HOUSE JOURNALS - Wednesday, May 23,2001

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 second day of January in the year of Our Lord two thousand and one.

Volume 128, No. 49 Wednesday, May 23,2001 Forty-ninth Day

The House of Representatives meets at the State House in Providence, Wednesday, May 23, 2001, and is called to order at 4:11 o'clock P.M., by the Honorable John B. Harwood, Speaker.

The roll is called and a quorum is declared present with 95 members present and 5 members absent as follows:

PRESENT - 96: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, Callahan, Cambio, Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Dennigan, DeSimone, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Long, Lowe, Maher, Malik, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Quick, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Winfield.

ABSENT - 6: Representatives Burlingame, Crowley, Lima, Martineau, Williamson.

INVOCATION

The Honorable Speaker presents Representative Sherlock, 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, May 22, 2001, is approved as printed.

COMMUNICATION FROM THE SENATE

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

(01-S 871) An Act relating to lead hazard control and mitigation.

Read and referred to the Committee on Corporations.

REPORTS OF COMMITTEE

COMMITTEE ON CORPORATIONS

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

(01-S 119) (Substitute "A" as amended) An Act relating to waters and navigation - regulation of boats.

Received and ordered to be placed on the Calendar.

(01-H 6166) (Substitute "A" as amended) An Act relating to waters and navigation - regulation of boats.

Received and ordered to be placed on the Calendar.

(01-H 6432) An Act relating to the Hopkinton Land Trust.

Received and ordered to be placed on the Calendar.

NEW BUSINESS

Representatives Moura and Menard introduce (01-H 6447) An Act relating to labor and payment of debts by contractors.

Read and referred to the Committee on Finance.

Representatives Hetherington, Ajello, Moran, Coderre, Barr and Knickle introduce (01-H 6448) An Act relating to education- adult literacy.

Read and referred to the Committee on Finance.

Representative Costantino introduces (01-H 6449) An Act relating to food and drugs - uniform controlled substances act.

Read and referred to the Committee on Finance.

Representatives Lewiss, Thompson and Kennedy introduce (01-H 6450) An Act exempting from taxation the real, mixed and personal property of the Granite Theatre Corporation.

Read and referred to the Committee on Corporations.

Representatives George and Watson introduce (01-H 6451) House Resolution congratulating Duncan Palfrey Fields on achieving the rank of Eagle Scout.

Representative George requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Menard, Barr, Vieira and Winfield introduce (01-H 6452) House Resolution congratulating Adelina Fontes on being named Salutatorian of the Class of 2001 at Lincoln High School.

Representative Menard requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Barr, Menard, Vieira and Winfield introduce (01-H 6453) House Resolution congratulating Kendra Simpson on being named Valedictorian of the Class of 2001 of Lincoln High School.

Representative Barr requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives McNamara and Hetherington introduce (01-H 6454) House Resolution commemorating the 126th Annual Commissioning Day of the Rhode Island Yacht Club.

Representative McNamara requests unanimous consent for immediate consideration.

Representative Watson objects.

Read and referred to the Committee on Corporations.

Representative W.H. Murphy introduces (01-H 6455) House Resolution creating a special House commission to study the feasibility of implementing zero based budgeting for the State of Rhode Island.

Representative W.H. Murphy requests unanimous consent for immediate consideration.

There is no objection.

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

Representative Amaral introduces (01-H 6456) House Resolution honoring Raymond Louis Morin for dedicated and unselfish service to his community.

Representative Amaral requests unanimous consent for immediate consideration.

There is no objection.

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

NOTICE OF BILL/RESOLUTION

INTRODUCTION

Representative Barr gives notice that on the next legislative day, he will introduce a measure concerning naming state roads.

This notice is given in compliance with House Rule 42.

JOHN DOUGLAS BARR, II
Representative, District 59

Received and ordered to be placed on file.

CALENDAR

From the Calendar are taken:

1. (01-H 5450) (Substitute "A") Joint Resolution creating a special legislative commission to study the feasibility of implementing zero based budgeting for the State of Rhode Island.

Committee on Finance 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 Fleury, seconded by Representatives Mumford, Callahan, Story, Savage, Trillo, Fox, George and McNamara, and by unanimous consent, on a voice vote.

