SENATE JOURNALS 05-25-1999

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. 56 Tuesday, May 25, 1999 Fifty-sixth 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 48 Senators present and 2 Senators absent as follows:

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

ABSENT - 2: Senators Darniani, Patterson.

INVOCATION

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

(See Appendix for Invocation)

PLEDGE OF ALLEGIANCE TO THE FLAG

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

APPROVAL OF RECORD

The Senate Journal of Thursday, May 20, 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 Fogarty, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Kevin Mitchell, Ken Mitchell, Kirstin Hatzell, Jeanie Hatzell and Brendan Mitchell.

Upon suggestion of Senator Kelly, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Thomas G. Day, District Manager of the United States Postal Service, Susan Rogers, Diversity Development and Dennis Maloney, Corporate Relations.

Upon suggestion of Senators Coderre and Walton, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Rosemary Santos, Executive Director of the Black & Brown Fund.

Upon suggestion of Senator Walton, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Joaquina Bela Teixeira, Interim Director, Rhode Island Black Heritage Society.

COMMUNICATION

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

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER

May 20, 1999

The Honorable Charles J. Fogarty
President of the Senate Senate Chamber, State House
Providence, RI 02903

Dear

Mr. President:

I will be unable to attend the Tuesday, May 25, 1999, legislative session as I will be out of state.

Would you please record my letter in the appropriate journal. Thank you for your assistance.

Sincerely,

JOHN PATTERSON
Senator, District 23

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 10, 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 appointment to the Board of Governors for Higher Education:

Frederick C. Lohrum of Middletown
VICE
John Sullivan

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.

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 21, 1999:

(99-S 340 as amended) An Act relating to solemnization of marriages.

JAMES R. LANGEVIN
Secretary of State

Received and ordered to be placed on file.

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 562) (Substitute "A") An Act relating to insurance insurance coverage for serious mental illness.

Read and ordered to be placed on the Calendar.

(99-S 681) (Substitute "A" as amended) An Act relating to insurance.

Read and ordered to be placed on the Calendar.

(99-S 998) (Substitute "A") An Act relating to uniform commercial code investment securities.

Read and ordered to be placed on the Calendar.

(99-S 1006) (Substitute "A") An Act relating to the sewer system in the town of Middletown.

Read and ordered to be placed on the Calendar.

(99-S 1014 as amended) An Act relating to businesses and professions.

Read and ordered to be placed on the Calendar.

(99-S 1029) An Act relating to the regulation of earth removal in the town of Burrillville.

Read and ordered to be placed on the Calendar.

(99-H 5421) An Act relating to taxation.

Read and ordered to be placed on the Calendar.

(99-H 5618) (Substitute "A") An Act relating to businesses and professions.

Read and ordered to be placed on the Calendar.

(99-H 5721) An Act relating to state affairs and government- distressed areas economic revitalization act.

Read and ordered to be placed on the Calendar.

(99-H 6040 as amended) An Act relating to businesses and professions- automobile body repair shops.

Read and ordered to be placed on the Calendar.

(99-H 6208) An Act establishing the Coventry land trust.

Read and ordered to be placed on the Calendar.

(99-H 6245) An Act relating to agriculture and forestry - tree wardens.

Read and ordered to be placed on the Calendar.

(99-H 6247) An Act relating to taxation -collection of taxes generally.

Read and ordered to be placed on the Calendar.

(99-H 6448) An Act to vacate the forfeiture or revocation of the charter of Bucky's Auto Sales, Inc.

Read and ordered to be placed on the Consent Calendar.

(99-H 6449) An Act to vacate the fbrleitiir'e or revocation of the charter of Santurri Realty, Inc.

Read and ordered to be placed on the Consent Calendar.

COMMITTEE ON JUDICIARY

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

(99-S 101) (Substitute "A" as amended) An Act relating to criminal offenses weapons.

Read and ordered to be placed on the Calendar.

(99-S 877) (Substitute "A" as amended) An Act relating to criminal injuries compensation.

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 Badeau, Cote and Kelly present (99-S 1035) An Act authorizing the city of Woonsocket to finance an addition to, and the construction, renovation, improvement, repair and furnishing of the Harris Public Library and the grounds around the library, including but not limited to, window and roof repair or replacement, parking facilities, landscaping, utilities and lighting by the issuance of not more than $3,000.000 bonds and/or notes therefor.

