The House of Representatives meets at the State House in Providence, Wednesday, April 14, 1999, and is called to order at 4:21 o'clock P.M., by the Honorable John B. Harwood, Speaker.

The roll is called and a quorum is declared present with 93 members present and 6 members absent as follows:

PRESENT - 93: The Honorable Speaker Harwood and Representatives Aiken, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Burlingame, Callahan, Canibjo, Carpenter, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Gorham, Heffner, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kelley, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Millard, Montanaro, Moura, Mumford, Munschy, Murphy, Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Quick, Rabideau, Reilly, Rose, Russo, San Bento, Schadone, Scott, Shavers, Sherlock, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Wasylyk, Watson, Williams, Winfield.

ABSENT - 6: Representatives Abdullah-Odiase, Ajello, Carroll, Ginaitt, Voccola, Williamson.

INVOCATION

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

(For Invocation, see Appendix, this Journal.)

ANNOUNCEMENTS

Representative Ajello will be unable to attend session today, April 14, 1999, due to illness.

Also:

Representative Abdullah-Odiase will be unable to attend session today, April 14, 1999.

REPORTS OF COMMITTEES

TRANSFER OF BILLS

Representative Faria, for the Committee on Labor, reports back the following measures, with recommendation of transfer to the Committee on Finance:

(99-H 5401) An Act relating to labor and labor relations - arbitration of labor controversies.

Received and referred to the Committee on Finance.

(99-H 5784) An Act relating to labor and labor relations.

Received and referred to the Committee on Finance.

(99-H 5779) An Act relating to weights and measures - duties of the Director of Labor and Training.

Received and referred to the Committee on Finance.

(99-H 5191) An Act relating to automobile body repair shops.

Received and referred to the Committee on Finance.

(99-H 5226) An Act relating to labor and labor relations - arbitration of school teacher disputes.

Received and referred to the Committee on Finance.

(99-H 5848) An Act relating to employment security - benefits.

Received and referred to the Committee on Finance.

(99-H 5663) An Act relating to the arbitration of labor controversies.

Received and referred to the Committee on Finance.

(99-H 5664) An Act relating to labor and labor relations - arbitration.

Received and referred to the Committee on Finance.

(99-H 5648) An Act relating to labor and labor relations.

Received and referred to the Committee on Finance.

(99-H 5666) An Act relating to state affairs and government - law enforcement officers' bill of rights.

Received and referred to the Committee on Finance.

(99-H 6172) An Act relating to holidays and days of special observance - work on holidays and Sundays.

Received and referred to the Committee on Finance.

(99-H 6118) An Act relating to electricians.

Received and referred to the Committee on Finance.

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

(99-H 6070) (Substitute "A") An Act relating to health and safety - State Building Code.

Received and referred to the Committee on Finance.

(99-H 5987) (Substitute "A") An Act relating to public utilities carriers - public transit authority.

Received and referred to the Committee on Finance.

(99-H 5645) An Act relating to the elderly.

Received and referred to the Committee on Finance.

COMMITTEE ON LABOR

Representative Faria, for the Committee on Labor, reports back the following measures, with recommendation of passage: (99-H 6071) (Substitute "A") An Act relating to health and safety -State Building Code.

Received and ordered to be placed on the Calendar.

(99-H 5322) (Substitute "A" as amended) An Act relating to mimimum wages..

Received and ordered to be placed on the Calendar.

(99-H 6195)  An Act relating to businesses and professions - plumbers.

Received and ordered to be placed on the Calendar.

(99-H 6072) (Substitute "A") An Act relating to the State Building Code - Building Code Standards Committee.

Received and ordered to be placed on the Calendar.

(99-H 5842) (Substitute "A") An Act relating to employment security - general provisions.

Received and ordered to be placed on the Calendar.

(99-H 5849) House Resolution creating a special House commission to study the Temporary Disability Insurance (T.D.I.) Program to develop an alternative system for the distribution of the tax burden.

Received and ordered to be placed on the Calendar.

