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. 39 Tuesday, April 13, 1999 Thirty-ninth Day


The House of Representatives meets at the State House in Providence, Tuesday, April 13, 1999, and is called to order at 5:17 o'clock P.M., by the Honorable Edward S. Inman, III, Deputy Speaker.

The roll is called and a quorum is declared present with 92 members present and 7 members absent as follows;

PRESENT - 92; Representatives Abdullah-Odiase, Aiken, Almeida, Amaral, Anderson, M., Anderson, 5., Barr, Benoit, Benson, Bramley, Burlingame, Callahan, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Farrell, Ferguson, Flaherty Fleury, Fox, Garabedian, Garvey, George, Giannini, Gorham', Heffner, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kelley, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Millard, Montanaro, Moura, Mumford, Munschy, Murphy, Naughton, Palangio, Palumbo, Picard, Fires, Pisaturo, Rabideau, Reilly, Rose, Russo, San Bento, Schadone, Scott, Shavers, Sherlock, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Wasylyk, Watson, Williams, Williamson, Winfield.

ABSENT 7: The Honorable Speaker Harwood and Representatives Ajello, Cambio, Ginaitt, Kelso, Quick, Voccola.

INVOCATION



The Honorable Deputy Speaker presents Representative Lally, who delivers the Invocation and leads the membership in the Pledge of Allegiance to the Flag.

(For Invocation, see Appendix, this Journal.)




CORRECTION


By unanimous consent, the House Journal of Thursday, April 8, 1999, is hereby corrected by recording Representative Lima as being present.

APPROVAL OF RECORD


By unanimous consent, the House Journal of Thursday, April 8, 1999, is approved as corrected.

ANNOUNCEMENT


Representative A]ello will be unable to attend session today, April 13, 1999, due to illness.

GUEST
At 5:20 o'clock P.M. the Honorable Deputy Speaker yields the rostrum to Representative Cicilline.

By unanimous consent, Representative Cicilline addresses the members of the House and welcomes to the House Lea Eliash, a Holocaust survivor from the Koono Ghetto in Lithuania.

By unanimous consent, Lea Eliash addresses the members of the House.

At 5:44 o'clock P.M. the Honorable Deputy Speaker returns to the rostrum.

(For House Resolution Commemorating Victims of the Holocaust, see Appendix, this Journal.)

EFFECTIVE WITHOUT SIGNATURE OF

THE GOVERNOR


The Honorable Deputy Speaker announces receipt by the Secretary of State of the following measures, effective without signature of His Excellency, the Governor:

(99-H 6077) An Act reinstating and restoring forfeited or revoked corporate charters, effective April 6, 1999.

(99-H 6160) An Act reinstating and restoring forfeited or revoked corporate charters, effective April 6, 1999.

(99-H 5245) An Act reinstating and restoring forfeited or revoked corporate charters, effective April 6, 1999.

(99-H 5537) An Act reinstating and restoring forfeited or revoked corporate charters, effective April 6, 1999.

(99-H 5589) An Act reinstating and restoring forfeited or revoked corporate charters, effective April 6, 1999.



COMMUNICATION FROM THE SENATE


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

(99-S 957) An Act to vacate the forfeiture or revocation of the charter of Tite Tolerance, Inc.

Read and referred to the Committee on Corporations.

REPORTS OF COMMITTEES


COMMITTEE ON SPECIAL LEGISLATION


Representative Lopes, for the Committee on Special Legislation, reports back the following measure, with recommendation of passage: Tuesday, April 13, 1999

(99-H 5502) (Substitute A An Act relating to elections mail ballots.

Received and ordered to be placed on the Calendar.

COMMITTEE ON
HEALTH, EDUCATION AND WELFARE


Representative Benoit, for the Committee on Health, Education and Welfare, reports back the following measures, with recommendation of passage:

(99-H 6169 as amended) An Act relating to state affairs and government.

Received and ordered to be placed on the Calendar.

(99-H 6096) An Act relating to businesses and professions interpretation for the deaf.

Received and ordered to be placed on the Calendar.

(99-H 6098) (Substitute "A") An Act relating to education school for the deaf.

Received and ordered to be placed on the Calendar.

(99-H 6099) An Act relating to health and safety - Commission on the Deaf and Hearing Impaired.

Received and ordered to be placed on the Calendar.

(99-H 5969) (Substitute "A") An Act relating to motor and other vehicles - miscellaneous rules.

Received and ordered to be placed on the Calendar.

(99-H 6022) (Substitute "A") House Resolution creating a special House commission to determine the necessity of licensing of naturopathic physicians practicing in Rhode Island.

Received and ordered to be placed on the Calendar.

(99-H 6062) An Act relating to education - the Rhode Island substance abuse prevention act.

Received and ordered to be placed on the Calendar.

(99-H 5275) (Substitute "A") Joint Resolution creating a special legislative commission to investigate the best method of promoting the finding and hiring additional minority teachers in Rhode Island public school.

Received and ordered to be placed on the Calendar.

