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. 14
Wednesday, February 4, 1998
Fourteenth 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 50 Senators present and 0 Senators absent as follows:
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Goodwin, to deliver the invocation.
(See Appendix for Invocation)
PLEDGE OF ALLEGIANCE TO THE FLAG
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Goodwin, to lead the Senate in the pledge of allegiance to the flag.
APPROVAL OF RECORD
The Senate Journal of Tuesday, February 3, 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.
Senator Caprio requests that the Senate Journal of Tuesday, February 3, 1998 be corrected to reflect his attendance.
Senator Enos objects.
Senators Enos, Caprio, Montalbano, Kelly and Palazzo discuss the request.
Senator Enos withdraws his objection.
His Honor, the Lieutenant Governor, orders the Senate Journal to be corrected to record Senator Caprio as present.
GUEST
Upon suggestion of Senator Damiani, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Mary Chace.
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 Finance:
(98-S 2140) An Act relating to motor and other vehicles - required equipment in police cars.
Read and referred to the Committee on Finance.
(98-S 2149) An Act relating to human services
- local welfare office.
Read and referred to the Committee on Finance.
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 Health, Education and Welfare:
(98-S 2266) An Act relating to education.
Read and referred to the Committee on Health, Education and Welfare.
Senator Izzo, from the Committee on Health, Education and Welfare, in accordance with Senate Rule 6.14, moves to transfer the following bill from the Committee on Health, Education and Welfare to the Committee on Corporations:
(98-S 2382) An Act relating to health and safety.
Read and referred to the Committee on Corporations.
Senator Izzo, from the Committee on Health, Education and Welfare, in accordance with Senate Rule 6.14, moves to transfer the following bill from the Committee on Health, Education and Welfare to the Committee on Finance:
(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 Finance.
Senator Paiva Weed, from the Committee on Judiciary, in accordance with Senate Rule 6.14, moves to transfer the following bills from the Committee on Judiciary to the Joint Committee on Accounts and Claims:
(98-S 2114) An Act authorizing suit against the city of East Providence by the estate of Thomas Higgins.
Read and referred to the Joint Committee on Accounts and Claims.
(98-S 2115) An Act authorizing suit against the city of Pawtucket by Joy Gabriele.
Read and referred to the Joint Committee on Accounts and Claims.
Senator Irons, from the Committee on Corporations, reports back, with recommendation of passage of the following measures:
(98-S 2036) An Act relating to aeronautics -airports and landing fields.
Read and ordered to be placed on the Calendar.
(98-S 2168 as amended) An Act relating to taxation.
Read and ordered to be placed on the Calendar.
(98-S 2281) (Substitute "A") An Act relating to insurance.
Read and ordered to be placed on the Calendar.
Senator Paiva Weed, from the Committee on Judiciary, reports back, with recommendation of passage of the following measures:
(98-S 2157 as amended) An Act relating to emergency medical transportation services.
Read and ordered to be placed on the Calendar.
(98-S 2176) (Substitute "A") An Act relating to criminal offenses-
assaults.
Read and ordered to be placed on the Calendar.
(98-S 2179) An Act relating to appointments, qualification, and tenure of officers.
Read and ordered to be placed on the Calendar.
(98-S 2226) An Act relating to appointments.
Upon suggestion of Senator Paiva Weed, and without objection, ordered to be recommitted to the Committee on Judiciary.
FROM THE HOUSE OF REPRESENTATIVES
A message from the House of Representatives transmits with announcement of passage:
(98-H 7770) An Act relating to education aid.
Read and referred to the Committee on Health, Education and Welfare.
NEW BUSINESS
Senators Cote and Walaska present (98-S 2410) An Act relating to judgments, orders, and decrees.
Read and referred to the Committee on Judiciary.
Senators Roney and Roberts present (98-S 2411) An Act relating to motor and other vehicles -operators' and chauffeurs' licenses.
Read and referred to the Committee on Health, Education and Welfare.
Senators Blais, Gibbs, Polisena, Nygaard and Izzo present (98-S 2412) An Act relating to health and safety restrictions on tobacco product advertising and promotion.
Read and referred to the Committee on Health, Education and Welfare.
