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. 53 Tuesday, May 18, 1999 Fifty-third Day


The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Charles J. Fogarty, at 4:25 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 Al~ere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, DaPonte, DoneIan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kel]s, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

ABSENT - 2; Senators Damiani, Roney.

INVOCATION


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

(See Appendix for Invocation)


PLEDGE OF ALLEGIANCE TO THE FLAG


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

APPROVAL OF RECORD


The Senate Journal of Thursday, May 13, 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.

CORRECTION


The Senate Journal of Wednesday, May 5, 1999, shall be corrected on page 13, column 2, line 35, by inserting Senator McDonald's name in place of Senator Montalbano's name.

COMMUNICATION


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

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER


May 17, 1999

The Honorable Charles J. Fogarty
Lieutenant Governor
115 State House
Providence, RI 02903

Dear Lt. Governor Fogarty;

Due to extreme circumstances, I will not be attending Senate Session during the week od May 17-21, 1999.

Please make the appropriate notation in the Senate Journal. Thank you for your cooperation.

Very truly yours,

MICHAEL J. DAMIANI
Senator, District 43

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 measure which became effective without the signature of His Excellency, the Governor on May 14, 1999:

(99-S 1010) An Act to vacate the forfeiture or revocation of the charter of Sansone Funeral Home, Inc.

JAMES R. LANGEVIN
Secretary of State

Received and ordered to be placed on file.

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 May 14, 1999, by His Excellency, the Governor:

(99-S967) An Act relating to the Little Compton Agricultural Conservancy Trust.

JAMES R. LANGEVIN
Secretary of State

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 appointment and requesting the advice and consent of the Senate thereto:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE


Lincoln Almond
Governor

May 10, 1999

To the Honorable, th.e Senate:

I have the honor to inform you that in accordance with the provisions of Section 42-63-6 of the Rhode Island General Laws, I have made the following appointment to the Rhode Island Economic Development Corporation;

Douglas A. Sgarro of Barrington
VICE
Scott A. Gibbs

for a term expiring February 1, 2003.

To this appointment, 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 5714 as amended) An Act relating to public utilities and carriers - Public Transit Authority.

Read and referred to the Committee on Corporations.

Also:

(99-H 6197 as amended) An Act relating to motor vehicles - air pumps.

Read and referred to the Committee on Corporations.

Also:

(99-H 5343) An Act relating to courts and civil procedure procedure generally.

Read and referred to the Committee on Judiciary.

Also:

(99-H 6473) An Act relating to solemnization of marriages.

Read and referred to the Committee on Judiciary.

Also:

(99-H 6471) Joint Resolution calling on the General Assembly to meet in Newport at the Old Coloney House on May 4, 2000.

Read and referred to the Committee on Special Legislation.

Also:

(99-H 6472) An Act relating to state affairs and government- Newport County Convention and Visitors' Bureau.

Read and referred to the Committee on Special Legislation.

Also:

(99-H 5271) (Substitute "A") An Act relating to motor and other vehicles.

Read and ordered to be placed on the desk.

Also:

(99-H 5345 as amended) House Resolution respectfully requesting an addition to the public works program in the town of Middletown.

Read and ordered to be placed on the desk.

Also:

(99-H 5634) (Substitute "A" as amended) An Act relating to motor and other vehicles -pedestrians.

Read and ordered to be placed on the desk.

REPORTS OF COMMITTEES


COMMITTEE ON CORPORATIONS


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

(99-S 840) An Act establishing the Coventry land trust.

Read and ordered to be placed on the Calendar.

(99-S 929) An Act establishing the Smithfield land trust.

Read and ordered to be placed on the Calendar.

(99-S994) An Act authorizing certain Smithfield police officers to join the municipal employees retirement system of the state of Rhode Island.

Read and ordered to be placed on the Calendar.

(99-S 995) An Act relating to hawkers and peddlers.

Read and ordered to be placed on the Calendar.

(99-S996) An Act permitting the town of Bristol to appoint a nonresident tree warden.

Read and ordered to be placed on the Calendar.

COMMITTEE ON JUDICIARY


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

(99-S 932) (Substitute "A") An Act relating to the Rhode Island Traffic Safety and Accountability Act of 1999.



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 measure:

(99-H 6244) An Act relating to days of special observance.

Read and ordered to be placed on the Calendar.
TRANSFER OF BILLS


Senator Goodwin, from the Committee on Special Legislation, in accordance with Senate Rule 6.14, moves to transfer the following bill from the Committee on Special Legislation to the Committee on Finance:

(99-S 771) An Act relating to taxation.

Read and referred to the Committee on Finance.

Senator Goodwin, from the Committee on Special Legislation, in accordance with Senate Rule 6.14, moves to transfer the following bills from the Committee on Special Legislation to the Committee on Judiciary:

(99-S 772) An Act relating to access to public records.

Read and referred to the Committee on Judiciary.

(99-S 773) An Act relating to managed care.

Read and referred to the Committee on Judiciary.

CALENDAR


In order for the day is taken up as follows:

Upon suggestion of Senator Enos, and without objection, the Calendar is deferred to Wednesday, May 19, 1999.



ADJOURNMENT




Upon motion of Senator Kelly, seconded by Senator Algiere, the Senate adjourns at 4:30 o'clock P.M.



RAYMOND T. HOYAS, JR.
Clerk of the Senate


Appendix



INVOCATION

SENATOR DAVID V. IGLIOZZI



Almighty God, grant to us Your servants patience, charity and wisdom for our tasks. Answer our prayers and those of our constituents. Make us instrumental in promoting Your Will.Amen.



Appendix



CALENDAR


In order for Wednesday, May 19, 1999:

1. (99-S 393) An Act relating to courts and civil procedure- court reporting.

Committee on Judiciary recommends passage.

2. (99-S517 as amended) An Act relating to business and professions- home inspectors.

Committee on Corporations recommends passage as amended.

3. (99-S1001) An Act relating to municipal courts - city of Cranston.

Committee on Corporations recommends passage.

Appendix



CALENDAR

In order for Thursday, May 20, 1999:

1. (99-S932) (Substitute "A") An Act relating to the Rhode Island Traffic Safety and Accountability Act of 1999.

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

2. (99-S866) (Substitute "A") An Act relating to businesses and professions - contractor's registration.

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

3. (99-S623) (Substitute "A") An Act relating to businesses and professions - landscape architects.

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

4. (99-S894) An Act relating to mandated benefits review act.

Committee on Corporations recommends passage.

5. (99-S461) (Substitute "A") An Act relating to businesses and professions - medical answering services.

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

6. (99-S140) (Substitute "A") An Act relating to financial institutions - powers and operations.

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

7. (99-S840) An Act establishing the Coventry land trust.

Committee on Corporations recommends passage.

8. (99-S929) An Act establishing the Smithfield land trust.

Committee on Corporations recommends passage.

9. (99-S 994) An Act authorizing certain Smithfield police officers to join the municipal employees' retirement system ofthe state of Rhode Island.

Committee on Corporations recommends passage.

10. (99-S995) An Act relating to hawkers and peddlers.

Committee on Corporations recommends passage.

11. (99-S996) An Act permitting the town of Bristol to appoint a nonresident tree warden.

Committee on Corporations recommends passage.

12. (99-H6244) An Act relating to days of special observance.

Committee on Special Legislation recommends passage in concurrence.



RAYMOND T. HOYAS, JR.
Clerk of the Senate
Tuesday, May 18, 1999



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