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. 60 Wednesday, June 2, 1999 Sixtieth Day
The Senate meets pursuant to adjournment and is called to order by the Honorable Leo R. Blais, President Minority Pro Tempore, Leo R. Blais, at 4:05 o'clock P.M.

The roll is called and a quorum is declared present with 47 Senators present and 3 Senators absent as follows:

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

ABSENT - 3: Senators McBurney, Raptakis, Ru~gerio

INVOCATION



The Honorable President Minority Pro Tempore, by unanimous consent, presents Senator Irons, to deliver the invocation.

(See Appendix for Invocation)


PLEDGE OF ALLEGIANCE TO THE FLAG



The Honorable President Minority Pro Tempore, 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 Tuesday, June 1, 1999 proceedings is read in part.

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

GUESTS


Upon suggestion of Senator Coderre, and by unanimous consent, the Honorable President Minority Pro Tempore, welcomes to the Chamber Larry Coutu, his daughter Michelle LeClair and his son-in-law Jason LeClair.

APPOINTMENT BY THE GOVERNOR



The Honorable President Minority Pro Tempore, 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

June 1, 1999 To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Article 10, Section 4 of the Rhode Island Constitution entitled Judicial Selection, I have made the following appointment as Judge of the Rhode Island Workers' Compensation Court:

Edward P. Sowa of Lincoln
VICE
Judge William G. Gilroy

To this appointment, I request your advice and consent

Sincerely,


LINCOLN ALMOND
Governor



Read and referred to the Committee on Judiciary.

APPROVED BY THE GOVERNOR




The Honorable President Minority PrO Tempore, presents an announcement of the receipt by the Secretary of State of the following measure, signed and approved May 19, 1999, by His Excellency, the Governor:

(99-S 844) Joint Resolution proclaiming May as Mental Health Month in Rhode Island.

JAMES R. LANGEVIN
Secretary of State

Received and ordered to be placed on file.

EFFECTIVE WITHOUT
THE SIGNATURE OF THE GOVERNOR


The Honorable President Minority Pro Tempore, presents an announcement of the receipt by the Secretary of State of the following measures which became effective without the signature of His Excellency, the Governor on May 27, 1999:

(99-S 857) 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.

(99-S 895) An Act relating to the Coventry Fire Department.

(99-S 817) An Act validating and ratifying amendments to the home rule charter of the city of Pawtucket.

(99-S 818) An Act relating to taxation - levy and assessment of local taxes.

(99-S 217) An Act relating to tax exemption Westerly.

JAMES R. LANGEVIN
Secretary of State

Received and ordered to be placed on file.

FROM THE


HOUSE OF REPRESENTATIVES


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

(99-H 6463) An Act relating to mobile and manufactured homes.

Read and referred to the Committee on Corporations.

Also:

(99-H 5767) An Act relating to alcoholic beverages retail licenses.

Read and referred to the Committee on Special Legislation.

Also:

(99-H 6419) An Act relating to alcoholic beverages retail licenses. housing resources.

Read and referred to the Committee on Special Legislation.

Also:

(99-S 324) (Substitute "A" as amended) An Act relating to state affairs and government Read and ordered to be placed on the Calendar.

Also:
(99-H 5471) (Substitute "A,,) An Act relating to certificates of title and security interests.

Read and ordered to be placed on the desk.

Also:
(99-H 5609 as amended) An Act relating to special stops required.

Read and ordered to be placed on the desk.


NEW BUSINESS


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

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

Senators Badeau and Ruggerio present (99-S 1047) An Act relating to workers' compensation.

Read and referred to the Committee on Labor.

Senators Cote, Badeau and Kelly present (99-S 1048) Senate Resolution congratulating Mat thew Kucharski on attaining the rank of Eagle Scout.

Senator Cote requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senators Cote, Badeau and Kelly present (99-S 1049) Senate Resolution congratulating Gary Turner on attaining the rank of Eagle Scout.

Senator Cote requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senators Cote, Badeau and Kelly present (9~ S 1050) Senate Resolution congratulating Michael Minot on attaining the rank of Eagle Scout.

