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. 51 Tuesday, May 18, 1999 Fifty-first Day


The House of Representatives meets at the State House in Providence, Tuesday, May 18, 1999, and is called to order at 4:13 o'clock P.M., by the Honorable John B. Harwood, Speaker.

The roll is called and a quorum is declared present with 98 members present and 1 member absent as follows:

PRESENT - 98: The Honorable Speaker Harwood and 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, Crowley, Denni~an, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Ginaitt, Gorham, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kelley, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, 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 - 1: Representative Heffner.

INVOCATION



The Honorable Speaker presents Representative Shavers, 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 Thursday, May 13, 1999, is approved as printed.

INTRODUCTION


Representative Lanzi announces that today is Affordable Housing Day and she introduces Judy Maneely the Housing Day Coordinator and Carol Brotman, Chair of the Statewide Housing Action Coalition.

REPORT OF COMMITTEE
COMMITTEE ON FINANCE


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

(99-H 6392) House Resolution creating a special House commission to study the auto body business.

Received and ordered to be placed on the Calendar.

NOTICES OF BILL/RESOLUTION

INTRODUCTION


Representative George gives notice that on the next legislative day, she will introduce a measure concerning educational health.

This notice is given in compliance with House Rule 42.

MYRNA C. GEORGE
Representative, District 31

Received and ordered to be placed on file.

Representative Lally gives notice that on the next legislative day, he will introduce a measure concerning operators' and chauffeurs' licenses.

This notice is given in compliance with House Rule 42.

DONALD J. LALLY, JR.
Representative, District 48

Received and ordered to be placed on file.


NEW BUSINESS


Representatives Voccola, Russo and Cambio introduce (99-H 6475) An Act relating to taxation.

Read and referred to the Committee on Corporations.

Representative M. Anderson introduces (99-H 6476) An Act relating to towns and cities - city housing authorities.

Read and referred to the Committee on Corporations.

Representatives Lanzi, Montanaro, Pisaturo, Garabedian, Jacquard and several other members of the House introduce (99-H 6477) An Act relating to municipal courts city of Cranston.

Read and referred to the Committee on Judiciary.

Representatives Moura, Faria and Farrell introduce (99-H 6478) An Act relating to employment agencies.

Read and referred to the Committee on Labor.

Representative Sherlock introduces (99-H 6479) Joint Resolution making an appropriation of $456.31 to pay the claim of George M. Knuettel of 125 Ponagansett Avenue, Warwick, Rhode Island 02888.

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

Representative Flaherty introduces (99-H 6480) Joint Resolution making an appropriation of $473.81 to pay the claim of Glen M. Moorehead of 130 Cottage Grove Avenue, Warwick, Rhode Island 02886.

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

Representatives Amaral, Williams, AbdullahOdiase, Carpenter, Lopes and several other members ofthe House introduce (99-H6481) House Resolution creating a special House commission to study racial bias in criminal courts.

Read and referred to the Committee on Judiciary.

Representative Barr introduces (99-H 6482) An Act relating to part-time elected officials.

Read and referred to the Committee on Labor.

Representatives Martineau and Watson introduce (99-H 6483) House Resolution extending condolences.

Representative Martineau requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Martineau and Watson introduce (99-H 6484) 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.

Representative Pires introduces (99-H 6485) An Act relating to insurance Rhode Island insurers' insolvency fund.

Read and referred to the Committee on Corporations.

CALENDAR


From the Calendar are taken:

1. (99-H5969) (Substitute "A") An Act relating to motor and other vehicles miscellaneous rules.

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

Representative Benoit moves passage of the act, seconded by Representatives Martineau, Cicilline, Winfield, Abdullah-Odiase, Shavers and Kennedy.

By unanimous consent, Representative Benoit, seconded by Representative Martineau, offers the following written motion to amend:

FLOOR AMENDMENT

TO


(99-H 5969) (Substitute "A")


Mr. Speaker:

I hereby move to amend (99-H 5969) (Substitute "A") entitled "AN ACT RELATING TO MOTOR AND OTHER VEHICLES MISCELLANEOUS RULES" as follows:

(1) On page 2, line 3 by deleting the word used" and inserting in place thereof the word "designed".

(2) On page 3, line 26 by deleting the words "All child care vehicles or".

(3) On page 3, line 26 by deleting the lower case letter "5" and inserting place thereof the upper case S 'in the word school.

(4) On page 3, lines 28 and 29 by deleting the words "be painted yellow in the manner of school buses and to meet passenger car chassis and rollover" and inserting in place thereof the words "meet appropriate".

