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. 67 Tuesday, June 22, 1999 Sixty-seventh Day


The House of Representatives meets at the State House in Providence, Tuesday, June 22, 1999, and is called to order at 4:20 o'clock P.M.. by the Honorable John B. Harwood, Speaker.

The roll is called and a quorum is declared present with 96 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, Callahan, Cambio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, DeSimone, Faria, Farrell, Ferguson, Flaherty. Fleury, Fox, Garabedian, Garvey, George, Giannini, Ginaitt, Gorham, Heffner, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kelso, Kennedy, Kilmartin, Knickle, Lally. Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Millard, Montanaro, Mumford, Munschy, Murphy, Naughton, Palangio, Palumbo, Ficard, Fires, Pisaturo, Quick, Rabideau, Reilly, Rose, Russo, Savage, San Bento, Schadone, Scott, Shavers, Sherlock, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

ABSENT - 4: Representatives Burlingam~, Crowley, Kelley, Moura.

INVOCATION


The Honorable Speaker presents Representative Mumford, 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 Monday, June 21, 1999, is approved as printed.

APPROVED BY THE GOVERNOR


The Honorable Speaker announces receipt by the Secretary of State of the following measure, approved and signed by His Excellency, the Governor:

(99-H 6167) (Substitute "A" as amended) An Act making appropriations for the support of the state for the fiscal year ending June 30, 2000, approved June 17, 1999.

Received and ordered to be placed on file.

EFFECTIVE WITHOUT SIGNATURE OF

THE GOVERNOR


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

(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, effective June 18, 1999.

(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, effective June 18, 1999.

(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, effective June 18, 1999.

(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 inancing thereof, including the issue of not more than $250,000 bonds and notes therefor, effective June 18, 1999.

(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, effective June 18, 1999.

(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, effective June 18, 1999.

Received and ordered to be placed on file.

COMMUNICATION FROM THE SENATE


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

(99-S 765) (Substitute "A") An Act relating to transportation of beverages.

Read and referred to the Committee on Corporations.

(99-S 1019) An Act relating to alcoholic beverages retail licenses.

Read and referred to the Committee on Corporations.

(99-S 815) An Act relating to retail licenses.

Read and referred to the Committee on Corporations. (99-S976) An Act relating to alcoholic beverages retail licenses.

Read and referred to the Committee on Corporations.

REPORTS OF COMMITTEES


COMMITTEE ON CORPORATIONS


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

(99-S 608) (Substitute "A") An Act relating to professional services corporations act.

Received and ordered to be placed on the Calendar.

(99-S 1045) An Act concerning tax relief for the elderly citizens of North Kingstown.

Received and ordered to be placed on the Calendar.

(99-S 985 as amended) An Act relating to the Newport Public Library.

Received and ordered to be placed on the Calendar.

(99-S 1074) An Act authorizing the town of Barrington to finance the acquisition and protection of conservation and recreation open space lands in the town of Barrington and to issue not more than $1,000,000 bonds and notes therefor.

Received and ordered to be placed on the Calendar.

(99-S 1022) An Act relating to animals and animal husbandry- West Warwick.

Received and ordered to be placed on the Calendar.

(99-S 987) An Act relating to alcoholic beverages.

Received and ordered to be placed on the Calendar.

(99-S 955 as amended) An Act relating to business corporations.

Received and ordered to be placed on the Calendar.

(99-S 910) An Act relating to health and safety licensing of health care facilities.

Received and ordered to be placed on the Calendar.

(99-S 929) An Act establishing the Smithfield Land Trust.

Received and ordered to be placed on the Calendar.

(99-S 901) An Act relating to property taxes -Burrillville.

Received and ordered to be placed on the Calendar.

(99-S 900) An Act relating to taxation -property subject to taxation.

Received and ordered to be placed on the Calendar. (99-S677) An Act relating to sale of automobiles required equipment.

Received and ordered to be placed on the Calendar.

(99-S 674) (Substitute "A" as amended) An Act relating to subdivision of land.

Received and ordered to be placed on the Calendar.

(99-S 672) An Act relating to financial institutions.

Received and ordered to be placed on the Calendar.

(99-S 562) (Substitute "A") An Act relating to insurance - insurance coverage for serious mental illness.

Received and ordered to be placed on the Calendar.

JOINT COMMITTEE ON
ENVIRONMENT AND ENERGY


Representative Ginaitt, for the Joint Committee on Environment and Energy, reports back the following measures, with recommendation of passage:

(99-H 6531) (Substitute "A") An Act relating to waters and navigation Coastal Resources Management Council.

Received and ordered to be placed on the Calendar.

(99-H 5197) (Substitute "A") An Act relating to hazardous waste management.

Received and ordered to be placed on the Calendar.

(99-H 6205) (Substitute "A") An Act relating to health and safety.

Received and ordered to be placed on the Calendar.

(99-H 5511) An Act relating to importation of horses.

Received and ordered to be placed on the Calendar.

COMMITTEE ON FINANCE


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

(99-S 877) (Substitute "A" as amended) An Act relating to criminal injuries compensation.

Received and ordered to be placed on the Calendar.

(99-S 169) (Substitute "A") An Act relating to taxation.

Received and ordered to be placed on the Calendar.

(99-S 249) (Substitute "A") An Act relating to education- requiring certain schools to institute a breakfast program.

Received and ordered to be placed on the Calendar.

(99-S 237) An Act relating to taxation collection of taxes generally.

Received and ordered to be placed on the Calendar.

(99-S 255) An Act relating to state affairs and government- pharmaceutical assistance to the elderly.

Received and ordered to be placed on the Calendar.

(99-S363) An Act relating to public corporations - financial estimates.

Received and ordered to be placed on the Calendar.

(99-S 364) (Substitute "B") An Act relating to State Investment Commission.

Received and ordered to be placed on the Calendar.

(99-S 410) An Act relating to pharmaceutical assistance to the elderly.

Received and ordered to be placed on the Calendar.

(99-S 415) An Act relating to property tax relief.

Received and ordered to be placed on the Calendar.

(99-S 432 as amended) An Act relating to towns and cities- police officers.

Received and ordered to be placed on the Calendar.

(99-S 476) (Substitute "A" as amended) An Act relating to human services.

Received and ordered to be placed on the Calendar.

(99-S 477) (Substitute "A") An Act relating to state affairs and government - distressed areas economic revitalization act.

Received and ordered to be placed on the Calendar.

(99-S 526) (Substitute "A") An Act relating to taxation - electronic funds transfer.

Received and ordered to be placed on the Calendar.

(99-S529) An Act relating to public corporations debt management.

Received and ordered to be placed on the Calendar.

(99-S 578) An Act relating to deferred compensation plans.

Received and ordered to be placed on the Calendar.

(99-S 591) (Substitute "A" as amended) An Act relating to human services - medical assistance.

Received and ordered to be placed on the Calendar.

(99-S 592) (Substitute "A") An Act relating to state affairs and government - distressed areas - economic revitalization act.

Received and ordered to be placed on the Calendar.

(99-S 670) (Substitute "A") An Act relating to retirement system - contributions and benefits.

Received and ordered to be placed on the Calendar.

(99-S 738) An Act relating to state affairs and government- Governor's Commission on Disability.

Received and ordered to be placed on the Calendar.

(99-S 918) An Act relating to health care.

Received and ordered to be placed on the Calendar.

(99-S 920) (Substitute "A") An Act relating to health and safety - public access defibrillation.

Received and ordered to be placed on the Calendar.

COMMITTEE ON JUDICIARY


Representative Flaherty, for the Committee on Judiciary, reports back the following measures, with recommendation of passage:

(99-S 642) (Substitute "A") An Act relating to indictments, informations and complaints.

Received and ordered to be placed on the Calendar.

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

Received and ordered to be placed on the Calendar.

(99-S 690) An Act relating to domestic relations divorce and separation.

Received and ordered to be placed on the Calendar.

(99-S 746 as amended) An Act relating to domestic relations- divorce and separation.

Received and ordered to be placed on the Calendar.

(99-S 861) (Substitute "A") An Act relating to courts and civil procedure levy and sale on execution.

Received and ordered to be placed on the Calendar.

(99-S 636) An Act relating to elections.

Received and ordered to be placed on the Calendar.

(99-S 335) An Act relating to domestic relations.

Received and ordered to be placed on the Calendar.

(99-S 685) (Substitute "A") An Act relating to access to confidential records.

Received and ordered to be placed on the Calendar.

COMMITTEE ON LABOR


Representative Faria, for the Committee on Labor, reports back the following measure, with recommendation of passage:

(99-S 805) (Substitute "B") An Act relating to labor and labor relations - pipefitters and refrigeration technicians, fire protection sprinkler contractors and journey persons sprinkler fitters and oil heat contractors.

Received and ordered to be placed on the Calendar.


NOTICES OF BILL/RESOLUTION

INTRODUCTION


Representative Winfield gives notice that on the next legislative day, he will introduce a measure concerning economic development zones.

This notice is given in compliance with House Rule 42.

THOMAS J. WINFIELD
Representative, District 69

Received and ordered to be placed on file.

Representative Fires gives notice that on the next legislative day, he will introduce a measure concerning mechanic's liens.

This notice is given in compliance with House Rule 42.

ANTONIO J. PIRES
Representative, District 79

Received and ordered to be placed on file.


NEW BUSINESS


Representative Heffner introduces (99-H 6598) House Resolution creating a special House commission to study contamination in the Barrington River.

Read and referred to the Committee on Corporations.

Representatives George and Scott introduce (99-H 6599) An Act relating to tax increment financing.

Representative George requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative George, seconded by Representatives Scott and Carter, and by unanimous consent, 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, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Cambio, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, Faria, Ferguson, Flaherty, Fleury, Fox, Garvey, George, Giannini, Ginaitt, Gorham, Hogan, Iwuc, Jacquard, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, G., Lewiss, Lopes, Maher, Malik, McNamara, Menard, Millard, Montanaro, Mumford, Munschy, Naughton, Falangio, Palumbo, Picard, Fires, Pisaturo, Quick, Rabideau, Reilly, Rose, Russo, San Bento, Schadone, Scott, Shavers, Sherlock, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Williams, Williamson, Winfield.

NAYS -0.

TRANSMITTAL



By unanimous consent, (99-H 6599) on the Clerk's desk is ordered to be transmitted to the Honorable Senate forthwith.


NEW BUSINESS


Representatives Barr and Martineau introduce (99-H 6600) House Resolution congratulating Michael Marquis on being named Salutatorian of Woonsocket High School's Class of 1999.

Representative Barr requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Malik, Watson and Millard introduce (99-H 6601) An Act congratulating Bill Hemp on attaing the rank of Eagle Scout.

Representative Malik requests unanimous consent for immediate consideration.

There is no objection.

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

Representatives Watson, Fleury and Martineau introduce (99-H 6602) An Act relating to job development.

Representative Watson requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Watson, seconded by Representative Martineau, on a roll call vote, 71 members voting in the affirmative and 1 member voting in the negative as follows:

YEAS - 71: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Bramley, Callahan, Camhio, Carpenter, Carroll, Carter, Coderre, Corvese, Costantino, Dennigan, DeSimone, Faria, Farrell, Flahertv, Fleury, Fox, Garvey, Giannini, Ginaitt, Gorham, Henseler, Hetherington, Hogan, Jacquard, Kelso, Kennedy, Kilmartin, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Maher, Martineau, Menard, Montanaro, Mum-ford, Munschy, Naughton, Falangio, Falumbo, Fires, Fisaturo, Rabideau, Reilly, Rose, Savage, San Bento, Schadone, Scott, Shavers, Sherlock, Slater, Smith, Sullivan, Thompson, Vieira, Watson, Winfield.

NAYS - 1: Representative Lopes.

Representatives Costantino, Cicilline, Ajello, Fox, Slater and several other members of the House introduce (99-H 6603) An Act relating to taxation - levy and assessment of local taxes.

Representative Costantino requests unanimous consent for immediate consideration.

There is no objection.

Representative Costantino moves passage of the act, seconded by Representatives Fox, Cicilline, Ajello, Slater and Lima.

Representatives Costantino and C. Levesque discuss the act.

Read and passed, on a roll call vote, 57 members voting in the affirmative and 6 members voting in the negative as follows:

YEAS - 57: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Benoit, Bramley, Callahan, Cambio, Carpenter, Carroll, Carter, Cicilline, Coderre, Corvese, Costantino, Dennigan, Faria, Farrell, Flaherty, Fleury, Fox, Garvey, Giannini, Gorham, Henseler, Hetherington, Hogan, Inman, Kelso, Kennedy, Lally, Levesque, C., Levesque, G., Lewiss, Lima, Lopes, Maher, Martineau, Montanaro, Mumford, Naughton, Falumbo, Fisaturo, Rabideau, Reilly, Rose, Savage, San Bento, Schadone, Shavers, Slater, Sullivan, Thompson, Vieira, Watson.

NAYS - 6: Representatives Anderson, S., Long, Falangio, Scott, Smith, Wasylyk.
INTRODUCTION


Representative Quick introduces to the House of Representatives Mrs. Katherine Savage, wife of Representative-elect Jack Savage, along with June Walsh, Mr. and Mrs. Frank Macedo, Mr. Gil Medeiros- Campaign Manager, Mrs. Ruth Reynolds, Nicole and David Reynolds, and Mrs. Cecelia Maney.

GUESTS


The Honorable Speaker welcomes former Representative Neil Corkery to the House Chambers.

Also:

Representatives Palumbo and Benson welcome to the House of Representatives the McCarthy family, Steven, Joanne and their daughter Elizabeth.

Also:

Representative Naughton welcomes to the House Michael Rice, Ph.D., from the University of Rhode Island.

APPOINTMENTS


The Honorable Speaker appoints a committee of Representatives Quick and Callahan to escort the Honorable Secretary of State to the House Chambers.

OATH OF OFFICE


The House attends as the Honorable Secretary of State administers the Oath of Office to Representative-elect Jack Savage.

Minority Leader Watson and Representative Sullivan welcome Representative Jack Savage to the House of Representatives.

The Honorable Speaker and the Majority Leader on behalf of the Democratic Caucus welcome Representative Savage to the House Chambers.

CALENDAR


From the Calendar are taken:

1. (99-H5727) (Substitute "A") An Act relating to Superior Court.

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

Read, and by unanimous consent, ordered to be placed on the bottom of page 3 of the Calendar as item 19A.

2. (99-H6328) (Substitute "A") An Act relating to the city of Central Falls Juvenile Hearing Board

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

Representative Coderre moves passage of the act, seconded by Representatives Rose, Farrell, Henseler and Benson.

Representatives C. Levesque, Coderre and Farrell 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 9 members voting in the negative as follows:

YEAS - 68: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Callahan, Cambio, Carpenter, Carroll, Coderre, Coelho, Corvese, Costantino, Dennigan, Farrell, Ferguson, Flaherty, Fleury, Garvey, George, Giannini, Gorham, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Lewiss, Lopes, Maher, Malik. Martineau, McNamara, Menard, Mumford, Munschy, Falangio, Falumbo, Ficard, Fisaturo, Rabideau, Reilly, Rose, Russo. San Bento, Savage, Schadone, Shavers, Sherlock, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Williamson, Winfield.

NAYS - 9: Representatives Aiken, Ajello, Cicilline, Levesque, C., Levesque, G., Millard, Scott, Watson, Williams.

