SENATE JOURNALS 05-19-1999

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. 54 Wednesday, May 19, 1999 Fifty-fourth 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 Algiere, Alves, Badeau, Bates, Blais, Breene, Canrio, Celona, Cicilline, Coderre, Connors, Cote, DaPonte, Doneian, Enos, Felag, Flynn, Fogarty, GalJo, Gibbs, Goodwin, Graziano, I~iozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, Mc~urney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

ABSENT - 2; Senators Damiani, Roney.

INVOCATION

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

(See Appendix for Invocation)

PLEDGE OF ALLEGIANCE TO THE FLAG

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

APPROVAL OF RECORD

The Senate Journal of Tuesday, May 18, 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 Coderre, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Joseph A. Mosca, a former Senate Aide, who recently received his Juris Doctorate from Quinnipiac College School of Law.

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 17, 1999

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 8-16-1 of the Rhode Island General Laws, I have made the following reappointment to the Commission on Judicial Tenure and Discipline;

George L. Santopietro, Esquire of Barrington

for a term expiring April 1, 2002.

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

Sincerely,

LINCOLN ALMOND
Governor

Read and referred to the Committee on Judiciary.

FROM THE
HOUSE OF REPRESENTATIVES

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

(99-H 5459 as amended) An Act relating to primary elections.

Read and referred to the Committee on Judiciary.

Also:

(99-H 5969) (Substitute "A" as amended) An Act relating to motor and other vehicles miscellaneous rules.

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

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 854) An Act relating to taxes collection of taxes generally.

Read and ordered to be placed on the Calendar.

(99-S 1015) An Act relating to taxation.

Read and ordered to be placed on the Calendar.

(99-H 5406) An Act relating to the city of East Providence.

Read and ordered to be placed on the Calendar.

(99-H 5476) (Substitute "A") An Act in amendment of the act entitled "An Act to incorporate the Providence Gas Company" passed at the June Session of the General Assembly A.D. 1847 as the same has been from time to time amended.

Read and ordered to be placed on the Calendar.

(99-H 6089) An Act relating to towns and cities - town housing authority.

Read and ordered to be placed on the Calendar.

(99-H 6151) An Act relating to levy and assessment of local taxes.

Read and ordered to be placed on the Calendar.

(99-H 6255) 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, an addition to Coventry High School to house a career and technical facility, an athletic complex, an 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.

COMMITTEE ON JUDICIARY

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

(99-S 300) (Substitute "A") An Act relating to levy and sale on execution.

Read and ordered to be placed on the Calendar.

(99-S 685) (Substitute "A") An Act relating to access to confidential records.

Read and ordered to be placed on the Calendar.

(99-S 869) An Act relating to property - rule against perpetuities.

Read and ordered to be placed on the Calendar.

(99-S 880) An Act relating to motor and other vehicles - motor vehicle offenses.

Read and ordered to be placed on the Calendar.

Senator Paiva Weed, from the Committee on Judiciary, reports back, with recommendation that confirmation of the Senate be given to the following:

Reappointment of Laura DiSano of Warwick to the Board of Governors for Higher Education for a term expiring January 31, 2002.

Read and ordered to be placed on the Calendar.

Reappointment of Dana Newbrook of Cumberland to the Board of Registration and Examination of Architects for a term expiring April 1, 2004.

Read and ordered to be placed on the Consent Calendar.

Appointment of James R. Carlson of Foster VICE Raymond A. DeCesare to the Board of Registration and Examination of Architects for a term expiring April 1, 2004.

Read and ordered to be placed on the Consent Calendar.

Appointment of Joseph A. Cirillo of Warwick VICE Glenn Gardiner to the Board of Registration and Examination of Architects for a term expiring April 1, 2004.

Read and ordered to be placed on the Consent Calendar.

Reappointment of Mark Saccoccio of Cranston to the Board of Registration and Examination of Architects for a term expiring April 1, 2004.

