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.44 Tuesday, April 27, 1999 Forty-fourth Day


The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Charles J. Fogarty, at 4:16 o'clock P.M.

The roll is called and a quorum is declared present with 48 Senator s present and 2 Senators absent as follows:

PRESENT - 48: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggeno, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

ABSENT - 2: Senators Gibbs, McBurney.

INVOCATION

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

(See Appendix for Invocation)

PLEDGE OF ALLEGIANCE TO THE FLAG

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

CORRECTION

The Senate Journal of Tuesday, April 13, 1999 shall be corrected by recording Senator Perry and Senator Walsh as present.

APPROVAL OF RECORD

The Senate Journals of Tuesday, April 13, 1999, Wednesday, April 14, 1999, and Thursday, April 15, 1999 proceedings are read in part.

Upon suggestion of Senator Kelly and by unanimous consent, further reading of the Journals is dispensed with and the Journals approved as corrected.

CONGRATULATIONS

Senator Oster extends congratulations and best wishes to Senator McDonald and his wife Kristen McDonald on the very special occasion of the birth of their third child, Deirdre Kasey McDonald, born on April 17, 1999. The entire Senate joins in extending congratulations to the McDonald family.

COMMUNICATION

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

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

SENATE CHAMBER

April 26, 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 absent from Senate session on Tuesday, April 27, 1999, due to medical reasons. I would appreciate your recording my letter in the appropriate Senate Journal.

Thank you for your assistance.

Sincerely,

JUNE N. GIBBS
Senator, District 48

Received and ordered to be placed on file.

 

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

SENATE CHAMBER

April 27, 1999


Lieutenant Governor Charles Fogarty
Room 114 State House
Providence, RI 02903

Dear Governor Fogarty:

Due to a previous speaking engagement in washington D.C., I will not be in attendance for the Senate Session for Wednesday, April 28th, 1999.

Respectfully Submitted,,

LEONIDAS P. RAPTAKIS
Senator, District 20

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 14, 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:

Deborah Bodington Sullivan of Little Compton

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.

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

EXECUTIVE CHAMBER, PROVIDENCE

Lincoln Almond
Governor

April 14, 1999

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 46-23-2 of the Rhode Island General Laws, I have made the following reappointment to the Coastal Resources Management Council:

Robert Ellis Smith of Block Island

for a term expiring January 31, 2002.

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

Sincerely,

LINCOLN ALMOND
Governor

Read and referred to the Committee on Judiciary

FROM THE

HOUSE OF REPRESENTATIVES

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

(99-H 5018) An Act relating to taxation -collection of taxes generally - municipal lien certificates.

Read and referred to the Committee on Corporations.

Also:

(99-H 5107) An Act relating to correctional institutions - parole hearings.

Read and referred to the Committee on Judiciary.

Also:

(99-H 5117 as amended) An transcripts in the Family Court.

Read and referred to the Committee on Judiciary.

Also:

(99-H 5186) An Act relating to municipal detention facilities.

Read and referred to the Committee on Judiciary.

Also:

(99-H 5223 as amended) An criminal offenses - assaults.

Read and referred to the Committee on Judiciary.

Also:

(99-H 5320) An Act relating to corporations, associations and partnerships - business corporations

Read and referred to the Committee on Judiciary.

(99-H 5441 as amended) Joint Resolution creating a special legislative commission on fair reapportionment in the state of Rhode Island.

Read and referred to the Committee on Judiciary.

Also:

(99-H 5478) An Act relating to criminal injuries compensation.

Read and referred to the Judiciary.

(99-H 5564 as amended) An Act relating to judicial selections.

Read and referred to the Committee on Judiciary.

Also:

(99-H 5574 as amended) An driver education. Act relating to

Read and referred to the Committee on Judiciary.

Also:

(99-H 5575) (Substitute "A" as amended) An Act Act relating to relating to sexual offender registration.

Read and referred to the Committee on Judiciary.

Also:

(99-H 5817) (Substitute "A") An Act relating to courts and civil procedure - procedure generally - governmental tort liability.

Read and referred to the Committee on Judiciary.

Also:

(99-H 5818) An Act relating to courts and civil procedures - courts - Justices of Supreme, Superior, and Family Courts.

Read and referred to the Committee on Judiciary.

REPORTS OF COMMITTEE

COMMITTEE ON CORPORATIONS

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

(99-S 140) (Substitute "A") An Act relating to financial institutions - powers and operations.

Read and ordered to be placed on the Calendar.

(99-S 202) (Substitute "A") An Act relating to state affairs and government - health care for children and pregnant women.

Read and ordered to be placed on the Calendar.

(99-S 461) (Substitute "A") An Act relating to businesses and professions - medical answering services.