Senators Patterson and Algiere present (by request of the Governor and the Attorney General) (98-S 2413) An Act relating to theft, embezzlement, false pretenses and misappropriations.
Read and referred to the Committee on Judiciary.
Senators Walton, Ruggerio, Cicilline, O'Leary, Goodwin and others present (98-S 2414) An Act relating to labor and labor relations - minimum wages.
Read and referred to the Committee on Labor.
Senators Walton, Kells, Cicilline, Nygaard, Roberts and others present (98-S 2415) An Act relating to labor and labor relations-
fair employment practice.
Read and referred to the Committee on Judiciary.
Senator Bates presents (by request of the Governor and the State Police) (98-S 2416) An Act relating to weapons.
Read and referred to the Committee on Judiciary.
Senators Algiere, Bates, Breene, Patterson and Gibbs present (by request of the Lieutenant Governor) (98-S 2417) Joint Resolution to approve and publish, and submit to the electors a proposition of amendment to the Constitution of the State (election of Governor and Lieutenant Governor).
Read and referred to the Committee on Judiciary.
Senators Gibbs, Blais and Algiere present (by request of the Lieutenant Governor) (98-S 2418) An Act relating to taxation worksite wellness.
Read and referred to the Committee on Finance.
Senators Blais, Patterson and Algiere present (by request of the Attorney General) (98-S 2419) An Act relating to courts and civil procedure -Family Court.
Read and referred to the Committee on Judiciary.
Senators Walsh, Nygaard, McDonald and Celona present (98-S 2420) An Act relating to human services - certification of child care personnel.
Read and referred to the Committee on Health, Education and Welfare.
Senators Blais, Polisena, Algiere and Patterson present (by request of the State Fire Marshal) (98-S 2421) An Act relating to health and safety -State Fire Marshal.
Read and referred to the Committee on Judiciary.
Senator Patterson presents (by request of the Lieutenant Governor) (98-S 2422) An Act relating to motor vehicles.
Read and referred to the Committee on Judiciary.
Senators Walsh, Nygaard, McDonald, Roberts, Sosnowski and others present (98-S 2423) An Act relating to domestic violence-
confidentiality of victims.
Read and referred to the Committee on Judiciary.
Senators Sosnowski and Nygaard present (98-S 2424) An Act relating to the Kingston Fire District in the town of South Kingstown.
Read and referred to the Committee on Corporations.
Senators Bates, Tavares, Walaska, Cote, Patterson and others present (98-S 2425) An Act creating a sunset law.
Read and referred to the Committee on Corporations.
Senator Bates presents (98-S 2426) An Act relating to state affairs and government -insurers settlement.
Read and referred to the Committee on Corporations.
Senator Sasso presents (98-S 2427) Joint Resolution to approve and publish, and submit to the electors a proposition of amendment to the Constitution of the State (indirect voter initiative).
Read and referred to the Committee on Special Legislation.
Senators McCaffrey, Graziano and Alves present (98-S 2428) Joint Resolution making an appropriation of $2,000 for Warwick Educational Assistance.
Read and referred to the Committee on Finance.
Senators McCaffrey, Graziano and Alves
present (98-S 2429) Joint Resolution making an appropriation of $15,000 for Conimicut Village Association.
Read and referred to the Committee on Finance.
Senators McCaffrey, Graziano and Alves present (98-S 2430) Joint Resolution making an appropriation of $12,825.00 for RSVP - Warwick CAP.
Read and referred to the Committee on Finance.
Senators McCaffrey, Graziano and Alves present (98-S 2431) Joint Resolution making an appropriation of $5,000 for the Community Policing Program in Warwick.
Read and referred to the Committee on Finance.
Senators McCaffrey, Graziano and Alves present (98-S 2432) Joint Resolution making an appropriation of $5,000 for the Mental Health Association of Rhode Island.
Read and referred to the Committee on Finance.
Senators McCaffrey, Celona, Graziano and Alves present (98-S 2433) Joint Resolution making an appropriation of $1,000 for Knights of Columbus Blood Drive.
Read and referred to the Committee on Finance.