Read and referred to the Committee on Corporations.

Senators Badeau, Cote and Kelly present (99-S 1036) An Act authorizing the city of Woonsocket to finance the acquisition, construction, renovating, improvement, alteration, furnishing, equipping and demolition of schools and other educational facilities in the city, including but not limited to, the Harris School, the Citizens Memorial School, and a new elementary school to be located on Robinson Street, by the issuance of not more than $14,940,000 bonds and/or notes therefor.

Read and referred to the Committee on Corporations.

Senators Blais and Breene present (99-S 1037) An Act exempting from taxation the real, mixed and personal property of Skyscrapers, Inc.

Read and referred to the Committee on Corporations.

Senators Celona, Kelly, Ruggerio, Roney, McCaffrey and others present (99-S 1038) Senate Resolution congratulating the Providence College Basketball Team in winning the Big Championship.

Senator Celona requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

CONSENT CALENDAR

In order for the day is taken up as follows:

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

1. (99-S1031) An Act reinstating and restoring forfeited or revoked corporate charters.

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

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

CALENDAR

In order for the day is taken up as follows:

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

Committee on Corporations recommends passage in concurrence.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, June 1, 1999.

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.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, June 1, 1999.

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

Committee on Corporations recommends passage in concurrence.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, June 1, 1999.

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

Committee on Corporations recommends passage in concurrence.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, June 1, 1999.

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.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, June 1, 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.

Upon motion of Senator Paiva Weed, seconded by Senators Kelly, Walton, Connors, Bates, Celona, Sasso, Badeau, Felag and others, and by unanimous consent, the confirmation of the Senate is given this appointment, upon a roll call vote with 47 Senators voting in the afIirmative 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, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

GUEST

Upon suggestion of Senator Paiva Weed, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Tom Schumpert, newly confirmed Director of the Department of Business Regulation.

CALENDAR

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.

Upon suggestion of Senator Coderre, and without objection, ordered to be placed on the Calendar for Wednesday, May 26, 1999.

3. (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.

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

Committee on Corporations recommends passage.

Senator Raptakis moves passage, seconded by Senator Blais.

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

FLOOR AMENDMENT
TO
(99-S840)

Mr. President:

I hereby move to amend (99-S840) entitled "AN ACT ESTABLISHING THE COVENTRY LAND TRUST", as follows:

On page 2, line 5, by deleting the words and figures "pursuant to chapter 35 of title 18 of the General Laws".

On page 2, line 5, by inserting the word "Coventry" before the word "town".

Respectfully submitted,

LEO R. BLAIS
Senator, District 21

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, Cote, DaPonte, Enos, Felag, Flynn, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Lenihan, McCaffrey, McDonald, Oster, Paiva Weed, Parella, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

Upon motion of Senator Raptakis, seconded by Senator Blais, read and passed, as amended, by unanimous consent, upon a roll call vote with 46 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 46: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Ienihan, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

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

Committee on Judiciary recommends passage.

Upon suggestion of Senator Paiva Weed, and without objection, ordered to be placed on the Calendar for Wednesday, May 26, 1999.

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

Committee on Corporations recommends passage as amended.

Senator Badeau moves passage, seconded by Senators Irons, Coderre, Connors and others.

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

FLOOR AMENDMENT
TO

(99-S 517 as amended)

Mr. President:

I hereby move to amend (99-S 517 as amended) entitled "AN ACT RELATING TO BUSINESSES AND PROFESSIONS - HOME INSPECTORS", as follows:

By deleting all of the language following the enactment clause and inserting in place thereof the following:

"SECTION 1. Title 5 of the General Laws entitled "Businesses and Professions" is hereby amended by adding thereto the following chapter:

CHAPTER 66.1

HOMEINSPECTORS

6-66.1-1. Short title. - This chapter shall be known and may be cited as the "Rhode Island Home Inspector Licensing Law".

6-66.1-2. Definitions. - When used in this chapter:

(1) "Associate home inspector" means a person who is employed by a licensed home inspector to conduct a home inspection of a residential building under the direct supervision of the licensed home inspector and is licensed pursuant to the provisions of this chapter for a fee.

