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. 20
Wednesday, February 25, 1998
Twentieth Day
The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Bernard A. Jackvony, at 4:08 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 Irons, to deliver the invocation.
(See Appendix for Invocation)
PLEDGE OF ALLEGIANCE TO THE FLAG
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Irons, to lead the Senate in the pledge of allegiance to the flag.
APPROVAL OF RECORD
The Senate Journal of Tuesday, February 24, 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 Senator Patterson, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Nancy Martira of North Kingstown, who recently spent five months serving as a United States Senate Page, earning the position of Head Page.
Upon suggestion of Senator Celona, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Michael Russo.
FROM THE
HOUSE OF REPRESENTATIVES
A message from the House of Representatives transmits with announcement of passage:
(98-H 8588) Joint Resolution honoring Lasalle D. Laffall, Jr. M.D., F.A.C.S. and welcoming him to the state of Rhode Island.
Senator Walton requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Walton, seconded by Senators Enos, Coderre and the entire Senate, and by unanimous consent, read and passed, in concurrence, under suspension of the rules, upon a voice vote.
Also:
(98-H 8589) 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 an address by Dr. Lasalle D. Leffall, Jr., Professor of Surgery, Howard University School of Medicine.
Senator Walton requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Walton, seconded by Senators Cicilline, Montalbano, Kells, Goodwin and the entire Senate, 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 2729) An Act relating to the rights of motorists.
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 Special Legislation:
(98-S 2584) An Act relating to gambling - Las Vegas nights.
Read and referred to the Committee on Special Legislation.
COMMITTEE ON LABOR
Senator Badeau, from the Committee on Labor, reports back, with recommendation of passage of the following measure:
(98-S 2089) An Act relating to insurance -temporary disability insurance.
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.
Senator Celona presents (98-S 2917) Joint Resolution making an appropriation of $1,100 to pay the claim of James M. Franz of 7 Sandalwood Lane, Andover, Massachusetts 01810.
Read and referred to the Joint Committee on Accounts and Claims.
Senator Bates presents (98-S 2918) Joint Resolution making an appropriation of $1,000.00 to pay the claim of Pasquale DiGregorio of 50 Seminole Trail, Cranston, Rhode Island 02921.
Read and referred to the Joint Committee on Accounts and Claims.
Senator Irons presents (98-S 2919) Joint Resolution making an appropriation of $1,250.84 to pay the claim of Heather K. Medeiros of 390 King Road, Tiverton, Rhode Island 02878.
Read and referred to the Joint Committee on Accounts and Claims.
Senators Kelly and Algiere present (98-S 2920) An Act reinstating and restoring forfeited or revoked corporate charters.
Read and ordered to be placed on the Consent Calendar.
Senators Kelly, Walton, Cicilline, Parella, Fogarty and others present (98-S 2921) Joint Resolution honoring Lasalle D. Leffall, Jr., M.D., F.A.C.S. and welcoming him to the state of Rhode Island.
Senator Walton requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Walton, seconded by Senator Cicilline and the entire Senate, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.
Senators Kelly and Algiere present (98-S 2922) Senate Resolution extending congratulations.
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, under suspension of the rules, upon a voice vote.
Senators Kelly and Algiere present (98-S 2923) Senate Resolution extending condolences.
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, under suspension of the rules, upon a rising vote.
Senators Badeau, Cote and Kelly present (98-S 2924) Joint Resolution making an appropriation of $6,000,000 for Woonsocket Fireman's Association.
Read and referred to the Committee on Finance.
Without objection, the following Act is introduced after the deadline.
Senators Damiani, Tavares and Polisena present (98-S 2925) An Act relating to law enforcement officers' bill of rights.
Read and referred to the Committee on Judiciary.
Without objection, the following Act is introduced after the deadline.
Senators Polisena and Damiani present (98-S 2926) An Act relating to health and safety -Rhode Island Resource Recovery Corporation.
Read and referred to the Committee on Corporations.
Without objection, the following Act is introduced after the deadline.
Senator Polisena presents (98-S 2927) An Act relating to education-
school committees and superintendents.
Read and referred to the Committee on Corporations.
Without objection, the following Act is introduced after the deadline.
Senators Oster, Connors, Kelly and Fogarty present (98-S 2928) An Act pertaining to education.
Read and referred to the Committee on Health, Education and Welfare.
Without objection, the following Act is introduced after the deadline.
