HOUSE JOURNALS 05-05-1999

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. 46 Wednesday, May 5, 1999 Forty-sixth Day

The House of Representatives meets at the State House in Providence, Wednesday, May 5, 1999, and is called to order at 4:32 o'clock P.M., by the Honorable John B. Harwood, Speaker.

The roll is called and a quorum is declared present with 95 members present and 4 members absent as follows:

PRESENT - 96; The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, 5., Barr, Benoit, Benson, Bramley, Burlingame, Callahan, Cambio, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Ginaitt, Gorham, Heffner, Henseler, Hogan, Inman, Iwuc, Jacquard, Kelley, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, 6., Lewiss, Lima, Long, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Millard, Montanaro, Moura, Mumiord, Munschy, Murphy, Naughton, Palangio, Palumbo, Picard, Fires, Pisaturo, Quick, Rabideau, Reilly, Rose, Russo, San Bento, Schadone, Scott, Sherlock, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

ABSENT - 4: Representatives Carpenter, Carroll, Hetherington, Shavers.

INVOCATION

The Honorable Speaker presents Representative Henseler, 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 Tuesday, May 4, 1999, is approved as printed.

COMMUNICATION FROM THE SENATE

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

(99-S 16) (Substitute "A") An Act relating to domestic abuse prevention.

Read and referred to the Committee on Judiciary.

(99-S 303) (Substitute "A") An Act relating to criminal offenses sexually violent predators.

Read and referred to the Committee on Judiciary.

(99-S 405) (Substitute "A") An Act relating to criminal offenses - operation of motor vehicle while intoxicated.

Read and referred to the Committee on Judiciary.

(99-S 457) An Act relating to insurance.

Read and referred to the Committee on Corporations.

(99-S 462) (Substitute "A") An Act relating to motor and other vehicles - motor vehicle offenses.

Read and referred to the Committee on Judiciary.

(99-S 638) (Substitute "A") An Act relating to elections.

Read and referred to the Committee on Judiciary.

(99-S 640) An Act relating to motor vehicles.

Read and referred to the Committee on Judiciary.

(99-S 930) An Act exempting from taxation the real, mixed and personal property of Mount Hope Trust in Bristol.

Read and referred to the Committee on Corporations.

ANNOUNCEMENT

Representative Barr wishes page Jean Resnevic a Happy "18th" Birthday.

GUESTS

Representatives Pires and Benson welcome to the House as a guest Nyisha Conry from Pawtucket, winner of the Youth of the Year Award from the Boys and Girls Club of Rhode Island.

Also:

Representative Pires also welcomes to the Chamber Greg Pappas, Director of the Pawtucket Boys & Girls Club.

REPORTS OF COMMITTEES

COMMITTEE ON CORPORATIONS

Representative Kennedy, for the Committee on Corporations, reports back the following measures, with recommendation of passage:

(99-H 6327) (Substitute "A") An Act relating to corporations, associations and partnerships -Limited Liability Partnership and the Rhode Island Limited Liability Company Act.

Received and ordered to be placed the Calendar.

(99-H 5644) (Substitute "A") An Act relating to businesses and professions.

Received and ordered to be placed on((the Calendar.

(99-H 5914) An Act relating to property redemption, release and transfer of mortgages.

Received and ordered to be placed on the Calendar.

(99-H 6278) An Act relating to state fairs an government.

Received and ordered to be placed on the Calendar.

(99-H 6197) An Act relating to motor vehicles air pumps.

Received and ordered to be placed on the Calendar.

(99-H 6159) An Act relating to cities and towns - telecommunications.

Received and ordered to be placed on the Calendar. TRANSFER OF BILLS

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

(99-H 6374) An Act relating to public utilities and carriers.

Received and referred to the Committee on Corporations.

NOTICE OF BILL/RESOLUTION INTRODUCTION

Representatives M. Anderson and Henseler give notice that on the next legislative day, they will introduce a measure concerning mobile homes.

This notice is given in compliance with House Rule 42.

SUZANNE M. HENSELER
Representative, District 44

Received and ordered to be placed on file.

NEW BUSINESS

Representatives Cicilline, Benoit, Crowley, Carpenter and Aj ello introduce (99-H 6450) An Act relating to criminal offenses - weapons.

Read and referred to the Committee on Judiciary.

