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. 18 Thursday, February 11, 1999 Eighteenth Day


The House of Representatives meets at the State House in Providence, Thursday, February 11, 1999, and is called to order at 3:17 o'clock P.M., by the Honorable Edward 5. Inman, III, Deputy Speaker.

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

PRESENT - 97: Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, 5., Barr, Benoit, Benson, Bramley, Burlingame, Callahan, Cambio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garabedian, George, Giannini, Ginaitt, Gorham, He£fner, 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, Sherlock, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

ABSENT - 3: The Honorable Speaker Harwood and Representatives Crowley, Garvey.

INVOCATION



The Honorable Deputy 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, February 10, 1999, is approved as printed.

ANNOUNCEMENT


Representative San Bento will be unable to attend session today.


NOTICES OF BILL/RESOLUTION

INTRODUCTION


Representative Fleury gives notice that on the next legislative day he will introduce a measure concerning video lotteries.

This notice is given in compliance with House Rule 41.

RICHARD E. FLEURY
Representative, District 40

Received and ordered to be placed on file.

Representative Lowe gives notice that on the next legislative day he will introduce measures concerning taxation, mobile homes and gambling.

This notice is given in compliance with House Rule 41.

ROBERT B. LOWE
Representative, District 61

Received and ordered to be placed on file.

Representative Giannini gives notice that on the next legislative day she will introduce a measure concerning guardianship of minors.

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 Giannini gives notice that on the next legislative day she will introduce a measure concerning health - ovarian cancer education act.

This notice is given in compliance with House Rule 41.

JOANNE M. GIANNINI
Representative, District 7

Received and ordered to be placed on file.


NEW BUSINESS


Representatives Sullivan, Kilmartin, Almeida, Rose, Coelho and several other members of the House introduce (99-H 6157) An Act relating to criminal offenses.

Read and referred to the Committee on Judiciary.

Representative Menard introduces (99-H 6158) An Act relating to towns and cities.

Read and referred to the Committee on Corporations.

Representatives Larisa, Sullivan, Rose, Coelho, Dennigan and several other members of the House introduce (99-H 6159) An Act relating to cities and towns - telecommunications.

Read and referred to the Committee on Corporations.

Representative Martineau introduces (99-H 6160) An Act reinstating and restoring forfeited or revoked corporate charters.

Read and referred to the Committee on Corporations.

Representatives Lowe, Burlingame and Benoit introduce (99-H 6161) An Act authorizing the town of North Smithfield to finance the construction of schools and school facilities (including demolition of existing schools and school facilities) and/or additions, renovations, improvements, alterations and repairs, and to finance the purchase of furnishings and equipment for schools and school facilities in the town by the issuance of not more than $8,100,000 bonds and/ or notes therefor.

Representative Lowe requests unanimous consent for immediate consideration.

There is no objection.

Representative Lowe moves passage of the act, seconded by Representatives Martineau, Burlingame, Watson, Kelley, Carabedian and Benoit,

Representatives Fleury, Lowe and Lewiss discuss the act.

Read and passed, by unanimous consent, on a roll call vote, 70members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 70: Representatives Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, 5., Barr, Benoit, Benson, Burlingame, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Dennigan, DeSimone, Fleury, Fox, Garabedian, George, Giannini, Ginaitt, Heffner, Henseler, Hogan, Inman, Iwuc, Kelley, Kennedy, Kilmartin, Knickle, Lanzi, Larisa, Levesque, C., Lewiss, Lima, Long, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moura, Mumford, Munschy, Murphy, Palumbo, Picard, Fires, Pisaturo, Reilly, Rose, Schadone, Shavers, Sherlock, Smith, Sullivan, Thompson, Vieira, Wasylyk, Watson, Williams, Winfield.

NAYS -0.

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 Sherlock, Watson, Benoit, Maher and Flaherty introduce (by request of the Department of Human Services) (99-H 6162) An Act relating to human services.

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

Representatives Lanzi, Winfield, Carroll, G. Levesque, Ferguson and Watson introduce (99-H 6163) House Resolution recognizing February 14-20 as National Salute to Hospitalized Veterans Week.

Representative Lanzi requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Lanzi, seconded by Representatives Martineau, Watson, Garabedian and Montanaro, and by unanimous consent, on a voice vote.

Representatives Henseler, Benoit, Giannini, Garabedian and Fox introduce (99-H 6164) House Resolution proclaiming February 12, 1999 as "Anna Webster Day" in Rhode Island.

Representative Henseler requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Gorham, Larisa, Mumford, Williamson and Schadone introduce (99-H 6165) An Act relating to courts and civil procedure.

Read and referred to the Committee on Judiciary.

Representatives Long, Amaral and Scott introduce (99-H 6166) An Act relating to regulation of sales.

