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. 8
Wednesday, January 20, 1999
Eighth Day
The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Charles J. Fogarty, at 4:15 o'clock P.M.
The roll is called and a quorum is declared present with 48 Senators present and 2 Senators absent as follows:
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator McBurney, to deliver the invocation.
(See Appendix for Invocation)
PLEDGE OF ALLEGIANCE TO THE FLAG
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator McBurney, to lead the Senate in the pledge of allegiance to the flag.
APPROVAL OF RECORD
The Senate Journal of Tuesday, January 19, 1999 proceedings is read in part.
Upon suggestion of Senator Enos and by unanimous consent, further reading of the Journal is dispensed with and the Journal approved as recorded.
GUESTS
Upon suggestion of Senator Lenihan, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the children of Senator Raptakis, Alexandra and Nicholas Raptakis.
Upon suggestion of Senator Irons, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Jeffrey C. Alton, of CNA Insurance Companies, Chicago, Illinois; Vincent L. Laurenzano, CFE, Insurance Finance Consultant of Stroock & Stroock & Lavan, LLP, New York, New York; and Molly A. McQueen, of Hedge Financial Products, Inc., New York, New York and appreciates the time afforded our Economic Development Commission and Insurance Task Force.
COMMUNICATION
His Honor, the Lieutenant Governor, presents the following communications:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER
January 19, 1999
His Honor, Charles J. Fogarty
Lieutenant Governor 116 State House
Providence, RI 02903
Dear Lieutenant Governor Fogarty;
Due to an important business obligation which cannot be rescheduled, I will regretfully not be present for the Senate Session on January 19-20, 1999.
If you should have any further questions or comments, you may contact me at (401) 222-4278 on January 21, 1999. Thank you, in advance, for your cooperation.
Sincerely,
CHARLES D. WALTON
Senator, District 9
Received and ordered to be placed on file.
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER
January 20, 1999
His Honor, Charles J. Fogarty
Lieutenant Governor 116 State House
Providence, RI 02903
Dear Lt. Governor Fogarty:
Please be advised that I will be unable to attend the Senate session on Thursday, January 21, 1999 due to an unavoidable conflict in my schedule. I would appreciate your recording my letter in the appropriate Senate Journal.
Thank you for your assistance.
Sincerely,
MICHAEL J. FLYNN
Senator, District 29
Received and ordered to be placed on file.
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER
January 20, 1999
The Honorable Charles J. Fogarty President of the Senate 116 State House
Providence, RI 02903
Dear President Fogarty:
Please note for the record that I will be absent from the Senate session on Thursday, January 21, 1999, due to an outof-state commitment.
Thank you.
Sincerely,
LEONIDAS P. RAPTAKIS
Senator, District 20
Received and ordered to be placed on file.
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER
January 20, 1999
His Honor, Charles J. Fogarty
Lieutenant Governor Rhode Island Senate Chamber
State House
Providence, RI 02903
Dear Lt. Governor Fogarty:
Please be advised that due to the inclement weather, I was not able to make it to the State House before the Senate session ended on Thursday, January 14, 1999.
I was, however, able to make it in time to attend the informational Finance Briefing that took place later that day.
Sincerely,
LEONIDAS P. RAPTAKIS
Senator, District 20
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 appointments and requesting the advice and consent of the Senate thereto:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE
Lincoln Almond Governor
January 20, 1999
To the Honorable, the Senate:
I have the honor to inform you that in accordance with the provisions of Section 42-6-3 of the Rhode Island General Laws, I have made the following reappointment as Director of the Department of Human Services:
Christine Ferguson of Jamestown
To this appointment, I respectfully request your advice and consent.
Sincerely,
LINCOLN ALMOND
Governor
Read and referred to the Committee on Judiciary.
Also:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE
Lincoln Almond Governor
January 20, 1999
To the Honorable, the Senate;
I have the honor to inform you that in accordance with the provisions of Section 42-6-3 of the Rhode Island General Laws, I have made the following reappointment as Director of the Department of Transportation:
William D. Anker, Ph.D. of North Smithfield
To this appointment, I respectfully request your advice and consent.
