SENATE JOURNALS 05-27-1999

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. 58 Thursday, May 27, 1999 Fifty-eighth Day

The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Charles J. Fogarty, at 4:26 o'clock P.M.

The roll is called and a quorum is declared present with 50 Senators present and 0 Senators absent as follows:

PRESENT - 50.- Senators Algiere, Alves, Badeau Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Doneian, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCattrey, McDonald, Montalbano, Oster, Paiva Weed, Palella, Pattedson, Perry, Rantakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton

ABSENT-O.

INVOCATION

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

(See Appendix for Invocation)

PLEDGE OF ALLEGIANCE TO THE FLAG

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

APPROVAL OF RECORD

The Senate Journal of Wednesday, May 26, 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 Fogarty, Kelly and Walaska, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber members of the Glocester Business Association, Susan Carpenter, Brian Carpenter, Rose Laudie, Tina Pichie, James Rambone, Sue Farnum, Ron Slocum, Diane Poleski, Ed Gordon, Stuart Freeman, Kathy Roberts and Deb Campo.

Upon suggestion of Senators Kelly and Tocco, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the Honorable Albert E. DeRobbio, Chief Justice of the Rhode Island District Court.

Upon suggestion of Senators Celona and Montalbano, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Captain Lee Rekruit of the North Providence Police Department.

Upon suggestion of Senators Coderre, Irons and Montalbano, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the Honorable Joseph Keough of Pawtucket, Magistrate of the Administrative Adjudication Court, and the Honorable Lowell Kinch, former State Senator from Pawtucket.

Upon suggestion of Senator Kells, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Captain Dennis Gertsmayer.

Upon suggestion of Senator Sosnowski, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Donna R. Burke of South Kingstown.

APPROVED BY THE GOVERNOR

His Honor, the Lieutenant Governor, presents an announcement of the receipt by the Secretary of State of the following measure, signed and approved May 25, 1999, by His Excellency, the Governor:

(99-S 136) (Substitute A") An Act relating to state affairs and government - enterprise zones.

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 measure:

(99-S 1022) An Act relating to animals and animal husbandry- West Warwick.

Read and ordered to be placed on the Calendar.

COMMITTEE ON
HEALTH, EDUCATION AND WELFARE

Senator Izzo, from the Committee on Health, Education and Welfare, reports back, with recommendation of passage of the following measures:

(99-S 470) (Substitute '6A") An Act relating to education adult education.

Read and ordered to be placed on the Calendar.

(99-H 5294) (Substitute A") An Act relating to businesses and professions.

Read and ordered to be placed on the Calendar.

(99-H 5330) An Act relating to state affairs and government - health care for children and pregnant women.

Read and ordered to be placed on the Calendar.

(99-H 5474) (Substitute "A") An Act relating to food markets.

Read and ordered to be placed on the Calendar.

(99-H 5484) An Act relating to education.

Read and ordered to be placed on the Calendar.

(99-H 5547) (Substitute "A") An Act relating to Independent Living Services and Center.

Read and ordered to be placed on the Calendar.

(99-H 5794) An Act relating to physician assistants.

Read and ordered to be placed on the Calendar.

(99-H 5796) An Act relating to the uniform controlled substances act.

Read and ordered to be placed on the Calendar.

(99-H 5805) (Substitute "A" as amended) An Act relating to state affairs and government -housing resources.

Read and ordered to be placed on the Calendar.

(99-H 5854) An Act relating to human services community health centers.

Read and ordered to be placed on the Calendar.

(99-H 6437) An Act relating to persons with disabilities.

Read and ordered to be placed on the Calendar.

(99-H 5806) An Act relating to health and safety - Long Term Care Coordinating Council.

Read and ordered to be placed on the Calendar.

COMMITTEE ON SPECIAL LEGISLATION

Senator Goodwin, from the Committee on Special Legislation, reports back, with recommendation of passage of the following measures:

(99-S 250) An Act relating to sports racing and athletics.

Read and ordered to be placed on the Calendar.

(99-S 767) (Substitute "A") An Act relating to animals and animal husbandry.

Read and ordered to be placed on the Calendar.

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

Read and ordered to be placed on the Calendar.

(99-S 987) An Act relating to alcoholic beverages.

Read and ordered to be placed on the Calendar. TRANSFER OF BILLS

Senator Irons, from the Committee on Corporations, in accordance with Senate Rule 6.14, moves to transfer the following bill from the Committee on Corporations to the Committee on Special Legislation:

(99-S 1019) An Act relating to alcoholic beverages - retail licenses.

