SENATE JOURNALS - Tuesday, May 2, 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. 39 Tuesday, May 2, 2000 Thirty-ninth Day

The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Charles J. Fogarty, at 4:10 o'clock P.M.

The roll is called and a quorum is declared present with 49 Senators present and 1 Senator absent as follows: Present 49.. Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh.

ABSENT - I: Senator Walton.

INVOCATION

His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Gallo, to deliver the invocation.

(See Appendix for Invocation)

PLEDGE OF ALLEGIANCE TO THE FLAG

His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Gallo, to lead the Senate in the pledge of allegiance to the flag.

APPROVAL OF RECORD

The Senate Journal of Thursday, April 27, 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 Senators Coderre and Issa, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber members of the Rotary International Group Study Exchange from India, H.R. Umesh Aradhya, Rajesh Nayak, Geetha Shah, Dr. Shyam Appanna and Joyce Nancy Saldhana.

APPOINTMENT BY THE GOVERNOR

His Honor, the Lieutenant Governor, presents the following communication from His Excellency, the Governor, transmitting the following appointment and requesting the advice and consent of the Senate thereto: STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE

Lincoln Almond
Governor

May 2, 2000

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 4&232 of the Rhode Island General Laws, I have made the following reappointment to the Coastal Resources Management Council:

Pamela Pogue of East Greenwich

Public Member for a term expiring January 31,2003.

To this appointment, I respectfully request your advice and consent.

Sincerely,

LINCOLN ALMOND
Governor

Read and referred to the Committee on Judiciary.

COMMUNICATION FROM THE GOVERNOR

His Honor, the Lieutenant Governor, presents the following communication from His Excellency, the Governor:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE
Lincoln Almond -
Governor

May 2, 2000

To the Honorable, the Senate:

I am hereby withdrawing the February 9, 2000 appointment of John St. Sauveur to the Rhode Island Resource Recovery Corporation.

Sincerely,

LINCOLN ALMOND
Governor

Read and referred to the Committee on Judiciary.

APPROVED BY THE GOVERNOR

His Honor, the Lieutenant Governor, presents an announcement of the receipt by the Secretary of State of the following measure, signed and approved April 27, 2000, by His Excellency, the Governor:

(00-S 2876) An Act relating to solemnization of manages.

JAMES R. LANGEVIN
Secretary of State

Received and ordered to be placed on file.

REPORTS OF COMMITTEES

COMMITTEE ON CORPORATIONS

Senator Irons, from the Committee on Corporations, reports back, with recommendation of passage of the following measures:

(00-S 2886) An Act authorizing the town of South Kingstown to finance the renovation and expansion of buildings and parking facilities at the town hall and to issue not more than $1,000,000 bonds therefor.

Read and ordered to be placed on the Calendar.

(00-S 2887) An Act authorizing the town of South Kingstown to finance the development and construction of multi-use playfields, bikeways and park facilities on property located off Broad Rock Road and to issue not more than $1,100,000 bonds therefor.

Read and ordered to be placed on the Calendar.

(00-S 2899) An Act authorizing the town of South Kingstown to finance the renovation and/ or replacement of the roof of the South Road School and to issue not more than $400,000 bonds therefor.

Read and ordered to be placed on the Calendar.

(00-S 2900) An Act authorizing the town of South Kingstown to finance the Acquisition of land for open space, recreation and agricultural purposes and to issue not more than $1,000,000 bonds therefor.

Read and ordered to be placed on the Calendar.

(00-S 2901) An Act authorizing the town of South Kingstown to finance public works capital improvement projects and to issue not more than $1,000,000 bonds therefor.

Read and ordered to be placed on the Calendar.

(00-S 2902) An Act authorizing the town of South Kingstown to finance the development and construction of multi-use playfields and park facilities on property located in Green Hill and to issue not more than $600,000 bonds therefor.

Read and ordered to be placed on the Calendar.

(00-S 2903) An Act relating to participation by employers of the Department of Public Works of the Town of Barrington who are members of United Steel Workers of America, AFL-CIO-CLC, Local 1484,_Bargaining Unit in the Municipal Employees Retirement System.

Read and ordered to be placed on the Calendar.

(00-S 2911) An Act relating to the motor vehicle reparations act - sunset provision.

Read and ordered to be placed on the Calendar.

(2000-H 6886) An Act relating to the Pascoag Fire District.

Read and ordered to be placed on the Consent Calendar.