Representatives Flaherty, Carpenter and Shavers introduce (99-H 6451) An Act relating to labor and labor relations - fair employment practices.

Read and referred to the Committee on Judiciary.

Representatives Flaherty and Corvese introduce (99-H 6452) An Act relating to criminal offenses - weapons.

Read and referred to the Committee on Judiciary.

Representatives Fox, Slater, Costantino, Giannini, Palangio and several other members of the House introduce (99-H 6453) An Act relating to towns and cities.

Read and referred to the Committee on Corporations.

Representatives Lowe, Burlingame and Benoit introduce (99-H 6454) An Act relating to health and safety explosives.

Read and referred to the Committee on Corporations.

Representatives Voccola and Russo introduce (99-H 6455) An Act relating to correctional officers' incentive pay plan.

Read and referred to the Committee on Finance.

Representatives Moura, Slater, Palangio, Carpenter, Williams and Smith introduce (99-H 6456) An Act relating to towns and cities -municipal public buildings authorities.

Read and referred to the Committee on Finance.

Representatives Russo, Voccola, Cambio and Smith introduce (99-H 6457) An Act relating to education - foundation level school support.

Read and referred to the Committee on Finance.

Representative Moura introduces (99-H 6458) Joint Resolution making an appropriation of $1.2 million for Rhode Island Alliance of Boys & Girls Clubs.

Read and referred to the Committee on Finance.

Representatives Abgullah-Odiase, Slater, Almeida, Benoit, Garabedian and Inman introduce (99-H 6459) House Resolution supporting the creation of more affordable child care.

Representative Abdullah-Odiase requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Abdullah-Odiase, seconded by Representatives Rose, Inman and Benoit, and by unanimous consent, on a voice vote.

Representatives Naughton, Watson, Ginaitt, Henseler and Kelley introduce (99-H 6460) House Resolution creating a special House commission to develop and coordinate a collaborative effort to formulate a restoration plan for the North Cape Barge Oil Spill.

Representative Naughton requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives George, Watson and Henseler introduce (99-H 6461) House Resolution proclaiming May 6, 1999 as a day to commemorate the deeds and accomplishments of our forebears in establishing the rule of constitutional law.

Representative George requests unanimous consent for immediate consideration.

There is no objection.

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

(For House Resolution, see Appendix, this Journal.)

CALENDAR

From the Calendar are taken:

Representative Cicilline requests to take up #3 on today's Calendar (99-H 6156) first on today's Calendar.

There is no objection.

3. (99-H6156) An Act relating to parole.

Committee on Judiciary recommends passage.

Representative Cicilline moves passage of the act, seconded by Representatives Benoit, Henseler, Reilly, Palumbo, G. Levesque, Ajello, Slater andC.Levesque.

By unanimous consent, Representative Cicilline, seconded by Representatives Palumbo, Reilly, Henseler, Coelho and C. Levesque, offers the following written motion to amend:

FLOOR AMENDMENT
TO
(99-H6156)

Mr. Speaker:

I hereby move to amend (99-H 6156) entitled "AN ACT RELATING TO PAROLE", as follows:

(1) On page 3, line 20, delete the word "When" and insert in lieu thereof the words "Upon receipt of'.

(2) On page 3, line 20, delete the words "demonstrates that the prisoner may be entitled to medical".

(3) On page 3, line 21, delete the word "parole," and insert in lieu thereof the word "from".

(4) On page 3, line 21, delete the words "shall refer the request to".

(5) On page 3, line 22, delete the word "who".

(6) On page 3, line 22, after the word "shall" insert the words "except as provided in subsection (6)".

Respectfully submitted,

DAVID CICILLINE
Representative District 4

The motion to amend is read and prevails on a roll call vote, 74 members voting in the affirmative and 3 members voting in the negative as follows:

YEAS - 74: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Burlingame, Callahan, Carter, Cicilline, Coderre, Coelho, Corvese, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Garvey, George, Ginaitt, Henseler, Hogan, Inman, Iwuc, Kelley, Kelso, Kennedy, Kilmartin, Lally, Lanz), Levesque, C., Levesque, G., LeWiss, Lima, Long, Lopes, Lowe, Maher, Malik, Martineau, McCauley, Montanaro, Moura, Munschy, Murphy, Naughton, Palangio, Palumbo, Fires, Pisaturo, Quick, Rabideau, Reilly, Rose, Schadone, Scott, Simonian, Slater, Smith, Thompson, Vieira, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS - 3: Representatives Gorham, Knickle, McNamara.