Senators Paiva Weed, Parella and Izzo present (by request) (98-S 2929) An Act relating to human services family independence act.
Read and referred to the Committee on Finance.
Without objection, the following Act is introduced after the deadline.
Senators Celona, Montalbano, Ruggerio, Graziano, McCaffrey and others present (98-S 2930) Senate Resolution respectfully requesting that the Director of the Department of Health and the Governor proceed immediately with meningitis inoculations for all children in the state.
Read and referred to the Committee on Special Legislation.
CALENDAR
In order for the day is taken up as follows:
1. (98-S2036) An Act relating to aeronautics
- airports and landing fields.
Committee on Corporations recommends passage.
Senator McCaffrey moves passage, seconded by Senators Celona, Graziano, Montalbano and Irons.
Senator Irons, seconded by Senators McCaffrey, Graziano and Montalbano, offers the following written motion to amend:
FLOOR AMENDMENT TO
(98-S 2036)
Mr. President:
I hereby move to amend (98-S 2036) entitled "AN ACT RELATING TO AERONAUTICS AIRPORTS AND LANDING FIELDS", as follows:
1. On page 1, line 3, delete the word "Sandproofing" and insert in lieu thereof the word "Soundproofing".
Respectfully submitted,
WILLIAM V. IRONS
Senator, District 39
The motion to amend prevails upon a roll call vote with 40 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
Upon motion of Senator McCaffrey, seconded by Senators Irons, Celona and others, 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:
2. (98-S2162) An Act relating to unfair sales practices.
Committee on Corporations recommends passage.
Senator Oster moves passage, seconded by Senators Perry, McDonald, Kells, Coderre, Parella, Roberts, Ruggerio 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:
3. (98-S2226) (Substitute "A") An Act relating to appointments.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".
Senator Kelly moves passage, seconded by Senators Enos, Coderre, Lenihan, Walsh, Badeau, Roberts, Izzo, Goodwin, Perry, Cicilline, Damiani, Polisena, Irons and many others.
Senators Palazzo, Montalbano and Patterson discuss the act.
The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, upon a roll call vote with 31 Senators voting in the affirmative and 15 Senators voting in the negative as follows:
4. (98-S2193 as amended) An Act relating to public officers and employees - retirement system - contributions and benefits.
Committee on Finance recommends passage as amended.
Senator Enos moves passage, seconded by Senators Coderre, Lenihan, McDonald, Roney, Roberts, Issa and others.
Senators Graziano, Enos and Kells discuss the act.
The act is read and passed, as amended, upon a roll call vote with 43 Senators voting in the affirmative and 3 Senators voting in the negative as follows:
5. (98-S2255 as amended) An Act relating to insurance - health maintenance organizations.
Committee on Corporations recommends passage as amended.
Senator Breene moves passage, seconded by Senators Blais, Bates, Nygaard and Connors.
The act is 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:
His Honor, the Lieutenant Governor, presents the following communications:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER
To the Honorable Senate:
Due to a possible conflict of interest, I will refrain from voting, deliberating or taking any action on the following bill:
(98-S 2256 as amended) An Act relating to real estate brokers and salespersons.
Sincerely,
MARC COTE
Senator, District 31
Subscribed and sworn to before me this 25th day of February, 1998
RAYMOND T. HOYAS, JR.
Notary Public
Ordered to be placed on file.
Also:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER
To the Honorable Senate:
Due to a possible conflict of interest, I will refrain from voting, deliberating or taking any action on the following bill:
(98-S 2256 as amended) An Act relating to real estate brokers and salespersons.
Sincerely,
J. MICHAEL LENIHAN
Senator, District 22
Subscribed and sworn to before me this 25th day of February, 1998
RAYMOND T. HOYAS, JR.
Notary Public
Ordered to be placed on file.
CALENDAR
6. (98-S2256 as amended) An Act relating to real estate brokers and salespersons.
Committee on Corporations recommends passage as amended.
Senator Bates moves passage, seconded by Senators Gibbs, Nygaard, Blais, Breene and Patterson.
The act is read and passed, as amended, by unanimous consent, upon a roll call vote with 44 Senators voting in the affirmative, 0 Senators voting in the negative and 2 Senators abstaining as follows:
7. (98-S2258 as amended) An Act relating to businesses and professions - automobile body repair shops.
Committee on Corporations recommends passage as amended.
Senator Blais moves passage, seconded by Senators Breene and Gibbs.
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-S2259 as amended) An Act relating to insurance.