Senators Perry, Walton, Nygaard, Izzo, Roberts
and others present (98-S 2434) An Act relating
to motor and other vehicles.
Read and referred to the Committee on Judiciary.
Senators Perry, Nygaard, Roberts, Ruggerio and Izzo present (98-S 2435) An Act relating to state affairs and government.
Read and referred to the Committee on Finance.
Senator McBurney presents (98-S 2436) An Act relating to retirement system.
Read and referred to the Committee on Finance.
Senators Cicilline and Paiva Weed present (98-S 2437) An Act amending the City Charter of the city of Newport by expanding the jurisdiction of the Municipal Court to authorize the court to require posting of recognizance to keep the peace and authorize the use of community service.
Read and referred to the Committee on Judiciary.
Senators Walton, Cicilline, Goodwin, Lenihan, Kells and others present (98-S 2438) An Act relating to insurance.
Read and referred to the Committee on Corporations.
Senators Walton, Paiva Weed, Goodwin, Palazzo, Kells and others present (98-S 2439) An Act relating to courts and civil procedures- language interpreters.
Read and referred to the Committee on Judiciary.
Senators Ruggerio, Polisena, Damiani, Celona, Blais and others present (98-S 2440) An Act relating to health and safety - Rhode Island right to life act.
Read and referred to the Committee on Health, Education and Welfare.
Senators Cote, Palazzo and McBurney present (98-S 2441) An Act relating to insurance - health plans - amendment of provider contracts.
Read and referred to the Committee on Corporations.
Senator McCaffrey presents (98-S 2442) Senate Resolution extending the reporting date of the special Senate commission to study food allergies and matters relating thereto.
Read and referred to the Committee on Special Legislation.
Senators McDonald and Oster present (98-S 2443) An Act relating to liability.
Read and referred to the Committee on Corporations.
Senators McDonald and Coderre present (98-S 2444) An Act relating to cities and towns -landing fee.
Read and referred to the Committee on Corporations.
Senators O'Leary and Badeau present (98-S 2445) An Act relating to health and safety -plumbers.
Read and referred to the Committee on Labor.
Senators Perry, Ruggerio, Nygaard, Walton, Goodwin and others present (98-S 2446) An Act relating to labor and labor relations-
workers' compensation - benefits.
Read and referred to the Committee on Labor.
Senators Blais, Algiere and Polisena present (by request of the State Fire Marshal) (98-S 2447) An Act relating to health and safety.
Read and referred to the Committee on Corporations.
Senators Graziano, Algiere, Polisena, Alves, McCaffrey and others present (by request of the Attorney General) (98-S 2448) An Act relating to domestic abuse prevention.
Read and referred to the Committee on Judiciary.
Senators Walaska and Montalbano present (98-S 2449) An Act relating to health and safety -Commission on the Deaf and Hearing Impaired.
Read and referred to the Committee on Finance.
Senators Enos, Goodwin, Coderre, Connors and Walton present (98-S 2450) An Act relating to professional service corporations.
Read and referred to the Committee on Corporations.
Senators Alves, Raptakis, Tavares, Walaska, Oster and others present (98-S 2451) An Act relating to insurance - single license procedure act.
Read and referred to the Committee on Corporations.
Senator Sasso presents (98-S 2452) An Act relating to the General Assembly - Joint Committee.
Read and referred to the Committee on Judiciary.
Senators Donelan, Walaska, McCaffrey and Revens present (98-S 2453) An Act relating to aeronautics - permanent noise monitoring act.
Read and referred to the Committee on Corporations.
Senators Donelan, Walaska, McCaffrey and Revens present (98-S 2454) An Act relating to airports and landing fields.
Read and referred to the Committee on Finance.
Senators Donelan, Walaska, McCaffrey and Revens present (98-S 2455) An Act relating to the airport corporation.
Read and referred to the Committee on Corporations.
Senator Donelan presents (98-S 2456) An Act relating to state affairs and government -organized nonprofit athletic program funding.
Read and referred to the Committee on Finance.
Senators Donelan, Revens, Walaska and McCaffrey present (98-S 2457) An Act relating to airports - airport noise.
Read and referred to the Committee on Health, Education and Welfare.
