State of Rhode Island and Providence Plantations: SENATE JOURNALS

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. 22 Tuesday, March 3, 1998 Twenty-second 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:

PRESENT - 49: Senators Algiere, Alves, Badeau, Rates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh.

ABSENT - 1: Senator Walton.

INVOCATION
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Sosnowski, to deliver the invocation.

(See Appendix for Invocation)

PLEDGE OF ALLEGIANCE TO THE FLAG
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Sosnowski, to lead the Senate in the pledge of allegiance to the flag.

CORRECTION

The Senate Journal of Thursday, February 26, 1998 shall be corrected as recording Senator Patterson as present.

APPROVAL OF RECORD
The Senate Journal of Thursday, February 26, 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 corrected.

GUESTS

Upon suggestion of Senators Celona, Montalbano and Palazzo, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber members of the North Providence Jets Varsity Football Team, Rhode Island PreTeen Football Superbowl Champions, 1996 and 1997, Anthony Baldino, Nick Barone, Aaron Bazzle, Domenick Belluscio, Bill Brown, Roger Byars, Jeremiah Cain, Ed Capezza, Stephen Coelho, Richard DiIorio, Evan Gauvin, James Gilcrest, Matt Grossi, Andy Kapp, Ryan Lataille, Mike Leandro, Andrew Marnik, Andy Merola, Dan Mojica, Jason Pickett, Keith Pickett, C.J. Russell, Joe Souza, Phil Swenson, Peter Tuchetta, Manny Giusti, Head Coach; Glenn Williams, Assistant Coach; Keith Noel, Assistant Coach; Joseph Bahia, Assistant Coach; Bob Ledoux, Assistant Coach; and Eric Bazzle, Assistant Coach.

Upon suggestion of Senator Donelan, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Keith Angilly of New Haven, Connecticut, formerly of Warwick.

Upon suggestion of Senators Roney, O'Leary and Sosnowski, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the Honorable Eileen Naughton, State Representative from Warwick; Professor Robert Ballard, one of the country's most respected scientists; Margaret Leinan, Dean of Graduate School of Oceanography, University of Rhode Island; Claire Lewis, New England Board of Higher Education; Jerry Luby, EDC; Dan McGrath, Textron, Ms. Ahearn, Pro Jo Company; Patricia Sylvia and Regina Bell of Cox Communications; and Lynn Lyford, EDS.

Upon suggestion of Senator O'Leary, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Michael McBurney and Ellen McBurney, children of Senator McBurney, who are seeking to participate in the Jason Project.

Upon suggestion of Senator Polisena, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Michelle Perez of Westerly, a student at Rhode Island College, who is interning for the Senate this year.

APPOINTMENT BY THE GOVERNOR
His Honor, the Lieutenant Governor, presents the following communication from His Excellency, the Governor, transmitting the following appointments and requesting the advice and consent of the Senate thereto:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS EXECUTIVE CHAMBER, PROVIDENCE

Lincoln Almond
Governor

February 23, 1998

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 29-3.1.2.2 of the Rhode Island General Laws, I have made the following appointment to the Library Board of Rhode Island;

Donald Deignan, Ph.D of Providence
(Represents Blind and Physically Handicapped Persons)
VICE
Regina Connor

for a term expiring December 31, 2000.

To this appointment, I respectfully request your advice and consent.

Sincerely,

LINCOLN ALMOND
Governor

Read and referred to the Committee on Judiciary.

Also:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS EXECUTIVE CHAMBER, PROVIDENCE

Lincoln Almond
Governor

February 23, 1998

To the Honorable, the Senate;

I have the honor to inform you that in accordance with the provisions of Section 29-3.1-2.2 of the Rhode Island General Laws, I have made the following reappointment to the Library Board of Rhode Island:

Donna Dufault of North Kingstown
(Representing Large and Medium Sized Public Libraries)

for a term expiring December 31, 1999.

To this reappointment, I respectfully request your advice and consent.

Sincerely,

LINCOLN ALMOND
Governor

Read and referred to the Committee on Judiciary.

Also:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS EXECUTIVE CHAMBER, PROVIDENCE

Lincoln Almond
Governor

February 23, 1998

To the Honorable, the Senate;

I have the honor to inform you that in accordance with the provisions of Section 29-3.1-2.2 of the Rhode Island General Laws, I have made the following reappointment to the Library Board of Rhode Island:

Joan Ress Reeves of Providence
(General Library User)

for a term expiring December 31, 2000.

