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. 55 Thursday, May 20, 1999 Fifty-fifth Day


The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Charles J. Fogarty, at 4:00 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, Caprio, Celona, Cicilline, Coderre, Connors, Gate, DaPonte, Doneian, Enos, Felag, Flynn, Fogarty, GalJo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Mantelbano, 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 Felag, to deliver the invocation.

(See Appendix for Invocation)


PLEDGE OF ALLEGIANCE TO THE FLAG


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

APPROVAL OF RECORD


The Senate Journal of Wednesday, May,! 9, 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.

CORRECTION


The Senate Journal of Wednesday, May 12, 1999, shall be corrected on page 2, column 2, line 17, by recording (99-H 5515) An Act relating to public utilities and carriers - towing storage act, as being held on the desk.

FROM THE


HOUSE OF REPRESENTATIVES


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

(99-H 5975) (Substitute "A") An Act relating to the General Assembly.

Senator Coderre requests unanimous consent for immediare consideration.

Unanimous consent for immediate consideration is granted.

Senator Coderre, moves passage, seconded by Senators Kelly, Enos, Walton, Perry, Kells, DaPonte, Oster, Graziano, Algiere, Blais, Breene, Igliozzi, Tocco, Celona, Algiere, Felag, McBurney and many others.

Senators Coderre, Cicilline, Algiere, Graziano, Irons, Izzo, Lenihan, Walton, Issa and Kelly discuss the act.

The bill marked Substitute "A" is read and passed, in concurrence, and the original bill indefinitely postponed, by unanimous consent, upon a roll call with 48 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 48; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Gate, DaPonte, DoneJan, Enos, Felag, Flynn, Fogarty, GalJo, Gibbs, Goodwin, Graziano, I~ozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -O.

GUESTS


Upon suggestion of Senator Coderre, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber John Nazarian, President of Rhode Island College, his sisters Mary Zompa and Donna Salhany and his sister-in-law Pat Nazarian.

FROM THE


HOUSE OF REPRESENTATIVES


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

(99-H 6252) An Act relating to size, weight, and load limits.

Read and referred to the Committee on Corporations.

Also:

(99-H 6296) An Act relating to taxation - town of Exeter.

Read and referred to the Committee on Corporations.

Also:

(99-H 6297) An Act relating to real estate taxation - totally disabled adults.

Read and referred to the Committee on Corporations.

Also:

(99-H 6365) An Act confirming the approval of Chapter 6 of the Public Laws of 1998 entitled "An Act authorizing the town of Burrillville to finance the construction, equipping and furnishing of an addition to and remodeling, reconstructing and making extraordinary repairs to the High School and to issue not more than $12,500,000 bonds therefor" by the town of Burrillville.

Read and referred to the Committee on Corporations.

Also:

(99-H 6393) An Act authorizing the city of Pawtucket to provide for the purchase, development, renovation, reconstruction and equipping of public recreation facilities, including, but not limited to sports fields, in the city of Pawtucket and authorizing the financing thereof, including the issue of not more than $1,500,000 bonds and notes therefor.

Read and referred to the Committee on Corporations.

Also:

(99-H 6394) An Act authorizing the city of Pawtucket to provide for the construction and reconstruction of streets and sidewalks in the city of Pawtucket and authorizing the financing thereof, including the issue of not more than $500,000 bonds and notes therefor.

Read and referred to the Committee on Corporations.

Also:

(99-H 6395) An Act authorizing the city of Pawtucket to provide for the construction and reconstruction of sanitary and storm drains in the city of Pawtucket and authorizing the financing thereof, including the issue of not more than $250,000 bonds and notes therefor.

Read and referred to the Committee on Corporations.

Also:

(99-H 6396) An Act authorizing the city of Pawtucket to provide for the renovation and improvements of public buildings in the city of Pawtucket and authorizing the financing thereof, including the issue of not more than $250,000 bonds and notes therefor.

Read and referred to the Committee on Corporations.

Also:

(99-H 6397) An Act authorizing the city of Pawtucket to p~vide for the renovation and equipping of public school buildings in the city of Pawtucket and authorizing the financing thereof, including the issue of not more than $1,150,000 bonds and notes therefor.