Representatives Watson, Cicilline and Montanaro discuss the act.

By unanimous consent, Representative McNamara, seconded by Representatives Garvey and Knickle, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(99-H 6156)

Mr. Speaker:

I hereby move to amend (99-H 6156) entitled "AN ACT RELATING TO PAROLE", as follows:

1. On page 1, line 8, by inserting the words "or those serving sentences for first degree murder, first degree sexual assault or first degree sexual molestation," after the word "parole".

2. On page 2, line 1, by inserting the words "or serving a sentence for first degree murder, first degree sexual assault or first degree sexual molestation," after the word "parole".

Respectfully submitted,

JOSEPH M. McNAMARA
Representative District 29

Representatives Ciciline, Palumbo, Lopes, C. Levesque and McNamara discuss the amendment.

The motion to amend is read and fails on a roll call vote, 36 members voting in the affirmative and 49 members voting in the negative as follows:

YEAS 36: Representatives Anderson, M., Anderson, S., Barr, Bramley, Corvese, DeSimone, Fleury, Garabedian, Garvey, George, Giannini, Ginaitt, Gorham, Hogan, Iwuc, Kelley, Kilmartin, Knickle, Lanzi, Long, Malik, McNamara, Millard, Montanaro, Mumford, Munschy, Murphy, Rabideau, Rose, Schadone, Scott, Simonian, Smith, Vieira, Wasylyk, Watson.

NAYS - 49: The Honorable Speaker Harwood and Representatives Abdullah.Odiase, Aiken, Alello, Almeida, Amaral, Benoit, Benson, Burlingame, Callahan, Cambio, Carter, Cicilline, Coderre, Coelho, Costantino, Crowley, Faria, Farrell, Ferguson, Flaherty, Fox, Henseler, Jacquard, Kennedy, Lally, Levesque, C., Levesque, G., Lewiss, Lima, Lopes, Lowe, Maher, Martineau, McCauley, Menard, Moura, Naughton, Palangio, Palumbo, Pisaturo, Quick, Reilly, Russo, Slater, Thompson, Voccola, Williams, Winfield.

Read and passed, as amended, on a roll call vote, 62 members voting in the affirmative and 25 members voting in the negative as follows:

YEAS - 62: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Benoit, Benson, Bramley, Burlingame, Cambio, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Crowley, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garvey, Ginaitt, Hefiner, Henseler, Inman, Iwuc, Jacquard, Kelley, Kelso, Kennedy, Lally, Levesque, C., Levesque, G., Lewiss, Lima, Lopes, Martineau, McCauley, Moura, Munschy, Murphy, Naughton, Palangio, Palumbo, Pisaturo, Reilly, Russo, Schadone, Simonian, Slater, Thompson, Vieira, Voccola, Wasylyk, Williams, Winfield.

NAYS - 25: Representatives Barr, Callahan, Desimone, Garabedian, George, Gorham, Hogan, Kilmartin, Knickle, Lanzi, Long, Maher, Malik, McNamara, Menard, Millard, Montanaro, Mumford, Fires, Quick, Rabideau, Rose, Scott, Smith, Watson.

1. (99-H5900) (Substitute "A") An Act relating to athletic trainers.

Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".

Representative Henseler moves passage of the act, seconded by Representatives Martineau, Benson and HeflSier.

By unanimous consent, Representative Henseler, seconded by Representatives Martineau and Palumbo, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(99-H 5900) (Substitute "A")

Mr. Speaker:

I hereby move to amend (99-H 5900) (Substitute "A") entitled "AN ACT RELATING TO ATHLETIC TRAINERS", as follows:

On page 1, line 9, by deleting the word "to" after the word "training" and inserting in the place thereof the word "for".

