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. 17
Wednesday, February 11, 1998
Seventeenth Day
The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Bernard A. Jackvony, at 4:15 o'clock P.M.
The roll is called and a quorum is declared present with 46 Senators present and 4 Senators absent as follows:
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Tavares, to deliver the invocation.
(See Appendix for Invocation)
PLEDGE OF ALLEGIANCE TO THE FLAG
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Tavares, to lead the Senate in the pledge of allegiance to the flag.
APPROVAL OF RECORD
The Senate Journal of Tuesday, February 10, 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 O'Leary and Donelan, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber several scouts from Pack 1 Gaspee Plateau, Warwick, Den 1 Weblos Cub Scouts, Chris Chartier, Zachary Gardner, Greg Kelsall, Andrew Morgan and their Leader John Kelsall; and from Den 6 Weblos Cub Scouts, R.J. Provencal, Jesse Lewis, Jared Maynard, Kyle Pena and their Leader Ron Provencal; and from Troop 1 Gaspee Plateau, Jason Kelsall and Jason Lowe.
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 9, 1998
To the Honorable, the Senate:
I have the honor to inform you that in accordance with the provisions of Section 16-59-2 of the Rhode Island General Laws, I have made the following appointment to the Board of Governors for Higher Education;
Aaron J. Phaneuf of Kingston
(Student Representative)
VICE
Daryl J. Finizio
for a term expiring January 31, 2000.
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:
(98-H 8408) Joint Resolution inviting His Honor, the Lieutenant Governor, and the Honorable Senate to join the House of Representatives in Joint Session for the purpose of receiving a message of His Excellency, the Governor, regarding the state budget.
Senator Kelly requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Kelly, seconded by Senator Algiere, and by unanimous consent, read and passed, in concurrence, under suspension of the rules, upon a voice vote.
REPORTS OF COMMITTEES
COMMITTEE ON CORPORATIONS
Senator Irons, from the Committee on Corporations, reports back, with recommendation of passage of the following measures:
(98-S 2260) An Act relating to corporations -general provisions.
Read and ordered to be placed on the Calendar.
(98-S 2273) An Act relating to businesses and professions.
Read and ordered to be placed on the Calendar.
COMMITTEE ON FINANCE
Senator Lenihan, from the Committee on Finance, reports back, with recommendation of passage of the following measures:
(98-S 2048) An Act relating to the Public Finance Management Board comprehensive review.
Read and ordered to be placed on the Calendar.
(98-S 2091) An Act relating to taxation.
Read and ordered to be placed on the Calendar.
(98-S 2136) An Act relating to public corporations - financial estimates.
Read and ordered to be placed on the Calendar.
(98-S 2137) An Act relating to the state budget.
Read and ordered to be placed on the Calendar.
(98-S 2193 as amended) An Act relating to public officers and employees - retirement system -contributions and benefits.
Read and ordered to be placed on the Calendar.
(98-S 2288) An Act relating to taxation - sales and use taxes-
liability and computation.
Read and ordered to be placed on the Calendar.
NEW BUSINESS
The following items are received and referred to committee pending any objection of the body on the next legislative day.
Senators Damiani and Celona present (98-S 2870) Joint Resolution making an appropriation of $160.45 to pay the claim of Amica Mutual Insurance Company of P.O. Box 6008, Providence, Rhode Island 02940 as subrogee for Florence M. Paliy, 97 Howland Avenue, Providence, Rhode Island 02914.
Read and referred to the Joint Committee on Accounts and Claims.
Senator Bates presents (98-S 2871) Joint Resolution making an appropriation of $143.95 to pay the claim of Ramona M. O'Donnell of 76 Plum Beach Road, Saunderstown, Rhode Island 02874.
Read and referred to the Joint Committee on Accounts and Claims,
Senator Bates presents (98-S 2872) Joint Resolution making an appropriation of $72.74 to pay the claim of Antonetta A. Dress of 96 Naples Avenue, Warwick, Rhode Island 02886.
Read and referred to the Joint Committee on Accounts and Claims.
Senator Walaska presents (98-S 2873) Joint Resolution making an appropriation of $10,000 for Jonah.
Read and referred to the Committee on Finance.
Senator Walaska presents (98-S 2874) Joint Resolution making an appropriation of $10,000 for Warwick House of Hope.
Read and referred to the Committee on Finance.
Senator Walaska presents (98-S 2875) Joint Resolution making an appropriation of $75,000 for Warwick Senior Center.
Read and referred to the Committee on Finance.
Senators Sosnowski and McDonald present (by request) (98-S 2876) An Act authorizing the electors of the town of South Kingstown to impose a real estate conveyance tax.
Read and referred to the Committee on Corporations.
Senator Oster presents (98-S 2877) Senate Resolution extending the reporting date of the special Senate commission to study the clean water supply in Rhode Island and matters related thereto.
Read and referred to the Committee on Special Legislation.
Senator Oster presents (98-S 2878) Joint Resolution reinstating the life of and extending the reporting and expiration dates of the special legislative commission to review statewide recycling efforts and to make recommendations therefor.
Read and referred to the Committee on Special Legislation.
Senators Celona and Irons present (98-S 2879) Senate Resolution congratulating the Diabetes Foundation of Rhode Island on their tremendous success in helping Rhode Islanders with diabetes.
Senator Celona requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Celona, seconded by Senator Irons, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.
Senator Walaska presents (98-S 2880) Senate Resolution honoring Erin Conti for receiving a Bronze Medal from the Prudential Spirit of Community Initiative.
