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 sixth day of January in the year of Our Lord one thousand nine hundred and ninety-eight.
Volume 125, No. 11 Wednesday, January 28, 1998 Eleventh Day


The House of Representatives meets at the State House in Providence, Wednesday, January 28, 1998, and is called to order at 3:13 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:

PRESENT - 94: The Honorable Speaker Harwood and Representatives Aiken-Salandria, Ajello, Amaral, Anderson, S. Anzeveno, Barone, Barr, Benoit, Benson, Bierman, Callahan, Cambio, Carpenter, Carroll, Carter, Caruolo, Castro, Cicilline, Coderre, Coelho, Costantino, Crowley, Dennigan, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garvey, George, Giannini, Ginaitt, Heffner, Henseler, Hetherington, Iannitelli, Inman, Iwuc, Jacquard, Kelley, Kelso, Kennedy, Kilmartin, Lally, Lanzi, Levesque, C., Levesque, G., Lima, Little, Long, Lopes, Malik, Martineau, McCauley, McGowan, McNamara, Menard, Mesolella, Metts, Millard, Montalbano, Montanaro, Moura, Munschy, Murphy, Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Quick, Rabideau, Reilly, Rose, Russo, Salisbury, San Bento, Scott, Shavers, Sherlock, Simonian, Slater, Smith, Voccola, Walter, Wasylyk, Watson, Williams, Williamson, Winfield.

ABSENT - 6: Representatives Anderson, M., Bramley, Burlingame, Campbell, Lowe, Panciera.

INVOCATION

The Honorable Speaker presents Representative Iwuc, 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, January 27, 1998,is approved as printed.

ANNOUNCEMENTS
There will be a change in the meeting time of the House of Representatives from 3:00 p.m. to 6:00 p.m. tomorrow, January 29. This is due to the fact that the Governor has asked to address a joint meeting of the House and Senate at 7:00 p.m.

Also:

Representative Lima congratulates Representative David Cicilline on being named as one of the Top Fifty Lawyers in Rhode Island. He was also named as one of the Top Five Defense Lawyers in the State.

Representatives Moura and Castro also commend Representative Cicilline.

Also:

Representative Ferguson welcomes his intern, Andrea Licata to the House Chambers.

Also:

Representative Ferguson announces that the Sub-Committee on Finance - Department of Corrections will meet today at the rise of the House in Room 35 of the State House.

Also:

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

Also:

Representative Kennedy announces that the Committee on Corporations will not be meeting tomorrow.

Also:

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

Also: By agreement of the majority and the minority, the Parliamentarian will read the remaining New Business into the record.

There is no objection.

NEW BUSINESS


Representatives Amaral, Henseler and 6. Levesque introduce (98-H 7576) An Act relating to bicycle helmets.

Read and referred to the Joint Committee on Highway Safety.

Representatives Amaral, Henseler and 6. Levesque introduce (98-H 7577) An Act relating to bicycle helmets.

Read and referred to the Joint Committee on Highway Safety.

Representative Fleury introduces (98-H 7578) Joint Resolution making an appropriation of $10,000 for Pawtucket River Authority.

Read and referred to the Committee on Finance.

Representatives Kilmartin and Malik introduce (98-H 7579) An Act relating to state affairs and government - state lottery.

Read and referred to the Committee on Finance.

Representatives Montalbano, Henseler, San Bento and Kelso introduce (98-H 7580) An Act relating to state lottery.

Read and referred to the Committee on Finance.

Representative Picard introduces (98-H 7581) An Act relating to campaign audits.

Read and referred to the Committee on Finance.

Representative Fleury introduces (98-H 7582) Joint Resolution making an appropriation of $35,000 for Big Brothers of Rhode Island.

Read and referred to the Committee on Finance.

Representative S. Anderson introduces (98-H 7583) An Act relating to criminal procedure.

Read and referred to the Committee on Judiciary.

Representatives Cicilline, Ajello, Hetherington, Coderre and Lima introduce (98-H 7584) An Act relating to the code of ethics

Read and referred to the Committee on Judiciary.

