SENATE JOURNALS - Thursday, April 27, 2000

State of Rhode Island and Providence Plantations

Journal of the Senate
JANUARY SESSION of the General Assembly begun and held at the State House in the City of Providence on Tuesday, the fourth day of January in the year of Our Lord two thousand.

Volume 127, No. 38 Thursday, April 27, 2000 Thirty-eighth Day

The Senate meets pursuant to adjournment and is called to order by the Honorable John C. Revens, Acting President Pro Tempore,, at 4:44 o'clock P.M.

The roll is called and a quorum is declared present with 48 Senators present and 2 Senators absent as follows:

PRESENT - 48: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Kells, Kelly, lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

ABSENT - 2: Senators Badeau, Izzo.

INVOCATION

The Honorable Acting President Pro Tempore, by unanimous consent, presents Senator Cicilline, to deliver the invocation.

(See Appendix for Invocation)

PLEDGE OF ALLEGIANCE TO THE FLAG

The Honorable Acting President Pro Tempore, by unanimous consent, presents Senator Cicilline, to lead the Senate in the pledge of allegiance to the flag.

APPROVAL OF RECORD

The Senate Journal of Wednesday, April 26, 2000 proceedings is read in part.

Upon suggestion of Senator Kelly and by unanimous consent, further reading of the Journal is dispensed with and the Journal approved as recorded.

GUESTS

Upon suggestion of Senator Patterson, and by unanimous consent, the Honorable Acting President Pro Tempore, welcomes to the Chamber Hiroki Sugita, Correspondent, Washington Office for the Kyodo News Bureau of Japan.

Upon suggestion of Senator Damiani, and by unanimous consent, the Honorable Acting President Pro Tempore, welcomes to the Chamber Lt. Col. Marjorie J. Kocpa, Connecticut State Police.

Upon suggestion of Senator Algiere, and by unanimous consent, the Honorable Acting President Pro Tempore, welcomes to the Chamber Samantha Martone, daughter of Cheryl Martone, an aide in the Senate Minority Leader's Office.

NEW BUSINESS

The following item s are received and referred to committee pending any objection of the body on the ne::t legislative day. (

Senators Izzo, Roberts and Cicilline present (00-S 2937) Senate Resolution proclaiming the month of May as Foster Parent Appreciation Month.

Senator Roberts requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted,

Upon motion of Senator Roberts, seconded by the entire Senate, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.

Senators Raptakis, Walton, Connors, Damiani, Lenihan, Graziano and others present (00-S 2938) An Act relating to education curriculum.

Read and referred to the Committee on Health, Education and Welfare.

Senators Flynn, Breene and Blais present (00-S 2939) An Act relating to registration of motor vehicles.

Read and referred to the Committee on Special Legislation.

Senator Tocco presents (00-S 2940) An Act relating to taxation - Gateways to Change, Inc.

Read and referred to the Committee on Corporations.

Senators Paiva Weed, Kelly, Patterson and Goodwin present (00-S 2941) An Act relating to motor and other vehicles - miscellaneous rules,

Read and referred to the Committee on Judiciary.

Senators Kelly and Algiere present (00-S 2942) Senate Resolution extending congratulations.

Senator Kelly requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator Kelly, seconded by Senator Algiere, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.

Senators Kelly and Algiere present (00-S 2943) Senate Resolution extending condolences.

Senator Kelly requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator Kelly, seconded by Senator Algiere, and by unanimous consent, read and passed, under suspension of the rules, upon a rising vote.

CONSENT CALENDAR

In order for the day is taken up as follows:

Upon motion of Senator Felag, seconded by Senator McCaffrey, the following measure on today's Consent Calendar, by unanimous consent, is read and passed upon a voice vote:

1.(00-S 2933) An Act to vacate the forfeiture or revocation of the charter of Central Fire Company, Number 1.

NOW PRESIDING

The Honorable Acting President Pro Tempore yields the rostrum to His Honor, the Lieutenant Governor, Charles J. Fogarty, at 4:54 o'clock P.M.

CALENDAR

In order for the day is taken up as follows:

1.(00-S 2265) An Act relating to civil rights.

Committee on Health, Education and Welfare recommends passage.

Senator Cicilline moves passage, seconded by Senators Coderre, Walton, Oster and others.