Read and referred to the Committee on Special Legislation.

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

(99-H 5734) (Substitute "A") An Act relating to the public utilities and carriers - Rhode Island Public Transit Authority.

Read and referred to the Committee on Corporations.

COMMITTEE ON JUDICIARY

Senator Paiva Weed, from the Committee on Judiciary, reports back, with recommendation that confirmation of the Senate be given to the following: Appointment of Domenic A. DiSandro, III, Esq., of Narragansett as Magistrate of the Administrative Adjudication Court. Appointment of William T. Noonan, Esq., of Pawtucket as Magistrate of the Administrative Adjudication Court. Appointment of Aurendina Veiga, Esq., of Providence as Magistrate of the Administrative Adjudication Court.

Senator Paiva Weed requests unanimous consent for immediate consideration of these appointments.

Unanimous consent for immediate consideration is granted. Appointment of Domenic A. DiSandro, III, Esq., of Narragansett as Magistrate of the Administrative Adjudication Court.

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

Senator Paiva Weed, seconded by Senators Kelly, Enos, Coderre, Goodwin, Lenihan, Walton, Cote, Kells, McBurney, Connors, Oster, Irons, Parella, McDonald, Tocco, Badeau, Ruggerio, Caprio, Algiere and many others, moves that confirmation of the Senate be given this appointment.

Senators Irons, Fogarty, Blais, Igliozzi, Celona, McDonald, Roney, Algiere, Goodwin, Kells and Kelly discuss the confirmation.

By unanimous consent, the confirmation of the Senate is given this appointment, 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, Damiani, DaPonte, DoneJan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Igliozzi, Irons, Issa, Izro, Kells, Kelly, Lenihan, MeBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Perry, Revens, Roberts, Roney, Rug~erio, Sosnowski, Tocco, Walaska, Walsh, Walton

NAYS -O.

GUESTS

Upon suggestion of Senator Paiva Weed, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Domenic A. Disanro, III, Esq., of Narragansett, newly confirmed Magistrate of the Administrative Adjudication Court, and his wife Noreen DiSandro.

REPORT OF COMMITTEE

Appointment of William T. Noonan, Esq., of Pawtucket as Magistrate of the Administrative Adjudication Court.

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

Senator Coderre, seconded by Senators Kelly, Irons, Goodwin, Walton, Perry, Gallo, Felag, McBurney, Caprio, Roney, Issa, Alves, Badeau, Walsh, Montalbano and many others, moves that confirmation of the Senate be given this appointment.

Senators Montalbano, Irons, Issa and McBurney discuss the confirmation.

By unanimous consent, the confirmation of the Senate is given this appointment, 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, Canrio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Doneian, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaflrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Perry, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -O.

GUESTS

Upon suggestion of Senator Perry, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber William T. Noonan, Esq., of Pawtucket, newly confirmed Magistrate of the Administrative Adjudication Court, along with his wife Elizabeth Noonan and his parents William and Margaret Noonan.

REPORT OF COMMITTEE
Appointment of Aurendina Veiga, Esq., of Providence as Magistrate of the Administrative Adjudication Court.

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

Senator Graziano, seconded by Senators Kelly, Enos, Coderre, Lenihan, Irons, Paiva Weed, Goodwin, Connors, Oster, Parella, Bates, Celona, Tocco, Walsh, Roberts, Algiere and many others, moves that confirmation of the Senate be given this appointment.

Senators Igliozzi, Walsh, Damiani and Paiva Weed discuss the confirmation.

By unanimous consent, the confirmation of the Senate is given this appointment, upon a roll call vote with 46 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 46: Senators Algiere, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, DoneJan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, I~liozzi, Irons, Issa, Izro, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Perry, Revens, Roberts, Roney, Rug~erio, Sasso, Sosnowski, Tocco, Walsh, Walton.

NAYS -O.

GUESTS

Upon suggestion of Senator Damiani, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Aurendina Veiga, Esq., of Providence, newly confirmed Magistrate of the Administrative Adjudication Court, along with her daughters Laura and Maggie, sons Alexander and Benjamin, parents Jose and Inacia Gonsalves, aunt Virginia Gonsalves, brother Servulo Gonsalves and sister Christine Gonsalves.

NEW BUSINESS

Senators Parella, Felag, Flynn, Bates and Enos present (99-S 1043) Senate Resolution extending condolences upon the death of former Rhode Island Representative Henry W. Pacheco.