Senators Donelan, Walaska, McCaffrey and Revens present (98-S 2458) Senate Resolution respectfully requesting the city of Warwick and the Rhode Island Airport Corporation to extend the hours of their voluntary curfew agreement.
Read and referred to the Committee on Special Legislation.
Senators Donelan, Walaska, McCaffrey and Revens present (98-S 2459) Senate Resolution respectfully requesting the Department of Health to conduct an environmental impact study on airport expansion on surrounding communities.
Read and referred to the Committee on Special Legislation.
Senators Walaska, Alves, Oster, Cote, O'Leary and others present (98-S 2460) An Act relating to campaign contributions.
Read and referred to the Committee on Judiciary.
Senators Walaska, Oster and Montalbano present (98-S 2461) An Act relating to health insurance coverage - mandated hearing aid coverage.
Read and referred to the Committee on Corporations.
Senators Polisena and Damiani present (98-S 2462) An Act relating to insurance.
Read and referred to the Committee on Corporations.
Senators Walaska, Alves, Irons, Montalbano and Oster present (98-S 2463) An Act relating to taxicabs.
Read and referred to the Committee on Corporations.
Senators Walaska and Oster present (98-S 2464) An Act relating to access to health care for individuals with hearing impairments.
Read and referred to the Committee on Corporations.
Senators Graziano, Polisena, Algiere, Alves, McCaffrey and others present (by request of the Attorney General) (98-S 2465) An Act relating to criminal offenses.
Read and referred to the Committee on Judiciary.
Senators Graziano, Algiere, McCaffrey, Alves, Celona and others present (by request of the Attorney General) (98-S 2466) An Act relating to domestic violence.
Read and referred to the Committee on Judiciary.
Senators Nygaard, Walsh, Sosnowski, Breene, Patterson and others present (98-S 2467) An Act relating to businesses and professions.
Read and referred to the Committee on Health, Education and Welfare.
Senators Nygaard, Perry, Walsh, Sosnowski, Breene and others present (98-S 2468) An Act relating to food and drugs - uniform controlled substances act.
Read and referred to the Committee on Health, Education and Welfare.
Senators Nygaard, Perry, Izzo, Walsh, Sosnowski and others present (98-S 2469) An Act relating to nursing homes.
Read and referred to the Committee on Health, Education and Welfare.
Senators Walsh and Sosnowski present (98-S 2470) An Act relating to real estate conveyance tax.
Read and referred to the Committee on Finance.
Senators Izzo, Algiere, Roberts and Lenihan present (by request of the Governor and the Department of Children, Youth and Families) (98-S 2471) An Act relating to proceedings in Family Court.
Read and referred to the Committee on Judiciary.
Senators Izzo, Sosnowski, Roberts, Nygaard and Gibbs present (by request of the Department of Children, Youth and Families) (98-S 2472) An Act relating to state affairs and government- DCYF records - confidentiality of records.
Read and referred to the Committee on Judiciary.
Senators Izzo, Sosnowski, Roberts, Nygaard, Gibbs and others present (by request of the Department of Children, Youth and Families) (98-S 2473) An Act relating to delinquent and dependent children - proceedings in Family Court.
Read and referred to the Committee on Judiciary.
Senators Alves, Graziano, McCaffrey and Oster present (98-S 2474) An Act relating to medical assistance.
Read and referred to the Committee on Finance.
Senators Izzo, Sosnowski, Roberts, Nygaard, Gibbs and others present (by request of the Governor and the Department of Children, Youth and Families) (98-S 2475) An Act relating to state affairs and government - confidentiality of records.
Read and referred to the Committee on Judiciary.
Senators Izzo, Perry, Sosnowski, Walton, Roberts, Gibbs and Cicilline present (98-S 2476) An Act relating to education-
health and safety of pupils.
Read and referred to the Committee on Health, Education and Welfare.
Senators Perry, Roberts, Roney, Nygaard, Celona, Blais, Breene and Parella present (98-S 2477) An Act relating to food and drugs - uniform controlled substances act.
Read and referred to the Committee on Judiciary.
Senators Nygaard, Walsh, Sosnowski, Perry, Gibbs and Bates present (98-S 2478) An Act relating to health and safety - establishing freedom of access to clinic entrances.