The act is read and passed, by unanimous consent, upon a roll call vote with 44 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 44: Senators Algiere, Bates, Blais, Breene, Ca~rio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Kells, Kelly, Lenihan, McCaffrey, McDonald, Oster, Paiva Weed, Parella, Patterson, Perry, RaptaKis, Revens, Roberts, Roney, Ruggerio, Sasso, SosnowsKi, Tocco, Walaska, Walsh, Walton.

NAYS -O.

3.(00-S 2531) An Act relating to public property and works- acquisition of land.

Committee on Judiciary recommends passage.

Senator Breene moves passage, seconded by Senator Blais.

The act is read and passed, by unanimous consent, upon a roll call vote with 44 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 44: Senators Algiere, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Kells, Kelly, Lenihan, McCaffrey, McDonald, Oster, Paiva Weed, Parella, Perry, RaptaKis, Revens, Roberts, Roney, Ruggerio, Sasso, SosnowsKi, Tocco, Walaska, Walsh, Walton.

NAYS -O.

8.(00-S 2763) An Act relating to education -Board of Governors for Higher Education.

Committee on Judiciary recommends passage.

Senator Coderre moves passage, seconded by Senators Lenihan and Tocco.

The act is read and passed, by unanimous consent, upon a roll call vote with 42 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 42: Senators Algiere, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Kells, Kelly, Lenihan, McCaffrey, McDonald, Oster, Paiva Weed, Parella, Patterson, RaptaKis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -O.

9.(00-S 2804) An Act relating to domestic relations - divorce and separation.

Committee on Judiciary recommends passage.

Senator Paiva Weed moves passage, seconded by Senators Goodwin, Perry, Celona, Roberts, Roney and others.

The act is read and passed, by unanimous consent, upon a roll call vote with 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 46: Senators Algiere, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Kells, Kelly, Lenihan, McCaffrey, McDonald, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, SosnowsKi, Tocco, Walaska, Walsh, Walton.

NAYS -O.

4.(00-S 2623) (Substitute "A") An Act relating to waters and navigation.

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

Senator Sosnowski moves passage, seconded by Senators Roberts, Felag and Damiani.

Senator Sosnowski, seconded by Senator Roberts, offers an oral motion to amend.

The motion to amend prevails upon a roll call vote with 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 45: Senators Algiere, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Kells, Kelly, Lenihan McCaffrey, McDonald, Oster, Paiva Weed, Parella, Patterson, Perry, RaptaKis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -O.

Upon motion of Senator Sosnowski, seconded by Senator Roberts, the bill marked Substitute "A', is read and passed, as amended, and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 45: Senators Al~ere, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Kells, Kelly, Lenihan, McCaffrey, McDonald, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -O.

12.(00-S 2434 as amended) An Act relating to tree wardens. Ordered on the Calendar.

Upon suggestion of Senator Irons, and without objection, ordered to be placed on the Calendar for Tuesday, May 2, 2000.

13.(00-S 2339) An Act relating to real estate brokers and sales persons.

Committee on Corporations recommends passage.

Upon suggestion of Senator Blais, and without objection, ordered to be placed on the Calendar for Wednesday, May 3, 2000.

14.(00-S 2742) An Act relating to insurance.

Committee on Corporations recommends passage.

Senator Irons moves passage, seconded by Senators Cote, Damiani and Tocco.

The act is read and passed, by unanimous consent, upon a roll call vote with 43 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS 43: Senators Algiere, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Kells, Kelly, Lenihan, McCaffrey, McDonald, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -O.

15.(00-S 2363) An Act relating to the General Assembly - Joint Committee on Naming New Buildings.

Joint Committee on Naming State Constructions recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Thursday, May 4, 2000.

21.(00-S 2198) (Substitute "A") An Act relating to health and safety - child day care centers.

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

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Wednesday, May 3, 2000.

22. (00-S 2298) (Substitute "A") An Act relating to education- student identification numbers.

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

Senator Cicilline moves passage, seconded by Senators Walton, Coderre, Connors, Ruggerio, Oster, Paiva Weed and others.

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 46 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 46: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -O.

25.(00-S 2877 as amended) An Act relating to health and safety- refuse disposal.

Committee on Corporations recommends passage as amended.

Senator Irons moves passage, seconded by Senator Enos.

The act is read and passed, as amended, by unanimous consent, upon a roll call vote with 46 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 46: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, SosnowsKi, Tocco, Walaska, Walsh, Walton.

NAYS -O.

Upon suggestion of Senator Enos, and without objection, the remainder of the Calendar is deferred to Tuesday, May 2, 2000.