Read and referred to the Committee on Corporations.

Representatives Watson, Kelley, Larisa, Scott and Gorham introduce (99-H 6167) An Act making appropriations for the support of the state for the fiscal year ending June 30, 2000.

Read and referred to the Committee on Finance.

Representatives Watson and Quick introduce (99-H 6168) An Act relating to the environment.

Read and referred to the Committee on Corporations.

CALENDAR


From the Calendar is taken:

1. (99-S 9) (Substitute "A") An Act relating to captive insurance companies.

Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".

Representative Kennedy moves passage of the act, seconded by Representatives Martineau, Henseler, Kelso, Coelho, Coderre, Rose, Quick, Moura, Kilmartin, Sullivan and Menard.

By unanimous consent, Representative C. Levesque, seconded by Representatives 6. Levesque and Pisaturo, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(99-S 9) (Substitute "A")


Mr. Speaker:

I hereby move to amend (99-S 9) (Substitute "A") entitled "AN ACT RELATING TO CAPTIVE INSURANCE COMPANIES" as follows:

On page 1, line 5, delete the language "two tenths of one percent (.002)" and substitute the language "four tenths of one percent (.004)" in place thereof.

On page 1, line 6, delete the language "fifteen one hundreths of one percent (.0015)" and substitute the language "three tenths of one percent (.003)" in place thereof.

On page 1, line 8, delete the language "thirty seven and one half thousandths of one percent (.000375)" and substitute the language "seventy five one hundreths of one percent (.00075)" in place thereof.

On page 1, line 16 and 17, delete the language "one hundred and twelve and one half thousandths of one percent (.001125)" and substitute the language "two hundred and twenty and one half thousandths of one percent (.00225)" in place thereof.

On page 1, line 18, delete the language "seventy five thousandths of one percent (.00075)" and substitute the language "fifteen one hundreths of one percent (.0015)" in place thereof.

On page 2, line 1, delete the language "twenty five thousandths of one percent (.00025)" and substitute the language "five one thousandths of one percent (.0005)" in place thereof.

On page 2, line 2, delete the language "twelve and one half thousandths of one percent (.000125)" and substitute the language "twenty five thousandths of one percent (.00025)" in place thereof.

On page 2, line 25 and 26, add a period after the word "passage", and delete the language "and shall apply retroactively to December 1, 1998".

Respectfully submitted,

CHARLES J. LEVESQUE
Representative, District 93

Representatives Pires, Kennedy, Lima, Barr and Kilmartin discuss the amendment.

Representative Kilmartin questions whether the amendment is divisible.

The Honorable Deputy Speaker rules it is divisible.

Representatives Burlingame and Martineau continue discussion on the amendment.

Representative Martineau addresses the members and requests to continue discussion of the amendment after the Budget Address.

Representative Pisaturo rises on a point of order in regard to the Cranston delegation leaving for a meeting after the Budget Address.

Representative Pisaturo requests to put off discussion of this amendment until the next Calendar day.

There is objection.

Representative Pisaturo requests a vote.

A vote in the affirmative continues discussion on the next Calendar day after vacation. A vote in the negative continues discussion after the recess, in order to receive the Governor's Budget Adress.

The motion to continue discussion on the next calendar day fails on a roll call vote, 15 members voting in the affirmative and 64 members voting in the negative as follows:

YEAS - 16: Representatives Carroll, Garabedian, Levesque, C., Levesque, 6., Lima, Lowe, McNamara, Montanaro, Murphy, Pisaturo, Smith, Sullivan, Wasylyk, Williams, Williamson.

NAYS - 64: Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, 5., Barr, Benoit, Burlingame, Callahan, Cambio, Carpenter, Carter, Cicilline, Coderre, Coelho, Corvese, Dennigan, Flaherty, Fleury, Fox, George, Giannini, Ginaitt, Gorham, Henseler, Hogan, Inman, Iwuc, Kelley, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Larisa, Lewiss, Long, Lopes, Maher, Malik, Martineau, McCauley, Menard, Moura, Mumford, Munschy, Naughton, Picard, Fires, Quick, Rabideau, Reilly, Rose, Schadone, Scott, Shavers, Slater, Thompson, Vieira, Watson,Winfield.

Discussion will continue after the Budget Address.

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.

APPOINTMENTS


The Honorable Deputy Speaker appoints Representatives Martineau, Watson, Coderre, Quick, Benson and Fox, as a Committee to escort His Honor, the Lieutenant Governor and the members of the Honorable Senate to join the House of Representatives in Joint Session for the purpose of receiving the Budget Address of His Excellency, the Governor.