Read and referred to the Committee on Corporations.

Also:

(99-H 5026) (Substitute "A") An Act relating to public utilities.

Read and referred to the Committee on Labor.

Also:

(99-H 6330) An Act reinstating and restoring forfeited or revoked corporate charters.

Read and ordered to be placed on the Consent Calendar.

Also:

(99-H 6388) An Act to vacate the forfeiture or revocation of the charter of Interior Creations, Inc.

Read and ordered to be placed on the Consent Calendar.

Also:

(99-H 5272) An Act naming the intersection of Hartford Avenue and Atwood Avenue as Citizens Square.

Read and ordered to be placed on the desk.

Also:

(99-H 5358) (Substitute "A") An Act relating to motor and other vehicles.

Read and ordered to be placed on the desk.

Also:

(99-H 5536) An Act relating to General Assem bly - Joint Committee on Naming New Buildings.

Read and ordered to be placed on the desk.

Also:

(99-H 5539) An Act relating to the General Assembly - Joint Committee on Naming New Buildings.

Read and ordered to be placed on the desk.

Also:

(99-H 6232 as amended) An Act relating to naming all new buildings, bridges, edifices, and other state constructions.

Read and ordered to be placed on the desk.

Also:

(99-H 6276 as amended) An Act relating to water and navigation.

Read and ordered to be placed on the desk.

Also:

(99-H 6444) An Act relating to state affairs and government.

Read and ordered to be placed on the desk.

GUESTS


Upon suggestion of Senator Fogarty, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Helen FFairbrother Moroney and Ann B. Fagen Polacek.

REPORTS OF COMMITTEE
TRANSFER OF BILLS


Senator Izzo, from the Committee on Health, Education and Welfare, in accordance with Senate Rule 6.14, moves to transfer the following bills from the Committee on Health, Education and Welfare to the Committee on Special Legislation:

(99-S 986) An Act relating to persons with disabilities.

Read and referred to the Committee on Special Legislation.

(99-H 5499) An Act relating to animals and animal husbandry- dogs.

Read and referred to the Committee on Special Legislation.


NEW BUSINESS


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

Senators Fogarty, Walaska, Felag, McCaffrey, Gallo and others present (99-S 1029) An Act relating to the regulation of earth removal in the town of Burrillville.

Read and referred to the Committee on Corporations.

Senators Felag and Parella present (99-S 1030) An Act exempting from taxation a portion of real, mixed and personal property of Warren Preservation Society.

Read and referred to the Committee on Corporations,

Senators Kelly and Algiere present (99-S 1031) An Act reinstating and restoring forfeited or revoked corporate charters.

Read ordered to be placed on the Consent Calendar.

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

Senators Izzo, Perry, Walton, Enos, Goodwin and others present (99-S 1032) An Act relating to lead hazard mitigation.

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

Senators Cicilline, Paiva Weed and Gibbs present (99-S 1033) Senate Resolution congratulating Mary Connolly on her retirement after 29 years of outstanding service to the Newport School Department.

Senator Cicilline requests unanimous consent for immediate consideration.

Unanimous consent for immediate considera tion 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.

Senators Graziano, Parella, Kells, Caprio, Walton and others present (99-S 1034) Senate Resolution Sister Mary Reilly, R.S.M. on her retirement after 19 years of outstanding service and dedication at Dorcas Place.

Senator Graziano requests unanimous consent for immediate consideration.

Unanimous consent for immediate considera tion is granted.

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

GUESTS


Upon suggestion of Senators Parella, Graziano, Kells and Kelly, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Sister Mary Reilly, R.S.M.

CONSENT CALENDAR




In order for the day is taken up as follows:

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

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

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.

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.

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

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

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

COMMUNICATION


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

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER



STATEMENT OF POTENTIAL CONFLICT


To the Honorable Senate:

I, Joseph A. Montalbano, 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 ofl1cial capacity, I may be expected or required to vote or participate in the deliberations of bill (99-S 832) (Substitute "A"), 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.Per Ethics Commission opinion May, 1999.

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

JOSEPH A. MONTALBANO
Senator, District 37

Subscribed and sworn to before me this 20th day of May, 1999.





RAYMOND T. HOYAS, JR.
Notary Public


Ordered to be placed on file.

