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 first day of January in the year of Our Lord two thousand and two.
Volume 129, No.38
Wednesday, April 10, 2002
Thirty-eighth Day
The House of Representatives meets at the State House in Providence, Wednesday, April 10, 2002, 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 94 members present and 6 members absent as follows:
Representative Giannini introduces Bishop Robert J. McManus, Auxiliary Bishop in the Diocese of Providence.
At 4:09 o'clock P.M. the Honorable Speaker yields the rostrum to Bishop Robert J. McManus.
By unanimous consent, Bishop McManus addresses the members of the House regarding Catholic School Day.
At 4:11 o'clock P.M. the Honorable Speaker returns to the rostrum.
The Honorable Speaker thanks Bishop McManus and Father Bernard A. Healey, Pastor of St. Augustine's Church for coming to the House of Representatives.
Representatives Ginaitt and Barr welcome the Catholic Schools to the House Chambers.
INVOCATION
The Honorable Speaker presents Representative W.H. Murphy, 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, April 9, 2002, is approved as printed.
ANNOUNCEMENTS
Representative Lally will be out of state on business and unable to attend session today.
Also:
Representative Abdullah-Odiase will be unable to attend session today due to medical reasons.
Also:
Representative McNamara congratulates Representative Sherlock on being honored at Rhode Island College. The University Affiliated Program of Rhode Island will become on April 12, 2002, the Paul V. Sherlock Center on Disabilities at Rhode Island College.
REPORTS OF COMMITTEES
TRANSFER OF BILLS
Representative Kennedy, for the Committee on Corporations, reports back the following measures, with recommendation of transfer to the Committee on Finance:
(02-H 7408) An Act relating to public utilities and carriers - taxicabs and limited public motor vehicles.
Received and referred to the Committee on Finance.
(02-H 7340) An Act relating to insurance - small employer health.
Received and referred to the Committee on Finance.
(02-H 7322) An Act relating to health and safety - health care services utilization review.
Received and referred to the Committee on Finance.
(02-H 7232) An Act relating to commercial law - general regulatory provisions - deceptive trade practices.
Received and referred to the Committee on Finance.
(02-H 7280) An Act relating to public utilities and carriers.
Received and referred to the Committee on Finance.
(02-H 7317) An Act relating to insurance - tobacco cessation programs.
Received and referred to the Committee on Finance.
(02-H 6632) An Act relating to state affairs and government - energy facility siting act.
Received and referred to the Committee on Finance.
(02-H 6720) An Act relating to the Rhode Island Resource Recovery Corporation.
Received and referred to the Committee on Finance.
(02-H 7013) An Act relating to commercial law - credit card solicitation.
Received and referred to the Committee on Finance.
(02-H 7166) An Act relating to insurance - nonprofit medical and hospital service corporations.
Received and referred to the Committee on Finance.
Representative Fox, for the Committee on Finance, reports back the following measure, with recommendation of transfer to the Committee on Health, Education and Welfare:
(02-H 6925) An Act relating to licensing and monitoring of child car providers.
Received and referred to the Committee on Health, Education and Welfare.
Representative Fox, for the Committee on Finance, reports back the following measures, with recommendation of transfer to the Committee on Judiciary:
(02-H 6866) An Act relating to weapons.
Received and referred to the Committee on Judiciary.
(02-H 7113) Joint Resolution to approve and publish and submit to the electors a proposition of amendment to the Constitution of the State (separation of powers).
Received and referred to the Committee on Judiciary.
(02-H 7508) An Act relating to state purchasing.
Received and referred to the Committee on Judiciary.
COMMITTEE ON CORPORATIONS
Representative Kennedy, for the Committee on Corporations, reports back the following measures, with recommendation of passage:
(02-H 6633) (Substitute "A") An Act relating to unfair sales practices - merchandise credit slips.
Received and ordered to be placed on the Calendar.
(02-H 6782) (Substitute "A") An Act relating to miscellaneous rules - child restraint systems - mandatory insurance coverage.
Received and ordered to be placed on the Calendar.
(02-H 6783) (Substitute "A") An Act relating to businesses and professions.
Received and ordered to be placed on the Calendar.
(02-H 6787) An Act relating to insurance.
Received and ordered to be placed on the Calendar.
(02-H 7002) (Substitute "A") An Act relating to businesses and professions - unsolicited telephone sales calls.
Received and ordered to be placed on the Calendar.
