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.42 |
Tuesday, April 30, 2002 |
Forty-second Day |
The House of Representatives meets at the State House in Providence, Tuesday, April 30, 2002, and is called to order at 4:18 o'clock P.M., by the Honorable John B. Harwood, Speaker.
The roll is called and a quorum is declared present with 96 members present and 4 members absent as follows:
PRESENT - 96: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Callahan, Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Guthrie, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, 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, Williamson, Winfield.
ABSENT - 4: Representatives Abdullah-Odiase, Cambio, Hetherington, Palangio.
INVOCATION
The Honorable Speaker presents Representative Mumford, 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 Thursday, April 25, 2002, is approved as printed.
ANNOUNCEMENT
Representative Kilmartin gives notice that he will be out of state on May 7 and May 8, 2002.
GUESTS
The Honorable Deputy Speaker welcomes to the House Chambers as a guests Helen Harwood, mother of Speaker Harwood, and Sylvia Kunze.
RECONSIDERATION
From the Desk is taken:
(02-H 7002) (Substitute "A" as amended) 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" as amended.
Representative Montanaro moves to reconsider the act, seconded by Representatives Ajello and Lanzi.
Representative Ajello moves passage, seconded by Representatives Lanzi and Montanaro.
By unanimous consent, Representative Ajello, seconded by Representative Lanzi and Montanaro, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(02-H 7002) (Substitute "A" as amended)
Mr. Speaker:
I hereby move to amend (02-H 7002) (Substitute "A" as amended) entitled "AN ACT RELATING TO BUSINESSES AND PROFESSIONS - UNSOLICITED TELEPHONE SALES CALLS" as follows:
(1) On page 2, by deleting lines 5 and 6 and substituting in place thereof the following language: "services at a fixed location; or (iv) by, or on behalf of, a nonprofit organization."
Respectfully submitted,
EDITH H. AJELLO
Representative, District 3
NOW PRESIDING
At 4:20 o'clock P.M. the Honorable Speaker yields the rostrum to the Honorable Deputy Speaker Winfield.
RECONSIDERATION
The motion to amend is read and prevails on a roll call vote, 80 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 80: Representatives Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Callahan, Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Guthrie, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Munschy, Murphy, W.H., Naughton, Palumbo, Pisaturo, Quick, Rabideau, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Simonian, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Wasylyk, Winfield.
NAYS - 0.
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:
YEAS - 84: Representatives Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Callahan, Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Guthrie, Henseler, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Naughton, Palumbo, Picard, Pisaturo, Quick, Rabideau, Reilly, Rose, San Bento, Schadone, Shavers, Sherlock, Simonian, Slater, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Wasylyk, Williams, Winfield.
NAYS - 0.
Representative Hogan requests the journal to reflect that if he had voted on the act, he would have voted in the affirmative.
There is no objection.
TRANSMITTAL
By unanimous consent, (02-H 7002) (Substitute "A" as amended) on the Clerk's desk is ordered to be transmitted to the Honorable Senate forthwith.
PERSONAL PRIVILEGE
By unanimous consent, the Honorable Speaker Harwood addresses the members of the House on a point of personal privilege in regard to a newspaper article.
(For address see Appendix)
NOW PRESIDING
At 4:30 o'clock P.M. the Honorable Deputy Speaker yields the rostrum to the Honorable Speaker.
COMMUNICATION FROM THE SENATE
A message from the Honorable Senate transmits with announcement of passage, of the following measures:
(02-S 2472) An Act relating to businesses and professions - athletic trainers.
Read and referred to the Committee on Corporations.
(02-S 2858 as amended) An Act relating to public officers and employees.
Read and referred to the Committee on Finance.
(02-S 2108) (Substitute "A") An Act relating to education - compulsory attendance.
Read and referred to the Committee on Health, Education and Welfare.
(02-S 2115) An Act relating to human services.
Read and referred to the Committee on Health, Education and Welfare.
(02-S 2164) (Substitute "A") An Act relating to miscellaneous rules.
Read and referred to the Committee on Health, Education and Welfare.
(02-S 2182) An Act relating to businesses and professions - Board of Medical Licensure and Discipline.
Read and referred to the Committee on Health, Education and Welfare.
(02-S 2218) (Substitute "A") An Act relating to elderly affairs.
Read and referred to the Committee on Health, Education and Welfare.
(02-S 2303) An Act relating to human services.
Read and referred to the Committee on Health, Education and Welfare.
(02-S 2468 as amended) An Act relating to education - school committees and superintendents.
Read and referred to the Committee on Health, Education and Welfare.
(02-S 2516) (Substitute "A") An Act relating to the licensing of health care facilities.
Read and referred to the Committee on Health, Education and Welfare.
(02-S 2624) An Act relating to education.
Read and referred to the Committee on Health, Education and Welfare.
(02-S 2673) An Act relating to businesses and professions - Board of Nursing.
Read and referred to the Committee on Health, Education and Welfare.
(02-S 2674) (Substitute "A") An Act relating to home and community service to the elderly.
Read and referred to the Committee on Health, Education and Welfare.
(02-S 2879) (Substitute "A") An Act relating to state affairs and government - state pharmaceutical purchasing and dispensing coordinating council.
Read and referred to the Committee on Health, Education and Welfare.
(02-S 2009) An Act relating to poll workers.
Read and referred to the Committee on Judiciary.
(02-S 2097) An Act relating to search warrants.
Read and referred to the Committee on Judiciary.
(02-S 2401) An Act relating to criminal procedure - indictments, informations and complaints.
Read and referred to the Committee on Judiciary.
(02-S 2475) Joint Resolution extending the reporting date of the special legislative commission to study an enhanced role for probation and parole.
Read and referred to the Committee on Judiciary.
(02-S 2498) An Act relating to sexual assault.
Read and referred to the Committee on Judiciary.
(02-S 2603) An Act relating to courts and civil procedure - court administration.
Read and referred to the Committee on Judiciary.
(02-S 2708) An Act relating to motor vehicle insurance - mandatory arbitration provision.
Read and referred to the Committee on Judiciary.
(02-S 2712) An Act relating to commercial law - construction contracts.
Read and referred to the Committee on Judiciary.
(02-S 2724) An Act relating to state affairs and government - administrative procedures.
Read and referred to the Committee on Judiciary.
(02-S 2723) An Act relating to motor vehicle offenses.
Read and referred to the Committee on Judiciary.
(02-S 2856) An Act relating to criminal offenses - children.
Read and referred to the Committee on Judiciary.
(02-S 2146) An Act relating to registration of vehicles.
Read and referred to the Committee on Special Legislation.
(02-S 2256) An Act relating to courtesy plates on antique motor cars.
Read and referred to the Committee on Special Legislation.
(02-S 2448 as amended) An Act relating to retail liquor licenses - objection by adjoining property owners.
Read and referred to the Committee on Special Legislation.
(02-S 2764) (Substitute "A") An Act relating to alcoholic beverages - retail licenses - Class N nightclub licenses.
Read and referred to the Committee on Special Legislation.
(02-S 2808) An Act relating to alcoholic beverage licenses - licenses generally.
Read and referred to the Committee on Special Legislation.
(02-S 2779) (Substitute "A") An Act relating to the state law library.
Read and referred to the Committee on Judiciary.
(02-S 2262) An Act relating to military affairs and defense - extension of veterans' benefits.
Read and ordered to be placed on the Calendar.
NEW BUSINESS
Representatives Gallison, Anguilla, San Bento, Scott and McCauley introduce (02-H 8067) An Act relating to the naming of Route 95 in Rhode Island.
Read and referred to the Joint Committee on Naming State Constructions.
Representatives Malik, Winfield, Menard, Munschy and Anguilla introduce (02-H 8068) An Act relating to the Rhode Island Underground Storage Tank Review Board.
Read and referred to the Committee on Corporations.
