SENATE JOURNALS 03-26-1999

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. 35 Friday, March 26, 1999 Thirty-fifth Day

The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Charles J. Fogarty, at 4:27 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 Algiere, Alves, Badeau, Bates, Blais, Breene, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Enos, Felag, Flynn, Fogarty, Cello, 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, Walton.

ABSENT - 2: Senators Caprio, Donelan.

INVOCATION

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

(See Appendix for Invocation)

PLEDGE OF ALLEGIANCE TO THE FLAG

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

APPROVAL OF RECORD

The Senate Journal of Thursday, March 25, 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.

GUESTS

Upon suggestion of Senator Gibbs, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the Honorable Linda Kushner, former State Representative from Providence.

Upon suggestion of Senator Fogarty, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the Honorable Ellen Kellner, former State Representative from Glocester.

Upon suggestion of Senator Coderre, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Chris Gasbarro.

REPORTS OF COMMITTEES

COMMITTEE ON FINANCE

Senator Lenihan, from the Committee on Finance, reports back, with recommendation of passage of the following measure:

(99-S 417) An Act relating to state affairs and government.

Read and ordered to be placed on the Calendar.

COMMITTEE ON LABOR

Senator Badeau, from the Committee on Labor, reports back, with recommendation of passage of the following measure:

(99-S 803) An Act relating to labor and labor relations fair employment practice.

Read and ordered to be placed on the Calendar.

NEW BUSINESS

Senators Coderre, Kelly, Enos, Paiva Weed, Goodwin and others present (99-S 938) Senate Resolution proclaiming April 11, 1999 as World Parkinson Disease Day.

Senator Coderre requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

1. Reappointment of Sarah P. Carter of Saunderstown Representative of Industry to the Labor and Training Board of Review for a term expiring February 1, 2005.

2. Appointment of Jean Vient of Warwick (Representative of Insurers) to the Rhode Island Housing Resources Act for a term expiring January 31, 2000.

3. Appointment of Roberta Hazen Aaronson of Providence (Representative of Lead Poisoning Agency) to the Rhode Island Housing Resources Act for a term expiring January 31, 2002.

4. Appointment of Angela V. Lovegrove of Rumford (Representative of Fair Housing) to the Rhode Island Housing Resources Act for a term expiring January 31, 2001.

5. Reappointment of Anne H. Allen of Greenville to the Rhode Island State Council on the Arts for a term expiring March 1, 2002.

6. (99-H 5245) An Act to vacate the forfeiture or revocation of the charter of Providence Rental Systems, Inc.

7. (99-H 5537) An Act reinstating and restoring forfeited or revoked corporate charters.

8. (99-H 5589) An Act reinstating and restoring forfeited or revoked corporate charters.

9. (99-H 6077) An Act reinstating and restoring forfeited or revoked corporate charters.

10. (99-H 6160) An Act reinstating and restoring forfeited or revoked corporate charters.

CALENDAR

In order for the day is taken up as follows:

4. (99-S 378) An Act relating to domestic insurance companies.

Committee on Corporations recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, March 30, 1999.

5. (99-S 381 as amended) An Act relating to motor and other vehicles - driver's education.

Committee on Corporations recommends passage as amended.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, March 30, 1999.

7. (99-S 511) An Act relating to insurance.

Committee on Corporations recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Wednesday, March 31, 1999.

8. (99-S 512) An Act relating to insurance.

Committee on Corporations recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Wednesday, March 31, 1999.

10. (99-S 518) An Act relating to insurance self compliance self audit.

Committee on Corporations recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Wednesday, March 31, 1999.

1. (99-S 443) An Act relating to towns and cities - zoning ordinances.

Committee on Corporations recommends passage.

Senator Breene moves passage, seconded by Senator Blais.

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

FLOOR AMENDMENT
TO
(99-S 443)

Mr. President:

I hereby move to amend (99-S 443) entitled "AN ACT RELATING TO TOWNS AND CITIES -ZONING ORDINANCES", by deleting all language on line 6 of page 3 and inserting the following in place thereof:

"SECTION 3. This act shall take effect on January 1, 2000."

Respectfully submitted,

KEVIN A. BREENE
Senator, District 41

The motion to amend prevails upon a roll call vote with 44 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 44; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Revens, Roney, Ruggerio, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

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

NAYS -0.

2. (99-S 290) An Act relating to insurance -the standard valuation law.

Committee on Corporations recommends passage.