(02-H 7107) (Substitute "A") An Act relating to motor vehicle theft and motor vehicle insurance fraud reporting - immunity act.
Received and ordered to be placed on the Calendar.
(02-H 7264) (Substitute "A") An Act relating to insurance - small group health insurance continuous coverage.
Received and ordered to be placed on the Calendar.
(02-H 7265) (Substitute "A") An Act relating to responsibility of owners of rental vehicles.
Received and ordered to be placed on the Calendar.
(02-H 7270) (Substitute "A") An Act relating to administrative procedures.
Received and ordered to be placed on the Calendar.
(02-H 7281) (Substitute "A") An Act to amend the management and control of the Community College of Rhode Island Foundation.
Received and ordered to be placed on the Calendar.
(02-H 7327) (Substitute "A") An Act relating to towns and cities.
Received and ordered to be placed on the Calendar.
(02-H 7338) An Act relating to taxation - tax incentives for capital investment in small businesses.
Received and ordered to be placed on the Calendar.
(02-H 7414) (Substitute "A") An Act relating to military affairs - continuation of employment.
Received and ordered to be placed on the Calendar.
(02-H 7364) (Substitute "A") An Act relating to towns and cities - municipal accounting systems.
Received and ordered to be placed on the Calendar.
COMMITTEE ON HEALTH, EDUCATION AND WELFARE
Representative Ginaitt, for the Committee on Health, Education and Welfare, reports back the following measure, with recommendation of passage:
(02-H 7297) (Substitute "A") An Act relating to health and safety - air pollution.
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 no passage:
(02-H 7050) Joint Resolution to approve and publish and submit to the electors a proposition of amendment to the Constitution of the State (separation of powers).
By agreement, received and ordered to be placed on today's Calendar as item number 9A.
NEW BUSINESS
Representatives Slater, Cicilline, Williams, Almeida and Costantino introduce (02-H 8024) An Act relating to criminal procedure - indictments, informations and complaints.
Read and referred to the Committee on Judiciary.
Representatives M. Anderson, Kilmartin, San Bento, Vieira and Dennigan introduce (02-H 8025) An Act relating to the city of Pawtucket - abandoned motor vehicles.
Read and referred to the Committee on Corporations.
Representatives Menard and Winfield introduce (02-H 8026) An Act relating to agriculture and forestry - agricultural functions of Department of Environmental Management.
Read and referred to the Committee on Corporations.
Representatives Gallison, Caprio and Coelho introduce (02-H 8027) An Act relating to commercial law - general regulatory provisions - deceptive trade practices.
Read and referred to the Committee on Corporations.
Representatives Gallison, Jacquard, Caprio and Coelho introduce (02-H 8028) An Act relating to education - establishment of charter schools.
Read and referred to the Committee on Finance.
Representatives McCauley, Almeida, Moura, Fox and Martineau introduce (02-H 8029) An Act relating to property.
Read and referred to the Committee on Finance.
Representatives Giannini, Corvese, Shavers, Gallison, W.J. Murphy and several other members of the House introduce (02-H 8030) House Resolution proclaiming April 10, 2002 as "Appreciation for Catholic Schools Day" in the State of Rhode Island.
Representative Giannini requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Giannini, seconded by the entire House of Representatives, and by unanimous consent, on a voice vote.
Representatives Martineau and Callahan introduce (02-H 8031) House Resolution extending congratulations.
Representative Martineau requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representatives Martineau and Watson, seconded by the entire House of Representatives, and by unanimous consent, on a voice vote.
Representatives Martineau and Watson introduce (02-H 8032) 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.
NOTICES OF BILL/RESOLUTION
INTRODUCTION
Representative Barr gives notice that on the next legislative day, he will introduce a measure concerning restoration of corporate charter for TJM Computers.
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.
Representative Hogan gives notice that on the next legislative day, he will introduce a measure concerning optometrists.
This notice is given in compliance with House Rule 42.
GARY M. HOGAN
Representative, District 57
Received and ordered to be placed on file.
Representative Lanzi gives notice that on the next legislative day, she will introduce a measure concerning distressed communities relief fund.
This notice is given in compliance with House Rule 42.
BEATRICE A. LANZI
Representative, District 22
Received and ordered to be placed on file.
Representative McCauley gives notice that on the next legislative day, he will introduce a measure concerning labor and labor relations.
This notice is given in compliance with House Rule 42.
