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. 19
Tuesday, February 24, 1998
Nineteenth Day
The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Bernard A. Jackvony, at 4:18 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 Fogarty, to deliver the invocation.
(See Appendix for Invocation)
PLEDGE OF ALLEGIANCE TO THE FLAG
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Fogarty, to lead the Senate in the pledge of allegiance to the flag.
APPROVAL OF RECORD
The Senate Journal of Thursday, February 12, 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 Senators Coderre, Palazzo and Algiere, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber MG Reginald A. Centracchio of the Rhode Island National Guard, James F. Reed, III, representing Association of the United States Army Rhode Island Chapter and Captain S.G. Payne, USCGR (Ret.) representing the Retired Officers Association.
Upon suggestion of Senator Montalbano, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Robert Santino Palazzo, son of Senator Palazzo.
Upon suggestion of Senators Irons, Walton and Palazzo, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Joan Moore.
Upon suggestion of Senator Algiere, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber William J. Wholean, President of The Retired Officers Association.
Upon suggestion of Senator Cicilline, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Raymond LaBelle.
Upon suggestion of Senator Lenihan, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber members of the League of Women Voters, Jane Willoughby, Frances Lang, Joan Moore and Mary Chace.
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 42-16.1-6 of the Rhode Island General Laws, I have made the following appointment to the Labor and Training Board of Review:
Sarah P. Carter of Cambridge, Massachusetts
Representative of Industry
VICE
Jessie H. Smith
(Resigned)
for a term expiring February 1, 1999.
To this appointment, I request your advice and consent.
Sincerely,
LINCOLN ALMOND
Governor
Read and referred to the Committee on Judiciary.
REPORTS OF COMMITTEES
COMMITTEE ON CORPORATIONS
Senator Irons, from the Committee on Corporations, reports back, with recommendation of passage of the following measure:
(98-S 2218) An Act relating to towns and cities.
Read and ordered to be placed on the Calendar.
TRANSFER OF BILLS
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 Finance:
(98-S 2198) An Act authorizing the issuance of bonds and notes of the state for the purpose of financing the Narragansett Bay Water Quality Management District Commission's Combined Sewer Overflow Abatement Program.
Read and referred to the Committee on Finance.
(98-S 2785) An Act relating to the Registry of Motor Vehicles.
Read and referred to the Committee on Finance.
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 2297) An Act relating to insurance.
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 2266) An Act relating to education.
Read and referred to the Committee on Finance.
Senator Izzo, from the Committee on Health, Education and Welfare, in accordance with Senate Rule 6.14, moves to transfer the following bills from the Committee on Health, Education and Welfare to the Committee on Judiciary:
(98-S 2724) An Act relating to domestic relations divorce and separation.
Read and referred to the Committee on Judiciary.
(98-S 2319) An Act relating to disorderly conduct.
Read and referred to the Committee on Judiciary.
(98-S 2812) An Act relating to miscellaneous fines.
Read and referred to the Committee on Judiciary.
(98-S 2770) An Act relating to miscellaneous fines.
Read and referred to the Committee on Judiciary.
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 Labor:
(98-S 2591) An Act relating to arbitration of school teacher disputes.
Read and referred to the Committee on Labor.
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 Special Legislation:
(98-S 2596) An Act relating to gambling and lotteries.
Read and referred to the Committee on Special Legislation.
FROM THE
HOUSE OF REPRESENTATIVES
A message from the House of Representatives transmits with announcement of passage:
(98-H 8434) Joint Resolution reinstating the life of and extending the reporting and expiration dates of and amending the special legislative commission to study and review the effects of the Rhode Island Guardianship Law.
Read and referred to the Committee on Special Legislation.
NEW BUSINESS
The following items are received and referred to committee pending any objection of the body on the next legislative day.
Senator Fogarty presents (98-S 2897) An Act authorizing the town of Burrillville to finance the construction, equipping and furnishing of an addition to and remodeling, reconstructing and making extraordinary repairs to the High School and to issue not more than $12,500,000 bonds therefor.
Read and referred to the Committee on Corporations.
Senators McBurney, Montalbano and Coderre present (98-S 2898) Joint Resolution making an appropriation of $25,000 for the Pawtucket Public Library.
Read and referred to the Committee on Finance.
Senators McBurney and Coderre present (98-S 2899) An Act validating and ratifying an amendment to the home rule charter of the city of Pawtucket.
Read and referred to the Committee on Corporations.
Senators Celona, Montalbano and Graziano present (98-S 2900) An Act relating to taxation - town of North Providence.
