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 fifth day of January in the year of Our Lord one thousand nine hundred and ninety-nine.
Volume 126, No. 12 Thursday, January 28, 1999 Twelfth Day


The House of Representatives meets at the State House in Providence, Thursday, January 28, 1999, and is called to order at 3:16 o'clock P.M., by the Honorable John B. Harwood, Speaker.

The roll is called and a quorum is declared present with 97 members present and 3 members absent as follows:

PRESENT - 97; The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, 5., Barr, Benson, Bramley, Burlingame, Callahan, Cambio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garvey, George, Giannini, Ginaitt, Gorham, Heffner, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kelley, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Larisa, Levesque, C., Levesque, 6., Lewiss, Lima, Long, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Millard, Montanaro, Moura, Mumford, Munschy, Murphy, Naughton, Palangio, Palumbo, Picard, Fires, Pisaturo, Quick, Rabideau, Reilly, Rose, Russo, San Bento, Schadone, Scott, Shavers, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

ABSENT - 3: Representatives Benoit, Garabedian, Sherlock.

INVOCATION



The Honorable Speaker presents Representative Carter, 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, January 27, 1999, is approved as printed.

GUESTS


Representative Ginaitt welcomes to the House as guests, his parents, Mr. and Mrs. Anthony Ginaitt and his niece, Harmony Gregory.

Also:

Representative 5. Anderson welcomes to the Chambers Michael and Jonathan Evia, along with their mother, Chris, Katie and Bert Wallace, along with their father Jim Wallace.


NEW BUSINESS


Representative Kilmartin introduces (99-H 5384) House Resolution adopting the Rules of the House of Representatives for the years 1999-2000.

Read and referred to the Committee on Rules.

Representative Faria introduces (99-H 5385) An Act relating to labor and labor relations - equal opportunity and affirmative action.

Read and referred to the Committee on Labor.

Representative Faria introduces (99-H 5386) An Act relating to payment of wages.

Read and referred to the Committee on Labor.

Representative Maher introduces (99-H 5387) Joint Resolution making an appropriation of $535.00 to pay the claim of Dennis R. York of 14 Mayflower Drive, Middletown, Rhode Island 02842.

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

Representative Mumford introduces (99-H 5388) Joint Resolution making an appropriation of $630.51 to pay the claim of Ann D. Huntoon of 19 So. Doctor Lane, Hope, Rhode Island 02831.

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

Representative Ginaitt introduces (99-H 5389) Joint Resolution making an appropriation of $446.25 to pay the claim of Donald O. Thibeault, Sr. of 12 Light House Lane, Warwick, Rhode Island 02889.

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

Representatives Slater, Carpenter, Williams, Abdullah-Odiase, Costantino and several other members of the House introduce (99-H 5390) House Resolution expressing sincerest congratulations to Ronald W. Allen on his election as Majority Leader of the Providence City Council.

Representative Slater requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Slater, seconded by the entire Providence Delegation, and by unanimous consent, on a voice vote.

Representatives Costantino, Palangio, Fox, Schadone, Coderre and McCauley introduce (99-H 5391) An Act relating to commercial law -credit report.

Read and referred to the Committee on Corporations.

Representatives Reilly, Iwuc, Carpenter, Rose, Almeida and several other members of the House introduce (99-H 5392) An Act relating to education trust fund.

Read and referred to the Committee on Finance.

Representatives Shavers, Crowley, G. Levesque, Quick, Almeida and several other members of the House introduce (99-H 5393) An Act relating to cities and towns - state aid.

Read and referred to the Committee on Finance.

Representatives Reilly, Iwuc, Rose, Almeida, Giannini and several other members of the House introduce (99-H 5394) An Act relating to health and safety - health plan modification act.

Read and referred to the Committee on Corporations.

Representatives Menard, Costantino and Smith introduce (99-H 5395) An Act relating to Department of Health.