Representative Hetherington introduces (02-H 8069) An Act relating to nurses.
Read and referred to the Committee on Corporations.
Representative Hetherington introduces (02-H 8070) An Act relating to education - health and safety of pupils.
Read and referred to the Committee on Health, Education and Welfare.
Representative Hetherington introduces (02-H 8071) An Act relating to businesses and professions.
Read and referred to the Committee on Health, Education and Welfare.
Representatives Hetherington, Ajello, Cicilline, Dennigan and Aiken introduce (02-H 8072) An Act relating to wrongful death, domestic partners.
Read and referred to the Committee on Judiciary.
Representative Quick introduces (02-H 8073) An Act to vacate the forfeiture or revocation of the charter of Rhode Island Cheerleading Coaches Association, Inc.
Representative Quick requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Quick, seconded by Representatives Watson and Martineau, on a roll call vote, 88 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 88: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Callahan, Caprio, Carter, Cerra, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Guthrie, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Naughton, Palumbo, Picard, Pisaturo, Quick, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS - 0.
Representatives Henseler, Naughton, George and Giannini introduce (02-H 8074) House Resolution proclaiming April 2002 as "World Parkinson's Disease Awareness Month".
Representative Henseler requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Henseler, seconded by Representative Martineau, and by unanimous consent, on a voice vote.
Representatives Reilly, Harwood, San Bento, M. Anderson and Kilmartin introduce (02-H 8075) House Resolution extending sympathy on the passing of the Honorable Robert A. Magill.
Representative Reilly requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Reilly, seconded by Representative Martineau, and by unanimous consent, on a rising vote.
Representatives Iwuc, Menard and Smith introduce (02-H 8076) House Resolution congratulating Brian F. Hart, Jr. on attaining the rank of Eagle Scout.
Representative Iwuc requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Iwuc, seconded by the entire House of Representatives, and by unanimous consent, on a voice vote.
Representatives Iwuc, Menard and Smith introduce (02-H 8077) House Resolution congratulating Dana J. Haakensen on attaining the rank of Eagle Scout.
Representative Iwuc requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Iwuc, seconded by the entire House of Representatives, and by unanimous consent, on a voice vote.
Representatives Iwuc, Menard and Smith introduce (02-H 8078) House Resolution congratulating Steven G. Dubois on attaining the rank of Eagle Scout.
Representative Iwuc requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Iwuc, seconded by the entire House of Representatives, and by unanimous consent, on a voice vote.
Representatives Watson, Savage, Rose, Coelho and Sullivan introduce (02-H 8079) House Resolution honoring Solomon A. Solomon for his many years of dedicated service to St. Jude Children's Research Hospital.
Representative Watson requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Watson, seconded by Representatives Callahan and Rose, and by unanimous consent, on a voice vote.
NOTICES OF BILL/RESOLUTION
INTRODUCTION
Representative Barr gives notice that on the next legislative day, he will introduce a measure concerning state pension system.
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 Fleury gives notice that on the next legislative day, he will introduce a measure concerning fiscal and budgetary matters.
This notice is given in compliance with House Rule 42.
RICHARD E. FLEURY
Representative, District 40
Received and ordered to be placed on file.
Representative Gorham gives notice that on the next legislative day, he will introduce a measure concerning University of Rhode Island.
This notice is given in compliance with House Rule 42.
NICHOLAS GORHAM
Representative, District 53
Received and ordered to be placed on file.
Representative Lally gives notice that on the next legislative day, he will introduce a measure concerning sewers for the town of Narragansett bond issue.
This notice is given in compliance with House Rule 42.
DONALD J. LALLY, JR.
Representative, District 48
Received and ordered to be placed on file.
Representative Naughton gives notice that on the next legislative day, she will introduce a measure concerning economic development.
This notice is given in compliance with House Rule 42.
EILEEN S. NAUGHTON
Representative, District 32
Received and ordered to be placed on file.
CALENDAR
From the Calendar are taken:
1. (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".
Read, and by unanimous consent ordered to be placed on the bottom of page 3 of the Calendar as item no. 13A.
2. (02-H7150) An Act relating to labor relations act.
Committee on Labor recommends passage.
Read, and by unanimous consent ordered to be placed on the Calendar for Thursday, May 2, 2002.
3. (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 Giannini moves passage of the act, seconded by Representatives Simonian and San Bento.
Representatives Williams and Giannini discuss the act.
The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on a roll call vote, 84 members voting in the affirmative and 5 members voting in the negative as follows:
YEAS - 84: The Honorable Speaker Harwood and Representatives Aiken, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Callahan, Caprio, Carroll, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Crowley, Dennigan, DeSimone, Faria, Fleury, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Guthrie, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lima, Long, Lowe, Maher, Malik, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Naughton, Palumbo, Picard, Pires, Pisaturo, Quick, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS - 5: Representatives Ajello, Almeida, Carter, Costantino, Fox.
4. (02-H7114) An Act relating to criminal offenses.
Committee on Judiciary recommends passage.
Representative Trillo moves passage of the act, seconded by Representatives Anguilla, Vieira, Cerra, McNamara, Long, Savage, Gorham, Bierman, Watson and Giannini.
Read and passed, on a roll call vote, 71 members voting in the affirmative and 12 members voting in the negative as follows:
YEAS - 71: The Honorable Speaker Harwood and Representatives Aiken, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Callahan, Carter, Cerra, Cicilline, Coderre, Coelho, Corvese, Dennigan, DeSimone, Faria, Fleury, Fox, Garvey, George, Giannini, Gorham, Guthrie, Henseler, Hogan, Iwuc, Kennedy, Kilmartin, Lally, Lanzi, Lima, Long, Lowe, Martineau, McCauley, McNamara, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Naughton, Palumbo, Picard, Pires, Pisaturo, Quick, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Sherlock, Simonian, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Watson, Winfield.
NAYS - 12: Representatives Ajello, Almeida, Caprio, Coogan, Costantino, Gallison, Jacquard, Knickle, Levesque, Maher, Malik, Williamson.
5. (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".
Read, and by unanimous consent ordered to be placed on the Calendar for Wednesday, May 1, 2002.
6. (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".
Representative Palumbo moves passage of the act, seconded by Representatives Fox and Long.
The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on a roll call vote, 81 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 81: The Honorable Speaker Harwood and Representatives Aiken, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Bierman, Brien, S., Brien, T., Callahan, Caprio, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, DeSimone, Faria, Fleury, Fox, Gallison, Garvey, Giannini, Ginaitt, Gorham, Guthrie, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Moran, Moura, Munschy, Murphy, W.H., Naughton, Palumbo, Picard, Pisaturo, Quick, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS - 0.
7. (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".
Representative Kennedy moves passage of the act, seconded by Representatives San Bento, Watson and Coelho.
Representatives Cicilline and Kennedy discuss the act.
The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on a roll call vote, 85 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 85: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Callahan, Caprio, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Guthrie, Hogan, Iwuc, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Naughton, Palumbo, Picard, Pires, Pisaturo, Quick, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Vieira, Wasylyk, Watson, Williams, Winfield.
NAYS - 0.
8. (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".
Representative Kennedy moves passage of the act, seconded by Representatives Naughton, Benson, Coelho and Slater.
By unanimous consent, Representative Kennedy, seconded by Representative Menard, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(02-H 7270) (Substitute "A")
Mr. Speaker:
I hereby move to amend (02-H 7270) (Substitute "A") entitled "AN ACT RELATING TO ADMINISTRATIVE PROCEDURES," as follows:
On page 4, line 1, after the word "operative." By adding the following sentence "If the agency takes no action on a rule contained in the secretary of state's list, the rule shall remain lawfully promulgated."
