SENATE JOURNALS 05-26-1999

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. 57 Wednesday, May 26, 1999 Fifty-seventh 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 49 Senators present and 1 Senator absent as follows:

PRESENT - 49: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, DaPonte, Doneian, Enos, Felag, Flynn, Fogarty, Galjo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCafirey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patter-son, Perry, Raptal:is, Roberts, Roney, Ruggerio, Sasso, Sosnowsl:i, Tocco, Walaska, Walsh, Walton.

ABSENT - 1: Senator Revens.

INVOCATION

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

(See Appendix for Invocation)

PLEDGE OF ALLEGIANCE TO THE FLAG

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

APPROVAL OF RECORD

The Senate Journal of Tuesday, May 25, 1999 proceedings is read in part.

Upon suggestion of Senator Kelly and by unanimous consent, further reading of the Journal is dispensed with and the Journal approved as recorded.

GUESTS

Upon suggestion of Senators Enos, Parella and Kelly, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber members of the Tiverton High School Mock Trial Team, State Champions, Lizabeth Marshall, Liam Sullivan, Brendan Sullivan, Nate Hayden, April Vaillincourt, Brian Cincotta, Libby Brooks, Allison Ryan, Mary-Kate Huie, Wynter Lavier, and their Coaches Ray Rocha, Patricia Mendonsa and Gerald Arcouette.

Upon suggestion of Senator Walton, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Jayson Fowler of Enterprise Rental Car of Rhode Island and Southeastern New England.

APPOINTMENT

His Honor, the Lieutenant Governor, presents the following appointment that was received on May 21, 1999, from His Honor, Joseph R. Weisberger, Chief Justice, Supreme Court of Rhode Island, transmitting the following appointment and requesting the advice and consent of the Senate thereto:

SUPREME COURT OF RHODE ISLAND
FRANK LICHT JUDICIAL COMPLEX

Joseph R. Weisberger
Chief Justice

May 21, 1999

Honorable Paul S. Kelly
Majority Leader of the Senate
State House
Providence, RI 02903

Dear Senator Kelly:

By virtue of the authority vested in me pursuant to the provisions of chapter 91, article 2, section 2 of the Public Laws of 1998 and on the recommendation of Chief Albert E. DeRobbio, whom I have appointed as supervising judge of the Administrative Adjudication Court, I have the honor to submit to you and through you to the Honorable Senate, the names of three appointees to the office of magistrate of the Administrative Adjudication Court and request that the Honorable Senate give these appointments its advice and consent:

Domenic A. DiSandro, III, Esq., of the Town of Narragansett
William T. Noonan, Esq., of the City of Pawtucket
Aurendina Veiga, Esq., of the City of East Providence

For your information, I enclose herewith a curriculum vitae for each appointee.

Respectfully submitted,

JOSEPH R. WEISBERGER
Chief Justice

Read and referred to the Committee on Judiciary.

REPORTS OF COMMITTEE

COMMITTEE ON JUDICIARY

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

(99-S 131) (Substitute "A") An Act relating to motor and other vehicles.

Read and ordered to be placed on the Calendar.

(99-S 189) (Substitute "A" as amended)" An Act relating to health and safety.

Read and ordered to be placed on the Calendar.

(99-S 693) (Substitute "A" as amended) An Act relating to criminal offenses - weapons.

Read and ordered to be placed on the Calendar.

(99-S 711) (Substitute "A") An Act relating to waters and navigation - harbors and harbor lines.

Read and ordered to be placed on the Calendar.

(99-S950 as amended) An Act relating to public offices and employees code of ethics.

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 Algiere and Walsh present (99-S 1039) An Act naming the Misquamicut State Beach Pavilion for James J. Federico, Jr.

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

Senator Parella presents (99-S 1040) Senate Resolution congratulating Joseph M. Brito, Sr., for being chosen to receive an Honorary Doctor of Business Degree from Roger Williams University.

Senator Parella requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senator Blais presents (99-S 1041) Senate Resolution congratulating Jonathon R. Burns on attaining the rank of Eagle Scout.

Senator Blais requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senator Blais presents (99-S 1042) Senate Resolution congratulating James R. MacDonald on attaining the rank of Eagle Scout.