3. (99-H5792) (Substitute "A") An Act relating to waters and navigation - Coastal Resources Management Council.

Joint Committee on Environment and Energy recommends indefinite postponement of the original bill and passage of Substitute "A".

Read, and by unanimous consent, ordered to be placed on the bottom of page 3 of the Calendar as item 19B.

4. (99-S623) (Substitute "A") An Act relating to businesses and professions landscape architects.

Committee on Corporations recommends passage in concurrence.

Read, and by unanimous consent, ordered to be placed on the bottom of the Calendar as item number 27.

5. (99-H5848) (Substitute "A") An Act relating to employment security - benefits.

Committee on Finance 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 Friday, June 25, 1999.

6. (99-S675 as amended) An Act relating to businesses and professions - engineers.

Committee on Corporations recommends passage in concurrence.

Read, and by unanimous consent, ordered to be placed on the bottom of the Calendar as item number 28.

7. (99-S557) (Substitute "A") An Act relating to aeronautics airport zoning.

Committee on Corporations recommends passage in concurrence.

Read, and by unanimous consent, ordered to be placed on the Calendar for Wednesday, June 23, 1999.

8. (99-S629 as amended) An Act relating to businesses and professions land surveyors.

Committee on Corporations recommends passage in concurrence.

Representative Kennedy moves passage of the act, seconded by Representatives George and Martineau.

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

FLOOR AMENDMENT

TO

(99-S 629 as amended)


Mr. Speaker:

I hereby move to amend (99-S 629 as amended) entitled "AN ACT RELATING TO BUSINESSES AND PROFESSIONS - LAND SURVEYORS" as follows:

(1) On page 4, line 29, by striking all of the language after the word "shall", and all of the language on lines 30 through 32, inclusive.

(2) On page 5, by striking all of the language on lines 1 through 4, inclusive, and substituting therefor the following language:

upon determination thereof by a court of competent jurisdiction, (1) be subject to a civil penalty of one thousand dollars ($1,000) for the first offense, and a civil penalty of two thousand dollars ($2,000) for each subsequent offense; and (2) in the court's discretion and upon good cause shown, reimburse the board for any and all fees, expenses, and costs incurred by the board in connection with such proceedings, including attorneys fees (which ammounts shall be deposited as general revenues); and (3) be subject to, in the board's discretion, public censure or reprimand."

Respectfully submitted,

CHARLES J. LEVESQUE
Representative, District 93

Representatives Rabideau and George discuss the amendment.

The motion to amend is read and fails on a roll call vote, 31 members voting in the affirmative and 53 members voting in the negative as follows:

YEAS - 31: Representatives Abdullah.Odiase, Aiken, Almeida, Amaral, Anderson, M., Benoit, Bramley, Callahan, Cambio, Carroll, Cicilline, Coelho, DeSimone, Ferguson, Fleury, Gorham, Levesque, C., Levesque, G., Lima, Long, Maher, Malik, Montanaro, Fisaturo, Rabideau, Savage, Scott, Smith, Wasylyk, Watson, Williams.

NAYS - 53: The Honorable Speaker Har'wood and Representatives Ajello, Anderson, S., Barr, Benson, Carpenter, Carter, Coderre, Corvese, Costantino, Dennigan, Faria, Farrell, Flaherty, Fox, Garabedian, Garvey, George, Giannini, Henseler, Iwuc, Jacquard, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lewiss, Lopes, Martineau, McNamara, Menard, Mumford, Munschy, Naughton, Falangio, Falumbo, Ficard, Fires, Reilly, Rose, Russo, San Bento, Schadone, Shavers, Sherlock, Simonian, Slater, Sullivan, Thompson, Vieira, Williamson, Winfield.

Read and passed, as amended, in concurrence, on a roll call vote, 77 members voting in the affirmative and 4 members voting in the negative as follows:

YEAS - 77: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Callahan, Cambio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, DeSimone, Faria, Farrell, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Gorham, Henseler, Iwuc, Jacquard, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Lewiss, Lima, Long, Lopes, Maher, Malik, Martineau, McNamara, Menard, Mumford, Munschy, Naughton, Falangio, Falumbo, Ficard, Fires, Fisaturo, Rabideau, Reilly, Rose, Russo, San Bento, Schadone, Scott, Shavers, Simonian, Slater, Smith, Thompson, Vieira, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS - 4: Representatives Bramley, Levesque, C., Levesque, G., Montanaro.

9. (99-S378) An Act relating to domestic insurance companies.

Committee on Corporations recommends passage in concurrence.

Representative Kennedy moves passage of the act, seconded by Representatives Martineau, Benson and Coderre.

Representatives Bramley, Kennedy, Montanaro and DeSimone discuss the act.

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

FLOOR AMENDMENT

TO



(99-S 378)


Mr. Speaker:

I hereby move to amend (99-S378) entitled "AN ACT RELATING TO DOMESTIC INSURANCE COMPANIES" as follows:

On page 8, after the word "Island" by inserting the following language:

"In determining what is not consistent with the public interest of the people of the State of Rhode Island, the director shall make findings of fact, reduced to writing and filed with the Secretary of State, which findings shall include, but not be limited to the following:

a) The number of full time employees currently located within the State, and the number of full time employees anticipated to be located within he State if the petition is granted; and

b) That no detriment nor prejudice will inure to any current or anticipated future policyholders of the company by granting the application; and

c) That the granting of the application is not inimicable to the ability of policyholders to file claims with and against the company, and, in furtherance of this finding, may require that the company maintain a toll free number for registering claims, and require a claims office be located within the State, staffed by a person authorized to issue payment on behalf of the company on approved claims; and

d) That a review of the financial records of the company have satisfied the Director that the company is able to meet its obligations to current policyholders and anticipated future policyholders within the State, and the records relied upon by the Director in making the determination. In the event that there is any risk associated with the granting the application the Director may deny the application or may, in furtherance thereof, may require the posting of bonds and/ or securities with the General Treasurer, in an amount to be determined by the Director, sufficient to protect the interest of the policyholders within the State; and

e) The Director is authorized to promulgate regulations as provided for by the Administrative Procedures Act, not inconsistent with the foregoing, in furtherance of the authority herein granted."

Respectfully submitted,

CHARLES J. LEVESQUE
Representative, District 93

Representatives Benson, Garabedian, Wasylyk, DeSimone and Martineau discuss the amendment.

The motion to amend is read and prevails on a roll call vote, 88 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS 88: The Honorable Speaker Harwood and Representatives Abdullah.Odiase, Aiken, Alello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Callahan, Cambio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Ginaitt, Gorham, Henseler, Hogan, Iwuc, Jacquard, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanai, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lopes, Maher, Malik, Martineau, McCauley, McNamara, Menard, Millard, Montanaro, Mumford, Munschy, Naughton, Falangio, Falumbo, Ficard, Fires, Fisaturo, Rabideau, Reilly, Rose, Russo, Savage, San Bento, Schadone, Scott, Shavers, Sherlock, Simonian, Smith, Sullivan, Thompson, Vieira, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS -0.

Read and passed, as amended, 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, Callahan, Cambio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Ginaitt, Gorham, Henseler, Hogan, Inman, Iwuc, Jacquard, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lopes, Malik, Martineau, McCauley, McNamara, Menard, Millard, Montanaro, Mumford, Munschy, Naughton, Falangio, Falumbo, Ficard, Fires, Fisaturo, Rabideau, Rose, Russo, San Bento, Savage, Schadone, Scott, Shavers, Sherlock, Simonian, Slater, Smith, Thompson, Vieira, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS -0.

10. (99-S508) (Substitute "A" as amended) An Act relating to motor and other vehicles -responsibility of owners of rental vehicles.

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

Representative Knickle moves to recommit the act, seconded by Representative Martineau.

There is no objection.

The act is recommitted, by unanimous consent, on a voice vote.

Read and referred to the Committee on Corporations.

11. (99-H5508) (Substitute "A") An Act relating to construction and maintenance of state roads.

Joint Committee on Highway Safety recommends indefinite postponement of the original bill and passage of Substitute "A".

Representative McNamara moves passage of the act, seconded by Representatives Garvey and Amaral.

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

FLOOR AMENDMENT

TO



(99-H 5508) (Substitute "A")


Mr. Speaker:

I hereby move to amend (99-H 5508) (Substitute "A") entitled "AN ACT RELATING TO CONSTRUCTION AND MAINTENANCE OF STATE ROADS" as follows:

By deleting all of the language following the enactment clause and inserting in place thereof the following language:

SECTION 1. Section 24-8-34 of the General Laws in Chapter 24-8 entitled "Construction and Maintenance of State Roads" is hereby amended to read as follows:

24-8-34. Regulation of access. - (a) The legislature recognizes the need for the director of the department of transportation to establish and maintain the safe condition and integrity of state roads. Accordingly, the director is authorized to regulate direct vehicle access to state roads in situations whereby access may reasonably tend to affect the safe condition and integrity of state roads. This includes the authority to regulate the type, location, and width of roadways and driveways at their intersection with state highways and the authority to regulate construction within state highway right-of-ways.

(b) Requests for access must be made in writing to the director, the local planning board and the chief elected or appointed oIl'icial in a city or town at the same time and in a manner prescribed by the director. The director shall promulgate rules and regulations which prescribe the conditions under which requests will be granted. These rules and regulations shall apply prospectively and shall be based on accepted engineering and construction standards.

(c) The director may provide written notice and comments on the proposed access or alteration to the planning board and the chief elected or appointed official of the city or town in which the state highway is located for all commercial and residential physical alteration permit applications filed with the department and shall afford the planning board and the chief elected or appointed official of the city or town with the ability to provide written comments on the request.

SECTION 2. Section 45-22-7 of the General Laws in Chapter 45-22 entitled "Local Planning Board or Commission" is hereby amended to read as follows:

45-22-7. Other duties of a planning board or commission.- (a) A planning board or commission established under the provisions of this chapter shall make studies and prepare plans and reports on the needs and resources of the community with reference to its physical, economic, and social growth and development as affecting the health, safety, morals, and general welfare of the people. The studies, plans, and reports shall concern but shall not necessarily be limited to the following:

(1) Land use and land use regulation.

(2) Transportation facilities.

(3) Public facilities including recreation areas, utilities, schools, fire stations, police stations and others.

(4) Blighted areas including the designation of general areas for redeyelopment, renewal, rehabilitation, or conservation.

(5) Problems of housing and the development of housing programs.

(6) Environmental protection.

(7) Natural resource conservation.

(8) Protection from disaster.

(9) Economic and social characteristics of the population.

(10) Preservation of historic sites and buildings.

(11) Economic development.

(b) When directed by the city or town council or by the appointing authority, a planning board or commission shall prepare an annual capital budget and a comprehensive long range capital improvement program for submission to the council, the appointing authority, or other designated official or agency.

(c) A planning board or commission shall submit an advisory opinion and recommendation on all zoning matters referred to it under the provisions of the city or town zoning ordinance and shall report on any other matter referred to it, by the city or town council, the chief executive, or the appointing authority.

(d) A planning board or commission shall perform such other duties as may be assigned to the board or commission from time to time by any act of the general assembly or by any ordinance, code, regulation order, or resolution of the city of town council or by the appointing authority.

(e) A planning board or commission shall have authority to call upon other departments, boards, and committees of the city or town and upon regional, state, and federal agencies for information and assistance necessary to the performance of its duties, and shall cooperate with the city or town, regional, state, and federal agencies on matters of community, regional, and state planning and development.

(f) Each planning board or commission shall adopt a provision requiring any person who will be required to file a request for access pursuant to section 24-8-34 to file such request not later than the day on which such person files any document in connection with the project in question with the applicable town or city, and provide a copy of such request to such town or city.

SECTION 3. This act shall take effect upon passage.

Respectfully submitted,

JOSEPH M. McNAMARA
Representative, District 29

Representatives Montanaro and McNamara discuss the amendment.

The motion to amend is read and prevails on a roll call vote, 80 members voting in the affirmative and 3 members voting in the negative as follows:

YEAS - 80: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Callahan, Cambio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, l,eSimone, Faria, Farrell, Flaherty, Fleury, Garabedian, Garvey, George, Giannini, Gorham, Heffner, Henseler, Hogan, Iwuc, Jacquard, Kelso, Kennedy, Knickle, Lally, Lanzi, Levesque, C., Lima, Long, Maher, Malik, Martineau, McNamara, Menard, Montanaro, Mumford, Munschy, Naughton, Falangio, Falumbo, Ficard, Fires, Fisaturo, Quick, Rabideau, Reilly, Rose, Russo, Savage, San Bento, Schadone, Scott, Shavers, Sherlock, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Watson, Williams, Williamson, Winfield.

NAYS - 3: Representatives Ajello, Kilmartin, Levesque, G.

Representatives Rabideau and Long, 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, 88 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 88: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Callahan, Cambio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, DeSimone, Faria, Farrell, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Gorham, Heffner, Henseler, Hogan, Inman, Iwuc, Jacquard, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lopes, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Mumford, Munschy, Naughton, Falangio, Falumbo, Ficard, Fires, Fisaturo, Quick, Rabideau, Reilly, Rose, Russo, San Bento, Savage, Schadone, Scott, Shavers, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS -0.

12. (99-S125) (Substitute "A") An Act relating to criminal offenses - gambling and lotteries.

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

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

Representatives Watson, Slater, Jacquard, Lopes, Flaherty and Fires discuss the act.

The bill marked Substitute "A" is read and fails, and the original bill indefinitely postponed, on a roll call vote, 39 members voting in the affirmative and 46 members voting in the negative as follows:

YEAS - 39: The Honorable Speaker Harwood and Representatives Aiken, Anderson, S., Benson, Cambio, Carter, Cicilline, Coelho, Costantino, Faria, Farrell, Ferguson, Flaherty, Fox, Ginaitt, Henseler, Inman, Iwuc, Kennedy, Kilmartin, Lally, Lanzi, Levesque, C., Lewiss, Lopes, Maher, Malik, Martineau, Menard, Montanaro, Munschy, Fires, Reilly, Rose, Russo, Schadone, Shavers, Sherlock, Winfield.

NAYS - 46: Representatives Abdullah-Odiase, Ajello, Almeida, Amaral, Anderson, M., Barr, Benoit, Bramley, Callahan, Carpenter, Carroll, Dennigan, DeSimone, Fleury, Garabedian, Garvey, George, Gorham, Hetherington, Hogan, Jacquard, Kelso, Knickle, Levesque, G., Lima, Long, McNamara, Mumford, Naughton, Falangio, Falumbo, Ficard, Fisaturo, Quick, Rabideau, San Bento, Savage, Scott, Slater, Smith, Sullivan, Thompson, Vieira, Wasylyk, Watson, Williams.

REQUEST


Representative San Bento requests the journal to reflect that he had voted on (99-S 125) (Substitute "A") incorrectly, he should have voted in the affirmative.

There is no objection.

CALENDAR




Representative Ginaitt requests leave of the House to take up (99-H 5792) (Substitute "A"), #3 on today's Calendar, which was placed on the bottom of page 3 as item 19B, next on the Calendar.

There is no objection.

3. (99-H 5792) (Substitute "A") An Act relating to waters and navigation - Coastal Resources Management Council.

Joint Committee on Environment and Energy recommends indefinite postponement of the original bill and passage of Substitute "A".

Representative Ginaitt moves passage of the act, seconded by Representatives Naughton, Henseler, Benson, Coelho, Ferguson, Carter, Palumbo, Vieira and Lewiss.