Respectfully submitted,

SUZANNE HENSELER
Representative District 44

The motion to amend is read and prevails on a roll call vote, 82 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 82; The Honorable Speaker Harwood and Representatives Abdullah.Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Burlingame, Cambio, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, DeSimone, Faria, Farrell, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Ginaitt, Gorham, Henseler, Hogan, Inman, Iwuc, Jacquard, Kelley, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lopes, Lowe, Maher, Malik, McCauley, McNamara, Menard, Montanaro, Moura, Mumford, Munschy, Murphy, Naughton, Palangio, Palumbo, Pisaturo, Quick, Rabideau, Reilly, Rose, Russo, Schadone, Scott, Simonian, Slater, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Williams, Winfield.

NAYS -0.

The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, on a roll call vote, 73 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 73; The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Burlingame, Callahan, Cambio, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, DeSimone, Faria, Farrell, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Ginaitt, Gorham, Henseler, Hogan, Inman, Iwuc, Jacquard, Kelley, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Mumford, Munschy, Naughton, Palumbo, Rabideau, Reilly, Rose, Russo, Scott, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Winfield.

NAYS -0.

2. (99-H5290) An Act relating to insurance bad faith refusal to pay.

Committee on Judiciary recommends passage.

Read and passed, on motion of Representative Flaherty, seconded by Representatives Martineau, Aiken and Russo, on a roll call vote, 80 members voting in the affirmative and 1 member voting in the negative as follows:

YEAS - 80; The Honorable Speaker Harwood and Representatives Abdullah.Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benson, Bramley, Callahan, Cambio, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Crowley, DeSimone, Faria, Farrell, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Ginaitt, Gorham, Henseler, Hogan, Inman, Iwuc, Jacquard, Kelley, Kelso, Kennedy, Kilmartin, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Moura, Munschy, Murphy, Naughton, Falangio, Palumbo, Fires, Fisaturo, Quick, Rabideau, Reilly, Rose, Russo, Schadone, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Williams, Winfield.

NAYS - 1: Representative Watson.

4. (99-H5343) An Act relating to courts and civil procedure - procedure generally.

Committee on Judiciary recommends passage.

Read and by unanimous consent ordered to be placed on the Calendar for Thursday, May 13, 1999.

5. (99-H5139) (Substitute "A,') An Act relating to elderly affairs.

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

Representative Garvey moves passage of the act, seconded by Representatives Cambio, Benson, Coelho, Ginaitt, Palumbo, George and Williams.

By unanimous consent, Representative Garvey, seconded by Representatives Cambio and Ginaitt, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(99-H 5139) (Substitute "A")

Mr. Speaker:

I hereby move to amend (99-H 5139) (Substitute "A") entitled "AN ACT RELATING TO ELDERLY AFFAIRS", as follows:

On page 1, line 3, by inserting "(a)" before the word "Notwithstanding".

On page 2 between lines 2 and 3 by inserting the following language:

(c) Upon the discovery of any disqualifying information as defined in accordance with the rule promulgated by the director, the bureau of criminal identification of the attorney general's office will inform the appicant in writing of the nature of the disqualifying information. In addition, the bureau of criminal identification of the attorney general's office will inform the applicant in writing, without disclosing the nature of the disqualifying information, that an item of disqualifying information has been discovered. In those situations in which no disqualifying information has been found, the bureau of criminal identification of the attorney general's office will inform the applicant in writing of this fact. Provided further that the director will determine by rule those items of information appearing on a criminal records check which constitute disqualifying information because that information would indicate that the employment could endanger the health and welfare of an adult. Upon the discovery of any disqualifying information with respect to a proposed operator, the bureau of criminal identification of the department of attorney general will inform the director of eldery affairs in writing of the nature of the disqualifying information.

42-66-18. DESTRUCTION OF FINGERPRINT RECORDS. - At the conclusion of any background check required by this chapter, the dpeartment of attorney general will promptly destroy the fingerprint card of the applicant.

42-66-19. RULES AND REGULATIONS- The director is authorized to promulgate rules and regulations to carry out the intent of this chapter.

Respectfully submitted,

GENE GARVEY

Representative District 81

The motion to amend is read and prevails on a roll call vote, 87 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 87: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Alello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Burlingame, Callahan, Cambio, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Crowley, DeSimone, Faria, Farrell, Flaherty, Fleury, Garabedian, Garvey, George, Giannini, Ginaitt, Gorham, Heftner, Henseler, Hogan, Inman, Iwuc, Jacquard, Kelley, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lopes, Lowe, Maher, Martineau, McCauley, McNamara, Menard, Millard, Montanaro, Moura, Mumford, Munschy, Murphy, Naughton, Falangio, Falumbo, Fires, Fisaturo, Quick, Rabideau, Reilly, Rose, Russo, Schadone, Scott, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Williams, Wintield.

