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 sixth day of January in the year of Our Lord one thousand nine hundred
and ninety-eight.
Volume 125, No. 10
Tuesday, January 27, 1998
Tenth Day
The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Bernard A. Jackvony, at 4:10 o'clock P.M.
The roll is called and a quorum is declared present with 47 Senators present and 3 Senators absent as follows:
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Walaska, to deliver the invocation.
(See Appendix for Invocation)
PLEDGE OF ALLEGIANCE TO THE FLAG
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Walaska, to lead the Senate in the pledge of allegiance to the flag.
APPROVAL OF RECORD
The Senate Journal of Thursday, January 22, 1998 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 Kelly and Algiere, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the Honorable Caviliare Francesco Fontana, and his wife Lidia Fontana from the Province of Vicenza, Italy, and Doctor Damiano Pianezzola. Caviliare Fontana is a representative of the Provincia di Vicenza, like our state government, governing cities and towns.
Upon suggestion of Senator Cicilline, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Kenneth Shea.
Upon suggestion of Senators O'Leary and Connors, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Erin Moore, a junior attending Providence College.
CONGRATULATIONS
Senator Celona extends congratulations and best wishes to Senator Palazzo and his wife Lu-Ann, on the very special occasion of the birth of their fifth child, Joseph Vincent Palazzo, born on Friday, January 23, 1998, weighing 8 lbs., 1 oz.
COMMUNICATION
FROM THE GOVERNOR
His Honor, the Lieutenant Governor, presents the following communication from His Excellency, the Governor:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE
Lincoln Almond
Governor
January 27, 1998
To the Honorable, the Senate:
I am hereby withdrawing the January 6, 1998 appointment of David R. Jonson to the Rhode Island Depositors Economic Protection Corporation Board of Directors.
Sincerely,
LINCOLN ALMOND
Governor
Read and ordered to be placed on file.
REPORT OF COMMITTEE
Senator Goodwin, from the Committee on Special Legislation, reports back, with recommendation of passage of the following measure:
(98-H 7318 as amended) An Act relating to alcoholic beverages-
retail license.
Read and ordered to be placed on the Calendar.
NEW BUSINESS
Senators Graziano, Polisena, McCaffrey and Celona present (98-S 2243) Senate Resolution proclaiming the week of May 4th - 10th, 1998 an National Nurses' Week in Rhode Island.
Senator Graziano requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Graziano, seconded by Senator Polisena and others, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.
Senators Cote and Kelly present (98-S 2244) Senate Resolution congratulating the Raymond Hebert family on being chosen Family of the Year by the Father Marot CYO Center.
Senator Cote requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Cote, seconded by Senator Kelly, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.
Senators Raptakis, Graziano, Montalbano, Celona, Gibbs and others present (98-S 2245) An Act relating to health and safety.
Read and referred to the Committee on Corporations.
Senators Perry, Patterson, Nygaard, Gibbs, Sosnowski and others present (98-S 2246) An Act relating to open meetings.
Read and referred to the Committee on Judiciary.
Senators Walaska, Alves and McCaffrey present (98-S 2247) An Act relating to motor vehicles - registration suspended upon suspension of license.
Read and referred to the Committee on Judiciary.
Senators Celona, McCaffrey, Graziano, Alves, Raptakis and others. present (98-S 2248) Senate Resolution creating a special Senate commission to determine the amount of lost Rhode Island revenue to Massachusetts and Connecticut.
Read and referred to the Committee on Special Legislation.
Senators Polisena and Kells present (98-S 2249) An Act relating to businesses and professions - hairdressers and cosmeticians.
Read and referred to the Committee on Health, Education and Welfare.
Senators Gibbs, Izzo, Nygaard and Parella present (by request of the Governor and the Department of Elementary and Secondary Education) (98-S 2250) An Act relating to education - charter schools.
Read and referred to the Committee on Health, Education and Welfare.
Senator Connors presents (by request) (98-S 2251) An Act relating to education - health and safety of pupils.
Read and referred to the Committee on Health, Education and Welfare.
Senator Connors presents (by request) (98-S 2252) An Act relating to education - deadline for layoff notices.
Read and referred to the Committee on Health, Education and Welfare.
Senators Perry, Gibbs, Nygaard, Sosnowski, Walton and others present (98-S 2253) An Act relating to state affairs and government-
health care, children and pregnant women.
Read and referred to the Committee on Health, Education and Welfare.
Senator Patterson presents (98-S 2254) An Act relating to holidays and days of special observance - work permits on Sundays.
Read and referred to the Committee on Labor.
Senator Breene presents (by request of the Department of Business Regulation) (98-S 2255) An Act relating to insurance - health maintenance organizations.
Read and referred to the Committee on Corporations.
