SENATE JOURNALS 03-12-1999

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. 27 Friday, March 12, 1999 Twenty-seventh Day

The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Charles J. Fogarty, at 4:14 o'clock P.M.

The roll is called and a quorum is declared present with 45 Senators present and 5 Senators absent as follows;

PRESENT - 45: Senators Algiere, Badeau, Bates, Blais, Breene, Celona, Cicilline, Coderre, Cole, DaPonte, Doneian, Enos, Felag, Flynn, Fogarty, GalJo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

ABSENT - 5: Senators Alves, Caprio, Connors, Damiani, Patterson.

INVOCATION

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

(See Appendix for Invocation)

PLEDGE OF ALLEGIANCE TO THE FLAG

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

APPROVAL OF RECORD

The Senate Journal of Thursday, March 11, 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.

GUEST

Upon suggestion of Senators Tocco and Celona, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Ernest E. Ricci, Executive Director, Emergency-911.

COMMUNICATION

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

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

OFFICE OF THE LIEUENANT GOVERNOR

March 10, 1999

To the Honorable, the Secretary of State:

I have the honor to inform you that pursuant to Rhode Island General Laws, Section 23-17.3-2, entitled, "Long Term Care Coordinating Council," I hereby reappoint:

Neil Corkery
214 Tanner Avenue
Warwick, Rhode Island 02886
(General Public)

to the Long Term Care Coordinating Council for a term to expire January 1, 2001.

Sincerely,

CHARLES J. FOGARTY
Lieutenant Governor

Received and ordered to be placed on file.

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

OFFICE OF THE LIEUTENANT GOVERNOR

March 10, 1999

To the Honorable, the Secretary of State;

I have the honor to inform you that pursuant to Rhode Island General Laws, Section 23-17.3.2, entitled, "Long Term Care Coordinating Council," I hereby reappoint:

Bonnie A. Sekeres
225 Freeman Parkway
Providence, Rhode Island 02906
(Senior Housing)

to the Long Term Care Coordinating Council for a term to expire January 1, 2001.

Sincerely,

CHARLES J. FOGARTY
Lieutenant Governor

Received and ordered to be placed on file.

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

OFFICE OF THE LIEUTENANT GOVERNOR

March 10, 1999

To the Honorable, the Secretary of State:

I have the honor to inform you that pursuant to Rhode Island General Laws, Section 23.17.3.2, entitled, "Long Term Care Coordinating Council," I hereby reappoint:

Patrick Quinn
1201 Elmwood Avenue
Providence, Rhode Island 02907
(Non-Managerial nursing home employees)

to the Long Term Care Coordinating Council for a term to expire January 1, 2001.

Sincerely,

CHARLES J. FOGARTY
Lieutenant Governor

Received and ordered to be placed on file.

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

OFFICE OF THE LIEUTENANT GOVERNOR

March 10, 1999

To the Honorable, the Secretary of State:

I have the honor to inform you that pursuant to Rhode Island General Laws, Section 23-17.3.2, entitled, "Long Term Care Coordinating Council," I hereby reappoint:

Dr. RobertWestlake
Medical Director
Butler Hospital
345 Blackstone Boulevard
Providence, Rhode Island 02906

to the Long Term Care Coordinating Council for a term to expire January 1, 2001.

Sincerely,

CHARLES J. FOGARTY
Lieutenant Governor

Received and ordered to be placed on file.

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

OFFICE OF THE LIEUTENANT GOVERNOR

March 5, 1999

To the Honorable, the Secretary of State:

I have the honor to inform you that pursuant to Section 46-28-5 of the Rhode Island General Laws, entitled, "Rhode Island Rivers Council," I hereby appoint:

Ms Tricia O'Hare
102 South Angell Street
Providence, Rhode Island 02906

term to expire January 1, 2000.

Sincerely,

CHARLES J. FOGARTY
Lieutenant Governor

Received and ordered to be placed on file.