Respectfully submitted,
BRIAN PATRICK KENNEDY
Representative, District 16
The motion to amend is read and prevails on a roll call vote, 90 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 90: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Almeida, Amaral, Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Callahan, Caprio, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Guthrie, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Naughton, Palumbo, Picard, Pires, Pisaturo, Quick, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS - 0.
The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, on a roll call vote, 91 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 91: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Callahan, Caprio, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Guthrie, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Naughton, Palumbo, Picard, Pires, Pisaturo, Quick, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS - 0.
9. (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".
Representative Kennedy moves passage of the act, seconded by Representatives Reilly, San Bento, Coelho, Benson, Giannini, Moura, Long, Story, Callahan, Mumford and Amaral.
The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on a roll call vote, 91 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 91: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Callahan, Caprio, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Guthrie, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Naughton, Palumbo, Picard, Pires, Pisaturo, Quick, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS - 0.
10. (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".
Representative Kennedy moves passage of the act, seconded by Representatives Naughton, Coelho, Ginaitt, Gallison, Malik, Carter, Story, Lewiss, Costantino, Munschy, Savage, San Bento and Cerra.
Representatives Watson, Malik, Ajello, S. Anderson, Gorham, Amaral and Rabideau discuss the act.
Read, and by unanimous consent ordered to be placed on the Calendar for Wednesday, May 1, 2002.
11. (02-H7338) An Act relating to taxation - tax incentives for capital investment in small businesses.
Committee on Corporations recommends passage.
Representative Kennedy moves passage of the act, seconded by Representatives Benson, Coelho, Moura, W.H. Murphy, Bierman, Shanley and Reilly.
Read and passed, on a roll call vote, 84 members voting in the affirmative and 1 member voting in the negative as follows:
YEAS - 84: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Callahan, Caprio, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Fleury, Fox, Gallison, George, Giannini, Ginaitt, Gorham, Guthrie, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Knickle, Lally, Lanzi, Lewiss, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Moran, Moura, Mumford, Munschy, Murphy, W.H., Naughton, Palumbo, Picard, Pisaturo, Quick, Rabideau, Reilly, Rose, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS - 1: Representative Kilmartin.
Representative Lima requests the journal to reflect that if she had voted on the act, she would have voted in the affirmative.
There is no objection.
12. (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".
Representative Kennedy moves passage of the act, seconded by Representatives S. Brien, Carter, Benson, Sherlock, Giannini, Coelho, Menard, Cicilline, Reilly, Picard, Lowe, Shavers, Shanley, Cerra, Pires, Iwuc, San Bento, Slater, T. Brien, Lewiss, W.H. Murphy, M. Anderson, Long, Lanzi, Moura and Faria.
The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on a roll call vote, 89 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 89: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Crowley, Dennigan, DeSimone, Faria, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Guthrie, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Moran, Moura, Mumford, Munschy, Murphy, W.H., Naughton, Palumbo, Picard, Pires, Pisaturo, Quick, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS - 0.
13. (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".
Representative Kennedy moves passage of the act, seconded by Representatives Fox, Ajello, Coelho, Benson, Vieira, Rose and Long.
Representatives Mumford, Pires and Scott discuss the act.
Representative Scott requests to vote on Section I separately.
The Honorable Speaker rules it is divisible.
Representatives Gorham, Kilmartin, Fleury, Levesque, Simonian, Palumbo, Cerra, Lima, Lanzi, Montanaro, Pisaturo and Watson continue to discuss the act.
Section I, lines 3-11, prevails on a roll call vote, 72 members voting in the affirmative and 14 members voting in the negative as follows:
YEAS - 72: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Almeida, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Caprio, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, DeSimone, Faria, Fox, Gallison, George, Giannini, Ginaitt, Guthrie, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Maher, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palumbo, Picard, Pires, Pisaturo, Reilly, Rose, San Bento, Schadone, Shanley, Sherlock, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Wasylyk, Winfield.
NAYS - 14: Representatives Amaral, Callahan, Fleury, Garvey, Gorham, Long, Mumford, Rabideau, Savage, Scott, Story, Trillo, Watson, Williamson.
The remainder of the bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on a roll call vote, 83 members voting in the affirmative and 7 members voting in the negative as follows:
YEAS - 83: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Caprio, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, DeSimone, Faria, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Guthrie, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palumbo, Picard, Pires, Pisaturo, Quick, Reilly, Rose, San Bento, Schadone, Scott, Shanley, Shavers, Sherlock, Simonian, Slater, Smith, Sullivan, Tejada, Thompson, Trillo, Vieira, Wasylyk, Williams, Winfield.
NAYS - 7: Representatives Callahan, Fleury, Mumford, Rabideau, Story, Watson, Williamson.
13A. (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".
Representative Corvese moves passage of the act, seconded by Representatives Reilly, Jacquard, Coelho, Benson, Naughton, Crowley, W.J. Murphy, Sullivan, Palumbo, Cerra, T. Brien, Kennedy, San Bento, DeSimone, Shanley, Hogan, Carter, Faria, McNamara, Lewiss and Coogan.
By unanimous consent, Representative Corvese, seconded by Representatives Reilly, Jacquard, Coelho, Benson, Naughton, Crowley, W.J. Murphy, Sullivan, Palumbo, Cerra, T. Brien, Kennedy, San Bento, DeSimone, Shanley, Hogan, Carter, Faria, McNamara, Lewiss and Coogan, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(02-H 6719) (Substitute "A")
Mr. Speaker:
I hereby move to amend (02-H 6719) (Substitute "A") entitled "AN ACT RELATING TO HEALTH AND SAFETY - UNLICENSED HEALTH CARE PRACTICES," as follows:
(1) By deleting all of the language following the enactment clause and inserting in place thereof the following:
SECTION 1. Title 23 of the General Laws entitled "Health and Safety" is hereby amended by adding thereto the following chapter:
CHAPTER 74
UNLICENSED HEALTH CARE PRACTICES
23-74-1. DEFINITIONS AND APPLICABILITY. - (a) As used in this chapter, the following terms have the following meanings:
(1) "Director" or "director of health" means the director of the department of health or the director's designee;
(2) "Unlicensed health care client" means an individual who receives services from an unlicensed health care practitioner;
(3) "Unlicensed health care practices" means the broad domain of unlicensed healing methods and treatments, including, but not limited to: (I) acupressure; (ii) Alexander technique; (iii) aroma therapy; (iv) ayurveda; (v) cranial sacral therapy; (vi) crystal therapy; (vii) detoxification practices and therapies; (vii) energetic healing; (ix) rolfing; (x) Gerson therapy and colostrum therapy; (xi) therapeutic touch; (xii) herbology or herbalism; (xiii) polarity therapy; (xv) nondiagnostic iridology; (xvi) body work; (xvii) reiki; (xviii) mind-body healing practices; (ixx) naturopathy; and (xx) Qi Gong energy healing. "Unlicensed health care practices" do not include surgery, x-ray radiation, prescribing, administering, or dispensing legend drugs and controlled substances, practices that invade the human body by puncture of the skin, setting fractures, any practice included in the practice of dentistry, the manipulation or adjustment of articulations of joints, or the spine, also known as chiropractic medicine as defined in chapter 5-30, the healing art of acupuncture as defined in chapter 5-37.2, or practices that are permitted under section 5-37-15 or section 5-34-31(6).
(4) "Office of unlicensed health care practice" or "office" means the office of unlicensed health care practice established by this chapter.
(5) "Unlicensed health care practitioner" means a person who:
(i) is not licensed by health-related licensing board or the director of health; or holds a license issued by a health-related licensing board or the department of health in this state, but does not hold oneself out to the public as being licensed or registered by the director or a health-related licensing board when engaging in unlicensed health care;
(ii) has not had a license issued by a health-related licensing board or the director of health revoked or suspended without reinstatement unless the right to engage in unlicensed health care practices has been established by order of the director of health;
(iii) is engaging in unlicensed health care practices; and
(iv) is providing unlicensed health care services for remuneration or is holding oneself out to the public as a practitioner of unlicensed health care practices.