Senator Cote requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senators Damiani, Felag and Coderre present (99-S 1051) Joint Resolution creating a special legislative commission to study the authority and training of harbormasters.

Read and referred to the Committee on Judiciary.

Senator Bates presents (99-S 1052) An Act to vacate the forfeiture or revocation of the charter of Commercial Insulation Contractors, Inc.

Read and ordered to be placed on the Consent Calendar.

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

Senator Kelly presents (99-S 1053) An Act relating to the hospital conversion act.

Read and referred to the Committee on Corporations.

Senators Cote, Goodwin, Coderre, Walaska, Gallo and others present (99-S 1054) Senate Resolution requesting the Board of Governors for Higher Education to provide for nonsectarian invocation at future commencement ceremonies.

Read and referred to the Committee on Special Legislation.

CONSENT CALENDAR




In order for the day is taken up as follows:

Upon motion of Senator Kelly, seconded by Senator Breene, the following appointments on today's Consent Calendar, by unanimous consent, are given the Advice and Consent of the Senate, upon a voice vote, with Senate Igliozzi abstaining on item number 7, the reappointment of Robert E. DeBlois, Jr.:

1. Reappointment of Judith M. Morse of East Providence to the Rhode Island Depositors Economic Protection Corporation Board of Directors for a term expiring January 1, 2003.

2. Reappointment of Thomas J. Lynch of Narragansett (Representing IBEW Local 99) to the State Building Codes Standards Committee for a term expiring May 1, 2002.

3. Reappointment of John D. Gaskell, P.E. of Warwick (Representing Electrical Engineers) to the State Building Codes Standards Committee for a term expiring May 1, 2002.

4. Appointment of William F. O'Rourke of Warwick (Public Member) VICE Richard Hanson (deceased) to the State Building Codes Standards Committee for a term expiring May 1, 2002.

5. Reappointment of Russell Brown of South Kingstown (Representing Building Officials from Municipality of 20,000 60,000) to the State Building Codes Standards Committee for a term expiring May 1, 2002.

6. Reappointment of David F. Palmisciano of Chepachet (Representing Building Trades Council) to the State Building Codes Standards Committee for a term expiring May 1, 2002.

7. Reappointment of Robert E. DeBlois, Jr. of East Greenwich (Representing Rhode Island Builders Association) to the State Building Codes Standards Committee for a term expiring May 1, 2002.

8. Reappointment of Donald Gagnon of Woonsocket (Representing Minimum Housing Inspectors) to the State Building Codes Standards Committee for a term expiring May 1, 2002.

CALENDAR


Upon suggestion of Senator Enos, and without -I'' objection, the Calendar is deferred to Thursday, June 3, 1999.

FROM THE DESK


Upon suggestion of Senator Enos, and without objection, the following acts are removed from the desk and placed on the Calendar for Thursday, June 3, 1999:

(99-S 765) (Substitute "A") An Act relating to transportation of beverages.

Read and ordered to be placed on the Calendar.

(99-S 926) An Act relating to motor and other vehicles.

Read and ordered to be placed on the Calendar.

ADJOURNMENT




Upon motion of Senator Kelly, seconded by Senator Algiere, the Senate adjourns at 4:13 o'clock P.M.



RAYMOND T. HOYAS, JR.
Clerk of the Senate

Appendix


INVOCATION

SENATOR WILLIAM V IRONS


Lord, we seek today your wisdom, strength, and courage, as we endeavor to meet the needs of the people of our State. Amen.



Appendix


CONSENT CALENDAR




In order for Thursday, June 3, 1999:

1. (99-S 1052) An Act to vacate the forfeiture or revocation of the charter of Commercial Insulation Contractors, Inc.

Ordered on the Consent Calendar.



RAYMOND T. HOYAS, JR.
Clerk of the Senate
Wednesday, June 2, 1999

Appendix


CALENDAR


In order for Thursday, June 3, 1999:

1. (99-S 711) (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".

2. (99-S950 as amended) An Act relating to public offices and employees code of ethics.

Committee on Judiciary recommends passage I as amended.

3. (99-S 1022) An ActrMtiiigto animal husbandry West Warwick.