Senator Blais moves passage, seconded by Senators Flynn and Connors.

The act is read and passed, by unanimous consent, upon a roll call vote with 44 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 44: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Celona, Cicilline, Connors, Cote, Damiani, DaPonte, Enos, Felag, Flynn, Fogarty, Cello, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Lenihan, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Welsh, Walton.

NAYS -0.

3. (99-S 376 as amended) An Act relating to motor vehicles- retail sale of gasoline.

Committee on Corporations recommends passage as amended.

Senator Flynn moves passage, seconded by Senators Blais and Breene.

The act is read and passed, as amended, 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, Celona, Cicilline, Connors, Cote, Damiani, DaPonte, Enos, Felag, Flynn, Fogarty, Cello, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Lenihan, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Revens, Roberts, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

6. (99-S 449) An Act relating to barbers, hairdressers, cosmeticians, manicurists and estheticians.

Committee on Corporations recommends passage.

Senator Gallo moves passage, seconded by Senators Connors, Cote, Goodwin, Sosnowski, Alves, Damiani and others.

The act is read and passed, by unanimous consent, upon a roll call vote with 44 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 44: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Celona, Cicilline, Connors, Cote, Damiani, DaPonte, Enos, Felag, Flynn, Fogarty, Cello, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Lenihan, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

9. (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.

Senator Blais moves passage, seconded by Senator Connors.

The act is read and passed, as amended, 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, Badeau, Bates, Blais, Breene, Celona, Cicilline, Connors, Cote, Damiani, DaPonte, Enos, Felag, Flynn, Fogarty, Cello, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Lenihan, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

11. (99-S 522 as amended) An Act relating to motor vehicles.

Committee on Corporations recommends passage as amended.

Senator Connors moves passage, seconded by Senators DaPonte, Goodwin, Felag, Tocco, Walsh, Ruggerio and others.

The act is read and passed, as amended, by unanimous consent, upon a roll call vote with 44 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 44: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Celona, Cicilline, Connors, Cote, Damiani, DaPonte, Enos, Felag, Flynn, Fogarty, Cello, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Lenihan, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Revens, Roberts, Roney, Ruggerio, Sasso, SosnowsKi, Tocco, Walaska, Walsh, Walton.

NAYS -0.

19. (99-S 87) An Act relating to health and safety - women's right to know.

Committee on Judiciary recommends passage.

Senator Graziano moves passage, seconded by Senators Goodwin, Connors, Walaska, Felag, Alves, Sasso, Celona, Blais, DaPonte and others.

Senators Alves, Perry, Blais, Walsh, Walaska, Lenihan and Flynn discuss the act.

Senator Roney, seconded by Senators Perry, Walton, Roberts, Walsh, Izzo, Bates and Gibbs, offers the following written motion to amend:

FLOOR AMENDMENT
TO
(99-S 87)

Mr. President:

I hereby move to amend (99-S 87) entitled "AN ACT RELATING TO HEALTH AND SAFETY - WOMEN'S RIGHT TO KNOW", as follows:

1. On Page 3, line 13 by deleting the words "the referring physician" and substituting therefor the following language "his/her authorized agent or another physician or his/ her authorized agent".

2. On Page 3, by deleting the language on line 14.

3. On Page 3, line 15, by deleting the designation "(ii)" and substituting therefor "(i)".

4. On Page 3, line 18, be deleting the designation "(iii)" and substituting therefor "(ii)".

5. On Page 3, line 23, by deleting the designation "(iv)" and substituting therefor "(iii)".

6. On Page 3, line 25, by deleting the designation (v) and substituting therefor (iv)

7. On Page 3, line 26, by deleting the designation "(vi)" and substituting therefor "(v)".

Respectfully submitted,

JOHN M.RONEY
Senator, District 2

Senator Montalbano discusses the amendment.

Senator Paiva Weed, seconded by Senators Blais and Goodwin, moves to divide the amendment by voting on Section 1 first and voting on Sections 2-7 second.

Senator Graziano discusses the motion.

The motion to divide the question prevails, upon a roll call vote with 23 Senators voting in the affirmative and 19 Senators voting in the negative as follows:

YEAS - 23: Senators Al~ere, Breene, Cicilline, Connors, Cote, Damiani, DaPonte, Enos, Fogarty, Cello, Goodwin, Igliozzi, Irons, Kells, Kelly, Lenihan, McDonald, Paiva Weed, Parella, Patterson, Revens, Sasso, Tocco.