Sincerely,
LINCOLN ALMOND
Governor
Read and referred to the Committee on Judiciary.
Also:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE
Lincoln Almond Governor
January 20, 1999
To the Honorable, the Senate:
I have the honor to inform you that in accordance with the provisions of Section 42-6-3 of the Rhode Island General Laws, I have made the following reappointment as Director of the Department of Children, Youth and Families:
Jay G. Lindgren, Jr. of Tiverton
To this appointment, I respectfully request your advice and consent.
Sincerely,
LINCOLN ALMOND
Governor
Read and referred to the Committee on Judiciary.
Also:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE
Lincoln Almond Governor
January 20, 1999
To the Honorable, the Senate:
I have the honor to inform you that in accordance with the provisions of Section 42-6-3 of the Rhode Island General Laws, I have made the following reappointment as Director of the Department of Elderly Affairs:
Barbara A. Rayner, MSW, CISW of Coventry
To this appointment, I respectfully request your advice and consent.
Sincerely,
LINCOLN ALMOND
Governor
Read and referred to the Committee on Judiciary.
Also:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE
Lincoln Almond Governor
January 20, 1999
To the Honorable, the Senate:
I have the honor to inform you that in accordance with the provisions of Section 42-6-3 of the Rhode Island General Laws, I have made the following reappointment as Director of the Department of Administration:
Robert L. Carl, Jr., Ph.D. of Jamestown
To this appointment, I respectfully request your advice and consent.
Sincerely,
LINCOLN ALMOND
Governor
Read and referred to the Committee on Judiciary.
Also:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE
Lincoln Almond Governor
January 20, 1999
To the Honorable, the Senate:
I have the honor to inform you that in accordance with the provisions of Section 42-6-3 of the Rhode Island General Laws, I have made the following reappointment as Director of the Department of Corrections:
George A. Vose, Jr. of North Kingstown
To this appointment, I respectfully request your advice and consent.
Sincerely,
LINCOLN ALMOND
Governor
Read and referred to the Committee on Judiciary.
Also:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE
Lincoln Almond Governor
January 20, 1999
To the Honorable, the Senate:
I have the honor to inform you that in accordance with the provisions of Section 42-6-3 of the Rhode Island General Laws, I have made the following reappointment as Director of the Department of Labor and Training:
Lee Arnold of Warwick
To this appointment, I respectfully request your advice and consent.
Sincerely,
LINCOLN ALMOND
Governor
Read and referred to the Committee on Judiciary.
Also:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE
Lincoln Almond Governor
January 20, 1999
To the Honorable, the Senate:
I have the honor to inform you that in accordance with the provisions of Section 42-6-3 of the Rhode Island General Laws, I have made the following reappointment as Director of the Department of Mental Health, Retardation and Hospitals:
A. Kathryn Power of Barrington
To this appointment, I respectfully request your advice and consent.
Sincerely,
LINCOLN ALMOND
Governor
Read and referred to the Committee on Judiciary.
Also:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE
Lincoln Almond Governor
January 12, 1999
To the Honorable, the Senate:
I have the honor to inform you that in accordance with the provisions of Section 42-128-6 of the Rhode Island General Laws, I have made the following appointment to the Rhode Island Housing Resources Act:
Armand F. Ferland of Lincoln
(Representative of the Rhode Island Builders Association)
for a term expiring January 31, 2000.
To this appointment, I respectfully request your advice and consent.
Sincerely,
LINCOLN ALMOND
Governor
Read and referred to the Committee on Judiciary.
Also:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE
Lincoln Almond Governor
January 12, 1999
To the Honorable, the Senate:
I have the honor to inform you that in accordance with the provisions of Section 42-128-6 of the Rhode Island General Laws, I have made the following appointment to the Rhode Island Housing Resources Act:
Joseph Caffey of Providence
(Representative of a Community Development Corporation)
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.