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER



STATEMENT OF POTENTIAL CONFLICT


To the Honorable Senate:

I, Catherine E. Graziano, 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 932) (Substitute "A"), 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 have requested an Ethics opinion which will not be available before June 8, 1999.

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

CATHERINE E. GRAZIANO
Senator, District 5

Subscribed and sworn to before me this 20th day of May, 1999.





RAYMOND T. HOYAS, JR.
Notary Public


Ordered to be placed on file.

CALENDAR


In order for the day is taken up as follows:

1. (99-S932) (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".

Senator Paiva Weed moves passage, seconded by Senators Kelly, Coderre, Goodwin, Walton, Perry, Oster, Tocco, Walsh, Badeau and others.

Senator Oster discusses the act.

Senator Paiva Weed, seconded by Senators Coderre, Cicilline, Badeau, Irons and others, offers the following written motion to amend:

FLOOR AMENDMENT

TO



(99-S 932) (Substitute "A")


Mr. President:

I hereby move to amend (99-S 932) (Substitute "A") entitled "AN ACT RELATING TO THE RHODE ISLAND TRAFFIC SAFETY AND ACCOUNTABILITY ACT OF 1999", as follows:

1. On page 36, line 11, insert the following language after the word "who": subject to the labor laws of this state and any applicable collective bargaining agreement,".

2. On page 47, line 10, insert the words "or she" after the word "he".

3. On page 61, lines 6, 7, and 9, delete the words "hearing impaired" and insert in lieu thereof the words "hard-of-hearing".

Respectfully submitted,

M. TERESA PAIVA WEED
Senator, District 49

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

YEAS 44: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Gate, DaPonte, DoneJan, Enos, Felag, Flynn, Fogarty, GalJo, Gibbs, Goodwin, Igliozzi, Irons, Issa, Iszo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Ruggerio, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

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

FLOOR AMENDMENT

TO



(99-S 932) (Substitute "A")


Mr. President:

I hereby move to amend (99-S 932) (Substitute "A") entitled "AN ACT RELATING TO THE RHODE ISLAND TRAFFIC SAFETY AND ACCOUNTABILITY ACT OF 1999", by deleting the following language on page 35, line 30 through page 36, line 2:

provided, however, that effective July 1, 1000 the first clerk of the traffic tribunal shall be that person holding the position of administrator/clerk of the administrative adjudication courts as of May 1, 1008, and that person shall hold office for the balance of a term of twelve (12) years which began on September 1, 1002, without the necessity of appointment by the governor or advice and consent of the senate";

and by inserting the following language on page 62 after line 4:

"CONSTRUCTION

SECTION 1. Nothing in this act shall be construed to limit the liability of employees of the Administrative Adjudication Court for actions done previous to the effective date of this act. It is the intent of the general assembly that all rights and actions which may exist against saud persons civilly, criminally, or for potential or existing disciplinary actions are preserved.

ARTICLE VII''

Respectfully submitted,

JOHN PATTERSON
Senator, District 23

Senators Roberts and Patterson discuss the amendment.

The motion to amend fails of passage upon a roll call vote with 10 Senators voting in the affirmative and 32 Senators voting in the negative as follows:

YEAS - 10: Senators Algiere, Bates, Blais, Breene, Gibbs, Parella, Patterson, Sasso, Walaska, Walsh.

NAYS - 32: Senators Alves, Badeau, Caprio, Celona, Cicilline, Coderre, Connors, DaPonte, DoneJan, Enos, Felag, Fogarty, GalJo, Goodwin, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Oster, Paiva Weed, Perry, Raptakis, Revens, Ruggerio, Sosnowski, Tocco, Walton.

Senators Alves, Paiva Weed, Walaska, Ruggerio and Flynn discuss the act.

Upon motion of Senator Paiva Weed, seconded by Senators Coderre and Cicilline, the bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, upon a roll call vote with 44 Senators voting in the affirmative, 2 Senators voting in the negative and 2 Senators abstaining as follows:

YEAS - 44: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, DaPonte, DoneJan, Enos, Felag, Flynn, Fogarty, GalJo, Gibbs, Goodwin, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaftrey, McDonald, Oster, Paiva Weed, Parella, Perry, Raptakis, Revens, Roberts, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS - 2: Senators Cote, Patters. ABSTAINED - 2: Senators Graziano, Montalbano.