NAYS - 19: Senators Alves, Badeau, Blais, Celona, Felag, Flynn, Gibbs, Graziano, Izzo, McBurney, McCaffrey, Montalbano, Perry, Raptakis, Roberts, Ruggerio, Sosnowski, Walaska, Walsh.

Senators Roberts, Alves, Igliozzi, Montalbano, Graziano, Walsh and Roney discuss the amendment.

Senator Roney, seconded by Senators Paiva Weed, Roberts, Walton, Perry and others, offers an oral amendment to Section 1.

Senator Graziano discusses the motion.

The motion to amend prevails upon a roll call vote with 33 Senators voting in the affirmative and 13 Senators voting in the negative as follows:

YEAS - 33: Senators Al~ere, Alves, Bates, Blais, Breene, Cicilline, Coderre, Connors, Damiani, Enos, Fogarty, Gallo, Gibbs, Goodwin, Igliozzi, Irons, Izzo, Kells, Kelly, Lenihan, McDonald, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Sosnowski, Tocco, Walsh, Walton.

NAYS - 13: Senators Badeau, Celona, Cote, DaPonte, Felag, Flynn, Graziano, McBurney, McCaffrey, Montalbano, Ruggerio, Sasso, Walaska. Section 1 of the motion to amend prevails, upon a roll call vote with 29 Senators voting in the affirmative and 17 Senators voting in the negative as follows:

YEAS - 29: Senators Algiere, Bates, Blais, Breene, Cicilline, Coderre, Damiani, Enos, Fogarty, Gallo, Gibbs, Igliozzi, Irons, Izzo, Kells, Kelly, Lenihan, McDonald, Paiva Weed, Parella, Patterson, Perry, Revens, Roberts, Roney, Sosnowski, Tocco, Walsh, Walton.

NAYS - 17: Senators Alves, Badeau, Celona, Connors, Cote, DaPonte, Felag, Flynn, Goodwin, Graziano, McBurney, McCaffrey, Montalbano, Raptakis, Ruggerio, Sasso, Walaska. Sections 2-7 of the motion to amend prevail, upon a roll call vote with 32 Senators voting in the affirmative and 14 Senators voting in the negative as follows:

YEAS - 32: Senators Bates, Breene, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Enos, Fogarty, Cello, Gibbs, Goodwin, Igliozzi, Irons, Izzo, Kells, Kelly, Lenihan, McDonald, Paiva Weed, Parella, Patterson, Perry, Revens, Roberts, Roney, Sasso, Sosnowski, Tocco, Walsh, Walton.

NAYS - 14: Senators Algiere, Alves, Badeau, Blais, Celona, Felag, Flynn, Graziano, McBurney, McCaffrey, Montalbano, Raptakis, Ruggerio, Walaska.

Senator Roberts, seconded by Senators Walsh, Sosnowski, Perry and Walton, offers the following written motion to amend:

FLOOR AMENDMENT
TO
(99-S 87)

Mr. President:

I hereby move to amend (99-S 87) entitled "AN ACT RELATING TO HEALTH AND SAFETY - WOMEN'S RIGHT TO KNOW", as follows:

1. On Page 6, line 23, by deleting the words "is guilty of a felony" and substituting therefor the words "shall be deemed to have engaged in 'unprofessional conduct' for the purposes of� 6-37.1-6".

Respectfully submitted,

ELIZABETH H. ROBERTS
Senator, District 11

The motion to amend fails of passage upon a roll call vote with 22 Senators voting in the affirmative and 24 Senators voting in the negative as follows:

YEAS - 22: Senators Bates, Coderre, Damiani, Enos, Fogarty, Cello, Gibbs, Igliozzi, Irons, Izzo, Kells, Kelly, Lenihan, Patterson, Perry, Revens, Roberts, Roney, Sosnowski, Tocco, Walsh, Walton.

NAYS - 24: Senators Algiere, Alves, Badeau, Blais, Breene, Celona, Cicilline, Connors, Cote, DaPonte, Felag, Flynn, Goodwin, Graziano, McBurney, McCaffrey, Mcdonald, Montalbano, Paiva Weed, Parella, Raptakis, Ruggerio, Sasso, Walaska.