To this reappointment, I respectfully request your advice and consent.

Sincerely,

LINCOLN ALMOND
Governor

Read and referred to the Committee on Judiciary.

Also:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS EXECUTIVE CHAMBER, PROVIDENCE

Lincoln Almond
Governor

February 23, 1998

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 29-3.1-2.2 of the Rhode Island General Laws, I have made the following appointment to the Library Board of Rhode Island:

Donna D. Good of East Greenwich
(Representing School Libraries)
VICE
Naomi Caldwell-Wood
(Resigned)

for a term expiring December 31, 1998

To this appointment, I respectfully request your advice and consent.

Sincerely,

LINCOLN ALMOND
Governor

Read and referred to the Committee on Judiciary.

Also:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS EXECUTIVE CHAMBER, PROVIDENCE

Lincoln Almond
Governor

February 23, 1998

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 29.3.1-2.2 of the Rhode Island General Laws, I have made the following appointment to the Library Board of Rhode Island:

Jenny LaPerriere of Providence
(Representing Small Public Libraries)
VICE
Joan Prescott

for a term expiring December 31, 1999.

To this appointment, I respectfully request your advice and consent.

Sincerely,

LINCOLN ALMOND
Governor

Read and referred to the Committee on Judiciary.

REPORT OF COMMITTEE

COMMITTEE ON CORPORATIONS

Senator Irons from the Committee on Corporations, reports back, with recommendation of passage of the following measure:

(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 not issue more than $12,500,000 bonds therefor.

Senator Fogarty requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator Fogarty, seconded by Senators McDonald and Polisena, and by unanimous consent, read and passed, under suspension of the rules, upon a roll call vote with 42 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS 42: Senators Algiere, Badeau, Bates, Blais, Breene, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Graziano, Irons, Issa, Izzo, Kells, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Perry, Polisena, Raptakis, Revens, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh.

NAYS -0.

NEW BUSINESS The following items are received and referred to Committee pending any objection of the body on the next legislative day.

Senator Bates presents (98-S 2939) Joint Resolution making an appropriation of $519.00 to pay the claim of Haskel Werlin of 92 Rockview Street, Jamaica Plain, Boston, Massachusetts 02130.

Read and referred to the Joint Committee on Accounts and Claims.

Senator Bates and Badeau presents (98-S 2940) Joint Resolution making an appropriation of $576.58 to pay the claim of Michael D. Phillips of 227 Cottage Street, Woonsocket, Rhode Island 02895.

Read and referred to the Joint Committee on Accounts and Claims.

Senator Bates presents (98-S 2941) Joint Resolution making an appropriation of $1,014.11 to pay the claim of Amica Mutual Insurance Company, P.O. Box 6008, Providence, Rhode Island 02940 as subrogee of Howard J. Van Leuven of 88 Lawnacre Drive, Cranston, Rhode Island 02920.

Read and referred to the Joint Committee on Accounts and Claims.

Senators Bates and Connors present (98-S 2942) Joint Resolution making an appropriation of $651.80 to pay the claim of John H. Stump of 7 Stagecoach Road, Cumberland, Rhode Island, 02864.

Read and referred to the Joint Committee on Accounts and Claims.

Senators Bates and Connors present (98-S 2943) Joint Resolution making an appropriation of $1,100.00 to pay the claim of Donald J. Laneres, 75 Pequot Avenue, Cumberland, Rhode Island 02864.

Read and referred to the Joint Committee on Accounts and Claims.

Senator Celona presents (98-S 2944) Joint Resolution making an appropriation of $235.73 to pay the claim of Jonathan Berg, of 180 Naples Road, Brookline, Massachusetts 02146.

Read and referred to the Joint Committee on Accounts and Claims.

Senator Patterson presents (98-S 2945) Joint Resolution making an appropriation of $500 to pay the claim of William J. Kinnaman of 115 Eileen Drive, North Kingstown, Rhode Island 02852.

Read and referred to the Joint Committee on Accounts and Claims.

Senator Celona presents (98-S 2946) Joint Resolution making an appropriation of $488.73 to pay the claim of Lynne A. Matos of 11 B Carpenter Avenue, Attleboro, Massachusetts 02703.

Read and referred to the Joint Committee on Accounts and Claims.