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

OFFICE OF THE LIEUTENANT GOVERNOR

March 5, 1999

To the Honorable, the Secretary of State:

I have the honor to inform you that pursuant to Section 46-28-5 of the Rhode Island General Laws, entitled, "Rhode Island Rivers Council," I hereby appoint:

Ms. Margaret Kerr
151 Prospect Avenue
North Kingstown, Rhode Island 02852

term to expire January 1, 2001.

Sincerely,

CHARLES J. FOGARTY
Lieutenant Governor

Received and ordered to be placed on file.

REPORTS OF COMMITTEES 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 365) An Act relating to public property and works -- preference to state citizens.

Read and referred to the Committee on Corporations.

(99-S 435) An Act relating to insurance companies - taxation.

Read and referred to the Committee on Corporations.

(99-S 439) An Act relating to state affairs and government- prompt payment by Department of Administration.

Read and referred to the Committee on Corporations.

(99-S 482) An Act relating to taxation -collection of taxes generally.

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 594) An Act relating to domestic relations child support.

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 bill from the Committee on Finance to the Committee on Health, Education and Welfare:

(99-S 491) An Act relating to state affairs and government- Department of Attorney General.

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

COMMITTEE ON CORPORATIONS

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

(99-S 245) An Act relating to insurance -accident and sickness insurance policies.

Read and ordered to be placed on the Calendar.

(99-S 371) An Act relating to partnerships.

Read and ordered to be placed on the Calendar.

(99-S 443) An Act relating to towns and cities - zoning ordinances.

Read and ordered to be placed on the Calendar.

(99-S 558) An Act relating to state affairs and government.

Read and ordered to be placed on the Calendar.

(99-S 573) An Act relating to state affairs and government.

Read and ordered to be placed on the Calendar.

(99-S 793) An Act relating to businesses and professions.

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 420) An Act relating to the Rhode Island Resource Recovery Corporation.

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 251) An Act relating to motor vehicles -special registration plate - Newport Police Chief retired.

Read and ordered to be placed on the Calendar.

(99-S 752 as amended) An Act relating to state affairs and government.

Read and ordered to be placed on the Calendar.

(99-S834 as amended) Joint Resolution creating a special legislative commission to study commuter rail service.

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 404) An Act relating to criminal offenses - public utilities.

Read and ordered to be placed on the Calendar.

(99-S 408 as amended) An Act relating to elections.

Read and ordered to be placed on the Calendar.

(99-S541) An Act relating to alcoholic beverages - penalties and liabilities.

Read and ordered to be placed on the Calendar.

(99-S 634) An Act relating to enhanced enforcement of disability parking.

Read and ordered to be placed on the Calendar.

(99-S 636) An Act relating to elections.

Read and ordered to be placed on the Calendar.

(99-S 748) An Act relating to proceedings in Family Court.

Read and ordered to be placed on the Calendar.

(99-S 779) (Substitute "A" as amended) An Act relating to criminal offenses - assaults.

Read and ordered to be placed on the Calendar.

NEW BUSINESS

Senators Kelly and Algiere present (99-S 852) 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.

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 325) Senate Resolution requesting the Department of Elderly Affairs to study the guardianship needs of frail elders.

CALENDAR

In order for the day is taken up as follows:

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".

Senator Igliozzi moves passage, seconded by Senators Kells, Enos, Irons, Roberts, Graziano, Walton, Felag and others.

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 41 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 41: Senators Algiere, Badeau, Bates, Celona, Cicilline, Coderre, Cole, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Perry, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

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

Committee on Finance recommends passage.

Senator Lenihan moves passage, seconded by Senators Coderre, Kells, Sosnowski, Roberts, Tocco, Algiere and Igliozzi.

The act is read and passed, by unanimous consent, upon a roll call vote with 42 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 42: Senators Algiere, Badeau, Bates, Celona, Cicilline, Coderre, Cole, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

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.

Senator Lenihan moves passage, seconded by Senators Cicilline, Coderre and Goodwin.