(99-H 5910) An Act relating to elevators.

Received and ordered to be placed on the Calendar.

(99-H 5810) An Act relating to employment security.

Received and ordered to be placed on the Calendar.

(99-H 5781) An Act relating to labor and labor relations - employment security.

Received and ordered to be placed on the Calendar.

(99-H 5778) An Act relating to labor and labor relations - apprenticeship programs in trade and industry.

Received and ordered to be placed on the Calendar.

(99-H 6141) An Act relating to businesses and professions - electricians.

Received and ordered to be placed on the Calendar.

(99-H 6273) An Act relating to businesses and professions - electricians.

Received and ordered to be placed on the Calendar.

(99-H 5820) An Act relating to health and safety - licensing of health care facilities.

Received and ordered to be placed on the Calendar.

(99-H 6140) An Act relating to businesses and professions - electricians.

Received and ordered to be placed on the Calendar.

(99-H 5808) An Act relating to labor and labor relations.

Received and ordered to be placed on the Calendar.

(99-H 5364 as amended) An A~ relating to labor and labor relations - the Rhode Island whistleblowers act.

(99-H 5819) An Act relating to licensing of health care facilities.

Received and ordered to be placed on the Calendar.

(99-H 5742) An Act relating to employment security - waiting period.

Received and ordered to be placed on the Calendar.

(99-H 5385) An Act relating to labor and labor relations - equal opportunity and affirmative action.

Received and ordered to be placed on the Calendar.

(99-H 5270) (Substitute "A" as amended) An Act relating to labor and labor relations - parental and family medical leave.

Received and ordered to be placed on the Calendar.

COMMITTEE ON HEALTH, EDUCATION AND WELFARE

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

(99-H 5900) (Substitute "A") An Act relating to athletic trainers. Received and ordered to be placed on the Calendar.

(99-H 6122) An Act relating to health and safety - licensing of health care facilities. Received and ordered to be placed on the Calendar. Received and ordered to be placed on the Calendar.

(99-H 5812) (Substitute "A") An Act relating to health and safety - residential care facility licensing act. Received and ordered to be placed on the Calendar.

(99-H 5547) (Substitute "A") An Act relating to independent living services and center. Received and ordered to be placed on the Calendar.

(99-H 5761) An Act relating to health and safety - Department of Health. Received and ordered to be placed on the Calendar.

(99-H 5437 as amended) An Act relating to alcoholic beverages. Received and ordered to be placed on the Calendar.

(99-H 5294) (Substitute "A") An Act relating to businesses and professions. Received and ordered to be placed on the Calendar.

(99-H 5815) (Substitute "A" as amended) An Act relating to health care accessibility - assurance. Received and ordered to be placed on the Calendar.

(99-H 5362) (Substitute "A") An Act relating to health and safety - tattooing. Received and ordered to be placed on the Calendar.

(99-H 5954) (Substitute "A") An Act relating to access to confidential records. Received and ordered to be placed on the Calendar.

COMMITTEE ON CORPORATIONS

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

(99-H 6248) House Resolution creating a special legislative commission to study ergonomics and the feasibility of implementing ergonomics' regulations in the state of Rhode Island. Received and ordered to be placed on the Calendar.

(99-H 5780) An Act relating to the Rhode Island Economic Development Corporation. Received and ordered to be placed on the Calendar.

(99-H 5452) (Substitute "A") An Act relating to valuation of farm, forest and open space land. Received and ordered to be placed on the Calendar.

(99-H 6040) An Act relating to businesses and professions - automobile body repair shops. Received and ordered to be placed on the Calendar.

(99-H 5714) An Act relating to public utilities and carriers - public transit authority. Received and ordered to be placed on the Calendar.

(99-S 874) An Act reinstating and restoring forfeited or revoked corporate charters. Received and ordered to be placed on the Consent Calendar.

(99-S 855) An Act to vacate the forfeiture or revocation of the charter of Lewis Hearing Aid Center, Inc. Received and ordered to be placed on the Consent Calendar.

