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. 24 Thursday, March 5, 1998 Twenty-fourth Day


The House of Representatives meets at the State House in Providence, Thursday, March 5, 1998, and is called to order at 3:08 o'clock P.M., by the Honorable John B. Harwood, Speaker.

The roll is called and a quorum is declared present with 89 members present and 11 members absent as follows:

PRESENT - 89; The Honorable Speaker Harwood and Representatives Aiken-Salandria, Ajello, Amaral, Anderson, M., Anderson, S., Barone, Barr, Benoit, Benson, Bierman, Burlingame, Callahan, Carpenter, Carroll, Carter, Caruolo, Castro, Coderre, Coelho, Costantino, Crowley, Dennigan, DeSimone, Faria, Farrell, Flaherty, Fleury, Fox, Garvey, George, Giannini, Ginaitt, Heffner, Henseler, Hetherington, Iannitelli, Inman, Iwuc, Jacquard, Kelley, Kelso, Kennedy, Kilmartin, Lally, Lanzi, Levesque, C., Lima, Little, Long, Lowe, Malik, Martineau, McGowan, McNamara, Menard, Mesolella, Metts, Millard, Montalbano, Montanaro, Moura, Munschy, Murphy, Naughton, Palangio, Palumbo, Panciera, Picard, Pires, Pisaturo, Quick, Rabideau, Reilly, Rose, Russo, Salisbury, San Bento, Sherlock, Simonian, Slater, Smith, Voccola, Walter, Wasylyk, Watson, Williams, Williamson, Winfield.

ABSENT - 11: Representatives Anzeveno, Bramley, Cambio, Campbell, Cicilline, Ferguson, Levesque, G., Lopes, McCauley, Scott, Shavers.

INVOCATION




The Honorable Speaker presents Representative Munschy, 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 Wednesday, March 4, 1998, is approved as printed.

COMMUNICATION FROM THE SENATE

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

(98-S 2342 as amended) An Act relating to courts.

Read and referred to the Committee on Judiciary.

(98-S 2267) An Act relating to judicial selection.

Read and referred to the Committee on Judiciary.

(98-S 2263) An Act relating to state affairs and government Children's Cabinet.

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

(98-S 2768) An Act relating to health and safety - long term health care goal and values.

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

(98-S 2405) An Act relating to the uniform commercial code.

Read and referred to the Committee on Judiciary.

(98-S 2750) An Act relating to state affairs -Rhode Island greenways.

Read and referred to the Committee on Special Legislation.

(98-S 2878) Joint Resolution reinstating the life of and extending the reporting and expiration dates of the special legislative commission to review statewide recycling efforts and to make recommendations therefor.

Read and referred to the Committee on Special Legislation.

(98-S 2638) An Act incorporating the Rhode Island Commission for National Community Service.

Read and referred to the Committee on Special Legislation.

(98-S 2407) An Act relating to motor vehicles - special registration plate - Newport Police Chief retired.

Read and referred to the Committee on Special Legislation.

(98-S 2108) An Act relating to furbearing animals.

Read and referred to the Committee on Special Legislation.

ANNOUNCEMENTS


Representative Kilmartin will be out of state on business and unable to attend session on March 10, 11 and 12.

Also:

Representative Lopes will be unable to attend session today due to illness.

NOTICES OF BILL/RESOLUTION


INTRODUCTION


Representative Giannini gives notice that on the next legislative day she will introduce a measure concerning health insurance coverage. This notice is given in compliance with House Rule 41.

JOANNE M. GIANNINI
Representative, District 7

Received and ordered to be placed on file.

Representative Reilly gives notice that on the next legislative day he will introduce a measure concerning and relating to tobacco and children. This notice is given in compliance with House Rule 41.

DONALD 0. REILLY, JR.
Representative, District 67

Received and ordered to be placed on file.

Representative Reilly gives notice that on the next legislative day he will introduce a measure concerning health and safety. This notice is given in compliance with House Rule 41.

DONALD O. REILLY, JR.
Representative, District 67

Received and ordered to be placed on file.

Representative Montanaro gives notice that on the next legislative day he will introduce a measure concerning tests enforcement. This notice is given in compliance with House Rule 41.

FRANK A. MONTANARO
Representative, District 24

Received and ordered to be placed on file.

Representative Montanaro gives notice that on the next legislative day he will introduce a measure concerning criminal procedure. This notice is given in compliance with House Rule 41.

FRANK A. MONTANARO
Representative, District 24

Received and ordered to be placed on file.

Representative Montanaro gives notice that on the next legislative day he will introduce a measure concerning telephone service. This notice is given in compliance with House Rule 41.

FRANK A. MONTANARO
Representative, District 24

Received and ordered to be placed on file.

Representative Montanaro gives notice that on the next legislative day he will introduce a measure concerning police arbitration. This notice is given in compliance with House Rule 41.

FRANK A. MONTANARO
Representative, District 24

Received and ordered to be placed on file.

Representative Montanaro gives notice that 'on the next legislative day he will introduce a measure concerning labor relations. This notice is given in compliance with House Rule 41.

FRANK A. MONTANARO
Representative, District 24

Received and ordered to be placed on file.

