11.(2000-H 7623) An Act relating to pharmaceutical assistance to the elderly act.

Committee on Finance recommends passage.

12.(2000-H 8051) An Act relating to sales tax.

Committee on Finance recommends passage.

13.(2000-H 8183) An Act relating to animals.

Committee on Finance recommends passage.

14.(2000-H 7045) An Act relating to taxation - business corporation tax.

Committee on Finance recommends passage.

15.(2000-H 7091) (Substitute "A") An Act relating to motor vehicles - certificates of titles and security interests.

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

16.(2000-H 7493) (Substitute "A") An Act relating to state funds.

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

17.(2000-H 7497) (Substitute "A") An Act relating to public assistance.

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

18.(2000-H 8078) An Act relating to public officers and employees.

Committee on Finance recommends passage.

19.(2000-H 7223) (Substitute "A") An Act relating to distressed areas - economic revitalization act.

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

20.(2000-H 7336) (Substitute "A") An Act relating to public access - defibrillation.

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

21.(2000-H 7270) An Act relating to bank taxes.

Committee on Finance recommends passage.

22.(2000-H 7446) (Substitute "A"- An Act relating to hearing aid dealers and fitters.

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

23.(2000-H 7246) (Substitute "A") An Act relating to education- teachers' retirement.

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

24.(2000-H 7696) (Substitute "A"'- An Act relating to rates of payment to nursing facilities.

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

25.(2000-H 7231) (Substitute "A") An Act relating to the Corrections Department.

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

26.(2000-H 6711) (Substitute "A" An Act relating to education- health and safety of pupils.

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

27.(2000-H 7627) (Substitute "A") An Act relating to taxation- investment tax credit.

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

28.(2000-H 7164) (Substitute "A" as amended) An Act relating to motor and other vehicles.

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

29.(2000-H 8049) An Act relating to tree wardens.

Committee on Corporations recommends passage.

30.(2000-H 7704 as amended) An Act relating to 'businesses and professions - plumbers.

Committee on Labor recommends passage as amended.

31.(2000-H 8205) (Substitute "A") An Act relating to labor and labor relations - arbitration of labor controversies.

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

32. (00-S 2293 as amended) An Act relating to state funds.

Committee on Finance recommends passage as amended in concurrence.

33. (00-S 2376 as amended) An Act relating to public officers and employees - retirement system - contributions and benefits.

Committee on Finance recommends passage as amended in concurrence.

34. (00-S 2590 as amended) An Act relating to teachers' retirement.

Committee on Finance recommends passage as amended in concurrence.

35. (00-S 2029) (Substitute "A". An Act relating to sales and use taxes - enforcement and collection.

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

36. (00-S 2721) (Substitute "A") An Act relating to the domestic violence prevention act.

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

37. (00-S 2656) An Act relating to motor and other vehicles- special stops required.

Committee on Judiciary recommends passage in concurrence.

38. (00-S 2643) (Substitute "B") An Act relating to criminal offenses - sexual offender registration and community notification.

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

39. (00-S 2740) (Substitute "B") An Act relating to courts and civil procedure - courts Family Court.

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

40. (00-S 2769) An Act relating to motor and other vehicles adjudication of traffic offenses.

Committee on Judiciary recommends passage in concurrence.

41. (00-S 2150) An Act relating to title to real estate trusts.

Committee on Judiciary recommends passage in concurrence.

42. (00-S 2664) (Substitute "B") An Act relating to criminal offenses - weapons.

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

43. (00-S 2414) (Substitute "A" as amended) 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" as amended.

44. (00-S 2602) (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 in concurrence.

45. (00-S 2778) (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" in concurrence.

46. (00-S 2974) An Act establishing the Burrillville Land Trust.

Committee on Corporations recommends passage in concurrence.

47. (00-S 2968) An Act in amendment of Sections 4, 7 and 10 of an act passed at the January session 1930, entitled "An Act to Is' incorporate the Saylesville Fire District in the town of Lincoln.

Committee on Corporations recommends passage in concurrence.

48.(00-S 2940 as amended) An Act relating to taxation- Gateways to Change, Inc.

Committee on Corporations recommends passage as amended in concurrence.

49.(00-S 2251) An Act relating to the city of Cranston taxation - exemption for elderly.

Committee on Corporations recommends passage in concurrence.

50.(00-S 2910 as amended) An Act relating to taxation- tri-town economic opportunity committee.

Committee on Corporations recommends passage as amended in concurrence.

51.(00-S 2577) An Act relating to hoisting engineers.

Committee on Labor recommends passage in concurrence.

Appendix

CALENDAR

In order for Wednesday, June 21, 2000:

1.(2000-H 7615) An Act relating to used oil recycling.

Joint Committee on Environment and Energy recommends passage.

2.(2000-H 7990) (Substitute "A") An Act relating to public works - night outdoor public lighting.

Joint Committee on Environment and Energy recommends indefinite postponement of the original bill and passage of Substitute "A".

3.(00-S 2395) (Substitute "A") An Act relating to deer hunting.

Joint Committee on Environment and Energy recommends indefinite postponement of the original bill and passage of Substitute "A".

4.(00-S 2413 as amended) An Act relating to emergency management.

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

5.(00-S 2519) (Substitute "A" as amended) An Act relating to licensing of health care facilities.

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

6. (00-S 2935 as amended) Joint Resolution creating a special legislative commission to develop a long term plan to ensure an adequate pool of certified nursing assistants.

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

LOUIS D'ANTUONO
Reading Clerk
Wednesday, June 14, 2000

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