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. 13
Tuesday, February 3, 1998
Thirteenth Day
The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Bernard A. Jackvony, at 4:14 o'clock
P.M.
The roll is called and a quorum is declared present with 49 Senators present and 1 Senator absent as follows:
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Perry, to
deliver the invocation.
PLEDGE OF ALLEGIANCE TO THE FLAG
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Perry, to lead the Senate in the pledge of allegiance to the flag.
APPROVAL OF RECORD
The Senate Journal of Thursday, January 29, 1998 proceedings is read in part.
Upon suggestion of Senator Enos and by unanimous consent, further reading of the Journal is dispensed with and the Journal approved as recorded.
GUESTS
Upon suggestion of Senator Izzo, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Laurent Lienard, a Belgium National in his 4th year as a law student at Catholic University.
Upon suggestion of Senators O'Leary, Celona and Walton, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Captain Walter Croddock, Chief Walter Lanni, Reverend Clyde Walsh and Sister Claire Dugan.
Upon suggestion of Senator Graziano, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Abby Straskulic, a sophomore at Salve Regina University, who will be serving as an intern this year.
Upon suggestion of Senator Montalbano, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Sheriff Joanne Macari.
Upon suggestion of Senator Gibbs, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Kristine McElroy, a senior at Providence College, who will be serving as an intern this year.
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
February 2, 1998
To the Honorable, the Senate:
I have the honor to inform you that in accordance with the provisions of Section 12-15.2 of the Rhode Island General Laws, I have made the following reappointment as Public Defender;
Stephen P. Nugent, Esquire of Providence
for a term expiring February 1, 2001.
To this reappointment, I respectfully request your advice and consent.
Sincerely,
LINCOLN ALMOND
Governor
Read and referred to the Committee on Judiciary.
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 January 28, 1998, by His Excellency, the Governor:
(98-S 2040) Joint Resolution relating to the town of Barrington.
JAMES R. LANGEVIN
Secretary of State
Received and ordered to be placed on file.
REPORTS OF COMMITTEES
TRANSFER OF BILLS
Senator Irons, from the Committee on Corporations, in accordance with Senate Rule 6.14, moves to transfer the following bills from the Committee on Corporations to the Committee on Health, Education and Welfare:
(98-S 2087) An Act relating to motor and other vehicles - equipment and accessories generally.
Read and referred to the Committee on Health, Education and Welfare.
(98-S 2132) An Act relating to certification of child care and youth workers.
Read and referred to the Committee on Health, Education and Welfare.
Senator Irons, from the Committee on Corporations, in accordance with Senate Rule 6.14, moves to transfer the following bills from the Committee on Corporations to the Committee on Judiciary:
(98-S 2203) An Act relating to motor and other vehicles - motor vehicles reparations act.
Read and referred to the Committee on Judiciary.
(98-S 2295) An Act relating to insurance.
Read and referred to the Committee on Judiciary.
(98-S 2296) An Act relating to death by wrongful act.
Read and referred to the Committee on Judiciary.
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:
(98-S 2272) An Act relating to harbors and harbor lines.
Read and referred to the Committee on Special Legislation.
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 Health, Education and Welfare:
(98-S 2133) An Act relating to pharmaceutical assistance for the elderly.
Read and referred to the Committee on Health, Education and Welfare.
(98-S 2134) An Act relating to state affairs and government-
pharmaceutical assistance to the elderly.
Read and referred to the Committee on Health, Education and Welfare.
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 Joint Committee on Veterans Affairs:
(98-S 2077) An Act relating to military affairs and defense-
extension of veterans' benefits.
Read and referred to the Joint Committee on Veterans Affairs.
Senator Irons, from the Committee on Corporations, reports back, with recommendation of passage of the following measures:
(98-S 2191) An Act providing for remodeling, renovating, equipping and furnishing and making certain additions and improvements to the existing Clayville Elementary School by the town of Scituate, including the issue of not more than $2,535,000 bonds therefor.
Read and ordered to be placed on the Calendar.
(98-H 7339) An Act providing for remodeling, renovating, equipping and furnishing and making certain additions and improvements to the existing Clayville Elementary School by the town of Scituate, including the issue of not more than $2,535,000 bonds therefor.