(b) This chapter does not apply to, control, prevent, or restrict, the practice, service, or activity of lawfully marketing or distributing food products, including dietary supplements as defined in the federal dietary supplement health and education act, educating customers about such products, or explaining the uses of such products. Under Rhode Island law, an unlicensed health care practitioner may not provide a medical diagnosis.
(c) A health care practitioner, licensed or registered by the director or health-related licensing board, who engages in unlicensed health care while practicing under the practitioner's license or registration, shall be regulated by and be under the jurisdiction of the applicable health-related licensing board with regard to the unlicensed health care practices.
(d) Subject to the provisions of this chapter, persons in Rhode Island are authorized to practice as unlicensed health care practitioners and receive remuneration for their services.
23-74-2. OFFICE OF UNLICENSED HEALTH CARE PRACTICE ESTABLISHED. - (a) The office of unlicensed health care practice is created in the department of health to investigate complaints and take and enforce disciplinary actions against all unlicensed health care practitioners for violations of prohibited conduct, as set forth in this chapter.
(b) The director shall adopt rules and regulations necessary to implement, administer, or enforce the provisions of this chapter, and shall define the unlicensed health care practices set forth in this chapter so as to provide fair notice to persons of the applicability of this chapter and their practices.
23-74-3. MALTREATMENT OF MINORS PROHIBITED. - Nothing in this chapter shall restrict the ability of a local law enforcement agency or the director of the department of children, youth and families, to take action regarding the maltreatment of minors. A parent who obtains unlicensed health care for the parent's minor child is not relieved of the duty to seek necessary medical care consistent with the requirements of the general laws. A complementary or alternative health care practitioner who is providing services to a child shall be subject to the reporting provisions of chapter 40-11 entitled "Abused and Neglected Children."
23-74-4. PROFESSIONAL ACCOUNTABILITY. - The office shall maintain and keep current a file containing the reports and complaints filed against unlicensed health care practitioners within the director'' jurisdiction. Each complaint filed with the office must be investigated.
23-74-5. PROHIBITED CONDUCT. - The dir-ector may impose disciplinary action as described in this chapter against any unlicensed health care practitioner. The following conduct is prohibited and is grounds for disciplinary action:
(1) Conviction of a crime, including a finding or verdict of guilt, and admission of guilt, or a no contest plea, in any court in Rhode Island or any other jurisdiction in the United States, reasonably related to engaging in health care practices. Conviction, as used in this subdivision, includes a conviction of an offense which, if committed in this state, would be deemed a felony or misdemeanor, without regard to its designation elsewhere, or a criminal proceeding where a finding or verdict of guilty is made or returned, but the adjudication of guilt is either withheld or not entered.
(2) Engaging in sexual contact with an unlicensed health care client, engaging in contact that may be reasonably interpreted by a client as sexual or engaging in sexual exploitation of a client.
(3) Advertising that is false, fraudulent, deceptive, or misleading.
(4) Conduct likely to deceive, defraud, or harm the public or demonstrating a willful or careless disregard for the health or safety of an unlicensed health care client in which case, proof of actual injury need not be established.
(5) Adjudication as mentally incompetent or as a person who is dangerous to self or is adjudicated as any of the following: chemically dependent, mentally ill, mentally retarded, mentally ill and dangerous to the public, or as a sexual psychopathic personality or sexually dangerous person.
(6) Inability to engage in unlicensed health care practices with reasonable safety to unlicensed health care clients.
(7) Dependence upon controlled substances, habitual drunkenness or engaging in unlicensed health care practices while intoxicated or incapacitated by the use of drugs.
(8) Revealing a communication from, or relating to, an unlicensed health care client except when otherwise permitted by law.
(9) Failure to comply with an unlicensed health care client's request to furnish an unlicensed health care client record or report required by law.
(10) Splitting fees or promising to pay a portion of a fee to any other professional other than for services rendered by the other professional to the unlicensed health care client.
(11) Engaging in abusive or fraudulent billing practices, including violations of the federal Medicare and Medicaid laws or state medical assistance laws.
(12) Obtaining money, property, or services from an unlicensed health care client, other than reasonable fees for services provided to the client, through the use of undue influence, harassment, duress, deception, or fraud.
(13) Failure to provide an unlicensed health care client with a copy of the client bill of rights or violation of any provision of the client bill of rights.
(14) Violating any order issued by the director.
(15) Failure to comply with any provision of any rules adopted by the director.
(16) Failure to comply with any additional disciplinary grounds established by the director by rule.
(17) Revocation, suspension, restriction, limitation, or other disciplinary action against any health care license, certificate, registration, or right to practice of the unlicensed health care practitioner in this or another state or jurisdiction for offenses that would be subject to disciplinary action in this state or failure to report to the office that charges regarding the practitioner's license, certificate, registration, or right to practice have been brought in this or another state or jurisdiction.
(18) False or misleading use of the title "doctor," "Dr.", "physician" alone or in combination with any other words, letters, or insignia to describe the unlicensed health care practices the practitioner provides.
23-74-6. LESS CUSTOMARY APPROACH. - The fact that a health care practice may be a less customary approach to health care shall not constitute the basis of a disciplinary action per se.
23-74-7. EVIDENCE IN ACTIONS. - In any disciplinary action alleging a professional violation of the provisions of this chapter, a copy of the judgment or proceeding under the seal of the court administrator or clerk of the administrative agency that entered the same is admissible into evidence without further authentication and constitutes prima facie evidence of its contents.
23-74-8. EXAMINATION ACCESS OF MEDICAL DATA. - The director may require an unlicensed practitioner to undergo a physical or psychiatric examination by a physician acceptable to the director from a list provided to the practitioner if probable cause exists to believe that allegations of misconduct against him or her are cause by impairment which has directly affected his or her ability to conduct his or her practice professionally. In such circumstances, the director shall also be entitled to obtain confidential health care information of the practitioner without the practitioner's consent. The director may not discriminate on the basis of disability in the administration of this section, nor subject qualified individuals with disabilities to any discrimination on the basis of a disability. All decisions of the director shall be based on the allegation of unprofessional conduct and not due to probable cause of the conduct being related to the disability of the practitioner. An unlicensed health care practitioner affected under this section shall at reasonable intervals be given an opportunity to demonstrate that the practitioner can resume the provision of health care practices with reasonable safety to clients. In any proceeding under this section, neither the record of proceedings nor the orders entered by the director shall be used against an unlicensed health care practitioner in any other proceeding.
23-74-9. DISCIPLINARY ACTIONS. - Forms of disciplinary action. When the director funds that an unlicensed health care practitioner has violated any provision of this chapter, the director may take one or more of the following actions, only against the individual practitioner:
(1) revoke the right to practice;
(2) suspend the right to practice;
(3) impose limitations or conditions on the practitioner's provision of unlicensed health care practices, impose rehabilitation requirements, or require practice under supervision;
(4) assess against the practitioner the administrative costs of the proceedings instituted against him or her under this chapter; provided, that this assessment does not exceed ten thousand dollars ($10,000);
(5) censure or reprimand the practitioner;
(6) any other action justified by the case.
23-74-10. DISCOVERY - SUBPOENAS. - In all matters relating to the lawful activities of the office, the director may issue subpoenas and compel the attendance of witnesses and the production of all necessary papers, books, records, documents, and other evidentiary material. Any person failing or refusing to appear or testify regarding any matter about which the person may be lawfully questioned or failing to produce any papers, books, records, documents or other evidentiary materials in the matter to be heard, after having been required by order of the director or by a subpoena of the director to do so may, upon application to the district court in any district, be ordered to comply with the order or subpoena. The director may administer oaths to witnesses or take their affirmation. Depositions may be taken within or without the state in the manner provided by law for the taking of depositions in civil actions. A subpoena or other process may be served upon a person it names anywhere within the state by any officer authorized to serve subpoenas or other process in civil actions in the same manner as prescribed by law for service of process issued out of the district court of this state.
