SENATE JOURNALS 03-18-1999

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 fifth day of January in the year of Our Lord one thousand nine hundred and ninety-nine.

Volume 126, No. 30 Thursday, March 18, 1999 Thirtieth Day

The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Charles J. Fogarty, at 4:14 o'clock P.M.

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

PRESENT - 48: Senators Al~ere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Doneian, Enos, Felag, Flynn, Fogarty, GalJo, Gibbs, Goodwin, Graziano, Igliozzi, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptal:is, Revens, Roberts, Ruggerio, Sasso, Sosnowsl:i, Tocco, Walaska, Walsh, Walton.

ABSENT - 2: Senators Irons, Roney.

INVOCATION

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

(See Appendix for Invocation)

PLEDGE OF ALLEGIANCE TO THE FLAG

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

APPROVAL OF RECORD

The Senate Journal of Wednesday, March 17, 1999 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.

NATIONAL ANTHEM

His Honor, the Lieutenant Governor, by unanimous consent, presents Cory Pesaturo, American Accordionist Association National Champion, to perform the National Anthem.

GUESTS

Upon suggestion of Senator Fogarty, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Helen Fairbrother Moroney, who is celebrating her 80th Birthday today, Carolyn Howard Riordan, Mary Francis Byerly and Ann Polacek.

Upon suggestion of Senator Kells, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Martha Fogarty, mother of His Honor, the Lieutenant Governor and Senator Fogarty.

Upon suggestion of Senator McBurney, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber his daughters, Mackenzie, Ellen and Meghan McBurney and friend Kimberly Pinheiro.

Upon suggestion of Senators Paiva Weed, McBurney and Tocco, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the Honorable Florence Murray, former Rhode Island Supreme Court Justice.

Upon suggestion of Senators Coderre and Kelly, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Michael Reeves of Coventry, Captain Patrick McConaghy, the Honorable John J. Barry, Pawtucket City Council President, and Louise Menconi of Pawtucket.

Upon suggestion of Senator Goodwin, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Patrick Griffin.

Upon suggestion of Senator Alves, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber James and Pena DiPrete.

Upon suggestion of Senator Connors, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Sheila Goodwin, sister of Senator Goodwin.

Upon suggestion of Senator Perry, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Nancy and Robert Aneyci of Providence.

Upon suggestion of Senator Cicilline, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Lucas Perry, grandson of Senator Perry.

Upon suggestion of Senator Enos, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the Honorable Michael Carreiro, former Tiverton Town Councilman.

Upon suggestion of Senator Cote, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Donna RileyLein of Woonsocket.

REPORTS OF COMMITTEES

COMMITTEE ON CORPORATIONS

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

(99-S 290) An Act relating to insurance the standard valuation law.

Read and ordered to be placed on the Calendar.

(99-S 376 as amended) An Act relating to motor vehicles - retail sale of gasoline.

Read and ordered to be placed on the Calendar.

(99-S378) An Act relating to domestic insurance companies.

Read and ordered to be placed on the Calendar.

(99-S 381 as amended) An Act relating to motor and other vehicles driver's education.

Read and ordered to be placed on the Calendar.

(99-S 449) An Act relating to barbers, hairdressers, cosmeticians, manicurists and estheticians.

Read and ordered to be placed on the Calendar.

(99-S508 as amended) An Act relating to motor and other vehicles- responsibility of owners of rental vehicles.

Read and ordered to be placed on the Calendar.

(99-S 511) An Act relating to insurance.

Read and ordered to be placed on the Calendar.

(99-S 512) An Act relating to insurance.

Read and ordered to be placed on the Calendar.

(99-S 513 as amended) An Act relating to corporations, associations and partnerships -Rhode Island uniform securities act.

Read and ordered to be placed on the Calendar.

(99-S 518) An Act relating to insurance self compliance self audit.

Read and ordered to be placed on the Calendar.

(99-S 522 as amended) An Act relating to motor vehicles.

Read and ordered to be placed on the Calendar.