(2000-H 6887) An Act relating to the Pascoag Fire District.

Read and ordered to be placed on the Consent Calendar.

(2000-H 7211) An Act relating to Valley Gas Company.

Read and ordered to be placed on the Calendar.

(00-S 2930) An Act relating to taxation -property tax classification and homestead exemption in the City of Woonsocket.

Senator Irons requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator Irons, seconded by Senator Enos, and by unanimous consent, read and passed, under suspension of the rules, 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, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens. Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh.

NAYS -0.

COMMITTEE ON JUDICIARY

Senator Paiva Weed, from the Committee on Judiciary, reports back, with recommendation of passage of the following measures:

(00-S 2063) (Substitute "A") An Act relating to property - residential landlord and tenant act.

Read and ordered to be placed on the Calendar.

(00-S 2255) (Substitute "A") An Act relating to regulation of business practices - consumer protection.

Read and ordered to be placed on the Calendar.

(00-S 2509) An Act relating to waters and navigation - Coastal Resources Management Council.

Read and ordered to be placed on the Calendar.

(00-S 2548) (Substitute "A") An Act relating to child custody.

Read and ordered to be placed on the Calendar.

(00-S 2557) (Substitute "A") An Act relating to criminal offenses- jails and prisons.

Read and ordered to be placed on the Calendar.

(00-S 2617) (Substitute A An Act relating to public property and works - contractors bonds.

Read and ordered to be placed on the Calendar.

(00-S 2645) An Act relating to public officers and employees.

Read and ordered to be placed on the Calendar.

(00-S 2813) An Act relating to divorce and separation.

Read and ordered to be placed on the Calendar.

(00-S 2881) An Act relating to criminal offenses -children.

Read and ordered to be placed on the Calendar.

Senator Paiva Weed, from the Committee on Judiciary, reports back with recommendation that the Advice and Consent of the Senate be given to the following:

Appointment of Stephen Medeiros of Coventry VICE Robert Gearing (resigned) to the Marine Fisheries Council for a term expiring April 1, 2002.

Senator Paiva Weed requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator Paiva Weed, seconded by Senator Enos, and by unanimous consent, the advice and consent of the Senate is given, under suspension of the rules, upon a roll call vote with 47 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 47: Senators Algiers, Alves, Badeau. Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Graziano, Igliozzi, Irons. Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh.

NAYS -0.

COMMITTEE ON SPECIAL LEGISLATION

Senator Goodwin, from the Committee on Special Legislation, reports back, with recommendation of passage of the following measures:

(00-S 2076) (Substitute "A") An Act relating to alcoholic beverages - regulation of sales.

Read and ordered to be placed on the Calendar.

(00-S 2412) (Substitute "A" as amended) An Act relating to animals and animal husbandry -cruelty to animals.

Read and ordered to be placed on the Calendar.

(00-S 2462) An Act relating to motor and other vehicles - registration of vehicles.

Read and ordered to be placed on the Calendar.

(00-S 2846) An Act relating to transportation of beverages.

Read and ordered to be placed on the Calendar.

(00-S 2842) Senate Resolution proclaiming May 6, 2000 as National Day of hearing testing throughout the State of Rhode Island.

Read and ordered to be placed on the Consent Calendar.

(00-S 2854) Joint Resolution creating a special legislative commission to study the concept of sustainability as it could be encouraged by state government.

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

Senator Lenihan, from the Committee on Finance, in accordance with Senate Rule 6.14, moves to transfer the following bill from the Committee on Finance to the Committee on Corporations:

(00-S 2402) An Act relating to distressed areas economic revitalization act.

Read and referred to the Committee on Corporations.

Senator Paiva Weed, from the Committee on Judiciary, in accordance with Senate Rule 6.14, moves to transfer the following bill from the Committee on Judiciary to the Committee on Corporations:

(00-S 2430) An Act relating to property -redemption, release and transfer of mortgages.

Read and referred to the Committee on Corporations.

FROM THE

HOUSE OF REPRESENTATIVES

A message from the House of Representatives transmits with announcement of passage:

(2000-H 7142) (Substitute "A") An Act relating to deceptive trade practices - appliances.

Read and referred to the Committee on Corporations.

Also:

(2000-H 7524) An Act relating to motor and other vehicles- transfer of vehicles.

Read and referred to the Committee on Corporations.

Also:

(2000-H 7651) (Substitute "A") An Act relating to state affairs and government.

