SENATE JOURNALS - Thursday, May 25, 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. 50 Thursday, May 25, 2000 Fiftieth Day

The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Charles J. Fogarty, at 4:22 o'clock P.M.

The roll is called and a quorum is declared present with 47 Senators present and 3 Senators absent as follows:

PRESENT - 47: Senators Algiere, Badeau. Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, 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, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco. Walaska, Walsh, Walton.

ABSENT - 3.. Senators Alves, DaPonte, Perry.

INVOCATION

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

(See Appendix for Invocation)

PLEDGE OF ALLEGIANCE TO THE FLAG

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

APPROVAL OF RECORD

The Senate Journals of Tuesday, May 23, 2000 and Wednesday, May 24, 2000 proceedings are read in part.

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

FROM THE
HOUSE OF REPRESENTATIVES

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

(2000-H 7057) An Act relating to public drinking water supply. Read and ordered to be placed on the Desk.

Also:

(2000-H 7237) An Act relating to alcoholic beverages retail licenses.

Read and referred to the Committee on Special Legislation.

Also:

(2000-H 7433) An Act relating to professional service corporations.

Read and referred to the Committee on Corporations.

Also:

(2000-H 7519) (Substitute "A" as amended) An Act relating to state affairs and government housing and mortgage finance corporation.

Read and referred to the Committee on Corporations.

Also:

(2000-H 7535) (Substitute "A" as amended) An Act relating to criminal offenses - impersonation - identity fraud.

Read and referred to the Committee on Judiciary.

Also:

(2000-H 7864) An Act relating to water and navigation. Read and ordered to be placed on the Desk.

Also:

(2000-H 7870) An Act relating to wafers and navigation - Big River Reservoir. Read and ordered to be held on the Desk.

Also:

(2000-H 8062) An Act relating to human services - rights to public facilities.

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

Also: (2000-H 8066) An Act relating to health and safety - board of certification of operators of public water supply facilities.

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

REPORTS OF COMMITTEES
COMMITTEE ON HEALTH, EDUCATION AND WELFARE

Senator Izzo, from the Committee on Health, Education and Welfare, reports back, with recommendation of passage of the following measures:

(00-S 2354) (Substitute "A") Senate Resolution creating a special Senate commission to study interpreters in health care facilities.

Read and ordered to be placed on the Consent Calendar.

(00-S 2935) Joint Resolution creating a special legislative commission to develop a long term plan to ensure an adequate pool of certified nursing assistants.

Read and ordered to be placed on the Consent Calendar.

(00-S 2979) An Act relating to health and safety.

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

Senator Irons, from the Committee on Corporations, in accordance with Senate Rule 6.14, moves to transfer the following bill from the Committee on Corporations to the Committee on Special Legislation:

(00-S 2965) An Act relating to alcoholic beverages - regulation of sales - town of Narragansett.

Read and referred to the Committee on Special Legislation.

NEW BUSINESS

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

Senators Fogarty, Breene, Flynn and Connors present (00-S 2986) An Act authorizing the town of Glocester to finance the development, construction, reconstruction, resurfacing and rehabilitation of roads, highways, and bridges in the town, including the construction of a salt/sand storage facility by the issuance of not more than $3,000,000 bonds and/or notes therefor.

Read and referred to the Committee on Corporations.

Senators Fogarty, Kelly, Connors, Kells and Flynn present (00-S 2987) An Act exempting from taxation the real, mixed and personal property of the Burrillville Glocester Youth Soccer Association, Inc.

Read and referred to the Committee on Corporations.

Senators Paiva Weed and Gibbs present (00-S 2988) An Act relating to the town of Middletown Juvenile Hearing Board.

Read and referred to the Committee on Judiciary.

Senators Roney and Paiva Weed present (00-S 2989) An Act relating to criminal procedure -public defender.

Read and referred to the Committee on Judiciary. is

Senator Roney presents (00-S 2990) An Act relating to taxation- tax sales.

Read and referred to the Committee on Judiciary.

CONSENT CALENDAR

In order for the day is taken up as follows:

Upon motion of Senator Kelly, seconded by Senator Algiere, the following measures on today's Consent Calendar, by unanimous consent, are read and passed upon a voice vote:

1.(00-S 2956) An Act amending the city charter of the city of Newport to hold local elections in even-numbered years.

