SENATE JOURNALS 05-04-1999

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. 47 Tuesday, May 4, 1999 Forty-seventh Day

The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Charles J Fogarty, at 4:19 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, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Doneian, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh.

ABSENT - 2: Senators Lenihan, Walton.

INVOCATION

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

(See Appendix for Invocation)

PLEDGE OF ALLEGIANCE TO THE FLAG

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

APPROVAL OF RECORD

The Senate Journal of Thursday, Apri1l 29, 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.

GUESTS

Upon suggestion of Senators Enos and Cicilline, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Amanda Gustafson and Alison Gustafson of San Diego, California, who are visiting Rhode Island as part of Amanda's class project on our state.

Upon suggestion of Senator Parella, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Nancy Horne.

REPORT OF COMMITTEE
TRANSFER OF BILLS

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 Special Legislation:

(99-S) An Act relating to

Read and referred to the Committee on Special Legislation.

FROM THE

HOUSE OF REPRESENTATIVES

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

(99-H 5275) (Substitute "A") Joint Resolution creating a special legislative commission to investigate the best method of promoting the finding and hiring additional minority teachers in Rhode Island public school.

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

Also:

(99-H 6062) An Act relating to education The Rhode Island substance abuse prevention act.

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

Also:

(99-H 6099) An Act relating to health and safety - Commission on the Deaf and Hearing Impaired.

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

Also:

(99-H 6169 as amended) An Act relating to state affairs and government.

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

Also:

(99-H 6241) (Substitute "A") An Act relating to Board of Regents for Elementary and Secondary Education.

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

Also:

(99-H 6437) An Act relating to persons with disabilities.

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

Also:

(99-H 5429) An Act relating to school budgets.

Read and referred to the Committee on Judiciary.

Also:

(99-H 5500) An Act relating to elections - voting by citizens residing outside of the U.S.

Read and referred to the Committee on Judiciary.

Also:

(99-H 5502) (Substitute "A") An Act relating to elections mail ballots.

Read and referred to the Committee on Judiciary.

Also:

(99-H 5990) Joint Resolution creating a special legislative commission to study the Presidential Preference Primary System.

Read and referred to the Committee on Judiciary.

Also:

(99-H 6053) An Act relating to holidays and days of special observance.

Read and referred to the Committee on Special Legislation.

Also:

(99-H 6098) (Substitute "A") An Act relating to education School for the deaf.

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.

Senators Flynn and Breene present (99-S 994) An Act authorizing certain Smithfield Police Officers to join the Municipal Employees' Retirement System of the State of Rhode Island.

Read and referred to the Committee on Corporations.

Senators Parella and Felag present (99-S 995) An Act relating to hawkers and peddlers.

Read and referred to the Committee on Corporations.

Senators Parella and Felag present (99-S 996) An Act permitting the town of Bristol to appoint a nonresident tree warden.

Read and referred to the Committee on Corporations.

Senators Perry, Coderre and Goodwin present (99-S997) Senate Resolution proclaiming the first week of May "Be Kind to Animals Week" in Rhode Island.

Senator Perry requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

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

Senator Irons presents (99-S 998) An Act relating to uniform commercial code - investment securities.

Read and referred to the Committee on Corporations.

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

Senators Kelly, Sosnowski, Cicilline, Paiva Weed, Enos and several others present (99-S 999) An Act relating to state affairs and government Department of Environmental Management.

Read and referred to the Committee on Judiciary.

Senators Coderre, Kelly, Sosnowski, Perry and Algiere present (99-S 1000) Senate Resolution declaring May 8, 1999 as "D.J. Respect for Living Things Day".

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-S894) An Act relating to mandated benefits review act.

Committee on Corporations recommends passage.

Upon suggestion of Senator Blais, and without objection, ordered to be placed on the Calendar for Wednesday, May 5, 1999.

2. (99-S280) (Substitute "A") An Act relating to licensing of health care facilities.

Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Wednesday, May 5, 1999.

4. (99-S787) An Act relating to credit card lending.

Committee on Corporations recommends passage.

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

8. (99-S100) (Substitute "A") An Act relating to criminal offenses - theft, embezzlement -misappropriation.

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

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

10. (99-S346) An Act relating to state affairs and government- Corrections Department.

Committee on Judiciary recommends passage.

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

11. (99-S393) An Act relating to courts and civil procedure- court reporting.

Committee on Judiciary recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, May 11, 1999.

3. (99-S457) An Act relating to insurance.

Committee on Corporations recommends passage.

Senator Blais moves passage, seconded by Senator Irons.

The act is read and passed, by unanimous consent, upon a roll call vote with 47 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 47: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Doneian, Enos, Felag, Flynn, Fogarty, GalJo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, McBurney, McCaffrey, McDonald, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh.

NAYS -O.

5. (99-S910) An Act relating to health and safety - licensing of health care facilities.

Committee on Corporations recommends passage.

