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. 14
Wednesday, February 3, 1999
Fourteenth Day
The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Charles J. Fogarty, at 4:11 o'clock P.M.
The roll is called and a quorum is declared present with 46 Senators present and 4 Senators absent as follows:
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Walsh, to deliver the invocation.
(See Appendix for Invocalion)
PLEDGE OF ALLEGIANCE TO THE FLAG
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Walsh, to lead the Senate in the pledge of allegiance to the flag.
APPROVAL OF RECORD
The Senate Journal of Tuesday, February 2, 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 Walaska, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Kelli Foster, named to the First Team All American - Girls Soccer, her mother Paula Foster and her grandfather James Foster.
Upon suggestion of Senator Graziano, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Denise ~ianco of Johnston.
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 Christine Ferguson of Jamestown as Director of the Department of Human Services.
Read and ordered to be placed on the Calendar.
Reappointment of Jay G. Lindgren, Jr. of Tiverton as the Director of the Department of Children, Youth and Families.
Read and ordered to be placed on the Calendar.
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 237) An Act relating to taxation -collection of taxes generally.
Read and referred to the Committee on Corporations.
(99-S 242) An Act relating to the award of municipal contracts.
Read and referred to the Committee on Corporations.
(99-S302) An Act relating to public utilities and carriers-
cable television.
Read and referred to the Committee on Corporations.
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 Judiciary:
(99-S 264) An Act relating to jails and prisons.
Read and referred to the Committee on Judiciary.
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 Health, Education and Welfare:
(99-S271) An Act relating to education - school speech and language pathologists.
Read and referred to the Committee on Health, Education and Welfare.
(99-S 288) An Act relating to certification of child care personnel.
Read and referred to the Committee on Health, Education and Welfare.
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 Joint Committee on Environment and Energy:
(99-S 274) An Act relating to health - testing of rivers.
Read and referred to the Joint Committee on Environment and Energy.
NEW BUSINESS
Senators Kells, Fogarty, Gallo, McCaffrey, Tocco and others present (by request of the Lieutenant Governor) (99-S 304) An Act relating to health and safety - residential care facility licensing act.
Read and referred to the Committee on Health, Education and Welfare.
Senators Felag, Kells, McCaffrey, Alves, Goodwin and others present (99-S 305) An Act relating to health and safety - abortions.
Read and referred to the Committee on Judiciary.
Senators Felag, Kells, Igliozzi, Damiani and Tocco present (99-S 306) An Act relating to state affairs and government.
Read and referred to the Committee on Finance.
Senators Kells, Fogarty, Gallo, McCaffrey, Tocco and others present (by request of the Lieutenant Governor) (99-S 307) An Act relating to health and safety - licensing of health care facilities.
Read and referred to the Committee on Health, Education and Welfare.
Senators Graziano and Celona present (99-S 308) An Act relating to public officers and employees.
Read and referred to the Committee on Finance.
Senators Raptakis, Walaska, Alves, Celona and Patterson present (99-S 309) An Act relating to the motor vehicle emissions inspection program.
Read and referred to the Committee on Finance.
Senator Oster presents (99-S 310) An Act relating to education Rhode Island Certification Standards Board.
Read and referred to the Committee on Health, Education and Welfare.
Senator Oster presents (99-S 311) An Act relating to unfair sales practices.
Read and referred to the Committee on Corporations.
Senator Badeau presents (99-S 312) An Act relating to motor and other vehicles
registration of vehicles.
Read and referred to the Committee on Special Legislation.
Senators Igliozzi, Tocco, Celona and Ruggerio present (99-S 313) Joint Resolution creating a special legislative commission to study urban infrastructure and make recommendations therefor.
Read and referred to the Committee on Special Legislation.
Senators Cote, Coderre, Celona, Kells and McBurney present (99-S 314) Senate Resolution creating a special Senate commission to review state fire code requirements for apartment houses.
Read and referred to the Committee on Special Legislation.
Senators Walsh, Sosnowski, Walton, Perry and Cicilline present (99-S 315) An Act relating to alcoholic beverages retail licenses.
Read and referred to the Committee on Special Legislation.
Senators Gibbs, Bates, Sosnowski, Sasso, Walsh and others present (99-S 316) Senate Resolution memorializing the United States Senate to ratify the United Nations Convention on the elimination of all forms of discrimination of against women.
Read and referred to the Committee on Special Legislation.