JOHN J. McCAULEY, JR.
Representative, District 1
Received and ordered to be placed on file.
Representative Sherlock gives notice that on the next legislative day, he will introduce a measure relating to taxation - situs and ownership of taxable property.
This notice is given in compliance with House Rule 42.
PAUL V. SHERLOCK
Representative, District 30
Received and ordered to be placed on file.
FROM THE DESK
From the Desk is taken:
(02-H 7187) House Resolution requesting the Department of Environmental Management to resolve issues arising from large commercial fishing vessels anchored in Narragansett Bay.
Representative Long requests to have the resolution transmitted.
Representative W.H Murphy requests to continue to hold it on the Desk in order to discuss the bill with the Chairman.
There is no objection.
CALENDAR
From the Calendar are taken:
1. (02-H7106) (Substitute "A") An Act relating to taxation - property subject to taxation.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
Representative Lewiss moves passage of the act, seconded by Representatives Benson, Reilly, Bierman, Kilmartin, Coelho, Henseler and Cerra.
By unanimous consent, Representative Henseler, seconded by Representatives Levesque, Benson, Coelho, Reilly and Lewiss, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(02-H 7106) (Substitute "A")
Mr. Speaker:
I hereby move to amend (02-H 7106) (Substitute "A") entitled "AN ACT RELATING TO TAXATION - PROPERTY SUBJECT TO TAXATION" as follows:
By deleting all of the language after the enactment clause and inserting in place thereof the following:
"SECTION 1. Chapter 44-3 of the General Laws entitled "Property Subject to Taxation" is hereby amended by adding thereto the following section:
44-3-32.2. TAX EXEMPTION FOR FARMLAND, FORESTLAND OR OPEN SPACE IN CITIES AND TOWNS -
(a) Cities and towns in the state of Rhode Island may, by ordinance, exempt from taxation any real property situated in the town classified and utilized as farmland, forestland or open space land pursuant to the provisions of chapter 27 of this title. The amount of the exemption shall be provided for by ordinance. Cities and towns may, from time to time, by amendment to the ordinance, make those changes in the amount of exemption granted.
(b) Cities and towns of Rhode Island are authorized by ordinance to provide that any person who obtains an exemption pursuant to the ordinance to which the person is not entitled, by the filing or making of any false statement, or the proffering of any document or other writing known by the person to have been altered, forged, or to contain any false or untrue information, is liable for an amount equal to double the amount of reductions in taxes resulting from the exemption, which amount is recoverable by the city of town in a civil action.
SECTION 2. This act shall take effect upon passage."
Respectfully submitted,
SUZANNE M. HENSELER
Representative, District 44
The motion to amend is read and prevails on a roll call vote, 79 members voting in the affirmative and 0 members voting in the negative as follows:
The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, on a roll call vote, 82 members voting in the affirmative and 0 members voting in the negative as follows:
Representatives Trillo and Callahan 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, 84 members voting in the affirmative and 0 members voting in the negative as follows:
5. (02-H7268) An Act relating to criminal offenses - impersonation and identity fraud.
Committee on Corporations recommends passage.
Representative Kennedy moves passage of the act, seconded by Representatives Coderre, Ginaitt, Benson, Coelho, Fox, Naughton, George, T. Brien, Lewiss and Vieira.
Read and passed, on a roll call vote, 87 members voting in the affirmative and 0 members voting in the negative as follows:
I, Bruce J. Long, State Representative, District 95, hereby under oath, depose and say:
1. I expect to be called upon, in my capacity as State Representative, to participate in the consideration of, and vote upon: (02-H 7238).
2. I have the following interest in the matter listed under paragraph 1, above:
I have peddlers licenses in my business.
3. In compliance with Section 36-14-6(1) & (2)A of the General Laws, I hereby request the Speaker of the House of Representatives to excuse me from voting on or participating in the consideration of the matter described in paragraph 1, above.
BRUCE J. LONG
Representative, District 95
State of Rhode Island
County of Providence
Subscribed and sworn to before me this 10th day of April, A.D. 2002.
JOSEPH N. AMARAL
Notary Public
Representative Long is excused from voting on or participating in the consideration of the matter described in paragraph 1, above.
JOHN B. HARWOOD
Speaker of the House
of Representatives
CALENDAR
6. (02-H7238) An Act relating to businesses and professions - hawkers and peddlers.
Committee on Corporations recommends passage.
