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. 5
Wednesday, January 13, 1999
Fifth 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 49 Senators present and 1 Senator absent as follows:
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator DaPonte, to deliver the invocation.
(See Appendix for Invocation)
PLEDGE OF ALLEGIANCE TO THE FLAG
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator DaPonte, to lead the Senate in the pledge of allegiance to the flag.
APPROVAL OF RECORD
The Senate Journal of Tuesday, January 12, 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 Graziano, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Gena Bianco, a Sophomore at Salve Regina University, who will be serving as an intern this year.
Upon suggestion of Senators Kells and Walton, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the Honorable Ronald W. Allen, newly elected Majority Leader of the Providence City Council.
COMMUNICATION
His Honor, the Lieutenant Governor, presents the following communications:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER
REVISED AND CORRECTED
January 13, 1999
His Honor, Charles J. Fogarty
Lieutenant Governor 144 State House
Providence, RI 02903
Dear Lt. Governor Fogarty:
Pursuant to the Rules adopted at the Democratic Caucus on November 6, 1998, I am making the following appointments to the Majority Leadership for the 1999-2000 Legislative Session:
William Enos
Tiverton
Senate Majority Whip
Thomas R. Coderre
Pawtucket
Deputy Majority Whip
J. Clement Cicilline
Newport
Senate Majority Policy Leader
Dominick J. Ruggerio
Providence
Senior Deputy Majority Leader
Marc A. Cote
Woonsocket
1st Deputy Majority Leader
Daniel P. Connors
Cumberland
Deputy Majority Leader
Michael J. Damiani
East Providence
Deputy Majority Leader
John M.Roney
Providence
Deputy Majority Leader
V. Susan Sosnowski
West Kingston
Deputy Majority Leader
Donna Walsh
Charlestown
Deputy Majority Leader
Robert T. Kells
Providence
Deputy Majority Leader
Sincerely,
PAUL S. KELLY
Senate Majority Leader
Received and ordered to be placed on file.
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
OFFICE OF THE LIEUTENANT GOVERNOR
January 13, 1999
To the Honorable, the Secretary of State:
I have the honor to inform you that pursuant to Section 22-7.2-1 of the Rhode Island General Laws entitled, "Permanent Joint Committee on Highway Safety", and upon the recommendation of the Senate Majority Leader, I hereby appoint:
Senator Michael J. Damiani
VICE
Senator Karen J. Nygaard
Senator John M. Roney
VICE
Senator Stephen D. Alves
Senator William P. Tocco, Jr.
VICE
Senator Michael J. McCaffrey
Senator David E. Bates (R)
Senator June M. Gibbs (R)
to the Joint Committee on Highway Safety for terms to expire January 2, 2001.
Sincerely,
CHARLES J. FOGARTY
Lieutenant Governor
Received and ordered to be placed on file.
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER
January 13, 1999
His Honor, Charles J. Fogarty
Lieutenant Governor 144 State House
Providence, RI 02903
Dear Lt. Governor Fogarty:
Please be informed that I will not be in attendance at the Thursday, January 14, 1999 Legislative Session. I will be out of town at a CLE Tax Seminar, which I am required to attend.
Therefore, I would greatly appreciate you putting this notice on record.
Thank you for your cooperation in this matter.
Sincerely,
DAVID V. IGLIOZZI
Senator, District 7
Received and ordered to be placed on file.
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER
January 12, 1999
His Honor, Charles J. Fogarty
Lieutenant Governor Rhode Island Senate Chamber
StateHouse
Providence, RI 02903
Dear Lt. Governor Fogarty:
Please be advised that I will be absent from the Senate sessions on Thursday, January 14, 1999 and Tuesday, January
19, 1999, as I will be out of state on personal business. I would appreciate your recording my letter in the appropriate Senate Journal.
Thank you.
Sincerely,
ELIZABETH H. ROBERTS
Senator, District 11
Received and ordered to be placed on file.
REPORTS OF COMMITTEE
TRANSFER OF BILLS
Senator Lenihan, from the Committee on Finance, in accordance with Senate Rule 6.14, moves to transfer the following bills from the Committee on Finance to the Committee on Corporations:
(99-S 90) Joint Resolution creating a special legislative commission to study the implementation of recommendations of the Auditor General.
Read and referred to the Committee on Corporations.
(99-S 92) An Act relating to parks and recreational areas.
Read and referred to the Committee on Corporations.