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

FLOOR AMENDMENT

TO



(99-H 5792) (Substitute "A")


Mr. Speaker:

I hereby move to amend (99-H 5792) (Substitute "A") entitled "AN ACT RELATING TO WATERS AND NAVIGATION - COASTAL RESOURCES MANAGEMENT COUNCIL" as follows:

(1) On page 2, lines 14 through 18, by deleting the following language "Any grant, charter and conveyance heretofore made by the general assembly or a duly constituted permitting agency to fill into the harbor line are hereby ratified and confirmed as good and effectual to all intents and purposes in law provided, however, if said fill in to the harbor line has not been commenced and completed as of the date of the enactment of this act, said conveyances are null and void." and by substituting in place thereof the following language: "without inpairing any right, title or interest that may have been previously vested, and placement of fill to a harbor line or other filling of tidal land, which has not been commenced and completed as of the date of the enactment of this act shall not be effective as conveying the state's title nor as a limitation on the public trust."

(2) On page 2, line 18, by adding the following words after the word impair" "increase, or add to".

Respectfully submitted,

PETER T. GINAITT
Representative, District 33

The motion to amend is read and prevails on a roll call vote, 86 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 86: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Callahan, Cambio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Ginaitt, Gorham, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lopes, Maher, Malik, Martineau, McNamara, Menard, Montanaro, Mumford, Munschy, Naughton, Falangio, Falumbo, Ficard, Fires, Fisaturo, Quick, Rabideau, Reilly, Rose, Savage, San Bento, Schadone, Shavers, Sherlock, Slater, Smith, Sullivan, '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, 81 members voting in the affirmative and 1 member voting in the negative as follows:

YEAS - 81: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, A]ello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Callahan, Cambio, Carpenter, Carroll, Carter, Cicilline, Coelho, Corvese, Dennigan, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fox, Garabedian, Garvey, George, Giannini, Ginaitt, Gorham, Henseler, Hetherington, Hogan, Inman, ~wuc, Jacquard, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Maher, Malik, Martineau, McNamara, Menard, Mumford, Munschy, Naughton, Falangio, Falumbo, Ficard, Fires, Fisaturo, Quick, Rabideau, Reilly, Rose, San Bento, Schadone, Scott, Shavers, Sherlock, Slater, Smith, Sullivan, Vieira, Voccola, Wasylyk, Watson, Williams, Winfield.

NAYS - 1: Representative Fleury.

13. (99-S189) (Substitute "A" as amended) An Act relating to health and safety.

Committee on Judiciary recommends passage, in concurrence.

Representative Cicilline moves passage of the act, seconded by Representative Martineau.

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

FLOOR AMENDMENT

TO

(99-S 189) (Substitute "A" as amended)


Mr. Speaker:

I hereby move to amend (99-S 189) (Substitute "A" as amended) entitled "AN ACT RELATING TO HEALTH AND SAFETY" as follows:

On page 2, after line 4, by inserting the language "(f) This section shall not apply to members of the Rhode Island State Police or to members of any city or town police department or to members of any city or town police department or any state or federal law enforcement officer in the performance of their official duties."

Respectfully submitted,

DAVID N. CICILLINE
Representative, District 4

Representatives Cicilline and C. Levesque discuss the amendment.

The motion to amend is read and prevails on a roll call vote, 72 members voting in the affirmative and 2 members voting in the negative as follows:

YEAS - 72: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Callahan, Cambio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Costantino, Dennigan., DeSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garvey, George, Giannini, Ginaitt, Gorham, Hetherington, Hogan, Iwuc, Jacquard, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lopes, Maher, McNamara, Menard, Montanaro, Mumford, Munschy, Naughton, Falangio, Ficard, Fires, Rabideau, Reilly, Rose, Savage, San Bento, Shavers, Slater, Smith, Sullivan, Wasylyk, Williams, Winfield.

NAYS - 2: Representatives Henseler, Fisaturo.

By unanimous consent, Representative Cicilline, seconded by Representative Amaral, offers an oral motion to amend.

The motion to amend prevails on a voice vote.

The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, on a roll call vote, 80 members voting in the affirmative and 4 members 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, Benoit, Benson, Bramley, Callahan, Cambio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Ginaitt, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, G., Lewiss, Lima, Long, Lopes, Maher, Malik, Martineau, McNamara, Menard, Montanaro, Mumford, Munschy, Naughton, Falangio, Falumbo, Ficard, Fires, Quick, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shavers, Slater, Smith, Sullivan, Vieira, Wasylyk, Williams, Winfield.

NAYS - 4: Representatives Gorham, Levesque, C., Fisaturo, Rabideau.

14. (99-S692) An Act relating to waters and navigation.

Committee on Judiciary recommends passage, in concurrence.

Read and passed, in concurrence, on motion of Representative Flaherty, seconded by Representatives Martineau and Shavers, on a roll call vote, 81 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 81: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Callahan, Cambio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Ginaitt, Gorham, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kelso, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lopes, Maher, Malik, Martineau, McNamara, Menard, Montanaro, Mumt.ord, Munschy, Naughton, Falangio, Falumbo, Ficard, Fisaturo, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shavers, Slater, Smith, Vieira, Wasylyk, Watson, Williams, Winfield.

NAYS -0.

Representative Ginaitt requests to transmit (99-H 5792) (Substitute "A") to the Honorable Senate.

There is no objection.

TRANSMITTAL




By unanimous consent, (99-H 5792) (Substitute "A") on the Clerk's desk is ordered to be transmitted to the Honorable Senate forthwith.

CALENDAR




15. (99-S395) An Act relating to criminal offenses - weapons.

Committee on Judiciary recommends passage, in concurrence.

Read and passed, in concurrence, on motion of Representative Sullivan, seconded by Representatives Pisaturo, Palumbo, Garvey and San Bento, on a roll call vote, 83 members voting in the affirmative and 1 member voting in the negative as follows:

YEAS - 83: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Callahan, Cambio, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, LeSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Gorham, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, G., Lewiss, Lima, Long, Lopes, Maher, Malik, Martineau, McNamara, Menard, Montanaro, Mumford, Munschy, Naughton, Palangio, Falumbo, Ficard, Fires, Fisaturo, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shavers, Sherlock, Slater, Smith, Sullivan, Thompson, Vieira, Wasylyk. Watson, Williams, Winfield.

NAYS - 1: Representative Carpenter.

16. (99-H6118) An Act relating to electricians. Committee on Finance recommends passage.

Read and passed, on motion of Representative Fires, seconded by Representative Martineau, 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, Callahan, Cambio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Gorham, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, G., Lewiss, Lima, Lopes, Maher, Malik, Martineau, McNamara, Montanaro, Mumford, Munschy, Naughton, Falangio, Falumbo, Ficard, Fires, Fisaturo, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shavers, Sherlock, Slater, Smith, Sullivan, Thompson, Vieira, Wasylyk, Watson, Williams, Winfield.

NAYS -0.

17. (99-H6065) (Substitute "A" as amended) An Act relating to state affairs and government.

Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A", as amended.

Representative Sherlock moves passage of the act, seconded by Representatives Carter, Fox, Naughton, Henseler, Giannini, Benson, Coelho and Lewiss.

By unanimous consent, Representative Sherlock, seconded by Representatives Carter, Fox, Naughton, Henseler, Giannini, Benson, Coelho and Lewiss, offers the following written motion to amend:

FLOOR AMENDMENT

TO


(99-H 6065) (Substitute "A" as amended)


Mr. Speaker:

I hereby move to amend (99-H 6065) (Substitute "A" as amended) entitled "AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT" as follows:

1. On page 3, following line 13, by inserting the following language:

41-9.1-6 Immunity. - In the absence of malice or bad faith, any health care provider or entity licensed by the State of Rhode Island or an authorized agent of such health care provider or entity who upon request by the Attorney General provides information to the Attorney General In accordance with this chapter shall be immune from prosecution for the release of such information to the Attorney General and shall not be liable in any way for damages to any individual for the relase of such information to the Attorney General. Nothing herein is intended to abrogate or modify in any way any common law or statutory privilege or immunity heretofore enjoyed by such health care provider or entity or its agents.

Respectfully submitted,

PAUL V. SHERLOCK
Representative, District 30

Representatives C. Levesque and Sherlock discuss the amendment.

The motion to amend is read and prevails on a roll call vote, 75 members voting in the affirmative and 7 members voting in the negative as follows:

YEAS - 76: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Callahan, Cambio, Carpenter, Carter, Coderre, Coelho, Corvese, Costantino, Dennigan, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garabedian, Garvey. George, Giannini, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kelso, Kennedy, Knickle, Lally, Lanzi, Levesque, C., Lewiss, Long, Lopes, Maher, Malik, Martineau, McNamara, Montanaro, Mumford, Munschy, Naughton, Falangio, Falumbo, Ficard, Fires, Pisaturo, Reilly, Rose, Savage, San Bento, Schadone, Shavers, Sherlock, Slater, Smith, Sullivan, Vieira, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS - 7: Representatives Ajello, Cicilline, Gorham, Levesque, G., Rabideau, Scott, Thompson.

Representative Watson discusses the act.

NOW PRESIDING


At 5:40 o'clock P.M. the Honorable Speaker yields the rostrum to the Honorable Deputy Speaker.

CALENDAR




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

FLOOR AMENDMENT

TO


(99-H 6065) (Substitute "A" as amended)


Mr. Speaker:

I hereby move to amend (99-H 6065) (Substitute "A" as amended) entitled "AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT DEPARTMENT OF ATTORNEY GENERAL" as follows:

1. On page 2, line 1, after the words "appointed by the Attorney General" by inserting the following language:

"The health care advocate and staff assigned shall have office(s) physically apart from the offices of the Department of Attorney General, and admittance to said offices shall be limited to the advocate and staff. The advocate and staff shall take an oath prescribed by the Attorney General, to protect and safeguard all information and materials intrusted to them under this chapter."

2. On page 2, line 3, before the word "appear" by inserting the following language "Without leave of court".

3. On page 2, lines 5 and 6, delete the words, "health care or health insurance" and add the words "health care quality standard".

4. On page 2, line 8, delete "quality health care delivery" and add the words "health care quality standard".

5. On page 2, line 11, delete "quality health care delivery" and add the words "health care quality standard".

6. On page 2, line 15, delete "quality health care delivery" and add the words "health care quality standard".

7. On page 2, line 19, after the word "thereof" add the following words, "intended to promote and assure quality and affordable health care and health insurance for all citizens of Rhode Island."

8. On page 2, line 21, by deleting "of health and business regulation" and inserting "of state government".

9. On page 2, lines 21 and 22, delete the words "good quality and affordable health care" and add the words "health care quality standard"..

10. On page 3, line 2, by adding, after the title words "Powers of the Attorney General", the following words: "In furtherance of the authority granted in sections 42-9.1-2(1), (2), (3), (4) and(S),".

11. On page 3, line 3, after the word "entitled" and before the words "to receive" add the words "to apply to a Court of competent Jurisdiction for a subpoena."

12. On page 3, line 5, after the words "information act." add: "Whenever possible, the advocate shall notify the keeper of the records which are the subject of the subpoena of the application sufficiently in advance to permit objection or remonstration. Ex parte applications shall only b,e grantred for good cause shown on the record.'

Respectfully submitted,

CHARLES J. LEVESQUE
Representative, District 93

Representatives C. Levesque, Sherlock, Fox, Bramley and Hetherington discuss the amendment.

The motion to amend is read and fails on a roll call vote, 29 members voting in the affirmative and 53 members voting in the negative as follows:

YEAS - 29: Representatives Aiken, Ajello, Amaral, Anderson, M., Bramley, Callahan, Cambio, Carroll, Cicilline, Dennigan, DeSimone, Fleury, Garabedian, Gorham, Hetherington, Lanzi, Levesque, C., Levesque, G., Lima, Long, Montanaro, Mumford, Fisaturo, Rabideau, Savage, Scott, Smith, Wasylyk, Watson.

NAYS - 53: Representatives Abdullah-Odiase, Almeida, Anderson, S., Barr, Benoit, Benson, Carpenter, Carter, Coderre, Corvese, Costantino, Faria, Farrell, Ferguson, Flaherty, Fox, Garvey, George, Giannini, Henseler, Hogan, Inman, Iwuc, Jacquard, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lewiss, Lopes, Maher, Malik, Martineau, McNamara, Menard, Naughton, Falangio, Falumbo, Ficard, Fires, Reilly, Rose, San Bento, Schadone, Shavers, Sherlock, Slater, Sullivan, Thompson, Vieira, Voccola, Winfield.

Representatives Amaral, C. Levesque, Pisaturo and Fox discuss the act.

The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, on a roll call vote, 66 members voting in the affirmative and 17 members voting in the negative as follows:

YEAS - 66: Representatives Abdullah-Odiase, Aiken, Almeida, Anderson, S., Barr, Benoit, Benson, Bramley, Cambio, Carpenter, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Henseler, Hogan, Inman, Jacquard, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Lewiss, Lima, Lopes, Maher, Malik, Martineau, McNamara, Menard, Montanaro, Mumford, Munschy, Naughton, Falangio, Falumbo, Ficard, Fires, Rose, San Bento, Schadone, Sherlock, Slater, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Williams, Winfield.

NAYS - 17: Representatives Ajello, Amaral, Anderson, M., Callahan, Carroll, Gorham, Hetherington, Levesque, C., Levesque, G., Long, Fisaturo, Rabideau, Savage, Scott, Shavers, Smith, Watson.

18.
(99-H 5584) (Substitute "A"') An Act relating to the Joint Committee on Legislative Services.

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

Representative Fires moves passage of the act, seconded by Representatives Martineau, Henseler, Benson, Coelho, Menard, Coderre, Winfield, Kilmartin and Palangio.

By unanimous consent, Representative Kilmartin, seconded by Representatives Fires, Benson, Coelho, Lopes, M. Anderson and Aiken, offers the following written motion to amend:

FLOOR AMENDMENT

TO



(99-H 5584) (Substitute "A")

Mr. Speaker:

I hereby move to amend 99 -- H 5584 SUBSTITUTE A, entitled "AN ACT RELATING TO THE JOINT COMMITTEE ON LEGISLATIVE SERVICES ", as follows:

(1) By deleting all of the language after the enactment clause, and substituting therefor the following language:

SECTION 1. Section 37-8-14 of the General Laws in Chapter 37-8 entitled "Public Buildings" is hereby amended to read as follows:

37-8-14. Legislators' parking lot. -- Legislators' parking lots. -- The department of administration notwithstanding the provisions of section 37-8-5, the joint committee on legislative services shall provide suitable parking facilities for all legislators, whereby each member of the legislature shall be assigned a parking area. The joint committee on legislative services shall have exclusive control and custody of both parking lots adjacent to the State House and the parking lot adjacent to the department of transportation building on Smith Street in the city of Providence, including the allocation of individual parking spaces. The At the request of the joint committee on legislative services, the department of administration shall appoint a member or members of the capitol police to be on duty in the legislative parking lot, during all sessions of the general assembly .

SECTION 2. This act shall take effect upon passage.

Respectfully submitted,

PETER F. KILMARTIN
Representative, District 80

The motion to amend is read and prevails on a roll call vote, 76 members voting in the affirmative and 4 members voting in the negative as follows:

YEAS - 76: Representatives Abdullah.Odiase, Aiken, Ajello, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Cambio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Gorham, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lopes, Malik, Martineau, Menard, Montanaro, Mumford, Munschy, Naughton, Falangio, Falumbo, Fires, Fisaturo, Rose, Russo, Savage, San Bento, Schadone, Shavers, Sherlock, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Winfield.