(5) On page 3, line 30 by deleting the number "2006" and inserting in place thereof the number "2008".

(6) On page 3, line 32 by deleting the number "2006 and inserting in place thereof the number "2008".

Respectfully submitted,

NANCY L. BENOIT
Representative, District 64

The motion to amend is read and prevails on a roll call vote, 74 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS 74: The Honorable Speaker Harwood and Representatives Abdullah.Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, S., Barr, Benoit, Benson, Bramley, Burlingame, Callahan, Cambio, Carter, Cicilline, Coelho, Corvese, Dennigan, DeSimone, Faria, Flaherty, Fox, Garabedian, Garvey, George, Giannini, Gorham, Henseler, Hogan, Inman, Iwuc, Jacquard, Kelley, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Lewiss, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Millard, Montanaro, Moura, Mumford, Munschy, Naughton, Palangio, Picard, Fires, Pisaturo, Rabideau, Reilly, Rose, Russo, San Bento, Schadone, Shavers, Slater, Sullivan, Thompson, Vieira, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS -0.

Representatives Benson, Benoit, Amaral, Burlingame, Callahan, S. Anderson and Gorham discuss the act as amended.

NOW PRESIDING


At 4:33 o'clock P.M. the Honorable Speaker yields the rostrum to the Honorable Deputy Speaker.

CALENDAR




Representatives Cicilline, Williams and Abdullah-Odiase discuss the act as amended.

NOW PRESIDING


At 4:43 o'clock P.M. the Honorable Deputy Speaker yields the rostrum to the Honorable Speaker.

CALENDAR




Representatives Martineau and G. Levesque discuss the act as amended.

The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, on a roll call vote, 84 members voting in the affirmative and 7 members voting in the negative as follows:

YEAS - 84: The Honorable Speaker Harwood and Representatives Abdullah.Odiase, Aiken, Ajello, Almeida, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Burlingame, Cambio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Farrell, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Ginaitt, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kelley, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, 6., Lewiss, Lima, Long, Lopes, Lowe, Maher, Malik, Martlneau, McCauley, McNamara, Menard, Millard, Montanaro, Moura, Munschy, Naughton, Palangio, Picard, Fires, Pisaturo, Rabideau, Reilly, Rose, San Bento, Schadone, Shavers, Sherlock, Slater, Smith, Sullivan, Thompson, Vieira, Wasylyk, Williamson, Winfield.

NAYS - 7: Representatives Amaral, Callahan, Gorham, Mumford, Quick, Scott, Watson.

2. (99-H5385) An Act relating to labor and labor relations- equal opportunity and affirmative action.

Committee on Labor recommends passage.

Read, and by unanimous consent, ordered to be placed on the bottom of the Calendar as item number 7.

3. (99-H5947) (Substitute "A") An Act relating to credit card lending.

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

Read, and by unanimous consent, ordered to be placed on the Calendar for Tuesday, May 25, 1999.

4. (99-H5538) An Act relating to motor and other vehicles- operators' and chauffeurs' licenses.

Committee on Special Legislation recommends passage.

Representative C. Levesque moves to recommit the act, seconded by Representative Martineau.

There is no objection. The act is recommitted, by unanimous consent, onavoicevote.

Read and referred to the Committee on Special Legislation.

5. (99-H5459) An Act relating to primary elections.

Committee on Special Legislation recommends passage.

Representative Winfield moves passage of the act, seconded by Representatives Martineau and Palangio.

By unanimous consent, Representative Winfield, seconded by Representative Martineau, offers the following written motion to amend:

FLOOR AMENDMENT

TO



(99-H 5459)


Mr. Speaker:

I hereby move to amend (99-H 5459) entitled "AN ACT RELATING TO PRIMARY ELECTIONS" as follows:

(1) On page 1, line 2 delete the numbers "17-15-12".

(2) On page 1, lines 5 and 6 restore the deleted language.

(3) On page 1, lines 9 through 12, delete all language.

Respectfully submitted,

THOMAS J. WINFIELD
Representative, District 69

The motion to amend is read and prevails on a roll call vote, 79 members voting in the affirmative and 3 members voting in the negative as follows:

YEAS - 79: The Honorable Speaker Harwood and Representatives Abdullah.Odiase, Aiken, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Burlin. game, Cambio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Crowley, Dennigan, DeSimone, Ferguson, Fleury, Garvey, George, Giannini, Ginaitt, Gorham, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kelley, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Millard, Moura, Mumford, Munschy, Naughton, Falangio, Picard. Fires, Pisaturo, Rabideau, Reilly, Rose, San Bento, Schadone, Scott, Shavers, Sherlock, Slater, Smith, Sullivan, Thompson, Vieira, Waeylyk, Watson, Winfield.