Read and referred to the Committee on Finance.

Representatives Pisaturo, Lanzi, Williams, Bramley, Smith and several other members of the House introduce (99-H 5396) An Act relating to Board of Medical Licensure and Discipline.

Read and referred to the Committee on Corporations.

Representatives Hogan, Winfield and Barr introduce (99-H 5397) An Act relating to athletic coaches.

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

Representatives Gorham, Watson and Callahan introduce (99-H 5398) An Act relating to health and safety - individual sewage disposal systems.

Read and referred to the Committee on Corporations.

Representatives McNamara, Sherlock, Knickle and Reilly introduce (99-H 5399) An Act relating to education - criminal records review.

Read and referred to the Committee on Judiciary.

Representatives Flaherty, Williamson and Murphy introduce (99-H 5400) An Act relating to pharmacies - willing providers.

Read and referred to the Committee on Corporations.

Representative Barr introduces (99-H 5401) An Act relating to labor and labor relations arbitration of labor controversies.

Read and referred to the Committee on Labor.

Representative Barr introduces (99-H 5402) An Act relating to towns and cities - optional retirement for police and firefighters.

Read and referred to the Committee on Corporations.

Representatives Cicilline, Almeida, Coderre, Dennigan, Moura and G. Levesque introduce (99-H 5403) An Act relating to health and safety -safety of access to facilities endangered.

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

Representatives Jacquard, Iwuc, Reilly and Malik introduce (99-H 5404) An Act relating to weapons.

Read and referred to the Committee on Judiciary.

Representatives Malik, Munschy, Millard, Iwuc, Slater and Inman introduce (99-H 5405) An Act relating to insurance - automobile insurance territories.

Read and referred to the Committee on Corporations.

Representatives Sullivan, Coelho, Lopes, Rose, Larisa and Dennigan introduce (99-H 5406) An Act relating to the city of East Providence.

Read and referred to the Committee on Corporations.

Representatives Palumbo, McNamara and Vieira introduce (99-H 5407) An Act relating to criminal offenses - children.

Read and referred to the Committee on Judiciary.

Representatives Lanzi, DeSimone, S, Anderson, Montanaro and Carroll introduce (99-H 5408) An Act relating to insurance- health maintenance organizations.

Read and referred to the Committee on Corporations.

Representative Moura introduces (99-H 5409) An Act relating to towns and cities relief of firefighters and police officers.

Read and referred to the Committee on Corporations.

Representatives Montanaro, S. Anderson, Bramley, Pisaturo, Lanzi and Williamson introduce (99-H 5410) An Act relating to education -educational financial support.

Read and referred to the Committee on Finance.

Representatives Montanaro, S. Anderson, Lanzi, Williams, Pisaturo and several other members of the House introduce (99-H 5411) An Act relating to taxation - sales and use tax- liability and computation.

Read and referred to the Committee on Finance.

Representative Williamson introduces (99-H 5412) An Act relating to cities and towns.

Read and referred to the Committee on Corporations.

Representatives Palangio, Winfield, Carpenter and George introduce (99-H 5413) An Act relating to limited liability partnerships.

Read and referred to the Committee on Corporations.

Representatives McCauley, Lally, DeSimone, Voccola and Corvese introduce (99-H 5414) An Act relating to public officers and employees.

Read and referred to the Committee on Finance.

Representative Cambio introduces (99-H 5415) Joint Resolution making an appropriation of $645.17 to pay the claim of Frank Tedino of 11 Cross Road, Johnston, Rhode Island 02911.

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

Representative Carpenter introduces (99-H 5416) An Act relating to alcoholic beverages -retail licenses.

Read and referred to the Committee on Special Legislation.

Representative Cicilline introduces (99-H 5417) Joint Resolution to approve and publish, and submit to the electors a proposition of amendment to the Constitution of the State (separation of powers).

Read and referred to the Committee on Judiciary.

