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.43 Thursday, April 15, 1999 Forty-third Day


The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Charles J. Fogarty, at 4:22 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, Breene, Caprio, 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, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggeno, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

ABSENT - 2: Senators Bates, Blais.

INVOCATION

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

(See Appendix for Invocation)

PLEDGE OF ALLEGIANCE TO THE FLAG

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

GUESTS

Upon suggestion of Senator DaPonte, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber from the University of Rhode Island, Anna Zielinski, Jason Flander, Michelle DiBiasio and Rhody the Ram.

Upon suggestion of Senators Coderre, MeCaffrey and Izzo, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Marilyn Lamendola, Fran Anderson, Martha Saunders, Jean Vient, Walt Dickman, Sig Anderson, and Athol Cocheran.

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 April 12, 1999, by His Excellency, the Governor:

(99-S 811 as amended) An Act motor and other vehicles - lighting equipment and reflectors.

JAMES R. LANGEVIN
Secretary of State

Received and ordered to be placed on file.

EFFECTIVE WITHOUT

THE SIGNATURE OF THE GOVERNOR

His Honor, the Lieutenant Governor, presents an announcement of the receipt by the Secretary of State of the following measures which became effective without the signature of His Excellency, the Governor on April 9, 1999:

(99-S 828) An Act reinstating and restoring forfeited or revoked corporate charters.

(99-S 831) An Act to vacate the forfeiture or revocation of the charter of R.W.O., Inc.

JAMES R. LANGEVIN
Secretary of State

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 6292) An Act reinstating and restoring forfeited or revoked corporate charters.

Read and ordered to be placed on the Consent Calendar.

Also:

(99-H 5404) An Act relating to weapons.

Read and referred to the Committee on Judiciary.

Also:

(99-H 5805) (Subsfitute "A" as amended) An Act relating to state affairs and government -housing resources.

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

Also:

(99-H 5806) An Act relating to health and safety - Long Term Care Coordinating Council.

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

Also:

(99-H 6069) An Act relating to human services - medical assistance.

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

REPORTS OF COMMITTEES

COMMITTEE ON HEALTH, EDUCATION AND WELFARE

Senator Izzo, from the Committee on Health, Education and Welfare, reports back, with recommendation of passage of the following measures:

(99-S 83) (Substitute "A") Senate Resolution respectfully requesting that the Department of Elementary and Secondary Education provide a violence prevention program.

Read and ordered to be placed on the Consent Calendar.

(99-S 160) (Substitute "A") Senate Resolution creating a special Senate commission to study the use of seat belts in school buses.

Read and ordered to be placed on the Consent Calendar.

(99-S 214) (Substitute "A" as amended) Senate Resolution creating a special commission to review state statutes requiring criminal background checks and make recommendations for consistent application thereof.

Read and ordered to be placed on the Consent Calendar.

(99-S 471) (Substitute "A") An Act relating to state affairs and government - independent living services and centers.

Read and ordered to be placed on the Calendar.

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

Read and ordered to be placed on the Calendar.

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

Read and ordered to be placed on the Calendar.

(99-S 705) (Substitute "A") An Act relating to health and safety - babies' changing tables.

Read and ordered to be placed on the Calendar.

(99-S 785 as amended) An Act relating to businesses and professions - pharmacy.

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 125) An Act relating to criminal offenses - gambling and lotteries.

Read and ordered to be placed on the Calendar.

(99-S 756) (Substitute "A") An Act relating to fish and wildlife - licensing.

Read and ordered to be placed on the Calendar.

(99-S 759) (Substitute "A") An Act relating to fish and wildlife - licensing

Read and ordered to be placed on the Calendar.

(99-S 762) (Substitute "A") An Act relating to registration of vehicles.

Read and ordered to be placed on the Calendar.

(99-S 765) (Substitute "A") An Act relating to transportation of beverages.

Read and ordered to be placed on the Calendar.

(99-S 881) (Substitute "A") An Act relating to agricultural functions of Department of Environmental Management.

Read and ordered to be placed on the Calendar.

TRANSFER OF BILL

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 Finance:

(99-S 870) An Act relating to city of Cranston - commercial incentive zones.