23-74-11. HEARINGS. - (a) If the director proposes to take action against the practitioner as described in this chapter and pursuant to section 23-1-22, the director must first notify the practitioner against whom the action is proposed to be taken and provide the practitioner with an opportunity to request a hearing. If the practitioner does not request a hearing by notifying the director within thirty (30) days after service of the notice of the proposed action, the director may proceed with the action without a hearing. If a hearing is requested, a hearing shall be scheduled by the director as soon as is practicable. The director shall, issue a notice of a hearing of the charges, which shall specify the time and place of the hearing and notify the accused that he or she may file with the director a written response within twenty (20) days of the date of service. The notice shall also notify the accused that a stenographic record of the proceedings will be kept, that he or she will have the opportunity to appear personally and to have counsel present with the right to produce witnesses and evidence in his or her own behalf, to cross examine witnesses, to examine any documentary evidence that may be produced against him or her and to have subpoenas issued by the director.
(b) The director may at the director's discretion reinstate the right to practice and may impose any disciplinary measure listed under this chapter. Provided, the time limits set forth herein shall control over any inconsistent or contrary provisions in section 23-1-22.
23-74-12. SUSPENSION. - (a) Penalties in suspension. In addition to any other remedy provided by law, the director may, acting through a person to whom the director has delegated this authority and without a hearing, suspend the right of an unlicensed health care practioner to practice if the director's delegate finds that the practitioner has violated a statute or rule that the director is empowered to enforce and continued practice by the practitioner would create an immediate risk of harm to others. The suspension is in effect upon service of a written order on the practitioner specifying the statute or rule violated. The order remains in effect until the director issues a final order in the matter after a hearing or upon agreement between the director and the practitioner. Service of the order is effective if the order is served on the practitioner or counsel of record personally or by first class mail. Within ten (10) days of service of the order, the director shall hold a hearing. Within five (5) working days after the hearing, the director shall issue an order.
(b) All findings in hearings under this chapter shall be made by clear and convincing evidence.
(c) Any practitioner aggrieved by an order of the director may appeal such order pursuant to the provisions of chapter 42-35, of the administrative procedures act.
(d) Automatic suspension. The right of an unlicensed health care practitioner to practice is automatically suspended if: (1) a guardian of an unlicensed health care practitioner is appointed by order of a court of competent jurisdiction; or (2) the practitioner is committed by order of a court. The right to practice remains suspended until the practitioner is restored to capacity by a court and upon petition by the practitioner; the director terminates the suspension after a hearing or upon agreement between the director and the practitioner.
23-74-13. LICENSED OR REGULATED PRACTITIONERS. - If a practitioner investigated under this chapter is licensed or registered by the director of health or a health-related licensing board, is subject to the jurisdiction of the director, and the director determines that the practitioner has violated any provision of this chapter, the director in addition to taking disciplinary action under this section:
(1) may, if the practitioner is licensed or regulated in another capacity by the director, take further disciplinary action against the practitioner in that capacity; or
(2) shall, if the practitioner is licensed or registered in another capacity by a health-related licensing board, report the director's findings under this section, and may make a nonbinding recommendation that the board take further action against the practitioner in that capacity.
23-74-14. ADDITIONAL REMEDIES. - (a) Cease and desist. (1) The director may issue a cease and desist order to stop a person from violating or threatening to violate a statute, rule, or order which the office has issued or is empowered to enforce. The cease and desist order must state the reason for its issuance and give notice of the person's right to request a hearing under the provisions of both this chapter and chapter 23-1. If, within fifteen (15) days of service of the order, the subject of the order fails to request a hearing in writing, the order is the final order of the director and is not reviewable by a court or agency.
(2) A hearing must be initiated by the office not later than thirty (30) days from the date of the office's receipt of a written hearing request. Within thirty (30) days of the hearing the director shall issue a final order modifying, vacating, or making permanent the cease and desist order, as the facts require. The final order remains in effect until modified or vacated by the director.
(3) When a request for a stay accompanies a timely hearing request, the director may, in the director's discretion, grant the stay. If the director does not grant a requested stay, the director shall refer the request to the superior court within three (3) working days of receipt of the request. Within ten (10) days after receiving the request from the director, a superior court judge shall issue an order to grant or deny the stay.
(4) In the event of noncompliance with a cease and desist order, the director may institute a proceeding in superior court to obtain injunctive relief or other appropriate relief, including a civil penalty payable to the department not exceeding ten thousand dollars ($10,000) for each separate violation.
(5) Injunctive relief. In addition to any other remedy provided by law, including the issuance of a cease and desist order under subsection (a), the director may in his or her own name, bring an action in superior court for injunctive relief to restrain an unlicensed health care practitioner from a violation or threatened violation of any statute, rule, or order which the director is empowered to regulate, enforce, or issue.
(b) Additional powers. The issuance of a cease and desist order or injunctive relief granted under this section does not relieve a practitioner from criminal prosecution by a competent authority or from disciplinary action by the director.
23-74-15. UNLICENSED HEALTH CARE CLIENT BILL OF RIGHTS. - (a) Scope. All unlicensed health care practitioners shall provide to each unlicensed health care client prior to providing treatment a written copy of the unlicensed health care client bill of rights. A copy must also be posted in a prominent location in the office of the unlicensed health care practitioner. Reasonable accommodations shall be made for those clients who cannot read or who have communication impairments and those who do not read or speak English. The unlicensed health care client bill of rights shall include the following.
(1) the name, unlicensed health care title, business address, and telephone number of the unlicensed health care practitioner;
(2) the degrees, training, experience, or other qualifications of the practitioner regarding the unlicensed health care being provided, followed by the following statement in bold print:
"The state of Rhode Island has not adopted any educational and training standards for unlicensed health care practitioners. This statement of credentials is for information purposes only.
Under Rhode Island law, an unlicensed health care practitioner may not provide a medical diagnosis. If a client desires a diagnosis from a licensed physician, chiropractor, or acupuncture practitioner, or services from a physician, chiropractor, nurse, osteopath, physical therapist, dietician, nutritionist, acupuncture practitioner, athletic trainer, or any other type of health care provider, the client may seek such services at any time";
(3) the name, business address, and telephone number of the practitioner's supervisor, if any;
(4) notice that an unlicensed health care client has the right to file a complaint with the practitioner's supervisor, if any, and the procedure for filing complaints;
(5) the name, address, and telephone number of the office of unlicensed health care practice and notice that a client may file complaints with the office;
(6) the practitioner's fees per unit of service, the practitioner's method of billing for such fees, the names of any insurance companies that agreed to reimburse the practitioner, or health maintenance organizations with whom the practitioner contracts to provide service, whether the practitioner accepts Medicare, medical assistance, or general assistance medical care, and whether the practitioner is willing to accept partial payment, or to waive payment, and in what circumstances;
(7) a statement that the client has a right to reasonable notice of changes in services or charges;
(8) a brief summary, in plain language, of the theoretical approach used by the practitioner in providing services to clients;
(9) notice that the client has a right to complete and current information concerning the practitioner's assessment and recommended service that is to be provided, including the expected duration of the service to be provided;
(10) a statement that clients may expect to be free from verbal, physical, or sexual abuse by the practitioner;
(11) a statement that client records and transactions with the practitioner are confidential, unless release of these records is authorized in writing by the client, or otherwise provided by law;
(12) a statement of the client's right to be allowed access to records and written information from records in accordance with the provisions of this chapter;
(13) a statement that the client has the right to choose freely among available practitioners and to change practitioners after services have begun, within the limits of health insurance, medical assistance, or other health programs;
(14) a statement that the client has a right to a coordinated transfer when there will be a change in the provider of services;
(15) a statement that the client may refuse services or treatment, unless otherwise provided by law; and
(16) a statement that the client may assert the client's rights without retaliation.