NAYS -0.

The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, on a roll call vote, 82 members voting in the affirmative and 3 members voting in the negative as follows:

YEAS - 82: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benson, Bramley, Callahan, Cambio, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, l)eSimone, Faria, Farrell, Flaherty, Fleury, Garabedian, Garvey, George, Giannini, Ginaitt, Gorham, Hefiner, Henseler, Hogan, Inman, Iwuc, Jacquard, Kelley, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Lewiss, Lima, Long, Lopes, Lowe, Maher, Malik, Martineau, McCau. ley, McNamara, Menard, Millard, Montanaro, Moura, Mumford, Munschy, Murphy, Naughton, Falangio, Falumbo, Fires, Fisaturo, Quick, Reilly, Rose, Russo, Schadone, Scott, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Williams, Winfield.

NAYS - 3: Representatives C. Levesque, G. Levesque, Rabideau.

6. (99-H5832) An Act relating to criminal procedure - domestic violence prevention act.

Committee on Judiciary recommends passage.

Representative Flaherty moves passage of the act, seconded by Representatives Russo and Palumbo.

Representatives Burlingame and Flaherty discuss the act.

Read and by unanimous consent ordered to be placed on the Calendar for Thursday, Mav 6, 1999.

7. (99-H5831) An Act relating to courts and civil procedures courts court secretaries and court reporters.

Committee on Judiciary recommends passage.

Read and passed, on motion of Representative Flaherty, seconded by Representatives Martineau, Russo and Hogan on a roll call vote, 87 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 87: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Burlingame, Callahan, Cambio, Cicilline, Coderre, Coelho, Corvese, Costantino, Crowley, DeSimone, Faria, Farrell, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Ginaitt, Gorham, Heffner, Henseler, Hogan, lwuc, Jacquard, Kelley, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lan::i, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Millard, Montanaro, Moura, Mumford, Munschy, Murphy, Naughton, Falangio, Falumbo, Fisaturo, Quick, Ral'ideau, Reilly, Rose, Russo, Schadone, Scott, Sherlock, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Williams, Winfield.

NAYS -0.

8.(99-H 5822) An Act relating to child custody - uniform child custody jurisdiction and enforcement act.

Committee on Judiciary recommends passage.

Representative Flaherty moves passage of the act, seconded by Representatives Russo, Farrell, Rose, Aiken and Scott.

Representatives Lopes and Flahertv discuss the act.

Read and passed, on a roll call vote, 87 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 87: The Honorable Speaker Harwood and Representatives Abdullah.Gdiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Benoit, Benson, Bramley, Burlingame, Callahan, Cambio, Carter, Cicilline, Coelho, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Farrell, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Ginaitt, Gorham, Heffner, Henseler, Hogan, Inman, Iwuc, Kelley, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Millard, Montanaro, Moura, Mumford, Munschy, Murphy, Naughton, Falangio, Falumbo, Fires, Fisaturo, Quick, Rabideau, Reilly, Rose, Russo, Schadone, Scott, Sherlock, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Williams, Winiield.

NAYS - 0.

9.(99-H 5751) Joint Resolution relating to the General Assembly - permanent Joint Committee on Indian Affairs.

Committee on Judiciary recommends passage. Read and by unanimous consent ordered to be placed at the bottom of the Calendar for Tuesday, May 11, 1999.

10. (99-H5747) An Act relating to community obligations and banking offenses - fraudulent checks.

Committee on Judiciary recommends passage.

Representative Lally moves passage of the act, seconded by Representatives Palumbo, Simonian, Lima, Amaral and Scott.

Representatives C. Levesque, Lally, Montanaro, Garabedian, Long, Scott, Lopes, Ajello Lima, Amaral, Jacquard, G. Levesque and' Palumbo discuss the act.

By unanimous consent, Representative Lima, seconded by Representative Bramley, offers an oral motion to amend.

The motion to amend prevails on a voice vote.