2. (01-H5598) An Act relating to the courts - traffic tribunal.

Committee on Judiciary recommends passage.

Read, and by unanimous consent, ordered to be placed on the Calendar for Thursday, May 31, 2001.

3. (01-H5760) An Act relating to the administrative procedures act.

Committee on Corporations recommends passage.

Read, and by unanimous consent, ordered to be placed on the bottom of the Calendar as item number 9B.

4. (01-H5885) (Substitute "A") An Act relating to licensing of nursing home facilities.

Committee on Health, Education and Welfare 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 30,2001.

5. (01-H5603) An Act relating to state affairs and government - Department of Attorney General.

Committee on Judiciary recommends passage.

Read, and by unanimous consent, ordered to be placed on the Calendar for Thursday, May 31, 2001.

6. (01-H5159) An Act relating to school budgets.

Committee on Health, Education and Welfare recommends passage.

Read, and by unanimous consent, ordered to be placed on the bottom of the Calendar as item number 9A.

7. (01-H5463) (Substitute "A") An Act relating to businesses and professions - unsolicited -telephone sales calls.

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

Representative George moves passage of the act, seconded by Representatives Henseler and Knickle.

Read, and by unanimous consent, ordered to be placed on the Calendar for Tuesday, May 29, 2001.

8. (01-H5827) An Act relating to civil procedure - governmental tort liability.

Committee on Finance recommends passage.

Read, and by unanimous consent, ordered to be placed on the Calendar for Thursday, May 31, 2001.

9. (01-H 5902) (Substitute "A" as amended) An Act relating to health and safety - licensing of health care facilities.

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

Representative Costantino moves passage of the act, seconded by Representatives Dennigan, Cicilline, Abdullah-Odiase, Ajello, Rose, Fox, Hetherington, Slater, Aiken, Cerra, Tejada, Faria, Winfield, Moran and Williams.

Representatives Trillo and Ajello discuss the act.

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 6 members voting in the negative as follows:

YEAS - 69; Representatives Aiken, Ajello, Almeida, Anderson, M., Anderson, 5., Anguilla, Barr, Benson, Bierman, Cambio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Dennigan, Faria, Flaherty, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Guthrie, Henseler, Hetherington, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lanzi, Levesque, Lewiss, Long, Maher, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Munschy, Murphy, W.H., Murphy, W.J., Palangio, Picard, Pires, Pisaturo, Rabideau, Rose, San Bento, Savage, Schadone, Shavers, Simonian, Sister, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Williams.

NAYS - 6; Representatives Caprio, Fleury, Lally, Mumford, Reilly, Watson.

Representative Abdullah-Odiase requests the journal to reflect that is she had voted on the act, she would have voted in the affirmative.

There is no objection.

9A. (01-H 5159) An Act relating to school budgets.

Committee on Health, Education and Welfare recommends passage.

Representative Cambio moves passage of the act, seconded by Representatives Corvese, Levesque, Carroll and Maher.

Representatives Rabideau, Lewiss, Levesque, Lally, Caprio, Benson, Gorham, Mumford, McNamara, Amaral, M. Anderson, George, Cicilline, Thompson, Savage and Sullivan discuss the act.

Representatives from the Pawtucket Delegation request that a letter received from His Honor, Mayor, James E. Doyle, opposing this legislation, be entered into the record.

There is no objection.

(For Letter, see Appendix, this Journal.)

The act fails of passage, on a roll call vote, 8 members voting in the affirmative and 79 members voting in the negative as follows:

YEAS - 8: Representatives Ajello, Anderson, 5., Cambio, Levesque, Maher, Sherlock, Thompson, Wasylyk.

NAYS - 79: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Almeida, Amaral, Anderson, M., Anguilla, Barr, Benson, Bierman, Brien, Callahan, Caprio, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Costantino, Dennigan, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, LaIty, Lanzi, Long, Malik, McCauley, McNamara, Menard, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Simonian, Sister, Story, Sullivan, Tejada, Trillo, Vieira, Voccola, Watson, Williams, Winfield.

9B. (01-H 5760) An Act relating to the administrative procedures act.

Committee on Corporations recommends passage.

Representative Kilmartin moves passage of the act, seconded by Representatives Henseler, Benson, Cicilline, Reilly, Palangio, Moura and Hogan.