Senator Bates presents (by request of the Department of Business Regulation) (98-S 2256) An Act relating to real estate brokers and salespersons.
Read and referred to the Committee on Corporations.
Senator Bates presents (by request of the Department of Business Regulation) (98-S 2257) An Act relating to regulation of sales and advertising price of malt beverages, wine and distilled liquor.
Read and referred to the Committee on Special Legislation.
Senator Blais presents (by request of the Department of Business Regulation) (98-S 2258) An Act relating to businesses and professions -automobile body repair shops.
Read and referred to the Committee on Corporations.
Senator Blais presents (by request of the Department of Business Regulation) (98-S 2259) An Act relating to insurance.
Read and referred to the Committee on Corporations.
Senators Breene and Blais present (by request of the Department of Business Regulation) (98-S 2260) An Act relating to corporations-
general provisions.
Read and referred to the Committee on Corporations.
Senators Gibbs, Breene, Flynn, Bates, Nygaard and others present (98-S 2261) An Act relating to public utilities.
Read and referred to the Committee on Corporations.
Senators Enos, Polisena, Cicilline and Coderre present (98-S 2262) An Act relating to state roads.
Read and referred to the Committee on Corporations.
Senators Parella, Blais, Izzo, Gibbs and Patterson present (by request of the Department of Business Regulation) (98-S 2263) An Act relating to state affairs and government - children's cabinets.
Read and referred to the Committee on Health, Education and Welfare.
Senators Enos, Polisena, McDonald, Cicilline, Nygaard and others present (98-S 2264) An Act relating to fish and wildlife-
licenses.
Read and referred to the Committee on Special Legislation.
Senators Connors, Coderre, Polisena, Goodwin and Oster present (98-S 2265) An Act relating to motor vehicles - school bus drivers.
Read and referred to the Committee on Judiciary.
Senators Polisena and O'Leary present (98-S 2266) An Act relating to education.
Read and referred to the Committee on Finance.
Senators Oster, McDonald and Paiva Weed present (98-S 2267) An Act relating to judicial selection.
Read and referred to the Committee on Judiciary.
Senators Graziano, Alves and McCaffrey present (98-S 2268) An Act relating to businesses and professions.
Read and referred to the Committee on Health, Education and Welfare.
Senators Graziano, Alves, McCaffrey and Celona present (98-S 2269) An Act relating to health and safety - alternatives to abortion information act.
Read and referred to the Committee on Health, Education and Welfare.
Senators Graziano, Alves, McCaffrey and Celona present (98-S 2270) An Act relating to health and safety - abortion-breast cancer act.
Read and referred to the Committee on Health, Education and Welfare.
Senators Graziano, Alves, McCaffrey and Celona present (98-S 2271) An Act relating to businesses and professions.
Read and referred to the Committee on Health, Education and Welfare.
Senator Algiere presents (98-S 2272) An Act relating to harbors and harbor lines.
Read and referred to the Committee on Corporations.
Senator Breene presents (by request of the Department of Business Regulation) (98-S 2273) An Act relating to businesses and professions.
Read and referred to the Committee on Corporations.
Senators Ruggerio, Celona, Goodwin, Connors and Coderre present (98-S 2274) An Act relating to businesses and professions display of license registration by contractors.
Read and referred to the Committee on Corporations.
Senator McBurney presents (98-S 2275) An Act relating to motor and other vehicles school buses.
Read and referred to the Committee on Health, Education and Welfare.
Senators McDonald, Oster, Fogarty, Paiva Weed, Enos and others present (98-S 2276) An Act relating to identification and apprehension of criminals.
Read and referred to the Committee on Judiciary.
Senators Connors, Oster, Coderre, Caprio, Goodwin and others present (98-S 2277) An Act relating to insurance,
Read and referred to the Committee on Judiciary.
Senators Enos, Polisena and Ruggerio present (98-S 2278) An Act relating to businesses and professions - pharmacy.
Read and referred to the Committee on Corporations.
Senators Coderre, Goodwin, Fogarty, Walton and Lenihan present (by request) (98-S 2279) An Act relating to criminal offenses.
Read and referred to the Committee on Judiciary.
Senators Coderre, Goodwin, Fogarty, Walton and Parella present (by request) (98-S 2280) An Act relating to criminal procedure-
arrest.
Read and referred to the Committee on Judiciary.
Senators Kelly, Polisena, Enos, Izzo, Cicilline and others present (98-S 2281) An Act relating to insurance.
Read and referred to the Committee on Corporations.
Senators Fogarty, Roberts, Izzo, Walton, Irons and others present (98-S 2282) An Act relating to health and safety - establishing the Rhode Island Health Care Quality Program.
Read and referred to the Committee on Health, Education and Welfare.
Senators Coderre, Goodwin, Fogarty, Paiva Weed, Irons and others present (98-S 2283) An Act relating to criminal procedure-
victim's rights.