Representatives Carpenter, Flaherty, Fox, Faria, Almeida and several other members of the House introduce (99-H 5418) An Act relating to criminal offenses - weapons.

Read and referred to the Committee on Judiciary.

Representatives Barr, Coderre, Menard, Lopes and Kennedy introduce (99-H 5419) An Act relating to insurance - independent review of health care service decisions.

Read and referred to the Committee on Corporations.

Representatives Giannini, Cambio, Picard, Coderre and Quick introduce (99-H 5420) An Act relating to health insurance coverage.

Read and referred to the Committee on Corporations.

Representatives Menard and Iwuc introduce (99-H 5421) An Act relating to taxation.

Read and referred to the Committee on Corporations.

Representatives Carpenter, Pires, Slater, Moura, S. Anderson and several other members of the House introduce (99-H 5422) Joint Resolution extending the reporting date of the special legislative commission to study alternative funding sources for the Rhode Island Crime Victim Compensation Program and to make recommendations therefore.

Read and referred to the Committee on Finance.

Representatives Carpenter, Pires, Slater, Moura, S. Anderson and several other members of the House introduce (99-H 5423) An Act relating to criminal procedure criminal injuries compensation.

Read and referred to the Committee on Judiciary.

Representative Winfield introduces (99-H 5424) An Act relating to motor and other vehicles.

Read and referred to the Committee on Judiciary.

Representatives Corvese, Schadone, San Bento, Cambio, Palumbo and several other members of the House introduce (99-H 5425) An Act relating to targeted school aid.

Read and referred to the Committee on Finance.

Representatives Pisaturo, Lanzi, Williams and Lima introduce (99-H 5426) An Act relating to insurance.

Read and referred to the Committee on Corporations.

Representatives Pisaturo, Montanaro, Lanzi, DeSimone, Wasylyk and Bramley introduce (99-H 5427) An Act relating to taxation property subject to taxation.

Read and referred to the Committee on Corporations.

Representatives C. Levesque, Maher, Montanaro, McCauley and Wasylyk introduce (99-H 5428) An Act creating the uniform employment termination act.

Read and referred to the Committee on Labor.

Representatives C. Levesque, Maher, Montanaro, Watson, Wasylyk and Crowley introduce (99-H 5429) An Act relating to school budgets.

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

Representatives Long, Amaral, Larisa, Scott, Fleury and Rabideau introduce (99-H 5430) An Act relating to public officers and employees -merit system.

Read and referred to the Committee on Finance.

Representatives Reilly, Ginaitt, Jacquard, Iwuc, Munschy and Flaherty introduce (99-H 5431) An Act relating to criminal offenses -impersonation - identity fraud.

Read and referred to the Committee on Judiciary.

Representatives C. Levesque, Coderre and Benoit introduce (99-H 5432) An Act relating to towns and cities - public housing authorities.

Read and referred to the Committee on Corporations.

Representatives Picard and Cambio introduce (99-H 5433) An Act relating to initiative and referendum.

Read and referred to the Committee on Judiciary.

Representatives Reilly, Ginaitt, Iwuc, Munschy and Jacquard introduce (99-H 5434) An Act relating to motor and other vehicles.

Read and referred to the Committee on Judiciary.

Representatives G. Levesque and Carroll introduce (99-H 5435) An Act relating to public participation in the state health insurance benefits program.

Read and referred to the Committee on Finance.

Representatives Picard and Cambio introduce (99-H 5436) 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 Crowley, Shavers, G. Levesque, Callahan, Benoit and several other members of the House introduce (99-H 5437) An Act relating to alcoholic beverages.

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

Representatives Pisaturo, Montanaro, Lanzi, DeSimone, Wasylyk and Bramley introduce (99-H 5438) House Resolution respectfully requesting the Department of Taxation to submit a study report detailing the implementation of a telefile system.

Read and referred to the Committee on Finance.

