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. 33
Wednesday, March 24, 1999
Thirty-third Pay
The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Charles J. Fogarty, at 4:05 o'clock P.M.
The roll is called and a quorum is declared present with 48 Senators present and 2 Senators absent as follows:
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Enos, to deliver the invocation.
(See Appendix for Invocation)
PLEDGE OF ALLEGIANCE TO THE FLAG
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Enos, to lead the Senate in the pledge of allegiance to the flag.
APPROVAL OF RECORD
The Senate Journal of Tuesday, March 23, 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 Senator Paiva Weed, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Patrolman Rick Lombardi.
Upon suggestion of Senator Goodwin, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Joseph Curran, recipient of the Feinstein Scholarship.
Upon suggestion of Senator McCaffrey, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the Honorable Joseph McGair, former State Senator from Warwick.
Upon suggestion of Senator Oster, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber members of Rhode Island Girl Scouts Troop 177 Manville, along with their leaders and parents.
Upon suggestion of Senator Sosnowski, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Thomas Sisson of South Kingstown.
COMMUNICATION
His Honor, the Lieutenant Governor, presents the following communication:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER
March 22, 1999
Honorable Charles J. Fogarty Lieutenant Governor, State of Rhode Island Room 116, State House
Providence, RI 02903
Dear Lt. Governor Fogarty:
Please be advised that, due to an employment-related obligation, I cannot and will not be present to fulfill my legislative obligations on March 25, 1999.
All good wishes,
J. CLEMENT CICILLINE
Senate Majority Policy Leader
Senator, District 50
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 23, 1999
To the Honorable, the Senate:
I have the honor to inform you that in accordance with the provisions of Section 42-55-4 of the Rhode Island General Laws, I have made the following reappointment to the Rhode Island Housing and Mortgage Finance Corporation:
Barbara Caniglia of Warwick
for a term to expire July 1, 2002.
To this reappointment, I 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 17, 1999
To the Honorable, the Senate:
I have the honor to inform you that in accordance with the provisions of Section 28-7-4 of the Rhode Island General Laws, I have made the following appointment to the Rhode Island State Labor Relations Board:
John R. Capobianco of Cranston
(Representing labor)
VICE
Joseph Virgilio
(Deceased)
for a term expiring August 1, 2002.
To this appointment, I 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 19, 1999
To the Honorable, the Senate:
I have the honor to inform you that in accordance with the provisions of Section 16-59-2 of the Rhode Island General Laws, I have made the following reappointment to the Board of Governors for Higher Education:
The Honorable Frank Caprio of Providence
for a term expiring January 31, 2002.
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 19, 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:
Joseph A. Rossi of Cumberland
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.
REPORTS OF COMMITTEES
COMMITTEE ON FINANCE
Senator Lenihan, from the Committee on Finance, reports back, with recommendation of passage of the following measure:
(99-S600) An Act relating to education - Board of Governors for Higher Education.
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 483) An Act relating to labor and labor relations.
Read and ordered to be placed on the Calendar.
(99-S 485) An Act relating to insurance -workers' compensation insurance.
Read and ordered to be placed on the Calendar.
(99-S 487) An Act relating to labor and labor relations - payment of wages.
Read and ordered to be placed on the 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 Flynn and Blais present (99-S 933) Senate Resolution opposing the creation of an international criminal court.
Read and referred to the Committee on Judiciary.
Senators Damiani, DaPonte, Felag and Connors present (99-S 934) An Act relating to criminal offenses - children.
Read and referred to the Committee on Judiciary.
Senators Coderre, Lenihan, Cicilline, Enos, Izzo and others present (99-S 935) Senate Resolution proclaiming April as Child Abuse Prevention Month.
Senator Coderre requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Coderre, seconded by the entire Senate, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.
CALENDAR
In order for the day is taken up as follows:
1. (99-S 420) An Act relating to the Rhode Island Resource Recovery Corporation.
Committee on Finance recommends passage.
Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, March 30, 1999.
3. (99-S 488) An Act relating to expedited permit process.
Committee on Labor recommends passage.
Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, March 30, 1999.
2. (99-S 602) (Substitute "A") An Act relating to health and safety - residential care facility licensing act.
Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".
Senator Fogarty moves passage, seconded by Senators Coderre, Goodwin, Parella, Roberts, Sasso, Oster, Graziano, Tocco and others.
Senator Fogarty, seconded by Senator Grazi
ano, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(99-S 602) (Substitute "A")
Mr. President:
I hereby move to amend (99-S 602) (Substitute "A") entitled "AN ACT RELATING TO HEALTH AND SAFETY - RESIDENTIAL CARE FACILITY LICENSING ACT", as follows:
On page 3, lines 3 and 4, by deleting the sentence "The term "resident", as used in this section, shall also mean the resident's agent as designated by the resident in writing, or legal guardian."
Respectfully submitted,
PAULW.FOGARTY
Senator, District 27
The motion to amend prevails upon a roll call vote with 41 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
Upon motion of Senator Fogarty, seconded by Senators Oster and Graziano, the bill marked Substitute "A" is read and passed, as amended, 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:
4. (99-S 402) An Act relating to criminal offenses - assaults.
Committee on Judiciary recommends passage.
Senator McDonald moves passage, seconded by Senators Oster, Graziano, Raptakis, Coderre, Enos, Damiani 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:
5. (99-S 503) An Act relating to criminal offenses - assaults.
Committee on Judiciary recommends passage.
Senator Ruggerio moves passage, seconded by Senators Graziano, McDonald, Sasso, Walsh, Damiani and others.
Senators Patterson and Ruggerio discuss the act.