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 rising vote.

Senators Kelly and Algiere present (99-S 1044) Senate Resolution extending congratulations.

Senator Kelly requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

CALENDAR

Upon suggestion of Senate Enos, and without objection, the Calendar is deferred to Tuesday, June 1, 1999.

ANNOUNCEMENT

Senator Lenihan announces that the Committee on Finance will meet today at the rise of the Senate in Room 211 of the State House.

ADJOURNMENT

Upon motion of Senator Kelly, seconded by Senator Algiere, the Senate adjourns at 5:17 o'clock P.M.

RAYMOND T. HOYAS, JR. Gte rk of the Senate

Appendix

INVOCATION
SENATOR DENNIS L. ALGIERE

We ask, you, Lord, to show us in this chamber our place, define our duties, direct our energies, and guide us as we work. Amen.

Appendix

CALENDAR

In order for Tuesday, June 1, 1999:

1. (99-S877) (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-S131) (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".

10. (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.

11. (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.

12. (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".

13. (99-S950 as amended) An Act relating to public offices and employees - code of ethics.

Committee on Judiciary recommends passage as amended. 14. (99-H5421) An Act relating to taxation.

Committee on Corporations recommends passage in concurrence.

15. (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.

16. (99-H5721) An Act relating to state affairs and government - distressed areas economic revitalization act.

Committee on Corporations recommends passage in concurrence.

17. (99-H6040 as amended) An Act relating to businesses and professions - automobile body repair shops.

Committee on Corporations recommends passage as amended.

18. (99-H6208) An Act establishing the Coventry land trust.

Committee on Corporations recommends passage in concurrence.

19. (99-H6245) An Act relating to agriculture and forestry- tree wardens.

Committee on Corporations recommends passage in concurrence.

20. (99-H6247) An Act relating to taxation -collection of taxes generally.

Committee on Corporations recommends passage in concurrence.

21. (99-H5406) An Act relating to the city of East Providence.

Committee on Corporations recommends passage in concurrence.

22. (99-H5476) (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.

23. (99-H6089) An Act relating to towns and cities - town housing authority.

Committee on Corporations recommends passage in concurrence.

24. (99-H6151) An Act relating to levy and assessment of local taxes.

Committee on Corporations recommends passage in concurrence.

25. (99-H6255) 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 inclu~ng 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.

Appendix

CALENDAR

In order for Wednesday, June 2, 1999:

1. (99-S1022) An Act relating to animals and animal husbandry- West Warwick.

Committee on Corporations recommends passage.

2. (99-S470) (Substitute "A") An Act relating to education- adult education.

Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".

3. (99-S250) An Act relating to sports - racing and athletics.

Committee on Special Legislation recommends passage.

4. (99-S767) (Substitute "A") An Act relating to animals and animal husbandry.

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

5. (99-S986) An Act relating to persons with disabilities.

Committee on Special Legislation recommends passage.

6. (99-S987) An Act relating to alcoholic beverages.

Committee on Special Legislation recommends passage.

7. (99-H5294) (Substitute "A") An Act relating to businesses and professions.

Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.

8. (99-H5330) An Act relating to state affairs and government- health care for children and pregnant women.

Committee on Health, Education and Welfare recommends passage in concurrence.

9. (99-H5474) (Substitute "A") An Act relating to food markets.

Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.

10. (99-H5484) An Act relating to education.

Committee on Health, Education and Welfare recommends passage in concurrence.

11. (99-H5547) (Substitute "A") An Act relating to Independent Living Services and Center.

Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.

12. (99-H5794) An Act relating to physician assistants.

Committee on Health, Education and Welfare recommends passage in concurrence.

13. (99-H5796) An Act relating to the uniform controlled substances act.

Committee on Health, Education and Welfare recommends passage in concurrence.

14. (99-H5805) (Substitute "A" as amended) An Act relating to state affairs and government - housing resources.

Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A" as amended in concurrence.

15. (99-H5806) An Act relating to health and safety - Long Term Care Coordinating Council.

Committee on Health, Education and Welfare recommends passage in concurrence.

16. (99-H5854) An Act relating to human services - community health centers.

Committee on Health, Education and Welfare recommends passage in concurrence.

17. (99-H6437) An Act relating to persons with disabilities.

Committee on Health, Education and Welfare recommends passage in concurrence.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Thursday, May 27, 1999

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

Thank you for stopping by!