NOTICES OF BILL/RESOLUTION INTRODUCTION

Representatives Fox and Moura give notice that on the next legislative day, they will introduce a measure concerning Rhode Island Emergency Management Agency.

This notice is given in compliance with House Rule 42.

GORDON FOX
Representative, District 5

PAUL E. MOURA
Representative, District 2

Received and ordered to be placed on file.

Representative Watson gives notice that on the next legislative day, he will introduce a measure concerning Capital Center District.

This notice is given in compliance with House Rule 42.

ROBERT A. WATSON
Representative, District 43

Received and ordered to be placed on file.

Representative Quick gives notice that on the next legislative day, she will introduce a measure concerning alcoholic beverages - licenses. This notice is given in compliance with House Rule 42.

JOAN B. QUICK
Representative, District 94

Received and ordered to be placed on file.

Representative M. Anderson gives notice that on the next legislative day, she will introduce a measure concerning voting districts and officials.

This notice is given in compliance with House Rule 42.

MABEL M. ANDERSON
Representative, District 77

Received and ordered to be placed on file.

NEW BUSINESS

Representative Martineau introduces (99-H 6388) An Act to vacate the forfeiture or revocation of the charter of Interior Creations, Inc. Read and referred to the Committee on Corporations.

Representatives Costantino, Sherlock, Dennigan, Fox and George introduce (99-H 6389) An Act relating to state affairs and government. Read and referred to the Committee on Finance.

Representatives M. Anderson, San Bento, Vieira, Cicilline and Dennigan introduce (99-H 6390) An Act relating to taxation - levy and assessment of local taxes.

Read and referred to the Committee on Corporations.

Representative Slater introduces (99-H 6391) Joint Resolution making an appropriation of $1,977.80 to pay the claim of Nationwide Mutual Insurance Company, 1013 Reservoir Avenue, Cranston, Rhode Island as subrogee of Andrew Delicio of 215 Villa Avenue, North Providence, Rhode Island 02904.

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

Representatives Faria, Moura and Pires introduce (99-H 6392) House Resolution creating a special House commission to study the auto body business. Read and referred to the Committee on Finance.

Representatives Kilmartin, Coderre, San Bento and Vieira introduce (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.

Read and referred to the Committee on Corporations.

Representatives Kilmartin, Coderre, San Bento and Vieira introduce (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.

Read and referred to the Committee on Corporations.

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

Read and referred to the Committee on Corporations.

Representatives Kilmartin, M. Anderson, Coderre, San Bento and Vieira introduce (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.

Read and referred to the Committee on Corporations.

Representatives Kilmartin, M. Anderson and Coderre introduce (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.

Read and referred to the Committee on Corporations.

1. (99-H 6069) An Act relating to human services - medical assistance.

Committee on Health, Education and Welfare recommends passage.

Representative Benoit moves passage of the act, seconded by Representatives Coderre, Benson, Picard, Lopes, Henseler, Shavers and Garabedian. Representative George discusses the act.

Read and passed, on a roll call vote, 74 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 74: The Honorable Speaker Harwood and Representatives Aiken, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Burlingame, Cambio, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Dennigan, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Gorham, Henseler, Hogan, Inman, Iwuc, Kelley, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Long, Lopes, Lowe, Maher, Malik, Martineau, Menard, Millard, Montanaro, Moura, Mumford, Munschy, Naughton, Palangio, Palumbo, Picard, Pisaturo, Quick, Rabideau, Reilly, Rose, Schadone, Scott, Shavers, Simonian, Slater, Sullivan, Thompson, Wasylyk, Williams.

NAYS -O. Representatives Menard, Reilly, Iwuc and Farrell introduce (by request) (99-H 6398) An Act relating to health and safety - Rhode Island tobacco settlement education fund. Read and referred to the Committee on Finance. Representative Menard introduces (99-H 6399) An Act relating to businesses and professions -telecommunications. Read and referred to the Committee on Finance.

CALENDAR

From the Calendar are taken:

2. (99-H 5632) House Resolution creating a special House commission to study extending the school year. Committee on Health, Education and Welfare recommends passage.

