SENATE JOURNALS - Thursday, May 4, 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. 41 Thursday, May 4, 2000 Forty-first Day

To commemorate the 100th Anniversary of the last May meeting of the Rhode Island General Assembly at the Colony House in the City of Newport, the Senate is convened at the Colony House, formerly a Rhode Island State House and the 4th oldest State House still standing in the United States, and meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Charles J. Fogarty, at 4:05 o'clock P.M. in a historic session that is being held concurrently with the House of Representatives.

The roll is called and a quorum is declared present with 44 Senators present and 6 Senators absent as follows:

SENATORS PRESENT

Newport J Clement Cicilline
Newport M.Teresa Paiva Weed
Providence Frank T. Caprio
Providence Maryellen Goodwin
Providence Catherine E.Graziano
Providence David V. Igliozzi
Providence Robert T. Kells
Providence Rhoda E.Perry
Providence John M. Roney
Providence Dominic J. Ruggerio
Warwick Michael J. McCaffrey
Warwick William A. Walaska
Westerly Dennis L. Algiere
South Kingstown V. Susan Sosnowski
East Greenwich J Michael Lenihan
Smithfield Michael J. Flynn
Glocester Paul W. Fogarty
Charlestown Donna Walsh
West Greenwich Kevin Breene
Coventry Let) R. Blais
Coventry Leonidas P. Raptakis
Middletown June N. Gibbs
Bristol Mary A. Parella
Tiverton William Enos
Warren Walter S. Felag, Jr.
Cumberland Daniel P. Connors
Cranston Hanna M. Gallo
Cranston Thomas J. Izzo
Cranston Elizabeth H. Roberts
Cranston Eleanor C. Sasso
Johnston William P. Tocco, Jr.
North Providence John A. Celona
North Providence Joseph A. Montalbano
Barrington David E. Bates
East Providence Michael J. Damiani
East Providence Daniel DaPonte
East Providence William V. Irons
Pawtucket Thomas R. Coderre
Woonsocket Marc A Cote
North Smithfield Paul S. Kelly
Lincoln Jonathan F. Oster
Central Falls Daniel J. Issa
West Warwick Stephen D. Alves
Narragansett Patrick T. McDonald

SENATORS ABSENT

Providence Charles D. Walton
Warwick James S. Donelan
Warwick John C. Revens
North Kingstown John Patterson
Pawtucket John F. McBurney, III
Woonsocket Roger R. Badeau

INVOCATION

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

(See Appendix for Invocation)

PLEDGE OF ALLEGIANCE TO THE FLAG

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

APPROVAL OF RECORD

The Senate Journal of Wednesday, May 3, 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.

REMARKS BY SENATE MAJORITY LEADER

Senator Kelly, by unanimous consent, introduces the following remarks that he delivered on the Colony House steps prior to the start of today's historic session.

Without objection, the remarks are entered into the record.

Today we commemorate the on-hundredth anniversary of the last year the General Assembly met in the City of Newport. We mark an important day in Rhode Island history by convening the General Assembly session here at the Old Colony House in Newport. Until May of 1900. the General Assembly met in both Providence and Newport, to recognize the fact that our state was formed as a coalition of local communities. We were granted our charter as a way to bind Providence, Newport, Warwick and Portsmouth in one legal entity. Rhode Islanders' traditional fierce independence is often displayed in our pride for our local communities, and state government recognized the importance of localities by meeting in different cities throughout the year. By 1900, the Assembly had stopped meeting in other towns, and was only in session in Providence and Newport. But while 1900 marked the year we stopped calling Newport a capitol, it by no means marked an end to Newport's influence in Rhode Island history and culture.

Newport has always played a critical role in our state's history. Besides serving as a state capitol, the city has stood as a leader in industry and tourism for centuries. Newport's character, charm, and traditions can be discovered here in this grand old building, at the seaport, and on Bellevue Avenue. I am proud as Senate Majority leader to lead this Senate back in history today, on Rhode Island Independence Day, to celebrate the contributions Newport has made to our history and our culture.