NAYS - 3: Representatives Bramley, Garabedian, Long.

Read and passed, as amended, on a roll call vote, 73 members voting in the affirmative and 8 members voting in the negative as follows:

YEAS 73: The Honorable Speaker Harwood and Representatives Abdullah.Odiase, Aiken, Ajello, Alffleida, Amaral, Anderson, M., Anderson, S., Barr, Benson, Burlingame, Callahan, Cambio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, DeSimone, Faria, Ferguson, Fox, Garvey, George, Giannini, Ginaitt, Henseler, Hetherington, Hogan, Inman, lwuc, Jacquard, Kelley, Kennedy, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Millard, Moura, Mumford, Munschy, Naughton, Palangio, Picard, Pisaturo, Rose, San Bento, Schadone, Scott, Shavers, Sherlock, Slater, Smith, Sullivan, Thompson, Vieira, Winfield.

NAYS - 8: Representatives Bramley, Fleury, Garabedian, Kilmartin, Long, Montanaro, Rabideau, Watson.

6. (99-H5866) (Substitute "A") An Act relating to education- adult education.

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

Read, and by unanimous consent, ordered to be placed on the Calendar for Tuesday, May 25, 1999.

7. (99-H5385) An Act relating to labor and labor relations equal opportunity and affirmative action.

Committee on Labor recommends passage.

Read, and by unanimous consent, ordered to be placed on the Calendar for Wednesday, May 19, 1999.

Majority Leader Martineau, seconded by Representatives Williams and Moura moves to take up the Calendar for Thursday, May 20, 1999, tomorrow. The motion prevails on a voice vote.

ANNOUNCEMENT


Representative Kennedy announces that the Committee on Corporations will meet today and tomorrow at the rise of the House in Room 203 of the State House.

TRANSMITTAL



By unanimous consent, all matters on the Clerk's desk are ordered to be transmitted to His Excellency, the Governor, to the Honorable Senate, and the Honorable Secretary of State forthwith, with the exception of bills being held on the desk.

ADJOURNMENT


At 4:58 o'clock P.M. on motion of Representative McNamara, and as a further mark of respect to the memory of Donald J. Jarvis, seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION


REPRESENTATIVE MAXINE L. SHAVERS



Dear God, we are grateful for the privilege of serving in this House of Representatives. Keep us ever mindful that we are here to serve those who elected us and all of the people of Rhode Island.Amen.



Appendix



CONSENT CALENDAR




In order for Wednesday, May 19, 1999:

1. (99-H 6365) An Act confirming the approval of Chapter 6 of the Public Laws of 1998 entitled "An Act authorizing the town of Burrillville to finance the construction, equipping and furnishing of an addition to and remodeling, reconstructing and making extraordinary repairs to the High School and to issue not more than $12,500,000 bonds therefor" by the town of Burrillville.

Committee on Corporations recommends passage.

2. (99-H6330) An Act reinstating and restoring forfeited or revoked corporate charters.

Committee on Corporations recommends passage.

3. (99-H6297) An Act relating to real estate taxation - totally disabled residents of Exeter.

Committee on Corporations recommends passage.

4. (99-H 6296) An Act relating to taxation -town of Exeter.

Committee on Corporations recommends passage.

5. (99-H 6397) An Act authorizing the city of Pawtucket to provide for the renovation and equipping of public school buildings in the city of Pawtucket and authorizing the financing thereof, including the issue of not more than $1,150,000 bonds and notes therefor.

Committee on Corporations recommends passage.

6. (99-H 6396) An Act authorizing the city of Pawtucket to provide for the renovation and improvements of public buildings in the city of Pawtucket and authorizing the financing thereof, including the issue of not more than $250,000 bonds and notes therefor.

Committee on Corporations recommends passage.

7. (99-H 6395) An Act authorizing the city of Pawtucket to provide for the construction and reconstruction of sanitary and storm drains in the city of Pawtucket and authorizing the financing thereof, including the issue of not more than $250,000 bonds and notes therefor.

Committee on Corporations recommends passage.

8. (99-H 6394) An Act authorizing the city of Pawtucket to provide for the construction and reconstruction of streets and sidewalks in the city of Pawtucket and authorizing the financing thereof, including the issue of not more than $500,000 bonds and notes therefor.

Committee on Corporations recommends passage.

9. (99-H 6393) An Act authorizing the city of Pawtucket to provide for the purchase, development, renovation, reconstruction and equipping of public recreation facilities, including, but not limited to sports fields, in the city of Pawtucket and authorizing the financing thereof, including the issue of not more than $1,500,000 bonds and notes therefor.