Senator Enos moves passage, seconded by Senators Coderre, Cicilline, Goodwin, Walsh, Roberts, Ruggerio, Irons and Paiva Weed.

The act is read and passed, by unanimous consent, upon a roll call vote with 48 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS 48: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, DaPonte, Doneian, Enos, Felag, Flynn, Fogarly, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska,Walsh

NAYS -0.

6. (99-S930) An Act exempting from taxation the real, mixed and personal property of Mount Hope Trust in Bristol.

Committee on Corporations recommends passage.

Senator Felag moves passage, seconded by Senators Parella, Cicilline, Damiani and Tocco.

The act is read and passed, by unanimous consent, upon a roll call vote with 47 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 47: Senators Alfflere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Doneian, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptaltis, Revens, Roberts, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh.

NAYS -0.

7. (99-S16) (Substitute "A") An Act relating to domestic abuse prevention.

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

Senator Graziano moves passage, seconded by Senators Walsh, Celona, Enos, Coderre, Montalbano 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 48 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 48: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Doneian, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, RaptaKis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska,Wslsh.

NAYS -0.

9. (99-S303) (Substitute "A") An Act relating to criminal offenses - sexually violent predators.

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

Senator Paiva Weed moves passage, seconded by Senators Oster, Goodwin, Gallo, Felag, Tocco, Ruggerio 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 48 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS 48: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, DaPonte, Doneian, Enos, Felag, Flynn, Flahertyy, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Inman, Iello, Kells, Kelly, McBurney, McCaffrey, McDonald, Montonaro, Oster, Paiva Weed, Parella, Patterson, Party, Raptakis, Revens, Roberts, Roney, Russo, Sasso, Sosnowski, Tocco, Walaska, Walsh.

NAYS -0.

12. (99-S405) (Substitute "A") An Act relating to criminal offenses - operation of motor vehicle while intoxicated.

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

Senator Izzo moves passage, seconded by Senators Enos, Cicilline, Goodwin, DaPonte, Gallo, Roberts, Sosnowski, Igliozzi, Coderre and others.

Senators Kells and Izzo discuss the act.

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, upon a roll call vote with 41 Senators voting in the affirmative and 2 Senators voting in the negative as follows:

YEAS - 4i: Senators Algiere, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Doneian, Enos, Felag, Flynn, Fogarty, Gallo, Goodwin, Graziano, Igliozzi, Irons, Izzo, Kelly, McBurney, l'IcCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, RaptaKis, Roberts, Roney, Ruggerio, Sosnowski, Tocco, Walsh.

NAYS - Senators Kells, Revens.

13. (99-S462) An Act relating to motor and other vehicles motor vehicle offenses.

Committee on Judiciary recommends passage.

Senator Sosnowski moves passage, seconded by Senators Kelly, Enos, Coderre, Goodwin, Patterson, Gibbs, Algiere, Walsh, Tocco, Celona and many others.

Senators Cicilline, Celona, Tocco, Kelly and Algiere discuss the act.

The act is read and passed, by unanimous consent, upon a roll call vote with 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS 46: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, DaPonte, Doneian, Enos, Felag, Flynn, Fogarty, GalJo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Izzo, Kells, Kelly, McBurney, McCaftrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowslti, Tocco, Walsh.

NAYS -0.

14. (99-S638) (Substitute "A") An Act relating to elections.

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

Senator Roney moves passage, seconded by Senator Kelly.

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS 46: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Doneian, Enos, Felag, Flynn, Fogarty, GalJo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Iszo, Kells, Kelly, McBurney, l'IcCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walsh.

NAYS -0.

15. (99-S640) An Act relating to motor vehicles.

Committee on Judiciary recommends passage.

Senator Patterson moves passage, seconded by Senators Parella, Paiva Weed, Roberts, Roney, Graziano, Sosnowski 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 Aigiere, Bates, Blais, Breene, Caorio, Celona, Cicilline, Connors, Cole, Damiani, DaPonte, Doneian, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, McBurney, McCaffrey, McDonald, Monlalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walsh.

NAYS -0.

Upon suggestion of Senator Enos, and without objection, the remainder of the Calendar is deferred to tomorrow.

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 Roberts announces that the Committee on Finance will meet today at the rise of the Senate in the Senate Lounge 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.

Also:

Senator Izzo announces that the Committee on Health, Education and Welfare will meet on Wednesday, May 5, 1999, at the rise of the Senate in Room 211 of the State House.

ADJOURNMENT

Upon motion of Senator Kelly, seconded by Senator Algiere, the Senate adjourns at 5:00 o'clock P.M.

RAYMOND T. HOYAS, JR.
Clerk of the Senate

Appendix

INVOCATION
SENATOR MARY A. PARELLA
Heavenly Father, We thank you for giving us Your inspiration to help promote peace for our Rhode Island constituents, whom we have been elected to serve. May we implement our ideas for justice today, remembering that it will be our actions today, and not our dreams for the future, which will make a difference.Amen.

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