(2) "Commission" means the State Building Commission.

(3) "Client" means any person who engages, or seeks to engage the services of a home inspector for the purpose of obtaining inspection of and written report upon the condition of a residential building.

(4) "Board" means the contractors' registration board.

(6) "Home inspector" means any person licensed as a home inspector pursuant to the provisions of this chapter for a fee.

(6) "Home inspection" means a comprehensive inspection and written evaluation of the following components of a residential building: heating system, cooling system, plumbing system, electrical system, structural components, foundation, roof, masonry structure, exterior and interior components or any other related residential housing component as determined by the board by regulation.

"Public body or 'Agency" means any executive, legislative, judicial, regulatory, administrative body of the state or any political subdivision thereof; including, but not limited to public officials elected or appointed and any department, division, agency, commission, board, office, bureau, authority, any school, fire, or water district, or other agency or Quasi-public agency of state or local government which exercises governmental functions.

"Residential building" means a structure consisting of one to four family dwelling units that has been occupied as such prior to the time when a home inspection is requested or contracted for in accordance with this chapter, but shall not include any such structure newly constructed and not previously occupied.

6-66.1-3. Board - Powers and Duties. - (a) The board shall have the following powers and duties:

(1) Administer and enforce the provisions of this act through the commission;

(2) Issue and renew licenses to home inspectors and associate home inspectors pursuant to the provisions of this chapter;

(3) Suspend, revoke, or fail to renew the license of a home inspector or an associate home inspector pursuant to promulgated rules and regulations consistent with the provisions of this chapter and the Administrative Procedure Act. Chapter 36 of Title 42, governing the procedure for administrative complaints, answers thereto, issuance of subpoenas, appointment of hearing officers, adjournments, submission of proposed findings of fact and conclusions, the filing of briefs, and such other procedural aspects of administrative hearings before the board as the commission may deem necessary; and any person who has exhausted all administrative remedies available to him and who is aggrieved by a final decision of the board 15 entitled to judicial review in accordance with the provisions of the administrative procedures act (chapter 36 of title 42);

(4) Establish standards for the continuing education of home inspectors;

(6) Adopt and publish a code of ethics and standards of practice for licensed home inspectors and associate home inspectors; and

(6) Prescribe or change the charges for examinations, licensures, renewals, and other services performed pursuant to rules or regulation which shall first be approved by the commission and shall be adopted in accordance with the provisions of the "Administrative Procedure Act ,chapter 36 of title 42.

6-66.1-4. Eligibility for licensure as home inspector. - (a) To be eligible for licensure as a home inspector, an applicant shall fulfill the following requirements:

(1) Be of good moral character;

(2) Have successfully completed high school or its equivalent;

(3) Have been engaged as a licensed associate home inspector for no less than two (2) years; and have performed not less than one hundred (100) home inspections for compensation. or have been a registered/ licensed contractor in good standing in any state for an aggregate of not less than five (6) years; and

(4) Have passed an exam offered by the American Society of Home Inspectors (ASHI) or such other such exam as offered by the board. The examination may have been passed before the effective date of this act; or

(6) The board may, by a two-thirds vote, by regulation may promulgate other eligibility and competency standards in lieu of subsection (a)(3). (b) Over the first seven hundred and thirty (730) days after the effective date of this act, the board shall issue to any individual a home inspector license upon application. provided that the applicant meets the requirements of section 6-66. 1-4(a)(1)7 (2) and (4) and has been engaged in the practice of home inspections for compensation. prior to the effective date of this act and has performed not less than one hundred (100) home inspections for compensation.

6-66.1-6. Eligibility for licensure as associate home inspector.- (a) To be eligible for licensure as an associate home inspector, an applicant shall fulfill the following requirements:

(1) Be of good moral character;

(2) Have successfully completed high school or its equivalent;

(3) Have passed an approved course of study, as prescribed by the commission;

(4) Have assisted in not less than fifty (60) home inspections in the presence of a licensed home inspector; and

(6) Have passed the examination offered by the American Society of Home Inspectors (ASHI). The examination may have been passed before the effective date of this act.

