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. 45 |
Thursday, April 30, 1998 |
Forty-fifth Day |
The House of Representatives meets at the State House in Providence, Thursday, April 30, 1998, and is called to order at 3:10 o'clock P.M., by the Honorable Frank J. Anzeveno, Jr., Deputy Speaker.
The roll is called and a quorum is declared present with 91 members present and 9 members absent as follows:
PRESENT - 91: Representatives Aiken-Salandria, Ajello, Amaral, Anderson, M., Anderson, 5., Anzeveno, Barone, Barr, Benoit, Benson, Bierman, Bramley, Burlingame, Callahan, Carpenter, Carroll, Carter, Caruolo, Castro, Coderre, Coelho, Costantino, Crowley, l)ennigan, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garvey, Giannini, Ginaitt, Heffner, Henseler, Hetherington, Iannitelli, Inman, Iwuc, Jacquard, Kelley, Kelso, Kennedy, Kilmartin, Lanzi, Levesque, C., Levesque, 6., Lima, Little, Long, Lopes, Lowe, Malik, Martineau, McCauley, McGowan, McNamara, Menard, Metts, Millard, Montalbano, Montanaro, Moura, Munschy, Murphy, Naughton, Palangio, Palumbo, Panciera, Picard, Pires, Pisaturo, Quick, Rabideau, Reilly, Rose, Russo, Salisbury, Shavers, Sherlock, Simonian, Slater, Smith, Voccola, Walter, Wasylyk, Watson, Williams, Williamson, Winfield.
ABSENT - 9: The Honorable Speaker Harwood and Representatives Cambio, Campbell, Cicilline, George, Lally,
Mesolella, San Bento, Scott.
INVOCATION
The Honorable Deputy Speaker presents Representative Picard, 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, April 29, 1998, is approved as printed.
AT EASE
At 3:14 o'clock P.M. the Honorable Deputy Speaker declares the House to be at ease.
ORDER
At 3:17 o'clock P.M. the Honorable Deputy Speaker calls the House to order.
ANNOUNCEMENTS
Representative David Cicilline will be out-of-state on business and unable to attend session today.
Also:
Representative Myrna George will be unable to attend session today, April 30, 1998 due to illness.
GUESTS
Representative Bierman weclomes to the House as guests Joe Rouleau, and his mother Claudia Rouleau, along with students from Cranston West School as follows:
Sabrina Rihani, Marcel Nadeau, Stephen Aiello, Adolfo Ionkoff, Lindsey Hannouch, Mike Matares, and Amanda Rouleau, sister of Joe Rouleau.
Representative Inman also welcomes to the House Chambers the students from Cranston West.
Also:
Representative Williams welcomes to the House as guests Mrs. Nancy Speaks along with her daughter Dwana and her friend Alexis.
NOTICE OF BILL/RESOLUTION INTRODUCTION
Representative Winfield gives notice that on the next legislative day he will introduce a measure concerning the Rhode Island Clean Water Finance Agency.
This notice is given in compliance with House Rule 41.
TIMOTHY J. WINFIELD
Representative, District 69
Received and ordered to be placed on file.
NEW BUSINESS
Representative Kilmartin introduces (98-H 9045) An Act relating to enterprise zones.
Read and referred to the Committee on Finance.
Representatives Kilmartin, M. Anderson, Coderre and Montalbano introduce (98-H 9046) An Act authorizing the city of Pawtucket to provide for the renovation and improvements of public buildings in the city of Pawtucket and authorizing the financing thereof, including the issue of not more than $260,000 bonds and notes therefor.
Read and referred to the Committee on Corporations.
Representatives Kilmartin, Montalbano and Coderre introduce (98-H 9047) An Act authorizing the city of Pawtucket to provide for the renovation and reconstruction and equipping of public recreation facilities in the city of Pawtucket and authorizing the financing thereof, including the issue of note more than $500,000 bonds and notes therefor.
Read and referred to the Committee on Corporations.
Representatives Hilmartin, M. Anderson, Montalbano and Coderre introduce (98-H9048) An Act authorizing the city of Pawtucket to provide for the renovation and equipping of public school buildings in the city of Pawtucket and authorizing the financing thereof, including the issue of not more than $1,600,000 bonds and notes therefor.
Read and referred to the Committee on Corporations.
Representatives Kilmartin, M. Anderson, Coderre and Montalbano introduce (98-H 9049) An Act authorizing the city of Pawtucket to provide for the construction of a multi-purpose room at Fallon Memorial Elementary School in the city of Pawtucket and authorizing the financing thereof, including the issue of not more than $800,000 bonds and notes therefor.
Read and referred to the Committee on Corporations.
Representatives Kilmartin, Coderre and Montalbano introduce (98-H 9050) An Act authorizing the city of Pawtucket to provide for the construction and reconstruction of streets and sidewalks in the city of Pawtucket and authorizing the financing thereof, including the issue of not more than $500,000 bonds and notes therefor.
Read and referred to the Committee on Corporations.
