SENATE JOURNALS 03-30-1999

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. 36 Tuesday, March 30, 1999 Thirty-sixth Day

The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Charles J. Fogarty, at 4:16 o'clock P.M.

The roll is called and a quorum is declared present with 49 Senators present and 1 Senator absent as follows:

PRESENT - 49: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, DaPonte, Doneian, Enos, Felag, Flynn, Fogarty, Cello, Gibbs, Goodwin, Graziano, Igliozzi, Irons, 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 - 1: Senator Issa.

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 Friday, March 26, 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 Senators Coderre, McBurney and Irons, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber from St. Raphael Academy, Paul Larochelle, Cristy Raposo, Kelly Duchesne, Matthew Gaudette, Bryan Ferguson, Xavier Ramos, Robin Hashway, Michaela McCaughey, and Karen Varieur, Advisor.

Upon suggestion of Senator Tocco, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Meghan Blanchette, 6th grade student at St. Rocco's School, Johnston, who is visiting the State House for Career Day.

Upon suggestion of Senators Goodwin and Roney, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Ani Haaorin, Mark Norigian and Greg Arzoomanian.

Upon suggestion of Senator Coderre, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Maj. Gen. Reginald Centracchio, Lt. Col. Wayne Mrzozinski, and Maj. Gen. David Gay.

APPOINTMENT BY THE GOVERNOR

His Honor, the Lieutenant Governor, presents the following communication from His Excellency, the Governor, transmitting the following appointments and requesting the advice and consent of the Senate thereto:

STATE OF RHODE ISLAND AND PR0VIDENCE PIANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE

Lincoln Almond
Governor

March 19, 1999 To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 16-59-2 of the Rhode Island General Laws, I have made the following reappointment to the Board of Governors for Higher Education:

Laura DiSano of Warwick

for a term expiring January 31, 2002.

To this reappointment, I respectfully request your advice and consent,

Sincerely,

LINCOLN ALMOND
Governor

Read and referred to the Committee on Judiciary.

Also:

STATE OF RHODE ISLAND AND PR0VIDENCE PIANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE

Lincoln Almond
Governor

March 26, 1999 To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 16-60-2 of the Rhode Island General Laws, I have made the following appointment to the Board of Regents for Elementary and Secondary Education:

Gary Grove of Barrington
VICE
Mary Silvia Harrison

for a term expiring January 31, 2002.

To this appointment, I respectfully request your advice and consent.

Sincerely,

LINCOLN ALMOND
Governor

Read and referred to the Committee on Judiciary.

Also:

STATE OF RHODE ISLAND AND PR0VIDENCE PIANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE

Lincoln Almond
Governor

March 26, 1999 To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 16-60-2 of the Rhode Island General Laws, I have made the following appointment to the Board of Regents for Elementary and Secondary Education:

Mario Mancieri of Bristol
VICE
Frederick Lippitt

for a term expiring January 31, 2002.

To this appointment, I respectfully request your advice and consent.

Sincerely,

LINCOLN ALMOND
Governor

Read and referred to the Committee on Judiciary.

Also:

STATE OF RHODE ISLAND AND PR0VIDENCE PIANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE

Lincoln Almond
Governor

March 30, 1999

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 42-6.3 of the Rhode Island General Laws, I have made the following appointment as Director of the Department of Environmental Management:

Jan Harmen Reitsma of Massachusetts
VICE
Andrew McLeod
(Resigned)

To this appointment, I respectfully request your advice and consent.

Sincerely,

LINCOLN ALMOND
Governor

Read and referred to the Committee on Judiciary.

Also:

STATE OF RHODE ISLAND AND PR0VIDENCE PIANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE

Lincoln Almond
Governor

March 30, 1999 To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 16-61-4 of the Rhode Island General Laws, I have made the following reappointment to the Rhode Island Public Telecommunications Authority:

Michael E. Schwartz of Bristol

for a term expiring January 31, 2001.

To this appointment, I respectfully request your advice and consent.

Sincerely,

LINCOLN ALMOND
Governor

Read and referred to the Committee on Judiciary.

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 140 as amended) An Act relating to financial institutions- powers and operations.

Read and ordered to be placed on the Calendar.