Senators Walton, DaPonte, Perry, Goodwin, Kelly and others present (99-S317) An Act relating to public utilities - Public Transit Authority.
Read and referred to the Committee on Special Legislation.
Senator Badeau presents (99-S 318) An Act relating to labor and labor relations - workers' compensation - benefits.
Read and referred to the Committee on Labor.
Senator Badeau presents (99-S 319) An Act relating to labor.
Read and referred to the Committee on Labor.
Senator Badeau presents (99-S 320) An Act relating to holidays and days of special observance.
Read and referred to the Committee on Labor.
Senators Cicilline, Perry and Roberts present (99-S 321) An Act relating to state employees.
Read and referred to the Committee on Labor.
Senators Gallo, DaPonte and Sasso present (99-S 322) An Act relating to education - school speech and language pathologists.
Read and referred to the Committee on Health, Education and Welfare.
Senators Roberts, Gibbs, Coderre, Goodwin and Connors present (by request of the Lieutenant Governor) (99-S 323) An Act relating to health
and safety Long Term Care Coordinating
Council.
Read and referred to the Committee on Health, Education and Welfare.
Senators Igliozzi, Gibbs, Coderre, Goodwin and Connors present (by request of the Lieutenant Governor) (99-S 324) An Act relating to state affairs and government - housing resources.
Read and referred to the Committee on Health, Education and Welfare.
Senators Perry, Gibbs, Roberts and Roney present (by request of the Lieutenant Governor) (99-S 325) Senate Resolution requesting the Department of Elderly Affairs to study the guardianship needs of frail elders.
Read and referred to the Committee on Health, Education and Welfare.
Senators McCaffrey, Kells, Walaska and DoneIan present (99-S 326) An Act relating to school committees and superintendents.
Read and referred to the Committee on Health, Education and Welfare.
Senators Patterson, Lenihan and Damiani present (by request of the Governor, the Department of Transportation and the State Police) (99-S 327) An Act relating to motor vehicles.
Read and referred to the Committee on Judiciary.
Senators Paiva Weed, Bates, Tocco, Walsh and Oster present (99-S 328) An Act relating to motor vehicles.
Read and referred to the Committee on Judiciary.
Senators Cote and Walaska present (99-S 329) An Act relating to courts and civil procedure -interest on judgment.
Read and referred to the Committee on Judiciary.
Senators Cote and Walaska present (99-S 330) An Act relating to courts - joint and several liability.
Read and referred to the Committee on Judiciary.
Senator Breene presents (by request of the Department of Corrections) (99-S 331) An Act relating to criminal offenses - jails and prisons.
Read and referred to the Committee on Judiciary.
Senator Breene presents (by request of the Department of Corrections) (99-S 332) An Act relating to criminal procedure - expungement of criminal records.
Read and referred to the Committee on Judiciary.
Senators Patterson, Gibbs, Roney and Damiani present (by request of the Governor, the Department of Transportation and the State Police) (99-S 333) An Act relating to criminal offenses.
Read and referred to the Committee on Judiciary.
Senators Paiva Weed, Oster, Connors, McCaffrey and Igliozzi present (99-S 334) An Act relating to workers' compensation.
Read and referred to the Committee on Judiciary.
Senators Paiva Weed, Goodwin, Perry, Roberts, Walsh and others present (99-S 335) An Act relating to domestic relations.
Read and referred to the Committee on Judiciary.
Senators Lenihan and Paiva Weed present (99-S 336) An Act relating to public records.
Read and referred to the Committee on Judiciary.
Senators Lenihan and Roney present (99-S 337) An Act relating to courts.
Read and referred to the Committee on Judiciary.
Senators Damiani, Breene, Enos, Celona, Ruggerio and others present (99-S 338) An Act relating to the Department of Corrections.
Read and referred to the Committee on Judiciary.
Senators McCaffrey and Walaska present (99-S 339) An Act relating to solemnization of marflages.
Read and referred to the Committee on Judiciary.
Senators McCaffrey and Walaska present (99-S 340) An Act relating to solemnization of marriages.
Read and referred to the Committee on Judiciary.
Senators McCaffrey and Walaska present (99-S 341) An Act relating to public records.
Read and referred to the Committee on Judiciary.
Senators Breene, Damiani, Walsh, Flynn, Blais and others present (99-S 342) An Act relating to weapons.
Read and referred to the Committee on Judiciary.
