SENATE JOURNALS 05-13-1999

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. 52 Thursday, May 13, 1999 Fifty-second Day

The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Charles J. Fogarty, at 4:10 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, Ceiona, Ciciiline, Coderre, Connors, Gate, Damiani, Doneian, Enos, Feiag, Flynn, Fogarty, Galia, Gibbs, Goodwin, Graziano, Igiiozzi, Irons, Issa, Izzo, Keils, Kelly, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Pareiia, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Waiaska, Walsh, Walton.

ABSENT - 3: Senators Aives, DaPonte, Lenihan

INVOCATION

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

(See Appendix for Invocation)

PLEDGE OF ALLEGIANCE TO THE FLAG

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

CORRECTION

The Senate Journal of Wednesday, May 12, 1999, shall be corrected on page 4, under the Consent Calendar, by recording the advice and consent of the Senate being given to the appointment of Mario Mancieri and placing the reappointment of the Honorable Frank Caprio, on the Calendar for Thursday, May 13, 1999.

APPROVAL OF RECORD

The Senate Journal of Wednesday, May 12, 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 corrected.

GUESTS

Upon suggestion of Senators Flynn, Sasso and McBurney, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber his brother, the Honorable James P. Flynn, former State Senator and Harold Shurtleff of Hyde Park, Massachusetts.

Upon suggestion of Senator Kelly, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Sally Dowling, Chair of the Board of Governors for Higher Education.

Upon suggestion of Senators Izzo and Sasso, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the Honorable John O'Leary, Mayor of Cranston.

EFFECTIVE WITHOUT
THE SIGNATURE OF THE GOVERNOR

His Honor, the Lieutenant Governor, presents an announcement of the receipt by the Secretary of State of the following measure which became effective without the signature of His Excellency, the Governor on May 12, 1999.

(99-S 957) An Act to vacate the forfeiture or revocation of the charter of Tite Tolerance, Inc.

JAMES R. LANGEVIN
Secretary of State

Received and ordered to be placed on file.

APPOINTMENT BY THE GOVERNOR

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

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE

Lincoln Almond
Governor

May 4, 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 appointment to the Rhode Island Public Telecommunications Authority:

Roger P. Boudreau of North Smithfield
VICE
Victoria Veh

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.

COMMUNICATION

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

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER
May 11, 1999

His Honor, Charles J. Fogarty
Lieutenant Governor
Room 116, State House
Providence, RI 02903

HAND DELIVERED

Dear Governor Fogarty:

Please be advised that I will be unable to attend the Senate session on Thursday, May 13th, due to the fact that I will be out of state on personal business. I would like this notice to appear in the Senate Journal of Thursday, May 13, 1999.

Sincerely,

DANIEL DaPONTE
Senator, District 42

Received and ordered to be placed on file.

FROM THE

HOUSE OF REPRESENTATIVES

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

(99-H 5644) (Substitute "A") An Act relating to businesses and professions.

Read and referred to the Committee on Corporations.

Also:

(99-H 6159) An Act relating to cities and towns - telecommunications.

Read and referred to the Committee on Corporations.

Also:

(99-H 6327) (Substitute "A") An Act relating to corporations, associations and partnerships limited liability partnerships and the Rhode Island limited liability company act.

Read and referred to the Committee on Corporations.

Also:

(99-H 5914) An Act relating to property redemption, release, and transfer of mortgages.

Read and referred to the Committee on Judiciary.

Also:

(99-H 5954) (Substitute "A" as amended) An Act relating to confidential records.

Read and referred to the Committee on Judiciary.

REPORT OF COMMITTEE
COMMITTEE ON CORPORATIONS

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

(99-S 1001) An Act relating to municipal courts - city of Cranston.

Read and ordered to be placed on the Calendar.

NEW BUSINESS

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

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

Senators Cote, Cicilline, Perry, Badeau, Walton and others present (99-S 1016) An Act relating to state affairs and government equal opportunity college scholarship grant fund.

Read and referred to the Committee on Finance.

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

Senators Parella and Graziano present (99-S 1017) An Act relating to adult education.

Read and referred to the Committee on Finance.

CALENDAR

In order for the day is taken up as follows:

2. (99-S393) An Act relating to courts and cit procedure court reporting.

Committee on Judiciary recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, May 18, 1999.

3. (99-S765) (Substitute "A") An Act relating to transportation of beverages.

Committee on Special Legislation recommends indeflnite postponement of the original bill and passage of Substitute "A".

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

5. (99-S 866) (Substitute "A") An Act relating to businesses and professions - contractor's registration.

Committee on Corporations 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, May 20, 1999.

1. Reappointment of the Honorable Frank Caprio of Providence to the Board of Governors for Higher Education for a term expiring January 31,2002.

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

Senator Coderre, seconded by Senators Kelly, Goodwin, Walton, Gallo, Walaska, Kells, Connors, Irons, Algiere, Breene, Roney, Walsk, Badeau, Tocco, Blais, Sosnowski, McBurney and many others, moves that confirmation of the Senate be given this appointment.

Senators McBurney, Cicilline, Perry, Walton, Roney, Igliozzi, Celona, Irons, McDonald and Algiere discuss the confirmation.