I want to thank everyone who has worked hard to make today possible, including officials at the Providence Convention Center, who provided us with the necessary ramps to bring us up to code, so that we can legally meet here today. My Chief of Staff, Joe Brady, a Newporter himself, deserves a lot of credit for organizing this day. And I of course want to thank our Senate hosts, Senator Paiva Weed and Senator Cicilline. Thank you for welcoming us to your city.

GUESTS

By unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber historian and author Dr. Patrick T. Conley.

Dr. Conley addresses the body regarding the state's history of having multiple state houses and other important events in Rhode Island's history.

Upon suggestion of Senator Paiva Weed, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the Honorable Richard C. Sadella, Mayor of the city of Newport.

Mayor Sadella addresses the body and delivers the greetings of the city of Newport.

By unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Daniel Snydacker, Executive Director of the Newport Historical Society.

Mr. Snydacker addresses the body and delivers remarks outlining the history of the Colony House.

COMMEMORATION OF SPECIAL POSTMARK

To commemorate the anniversary of the last meeting of the General Assembly in Newport 100 years ago, the Newport Post Office unveils a special postmark in honor of this historic occasion. Copies of the postmark are distributed to all members and members attach their signatures to a larger version of the cancellation stamp to attest their participation in this ceremony.

NEW BUSINESS

Senators Algiere, Kelly, Enos, Coderre and Blais present (00-S 2951) Senate Resolution congratulating the Washington Trust Company on its 200th Birthday Celebration.

Senator Algiere requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator Algiere, 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 2363) An Act relating to the General Assembly Joint Committee on Naming New Buildings. Joint Committee on Naming State Constructions recommends passage.

Senator Sasso moves passage, seconded by Senators Kelly, Enos, Coderre, Algiere, Cicilline, Gallo, Izzo, Sosnowski, Roney, Tocco, Oster and many others.

The act is read and passed, by unanimous consent, upon a voice vote.

2.(00-S 2042) An Act relating to renaming the Newport Airpark.

Joint Committee on Naming State Constructions recommends passage.

Senator Gibbs moves passage, seconded by Senator Paiva Weed.

Senator Gibbs, seconded by Senator Paiva Weed, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(00-S 2042)

Mr. President:

I hereby move to amend (00-S 2042) by adding the following language after the word "Airpark" on line 3 of page 1:

and the Newport State Airport".

Respectfully submitted,

JUNE N. GIBBS
Senator, District 48

The motion to amend prevails upon a voice vote.

Upon motion of Senator Gibbs, seconded by Senator Paiva Weed, read and passed, as amended, by unanimous consent, upon a voice vote.

3.(2000-H 8189) Joint Resolution honoring David B. Offer.

Ordered on the Calendar.

Senator Cicilline moves passage, seconded by Senators Paiva Weed and Gibbs.

The resolution is read and passed, in concurrence, by unanimous consent, upon a voice vote.

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.

GUESTS

Upon suggestion of Senator Paiva Weed, and by unanimous consent His Honor, the Lieutenant Governor, welcomes to the Chamber many members of Col. Robert Wood's family.

Upon suggestion of Senator Cicilline, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the Honorable Paul Gaines, former Mayor of the city of Newport.

Upon suggestion of Senator Cicilline, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the Honorable Robert McKenna, former Mayor of the city of Newport.

Upon suggestion of Senator Gibbs, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the Honorable George Andrade, President of the Middletown Town Council.

ADJOURNMENT

Upon motion of Senator Kelly, seconded by Senator Algiere, and upon suggestion of Senator Gibbs, the Senate adjourns at 5:20 o'clock P.M., on a unanimous rising vote, as a further mark of respect to the memory of the hundreds of men and women who have served in the General Assembly since the inception of Rhode Island. Their dedication and commitment to public service has insured that Rhode Island, "A Lively Experiment", continues to flourish into a new millennium.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
JOHN S. BAXTER, JR.
Reading Clerk

JOSEPH TUTSCH
Deputy Clerk

Appendix

OPENING PRAYER

MAY 4, 2000

OLD COLONY HOUSE
NEWPORT, RHODE ISLAND
OFFERED BY
THE HONORABLE M. TERESA PAIVA WEED

Almighty, on this anniversary of the renunciation by the General Assembly of allegiance to Great Britain, give us the strength and the clearness of purpose to be guided by the principle on which our State was organized, Soul Liberty, and keep us vigilantly mindful of the blessings of freedom. Instill in us now an abiding appreciation that this city by the sea was a haven from persecution, especially for Quakers and Jews during the colonial era. No one stated the principle of liberty better than our Nation's first President, George Washington, Addressing Touro Synagogue, he wrote;

"All [Citizens of the United States] possess alike liberty of conscience and immunities of citizenship.. For happily the Government of the United States, which gives to bigotry no sanction, to persecution no assistance requires only that they who live lived under its protection should demean themselves as good citizens, in giving it on all occasions their effectual support."