Read and ordered to be placed on the Consent Calendar.

Reappointment of Andrew Yates of Jamestown to the Board of Registration and Examination of Architects for a term expiring April 1, 2004.

Read and ordered to be placed on the Consent Calendar.

Appointment of Tom Schumpert of Cumberland VICE Barry Hitner (Resigned) as Director of the Department of Business Regulation.

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.

Senators Raptakis, Lenihan, Breene and Felag present (99-S 1018) Senate Resolution extending the reporting date of the special Senate commission to study the consolidation of retail business permits and fee collection forms.

Read and referred to the Committee on Special Legislation.

Senator Paiva Weed presents (99-S 1019) An Act relating to alcoholic beverages - retail licenses.

Read and referred to the Committee on Corporations.

Senators Damiani and Igliozzi present (99-S 1020) An Act renaming the Manton Avenue Bridge 78 to the Manton Village Bridge.

Read and referred to the Joint Committee on Naming State Constructions.

Senators Alves and Raptakis present (99-S1021) An Act relating to criminal procedure.

Read and referred to the Committee on Cbrporations.

Senators Alves and Raptakis present (99-S1022) An Act relating to animals and animal husbandry - West Warwick.

Read and referred to the Committee on Corporations.

Senators Damiani and Bates present (99-S1023) Senate Resolution congratulating Jack Savage on his retirement after 33 years of dedicated service.

Senator Bates requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senator Enos presents (99-S 1024) Senate Resolution congratulating the Tiverton High School Mock Trial Team on winning the Rhode Island Championship.

Senator Enos requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senators Goodwin, Ruggerio, Celona and Graziano present (99-S 1025) Senate Resolution congratulating Fr. Kenneth R. Letoile, O.P. on his 25th Anniversary as a Dominican Priest.

Senator Goodwin requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senators Kelly and Algiere present (99-S 1026) Senate Resolution congratulating Chris Bizzacco on his dedication and commitment to C.A.P.S.

Senator Kelly requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted. Upon motion of Senator Kelly, seconded by the entire Senate, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote. Senators Kelly and Algiere present (99-S 1027) Senate Resolution extending congratulations.

Senator Kelly requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senators Kelly and Algiere present (99-S 1028) An Act reinstating and restoring forfeited or revoked corporate charters.

Read and ordered to be placed on the Consent Calendar.

CALENDAR

In order for the day is taken up as follows:

1. (99-S393) An Act relating to courts and civil 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 25, 1999.

2. (99-S517 as amended) An Act relating to business and professions- home inspectors.

Committee on Corporations recommends passage as amended.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, May 25, 1999.

3. (99-S1001) An Act relating to municipal courts - city of Cranston.

Committee on Corporations recommends passage.

Senator Roberts moves passage, seconded by Senators Sasso, Gallo, Tocco and others.

The act is read and passed, upon a roll call vote with 44 Senators voting in the affirmative and 2 Senators voting in the negative as follows:

YEAS 44; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Oster, Paiva Weed, Patterson, Perry, Raptakis, Roberts, Ruggerio, Sasso, Sosnowski, Tocco, Walasl:a, Walsh, Walton.

NAYS - 2; Senators Kells, Revens.

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 Izzo announces that the Committee on Health, Education and Welfare will meet today at the rise of the Senate in Room 211 of the State House.

ADJOURNMENT

Upon motion of Senator Kelly, seconded by Senator Blais, the Senate adjourns at 4:22 o'clock P.M.

RAYMOND T. HOYAS, JR.
Clerk of the Senate

Appendix

INVOCATION
SENATOR DAVID E. BATES

Grant us light, O Lord, that we may know the wisdom which Thou alone can give. Guide us with your Truth and help us to serve well our fellow Rhode Islanders. Amen

Appendix

CONSENT CALENDAR

In order for Thursday, May 20, 1999:

1. Reappointment of Dana Newbrook of Cumberland to the Board of Registration and Examination of Architects for a term expiring April 1, 2004.