Representatives Ajello, Carpenter, Barone, Russo, Fox and several other members of the House introduce (98-H 7585) An Act relating to criminal offenses - crimes against nature.

Read and referred to the Committee on Judiciary.

Representatives Henseler and Salisbury introduce (98-H 7586) House Resolution revising the time of the meeting of the House of Representatives for the legislative day of January 29, 1998.

Representative Henseler requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Henseler and Salisbury introduce (98-H 7587) House Resolution inviting His Honor, the Presiding Officer of the Senate, and the Honorable Senate to join the House of Representatives in Joint Session for the purpose of receiving the State of the State Address of His Excellency, the Governor.

Representative Benson requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Benson, seconded by Representative Rabideau, and 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, and to the Honorable Senate forthwith.

NEW BUSINESS


Representatives Henseler, Ginaitt, Naughton, Cambio, Carter and several other members of the House introduce (98-H 7588) An Act relating to businesses and professions - Board of Medical Licensure and Discipline.

Read and referred to the Committee on Corporations.

Representatives Henseler, Ginaitt, Naughton, Benson, Carter and several other members of the House introduce (98-H 7589) An Act relating to insurance - prompt payment of health care services.

Read and referred to the Committee on Corporations.

Representatives Henseler, Naughton, Cambio, Ginaitt, Carter and several other members of the House introduce (98-H 7590) An Act relating to insurance coverage - genetic testing.

Read and referred to the Committee on Corporations.

Representatives Castro, Slater, Fox, Giannini and Costantino introduce (98-H 7591) An Act relating to insurance.

Read and referred to the Committee on Corporations.

Representative Picard introduces (98-H 7592) An Act relating to veterans' affairs law enforcement on property under the jurisdiction of the United States Department of Veterans' Affairs.

Read and referred to the Joint Committee on Veterans Affairs.

Representative Faria introduces (98-H 7593) Joint Resolution creating a special legislative commission to study the feasibility of allowing unionized classified employees at all higher education institutions to be able to negotiate directly with the Rhode Island Board of Governors.

Read and referred to the Committee on Labor.

Representatives Benson, Carter, Kelley, Rabideau, Walter and several other members of the House introduce (98-H 7594) An Act relating to holidays and days of special observance.

Read and referred to the Committee on Labor.

Representative Pisaturo introduces (98-H 7595) An Act establishing a new state song.

Read and referred to the Committee on Special Legislation.

Representative Reilly introduces (98-H 7596) House Resolution respectfully requesting the State Traffic Commission to install a traffic control light in the town of Cumberland.

Read and referred to the Joint Committee on Highway Safety.

Representative Moura introduces (98-H 7597) An Act relating to taxation - tax incentive for new home builders.

Read and referred to the Committee on Finance.

Representatives Reilly, San Bento, McNamara, Giannini and Kelso introduce (98-H 7598) An Act relating to criminal procedure.

Read and referred to the Committee on Judiciary.

Representatives Cambio, Coelho, Henseler, Farrell, Garvey and several other members of the House introduce (98-H 7599) House Resolution memorializing U.S. Congress to investigate cable television rates.

Read and referred to the Committee on Corporations.

Representatives San Bento, Kelso, Reilly and Montalbano introduce (98-H 7600) An Act relating to imposing a maximum income tax rate on business income for individuals.

Read and referred to the Committee on Finance.

Representatives Cicilline, Williams, Moura, Costantino and Lima introduce (98-H 7601) An Act relating to human services- anti-poverty funds.

Read and referred to the Committee on Finance.

Representatives Flaherty, Williamson and Faria introduce (98-H 7602) An Act relating to taxation.

Read and referred to the Committee on Finance.

Representatives S. Anderson, Inman, George and Murphy introduce (98-H 7603) An Act relating to motor and other vehicles - registration of vehicles.

Read and referred to the Committee on Special Legislation.

Representative Inman introduces (98-H 7604) Joint Resolution to approve and publish, and submit to the electors a proposition of amendment to the Constitution of the State (sunset session of the General Assembly).

