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. 13 Tuesday, February 2, 1999 Thirteenth 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 49 Senators present and 1 Senator absent as follows:

PRESENT - 49; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

ABSENT - 1; Senator Izzo.

INVOCATION



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

(See Appendix for Invocation)


PLEDGE OF ALLEGIANCE TO THE FLAG



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

APPROVAL OF RECORD


The Senate Journal of Thursday, January 28, 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 Gibbs, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber from Newport, the Honorable David Gordon, Mayor, and the Honorable Richard Sardella, Councilman.

CONGRATULATIONS


Upon suggestion of Senator Coderre, and by unanimous consent, His Honor, the Lieutenant Governor, extends congratulations to Senator Cicilline on being recognized by the Rhode Island Campaign to Eliminate Childhood Poverty for his advocacy efforts on behalf of all Rhode Island children.

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 26, 1999

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 42-116-4 of the Rhode Island General Laws, I have made the following reappointment to the Rhode Island Depositors Economic Protection Corporation Board of Directors:

Judith M. Morse of East Providence

for a term expiring January 1, 2003.

To this reappointment, I 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 26, 1999

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 28-5-8 of the Rhode Island General Laws, I have made the following appointment to the Commission for Human Rights;

Randolph Lowman of North Providence
VICE
Shannon King Nash
(resigned)

for a term expiring July 1, 2001.

To this appointment, I 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 29, 1999

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 23-19-6 of the Rhode Island General Laws, I have made the following reappointment to the Rhode Island Resource Recovery Corporation:

Austin Ferland of Warwick

for a term expiring July 1, 2001.

To this reappointment, I respectfully request your advice and consent.

Sincerely,


LINCOLN ALMOND
Governor



Read and referred to the Committee on Judiciary.

REPORTS OF COMMITTEES


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:

Reappointment of Barbara A. Rayner, MSW, CISW of Coventry as Director of the Department of Elderly Affairs.

Read and ordered to be placed on the Calendar. Reappointment of Lee Arnold of Warwick as Director of the Department of Labor and Training.

Read and ordered to be placed on the Calendar.

Reappointment of A. Kathryn Power of Barrington as Director of the Department of Mental Health, Retardation and Hospitals.

Read and ordered to be placed on the Calendar.

Appointment of Joseph Caffey of Providence (Representative of a Community Development Corporation) to the Rhode Island Housing Resources Act for a term expiring January 31, 2002.

Read and ordered to be placed on the Consent Calendar.

Appointment of Mary Jane K. "Susan" Baxter of Providence (Community Development Intermediary) to the Rhode Island Housing Resources Act for a term expiring January 31, 2002.

Read and ordered to be placed on the Consent Calendar.

Appointment of Dennis Langley of East Greenwich (Representative of Agency Advocating for Racial Minorities) to the Rhode Island Housing Resources Act for a term expiring January 31, 2001.

Read and ordered to be placed on the Consent Calendar.

Appointment of Anthony Patrick of Providence (Representative of the Homeless) to the Rhode Island Housing Resources Act for a term expiring January 31, 2001.

Read and ordered to be placed on the Consent Calendar.

Appointment of Kevin Flynn of Cranston (Local Planner) to the Rhode Island Housing Resources Act for a term expiring January 31, 2000.

Read and ordered to be placed on the Consent Calendar.

Appointment of Robert Benoit of North Smith-field (Local Building Officer) to the Rhode Island Housing Resources Act for a term expiring January 31, 2000.

Read and ordered to be placed on the Consent Calendar.
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 Finance:

(99-S 132) An Act relating to motor and other vehicles.

Read and referred to the Committee on Finance.

FROM THE


HOUSE OF REPRESENTATIVES


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

(99-H 5442) An Act to vacate the forfeiture or revocation of the charter of Equity Concepts, Inc.

Read and ordered to be placed on the Consent Calendar.


NEW BUSINESS


Senator Badeau presents (99-S 293) An Act relating to the personal income tax.

Read and referred to the Committee on Finance.

Senators Irons, Oster, DaPonte, Bates, Cote and others present (99-S 294) An Act relating to electronic commerce security.

Read and referred to the Committee on Corporations.