Read and referred to the Committee on Corporations.

Also:

(2000-H 7694) (Substitute "A" as amended) An Act relating to state affairs and government -electronic signatures and records act.

Read and referred to the Committee on Corporations.

Also:

(2000-H 7761) An Act relating to insurance -bad faith refusal to pay.

Read and referred to the Committee on Corporations.

Also:

(2000-H 7823) (Substitute "A") An Act relating to corporations, associations and partnerships.

Read and referred to the Committee on Corporations.

Also:

(2000-H 6824) An Act relating to delinquent and dependent children - proceedings in Family Court.

Read and referred to the Committee on Judiciary.

Also:

(2000-H 6838) An Act relating to title to real estate- trusts.

Read and referred to the Committee on Judiciary.

(2000-H 7003) An Act relating to criminal offenses - false personation. -

Read and referred to the Committee on Judiciary.

Also:

(2000-H 7079) An Act relating to state affairs and government - gang violence prevention advisory committee.

Read and referred to the Committee on Judiciary.

Also:

(2000-H 7137) An Act relating to state affairs and government- sheriffs.

Read and referred to the Committee on Judiciary.

Also:

(2000-H 7344) (Substitute "A" as amended) An Act relating to commercial law - electronic commerce security act.

Read and referred to the Committee on Judiciary.

Also:

(2000-H 7372) (Substitute "A" as amended) An Act relating to suspension or revocation of licenses - violations.

Read and referred to the Committee on Judiciary.

Also:

(2000(H 7718) An Act relating to the domestic violence prevention act.

Read and referred to the Committee on Judiciary.

Also:

(2000-H 7750) (Substitute "A") An Act relating to termination of parental rights.

Read and referred to the Committee on Judiciary.

Also:

(2000-H 7861) An Act relating to criminal offenses - jails and prisons.

Read and referred to the Committee on Judiciary.

Also:

(2000-H 7912) An Act relating to criminal offenses - obstructing justice.

Read and referred to the Committee on Judiciary.

Also:

(2000-H 7927) An Act relating to elections -voting districts and officials.

Read and referred to the Committee on Judiciary.

Also:

(2000-H 8004) An Act relating to towns and cities - sergeants and constables.

Read and referred to the Committee on Judiciary.

Also:

(2000-H 7872 as amended) An Act relating to criminal offenses.

Read and referred to the Committee on Judiciary.

Also:

(2000-H 8189) Joint Resolution honoring David B.Offer.

Read and ordered to be placed on the Calendar. -

NEW BUSINESS -

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

Senators Kelly and Algiere present (00-S 2944) An Act to vacate the forfeiture or revocation of the charter of Ma Pa's, Inc.

Read and ordered to be placed on the Consent Calendar.

Senators Cote, Badeau and Kelly present (00-S 2945) Senate Resolution congratulating Joan R. Gahan as Quotarian of the Year.

Senator Cote requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senators Fogarty, Kelly, Breene, Flynn and Walaska present (00-S 2946) An Act establishing the Burrillville Land Trust.

Read and referred to the Committee on Corporations.

Senators Perry, Cicilline, Oster, McDonald, Patterson and others present (00-S 2947) Senate Resolution commemorating the victims of the holocaust.

Senator Perry requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

CALENDAR

In order for the day is taken up as follows:

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.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Thursday, May 11, 2000.

STATE OF RHODE ISlAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER

STATEMENT OF POTENTIAL CONFLICT

To the Honorable Senate:

I. Dennis L. Algiere, under oath depose and say:

1. I am a duly elected member of the Rhode Island Senate.

2. This statement is made in accord with Rhode Island General Law section ~14-6.

3. In my official capacity, I may be expected or required to vote or participate in the deliberations of bill (00-S 2626), now pending before the Senate or a committee thereof.

4. I request that I be excused from voting, deliberating or taKing action on the matter.

6. I do not desire to vote or deliberate because I have a conflict of interest as follows.

I am an employee of The Washington Trust Company.

6. This statement is true to the best of my knowledge.

DENNIS L. ALGIERE
Senator, District 26 Subscribed and sworn to before me this 2nd day of May, 2000.

JEFFREY A. LANPHEAR
Notary Public

Ordered to be placed on file.

