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. 25 Wednesday, March 10, 1999 Twenty-fifth Day


The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Charles J. Fogarty, at 4:17 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, Cote, DaPonte, Doneian, Enos, Felag, Flynn, Fogarty, GalJo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Izzo, 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 3: Senators Caprio, Damiani, Issa.

INVOCATION



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

(See Appendix for Invocalion)


PLEDGE OF ALLEGIANCE TO THE FLAG



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

APPROVAL OF RECORD


The Senate Journal of Tuesday, March 9, 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.

GUEST


Upon suggestion of Senator Izzo, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber David DiMaio of Cranston, Chair of the 13th Senatorial Democratic Committee.

COMMUNICATION


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

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER

March 10, 1999

Hon. Charles Fogarty
President of the Senate
State House
Providence, RI 02903



Dear Mr. President:

Please be advised that as a result of injuries I sustained as a passenger in an auto accident while out of state on Sunday, March 7, 1999 I will be unable to attend Senate sessions until cleared by my doctors.

Very truly yours, FRANK T. CAPRIO
Senator, District 8

Received and ordered to be placed on file.

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER

March 10, 1999

His Honor, Charles J. Fogarty
Lieutenant Governor
115 State House
Providence, RI 02903



Dear Lt. Governor Fogarty;

Please be advised that I will be absent from the Senate sessions on Thursday and Friday, March 11 and 12, 1999, as I will be out of town. I would appreciate your recording my letter in the appropriate Senate journal.

Thank you.

Sincerely,

JOHN A. PATTERSON
Senator, District 23

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 6244) An Act relating to days of special observance.

Read and referred to the Committee on Special Legislation.

REPORTS OF COMMITTEES


COMMITTEE ON CORPORATIONS


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

(99-S 136) (Substitute "A") An Act relating to state affairs and government - enterprise zones.

Read and ordered to be placed on the Calendar.

(99-S 168) Joint Resolution relating to the city of East Providence.

Read and ordered to be placed on the Consent Calendar.

COMMITTEE ON FINANCE


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

(99-S363) An Act relating to public corporations - financial estimates.

Read and ordered to be placed on the Calendar.

(99-S 364) (Substitute "A") An Act relating to State Investment Commission.

Read and ordered to be placed on the Calendar.

COMMITTEE ON LABOR


Senator Badeau, from the Committee on Labor, reports back, with recommendation of passage of the following measures:

(99-S 188) An Act relating to Division of Personnel Administration.

Read and ordered to be placed on the Calendar.

(99-S 241) An Act relating to electricians.

Read and ordered to be placed on the Calendar.

(99-S 298) An Act relating to labor and labor relations arbitration of school teacher disputes.

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


Senator Goodwin, from the Committee on Special Legislation, in accordance with Senate Rule 6.14, moves to transfer the following bill from the Committee on Special Legislation to the Joint Committee on Environment and Energy:

(99-S 124) An Act relating to furbearing animals.

Read and referred to the Joint Committee on Environment and Energy.


NEW BUSINESS


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

Senator Oster presents (99-S 837) An Act relating to towns and cities - town housing authority.

Read and referred to the Committee on Corporations.

Senators Breene and Flynn present (99-S 838) An Act relating to agriculture and forestry - tree wardens.

Read and referred to the Committee on Corporations.

Senators Fogarty, Kelly, Enos and Coderre present (99-S 839) Senate Resolution congratulating the Eleanor Slater Hospital/Zambarano Unit on the recognition of Zambarano Day.

Senator Fogarty requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

GUESTS


Upon suggestion of Senators Fogarty, Ruggerio and Enos, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber in recognition of Zambarano Day at the State House, Frank Bearsly, Guy Minitelli, Rita Saltenstall, Terry Medhory, Debbie Gray, Steve Westman, Ray Vadeboncoro, Cristina Blanchard, and Paul Dupris.


NEW BUSINESS


Senators Raptakis, Breene and Blais present (99-S840) An Act establishing the Coventry Land Trust.

Read and referred to the Committee on Corporations.

Senators Paiva Weed, Cicilline, Gibbs, Enos and Felag present (99-S 841) Joint Resolution calling on the General Assembly to meet in Newport at the Old Colony House on May 4,2000.

Read and referred to the Committee on Special Legislation.

Senator Sosnowski presents (99-S 842) Senate Resolution congratulating the Block Island High School Basketball Team on winning the Coastal Prep Conference Championship.