Read and referred to the Committee on Judiciary.
Senators Walaska, Irons, Montalbano and Oster present (98-S 2479) An Act relating to public utilities and carriers - towing storage act.
Read and referred to the Committee on Corporations.
Senators Izzo, Blais, Coderre, Gibbs, Sosnowski, Algiere and Caprio present (by request of the Governor and the Department of Human Services) (98-S 2480) An Act relating to human services.
Read and referred to the Committee on Finance.
Senators Izzo, Parella, Lenihan, Celona and Caprio present (98-S 2481) An Act relating to education.
Read and referred to the Committee on Health, Education and Welfare.
Senators Izzo, Roberts, Parella, Celona and Caprio present (98-S 2482) An Act relating to emotionally disturbed children.
Read and referred to the Committee on Health, Education and Welfare.
CALENDAR
In order for the day is taken up as follows:
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.
Senator Celona, seconded by Senators Kelly, Enos, Coderre, Goodwin, Walton, Polisena, O'Leary, Lenihan, Caprio, Walsh, Flynn, Blais, Gibbs, Breene, Parella, Walaska, Kells, Damiani, Paiva Weed, McBurney, Fogarty and many others, moves that confirmation of the Senate be given this appointment.
Senators Perry, Walaska, Gibbs, Walton and Algiere discuss the confirmation.
By unanimous consent, the confirmation of the Senate is given this appointment, upon a roll call vote with 48 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
Upon suggestion of Senator Celona, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber John A. Daluz of North Providence.
CALENDAR
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.
Upon motion of Senator Oster, seconded by Senators Cote, Enos, Walaska, McDonald, Tavares, Issa, Coderre and others, and by unanimous consent, the confirmation of the Senate is given to this appointment, upon a roll call vote with 47 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
2. (98-S 2082) An Act relating to education -Adult Education Commission.
Committee on Health, Education and Welfare recommends passage.
Senator O'Leary moves passage, seconded by Senator Coderre, Roberts, Cicilline, Polisena and others.
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:
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.
Senator McDonald moves passage, seconded by Senators Fogarty, Coderre, Oster and many others.
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:
6. (98-S 2026 as amended) An Act relating to guardianship.
Committee on Judiciary recommends passage as amended.
Senator McCaffrey moves passage, seconded by Senators Graziano, Celona, Nygaard, Oster, Walaska, Paiva Weed and others.
The act is read and passed, as amended, by unanimous consent, upon a roll call vote with 47 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
Senator Irons announces that the Committee on Corporations will meet Thursday, February 5, 1998, at the rise of the Senate in Room 212 of the State House.
Also:
Senator Paiva Weed announces that the Committee on Judiciary will meet Thursday, February 5, 1998, at 3:00 o'clock P.M. and at the rise of the Senate in Room 313 of the State House.
ADJOURNMENT
Upon motion of Senator Kelly, seconded by Senator Algiere, the Senate adjourns at 4:45 o'clock P.M.
RAYMOND T. HOYAS, JR.
Clerk of the Senate
Appendix
INVOCATION
SENATOR MARYELLEN GOODWIN
Guide us, Lord, towards a deeper understanding of the needs of the people of our slate; may we be instrumental in serving those needs. Amen.
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.
Appendix
CALENDAR
In order for Tuesday, February 10, 1998:
1. (98-S 2036) An Act relating to aeronautics
- airports and landing fields.
Committee on Corporations recommends passage.
2. (98-S 2168 as amended) An Act relating to taxation.
Committee on Corporations recommends passage as amended.
3. (98-S 2281) (Substitute "A") An Act relating to insurance.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
4. (98-S 2157 as amended) An Act relating to emergency medical transportation services.
Committee on Judiciary recommends passage as amended.
5. (98-S 2176) (Substitute "A") An Act relating to criminal offenses - assaults.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".
6. (98-S 2179) An Act relating to appointments, qualification, and tenure of officers.
Committee on Judiciary recommends passage.
RAYMOND T. HOYAS, JR.
Clerk of the Senate
Wednesday, February 4, 1998
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