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS SENATE CHAMBER

STATEMENT OF POTENTIAL CONFLICT

To the Honorable Senate:

I, Leo R. Blais, under oath depose and say:

1. I am a duly elected member of the Rhode Island Senate.

2. This statement is made in accord with Rhode Island General Law section 26-14~.

3. In my official capacity, I may be expected or required to vote or participate in the deliberations of bill (00-S 2626), now pending before the Senate or a committee thereof.

4. I request that I be excused from voting, deliberating or taKing action on the matter.

5. I do not desire to vote or deliberate because I have a conflict of interest as follows.

I am a director of the Coventry Credit Union.

6. This statement is true to the best of my knowledge. LEO R. BLAIS
Senator, District 21

Subscribed and sworn to before me this 2nd day of May, 2000.

JEFFREY A. LANPHEAR
Notary Public

Ordered to be placed on file.

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

Committee on Corporations recommends passage as amended.

Senator Irons moves passage, seconded by Senators Tocco and Igliozzi.

The act is read and passed, as amended, upon a roll call vote with 45 Senators voting in the affirmative, 1 Senator voting in the negative, and 3 Senators abstaining as follows:

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

NAYS - I: Senator Issa.

ABSTAINED - 3: Senators Algiere, Blais, Kelly.

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

Committee on Judiciary recommends passage.

Senator Roney moves passage, seconded by Senators McDonald and Cicilline.

The act is read and passed, by unanimous consent, upon a roll call vote with 47 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 47: Senators Algiere, Alves, Badeau, Bates, Blais. Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh.

NAYS -0.

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.

Upon suggestion of Senator Enos, -and without objection, ordered to be placed on the Calendar for Thursday, May 11, 2000.

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".

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

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".

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Thursday, May 11, 2000.

7.(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 9, 2000.

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.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Thursday, May 11, 2000.

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

Committee on Corporations recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, May 9, 2000.

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

Committee on Corporations recommends passage in concurrence.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, May 9, 2000.

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.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, May 9, 2000.

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".

Senator Walsh moves passage, seconded by Senators Tocco, Kelly, Sasso and others.

Senators Walaska, Damiani, Blais and Walsh discuss the act.

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, upon a roll call vote with 42 Senators voting in the affirmative and 2 Senators voting in the negative as follows:

YEAS - 42: Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Goodwin, Iglio~, Irons, Issa, Izzo, Kells, Kelly, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walsh.

NAYS - 2: Senators Blais, Graziano.

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.

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

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

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

Senator Irons moves passage, seconded by Senator Tocco.

The bill marked Substitute "A" is read and passed, 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 - 46: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walsh.

NAYS -0.

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

Committee on Corporations recommends passage as amended.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Wednesday, May 10, 2000.

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

Committee on Corporations recommends passage.

Upon suggestion of Senator Roberts, and without objection, ordered to be placed on the Calendar for Tuesday, May 9, 2000.

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".

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Wednesday, May 10, 2000.

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS SENATE CHAMBER

STATEMENT OF POTENTIAL CONFLICT

To the Honorable Senate:

I, Dennis L. Algiere, under oath depose and say:

1. I am a duly elected member of the Rhode Island Senate.

2. This statement is made in accord with Rhode Island General Law section 36-14~.

3. In my official capacity, I may be expected or required to vote or participate in the deliberations of bill (00-S 2632), now pending before the Senate or a committee thereof.

4. I request that I be excused from voting, deliberating or taking action on the matter.

5. I do not desire to vote or deliberate because I have a conflict of interest as follows.

I am an employee of The Washington Trust Company.

6. This statement is true to the best of my knowledge. DENNIS L. ALGIERE
Senator, District 26 Subscribed and sworn to before me this 25th day of April, 2000.

JEFFREY A. LANPHEAR
Notary Public

Ordered to be placed on file.

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.

Senator Irons moves passage, seconded by Senator Blais.

Senator Irons, seconded by Senator Blais, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(00-S 2632) (Substitute "A")

Mr. President:

I hereby move to amend (00-S 2632) (Substitute "A") entitled "AN ACT RELATING TO FINANCIAL INSTITUTIONS", as follows:

On page 3, subsection (c), following the word "request" at the end of the committee amendment, by inserting the words "in writing".

Respectfully submitted,

WILLIAM V. IRONS
Senator, District 39

The motion to amend prevails upon a roll call vote with 41 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 41: Senators Badeau, Bates, Blais, Breene, Caprio, Celona, Coderre, Connors, Cote, Damiani, DaPonte, Enos, Felag, Flynn, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Perry, Raptakis, Revens, Roberts, Ruggerio, Sasso, Sosnowski, Tocco,Walsh.