Representative Kennedy moves passage of the act, seconded by Representatives Naughton, Benson, Coelho and Aiken.
Read and passed, on a roll call vote, 83 members voting in the affirmative and 0 members voting in the negative as follows:
9A. (02-H7050) Joint Resolution to approve and publish and submit to the electors a proposition of amendment to the Constitution of the State (separation of powers).
Committee on Judiciary recommends no passage.
Representative Flaherty moves to recommit the resolution to the Committee on Judiciary, seconded by Representative Menard.
Representative Watson rises on a point of order to ask whether Representative Flaherty's motion is timely.
The Honorable Speaker rules that Representative Flaherty or any representative retains the right to make such a motion, notwithstanding that the bill was placed on the Calendar by agreement.
The motion to recommit prevails, on a roll call vote, 49 members voting in the affirmative and 38 members voting in the negative as follows:
Read and recommitted to the Committee on Judiciary.
Representative W.H. Murphy requests the journal to reflect that if he had voted on the recommittal of (02-H 7050), he would have voted in the affirmative.
Representative Bierman objects.
10. (02-H6838) An Act relating to alcoholic beverages - licenses generally.
Committee on Corporations recommends passage.
Representative Lewiss moves passage of the act, seconded by Representative Martineau.
Read and passed, on a roll call vote, 85 members voting in the affirmative and 0 members voting in the negative as follows:
11. (02-H6837) (Substitute "A" as amended) An Act relating to financial institutions - community obligations and banking offenses.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.
Representative Lewiss moves passage of the act, seconded by Representatives Aiken, Hogan, Simonian, Coelho, Benson and Scott.
The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, on a roll call vote, 71 members voting in the affirmative and 1 member voting in the negative as follows:
Representatives Pires, Bierman, Benson and Williams request the journal to reflect that if they had voted on (02-H 6837) (Substitute "A"), they would have voted in the affirmative.
There is no objection.
12. (02-H6836) An Act commercial law - general regulatory procedures - unfair sales practices.
Committee on Corporations recommends passage.
Representative Kennedy moves passage of the act, seconded by Representatives Coderre, Vieira, Wasylyk, Coelho, Benson and Barr.
Representatives Ginaitt, Kennedy and Lima discuss the act.
Read and passed, on a roll call vote, 68 members voting in the affirmative and 1 member voting in the negative as follows:
Representatives Mumford, Amaral, Long and Kilmartin request the journal to reflect that if they had voted on (02-H 6836), they would have voted in the affirmative.
There is no objection.
13. (02-H6803) (Substitute "A") An Act relating to health insurance coverage.
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 Coderre, Aiken, Slater, Giannini, Coelho, Henseler and Naughton.
The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on a roll call vote, 58 members voting in the affirmative and 0 members voting in the negative as follows:
15. (02-H6757) An Act relating to corporations, associations and partnerships - limited liability partnerships and the Rhode Island limited liability company act.
Committee on Corporations recommends passage.
Representative Kennedy moves passage of the act, seconded by Representatives Lewiss, Shanley, Aiken, Coelho and Anguilla.
Read and passed, on a roll call vote, 78 members voting in the affirmative and 1 member voting in the negative as follows:
Representative Cerra requests the journal to reflect that if she had voted on (02-H 7384) she would have voted in the affirmative.
There is no objection.
19. (02-H6801) (Substitute "A") An Act relating to the National Guard.
Committee on Special Legislation recommends indefinite postponement of the original bill and passage of Substitute "A".
Representative Coderre moves passage of the act, seconded by Representatives S. Brien, Gallison, Coelho, T. Brien, Montanaro, W.H. Murphy, M. Anderson, Shavers, Long, Benson, Carter, Henseler and Bierman.
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:
Representative Shavers requests the journal to reflect that if she had voted on (02-H 7304) she would have voted in the affirmative.
There is no objection.
22. (02-H7152) House Resolution honoring Lt. Col. Martha McSally on her many outstanding accomplishments and recent victory over female dress code requirements in Saudi Arabia.
Committee on Health, Education and Welfare recommends passage.
Representative McNamara moves passage of the resolution, seconded by Representatives Corvese, Slater, Coelho, Benson, Aiken, Henseler, Williams, Ajello, Fox, Levesque and W.J. Murphy.
Read and passed, on a roll call vote, 79 members voting in the affirmative and 0 members voting in the negative as follows:
26. (02-H7086) (Substitute "A") An Act relating to divorce and separation - domestic violence.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".