Read and referred to the Committee on Special Legislation.

Representatives Malik, Iwuc, Rose, Munschy, Dennigan and several other members of the House introduce (98-H 7605) An Act relating to motor and other vehicles school buses.

Read and referred to the Joint Committee on Highway Safety.

Representatives Malik and Millard introduce (98-H 7606) An Act relating to waters and navigation - harbors and harbor lines.

Read and referred to the Joint Committee on Environment and Energy.

Representatives Palumbo, Carpenter, McNamara, Bar one and Hetherington introduce (98-H 7607) An Act relating to fish and wildlife -commercial gill net fishery.

Read and referred to the Joint Committee on Environment and Energy.

Representatives Palumbo, McNamara, Carpenter, Barone, Coderre and Hetherington introduce (98-H 7608) An Act relating to commercial fisheries.

Read and referred to the Joint Committee on Environment and Energy.

Representative Moura introduces (98-H 7609) An Act relating to criminal offenses.

Read and referred to the Committee on Judiciary.

Representatives McNamara, Bierman, Carpenter, Palangio, Giannini and Lima introduce (98-H 7610) An Act relating to criminal procedure -criminal royalties distribution to crime victims.

Read and referred to the Committee on Judiciary.

Representatives Ajello, Barone, Hetherington, Carpenter, C. Levesque and Dennigan introduce (98-H 7611) An Act relating to health and safety informed consent for abortions.

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

Representatives Moura, McNamara, S. Anderson, Smith and Slater introduce (98-H 7612) An Act relating to education.

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

Representative Moura introduces (98-H 7613) An Act relating to insurance.

Read and referred to the Committee on Corporations.

Representative Moura introduces (98-H 7614) Joint Resolution making an appropriation of $40,000 for Latino Family Service.

Read and referred to the Committee on Finance.

Representatives Reilly, San Bento, McNamara, Kelso and Carter introduce (98-H 7615) An Act relating to education trust fund.

Read and referred to the Committee on Finance.

Representative Moura introduces (98-H 7616) An Act relating to public officers and employees.

Read and referred to the Committee on Finance.

Representatives Cicilline, Aiken-Salandria, Ajello, Anzeveno, Williams and several other members of the House introduce (98-H 7617) An Act relating to alcoholic beverages -- retail licenses.

Read and referred to the Committee on Special Legislation.

Representative Fleury introduces (98-H 7618) Joint Resolution making an appropriation of $40.00 to pay the claim of Richard Hoppman of 1866 New London Avenue, West Warwick, Rhode Island 02893.

Read and referred to the Joint Committee on Accounts and Claims.

Representatives McNamara and Moura intro duce (98-H 7619) An Act relating to school-to-work programs- workers' compensation.

Read and referred to the Committee on Labor.

Representatives McNamara and Moura introduce (98-H 7620) An Act relating to employment and training.

Read and referred to the Committee on Labor.

Representatives Dennigan, Shavers and Farrell introduce (98-H 7621) An Act relating to bicycles - helmets.

Read and referred to the Joint Committee on Highway Safety.

Representatives Dennigan, Costantino, Benoit, Ajello and Wasylyk introduce (98-H 7622) An Act relating to insurance.

Read and referred to the Committee on Corporations.

Representatives Picard, Cambio, Iannitelli and Long introduce (98-H 7623) Joint Resolution to approve and publish, and submit to the electors a proposition of amendment to the constitution of the state (initiative and referendum).

Read and referred to the Committee on Judiciary.

Representatives Slater, Carpenter, Giannini, Costantino and Metts introduce (98-H 7624) Joint Resolution making an appropriation of $3,000 for the Elmwood Little League.

Read and referred to the Committee on Finance.

Representatives Slater, Carpenter, Giannini, Williams, Carter and several other members of the House introduce (98-H 7625) Joint Resolution making an appropriation of $40,000 for the IndoChinese Advocacy Group.

Read and referred to the Committee on Finance.

Representatives Carter, Benson and Coelho introduce (98-H 7626) An Act relating to traffic control devices.