NAYS -0.

Senators Irons, Donelan, Montalbano and Graziano discuss the act.

Upon motion of Senator Irons, seconded by Senator Blais, the bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, upon a roll call vote with 39 Senators voting in the affIrmative, 2 Senators voting in the negative, and 2 Senators abstaining as follows:

YEAS - 39: Senators Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Enos, Felag, Flynn, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Kells, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Ruggerio, Sasso, Sosnowski, Tocco, Walsh.

NAYS - 2: Senators Alves, Donelan.

ABSTAINED - 2: Senators Algiere, Kelly.

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.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, May 9, 2000.

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 "A.

Upon suggestion of Senator Patterson, and without objection, ordered to be placed on the Calendar for Tuesday, May 9, 2000.

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

Committee on Finance recommends passage.

Senator Gallo moves passage, seconded by Senators Lenihan, Roberts and others.

Senator Lenihan, seconded by Senators Gallo, Cicilline and Roberts, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(00-S 2293)

Mr. President:

I hereby move to amend (00-S 2293) entitled "AN ACT RELATING TO STATE FUNDS", as follows:

1. On page 2, line 7, by inserting the words "until June 30, 2002" after the word "received"

2. On page 2, line 14, by inserting the sentence, "All funds deposited in the restricted receipt account established herein shall be disburse prior June 30, 2002."

Respectfully submitted,

J. MICHAEL LENIHAN
Senator, District 22

The motion to amend prevails 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, Badeau, Bates, Blais, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Iz~o, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walsh.

NAYS -0.

Upon motion of Senator Gallo, seconded by Senator Lenihan, 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 Algiers, Alves, Badeau, Bates, Blais, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walsh.

NAYS -0.

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

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

Senator Gibbs moves passage, seconded by Senator Lenihan.

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 47 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 47: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walsh.

NAYS -0.

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".

Senator Roney moves passage, seconded by Senators Lenihan and Roberts.

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, 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, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano,Paiva Weed, Parella, Patterson, Perry, Revens, Roberts, Roney, Sasso, Sosnowski, Tocco, Walsh.

NAYS -0.

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

Committee on Finance recommends passage.

Senator Goodwin moves passage, seconded by Senators Connors, Damiani and Bates.

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, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Paiva Weed, Parella, Perry, Revens, Roberts, Roney, Sasso, Sosnowski, Tocco, Walsh.

NAYS -0.

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".

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, May 9, 2000.

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

Committee on Finance recommends passage.

Upon suggestion of Senator Coderre, and without objection, ordered to be placed on the Calendar for Wednesday, May 3, 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 Kelly, seconded by Senator Algiere, and upon suggestion of Senator Perry, the Senate adjourns at 4:58 o'clock P.M., on a unanimous rising vote, as a further mark of respect to the memory of the 6 million Jews who perished in the Holocaust.

RAYMOND T. HOYAS, JR.
Clerk of the Senate

INVOCATION

SENATOR HANNA M. GALLO

Almighty God, we ask today that You help us to live wisely, to fight for Justice and Truth, and to always try to live up to the expectations of our constituents. Amen

CONSENT CALENDAR

In order for Wednesday, May 3, 2000:

1. (00-S 2842) Senate Resolution proclaiming May 6, 2000 as National Day of hearing testing throughout the State of Rhode Island.

Committee on Special Legislation recommends passage.

2. (00-S 2854) Joint Resolution creating a special legislative commission to study the concept of sustainability as it could be encouraged by state government.

Committee on Special Legislation recommends passage.

3.(00-S 2944) An Act to vacate the forfeiture or revocation of the charter of Ma Pa's, Inc. Ordered on the Consent Calendar.

4.(2000-H 6886) An Act relating to the Pascoag Fire District.

Committee on Corporations recommends passage in concurrence.

5.(2000-H 6887) An Act relating to the Pascoag Fire District.

Committee on Corporations recommends passage in concurrence.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Tuesday, May 2, 2000

CALENDAR

In order for Wednesday, May 3, 2000:

1.(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".

2.(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.

3.(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.

4.(00-S 2865) An Act relating to state purchases.

Committee on Finance recommends passage.

5.(00-S 2339) An Act relating to real estate brokers and sales persons.

Committee on Corporations recommends passage.

6.(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.

3.(2000-H 8189) Joint Resolution honoring David B. Offer. Ordered on the Calendar.