Read and ordered to be placed on the Calendar.
(98-S 2131) (Substitute "A" as amended) An Act relating to motor vehicles - registration fees.
Read and ordered to be placed on the Calendar.
(98-H 7317) An Act relating to education.
Read and ordered to be placed on the Calendar.
Senator Goodwin, from the Committee on Special Legislation, reports back, with recommendation of passage of the following measure:
(98-S 2078) Senate Resolution creating a special Senate commission to study the work of the Senate and to make appropriate recommendations.
Read and ordered to be placed on the Calendar.
NEW BUSINESS
Senators Cote, Badeau, Patterson, Flynn, Lenihan and others present (by request of the Governor, the Lieutenant Governor and the General Treasurer) (98-S 2363) Joint Resolution to approve and publish, and submit to the electors a proposition of amendment to the Constitution of the State (initiative and referendum).
Read and referred to the Committee on Special Legislation.
Senator Badeau presents (98-S 2364) An Act relating to labor and labor relations - workers' compensation - benefits.
Read and referred to the Committee on Labor.
Senator Badeau presents (98-S 2365) An Act relating to labor and labor relations workers' compensation - benefits.
Read and referred to the Committee on Labor.
Senator Badeau presents (98-S 2366) An Act relating to labor and labor relations - workers' compensation - benefits.
Read and referred to the Committee on Labor.
Senators Badeau present (98-S 2367) An Act relating to labor and payment of debts by contractors.
Read and referred to the Committee on Labor.
Senators Badeau present (98-S 2368) An Act relating to labor and labor relations - workers' compensation - benefits.
Read and referred to the Committee on Labor.
Senators Cote, Badeau, Lenihan, Patterson, Walaska and others present (by request of the Governor, the Lieutenant Governor and the General Treasurer) (98-S 2369) An Act relating to initiative and referendum.
Read and referred to the Committee on Special Legislation.
Senators Perry, Walton, Nygaard, Gibbs, Izzo and others present (98-S 2370) An Act relating to vicious dogs.
Read and referred to the Committee on Special Legislation.
Senator Raptakis present (98-S 2371) An Act relating to public officers and employees - code of ethics.
Read and referred to the Committee on Judiciary.
Senators Coderre, Parella, Perry and Polisena present (98-S 2372) An Act relating to enforcement of handicapped parking.
Read and referred to the Committee on Judiciary.
Senators Patterson and Blais present (by request of the Governor) (98-S 2373) An Act relating to sports, racing and athletics.
Read and referred to the Committee on Judiciary.
Senators Coderre, Parella, Perry, Walsh and Walton present (by request) (98-S 2374) An Act relating to criminal offenses-
jails and prisons.
Read and referred to the Committee on Judiciary.
Senators Coderre, Enos, Bates, Algiere and Walsh present (98-S 2375) An Act relating to victim's rights.
Read and referred to the Committee on Judiciary.
Senators Coderre, Walton and Polisena present (98-S 2376) An Act relating to correctional institutions - parole.
Read and referred to the Committee on Judiciary.
Senators Perry, Goodwin, Cicilline, Ruggerio and Nygaard present (98-S 2377) An Act relating to labor and labor relations - workers' compensation - general provisions.
Read and referred to the Committee on Labor.
Senators McBurney, Montalbano and Coderre present (98-S 2378) An Act relating to the residential landlord and tenant act.
Read and referred to the Committee on Judiciary.
Senators Cicilline, Kelly, Fogarty, Goodwin, Walton and others present (98-S 2379) An Act relating to mental health, retardation and Hospitals - Department of Health.
Read and referred to the Committee on Health, Education and Welfare.
Senators Connors, Tavares, Goodwin and Enos present (98-S 2380) An Act relating to financial institutions - automated teller machines.
Read and referred to the Committee on Corporations.
Senator Bates presents (by request of the State Police) (98-S 2381) An Act relating to state police.
Read and referred to the Committee on Finance.
Senators Coderre, Connors and Polisena present (98-S 2382) An Act relating to health and safety.