Senators Celona, Blais and Breene present (98-S 2947) Joint Resolution making an appropriation of $623.78 to pay the claim of Robert Kershaw of 35 John Potter Road, West Greenwich, Rhode Island 02817.

Read and referred to the Joint Committee on Accounts and Claims.

Senator Celona presents (98-S 2948) Joint Resolution making an appropriation of $262.14 to pay the claim of Joan Cozza of 11 Bridle Lane, Glen Cove, New York 11542.

Read and referred to the Joint Committee on Accounts and Claims.

Senators Izzo and Perry present (98-S 2949) Joint Resolution making an appropriation of $100,000 for the Rhode Island Project AIDS.

Read and referred to the Committee on Finance.

Senator Damiani presents (98-S 2950) Joint Resolution making an appropriation of $2,545.97 to pay the claim of Peter Brown of 12 Sunset Avenue, East Providence, Rhode Island 02915.

Read and referred to the Joint Committee on Accounts and Claims.

Senator Damiani presents (98-S 2951) Joint Resolution making an appropriation of $202.82 to pay the claim of Alda M. Bonin of 36 Kingsford Avenue, Riverside, Rhode Island 02915.

Read and referred to the Joint Committee on Accounts and Claims.

Senator Walaska presents (98-S 2952) Joint Resolution making an appropriation of $2,478.00 to pay the claim of Thomas C. Grimes of 204 Nausauket Road, Warwick, Rhode Island 02886.

Read and referred to the Joint Committee on Accounts and Claims.

Senators Walaska, Celona and Alves present (98-S 2953) Joint Resolution making an appropriation of $2,478.00 to pay the claim of Thomas C. Grimes of 24 Brookdale Drive, West Warwick, Rhode Island 02893.

Read and referred to the Joint Committee on Accounts and Claims.

Senators Tavares, Irons, Bates, Damiani and Cicilline present (98-S 2954) Senate Resolution extending condolences on the passing of Joseph A. Maciel.

Senator Tavares requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion' of Senator Tavares, seconded by the entire Senate, and by unanimous consent, read and passed, under suspension of the rules, upon a rising vote.

CONSENT CALENDAR

In order for the day is taken up as follows:

Upon motion of Senator Kelly, seconded by Senator Algiere, the following measures on today's Consent Calendar, by unanimous consent, are read and passed upon a voice vote:

1. (98-S 2341) (Substitute "A" as amended) Senate Resolution creating a special Senate commission to prepare a comprehensive plan to reopen vacant mills throughout Rhode Island.

2. (98-S 2356) Senate Resolution respectfully requesting that the Board of Governors for Higher Education consider instituting the sport of football at the Community College of Rhode Island.

3. (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. CALENDAR

In order for the day is taken up as follows:

1. (98-S2259 as amended) An Act relating to insurance.

Committee on Corporations recommends passage as amended.

Upon suggestion of Senator Blais, seconded by Senator Irons, and without objection, ordered to be recommitted to the Committee on Corporations.

2. (98-S2168 as amended) An Act relating to taxation.

Committee on Corporations recommends passage as amended.

Senator Sosnowski moves passage, seconded by Senators Walsh, Nygaard, Irons, McDonald and others.

Senators Graziano and Irons 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:

YEAS - 43: Senators Algiere, Badeau, Bates, Blais, Breene, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh.

NAYS - 3: Senators Flynn, Oster, Revens.

3. (98-S2342 as amended) An Act relating to courts.

Committee on Judiciary recommends passage as amended.

Senator Lenihan moves passage, seconded by Senators Cicilline, Enos, Coderre, Damiani, Paiva Weed and others.

Senators Gibbs, Lenihan and Izzo discuss the act.

Senator Lenihan, seconded by Senators Enos, Damiani, Paiva Weed and others, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(98-S 2342 as amended)

Mr. President:

I hereby move to amend (98-S 2342 as amended) entitled "AN ACT RELATING TO COURTS", by deleting all language after the enactment clause and inserting in lieu thereof the following language:

8-16-10. Appointment of court masters subject to advice and consent of the senate. - Terms of office. - (a) Notwithstanding any other provision of law, the appointment of any person to serve as a master of any court of this state pursuant to section 8-2-11.1, section 8-2-39, section 8-8-8.1, section 8-10-3.1 or section 8-10-3.2 of the general laws shall be subject to the advice and consent of the senate. (b) Notwithstanding any other provision of law, any person appointed to serve as a master of any court of this state pursuant to section 8-2-11.1, section 8-2-39, section 8-8-8.1, section 8-10-3.1 or section 8-10-3.2 of the general laws shall serve at the pleasure of the appointing authority, but in no event shall any person so appointed serve as a master for more than ten (10) years; provided, however, that nothing herein prohibit the reappointment of any person as master, subject to the advice and consent of the senate. Respectfully submitted,