Representative Flaherty moves passage of the act, seconded by Representatives Sullivan, Shavers, Ajello, Lima, Cicilline, S. Brien, Naughton, George, Williamson, Pisaturo and Slater.
The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on a roll call vote, 75 members voting in the affirmative and 0 members voting in the negative as follows:
33. (02-H7890) (Substitute "A") An Act relating to criminal offenses - law practice.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".
Representative Schadone moves passage of the act, seconded by Representatives Corvese and Hogan.
The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on a roll call vote, 76 members voting in the affirmative and 1 member voting in the negative as follows:
34A. (02-H7420) An Act relating to motor vehicles - responsibility of owners of rental vehicles.
Committee on Corporations recommends passage.
Read, and by unanimous consent, ordered to be placed on the Calendar for Tuesday, April 23, 2002.
By agreement of the majority and the minority, Majority Leader Martineau requests unanimous consent to take up the Calendar for Thursday, April 11, 2002.
There is no objection.
From the Calendar in order for Thursday, April 11, 2002 are taken:
1. (02-H6766) (Substitute "A") An Act relating to noise limits for motor vehicles.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".
Representative Flaherty moves passage of the act, seconded by Representative Sherlock.
Representative Levesque discusses the act.
Read, and by unanimous consent, ordered to be placed on the Calendar for Thursday, April 25, 2002.
2. (02-H7462) (Substitute "A") An Act relating to criminal offenses - law practice.
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, April 24, 2002.
3. (02-H7768) Joint Resolution to approve and publish and submit to the electors a proposition of amendment to the Constitution of the State (eligibility to vote).
Committee on Special Legislation recommends passage.
Representative Coderre moves passage of the act, seconded by Representatives Henseler, Naughton, Faria, Aiken, Pisaturo, Schadone, Benson, Coelho and W.H. Murphy.
By unanimous consent, Representative Coderre, seconded by Representatives Henseler, Naughton, Faria, Aiken, Pisaturo, Schadone, Benson, Coelho and W.H. Murphy, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(02-H 7768)
Mr. Speaker:
I hereby move to amend (02-H 7768) entitled "JOINT RESOLUTION TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF AMENDMENT TO THE CONSTITUTION OF THE STATE (ELIGIBILITY TO VOTE)" as follows:
On page 2, line 1, by deleting the word "next" and inserting in it's place the year "2004".
Respectfully submitted,
ELAINE A. CODERRE
Representative, District 78
The motion to amend is read and prevails on a roll call vote, 73 members voting in the affirmative and 0 members voting in the negative as follows:
4. (02-H7389) (Substitute "A") An Act relating to elections - voting districts and officials.
Committee on Special Legislation recommends indefinite postponement of the original bill and passage of Substitute "A".
Representative Coderre moves passage of the act, seconded by Representatives Reilly, Benson, Coelho, Sullivan, Cerra, Aiken, Vieira and W.H. Murphy.
The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on a roll call vote, 79 members voting in the affirmative and 0 members voting in the negative as follows:
I, Charles J. Levesque, State Representative, District 93, hereby under oath, depose and say:
1. I expect to be called upon, in my capacity as State Representative, to participate in the consideration of, and vote upon: (02-H 6641).
2. I have the following interest in the matter listed under paragraph 1, above:
I represent an individual charged with non compliance.
3. In compliance with Section 36-14-6(1) & (2)A of the General Laws, I hereby request the Speaker of the House of Representatives to excuse me from voting on or participating in the consideration of the matter described in paragraph 1, above.
CHARLES J. LEVESQUE
Representative, District 93
State of Rhode Island
County of Providence
Subscribed and sworn to before me this 10th day of April, A.D. 2002.
PETER L. LEWISS
Notary Public
Representative Levesque is excused from voting on or participating in the consideration of the matter described in paragraph 1, above.
THOMAS J. WINFIELD
Deputy Speaker of the
House of Representatives
CALENDAR
5. (02-H6641) An Act relating to elections - voting districts and officials.
Committee on Special Legislation recommends passage.
Representative Coderre moves passage of the act, seconded by Representatives Palumbo, Benson, Coelho, McNamara and Williams.
Representatives Lima and Palumbo discuss the act.
Read and passed, on a roll call vote, 79 members voting in the affirmative and 0 members voting in the negative as follows:
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, with the exception of bills being held on the desk.