Committee on Corporations recommends passage.

10. (99-H 6388) An Act to vacate the forfeiture or revocation of the charter of Interior Creations, Inc.

Committee on Corporations recommends passage.

11. (99-S136) (Substitute "A") An Act relating to state affairs and government - enterprise zones.

Committee on Corporations recommends passage in concurrence.

12. (99-S217) An Act relating to tax exemption -Westerly.

Committee on Corporations recommends passage in concurrence.

13. (99-S374) (Substitute "A" as amended) An Act relating to the Charlestown Fire District.

Committee on Corporations recommends passage in concurrence.

14. (99-S817) An Act validating and ratifying amendments to the Home Rule Charter of the city of Pawtucket.

Committee on Corporations recommends passage in concurrence.

15. (99-S 818) An Act relating to taxation -levy and assessment of local taxes.

Committee on Corporations recommends passage in concurrence.

16. (99-S 857) An Act authorizing the town of Coventry to finance the construction, renovations, improvement, alteration, repair, furnishing and equipping of schools and school facilities in the town including but not limited to, a new elementary school, and addition to Coventry High School to house a career and technical facility and athletic complex, and addition to Coventry Middle School and renovations and improvements to existing schools and school facilities by the issuance of not more than $34,00,000 bonds and/or notes therefor.

Committee on Corporations recommends passage in concurrence.

17. (99-S895) An Act relating to the Coventry Fire Department.

Committee on Corporations recommends passage in concurrence.

LOUIS D'ANTUONO
Reading Clerk
Tuesday, May 18, 1999

Appendix



CALENDAR


In order for Wednesday, May 19, 1999:

1. (99-H5385) An Act relating to labor and labor relations - equal opportunity and affirmative action.

Committee on Labor recommends passage.

2. (99-H5358) (Substitute "A") An Act relating to motor and other vehicles. Joint Committee on Highway Safety recommends indefinite postponement of the original bill and passage of Substitute "A".

3. (99-H5128) (Substitute "A") An Act relating to property- recording of instruments.

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

4. (99-H6276 as amended) An Act relating to water and navigation. Joint Committee on Water Resources recommends passage.

5. (99-H6252) An Act relating to Size, weight, and load limits.

Committee on Corporations recommends passage.

6. (99-H5539) An Act relating to the General Assembly - Joint Committee on Naming New Buildings. Joint Committee on Naming State Constructions recommends passage.

7. (99-H6444) An Act relating to state affairs and government. Joint Committee on Naming State Constructions recommends passage.

8. (99-H5536) An Act relating to General Assembly Joint Committee on Naming New Buildings. Joint Committee on Naming State Constructions recommends passage.

9. (99-H5522) An Act naming Room 38 at the State House the George D. Caruolo Public Information Center. Joint Committee on Naming State Constructions recommends passage.

10. (99-H5272) An Act naming the intersection of Hartford Avenue and Atwood Avenue as Citizens Square. Joint Committee on Naming State Constructions recommends passage.

11. (99-H6232 as amended) An Act relating to naming all new buildings, bridges, edifices, and other state constructions. Joint Committee on Naming State Constructions recommends passage as amended.

12. (99-H5975) (Substitute "A") An Act relating to the General Assembly. Joint Committee on Naming State Constructions recommends indefinite postponement of the original bill and passage of Substitute "A".

13. (99-H6085) An Act relating to courts and civil procedure- court reporter.

Committee on Judiciary recommends passage.

14. (99-H5751) Joint Resolution relating to the General Assembly - permanent Joint Committee on Indian Affairs.

Committee on Judiciary recommends passage.

15. (99-H6233) An Act relating to deceptive trade practices.

Committee on Corporations recommends passage.

16. (99-H5907 as amended) An Act relating to registration of vehicles. Joint Committee on Highway Safety recommends passage as amended.

17. (99-H5026) (Substitute "A") An Act relating to public utilities.

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

Appendix



CALENDAR


In order for Tuesday, May 25, 1999:

1. (99-H 5947) (Substitute "A") An Act relating to credit card lending.

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

2. (99-H5866) (Substitute "A") An Act relating to education- adult education.

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

3. (99-H5489) (Substitute A An Act relating to insurance compliance self audit.

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

4. (99-H6392) House Resolution creating a special House commission to study the auto body business.

Committee on Finance recommends passage.

LOUIS D'ANTUONO
Reading Clerk
Tuesday, May 18, 1999



As always, your comments concerning this page are welcomed and appreciated.

Thank you for stopping by!