Representatives Martineau and Watson introduce (99-H 5439) House Resolution extending congratulations.

Representative Martineau requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Martineau and Watson introduce (99-H 5440) House Resolution extending condolences.

Representative Martineau requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Carpenter, Moura, Lopes, Palangio, Almeida and several other members of the House introduce (99-H 5441) Joint Resolution creating a special legislative commission on fair reapportionment in the state of Rhode Island.

Read and referred to the Committee on Judiciary.

Representative Montanaro introduces (99-H 5442) An Act to vacate the forfeiture or revocation of the charter of Equity Concepts, Inc.

Representative Montanaro requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Montanaro, seconded by Representative Watson, and by unanimous consent, on a roll call vote, 68 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 68; The Honorable Speaker Harwood and Representatives Aiken, Amaral, Anderson, M., Barr, Benson, Burlingame, Callahan, Cambio, Carroll, Carter, Cicilline, Coderre, Coelho, Costantino, Dennigan, DeSimone, Faria, Ferguson, Fox, Garvey, George, Giannini, Ginaitt, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lima, Long, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moura, Munschy, Murphy, Palangio, Picard, Pisaturo, Rabideau, Reilly, Rose, San Bento, Schadone, Scott, Shavers, Simonian, Slater, Smith, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS -0.

ANNOUNCEMENT
By the 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 Kelley, Long, Fleury, Rabideau, Aiken and several other members of the House introduce (99-H 5443) An Act relating to victim's rights.

Read and referred to the Committee on Judiciary.

Representatives Crowley, Martineau, Watson, Menard, Pires and several other members of the House introduce (99-H 5444) Joint Resolution creating a special General Assembly Capitol Plan Task Force.

Read and referred to the Committee on Finance.

Representatives Schadone, Corvese, Sullivan, Vieira and Fox introduce (99-H 5445) An Act relating to business and professions- private security guard businesses.

Read and referred to the Committee on Corporations.

Representatives Kelley, Dennigan, Rabideau, Long, Gorham and Benson introduce (99-H 5446) An Act relating to motor and other vehicles motor vehicle offenses.

Read and referred to the Committee on Judiciary.

Representatives Costantino, Slater, Munschy, Iwuc and Malik introduce (99-H 5447) An Act relating to motor vehicles - speed restrictions.

Read and referred to the Joint Committee on Highway Safety.

Representatives Shavers, Crowley, Munschy, G. Levesque, Abdullah-Odiase and several other members of the House introduce (99-H 5448) An Act relating to cities and towns - state aid.

Read and referred to the Committee on Finance.

Representatives Cicilline, Montanaro, Moura, Fox, Lima and Lopes introduce (99-H 5449) An Act relating to uniform fraudulent transfer act.

Read and referred to the Committee on Judiciary.

Representative McCauley introduces (99-H 5450) An Act relating to levy and sale on execution.

Read and referred to the Committee on Judiciary.

Representatives McCauley, Lally, Giannini, Rose, Gorham and several other members of the House introduce (99-H 5451) An Act relating to sales and use taxes - liability and computation.

Read and referred to the Committee on Finance.

Representatives Rabideau, Kelley, Ginaitt and M. Anderson introduce (99-H 5452) An Act relating to valuation of farm, forest and open space land.

Read and referred to the Committee on Corporations.

Representatives Corvese, Schadone, Vieira, Sullivan and George introduce (99-H 5453) An Act relating to criminal offenses- laser pointers.

Read and referred to the Committee on Judiciary.

Representatives Corvese, Schadone, Cambio, Vieira, Sullivan and George introduce (99-H 5454) An Act relating to education- state aid.

Read and referred to the Committee on Finance.

Representative Cicilline introduces (99-H 5455) An Act relating to legislative oversight commission.

Read and referred to the Committee on Finance.

Representatives Picard and Cambio introduce (99-H 5456) An Act relating to initiative and referendum.

