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. 24 Thursday, March 5, 1998 Twenty-fourth Day
The Senate meets pursuant to adjournment and is called to order by the Honorable Charles J. Fogarty, President Pro Tempore, at 4:07 o'clock P.M.

The roll is called and a quorum is declared present with 47 Senators present and 3 Senators absent as follows;

PRESENT - 47.. Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Patterson, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

ABSENT - 3: Senators Irons, Montalbano, Palazzo.

INVOCATION

The Honorable President Pro Tempore, by unanimous consent, presents Senator Gibbs, to deliver the invocation.

(See Appendix for Invocation)


PLEDGE OF ALLEGIANCE TO THE FLAG

The Honorable President Pro Tempore, by unanimous consent, presents Senator Gibbs, to lead the Senate in the pledge of allegiance to the flag.

APPROVAL OF RECORD

The Senate Journal of Wednesday, March 4, 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 Cicilline, and by unanimous consent, the Honorable President Pro Tempore, welcomes to the Chamber participants in this year's Senate Fellowship Program, Jena Carter of North Kingstown, Christopher Friel of Warwick, Patricia Glynn of Providence, James Lamphere of Charlestown, Scott Lial of Bristol, Michael Maggiacomo of Cranston, and Marianne Weiss of Providence.

Upon suggestion of Senator Sosnowski, and by unanimous consent, the Honorable President Pro Tempore, welcomes to the Chamber Margie Bouchott and Dr. William Ohley of South Kingstown.

REPORTS OF COMMITTEES
COMMITTEE ON
HEALTH, EDUCATION AND WELFARE


Senator Izzo, from the Committee on Health, Education and Welfare, reports back, with recommendation of passage of the following measures:

(98-S 2250 as amended) An Act relating to education - charter schools.

Read and ordered to be placed on the Calendar.

(98-S 2476) An Act relating to education -health and safety of pupils.

Read and ordered to be placed on the Calendar.

(98-S 2533) (Substitute "A") An Act relating to the Department of Elderly Affairs.

Read and ordered to be placed on the Calendar.

(98-S 2728) An Act relating to health and safety - Division of Fire Safety.

Read and ordered to be placed on the Calendar.

(98-S 2837) An Act relating to handicapped children.

Read and ordered to be placed on the Calendar.

(98-S 2850) Joint Resolution creating a special legislative commission to study the feasibility of allowing unionized classified employees at all higher education institutions to be able to negotiate directly with the Rhode Island Board of Governors.

Read and ordered to be placed on the Calendar.

(98-H 7770) An Act relating to education aid.

Read and ordered to be placed on the Calendar.

COMMITTEE ON SPECIAL LEGISLATION


Senator Goodwin, from the Committee on Special Legislation, reports back, with recommendation of passage of the following measure:

(98-S 2264) (Substitute "A") An Act relating to fish and wildlife- licenses.

Read and ordered to be placed on the Calendar.

COMMITTEE ON JUDICIARY


Senator Paiva Weed, from the Committee on Judiciary, reports back, with recommendation that confirmation of the Senate be given to the following;

Appointment of Aaron J. Phaneuf of Kingston (Student Representative) VICE Daryl J. Finizio to the Board of Governors for Higher Education for a term expiring January 31, 2000.

Read and ordered to be placed on the Calendar.

TRANSFER OF BILLS


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 Finance:

(98-S 2325) An Act relating to education -length of school years.

Read and referred to the Committee on Finance.

(98-S 2384) An Act relating to education school committees and superintendents.

Read and referred to the Committee on Finance.

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 2967) Joint Resolution making an appropriation of $363.72 to pay the claim of Elliott S. Feit of 16 Broadview Drive, Barrington, Rhode Island 02806.

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

Senators Patterson and Lenihan present (98-S 2968) An Act authorizing the town of North Kingstown to finance the acquisition of development rights to farmland and other real estate and to issue not more than $4,000,000 bonds and notes therefor.

Read and referred to the Committee on Corporations.

Senator O'Leary presents (98-S 2969) Joint Resolution making an appropriation of $613.02 to pay the claim of Deborah I. Branco of 1417 Narragansett Boulevard, Cranston, Rhode Island 02905.

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

Senators Kelly, Badeau and Cote present (98-S 2970) An Act relating to the city of Woonsocket.

Read and referred to the Committee on Corporations.

Senators Kelly and Algiere present (98-S 2971) An Act reinstating and restoring forfeited or revoked corporate charters.

Read and ordered to be placed on the Consent Calendar.

Senator Donelan presents (98-S 2972) Joint Resolution making an appropriation of $644.45 to pay the claim of Clifford Ancona of 94 Chambly Avenue, Warwick, Rhode Island 02888.

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

Senators Kelly and Algiere present (98-S 2973) 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 2974) 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.
CALENDAR


In order for the day is taken up as follows:

1. (98-S2532 as amended) An Act relating to health and safety.

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

Senator Gibbs moves passage, seconded by Senators Polisena, Patterson, Walton, Coderre, Cicilline, McDonald and many others.