Representative McNamara introduces (98-H 9051) House Resolution declaring May 3, 1998 as the Opening of the 33rd Annual Celebration of Gaspee Days.
Representative McNamara requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative McNamara, seconded by Representative Bramley and the entire Warwick Delegation, and by unanimous consent, on a voice vote.
Representatives McNamara and Reilly introduce (98-H 9052) House Resolution proclaiming May 2-9 as National Safe Kids Week.
Representative McNamara requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative McNamara, seconded by Representative Bramley, and by unanimous consent, on a voice vote.
Representatives Bramley, Costantino, Giannini and Simonian introduce (98-H 9053) House Resolution congratulating Archpriest Dr. Mesrob Tashjian on his 37th Anniversary as a Priest.
Representative Bramley requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Bramley, seconded by Representatives Giannini, Costantino, McNamara and Metts, and by unanimous consent, on a voice vote.
Representatives McNamara and Reilly introduce (98-H 9054) House Resolution honoring Gerry O'Neill on his many years of dedicated service and selfless devotion to the Blackstone Valley Chapter R.I. ARC.
Representative McNamara requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative McNamara, seconded by Representative Caruolo, and by unanimous consent, on a voice vote.
Representative G. Levesque introduces (98-H 9055) An Act establishing the Jamestown land bank.
Read and referred to the Committee on Corporations.
Representatives Crowley, Shavers, G. Levesque and Callahan introduce (98-H 9056) An Act authorizing the city of Newport to finance the construction of an addition to, and the renovation, rehabilitation, improvement, furnishing and equipping of, the Newport Public Library and the grounds around the library, including, but not limited to, parking facilities, landscaping, utilities and lighting and to issue not more than $3,000,000 bonds and notes therefor.
Read and referred to the Committee on Corporations.
Representatives Caruolo, Long and Hensler introduce (98-H 9057) 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 Representative Long, and by unanimous consent, on a voice vote.
Representatives Caruolo, Long and Henseler introduce (98-H 9058) 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 Representative Long, and by unanimous consent, on a rising vote.
REPORTS OF COMMITTEES
COMMITTEE ON CORPORATIONS
Representative Kennedy, for the Committee on Corporations, reports back the following measures, with recommendation of passage:
(98-H 8530) An Act authorizing the town of North Kingstown to finance the acquisition of development rights to farmland and other real estate and to issue not more than $4,000,000 bonds and notes therefor.
Representative Kennedy requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Kennedy, seconded by Representatives Henseler and Coderre, and by unanimous consent, on a roll call vote, 74 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 74: Representatives Aiken-Salandria, Amaral, Anderson, M., Anderson, S., Anzeveno, Barone, Barr, Benoit, Benson, Bierman, Bramley, Burlingame, Callahan, Carpenter, Carter, Caruolo, Castro, Coderre, Coelho, Costantino, Crowley, Dennigan, DeSimone, Faria, Flaherty, Fleury, Fox, Garvey, Giannini, Heffner, Henseler, Hetherington, Iannitelli, Iwuc, Jacquard, Kelley, Kelso, Kennedy, Kilmartin, Lanzi, Levesque, 6., Lima, Little, Long, Lowe, Malik, McCauley, McGowan, McNamara, Metts, Millard, Montalbano, Moura, Munschy, Naughton, Palangio, Palumbo, Panciera, Picard, Pisaturo, Quick, Rabideau, Rose, Russo, Salisbury, Shavers, Slater, Smith, Voccola, Walter, Wasylyk, Watson, Williams, Winfield.
NAYS -0.
(98-H 8921) An Act authorizing the town of North Kingstown to finance new construction, expansion, remodeling, demolition, renovations, additions, improvements and/or related equipment for the North Kingstown High School and the School Administration Building and to issue not more than $33,000,000 ...
Representative Kennedy requests unanimous consent for immediate consideration.
There is no objection.
Read and passed, on motion of Representative Kennedy, seconded by Representatives Carter, Henseler, Coelho and Coderre, and by unanimous consent, on a roll call vote, 62 members voting in the afiirmative and 0 members voting in the negative as follows:
YEAS - 62; Representatives Anderson, M., Anderson, S., Anzeveno, Barone, Barr, Benson, Bramley, Burlingame, Callahan, Carpenter, Carter, Caruolo, Castro, Coderre, Coelho, Costantino, Dennigan, Farrell, Fleury, Fox, Garvey, Giannini, Heffner, Henseler, Hetherington, Iannitelli, Iwuc, Jacquard, Kelley, Kelso, Kennedy, Kilmartin, Lanzi, Levesque, 6., Lima, Little, Long, Lowe, Malik, McGowan, McNamara, Millard, Montalbano, Moura, Munschy, Palangio, Palumbo, Panciera, Picard, Pisaturo, Quick, Rabideau, Rose, Russo, Shavers, Slater, Smith, Walter, Wasylyk, Watson, Williams, Win£ield.
NAYS -0.