Read and passed, on a roll call vote, 55 members voting in the affirmative and 27 members voting in the negative as follows:

YEAS - 55: The Honorable Speaker Harwood and Representatives Ai n, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Carter, Corvese, Costantino, Dennigan, Faria, Farrell, Flaherty, Fleury, Garvey, George, ~orham, Hefffler, Henseler, Inman, Kelley, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lewiss, Lima, Lowe, Malik, Martineau, McCauley, McNamara, Menard, Millard, Moura, Mumford, Munschy, Naughton, Falangio, Falumbo, Fires, Quick, Rabideau, Schadone, Scott, Sherlock, Simonian, Smith, Thompson, Vieira, Voccola, Watson, Winfield.

NAYS - 27: Representatives Abdullah-Odiase, Ajello, Almeida, Benson, Bramley, Burlingame, Callahan, Cicilline, Coderre, Coelho, Garabedian, Iwuc, Jacquard, Lanzi, Levesque, C.. Levesque, G., Long, Lopes, Maher, Montanaro, Murphy, Fisaturo, Reilly, Rose, Slater, Wasylyk, Williams.

REQUEST

Representative Hogan requests the journal to reflect that if he had voted on (99-H 5747), he would have voted in the affirmative.

There is no objection.

HOLD ON THE DESK

Representative Menard requests to hold (99-H 5139) (Substitute "A") on the desk.

There is no objection.

ANNOUNCEMENTS

The Honorable Speaker Harwood and Represen. tative Montanaro announce tha the Rhode Island College Sports Memoriabilia Auction will be held tonight at the Marriott.

Also:

Representative Sherlock announces that the Committee on Finance will resume today at the rise of the House in Room 35 of the State House.

Also:

Representative Flaherty announces that the Committee on Judiciary will meet today at the rise of the House in Room 205 of the State House.

Also:

Representative Lopes announces that the Committee on Special Legislation will meet today at the rise of the House in Room 201 of the State House.

TRANSMITTAL

By unanimous consent, all matters on the Clerk's desk, with the exception of (99-H 5128) (Substitute "A"), (99-H 5516) and (99-H 5139) (Substitute "A"), are ordered to be transmitted to His Excellency, the Governor, and to the Honorable Senate forthwith.

ADJOURNMENT

At5:28 o'clock P.M. on motion of Representative Martineau, seconded by Representative Watson, the House adjourns, on a voice vote.

LINDA McELROY
Recording Clerk

INVOCATION

REPRESENTATIVE SUZANNE M. HENSELER

Dear God, bless our efforts as we labor in this chamber to solve the problems and meet the needs of the people of Rhode Island. Strengthen our resolve to do that which is best for all the people, even though it may not be popular.Amen.

Appendix

HOUSE RESOLUTION

(99-H6461)

PROCLAIMING MAY 6, 1999,
AS A DAY TO COMMEMORATE THE DEEDS
AND ACCOMPLISHMENTS OF OUR FOREBEARS
IN ESTABLISHING
THE RULE OF CONSTITUTIONAL LAW

Whereas, A constitution is defined as "body of fundamental laws and principles according to which a political state is governed."; and

Whereas, A constitution determines the organization of a government, the functions and powers of the government in general and of its subdivision and offices, and how these functions and powers are to be exercised; and

Whereas, A constitution generally sets forth the substantive and procedural limitations on the government in its relationships with persons within the state and it provides for change through a specified process of formal amendment; and

Whereas, The United States Constitution, drafted at the Constitutional Convention in Philadelphia, Pennsylvania between May 25 and September 27, 1787 is the world's oldest written constitution still in effect. It presents a set of general principles out of which implementing statutes and codes have emerged and it embodies the essence of constitutionality - that government must be confined to the rule of law; and

Whereas, As Franklin Delano Roosevelt stated in his first inaugural address on March 4, 1933 - "Our Constitution isso simple and practical that it is possible always to meet extraordinary needs by changes in emphasis and arrangement without loss of essential form."; and

Whereas, The framers of the United States Constitution sought to do what, as yet, Europeans had not tried; to make these enlightenment ideas the governing principles of a nation. Moreover, the document stressed that the people were forming the government. Hence the phrase - "We, the people ... do ordain and establish this Constitution."; now therefore be it

Resolved, That his House of Representatives of the State of Rhode Island and Providence Plantations hereby proclaims May 6, 1999 as a day to commemorate the deeds and accomplishments of our forebear in establishing the rule of constitutional law.

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