(99-H 5866) (Substitute "A") An Act relating to education- adult education.

Received and ordered to be placed on the Calendar.

(99-H 6241) (Substitute "A") An Act relating to Board of Regents for Elementary and Secondary Education.

Received and ordered to be placed on the Calendar.

(99-H 5325) (Substitute "A") House Resolution relating to education.

Received and ordered to be placed on the Calendar.

(99-H 5429) An Act relating to school budgets.

Received and ordered to be placed on the Calendar.

(99-H 5872 amended) An Act relating to scenic highways.

Received and ordered to be placed on the Calendar.

(99-H 5949) (Substitute "A") An Act relating to health and safety - legislative commission on historical cemeteries.

Received and ordered to be placed on the Calendar.

(99-H 5955) (Substitute "A") An Act relating to cemeteries.

Received and ordered to be placed on the Calendar.

(99-H 5618) (Substitute "A") An Act relating to businesses and professions.

Received and ordered to be placed on the Calendar.

COMMITTEE ON FINANCE


Representative Pires, for the Committee on Finance, reports back the following measure, with recommendation of passage:

(99-H 5062) (Substitute "A") An Act making revised appropriations for the support of the state for the fiscal year ending June 30, 1999.



Representative Pires requests unanimous consent to place the item on the Calendar for April 15, 1999, as a Special Order of Business.

There is no objection.

Received and ordered to be placed on the Calendar for Thursday, April 15, 1999, as a Special Order of Business.

NOTICES OF BILL/RESOLUTION
INTRODUCTION


Representative Faria gives notice that on the next legislative day, he will introduce a measure concerning special House commission to study the auto body business.

This notice is given in compliance with House Rule 42.

JOSEPH L. FARIA
Representative, District 72

Received and ordered to be placed on file.

Representative Heffner gives notice that on the next legislative day, he will introduce a measure concerning elections.

This notice is given in compliance with House Rule 42.

MARK HEFFNER
Representative, District 88

Received and ordered to be placed on file.

Representative Kelley gives notice that on the next legislative day, she will introduce a measure concerning Department of Health.

This notice is given in compliance with House Rule 42.

LEONAA. KELLEY
Representative, District 49

Received and ordered to be placed on file.

Representative Callahan gives notice that on the next legislative day, she will introduce a measure concerning motor carriers of property.

This notice is given in compliance with House Rule 42.

CHRISTINE H. CALLAHAN
Representative, District 99

Received and ordered to be placed on file.

Representative Callahan gives notice that on the next legislative day, she will introduce a measure concerning taxi cabs.

This notice is given in compliance with House Rule 42.

CHRISTINE H. CALLAHAN
Representative, District 99

Received and ordered to be placed on file.

Representative Callahan gives notice that on the next legislative day, she will introduce a measure concerning motor vehicles.

This notice is given in compliance with House Rule 42.

CHRISTINE H. CALLAHAN
Representative, District 99

Received and ordered to be placed on file.

Representative Simonian gives notice that on the next legislative day, he will introduce a measure concerning highways.

This notice is given in compliance with House Rule 42.

JOHN S.SIMONIAN
Representative, District 27

Received and ordered to be placed on file.

Representative Menard gives notice that on the next legislative day, he will introduce a measure concerning telecommunications.

This notice is given in compliance with House Rule 42.

RENE R.MENARD
Representative, District 58

Received and ordered to be placed on file.

Representative Menard gives notice that on the next legislative day, he will introduce a measure concerning the utilized proceeds from the tobacco lawsuit for education.

This notice is given in compliance with House Rule 42.

RENE R. MENARD
Representative, District 58

Received and ordered to be placed on file.


NEW BUSINESS


Representatives C. Levesque, Maher and Quick introduce (99-H 6379) An Act relating to taxation - property subject to taxation.

Read and referred to the Committee on Corporations.

Representative Carpenter introduces (99-H 6380) Joint Resolution making an appropriation of $1,044.09 to pay the claim of Michael Rota of 55 Deerpath Lane, Mansfield, MA 02048 and Edward G. Kelly, Esq. of 206 Winter Street, Fall River, MA 02720.

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

Representative Kelso introduces (99-H 6381) Joint Resolution making an appropriation of $2,060.18 to pay the claim of Erin Fisheries, Inc. of 13 Sea Lea Drive, Narragansett, Rhode Island 02882.

Read and referred to the Joint Committee on Accounts and Claims. Tuesday, April 13, 1999 Representatl "e Carpenter introduces (99-H 6382) Joint Resolution making an appropriation of $9,561.00 to pay the claim of Sally A. Palmer of 76 Canonchet Road, Hope Valley, Rhode Island 02832.

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

Representative Russo introduces (99-H 6383) Joint Resolution making an appropriation of $645.04 to pay the claim of Elaine Narducci of 27 LaFazia Drive, Johnston, Rhode Island 02919.