The act is read and passed, by unanimous consent, upon a roll call vote with 41 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
Upon motion of Senator Paiva Weed, seconded by Senator Graziano, read and passed, as amended, by unanimous consent, upon a roll call vote with 42 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
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 Irons announces that the Committee on Corporations will meet on Thursday, March 25, 1999, at 3:00 o'clock P.M. in Room 212 of the State House.
Also:
Senator Paiva Weed announces that the Committee on Judiciary will meet on Thursday, March 25, 1999, at 3:00 o'clock P.M. 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 Enos, seconded by Senator Algiere, and upon suggestion of Senator Tocco, the Senate adjourns at 4:22 o'clock P.M., on a unanimous rising vote, as a further mark of respect to the memory of Wayne M. Stetson of Johnston, longest serving Director of the City of Pawtucket Department of Public Works.
RAYMOND T. HOYAS, JR. Clerk of the Senate
Appendix
INVOCATION
SENATOR WILLIAM ENOS
Dear God, let us be ever mindful of those peoples across the globe who are striving for independence. Be with them in their struggles for freedom and justice. Afford them the courage and strength to attain their goals just as our forefathers did 223 years ago in claiming independence for Rhode Islanders. Amen.
Appendix
CALENDAR
In order for Thursday, March 25, 1999:
1. (99-S 14) An Act relating to the town of Johnston.
Committee on Corporations recommends passage.
2. (99-S 107) (Substitute "A" as amended) An Act relating to health and safety.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.
3. (99-S 108 as amended) An Act relating to commercial law-
gift certificate.
Committee on Corporations recommends passage as amended.
4. (99-S 216 as amended) An Act relating to insurance - health insurance coverage.
Committee on Corporations recommends passage as amended.
5. (99-S 521) An Act relating to taxation -town of Cumberland.
Committee on Corporations recommends passage.
6. (99-S 557) (Substitute "A") An Act relating to aeronautics airport zoning.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
7. (99-S 580) An Act relating to food and drugs
- sanitation in food establishments.
Committee on Corporations recommends passage.
8. (99-S605) An Act relating to businesses and professions--
telecommunication.
Committee on Corporations recommends passage.
9. (99-S 608) An Act relating to professional service corporations act.
Committee on Corporations recommends passage.
10. (99-S 677) An Act relating to sale of automobiles - required equipment.
Committee on Corporations recommends passage.
11. (99-S 467) An Act relating to human services.
Committee on Finance recommends passage.
12. (99-S 841) Joint Resolution calling on the General Assembly to meet in Newport at the Old Colony House on May 4, 2000.
Committee on Special Legislation recommends passage.
Appendix
CALENDAR
In order for Friday, March 26, 1999:
1. (99-S443) An Act relating to towns and cities
- zoning ordinances.
Committee on Corporations recommends passage.
2. (99-S 290) An Act relating to insurance -the standard valuation law.
Committee on Corporations recommends passage.
3. (99-S 376 as amended) An Act relating to motor vehicles-
retail sale of gasoline.
Committee on Corporations recommends passage as amended.
4. (99-S 378) An Act relating to domestic insurance companies.
Committee on Corporations recommends passage.
5. (99-S 381 as amended) An Act relating to motor and other vehicles - driver's education.
Committee on Corporations recommends passage as amended.
6. (99-S 449) An Act relating to barbers, hairdressers, cosmeticians, manicurists and estheticians.
Committee on Corporations recommends passage.
7. (99-S 511) An Act relating to insurance.
Committee on Corporations recommends passage.
8. (99-S 512) An Act relating to insurance.
Committee on Corporations recommends passage.
9. (99-S 513 as amended) An Act relating to corporations, associations and partnerships -Rhode Island uniform securities act.
Committee on Corporations recommends passage as amended.
10. (99-S518) An Act relating to insurance self compliance self audit.
Committee on Corporations recommends passage.
11. (99-S 522 as amended) An Act relating to motor vehicles.
Committee on Corporations recommends passage as amended.
12. (99-S 561) An Act relating to corporations, associations, and partnerships.
Committee on Corporations recommends passage.
13. (99-S 564) An Act relating to real estate brokers and salespersons.
Committee on Corporations recommends passage.
14. (99-S 568) Joint Resolution creating a special legislative commission to study the training and certification of public safety telecommunicators in Rhode Island.
Committee on Corporations recommends passage.
15. (99-S 569 as amended) An Act relating to motor vehicles.
Committee on Corporations recommends passage as amended.
16. (99-S 672) An Act relating to financial institutions.
Committee on Corporations recommends passage.
17. (99-S 815) An Act relating to retail licenses.
Committee on Corporations recommends passage.
18. (99-H 5168) An Act relating to tax exemption - Westerly.
Committee on Corporations recommends passage in concurrence.
19. (99-S 87) An Act relating to health and safety - women's right to know.
Committee on Judiciary recommends passage.
20. (99-S 600) An Act relating to education -Board of Governors for Higher Education.
Committee on Finance recommends passage.
21. (99-S 483) An Act relating to labor and labor relations.
Committee on Labor recommends passage.
22. (99-S 485) An Act relating to insurance -workers' compensation insurance.
Committee on Labor recommends passage.
23. (99-S 487) An Act relating to labor and labor relations-
payment of wages.
Committee on Labor recommends passage.
Appendix
CALENDAR
In order for Tuesday, March 30, 1999:
1. (99-S 420) An Act relating to the Rhode Island Resource Recovery Corporation.
Committee on Finance recommends passage.
2. (99-S 488) An Act relating to expedited permit process.
Committee on Labor recommends passage.
3. (99-S 350) An Act relating to Superior Court.
Committee on Judiciary recommends passage.
RAYMOND T. HOYAS, JR. Clerk of the Senate
Wednesday, March 24, 1999
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