(99-S 367) (Substitute "A" as amended) An Act relating to health and safety tattooing and body piercing.

Read and ordered to be placed on the Calendar.

(99-S 370) An Act relating to towns and cities zoning ordinances.

Read and ordered to be placed on the Calendar.

(99-S 458) An Act relating to towns and cities - ordinances.

Read and ordered to be placed on the Calendar.

(99-S552) An Act relating to liability companies and limited partnerships - formation, conversion, and cancellation.

Read and ordered to be placed on the Calendar.

(99-S 559) An Act relating to barbers, hairdressers, cosmeticians, manicurists and estheticians.

Read and ordered to be placed on the Calendar.

(99-S 574) An Act relating to boats.

Read and ordered to be placed on the Calendar.

(99-S 630) (Substitute "A" as amended) An Act relating to credit unions investment of funds.

Read and ordered to be placed on the Calendar.

(99-S 838) An Act relating to agriculture and forestry - tree wardens.

Read and ordered to be placed on the Calendar.

(99-S850 as amended) An Act relating to school funds and property.

Read and ordered to be placed on the Calendar.

(99-S 857) An Act authorizing the town of Coventry to finance the construction, renovation, improvement, alteration, repair, furnishing and equipping of schools and school facilities in the town including but not limited to, a new elementary school, and addition to Coventry High School to house a career and technical facility, and athletic complex, and addition to Coventry Middle School and renovations and improvements to existing schools and school facilities by the issuance of not more than $34,000,000 bonds and/ or notes therefor.

Read and ordered to be placed on the Calendar.

(99-S 892 as amended) An Act relating to taxation.

Read and ordered to be placed on the Calendar.

(99-S 894) An Act relating to mandated benefits review act.

Read and ordered to be placed on the Calendar.

(99-S 895) An Act relating to the Coventry Fire Department.

Read and ordered to be placed on the Calendar.

(99-S 896 as amended) An Act relating to taxation.

Read and ordered to be placed on the Calendar.

(99-S 897 as amended) An Act relating to taxation.

Read and ordered to be placed on the Calendar.

(99-S 904 as amended) An Act relating to insurance - motor vehicle body replacement parts.

Read and ordered to be placed on the Calendar.

(99-S 906) An Act validating and ratifying amendments to the Home Rule Charter of the town of Bristol.

Read and ordered to be placed on the Calendar.

(99-S 907) An Act establishing the Smithfield land trust.

Read and ordered to be placed on the Calendar.

COMMITTEE ON SPECIAL LEGISLATION

Senator Goodwin, from the Committee on Special Legislation, reports back, with recommendation of passage of the following measures:

(99-S 174) An Act relating to animals and animal husbandry- dogs.

Read and ordered to be placed on the Calendar.

(99-S 175) An Act relating to animals and animal husbandry- dogs.

Read and ordered to be placed on the Calendar.

(99-S 495) An Act relating to animals and animal husbandry- dogs.

Read and ordered to be placed on the Calendar.

(99-S 497) An Act relating to animals and animal husbandry.

Read and ordered to be placed on the Calendar.

(99-S 760) An Act relating to animals and animal husbandry.

Read and ordered to be placed on the Calendar.

NEW BUSINESS

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

Senators Cote, Badeau and Kelly present (99-S 939) An Act relating to taxation.

Read and referred to the Committee on Corporations.

Senators Montalbano, Cote, Badeau and Kelly present (99-S 940) Senate Resolution congratulating Chris Chaput on being named Most Valuable Player of the Championship Division Hockey Finals.

Senator Montalbano requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senators Cote, Badeau and Kelly present (99-S 941) Senate Resolution congratulating the Mount Saint Charles Hockey Team on winning their 22nd consecutive State Championship.

Senator Cote requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senators Cicilline and Paiva Weed present (99-S 942) Senate Resolution recognizing Rodney P. Bowley on being appointed Special Emissary of the Rhode Island State Senate.

Senator Cicilline requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Without objection, the following Act is introduced after the deadline.

Senators Kells and Celona present (99-S 943) An Act relating to motor vehicles - school bus driver licensing.

Read and referred to the Committee on Special Legislation.

Without objection, the following Act is introduced after the deadline.

Senators Kells and Celona present (99-S 944) An Act relating to motor vehicles - school bus licenses.