Senator Blais requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator Blais, 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 Enos, 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-H6448) An Act to vacate the forfeiture or revocation of the charter of Bucky's Auto Sales, Inc.

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

CALENDAR

In order for the day is taken up as follows:

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

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

Upon motion of Senator Coderre, seconded by Senators Paiva Weed, Walton, Walaska, McDonald, Izzo and many others, by unanimous consent, the confirmation of the Senate is given this appointment, upon a roll call vote with 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 46: Senators Algiere, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, 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, Patterson, Raptakis, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

GUEST

Upon suggestion of Senator Coderre, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Laura DiSano of Warwick, member of the Board of Governors for Higher Education.

CALENDAR

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

Committee on Corporations recommends passage.

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

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

FLOOR AMENDMENT
TO
(99-S894)

Mr. President:

I hereby move to amend (99-S894) entitled "AN ACT RELATING TO MANDATED BENEFITS REVIEW ACT", as follows:

By striking all language and substituting the attached in place thereof:

SENATE RESOLUTION CREATING A
SPECIAL SENATE COMMISSION
FOR MANDATED BENEFITS REVIEW

RESOLVED, That a special senate commission be and the same is hereby created consisting of nine (9) members: three (3) of whom shall be members of the senate, not more than two (2) who shall be from the same political party, to be appointed by the senate majority leader; one (1) of whom shall be a health care consumer to be appointed by the senate majority leader; and one (1) of whom shall be the chief operating officer of Lifespan; one (1) of whom shall be the chief operating oflicer of Rhode Island Hospital; one (1) of whom shall be the chief operating officer of Rhode Island Blue Cross; one (1) of whom shall be the chief operating officer of United Health; and one (1) of whom shall be the chief operating officer of Harvard Pilgrim Health Care of New England.

The purpose of said commission shall be to study a process for establishing an independent review of mandated health benefits, and to assist in proposing any alternatives for such reviews.

Forthwith upon passage of this resolution, the members shall meet at the call of the senate majority leader. Members of the general public may be appointed in lieu of legislators provided that at least one (1) member shall be appointed from the senate and one (1) member shall be appointed from the house, and said appointments shall be made by the same authority as for the legislators supplanted.

Forthwith upon passage of this resolution, the members of the commission shall meet at the call of the speaker of the house and organize and shall select from among the legislators a chairperson. Vacancies in said commission shall be filled in like manner as the original appointment.

The membership of said commission shall receive no compensation for their services.

All departments and agencies of the state shall furnish such advice and information, documentary and otherwise, to said commission and its agent as is deemed necessary or desirable by the commission to facilitate the purposes of this resolution.

The speaker of the house is hereby authorized and directed to provide suitable quarters for said commission; and be it further

RESOLVED, That the commission shall report its findings and recommendation to the general assembly on or before April 1, 2001 and said commission shall expire on July 1, 2001.

Respectfully submitted,

LEO R. BLAIS
Senator, District 21

Senators Graziano, Raptakis and Blais discuss the amendment.

The motion to amend prevails upon a roll call vote with 32 Senators voting in the affirmative and 12 Senators voting in the negative as follows:

YEAS - 32: Senators Bates, Blais, Breene, Caprio, Celona, Connors, Cole, Damiani, DaPonte, Donelan, Enos, Fogarty, Gallo, Gibbs, Goodwin, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Oster, Paiva Weed, Parella, Patterson, Perry, Ruggerio, Sosnowski, Tocco, Walaska, Walton.

NAYS - 12: Senators Alves, Coderre, Felag, Graziano, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Raptakis, Sasso, Walsh.

Upon motion of Senator Blais, seconded by Senator Patterson, read and passed, as amended, upon a voice vote.

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

Committee on Judiciary recommends passage.

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

Senator Paiva Weed, seconded by Senators Coderre, Roney and Gallo, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(99-S 393)

Mr. President:

I hereby move to amend (99-S 393) entitled "AN ACT RELATING TO COURTS AND CIVIL PROCEDURE - COURT REPORTING", as follows:

On page 1, delete line 15, and insert in lieu thereof the following language:

"SECTION 2. This act shall take effect upon passage, and shall apply only to contracts entered into or modified after the effective date hereof."