Read and referred to the Committee on Finance.

NEW BUSINESS

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

Senator s McBurney, Irons and Perry present (99-S 971) An Act relating to taxation - levy and assessment of local taxes.

Read and referred to the Committee on Corporations. .

Senator s Kelly, Algiere, Cicilline, Walton, Graziano and others present (99-S 972) Senate Resolution congratulating Gordon Mulligan on his retirement from Legislative Council after 28 years of dedicated service to the state of Rhode Island.

Senator Kelly requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Senator Kelly moves passage, seconded by the entire Senate.

Senator s Kelly, Algiere, Irons, Sasso, Walton, Cicilline, Coderre and Lenihan pay tribute to Gordon Mulligan. The resolution is read and passed, by unanimous consent, under suspension of the rules, upon a voice vote.

Senator s Kelly and Algiere present (99-S 973) 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.

Senator s Kelly and Algiere present (99-S 974) Senate Resolution extending condolences.

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 rising vote.

Senator s Cicilline and Paiva Weed present (99-S 975) An Act relating to the city of Newport -Juvenile Hearing Board.

Read and referred to the Committee on Corporations.

CALENDAR

In order for the day is taken up as follows: 1. Appointment of Jan Harmen Reitsma of Massachusetts VICE Andrew McLeod (Resigned) as Director of the Department of Environmental Management.

Committee on Judiciary recommmends that the Senate give its Advice and Consent to this appointment.

Senator Paiva Weed, seconded by Senators Kelly, Enos, Coderre, Gallo, Lenihan, Oster, Parella, Algiere, Breene, Flynn, Walsh, Tocco, Igliozzi, Sasso and others, moves that confirmation of the Senate be given this appointment.

Senator s Kelly, Algiere and Celona discuss the confirmation.

By unanimous consent, the confirmation of the Senate is given this appointment, upon a roll call vote with 46 Senator s voting in the affirmative and 0

Senator s voting in the negative as follows:

YEAS - 46: Senators Algiere, Alves, Badeau, Breene, Caprio, 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, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Roberts, Roney, Ruggeno, Sasso, Sosnowski, Tocco, Walsh, Walton.

NAYS -0.

GUESTS

Upon suggestion of Senator Paiva Weed, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Jan Harmen Reitsma, newly confirmed Director of the Department of Environmental Management, along with members of his family.

CALENDAR

2. (99-S 894) An Act relating to mandated benefits review act.

Committee on Corporations recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed at the bottom of the Calendar.

3. (99-H 5168) An Act relating to tax exemption - Westerly.

Committee on Corporations recommends passage in concurrence.

Senator Algiere moves passage, seconded by Senators Coderre, Walsh and Gibbs.

The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 44 Senator s voting in the affirmative and 0

Senator s voting in the negative as follows:

YEAS - 44: enators Algiere, Alves, Badeau, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Roberts, Ruggeno, Sasso, Sosnowski, Tocco, Walsh, Walton.

NAYS -0.

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

5. (99-S 322 as amended) An Act relating to education - school speech and language pathologists.

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

22. (99-S 559) An Act relating to barbers, hairdressers, cosmeticians, manicurists and estheticians.

Committee on Corporations recommends passage.

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

Upon suggestion of Senator Enos, and without objection, the remainder of the Calendar is deferred to Tuesday, April 27, 1999.

FROM THE DESK

The following Acts are removed from the desk and acted upon as follows:

(99-S 458) An Act relating to towns and cities - ordinances.

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

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

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

TRANSMITTAL

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 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.

FROM THE

HOUSE OF REPRESENTATIVES

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

(99-H 5062) (Substitute "A") An Act making revised appropriations for the support of the state for the fiscal year ending June 30, 1999.

Read and referred to the Committee on Finance.

ADJOURNMENT

Upon motion of Senator Kelly, seconded by Senator Algiere, the Senate adjourns at 4:50 o'clock P.M.

RAYMOND T. HOYAS, JR.
Clerk of the Senate

Appendix


INVOCATION

SENATOR DANIEL P. CONNORS

Lord, keep us safe and healthy over the vacation break, and let us return refreshed to continue to serve the people of this state.Amen.


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