3. (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".

Senator Irons moves passage, seconded by Senators Cote and 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 47 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 47: Senators Algiere, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Gate, DaPonte, DoneJan, Enos, Felag, Flynn, Fogarty, GalJo, Gibbs, Goodwin, Graziano, Iglioz~i, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

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

Committee on Corporations recommends passage.

Upon suggestion of Senator Blais, and without objection, ordered to be placed at the bottom of the Calendar.

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".

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

COMMUNICATION


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

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER



STATEMENT OF POTENTIAL CONFLICT


To the Honorable Senate:

I, Dennis L. AJgiere, 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 140) (Substitute A ),now pending before the Senate oracommittee 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 of The Washington Trust Company.

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

DENNIS L. ALGIERE
Senator, District 26

Subscribed and sworn to before me this 20th day of May, 1999.

JEFFREY A. LANPHEAR
Notary Public


Ordered to be placed on file.

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER



STATEMENT OF POTENTIAL CONFLICT


To the Honorable Senate:

I, Leo R. Blais, 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 140) (Substitute A 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 a director of the Coventry Credit Union.

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

LEOR.BLAIS
Senator, District 21

Subscribed and sworn to before me this 20th day of May, 1999.

JEFFREY A. LANPHEAR
Notary Public


Ordered to be placed on file.

CALENDAR




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".

Senator DaPonte moves passage, seconded by Senators Goodwin, Coderre, Connors, Celona, Tocco, Sasso, Ruggerio 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 45 Senators voting in the affirmative, 0 Senators voting in the negative and 2 Senators abstaining as follows:

YEAS - 45: Senators Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, DaPonte, DoneJan, Enos, Felag, Flynn, Fogarty, GalJo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Iz~o, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbana, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0. ABSTAINED - 2: Senators Algiere, Blais.

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

Committee on Corporations recommends passage.

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



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

Committee on Corporations recommends passage.

Senator Flynn moves passage, seconded by Senators Algiere, Sasso and Fogarty.

The act is read and passed, by unanimous consent, upon a roll call vote with 47 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 47: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, DaPonte, DoneJan, Enos, Felag, Flynn, Fogart~, GalJo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

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.

Senator Flynn moves passage, seconded by Senator Breene.

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, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Gate, DaPonte, DoneJan, Enos, Felag, Flynn, Fogarty, GalJo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

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

Committee on Corporations recommends passage.

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

The act is read and passed, by unanimous consent, upon a roll call vote with 48 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 48: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Gate, DaPonte, DoneJan, Enos, Felag, Flynn, Fogarty, GalJo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Mantalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

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

Committee on Corporations recommends passage.

Senator Parella moves passage, seconded by Senators Felag and Enos.

The act is read and passed, upon a roll call vote with 45 Senators voting in the affirmative and 2 Senators voting in the negative as follows:

YEAS - 45: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, DaPonte, DoneJan, Enos, Felag, Flynn, Fogarty, GalJo, Gibbs, Goodwin, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS - 2: Senators Graziano, Ruggerio.

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

Committee on Special Legislation recommends passage in concurrence.

Senator Algiere moves passage, seconded by Senator Goodwin.

The act is read and passed, in concurrence, upon a roll call vote with 44 Senators voting in the affirmative and 1 Senator voting in the negative as follows:

YEAS 44: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, DaPonte, DoneJan, Enos, Felag, Flynn, Fogarty, GalJo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Igzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbana, Oster, Paiva Weed, Parella, Patterson, Perry, Revens, Roberts, Ruggerio, Sasnowski, Tocco, Walaska, Walsh, Walton.

NAYS - 1: Senator Raptakis.

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".

Senator Badeau moves passage, seconded by Senators Bates, Ruggerio, Tocco and Oster.