NAYS - 4: Representatives Callahan, Dennigan, McNamara, Rabideau.

Representative Watson discusses 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, 70 members voting in the affirmative and 11 members voting in the negative as follows:

YEAS - 70: Representatives Abdullah-Odiase, Aiken, Almeida, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Cambio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fox, Garabedian, Garvey, George, Giannini, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lima, Lopes, Malik, Martineau, McNamara, Menard, Montanaro, Munschy, Naughton, Falangio, Falumbo, Fires, Fisaturo, Rose, Russo, San Bento, Schadone, Shavers, Sherlock, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Winfield.

NAYS - 11: Representatives Ajello, Amaral, Callahan, Fleury, Gorham, Long, Mumford, Rabideau, Savage, Scott, Watson.

Representative Garabedian requests leave of the House to take up (99-H 6561) (Substitute "A"), item 24 on today's Calendar next.

There is no objection.

24. (99-H6561) (Substitute "A" as amended) An Act relating to health insurance - conversion.

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

Representative Benoit moves passage of the act, seconded by Representatives Martineau, Henseler, Cambio, Carter, Faria, Ferguson, Menard, Reilly, Lewiss, Schadone, Corvese, Thompson, Cicilline, Costantino, Aiken, Hogan, Hetherington, Ajello, Coderre, San Bento, Lopes, Fires, G. Levesque, Vieira, Sullivan, Dennigan and Garabedian.

By unanimous consent, Representative Martineau, seconded by the same Representatives and several other members of the House, offers the following written motion to amend:

FLOOR AMENDMENT

TO



(99-H 6561) (Substitute "A" as amended)


Mr. Speaker:

I hereby move to amend (99-H 6561) (Substitute "A" as amended) entitled "AN ACT RELATING TO HEALTH INSURANCE - CONVERSION" as follows:

SECTION 1. Title 27 of the General Laws entitled "Insurance" is hereby amended by adding thereto the following chapter:

CHAPTER 64

THE HEALTH INSURANCE

CONVERSION ACT

27-64-1. Short title. - This act shall be known and may be cited as "The Health Insurance Conversions Act".

27-64-2. Findings. - The general assembly finds and declares that:

(1) Rhode Island has a proud history of health insurance companies including health insurance corporations, health maintenance organizations, non-profit hospital service corporations, and non-profit medical service corporations doing business in this state:

(2) Nationally and regionally private investment is being made that results In the conversion of not-for-profit into for-profit health insurance corporations- health maintenance organizations, hospital service corporations and medical service corporations:

(3) These health insurance organizations and corporations provide an important health insurance product in the community. There are concerns that for profit health insurance organizations and corporations may engage in practices which affect the quality of the insurance coverage in the community as a whole and for more vulnerable members of society in particular:

(4) In order to protect public health and welfare, it is necessary to establish standards and procedures for health insurance organizations and corporations conversions.

27-64-3. Applicability. - This chapter shall apply to health insurance corporations subiect to title 27, chapter 1, nonprofit hospital, or medical service corporation subject to title 27, chapters 19 or 20 and health maintenance organizations incorporated or otherwise resident in the state of Rhode Island.

27-64-4. Definitions. For purposes of this chapter:

(1) "Acquiree" shall mean the person or persons which lose(s) any ownership or control in a health insurance corporation, health maintenance organization, nonprofit hospital service corporations and non-profit medical service corporations:

(2) "Acquiror" shall mean the person or persons which gain(s) an ownership or control in a health insurance corporation, health maintenance organization, nonprofit hospital service corporation and nonprofit medical service corporation:

(3) "Conversion" shall mean any transfer by a person or persons of an ownership or membership interest or authority in a health insurance corporation, health maintenance organization, non-profit hospital service corporation or non-profit medical service corporation or the assets thereof, whether by purchase, merger, consolidation, lease, gift, joint venture, sale, or other disposition which results in a change of ownership or control or possession of twenty percent (20%) or greater of the members or voting rights or interests of the health insurance corporation, health maintenance organization, non-profit hospital service corporation or non-profit medical service corporation or of the assets of the health insurance corporation, health maintenance organization, non-profit hospital service corporation or non-profit medical service corporation or pursuant to which, by virtue of such transfer, a person, together with all persons affiliated with such person, holds or owns, in the aggregate, twenty percent (20%) or greater of the membership or voting rights or interests of the health insurance corporations, health maintenance organization, non-profit hospital service corporation or non-profit medical service corporation or of the assets of the health insurance organization, health maintenance organization, non-profit hospital service corporation or non-profit medical service corporation or the removal, addition or substitution of a partner which results in a new partner gaining or acquiring a controlling interest in the health insurance organization, health maintenance organization, non-profit hospital service corporation or non-profit medical service corporation or anv change in membership which results in a new person gaining or acquiring a controlling vote in the health insurance corporation, health maintenance organization non-profit hospital service corporation, or non-profit medical service corporation:

(4) "Department" shall mean the department of business regulation:

(6) "Director" shall mean the director of the department of business regulation:

(6) Existing health insurance corporation, health maintenance organization, nonprofit hospital service corporation or non-profit medical service corporation" shall mean the health insurance corporation, health maintenance organization, nonprofit hospital service corporation or nonprofit medical service corporation as it exists prior to the acquisition;

(7) "For profit corporation" shall mean a legal entity formed for the purpose of transacting business which has as any one of its purposes pecuniary profit:

"Health insurance corporation" shall mean any insurance company subject to title 27, chapter 1 of the general laws that offers health insurance in Rhode Island except

"health insurance corporation" shall not include companies whose health insurance policies only cover one or more of the following: disability income, long term care, legal services, hospital confinement indemnity, specified disease indemnity, sickness or bodily injury by accident or other limited health benefits.

"Mutual Insurance Company" shall mean a corporation which shares are held exclusively by members to whom profits are distributed as dividends and members are both the insurer and the insured.

(10) "New health insurance corporations, health maintenance organization, nonprofit hospital service corporation or non-profit medical service corporation" shall mean the health insurance corporations, health maintenance organization, non-profit hospital service corporation or non-profit medical service corporation as it exists after the completion ofa conversion:

(11) "Not-for-profit corporation" shall mean a corporation subject to title 7, chapter 6, of the general laws, including any corporation organized under special provisions of the general laws or under a private act, which is declared to be a "charitable corporation".

(12) "Person" shall mean any individual, trust or estate, partnership, joint venture, corporation, whether for profit or not for profit, (including associations, mutual insurance companies, joint stock companies and insurance companies):

(13) "Subscriber" shall mean those persons or groups of persons who shall contract with a health insurance corporation, health maintenance organization, nonprofit hospital service corporation or nonprofit medical service corporation for health insurance.

(14) "Transacting parties" shall mean any person or persons who seeks either to transfer or acquire ownership or a controlling interest or controlling authority in a health insurance corporation, health maintenance organization, non-profit hospital service corporation or non-profit medical service corporation which would result in a change of ownership, control or authority of twenty percent (20%) or greater:

27-64-6. Prior approval required Department of business regulation. - A conversion shall require review and approval from the department of business regulation, after a public hearing, in accordance with the provisions of this chapter.

27-64-6. Initial application - Conversions. - (a) No person shall engage in a conversion involving the establishment, maintenance, or operation of a health insurance corporation, health maintenance organization, non-profit hospital service corporation or non-profit medical service corporation, without prior approval of the department of business regulation. The transacting parties shall file an initial application in accordance with subsection (b) of this section which shall, at a minimum, include the following information with respect to each transacting party and to the proposed new health insurance corporation, health maintenance organization, nonprofit hospital service corporation or nonprofit medical service corporation:

(1) A detailed summary of the proposed conversion:

(2) Names, addresses and phone numbers of the transacting parties:

(3) Name, address, phone number and occupation of all officers, members of the board of directors, trustees, executive and senior level management including for each position, current persons and persons holding position during the past three (3) years:

(4) Articles of incorporation and certificate of incorporation:

(6) Bylaws and organizational charts:

(6) Organizational structure for existing transacting parties and each partner, affiliate, parent, subsidiary or related corporate entity in which the acquiror has a twenty percent (20%) or greater ownership interest:

(7) Conflict of interest statements, policies and procedures:

(8) Names, addresses and phone numbers of professional consultants engaged in connection with the proposed conversion:

(9) Copies of audited income statements, balance sheets, and other financial statements for the past three (3) years and to the extent they have been made public, audited interim financial statements and income statements together with detailed description of the financing structure of the proposed conversion including equity contribution, debt restructuring, stock issuance, partnership interests, stock offerings and the like:

(10) A detailed description as each relates to the proposed transaction for equipment leases, insurance, regulatory compliance, tax status, pending litigation or pending regulatory citations, pension plan descripions and employee benefits, assessments tand organizational

(11) Copies of reports analyzing the proposed conversion during the past three (3) years including, but not limited to, reports by appraisers, accountants, investment bankers, actuaries and other experts:

(12) A description of the manner in which the price was determined including which methods of valuation and what data were used, and the names and addresses of persons preparing said documents, and this information is deemed to be proprietary:

(13) The name and mailing address of all facilities in which the acquiror maintains an ownership interest or controlling interest or operating authority:

(14) A list of pending or adjudicated citations, violations or charges against the facilities listed in subsection (13) brought by any governmental agency within the past three (3) years and the status or disposition of each matter with regard to its operation:

(16) The names of persons currently holding a position as an officer, director, or senior level management who will or will not maintain any position with the new health insurance corporation, health maintenance organization, non-profit hospital service corporation or non-profit medical service corporation and whether any said person will receive any salary, severance stock offering or any financial gain, current or deferred, as a result of or in relation to the proposed conversion:

(16) Current, signed original conflict of interest forms from all officers, directors, trustees, senior management, chairpersons or department chairpersons on a form acceptable to the attorney general:

(17) Any other material that the department of business regulation deems relevant to its investigation;

(10) A detailed description of real estate issued including title reports for land owned and lease agreements concerning the proposed conversion:

(19) Copies of all documents related to (a) identification of all charitable assets (b) accounting of all charitable assets for the past three (3) years: and (c) distribution of the charitable assets including, but not limited to, endowments, restricted, unrestricted and specific purpose funds as each relates to the proposed transaction:

(20) A description of the plan as to how the new health insurance corporation, health maintenance organization, nonprofit hospital service corporation or nonprofit medical service corporation will provide community benefits and continued access to health insurance during the first three (3) years of operation;

(21) Copies of documents or description of any proposed plan for any entity to be created for charitable assets, including but not limited to, endowments, restricted, unrestricted and specific purpose funds, the proposed articles of incorporation, by-laws, mission statement, program agenda, method of appointment of board members qualifications of board members, duties of board members, and conflict of interest policies:

(22) The application shall also include a complete statement of performance during the preceding one (1) year with regard to the terms and conditions of approval of conversion and each projection, plan, or description submitted as part of the application for any conversion completed under any application.

(23) Copies of all NCQA (National Council on Quality Assurance) reports and profiles and all NAIC (National Association of Insurance Commissioners) reports issued during the past five (6) years:

(b) Two (2) copies of the initial application shall be provided to the department of business regulation and the department of attorney general simultaneously by United States mail, certified, return receipt requested.

(c) Except for information determined by the department of business regulation in accordance with section 27-64-23 to be confidential and/or proprietary, the initial application, supporting documentation, and the attorney general's report shall be considered public records and shall be available for inspection upon request.

27-64-7. Review process and review criteria by department of attorney general Conversions. - (a) The department of attorney general shall review all conversions involving a health insurance corporation, health maintenance organization non-profit hospital service corporation or non-profit medical service corporation.

(b) The department of attorney general shall, within twenty (20) days of its receipt of an initial application, inform the department of business regulation and/or the applicant of any additional information necessary to its ability to prepare the detailed report required under subsections (d) and (e) of this section.

(c) Upon receipt by the department of attorney general of the additional information requested in 27-64-7(b), the application shall be deemed complete.

(d) The department of attorney general shall transmit, within sixty (60) days of the receipt of the completed application, a detailed report of its findings to the department of business regulation.

(e) The report of the department of the attorney general shall address each of the following criteria:

(1) Whether any conflict of interest exists concerning the proposed conversion relative to the officers, directors, senior management, experts or consultants engaged in connection with the proposed conversion including, but not limited to attorneys, accountants, investment bankers, actuaries, health care experts, or industry analysts:

(2) Whether individuals described in subsection (1) were provided with contracts or consulting agreements or arrangements which included pecuniary rewards based in whole, or in part on the contingency of the completion of the conversion:

(3) Whether any members of the board of directors will retain any authority in the new health insurance corporation, health maintenance organization, non-profit hospital service corporation or non-profit medical service corporation:

(4) Whether individual officers, directors, or senior management engaged legal counsel to consider their individual rights or duties in acting in their capacity as a fiduciary in connection with the proposed conversion:

(6) Whether the conversion is proper under the Rhode Island nonprofit corporation.

(6) Whether the conversion is proper under applicable state tax code provisions:

(7) Whether the individuals who represented the existing health maintenance organization, non-profit hospital service corporation or non-profit medical service corporation in negotiations avoided conflicts of interest:

(8) Whether the proposed conversion results in an abandonment of the original purposes of the acquiree or whether a resulting entity will depart from the traditional purposes and mission of the acquiree such that a cy pres proceeding would be necessary:

(9) Whether the proposed conversion jeopardizes the tax status of the acquiree:

(10) Whether the transacting parties are in compliance with the charitable trust act, chapter 9 of Title 18:

(11) Whether the proposed conversion will harm the public's interest in trust property given, devised, or bequeathed to the acquiree for charitable, educational or religious purposes located or administered in this state:

(12) Whether a trustee or trustees of any chai"itable trust located or administered in this state will be deemed to have exercised reasonable care, diligence, and prudence in performing as a fiduciary in connection with the proposed conversion: and

(13) Whether the proposed conversion appropriately provides for the disposition of proceeds of the conversion which may include, but not be limited to:

(a) Whether an existing entity or a new entity will receive the proceeds:

(b) Whether appropriate tax status implications of the entity receiving the proceeds have been considered:

(c) Whether the mission statement and program agenda will be or should be closely related with the purposes of the mission of the acquiree:

(d) Whether any conflicts of interest arise in the proposed handling of the conversion's proceeds:

(e) Whether the bylaws and articles of incorporation have been prepared for the new

(f) Whether the board of any continuing entity will be independent from the new entity;

(g) Whether the method for selecting board members, staff, and consultants is appropriate:

(h) Whether the board will comprise an appropriate number of individuals with experience in pertinent areas such as foundations, health care, business, labor, community programs, financial management, legal, accounting, grant making and public members representing diverse ethnic populations of the aifected community:

(i) Whether the size of the board and proposed length of board terms are sufficient:

27-64-8. Review process and review criteria by department of business regulation for conversions. - (a) The department shall review all proposed conversions involving a health insurance corporation, health maintenance organization, non-profit hospital serviced corporation or a non-profit medical service corporation.