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

Representative Carpenter introduces (99-H 6384) Joint Resolution making an appropriation of $1,454.60 to pay the claim of Liberty Mutual Insurance Company, 114 Turnpike Road, P.O. Box 5104 Westborough, Massachusetts 01581-5104 as subrogee of Joseph A. Filipkowski of 28 Mill Wheel Road, Warwick, Rhode Island 02886-8453.

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

Representatives Cicilline, Martineau, Watson, Benoit, Henseler and several other members of the House introduce (99-H 6385) House Resolution commemorating the Victims of the Holocaust.

Representative Cicilline requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Aiken, Garabedian, Henseler and Watson introduce (99-H 6386) House Resolution extending the reporting date of the special H.J.-6 JOURNAL House commission to study the reinstitution of minimum staffing levels for nursing facilities and skilled nursing homes.

Representative Aiken requests unanimous consent for immediate consideration. There is no obj ection.

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

Representatives Martineau and Watson intro duce (99-H 6387) 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 Representative Watson, and by unanimous consent, on a voice vote.

TRANSMITTAL



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

ANNOUNCEMENTS


Representative Garvey announces that the Joint Committee on Highway Safety will meet tomorrow at 2:00 o'clock P.M. in Room 313 of the StateHouse.

Also:

Representative S. Anderson announces that the Joint Committee on Water Resources will meet tomorrow at 3:00 o'clock P.M. in Room 207 of the StateHouse.

Tuesday, April 13, 1999

APPOINTMENTS


The Honorable Deputy Speaker appoints the following Representatives, the Honorable 'Aisha Abdullah-Odiase, the Honorable Denise Aiken, the Honorable Steven Costantino, and the Honorable Leona Kelley, as a Committee to notify the Honorable Charles Fogarty, Senate President, and the Honorable Senate, that the House of Representatives awaits their arrival to join in the Joint Session, for the purpose of receiving the State of Education Address.

ADJOURNMENT


At 5:53 o'clock P.M. on motion of Representative Giannini, and as a further mark of respect to the memory of Joseph Petteruti, seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION

REPRESENTATIVE DONALD J. LALLY, JR.

Thank you God for Your presence here with us, and Your blessings on this Assembly today and every day. Amen.

Tuesday, April 13, 1999

Appendix



STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 1999

HOUSE RESOLUTION
COMMEMORATING THE VICTIMS OF THE HOLOCAUST

Whereas, April 13th is Holocaust Remembrance Day (Yom Hashoah), and is a solemn day of remembrance commemorating the victims of the Holocaust; and

Whereas, In the mist of the presumably enlightened 20th Century, Germany, an ancient land long steeped in Christian tradition, with a culture that once inspired and nurtured such giants as Goethe and Beethoven, surrendered itself and its heritage to the dark, irrational underside of the human spirit and degenerated into the neo-barbarism of Nazism - a decent into Hell that not only engulfed and destroyed Germany, but threatened to extinguish the light of civilization throughout the world; and

Whereas, When the weapons of mass destruction were finally silenced, and the totality of Nazi crimes and atrocities were made known, an amazed and terrified world could only stand as a stunned and enraged witness to what fellow human beings had inflicted upon their brothers and sisters; and

Whereas, The horror and anguish of a not so distant past that so permeated such infamous killing grounds as Auschwitz, Buchenwald, Dachau and Belson, which have today been replaced by a preternatural quiet and calm that hovers somberly over rows of sanitized barracks and rusting ovens that once attempted to mask the enormity of Nazi crimes, now stand as mute memorials to six million Jews and eleven million total victims who succumbed to the deliberate Nazi program of genocide known as the Holocaust; and

Whereas, We, the citizens of Rhode Island, the heirs to a rich heritage of religious tolerance and respect for individual liberty and dignity, know all too well that the price exacted for these rights and freedoms is eternal vigilance and courage, and we are particularly sensitive to the anguish of those far less fortunate than ourselves who have suffered and died for their religious convictions; and

Whereas, The lessons of the Holocaust have been powerfully articulated by Walter Reich, Director of the US Holocaust Memorial Museum in Washington. "The past informs us so we understand how we can live in the present and not repeat the mistakes and the depredations ... Anyone who tries to take a very dark chapter in history, distort it, transform it in order to enable current policies to proceed as be or she wishes, is not only desecrating the past but also the present and laying a foundation for the desecration of the future.... We cannot understand the nature and meaning and possible consequences of prejudice unless we understand history.' Anybody who attempts to distort history takes away from us our ability to understand those consequences."; now, therefore be it

Resolved, That this House of Representatives of the State of Rh ode Island and Providence Plantations hereby reaffirms its pledge to work to eradicate bigotry, prejudice, brutality and injustice through education, vigilance and resistance to the forces of oppression, and calls upon our fellow citizens to observe April 13th, 1999 as Holocaust Remembrance Day; and be it further

Resolved, That the Secretary of State be and he is hereby authorized and directed to transmit duly certified copies of this resolution to the United States Holocaust Museum, the Rhode Island Holocaust Museum, the Jewish Federation of Rhode Island and the Jewish Community Center of Rhode Island.



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