Senator Walaska requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Walaska, seconded by Senator Oster, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.
Senators Enos, Kelly, Fogarty, Tavares, Goodwin and others present (98-S 2881) Senate Resolution extending condolences on the passing of Luigi E. Sorrentino.
Senator Enos requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Enos, seconded by Senators Fogarty, Tavares, Cicilline, Walton, Kelly, Coderre, Irons, Goodwin, Lenihan, Blais and many others, and by unanimous consent, read and passed, under suspension of the rules, upon a rising vote.
Senators Coderre, Enos, Cicilline and Paiva Weed present (98-S 2882) An Act relating to solemnization of marriages.
Read and referred to the Committee on Judiciary.
Without objection, the following act is introduced after the deadline.
Senators Patterson, Algiere, Bates, Gibbs, Blais and others present (by request of the Governor) (98-S 2883) An Act relating to taxation - property tax relief.
Read and referred to the Committee on Finance.
Senator Alves presents (98-S 2884) Joint Resolution making an appropriation of $10,000 for Rhode Island Smile Program.
Read and referred to the Committee on Finance.
CALENDAR
In order for the day is taken up as follows:
1. Appointment of George Farrell of Providence VICE Robert Hayes to the Fire Safety Code Board of Appeals for a term expiring July 1, 2002.
Committee on Judiciary recommends the Senate give its Advice and Consent to this appointment.
Senator Goodwin, seconded by Senators Polisena, Damiani, Paiva Weed, Coderre, Oster, Graziano, Ruggerio, Badeau, Algiere and many others, moves that confirmation of the Senate be given this appointment.
Senators Polisena and Graziano discuss the confirmation.
By unanimous consent, the confirmation of the Senate is given this appointment, upon a roll call vote with 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
Upon suggestion of Senator Goodwin, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber George Farrell of Providence.
CALENDAR
2. Appointment of Mason Butler Williams of Barrington (Representing structural engineers) VICE Robert S. Waldeck (Resigned) to the State Building Codes Standards Committee for a term expiring May 1, 2000.
Committee on Judiciary recommends the Senate give its Advice and Consent to this appointment.
Upon motion of Senator Paiva Weed, seconded by Senators Bates, Polisena, Graziano, Blais, McDonald, Coderre and many others, and by unanimous consent, the confirmation of the Senate is given this appointment, upon a roll call vote with 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
Upon suggestion of Senator Bates, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Mason Butler Williams of Barrington.
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, February 12, 1998 at the rise of the Joint Session in Room 212 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.
Also:
Senator Enos announces that the Senate will meet on Thursday, February 12, 1998 at 3:00 o'clock P.M. in order to attend the Joint Session at 4:00 o'clock P.M. for the Governor's Budget Address.
ADJOURNMENT
Upon motion of Senator Kelly, seconded by Senator Algiere, the Senate adjourns at 4:34 o'clock P.M.
RAYMOND T. HOYAS, JR.
Clerk of the Senate
Appendix
INVOCATION
SENATOR PAUL J. TAVARES
Lord of Truth, establish in us the knowledge of Your will. Make known to us any truths and insights which will enable us to serve You, and therefore, our constituents, wisely and well. Amen.
Appendix
CALENDAR
In order for Tuesday, February 24, 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 2038 as amended) An Act relating to health and safety.
Committee on Corporations recommends passage as amended.
4. (98-S 2162) An Act relating to unfair sales practices.
Committee on Corporations recommends passage.
5. (98-S 2164) An Act relating to Superior Court.
Committee on Judiciary recommends passage.
6. (98-S 2177 as amended) An Act relating to
weapons - investigators of the Office of Auto Theft and Insurance Fraud.
Committee on Judiciary recommends passage as amended.
7. (98-S 2178 as amended) An Act relating to criminal offenses-
assaults.
Committee on Judiciary recommends passage as amended.
8. (98-S 2196 as amended) An Act relating to criminal offenses-
assaults.
Committee on Judiciary recommends passage as amended.
9. (98-S 2226) (Substitute "A") An Act relating to appointments.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".
10. (98-S 2280) An Act relating to criminal procedure - arrest.
Committee on Judiciary recommends passage.
11. (98-S 2283) An Act relating to criminal procedure victim's rights.
Committee on Judiciary recommends passage.
12. (98-S 2324 as amended) An Act relating to racketeer violence.
Committee on Judiciary recommends passage as amended.
13. (98-S 2342 as amended) An Act relating to courts.
Committee on Judiciary recommends passage as amended.
14. (98-S 2260) An Act relating to corporations
- general provisions.
Committee on Corporations recommends passage.
15. (98-S 2273) An Act relating to businesses and professions.
Committee on Corporations recommends passage.
16. (98-S 2048) An Act relating to the Public Finance Management Board - comprehensive review.
Committee on Finance recommends passage.
17. (98-S 2091) An Act relating to taxation.
Committee on Finance recommends passage.
18. (98-S 2136) An Act relating to public corporations - financial estimates.
Committee on Finance recommends passage.
19. (98-S 2137) An Act relating to the state budget.
Committee on Finance recommends passage.
20. (98-S 2193 as amended) An Act relating to public officers and employees - retirement system - contributions and benefits.
Committee on Finance recommends passage as amended.
21. (98-S 2288) An Act relating to taxation -sales and use taxes - liability and computation.
Committee on Finance recommends passage.
RAYMOND T. HOYAS, JR.
Clerk of the Senate
Wednesday, February 11, 1998
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