Representative Montanaro gives notice that on the next legislative day he will introduce a measure concerning motor vehicles. This notice is given in compliance with House Rule 41.

FRANK A. MONTANARO
Representative, District 24

Received and ordered to be placed on file.

Representative Montanaro gives notice that on the next legislative day he will introduce a measure concerning labor relations. This notice is given in compliance with House Rule 41.

FRANK A. MONTANARO
Representative, District 24

Received and ordered to be placed on file.

Representative Montanaro gives notice that on the next legislative day he will introduce a measure concerning arrest. This notice is given in compliance with House Rule 41.

FRANK A. MONTANARO
Representative, District 24

Received and ordered to be placed on file.

Representative Montanaro gives notice that on the next legislative day he will introduce a measure concerning criminal offenses. This notice is given in compliance with House Rule 41.

FRANK A. MONTANARO
Representative, District 24

Received and ordered to be placed on file.

Representative Smith gives notice that on the next legislative day he will introduce a measure concerning fire and police. This notice is given in compliance with House Rule 41.

STEVEN F. SMITH
Representative, District 12

Received and ordered to be placed on file.

Representative Salisbury gives notice that on the next legislative day he will introduce a measure concerning governmental tort immunity. This notice is given in compliance with House Rule 41.

WAYNE L. SALISBURY
Representative, District 54

Received and ordered to be placed on file.

REPORTS OF COMMITTEES


Representative Benoit, for the Committee on Health, Education and Welfare, reports back the following measure (98-H 8337), with recommendation of transfer to the Committee on Finance:

(98-H 8337) An Act relating to motor and other vehicles - motor vehicle emissions inspection program. Received and referred to the Committee on Finance.

Representative Kennedy, for the Committee on Corporations, reports back the following measure (98-H 7809), with recommendation of passage:

(98-H 7809) An Act relating to deceptive trade practices - appliances.

Received and ordered to be placed on the Calendar.

Representative Kennedy, for the Committee on Corporations, reports back the following measure (98-H 7965), with recommendation of transfer to the Committee on Finance:

(98-H 7965) An Act relating to taxation. Received and referred to the Committee on Finance.

NEW BUSINESS


Representative Castro introduces (98-H 8751) Joint Resolution making an appropriation of $15,000 for Washington Park Community Center.

Read and referred to the Committee on Finance.

Representative S. Anderson introduces (98-H 8752) Joint Resolution making an appropriation of $172.66 to pay the claim of Ronald Oakes of 73 Maynard Street, Pawtucket, Rhode Island 02860.

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

Representatives S. Anderson, Montanaro and Moura introduce (98-H 8753) An Act relating to arbitration of municipal employees (except police officers, fire fighters and certified school teachers) disputes.

Read and referred to the Committee on Labor.

Representatives Henseler, Benson and Carter introduce (98-H 8754) An Act relating to education.

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

Representatives Iwuc, Reilly, Menard and Munschy introduce (98-H 8755) Joint Resolution making an appropriation of$500,000 for Cumberland High School for health and safety reasons.

Read and referred to the Committee on Finance.

Representatives San Bento, Faria, Reilly, Moura, Carter and several other members of the House introduce (98-H 8756) An Act relating to sales and use taxes - liability and computation.

Read and referred to the Committee on Finance.

Representatives Caruolo, Long and Henseler introduce (98-H 8757) House Resolution extending congratulations.

Representative Caruolo requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Caruolo, Long and Henseler introduce (98-H 8758) House Resolution extending congratulations.

Representative Caruolo requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Caruolo, Long and Henseler introduce (98-H 8759) House Resolution extending condolences.

Representative Caruolo requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Fox, Costantino, Slater, Giannini and Carter introduce (98-H 8760) Joint Resolution making an appropriation of $8,500,000 for the Department of Mental Health, Retardation and Hospitals.

Read and referred to the Committee on Finance.

ANNOUNCEMENTS


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 C. Levesque announces that the Committee on Special Legislation will meet today at the rise of the House.

Also:

Representative Faria announces that the Committee on Labor will meet today at the rise of the House in Room 135 of the State House.

Also:

Representative Garvey announces that the Committee on Judiciary will meet today at the rise of the House.

Also: By unanimous consent, Majority Leader Caruolo announces there will be no session on Friday, March 6, but Committees will still meet.

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 3:20 o'clock P.M. on motion of Representative Coderre, and as a further mark of respect to the memory of Sue Ellen Pompili; on motion of Representative Slater, and as a further mark of respect to the memory of Anna Daniels, seconded by Representatives Caruolo and Long, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION



REPRESENTATIVE RONALD C. MUNSCHY

Almighty God, we ask that you help us as we try to make Rhode Island a better place.Amen.



Appendix

CALENDAR


In order for Wednesday, March 11, 1998:

1. (98-H 7199) (Substitute "A") An Act relating to offenses pertaining to schools. Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".

Appendix

CALENDAR


In order for Thursday, March 12, 1998:

1. (98-H 7809) An Act relating to deceptive trade practices- appliances. Committee on Corporations recommends passage.

LOUIS D'ANTUONO
Reading Clerk

Thursday, March 5, 1998





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