Senator Bates, seconded by Senators Irons and Badeau, offers the following written motion to amend:

FLOOR AMENDMENT

TO



(99-S 866) (Substitute "A")


Mr. President:

I hereby move to amend (99-S 866) (Substitute "A") entitled "AN ACT RELATING TO BUSINESSES AND PROFESSIONS - CONTRACTOR'S REGISTRATION", by deleting the language on page 5, line 7 through 19, and by inserting the following language in place thereof:

"6-6g-7.1.NOTICE OF CANCELLATION OR FAILURE TO RENEW POLICIES.- Upon the cancellation or failure to renew, the insruance company having written a liability policy, as described in section 5-6g-7, shall notify the director of the Contractors' Registration Board of the cencellation or failure to renew. The policy continued in effect until ten (10) days after written notice of the cancellation is given to the director of the Contractors' Registration Board of the cancellation or termination of the liability policy by the issuing insurance company or companies in addition to any other notices which may be required by law. Any insurance company that fails to notify the director as required in this section shall be subject to prosecution for a mesdemeanor and upon conviction thereof may be punished by a fine of not more than two hundred fifty dollars ($250.0O) for each offense. All criminal actions for any violation of this section shall be prosecuted by the attorney general. The attorney general shall prosecute actions to enforce the payment penalties and fines at the request of the director.

SECTION 2. This act shall take effect on January 1, 2000."

Respectfully submitted,

DAVID E. BATES
Senator, District 44

The motion to amend prevails 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, Caprio, Celona, Cicilline, Coderre, Connors, Gate, DaPonte, DoneJan, Enos, Felag, Flynn, Fogarty, GalJo, Gibbs, Goodwin, Graziano, Igliozzi, Issa, Izzo, Kells, Kelly, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

Upon motion of Senator Badeau, seconded by Senator Ruggerio, 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 48 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 48: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Codette, Connors, Gate, DaPonte, Doneian, Enos, Felag, Flynn, Fogarty, GalJo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Ruggerio, Sasso, Sosnowski, Tacco, 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.

ADJOURNMENT




Upon motion of Senator Kelly, seconded by Senator Algiere, and upon suggestion of Senator Coderre, the Senate adjourns at 5:05 o'clock P.M., on a unanimous rising vote, as a further mark of respect to the memory of the Honorable James J. Pollitt, Sr. of Pawtucket, former State Senator and a longtime member of the Pawtucket Zoning Board.



RAYMOND T. HOYAS, JR.
Clerk of the Senate


Appendix



INVOCATION

SENATOR WALTER S. FELAG



Almighty God, grant to us Your servants patience, charity, and wisdom for our tasks. Answer our prayers and those of our constituents. Make us instrumental in promoting Your Will. Amen.



Appendix



CONSENT CALENDAR




In order for Tuesday, May 25, 1999:

1. (99-S 1031) An Act reinstating and restoring forfeited or revoked corporate charters.

Ordered on the Consent Calendar.

2. (99-H6330) An Act reinstating and restoring forfeited or revoked corporate charters.

Ordered on the Consent Calendar.

3. (99-H6388) An Act to vacate the forfeiture or revocation of the charter of Interior Creations, Inc.

Ordered on the Consent Calendar.



RAYMOND T. HOYAS, JR.
Clerk of the Senate
Thursday, May 20, 1999

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

Committee on Corporations recommends passage.

4. (99-S840) An Act establishing the Coventry land trust.

Committee on Corporations recommends passage.

5. (99-S393) An Act relating to courts and civil procedure- court reporting.

Committee on Judiciary recommends passage.

6. (99-S517 as amended) An Act relating to business and professions- home inspectors.

Committee on Corporations recommends passage as amended.

7. (99-S 854) An Act relating to taxes -collection of taxes generally.

Committee on Corporations recommends passage.

8. (99-S1015) An Act relating to taxation.

Committee on Corporations recommends passage.

9. (99-H5406) An Act relating to the city of East Providence.

Committee on Corporations recommends passage in concurrence.

10. (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.

11. (99-H6089) An Act relating to towns and cities - town housing authority.

Committee on Corporations recommends passage in concurrence.

12. (99-H6151) An Act relating to levy and assessment of local taxes.

Committee on Corporations recommends passage in concurrence.

13. (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.

14. (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".

15. (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".

16. (99-S869) An Act relating to property -rule against perpetuities.

Committee on Judiciary recommends passage.

17. (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
Thursday, May 20, 1999



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