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. 24 Tuesday, March 9, 1999 Twenty-fourth Day
The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Charles J. Fogarty, at 4:09 o'clock P.M.

The roll is called and a quorum is declared present with 48 Senators present and 2 Senators absent as follows:

PRESENT - 48; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Doneian, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Gra~iano, Iglioz:';i, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Oster, Paiva Weed, Parella, Patterson, Perry, Raptal;is, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

ABSENT - 2: Senators Caprio, Montalbano.

INVOCATION



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

(See Appendix for Invocation)


PLEDGE OF ALLEGIANCE TO THE FLAG



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

APPROVAL OF RECORD


The Senate Journal of Thursday, March 4, 1999 proceedings is read in part.

Upon suggestion of Senator Enos and by unanimous consent, further reading of the Journal is dispensed with and the Journal approved as recorded.

GUESTS


Upon suggestion of Senators Tocco, Graziano and Kelly, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber from the town of Johnston, the Honorable William Macera, Mayor, Stephen Angell, Council President and Leo Fox, Finance Director.

APPROVED BY THE GOVERNOR




His Honor, the Lieutenant Governor, presents an announcement of the receipt by the Secretary of State of the following measure, signed and approved March 4, 1999, by His Excellency, the Governor:

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

JAMES R. LANGEVIN
Secretary of State

Received and ordered to be placed on file.

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

March 3, 1999

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions ofSection29-3.1-2.2 ofthe Rhode Island General Laws, I have made the following appointment to the Library Board of Rhode Island;

Joshua Teverow, Esquire of Providence
(Representing public library trustees)
VICE
Sheldon Sollosy

for a term expiring December 31, 2001.

To this appointment, I respectfully 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

March 3, 1999 To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 29-3.1-2.2 ofthe Rhode Island General Laws, I have made the following reappointment to the Library Board of Rhode Island;

Donna Good of East Greenwich (Representing School Libraries) for a term expiring December 31, 2001.

To this appointment, I respectfully 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

March 3, 1999

To the Honorable, the Senate;

I have the honor to inform you that in accordance with the provisions of Section 42-75-2 of the Rhode Island General Laws, I have made the following reappointment to the Rhode Island State Council on the Arts;

Anne H. Allen of Greenville

for a term expiring March 1, 2002.

To this reappointment, I respectfully 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

March 3, 1999 To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 42-75-2 of the Rhode Island General Laws, I have made the following reappointment to the Rhode Island State Council on the Arts;

Florence Weintraub of Providence

for a term expiring March 1, 2002.

To this reappointment, I respectfully 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

March 8, 1999

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 46-15.1-2 of the Rhode Island General Laws, I have made the following reappointment to the Water Resources Board;

Frank L. Nunes of Middletown (Public Member)

for a term expiring March 1, 2002.

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

Sincerely,


LINCOLN ALMOND
Governor



Read and referred to the Committee on Judiciary.

REPORTS OF COMMITTEES
TRANSFER OF BILLS


Senator Irons, from the Committee on Corporations, in accordance with Senate Rule 6.14, moves to transfer the following bills from the Committee on Corporations to the Committee on Finance:

(99-S 514) Senate Resolution requesting the Department of Human Services to develop an acuity-based adjustment for reimbursing nursing home care under medical assistance.

Read and referred to the Committee on Finance.

(99-S 519) An Act relating to human services medical assistance.

Read and referred to the Committee on Finance.

(99-S 571) An Act relating to businesses and professions - nursing home administrators.

Read and referred to the Committee on Finance.

(99-S 578) An Act relating to deferred compensation plans.

Read and referred to the Committee on Finance.

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

(99-S280) An Act relating to licensing of health care facilities.

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

(99-S 372) An Act relating to health and safety - licensing of health care facilities.

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

(99-S 373) An Act relating to health and safety - licensing of health care facilities.

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

(99-S 453) An Act relating to physicians assistants.

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

(99-S 509) An Act relating to licensing of health care facilities.

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

(99-S 504) An Act relating to businesses and professions - Board of Medical Licensure.

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

(99-S478) An Act relating to licensing of health care facilities.

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

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 647) An Act relating to domestic law -paternity.

Read and referred to the Committee on Judiciary.

COMMITTEE ON CORPORATIONS


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

(99-S 374) (Substitute "A" as amended) An Act relating to the Charlestown fire district.

Read and ordered to be placed on the Calendar.

(99-S 817) An Act validating and ratifying amendments to the Home Rule Charter of the city of Pawtucket.

Read and ordered to be placed on the Calendar.

(99-S 818) An Act relating to taxation - levy and assessment of local taxes.

Read and ordered to be placed on the Calendar.

(99-S 673) An Act relating to the state building code - Building Code Standards Committee.

Read and ordered to be placed on the Calendar.

(99-S 180) An Act relating to public utilities and carriers towing storage act.

Read and ordered to be placed on the Calendar.

(99-S 134 as amended) An Act relating to state affairs and government - distressed areas economic revitalization act.

Read and ordered to be placed on the Calendar.

(39-5 237) An Act relating to taxation -collection of taxes generally.

Read and ordered to be placed on the Calendar.

COMMITTEE ON FINANCE


Senator Lenihan, from the Committee on Finance, reports back, with recommendation of passage of the following measure:

(99-S 476) An Act relating to human services.

Read and ordered to be placed on the Calendar.

COMMITTEE ON JUDICIARY


Senator Paiva Weed, from the Committee on Judiciary, reports back, with recommendation of passage of the following measures:

(99-S 15) An Act relating to domestic relations - visitation rights.

Read and ordered to be placed on the Calendar.

(99-S 190 as amended) An Act relating to domestic violence- confidentiality of victims' addresses.