Senator Sosnowski requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senator Oster presents (99-S 843) Senate Resolution congratulating Thomas M. Hill on attaining the rank of Eagle Scout.

Senator Oster requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senators Cicilline, Perry, Kelly, Enos, Parella and others present (99-S 844) Joint Resolution proclaiming May as Mental Health Month in Rhode Island.

Senator Cicilline requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator Cicilline, 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 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 494) Senate Resolution extending the reporting date of the special Senate commission to study methods of increasing the fish stock along the eastern seaboard.

CALENDAR


In order for the day is taken up as follows:

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.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, March 16, 1999.

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

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

Senator Blais moves passage, seconded by Senators Kells, Celona, Gibbs, Parella and others.

The act is read and passed, as amended, by unanimous consent, upon a roll call vote with 43 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 43: Senators Algiere, Alves, Bates, Blais, Breene, Celona, Cicilline, Coderre, Connors, Cote, DaPonte, Doneian, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Izzo, Kells, McBurney, McCaffrey, McDonaid, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

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

Committee on Health, Education and Welfare recommends passage.

Senator Izzo moves passage, seconded by Senators Roberts, Sosnowski, Parella and others.

The act is read and passed, by unanimous consent, upon a roll call vote with 43 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 43: Senators Algiere, Alves, Bates, Blais, Breene, Celona, Ciciliine, Coderre, Connors, Cote, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Izzo, Kells, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Waiaska, Walsh, Walton.

NAYS -0.

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

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

Senator Cicilline moves passage, seconded by Senators Connors and Walton.

The act is read and passed, as amended, upon a roll call vote with 42 Senators voting in the affirmative and 1 Senator voting in the negative as follows:

YEAS 42: Senators Algiere, Alves, Bates, Blais, Breene, Celona, Cicilline, Coderre, Connors, Cote, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Izzo, Kells, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walton.

NAYS - 1: Senator Patterson.

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

Committee on Health, Education and Welfare recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Wednesday, March 17, 1999.

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 on Thursday, March 11, 1999 and Friday, March 12, 1999 at the rise of the Senate in Room 212 of the State House.

Also:

Senator Lenihan announces that the Committee on Finance will meet on Thursday, March 11, 1999 and Friday, March 12, 1999 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 on Thursday, March 11, 1999 at 3:00 o'clock P.M. in Room 313 of the State House, and Friday, March 12, 1999 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 today at the rise of the Senate in Room 211 of the State House.

Also:

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, and upon suggestion of Senator Igliozzi, the Senate adjourns at 4:41 o'clock P.M., on a unanimous rising vote, as a further mark of respect to the memory of Baseball Legend Joe DiMaggio.



RAYMOND T. HOYAS, JR.
Clerk of the Senate


Appendix



INVOCATION

SENATOR WILLIAM P. TOCCO, JR.


We thank You Lord, for bring us here together today, and we ask so humbly that each one of us be made a light to another, for each one of us in some way or another, reflects the presence of God.

Our Assembly's love of the law is a reflection of God's order in this Universe. It's sense of righteousness is a reflection of the peace God wills towards man.

May each one of us carry this vision into our daily lives so that our sense of justice will be everlasting. We thank you Lord for all your blessings and now we must sayAmen.



Appendix



CONSENT CALENDAR




In order for Thursday, March 11, 1999:

1. (99-S 168) Joint Resolution relating to the city of East Providence.

Committee on Corporations recommends passage.



RAYMOND T. HOYAS, JR.
Clerk of the Senate
Wednesday, March 10, 1999

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 15) 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.

Appendix



CALENDAR


In order for Friday, March 12, 1999:

1. (99-S 136) (Substitute "A") An Act relating to state affairs and government - enterprise zones.

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

2. (99-S 363) An Act relating to public corporations - financial estimates.

Committee on Finance recommends passage.

3. (99-S 364) (Substitute "A") An Act relating to State Investment Commission.

Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A.

4. (99-S 188) An Act relating to Division of Personnel Administration.

Committee on Labor recommends passage.

5. (99-S 241) An Act relating to electricians.

Committee on Labor recommends passage.

6. (99-S 298) An Act relating to labor and labor relations- arbitration of school teacher disputes.

Committee on Labor recommends passage.

Appendix



CALENDAR


In order for Tuesday, March 16, 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.

Appendix



CALENDAR


In order for Wednesday, March 17, 1999:

1. (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
Wednesday, March 10, 1999



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