NEW BUSINESS
Senators Izzo, Coderre, Igliozzi, Graziano, Issa and others present (99-S 114) Senate Resolution extending condolences on the passing of Gerald 5. "Jerry" Maldavir.
Senator Izzo requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Izzo, seconded by the entire Senate, and by unanimous consent, read and passed, under suspension of the rules, upon a rising vote.
Senator Bates presents (99-S 115) An Act to vacate the forfeiture or revocation of the charter of BKM Associates, Inc.
Read and ordered to be placed on the Consent Calendar.
Senators Graziano, Celona, Oster, Montalbano, Walaska and others present (99-S 116) An Act relating to nurses.
Read and referred to the Committee on Corporations.
Senators Graziano, Celona, Oster, Montalbano, McCaffrey and others present (99-S 117) An Act relating to insurance.
Read and referred to the Committee on Health, Education and Welfare.
Senators McCaffrey, Graziano, Montalbano and Alves present (99-S 118) Senate Resolution extending the reporting date of the special Senate commission to study food allergies and matters relating thereto.
Read and referred to the Committee on Health, Education and Welfare.
Senators McCaffrey, Graziano and Alves present (99-S 119) An Act relating to sales and use taxes - liability and computation.
Read and referred to the Committee on Finance.
Senators McCaffrey, Graziano, Montalbano and Alves present (99-S 120) An Act relating to sales and use taxes - liability and computation.
Read and referred to the Committee on Finance.
Senator Oster presents (99-S 121) An Act relating to the gasoline tax.
Read and referred to the Committee on Finance.
Senator Walton presents (99-S 122) Senate Resolution congratulating Majors Charles and Christine Deitrick on 5 years of dedicated and devoted service to the Salvation Army and the people of Rhode Island.
Senator Walton requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Walton, seconded by the entire Senate, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.
Senators Tocco and Igliozzi present (99-S 123) Senate Resolution congratulating Helena "Grace" Hawkins on the occasion of her 100th birthday.
Senator Tocco requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Tocco, seconded by the entire Senate, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.
Senator Walsh presents (99-S 124) An Act relating to furbearing animals.
Read and referred to the Committee on Special Legislation.
Senators Tocco, Igliozzi, Coderre, Walton and Felag present (99-S 125) An Act relating to criminal offenses - gambling and lotteries.
Read and referred to the Committee on Special Legislation.
Senators Igliozzi, Felag, DaPonte, Gallo, Enos and others present (99-S 126) An Act relating to motor and other vehicles-
administrative payment of certain traffic offenses.
Read and referred to the Committee on Judiciary.
Senators Kells, Tocco, Walaska, Bates, Fogarty and others present (99-S 127) An Act relating to assaults.
Read and referred to the Committee on Judiciary.
Senators Patterson, Blais, Walsh and Damiani present (99-S 128) An Act relating to motor vehicle offenses.
Read and referred to the Committee on Judiciary.
Senators Patterson, Gibbs and Cote present (99-S 129) An Act relating to campaign audits.
Read and referred to the Committee on Judiciary.
Senators Patterson and Gibbs present (99-S 130) An Act relating to criminal offenses - theft, embezzlement, false pretenses, and misappropriation.
Read and referred to the Committee on Judiciary.
Senators Perry, Walton, Cicilline, Parella and Walsh present (99-S 131) An Act relating to motor and other vehicles.
Read and referred to the Committee on Judiciary.
Senators Irons, Revens, DaPonte, Lenihan, Connors and others present (99-S 132) An Act relating to motor and other vehicles.
Read and referred to the Committee on Corporations.
Senators Felag, Parella, Enos, Igliozzi, Gibbs and others present (99-S 133) An Act relating to state affairs and government-
distressed areas economic revitalization act.
Read and referred to the Committee on Corporations.
Senators Felag, Enos, Gibbs, Igliozzi, Parella and others present (99-S 134) An Act relating to state affairs and government-
distressed areas - economic revitalization act.
Read and referred to the Committee on Corporations.
Senators Igliozzi, Goodwin, Tocco, Damiani, DaPonte and others present (99-S 135) An Act relating to commercial law gift certificates.
Read and referred to the Committee on Corporations.
Senators Igliozzi, Felag, Walton, DaPonte and Goodwin present (99-S 136) An Act relating to state affairs and government-
enterprise zones.
Read and referred to the Committee on Corporations.
Senators Graziano, Celona, Oster, Montalbano, Walaska and others present (99-S 137) An Act relating to businesses and professions.
Read and referred to the Committee on Corporations.