(98-H 8244) An Act relating to Rhode Island Resource Recovery Corporation.
Received and ordered to be placed on the Calendar.
(98-H 8945) (Substitute "A") House Resolution respectfully requesting the Director of the Rhode Island Economic Development Corporation to create a special board of distinguished Rhode Island citizens to study the use of the port and airport at Quonset Point/Davisville.
Received and ordered to be placed on the Calendar.
(98-H 8647) An Act relating to commercial law general regulatory provisions.
Received and ordered to be placed on the Calendar.
(98-H 8334) An Act relating to state building code.
Received and ordered to be placed on the Calendar.
(98-H 8253) An Act relating to businesses and professions.
Received and ordered to be placed on the Calendar.
(98-H 8365) An Act relating to single license procedure act.
Received and ordered to be placed on the Calendar.
(98-H 8186) An Act relating to casualty insurance generally.
Received and ordered to be placed on the Calendar.
(98-H 8100) An Act relating to elevators, escalators and dumbwaiters.
Received and ordered to be placed on the Calendar.
(98-H 8009) An Act relating to public utilities.
Received and ordered to be placed on the Calendar.
(98-H 7590) (Substitute "A" as amended) An Act relating to insurance coverage - genetic testing.
Received and ordered to be placed on the Calendar.
(98-H 8024) (Substitute "A") An Act relating to insurance drug coverage.
Received and ordered to be placed on the Calendar.
(98-H 8185) (Substitute "A") Joint Resolution creating a special legislative commission to study permitting provider-sponsored health care networks to contract directly for health care services.
Received and ordered to be placed on the Calendar.
(98-H 8993) An Act relating to the town of
Burrillville home rule charter - elections.
Received and ordered to be placed on the Calendar.
(98-H 7979) An Act relating to health and safety.
Received and ordered to be placed on the Calendar.
(98-S 3002) (Substitute "A" as amended) An Act relating to motor and other vehicles - automobile theft insurance fraud.
Received and ordered to be placed on the Calendar.
(98-S 2451) (Substitute "A" as amended) An Act
relating to insurance single license procedure
act.
Received and ordered to be placed on the Calendar.
JOINT COMMITTEE ON HIGHWAY SAFETY
Representative Garvey, for the Joint Committee on Highway Safety, reports back the following measures, with recommendation of passage:
(98-H 7180) An Act relating to health and safety - bicycle helmets.
Received and ordered to be placed on the Calendar.
(98-H 7621) An Act relating to bicycles -helmets.
Received and ordered to be placed on the Calendar.
(98-H 7577) An Act relaling to bicycle helmets.
Received and ordered to be placed on the Calendar.
(98-H 7331) An Act relating to motor and other vehicles.
Received and ordered to be placed on the Calendar.
CALENDAR
From the Calendar are taken:
1. (98-H7120) (Substitute "A") An Act relating to towns and cities - low and moderate income housing.
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 Tuesday, May 5, 1998.
2. (98-H7751) An Act relating to the Rhode Island Resource Recovery Agency.
Committee on Corporations recommends passage.
Read, and by unanimous consent, ordered to be placed on the bottom of page 2 of the Calendar as item number 12A.
3. (98-H7363) An Act relating to education.
Committee on Health, Education and Welfare recommends passage.
Read, and by unanimous consent, ordered to be placed on the Calendar for Tuesday, May 5, 1998.
4. (98-H8079) An Act relating to food, drugs and cosmetics act.
Committee on Health, Education and Welfare recommends passage.
Representative Costantino moves passage of the act, seconded by Representatives Reilly, Ajello, Ginaitt, Shavers, Giannini, Slater, Benoit and Lopes.
Representatives Fleury, Costantino, McGowan, C. Levesque, Benoit and Henseler discuss the act.
Read and passed, on a roll call vote, 68 members voting in the affirmative and 9 members voting in the negative as follows:
YEAS - 68: Representatives Aiken-Salandria, Ajello, Anderson, 5., Anzeveno, Barone, Benoit, Benson, Bramley, Burlingame, Carpenter, Carroll, Carter, Caruolo, Castro, Coderre, Coelho, Costantino, Dennigan, DeSimone, Faria, Ferguson, Flaherty, Fleury, Fox, 6arvey, Giannini, 6inaitt, Heffner, Henseler, Hetherington, Iannitelli, Iwuc, Jacquard, Kelso, Kennedy, Kilmartin, Lanzi, Levesque, C., Levesque, 6., Lopes, Lowe, Malik, Martineau, McCauley, Mc6owan, Menard, Metts, Montalbano, Montanaro, Moura, Munschy, Murphy, Palangio, Palumbo, Panciera, Picard, Fires, Pisaturo, Reilly, Rose, Shavers, Slater, Smith, Walter, Wasylyk, Williams, Williamson, Winfield.
NAYS - 9: Representatives Amaral, Anderson, M., Bierman, Kelley, Long, Millard, Quick, Rabideau, Watson.