ANNOUNCEMENT

Senator Paiva Weed announces that the Committee on Judiciary will meet today at the rise of the Senate in Room 313 of the State House.

TRANSMITTAL

By unanimous consent, all matters on the Clerk's desk are ordered to be transmitted to His Excellency, the Governor or to the Honorable House of Representatives forthwith.

ADJOURNMENT

Upon motion of Senator Enos, seconded by Senator Algiere, the Senate adjourns at 5:12 o'clock P.M.

RAYMOND T. HOYAS, JR.
Clerk of the Senate

Appendix

INVOCATION

SENATOR J. CLEMENT CICILLINE

Dear Lord, as we begin another day of deliberations in the Senate Chamber, guard our thoughts, control our speech, and guide our actions. Inspire us with a sense of good will towards all our fellow Rhode Islanders. den.

Appendix

CALENDAR

In order for Tuesday, May 2, 2000:

1.(00-S 2552) (Substitute "A" as amended) An Act relating to motor and other vehicles -miscellaneous rules.

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

2.(00-S 2626 as amended) An Act relating to interest and usury.

Committee on Corporations recommends passage as amended.

3.(00-S 2633) An Act relating to courts and civil procedure- levy and sale on execution.

Committee on Judiciary recommends passage.

4.(00-S 2693) (Substitute "A" as amended) An Act relating to businesses and professions - the healing art of acupuncture.

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

5.(00-S 2770) (Substitute "A") An Act relating to indictments, informations and complaints.

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

6.(00-S 2035) (Substitute "A") An Act relating to commercial law - gift certificate.

Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A". 7.

(00-S 2434 as amended) An Act relating to tree wardens.

Ordered on the Calendar.

8.(00-S 2692 as amended) An Act relating to businesses and professions - the healing art of acupuncture.

Committee on Corporations recommends passage as amended.

9.(00-S 2789) An Act relating to towns and cities - health and educational building corporation.

Committee on Corporations recommends passage.

10.(2000-H 6731) An Act relating to taxation.

Committee on Corporations recommends passage in concurrence.

11.(00-S 2139) (Substitute "A" as amended) An Act relating to education.

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

12. (00-S 2190) (Substitute "A") Senate Resolution proposing that the State of Rhode Island officially adopt the striped bass as its state fish.

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

13.(00-S 2835) (Substitute "A" as amended) An Act relating to businesses and professions -physician assistants.

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

14.(00-S 2216) (Substitute "A") An Act relating to motor vehicles.

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

15.(00-S 2879 as amended) An Act relating to refuse disposal licenses.

Committee on Corporations recommends passage as amended.

16.(00-S 2527) An Act relating to health care.

Committee on Corporations recommends passage.

17.(00-S 2305) (Substitute "A") An Act relating to chiropractors. Committee Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".

18.(00-S 2632) (Substitute "A" as amended) An Act relating to financial institutions.

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

19.(00-S 2721) (Substitute "A") An Act relating to the domestic violence prevention act.

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

20.(00-S 2049) (Substitute "A") An Act relating to the Quonset Point/Davisville Management Corporation.

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

21.(00-S 2293) An Act relating to state funds.

Committee on Finance recommends passage.

22.(00-S 2346) (Substitute "A") An Act relating to public finance - post audit of accounts.

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

23.(00-S 2635) (Substitute "A") An Act relating to corporations, associations and partnerships.

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

24.(00-S 2636) An Act relating to lotteries -prize payments percentage.

Committee on Finance recommends passage.

25.(00-S 2806) (Substitute "A") An Act relating to motor and other vehicles - right-of-way of fire companies.

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

26.(00-S 2865) An Act relating to state purchases.

Committee on Finance recommends passage.

Appendix

CALENDAR

In order for Wednesday, May 3, 2000:

1. (00-S 2339) An Act relating to real estate brokers and sales persons.

Committee on Corporations recommends passage.

2.(00-S 2198) (Substitute "A") An Act relating to health and safety - child day care centers.

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

Appendix

CALENDAR

In order for Thursday, May 4, 2000:

1. (00-S 2363) An Act relating to the General Assembly - Joint Committee on Naming New Buildings. Joint Committee on Naming State Constructions recommends passage.

2.(00-S 2042) An Act relating to renaming the Newport Airpark. Joint Committee on Naming State Constructions recommends passage.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Thursday, April 27, 2000

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