2.(2000-H 7072) An Act relating to the towns of Foster and Glocester - regional juvenile hearing board.

3.(2000-H 7173) An Act relating to taxation.

CALENDAR

In order for the day is taken up as follows:

1. Appointment of Edward P. Sowa of Lincoln VICE Judge William G. Gilroy as Judge of the Rhode Island Workers' Compensation Court.

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

Senator Paiva Weed, seconded by Senators Kelly, Coderre, Felag, Irons, McBurney, Enos, Caprio, Bates, Celona, Raptakis, Badeau and many others, moves that confirmation of the Senate be given this appointment.

By unanimous consent, the confirmation of the Senate is given this appointment, 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, Badeau, Bates, Blais, Breene, caprio, Celona, Coderre, Connors, Cote, Damiani, 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, RaptaKis, Revens, Roberts, Roney, Ruggerio, Sasso, SosnowsKi, Tocco, Walaska, Walsh, Walton.

NAYS -O.

GUESTS

Upon suggestion of Senator Paiva Weed, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Edward P. Sowa of Lincoln, Judge of the Rhode Island Workers' Compensation Court, Janet Sowa, Cristen Laterneau, Craig Laterneau, Cameron Laterneau, Jeff Sowa, Jennifer Sowa, Randolph Sowa, Mary Beth Sowa, Wally Gernt and Leslie Gernt.

CALENDAR

2. Appointment of Stephen P. Nugent of Barrington VICE Associate Justice Dominic F. Cresto as Associate Justice of the Rhode Island Superior Court.

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

Senator Paiva Weed, seconded by Senators Kelly, Enos, Lenihan, Walton, Cote, Gallo, Felag, McBurney, Kells, Irons, Algiere, Blais, Gibbs, Roberts, Tocco, Igliozzi and many others, moves that confirmation of the Senate be given this appointment.

By unanimous consent, the confirmation of the Senate is given this appointment, 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, Badeau, Bates, Blais, Breene, Caprio, Celona, Coderre, Connors, Cote, Damiani, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, [sea, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, RaptaKis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -O.

GUESTS

Upon suggestion of Senator Paiva Weed, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Stephen P. Nugent of Barrington, Associate Justice of the Rhode Island Superior Court, Mary Nugent, Kara Nugent, Maura Nugent, Michael Nugent, Mark Smith, Jack Bamford, Jim Hobson, Debbie.

CALENDAR

3.(2000-H 6804) (Substitute "B") An Act making revised appropriations for the support of the State for the fiscal year ending June 30, 2000.

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

Senator Lenihan moves passage, seconded by Senators Kelly, Enos, Connors, Cote, Damiani, Paiva Weed, Roberts, Celona, Raptakis and others.

The bill marked Substitute "B" is read and passed, and the original bill and the bill marked Substitute "A" 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, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, lenihan, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, RaptaKis, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -O.

Without objection, the remainder of the Calendar is deferred to Tuesday, May 30, 2000.

ANNOUNCEMENTS

Senator Irons announces that the Committee on Corporations will meet on Tuesday, May 30, 2000, at 3:00 o'clock P.M. in Room 212 of the State House.

Also:

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, the Senate adjourns at 4:41 o'clock P.M.

RAYMOND T. HOYAS, JR.
Clerk of the Senate

INVOCATION

SENATOR DANIEL P. CONNORS

Dear Lord, as we confront decisions we must make during this session, guide us in your judgment so that we may bring the greatest benefit to our fellow citizens. Amen.

Appendix

CONSENT CALENDAR

In order for Tuesday, May 30, 2000:

1.(00-S 2354) (Substitute "A") An Act relating to interpreters in health care facilities.

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

2. (00-S 2935) Joint Resolution creating a special legislative commission to develop a long term plan to ensure an adequate pool of certified nursing assistants.

Committee on Health, Education and Welfare recommends passage.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Thursday, May 25, 2000

Appendix

CALENDAR

In order for Tuesday, May 30, 2000:

1.(2000-H 6715) An Act relating to taxation.

Committee on Corporations recommends passage in concurrence.

2.(2000-H 7011 as amended) An Act relating to housing maintenance and occupancy code.

Committee on Corporations recommends passage as amended.

3.(2000-H 7142) (Substitute "A") An Act relating to deceptive trade practices - appliances.