Read and referred to the Committee on Corporations.
Senators Flynn, Polisena and Breene present (98-S 2901) An Act relating to the Greenville Water District.
Read and referred to the Committee on Corporations.
Senator Lenihan presents (98-S 2902) An Act in amendment of chapter 1039 of the public laws, 1902, entitled "An Act in amendment of and in addition to An Act entitled An Act in amendment of the charter of the Fire Engine Company in East Greenwich, passed at the January Session 1882" passed at the January 1902 Session.
Read and referred to the Committee on Corporations.
Senator Blais presents (98-S 2903) Joint Resolution making an appropriation of $20,000 for State House elevators improvement.
Read and referred to the Committee on Finance.
Senator Blais presents (98-S 2904) Joint Resolution making an appropriation of $500.00 to pay the claim of Michael D. Airhart of 585 Read School House Road, Coventry, Rhode Island 02816.
Read and referred to the Committee on Finance.
Senator Bates presents (98-S 2905) Joint Resolution making an appropriation of $2,256.56 to pay the claim of Liberty Mutual Insurance Group, P.O. Box 5104, 114 Turnpike Road, Westborough, Massachusetts 01581 as subrogee for David E. Malo of 20 Burlingame Road, Smithfield, Rhode Island 02917.
Read and referred to the Joint Committee on Accounts and Claims.
Senator Irons presents (by request) (98-S 2906) Joint Resolution making an appropriation of $209.80 to pay the claim of Deborah A. Lea of 500 South Main Street, Providence, Rhode Island 02903.
Read and referred to the Joint Committee on Accounts and Claims.
Senators Cicilline and Paiva Weed present (98-S 2907) Senate Resolution extending condolences on the passing of Captain J. Christian Myres.
Senator Cicilline requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Cicilline, seconded by Senator Paiva Weed, and by unanimous consent, read and passed, under suspension of the rules, upon a rising vote.
Senator Izzo present (98-S 2908) Senate Resolution extending condolences on the passing of Abilio W. "Bill" Pires.
Senator Izzo requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Izzo, seconded by Senator Blais, and by unanimous consent, read and passed, under suspension of the rules, upon a rising vote.
Without objection, the following Act is introduced after the deadline.
Senator Issa presents (98-S 2909) An Act relating to assaults.
Read and referred to the Committee on Judiciary.
Without objection, the following Act is introduced after the deadline.
Senator Issa presents (98-S 2910) An Act relating to jails and prisons.
Read and referred to the Committee on Judiciary.
Without objection, the following Act is introduced after the deadline.
Senator Issa presents (98-S 2911) An Act relating to jails and prisons.
Read and referred to the Committee on Judiciary.
Without objection, the following Act is introduced after the deadline.
Senator Issa presents (98-S 2912) An Act relating to jails and prisons.
Read and referred to the Committee on Judiciary.
Without objection, the following Act is introduced after the deadline.
Senator Lenihan presents (98-S 2913) An Act authorizing the establishment of a Municipal Court in East Greenwich.
Read and referred to the Committee on Judiciary.
Without objection, the following Act is introduced after the deadline.
Senators Nygaard and Parella present (98-S 2914) An Act creating the Commission on Indian Affairs.
Read and referred to the Committee on Special Legislation.
Without objection, the following Act is introduced after the deadline.
Senators Nygaard and Parella present (98-S 2915) An Act relating to education - educational financial support.
Read and referred to the Committee on Finance.
Without objection, the following Act is introduced after the deadline.
Senators Blais, Breene and Flynn present (98-S 2916) An Act relating to certification of child care and youth serving agency workers.
Read and referred to the Committee on Judiciary.
CALENDAR
In order for the day is taken up as follows:
1. (98-S 2036) An Act relating to aeronautics
- airports and landing fields.
Committee on Corporations recommends passage.
Upon suggestion of Senator Enos, and
Without objection, ordered to be placed on the Calendar for Wednesday, February 25, 1998
2. (98-S 2168 as amended) An Act relating to taxation.
Committee on Corporations recommends passage as amended.
Upon suggestion of Senator Enos, and
Without objection, ordered to be placed on the Calendar for Tuesday, March 3, 1998
4. (98-S 2162) An Act relating to unfair sales practices.
Committee on Corporations recommends passage.
Upon suggestion of Senator Enos, and
Without objection, ordered to be placed on the Calendar for Wednesday, February 25, 1998
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".
Upon suggestion of Senator Enos, and
Without objection, ordered to be placed on the Calendar for Wednesday, February 25, 1998
13. (98-S 2342 as amended) An Act relating to courts.