(98-H 7810) (Substitute "A") An Act relating
to businesses and professions requiring the registration of roofing contractors.
Committee on Labor recommends indefinite postponement of the original bill and passage of Substitute "A".
Representative Faria moves passage of the act, seconded by Representatives Henseler, Reilly, Kelso and 5. Anderson.
Representatives Moura and Kilmartin discuss the act.
By unanimous consent, Representative Faria, seconded by Representatives Reilly and Henseler, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(98-H 7810) (Substitute "A")
Mr. Speaker:
I hereby move to amend (98-H 7810) (Substitute "A") entitled "AN ACT RELATING TO BUSINESSES AND PROFESSIONS - REQUIRING THE REGISTRATION OF ROOFING CONTRACTORS" as follows:
(1) On page 3, line 2, after the word "determine",
by adding a comma and the following language: " after
providing the applicant appropriate notice and the opportunity
for a hearing, ".
(2) On page 3, line 8, after the word "if", by adding
a comma and the following language: " after providing
the certificate holder appropriate notice and the opportunity
for a hearing, ".
(3) On page 3, line 11, after the word "rejected,"
by adding the following language: " and the procedures
to be followed, in conformance with due process, before taking
such action. "
Respectfully submitted,
JOSEPH L. FARIA
Representative, District 72
Representative Faria discusses the amendment.
The motion to amend is read and prevails on a roll call vote, 68 members voting in the affirmative and 3 members voting in the negative as follows:
YEAS - 68: Representatives Aiken-Salandria, Amaral, Anderson, M., Anderson, S., Anzeveno, Barone, Benoit, Benson, Bierman, Bramley, Carpenter, Carter, Caruolo, Castro, Coderre, Coelho, Costantino, Dennigan, DeSimone, Faria, Ferguson, Flaherty, Fleury, Fox, 6arvey, 6iannini, Heffner, Henseler, Hetherington, Iannitelli, Inman, Iwuc, Jacquard, Kelley, Kelso, Kennedy, Kilmartin, Lanzi, Levesque, 6., Long, Lowe, Malik, Martineau, McCauley, Mc6owan, Menard, Metts, Montalbano, Montanaro, Moura, Munschy, Murphy, Palangio, Palumbo, Panciera, Picard, Fires, Pisaturo, Quick, Rabideau, Reilly, Rose, Shavers, Slater, Smith, Walter, Wasylyk, Winfield.
NAYS - 3: Representatives Ajello, Burlingame, Lopes.
The bill marked Substitute cc~,, is read and fails, as amended, and the original bill indefinitely postponed, on a roll call vote, 33 members voting in the affirmative and 41 members voting in the negative as follows:
YEAS 33: Representatives Anderson, S., Anzeveno, Benson, Bramley, Carpenter, Carter, Caruolo, Castro, Coelho, Costantino, Faria, Ferguson, Flaherty, 6arvey, Giannini, Henseler, Iannitelli, Inman, Iwuc, Jacquard, Kelley, Kelso, Malik, Mc6owan, Menard, Montalbano, Munschy, Murphy, Fires, Reilly, Shavers, Williamson, Winfield.
NAYS - 41: Representatives Aiken-Salandria, Ajello, Amaral, Anderson, M., Barone, Benoit, Bierman, Burlingame, Carroll, Coderre, Dennigan, DeSimone, Fleury, Fox, Heffner, Hetherington, Kennedy, Kilmartin, Lanzi, Levesque, 6., Long, Lopes, Lowe, McCauley, Metts, Montanaro, Moura, Palangio, Palumbo, Fanciera, Picard, Pisaturo, Quick, Rabideau, Rose, Slater, Smith, Walter, Wasylyk, Watson, Williams.
6. (98-H7873 as amended) An Act relating to education - school employees.
Committee on Health, Education and Welfare recommends passage as amended.
Representative Benoit moves passage of the act, seconded by Representatives Ajello, Dennigan, Pisaturo and Slater.
Representatives Lopes and Benoit discuss the act.
Read and passed, as amended, on a roll call vote, 74 members voting in the affirmative and 1 member voting in the negative as follows:
YEAS - 74: Representatives Aiken-Salandria, Ajello, Amaral, Anderson, M., Anderson, S., Anzeveno, Barone, Benoit, Benson, Bierman, Bramley, Burlingame, Carpenter, Carter, Caruolo, Coderre, Coelho, Costantino, Dennigan, DeSimone, Faria, Ferguson, Flaherty, Fleury, Fox, Garvey, 6iannini, 6inaitt, Heffner, Henseler, Hetherington, Iannitelli, Inman, Iwuc, Jacquard, Kelley, Kelso, Kennedy, Kilmartin, Lanzi, Levesque, 6., Long, Lowe, Malik, Martineau, McCau. ley, Mc6owan, Metts, Millard, Montalbano, Montanaro, Moura, Munschy, Murphy, Naughton, Falangio, Falumbo, Fanciera, Ficard, Fires, Fisaturo, Quick, Rabideau, Reilly, Rose, Shavers, Slater, Smith, Walter, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS - 1: Representative Lopes.
