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. 10
Tuesday, January 26, 1999
Tenth Day
The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Charles J. Fogarty, at 4:07 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 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 Thursday, January 21, 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.
COMMUNICATION
Senator McCaffrey, seconded by Senator Alves, moves to have the two copies of letters he submitted to the Senate on Thursday, January 21, 1999, printed in the Senate Journal.
Senators McCaffrey and Kelly discuss the motion.
The motion is granted upon a voice vote.
Senator Paiva Weed requests to have the Senate Journal record her objection to the motion.
The communications are printed as follows:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER
January 14, 1999
The Honorable Charles J. Fogarty
Lieutenant Governor StateHouse
Providence, RI 02903
VIA: FIRST CLASS US MAIL, POSTAGE PRE.PAID and US CERTIFIED
MAIL No. Z 060 408 151
RE: Permanent Joint Committee on Highway Safety
Dear Lieutenant Governor Fogarty:
We are writing to acknowledge receipt of a copy of your correspondence dated January 13, 1999 addressed to Secretary of State Langevin and to express our surprise at the information contained therein; namely, that you are replacing Senator Michael J. McCaffrey with Senator William P. Tocco, Jr. and Senator Stephen D. Alves with Senator John M. Roney on the Permanent Joint Committee on Highway Safety upon the recommendation of Senator Majority Leader Paul S. Kelly.
I would direct your attention to Rhode Island General Laws§ 27.7.2.1 which states in part
Vacancies shall be filled in the manner of the original appointments. The members of the joint committee on highway safety shall serve so long as they shall remain members of the house from which they were appointed and until their successors are duly appointed and qualified.
Per this statute, it is apparent that you do not have the authority to revoke our appointments to the Permanent Joint Committee on Highway Safety. In attempting to replace us on the committee, you are violating the law.
Very truly yours,
MICHAEL J. McCAFFREY
Senator, District 16
STEPHEN D. ALVES
Senator, District 19
Read and ordered to be placed on file.
Also:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER
January 14, 1999
Honorable James R. Langevin
Secretary of State
State House
Providence, RI 02903
VIA: CERTIFIED MAIL and REGULAR MAIL
Dear Secretary of State Langevin:
On January 13, 1999, Lieutenant Governor Fogarty forwarded a letter to you relative to appointments to the "Permanent Joint Committee on Highway Safety" upon the recommendation of Senate Majority Leader Kelly, a copy of same is attached hereto marked Exhibit A. Upon reviewing Section 22-7.2-1 of the Rhode Island General Laws as amended, a copy of which is attached hereto as Exhibit B. it appears that Lieutenant Governor Fogarty does not have the authority to replace Senator Michael J. McCaffrey and Senator Stephen D. Alves on the "Permanent Joint Committee on Highway Safety."
We would appreciate your placing a copy of this letter on file in your office with the letter which you received from Lieutenant Governor Fogarty. This will make the public aware that any action taken by the "Permanent Joint Committee on Highway Safety" may be voidable. We would appreciate your forwarding a date stamped copy of this letter to us in the enclosed self-addressed stamped envelope, thereby acknowledging receipt of this letter by your office.
We thank you for your attention to this matter.
Very truly yours,
MICHAEL J. McCAFFREY
Senator, District 16
STEPHEN D. ALVES
Senator, District 19
Read and ordered to be placed on fIle.
GUESTS
Upon suggestion of Senators Breene, Fogarty and Flynn, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the Honorable Rebecca Schultz, Glocester Town Council Member and Ed Juaire, a member of the Glocester Planning Board.
Upon suggestion of Senator Igliozzi, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber William Wong.
COMMUNICATION
His Honor, the Lieutenant Governor, presents the following communication:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER
January 26, 1999
His Honor, Charles J. Fogarty Lieutenant Governor State House, Room 116 Providence, RI 02903
Dear Lt. Governor Fogarty:
Due to my wife, Sharlene's, shoulder surgery on Monday, January 25, I will regretfully not be attending Senate Session on Tuesday, January 26, 1999.
If you should have any further questions or comments, you may contact me at (401) 222-4278 on January 27, 1999. I thank you, in advance, for your cooperation.
Sincerely,
MICHAEL J. DAMIANI
Senator, District 43
Received and ordered to be placed on file.
REPORT OF COMMITTEE
TRANSFER OF BILL
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 Judiciary:
(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 Judiciary.
NEW BUSINESS
Senators Algiere and Walsh present (99-S 217) An Act relating to tax exemption - Westerly.
Read and referred to the Committee on Corporations.
Senators Igliozzi, Goodwin, Walton, Ruggerio and Walaska present (99-S 218) An Act relating to state aid.
Read and referred to the Committee on Finance.
Senators Igliozzi, Goodwin, Walton, Ruggerio and Walaska present (99-S 219) An Act relating to towns and cities state aid.
Read and referred to the Committee on Finance.
Senators Izzo, Walton, Goodwin, Perry, Cicilline, Sosnowski and others present (99-S 220) An Act relating to taxation-
personal income tax.
Read and referred to the Committee on Finance.
Senators Igliozzi, Felag and Paiva Weed present (99-S 221) An Act relating to state affairs and government.