Read and ordered to be placed on the Calendar.

(99-S335) An Act relating to domestic relations.

Read and ordered to be placed on the Calendar.

(99-S 690) An Act relating to domestic relations - divorce and separation.

Read and ordered to be placed on the Calendar.

COMMITTEE ON SPECIAL LEGISLATION


Senator Goodwin, from the Committee on Special Legislation, reports back, with recommendation of passage of the following measures:

(99-S 494) Senate Resolution extending the reporting date of the special Senate commission to study methods of increasing the fish stock along the eastern seaboard.

Read and ordered to be placed on the Consent Calendar.

(99-S 276) An Act relating to state lottery.

Read and ordered to be placed on the Calendar.

(99-S 313) Senate Resolution creating a special legislative commission to study urban in~astructure and make recommendations therefor.

Read and ordered to be placed on the Calendar.

(99-S 755) An Act relating to the Persian Gulf Commission.

Read and ordered to be placed on the Calendar.

CONSENT CALENDAR




In order for the day is taken up as follows:

Upon motion of Senator Enos, 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 118) Senate Resolution extending the reporting date of the special Senate commission to study food allergies and matters relating thereto.

CALENDAR


In order for the day is taken up as follows:

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

Committee on Corporations recommends passage.

Senator Paiva Weed moves passage, seconded by Senators Cicilline and Goodwin.

The act is read and passed, by unanimous consent, upon a roll call vote with 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 45; Senators Algiere, Alves, Bates, Blais, Breene, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, I;';zo, Kells, Lenihan, McBurney, McCaffrey, McDonald, Oster, Paiva Weed, Parella, Patterson, Perry, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

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

Committee on Corporations recommends passage.

Senator Irons moves passage, seconded by Senators Paiva Weed, Bates and Blais.

The act is read and passed, 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, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Oster, Paiva Weed, Parella Patterson, Perry, Revens, Roberts, Roney, Ruggerio, Sasso' Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

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

Committee on Labor recommends passage.

Senator Ruggerio moves passage, seconded by Senators Celona, McDonald, Enos, Cote, Damiani and Felag.

The act is read and passed, 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, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, GalJo, Gibbs, Goodwin Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Oster, Paiva Weed, Parella, Patterson, Perry, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, 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 Cote announces that the Committee on Corporations will meet today at the rise of the Senate in Room 212 of the State House.

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 Izzo announces that the Committee on Health, Education and Welfare will meet on Wednesday, March 10, 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 10, 1999, at 3:00 o'clock P.M. in Room 212 of the State House.

Also:

Appendix


Senator Goodwin announces that the Committee on Special Legislation will meet on Wednesday, March 10, 1999, at the rise of the Senate in the Senate Lounge of the State House.

ADJOURNMENT




Upon motion of Senator Kelly, seconded by Senator Algiere, and upon suggestion of Senator Perry, the Senate adjourns at 4:27 o'clock P.M., on a unanimous rising vote, as a further mark of respect to the memory of the Honorable Harry Blackmun, former Justice of the United States Supreme Court.



RAYMOND T. HOYAS, JR.
Clerk of the Senate


INVOCATION

SENATOR V. SUSAN SOSNOWSKI



Dear God, we thank You for every day You have given us life. Give us grace, wisdom and strength for all the days and for everything we may encounter in this life.Amen.



Appendix


CONSENT CALENDAR




In order for Wednesday, March 10, 1999:

1. (99-S 494) Senate Resolution extending the reporting date of the special Senate commission to study methods of increasing the fish stock along the eastern seaboard.

Committee on Special Legislation recommends passage.



RAYMOND T. HOYAS, JR.
Clerk of the Senate
Tuesday, March 9, 1999

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.

Appendix


CALENDAR


In order for Thursday, March 11, 1999:

1. (99-S 180) An Act relating to public utilities and carriers- towing storage act.

Committee on Corporations recommends passage.

2. (99-S 134 as amended) An Act relating to state affairs and government - distressed areas economic revitalization act.

Committee on Corporations recommends passage as amended.

3. (99-S 237) An Act relating to taxation -collection of taxes generally.

Committee on Corporations recommends passage.

4. (99-S 374) (Substitute "A" as amended) An Act relating to the Charlestown fire district.

Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.

5. (99-S 673) An Act relating to the state building code- Building Code Standards Committee.

Committee on Corporations recommends passage.

6. (99-S 817) An Act validating and ratifying amendments to the Home Rule Charter of the city of Pawtucket.

Committee on Corporations recommends passage.

7. (99-S 818) An Act relating to taxation - levy and assessment of local taxes.

Committee on Corporations recommends passage.

8. (99-S 476) An Act relating to human services.

Committee on Finance recommends passage.

9. (99-S 1,5) An Act relating to domestic relations - visitation rights.

Committee on Judiciary recommends passage.

10. (99-S 190 as amended) An Act relating to domestic violence- confidentiality of victims' addresses.

Committee on Judiciary recommends passage as amended.

11. (99-S 335) An Act relating to domestic relations.

Committee on Judiciary recommends passage.

12. (99-S 690) An Act relating to domestic relations - divorce and separation.

Committee on Judiciary recommends passage.

13. (99-S 276) An Act relating to state lottery.

Committee on Special Legislation recommends passage.

14. (99-S 313) Senate Resolution creating a special legislative commission to study urban infrastructure and make recommendations therefor.

Committee on Special Legislation recommends passage.

15. (99-S 755) An Act relating to the Persian Gulf Commission.

Committee on Special Legislation recommends passage.



RAYMOND T. HOYAS, JR.
Clerk of the Senate
Tuesday, March 9, 1999


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