Read and passed, on motion of Representative Benoit, seconded by Representatives Cambio, Pires, Benson, Cicilline, M. Anderson and Kelley, on a roll call vote, 78 members voting in the affirmative and 1 member voting in the negative as follows:

YEAS - 78: The Honorable Speaker Harwood and Representatives Aiken, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Bramley, Burlingame, Callahan, Cambio, Carpenter, Carter, Coderre, Corvese, Costantino, Dennigan, Faria, Ferguson, Fleury, Fox, Garvey, George, Giannini, Gorham, Henseler, Hogan, Inman, Iwuc, Jacquard, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lopes, Lowe, Maher, M alik, Martineau, McNamara, Menard, Millard, Montanaro, Moura, Mumford, Munschy, Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Quick, Rabideau, Reilly, Rose, Russo, Schadone, Scott, Shavers, Sherlock, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Wasylyk, Watson, Williams. Rose, Russo, Schad~ne, Scott, Shavers, Sherlock, Simonian, Slater, Sullivan, i'hompson, Vieira, Wasylyk, Watson, Williams.

NAYS -O.

NAYS - 1: Representative Garabedian.

REQUEST

Representative Cicilline requests the Journal to reflect that he would have voted on (99-H 5632), and he would have voted in the affirmative, if his machine had not malfunctioned.

CALENDAR

3. (99-H 5805) (Substitute "A" as amended) An Act relating to state affairs and government -housing resources. Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A" as amended. Representative Benoit moves passage of the act, seconded by Representatives Cambio, Coderre, George and Kelley. Representative Garabedian discusses the act. 4. (99-H 5806) An Act relating to health and safety - Long Term Care Coordinating Council. Committee on Health, Education and Welfare recommends passage.

Read and passed, on motion of Representative Benoit, seconded by Representatives Cicilline and Garabedian, on a roll call vote, 76 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 76: The Honorable Speaker Harwood and Representatives Aiken, Almeida, Amaral, Anderson, M., Anderson, S., Benoit, Benson, Bramley, Burlingame, Cambio, Carpenter, Carter, Cicilline, Coderre, Corvese, Costantino, Crowley, Dennigan, Farrell, Fleury, Fox, Garvey, George, Giannini, Gorham, Henseler, Hetherington, Hogan, mm an, Iwuc, Jacquard, Kelley, Kelso, Kennedy, Kilmartin, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lopes, Lowe, Maher, Martineau, McNamara, Menard, Millard, Montanaro, Moura, Mumford, Munschy, Naughton, Palangio, Palumbo, Picard, Pisaturo, Quick, Rabideau, Reilly, Rose, Russo, Schadone, Shavers, Sherlock, Simonian, Slater, Sullivan, Thompson, Vieira, Wasylyk, Watson, Williams.

NAYS -0.

The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, on a roll call vote, 84 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 84: The Honorable Speaker Harwood and Representatives Aiken, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Burlingame, Callahan, Cambio, Carpenter, Carter, Cicilline, Coderre, Corvese, Costantino, Crowley, Dennigan, Faria, Farrell, Ferguson, Flahei-ty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Gorh am, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kelley, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lopes, Lowe, Maher, Martineau, McNamara, Menard, Millard, Montanaro, Moura, Mumford, Munschy, Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Quick, Rabideau, Reilly.

(99-H 5441) Joint Resolution creating a special legislative commission on fair reapportionment in the state of Rhode Island. Committee on Judiciary recommends passage. Representative Flaherty moves passage of the act, seconded by Representatives Lopes, Farrell, Russo, Pisaturo, Williams, Moura, Carpenter and Shavers.

Representatives Garabedian and Montanaro discuss the act.

Read, and by unanimous consent, ordered to be placed on the bottom of the next page as item number 13A. 6. (99-H 5404) An Act relating to weapons.

Committee on Judiciary recommends passage.