6-66.1-6. Identification cards. - Upon the issuance of a license by the commission, an identification card shall also be issued to each licensed person.

6-66.1-7. Applicability. (a) The provi sions of this act shall not apply to:

(1) Any person who is employed by a governmental agency or public body and acting within the scope of that government employment;

(2) Any person regulated by the state as an architect. professional engineer, electrical contractor, or master plumber, who is acting within the scope of practice of his or her profession or occupation;

(3) Any real estate broker, brokersalesperson, or salesperson who is licensed by the state when acting within the scope of his or her profession;

(4) Any state licensed real estate appraiser or certified general or residential real estate appraiser; who is acting within the scope of his or her profession;

(6) Any person regulated by the state as an insurance adjuster; who is acting within the scope of his or her profession;

(6) Any person certified or registered as a pesticide applicator, who is acting within the scope of his or profession;

(7) Any person making the inspections under the supervision of a licensed home inspector for the purpose of meeting the requirements ofsection6-66. 1-6(a)(4) of this chapter to qualify for licensure as an associate home inspector.

6-66.1-8. Reciprocity. - (a) Upon payment to the commission of a fee and the submission of a written application provided by the commission, the board shall issue a home inspector license to any person who:

(1) Hold a valid license issued by another state or possession of the United States or the District of Columbia which has standards substantially equivalent to those of this state as determined by the board; or

(2) Is licensed in this state to practice architecture or professional engineering or both, provided that the person meets the requirements set forth in section 6-66.1-4(a)( 1), (2) and (4) of this chapter.

6-66.1-9. Fees. (a) The board shall by rule or regulation establish, prescribe, or change the fees for licenses, renewals of licenses, or other services provided by the board pursuant to the provisions of this act. Licenses shall be issued for a period of two (2) years and be biennially renewable, except that the board may, in order to stagger the expiration dates thereof, provide that those licenses first issued or renewed after the effective date of this act shall expire or become void on a date fixed by the board, not sooner than six (6) months nor later than twenty-nine (29) months after the date of issue.

(b) Fees shall be established, prescribed, or changed by the board to the extent necessary to defray all proper expenses incurred by the board and any staff employed to administer this act, except that fees shall not be fixed at a level that will raise the amounts in excess of the amount estimated to be so required.

(c) All fees and any fines imposed by the board shall be paid to the commission and shall be forwarded to the state treasurer and become part of the general fund.

6-66.1-10. Insurance requirements. - (a) Every licensed home inspector and associate home inspector who is engaged in home inspection shall secure, maintain, and file with the commission a certificate of Insurance of an errors and omissions policy and a certificate of insurance for a general liability policy; both shall be for a minimum amount of five hundred thousand dollars ($500,000) per occurrence.

(b) Every proof of an error and omissions and general liability policy required to be filed with the commission shall not be effective unless and until at least ten (10) days notice of intention to cancel or nonrenew has been received in writing by the commission.

6-66.1-11. Suspension or revocation of license.- (a) The board may refuse to grant or may suspend or revoke a home inspector license or an associate home inspector license upon proof, to the satisfaction of the board, that the holder thereof has:

(1) Disclosed any information concerning the results of the home inspection without the approval of a client or the client's representatives;

(2) Accepted compensation from more than one interested party for the same service without the consent of all interested parties;

(3) Accepted commissions or allowances. directly or indirectly. from other parties dealing with their client in connection with work for which the licensee is responsible;

(4) Failed to disclose promptly to a client information about any business interest of the licensee which may affect the client in connection with the home inspection;

(6) Has obtained a license or authorization to sit for an examination, as the case may be, through fraud, deception, or misrepresentation;

(6) Has engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise, or false pretense;

(7) Has engaged in gross negligence, gross malpractice, or gross incompetence;

(8) Has engaged in repeated acts of negligence, malpractice, or incompetence;

(9) Has engaged in professional or occupational misconduct as may be determined by the board;

(10) Has been convicted of any crime involving moral turpitude or any crime relating adversely to the activity regulated by the board. For the purpose of this subsection a plea of guilty, nolo contendere or any other such disposition of alleged criminal activity shall be deemed a conviction;

(11) Has had his authority to engage in the activity regulated by the board revoked or suspended by any other state agency or authority for reasons consistent with this section;

(12) Has violated or failed to comply with the provisions of any act or regulation administered by the board; or

(13) Is incapable, for medical or any other good cause, of discharging the functions of a licensee in a manner consistent with the public's health, safety and welfare.