Committee on Judiciary recommends passage as amended.
Upon suggestion of Senator Enos, and
Without objection, ordered to be placed on the Calendar for Tuesday, March 3, 1998
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.
Upon suggestion of Senator Enos, and
Without objection, ordered to be placed on the Calendar for Wednesday, February 25, 1998
3. (98-S 2038 as amended) An Act relating to health and safety.
Committee on Corporations recommends passage as amended.
Senator Celona moves passage, seconded by Senators Coderre, Goodwin, Graziano, Sasso, Polisena, Irons, Enos, Walton, Montalbano, Palazzo and others.
The act is read and passed, as amended, upon a roll call vote with 43 Senators voting in the affirmative and 1 Senator voting in the negative as follows:
Senator Oster moves passage, seconded by Senators Coderre, McDonald, Enos, Paiva Weed and others.
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:
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.
Senator Oster moves passage, seconded by Senators Kells, McDonald, Coderre, Damiani, Nygaard and others.
The act is read and passed, as amended, by unanimous consent, upon a roll call vote with 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
7. (98-S 2178 as amended) An Act relating to criminal offenses-
assaults.
Committee on Judiciary recommends passage as amended.
Senator Oster moves passage, seconded by Senators Damiani, Kells, Coderre and others.
Senators Roney and Oster discuss the act.
The act is read and passed, as amended, by unanimous consent, upon a roll call vote with 44 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
8. (98-S 2196 as amended) An Act relating to criminal offenses assaults.
Committee on Judiciary recommends passage as amended.
Senator Graziano moves passage, seconded by Senators Perry, Polisena, Paiva Weed, McCaffrey, Nygaard, Celona and others.
Senators Perry, Cicilline, Izzo, Graziano, Polisena and Roney discuss the act.
The act is read and passed, as amended, upon a roll call vote with 34 Senators voting in the affirmative and 10 Senators voting in the negative as follows:
10. (98-S 2280) An Act relating to criminal procedure - arrest.
Committee on Judiciary recommends passage.
Senator Coderre moves passage, seconded by Senators Goodwin, Polisena, Nygaard and Izzo.
Senators Kells, Coderre and Damiani discuss the act.
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:
11. (98-S 2283) An Act relating to criminal procedure - victim's rights.
Committee on Judiciary recommends passage.
Senator Coderre moves passage, seconded by Senators Goodwin, Nygaard, Parella, Walsh, Damiani and others.
Senators Patterson and Coderre discuss the act.
The act is read and passed, by unanimous consent, upon a roll call vote with 44 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
12. (98-S 2324 as amended) An Act relating to racketeer violence.
Committee on Judiciary recommends passage as amended.
Senator Flynn moves passage, seconded by Senators Damiani, Parella, Patterson and others.
The act is read and passed, as amended, by unanimous consent, upon a roll call vote with 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
14. (98-S 2260) An Act relating to corporations
- general provisions.
Committee on Corporations recommends passage.
Senator Breene moves passage, seconded by Senators Irons and Bates.
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:
15. (98-S 2273) An Act relating to businesses and professions.
Committee on Corporations recommends passage.
Senator Breene moves passage, seconded by Senators Algiere, Irons and others.
The act is read and passed, by unanimous consent, upon a roll call vote with 44 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
16. (98-S 2048) An Act relating to the Public Finance Management Board - comprehensive review.
Committee on Finance recommends passage.
Senator Tavares moves passage, seconded by Senators Nygaard, Blais, Polisena, Enos, Lenihan, McDonald and others.
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:
Senator McBurney moves passage, seconded by Senators Gibbs, Roberts, Ruggerio, Coderre, Cicilline and others.
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:
18. (98-S 2136) An Act relating to public corporations - financial estimates.
Committee on Finance recommends passage.
Senator Lenihan moves passage, seconded by Senators Cicilline, Roney, Roberts, Parella, Patterson, McDonald and others.
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:
19. (98-S 2137) An Act relating to the state budget.
Committee on Finance recommends passage.
Senator Lenihan moves passage, seconded by Senators Ruggerio, Sosnowski, Roberts, Cote, McDonald and others.
The act is read and passed, by unanimous consent, upon a roll call vote with 44 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
21. (98-S 2288) An Act relating to taxation
sales and use taxes - liability and computation. Committee
on Finance recommends passage.
Senator Blais moves passage, seconded by Senators Enos, Coderre, Lenihan, Graziano, Gibbs, Parella, Irons, Tavares, Kells and many others.