Read and passed, on motion of Representative Flaherty, seconded by Representatives Martineau, Palumbo, Russo, Rabideau, McNamara and Sullivan, on a roll call vote, 79 members voting in the affirmative and 4 members voting in the negative as follows:

YEAS - 79: The Honorable Speaker Harwood and Representatives Aiken, Almeida, Amaral, Anderson, S., Burlingame, Callahan, Cambio, Carpenter, Carter, Coderre, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Gorham, Heffner, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kelley, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lopes, Lowe, Maher, Malik, Martineau, McNamara, Menard, Millard, Montanaro, Moura, Mumford, Munschy, Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Quick, Rabideau, Reilly, Rose, Russo, Schadone, Scott, Shavers, Sherlock, Simonian, Slater, Sullivan, Thompson, Vieira, Williams.

NAYS - 4: Representatives Anderson, M., Benoit, Cicilline, Watson. 7. (99-H 5399) An Act relating to education -criminal records review. Committee on Judiciary recommends passage. Representative McNamara moves passage of the act, seconded by Representatives Shavers, Sullivan, Russo, Garvey, Ferguson, Amaral and Hogan. Representative Pisaturo discusses the act. By unanimous consent, Representative C. Levesque, seconded by Representative Maher, offers the following written motion to amend:

FLOOR AMENDMENT TO

(99-H 5399)

Mr. Speaker:

I hereby move to amend (99-H 5399) entitled "AN ACT RELATING TO EDUCATION -CRIMINAL RECORDS REVIEW" as follows:

On page 1, lines 4 and 5, reinstate the deleted language: ", if that employment involves the exercise of supervisory or disciplinary power over children or routine contact without the presence of other employees,"

On page 1, line 12, reinstate the deleted word "not".

Respectfully submitted,

CHARLES J. LEVESQUE

Representative, District 93

Representatives C. Levesque, Bramley, M. Anderson, Watson and Flaherty discuss the amendment.

The motion to amend fails on a roll call vote, 30 members voting in the affirmative and 52 members voting in the negative as follows:

YEAS - 30: Representatives Almeida, Anderson, S., Benoit, Bramley, Burlingame, Callahan, Cicilline, Costantino, Dennigan, DeSimone, Fox, Hetherington, Kelley, Levesque, C., Levesque, G., Lima, Lowe, Maher, Picard, Pires, Pisaturo, Rabideau, Scott, Slater, Smith, Sullivan, Vieira, Wasylyk, Watson, Williams.

NAYS - 52: The Honorable Speaker Harwood and Representatives Aiken, Amaral, Anderson, M., Benson, Cambio, Carpenter, Carter, Coderre, Corvese, Crowley, Faria, Farrell, Ferguson, Flaherty, Fleury, Garabedian, Garvey, George, Giannini, Heffner, Henseler, Hogan, Inman, Iwuc, Jacquard, Kelso, Kilmartin, Knickle, Lally, Lanzi, Lewiss, Long, Lopes, Martineau, McNamara, Menard, Millard, Montanaro, Moura, Mumford, Munschy, Naughton, Palangio, Quick, Rose, Russo, Schadone, Shavers, Sherlock, Simonian, Thompson. Representatives Rabideau, Giannini, Burlingame, Cicilline, Jacquard, Lima, McNamara, Costantino and Benson discuss the act.

Read, and by unanimous consent, ordered to be placed on the bottom of the Calendar as item number 42. On suggestion of Majority Leader Martineau, and by unanimous consent, the Calendar for today is continued to Thursday, April 15, 1999.

CONSENT CALENDAR

From the Consent Calendar is taken:

1. (99-H 6292) An Act reinstating and restoring forfeited or revoked corporate charters. Committee on Corporations recommends passage.

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

TRANSMITTAL

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

ADJOURNMENT

At 4:54 o'clock P.M. on motion of Representative Martineau, seconded by Representative Quick, the House adjourns, on a voice vote.

LINDA McELROY

Recording Clerk

Appendix

INVOCATION

REPRESENTATIVE BRIAN PATRICK KENNEDY

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

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