(b) In reviewing proposed conversions in accordance with subsection (a) the department shall adhere to the following process:

(1) Within ten (10) working days after receipt of two (2) copies of an initial application pursuant to section 27-64-6, the department shall publish notice of the application in a newspaper of general circulation in the state and shall notify by United States mail any person who has requested notice of the filing of such application. The notice shall state (a) that an initial application has been received, (b) the names of the transacting parties, (c) the date by which a person may submit written comments to the department, and shall provide notice of the date, time and place of a public hearing:

(2) Within thirty (30) days after receipt of an initial application, the department shall advise the applicant in writing whether the application is complete, and, if not, shall specify what additional information is required:

(3) The department shall, upon receipt of information requested in subsection (b)(2) herein, notify the applicant in writing of the date of completion of the application:

(4) The department shall approve, approve with conditions directly related to the proposed conversion, or disapprove the application within ninety (90) days of the date of completion of the application:

(c) In reviewing an application for a conversion involving health insurance corporations, health maintenance organizations, non-profit hospital service corporations, or non-profit medical service corporations the department shall consider the following criteria:

(1) Whether the proposed conversion provides reasonable assurance that the entity surviving after the conversion will be financially viable and competently managed:

(2) Whether the character, commitment, competence, and standing in the community, or any other communities served by the proposed transacting parties, are satisfactory;

(3) Whether the transacting parties have made a commitment to assure the continuation of collective bargaining rights, if applicable. and retention of the workforce:

(4) Whether the transacting parties have appropriately accounted for employment needs at the facility and addressed work-force retraining needed as a consequence of any proposed restructuring:

(6) Whether the acquiror has demonstrated that it has satisfactorily met the terms and conditions of approval for any previous conversion pursuant to an application submitted under section 27-64-6.

(6) Whether the acquiree established appropriate criteria in deciding to pursue a conversion in relation to carrying out its mission and purposes:

(7) Whether the acquiree formulated and issued appropriate requests for proposals in pursuing a conversion:

(8) Whether the acquiree considered the proposed conversion as the only alternative or as the best alternative in carrying out its mission and purposes;

(9) Whether the acquiree exercised due care in engaging consultants with the appropriate level of independence. education. and experience in similar conversions:

(10) Whether the acquiree exercised due care in accepting assumptions and conclusions provided by consultants engaged to assist in the proposed conversion:

(11) Whether the acquiree accepted fair consideration and value for any management contracts made part of the proposed conversion:

(12) Whether the proposed conversion contemplates the appropriate and reasonable fair market value:

(13) Whether the proposed conversion was based upon appropriate valuation methods including. but not limited to. market approach. third party report or fairness (14) Whether officers. directors. or senior management deliberately acted or failed to act in a manner which impacted negatively on the value or purchase price: (16) Whether the board exposed an inappropriate amount of assets by accepting in exchange for the proposed conversion future or contingent value based upon success of the new health insurance corporations. health maintenance organizations. nonprofit hospital service corporations. and nonprofit medical service corporations;

(16) Whether the formula used in determining the value of the acquiree was appropriate and reasonable which may include, but not be limited to factors such as: the multiple factor applied to the "EBITDA" - earnings before interest. taxes. depreciation. and amortization; the time period of the evaluation: price/earnings multiples; the projected efficiency differences between the acquiree and the new entity and the historic value of any tax exemptions granted to the acquiree:

(17) Whether the transacting parties have made a commitment (A) to honor existing contracts with subscribers. businesses and providers and (B) to satisfy outstanding liabilities to providers through a formal account reconciliation process:

(18) Whether a right of first refusal to repurchase the assets has been retained:

(19) Whether a control premium is an appropriate component of the proposed converions;

(20) Whether the value of assets factored in the conversion is based on past performance or future potential performance;

(21) Whether the board exercised due care in assigning a value to the acquiree and its charitable assets in proceeding to negotiate the proposed conversion:

(22) Any criteria delineated in section 27-36-2(d)(1) of the General Laws which the department deems applicable and appropriate.

(23) The detailed report submitted to the department of business regulation. by the department of the attorney general; and (24) Any other criteria the department deems relevant to its investigation:.

(26) Whether the transacting parties have made a commitment to assure access to care for insured. underinsured and uninsured members of the community:

(26) Whether the proposed conversion negatively impacts on the quality and reliability of health services.

(d) In considering the above criteria. the department shall assign such weight and importance as it deems necessary and appropriate under the circumstances to carry out the purposes of this chapter.

27-64-9. Reports. use of experts. costs. -The department of business regulation and/ or the department of attorney general may, in effectuating the purposes of this chapter engage experts or consultants including. but not limited to. actuaries. investment bankers. accountants. attorneys. or industry analysts. All copies of reports prepared by experts and consultants. and costs associated therewith. shall be made available to the transacting parties and to the public. All costs incurred under this provision shall be the responsibility of one (1) or more transacting parties in an amount to be determined by the director as he deems appropriate. No application for a conversion made pursuant to the requirements of this chapter shall be considered complete unless an agreement has been executed with the director for the payment of costs in accordance with this section.

27-64-10. Investigation - Notice to attend - Court order to appear - Contempt. - (a) The director and/or the department of attorney general may conduct investigations in discharging the duties required under this chapter. For purposes of this .investigation the director or attorney general may require any person. agent. trustee. fiduciary. consultant. institution. association. or corporation directly related to the proposed conversion to appear at such time and place as the director or attorney general may designate. then and there under oath to produce for the use of the director or attorney general any and all documents and other such information.

(b) Whenever the director or attorney general may require the attendance of any person as provided in subsection (a). the director or attorney general shall issue a notice setting the time and place when the attendance is required and shall cause the notice to be delivered or sent by registered or certified mail to the person at least fourteen (14) days before the date fixed in the notice for the attendance.

(c) If any person receiving notice pursuant to this provision neglects to attend or remain in attendance so long as may be necessary for the purposes for which the notice was issued. or refuses to produce information requested. any justice of the superior court for the county within which the inquiry is carried on or within which the person resides or transacts business. upon application by the director or attorney general. or any transacting party shall have jurisdiction to hear and consider on an expedited basis the request. and if appropriate and relevant to the consideration of the proposed conversion. may issue to the person an order requiring the person to appear before the director or attorney general there to produce for the use of the director or attorney general. evidence in accordance with the terms of the order of the court. and any failure to obey the order of the superior court may be punished by the court as contempt thereof.

27-64-11. Perjury. - Any person who is found to have testified falselv under oath before the general assembly department of business regulation or attorney general. pursuant to this chapter shall be subiect to prosecution for perjury and be subiect to the penalties set forth in section 11-33-1.

27-64-12. Licensing fees. Nothing contained in this chapter shall be deemed to affect the licensing fees set forth in chapters 27-19. 27-20 and 27-41.

27-64-13. Concurrent approval License. - A decision of the director required by this chapter shall be subject to chapter 36 of title 42. For any conversion subject to this chapter. the director may combine any hearings required by this chapter with any hearings on similar or related matters required by chapters 27-19. 27-20 and 27-41 and shall consider issues of market share especially as they affect quality. access. and affordability of service.

27-64-14. No derogation of attorney general. - (a) No provision of this chapter shall derogate from the common law or statutory authority of the attorney general nor shall any provision be construed as a limitation on the common law or statutory authority of the attorney general. including the authority to investigate at any time charitable trusts for the purpose of determining and ascertaining whether they are being administered in accordance with law and with the terms and purposes thereof.

(b) No provision of this chapter shall be construed as a limitation on the application of the doctrine of cy pres or any other legal doctrine applicable to charitable assets and/ or charitable trusts.

27-64-16. Distribution of proceeds from acQuisition - Selection and establishment of an independent foundation. - (a) In the event of the approval of a conversion involving a not for profit corporation. as an acquiree. it may be required that the proceeds from the sale and any endowments. restricted. unrestricted and specific purpose funds may be transferred to a charitable foundation established herein.

(b) The determination whether the proceeds of the conversio:i shall be transferred to the foundation established herein shall be made pursuant to the common law doctrine of cy pres and chapter 4 of Title 18 of General Laws.

(c) The board of directors shall consist of an executive director. who shall serve exofficio. and nine (9) members. all of whom shall be citizens and residents of this state and none of whom shall be members of the general assembly, and three (3) of whom shall be appointed by the governor, three (3) of whom shall be appointed by the speaker of the house and three (3) of whom shall be appointed by the senate majority leader. The board members may include one or more members with experience in matters including financial. legal. business. labor. health care delivery. investments, community purpose. grant-making. health insurance and members who represent diverse populations of the affected community and not more than three (3) members of the board may be prior board members of the acquiree:

(d) The members shall be appointed for terms of three (3) years except for the three (3) members originally appointed by each of the appointing authorities: one (1) shall be appointed for a term of one (1) year. one (1) shall be appointed for a term of two (2) years and one (1) for a term of three (3) years. The board shall annually elect a chairperson from among its members and other officers it deems necessary for the performance of its duties and board members shall not receive compensation:

(e) Control of the distribution of the proceeds of the fund is vested solely in the board provided however. the investment responsibility shall be through the "Rhode Island Foundation". or similar foundation:

(f) Vacancies occurring on such board may be filled by a majority vote of the remaining board members.

27-64-16. Powers and duties of the board. - The board is vested with full power. authority, and jurisdiction over the foundation and may perform all acts necessary or convenient in the exercise of any power. authority. or jurisdiction over the foundation: including the power to intervene in any cy pres proceeding involving the transfer of proceeds from the health care conversion in order to seek their transfer to the foundation. or as an amicus curie.

27-64-17. Personal liability excluded. -The members of the board and officers or employees of the foundation are not liable personally. either jointly or severally. for any debt or obligation created or incurred by the foundation unless such conduct is deemed to be gross misconduct or reckless.

27-64-18. Implementation. (a) The attorney general may take all steps necessary to effectuate the purposes of section 27-64- IS and the board shall be appointed no more than sixty (60) days after the completion of the conversion. The board shall act promptly to appoint an executive director. hire such staff as necessary. acquire necessary facilities and supplies to begin the operation of the foundation:

(b) The board shall conduct a public hearing to solicit comments on the proposed mission statement. program agenda. corporate structure7 and strategic planning. The board shall hold a public hearing within one hundred eighty (180) days of establishment of the board and on an annual basis thereafter.

27-64-19. Annual report. The board shall submit an annual report and a copy of form 990 as required by the Internal Revenue Service to the governor. the attorney general and the legislature.

27-64-20. General powers and limitations. For the purposes of exercising the specific powers granted in this chapter and effectuating the other purposes of this chapter,the foundation:

(1) May be sued and sue:

(2) May have a seal and alter it at will:

(3) May make. amend. and repeal rules relating to the conduct of the business of the foundation;

(4) May enter into contracts relating to the administration of the foundation:

(6) May rent. lease, buy or sell property in its own name and may construct or repair buildings necessary to provide space for its operations:

(6) May hire personnel. consultants and experts and set salaries: and (7) May perform all other functions and exercise all other powers that are necessary. appropriate or convenient to administer the foundation.

27-64-21. Failure to comply - Penalties. - If any person knowingly violates or fails to comply with any provision of this chapter or willingly or knowingly gives false orincorrect inforrnation the director may. after notice and opportunity for a prompt and fair hearing to the applicant or licensee. deny. suspend or revoke a license. or to take corrective action necessary to secure compliance under this chapter. or (2) the Superior Court may. after notice and opportunity for a Prompt and fair hearing. may impose a fine of not more than one hundred thousand dollars ($100.000) or impose a prison term of not more than five (6) years.

27-64-22. Powers of the department of business regulation. The department may adopt rules. including measurable standards. as may be necessary to accomplish the purpose of this chapter.

27-64-23. Determination of confidentiality by the department of business regulation. - The director shall have the power to decide whether any information required by this chapter of an applicant is confidential and/or proprietary. Such decisions by the department of business regulation shall be made prior to any public notice of an initial application or any public review of such information.

27-64-24. Exceptions Rehabilitation. Liquidation or Conservation. No proposed conversion shall be subject to this chapter in the event that the Health Insurance Corporation. Health Maintenance Corporation. a nonprofit hospital service corporation. nonprofit medical service corporation or affiliate or subsidiary thereof is subject to an order from the superior court directing the director to rehabilitate. liquidate or conserve. as provided in section 27-19-28. 27-20-4. 27-41-l8. 27-14.1-1 et seq.. 27-14.2-1 etseq.. 27-14.3-1 etseq. or 27-14.4-1 et seq.

27-64-26. Applicability. - The acquirors shall be subject to the provisions of chapters 23-17.12 and 23-17.13.

27-64-26. Conflict of law. - The provisions of this chapter shall supersede the provisions of chapters 27-19. 27-20. and 27-41 in conflict with this chapter. Except as expressly provided in this chapter. this chapter shall supersede title 27, chapter 36 with respect to conversions subject to this chapter. except for conversions involving domestic insurance companies subject to Title 27 Chapter 1. which conversion shall also be subject to Title 27. Chapter 36.

27-64-27. Severability. - If any provision of this chapter or the application thereof to any person or circumstances is held invalid. such invalidity shall not affect other provisions or applications of the chapter. which can be given effect without the in""alid. provision or applicable. and to this end the provisions of this chapter are declared to be severable.

SECTION 2. Chapter 27-l8 of the General Laws entitled "Accident and Sickness Insurance Policies" is hereby amended by adding thereto the following section:

27-18-63. Health insurance rates.- No insurance company organized as a stock or mutual corporation which merges or consolidates with. acquires ownership or control or possession of twenty percent (20%) or greater of the operating assets of. or otherwise acquires control of a non-profit hospital service corporation organized under chapter 27- 19. a non-profit medical service corporation organized under chapter 27-20 or a health maintenance organization organized under chapter 27-41 (i) may file with any state agency for review or approval any proposed rate to be used by the company in the state. or (ii) may charge to any party in the state any rate or premium, which takes into account or reflects in any manner the value of any contribution. distribution or allocation the companv expends or incurs in establishing or funding a charitable foundation organized to maintain or otherwise account for the assets of a non-profit hospital service corporation. non-profit medical service corporation or health maintenance organization. For any rate that is to be charged to policy holders. regardless of whether such rate is subject to approval by a state agency under this or another chapter. the company shall at least thirty (30) davs before implementing the rate submit under oath to the commissioner of insurance an accounting that documents the cost structure on which the rate is based and otherwise demonstrates the company's compliance with this section.

SECTION 3. Chapter 27-19 of the General Laws entitled "Nonprofit Hospital Service Corporations" is hereby amended by adding thereto the following section:

27-19-30.1. Health insurance rates. No insurance company organized as a stock or mutual corporation which merges or consolidates with. acquires ownership or control or possession of twenty percent (20%) or greater of the operating assets of, or otherwise acquires control of a non-profit hospital service corporation organized under chapter 27- 19. a non-profit medical service corporation organized under chapter 27-20 or a health maintenance organization organized under chapter 27-41 (i) may file with any state agency for review or approval any proposed rate to be used by the company in the state. or (ii) may charge to any party in the state any rate or premium. which takes into account or reflects in any manner the value of any contribution. distribution or allocation the companv expends orincurs in establishing or funding a charitable foundation organized to maintain or otherwise account for the assets of a non-profit hospital service corporation. non-profit medical service corporation or health maintenance organization. For any rate that is to be charged to policy holders. regardless of whether such rate is subject to approval bv a state agency under this or another chapter. the company shall at least thirty (30) days before implementing the rate submit under oath to the commissioner of insurance an accounting that documents the cost structure on which the rate is based and otherwise demonstrates the company's compliance with this section.