Senator Blais, seconded by Senators Lenihan, Izzo, Gibbs and others, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(98-S 2288)
Mr. President:
I hereby move to amend (98-S 2288) entitled "AN ACT RELATING TO TAXATION SALES AND USE TAXES - LIABILITY AND COMPUTATION", as follows:
1. On page 7, line 16 following the word "shall", delete the words "be limited to the cost of the special adaptations and installation up to" and insert in place thereof the words "mean a use tax credit not to exceed"; and
2. On page 7, line 17 before the insert
exclusive of any adaptations. The use tax credit shall be equal to the cost of the special adaptations, including installation thereof'.
Respectfully submitted,
LEO R.BLAIS
Senator, District 21
The motion to amend prevails upon a roll call vote with 46 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
Upon motion of Senator Blais, seconded by Senator Ruggerio, Gibbs, Breene and Lenihan, read and passed as amended, by unanimous consent, upon a roll call vote with 46 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 Connors 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 Polisena 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 on Wednesday, February 25, 1998 at the rise of the Senate in Room 211 of the State House.
Also:
Senator Badeau announces that the Committee on Labor will meet on Wednesday, February 25 1998 at 2:30 o'clock P.M. in Room 212 of the State House.
Also:
Senator Connors announces that the Committee on Special Legislation will meet on Wednesday, February 25, 1998 at the rise of the Senate in the Senate Lounge of the State House.
ADJOURNMENT
Upon motion of Senator Enos, seconded by Senator Algiere, and upon suggestion of Senator Izzo, the Senate adjourns at 5:17 o'clock P.M., on a unanimous rising vote, as a further mark of respect to the memory of Abilio "Bill" Pires of Warwick, a wonderful husband, father, and for all too short a time, a doting grandfather, but most especially a wonderful friend to many.
RAYMOND T. HOYAS, JR.
Clerk of the Senate
Appendix
INVOCATION
SENATOR CHARLES J. FOGARTY
Dear Lord, as we begin another day of deliberations in the Senate Chamber, guard our thoughts, control our speech, and guide our actions. Inspire us with a sense of good will towards our fellow Rhode Islanders. Amen.
Appendix
CALENDAR
In order for Wednesday, February 25, 1998:
1. (98-S 2036) An Act relating to aeronautics
- airports and landing fields.
Committee on Corporations recommends passage.
2. (98-S 2162) An Act relating to unfair sales practices.
Committee on Corporations recommends passage.
3. (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".
4. (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.
5. (98-S 2255 as amended) An Act relating to insurance - health maintenance organizations.
Committee on Corporations recommends passage as amended.
6. (98-S 2256 as amended) An Act relating to real estate brokers and salespersons.
Committee on Corporations recommends passage as amended.
7. (98-S 2258 as amended) An Act relating to businesses and professions - automobile body repair shops.
Committee on Corporations recommends passage as amended.
8. (98-S 2259 as amended) An Act relating to insurance.
Committee on Corporations recommends passage as amended.
9. (98-S 2307 as amended) An Act relating to health and safety-
home care patient/client rights.
Committee on Health, Education and Welfare recommends passage as amended.
10. (98-S 2308) An Act relating to health and safety.
Committee on Health, Education and Welfare recommends passage.
11. (98-S 2400) An Act relating to health and safety.
Committee on Health, Education and Welfare recommends passage.
12. (98-S 2160) Joint Resolution creating a special legislative commission to study the various land trusts and open space projects in the state.
Committee on Special Legislation recommends passage.
13. (98-S 2184) Senate Resolution memorializing the President and Congress to grant full and immediate citizenship to Laotian and Hmong-Lao Soldiers who supported the United States during the Vietnam War.
Committee on Special Legislation recommends passage.
14. (98-S 2248) Senate Resolution creating a special Senate commission to determine the amount of lost Rhode Island revenue to Massachusetts and Connecticut.
Committee on Special Legislation recommends passage.
15. (98-S 2442) Senate Resolution extending the reporting date of the special Senate commission to study food allergies and matters relating thereto.
Committee on Special Legislation recommends passage.
Appendix
CALENDAR
In order for Thursday, February 26, 1998:
1. (98-S 2218) An Act relating to towns and cities.
Committee on Corporations recommends passage.
Appendix
CALENDAR
In order for Tuesday, March 3, 1998:
1. (98-S 2168 as amended) An Act relating to taxation.
Committee on Corporations recommends passage as amended.
2. (98-S 2342 as amended) An Act relating to courts.
Committee on Judiciary recommends passage as amended.
RAYMOND T. HOYAS, JR.
Clerk of the Senate
Tuesday, February 24, 1998
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