Also:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTNE CHAMBER. PROVIDENCE
Lincoln Almond
Governor
January 12, 1999
To the Honorable, the Senate:
I have the honor to inform you that in accordance with the provisions of Section 42-128-6 of the Rhode Island General Laws, I have made the following appointment to the Rhode Island Housing Resources Act:
Mary Jane K. "Susan" Baxter of Providence
(Community Development Intermediary)
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.
Also:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE
Lincoln Almond Governor
January 12, 1999
To the Honorable, the Senate:
I have the honor to inform you that in accordance with the provisions of Section 42-128.6 of the Rhode Island General Laws, I have made the following appointment to the Rhode Island Housing Resources Act:
Dennis Langley of East Greenwich
(Representative of Agency Advocating for Racial Minorities)
for a term expiring January 31, 2001.
To this appointment, I respectfully request your advice and consent.
Sincerely,
LINCOLN ALMOND
Governor
Read and referred to the Committee on Judiciary.
Also:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE
Lincoln Almond Governor
January 12, 1999
To the Honorable, the Senate:
I have the honor to inform you that in accordance with the provisions of Section 42-128-6 of the Rhode Island General Laws, I have made the following appointment to the Rhode Island Housing Resources Act:
Anthony Patrick of Providence
(Representative of the Homeless)
for a term expiring January 31, 2001.
To this appointment, I respectfully request your advice and consent.
Sincerely,
LINCOLN ALMOND
Governor
Read and referred to the Committee on Judiciary.
Also:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE
Lincoln Almond Governor
January 12, 1999
To the Honorable, the Senate:
I have the honor to inform you that in accordance with the provisions of Section 42-128-6 of the Rhode Island General Laws, I have made the following appointment to the Rhode Island Housing Resources Act:
Kevin Flynn of Cranston
(Local Planner)
for a term expiring January 31, 2000.
To this appointment, I respectfully request your advice and consent.
Sincerely,
LINCOLN ALMOND
Governor
Read and referred to the Committee on Judiciary.
Also:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE
Lincoln Almond Governor
January 12, 1999
To the Honorable, the Senate:
I have the honor to inform you that in accordance with the provisions of Section 42-128-6 of the Rhode Island General Laws, I have made the following appointment to the Rhode Island Housing Resources Act:
Robert Benoit of North Smithfield
(Local Building Officer)
for a term expiring January 31, 2000.
To this appointment, I respectfully request your advice and consent.
Sincerely,
LINCOLN ALMOND
Governor
Read and referred to the Committee on Judiciary.
REPORT OF COMMITTEE
TRANSFER OF BILL
Senator Lenihan, from the Committee on Finance, in accordance with Senate Rule 6.14, moves to transfer the following bill from the Committee on Finance to the Committee on Special Legislation:
(99-S 75) Joint Resolution creating a special legislative commission to study the legislative grant system in the state of Rhode Island.
Read and referred to the Committee on Special Legislation.
NEW BUSINESS
Senators Cicilline, Paiva Weed, Goodwin, Connors and DaPonte present (99-S 189) An Act relating to health and safety.
Read and referred to the Committee on Health, Education and Welfare.
Senators Walsh, Sasso, Goodwin, Paiva Weed, Perry and others present (99-S 190) An Act relating to domestic violence - confidentiality of victims' addresses.
Read and referred to the Committee on Judiciary.
Senators Ruggerio, Igliozzi, Goodwin, DaPonte, Damiani and others present (99-S 191) An Act relating to labor and labor relations - workers' compensation - benefits.
Read and referred to the Committee on Labor.
Senators Ruggerio, Igliozzi, Montalbano, Goodwin, Coderre and others present (99-S 192) An Act relating to the merit system.
Read and referred to the Committee on Finance.
Senators Cicilline, Perry, Izzo and Roberts present (99-S 193) An Act relating to education - school committees and superintendents.
Read and referred to the Committee on Health, Education and Welfare.