Read and referred to the Committee on Finance.
Senators Igliozzi, Tocco and Felag present (99-S 222) An Act relating to motor and other vehicles - motor vehicle offenses.
Read and referred to the Committee on Judiciary.
Senators Celona, Montalbano and Graziano present (99-S 223) An Act relating to the town of North Providence Charter.
Read and referred to the Committee on Corporations.
Senator Igliozzi presents (99-S 224) An Act relating to state affairs and government state emblems.
Read and referred to the Committee on Special Legislation.
Senator Oster presents (99-S 225) Senate Resolution extending the reporting date of the special Senate commission to study the clean water supply in Rhode Island and matters related thereto.
Read and referred to the Joint Committee on Environment and Energy.
Senator Oster presents (99-S 226) Joint Resolution creating a special legislative commission to study the various land trusts and open space projects in the state.
Read and referred to the Joint Committee on Environment and Energy.
Senator Oster presents (99-S 227) An Act relating to state building code.
Read and referred to the Committee on Corporations.
Senator Oster presents (99-S 228) An Act relating to mechanics' liens.
Read and referred to the Committee on Judiciary.
Senators Bates and Sasso present (99-S 229) An Act relating to motor and other vehicles -headlights.
Read and referred to the Joint Committee on Highway Safety.
Senators Irons, Paiva Weed and DaPonte present (99-S 230) An Act relating to outdoor advertising.
Read and referred to the Joint Committee on Highway Safety.
Senators Paiva Weed, Igliozzi, Tocco, Gibbs and Oster present (99-S 231) An Act relating to courts and civil procedure.
Read and referred to the Committee on Judiciary.
Senators Tocco, Felag, Igliozzi and Enos present (99-S 232) An Act relating to motor and other vehicles motor vehicles offenses.
Read and referred to the Committee on Judiciary.
Senators Felag, Damiani, DaPonte, Paiva Weed and Enos present (99-S 233) An Act relating to waters and navigation Coastal Resources Management Council.
Read and referred to the Joint Committee on Environment and Energy.
Senators Perry, Cicilline, Gallo, Cote and Walton present (99-S 234) An Act relating to human services - establishing an office of the patient advocate within the Department of Human Services.
Read and referred to the Committee on Finance.
Senators Goodwin, Connors, Ruggerio, Igliozzi, Walton and others present (99-S 235) An Act relating to the state retirement system.
Read and referred to the Committee on Finance.
Senators Parella, Izzo, Roney, Gibbs, Paiva Weed and others present (99-S 236) An Act relating to mental health, retardation and hospitals -developmentally disabled adults.
Read and referred to the Committee on Finance.
Senators Lenihan and Breene present (99-S 237) An Act relating to taxation - collection of taxes generally.
Read and referred to the Committee on Finance.
Senators Felag, Igliozzi, Tocco, Paiva Weed and DaPonte present (99-S 238) An Act relating to state affairs and government-
highways.
Read and referred to the Committee on Finance.
Senators DaPonte and Fogarty present (99-S 239) An Act relating to public utilities and carriers - community antenna television systems.
Read and referred to the Committee on Corporations.
Senators Ruggerio, Igliozzi, Celona, Gallo, Enos and others present (99-S 240) An Act relating to causes of action.
Read and referred to the Committee on Judiciary.
Senators Ruggerio, McDonald, Coderre, DaPonte, Goodwin and others present (99-S 241) An Act relating to electricians.
Read and referred to the Committee on Labor.
Senators Ruggerio, DaPonte, Goodwin, Igliozzi, Gallo and others present (99-S 242) An Act relating to the award of municipal contracts.
Read and referred to the Committee on Finance.
Senators Ruggerio, DaPonte, Goodwin, Igliozzi Gallo and others present (99-S 243) An Act' relating to businesses and professions.
Read and referred to the Committee on Judiciary.
CONSENT CALENDAR
In order for the day is taken up as follows:
Upon motion of Senator Kelly, 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-S 113) Senate Resolution proclaiming April as Prostate Cancer Awareness Month in Rhode Island.
2. (99-S 205) 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 Enos announces that the Senate will meet on Wednesday, January 27, 1999, at 6:00 o'clock P.M.
Also:
Senator Lenihan announces that the Committee on Finance will meet today 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 today at the rise of the Senate in Room 313 of the State House.
Also:
Senator Enos announces that the deadline for introduction of new legislation is Thursday, February 7, 1999, and that requests for drafting of legislation must be submitted to Legislative Council one week prior to the deadline.
ADJOURNMENT
Upon motion of Senator Kelly, seconded by Senator Algiere, and upon suggestion of Senator Graziano, the Senate adjourns at 4:20 o'clock P.M., on a unanimous rising vote, as a further mark of respect to the memory of David Bulman, a student at Salve Regina University, who lost his life in a tragic house fire this weekend.
RAYMOND T. HOYAS, JR. Clerk of the Senate
Appendix
INVOCATION
SENATOR PAUL W. FOGARTY
Dear God, please grant us the wisdom to be aware of the true needs of the people we are here to serve, and the courage to meet those needs to the fullest extent of our ability. Amen.
As always, your comments concerning this page are welcomed and appreciated.