Senators Perry, Gallo, Walsh, Gibbs, Sosnowski and others present (99-S 343) An Act relating to insurance health contraceptive devices.
Read and referred to the Committee on Judiciary.
Senators Gibbs, Parella, Blais, Breene and Patterson present (by request of the Governor and the State Police) (99-S 344) An Act relating to alcohol boating safety.
Read and referred to the Committee on Judiciary.
Senator Breene presents (by request of the Department of Corrections) (99-S 345) An Act relating to criminal offenses.
Read and referred to the Committee on Judiciary.
Senators Ruggerio, Goodwin, Tocco, Igliozzi, Kells and others present(99-S346) An Act relating to state affairs and government-
Corrections Department.
Read and referred to the Committee on Judiciary.
Senators Ruggerio, Damiani, Connors, Walton, Goodwin and others present (99-S 347) An Act relating to labor relations.
Read and referred to the Committee on Labor.
Senators Ruggerio, Celona, Kells, Goodwin, Tocco and others present (99-S 348) An Act relating to labor and labor relations.
Read and referred to the Committee on Labor.
Senators Igliozzi, Tocco, Felag, Celona and Ruggerio present (99-S 349) An Act relating to taxation - elimination of inventory tax.
Read and referred to the Committee on Finance.
Senators Paiva Weed, Kelly, Perry, Roney, Parella and others present (by request of the Attorney General) (99-S 350) An Act relating to Superior Court.
Read and referred to the Committee on Judiciary.
Senators Graziano, Walsh, Montalbano, Parella, Celona and others present (99-S 351) Joint Resolution making an appropriation of $5,000,000 for the Department of Administration.
Read and referred to the Committee on Finance.
Senators Cote, Irons, Walaska and DaPonte present (99-S 352) An Act relating to taxation -public service corporation tax.
Read and referred to the Committee on Finance.
Senators Cicilline, Kelly, Enos, Irons, Paiva Weed and others present (by request of the Lieutenant Governor and the General Treasurer) (99-S 353) An Act relating to Higher Education Assistance Authority.
Read and referred to the Committee on Finance.
Senators Perry, Cicilline, Paiva Weed, Roberts, Walsh and others present (99-S 354) An Act relating to the family independence act -allowance for adults.
Read and referred to the Committee on Finance.
Senators Cote, Gibbs, Goodwin, Roberts and Connors present (by request of the Lieutenant Governor) (99-S 355) An Act relating to taxation
personal income tax.
Read and referred to the Committee on Finance.
Senators Perry, Cicilline, Walsh, Gallo and Cote present (99-S 356) An Act relating to taxation.
Read and referred to the Committee on Finance.
Senators Bates, Connors, Patterson, Goodwin, Paiva Weed and others present (by request of the Governor and the National Guard) (99-S 357) An Act relating to military affairs and defense -National Guard.
Read and referred to the Committee on Finance.
Senator Revens presents (99-S 358) An Act relating to health and safety - Rhode Island 21st century health care fund.
Read and referred to the Committee on Finance.
Senators Cicilline, Paiva Weed, Goodwin, Igliozzi and Roberts present (99-S 359) An Act relating to towns and cities - state aid.
Read and referred to the Committee on Finance.
Senators Damiani, DaPonte, Kells, Breene, Montalbano and others present (99-S 360) An Act relating to weapons.
Read and referred to the Committee on Judiciary.
Senators Cicilline, Paiva Weed, Perry, Roberts and Roney present (99-S 361) An Act relating to health care for children and pregnant women.
Read and referred to the Committee on Finance.
Senators Enos, Lenihan, Tocco and Sosnowski present (99-S 362) An Act relating to sales and use taxes - liability and computation.
Read and referred to the Committee on Finance.
Senators Lenihan and Patterson present (99-S 363) An Act relating to public corporations -financial estimates.
Read and referred to the Committee on Finance.
Senators Lenihan, Cicilline, Goodwin, Coderre and Enos present (by request of the General Treasurer) (99-S 364) An Act relating to State Investment Commission.
Read and referred to the Committee on Finance.
Senators Ruggerio, Igliozzi, Damiani, Felag, DaPonte and others present (99-S 365) An Act relating to public property and works - preference to state citizens.
Read and referred to the Committee on Finance.
Senators Ruggerio, Kells, DaPonte, Walton, Damiani and others present (99-S 366) An Act relating to retirement - leave without pay.