SECTION 4. Chapter 27-20 of the General Laws entitled "Nonprofit Medical Service Corporations" is hereby amended by adding thereto the following section:

27-20-26.2. Health insurance rates. - No insurance company organized as a stock or mutual corporation which merges or consolidates with, acquires ownership or control or possession of twenty percent (20%) or greater of the operating assets of. or otherwise acquires control of a non-profit hospital service corporation organized under chapter 27- 19. a non-profit medical service corporation organized under chapter 27-20 or a health maintenance organization organized under chapter 27-41 (i) may file with any state agencv for review or approval any proposed rate to be used by the company in the state. or (ii) may charge to any party in the state any rate or premium. which takes into account or reflects in any manner the value of any contribution. distribution or allocation the companv expends or incurs in establishing or funding a charitable foundation organized to maintain or otherwise account for the assets of a non-profit hospital service corporation. non-profit medical service corporation or health maintenance organization. For any rate that is to be charged to policy holders. regardless of whether such rate is subject to approval by a state agency under this or another chapter. the company shall at least thirty (30) days before implementing the rate submit under oath to the commissioner of insurance an accounting that documents the cost structure on which the rate is baked and otherwise demonstrates the company's compliance with this section.

SECTIONS. Chapter 27-41 of the General Laws entitled "Health Maintenance Organizations" is hereby amended by adding thereto the following section:

27-41-27.2 Health insurance rates.- No insurance company organized as a stock or mutual corporation which merges or consolidates with. acquires ownership or control or possession of twenty percent (20%) or greater of the operating assets of. or otherwise acquires control of a non-profit hospital service corporation organized under chapter 27- 19. a non-profit medical service corporation organized under chapter 27-20 or a health maintenance organization organized under chapter 27-41 (i) may file with any state agency for review or approval any proposed rate to be used by the company in the state. or (ii) may charge to any party in the state any rate or premium. which takes into account or reflects in any manner the value of any contribution. distribution or allocation the company expends or incurs in establishing or funding a charitable foundation organized to maintain or otherwise account for the assets of a non-profit hospital service corporation. non-profit medical service corporation or health maintenance organization. For any rate that is to be charged to policy holders. regardless of whether such rate is subject to approval by a state agency under this or another chapter. the company shall at least thirty (30) days before implementing the rate submit under oath to the commissioner of insurance an accounting that documents the cost structure on which the rate is based and otherwise demonstrates the company's compliance with this section.

SECTION 6. In order to assist the department of Business Regulations in its assessment, evaluation and review, there shall be available to the department, in the Rhode Island State House Library, Room 208, State House, a copy of the book, Due Diligence in Business Transactions, 1996 edition.

SECTION 7. This act shall take effect upon passage.

Respectfully submitted,

GERARD M. MARTINEAU
Representative, District 63

Representatives Martineau, Bramley, Henseler and Watson discuss the amendment.

The motion to amend is read and prevails on a roll call vote, 85 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS 85: Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Cambio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Ginaitt, Gorham, Heffner, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, G., Lewiss, Lima, Long, Lopes, Maher, Malik, Martineau, McNamara, Menard, Montanaro, Mumford, Munschy, Naughton, Falangio, Falumbo, Ficard, Fires, Fisaturo, Rabideau, Reilly, Rose, Russo, Savage, San Bento, Schadone, Scott, Shavers, Sherlock, Slater, Smith, Sullivan, Thompson. Vieira, Voccola, Watson, Williams, Winfield.

NAYS -0.

Representative Watson discusses the act as amended.

By unanimous consent, Representative Martineau, seconded by Representative Watson, offers an oral motion to amend.

The motion to amend prevails on a roll call vote, 83 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 83: Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Callahan, Cambio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Ginaitt, Gorham, Heffner, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, G., Lewiss, Lima, Long, Lopes, Maher, Malik, Martineau, McNamara, Menard, Montanaro, Mumford, Munschy, Naughton, Fires, Fisaturo, Rabideau, Reilly, Rose, Russo, Savage, San Bento, Schadone, Scott, Shavers, Sherlock, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Watson, Williams, Winfield.

NAYS -0.

Representative Bramley discusses 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, 86 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 86: Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Callahan, Cambio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Ginaitt, Gorham, Heffner, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, G., Lewiss, Lima, Long, Lopes, Maher, Malik, Martineau, McNamara, Menard, Montanaro, Mumford, Munschy, Naughton, Falangio, Falumbo, Ficard, Fires, Fisaturo, Rabideau, Reilly, Rose, Russo, Savage, San Bento, Schadone, Scott, Shavers, Sherlock, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Watson, Williams, Winfield.

NAYS -0.

Representative Martineau requests to transmit (99-H 6561) (Substitute "A" as amended) to the Honorable Senate.

There is no objection.

HOLD ON THE DESK


Representative Watson requests to hold (99-S 189) on the desk.

There is no objection.

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 to the Honorable Secretary of State forthwith, with the exception of bills being held on the desk.

CALENDAR




Representative Costantino requests leave of the House to take up (99-H 5727) (Substitute "A") item 19A on today's Calendar next.

There is no objection.

19A. (99-H 5727) (Substitute "A") An Act relating to Superior Court.

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

Representative Costantino moves passage of the act, seconded by Representatives Fires, Henseler, Benoit, Cambio, Cicilline, Coelho, Reilly, Bramley, Lopes, Lewiss, Corvese, Hetherington, Carpenter, Montanaro, San Bento and Sullivan.

By unanimous consent, Representative Fox, seconded by Representatives Martineau, Cicilline, Lopes, Carpenter, Costantino and Montanaro, offers the following written motion to amend:

FLOOR AMENDMENT

TO


(99-H 5727) (Substitute "A")


Mr. Speaker:

I hereby move to amend (99-H 5727) (Substitute "A") entitled "AN ACT RELATING TO SUPERIOR COURT" as follows:

1. On page 4, delete all the language appearing on lines 21 through 31, and substitute therefore the following:

SECTION 3. Drug Court Citizens Advisory Committee -

There is hereby created a drug court citizens advisory committee who shall include but not be limited to the following membership groups:

1.Representatives of the minority community

2.Representatives of citizen advocacy groups

3.Representatives of law enforcement community

4.Representatives of religious or faith based organizations

6.Representatives of neighborhood associations

6.Representatives of community organizations

7. Representatives of organized labor

8.Representatives of the business community

9.Representatives of Substance Abuse Treatment Providers

10.Representatives of the Criminal Defense Bar

The purpose of the committee is to assist in the planning and preparation of the drug court calendar for the Superior Court. Upon passage, the committee shall meet at the call of the Attorney General and shall meet quarterly thereafter. The committee shall report its findings to the General Assembly on or before May 1, 2000 and in each year thereafter.

Respectfully submitted,

GORDON FOX
Representative, District 5

By unanimous consent, Representative Fox, seconded by Representatives Cicilline, Costantino, Montanaro, Lopes and Carpenter, offers an oral motion to amend the amendment.

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

YEAS - 74: Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Callahan, Cambio, Carpenter, Carroll, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, DeSimone, Farrell, Ferguson, Flaherty, Fleury, Fox, Garvey, George, Giannini, Ginaitt, Gorham, Henseler, Hetherington, Hogan, Inman, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, G., Lewiss, Lima, Long, Lopes, Maher, Martineau, McNamara, Menard, Montanaro, Mumford, Munschy, Naughton, Fires, Fisaturo, Reilly, Rose, Savage, San Bento, Schadone, Shavers, Sherlock, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Williams, Winfield.

NAYS -0.

Representatives Benson, Fox, Cicilline and Lewiss discuss the amendment, as amended.

The motion to amend prevails, as amended, on a roll call vote, 78 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 78: Representatives Abdullah-Odiase, Aiken, Alello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Callahan, Cambio, Carpenter, Carroll, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, DeSimone, Farrell, Ferguson, Flaherty, Fleury, Fox, Garvey, George, Giannini, Ginaitt, Gorham, Henseler, Hetherington, Hogan, Inman, Jacquard, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, G., Lewiss, Lima, Long, Lopes, Maher, Martineau, McNamara, Menard, Montanaro, Mumford, Munschy, Naughton, Falangio, Falumbo, Fires, Fisaturo, Reilly, Rose, Russo, Savage, San Bento, Schadone, Scott, Shavers, Sherlock, Slater, Smith, Thompson, Vieira, Voccola, Wasylyk, Watson, Williams, Winfield.

NAYS -0.

By unanimous consent, Representative Cicilline, seconded by Representatives Ajello and G. Levesque, offers the following written motion to amend:

FLOOR AMENDMENT
TO


(99-H 5727) (Substitute "A")

Mr. Speaker:

I hereby move to amend (99-H 5727) (Substitute "A") entitled "AN ACT RELATING TO SUPERIOR COURT" as follows:

1. On page 2, line 20, after the word "general" add the following language: "or the court".

Respectfully submitted,

DAVID N. CICILLINE
Representative, District 4

Representatives Fox, Scott, G. Levesque, Lopes and Cicilline discuss the amendment.

The motion to amend is read and fails on a roll call vote, 21 members voting in the affirmative and 52 members voting in the negative as follows:

YEAS - 21: Representatives Abdullah-Odiase, Aiken, Ajello, Amaral, Bramley, Callahan, Carroll, Cicilline, Gorham Hetherington, Kelso, Levesque, G., Lewiss, Lima, Long, Falangio, Rabideau, Russo, Schadone, Scott, Voccola.

NAYS - 52: Representatives Almeida, Anderson, M., Anderson, S., Barr, Benoit, Cambio, Carpenter, Coderre, Corvese, Costantino, Dennigan, DeSimone, Faria, Farrell, Flaherty, Fleury, Fox, Garvey, Giannini, Henseler, Hogan, Inman, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Lopes, Maher, Martineau, McNamara, Menard, Montanaro, Mumford, Naughton, Falumbo, Fires, Fisaturo, Reilly, Rose, Savage, San Bento, Shavers, Sherlock, Slater, Smith, Sullivan, Thompson, Vieira, Wasylyk, Winfield.

By unanimous consent, Representative Montanaro, seconded by Representatives Fox and Costantino, offers the following written motion to amend:

FLOOR AMENDMENT

TO



(99-H 5727) (Substitute "A")


Mr. Speaker:

I hereby move to amend (99-H 5727) (Substitute "A") entitled "AN ACT RELATING TO SUPERIOR COURT" as follows:

On page 4, line 31, by inserting after the second number "2000." a new sentence "This committee shall be subject to the provisions of chapter 46 of title 42 ("Open Meetings")".

Respectfully submitted,

FRANK A. MONTANARO
Representative, District 24

The motion to amend is read and prevails on a roll call vote, 78 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 78: Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Callahan, Cambio, Carpenter, Carroll, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, DeSimone, Faria, Farrell, Flaherty, Fleury, Fox, Garvey, George, Giannini, Ginaitt, Henseler, Hetherington, Hogan, Inman, Jacquard, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lopes, Maher, Martineau, McNamara, Menard, Montanaro, Mumford, Munschy, Naughton, Falangio, Falumbo, Fires, Fisaturo, Rabideau, Reilly, Rose, San Bento, Schadone, Scott, Shavers, Sherlock, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Williams, Winfield.

NAYS -0.

By unanimous consent, Representative Abdullah-Odiase, seconded by Representatives Farrell, Fox, Amaral and Lopes, offers the following written motion to amend:

FLOOR AMMENDMENT
TO



(99-H 5727) (Substitute "A")


Mr. Speaker:

I hereby move to amend (99-H 5727) (Substitute "A") entitled "AN ACT RELATING TO SUPERIOR COURT" as follows:

On page 2 line 9, by deleting the language in its entirety and inserting in its place the following:

(ii) Successfull completion of Appropriate community based drug rehabilitation and treatment programs".

On page 2 line 10, by inserting after the word "educational" the following language: "and employment".

On page 2 line 14, by adding after the word "requirements" the following: "and graduated rewards for compliance with the drug court program requirements".

On page 3 line 28, by deleting the language in its entirety and inserting thereof the following:

"(ii) successful completion of Appropriate community based drug rehabilitation and treatment programs".

On page 3 line 29, by inserting after the word "educational" the following language: "and employment".

On page 4 line 1, by adding after the word "requirements" the following: "and graduated rewards for compliance with the drug courts program requirements".

Respectfully submitted,

'AISHA ABDULLAH-ODIASE
Representative, District 19

Representative Abdullah-Odiase, seconded by Representatives Fox and Costantino, offers and oral motion to amend the amendment.

The oral motion to amend is read and prevails on a roll call vote, 75 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 75: Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Callahan, Cambio, Carpenter, Carroll, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, DeSimone, Faria, Farrell, Flaherty, Fleury, Fox, Garvey, George, Giannini, Gorham, Henseler, Hetherington, Hogan, Inman, Jacquard, Kelso, Kennedy, Kilmartin, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lopes, Maher, Martineau, Menard, Montanaro, Mumford, Munschy, Naughton, Falangio, Falumbo, Fires, Fisaturo, Rabideau, Reilly, Rose, Savage, San Bento, Schadone, Scott, Shavers, Sherlock, Slater, Smith, Sullivan, Thompson, Vieira, Wasylyk, Watson, Winfield.

NAYS -0.

The motion to amend prevails, as amended, on a roll call vote, 73 members voting in the affirmative and 3 members voting in the negative as follows:

YEAS - 73: Representatives Abdullah-Odiase, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Callahan, Cambio, Carpenter, Carroll, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garvey, Giannini, Ginaitt, Henseler, Hetherington, Hogan, Inman, Jacquard, Kelso, Kennedy, Kilmartin, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lopes, Maher, Martineau, Menard, Montanaro, Mumford, Munschy, Naughton, Falangio, Falumbo, Fires, Rabideau, Reilly, Rose, Savage, San Bento, Schadone, Scott, Shavers, Sherlock, Slater, Smith, Sullivan, Vieira, Voccola, Wasylyk, Watson, Williams, Winfield.

NAYS - 3: Representatives George, Gorham, Thompson.

By unanimous consent, Representative Cicilline, seconded by Representatives Lima, Carroll and G. Levesque, offers the following written motion to amend:

FLOOR AMENDMENT

TO



(99-H 5727) (Substitute "A")


Mr. Speaker:

I hereby move to amend (99-H 5727) (Substitute "A") entitled "AN ACT RELATING TO SUPERIOR COURT" as follows:

1. On page 2, line 5, after the language "offense.", by adding the following language:

"And to afford treatment for such dependency on alcohol or drugs in the least restrictive setting consistent with the safety of the public and the treatment needs of the defendant."

2. On page 3, line 24, after the language "offense.", by adding the following language:

"And to afford treatment for such dependency on alcohol or drugs in the least restrictive setting consistent with the safety of the public and the treatment needs of the child."

Respectfully submitted,

DAVID N. CICILLINE
Representative, District 4

Representatives Cicilline, Fox, Costantino, C. Levesque and G. Levesque discuss the amendment.

The motion to amend is read and fails on a roll call vote, 14 members voting in the affirmative and 58 members voting in the negative as follows:

YEAS - 14: Representatives Ajello, Carroll, Cicilline, Coelho, Ferguson, Hetherington, Levesque, C., Levesque, G., Lima, Long, Maher, Falumbo, Sullivan, Vieira.