CALENDAR
6. (02-H7778) An Act relating to elections - general provisions.
Committee on Special Legislation recommends passage.
Representative Coderre moves passage of the act, seconded by Representatives Martineau and Aiken.
Read and passed, on a roll call vote, 77 members voting in the affirmative and 2 members voting in the negative as follows:
10. (02-H7342) (Substitute "A" as amended) An Act relating to education - kindergarten.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.
Read, and by unanimous consent, ordered to be placed on the Calendar for Wednesday, April 24, 2002.
11. (02-H7791) Joint Resolution memorializing Congress to address the inequities in Medicare reimbursements for mental health services.
Committee on Health, Education and Welfare recommends passage.
Representative Hetherington moves passage of the resolution, seconded by Representatives Benson, Coelho, Ginaitt, Vieira, Cerra, Slater, Moura, Amaral, Savage and Ajello.
Read and passed, on a roll call vote, 78 members voting in the affirmative and 0 members voting in the negative as follows:
12. (02-H7925 as amended) House Resolution creating a special House commission to promote and develop a comprehensive system of education for visually impaired children.
Committee on Health, Education and Welfare recommends passage as amended.
Representative Corvese moves passage of the resolution, seconded by Representatives Sullivan, Carter, Crowley, George, Naughton, Giannini, Benson, Coelho, Sherlock, Menard, Palumbo, Vieira, T. Brien, Tejada, W.H. Murphy, Savage, Henseler, Caprio and Williams.
Read and passed, as amended, on a roll call vote, 80 members voting in the affirmative and 0 members voting in the negative as follows:
13. (02-H7345) House Resolution respectfully requesting that the Rhode Island Department of Health proclaims pain assessment and management necessary elements of quality medical care and proclaim "Pain Awareness Week" November 11 through 18, 2002.
Committee on Health, Education and Welfare recommends passage.
Representative Ginaitt moves passage of the resolution, seconded by Representatives Vieira, Palumbo, George, Naughton and Caprio.
Read and passed, on a roll call vote, 79 members voting in the affirmative and 0 members voting in the negative as follows:
16. (02-H7143) An Act relating to education - school committees and superintendents.
Committee on Health, Education and Welfare recommends passage.
Representative McNamara moves passage of the act, seconded by Representatives Corvese, T. Brien, Cicilline and Long.
By unanimous consent, Representative Cicilline, seconded by Representatives Levesque, McNamara and Corvese, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(02-H 7143)
Mr. Speaker:
I hereby move to amend (02-H 7143) entitled "AN ACT RELATING TO EDUCATION - SCHOOL COMMITTEES AND SUPERINTENDENTS" as follows:
On page 2, line 12, by adding the words "state police or local police department," following the word "general".
Respectfully submitted,
DAVID N. CICILLINE
Representative, District 4
The motion to amend is read and prevails on a roll call vote, 81 members voting in the affirmative and 0 members voting in the negative as follows:
17. (02-H7044) House Resolution respectfully urging the Coalition of Northeastern Governors (CONEG) to promote a policy banning the use of MTBE as a gasoline additive in the northeastern region of the United States.
Committee on Health, Education and Welfare recommends passage.
Representative Scott moves passage of the resolution, seconded by Representative Moura.
Read and passed, on a roll call vote, 79 members voting in the affirmative and 0 members voting in the negative as follows:
18. (02-H7140) Joint Resolution memorializing Congress to approve for passage the "Nursing Employment and Education Development Act" (NEED Act).
Committee on Health, Education and Welfare recommends passage.
Representative Dennigan moves passage of the resolution, seconded by Representatives Ginaitt, W.J. Murphy, Coelho, Shavers, Ajello, Slater, Cerra and Savage.
Read and passed, on a roll call vote, 80 members voting in the affirmative and 0 members voting in the negative as follows:
23. (02-H7043) House Resolution proclaiming November 17, 2002 as "Professional Pet Assisted Therapy Day" in the state of Rhode Island.
Committee on Health, Education and Welfare recommends passage.
Representative Hetherington moves passage of the resolution, seconded by Representatives Dennigan, Picard, Lewiss, McNamara, Scott, Moura, Ajello and McCauley.
Read and passed, on a roll call vote, 80 members voting in the affirmative and 0 members voting in the negative as follows:
24. (02-H7307) An Act relating to health and safety - durable power of attorney for health care.
