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. 11 Wednesday, January 28, 1998 Eleventh Day


The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Bernard A. Jackvony, at 4:09 o'clock P.M.

The roll is called and a quorum is declared present with 46 Senators present and 4 Senators absent as follows;

PRESENT - 46: Senators Algiere, Alves, Bates, Blais, Breene, Celona, Cicilline, Coderre, Connors, Cote, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

ABSENT - 4: Senators Badeau, Caprio, Damiani, Ruggerio.

INVOCATION

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

(See Appendix for Invocation)


PLEDGE OF ALLEGIANCE TO THE FLAG

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

APPROVAL OF RECORD

The Senate Journal of Tuesday, January 27, 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, Walaska, Irons and Enos, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Scott A. Kisting, Chief Operating Officer of Citizens Financial Group.

Upon suggestion of Senators Enos and Parella, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber family members of Senator Nygaard, Erik and Leif Nygaard,

Upon suggestion of Senator Nygaard, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Marissa Owen and Simone King of Perth, Australia,

COMMUNICATION

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

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER

January 28, 1998

The Honorable Senate
Senate Chambers
State House
Providence, RI 02903

Dear Colleagues:

Please be notified that Governor Lincoln Almond will present the 1998 State of the State Address to the Joint Session of the Senate and House of Representatives at 7:00 P.M., Thursday, January 29, 1998 in the House Chamber. The time of the address has necessitated a change from the usual meeting time of the Senate. Accordingly, the Senate will meet at 6:00 P.M. on the 29th.

In addition, after consultation with Minority Leader Dennis Algiere, we are announcing a nine member Escort Committee whose honor it will be to accompany the Governor from the Executive Chamber to the House Chamber. Those Senators are Karen Nygaard, Daniel Connors, John O'Leary, Donna Walsh, Jonathan Oster, Timothy McDonald, June Gibbs, Leo Blais and David Bates.

Warmest personal regards,

PAUL 5. KELLY
Senate Majority Leader



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:

(98-H 7587) Joint Resolution inviting His Honor, the Presiding Officer of the Senate, and the Honorable Senate to join the House of Representatives in Joint Session for the purpose of receiving the State of the State Address of His Excellency, the Governor.

Senator Enos requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator Enos, seconded by Senator Blais, and by unanimous consent, read and passed, in concurrence, under suspension of the rules, upon a voice vote.

REPORTS OF COMMITTEES


TRANSFER OF BILLS


Senator Lenihan, from the Committee on Finance, in accordance with Senate Rule 6.14, moves to transfer the following bill from the Committee on Finance to the Committee on Judiciary:

(98-S 2286) An Act relating to criminal procedure.

Read and referred to the Committee on Judiciary.

Senator Lenihan, from the Committee on Finance, in accordance with Senate Rule 6.14, moves to transfer the following bills from the Committee on Finance to the Committee on Corporations:

(98-S 2231) An Act relating to state purchases - engineering services.

Read and referred to the Committee on Corporations.

(98-S 2229) An Act relating to the Dr. John E. Donley Rehabilitation Center.

Read and referred to the Committee on Corporations.

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

(98-S 2010 as amended) An Act relating to commercial law - gift certificate.

Read and ordered to be placed on the Calendar.

(98-S 2015) An Act relating to open-end mortgages.

Read and ordered to be placed on the Calendar.

(98-S 2070) An Act relating to corporations -associations and partnerships.

Read and ordered to be placed on the Calendar.

NEW BUSINESS


Senators McDonald, Enos, Fogarty and Oster present (98-S 2290) Senate Resolution congratulating W. Patrick McQueeney on his retirement after 25 years of dedicated service to the citizens of the State of Rhode Island.

Senator McDonald requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senators Cicilline, Paiva Weed, Goodwin, Roberts, Walton and others present (98-S 2291) An Act relating to cities and towns- state aid.

Read and referred to the Committee on Finance.

Senators Perry, Nygaard, Walton, Oster, Roney and others present (98-S 2292) An Act relating to health and safety - reproductive health care.

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

Senators Algiere and Blais present (98-S 2293) An Act allowing for issuance of graduated motor vehicle operators' licenses.

Read and referred to the Committee on Judiciary.

Senators Alves, Graziano, McCaffrey, Celona, Issa and others present (98-S 2294) An Act relating to businesses and professions - contractors' registration.

Read and referred to the Committee on Corporations.

Senators Oster and McDonald present (98-S 2295) An Act relating to insurance.

Read and referred to the Committee on Corporations.

Senators McDonald and Oster present (98-S 2296) An Act relating to death by wrongful act.

Read and referred to the Committee on Corporations.

Senators O'Leary and Polisena present (98-S 2297) An Act relating to insurance.

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

Senators O'Leary, Lenihan, Izzo, Roberts and McBurney present (98-S 2298) An Act relating to taxation - donated computer equipment - tax credit.

Read and referred to the Committee on Finance.

Senator McDonald presents (98-S 2299) An Act relating to motor vehicles - ice cream trucks.

Read and referred to the Committee on Corporations.

Senators Perry, Nygaard, Sosnowski, Coderre and Roney present (98-S 2300) An Act relating to food and drugs uniform controlled substances act.

Read and referred to the Committee on Judiciary.

Senators Walaska, Montalbano, Cote, Oster, McCaffrey and others present (98-S 2301) An Act relating to state affairs and government.

Read and referred to the Committee on Finance.

Senators Gibbs, Parella and Blais present (by request of the Department of Health) (98-S 2302) An Act relating to substance abuse treatment services conference.

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

Senators Flynn, Breene, Blais, Patterson and Parella present (98-S 2303) An Act relating to businesses and professions- locksmiths.

Read and referred to the Committee on Corporations.

Senators McCaffrey, Walaska, Celona and Alves present (98-S 2304) An Act relating to assaults.

Read and referred to the Committee on Judiciary.

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 Irons announces that the Committee on Corporations will meet on Thursday, January 29, 1998 at 4:15 o'clock P.M. in Room 212 of the State House.

Also:

Senator Paiva Weed announces that the Committee on Judiciary will meet on Thursday, January 29, 1998 at 3:30 o'clock P.M. in Room 313 of the State House.

Also:

Senator Izzo announces that the Committee on Health, Education and Welfare will meet today 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 today at the rise of the Senate in the Senate Lounge of the State House.

ADJOURNMENT


Upon motion of Senator Kelly, seconded by Senator Algiere, and upon suggestion of Senator Sosnowski, the Senate adjourns at 4:21 o'clock P.M., on a unanimous rising vote, as a further mark of respect to the memory of Captain Richard Brown of the South Kingstown Police Department.

RAYMOND T. HOYAS, JR.
Clerk of the Senate

Appendix



INVOCATION

SENATOR ROBERT T. KELLS


We ask, that you guide us, Lord, in broadening our minds and extending ourselves in service to our constituents. May we better understand their concerns and needs and do our best to assist them. 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.

Appendix

CALENDAR


In order for Tuesday, February 3, 1998:



1. (98-S 2010 as amended) An Act relating to commercial law- gift certificate. Committee on Corporations recommends passage as amended.

2. (98-S 2015) An Act relating to open-end mortgages. Committee on Corporations recommends passage.

3. (98-S 2070) An Act relating to corporations - associations and partnerships. Committee on Corporations recommends passage.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Wednesday, January 28, 1998





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