Read and referred to the Committee on Finance.
Senators Damiani, Connors, DaPonte, Enos, Breene and others present (99-S 367) An Act relating to health and safety - tattooing and body piercing.
Read and referred to the Committee on Corporations.
Senators McCaffrey, Walaska and Montalbano present (99-S 368) An Act relating to telephone sales solicitation act.
Read and referred to the Committee on Corporations.
Senators DaPonte, Damiani and Irons present (by request of the General Treasurer) (99-S 369) An Act relating to commercial law - general regulatory practices - unfair sales practices.
Read and referred to the Committee on Corporations.
Senators McCaffrey, Walaska and Montalbano present (99-S 370) An Act relating to towns and cities - zoning ordinances.
Read and referred to the Committee on Corporations.
Senators DaPonte, Damiani, Connors, Irons and Gallo present (99-S 371) An Act relating to partnerships.
Read and referred to the Committee on Corporations.
Senators Roberts, Goodwin, Walton, Perry and Connors present (by request of the Lieutenant Governor) (99-S 372) An Act relating to health and safety - licensing of health care facilities.
Read and referred to the Committee on Corporations.
Senators Coderre, Perry, Goodwin, Roberts and Gibbs present (by request of the Lieutenant Governor) (99-S 373) An Act relating to licensing of health care facilities.
Read and referred to the Committee on Corporations.
Senators Walsh, Algiere and Breene present (99-S 374) An Act relating to the Charlestown fire district.
Read and referred to the Committee on Corporations.
Senator Breene presents (by request of the Department of Business Regulation) (99-S 375) An Act relating to insurance.
Read and referred to the Committee on Corporations.
Senator Flynn presents (by request of the Department of Business Regulation) (99-S 376) An Act relating to motor vehicles - retail sale of gasoline.
Read and referred to the Committee on Corporations.
Senator Celona presents (by request) (99-S 377) An Act relating to public property and works -contractors bonds.
Read and referred to the Committee on Corporations.
Senator Breene presents (by request of the Department of Business Regulation) (99-S 378) An Act relating to domestic insurance companies.
Read and referred to the Committee on Corporations.
Senators Felag, Tocco, Goodwin, Kells, Igliozzi and others present (99-S 379) An Act relating to health insurance.
Read and referred to the Committee on Corporations.
Senator Oster presents (99-S 380) An Act relating to automobiles-
warranties.
Read and referred to the Committee on Corporations.
Senators Sasso, Celona and Gallo present (99-S 381) An Act relating to motor and other vehicles - driver's education.
Read and referred to the Committee on Corporations.
Senator Revens presents (99-S 382) An Act relating to the state budget.
Read and referred to the Committee on Finance.
Senators Roney, Roberts, Lenihan, Paiva Weed, Patterson and others present (99-S 383) An Act relating to property tax relief - historical residences.
Read and referred to the Committee on Finance.
CONSENT CALENDAR
In order for the day is taken up as follows:
Upon motion of Senator Kelly, seconded by Senator Algiere, the following appointments and measures on today's Consent Calendar, by unanimous consent, are read and passed upon a voice vote:
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.
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.
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.
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.
5. Appointment of Kevin Flynn of Cranston (Local Planner) to the Rhode Island Housing Resources Act for a term expiring January 31, 2000.
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.
7. (99-H 5442) An Act to vacate the forfeiture or revocation of the charter of Equity Concepts, Inc.
8. (99-S 296) An Act reinstating and restoring forfeited or revoked corporate charters.
ANNOUNCEMENT
Senator Goodwin announces that the Committee on Special Legislation will meet today at the rise of the Senate in the Senate Lounge 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 DONNA WALSH
Almighty God, we ask that you aid us in concerting our best efforts as leaders of our State, as we attempt to make Rhode Island a better place in which its inhabitants may live. Amen.
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.
Appendix
CALENDAR
In order for Tuesday, February 9, 1999:
1. Reappointment of Christine Ferguson of Jamestown as Director of the Department of Human Services.
Committee on Judiciary recommends the Senate give its Advice and Consent to this appointment.
2. Reappointment of Jay G. Lindgren, Jr. of Tiverton as the Director of the Department of Children, Youth and Families.
Committee on Judiciary recommends the Senate give its Advice and Consent to this appointment.
RAYMOND T. HOYAS, JR. Clerk of the Senate
Wednesday, February 3, 1999
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