7. (98-H7697) (Substitute "A") An Act relating to confidentiality of health care communications and information act.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on motion of Representative Costantino, seconded by Representatives Dennigan, Fox, Slater, Palangio and Lopes, on a roll call vote, 73 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 73: Representatives Aiken-Salandria, Amaral, Anderson, M., Anderson, S., Anzeveno, Barone, Barr, Benoit Benson, Bierman, Bramley, Burlingame, Carpenter, Carter,' Caruolo, Coderre, Coelho, Costantino, Dennigan, DeSimone, Faria, Ferguson, Flaherty, Fleury, Fox, 6arvey, 6iannini, 6inaitt, Heffner, Henseler, Hetherington, Iannitelli, Inman, Iwuc, Jacquard, Kelley, Kelso, Kennedy, Kilmartin, Lanzi, Levesque, 6., Long, Lopes, Lowe, Martineau, McCauley, Mc6owan, Metts, Millard, Montalbano, Montanaro, Moura, Munschy, Murphy, Naughton, Falangio, Falumbo, Fanciera, Picard, Fires, Fisaturo, Quick, Rabideau, Reilly, Rose, Shavers, Slater, Smith, Walter, Watson, Williams, Williamson, Winfield.
NAYS -0.
8. (98-H8066) (Substitute "A" as amended) An Act relating to licensing of health care facilities.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.
Representative Benoit moves passage of the act, seconded by Representatives Aj ello, Barone and Aiken-Salandria.
Representatives M. Anderson, Benoit, Benson, Williams, Shavers, Metts, Rabideau, Palangio, Lopes and Pisaturo 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, 54 members voting in the affirmative and 22 members voting in the negative as follows:
YEAS - 54: Representatives Aiken-Salandria, Ajello, Anzeveno, Barone, Barr, Benoit, Bramley, Burlingame, Carpenter, Caruolo, Castro, Coderre, Costantino, Dennigan, DeSimone, Fleury, Fox, Ginaitt, Heffner, Henseler, Hetherington, Iannitelli, Inman, Jacquard, Kelso, Kennedy, Levesque, C., Levesque, 6., Lima, Lopes, Lowe, Malik, Martineau, Millard, Montalbano, Montanaro, Moura, Munschy, Naughton, Falangio, Falumbo, Fanciera, Fires, Fisaturo, Reilly, Rose, Russo, Shavers, Slater, Smith, Wasylyk, Watson, Williams.
NAYS - 22: Representatives Amaral, Anderson, M., Anderson, S., Benson, Carter, Coelho, Faria, Farrell, Flaherty, 6arvey, Iwuc, Kelley, Kilmartin, Long, McCauley, Mc6owan, McNamara, Metts, Ficard, Rabideau, Salisbury, Walter.
9. (98-H 8072) (Substitute "A") House Resolution respectfully requesting the Department of Education to develop continuing education relating to homosexuality and matters relating thereto.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
Representative Benoit moves to recommit the act, seconded by Representative Caruolo.
There is no objection.
The act is recommitted, by unanimous consent, on a voice vote.
Read and referred to the Committee on Health, Education and Welfare.
10. (98-H7718) An Act relating to businesses and professions-
architects.
Committee on Corporations recommends passage.
Read and passed, on motion of Representative Martineau, seconded by Representatives Coelho and Rose, on a roll call vote, 71 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 71: Representatives Aiken-Salandria, Ajello, Amaral, Anderson, M., Anderson, S., Anzeveno, Barone, Benoit, Benson, Bramley, Burlingame, Carpenter, Carter, Caruolo, Castro, Coderre, Coelho, Dennigan, Faria, Farrell, Flaherty, Fleury, Fox, 6arvey, Ginaitt, Heffner, Henseler, Hetherington, Iannitelli, Inman, Iwuc, Jacquard, Kelley, Kelso, Kennedy, Kilmartin, Lanzi, Levesque, C., Levesque, 6., Lima, Long, Lopes, Lowe, Malik, Martineau, McCauley, Mc6owan, McNamara, Metts, Millard, Montalhano, Montanaro, Moura, Munschy, Naughton, Falangio, Falumbo, Ficard, Fires, Fisaturo, Quick, Rabideau, Reilly, Rose, Russo, Salisbury, Shavers, Smith, Walter, Watson, Williams.
NAYS -0.
AFFIDAVIT
I, Peter F. Kilmartin, State
Representative, District 80, hereby under oath, depose and say:
1. I expect to be called upon, in my capacity as State Representative, to participate in the consideration of, and vote upon: (98-H 8247).
2. I have the following interest in the matter listed under paragraph 1, above:
I am a Municipal Police Officer.
3. In compliance with Section 36-14-6(1) of the General Laws, I hereby state that, despite the potential conflict stated aboce, I am able to vote fairly, objectively, and in the public interest regarding the matter described in paragrapg 1 above for the following reason:
It does not effect Municipal Police Officers.