By unanimous consent, Representative Levesque, seconded by Representative Kilmartin, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(01-H 5760)

Mr. Speaker:

I hereby move to amend (01-H 5760) entitled "AN ACT RELATING TO THE ADMINISTRATIVE PROCEDURES ACT" as follows:

(1) On page 2, lines 27 and 28, by deleting the words and numbers, "sections 42-35-4.1(i) and 42-35-4.2" and substitute the word and numbers "section 42-35-4.1" in place thereof.

(2) On page 4, line 14, by adding the following language: "Nothing in this section shall be construed to explicitly or implicitly permit the hiring of any additional personnel to perform the duties and responsibilities of the rules coordinator designated herein."

(3) On page 4, line 31, by deleting the word "date", and substituting in place thereof the word "data".

(4) On page 6, line 11, by deleting the word "late", and substituting in place thereof the word "later".

(5) On page 6, by deleting lines 20-23, inclusive.

(6) On page 6, line 24, by deleting the letter "(d)", and substituting in place thereof the letter (c)

(7) On page 7, by deleting lines 1 through 4, and substituting in place thereof the following language: "(d) The rules and regulations listed for non-refiling under subsection (c) shall be repealed pursuant to this section only in accordance with the provisions of section 42-35-3(c)(2) through (c)(5)."

(8) On page 7, line 5, by deleting the letter "(f)", and substituting in place thereof the letter "(e)".

(9) On page 7,line 7, by deleting the letter "(g)", and substituting in place thereof the letter

(10) On page 7, line 10, by deleting the letter "(h)", and substituting in place thereof the letter "(g)".

(11) On page 7, by deleting lines 12-13.

(12) On page 7, line 14, by deleting the number and substituting in place thereof the number

(1)

(13) On page 7, line 16, by deleting the number "(3)", and substituting in place thereof the number

(2)

(14) On page 7, line 18, by deleting the number "(4)", and substituting in place thereof the number "(3)".

(15) On page 7, line 22, by deleting the words "If any agency fails to file".

(16) On page 7, by deleting the language on lines 23-26, inclusive.

Respectfully submitted,

CHARLES J. LEVESQUE
Representative, District 93

The motion to amend is read and prevails on a roll call vote, 86 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 86: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Amaral, Anderson,M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, Callahan, Cambio, Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Gorham, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Laity, Lanzi, Levesque, Long, Maher, Malik, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Simonian, SIster, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Wasylyk, Watson, Williams, Winfield.

NAYS -0.

Read and passed, as amended, on a roll call vote, 83 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 83; The Honorable Speaker Harwood and Representatives Aiken, Ajello, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, Callahan, Cambio, Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Dennigan, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Gorham, Guthrie, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Maher, Malik, McNamara, Menard, Montanaro, Moran, Moura, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Sherlock, Simonian, SIster, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Wasylyk, Watson, Williams, Winfield.

NAYS -0.

Representative Mumford requests the journal to reflect that if she had voted on the act, she would have voted in the affirmative.

There is no objection.

ANNOUNCEMENTS By agreement of the Majority and the Minority, Representative Henseler announces that there will be no session tomorrow, May 24, 2001, so the members may enjoy a long Memorial Day weekend.

Also:

On suggestion of Representative Henseler, and by unanimous consent, the Calendar for Thursday, May 24, 2001, is continued to Tuesday, May 29,2001.

Also:

Representative Cambio announces that the Committee on Health, Education and Welfare will meet today at the rise of the House in Room 135 of the State House.

Also:

Representative Faria announces that the Committee on Labor will meet today at the rise of the House in Room 201 of the State House.

Also:

Representative Moran announces that the Committee on Special Legislation will meet today at the rise of the House in the House Lounge of the State House.

Also:

Representative Pires announces that the Committee on Finance will meet today at the rise of the House, and tomorrow at 1:30 o'clock P.M. in Room 35 of the State House.

Also:

Representative Kennedy announces that the Committee on Corporations will meet today at the rise of the House in Room 313 of the State House.

Also:

Representative Giannini, along with the entire House of Representatives, wishes Representative Slater a very Happy Birthday.