Read and referred to the Committee on Health, Education and Welfare.
Senators Cicilline, Polisena, Perry, Kells and Walton present (98-S 2383) An Act relating to education - curriculum.
Read and referred to the Committee on Health, Education and Welfare.
Senators Cicilline, Polisena, Perry and Kells present (98-S 2384) An Act relating to education - school committees and superintendents.
Read and referred to the Committee on Health, Education and Welfare.
Senators Blais, Sasso, Breene and Raptakis present (98-S 2385) An Act relating to the Pawtuxet River Authority.
Read and referred to the Committee on Corporations.
Senators Revens, McCaffrey, Walaska and Donelan present (98-S 2386) An Act relating to education - additional state aid to municipalities.
Read and referred to the Committee on Finance.
Senators Revens, McCaffrey, Walaska and Donelan present (98-S 2387) An Act relating to education - educational financial support.
Read and referred to the Committee on Finance.
Senators Breene and Blais present (by request of the Department of Business Regulation) (98-S 2388) An Act relating to automobile wrecking and salvage yards.
Read and referred to the Committee on Corporations.
Senators Coderre, Goodwin, Connors and Polisena present (98-S 2389) An Act relating to health and safety - fire detection systems in existing residential occupancies.
Read and referred to the Committee on Corporations.
Senators Coderre, Perry, Cicilline, Polisena and O'Leary present (98-S 2390) An Act relating to state affairs and government.
Read and referred to the Committee on Corporations.
Senators Paiva Weed, Lenihan, Kells, Roberts and Enos present (98-S 2391) An Act relating to state affairs and government-
health care for children and pregnant women.
Read and referred to the Committee on Health, Education and Welfare.
Senators Polisena, Goodwin and Walton present (by request) (98-S 2392) An Act relating to public officers and employees.
Read and referred to the Committee on Finance.
Senators Lenihan, Paiva Weed, Perry, O'Leary, Kelly and others present (98-S 2393) An Act relating to public records.
Read and referred to the Committee on Judiciary.
Senator Walaska presents (98-S 2394) An Act relating to health and safety - commission on the deaf and hearing impaired.
Read and referred to the Committee on Finance.
Senators Perry, Goodwin, Connors, Nygaard and Ruggerio present (98-S 2395) An Act relating to workers' compensation.
Read and referred to the Committee on Labor.
Senator Badeau presents (98-S 2396) An Act relating to alcoholic beverages.
Read and referred to the Committee on Special Legislation.
Senator Badeau presents (98-S 2397) An Act relating to holidays and days of special observance.
Read and referred to the Committee on Special Legislation.
Senator Badeau presents (98-S 2398) An Act relating to holidays and days of special observance - work permits on Sundays.
Read and referred to the Committee on Labor.
Senators Paiva Weed, Roney, Cicilline, Goodwin and Izzo present (98-S 2399) An Act relating to motor and other vehicles - motor vehicle offenses.
Read and referred to the Committee on Judiciary.
Senators Fogarty, Gibbs, Goodwin, Connors, Coderre and others present (98-S 2400) An Act relating to health and safety.
Read and referred to the Committee on Health, Education and Welfare.
Senators Fogarty, McDonald, Paiva Weed, Algiere, Connors and others present (98-S 2401) An Act relating to waters and navigation-
oil spill response fund.
Read and referred to the Committee on Judiciary.
Senators Raptakis and Alves present (98-S 2402) An Act relating to education - mandates.
Read and referred to the Committee on Finance.
Senators Badeau, Kelly and Cote present (98-S 2403) An Act relating to education.
Read and referred to the Committee on Health, Education and Welfare.
Senator Paiva Weed presents (by request) (98-S 2404) An Act relating to motor vehicles.
Read and referred to the Committee on Judiciary.
Senator Paiva Weed presents (98-S 2405) An Act relating to the uniform commercial code.
Read and referred to the Committee on Judiciary.
Senators Kells, Walton, Oster and Walaska present (98-S 2406) An Act relating to state affairs and government - enterprise zones.
Read and referred to the Committee on Corporations.
Senator Cicilline presents (98-S 2407) An Act relating to motor vehicles - special registration plate - Newport police chief retired.