Read and ordered to be placed on the Calendar.

(99-S 622 as amended) An Act relating to insurance.

(99-S 623) (Substitute "A") An Act relating to businesses and professions - landscape architects.

Read and ordered to be placed on the Calendar.

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

Read and ordered to be placed on the Calendar.

(99-S 948 as amended) An Act relating to Narragansett Bay Water Quality Management District Commission.

Read and ordered to be placed on the Calendar.

(99-S 955 as amended) An Act relating to business corporations.

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.

Senator s Sosnowski and McDonald present (99-S 976) An Act relating to alcoholic beverages -retail licenses.

Read and referred to the Committee on Corporations.

Senator Paiva Weed presents (99-S 977) An Act to protect water resources in the town of Jamestown.

Read and referred to the Committee on Corporations.

Read and ordered to be placed on the Calendar.

Senator Kelly presents (99-S 978) An Act relating to solemnization of marriages.

Read and referred to the Committee on Judiciary.

Senator s Cicilline, Perry, Izzo, Walton, Good win and others present (99-S 979) Senate Resolution expressing sympathy on the tragedy at Columbine High School in Littleton, Colorado.

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 rising vote.

Senators Damiani, Kells, Kelly, Tocco, Breene and others present (99-S 980) Senate Resolution proclaiming May 15, 1999 as National Police Memorial Day in Rhode Island.

Senator Damiani requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senators Cicilline and Paiva Weed present (99-S 981) Senate Resolution honoring William A. Hanlon '58 on recieving the Providence College "Alumnus of the Year" Award.

Senator Cicilline requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator Cicilline, seconded by Senator Paiva Weed, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.

Senator s Cicilline and Paiva Weed present (99-S 982) Senate Resolution congratulating Elizabeth Fuerte on winning the 1999 Newport Daily News Community Service Award.

Senator Cicilline requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator Cicilline, seconded by Senator Paiva Weed, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.

Senator s Cicilline and Paiva Weed present (99-S 983) Senate Resolution congratulating Evelyn Carroll on winning the 1999 Newport Daily News Community Service Award.

Senator Cicilline requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator Cicilline, seconded by Senator Paiva Weed, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.

Senator s Celona, Graziano, Montalbano, Connors, DaPonte and others present (99-S 984) Senate Resolution creating a special Senate commission to develop a comprehensive action plan to identify and deal with young people who are at risk for violent anti-social behavior.

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

Senator s Paiva Weed and Cicilline present (99-S 985) An Act relating to the Newport Public Library.

Read and referred to the Committee on Corporations.

4. (99-H 6292) An Act reinstating and restoring forfeited or revoked corporate charters.

CALENDAR

In order for the day is taken up as follows:

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

Senator s Cicilline and Roberts present (99-S 986) An Act relating to persons with disabilities.

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

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

Senator Kelly presents (99-S 987) An Act relating to alcoholic beverages.

Read and referred to the Committee on Special Legislation.

CONSENT CALENDAR

In order for the day is taken up as follows:

Upon motion of Senator Kelly, seconded by Senator Algiere, the following measures on today's Consent Calendar, by unanimous consent, are read and passed upon a voice vote:

1. (99-S 83) (Substitute "A") Senate Resolution respectfully requesting that the Department of Elementary and Secondary Education provide a violence prevention program.

2. (99-S 160) (Substitute "A") Senate Resolution creating a special Senate commission to study the use of seat belts in school buses.

51. (99-H 6268) An Act relating to taxation -levy and assessment of local taxes - city of Central Falls.

Committee on Corporations recommends passage in concurrence.

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 26, 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

Representative , s 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:

3. (99-S 214) (Substitute "A" as amended) Senate Resolution creating a special commission to review state statutes requiring criminal background chacks and make recommendations for consistent application thereof.

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.

ADJOURNMENT

Upon motion of Senator Kelly, seconded by Senator Algiere, the Senate adjourns at 4:29 o'clock P.M.

RAYMOND T. HOYAS, JR.
Clerk of the Senate

Appendix


INVOCATION

SENATOR J. CLEMENT CICILLINE

Lord, although we come back into session refreshed from our recent break, our hearts are heavy because of the tragic loss of lives at Columbine High School in Littleton, Colorado.

We ask, you, Lord, to help us pray for those students and their families and all the citizens of Littleton. We also ask that you help our students in Rhode Island so that they be guided and protected by a sprint of understanding and acceptance and that they will always be respectful of the fellings and rights of others . . . and that they will always seek to find common ground in nonviolent ways whenever differences become apparent. Finally,

Lord, we ask for your divine assistance in making decisions that will preserve and protect our children so that they may be nurtured in an environment of peace and love.


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