(99-S 561) An Act relating to corporations, associations, and partnerships.

Read and ordered to be placed on the Calendar.

(99-S 564) An Act relating to real estate brokers and salespersons.

Read and ordered to be placed on the Calendar.

(99-S 568) Joint Resolution creating a special legislative commission to study the training and certification of public safety telecommunicators in Rhode Island.

Read and ordered to be placed on the Calendar.

(99-S 569 as amended) An Act relating to motor vehicles.

Read and ordered to be placed on the Calendar.

(99-S 672) An Act relating to financial institutions.

Read and ordered to be placed on the Calendar.

(99-S815) An Act relating to retail licenses.

Read and ordered to be placed on the Calendar.

(99-H 5168) An Act relating to tax exemption Westerly.

Read and ordered to be placed on the Calendar.

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:

(99-S 324) (Substitute "A") An Act relating to state affairs and government - housing resources.

Read and ordered to be placed on the Calendar.

(99-S 474) An Act relating to waters and navigation.

Read and ordered to be placed on the Calendar.

(99-S 602) (Substitute "A") An Act relating to health and safety - residential care facility licensing act.

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 measures:

(99-S 87) An Act relating to health and safety - women's right to know.

Read and ordered to be placed on the Calendar.

(99-S 350) An Act relating to Superior Court.

Read and ordered to be placed on the Calendar.

(99-S 387) An Act relating to parole.

Read and ordered to be placed on the Calendar.

(99-S650) An Act relating to criminal procedure - peace officers.

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

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 Health, Education and Welfare:

(99-S 785) An Act relating to businesses and professions - pharmacy.

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

NEW BUSINESS

Senators Kelly and Cote present (99-S 859) Senate Resolution congratulating Steven McLaughlin on attaining the rank of Eagle Scout.

Senator Kelly requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

CONSENT CALENDAR

In order for the day is taken up as follows:

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

1. (99-S 855) An Act to vacate the forfeiture or revocation of the charter of Lewis Hearing Aid Center, Inc.

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.

ANNOUNCEMENTS

Senator Lenihan announces that the Committee on Finance will meet on Friday, March 19, 1999, at 3:00 o'clock P.M. in Room 211 of the State House.

Also:

Senator Paiva Weed announces that the Committee on Judiciary will meet on Friday, March 19, 1999, at 3:00 o'clock P.M. in Room 313 of the State House.

ADJOURNMENT

Upon motion of Senator Kelly, seconded by Senator Algiere, the Senate adjourns at 4:30 o' clock P.M.

RAYMOND T. HOYAS, JR.
Clerk of the Senate

Appendix

INVOCATION
SENATOR ROBERT T. KELLS

Irish BIessing

May the love and protection of St. Patrick can give; be yours in abundance as long as you live. May the blessings and love of St. Patrick fall; on yourself, on your home, on your dear ones and all. May good St. Patrick bless you and keep you in his care, and may Our Lord be near you to answer every prayer. Amen.

Appendix

PRAYER TO ST. JOSEPH

SENATOR J. CLEMENT CICILLINE

St. Joseph, model for all who labor, pray to God with us. It is an honor to use the gifts and develop the talents he has given us. May his grace strengthen us to work with order, devotion, patience, thankfulness and joy. We pray that we strive dutifully and conscientiously to fulfill our task, that all our accomplishments may benetit others and serve their needs. And, in your name we dedicate ourselves to finding solutions to problems, to finding common ground whenever we can, and in finding that our collective mission is to improve the quality of life for everyone, especially the most needy, the downtrodden, and the forgotten. Amen.

Appendix

CALENDAR

In order for Friday, March 19, 1999:

1. (99-S 420) An Act relating to the Rhode Island Resource Recovery Corporation.

Committee on Finance recommends passage.

2. (99-S 323) An Act relating to health and safety - Long Term Care Coordinating Council.

Committee on Health, Education and Welfare recommends passage.

3. (99-S 258) (Substitute "A") An Act relating to courts and civil procedure - language interpreters.