Senator Patterson presents (99-S 138) An Act relating to commercial law - general regulatory provisions - regulation of the rental and sales of video recordings to minors.
Read and referred to the Committee on Corporations.
Senators DaPonte, Gallo, Igliozzi, Tocco, Connors and others present (99-S 139) Senate Resolution respectfully requesting that the Rhode Island Delegation of the United States Congress introduce legislation to give the states regulatory power over cable television.
Read and referred to the Committee on Corporations.
Senators DaPonte, Gallo, Igliozzi, Tocco, Connors and others present (99-S 140) An Act relating to financial institutions-
powers and operations.
Read and referred to the Committee on Corporations.
Senators DaPonte, Goodwin, Gallo, Igliozzi, Connors and others present (99-S 141) An Act relating to financial institutions-
teller transaction fee.
Read and referred to the Committee on Corporations.
Senators DaPonte, Gallo, Igliozzi, Tocco, Connors and others present (99-S 142) An Act relating to retail sales "two for one sales".
Read and referred to the Committee on Corporations.
Senators Walsh, Sasso, Coderre, Sosnowski, Roney and others present (99-S 143) Senate Resolution respectfully requesting the Federal Environmental Protection Agency to support standards for sulfur in commercial gasoline.
Read and referred to the Committee on Health, Education and Welfare.
Senators Igliozzi, Felag, Tocco, Gallo and Goodwin present (99-S 144) An Act relating to education aid.
Read and referred to the Committee on Finance.
Senators Igliozzi, Felag, Tocco, DaPonte, Gallo and others present (99-S 145) An Act relating to state aid to libraries.
Read and referred to the Committee on Finance.
Senators Igliozzi, Tocco, Felag, DaPonte, Gallo and others present (99-S 146) An Act relating to the Rhode Island Student Investment Initiative.
Read and referred to the Committee on Finance.
Senators Igliozzi, Felag, Tocco, DaPonte, Gallo and others present (99-S 147) An Act relating to state affairs and government-
pharmaceutical assistance to the elderly act.
Read and referred to the Committee on Finance.
Senators Igliozzi, Felag, Tocco, DaPonte, Gallo and others present (99-S 148) An Act relating to state affairs and government-
pharmaceutical assistance to the elderly act.
Read and referred to the Committee on Finance.
Senators Igliozzi, Felag, Tocco, DaPonte, Gallo and others present (99-S 149) An Act relating to state affairs and government-
pharmaceutical assistance to the elderly.
Read and referred to the Committee on Finance.
Senators Igliozzi, Tocco, DaPonte, Gallo and Goodwin present (99-S 150) An Act relating to taxation - property subject to taxation.
Read and referred to the Committee on Finance.
Senators Igliozzi, Felag, Tocco, DaPonte, Gallo and others present (99-S 151) An Act relating to motor vehicle and trailer excise tax elimination act of 1998.
Senators Igliozzi, Tocco, Walton, Kells, Celona and others present (99-S 152) An Act relating to state aid.
Read and referred to the Committee on Finance.
Senators Igliozzi, Felag, Tocco, DaPonte, Gallo and others present (99-S 153) An Act relating to state aid.
Read and referred to the Committee on Finance.
Senators Patterson and Parella present (99-S 154) An Act relating to sales and use taxes -liability and computation.
Read and referred to the Committee on Finance.
CONSENT CALENDAR
In order for the day is taken up as follows:
Upon motion of Senator Enos seconded by Senator Blais, the following measure on today's Consent Calendar, by unanimous consent, is read and passed upon a voice vote:
1. (99-S 89) An Act reinstating and restoring forfeited or revoked corporate charters.
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, January 14, 1999, at the rise of the Senate in Room 211 of the State House.
Read and referred to the Committee on Finance.
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.
ADJOURNMENT
Upon motion of Senator Kelly, seconded by
Senator Algiere, the Senate adjourns at 4:18
o'clock P.M.
RAYMOND T. HOYAS, JR.
Clerk of the Senate
Appendix
INVOCATION
SENATOR DANIEL DaPONTE
Almighty God, bless those who serve in this Senate. Inspire us with your truth, surround us with your love, and fill us with your grace. Amen.
Appendix
CONSENT CALENDAR
In order for Thursday, January 14, 1999:
1. (99-S 115) An Act to vacate the forfeiture or revocation of the charter of BKM Associates, Inc.
Ordered on the Consent Calendar.
RAYMOND T. HOYAS, JR. Clerk of the Senate
Wednesday, January 13, 1999
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