By unanimous consent, the confirmation of the Senate is given this appointment, 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, Badeau, Bates, Blais, Breene, Caprio, Celona, Ciciiiine, Coderre, Connors, Gate, Damiani, Donelan, Enos, Feiag, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton

NAYS -0.

GUEST

Upon suggestion of Senator Kelly, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the Honorable Frank Caprio of Providence.

CALENDAR

4. (99-S508) (Substitute "A" as amended) An Act relating to motor and other vehicles -responsibility of owners of rental vehicles.

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

Senator Ruggerio moves passage, seconded by Senator Roberts.

The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 40 Senators voting in the afiirmative and 0 Senators voting in the negative as follows:

YEAS - 40: Senators Algiere, Bates, Blais, Breene, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Felag, Fogarty, GalIa, Gibbs, Goodwin, Graziano, Igli~:':i, Irons, Issa, Izzo, Keils, Kelly, McBurney, McCanrey, ~eDon~ld, Montalbano, Oster, Paiva Weed, Parella, Patterson, Roberts, Ruggerio, Sasso, Sosnowski, Tocco, Walasl:a, WB]th, Walton.

NAYS -0.

6. (99-S903) (Substitute "A") An Act relating to corporations, associations and partnerships -corporations general provisions.

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

Senator Bates moves passage, seconded by Senator Tocco.

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, 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, Coderre, Connors, Gate, Damiani, Doneian, Enas, Feiag, Fogarty, GalIa, Gibbs, Goodwin, Graziano, Igiiozzi, Irons, Issa, Izzo, Kells, Kelly, McBurney, McCaffrey, McDonald, Mantalbano, Oster, Paiva Weed, Parella, Patter-son, Perry, Raptakis, Roberts, Roney, Sasso, Sosnawski, Tocca, Waiaska, Walsh, Walton.

NAYS -0.

7. (99-S909) An Act relating to Winnisimet Farm Road District.

Committee on Corporations recommends passage.

Senator Enos moves passage, seconded by Senators Coderre, Cicilline and others.

The act is read and passed, 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, Badeau, Bates, Biais, Breene, Celona, Ciciliine, Coderre, Connors, Gate, Damiani, Daneian, Enos, Felag, Fogarty, Galia, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, McBurney, McCaffrey, McDonaid, Mantaibano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggeria, Sasso, Sosnowski, Tacco, Walaska, Walsh, Walton.

NAYS -0.

8. (99-S 951) An Act validating and ratifying amendments to home rule charter of the town of North Kingstown.

Committee on Corporations recommends passage.

Senator Patterson moves passage, seconded by Senators Blais and Parella.

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, Badeau, Bates, Blais, Breene, Celona, Cicilline, Caderre, Connors, Gate, Damiani, Doneian, Enos, Felag, Fogarty, Galia, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Keils, Kelly, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS - 0.

9. (99-S 959) An Act relating to town of Tiverton Municipal Juvenile Hearing Board.

Committee on Corporations recommends passage.

Senator Enos moves passage, seconded by Senator Felag.

The act is read and passed, by unanimous consent, upon a roll call vote with 43 Senators voting in the afiirmative and 0 Senators voting in the negative as follows:

YEAS - 43: Senators Algiere, Badeau, Bates, Blais, Breene, Celona, Cicilline, Coderre, Connors, Gate, Damiani, Doneian, Enas, Felag, Fogarty, Galia, Gibbs, Goodwin, Graziano, Igliazzi, Irons, Issa, Izzo, Kells, Kelly, McBurney, McCaf'rey, McDonaid, Mantalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptal:is, Roney, Ruggerio, Sasso, Sesno~~, Tacco, Walaska, Walsh, Walton.

NAYS -0.

10. (99-S967) An Act relating to the Little Compton Agricultural Conservancy Trust.

Committee on Corporations recommends passage.

Senator Enos moves passage, seconded by Senators Irons and Coderre.

The act is read and passed, by unanimous consent, upon a roll call vote with 42 Senators voting in the aftirmative and 0 Senators voting in the negative as follows:

YEAS - 42: Senators Algiere, Badeau, Bates, Blais, Breene, Celana, Ciciliine, Coderre, Connors, Gate, Damiani, Daneian, Feiag, Fagarty, Galia, Gibbs, Goodwin, Graziana, Igliozzi, Irons, Issa, Izza, Kells, Kelly, McBurney, McCaffrey, McDanald, Montalbano, Oster, Paiva Weed, Parelia, Patter-son, Perry, Raptakis, Roney, Ruggerio, Sasso, Sosnawski, Tocca, Waiaska, Walsh, Walton.

NAYS -0.

11. (99-S975) An Act relating to the city of Newport Juvenile Hearing Board.

Committee on Corporations recommends passage.

Senator Cicilline moves passage, seconded by Senators Paiva Weed and Tocco.

The act is read and passed, by unanimous consent, upon a roll call vote with 42 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 42: Senators Algiere, Badeau, Bates, Blais, Breene, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Felag, Galia, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, McBurney, McCaffrey, McDanald, Montalbano, Oster, Paiva Weed, Pareila, Patterson, Perry, Raptakis, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Waiaska, Walsh, Walton.

