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.41 Tuesday, April 13, 1999 Forty first 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 46 Senators present and 4 Senators absent as follows:

PRESENT - 46: Senators Algiere, Alves, Badeau, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Darniani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Raptakis, Revens, Roberts, Honey, Ruggeno, Sasso, Sosnowski, Tocco, Walaska, Walton.

ABSENT - 4: Senators Bates, Kells, Perry, Walsh.

INVOCATION

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

(See Appendix for Invocation)

PLEDGE OF ALLEGIANCE TO THE FLAG

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

CORRECTION

The Senate Calendar shall be corrected by removing the following Act from the Calendar as it was not properly voted out of the Committee on Special Legislation and therefore is not properly before the body:

(99-S 756 as amended) An Act relating to fish and wildlife - licensing.

APPROVAL OF RECORD

The Senate Journal of Thursday, April 8, 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 corrected.

COMMUNICATION

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

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

SENATE CHAMBER

April 7, 1999


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

Dear Lt. Governor Fogarty:

Please be advised that I will be unable to attend the Senate sessions on April 13, 14 and 15, 1999, as I will be out of state on business. I would appreciate your recording my letter in the appropriate Senate Journal. I am hereby withdrawing the March 19,1999 appointment of Lorna B. Wayland to the Board of Governors for Higher Education.

Thank you for your attention to this matter.

Sincerely,

DAVID B. BATES
Deputy Minority Leader

Received and ordered to be placed on file.

COMMUNICATION FROM THE GOVERNOR

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

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

EXECUTIVE CHAMBER, PROVIDENCE

Lincoln Almond
Governor

April 12, 1999

To the Honorable, the Senate:

I am hereby withdrawing the January26, 1999 appointment of Judith M. Morse to the Rhode Island Depositors Economic Protection Corporation Board of Directors.

Sincerely,

Lincoln Almond
Governor

Received and ordered to be placed on file.

Also:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

EXECUTIVE CHAMBER, PROVIDENCE

Lincoln Almond
Governor

April 12, 1999

 

To the Honorable, the Senate:

I am hereby withdrawing the March 19, 1999 appointment of Lorna E. Wayland to the Board of Governors for Higher Education..

Sincerely,

Lincoln Almond
Governor

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

April 12, 1999

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 42-128-6 of the Rhode Island General Laws, I have made the following appointment to the Rhode Island Housing Resources Act:

Christian L. Stephens of Woonsocket
(Non-Profit Development Corporation)

Also: for a term expiring January 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

April 7, 1999

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 42-116-4 of the Rhode Island General Laws, I have made the following reappointment to the Rhode Island Depositors Economic Protection Corporation Board of Directors:

Judith M. Morse of East Providence

for a term expiring January 1, 2003.

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

April 7, 1999

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 5-1-3 of the Rhode Island General Laws, I have made the following reappointment to the Board of Registration and Examination of Architects:

Mark Saccoccio of Cranston

for a term expiring April 1, 2004.

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

April 7, 1999

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 5-1-3 of the Rhode Island General Laws, I have made the following reappointment to the Board of Registration and Examination of Architects:

Andrew Yates of Jamestown 

for a term expiring April 1, 2004.

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

Sincerely,

LINCOLN ALMOND
Governor

Read and referred to the Committee on Judiciary.

REPORTS OF COMMITTEE

COMMITTEE ON JUDICIARY

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

(99-S 162) (Substitute "A") An Act relating to criminal offenses - dueling and fighting.

Read and ordered to be placed on the Calendar.

(99-S 332) An Act relating to criminal procedure - expungement of criminal records.

Read and ordered to be placed on the Calendar.

(99-S 388) An Act relating to courts and civil procedure - judicial selection.

Read and ordered to be placed on the Calendar. Read and Corporations.

(99-S 395) An Act relating to criminal offenses - weapons.

Read and ordered to be placed on the Calendar.

(99-S 879) An Act relating to causes of action. Read and Corporations.

Read and ordered to be placed on the Calendar.

Read and ordered to be placed on the Calendar.

(99-S 888) An Act relating to business corporations.

Read and ordered to be placed on the Calendar.

Senator Paiva Weed, from the Committee on Judiciary, reports back, with recommendation that confirmation of the Senate be given to the following:

Appointment of John R. Capobianco of Cranston (Representing labor) VICE Joseph Virgiho (Deceased) to the Rhode Island State Labor Relations Board for a term expiring August 1, 2002.

Read and ordered to be placed on the Consent Calendar.

Appointment of Jan Harmen Reitsma of Massachusetts VICE Andrew McLeod (Resigned) as Director of the Department of Environmental Management.

Read and ordered to be placed on the Calendar.

FROM THE HOUSE OF REPRESENTATIVES

A message from the House of Representatives transmits with announcement of passage:

(99-H 5215) (Substitute "A") An Act relating to residency - Woonsocket.

Read and referred to the Committee on Corporations.

Also:

(99-H 5406) An Act relating to the city of East Providence.

Read and referred to the Committee on Corporations.

NEW BUSINESS

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

Senator Enos presents (99-S 967) An Act relating to the Little Compton agricultural conservancy trust.

Read and referred to the Committee on Corporations.

Without objection, the following Act is introduced after the deadline.

Senator Roney presents (99-S 968) An Act relating to elections - nomination of party and independent candidates.

Read and referred to the Committee on Judiciary.

Without objection, the following Act is introduced after the deadline.

Senator s Roney and Caprio present (99-S 969) An Act relating to the uniform commercial code - bulk transfers.

Read and referred to the Committee on Judiciary.

CALENDAR

In order for the day is taken up as follows:

7. (99-S 567) (Substitute "A" as amended) An Act relating to insurance.

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

Upon suggestion of Senator Enos, and without objection, ordered to be recommitted to the Committee on Corporations.

22. (99-S 458) An Act relating to towns and cities - ordinances. Committee on Corporations recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the desk.

24. (99-S 574) An Act relating to boats..

Committee on Corporations recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the desk.

Upon suggestion of Senator Enos, and without objection, the remainder of the Calendar is deferred to Wednesday, April 14, 1999.

ANNOUNCEMENTS

Senator Izzo announces that the Committee on Health, Education and Welfare will meet on Wednesday, April 14, 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, April 14, 1999, at 3:00 o'clock P.M. in Room 212 of the State House.

ADJOURNMENT

Upon motion of Senator Kelly, seconded by Senator Algiere, the Senate adjourns at 4:32 o'clock P.M.

RAYMOND T. HOYAS, JR.
Clerk of the Senate

Appendix


INVOCATION

SENATOR CHARLES D. WALTON

God, our Creator, we beseech you to fit us for today's work and for the work in days ahead. May we profit by this moment by being still and knowing that you alone are sufficient for all our needs.  Amen.


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