Read and referred to the Committee on Special Legislation.

COMMUNICATION

His Honor, the Lieutenant Governor, presents the following communication:

STATE OP RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER

STATEMENT OF POTENTIAL CONFLICT

To the Honorable Senate:

I, under oath depose and say:

1. I am a duly elected member of the Rhode Island Senate.

2. This statement is made in accord with Rhode Island General Law section 36-14-6.

3. In my official capacity, I may be expected or required to vote or participate in the deliberations of bill (99-S 600), now pending before the Senate or a committee thereof.

4. I request that I be excused from voting, deliberating or taking action on the matter.

5. I do not desire to vote or deliberate because I have a conflict of interest as follows.

I am an employee ofthe Community College ofRhode Island.

6. This statement is true to the best of my knowledge.

MICHAEL J. FLYNN
Senator, District 29

Subscribed and sworn to before me this 30th day of March, 1999.

JEFFREY A. LANPHEAR
Notary Public

Ordered to be placed on file.

CALENDAR

In order for the day is taken up as follows:

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

Committee on Finance recommends passage.

Senator Raptakis moves passage, seconded by Senators Sasso, Graziano, Coderre, Goodwin, Felag, McBurney, Donelan and others.

Senators Coderre, Lenihan, Irons, Raptakis, Paiva Weed, Kells, Graziano, Izzo, Blais and Igliozzi discuss the act.

The act is read and passed, upon a roll call vote with 35 Senators voting in the affirmative, 8 Senators voting in the negative and 1 Senator abstaining as follows:

YEAS - 35: Senators Algiere, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, DaPonte, Donelan, Enos, Felag, Cello, Gibbs, Goodwin, Graziano, Igliozzi, Izzo, Lenihan, McCaffrey, McDonald, Montalbano, Oster, Parella, Patterson, Perry, Raptakis, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco.

NAYS 8: Senator Alves, Blais, Fogarty, Irons, Kells, Revens, Walaska, Walsh.

ABSTAINED - 1: Senator Flynn.

Upon suggestion of Senator Enos, and without objection, the remainder of the Calendar is deferred to Wednesday, March 31, 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 Cote announces that the Committee on Corporations will meet today at the rise of the Senate in Room 212 of the State House.

Also:

Senator Lenihan announces that the Committee on Finance will meet today at the rise of the Senate in Room 211 of the State House.

Also:

Senator Roney announces that the Committee on Judiciary will meet today at the rise of the Senate in Room 313 of the State House.

Also:

Senator Izzo announces that the Committee on Health, Education and Welfare will meet on Wednesday, March 31, 1999, at the rise of the Senate in Room 211 of the State House.

Also:

Senator Ruggerio announces that the Committee on Labor will meet on Wednesday, March 31, 1999, at 3:00 o'clock P.M. in Room 212 of the State House.

Also:

Senator Goodwin announces that the Committee on Special Legislation will meet on Wednesday, March 31, 1999, at the rise of the Senate in the Senate Lounge of the State House.

ADJOURNMENT

Upon motion of Senator Enos, seconded by Senator Algiere, the Senate adjourns at 4:52 o'clock P.M.

RAYMOND T. HOYAS, JR.
Clerk of the Senate

Appendix

INVOCATION
SENATOR M. TERESA PAIVA WEED

Almighty God, help us through the stresses and strains of the day by granting us your serenity and peace. Amen.

Appendix

CALENDAR

In order for Wednesday, March 31, 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-H5168) An Act relating to tax exemption - Westerly.

Committee on Corporations recommends passage in concurrence.

10. (99-S 483) An Act relating to labor and labor relations.

Committee on Labor recommends passage.

11. (99-S 485) An Act relating to insurance -workers' compensation insurance.

Committee on Labor recommends passage.

12. (99-S 487) An Act relating to labor and labor relations- payment of wages.

Committee on Labor recommends passage.

13. (99-S 521) An Act relating to taxation -town of Cumberland.

Committee on Corporations recommends passage.

14. (99-S 420) An Act relating to the Rhode Island Resource Recovery Corporation.

Committee on Finance recommends passage.

15. (99-S 488) An Act relating to expedited permit process.

Committee on Labor recommends passage.