NAYS - 58: Representatives Abdullah-Odiase, Aiken, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Bramley, Callahan, Cambio, Carpenter, Carter, Coderre, Corvese, Costantino, DeSimone, Faria, Farrell, Flaherty, Fleury, Fox, Garvey, George, Giannini, Ginaitt, Gorham, Henseler, Hogan, Kelso, Kennedy, Kilmartin, Lally, Lanzi, Lewiss, Lopes, Menard, Montanaro, Mumford, Naughton, Falangio, Fires, Fisaturo, Rabideau, Reilly, Rose, Savage, San Bento, Schadone, Scott, Sherlock, Slater, Smith, Thompson, Voccola, Wasylyk, Watson, Winfield.

NOW PRESIDING


At 7:07 o'clock P.M. the Honorable Deputy Speaker yields the rostrum to the Honorable Speaker.

CALENDAR




Representatives Rabideau, Costantino, Fires and Lopes discuss the act.

The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, on a roll call vote, 81 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 81: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Callahan, Cambio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, l)eSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garvey, George, Giannini, Henseler, Hetherington, Hogan, Inman, Jacquard, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lopes, Maher, Martineau, McCauley, Menard, Montanaro, Mumford, Munschy, Naughton, Falangio, Falumbo, Fires, Fisaturo, Rabideau, Reilly, Rose, Savage, San Bento, Schadone, Scott, Shavers, Sherlock, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Williams, Winfield.

NAYS -0.

19. (99-H6572) (Substitute "A" as amended) An Act relating to public works arbitration.

Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A", as amended.

Representative Fires moves passage of the act, seconded by Representatives Fox, Benson and Faria.

By unanimous consent, Representative Fires, seconded by Representative Fox, offers the following written motion to amend:

FLOOR AMENDMENT

TO



(99-H 6572) (Substitute "A" as amended)


Mr. Speaker:

I hereby move to amend (99-H 6572) (Substitute "A" as amended) entitled "AN ACT RELATING TO PUBLIC WORKS ARBITRATION" as follows:

(1) On page 2, lines 26 and 27 after the word "arbitration" by deleting the following language: "from the American Arbitration Association with Public Works construction related experience".

Respectfully submitted,

ANTONIO J PIRES
Representative, District 79

The motion to amend is read and prevails on a roll call vote, 77 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 77: The Honorable Speaker Harwood and Representatives Abdullah.Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Callahan, Cambio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, DeSimone, Faria, Farrell, Flaherty, Fleury, Fox, Garvey, George, Giannini, Gorham, Henseler, Hetherington, Hogan, Jacquard, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lopes, Maher, Martineau, Menard, Montanaro, Mumford, Munschy, Naughton, Falangio, Falumbo, Fires, Fisaturo, Rabideau, Rose, Savage, San Bento, Schadone, Scott, Shavers, Sherlock, Slater, Smith, Sullivan, Thompson, Vieira, 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, 78 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 78: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Callahan, Cambio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, DeSimone, Faria, Farrell, Flaherty, Fleury, Fox, Garvey, George, Giannini, Gorham, Henseler, Hetherington, Hogan, Inman, Jacquard, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lopes, Maher, Martineau, Menard, Montanaro, Mumford, Munschy, Naughton, Falangio, Falumbo, Fires, Fisaturo, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shavers, Sherlock, Slater, Smith, Sullivan, Thompson, Vieira, Wasylyk, Watson, Williams, Winfield.

NAYS -0.

20. (99-H5764) (Substitute "A") An Act relating to education the funding of charter public schools.

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

Representative Benoitmoves passage of the act, seconded by Representatives Cambio, Ajello, Vieira and Corvese.

Representatives Barr, Benoit, Smith and C. Levesque discuss the act.

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on a roll call vote, 66 members voting in the affirmative and 10 members voting in the negative as follows:

YEAS 66: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Benoit, Benson, Bramley, Callahan, Cambio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garvey, Giannini, Gorham, Henseler, Hetherington, Jacquard, Kelso, Kennedy, Kilmartin, Lanzi, Levesque, C., Lewiss, Lima, Long, Maher, Martineau, McCauley, Montanaro, Mumford, Munschy, Falangio, Fires, Rabideau, Rose, San Bento, Savage, Schadone, Shavers, Slater, Smith, Sullivan, Thompson, Vieira, Wasylyk, Watson, Williams, Winfield.

NAYS - 10: Representatives Barr, George, Hogan, Lally, Levesque, G., Naughton, Falumbo, Fisaturo, Reilly, Scott.

21. (99-H6139) (Substitute "A") An Act relating to taxation- sales and use taxes -liability and computation.

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

Representative Fires moves passage of the act, seconded by Representative Fox.

By unanimous consent, Representative Fires, seconded by Representatives Fox, Menard, Martineau, Costantino and Sherlock, offers the following written motion to amend:

FLOOR AMENDMENT

TO



(99-H 6139) (Substitute "A")


Mr. Speaker:

I hereby move to amend (99-H 6139) (Substitute "A") entitled "AN ACT RELATING TO TAXATION - SALES AND USE TAXES - LIABILITY AND COMPUTATION" as follows:

On page 15 delete line 1 in its entirety and insert in place thereof the following words "a state chartered bank".

Respectfully submitted,

ANTONIO J. FIRES
Representative, District 79

Representative Wasylyk discusses the amendment.

The motion to amend is read and prevails on a roll call vote, 78 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 78: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Callahan, Cambio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, DeSimone, Faria, Farrell, Flaherty, Fleury, Fox, Garvey, George, Giannini, Ginaitt, Gorham, Henseler, Hetherington, Hogan, Inman, Jacquard, Kelso, Kennedy, Kilmartin, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Long, Lopes, Maher, Martineau, Menard, Montanaro, Mumford, Munschy, Naughton, Falangio, Falumbo, Fires, Fisaturo, Rabideau, Reilly, Rose, Savage, San Bento, Schadone, Scott, Shavers, Sherlock, Slater, Smith, Sullivan, Thompson, Vieira, 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, 78 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 78: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Callahan, Cambio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, DeSimone, Faria, Farrell, Flaherty, Fleury, Fox, Garvey, George, Giannini, Ginaitt, Gorham, Henseler, Hetherington, Hogan, Inman, Jacquard, Kelso, Kennedy, Kilmartin, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lopes, Maher, Martineau, Menard, Montanaro, Mumford, Munschy, Naughton, Falangio, Falumbo, Fires, Fisaturo, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shavers, Sherlock, Slater, Smith, Thompson, Vieira, Wasylyk, Watson, Williams, Winfield.

NAYS -0.

22. (99-S541) An Act relating to alcoholic beverages - penalties and liabilities.

Committee on Judiciary recommends passage in concurrence.

Read and passed, in concurrence, on motion of Representative Flaherty, seconded by Representatives C. Levesque and Shavers, on a roll call vote, 68 members voting in the affirmative and 2 members voting in the negative as follows:

YEAS - 68: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Callahan, Cambio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, l)eSimone, Faria, Farrell, Flaherty, Fleury, Fox, Garvey, George, Giannini, Gorham, Henseler, Hetherington, Hogan, Jacquard, Kelso, Kennedy, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Long, Lopes, Maher, Martineau, Menard, Mumford, Munschy, Naughton, Falangio, Fires, Fisaturo, Rabideau, Reilly, San Bento, Savage, Schadone, Scott, Shavers, Sherlock, Slater, Smith, Thompson, Vieira, Wasylyk, Watson, Williams, Winfield.

NAYS - 2: Representatives Montanaro, Falumbo.

23. (99-H5367) (Substitute "A") An Act relating to financial institutions - check cashing.

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

Representative Costantino moves passage of the act, seconded by Representatives Fox, George and 5later.

Representatives Montanaro and Costantino discuss the act.

By unanimous consent, Representative Costantino, seconded by Representative Fox, oilers the following written motion to amend:

Mr. Speaker:



FLOOR AMENDMENT

TO

(99-H 5367) (Substitute "A")


I hereby move to amend (99-H 5367) (Substitute "A") entitled "AN ACT RELATING TO FINANCIAL INSTITUTIONS - CHECK CASHING" as follows:

(1) On page 2, by deleting all language on lines 20 and 21.

(2) On page 2, line 22, by deleting the letter "(c)" and inserting in place thereof the letter "(b)".

(3) On page 2, line 31, by deleting the word "fifteen-' and inserting in its place the word "twelve".

(4) On page 2, line 32, by deleting the numeral "15" and inserting in its place the numeral "12".

Respectfully submitted,

STEVEN M. COSTANTINO
Representative, District 14

Representatives Cambio, Costantino and Jacquard discuss the amendment.

The motion to amend is read and prevails on a roll call vote, 71 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 71: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Callahan, Cambio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Lennigan, DeSimone, Faria, Flaherty, Fleury, Fox, Garvey, George, Giannini, Gorham, Henseler, Hetherington, Hogan, Jacquard, Kelso, Kennedy, Kilmartin, Lanzi, Levesque, C., Levesque, G., Lima, Long, Lopes, Maher, Martineau, Menard, Montanaro, Mumford, Munschy, Naughton, Falangio, Falumbo, Fisaturo, Rabideau, Reilly, Rose, Savage, San Bento, Schadone, Scott, Shavers, Slater, Smith, Sullivan, Thompson, Vieira, Wasylyk, Watson, Winfield.

NAYS -0.

Representatives Cicilline, C. Levesque and DeSimone discuss the act as amended.

Representative Hetherington requests to vote in sections, 1914-7 and 1914-25.

The Honorable Speaker rules it is divisible.

Representatives Fox, Lopes, Bramley and Costantino discuss the act as amended.

Representative DeSimone request to vote in sections, 1914-24.

The Honorable Speaker rules it is divisible.

Section 1914-7 prevails, on a roll call vote, 44 members voting in the affirmative and 25 members voting in the negative as follows:

YEAS - 44: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Almeida, Anderson, M., Anderson, S., Barr, Benoit, Benson, Carter, Coderre, Coelho, Corvese, Costantino, Dennigan, Faria, Farrell, Flaherty, Fox, Giannini, Henseler, Jacquard, Kelso, Kennedy, Kilmartin, Lally, Lopes, Martineau, Menard, Montanaro, Mumford, Naughton, Falangio, Falumbo, Fires, Reilly, San Bento, Schadone, Scott, Sherlock, Slater, Sullivan, Vieira, Winfield.

NAYS - 25: Representatives Ajello, Amaral, Bramley, Callahan, Cambio, Carroll, Cicilline, DeSimone, Fleury, Gorham, Hetherington, Hogan, Lanzi, Levesque, C., Levesque, G., Lima, Long, Maher, Fisaturo, Rabideau, Rose, Savage, Smith, Thompson, Watson.

Section 1914-25 prevails, on a roll call vote, 53 members voting in the affirmative and 18 members voting in the negative as follows:

YEAS 53: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Almeida, Anderson, M., Anderson, S., Barr, Benoit, Benson, Cambio, Carter, Coderre, Coelho, Corvese, Costantino, Dennigan, Faria, Farrell, Flaherty, Fleury, Fox, Garvey, Giannini, Henseler, Hetherington, Hogan, Jacquard, Kelso, Kennedy, Kilmartin, Lally, Lanzi, Levesque, C., Lopes, Maher, Martineau, Menard, Montanaro, Mumford, Naughton, Falangio, Falumbo, Fires, Reilly, San Bento, Schadone, Scott, Shavers, Sherlock, Slater, Sullivan, Vieira, Winfield.

NAYS - 18: Representatives Ajello, Amaral, Bramley, Callahan, Carroll, Cicilline, DeSimone, Gorham, Levesque, G., Lima, Long, Fisaturo, Rabideau, Rose, Savage, Smith, Thompson, Watson.

Section 1914-24 prevails, on a roll call vote, 47 members voting in the affirmative and 21 members voting in the negative as follows:

YEAS - 47: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Almeida, Anderson, M., Anderson, S., Barr, Benoit, Benson, Carter, Coderre, Coelho, Corvese, Dennigan, Faria, Farrell, Flaherty, Fox, Garvey, Giannini, Henseler, Hetherington, Hogan, Jacquard, Kelso, Kennedy, Kilmartin, Lally, Lanzi, Maher, Martineau, Menard, Montanaro, Naughton, Falangio, Falumbo, Fires, Reilly, San Bento, Schadone, Scott, Shavers, Sherlock, Slater, Sullivan, Vieira, Winfield.

NAYS - 21: Representatives Ajello, Amaral, Bramley, Callahan, Cambio, Carroll, Cicilline, lDeSimone, Fleury, Gorham, Levesque, C., Levesque, G., Lima, Long, Fisaturo, Rabideau, Rose, Savage, Smith, Thompson, Watson.

25. (99-H 6571) An Act relating to indebtedness of towns and cities.

Committee on Corporations recommends passage.

Read and passed, on motion of Representative Kennedy, seconded by Representatives Martineau, Reilly and Slater, on a roll call vote, 71 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 71: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Callahan, Cambio, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, DeSimone, Faria, Farrell, Flaherty, Fleury, Fox, Garvey, Giannini, Gorham, Henseler, Hetherington, Hogan, Jacquard, Kelso, Kennedy, Kilmartin, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lopes, Maher, Martineau, Menard, Montanaro, Mumford, Munschy, Naughton, Falangio, Falumbo, Fires, Fisaturo, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Sherlock, Smith, Sullivan, Thompson, Vieira, Watson, Williams, Winfield.

NAYS -0.

26. (99-H6569) An Act relating to school committees and superintendents.

Committee on Corporations recommends passage.

Representative Kennedy moves passage of the act, seconded by Representative Benoit.

Representatives C. Levesque and Benoit discuss the act.

Read and passed, 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, Benson, Bramley, Callahan, Cambio, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garvey, Giannini, Gorham, Henseler, Hetherington, Hogan, Jacquard, Kelso, Kennedy, Kilmartin, Lally, Lanzi, Levesque, C., Levesque, G., Lima, Long, Lopes, Maher, Martineau, Menard, Mumford, Munschy, Naughton, Falangio, Falumbo, Fires, Fisaturo, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shavers, Sherlock, Slater, Smith, Sullivan, Thompson, Vieira, Wasylyk, Watson, Winfield.

NAYS -0.

27. (99-S623) (Substitute "A") An Act relating to businesses and professions - landscape architects.

Committee on Corporations recommends passage in concurrence.

Representative Kennedy moves passage of the act, seconded by Representatives Coderre, Reilly and Martineau.

By unanimous consent, Representative C. Levesque, seconded by Representative Rabideau, offers the following written motion to amend:

FLOOR AMENDMENT

TO



(99-S 623) (Substitute "A")


Mr. Speaker:

I hereby move to amend (99-S 623) (Substitute "A") entitled "AN ACT RELATING TO BUSINESSES AND PROFESSIONS LANDSCAPE ARCHITECTS" as follows:

(1) On page 7, line 23, by striking all of the language after the word "shall", and all of the language on lines 24 through 30, inclusive, and substituting therefor the following language:

upon determination thereof by a court of competent jurisdiction, (1) be subject to a civil penalty of one thousand dollars ($1,000) for the first offense, and a civil penalty of two thousand dollars ($2,000) for each subsequent offense; and (2) in the court's discretion and upon good cause shown, reimburse the board for any and all fees, expenses, and costs incurred by the board in connection with such proceedings, including attorneys fees (which amounts shall be deposited as general revenues); and (3) be subject to, in the board's discretion, public censure or reprimand."

