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. 23 Thursday, March 4, 1999 Twenty-third 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 47 Senators present and 3 Senators absent as follows:

PRESENT - 47: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Celona, Cicilline, Coderre, Connors, Cole, Damiani, DaPonte, Doneian, Enos, Felag, Flynn, Fogarty, GalJo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Rug~erio, Sasso, Tocco, Walaska, Walsh, Walton.

ABSENT - 3: Senators Canrio, Montalbano, Sosnowski.

INVOCATION



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

(See Appendix for Invocation)


PLEDGE OF ALLEGIANCE TO THE FLAG



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

APPROVAL OF RECORD


The Senate Journal of Wednesday, March 3, 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 Coderre, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Vera Lopes who will be serving as a page this year.

Upon suggestion of Senators Issa and Kelly, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the Honorable Helen Mathieu, former State Senator from Portsmouth.

EFFECTIVE WITHOUT
THE SIGNATURE OF THE GOVERNOR




His Honor, the Lieutenant Governor, presents an announcement of the receipt by the Secretary of State of the following measures which became effective without the signature of His Excellency, the Governor on March 3, 1999:

(99-S 3) An Act reinstating and restoring forfeited or revoked corporate charters.

(99-S 89) An Act reinstating and restoring forfeited or revoked corporate charters.

JAMES R. LANGEVIN
Secretary of State

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 6224) An Act authorizing the city of East Providence to finance the planning, construction and reconstruction of streets and/or sidewalks within the city and to issue not more than $3,000,000 bonds and notes therefor.

Read and referred to the Committee on Corporations.

REPORTS OF COMMITTEE


COMMITTEE ON
HEALTH, EDUCATION AND WELFARE


Senator Izzo, from the Committee on Health, Education and Welfare, reports back, with recommendation of passage of the following measures:

(99-S 112 as amended) An Act relating to health and safety- emergency medical transportation services.

Read and ordered to be placed on the Calendar.

(99.5 475 as amended) An Act relating to state affairs and government.

Read and ordered to be placed on the Calendar.

(99-S 710) An Act relating to community health centers.

Read and ordered to be placed on the Calendar.

(99-S 718 as amended) An Act relating to education.

Read and ordered to be placed on the Calendar.

(99-S740) An Act relating to education Board of Governors and Board of Regents.

Read and ordered to be placed on the Calendar.

(99-S 118) Senate Resolution extending the reporting date of the special Senate commission to study food allergies and matters relating thereto.

Read and ordered to be placed on the Consent Calendar.


NEW BUSINESS


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

Senators Bates, Flynn, Kelly, Gibbs, Parella and others present (99-S 833) Senate Resolution expressing condolences on the passing of former State Senator Robert J. Janes.

Senator Bates requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senators Coderre, Goodwin, DaPonte, Ruggerio, Algiere and others present (99-S 834) Joint Resolution creating a special legislative commission to study commuter rail service.

Read and referred to the Committee on Special Legislation.

Senators Kelly and Algiere present (99-S 835) 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 836) 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.

CONSENT CALENDAR




In order for the day is taken up as follows:

Upon motion of Senator Kelly, seconded by Senator Algiere, the following measure on today's Consent Calendar, by unanimous consent, is read and passed upon a voice vote:

1. (99-S 831) An Act to vacate the forfeiture or revocation of the charter of R.W.O., Inc.

CALENDAR


In order for the day is taken up as follows:

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

Committee on Special Legislation recommends passage.

Senator Cote moves passage, seconded by Senators Kells, Goodwin, Tocco, Igliozzi and others.

Senator Cote, seconded by Senators Goodwin and Kells, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(99-S 194)


Mr. President:

I hereby move to amend (99-S 194) entitled "AN ACT RELATING TO MOTOR AND OTHER VEHICLES - REGISTRATION", as follows:

On page 1, line 6, by inserting the words and figures "whose gross weight is not more than eight thousand five hundred pounds (8,500 lbs.)" after the word "vehicles".

On page 2, line 10, by deleting the words "upon passage" and inserting in place thereof the word and figures "July 1, 2000".

Respectfully submitted,

MARC A. COTE
Senator, District 31

The motion to amend prevails upon a roll call vote with 44 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 44: Senators Algiere, Alves, Bates, Blais, Breene, Celona, Cicilline, Coderre, Connors, Cole, Damiani, DaPonte, Doneian, Enos, Felag, Flynn, Fogarty, GalJo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, I-enihan, McBurney, McCaffrey, McDonald, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Ruggerio, Sasso, Tocco, Walaska, Walsh, Walton.

NAYS -O.

Upon motion of Senator Cote, seconded by Senator Kells, read and passed, as amended, by unanimous consent, upon a roll call vote with 44 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 44: Senators AJgiere, Alves, Bates, Blais, Breene, Celona, Cicilline, Coderre, Connors, Cole, Damiani, DaPonte, Doneian, Enos, Felag, Flynn, Fogarty, GalJo, Gibbs, Goodwin, Graziano, Iglioszi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Ruggerio, Sasso, Tocco, Walaska, Walsh, Walton.