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 42 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 42: Senators Algiere, Badeau, Bates, Breene, Celona, Cicilline, Coderre, Cole, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Goodwin, Grariano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

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

Committee on Labor recommends passage.

Senator Ruggerio moves passage, seconded by Senators Celona, Tocco, McDonald, Coderre and others.

The act is read and passed, 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, Badeau, Bates, Breene, Celona, Cicilline, Coderre, Cole, DaPonte, DoneJan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, WaJaska, Walsh, Walton.

NAYS -0.

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

Committee on Labor recommends passage.

Senator Ruggerio moves passage, seconded by Senators Coderre, Irons, Goodwin, Fogarty, Tocco 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, Badeau, Bates, Breene, Celona, Cicilline, Coderre, Cole, DaPonte, Doneian, Enos, Felag, Flynn, Fogarty, Gallo, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

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

Committee on Labor recommends passage.

Senator Ruggerio moves passage, seconded by Senators Badeau, Celona, Irons, Walton, Gallo, Cote and others.

The act is read and passed, 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, Badeau, Bates, Breene, Celona, Cicilline, Coderte, Cole, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Perry, Raptakis, 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 Cicilline announces that the Committee on Finance will meet today at the rise of the Senate in Room 211 of the State House.

Also:

Senator Roney announces that the Committee on Judiciary will meet today at the rise of the Senate in Room 313 of the State House.

ADJOURNMENT

Upon motion of Senator Kelly, seconded by Senator Algiere, the Senate adjourns at 4:30 o'clock P.M.

RAYMOND T. HOYAS, JR.
Clerk of the Senate

Appendix

INVOCATION
SENATOR JOSEPH A. MONTALBANO

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 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.

2. (99-S 323) An Act relating to health and safety - Long Term Care Coordinating Council.

Committee on Health, Education and Welfare recommends passage.

3. (99-S 468) An Act relating to education.

Committee on Health, Education and Welfare recommends passage.

4. (99-S 712) An Act relating to health care facilities.

Committee on Health, Education and Welfare recommends passage.

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.

2. (99-S 245) An Act relating to insurance -accident and sickness insurance policies.

Committee on Corporations recommends passage.

3. (99-S 371) An Act relating to partnerships.

Committee on Corporations recommends passage.

4. (99-S443) An Act relating to towns and cities zoning ordinances.

Committee on Corporations recommends passage.

5. (99-S 558) An Act relating to state affairs and government.

Committee on Corporations recommends passage.

6. (99-S 573) An Act relating to state affairs and government.

Committee on Corporations recommends passage.

7. (99-S 793) An Act relating to businesses and professions.

Committee on Corporations recommends passage.

8. (99-S 420) An Act relating to the Rhode Island Resource Recovery Corporation.

Committee on Finance recommends passage.

9. (99-S 404) An Act relating to criminal offenses public utilities.

Committee on Judiciary recommends passage.

10. (99-S 408 as amended) An Act relating to elections.

Committee on Judiciary recommends passage as amended.

11. (99-S 541) An Act relating to alcoholic beverages - penalties and liabilities.

Committee on Judiciary recommends passage.

12. (99-S 634) An Act relating to enhanced enforcement of disability parking.

Committee on Judiciary recommends passage.

13. (99-S 636) An Act relating to elections.

Committee on Judiciary recommends passage.

14. (99-S 748) An Act relating to proceedings in Family Court.

Committee on Judiciary recommends passage.

15. (99-S 779) (Substitute "A" as amended) An Act relating to criminal offenses - assaults.

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

16. (99-S 251) An Act relating to motor vehicles - special registration plate - Newport Police Chief retired.

Committee on Special Legislation recommends passage.

17. (99-S 752 as amended) An Act relating to state affairs and government.

Committee on Special Legislation recommends passage as amended.

18. (99-S 834 as amended) Joint Resolution creating a special legislative commission to study commuter rail service.

Committee on Special Legislation recommends passage as amended.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Friday, March 12, 1999

As always, your comments concerning this page are welcomed and appreciated.

Thank you for stopping by!