Respectfully submitted,

CHARLES J. LEVESQUE
Representative, District 93

Representatives Kennedy, Rabideau and Bramley discuss the amendment.

The motion to amend is read and prevails on a roll call vote, 42 members voting in the affirmative and 28 members voting in the negative as follows:

YEAS - 42: Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Benoit, Bramley, Callahan, Cambio, Carroll, Cicilline, Costantino, I)ennigan, DeSimone, Gorham, Hetherington, Hogan, Kilmartin, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Maher, Montanaro, Mumford, Falumbo, Fisaturo, Rabideau, Rose, Savage, Scott, Shavers, Sherlock, Smith, Sullivan, Thompson, Vieira, Wasylyk, Watson.

NAYS - 28: The Honorable Speaker Harwood and Representatives Anderson, S., Barr, Carter, Coderre, Coelho, Corvese, Faria, Farrell, Flaherty, Fox, Garvey, Henseler, Jacquard, Kelso, Kennedy, Lally, Lopes, Martineau, Menard, Naughton, Falangio, Fires, Reilly, San Bento, Schadone, Slater, Winfield.

The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, on a roll call vote, 69 members voting in the af'irmative and 0 members voting in the negative as follows:

YEAS - 69: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Alnieida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Bramley, Callahan, Cambio, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Dennigan, DeSimone, Faria, Farrell, Flaherty, Fox, Garvey, Gorham, Henseler, Hetherington, Hogan, Jacquard, Kelso, Kennedy, Kilmartin, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Maher, Martineau, Menard, Montanaro, Mumford, Munschy, Naughton, Falangio, Falumbo, Ficard, Fisaturo, Rabideau, Reilly, Rose, Savage, Schadone, Scott, Shavers, Sherlock, Slater, Smith, Sullivan, Thompson, Vieira, Wasylyk, Watson, Williams, Winfield.

NAYS -0.

28. (99-S675 as amended) An Act relating to businesses and professions engineers.

Committee on Corporations recommends passage in concurrence.

Representative Kennedy moves passage of the act, seconded by Representatives Martineau, Lally and Slater.

By unanimous consent, Representative C. Levesque, seconded by Representative G. Levesque, offers a written motion to amend.

Representative C. Levesque withdraws his amendment.

Read and passed, as amended, in concurrence, on a roll call vote, 74 members voting in the affirmative and 1 member 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, Bramley, Callahan, Cambio, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, DeSimone, Faria, Farrell, Flaherty, Fleury, Fox, Garvey, Ginaitt, Gorham, Henseler, Hetherington, Hogan, Inman, Jacquard, Kelso, Kennedy, Kilmartin, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lopes, Maher, Martineau, Menard, Montanaro, Mumford, Munschy, Naughton, Falangio, Falumbo, Fires, Fisaturo, Rabideau, Reilly, Rose, Savage, San Bento, Schadone, Scott, Shavers, Sherlock, Slater, Smith, Sullivan, Thompson, Vieira, Wasylyk, Williams, Winfield.

NAYS - 1: Representative Watson.

Representative Martineau requests leave of the House to take up (99-H 6503) item 5 on the Calendar for Thursday, Junne 24, 1999, next.

There is no objection.

5. (99-H6503) An Act relating to alcoholic beverages- retail licenses.

Committee on Corporations recommends passage.

Read and passed, on motion of Representative Martineau, seconded by Representatives Hen seler, Shavers, G. Levesque, Callahan, Kennedy and Long, on a roll call vote, 63 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 63: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Bramley, Callahan, Cambio, Carpenter, Carroll, Carter, Coderre, Corvese, Dennigan, DeSimone, Faria, Farrell, Flaherty, Fleury, Fox, Garvey, Giannini, Gorham, Henseler, Hetherington, Hogan, Kennedy, Kilmartin, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lopes, Maher, Martineau, Menard, Montanaro, Mumford, Falumbo, Fires, Fisaturo, Rabideau, Reilly, Rose, San Bento, Schadone, Scott, Shavers, Sherlock, Smith, Sullivan, Thompson, Vieira, Wasylyk, Williams.

NAYS -0.

Representative Shavers requests (99-H 6503) be transmitted to the Honorable Senate.

There is no objection.

TRANSMITTAL



By unanimous consent, (99-H 6503) on the Clerk's desk is ordered to be transmitted to the Honorable Senate forthwith.

TRANSMITTAL



Representative Costantino requests (99-H 6603) be transmitted to the Honorable Senate.

There is no objection.

HOLD ON THE DESK


Representative Wasylyk requests to hold (99-H 6602) on the desk.

There is no objection.

ANNOUNCEMENTS


Representative Sherlock announces that the Committee on Finance will meet tomorrow at 1:00 o'clock P.M. in Room 35 of the State House.

Also:

Majority Leader Martineau announces that the session will reconvene at regular time tomorrow at 4:00 o'clock P.M.

Also:

Majority Leader Martineau announces that the Committee on Judiciary will meet today at the rise of the House in Room 205 of the State House.

DESK HELD OPEN


Majority Leader Martineau announces that the desk will be held open in order to receive Committee Reports.

There is no objection.

Majority Leader Martineau and Representative 5. Anderson discuss the Calendars for Wednesday and Thursday.

LEAVE OF THE HOUSE





Majority Leader Watson requests that items 13

(99-H 6091) and 14 (99-H 6093) be continued on the Calendar for Thursday, June 24, 1999.



There is no objection.

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 to the Honorable Secretary of State forthwith, with the exception of bills being held on the desk.

ADJOURNMENT


At 8:04 o'clock P.M. on motion of Representative Schadone, and as a further mark of respect to the memory of Rita C. OliveIIi, seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION


REPRESENTATIVE CAROL A. MUMFORD

In the words of the English essayist and poet, Alexander Pope, "Act well thy part: there all the honor lies."

Appendix



CONSENT CALENDAR




In order for Wednesday, June 23, 1999:

1. (99-H6112) An Act relating to animals and animal husbandry dogs.

Committee on Corporations recommends passage.

2. (99-H 6113) An Act relating to animals -collaring of dogs.

Committee on Corporations recommends passage.

LOUIS D'ANTUONO
Reading Clerk
Tuesday, June 22, 1999

Appendix



CALENDAR


In order for Wednesday, June 23, 1999:

1. (99-S 557) (Substitute "A") An Act relating to aeronautics- airport zoning.

Committee on Corporations recommends passage in concurrence.

2. (99-H5907 as amended) An Act relating to registration of vehicles. Joint Committee on Highway Safety recommends passage as amended.

3. (99-S911) An Act relating to registration of vehicles.

Committee on Special Legislation recommends passage in concurrence.

4. (99-S785 as amended) An Act relating to businesses and professions - pharmacy.

Committee on Health, Education and Welfare recommends passage in concurrence.

5. (99-S280) (Substitute "B" as amended) An Act relating to licensing of health care facilities.

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

6. (99-H6575) An Act relating to health and safety Rhode Island Resource Recovery Corporation.

Committee on Corporations recommends passage.

7. (99-H6576) An Act relating to highways.

Committee on Corporations recommends passage.

8. (99-H6046) An Act relating to unfair sales practices.

Committee on Corporations recommends passage.

9. (99-S622) (Substitute "A") An Act relating to insurance.

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

10. (99-H5769) (Substitute "A") An Act relating to public property and works state purchases.

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

11. (99-H6536) (Substitute "A") An Act relating to health and safety Department of Health.

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

12. (99-H6554) Joint Resolution creating a special legislative commission to study clearing clouds on titles and equity actions in Superior Court.

Committee on Finance recommends passage.

13. (99-S616) An Act relating to health care for children and pregnant women.

Committee on Finance recommends passage in concurrence.

14. (99-S663) (Substitute "A") An Act relating to the National Guard.

Committee on Finance recommends passage in concurrence.

15. (99-S752 as amended) An Act relating to state affairs and government.

Committee on Finance recommends passage in concurrence.

16. (99-S722) (Substitute "A") An Act relating to education the Rhode Island student investment initiative.

Committee on Finance recommends passage in concurrence.

17. (99-S593) (Substitute "A") An Act relating to Economic Development Corporation.

Committee on Finance recommends passage in concurrence.

18. (99-H5808) An Act relating to labor and labor relations.

Committee on Labor recommends passage.

19. (99-H6574) House Resolution creating a permanent House commission to study the sport of boxing.

Committee on Labor recommends passage.

20. (99-S803) An Act relating to labor and labor relations- fair employment practice.

Committee on Labor recommends passage in concurrence.

Appendix



CALENDAR


In order for Thursday, June 24, 1999:

1. (99-H 6091) An Act relating to education -student investment initiative.

Committee on Finance recommends passage.

2. (99-H6093) (Substitute "A") An Act relating to the Rhode Island Turnpike and Bridge Authority.

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

Appendix



CALENDAR


In order for Friday, June 25, 1999:

1. (99-H 5848) (Substitute "A") An Act relating to employment security - benefits.

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

2. (99-H6531) (Substitute "A") An Act relating to waters and navigation - Coastal Resources Management Council.

Joint Committee on Environment and Energy recommends indefinite postponement of the original bill and passage of Substitute "A".

3. (99-H5197) (Substitute "A") An Act relating to hazardous waste management.

Joint Committee on Environment and Energy recommends indefinite postponement of the original bill and passage of Substitute "A".

4. (99-H6205) (Substitute "A") An Act relating to health and safety.

Joint Committee on Environment and Energy recommends indefinite postponement of the original bill and passage of Substitute "A".

5. (99-H5511) An Act relating to importation of horses.

Joint Committee on Environment and Energy recommends passage.

6. (99-S 805) (Substitute "B,,) An Act relating to labor and labor relations - pipefitters and refrigeration technicians, fire protection sprinkler contractors and journey persons sprinkler fitters and oil heat contractors.

Committee on Labor recommends indefinite postponement of the original bill and the bill marked Substitute "A" and passage of Substitute B

7. (99-S608) (Substitute "A") An Act relating to professional services corporations act.

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

8. (99-S1045) An Act concerning tax relief for the elderly citizens of North Kingstown.

Committee on Corporations recommends passage in concurrence.

9. (99-S985 as amended) An Act relating to the Newport Public Library.

Committee on Corporations recommends passage.

10. (99-S1074) An Act authorizing the town of Barrington to finance the acquisition and protection of conservation and recreation open space lands in the town of Barrington and to issue not more than $1,000,000 bonds and notes therefor.

Committee on Corporations recommends passage.

11. (99-S1022) An Act relating to animals and animal husbandry- West Warwick.

Committee on Corporations recommends passage in concurrence.

12. (99-S987) An Act relating to alcoholic beverages.

Committee on Corporations recommends passage in concurrence.

13. (99-S 955 as amended) An Act relating to business corporations.

Committee on Corporations recommends passage in concurrence.

14. (99-S 910) An Act relating to health and safety licensing of health care facilities.

Committee on Corporations recommends passage in concurrence.

15. (99-S 929) An Act establishing the Smithfield Land Trust.

Committee on Corporations recommends passage in concurrence.

16. (99-S 901) An Act relating to property taxes - Burrillville.

Committee on Corporations recommends passage in concurrence.

17. (99-S900) An Act relating to taxation -property subject to taxation.

Committee on Corporations recommends passage in concurrence.

18. (99-S677) An Act relating to sale of automobiles - required equipment.

Committee on Corporations recommends passage in concurrence.

19. (99-S674) (Substitute "A" as amended) An Act relating to subdivision of land.

Committee on Corporations recommends passage in concurrence.

20. (99-S672) An Act relating to financial institutions.

Committee on Corporations recommends passage in concurrence.

21. (99-S562) (Substitute "A") An Act relating to insurance - insurance coverage for serious mental illness.

Committee on Corporations recommends passage in concurrence.

22. (99-S877) (Substitute "A" as amended) An Act relating to criminal injuries compensation.

Committee on Finance recommends passage in concurrence.

23. (99-S169) (Substitute "A") An Act relating to taxation.

Committee on Finance recommends passage in concurrence.

24. (992249) (Substitute "A") An Act relating to education requiring certain schools to institute a breakfast program.

Committee on Finance recommends passage in concurrence.

25. (99-S237) An Act relating to taxation -collection of taxes generally.

Committee on Finance recommends passage in concurrence.

26. (99-S255) An Act relating to state affairs and government- pharmaceutical assistance to the elderly.

Committee on Finance recommends passage in concurrence.

27. (99-S363) An Act relating to public corporations - financial estimates.

Committee on Finance recommends passage in concurrence.

28. (99-S364) (Substitute "B,,) An Act relating to State Investment Commission.

Committee on Finance recommends indefinite postponement of the original bill and the bill marked Substitute "A" and passage of Substitute B

29. (99-S410) An Act relating to pharmaceutical assistance to the elderly.

Committee on Finance recommends passage in concurrence.

30. (99-S415) An Act relating to property tax relief.

Committee on Finance recommends passage in concurrence.

31. (99-S432 as amended) An Act relating to towns and cities- police officers.

Committee on Finance recommends passage in concurrence.

32. (99-S476) (Substitute "A" as amended) An Act relating to human services.

Committee on Finance recommends passage in concurrence.

33. (99-S477) (Substitute "A") An Act relating to state affairs and government - distressed areas economic revitalization act.

Committee on Finance recommends passage in concurrence.

34. (99-S526) (Substitute "A") An Act relating to taxation- electronic funds transfer.

Committee on Finance recommends passage in concurrence.

35. (99-S529) An Act relating to public corporations debt management.

Committee on Finance recommends passage in concurrence.

36. (99-S578) An Act relating to deferred compensation plans.

Committee on Finance recommends passage in concurrence.

37. (99-S591) (Substitute "A" as amended) An Act relating to human services - medical assistance.

Committee on Finance recommends passage in concurrence.

38. (99-S592) (Substitute "A") An Act relating to state affairs and government - distressed areas - economic revitalization act.

Committee on Finance recommends passage in concurrence.

39. (99-S670) (Substitute "A") An Act relating to retirement system - contributions and benefits.

Committee on Finance recommends passage in concurrence.

40. (99-S738) An Act relating to state affairs and government- Governor's Commission on Disability.

Committee on Finance recommends passage in concurrence.

41. (99-S918) An Act relating to health care.

Committee on Finance recommends passage in concurrence.

42. (99-S920) (Substitute "A") An Act relating to health and safety - public access defibrillation.

Committee on Finance recommends passage in concurrence.

43. (99-S642) (Substitute "A") An Act relating to indictments, informations and complaints.

Committee on Judiciary recommends passage in concurrence.

44. (99-S638) (Substitute "A") An Act relating to elections.

Committee on Judiciary recommends passage in concurrence.

45. (99-S690) An Act relating to domestic relations - divorce and separation.

Committee on Judiciary recommends passage in concurrence.

46. (99-S746 as amended) An Act relating to domestic relations- divorce and separation.

Committee on Judiciary recommends passage in concurrence.

47. (99-S861) (Substitute "A") An Act relating to courts and civil procedure - levy and sale on execution.

Committee on Judiciary recommends passage in concurrence.

48. (99-S636) An Act relating to elections.

Committee on Judiciary recommends passage in concurrence.

49. (99-S335) An Act relating to domestic relations.

Committee on Judiciary recommends passage in concurrence.

50. (99-S685) (Substitute "A") An Act relating to access to confidential records.

Committee on Judiciary recommends passage in concurrence.

LOUIS D'ANTUONO
Reading Clerk
Tuesday, June 22, 1999



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