Senators Flynn, Algiere, Breene, Bates, Gibbs and others present (99-S 295) Senate Resolution congratulating Donald A. Eva on the joyous occasion of his fiftieth birthday on February 6, 1999.

Senator Flynn requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senators Enos and Algiere present (99-S 296) An Act reinstating and restoring forfeited or revoked corporate charters.

Read and ordered to be placed on the Consent Calendar.

Senators Ruggerio, Celona, Walsh, Igliozzi, Roberts and others present (99-S 297) An Act relating to health and safety - patient rights.

Read and referred to the Committee on Labor.

Senators Ruggerio, Celona, Montalbano, Connors, Coderre and others present (99-S 298) An Act relating to labor and labor relations arbitration of school teacher disputes.

Read and referred to the Committee on Labor.

Senator Lenihan presents (99-S 299) An Act relating to education- School for the Deaf.

Read and referred to the Committee on Finance.

Senator Enos presents (by request) (99-S 300) An Act relating to levy and sale on execution.

Read and referred to the Committee on Judiciary.

Senator Enos presents (99-S 301) An Act relating to mortgage loans.

Read and referred to the Committee on Judiciary.

Senators Walaska, McBurney, Alves, Kells, McCaffrey and others present (99-S 302) An Act relating to public utilities and carriers cable television.

Read and referred to the Committee on Finance.

Senators Paiva Weed, Igliozzi, McDonald and Parella present (99-S 303) An Act relating to criminal offenses sexually violent predators.

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 Blais, the following measure on today's Consent Calendar, by unanimous consent, is read and passed upon a voice vote:

1. (99-S 257) An Act to vacate the forfeiture or revocation of the charter of the Little Rhody Division.

ANNOUNCEMENTS


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.

ADJOURNMENT




Upon motion of Senator Kelly, seconded by Senator Algiere, the Senate adjourns at 4:22 o'clock P.M.



RAYMOND T. HOYAS, JR.
Clerk of the Senate


Appendix



INVOCATION

SENATOR ROGER R. BADEAU

Heavenly Father, we thank you for your blessings of health and strength. We seek your encouragement in using these qualities to their fullest potential. Amen.



Appendix



CONSENT CALENDAR




In order for Wednesday, February 3, 1999:

1. Appointment of Joseph Caffey of Providence (Representative of a Community Development Corporation) to the Rhode Island Housing Resources Act for a term expiring January 31, 2002.

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

2. Appointment of Mary Jane K. "Susan" Baxter of Providence (Community Development Intermediary) to the Rhode Island Housing Resources Act for a term expiring January 31, 2002.

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

3. Appointment of Dennis Langley of East Greenwich (Representative of Agency Advocating for Racial Minorities) to the Rhode Island Housing Resources Act for a term expiring January 31, 2001.

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

4. Appointment of Anthony Patrick of Providence (Representative of the Homeless) to the Rhode Island Housing Resources Act for a term expiring January 31, 2001.

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

5. Appointment of Kevin Flynn of Cranston (Local Planner) to the Rhode Island Housing Resources Act for a term expiring January 31, 2000.

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

6. Appointment of Robert Benoit of North Smithfield (Local Building Officer) to the Rhode Island Housing Resources Act for a term expiring January 31, 2000.

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

7. (99(H 5442) An Act to vacate the forfeiture or revocation of the charter of Equity Concepts, Inc.

Ordered on the Consent Calendar.

8. (99-5 296) An Act reinstating and restoring forfeited or revoked corporate charters.

Ordered on the Consent Calendar.



RAYMOND T. HOYAS, JR.
Clerk of the Senate
Tuesday, February 2, 1999

Appendix



CALENDAR


In order for Thursday, February 4, 1999:

1. Reappointment of Barbara A. Rayner, MSW, CISW of Coventry as Director of the Department of Elderly Affairs.

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

2. Reappointment of Lee Arnold of Warwick as Director of the Department of Labor and Training.

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

3. Reappointment of A. Kathryn Power of Barrington as Director of the Department of Mental Health, Retardation and Hospitals.

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



RAYMOND T. HOYAS, JR.
Clerk of the Senate
Tuesday, February 2, 1999



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