Also, to the General Assembly, President Washington wrote as he concluded his term in office;

"With out the beneficient [sic] interposition of the Supreme Ruler of the Universe we could not have reached the distinguished situation which we have attained with such unprecedented rapidity. To him, therefore, should we bow with gratitude and reverence, and endeavor to merit a continuance of his special favors."

Appendix

CONSENT CALENDAR

In order for Tuesday, May 9, 2000:

1. Reappointment of Daniel W. Varin of Providence (Public Member) to the Water Resources Board for a term expiring March 1, 2003.

Committee on Judiciary recommends that the Senate give its Advice and Consent to this reappointment.

2. Reappointment of Jeanne LaFazia, Esquire of Little Compton to the Commission on Judicial Tenure and Discipline for a term expiring April 1, 2003.

Committee on Judiciary recommends that the Senate give its Advice and Consent to this reappointment.

3. Reappointment of Joaquin Gomes of Pawtucket to the Commission for Human Rights for a term expiring July 1, 2004.

Committee on Judiciary recommends that the Senate give its Advice and Consent to this reappointment.

4. Appointment of Martha J. Sheridan of Kingston VICE Rosendo Evora Brito to the Rhode Island State Council on the Arts for a term expiring March 1, 2003.

Committee on Judiciary recommends that the Senate give its Advice and Consent to this appointment.

5. Reappointment of Robert A. Antignano of Cranston to the Rhode Island Economic Development Corporation for a term expiring February 1, 2004.

Committee on Judiciary recommends that the Senate give its Advice and Consent to this reappointment.

6. Reappointment of Robert Zuba of Central Falls (Representing municipal electrical inspectors) to the Board of Examination and Licensing of Telecommunication Systems Contractors, Technicians, and Installers for a term expiring August 1, 2006.

Committee on Judiciary recommends that the Senate give its Advice and Consent to this reappointment.

7. Reappointment of Rose Weaver of Providence to the Rhode Island State Council on the Arts for a term expiring March 1, 2003.

Committee on Judiciary recommends that the Senate give its Advice and Consent to this reappointment.

8. Reappointment of Sheldon Sollosy of Cranston to the Rhode Island Public Telecommunications Authority for a term expiring January 31, 2003.

Committee on Judiciary recommends that the Senate give its Advice and Consent to this reappointment.

9.(00-S 2912) An Act relating to cities and towns.

Committee on Corporations recommends passage.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Thursday, May 4, 2000

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

Committee on Corporations recommends passage.

3.(2000-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.(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".

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 Rock 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.

30.(00-S 2210) (Substitute "A") An Act relating to children, youth and families department.

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

31. (00-S 2432) (Substitute "A") An Act relating to waters and navigation - coastal and estuary habitat restoration program and trust fund.

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

32.(00-S 2550) An Act relating to duties of utilities and carriers.

Committee on Corporations recommends passage.

33.(00-S 2559) An Act relating to motor and other vehicles- motor vehicle offenses.

Committee on Judiciary recommends passage.

34.(00-S 2575) (Substitute "A"- An Act relating to children.

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

35.(00-S 2700 as amended) An Act relating to elections - elective meeting.

Committee on Judiciary recommends passage as amended.

36.(00-S 2941) An Act relating to motor and other vehicles- miscellaneous rules.

Committee on Judiciary recommends passage.

38.(2000-H 7727) An Act relating to motor vehicle repair businesses in Pawtucket.

Committee on Corporations recommends passage in concurrence.

39.(2000-H 8063) An Act relating to levy and assessment of local taxes.

Committee on Corporations recommends passage 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 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 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.

3.(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.

4.(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".

5.(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
Thursday, May 4, 2000

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