RECESS


At 3:56 o'clock P.M. the Honorable Deputy Speaker declares the House to be in recess in order to receive the Budget Address of His Excellency, the Governor.

CALLED TO ORDER


At 4:45 o'clock P.M. the Honorable Deputy Speaker calls the House to order.

CALENDAR


(99-S 9) (Substitute "A") An Act relating to captive insurance companies.

Representatives Wasylyk, Kennedy and Martineau discuss the amendment.

Representative Wasylyk moves that further consideration of the act be deferred until after the February recess.

The Honorable Deputy Speaker rules that the motion is out of order, as the issue of deferring consideration of the bill has been previously raised and voted upon.

Representatives Moura and Garabedian discuss the amendment.

Representative Reilly rises on a point of order for Representative Garabedian to speak germane to the amendment.

The Honorable Deputy Speaker rules for Representative Garabedian to speak germane to the amendment.

Representatives Abdullah-Odiase, Cicilline, G. Levesque, Kelso, Smith, Lima, Wasylyk, Pires, Kennedy, Montanaro, C. Levesque and Martineau discuss the amendment.

Page 1 of the amendment fails on a roll call vote, 8 members voting in the affirmative and 70 members voting in the negative as follows:

YEAS - 8: Representatives Levesque, C., Levesque, 6., Lima, Maher, Pisaturo, Smith, Wasylyk, Williams.

NAYS - 70: Representatives Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Burlingame, Callahan, Cambio, Carpenter, Carter, Cicilline, Coderre, Coelho, Corvese, Flaherty, Fleury, Fox, Garabedian, George, Giannini, Gorham, Henseler, Hetherington, Hogan, Inman, Iwuc, Kelley, Kelso, Kennedy, Kilmartin, Knickle, Lanzi, Larisa, Lewiss, Long, Lopes, Lowe, Malik, Martineau, McCauley, McNamara, Menard, Millard, Montanaro, Moura, Mumford, Munschy, Murphy, Naughton, Falumbo, Ficard, Fires, Quick, Rabideau, Reilly, Rose, Schadone, Scott, Shavers, Sherlock, Slater, Sullivan, Thompson, Vieira, Watson, Williamson, Winfield.

The remainder of the amendment fails on a roll call vote, 9 members voting in the affirmative and 69 members voting in the negative as follows:

YEAS - 9: Representatives Anderson, M., Levesque, C., Levesque, 6., Lima, Maher, Montanaro, Pisaturo, Smith, Wasylyk.

NAYS - 69: Representatives Abdullah.Odiase, Ajello, Almeida, Amaral, Anderson, 5., Barr, Benoit, Benson, Burlingame, Callahan, Cambio, Carpenter, Carter, Cicilline, Coderre, Coelho, Corvese, Flaherty, Fleury, Fox, Garabedian, George, Giannini, Gorham, Henseler, Hetherington, Hogan, Inman, Iwuc, Kelley, Kelso, Kennedy, Kilmartin, Knickle, Lanzi, Larisa, Lewiss, Long, Lopes, Lowe, Malik, Martineau, McCauley, McNamara, Menard, Millard, Moura, Mumford, Munschy, Murphy, Naughton, Falumbo, Ficard, Fires, Quick, Rabideau, Reilly, Rose, Schadone, Scott, Sherlock, Slater, Sullivan, Thompson, Vieira, Watson, Williams, Williamson, Winfzeld.

Representative Wasylyk offers a written motion to amend.

The Honorable Deputy Speaker rules that this amendment is out of order as it is identical to the question just decided.

By unanimous consent, Representative Wasylyk, seconded by Representatives C. Levesque and Pisaturo, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(99-S 9) (Substitute "A")


Mr. Speaker:

I hereby move to amend (99-S 9) (Substitute "A") entitled "AN ACT RELATING TO CAPTIVE INSURANCE COMPANIES" as follows:

On page 2, line 17, by deleting the words "or indirect

On page 2, lines 17 and 18 by deleting the words and numerals ''80% (eighty percent) and inserting in place thereof the words and numerals "100% (one hundred percent).

On page 2, line 20, by deleting the words "or indirect".

On page 2, lines 20, and 21 by deleting the words and numerals "80% (eighty percent)" and inserting in place thereof the words and numerals "100% (one hundred percent)".

Respectfully submitted,

PETER N. WASYLYK
Representative, District 10

Representatives Kennedy, Wasylyk and Kilmartin discuss the amendment.

The motion to amend is read fails on a roll call vote, 6 members voting in the affirmative and 70 members voting in the negative as follows:

YEAS - 6: Representatives Levesque, C., Levesque, 6., Lima, Fisaturo, Smith, Wasylyk.