Committee on Corporations recommends passage as amended.
Upon suggestion of Senator Blais, and without objection, ordered to be placed on the Calendar for Tuesday, March 3, 1998
9. (98-S2307 as amended) An Act relating to health and safety-
home care patient/client rights.
Committee on Health, Education and Welfare recommends passage as amended.
Senator Fogarty moves passage, seconded by Senators Kelly, Enos, Coderre, Sasso, Badeau, Parella, Damiani, Oster, Kells, Goodwin and many others.
Senator Cicilline discusses the act.
The act is 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:
10. (98-S2308) An Act relating to health and safety.
Committee on Health, Education and Welfare recommends passage.
Senator Fogarty moves passage, seconded by Senators Kelly, Enos, Coderre, Oster, McDonald, Celona, Roberts, Perry, Cicilline, Walton and many others.
Senators Graziano and Fogarty discuss the act.
The act is read and passed, by unanimous consent, upon a roll call vote with 43 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
11. (98-S2400) An Act relating to health and safety.
Committee on Health, Education and Welfare recommends passage.
Senator Fogarty moves passage, seconded by Senators Kelly, Enos, Coderre, Oster, McDonald, Gibbs, Paiva Weed and many 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:
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.
Senator Oster moves passage, seconded by Senators Goodwin, Paiva Weed, Coderre, Sosnowski and many 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:
NAYS -0.
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.
Senator Kells moves passage, seconded by Senators Polisena, Sosnowski, Nygaard and others.
Senators Blais and Kells discuss the act.
The act is read and passed, by unanimous consent, upon a voice vote.
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.
Senator Celona moves passage, seconded by Senators Goodwin, Nygaard, Ruggerio, Raptakis, Badeau, Walton, Cote and others.
Senators Irons and Celona discuss the act.
The act is read and passed, by unanimous consent, upon a voice vote.
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.
Senator McCaffrey moves passage, seconded by Senators Graziano, Izzo, Enos, Lenihan and others.
The act is read and passed, by unanimous consent, upon a voice vote.
NEW BUSINESS
Senators Kelly, Lenihan, Paiva Weed, Roberts, Enos and others present (98-S 2931) Senate Resolution wishing Murray M. Blitzer best wishes as he leaves the Senate for the Department of Human Services.
Senator Kelly requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Senator Kelly moves passage, seconded by the entire Senate.
Senators Kelly, Cicilline, Roberts, Kells, Paiva Weed, Blais, Algiere and Lenihan pay tribute to Murray Blitzer.
By unanimous consent, the Resolution is read and passed, under suspension of the rules, upon a roll call vote with 40 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
Upon suggestion of Senator Cicilline, and by unanimous consent, His Honor, the Lieutenant Governor welcomes to the Chamber Kevin Madigan, Senate Fiscal Analyst.
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 Cote announces that the Committee on Corporations will meet on Thursday, February 26, 1998 at the rise of the Senate in Room 212 of the State House.
Also:
Senator Perry 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 Committee on Special Legislation will meet today at the rise of the Senate in the Senate Lounge of the State House.
Also:
Senator Cicilline announces that the General Assembly will meet in Joint Session tomorrow at the rise of the Senate.
ADJOURNMENT
Upon motion of Senator Kelly, seconded by Senator Algiere, the Senate adjourns at 5:44 o'clock P.M.
RAYMOND T. HOYAS, JR. Clerk of the Senate
Appendix
INVOCATION
SENATOR WILLIAM V. IRONS
Almighty God, keep us steadfast in devotion to the welfare of all the people and the quest for enduring peace. Give us clarity to see Thy will and courage for doing it. Amen.
CONSENT CALENDAR
In order for Thursday, February 26, 1998:
1. (98-S 2920) An Act reinstating and restoring forfeited or revoked corporate charters.
Ordered on the Consent Calendar.
RAYMOND T. HOYAS, JR.
Clerk of the Senate
Wednesday, February 25, 1998
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 2259 as amended) An Act relating to insurance.
Committee on Corporations recommends passage as amended.
2. (98-S2168 as amended) An Act relating to taxation.
Committee on Corporations recommends passage as amended.
3. (98-S2342 as amended) An Act relating to courts.
Committee on Judiciary recommends passage as amended.
4. (98-S2089) An Act relating to insurance -temporary disability insurance.
Committee on Labor recommends passage.
RAYMOND T. HOYAS, JR. Clerk of the Senate
Wednesday, February 25, 1998
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