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

2. Appointment of James R. Carlson of Foster VICE Raymond A. DeCesare to the Board of Registration and Examination of Architects for a term expiring April 1, 2004.

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

3. Appointment of Joseph A. Cirillo of Warwick VICE Glenn Gardiner to the Board of Registration and Examination of Architects for a term expiring April 1, 2004.

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

4. Reappointment of Mark Saccoccio of Cranston to the Board of Registration and Examination of Architects for a term expiring April 1, 2004.

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

5. Reappointment of Andrew Yates of Jamestown to the Board of Registration and Examination of Architects for a term expiring April 1, 2004.

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

6. (99-S1028) An Act reinstating and restoring forfeited or revoked corporate charters.

Ordered on the Consent Calendar.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Wednesday, May 19, 1999

Appendix

CALENDAR

In order for Thursday, May 20, 1999:

1. (99-S 932) (Substitute "A") An Act relating to the Rhode Island Traffic Safety and Accountability Act of 1999.

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

2. (99-S866) (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".

3. (99-S 623) (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".

4. (99-S894) An Act relating to mandated benefits review act.

Committee on Corporations recommends passage.

5. (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".

6. (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".

7. (99-S840) An Act establishing the Coventry land trust.

Committee on Corporations recommends passage.

8. (99-S929) An Act establishing the Smithfield land trust.

Committee on Corporations recommends passage.

9. (99-S 994) An Act authorizing certain Smithfield police officers to join the municipal employees' retirement system of the state of Rhode Island.

Committee on Corporations recommends passage.

10. (99-S995) An Act relating to hawkers and peddlers.

Committee on Corporations recommends passage.

11. (99-S996) An Act permitting the town of Bristol to appoint a nonresident tree warden.

Committee on Corporations recommends passage.

12. (99-H6244) An Act relating to days of special observance.

Committee on Special Legislation recommends passage in concurrence.

Appendix

CALENDAR

In order for Tuesday, May 25, 1999:

1. Appointment of Tom Schumpert of Cumberland VICE Barry Hitner (Resigned) as Director of the Department of Business Regulation.

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

2. Reappointment of Laura DiSano of Warwick to the Board of Governors for Higher Education for a term expiring January 31, 2002.

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

3. (99-S393) An Act relating to courts and civil procedure- court reporting.

Committee on Judiciary recommends passage.

4. (99-S517 as amended) An Act relating to business and professions- home inspectors.

Committee on Corporations recommends passage as amended.

5. (99-S 854) An Act relating to taxes -collection of taxes generally.

Committee on Corporations recommends passage.

6. (99-S1015) An Act relating to taxation.

Committee on Corporations recommends passage.

7. (99-H5406) An Act relating to the city of East Providence.

Committee on Corporations recommends passage in concurrence.

8. (99-H 5476) (Substitute "A") An Act in amendment of the act entitled "An Act to incorporate the Providence Gas Company" passed at the June Session of the General Assembly A.D. 1847 as the same has been from time to time amended.

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

9. (99-H6089) An Act relating to towns and cities - town housing authority.

Committee on Corporations recommends passage in concurrence.

10. (99-H6151) An Act relating to levy and assessment of local taxes.

Committee on Corporations recommends passage in concurrence.

11. (99-H 6255) 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, an addition to Coventry High School to house a career and technical facility, an athletic complex, an 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 in concurrence.

12. (99-S300) (Substitute "A") An Act relating to levy and sale on execution.

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

13. (99-S685) (Substitute "A") An Act relating to access to confidential records.

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

14. (99-S869) An Act relating to property rule against perpetuities.

Committee on Judiciary recommends passage.

15. (99-S880) An Act relating to motor and other vehicles- motor vehicle offenses.

Committee on Judiciary recommends passage.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Wednesday, May 19, 1999

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