Read and referred to the Committee on Judiciary.

Representatives Moura, Aiken, Williams, Carpenter and Smith. introduce (99-H 5457) An Act relating to the family independence act -allowance for adults.

Read and referred to the Committee on Finance.

Representatives Smith, McNamara, Knickle, Hogan and DeSimone introduce (99-H 5458) House Resolution amending the Rules of the House of Representatives for the years 1999-2000.

Read and referred to the Committee on Rules.

Representatives Winfield, Lanzi, Palangio and Carpenter introduce (99-H 5459) An Act relating to primary elections.

Read and referred to the Committee on Special Legislation.

Representatives Winfield, Hogan, George, Barr, Coderre and Palangio introduce (99-H 5460) An Act relating to motor and other vehicles operators' and chauffeurs'.

Read and referred to the Joint Committee on Highway Safety.

Representatives Menard, Corvese and Crowley introduce (99-H 5461) An Act relating to property - condominium ownership.

Read and referred to the Committee on Judiciary.

Representative McCauley introduces (99-H 5462) An Act relating to mortgage loans.

Read and referred to the Committee on Judiciary.

Representatives Henseler, Carter and Benson introduce (99-H 5463) An Act relating to state affairs and government - Economic Development Corporation.

Read and referred to the Committee on Corporations.

Representatives Reilly, Iwuc, Rose, Almeida, Giannini and several other members of the House introduce (99-H 5464) An Act relating to health maintenance organizations.

Read and referred to the Committee on Corporations.

Representatives Fleury, Kelley, Watson, Long and Rabideau introduce (99-H 5465) An Act relating to gambling and lotteries.

Read and referred to the Committee on Judiciary.

Representatives Naughton, Kennedy, Ginaitt, Inman, Malik and several other members of the House introduce (99-H 5466) An Act relating to electronic commerce security.

Read and referred to the Committee on Corporations.

Representatives Iwuc, S. Anderson, Munschy, Slater, Malik and Dennigan introduce (99-H 5467) An Act relating to education.

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

Representatives Iwuc, Munschy, Slater, Malik, Dennigan and Menard introduce (99-H 5468) An Act relating to taxation.

Read and referred to the Committee on Finance.

Representatives Lopes, Fox, Abdullah-Odiase, Slater, Carpenter and Williams introduce (99-H 5469) An Act relating to education- curriculum.

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

Representatives Lopes, Fox, Cambio, Rose, Coelho and several other members of the House introduce (99-H 5470) An Act relating to dentists and dental hygienists.

Read and referred to the Committee on Corporations.

Representatives Iwuc, Munschy, Slater, Malik, Reilly and several other members of the House introduce (99-H 5471) An Act relating to certificates of title and security interests.

Read and referred to the Joint Committee on Highway Safety.

Representatives Henseler, Carter, Faria and Benson introduce (99-H 5472) An Act relating to the regulation of the rental of video recordings to minors.

Read and referred to the Committee on Corporations.

TRANSMITTAL



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

ANNOUNCEMENTS


Representative Burlingame announces that the Rhode Island Caucus of Women Legislators elected their officers as follows: President, Representative Denise Aiken, 1st Vice President, Senator Mary Parella, 2nd Vice President, Representative Joanne Giannini, Secretary, Senator Susan Sosnowski, and Treasurer, Representative Christine Callahan.

Also: Majority Leader Martineau reminds everyone of the get together upstairs at the rise to say hello and discuss the business of the week.

ADJOURNMENT


At 3:36 o'clock P.M. on motion of the Honorable Speaker Harwood and Representatives Coderre, Amaral and Inman, and as a further mark of respect to the memory of Joseph Senerchia, former Administrator of District Court, seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION


REPRESENTATIVE KENNETH CARTER



Lord, we have been sent to these positions of responsibility by the people. Make us mindful that we are their servants. Give us the wisdom and energy to serve them honestly and well.Amen.





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