NAYS - 70: Representatives Abdullah-Odiase, Ajello, Almeida, Amaral, Anderson, M., Anderson, 5., Barr, Benoit, Benson, Burlingame, Callahan, Cambio, Carpenter, Cicilline, Coderre, Coelho, Corvese, Flaherty, Fleury, Fox, Garabedian, George, Giannini, Gorham, Henseler, Hetherington, Hogan, Inman, Iwuc, Kelley, Kelso, Kennedy, Kilmartin, Knickle, Lanzi, Larisa, Lewiss, Long, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moura, Mumford, Munschy, Murphy, Naughton, Ficard, Fires, Quick, Rabideau, Reilly, Rose, Schadone, Scott, Shavers, Sherlock, Slater, Sullivan, Thompson, Vieira, Watson, Williams, Williamson, Winfield.

By unanimous consent, Representative Wasylyk, seconded by Representatives C. Levesque, Lima and Pisaturo, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(99.5 9) (Substitute "A")


Mr. Speaker:

I hereby move to amend (99-S 9) (Substitute "A") entitled "AN ACT RELATING TO CAPTIVE INSURANCE COMPANIES" as follows:

On page 2, lines 23 and 24, by deleting all language on lines 23 and 24.

Respectfully submitted,

PETERN.WASYLYK
Representative, District 10

Representatives Cicilline, Burlingame, Wasylyk and Lewiss discuss the amendment.

The motion to amend is read and fails on a roll call vote, 9 members voting in the affirmative and 68 members voting in the negative as follows:

YEAS - 9: Representatives Anderson, S., Levesque, C., Levesque, G., Lima, Montanaro, Murphy, Fisaturo, Smith, Wasylyk.

NAYS - 68: Representatives Abdullah-Odiase, Ajello, Almeida, Amaral, Barr, Benoit, Benson, Burlingame, Callahan, Cambio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Flaherty, Fleury, Fox, Garabedian, George, Giannini, Gorham, Henseler, Hetherington, Hogan, Inman, Iwuc, Kelley, Kelso, Kennedy, Kilmartin, Knickle, Lanzi, Larisa, Lewiss, Long, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Moura, Mumford, Munschy, Naughton, Falumbo, Ficard, Fires, Quick, Rabi. deau, Reilly, Rose, Schadone, Scott, Shavers, Sherlock, Slater, Sullivan, Thompson, Vieira, Watson, Williams, Williamson, Winfield.

Representatives C. Levesque, Wasylyk and Martineau discuss the act.

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on a roll call vote, 70 members voting in the affirmative and 7 members voting in the negative as follows:

YEAS - 70: Representatives Abdullah-Odiase, Ajello, Almeida, Amaral, Anderson, S., Barr, Benoit, Benson, Burlingame, Callahan, Cambio, Carpenter, Carter, Cicilline, Coderre, Coelho, Corvese, Flaherty, Fleury, Fox, Garabedian, George, Giannini, Gorham, Henseler, Hetherington, Hogan, Inman, Iwuc, Kelley, Kelso, Kennedy, Kilmartin, Knickle, Lanzi, Larisa, Lewiss, Long, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Moura, Mumford, Munschy, Murphy, Naughton, Falumbo, Ficard, Fires, Quick, Rabideau, Reilly, Rose, Schadone, Scott, Shavers, Sherlock, Slater, Sullivan, Thompson, Vieira, Watson, Williams, Williamson, Winfield.

NAYS - 7; Representatives Anderson, M., Levesque, C., Levesque, G., Lima, Fisaturo, Smith, Wasylyk.

TRANSMITTAL


By unanimous consent, (99-S 9) (Substitute "A") on the Clerk's desk is ordered to be transmitted to His Excellency, the Governor, and to the Honorable Senate forthwith.

Representative Wasylyk objects to transmittal and requests the act be held on the desk.

RECONSIDERATION
(99-S 9) (Substitute "A") An Act relating to captive insurance companies.

Representative Martineau moves to reconsider the act, seconded by Representatives Henseler, Menard, Flaherty and Moura.

There is no objection.

Representatives Martineau and Burlingame discuss the reconsideration.

The motion to reconsider prevails on a roll call vote, 60 members voting in the affirmative and 12 members voting in the negative as follows:

YEAS -60: Representatives Abdullah-Odiase, Barr, Benoit, Benson, Callahan, Cambio, Carpenter, Carter, Coderre, Coelho, Corvese, Flaherty, Fleury, Fox, George, Giannini, Gorham, Henseler, Hetherington, Hogan, Inman, Iwuc, Kelso, Kennedy, Kilmartin, Knickle, Larisa, Levesque, G., Lewiss, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Moura, Mumford, Munschy, Naughton, Falumbo, Ficard, Fires, Quick, Rabideau, Reilly, Rose, Schadone, Scott, Shavers, Sherlock, Slater, Sullivan, Thomp. son, Vieira, Watson, Williams, Williamson, Winfield.