PETER F. KILMARTIN
Representative, District 80
State of Rhode Island
County of Providence
Subscribed and sworn to before me this 30th day of April, A.D. 1998.
DAVID W. DUMAS
Notary Public
Representative Kilmartin is excused from voting on or participating in the consideration of the matter described in paragraph 1, above.
FRANK J. ANZEVENO, JR.
Deputy Speaker of
the
House of Representatives
CALENDAR
11. (98-H8247) An Act relating to relief of injured and deceased fire fighters and police officers.
Committee on Corporations recommends passage.
Representative Martineau moves passage of the act, seconded by Representatives Pires, Coelho, Rose, McGowan, Moura and Lopes.
By unanimous consent, Representative Kilmartin, seconded by Representatives Moura, Reilly and Coelho, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(98-H 8247)
Mr. Speaker:
I hereby move to amend (98-H 8247) entitled "AN ACT RELATING TO RELIEF OF INJURED AND DECEASED FIRE FIGHTERS AND POLICE OFFICERS" as follows:
(1) Page 2, line 8, by adding after the word "wage" and before the word "and" the following words, any agent of the Rhode Island State Fugitive Task forces appointed pursuant to section 12-6-7.2".
Respectfully submitted,
PETER F. KILMARTIN
Representative, District 80
Representatives Burlingame, Salisbury, Martineau, Kilmartin and Pires discuss the amendment.
The motion to amend is read and prevails on a roll call vote, 58 members voting in the affirmative and 17 members voting in the negative as follows:
YEAS - 58: Representatives Aiken-Salandria, Amaral, Anderson, M., Anderson, S., Anzeveno, Barone, Barr, Benson, Bramley, Carpenter, Caruolo, Coelho, Costantino, Dennigan, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fox, 6arvey, Heffner, Henseler, Hetherington, Inman, Iwuc, Kelso, Kilmartin, Lanzi, Levesque, C., Lima, Long, Lowe, Malik, Martineau, McCauley, McGowan, McNamara, Metts, Montalbano, Montanaro, Moura, Munschy, Murphy, Falangio, Falumbo, Fisaturo, Quick, Rabideau, Reilly, Russo, Shavers, Slater, Smith, Voccola, Wasylyk, Williamson, Wintield.
NAYS - 17: Representatives Ajello, Benoit, Burlingame, Carter, Castro, Fleury, Iannitelli, Kelley, Lopes, Naughton, Fanciera, Ficard, Fires, Rose, Salisbury, Walter, Watson.
Representatives Iannitelli, Martineau, Kilmartin, Montanaro and Salisbury discuss the act.
Read and passed, as amended, on a roll call vote, 49 members voting in the affirmative and 29 members voting in the negative as follows:
YEAS - 49: Representatives Aiken-Salandria, Anderson, M., Anderson, S., Anzeveno, Barr, Benson, Bierman, Bramley, Carpenter, Carter, Castro, Coderre, Coelho, Dennigan, DeSimone, Farrell, Ferguson, 6arvey, Heffner, Hetherington, Inman, Iwuc, Kennedy, Kilmartin, Lanzi, Levesque, 6., Long, Lowe, Martineau, McCauley, Mc6owan, McNamara, Metts, Montalbano, Montanaro, Moura, Munschy, Murphy, Falangio, Falumho, Fisaturo, Quick, Rabideau, Reilly, Russo, Shavers, Smith, Wasylyk, Winfield.
NAYS - 29: Representatives Ajello, Amaral, Benoit, Burlingame, Callahan, Caruolo, Costantino, Faria, Flaherty, Fleury, Henseler, Iannitelli, Kelley, Kelso, Lima, Little, Lopes, Malik, Millard, Naughton, Fanciera, Ficard, Fires, Rose, Salisbury, Slater, Voccola, Walter, Watson.
12. (98-H 7689) An Act relating to public property and works-
authorizing the transfer of property in the town of North Kingstown to the Rhode Island Economic Development Corporation.
Committee on Corporations recommends passage.
Read, and by unanimous consent, ordered to be placed on the Calendar for Thursday, May 14, 1998.
12A. (98-H 7751) An Act relating to the Rhode Island Resource Recovery Agency.
Committee on Corporations recommends passage.
Representative Voccola moves passage of the act, seconded by Representatives Russo, Lowe, Murphy, Lanzi, Rose and Montanaro.
Representative Montanaro discusses the act.
Read and passed, on a roll call vote, 81 members voting in the affirmative and 0 members voting in the negative as follows:
YEAS - 81: Representatives Aiken-Salandria, Ajello, Amaral, Anderson, M., Anderson, S., Anzeveno, Barone, Barr, Benoit, Benson, Bierman, Bramley, Burlingame, Callahan, Carpenter, Carter, Caruolo, Castro, Coderre, Coelho, Costantino, Crowley, Dennigan, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, 6arvey, 6iannini, Heffner, Henseler, Hetherington, Iannitelli, Inman, Iwuc, Jacquard, Kelley, Kelso, Kennedy, Kilmartin, Lanzi, Levesque, 6., Lima, Little, Long, Lopes, Lowe, Malik, Martineau, McCauley, Mc6owan, McNamara, Metts, Montalbano, Montanaro, Munschy, Murphy, Naughton, Falangio, Falumbo, Fanciera, Ficard, Fires, Fisaturo, Quick, Reilly, Rose, Russo, Salisbury, Shavers, Slater, Smith, Voccola, Walter, Wasylyk, Watson, Williams, Winfield.