Appendix

CALENDAR

In order for Tuesday, May 9, 2000:

1. (00-S 2434 as amended) An Act relating to tree wardens. Ordered on the Calendar.

2. (0~S 2789) An Act relating to towns and cities - health and educational building corporation.

Committee on Corporations recommends passage.

3. (2~H 6731) An Act relating to taxation.

Committee on Corporations recommends passage in concurrence.

4.(00-S 2527) An Act relating to health care.

Committee on Corporations recommends passage.

5. (~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.

6.(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 "A.

7.(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".

8.(00-S 2063) (Substitute "A") An Act relating to property- residential landlord and tenant act.

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

9.(00-S 2076) (Substitute "A") An Act relating to alcoholic beverages - regulation of sales.

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

10.(00-S 2255) (Substitute "A") An Act relating to regulation of business practices -consumer protection.

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

11.(00-S 2412) (Substitute "A" as amended) An Act relating to animals and animal husbandry - cruelty to animals.

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

12.(00-S 2462) An Act relating to motor and other vehicles- registration of vehicles.

Committee on Special Legislation recommends -passage.

13.(00-S 2509) An Act relating to waters and navigation - Coastal Resources Management Council.

Committee on Judiciary recommends passage.

14.(00-S 2548) (Substitute "A") An Act relating to child custody.

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

15.(00-S 2557) (Substitute "A") An Act relating to criminal offenses - jails and prisons.

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

16.(00-S 2617) (Substitute "A") An Act relating to public property and works -contractors bonds.

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

17.(00-S 2645) An Act relating to public officers and employees.

Committee on Judiciary recommends passage.

18.(00-S 2813) An Act relating to divorce and separation.

Committee on Judiciary recommends passage.

19.(00-S 2846) An Act relating to transportation of beverages.

Committee on Special Legislation recommends passage.

20.(00-S 2881) An Act relating to criminal offenses - children.

Committee on Judiciary recommends passage. 21.

(00-S 2886) An Act authorizing the town of South Kingstown to finance the renovation and expansion of buildings and parking facilities at the town hall and to issue not more than $1,000,000 bonds therefor.

Committee on Corporations recommends passage.

22. (00-S 2887) An Act authorizing the town of South Kingstown to finance the development and construction of multi-use playfields, bikeways and park facilities on property located off Broad - ~k Road and to issue not more than $1,100,000 - bonds therefor.

Committee on Corporations recommends passage.

23. (00-S 2899) An Act authorizing the town of South Kingstown to finance the renovation and/or replacement of the roof of the South Road School and to issue not more than $400,000 bonds therefor.

Committee on Corporations recommends passage.

24. (00-S 2900) An Act authorizing the town of South Kingstown to finance the Acquisition of land for open space, recreation and agricultural purposes and to issue not more than $1,000,000 bonds therefor.

Committee on Corporations recommends passage.

25. (00-S 2901) An Act authorizing the town of South Kingstown to finance public works capital improvement projects and to issue not more than $1,000,000 bonds therefor.

Committee on Corporations recommends passage.

26. (00-S 2902) An Act authorizing the town of South Kingstown to finance the development and construction of multi-use playfields and park facilities on property located in Green Hill and to issue not more than $600,000 bonds therefor.

Committee on Corporations recommends passage.

27. (00-S 2903) An Act relating to participation by employers of the Department of Public Works of the Town of Barrington who are members of United Steel Workers of America, AFL-CIO-CLC, Local 14845, Bargaining Unit in the Municipal Employees' Retirement System.

Committee on Corporations recommends passage.

28.(00-S 2911) An Act relating to the motor vehicle reparations act - sunset provision.

Committee on Corporations recommends passage.

29.(2000-H 7211 as amended) An Act relating to Valley Gas Company.

Committee on Corporations recommends passage as amended in concurrence.

Appendix

CALENDAR

In order for Wednesday, May 10, 2000:

1. (00-S 2879 as amended) An Act relating to refuse disposal licenses.

Committee on Corporations recommends passage as amended.

2.(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".

Appendix

CALENDAR

In order for Thursday, May 11, 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 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.

3.(00-S 2035) (Substitute "A") An Act relating to commercial law - gig certificate.

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

4.(00-S 2692 as amended) An Act relating to businesses and professions - the healing art of acupuncture.

Committee on Corporations recommends passage as amended.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Tuesday, May 2, 2000

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

Thank you for stopping by!