(b) Acknowledgement by client. Prior to the provision of any service, an unlicensed health care client must sign a written statement attesting that the client has received the unlicensed health care client bill of rights.
SECTION 2. This act shall take effect upon passage.
Respectfully submitted,
ARTHUR J. CORVESE
Representative, District 71
The motion to amend is read and prevails on a roll call vote, 85 members voting in the affirmative and 1 member voting in the negative as follows:
YEAS - 85: The Honorable Speaker Harwood and Representatives Aiken, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Callahan, Caprio, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Guthrie, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Knickle, Lally, Lanzi, Lewiss, Lima, Long, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palumbo, Picard, Pisaturo, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Simonian, Slater, Smith, Story, Tejada, Thompson, Trillo, Vieira, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS - 1: Representative Ajello.
Representatives Ajello, Costantino, Corvese and Watson discuss the act.
Representative Watson moves to recommit the act, seconded by Representative Cicilline, Fleury, Gorham and Callahan.
There is no objection.
The motion to recommit fails of passage, on a roll call vote, 20 members voting in the affirmative and 63 members voting in the negative as follows:
YEAS - 20: Representatives Aiken, Ajello, Almeida, Amaral, Callahan, Cicilline, Costantino, Crowley, Fleury, Gorham, Levesque, Long, Mumford, Rabideau, Savage, Scott, Story, Thompson, Trillo, Watson.
NAYS - 63: The Honorable Speaker Harwood and Representatives Anderson, M., Anderson, S., Anguilla, Barr, Benson, Brien, S., Brien, T., Caprio, Carter, Cerra, Coderre, Coelho, Coogan, Corvese, Dennigan, DeSimone, Faria, Fox, Gallison, Garvey, Giannini, Ginaitt, Guthrie, Henseler, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Lewiss, Malik, Martineau, McNamara, Menard, Montanaro, Moran, Moura, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palumbo, Picard, Pisaturo, Reilly, Rose, San Bento, Schadone, Shavers, Sherlock, Simonian, Slater, Smith, Sullivan, Tejada, Vieira, Wasylyk, Williams, Winfield.
Representative Trillo discusses the act.
Representative Corvese rises on a point of order for Representative Trillo to speak germane to the act.
The Honorable speaker rules for Representative Trillo to speak germane to the act.
Representative Trillo continues discussion of the act.
The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, on a roll call vote, 62 members voting in the affirmative and 19 members voting in the negative as follows:
YEAS - 62: The Honorable Speaker Harwood and Representatives Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Brien, T., Carter, Cerra, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Guthrie, Henseler, Hogan, Iwuc, Kennedy, Knickle, Lally, Lanzi, Lewiss, Long, Malik, Martineau, McNamara, Menard, Montanaro, Moran, Munschy, Murphy, W.J., Naughton, Palumbo, Picard, Pisaturo, Reilly, Rose, San Bento, Schadone, Shanley, Shavers, Sherlock, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Wasylyk, Winfield.
NAYS - 19: Representatives Ajello, Almeida, Brien, S., Callahan, Caprio, Cicilline, Fleury, Gorham, Kilmartin, Levesque, Moura, Mumford, Murphy, W.H., Rabideau, Savage, Scott, Story, Trillo, Watson.
HOLD ON THE DESK
Representative Moura requests to hold (02-H 7364) on the Desk.
There is no objection.
Also:
Representative Montanaro requests to hold (02-H 7114) and (02-H 6766) on the Desk.
There is no objection.
Also:
Representative Cicilline requests to hold (02-H 6766) on the Desk.
There is no objection.
NOW PRESIDING
At 5:50 o'clock P.M. the Honorable Speaker yields the rostrum to the Honorable Deputy Speaker.
CALENDAR
14. (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".
Representative Kennedy moves passage of the act, seconded by Representatives Lima, Munschy, Slater, Garvey and Coelho.
By unanimous consent, Representative Kennedy, seconded by Representatives Coelho and Garvey, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(02-H 7271) (Substitute "A")
Mr. Speaker:
I hereby move to amend (02-H 7271) (Substitute "A") entitled "AN ACT RELATING TO MOTOR AND OTHER VEHICLES," as follows:
On page 4, line 32, by adding the following language after the period ".": "Subject to the limitations set forth in this chapter: (1) an ("EPAMD") shall have the rights of a pedestrian but shall not have the rights and responsibilities of a motor vehicle; and (2) cities and towns may regulate the operation of an ("EPAMD") within their jurisdictions."
Respectfully submitted,
BRIAN PATRICK KENNEDY
Representative, District 16
Representatives Watson, Kennedy, Lima, Trillo, Lewiss, Gorham, McNamara, Corvese and Crowley discuss the amendment.
The motion to amend is read and prevails on a roll call vote, 69 members voting in the affirmative and 12 members voting in the negative as follows:
YEAS - 69: Representatives Aiken, Ajello, Almeida, Amaral, Anderson, S., Anguilla, Barr, Benson, Brien, S., Brien, T., Caprio, Carter, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Fox, Gallison, Garvey, Giannini, Ginaitt, Guthrie, Henseler, Hogan, Iwuc, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Lewiss, Lima, Long, Malik, Martineau, McCauley, Menard, Montanaro, Moran, Moura, Munschy, Murphy, W.H., Naughton, Palumbo, Picard, Pires, Pisaturo, Rabideau, Reilly, San Bento, Savage, Schadone, Scott, Shanley, Sherlock, Simonian, Slater, Smith, Story, Thompson, Vieira, Williams, Winfield.
NAYS - 12: Representatives Anderson, M., Callahan, Cerra, Fleury, George, Gorham, McNamara, Mumford, Rose, Shavers, Trillo, Watson.
Representatives Rabideau, Barr, S. Anderson, Kennedy, Trillo and Henseler 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, 42 members voting in the affirmative and 37 members voting in the negative as follows:
YEAS - 42: Representatives Aiken, Anguilla, Barr, Brien, S., Brien, T., Caprio, Carter, Cicilline, Coderre, Coelho, Coogan, Corvese, Dennigan, DeSimone, Faria, Garvey, Ginaitt, Guthrie, Hogan, Iwuc, Kennedy, Kilmartin, Knickle, Lally, Lewiss, Lima, Malik, Martineau, Menard, Montanaro, Munschy, Naughton, Picard, Reilly, San Bento, Schadone, Shanley, Sherlock, Simonian, Slater, Tejada, Winfield.
NAYS - 37: Representatives Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Benson, Bierman, Callahan, Cerra, Costantino, Fleury, Fox, Gallison, George, Gorham, Henseler, Lanzi, Levesque, Long, McNamara, Moran, Moura, Mumford, Murphy, W.H., Palumbo, Pires, Rabideau, Rose, Savage, Scott, Shavers, Story, Thompson, Trillo, Vieira, Watson, Williams.
Representative Watson requests to hold (02-H 7271) on the Desk.
There is no objection.
15. (02-H7236) An Act relating to property - recording of instruments.
Committee on Corporations recommends passage.
Representative Lewiss moves passage of the act, seconded by Representatives Anguilla, Scott, DeSimone and Coelho.
Read and passed, on a roll call vote, 76 members voting in the affirmative and 1 member voting in the negative as follows:
YEAS - 76: Representatives Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Callahan, Caprio, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, DeSimone, Faria, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Guthrie, Henseler, Hogan, Iwuc, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Malik, Martineau, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.J., Naughton, Palumbo, Picard, Pisaturo, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Sherlock, Simonian, Slater, Smith, Story, Thompson, Trillo, Vieira, Watson, Williams, Winfield.