NAYS -O.

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.

Senator Enos, seconded by Senators Kelly, Coderre, Paiva Weed, Lenihan, Walton, Felag, Fogarty, Connors, Patterson, Parella, Celona, Tocco, Alves, Sasso, Roberts, Flynn, Algiere, Perry and many others, moves that confirmation of the Senate be given this appointment.

Senators Kelly, Algiere, Walsh, Blais, Celona, Kells, Flynn and Igliozzi discuss the confirmation.

By unanimous consent, the confirmation of the Senate is given this appointment, upon a roll call vote with 44 Senators voting in the afiirmative and 0 Senators voting in the negative as follows:

YEAS - 44: Senators Algiere, Alves, Bates, Blais, Breene, Celona, Cicilline, Coderre, Connors, Cole, Damiani, DaPonte, DoneJan, Enos, Felag, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Igliozzi, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Tocco, Walaska, Walsh, Walton.

NAYS -O.

GUESTS


Upon suggestion of Senator Paiva Weed, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber William D. Anker, Ph.D., Director of the Department of Transportation.

Upon suggestion of Senator Enos, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber from the Department of Transportation James Jerue, Executive Council and Brian Peterson, CFO.

CALENDAR




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.

Upon motion of Senator Paiva Weed, seconded by Senators Kelly, Enos, Coderre, Connors, Cicilline, Algiere, Gibbs, Ruggerio and others, and by unanimous consent, the confirmation of the Senate is given this appointment, upon a roll call vote with 44 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 44: Senators Algiere, Bates, Blais, Breene, Celona, Cicilline, Coderre, Connors, Cole, Damiani, DaPonte, Doneian, Enos, Fela~, Flynn, Fogarty, Gibbs, Goodwin, Grariano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Tocco, Walaska, Walsh, Walton.

NAYS -O.

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.

Upon motion of Senator Paiva Weed, seconded by Senators Kelly, Cicilline and Algiere, and by unanimous consent, the confirmation of the Senate is given this appointment, upon a roll call vote with 43 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 43: Senators AJfflere, Alves, Bates, Blais, Breene, Celona, CicilJine, Coderre, Connors, Damiani, DaPonte, Doneian, Enos, Felag, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Igliozzi, Issa, Izzo, KelJs, Kelly, Lenihan, McBr'rney, McCaffrey, McDonald, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Tocco, Walaska, Walsh, Walton.

NAYS -O.

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

Committee on Corporations recommends passage in concurrence.

Senator Cote moves passage, seconded by Senator Paiva Weed.

The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 44 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 44: Senators Algiere, Alves, Bates, Blais, Breene, Celona, Cicilline, Coderre, Connors, Cole, Damiani, DaPonte, DoneIan, Enos, Felag, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Igliozzi, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Tocco, Walaska, Walsh, Walton.

NAYS -O.

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.

ANNOUNCEMENT


Senator Lenihan announces that the Committee on Finance 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 Bates, the Senate adjourns at 4:40 o'clock P.M., on a unanimous rising vote, as a further mark of respect to the memory of the Honorable Robert J. Janes, former State Senator from Barrington and former Director of the State Department of Business Regulation. His contributions to his community and the State of Rhode Island will long be remembered.



RAYMOND T. HOYAS, JR.
Clerk of the Senate


Appendix



INVOCATION

SENATOR DANIEL I. ISSA



Dear God, please keep your arm over our shoulder, and your hand over our mouths, when needed. Amen.



Appendix



CONSENT CALENDAR




In order for Tuesday, March 9, 1999:

1. (99-S 118) Senate Resolution extending the reporting date of the special Senate commission to study food allergies and matters relating thereto.

Committee on Health, Education and Welfare recommends passage.



RAYMOND T. HOYAS, JR.
Clerk of the Senate
Thursday, March 4, 1999

Appendix



CALENDAR


In order for Tuesday, March 9, 1999:

1. (99-S 204) An Act relating to taxation property subject to taxation.

Committee on Corporations recommends passage.

2. (99-S 576) An Act relating to insurance -single license procedure act.

Committee on Corporations recommends passage.

3. (99-S 111) An Act relating to labor -penalties for unlicensed work.

Committee on Labor recommends passage.

Appendix



CALENDAR


In order for Wednesday, March 10, 1999:

1. (99-S 112 as amended) An Act relating to health and safety - emergency medical transportation services.

Committee on Health, Education and Welfare recommends passage as amended.

2. (99-S 475 as amended) An Act relating to state affairs and government.

Committee on Health, Education and Welfare recommends passage as amended.

3. (99-S 710) An Act relating to community health centers.

Committee on Health, Education and Welfare recommends passage.

4. (99-S 718 as amended) An Act relating to education.

Committee on Health, Education and Welfare recommends passage as amended.

5. (99-S 740) An Act relating to education -Board of Governors and Board of Regents.

Committee on Health, Education and Welfare recommends passage.



RAYMOND T. HOYAS, JR.
Clerk of the Senate
Thursday, March 4, 1999



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