Committee on Health, Education and Welfare recommends passage.
Read, and by unanimous consent, ordered to be placed on the Calendar for Tuesday, April 23, 2002.
FROM THE DESK
From the Desk is taken:
(02-H 7187) House Resolution requesting the Department of Environmental Management to resolve issues arising from large commercial fishing vessels anchored in Narragansett Bay.
Representative Kennedy moves to recommit the resolution, seconded by Representative Martineau.
There is no objection.
The resolution is recommitted, on a roll call vote, 56 members voting in the affirmative and 2 members voting in the negative as follows:
Read and recommitted to the Committee on Corporations.
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.
ANNOUNCEMENTS
Representative Carter announces that the Committee on Finance will meet tomorrow at 2:00 o'clock P.M. in Room 35 of the State House.
Also:
Majority Leader Martineau announces by the agreement of the Majority and the Minority there will be no session on Thursday, April 11, 2002.
Session will reconvene on Tuesday, April 23, 2002.
ADJOURNMENT
At 5:42 o'clock P.M. on motion of Representative Ginaitt, and as a further mark of respect to the memory of Brother John M. Hallinan, seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.
LINDA McELROY Recording Clerk
Appendix
INVOCATION
REPRESENTATIVE WILLIAM H. MURPHY
Dear God, we are grateful for the privilege of serving in this House of Representatives. Keep us ever mindful that we are here to serve those who elected us and all of the people of Rhode Island. Amen.
Appendix
CONSENT CALENDAR
In order for Wednesday, April 24, 2002:
1. (02-S2888) An Act to vacate the forfeiture or revocation of the charter of Eastern Vision Group, Inc.
Committee on Corporations recommends passage in concurrence.
2. (02-S2890) An Act to vacate the forfeiture or revocation of the charter of the Chaminade Club of Providence, Rhode Island.
Committee on Corporations recommends passage in concurrence.
LOUIS D'ANTUONO Clerk of the House
Wednesday, April 10, 2002
Appendix
CALENDAR
In order for Tuesday, April 23, 2002:
1. (02-H7842 as amended) An Act relating to state affairs and government - corrections department.
Committee on Judiciary recommends passage as amended.
2. (02-H7420) An Act relating to motor vehicles - responsibility of owners of rental vehicles.
Committee on Corporations recommends passage.
3. (02-H7851) An Act relating to food and drugs.
Committee on Health, Education and Welfare recommends passage.
4. (02-H7299) An Act relating to health and safety - pain assessment act.
Committee on Health, Education and Welfare recommends passage.
5. (02-H7307) An Act relating to health and safety - durable power of attorney for health care.
Committee on Health, Education and Welfare recommends passage.
Appendix
CALENDAR
In order for Wednesday, April 24, 2002:
1. (02-H7462) (Substitute "A") An Act relating to criminal offenses - law practice.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".
2. (02-H7342) (Substitute "A" as amended) An Act relating to education - kindergarten.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.
3. (02-H7704 as amended) An Act relating to towns and cities - emergency police power.
Ordered on the Calendar.
4. (02-H6876) (Substitute "A") An Act relating to education - elementary and secondary school diversity officer.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
5. (02-H7295) (Substitute "A") An Act relating to school committees and superintendents.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
6. (02-H7145) (Substitute "A") An Act relating to health and safety - human cloning.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
7. (02-H6874) (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".
8. (02-H7176) (Substitute "A") An Act relating to state affairs and government - compulsory school attendance - children under state care.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
9. (02-H6666) (Substitute "A") An Act relating to motor and other vehicles - operators' and chauffeurs' licenses.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
10. (02-H7216) (Substitute "A") An Act relating to assisted living.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
11. (02-H7141) (Substitute "A") House Resolution supporting RIPTA's efforts to establish group transportation benefit packages as a means to increase the use of public transportation and reduce roadway congestion.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
12. (02-H6615) (Substitute "A") House Resolution creating a special House commission to study the issue of school safety and security.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
13. (02-H7781) (Substitute "A") An Act relating to alcoholic beverages.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
14. (02-H7410) (Substitute "A") An Act relating to airports and landing fields.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
15. (02-H7320) (Substitute "A") An Act relating to health and safety - health care services - utilization review act.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
16. (02-H7271) (Substitute "A") An Act relating to motor and other vehicles.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
17. (02-H7243) An Act relating to corporations, associations and partnerships.