NAYS -0.
13. (98-H7750) An Act relating to trusts for minors.
Committee on Judiciary recommends passage.
Read and passed, on motion of Representative Heffner, seconded by Representatives Murphy, Garvey and Reilly, on a roll call vote, 81 members voting in the affirmative and 1 member voting in the negative as follows:
YEAS - 81: Representatives Aiken.Salandria, Ajello, Amaral, Anderson, M., Anderson, S., Anzeveno, Barone, Barr, Benoit, Benson, Bierman, Bramley, Callahan, Carpenter, Carter, Caruolo, Castro, Coderre, Coelho, Costantino, Crowley, Dennigan, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garvey, Giannini, Ginaitt, Heffner, Henseler, Hetherington, Iannitelli, Inman, Iwuc, Jacquard, Kelley, Kelso, Kennedy, Kilmartin, Lanzi, Levesque, 6., Lima, Little, Lopes, Lowe, Malik, McCauley, Mc6owan, McNamara, Metts, Montalbano, Montanaro, Moura, Munschy, Murphy, Naughton, Falangio, Falumbo, Fanciera, Ficard, Fires, Fisaturo, Quick, Rabideau, Reilly, Russo, Salisbury, Shavers, Slater, Smith, Voccola, Walter, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS - 1: Representative Burlingame.
14. (98-Il 7995) An Act relating to alcoholic beverages - retail licenses.
Committee on Special Legislation recommends passage.
Read, and by unanimous consent, ordered to be placed on the Calendar for Thursday, May 7, 1998.
15. (98-H7996) An Act relating to alcoholic beverages - general provisions.
Committee on Special Legislation recommends passage.
Read, and by unanimous consent, ordered to be placed on the Calendar for Thursday, May 7, 1998.
16. (98-H7585) An Act relating to criminal offenses - crime against nature.
Committee on Judiciary recommends passage.
Read, and ordered to be placed on the Calendar for Thursday, May 7, 1998.
Representative Benson objects.
Representative Aj ello moves to place the act on the Calendar for Thursday, May 7, 1998, seconded by Representatives Inman, G. Levesque and Pisaturo.
The motion prevails, on a roll call vote, 72 members voting in the affirmative and 5 members voting in the negative as follows:
YEAS - 72: Representatives Aiken.Salandria, Ajello, Anderson, M., Anderson, S., Anzeveno, Barone, Barr, Benoit, Bierman, Bramley, Burlingame, Callahan, Carpenter, Caruolo, Castro, Coderre, Costantino, Crowley, Dennigan, DeSimone, Ferguson, Fox, Garvey, 6iannini, 6inaitt, Heffner, Henseler, Hetherington, Iannitelli, Inman, Iwuc, Jacquard, Kelley, Kelso, Kennedy, Kilmartin, Lanzi, Levesque, 6., Lima, Little, Long, Lopes, Lowe, Malik, McCauley, Mc6owan, McNamara, Metts, Montalbano, Montanaro, Moura, Munschy, Murphy, Naughton, Falumbo, Fanciera, Ficard, Fires, Fisaturo, Rabideau, Reilly, Rose, Russo, Salisbury, Shavers, Slater, Smith, Voccola, Walter, Wasylyk, Watson, Winfield.
NAYS - 5: Representatives Amaral, Benson, Carter, Coelho, Faria.
ANNOUNCEMENTS
Representative Pires announces that the Committee on Finance will reconvene today at the rise of the House in Room 35 of the State House.
Also:
By unanimous consent, Majority Leader Caruolo announces there will be no session on Friday, May 1, 1998.
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 4:29 o'clock P.M. on motion of Representative Benson, and as a further mark of respect to the memory of Dr. John Hankie, seconded by Representatives Caruolo and Salisbury, the House adjourns, on a unanimous rising vote.
LINDA McELROY
Recording Clerk
Appendix
INVOCATION
REPRESENTATIVE ROGER A. FICAR~
Almighty God, we ask that you help us as we try to make Rhode Island a better place.Amen.
Appendix
CALENDAR
In order for Tuesday, May 5, 1998:
1. (98-H 7120) (Substitute "A") An Act relating to towns and cities - low and moderate income housing.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
2. (98-H7506) An Act relating to motor vehicle offenses-
driving under the influence.
Committee on Judiciary recommends passage.
3. (98-H8158) (Substitute "A") An Act relating to state affairs and government - DCYF records - confidentiality of records.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
4. (98-H7675) An Act relating to labor and labor relations-
arbitration of school teacher disputes.