16. (99-S 350) An Act relating to Superior Court.

Committee on Judiciary recommends passage.

17. (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.

18. (99-S551) (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".

19. (99-S 715) An Act relating to health and safety - Commission on Deaf and Hearing Impaired.

Committee on Health, Education and Welfare recommends passage.

20. (99-S 716) An Act relating to business and professions- interpreters for the deaf.

Committee on Health, Education and Welfare recommends passage.

21. (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.

22. (99-S 511) An Act relating to insurance.

Committee on Corporations recommends passage.

23. (99-S 512) An Act relating to insurance.

Committee on Corporations recommends passage.

24. (99-S 518) An Act relating to insurance self compliance self audit.

Committee on Corporations recommends passage.

25. (99-S 605) An Act relating to businesses and professions- telecommunication.

Committee on Corporations recommends passage.

26. (99-S 417) An Act relating to state affairs and government.

Committee on Finance recommends passage.

27. (99-S 803) An Act relating to labor and labor relations- fair employment practice.

Committee on Labor recommends passage.

Appendix

CALENDAR

In order for Tuesday, April 6, 1999:

1. (99-S 140 as amended) An Act relating to financial institutions- powers and operations.

Committee on Corporations recommends passage as amended.

2. (99-S 367) (Substitute "A" as amended) An Act relating to health and safety - tattooing and body piercing.

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

3. (99-S 370)An Act relating to towns and cities - zoning ordinances.

Committee on Corporations recommends passage.

4. (99-S 458) An Act relating to towns and cities - ordinances.

Committee on Corporations recommends passage.

5. (99-S 552) An Act relating to liability companies and limited partnerships - formation, conversion, and cancellation.

Committee on Corporations recommends passage.

6. (99-S 559) An Act relating to barbers, hairdressers, cosmeticians, manicurists and estheticians.

Committee on Corporations recommends passage.

7. (99-S 574) An Act relating to boats.

Committee on Corporations recommends passage.

8. (99-S 630) (Substitute "A" as amended) An Act relating to credit unions - investment of funds.

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

9. (99-S 838) An Act relating to agriculture and forestry- tree wardens.

Committee on Corporations recommends passage.

10. (99-S 850 as amended) An Act relating to school funds and property.

Committee on Corporations recommends passage as amended.

11. (99-S 857) An Act authorizing the town of Coventry to finance the construction, renovation, improvement, alteration, repair, furnishing and equipping of schools and school facilities in the town including but not limited to, a new elementary school, and addition to Coventry High School to house a career and technical facility, and athletic complex, and addition to Coventry Middle School and renovations and improvements to existing schools and school facilities by the issuance of not more than $34,000,000 bonds and/or notes therefor.

Committee on Corporations recommends passage.

12. (99-S 892 as amended) An Act relating to taxation.

Committee on Corporations recommends passage as amended.

13. (99-S 894) An Act relating to mandated benefits review act.

Committee on Corporations recommends passage.

14. (99-S 895) An Act relating to the Coventry Fire Department.

Committee on Corporations recommends passage.

15. (99-S 896 as amended) An Act relating to taxation.

Committee on Corporations recommends passage as amended.

16. (99-S 897 as amended) An Act relating to taxation.

Committee on Corporations recommends passage as amended.

17. (99-S 904 as amended) An Act relating to insurance - motor vehicle body replacement parts.

Committee on Corporations recommends passage as amended.

18. (99-S 906) An Act validating and ratifying amendments to the Home Rule Charter of the town of Bristol.

Committee on Corporations recommends passage.

19. (99-S 907) An Act establishing the Smithfield land trust.

Committee on Corporations recommends passage.

20. (99-S 174) An Act relating to animals and animal husbandry dogs.

Committee on Special Legislation recommends passage.

21. (99-S 175) An Act relating to animals and animal husbandry dogs.

Committee on Special Legislation recommends passage.

22. (99-S 495) An Act relating to animals and animal husbandry dogs.

Committee on Special Legislation recommends passage.

23. (99-S 497) An Act relating to animals and animal husbandry.

Committee on Special Legislation recommends passage.

24. (99-S 760) An Act relating to animals and animal husbandry.

Committee on Special Legislation recommends passage.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Tuesday, March 30, 1999

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