SENATE JOURNALS - Tuesday, May 30, 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. 51 Tuesday, May 30, 2000 Fifty-first Day

The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Charles J. Fogarty, at 4:07 o'clock P.M.

The roll is called and a quorum is declared present with 49 Senators present and 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, Patter-son, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, SosnowsKi, Tocco Walaska, Walsh.

ABSENT - 1; Senator Walton.

INVOCATION

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

(See Appendix for Invocation)

PLEDGE OF ALLEGIANCE TO THE FLAG

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

APPROVAL OF RECORD

The Senate Journal of Thursday, May 25, 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 Fogarty, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Stu Pearson, Fire Chief of Harmony.

Upon suggestion of Senator Roney, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber his sister, Joanne Roney Hepworth.

REPORTS OF COMMITTEES

COMMITTEE ON CORPORATIONS

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

(2000-H 7676 as amended) An Act relating to refuse disposal licenses

Read and ordered to be placed on the Calendar.

COMMITTEE ON JUDICIARY

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

(00-S 2934) Senate Resolution creating a special Senate commission to study the structure, administration, and operation of the Rhode Island Human Rights Commission.

Read and ordered to be placed on the Consent Calendar.

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

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.

CALENDAR

In order for the day is taken up as follows;

1.(2000-H 6715) 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 Wednesday, May 31, 2000.

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

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Thursday, June 1, 2000.

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.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Thursday, June 1, 2000.

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

Committee on Corporations recommends passage in concurrence.

Senator Blais moves passage, seconded by Senator Flynn.

The act is read and passed, in concurrence, 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 - 41; 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, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska.

NAYS -fl.

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

Committee on Corporations recommends passage in concurrence.

Senator Felag moves passage, seconded by Senator Gallo.

The act is read and passed, in concurrence, 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 Algiere, Alves, Badeau. Bates, Breene, 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, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh.

NAYS -O.

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.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Thursday, June 1, 2000.

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

Committee on Corporations recommends passage in concurrence.

Senator Walsh moves passage, seconded by Senator Enos.

The act is read and passed, in concurrence, and by unanimous consent, upon a roll call vote with 49 Senators voting in the affirmative and 0 Senators voting in the negative as follows;

YEAS - 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.

NAYS -O.

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.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Desk.

9.(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.

Senator Fogarty moves passage, seconded by Senator Montalbano.

The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 49 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS 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.

NAYS -O.

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.

Upon suggestion of Senator Blais, and without objection, ordered to be placed on the Calendar for Thursday, June 1, 2000.

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

Committee on Corporations recommends passage in concurrence.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Thursday, June 1, 2000.

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-'.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Thursday, June 1, 2000.

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

Committee on Corporations recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Thursday, June 1, 2000.

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

Committee on Corporations recommends passage.

Senator Fogarty moves passage, seconded by Senator Gallo.

The act is read and passed, by unanimous consent, upon a roll call vote with 49 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS 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.

NAYS 0.

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.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Wednesday, May 31, 2000.

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.

Senator Fogarty moves passage, seconded by Senator Enos.

The act is read and passed, by unanimous consent, upon a roll call vote with 48 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS 48; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors. Cote, Damiani, DaPonte, Donelan, Enos, Felag, 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.

NAYS -O.

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

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Thursday, June 1, 2000.

18.(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.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Thursday, June 1, 2000.

19.(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.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Thursday, June 1, 2000.

20.(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.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Desk.

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.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Desk.

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.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Desk.

23.(00-S 2979) An Act relating to health and safety. Committee on Health, Education and Welfare recommends passage.

Senator Walsh moves passage, seconded by Senator Tocco, Roberts, Sasso, Izzo, Gallo, Irons and others.

Senators Roberts, Izzo and Irons discuss the act.

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, Celona, Cicilline, Coderre, Connors, Cote. Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, 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.

NAYS -O.

ANNOUNCEMENTS

Senator Lenihan announces that the Committee on Finance will meet on Wednesday, May 31, 2000, at 1:00 o'clock P.M. in Room 35 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 4:23 o'clock P.M.

RAYMOND T. HOYAS, JR.
Clerk of the Senate

Appendix

INVOCATION

SENATOR MICHAEL J. FLYNN

Almighty God, we ask that You provide us with Your grace, in order that we may begin again to do over those tasks which we have left undone or which we could have done better. Help us to bear in mind always the concerns of our constituents. Amen.

Appendix

CONSENT CALENDAR

In order for Wednesday, May 31, 2000:

1. (00-S 2934) Senate Resolution creating a special Senate commission to study the structure, administration, and operation of the Rhode Island Human Rights Commission.

Committee on Judiciary recommends passage.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Tuesday, May 30, 2000

Appendix

CALENDAR

In order for Wednesday, May 31, 2000:

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

Committee on Corporations recommends passage in concurrence.

2. (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.

Appendix

CALENDAR

in order for Thursday, June 1, 2000:

1.(2000-H 7011 as amended) An Act relating to housing maintenance and occupancy code.

Committee on Corporations recommends passage as amended.

2.(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.

3.(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.

4.(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.

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

Committee on Corporations recommends passage in concurrence.

6.(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".

7.(00-S 2874) An Act relating to mandated benefits review act.

Committee on Corporations recommends passage.

8.(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".

9.(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.

10. (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.

11.(2000-H 7676) An Act relating to refuse disposal licenses.

Committee on Corporations recommends passage in concurrence.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Tuesday, May 30, 2000

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