Read and referred to the Committee on Special Legislation.
Senators Montalbano, Connors, Cote, Walaska, Celona and others present (98-S 2408) An Act relating to taxation - tax sales.
Read and referred to the Committee on Finance.
Senator Algiere presents (98-S 2409) An Act naming the Misquamicut State Beach facility for James J. Federico, Jr.
Read and referred to the Joint Committee on Naming State Constructions.
CONSENT CALENDAR
In order for the day is taken up as follows:
Upon motion of Senator Enos, seconded by Senator Algiere, the following measure on today's Consent Calendar, by unanimous consent, is read and passed upon a voice vote:
1.(98-S 2353) An Act reinstating and restoring forfeited or revoked corporate charters.
CALENDAR
In order for the day is taken up as follows:
1. (98-S 2010 as amended) An Act relating to commercial law-
gift certificate.
Committee on Corporations recommends passage as amended.
Senator Celona moves passage, seconded by Senators Graziano, McCaffrey, Ruggerio, Montalbano and Palazzo.
Senator Gibbs discusses the act.
The act is read and passed, as amended, by unanimous consent, upon a roll call vote with 48 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
2. (98-S 2015) An Act relating to open-end mortgages.
Committee on Corporations recommends passage.
Senator McCaffrey moves passage, seconded by Senators Tavares, Alves, Celona, Walaska, Palazzo and others.
The act is read and passed, by unanimous consent, upon a roll call vote with 42 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
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 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:
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 not meet tomorrow.
ADJOURNMENT
Upon motion of Senator Kelly, seconded by Senator Algiere, and upon suggestion of Senator Blais, the Senate adjourns at 5:03 o'clock P.M., on a unanimous rising vote, as a further mark of respect to the memory of Herman Rusack of Coventry, the town's oldest living resident, who embraced life fully and taught us all to treasure each day.
RAYMOND T. HOYAS, JR. Clerk of the Senate
Appendix
CALENDAR
In order for Wednesday, February 4, 1998:
1. (98-S 2032) An Act relating to smoking in public places.
Committee on Health, Education and Welfare recommends passage.
2. (98-S 2082) An Act relating to education -Adult Education Commission.
Committee on Health, Education and Welfare recommends passage.
3. (98-S 2107) Senate Resolution creating a special Senate commission to study the use of teleconferencing technology in schools.
Committee on Health, Education and Welfare recommends passage.
4. Appointment of John A. Daluz of North Providence VICE William P. Sheilds to the State Board of Elections for a term expiring June 1, 2011.
Committee on Judiciary recommends the Senate give its Advice and Consent to this appointment.
5. Reappointment of Jay Bombardier of Lincoln (Representing sound technicians) to the Board of Examination and Licensing of Telecommunication Systems Contractors, Technicians and Installers for a term expiring August 1, 2004.
Committee on Judiciary recommends the Senate give its Advice and Consent to this appointment.
6. (98-S 2026 as amended) An Act relating to guardianship.
Committee on Judiciary recommends passage as amended.
Appendix
CALENDAR
In order for Thursday, February 5, 1998:
1. (98-S 2131) (Substitute "A" as amended) An Act relating to motor vehicles - registration fees.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.
2. (98-S 2191) An Act providing for remodeling, renovating, equipping and furnishing and making certain additions and improvements to the existing Clayville Elementary School by the town of Scituate, including the issue of not more than $2,535,000 bonds therefor.
Committee on Corporations recommends passage.
3. (98-H 7317) An Act relating to education.
Committee on Corporations recommends passage in concurrence.
4. (98-H 7339) An Act providing for remodeling, renovating, equipping and furnishing and making certain additions and improvements to the existing Clayville Elementary School by the town of Scituate, including the issue of not more than $2,535,000 bonds therefor.
Committee on Corporations recommends passage in concurrence.
5. (98-S 2078) Senate Resolution creating a special Senate commission to study the work of the Senate and to make appropriate recommendations.
Committee on Special Legislation recommends passage.
RAYMOND T. HOYAS, JR. Clerk of the Senate
Tuesday, February 3, 1998
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