Committee on Corporations recommends passage.
18. (02-H7242) An Act relating to corporations, associations and partnerships.
Committee on Corporations recommends passage.
19. (02-H7236) An Act relating to property - recording of instruments.
Committee on Corporations recommends passage.
20. (02-H6839) An Act relating to the Rhode Island Public Transit Authority - privatization of services.
Committee on Corporations recommends passage.
21. (02-H6834) An Act relating to cities and towns - regulation of newspaper and magazine vending machines - public sidewalks.
Committee on Corporations recommends passage.
22. (02-H6806) An Act relating to mutual aid agreements.
Committee on Corporations recommends passage.
23. (02-H6740) An Act relating to waters and navigation - regulation of boats.
Committee on Corporations recommends passage.
24. (02-H6719) (Substitute "A") An Act relating to health and safety - unlicensed health care practices.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
25. (02-H7708) Joint Resolution creating a special legislative commission to study the tax and benefit provisions of the temporary disability insurance (TDI) program.
Committee on Labor recommends passage.
26. (02-H7897) An Act relating to holidays and days of special observance.
Committee on Labor recommends passage.
27. (02-H6909) An Act relating to whistleblowers' protection.
Committee on Labor recommends passage.
28. (02-H7718) An Act relating to labor and labor relations - minimum wages.
Committee on Labor recommends passage.
29. (02-H7150) An Act relating to labor relations act.
Committee on Labor recommends passage.
30. (02-H7671) An Act relating to the state building and fire code.
Committee on Labor recommends passage.
31. (02-H7048) An Act relating to labor and labor relations - inspection of personnel files.
Committee on Labor recommends passage.
32. (02-H7918) House Resolution creating a special House commission to study temporary employment practices and procedures.
Committee on Labor recommends passage.
33. (02-S2676) Joint Resolution memorializing Congress to enact a nationwide criminal background check and registry for long-term care workers.
Committee on Health, Education and Welfare recommends passage in concurrence.
34. (02-S2418) Joint Resolution memorializing Congress to approve for passage the "Nursing Employment and Education Development Act" (NEED Act).
Committee on Health, Education and Welfare recommends passage in concurrence.
Appendix
CALENDAR
In order for Thursday, April 25, 2002:
1. (02-H6766) (Substitute "A") An Act relating to noise limits for motor vehicles.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".
2. (02-H6725) An Act relating to liability insurance - rental vehicles.
Committee on Judiciary recommends passage.
3. (02-H6969) An Act relating to courts and civil procedure - court administration.
Committee on Judiciary recommends passage.
4. (02-H7114) An Act relating to criminal offenses.
Committee on Judiciary recommends passage.
5. (02-H7828) (Substitute "A" as amended) An Act relating to adjudication of traffic offenses.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.
6. (02-H7297) (Substitute "A") An Act relating to health and safety - air pollution.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
7. (02-H6633) (Substitute "A") An Act relating to unfair sales practices - merchandise credit slips.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
8. (02-H6782) (Substitute "A") An Act relating to miscellaneous rules - child restraint systems - mandatory insurance coverage.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
9. (02-H6783) (Substitute "A") An Act relating to businesses and professions.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
10. (02-H6787) An Act relating to insurance.
Committee on Corporations recommends passage.
11. (02-H7002) (Substitute "A") An Act relating to businesses and professions - unsolicited telephone sales calls.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
12. (02-H7107) (Substitute "A") An Act relating to motor vehicle theft and motor vehicle insurance fraud reporting - immunity act.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
13. (02-H7264) (Substitute "A") An Act relating to insurance - small group health insurance continuous coverage.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
14. (02-H7265) (Substitute "A") An Act relating to responsibility of owners of rental vehicles.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
15. (02-H7270) (Substitute "A") An Act relating to administrative procedures.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
16. (02-H7281) (Substitute "A") An Act to amend the management and control of the Community College of Rhode Island Foundation.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
17. (02-H7327) (Substitute "A") An Act relating to towns and cities.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
18. (02-H7338) An Act relating to taxation - tax incentives for capital investment in small businesses.
Committee on Corporations recommends passage.
19. (02-H7414) (Substitute "A") An Act relating to military affairs - continuation of employment.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
20. (02-H7364) (Substitute "A") An Act relating to towns and cities - municipal accounting systems.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
LOUIS D'ANTUONO Clerk of the House
Wednesday, April 10, 2002
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