Upon motion of Senator Graziano, seconded by Senator Montalbano, read and passed, as amended, upon a roll call vote with 31 Senators voting in the affirmative and 16 Senators voting in the negative as follows:

YEAS - 31: Senators Algiere, Alves, Badeau, Blais, Breene, Celona, Cicilline, Connors, Cote, DaPonte, Enos, Felag, Flynn, Fogarty, Cello, Goodwin, Graziano, Igliozzi, Issa, Kells, McBurney, McCaffrey, McDonald, Montalbano, Paiva Weed, Parella, Raptakis, Ruggerio, Sasso, Tocco, Walaska.

NAYS - 16: Senators Bates, Coderre, Damiani, Gibbs, Irons, Izzo, Kelly, Lenihan, Patterson, Perry, Revens, Roberts, Roney, Sosnowski, Walsh, Walton.

Upon suggestion of Senator Enos, and without objection, the remainder of the Calendar is deferred to Tuesday, March 30, 1999.

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 Irons announces that the Committee on Corporations will meet on Monday, March 29, 1999, 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 on Monday, March 29, 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 5:49 o'clock P.M.

RAYMOND T. HOYAS, JR.
Clerk of the Senate

Appendix

INVOCATION
SENATOR MARY A. PARELLA Guide us this day,
Lord, towards a deeper understanding of the needs, concerns, and frustrations of all humanity. Instill in us Your spirit so that we may be instrumental in assisting others in their needs and bringing them peace.

Appendix

CALENDAR

In order for Tuesday, March 30, 1999:

1. (99-S 378) An Act relating to domestic insurance companies.

Committee on Corporations recommends passage.

2. (99-S 381 as amended) An Act relating to motor and other vehicles - driver's education.

Committee on Corporations recommends passage as amended.

3. (99-S 561) An Act relating to corporations, associations, and partnerships.

Committee on Corporations recommends passage.

4. (99-S 564) An Act relating to real estate brokers and salespersons.

Committee on Corporations recommends passage.

5. (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.

6. (99-S 569 as amended) An Act relating to motor vehicles.

Committee on Corporations recommends passage as amended.

7. (99-S 672) An Act relating to financial institutions.

Committee on Corporations recommends passage.

8. (99-S 815) An Act relating to retail licenses.

Committee on Corporations recommends passage.

9. (99-H 5168) An Act relating to tax exemption - Westerly.

Committee on Corporations recommends passage in concurrence.

10. (99-S 600) An Act relating to education -Board of Governors for Higher Education.

Committee on Finance recommends passage.

11. (99-S 483) An Act relating to labor and labor relations.

Committee on Labor recommends passage.

12. (99-S 485) An Act relating to insurance -workers' compensation insurance.

Committee on Labor recommends passage.

13. (99-S 487) An Act relating to labor and labor relations- payment of wages.

Committee on Labor recommends passage.

14. (99-S 521) An Act relating to taxation -town of Cumberland.

Committee on Corporations recommends passage.

15. (99-S 420) An Act relating to the Rhode Island Resource Recovery Corporation.

Committee on Finance recommends passage.

16. (99-S 488) An Act relating to expedited permit process.

Committee on Labor recommends passage.

17. (99-S 350) An Act relating to Superior Court.

Committee on Judiciary recommends passage.

18. (99-S 322 as amended) An Act relating to education - school speech and language pathologists.

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

19. (99-S 551) (Substitute "A") An Act relating to education- curriculum.

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

20. (99-S 715) An Act relating to health and safety - Commission on Deaf and Hearing Impaired.

Committee on Health, Education and Welfare recommends passage.

21. (99-S 716) An Act relating to business and professions- interpreters for the deaf.

Committee on Health, Education and Welfare recommends passage.

22. (99-S 811 as amended) An Act relating to motor and other vehicles - lighting equipment and reflectors.

Joint Committee on Highway Safety recommends passage as amended.

Appendix

CALENDAR

In order for Wednesday, March 31, 1999:

1. (99-S 511) An Act relating to insurance.

Committee on Corporations recommends passage.

2. (99-S 512) An Act relating to insurance.

Committee on Corporations recommends passage.

3. (99-S 518) An Act relating to insurance self compliance self audit.

Committee on Corporations recommends passage.

4. (99-S 605) An Act relating to businesses and professions- telecommunication.

Committee on Corporations recommends passage.

5. (99-S 417) An Act relating to state affairs and government.

Committee on Finance recommends passage.

6. (99-S 803) An Act relating to labor and labor relations- fair employment practice.

Committee on Labor recommends passage.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Friday, March 26, 1999

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