Senators Cote, Celona, Graziano, Damiani and DaPonte present (99-S 194) An Act relating to motor and other vehicles - registration.
Read and referred to the Committee on Special Legislation.
Senators Connors, Goodwin and DaPonte present (99-S 195) Senate Resolution extending the reporting date of the special Senate commission to prepare a comprehensive plan to reopen vacant mills throughout Rhode Island.
Read and referred to the Committee on Special Legislation.
Senators Connors, DaPonte, Montalbano, Coderre and Oster present (99-S 196) An Act relating to education - educational financial support.
Read and referred to the Committee on Finance.
Senators Connors, Coderre, DaPonte, Goodwin and Montalbano present (99-S 197) An Act relating to state affairs and government- motorcoaches.
Read and referred to the Committee on Finance.
Senators Cote, DaPonte, Celona, Tocco and Igliozzi present (99-S 198) An Act relating to parks and recreational areas-
general provisions.
Read and referred to the Committee on Finance.
Senators Cicilline, Perry, Parella and Igliozzi present (99-S 199) An Act relating to criminal law - use of computers for immoral and illegal purposes involving children.
Read and referred to the Committee on Judiciary.
Senators Connors, Goodwin, DaPonte and Montalbano present (99-S 200) An Act relating to health and safety - abortion.
Read and referred to the Committee on Judiciary.
Senators Cote, Badeau, Montalbano, Enos and Kelly present (99-S 201) An Act relating to food and drugs - uniform controlled substances act.
Read and referred to the Committee on Judiciary.
Senators Cicilline, Perry, Goodwin, Enos, Sasso and others present (99-S 202) An Act relating to health and safety.
Read and referred to the Committee on Corporations.
Senators Igliozzi, Tocco, Celona, Graziano and Felag present (99-S 203) An Act relating to Department of Business Regulation.
Read and referred to the Committee on Corporations.
Senator Paiva Weed presents (99-S 204) An Act relating to property subject to taxation.
Read and referred to the Committee on Corporations.
CALENDAR
In order for the day is taken up as follows:
1. (99-S 9) An Act relating to captive insurance companies.
Committee on Corporations recommends passage.
Senator Irons moves passage, seconded by Senators Celona, Paiva Weed, Damiani, Roney, Cote, Bates and others.
Senator Montalbano, seconded by Senators Blais, Alves, McCaffrey and Walaska, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(99-S9)
Mr. President:
I hereby move to amend (99-S 9) entitled "AN ACT RELATING TO CAPTIVE INSURANCE COMPANIES", as follows:
On page 2, by deleting all of the language on lines 23 through 27, inclusive.
Respectfully submitted,
JOSEPH A. MONTALBANO Senator, District 37
Senators Irons, Alves, Graziano, Walaska, Walsh, Izzo, Roney, Oster and Donelan discuss the amendment.
The motion to amend fails of passage upon a roll call vote with 12 Senators voting in the affirmative and 29 Senators voting in the negative as follows:
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 Enos announces that the Senate will meet on Wednesday, January 27, 1999, at 6:00 o'clock P.M.
Also:
Senator Paiva Weed announces that the Committee on Judiciary will meet on Thursday, January 21, 1999, at 3:00 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.
ADJOURNMENT
Upon motion of Senator Kelly, seconded by Senator Algiere, and upon suggestion of Senator Walsh, the Senate adjourns at 5:20 o'clock P.M., on a unanimous rising vote, as a further mark of respect to the memory of Steven Haines of North Stonington, Connecticut, a loving father, a wonderful teacher at Chariho Middle School and a friend to all.
RAYMOND T. HOYAS, JR. Clerk of the Senate
Appendix
INVOCATION
SENATOR JOHN F. McBURNEY, III
We ask, that you guide us, Lord in broadening our minds and extending ourselves in service to our constituents. May we better understand their concerns and needs and do our best to assist them. Amen.
As always, your comments concerning this page are welcomed and appreciated.