Read and referred to the Joint Committee on Highway Safety,

Representatives Carter, Benson and Coelho introduce (98(H 7627) An Act relating to traffic control devices.

Read and referred to the Joint Committee on Highway Safety.

Representatives Slater, Carpenter, Giannini, Costantino, Fox and several other members of the House introduce (98-H 7628) An Act relating to health and safety.

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

Representatives Dennigan and Reilly introduce (98-H 7629) An Act relating to insurance - third party reimbursement.

Read and referred to the Committee on Corporations.

Representatives Dennigan, Benoit, Malik and Wasylyk introduce (98-H 7630) Joint Resolution memorializing Congress to implement a national data bank documenting persons convicted of child abuse.

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

Representatives Long, Kelley, Campbell and Iannitelli introduce (98-H 7631) An Act relating to criminal procedure identification and apprehension of criminals.

Read and referred to the Committee on Judiciary.

Representatives Kelley, Rabideau, Walter and Metts introduce (98-H 7632) An Act relating to law practice - bonding of lawyers.

Read and referred to the Committee on Judiciary.

Representatives Dennigan, Benoit, Costantino and Wasylyk introduce (98-H 7633) An Act relating to health and safety - health care services - utilization review.

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

Representatives Long, Walter, Millard, Rabideau and Iannitelli introduce (98-H 7634) An Act relating to motor vehicle offenses- driving under the influence.

Read and referred to the Committee on Judiciary.

Representatives Walter and Campbell introduce (98-H 7635) An Act relating to motor and other vehicles - registration fees.

Read and referred to the Committee on Finance.

Representatives Millard, Long and Campbell introduce (98-H 7636) An Act relating to criminal offenses - weapons.

Read and referred to the Committee on Judiciary.

Representatives Campbell and Iannitelli introduce (98-H 7637) An Act relating to holidays and days of special observance- work permits on Sunday.

Read and referred to the Committee on Labor.

Representatives Campbell, Kelley and Scott introduce (98-H 7638) An Act relating to state affairs and government - retirement of members of the state police.

Read and referred to the Committee on Finance.

Representatives Dennigan, Benoit, Wasylyk and Farrell introduce (98-H 7639) An Act relating to state affairs and government.

Read and referred to the Committee on Finance.

Representatives Salisbury and Kelley introduce (98-H 7640) An Act relating to state affairs and government - childrens' cabinet.

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

Representatives Long, Campbell and Kelley introduce (98-H 7641) An Act relating to criminal procedures - statute of limitations.

Read and referred to the Committee on Judiciary.

Representatives Kelley, Rabideau and Walter introduce (98-H 7642) An Act relating to dishonest attorneys.

Read and referred to the Committee on Judiciary.

Representative Picard introduces (98-H 7643) An Act relating to elections - campaign contributions.

Read and referred to the Committee on Finance.

Representative Salisbury introduce (98-H 7644) Joint Resolution making an appropriation of $2,029.50 to pay the claim of Ernest J. Heon, Jr. of 173 Brandy Brook Road, North Scituate, Rhode Island 02857.

Read and referred to the Joint Committee on Account and Claims.

Representatives Campbell, Long and Iannitelli introduce (98-H 7645) An Act relating to expungement of criminal records.

Read and referred to the Committee on Judiciary.

Representatives Millard, Long, Walter and Iannitelli introduce (98-H 7646) An Act relating to alcoholic beverages - identification cards.

Read and referred to the Committee on Special Legislation.

TRANSMITTAL

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

ADJOURNMENT

At 3:22 o'clock P.M. on motion of Representative Carroll, and as a further mark of respect to the memory of Michael Brown; on motion of Representatives Kelley and Carter, and as a further mark of respect to the memories of Rudolph Raitano and Isabel Lewis Ferraro, seconded by Representatives Flaherty and Long, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix

INVOCATION

REPRESENTATIVE DAVID S. IWUC

Lord, may it be Thy will, not our own, which governs our deliberations this day. Amen.



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