NAYS - 1: Representative Gorham.
16. (02-H7842 as amended) An Act relating to state affairs and government - corrections department.
Committee on Judiciary recommends passage as amended.
Representative W.J. Murphy moves passage of the act, seconded by Representatives Gallison and Cicilline.
By unanimous consent, Representative Cicilline, seconded by Representative Lima, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(02-H 7842 as amended)
Mr. Speaker:
I hereby move to amend (02-H 7842 as amended) entitled "AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT - CORRECTIONS DEPARTMENT" as follows:
(1) On page 1, lines 2 and 3, by deleting the words "a sentence".
(2) On page 1, line 6, by deleting the words "a sentence of" and "a substitute for incarceration and is".
(3) On page 6, line 13, by striking the period "." and inserting a comma "," in place thereof; and by inserting the words "subject to the Administrative Procedures Act" after the word "governor".
Respectfully submitted,
DAVID N. CICILLINE
Representative, District 4
The motion to amend is read and prevails on a roll call vote, 61 members voting in the affirmative and 9 members voting in the negative as follows:
YEAS - 61: Representatives Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Callahan, Caprio, Carter, Cicilline, Coderre, Coelho, Coogan, Corvese, DeSimone, Faria, Fleury, Gallison, Garvey, Guthrie, Hogan, Iwuc, Jacquard, Kennedy, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Malik, Menard, Moura, Mumford, Murphy, W.H., Palumbo, Picard, Pisaturo, Rabideau, Rose, San Bento, Savage, Schadone, Scott, Sherlock, Simonian, Slater, Story, Thompson, Trillo, Vieira, Wasylyk, Watson, Williams, Winfield.
NAYS - 9: Representatives Cerra, George, Giannini, Gorham, Henseler, Kilmartin, Moran, Murphy, W.J., Naughton.
Read and passed, as amended, on a roll call vote, 74 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 74: Representatives Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Callahan, Caprio, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, DeSimone, Faria, Fleury, Gallison, Garvey, George, Giannini, Gorham, Guthrie, Henseler, Hogan, Iwuc, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Malik, Martineau, Menard, Montanaro, Moran, Moura, Munschy, Murphy, W.H., Murphy, W.J., Naughton, Palumbo, Picard, Pisaturo, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Sherlock, Simonian, Slater, Story, Thompson, Trillo, Vieira, Wasylyk, Watson, Williams, Winfield.
NAYS - 0.
17. (02-H7420) An Act relating to motor vehicles - responsibility of owners of rental vehicles.
Committee on Corporations recommends passage.
Representative Kennedy moves passage of the act, seconded by Representative Palumbo.
Representatives Sherlock, Kennedy, Watson, Martineau and Knickle discuss the act.
By unanimous consent, Representative Kennedy, seconded by Representatives Martineau, Coelho and Palumbo, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(02-H 7420)
Mr. Speaker:
I hereby move to amend (02-H 7420) entitled "AN ACT RELATING TO MOTOR VEHICLES - RESPONSIBILITY OF OWNERS OF RENTAL VEHICLES," as follows:
1. On page 1, line 3 by adding the following words and numbers following the word "passage", "and shall be repealed on June 3, 2004."
Respectfully submitted,
BRIAN PATRICK KENNEDY
Representative, District 16
Representative Kennedy, seconded by Representative Martineau, offers an oral motion to amend.
The motion to amend prevails, by unanimous consent, on a voice vote.
The amendment, as amended, is read and prevails on a roll call vote, 75 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 75: Representatives Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Callahan, Caprio, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, DeSimone, Faria, Fleury, Gallison, Garvey, George, Giannini, Gorham, Guthrie, Henseler, Hogan, Iwuc, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Malik, Martineau, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Naughton, Palumbo, Picard, Pisaturo, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Simonian, Slater, Story, Thompson, Trillo, Vieira, Wasylyk, Watson, Williams, Winfield.
NAYS - 0.
Representatives Levesque, Martineau and Knickle discuss the act.
Read and passed, as amended, on a roll call vote, 67 members voting in the affirmative and 9 members voting in the negative as follows:
YEAS - 67: Representatives Aiken, Almeida, Anderson, S., Anguilla, Barr, Benson, Brien, S., Brien, T., Caprio, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Fleury, Fox, Gallison, Garvey, George, Giannini, Guthrie, Henseler, Hogan, Iwuc, Kennedy, Kilmartin, Lally, Lanzi, Lewiss, Lima, Long, Malik, Martineau, Menard, Montanaro, Moran, Moura, Munschy, Murphy, W.H., Naughton, Palumbo, Picard, Pisaturo, Rabideau, Reilly, Rose, San Bento, Savage, Scott, Shanley, Shavers, Sherlock, Simonian, Slater, Thompson, Trillo, Vieira, Wasylyk, Williams, Winfield.
NAYS - 9: Representatives Ajello, Anderson, M., Bierman, Gorham, Knickle, Levesque, Mumford, Story, Watson.
Majority Leader Martineau requests to hold (02-H 7420) on the Desk.
There is no objection.
18. (02-H6647 as amended) An Act relating to education - school committees and superintendents.
Committee on Labor recommends passage as amended.
Representative Faria moves passage of the act, seconded by Representatives Munschy, Moran, Henseler, Carter, Coelho and S. Anderson.
Representatives Amaral, Crowley, Montanaro, Scott and Gorham discuss the act.
Read and passed, as amended, on a roll call vote, 72 members voting in the affirmative and 6 members voting in the negative as follows:
YEAS - 72: Representatives Aiken, Ajello, Almeida, Anderson, S., Anguilla, Barr, Benson, Bierman, Brien, S., Brien, T., Callahan, Caprio, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Fleury, Gallison, Garvey, George, Giannini, Guthrie, Henseler, Hogan, Iwuc, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, Lewiss, Lima, Long, Malik, Martineau, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Naughton, Palumbo, Picard, Pisaturo, Rabideau, Rose, San Bento, Savage, Schadone, Shanley, Shavers, Sherlock, Simonian, Slater, Story, Thompson, Trillo, Vieira, Wasylyk, Williams, Winfield.
NAYS - 6: Representatives Amaral, Anderson, M., Gorham, Reilly, Scott, Watson.
On suggestion of the Majority Leader, and by unanimous consent, the Calendar for today is continued to Wednesday, May 1, 2002.
CONSENT CALENDAR
From the Consent Calendar are taken:
1. (02-H7323) An Act relating to state affairs and government - mill building and economic revitalization act.
Committee on Corporations recommends passage.
2. (02-H7404) House Resolution encouraging all homeowner associations and landlords to obey the law and allow residents and tenants to exercise their lawful right to display the flag of the United States.
Committee on Corporations recommends passage.
3. (02-H7808) An Act relating to taxation - property subject to taxation.
Committee on Corporations recommends passage.
4. (02-H7922) An Act to vacate the forfeiture or revocation of the charter of A. Ricci, Inc.
Committee on Corporations recommends passage.
5. (02-H7923) An Act relating to the town of Exeter - juvenile hearing board.
Committee on Corporations recommends passage.
6. (02-H7932) An Act to vacate the forfeiture or revocation of the charter of Hmong Evangelical Church of the Christian and Missionary Alliance.
Committee on Corporations recommends passage.
7. (02-H7937) An Act relating to elections - Hopkinton.
Committee on Corporations recommends passage.
8. (02-H7956) An Act to vacate the forfeiture or revocation of the charter of Doraan Yachting, Inc.
Committee on Corporations recommends passage.
9. (02-S2898) An Act reinstating and restoring forfeited or revoked corporate charters.
Committee on Corporations recommends passage in concurrence.
Read and passed, item no. 9 in concurrence, on motion of Representative Martineau, seconded by Representative Watson, by unanimous consent, on a voice vote.