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

4. (99-S 637) An Act relating to appointments.

Committee on Judiciary recommends passage.

5. (99-S 686) An Act relating to state affairs and government.

Committee on Judiciary recommends passage.

6. (99-S 699) An Act relating to the General Assembly - lobbying.

Committee on Judiciary recommends passage.

7. (99-S 488) An Act relating to expedited permit process.

Committee on Labor recommends passage.

8. (99-S 505) An Act relating to labor and labor relations.

Committee on Labor recommends passage.

9. (99-H 6224) An Act authorizing the city of East Providence to finance the planning, construction and reconstruction of streets and/ or sidewalks within the city and to issue not more than $3,000,000 bonds and notes therefor.

Committee on Corporations recommends passage in concurrence.

Appendix

CALENDAR

In order for Tuesday, March 23, 1999:

1. (99-S443) An Act relating to towns and cities - zoning ordinances.

Committee on Corporations recommends passage.

2. (99-S 112 as amended) An Act relating to health and safety - emergency medical transportation services.

Committee on Health, Education and Welfare recommends passage as amended.

3. (99-S 290) An Act relating to insurance -the standard valuation law.

Committee on Corporations recommends passage.

4. (99-S 376 as amended) An Act relating to motor vehicles- retail sale of gasoline.

Committee on Corporations recommends passage as amended.

5. (99-S 378) An Act relating to domestic insurance companies.

Committee on Corporations recommends passage.

6. (99-S 381 as amended) An Act relating to motor and other vehicles - driver's education.

Committee on Corporations recommends passage as amended.

7. (99-S 449) An Act relating to barbers, hairdressers, cosmeticians, manicurists and estheticians.

Committee on Corporations recommends passage.

8. (99-S 508 as amended) An Act relating to motor and other vehicles - responsibility of owners of rental vehicles.

Committee on Corporations recommends passage as amended.

9. (99-S 511) An Act relating to insurance.

Committee on Corporations recommends passage.

10. (99-S 512) An Act relating to insurance.

Committee on Corporations recommends passage.

11. (99-S 513 as amended) An Act relating to corporations, associations and partnerships -Rhode Island uniform securities act.

Committee on Corporations recommends passage as amended.

12. (99-S 518) An Act relating to insurance self compliance self audit.

Committee on Corporations recommends passage.

13. (99-S 522 as amended) An Act relating to motor vehicles.

Committee on Corporations recommends passage as amended.

14. (99-S 561) An Act relating to corporations, associations, and partnerships.

Committee on Corporations recommends passage.

15. (99-S 564) An Act relating to real estate brokers and salespersons.

Committee on Corporations recommends passage.

16. (99-S 568) Joint Resolution creating a special legislative commission to study the training and certification of public safety telecommunicators in Rhode Island.

Committee on Corporations recommends passage.

17. (99-S 569 as amended) An Act relating to motor vehicles.

Committee on Corporations recommends passage as amended.

18. (99-S 672) An Act relating to financial institutions.

Committee on Corporations recommends passage.

19. (99-S 815) An Act relating to retail licenses.

Committee on Corporations recommends passage.

20. (99-H 5168) An Act relating to tax exemption - Westerly.

Committee on Corporations recommends passage in concurrence.

21. (99-S324) (Substitute "A") An Act relating to state affairs and government - housing resources.

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

22. (99-S 474) An Act relating to waters and navigation.

Committee on Health, Education and Welfare recommends passage.

23. (99-S 602) (Substitute "A") An Act relating to health and safety - residential care facility licensing act.

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

24. (99-S 87) An Act relating to health and safety - women's right to know.

Committee on Judiciary recommends passage.

25. (99-S 350) An Act relating to Superior Court.

Committee on Judiciary recommends passage.

26. (99-S 387) An Act relating to parole.

Committee on Judiciary recommends passage.

27. (99-S 650) An Act relating to criminal procedure - peace officers.

Committee on Judiciary recommends passage.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Thursday, March 18, 1999

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