NAYS - 12: Representatives Ajello, Almeida, Amaral, Anderson, M., Burlingame, Cicilline, Kelley, Lima, Long, Fisaturo, Smith, Wasylyk.

(99-S 9) (Substitute "A") An Act relating to captive insurance companies.

Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".

Representative Martineau moves passage of the act, seconded by Representatives Henseler, Menard, Reilly, Palumbo, Kennedy, Rose, Cicilline, Coelho and Moura.

Representatives Smith, Long, Cicilline, Wasylyk, Lopes and Lewiss discuss the act.

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on a roll call vote, 68 members voting in the affirmative and 6 members voting in the negative as follows:

YEAS - 68: Representatives Abdullah.Odiase, Ajello, Almeida, Amaral, Anderson, S., Barr, Benoit, Benson, Burlingame, Callahan, Cambio, Carpenter, Carter, Cicilline, Coderre, Coelho, Corvese, Flaherty, Fleury, Fox, George, Giannini, Gorham, Henseler, Hetherington, Hogan, Inman, Iwuc, Kelley, Kelso, Kennedy, Kilmartin, Knickle, Lanzi, Larisa, Levesoue, G., Lewiss, Long, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Moura, Mumford, Munschy, Naughton, Falumbo, Ficard, Fires, Quick, Rabideau, Reilly, Rose, Schadone, Shavers, Sherlock, Slater, Sullivan, Thompson, Vieira, Watson, Williams, Williamson, Winfield.

NAYS - 6: Representatives Anderson, M., Levesque, C., Lima, Fisaturo, Smith, Wasylyk.

REQUESTS


Representative G. Levesque requests the Journal to reflect that he had voted incorrectly on (99-S 9) (Substitute "A"), he should have voted in the negative.

There is no objection.

Also:

Representative Scott requests the Journal to reflect that if he had voted on (99-S 9) (Substitute "A"), he would have voted in the affirmative.

There is no objection.

ANNOUNCEMENTS


The Honorable Deputy Speaker Inman wishes his daughter Sarah a very Happy "3rd" Birthday.

Also:

Representative Lanzi wishes Jill Anderson a Happy "20th" Birthday on February 13th.

Also:

Representative Lewiss wishes his sister Dr. Resa Lewiss a very Happy "29th" Birthday on February 12th.

Also:

Majority Leader Martineau reminds everyone of the get together upstairs in the Leader's Lounge at the rise.

Also:

Representative Abdullah-Odiase rises to honor Mrs. Joy Long and her Home Economics class at Central High School.

DESK HELD OPEN


Representative Martineau requests that the desk remain open.

There is no objection.

RECESS


At 6:09 o'clock P.M. on motion of Representative Coderre, and as a further mark of respect to the memory of John H. LeClair, seconded by Representatives Martineau and Watson, the House is in recess, on a unanimous rising vote.

CALLED TO ORDER


At 5:14 o'clock P.M. on Tuesday, February 23, 1999, the Honorable Speaker calls the House to order.

ADJOURNMENT


At5:15 o'clock P.M. on motion of Representative Sherlock, seconded by Representative Watson, the House adjourns, on a voice vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION


REPRESENTATIVE KENNETH CARTER


Dear Lord, as we consider the State Budget in the weeks to come, grant that we may be faithful stewards for the people we represent.Amen.



Appendix



CONSENT CALENDAR




In order for Tuesday, February 23, 1999:

1. (99-S 3) An Act reinstating and restoring forfeited or revoked corporate charters.

Committee on Corporations recommends passage in concurrence.

2. (99-S 89) An Act reinstating and restoring forfeited or revoked corporate charters.

Committee on Corporations recommends passage in concurrence.

LOUIS D'ANTUONO
Reading Clerk
Thursday, February 11, 1999

Appendix



CALENDAR


In order for Wednesday, February 24, 1999:

1. (99-H 6089) An Act relating to towns and cities town housing authority.

Committee on Corporations recommends passage.

2. (99-H 5421) An Act relating to taxation.

Committee on Corporations recommends passage.

LOUIS D'ANTUONO
Reading Clerk
Thursday, February 11, 1999

Appendix



PROCEEDINGS IN JOINT SESSION


Thursday, February 11, 1999

His Honor, the Lieutenant Governor, Charles J. Fogarty, in the Chair.

CALLED TO ORDER


The Joint Session is called to order at 4:12 o'clock P.M.

Upon suggestion of His Honor, the Lieutenant Governor, and by unanimous consent, the reading of the roll of the Senate and the roll of the House of Representatives is dispensed with, there being a quorum of the Senate and a quorum of the House of Representatives present, therefore a quorum of the Joint Session.