Respectfully submitted,

M. TERESA PAIVA WEED
Senator, District 49

The motion to amend prevails upon a roll call vote with 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 45: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, DaPonte, DoneIan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, KQlls, Kelly, Lenihan, McCaffrey, McDonald, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

Upon motion of Senator Paiva Weed, seconded by Senator Roney, read and passed, as amended, by unanimous consent, upon a roll call vote with 45 Senators voting in the affi.rmative and 0 Senators voting in the negative as follows:

YEAS - 45: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, DaPonte, Doneian, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, 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 Cote announces that the Committee on Corporations will meet on Thursday, May 27, 1999, at 3:30 o'clock P.M. in Room 212 of the State House.

Also:

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 Paiva Weed announces that the Committee on Judiciary will meet on Thursday, May 27, 1999, at 2:00 o'clock P.M. in Room 313 of the State House.

Also:

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.

Also:

Senator Connors announces that the Committee on Special Legislation will meet today at the rise of the Senate in the Senate Lounge of the State House.

ADJOURNMENT

Upon motion of Senator Kelly, seconded by Senator Algiere, and upon suggestion of Senator Parella, the Senate adjourns at 4:37 o'clock P.M., on a unanimous rising vote, as a further mark of respect to the memory of the Honorable Henry W. Pacheco of Bristol, former State Respresentative and a 50 year member of the Bristol Democratic Town Committee.

RAYMOND T. HOYAS, JR.
Clerk of the Senate

Appendix

INVOCATION
SENATOR PAUL W. FOGARTY

Guide us, Lord, as we seek justice for our fellow Rhode Islanders. In our deliberations in the Senate Chamber, enable us to make rational decisions, derived of pure motives. Amen.

Appendix

CALENDAR

In order for Thursday, May 27, 1999:

1. (99-S 877) (Substitute "A" as amended) An Act relating to criminal injuries compensation.

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

2. (99-S562) (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".

3. (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.

4. (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".

5. (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".

6. (99-S1014 as amended) An Act relating to businesses and professions.

Committee on Corporations recommends passage as amended.

7. (99-S1029) An Act relating to the regulation of earth removal in the town of Burrillville.

Committee on Corporations recommends passage.

8. (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.

9. (99-H5421) An Act relating to taxation.

Committee on Corporations recommends passage in concurrence.

10. (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.

11. (99-H5721) An Act relating to state affairs and government- distressed areas economic revitalization act.

Committee on Corporations recommends passage in concurrence.

12. (99-H6040 as amended) An Act relating to businesses and professions - automobile body repair shops.

Committee on Corporations recommends passage as amended.

13. (99-H6208) An Act establishing the Coventry land trust.

Committee on Corporations recommends passage in concurrence.

14. (99-H6245) An Act relating to agriculture and forestry- tree wardens.

Committee on Corporations recommends passage in concurrence.

15. (99-H6247) An Act relating to taxation -collection of taxes generally.

Committee on Corporations recommends passage in concurrence.

Appendix

CALENDAR

In order for Tuesday, June 1, 1999:

1. (99-S 131) (Substitute "A") An Act relating to motor and other vehicles.

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

2. (99-S189) (Substitute "A" as amended) An Act relating to health and safety.

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

3. (99-S693) (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.

4. (99-S711) (Substitute "A") An Act relating to waters and navigation - harbors and harbor lines.

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

5. (99-S950 as amended) An Act relating to public offices and employees - code of ethics.

Committee on Judiciary recommends passage as amended.

6. (99-H5406) An Act relating to the city of East Providence.

Committee on Corporations recommends passage in concurrence.

7. (99-H5476) (Substitute "A") An Act in amendment of the act entitled "An Act to time to time amended. incorporate the Providence Gas Company passed at the June Session of the General Assembly A.D. 1847 as the same has been from

8. (99-H6089) An Act relating to towns and cities - town housing authority.

Committee on Corporations recommends passage in concurrence.

9. (99-H6151) An Act relating to levy and assessment of local taxes.

Committee on Corporations recommends passage in concurrence.

10. (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
Wednesday, May 26, 1999

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

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