Senator Cicilline, seconded by Senators Nygaard, Gibbs and Parella, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(98-S 2532 as amended)

Mr. President:

I hereby move to amend (98-S 2532 as amended) entitled "AN ACT RELATING TO HEALTH AND SAFETY", as follows:

Page 3, line 9, delete the words, "Independent Living Council", and insert the words, "Governor's Council on Mental Health."

Respectfully submitted,

J. CLEMENT CICILLINE
Senator, District 50

The motion to amend prevails upon a roll call vote with 44 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS 44; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Perry, Polisena, Raptakis, Roberts, Roney, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -O.

Upon motion of Senator Gibbs, seconded by Senator Cicilline, 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:

YEAS - 45; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Patterson, Perry, Polisena, Raptakis, Roberts, Roney, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -O.

2. (98-S2336) An Act relating to courts and civil procedure- judicial selection.

Committee on Judiciary recommends passage.

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

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 Polisena announces that the Committee on Judiciary will meet today 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 4:22 o'clock P.M.

RAYMOND T. HOYAS, JR.
Clerk of the Senate


Appendix


INVOCATION

SENATOR JUNE N. GIBBS


We ask, your blessing upon our country engaged in the ever-changing, ever-challenging experiment of democracy.

That we may never grow weary of our task because of its difficulties, nor doubt the final triumph of our aims, grant us unconquerable faith, and unswerving belief in each other, and a confidence that truth will have its way.

Give us flexibility of mind, and a willingness to try new experiments.

Bind upon each of us a stern sense of our individual accountability to you, that we may always devise things which are just, and make our aim the good of all.

So shall we take our place among those who labor that government of the people, by the people, and for the people, shall not perish from the earth.

Amen.



Appendix


CONSENT CALENDAR


In order for Tuesday, March 10, 1998:

1. (98-S 2971) An Act reinstating and restoring forfeited or revoked corporate charters. Ordered on the Consent Calendar.

RAYMOND T. HOYAS, JR.

Clerk of the Senate

Thursday, March 5, 1998



Appendix
CALENDAR


In order for Tuesday, March 10, 1998:

1. (98-S 2094) An Act relating to businesses and professions- public accountancy.

Committee on Corporations recommends passage.

2. (98-S2147) An Act relating to businesses and professions- public accountants.

Committee on Corporations recommends passage.

3. (98-S2231) An Act relating to state purchases engineering services.

Committee on Corporations recommends passage.

4. (98-S2274 as amended) An Act relating to business and professions display of license registration by contractors.

Committee on Corporations recommends passage as amended.

5. (98-S2284) An Act relating to state purchase - architects- engineers - consulting and printing services.

Committee on Corporations recommends passage.

6. (98-S2435 as amended) An Act relating to state affairs and government.

Committee on Finance recommends passage as amended.

7. (98-S2587) An Act relating to services for the blind and visually impaired.

Committee on Finance recommends passage. cc

8. (98-S2228) (Substitute A as amended) An Act relating to criminal offenses - parole.

Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.

9. (98-S2240) (Substitute "A" as amended) An Act relating to criminal offenses - parole.

Committee on Judiciary recommends indefinite postponement of the original bill and passage of cc Substitute A as amended.

10. (98-S2321 as amended) An Act relating to motor vehicles driver education.

Committee on Judiciary recommends passage as amended.

11. (98-S2349) An Act relating to motor and other vehicles accident reports.

Committee on Judiciary recommends passage.

12. (98-S2600 as amended) An Act relating to criminal procedure.

Committee on Judiciary recommends passage as amended.

13. (98-S2120) An Act naming the airport connector the Mary Brennan Parkway.

Joint Committee on Naming State Constructions recommends passage.

14. (98-S 2843) An Act relating to the General Assembly - "The Korean War Veterans Memorial Highway". Joint Committee on Naming State Constructions recommends passage.

Appendix
CALENDAR


In order for Wednesday, March 11, 1998:

1. Appointment of Aaron J. Phaneuf of Kingston (Student Representative) VICE Daryl J. Finizio to the Board of Governors for Higher Education for a term expiring January 31, 2000.

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

2. (98-S2250 as amended) An Act relating to education - charter schools.

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

3. (98-S2476) An Act relating to education -health and safety of pupils.

Committee on Health, Education and Welfare recommends passage.

4. (98-S 2533) (Substitute cc An Act relating to the Department of Elderly Affairs.

Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute

5. (98-S2728) An Act relating to health and safety - Division of Fire Safety.

Committee on Health, Education and Welfare recommends passage.

6. (98-S2837) An Act relating to handicapped children.

Committee on Health, Education and Welfare recommends passage.

7. (98-S 2850) Joint Resolution creating a special legislative commission to study the feasibility of allowing unionized classified employees at all higher education institutions to be able to negotiate directly with the Rhode Island Board of Governors.

Committee on Health, Education and Welfare recommends passage.

8. (98-H7770) An Act relating to education aid.

Committee on Health, Education and Welfare recommends passage in concurrence.

9. (98-S2264) (Substitute "A") An Act relating to fish and wildlife - licenses.

Committee on Special Legislation recommends indefinite postponement of the original bill and passage of Substitute "A".

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Thursday, March 5, 1998




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