NAYS -0.

12. (99-S383) (Substitute "A") An Act relating to property tax relief - historical residences.

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

Senator Roney moves passage, seconded by Senators Roberts, Parella, Paiva Weed and others.

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, 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, Badeau, Bates, Biais, Breene, Celona, Cicilline, Coderre, Connors, Gate, Damiani, DaneIan, Felag, Flynn, Fagarty, Galia, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, McBurney, McCaffrey, McDonald, Mantalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocca, Walaska, Walsh, Walton.

NAYS -0.

13. (99-S 526) An Act relating to taxation -electronic funds transfer.

Committee on Finance recommends passage.

Senator Flynn moves passage, seconded by Senators Breene, Roberts and Parella.

The act is read and passed, by unanimous consent, upon a roll call vote with 42 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 42: Senators Algiere, Badeau, Bates, Blais, Breene, Celona, Ciciliine, Coderre, Connors, Gate, Damiani, Daneian, Feiag, Flynn, Fogarty, Galia, Gibbs, Goodwin, Graziana, Igliozzi, Irons, Issa, Izzo, Kells, McBurney, McCaffrey, McDonald, Mantalbano, Oster, Parella, Patterson, Perry, Raptakis, Roberts, Roney, Ruggerio, Sasso, Sasnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

14. (99-S593) (Substitute "A") An Act relating to Economic Development Corporation.

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

Senator Algiere moves passage, s~nded by Senators Blais, Enos and Patterson.

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 42 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 42: Senators Algiere, Badeau, Bates, Blais, Breene, Celona, Coderre, Connors, Gate, Damiani, DaneIan, Enas, Felag, Flynn, Fagarty, Galia, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, McBurney, McCaffrey, McDonaid, Montaibano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Roberts, Roney, Ruggerio, Sosnowski, Tocco, Walaska, Walton.

NAYS -0.

15. (99-S867) An Act relating to fiduciaries -trusts and trustees.

Committee on Judiciary recommends passage.

Senator Roney moves passage, seconded by Senators Perry, Montalbano and Irons.

Senator Irons discusses the act.

The act is read and passed, upon a roll call vote with 45 Senators voting in the affirmative and 1 Senator voting in the negative as follows:

YEAS - 45: Senators Aigiere, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Gate, Damiani, Daneian, Enas, Felag, Flynn, Fogarty, Galia, Gibbs, Goodwin, Graziana, Iglio~zi, Irons, Issa, Izzo, Kells, Kelly, McBurney, McCaffrey, McDanald, Montaibana, Oster, Parella, Patterson, Perry, Raptal::is, Revens, Roberts, Roney, Ruggeria, Sosnawski, Tocco, Walaska, Walsh, Walton.

NAYS - 1: Senator Sassa.

16. (99-S868) An Act relating to probate practice and procedure.

Committee on Judiciary recommends passage.

Senator Roney moves passage, seconded by Senators McDonald, Tocco and Montalbano.

Senator Montalbano discusses the act.

The act is read and passed, 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, Badeau, Bates, Blais, Breene, Capria, Celana, Cicilline, Caderre, Connors, Gate, Damiani, DoneIan, Enos, Feiag, Flynn, Fogarty, Galia, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izza, Kelis, Kelly, McBurney, McCaffrey, McDonald, Montalbana, Oster, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Raney, Ruggerio, Sassa, Sosnawski, Tocca, Walaska, Walsh, Walton.

NAYS - 0.

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.

ANNOUNCEMENT

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

ADJOURNMENT

Upon motion of Senator Kelly, seconded by Senator Algiere, the Senate adjourns at 4:40 o'clock P.M.

RAYMOND T. HOYAS, JR.
Clerk of the Senate

Appendix

INVOCATION
SENATOR DENNIS L. ALGIERE

Please bestow your special blessings an all assembled in this chamber, Lord. Help us to always bear in mind that the people who have elected us to serve them have placed their trust in our capabilities; may we serve them will in the ways which You have taught us. Amen.

Appendix

CALENDAR

In order for Tuesday, May 18, 1999:

1. (99-S 393) An Act relating to courts and civil procedure- court reporting.

Committee on Judiciary recommends passage.

Appendix

CALENDAR

In order for Wednesday, May 19, 1999:

1. (99-S 517 as amended) An Act relating to business and professions- home inspectors.

Committee on Corporations recommends passage as amended.

2. (99-S1001) An Act relating to municipal courts - city of Cranston.

Committee on Corporations recommends passage.

Appendix

CALENDAR

In order for Thursday, May 20, 1999:

1. (99-S 866) (Substitute "A") An Act relating to businesses and professions contractor's registration.

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

2. (99-S623) (Substitute "A") An Act relating to businesses and professions - landscape architects.

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

3. (99-S894) An Act relating to mandated benefits review act.

Committee on Corporations recommends passage.

4. (99-S461) (Substitute "A") An Act relating to businesses and professions - medical answering services,

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

5. (99-S140) (Substitute "A") An Act relating to financial institutions - powers and operations.

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

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Thursday, May 13, 1999

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