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

4.(2000-H 7172) An Act relating to the town of Scituate- property tax assessment.

Committee on Corporations recommends passage in concurrence.

5.(2000-H 7312) An Act relating to taxation.

Committee on Corporations recommends passage in concurrence.

6.(2000-H 7440) (Substitute "A" as amended) Joint Resolution creating a special legislative commission to study the licensing of private detectives.

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

7.(2000-H 7634) An Act establishing the Hopkinton Land Trust.

Committee on Corporations recommends passage in concurrence.

8.(2000-H 7783) An Act in amendment of and in addition to Chapter 55 of the Public Laws, 1958, as amended, entitled, "An Act authorizing the towns of Charlestown, Richmond and Hopkinton, to join a regional school district, incorporating said regional school district, and providing for the issuance of bonds, construction and operation of a regional school system for the joint use of the participating towns, within said regional school district established by this act" and authorizing the Chariho Regional School District to issue (A) not more than $12,000,000 bonds and notes for the acquisition, construction, renovation and equipping of two or three new elementary schools (Kindergarten through Grade 5), B) not more than $17,000,000 bonds and notes for land acquisition, additions to, renovation and equipping of the existing Chariho High School (Grades 9 through 12), and (C) not more than $8,500,000 bonds and notes for the renovation and equipping of the existing Ashaway, Charlestown, Hope Valley and Richmond Elementary Schools Kindergarten through Grade 5).

Committee on Corporations recommends passage, in concurrence.

11.(2000-H 8034) An Act authorizing the town of Glocester to finance the development, construction, reconstruction, resurfacing and rehabilitation of roads, highways and bridges in the town, including the construction of a salt/ sand storage facility by the issuance of not more than $3,000,000 bonds and/or notes therefor.

Committee on Corporations recommends passage in concurrence.

10.(2000-H 8041) An Act authorizing the town of Coventry to finance the acquisition and improvement of land for recreational purposes by the issuance of not more than $2,000,000 bonds and/or notes therefor.

Committee on Corporations recommends passage in concurrence.

11.(2000-H 8154) An Act amending the charter of North Providence.

Committee on Corporations recommends passage in concurrence.

12.(00-S 2704) (Substitute "A") An Act relating to criminal offenses - sex offender central registry.

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

13.(00-S 2874) An Act relating to mandated benefits review act.

Committee on Corporations recommends passage.

14.(00-S 2946) An Act establishing the Burrillville Land Trust.

Committee on Corporations recommends passage.

15. (00-S 2958) An Act authorizing the city of Warwick to issue bonds and notes in an amount not to exceed $4,000,000 ($3,500,000 of which shall be to preserve open space and $500,000 of which shall be to acquire recreation land).

Committee on Corporations recommends passage.

16. (00-S 2961) An Act authorizing the town of Glocester to finance the acquisition of open space for preservation and groundwater protection and the development of public recreational facilities in the town by issuance of not more than $500,000 bonds and/or notes therefor.

Committee on Corporations recommends passage.

17. (2000-H 6879) (Substitute "B") An Act relating to business corporations.

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

19.(2000-H 6880) (Substitute "A") An Act relating to business corporations.

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

22.(2000-H 7020) (Substitute "A" as amended) An Act relating to businesses and professions -pharmacy.

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

23.(2000-H 8006) An Act authorizing the town of New Shoreham to finance additions, renovations, improvements, alterations and repairs and to finance the purchase of furnishing and equipment for schools and school facilities in the town by the issuance of not more than $4,963,000 bonds and/or notes therefor.

Committee on Corporations recommends passage in concurrence.

21.(2000-H 8198) An Act authorizing the city of Warwick to issue bonds and notes in an amount not to exceed $4,000,000 ($3,500,000 of which shall be to preserve open space and $500,000 of which shall be to acquire recreation land).

Committee on Corporations recommends passage in concurrence.

22.(2000-H 8214) An Act authorizing the town of Glocester to finance the acquisition of open space for preservation and groundwater protection and the development of public recreational facilities in the town by the issuance of not more than $500,000 bonds and/or notes therefor.

Committee on Corporations recommends passage in concurrence.

23.(00-S 2979) An Act relating to health and safety.

Committee on Health, Education and Welfare recommends passage.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Thursday, May 25, 2000

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

Thank you for stopping by!