Read and referred to the Committee on Judiciary.
Senators Coderre, Goodwin, Fogarty and Parella present (98-S 2284) An Act relating to state purchase - architects-engineers-consulting and printing services.
Read and referred to the Committee on Corporations.
Senator Breene presents (by request of the Department of Business Regulation) (98-S 2285) An Act relating to insurance.
Read and referred to the Committee on Corporations.
Senator Breene presents (by request of the Department of Business Regulation) (98-S 2286) An Act relating to criminal procedure.
Read and referred to the Committee on Finance.
Senator Bates presents (by request of the State Police) (98-S 2287) An Act relating to investigators of the Office of Automobile Theft and Insurance Fraud.
Read and referred to the Committee on Judiciary.
Senator Blais presents (98-S 2288) An Act relating to taxation-
sales and use taxes -liability and computation.
Read and referred to the Committee on Finance.
Senators Damiani, Polisena and Enos present (98-S 2289) An Act relating to registration of vehicles.
Read and referred to the Committee on Corporations.
CALENDAR
In order for the day is taken up as follows:
1. Appointment of Barbara A. Rayner, MSW, CISW of Coventry VICE Barbara Ruffino, as Director of the Department of Elderly Affairs.
Committee on Judiciary recommends the Senate give its Advice and Consent to this appointment.
Senator Blais, seconded by Senators Paiva Weed, Kelly, Enos, Coderre, Polisena, Damiani, Graziano, Raptakis, Walsh, Patterson, Parella, Irons, Goodwin, Kells, Fogarty, McDonald, Oster, Lenihan, Cicilline, Perry, Walaska and many others, moves that confirmation of the Senate be given this appointment.
Senators Paiva Weed, Polisena, Breene, Fogarty and Kelly discuss the confirmation.
By unanimous consent, the confirmation of the Senate is given this appointment, upon a roll call vote with 46 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
Upon suggestion of Senator Blais, and by unanimous consent, His Honor, the Lieutenant Governor welcomes to the Chamber Barbara A. Rayner, newly confirmed Director of the Department of Elderly Affairs, along with Bob Baris, her grandson Matthew Howe, granddaughter Morgan Nicole Rayner, daughter-in-law Susan Rayner, daughter Susan Howe, granddaughter Emily Ann Howe, son-in-law Kevin Howe, daughter-in-law Amy Rayner, son Jeff Rayner, stepson Jeff Baris, Beverly Narcisson, Director of AARP, Senior Employment Program; Pam Haskell, President, Rhode Island State Senior Center Directors Association; and Rick Ryan, President, Rhode Island Adult Day Care Association.
CALENDAR
2. (98-S 2002) An Act relating to education -establishment of regional school districts.
Committee on Corporations recommends passage.
Senator Walsh moves passage, seconded by Senators Sasso, Nygaard, Sosnowski and Roney.
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:
4. (98-S 2013) An Act relating to insurance -continuing education requirements.
Committee on Corporations recommends passage.
Senator Bates moves passage, seconded by Senators Blais and Gibbs.
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:
5. (98-S 2014) An Act relating to the Westerly Fire District.
Committee on Corporations recommends passage.
Senator Algiere moves passage, seconded by Senator Blais.
The act is read and passed, by unanimous consent, upon a roll call vote with 46 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
6. (98-S 2040) An Act relating to the town of Barrington.
Committee on Corporations recommends passage.
Senator Bates moves passage, seconded by Senators Nygaard, Damiani and Polisena.
The act is read and passed, by unanimous consent, upon a roll call vote with 46 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
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 tomorrow at the rise of the Senate in Room 211 of the State House.
Also:
Senator Goodwin announces that the Committee on Special Legislation will meet tomorrow at the rise of the Senate in the Senate Lounge of the State House.
Also:
Senator Enos announces that the Senate will meet on Thursday, January 29, 1998 at 6:00 o'clock P.M.
Also:
Senator Enos announces that the deadline for introduction of New Business is Thursday, February 5, 1998
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.
ADJOURNMENT
Upon motion of Senator Kelly, seconded by Senator Algiere, the Senate adjourns at 4:38 o'clock P.M.
RAYMOND T. HOYAS, JR. Clerk of the Senate
Appendix
INVOCATION
SENATOR WILLIAM A. WALASKA
Dear Lord, as we pause for You, we ask for quiet hearts, clear minds and spirits strong enough to match the era in which we serve. Amen.
Appendix
CALENDAR
In order for Thursday, January 29, 1998:
1. (98-H 7318 as amended) An Act relating to alcoholic beverages-
retail license.
Committee on Special Legislation recommends passage as amended in concurrence.
RAYMOND T. HOYAS, JR. Clerk of the Senate
Tuesday, January 27, 1998
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