Committee on Corporations recommends passage.

4. (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".

5. (99-S250) An Act relating to sports - racing and athletics.

Committee on Special Legislation recommends passage.

6. (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".

7. (99-S986) An Act relating to persons with disabilities. Committee on Special Legislation recommends passage.

8. (99-S987) An Act relating to alcoholic beverages.

Committee on Special Legislation recommends passage.

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-S 693) (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.

11. (99-S 169) (Substitute "A") An Act relating to taxation.

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

12. (99-S249) (Substitute "A") An Act relating to education requiring certain schools to institute a breakfast program.

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

13. (99-S 255) An Act relating to state affairs and government- pharmaceutical assistance to the elderly.

Committee on Finance recommends passage.

14. (99-S 355) An Act relating to taxation -personal income tax.

Committee on Finance recommends passage.

15. (99-S362) (Substitute A,') An Act relating to sales and use taxes - liability and computation.

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

16. (99-S 410) An Act relating to pharmaceutical assistance to the elderly.

Committee on Finance recommends passage.

17. (99-S 415) An Actiela~to( relief.

Committee on Finance recommends

18. (99-S 426 as amended) An Act relating to the gasoline tax.

Committee on Finance recommends passage as amended.

19. (995 436) (Substitute "A") An Act relating to taxation.

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

20. (99-S 525) (Substitute "A") An Act relating to tax credit.

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

21. (99-S670) (Substitute "A") An Act relating to retirement system - contributions and benefits.

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

22. (99-S 722) (Substitute "A") An Act relating to education- Rhode Island Student Investment Initiative.

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

23. (99-S 728) An Act relating to education.

Committee on Finance recommends passage.

24. (99-S 765) (Substitute "A") An Act relating to transportation of beverages.

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

25. (99-S 926) An Act relating to motor and other vehicles. Joint Committee on Highway Safety recommends passage.

26. (99-H 5421) An Act relating to taxation.

Committee on Corporations recommends passage in concurrence.

27. (99-H 5618) (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

28. (99-H 5721) An Act relating to state affairs and government distressed areas economic revitalization act.

Committee on Corporations recommends passage in concurrence.

29. (99-H 6040 as amended) An Act relating to businesses and professions - automobile body repair shops.

Committee on Corporations recommends passage as amended.

30. (99-H 6208) An Act establishing the Coventry land trust.

Committee on Corporations recommends passage in concurrence.

31. (99-H 6245) An Act relating to and forestry - tree wardens.

Committee on Corporations recommends passage in concurrence.

32. (99-H 6247) An Act relating to taxation -collection of taxes generally.

Committee on Corporations recommends passage in concurrence.

33. (99-H 5406) An Act relating to the city of East Providence.

Committee on Corporations recommends passage in concurrence.

34. (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

35. (99-H 6089) An Act relating to towns and cities - town housing authority.

Committee on Corporations recommends passage in concurrence.

36. (99-H 6151) An Act relating to levy and assessment of local taxes.

Committee on Corporations recommends passage in concurrence.

37. (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.

38. (99-H 5294) (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.

39. (99-H 5330) 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.

40. (99-H 5474) (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.

41. (99-H 5484) An Act relating to education.

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

42. (99-H 5547) (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 Subatitu~ "A" concurrence.

43. (99-H 5794) An Act relating to assistants.

Committee on Health, Education and Welfai'e recommends passage in concurrence.

44. (99-H 5796) An Act relating to the uniform controlled substances act.

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

45. (99-H 5805) (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.

46. (99-H 5806) An Act relating to health and safety - Long Term Care Coordinating Council. Committee on Health, Education and Welfare recommends passage in concurrence.

47. (99-H 5854) An Act relating to human services - community health centers.

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

48. (99-H 6437) An Act relating to persons with disabilities.

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

Appendix


CALENDAR


In order for Tuesday, June 8, 1999:

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

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

2. (99-S324) (Substitute "A" as amended) An Act relating to state affairs and government -housing resources.

Ordered on the Calendar for passage of Substitute "A" in concurrence.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Wednesday, June 2, 1999


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