Upon suggestion of His Honor, the Lieutenant Governor, and by unanimous consent, the reading of the Resolution (99-H 6075) of invitation is dispensed with.

His Honor, the Lieutenant Governor, by unanimous consent, appoints Senators DaPonte, Igliozzi, Tocco, Flynn, Patterson and Parella, and Representatives Abdullah-Odiase, Picard and Callahan, a Committee to escort His Excellency, the Governor, Lincoln Almond and guests to the Chamber.

Joint Session attends while the State University and College Presidents enter the Chamber.

Joint Session attends while the Mayors, Town Administrators and Local City and Town Officials enter the Chamber.

Joint Session attends while the Directors of the Executive Departments and invited guests enter the Chamber.

Joint Session attends while members of the Judiciary enter the Chamber.

Joint Session attends while members of the Governor's family and special guests enter the Chamber.

Joint Session attends while the Honorable Sheldon Whitehouse, Attorney General and the Honorable Paul J. Tavares, General Treasurer, enter the Chamber.

Joint Session attends while His Excellency, the Governor, Lincoln Almond, enters the Chamber.

His Honor, the Lieutenant Governor, presents His Excellency, the Governor, Lincoln Almond, to the Joint Session. The Governor delivers his Budget Message.

(See Appendix for Budget Message.)


Upon suggestion of His Honor, the Lieutenant Governor, and by unanimous consent, the Joint Session attends while the committee escorts His Excellency, the Governor, Lincoln Almond, and invited guests from the Chamber.

ADJOURNMENT




Upon motion of Representative Martineau, seconded by Senator Kelly, and by unanimous consent, Joint Session adjourns and the two Houses separate at 4:44 o'clock P.M.



RAYMOND T. HOYAS, JR.
Clerk of the Senate


Appendix



STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER
PROVIDENCE

THE HONORABLE LINCOLN C. ALMOND, GOVERNOR

Remarks

BUDGET ADDRESS 1999

Thursday, February 11, 1999


Speaker Harwood, Lieutenant Governor Fogarty, Majority Leader Kelly; Members of the General Assembly; Members of the Judiciary; Distinguished guests; My fellow Rhode Islanders.

As I present the first budget of a new century, I will be assisted by the latest technology.

While you will see graphs and charts depicting our progress, we must bear in mind that this budget isn't just about numbers and statistics. It's about what makes Rhode Island all that it is.

It's about our greatest asset -- our people.

The budget is our most powerful investment tool. Let's look at how it has taken shape over the years.

Four years ago, we had a government we could not afford. We knew we had to change that and we did.

Together we developed a long-term strategy to put our fiscal house in order. What we did years ago enabled us to strengthen our economy and make our state more competitive.

Revenues have increased to the point where we have had budget surpluses for the past two years. That's enabled us to invest in our priorities. The result -- More and more Rhode Islanders are working. Unemployment is at the lowest it has been in nine years.

Income tax receipts have increased by more than 20 million dollars over last year despite the fact that we're cutting the income tax for the third year in a row. Our state is more business friendly than ever before. Just yesterday the Wall Street Journal posed the question, "Is the nation's smallest state the hottest place to put a manufacturing plant?"

The answer is yes according to a Florida consulting firm that ranked Rhode Island number one in the nation for having the qualities that corporate executives say are most desirable. Our success story was also highlighted on national

I've always said that it's my goal to make Rhode Island the most competitive state in the Northeast by the year 2000. Well, we're making it nationally. Let's applaud our efforts.

Our economy is also stronger because our debt is declining. Just look at the chart, and you'll see that line is heading in the right direction-down.

We have to remember that debt avoidance is just as important as debt reduction.

That's why we instituted an aggressive pay as you go asset protection plan that has greatly reduced our reliance on debt for long-term projects.

That has enabled us to invest in our dorms and academic buildings, in the preservation of our State House and in our facilities at our state beaches to name a few.

Since 1997 we've moved an additional 5 point 5 cents of the gas tax to Transportation. Couple that with the additional penny I am proposing to transfer in next year's budget, and we'll have made available 29 million dollars for transportation services. That's reducing the state's reliance on bonds.

We have come a long way. Now we have to build upon the momentum we've gained. We can do that by investing wisely. By exercising sound fiscal judgement. By working together.

Just as this budget is an investment tool to rebuild Rhode Island, it's also an investment in our human infrastructure.

All children deserve to have a solid foundation from which to make their dreams a reality. That's why we're investing in our children from the moment they are born.

That's giving them a healthy start in life. We know that one of the greatest threats to children's health is lead poisoning. No child should live with the fear that their home is not a safe haven. This year I am proposing to allocate 3 point 5 million dollars to combat lead poisoning.

