SENATE JOURNALS 03-02-1999

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. 21 Tuesday, March 2, 1999 Twenty-first Day

The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Charles J. Fogarty, at 4:12 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, Doneian, Enos, Felag, Flynn, Fogarty, GalJo, Gibbs, Goodwin, Grariano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patter-son, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Tocco, Walaska, Walsh, Walton.

ABSENT - 1; Senator Sosnowski.

INVOCATION

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

(See Appendix for Invocation)

PLEDGE OF ALLEGIANCE TO THE FLAG

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

APPROVAL OF RECORD

The Senate Journal of Wednesday, February 24, 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 Montalbano, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Arlindo Alves, who will be serving as a legislative intern.

Upon suggestion of Senator Coderre, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Rufino Hernandez, President of The Events Group.

Upon suggestion of Senators Walsh and Kelly, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Evelyn Smith, President of the Rhode Island Business and Professional Womens Association.

Upon suggestion of Senators Perry and Kelly, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the Honorable Linda Kushner, former State Representative from Providence and Letitia Carter.

COMMUNICATION

His Honor, the Lieutenant Governor, presents the following communication:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER
March 2, 1999

Lt. Governor Charles Fogarty
Room 144, State House
Providence, RI 02903

Dear Governor Fogarty:

Due to elected surgery performed on March 1st, 1999 and under the care of my physician my recovery period will take approximately 72 hours.

Please note my absence from the Senate Session on March 2nd, 3rd and 4th, 1999.

Respectfully submitted,

V. SUSAN SOSNOWSKI
Senator, District 6

Received and ordered to be placed on file.

FROM THE

HOUSE OF REPRESENTATIVES

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

(99-H 5421) An Act relating to taxation.

Read and referred to the Committee on Corporations.

Also:

(99-H 6089) An Act relating to towns and cities - town housing authority.

Read and referred to the Committee on Corporations.

REPORTS OF COMMITTEES

COMMITTEE ON CORPORATIONS

Senator Irons, from the Committee on Corporations, reports back, with recommendation of passage of the following measure:

(99-H 5184) An Act relating to taxation -property subject to taxation.

Read and ordered to be placed on the Calendar.

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 William D. Anker, Ph.D. of North Smithfield as Director of the Department of Transportation.

Read and ordered to be placed on the Calendar.

Reappointment of Robert L. Carl, Jr., Ph.D. of Jamestown as Director of the Department of Administration.

Read and ordered to be placed on the Calendar.

Appointment of Armand F. Ferland of Lincoln (Representative of the Rhode Island Builders Association) to the Rhode Island Housing Resources Act for a term expiring January 31, 2000.

Read and ordered to be placed on the Calendar. TRANSFER OF BILLS

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 Health, Education and Welfare:

(99-S 602) An Act relating to health and safety - residential care facility licensing act.

Read and referred to the Committee on Health, Education and Welfare.

Senator Paiva Weed, from the Committee on Judiciary, in accordance with Senate Rule 6.14, moves to transfer the following bills from the Committee on Judiciary to the Committee on Health, Education and Welfare:

(99-S 479) An Act relating to the uniform controlled substances act.

Read and referred to the Committee on Health, Education and Welfare.

(99-S343) An Act relating to insurance - health - contraceptive devices.

Read and referred to the Committee on Health, Education and Welfare.

NEW BUSINESS

The following item s are received and referred to committee pending any objection of the body on the next legislative day.

Senators Issa, Coderre, Alves, Igliozzi, Tocco and others present (99-S 824) Senate Resolution respectfully requesting the Veterans Administration to restore funding to VISN One (Veteran Integrated Service Network).

Read and referred to the Committee on Finance.

Senators Walaska, Donelan, Revens and McCaffrey present (99-S 825) Senate Resolution respectfully requesting that the Federal Government provide funding for the purchase of Rocky Point Park as open space.

Read and referred to the Committee on Finance.

Senators Kelly and Algiere present (99-S 826) Senate Resolution extending condolences.

Senator Kelly requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator Kelly, seconded by Senator Algiere, and by unanimous consent, read and passed, under suspension of the rules, upon a rising vote.

Senators Kelly and Algiere present (99-S 827) Senate Resolution extending congratulations.

Senator Kelly requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senators Kelly and Algiere present (99-S 828) An Act reinstating and restoring forfeited or revoked corporate charters.

Read and ordered to be placed on the Consent Calendar.

Senator Gallo presents (99-S 829) Senate Resolution congratulating Stacey Lehrer on receiving a Bronze Distinguished Finalist Medallion from Prudential.

Senator Gallo requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

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 90 as amended) Joint Resolution creating a special legislative commission to study the implementation of recommendations of the Auditor General.

2. (99-S 821) An Act to vacate the forfeiture or revocation of the charter of J. Vingi & Son, Inc.

CALENDAR

In order for the day is taken up as follows:

1. (99-S 340 as amended) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage as amended.

Senator McCaffrey moves passage, seconded by Senators Graziano, Paiva Weed and Celona.

The act is read and passed, as amended, by unanimous consent, upon a roll call vote with 46 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS 46; Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Ruggerio, Sasso, Tocco, Walaska, Walsh, Walton.

NAYS -0.

2. (99-S 9) (Substitute "A"- An Act relating to captive insurance companies.

Ordered on the Calendar.

Senator Irons moves passage, seconded by Senators Goodwin, Tocco, McDonald, Roney and others.

The bill marked Substitute "A" is read and passed, in concurrnence, and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 46 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 46: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, I-enihan, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Tocco, Walaska, Walsh, Walton.

NAYS -0.

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 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 t)~e Senate in Room 313 of the State House.

Also:

Senator Izzo announces that the Committee on Health, Education and Welfare will meet on Wednesday, March 3, 1999, at the rise of the Senate in Room 211 of the State House.

Also:

Senator Ruggerio announces that the Committee on Labor will meet on Wednesday, March 3, 1999, at 3:00 o'clock P.M. in Room 212 of the State House.

ADJOURNMENT

Upon motion of Senator Kelly, seconded by Senator Algiere, the Senate adjourns at 4:28 o'clock P.M.

RAYMOND T. HOYAS, JR.
Clerk of the Senate

Appendix

INVOCATION
SENATOR JOHN PATTERSON
May that which draws us to be Senators, be a sincere desire to help our fellow man and a need for involvement. Help us to give proper direction to our motives, Lord, in helping the people of our state.Amen.

Appendix

CONSENT CALENDAR

In order for Wednesday, March 4, 1999:

1. (99-S 828) An Act reinstating and restoring forfeited or revoked corporate charters.

Ordered on the Consent Calendar.

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

Appendix

CALENDAR

In order for Thursday, March 4, 1999:

1. (99-S 194) An Act relating to motor and other vehicles- registration.

Committee on Special Legislation recommends passage.

2. Reappointment of William D. Anker, Ph.D. of North Smithfield as Director of the Department of Transportation.

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

3. Reappointment of Robert L. Carl, Jr., Ph.D. of Jamestown as Director of the Department of Administration.

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

4. Appointment of Armand F. Ferland of Lincoln (Representative of the Rhode Island Builders Association) 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.

5. (99-H 5184) An Act relating to taxation -prorerty subject to taxation.

Committee on Corporations recommends passage in concurrence.

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

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