6-66.1-12. Violations- Penalties. (a) No person shall provide. present. call or represent himself or herself as able to proV]de a home inspection for compensation unless licensed in accordance with the provisions of this act.

(b) Whoever is not licensed as a home inspector. or associate home inspector. holds himself or herself out as a home inspector or whoever impersonates another home inspector or associate or violates any other rule or regulation made under the authority of the contractors' registration board, may be punished by a fine of not more than one thousand dollars ($1.000) per occurrence. If an inspector/company continues to conduct inspections after the fine has been issued, the matter is to be referred to the attorney general's office for action by the attorney general to apply to the superior court for remedies necessary to cease the operation of said inspector including but not limited to the remedies within the equitable jurisdiction of said court.

6-66.1-13. Regulatory authority. The commission, after consultation with the board shall adopt rules and regulations pursuant to the "Administrative Procedure Act" Chapter 36 of Title 42, necessary to effectuate the purposes of this chapter.

SECTION 2. Section 5-65-14 of the General Laws in Chapter 5-65 entitled "Contractors' Registration" is hereby amended to read as follows:

5-65-14. Builder board - Member - Terms -Confirmation - Vacancies Qualification. - (a) The board shall consist of nine (9) members appointed by the governor, four (4) of the members shall be contractors, one shall be a current member of the building codes standards committee pursuant to section 23-27.3- 100.1.4. The building code standards committee member shall be designated by the state building commissioner, said individual shall be appointed as set forth in subsection (b) of this section, one shall be a representative of the general public, and one shall be a licensed and practicing architect-.; and two (2) shall be licensed home inspectors. This board shall report to the state building commissioners department.

(b) Except for the commissioner's designee the governor shall appoint four (4) members for a term of three (3) years and tlee four (4) members for a term of two (2) years. Each member reappointed by the governor shall serve for the term of his or her original appointment. Before the expiration of the term of a member, the governor shall appoint a successor. A member is eligible for reappointment. If there is a vacancy for any cause, the governor shall make an appointment immediately effective for the unexpired term. At the expiration of their terms, members shall remain and continue in their official capacity until a new member is appointed and confirmed.

(c) In order to be eligible for board membership, the four (4) contractor members of the board shall be registered under this chapter end and the two (2) home inspector members shall maintain their registration or license in good order during their term of office.

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

Respectfully submitted,

ROGER R. BADEAU
Senator, District 32

The motion to amend prevails 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, Cote, DaPonte, DoneJan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

Upon motion of Senator Badeau, seconded by Senator Coderre, read and passed, as amended, 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, Cote, DaPonte, DoneJan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

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

Committee on Corporations recommends passage.

Senator Lenihan moves passage, seconded by Senators Coderre, Cicilline and 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, Cote, DaPonte, DoneJan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Paiva Weed, Parella, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walsh, Walton.

NAYS -0.

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

Committee on Corporations recommends passage.

Senator Felag moves passage, seconded by Senators Enos, DaPonte, Gallo, Parella, Gibbs, Tocco and others.

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, Cote, DaPonte, Doneian, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

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".

Senator Enos moves passage, seconded by Senators Coderre and Paiva Weed.

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, 0 Senators voting in the negative and 1 Senator abstaining as follows:

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

NAYS -0. ABSTAINED - 1: Senator Kelly.

15. (99-S 685) (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".

Senator Roney moves passage, seconded by Senators Tocco and Roberts.

The bill marked Substitute "A" is read and passed, 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, Coderre, Connors, Cote, DaPonte, Doneian, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

16. (99-S 869) An Act relating to property -rule against perpetuities.

Committee on Judiciary recommends passage.

Senator Roney moves passage, seconded by Senators Paiva Weed, Tocco, Connors and others.

Senators Issa and Roney discuss the act.

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, Cote, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

17. (99-S 880) An Act relating to motor and other vehicles- motor vehicle off'enses.

Committee on Judiciary recommends passage.

Senator Paiva Weed moves passage, seconded by Senators Igliozzi, Roney, Coderre, Sosnowski and others.