TRANSMITTAL
By unanimous consent, all matters on the Clerk's desk are ordered to be transmitted to His Excellency, the Governor, to the Honorable Secretary of State, and to the Honorable Senate forthwith, with the exception of (02-H 7364) (Substitute "A"), (02-H 7114), (02-H 6766) (Substitute "A"), (02-H 7420 as amended) and (02-H 7271) (Substitute "A" as amended).
ANNOUNCEMENTS
Representative Lally announces that the Committee on Judiciary will meet today at the rise of the House in Room 205 of the State House.
Also:
Representative Picard thanks the Speaker, the entire membership of the House, and staff, on behalf of his mother and family for all their thoughts and prayers in the passing of his father.
ADJOURNMENT
At 6:45 o'clock P.M. on motion of the Honorable Deputy Speaker Winfield and Representative Lowe, and as a further mark of respect to the memory of Patrick Keeley; on motion of Representative Story, and as a further mark of respect to the memory of Thomas N. Mellow, Jr.; on motion of Representative Williams, and as a further mark of respect to the memory of Steffany Dorsey; on motion of Representative Giannini, and as a further mark of respect to the memory of Patricia Nute; seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.
LINDA McELROY
Recording Clerk
Appendix
INVOCATION
REPRESENTATIVE CAROL A. MUMFORD
Almighty God, whose statutes are good and gracious and whose law is truth, grant that we may enact only such just and equitable laws as are pleasing to thee. Amen.
Appendix
PERSONAL PRIVILEGE REMARKS
HOUSE SPEAKER JOHN HARWOOD
At this time I wish to invoke House Rule 62(a) which allows a member to address the body on a question of personal privilege in reply to critical or derogatory remarks that have appeared in the media.
This is the first time in 22 years that I have used the personal privilege rule. I do so today because of the gravity of an allegation defaming my character that appeared in The Providence Journal on Saturday, April 27.
The allegation was made the previous day by a prosecution witness in the federal corruption trial of Providence Mayor Vincent A. Cianci, Jr.
This witness testified that a fellow prosecution witness, Angelo A. "Jerry" Mosca, Jr. told him that he (Mosca) had bribed other elected officials, including former Senate Majority Leader Paul S. Kelly and myself.
Every member of this House soon discovers that when you enter this chamber as an elected Representative you are no longer a private person.
We quickly learn that what we do and how we vote are closely watched by our constituents, the media, and countless organizations and groups with an interest in our work.
If we stay around long enough, we also learn that we will be criticized, sometimes in harsh personal attacks, by those who do not agree with our votes or with the public policies we approve. This an essential and necessary part of the legislative process.
Fair enough. No one forced us to run for these offices and each of us is man enough and woman enough to take the shots that come our way.
I am no exception. I have been the lightning rod for legislative critics and reformers for much of the 10 years I have served as your Speaker.
It goes with the territory and I have no problem with it. Nor have I ever complained about the negative treatment in the press, even if I believed the attacks were personal, untrue, or even libelous or slanderous.
However, I do have a major problem with the comments of David C. Ead, the prosecution witness who testified last Friday of hearsay bribery allegations.
That crossed the line.
I understand what was said was in a public federal jury trial and that the press has every right to report on such court testimony.
My point today is that service in the General Assembly doesn't mean we give up our right to defend ourselves from unjust and baseless accusations.
That is why I have taken the unusual step today to invoke our personal privilege rule. I have never been more angry than I have been the past few days.
My name has been falsely dragged into the corruption trial now underway in the Federal District Court.
Mr. Mosca is someone I knew as a rank-and-file legislator when he was Director of Legislative Council. It was a simple: "Hi, how are you doing" relationship that legislators have with legislative staff. I never had a personal or business dealing with Mr. Mosca.
I have not even seen Mr. Mosca in more than six or seven years. In the 10 years that I have been Speaker of the House , my conversations with Mr. Mosca in that time do not total one minute of time.
I never met with him and he has never set foot in my third-floor State House office.
However, I must give Mr. Mosca the benefit of the doubt. I will wait to hear from Mr. Mosca when he testifies later in this trial.
This allegation strikes at the heart of everything I value - my wife and children, my work as a lawyer, as a legislator and as your Speaker. And it strikes at the heart of my reputation.
I am angry because the allegation is untrue. I play hard and I work hard at everything I do. But I play clean and I play within the rules.
Accepting a bribe has never been on my radar screen. It's not only illegal. It is plain stupid. It is a greedy betrayal of the trust given an elected official by those who voted for him.
In the statement I issued to The Providence Journal Sunday afternoon, I called on Mr. Ead or Mr. Mosca to bring their allegations to the U.S. Attorney.
That's the proper forum, not a one-line character assassination tossed out in a highly sensational court proceeding. For my part, I will do whatever it takes to defend my family, my reputation, and my service to the General Assembly, including, if necessary, seeking an appropriate legal remedy.
Not to do so would tarnish the office of the Speaker of the House
. For me to tolerate such an allegation would undermine the integrity of this institution, which has been an effective voice of the people of Rhode Island for more than 330 years.
What I have said here today, I said not only for myself, but for all the members of this house. For in many ways, a false, unsubstantiated attack on one member, is an attack on all.
I have and will always be proud of the House of Representatives, its members, and its service to the people of Rhode Island. I felt this needed to be said.
On behalf of myself and my family, thanks to all of you for your kind thoughts and expressions of support.
Appendix
TRANSMITTED TO THE GOVERNOR
(02-S 2898) An Act reinstating and restoring forfeited or revoked corporate charters.
Appendix
CONSENT CALENDAR
In order for Wednesday, May 1, 2002:
1. (02-H6942) An Act relating to veterans' tax exemption - Exeter.
Committee on Corporations recommends passage.
LOUIS D'ANTUONO
Clerk of the House
Tuesday, April 30, 2002
Appendix
CALENDAR
In order for Wednesday, May 1, 2002:
1. (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".
2. (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".
3. (02-H7682 as amended) An Act relating to health and safety - amusement ride safety.
Committee on Labor recommends passage as amended.
4. (02-H6658) (Substitute "A") An Act making revised appropriations for the support of the state for the fiscal year ending June 30, 2002.
Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A".
5. (02-H6731) An Act relating to disabled American veterans - educational benefits.
Joint Committee on Veterans' Affairs recommends passage.
6. (02-H6806) An Act relating to mutual aid agreements.
Committee on Corporations recommends passage.
7. (02-H7704 as amended) An Act relating to towns and cities - emergency police power.
Committee on Corporations recommends passage as amended.
8. (02-H7149) (Substitute "A") An Act relating to labor and labor relations - genetic testing as a condition of employment.
Committee on Labor recommends indefinite postponement of the original bill and passage of Substitute "A".
Appendix
CALENDAR
In order for Thursday, May 2, 2002:
1. (02-H7150) An Act relating to labor relations act.
Committee on Labor recommends passage.
2. (02-H6909) An Act relating to whistleblowers' protection.
Committee on Labor recommends passage.
3. (02-H7048) An Act relating to labor and labor relations - inspection of personnel files.
Committee on Labor recommends passage.
4. (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.
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.
6. (02-H7299) An Act relating to health and safety - pain assessment act.
Committee on Health, Education and Welfare recommends passage.
7. (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".
Appendix
CALENDAR
In order for Tuesday, May 7, 2002:
1. (02-S2262) An Act relating to military affairs and defense - extension of veterans' benefits.
Joint Committee on Veterans' Affairs recommends passage in concurrence.
Appendix
CALENDAR
In order for Thursday, May 9, 2002:
1. (02-H7718) An Act relating to labor and labor relations - minimum wages.
Committee on Labor recommends passage.
LOUIS D'ANTUONO
Clerk of the House
Tuesday, April 30, 2002
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