J. MICHAEL LENIHAN
Senator, District 22

The motion to amend prevails upon a roll call vote with 39 Senators voting in the affirmative and 6 Senators voting in the negative as follows:

YEAS - 39: Senators Algiere, Badeau, Bates, Blais, Breene, Celona, Cicilline, Coderre, Connors, Damiani, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Perry, Polisena, Raptakis, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh.

NAYS - 6: Senators Donelan, McBurney, McCaffrey, Montalbano, Patterson, Revens.

Upon suggestion of Senator Lenihan, and without objection, ordered to be placed on the Calendar for Wednesday, March 4, 1998

4. (98-S2089) An Act relating to insurance -temporary disability insurance.

Committee on Labor recommends passage.

Senator Ruggerio moves passage, seconded by Senators Badeau, Walsh, Coderre and many others.

Senators Irons and Ruggerio 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:

YEAS - 46: Senators Algiere, Badeau, Bates, Blais, Breene, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh.

NAYS -0.

CONGRATULATIONS

Senators Montalbano and Palazzo extend congratulations and best wishes to Catherine Graziano, daughter of Senator Catherine Graziano, the newest member of the city of Providence Municipal Court Bench.

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 Tavares 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 Izzo announces that the Committee on Health, Education and Welfare will meet on Wednesday, March 4, 1998, at 3:00 o'clock P.M. in Room 211 of the State House.

Also:

Senator Badeau announces that the Committee on Labor will meet on Wednesday, March 4, 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, March 4, 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 Roberts, the Senate adjourns at 4:59 o'clock P.M., on a unanimous rising vote, as a further mark of respect to the memory of Steven Tella of North Providence, a beautiful five year old boy, who was a shining star to all that knew him. He will be sadly missed.

RAYMOND T. HOYAS, JR.

Clerk of the Senate

Appendix

INVOCATION
SENATOR V. SUSAN SOSNOWSKI

Almighty God, grant to us Your servants patience, charity and wisdom for our tasks. Answer our prayers and those of our constituents. Make us instrumental in promoting Your Will. Amen.

Appendix

CALENDAR

In order for Wednesday, March 4, 1998:

1. Reappointment of Stephen P. Nugent, Esq., of Providence, as Public Defender for a term expiring February 1, 2001.

Committee on Judiciary recommends that the Senate give its Advice and Consent to this appointment.

2. (98-S2342 as amended) An Act relating to courts.

Committee on Judiciary recommends passage as amended.

3. (98-S2263) An Act relating to state affairs and government Children's Cabinet.

Committee on Health, Education and Welfare recommends passage.

4. (98-S2467 as amended) An Act relating to businesses and professions.

Committee on Health, Education and Welfare recommends passage as amended.

5. (98-S2468) An Act relating to food and drugs - uniform controlled substances act.

Committee on Health, Education and Welfare recommends passage.

6. (98-S2532 as amended) An Act relating to health and safety.

Committee on Health, Education and Welfare recommends passage as amended.

7. (98-S2768) An Act relating to health and safety - long term health care goals and values.

Committee on Health, Education and Welfare recommends passage.

8. (98-S2267) An Act relating to judicial selection.

Committee on Judiciary recommends passage.

9. (98-S2336) An Act relating to courts and civil procedure- judicial selection.

Committee on Judiciary recommends passage.

10. (98-S2405) An Act relating to the uniform commercial code.

Committee on Judiciary recommends passage.

11. (98-S2108) An Act relating to furbearing animals.

Committee on Special Legislation recommends passage.

12. (98-S2407) An Act relating to motor vehicles - special registration plate - Newport Police Chief retired.

Committee on Special Legislation recommends passage.

13. (98-S2638) An Act incorporating the Rhode Island Commission for National and Community Service.

Committee on Special Legislation recommends passage.

14. (98-S2750) An Act relating to state affairs - Rhode Island greenways.

Committee on Special Legislation recommends passage.

15. (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.

Committee on Special Legislation recommends passage.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Tuesday, March 3, 1998

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