TRANSMITTAL

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

ADJOURNMENT

At 5:03 o'clock P.M. on motion of Representative S. Anderson, and as a further mark of respect to the memory of all the men and women who have served in the United States Armed Forces, seconded by Representatives Giannini and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix

INVOCATION

REPRESENTATIVE PAUL V. SHERLOCK

Heavenly Father, look with favor on our deliberation and assist us by your grace to do what is just and wise.Amen.

Appendix

At the request of the members of the Pawtucket Delegation, the following letter received from His Honor, Mayor James E. Doyle, is entered into the record:

I am writing to express my opposition to 01-H 5159, "AN ACT RELATING TO SCHOOL BUDGETS," which would amend the appeals process for school budget disputes by providing that the school committee appeal to the commissioner of education, rather than directly to the superior court.

Everyone wants to provide the very best education we can for the students of our cities and towns. But city and town officials have an obligation to weigh the desire to provide more city money for education against the ability of our taxpayers to pay for it. This is the usual cause of budgetary disputes with school committees that have no responsibility for raising any of the money they request.

When such disputes occur, it was decided a few years back that an unbiased entity, the Superior Court, who could look at both sides of the issue fairly, should arbitrate the disputes. We strongly believe that this was the proper way to handle these matters. The Commissioner of Education is an advocate for education in the State of Rhode Island, and therefore would and should have a bias in favor of the school committees.

We recognize and greatly appreciate that under the leadership of the House Finance Committee and the General Assembly, education funding has been a priority, especially in urban areas, which has resulted in no school budget disputes. But we also know in the future that could change. Therefore, for the reasons stated above, we urge you to vote against 01-H 5169, "AN ACT RELATING TO SCHOOL BUDGETS."

Sincerely,

JAMES E. DOYLE
Mayor

Appendix

CALENDAR

In order for Tuesday, May 29, 2001:

1. (01-H 5880) (Substitute "A") An Act relating to criminal offenses - disorderly conduct.

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

2. (01-H5561) An Act relating to public officers and employees- retirement system - teachers.

Committee on Finance recommends passage.

3. (01-H6223 as amended) An Act relating to businesses and professions.

Committee on Labor recommends passage as amended.

4. (01-S 90) (Substitute A as amended) Joint Resolution creating a special legislative task force to develop a comprehensive strategy to deal with the threat of school violence.

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

5. (01-S 843) Joint Resolution requesting the Director of the Department of Human Services to conduct a feasibility study of adding smoking cessation therapy as a medicaid benefit.

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

6. (01-H 5463) (Substitute cc An Act relating to businesses and professions - unsolicited -telephone sales calls.

Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute cc

7. (99-S583) (Substitute "A") An Act relating to public utilities and carriers - CATV.

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

8. (99-S497) An Act relating to motor vehicles - regulation of business practices among motor vehicle dealers.

Committee on Corporations recommends passage in concurrence.

9. (99-S139) An Act relating to corporations, associations and partnerships.

Committee on Corporations recommends passage in concurrence.

10. (99-S487 as amended) An Act relating to fire safety- inspection fees.

Committee on Corporations recommends passage as amended in concurrence.

11. (01-H6412) House Resolution approving the issuance of refunding bonds by the Rhode Island Water Resources Board, Corporate.

Committee on Finance recommends passage.

Appendix

CALENDAR

In order for Wednesday, May 30, 2001:

1. (01-H 5885) (Substitute cc An Act relating to licensing of nursing home facilities.

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

Appendix

CALENDAR

In order for Thursday, May 31, 2001:

1. (01-H5598) An Act relating to the courts - traffic tribunal.

Committee on Judiciary recommends passage.

2. (01-H5603) An Act relating to state affairs and government- Department of Attorney General.

Committee on Judiciary recommends passage.

3. (01-H5827) An Act relating to civil procedure - governmental tort liability.

Committee on Finance recommends passage.

4. (01-H6166) (Substitute "A" as amended) An Act relating to waters and navigation -regulation of boats.

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

5. (99-S119) (Substitute "A" as amended) An Act relating to waters and navigation -regulation of boats.

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

6. (01-H6432) An Act relating to the Hopkinton Land Trust.

Committee on Corporations recommends passage.

LOUIS D'ANTUONO
Clerk of the House

Wednesday, May 23, 2001

As always, your comments concerning this page are welcomed and appreciated.

Thank you for stopping by!