That will enable us to double the funding for the Housing Resources Commission for lead abatement.

Additionally, it will mean more funding for lead abatement training, for lead prevention grants, and for better coordination of the State's activities in these areas.

Most young children have one thing in common -- they're in child care. That's why we have to ensure that working families have high quality, affordable child care readily available. Last year we joined forces and enacted the first year of my Starting Right program.

Let's dedicate an additional 7 million dollars to bring Starting Right to the next level. Just think. This money will provide child care to more and more working families.

We also have to make sure that our children are learning when they are in child care -- whether it's acquiring computer skills or exploring their creativity. This funding will help make that happen by supporting the training and accreditation of child care providers and by improving early childhood programs.

When the school bell rings at the end of the day, youth need meaningful activities to participate in.

That's why we must provide funds for after school programs for children up to age 15.

While we're investing in child care and after school programs, we're also enhancing elementary and secondary education. Together, we've set education reform in motion. We are challenging our students.

We're assessing student performance. We're making school aid more equitable.

We're also allocating more funds for elementary and secondary education. As a result of our strong economy, we've increased funding for our schools by over 100 million dollars since 1995. That's something we can all be very proud of.

Just look at the graph, and you'll see the trend. Education spending continues to be on the rise.

I intend to keep it that way. Now we have to stay the course. Let's increase state aid to schools by 21 million dollars. I want to do even more.

As additional revenues become available, I will seek to increase funding for elementary and secondary education.

All day kindergarten benefits children. Children receive more individualized classroom instruction. Teachers have more time to monitor a child's progress.

This prepares students for future challenges and makes the transition from kindergarten to first grade even easier.

At the present time, 14 percent of the state's kindergarten students are enrolled in full-day kindergarten.

We have to encourage school districts to establish full day kindergarten. It is a sound investment that will reap great benefits for years to come.

I am asking the General Assembly to set aside two million dollars for incentive grants so that more and more school districts can offer all-day kindergarten for more and more children.

Teachers and parents play a crucial role in empowering our children to learn how to read.

We need to encourage educators and families to join forces to ensure that all fourth graders are proficient in reading. Teachers must have the best practices and approaches to help children learn to read.

That's why I am calling for 500 thousand dollars to improve professional development in reading.

Let's also allocate 350 thousand dollars for reading specialists to assist local school districts with reading programs.

As school districts look at their budgets, they often cut funding for building renovations and for new textbooks.

I am proposing to cap lottery revenues at their current level and direct excess receipts to fund an asset protection program for our schools.

As long as lottery revenues continue to increase, millions of dollars will be available to school districts for one-time investments. Let's put these new lottery revenues to good use.

While we're investing in elementary and secondary education, we have to make sure that our institutions of higher education meet the challenges of the 21st century.

I am proposing to increase funding to our state colleges and university by 5 point 9 million dollars over last year's budget. As new funds become available, I will seek to increase this commitment.

During the past four years, we have undergone the greatest period of construction and renovation at our colleges and university in at least a generation, utilizing bonds and asset protection funding. We're expanding the Providence and Warwick campus at the Community College.

We're spurring the development of East Campus at Rhode Island College where we are building a new Performing Arts Center.

We're making URI more competitive than ever by building and renovating academic buildings and dorms. This year I am recommending that we allocate point 2 million dollars to renovate dorms at URI.

We're working hard to ensure that we have a new Convocation Center and athletic facility at URI.

Just today I held a press conference to officially kickoff our private fundraising efforts. What a great start. Advance gifts total 5 point 7 million dollars.

My thanks to the private sector for stepping up to the plate to enhance the university which bears our state's name.

Now we must show our commitment to this project by allocating 5 million dollars in this budget to help make this facility a reality. Let's do it out of current revenue.

When our youth graduate from school, we must ensure that they have gainful employment in our state.

Our Centers of Excellence are an important budget tool that support the growth of cutting edge businesses in emerging technologies. We have a Center of Biotechnology and a Center of Ocean Technology.

We're doing all that we can to increase employment in the industries of the future.

Now the time has come for us to create another Center of Excellence. Let's allocate 500 thousand dollars to get this initiative off the ground.

We must boost employment in urban areas. Let's spur the growth of small minority owned businesses and provide 250 thousand dollars for a business incubator in South Providence.

Building a container port at Quonset represents the greatest economic opportunity for our state. You know it. So do I.

My sincere appreciation to you for your support of this project. We've already seen great success at Quonset with hundreds of good paying jobs and hundreds of millions of dollars in new investment. We must do all that we can to ensure that Quonset reaches its full potential.

Through bonds that were passed by voters in 1996, we're continuing our investment to improve infrastructure at Quonset Point and Davisville and continue our support for the third rail.