Committee on Labor recommends passage.
5. (98-H7977 as amended) An Act relating to public utilities and carriers - duties of utilities and carriers.
Committee on Corporations recommends passage as amended.
6. (98-H7555) An Act relating to food and drugs - uniform controlled substances act.
Committee on Health, Education and Welfare recommends passage.
7. (98-H7911) (Substitute "A") An Act relating to state affairs and government - open meetings.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A.
8. (98-H7888) (Substitute "A") An Act relating to access to public records.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".
9. (98-H7363) An Act relating to education.
Committee on Health, Education and Welfare recommends passage.
10. (98-H 8895) Joint Resolution mernorializing Congress to amend title ten, United States Code relating to the compensation of retired military.
Committee on Finance recommends passage.
Appendix
CALENDAR
In order for Wednesday, May 6, 1998:
1. (98-H 7820) An Act relating to workers' compensation insurance.
Committee on Labor recommends passage.
2. (98-H8056) (Substitute "A") An Act relating to telecommunications.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
3. (98-H8401) (Substitute "A" as amended) An Act relating to towns and cities.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.
Appendix
CALENDAR
In order for Thursday, May 7, 1998:
1. (98-H 8797) An Act relating to civil and criminal procedure.
Committee on Judiciary recommends passage.
2. (98-H8364) An Act relating to real estate
-titles.
Committee on Judiciary recommends passage.
3. (98-H 7752) An Act relating to labor -wages.
Committee on Labor recommends passage.
4. (98-H7995) An Act relating to alcoholic beverages retail licenses.
Committee on Special Legislation recommends passage.
5. (98-H7996) An Act relating to alcoholic beverages - general provisions.
Committee on Special Legislation recommends passage.
6. (98-H7585) An Act relating to criminal offenses - crime against nature.
Committee on Judiciary recommends passage.
7. (98-H8244) An Act relating to Rhode Island Resource Recovery Corporation.
Committee on Corporations recommends passage.
8. (98-H 8945) (Substitute "A") House Resolution respectfully requesting the Director of the Rhode Island Economic Development Corporation to create a special board of distinguished Rhode Island citizens to study the use of the port and airport at Quonset Point/ Davisville.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
9. (98-H8647) An Act relating to commercial
law general regulatory provisions.
Committee on Corporations recommends passage.
10. (98-H8334) An Act relating to state building code.
Committee on Corporations recommends passage.
11. (98-H8253) An Act relating to businesses and professions.
Committee on Corporations recommends passage.
12. (98-H8365) An Act relating to single license procedure act.
Committee on Corporations recommends passage.
13. (98-H8186) An Act relating to casualty insurance generally.
Committee on Corporations recommends passage.
14. (98-H8100) An Act relating to elevators, escalators and dumbwaiters.
Committee on Corporations recommends passage.
15. (98-H8009) An Act relating to public utilities.
Committee on Corporations recommends passage.
16. (98-H7590) (Substitute "A" as amended) An Act relating to insurance coverage - genetic testing.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.
17. (98-H 8024) (Substitute "A") An Act relating to insurance drug coverage.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
18. (98-H 7180) An Act relating to health and safety - bicycle helmets.
Joint Committee on Highway Safety recommends passage.
19. (98-H 7621) An Act relating to bicycles -helmets.
Joint Committee on Highway Safety recommends passage.
20. (98-H 7577) An Act relating to bicycle helmets.
Joint Committee on Highway Safety recommends passage.
21. (98-H 7331) An Act relating to motor and other vehicles.
Joint Committee on Highway Safety recommends passage.
22. (98-H 8185) (Substitute "A") Joint Resolution creating a special legislative commission to study permitting providersponsored health care networks to contract directly for health care services.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
23. (98-H 8993) An Act relating to the town of Burrillville-
home rule charter - elections.
Committee on Corporations recommends passage.
24. (98-H 7979) An Act relating to health and safety.
Committee on Corporations recommends passage.
25. (98-S 3002) (Substitute "A" as amended) An Act relating to motor and other vehicles -automobile theft insurance fraud.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A" as amended in concurrence.
26. (98-S 2451) (Substitute "A" as amended) An Act relating to insurance - single license procedure act.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.
Appendix
CALENDAR
In order for Tuesday, May 12, 1998:
1. (98-H 8223) An Act relating to the administrative procedures act.
Committee on Judiciary recommends passage.
Appendix
CALENDAR
In order for Thursday, May 14, 1998:
1. (98-H 7689) An Act relating to public property and works-
authorizing the transfer of property in the town of North Kingstown to the Rhode Island Economic Development Corporation.
Committee on Corporations recommends passage.
Appendix
CALENDAR
In order for Tuesday, May 19, 1998:
1. (98-H 8033) An Act relating to businesses and professions-
shows and exhibitions.
Committee on Judiciary recommends passage.
LOUIS D'ANTUONO
Reading Clerk
Thursday, April 30, 1998
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