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, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, 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.

ANNOUNCEMENTS

Senator Lenihan announces that the Committee on Finance will meet on Thursday, May 27, 1999, at the rise of the Senate in Room 211 of the State House.

Also:

Senator Goodwin 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, May 26, 1999, at 3:00 o'clock P.M. in Room 211 of the State House.

Also:

Senator Goodwin announces that the Committee on Special Legislation will meet on Wednesday, May 26, 1999, at the rise of the Senate in the Senate Lounge of the State House.

UNANIMOUS CONSENT

Senator Cote requests unanimous consent to address the body.

Senator Irons objects.

ADJOURNMENT

Upon motion of Senator Kelly, seconded by Senator Algiere, the Senate adjourns at 4:42 o'clock P.M. RAYMOND T. HOYA5, JR.
Clerk of the Senate

Appendix

INVOCATION
SENATOR WILLIAM V. IRONS

May that which draws us to be Senators be a sincere desire to help our fellow man and a need for involvement. Help us to give proper direction to our motives, Lord, in helping the people of our state. Amen.

Appendix

CONSENT CALENDAR

In order for Wednesday, May 26, 1999:

1. (99-H 6448) An Act to vacate the forfeiture or revocation of the charter of Bucky's Auto Sales, Inc.

Committee on Corporations recommends passage in concurrence.

2. (99-H6449) An Act to vacate the forfeiture or revocation of the charter of Santurri Realty, Inc.

Committee on Corporations recommends passage in concurrence.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Tuesday, May 25, 1999

Appendix

CALENDAR

In order for Wednesday, May 26, 1999:

1. 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.

2. (99-S894) An Act relating to mandated benefits review act.

Committee on Corporations recommends passage.

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

Committee on Judiciary recommends passage.

Appendix

CALENDAR

In order for Thursday, May 27, 1999:

1. (99-S 562) (Substitute "A") An Act relating to insurance insurance coverage for serious mental illness.

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

2. (99-S681) (Substitute "A" as amended) An Act relating to insurance.

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

3. (99-S998) (Substitute "A") An Act relating to uniform commercial code - investment securities.

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

4. (99-S1006) (Substitute "A") An Act relating to the sewer system in the town of Middletown.

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

5. (99-S1014 as amended) An Act relating to businesses and professions.

Committee on Corporations recommends passage as amended.

6. (99-S1029) An Act relating to the regulation of earth removal in the town of Burrillville.

Committee on Corporations recommends passage.

7. (99-H5421) An Act relating to taxation.

Committee on Corporations recommends passage in concurrence.

8. (99-H5618) (Substitute "A") An Act relating to businesses and professions.

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

9. (99-H5721) An Act relating to state affairs and government- distressed areas economic revitalization act.

Committee on Corporations recommends passage in concurrence.

10. (99-H 6040 as amended) An Act relating to businesses and professions - automobile body repair shops.

Committee on Corporations recommends passage as amended.

11. (99-H6208) An Act establishing the Coventry land trust.

Committee on Corporations recommends passage in concurrence.

12. (99-H6245) An Act relating to agriculture and forestry- tree wardens.

Committee on Corporations recommends passage in concurrence.

13. (99-H6247) An Act relating to taxation -collection of taxes generally.

Committee on Corporations recommends passage in concurrence.

14. (99-S101) (Substitute "A" as amended) An Act relating to criminal offenses - weapons.

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

15. (99-S877) (Substitute "A" as amended) An Act relating to criminal injuries compensation.

Committee on Judiciary recommends indefinite postponement of the original bill and pa9sage of Substitute "A" as amended.

Appendix

CALENDAR In order for Tuesday, June 1, 1999: 1. (99-H5406) An Act relating to the city of East Providence.

Committee on Corporations recommends passage in concurrence.

2. (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.

3. (99-H6089) An Act relating to towns and cities - town housing authority.

Committee on Corporations recommends passage in concurrence.

4. (99-H6151) An Act relating to levy and assessment of local taxes.

Committee on Corporations recommends passage in concurrence.

5. (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.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Tuesday, May 25, 1999

As always, your comments concerning this page are welcomed and appreciated.

Thank you for stopping by!