We are also continuing our investment for our Master Plan for Galilee through our pay as you go asset protection plan by including 2 point 3 million dollars in this year's budget to repair the piers. This is the second installment in our 9.4 million dollar commitment to improve Galilee. That's a big plus for our fishing industry, and for our plans to increase tourism in Galilee.

Tourism is our fastest growing industry. We can do even more to get the word out that Rhode Island is a world-class destination site. It is estimated that by the year 2000 there will be 67 million households in our nation on-line. Without question, the information super highway is changing the way tourists from around the world choose their destination site.

We have to give our state the competitive edge and further encourage visitors to travel to our shores. That's why I am launching Rhode Island Tourism 2000. Imagine how convenient it will be for tourists to go on-line to obtain the information they need to plan and book their Rhode Island vacation.

By linking the Economic Development Corporation with the State's Regional Tourism Organizations we can create one-stop travel planning complete with an interactive website and a toll free reservation service. I am proposing one million dollars to launch this economic development initiative.

Our state's cultural attractions are one reason why tourists choose to come to Rhode Island again and again. That's why we have to ensure the success of these vital organizations. The Rhode Island State Council on the Arts helps make that happen. Let's invest one point five million dollars for the Arts Council.

Not only will that benefit artists, but it will also assist cultural organizations like Trinity Repertory Company and the Rhode Island Philharmonic to name a few.

Let's also invest one million dollars for Heritage Harbor Museum to bring our vision for a Museum Mile in Providence to light.

A clean, healthy environment is a boon to our tourism industry as well as our economy, and it also strengthens our quality of life. How fortunate we are to have such beautiful parks, bikepaths, open spaces and beaches.

This summer beachgoers will marvel at the new pavilion at Misquamicut. You can see construction underway.

In the past this project would have been funded by bonds. We've changed that. Today it's pay as you go.

Rhode Islanders want us to invest in our most treasured natural asset-our environment.

As testimony to that fact, last fall voters approved a 15 mill.ion dollar bond that will enable us to build bikepaths and protect open space.

Let's give them an opportunity to approve the 50 million dollar referendum 1 am proposing to preserve 35 thousand acres of high priority parkland, forests, and open space by the year 2010.

I urge you to say yes to my efforts to keep Rhode Island green.

We all know that the Department of Environmental Management is the agency that is charged with the tremendous responsibility of preserving our environment. We must have strong management and investments to make the Department more successful.

Yesterday I submitted legislation to reorganize and strengthen the Department. Let's not let another year pass without putting this department on firm footing. Last year we increased expenditures to the Department by ten percent, and we created 21 additional positions. Through the supplemental budget we added 12 more positions.

That was a step in the right direction. Now we need to do more. Let's increase the staffing level and add 18 additional positions at the Department.

Just as our environment is an asset to our state, so are our elders. That means we have to help elders lead independent lives.

As part of our ongoing efforts, I am proposing to increase rates for home health workers.

Let's also expand services for prescription drug assistance, transportation, and Meals on Wheels. I am proposing an additional 100 thousand dollars for Meals on Wheels to reduce the wait list for this service.

As revenue becomes available, elderly services will join education as a priority.

We have to do more to enhance our Department of Elderly Affairs. That's why I am proposing to move the Department to the Howard Complex in Cranston.

A new Center on Aging will provide proper office space arid the latest technology to link the Department with senior centers throughout the state.

Located at the Howard Complex, the Department of Elderly Affairs will be able to better coordinate services with our other human service agencies already located there.

By moving the Department of Elderly Affairs to Cranston, we will be fulfilling our vision for a government center in Cranston.

Let's provide 3.4 million dollars over the next two years to ensure that this important department meets the challenges of the 21 century.

As you're aware, cities like Cranston, Providence and Newport have a significant number of properties that are tax exempt. That's why we have the payment in lieu of taxes program. We have to increase our state's commitment to support local communities to help them provide needed services to their residents.

That's why I am proposing to increase the payment level to 30 percent within the next two years.

From a new Express Registry in northern Rhode Island to the piers in Newport, from the Fox Point Hurricane Barrier to our beloved State House, we're investing in every corner of our state.

The budget I am presenting will advance my vision for a stronger Rhode Island. A Rhode Island that will give our children the skills and courage to meet the challenges before them. A Rhode Island that will compete in the global economy. That will protect the quality of life that all of our residents hold so dear.

That will raise hopes and aspirations even higher.

As we move forward in the budget process, let's do so through the eyes of Rhode Islanders. Let's look at the progress and the investments we have made. Let's use the budget as a tool to create a future full of hope and opportunity for each and every man, woman and child in our state. Thank you.



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