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. 25 Tuesday, March 10, 1998 Twenty-fifth 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 49 Senators present and 1 Senator absent as follows:

PRESENT - 49: Senators Alves, Badeau, Bates, 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, Walton.

ABSENT - 1: Senator Algiere.

INVOCATION

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

(See Appendix for Invocation)


PLEDGE OF ALLEGIANCE TO THE FLAG

His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Nygaard, to lead the Senate in the pledge of allegiance to the flag.

APPROVAL OF RECORD

The Senate Journal of Thursday, March 5, 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 Senator Gibbs, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Melanie Silvestro.

Upon suggestion of Senator Patterson, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Kathy Kushnir.

Upon suggestion of Senator Bates, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Dorrie Goodman of Barrington.

Upon suggestion of Senator Paiva Weed, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Donald Wineberg of Jamestown.

Upon suggestion of Senator Blais, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Dennis Hilliard, Executive Director of the Rhode Island State Crime Laboratory.

Upon suggestion of Senator Bates, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Fred Frederici and John Divver of the Independent Insurance Agents of Rhode Island.

CONGRATULATIONS


Senator Bates extends congratulations and best wishes to Senator Tavares on being named Legislator of the Year by the Independent Insurance Agents of Rhode Island.

FROM THE

HOUSE OF REPRESENTATIVES


A message from the House of Representatives transmits with announcement of passage:

(98-H 8728) Joint Resolution reinstating the life of and extending the reporting and expiration dates of the special legislative commission to study the feasibility of establishing a central cancer resource network.

Read and referred to the Committee on Special Legislation.

REPORT OF COMMITTEE


COMMITTEE ON FINANCE


Senator Lenihan, from the Committee on Finance, reports back, with recommendation of passage of the following measure:

(98-S 2199) An Act relating to nurses.

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 McDonald presents (98-S 2975) An Act relating to local taxes - town of Narragansett.

Read and referred to the Committee on Corporations.

Senators Cote, Badeau, Coderre, Perry, Nygaard and others present (98-S 2976) Senate Resolution regarding the Rhode Island Housing and Mortgage Finance Corporation.

Read and referred to the Committee on Finance.

Senators Celona, Graziano and Montalbano present (98-S 2977) Joint Resolution making an appropriation of $50,000 for the town of North Providence for the Allendale Dam Project.

Read and referred to the Committee on Finance.

Senators Celona, Graziano and Montalbano present (98-S 2978) Joint Resolution making an appropriation of $30,000 for the North Providence Senior Citizens Center.

Read and referred to the Committee on Finance.

Senators Celona, Graziano and Montalbano present (98-S 2979) Joint Resolution making an appropriation of $5,000 for the Lymansville Community Policing Program in North Providence.

Read and referred to the Committee on Finance.

Senators Celona, Graziano and Montalbano present (98-S 2980) Joint Resolution making an appropriation of $3,500 for North Providence Boys and Girls Club.

Read and referred to the Committee on Finance.

Senators Celona, Graziano and Montalbano present (98-S 2981) Joint Resolution making an appropriation of $5,000 for the Mayor Salvatore Mancini Union Free Library and Cultural Center.

Read and referred to the Committee on Finance.

Senators Celona, Graziano and Montalbano present (98-S 2982) Joint Resolution making an appropriation of $3,500 for North Providence Youth Basketball Association.

Read and referred to the Committee on Finance.

Senators Celona, Graziano and Montalbano present (98-S 2983) Joint Resolution making an appropriation of $55,000 for the town of North Providence.

Read and referred to the Committee on Finance.

Senators Celona, Graziano and Montalbano present (98-S 2984) Joint Resolution making an appropriation of $10,000 for Lymansville Neighborhood Association.

Read and referred to the Committee on Finance.

Senators Celona, Graziano and Montalbano present (98-S 2985) Joint Resolution making an appropriation of $5,000 for the West End Community Policing Program in North Providence.

Read and referred to the Committee on Finance.

Senators Celona, Graziano and Montalbano present (98-S 2986) Joint Resolution making an appropriation of $2,500 for North Providence West Little League.

Read and referred to the Committee on Finance.

Senators Celona, Graziano and Montalbano present (98-S 2987) Joint Resolution making an appropriation of $15,000 for the North Providence Jets Football Association.

Read and referred to the Committee on Finance.

Senators Celona, Graziano and Montalbano present (98-S 2988) Joint Resolution making an appropriation of $2,500 for the North Providence East Little League.

Read and referred to the Committee on Finance.

Senators Celona, Graziano and Montalbano present (98-S 2989) Joint Resolution making an appropriation of $84,950 for the Mayor Salvatore Mancini Union Free Library and Cultural Center.

Read and referred to the Committee on Finance.

Senators Celona, Graziano and Montalbano present (98-S 2990) Joint Resolution making an appropriation of $15,000 for the Rhode Island Association for Cardiac Children.

Read and referred to the Committee on Finance.

Senators Celona, Graziano and Montalbano present (98-S 2991) Joint Resolution making an appropriation of $2,000 for the North Providence Neighborhood Crime Watch Program.

Read and referred to the Committee on Finance.

Senators Celona, Graziano and Montalbano present (98-S 2992) Joint Resolution making an appropriation of $50,000 for Salvatore Mancini Center on Aging.

Read and referred to the Committee on Finance.

Senators Celona, Graziano and Montalbano present (98-S 2993) Joint Resolution making an appropriation of $40,000 for Tri Town Community Action Program.

Read and referred to the Committee on Finance.

Senators Celona, Graziano and Montalbano present (98-S 2994) Joint Resolution making an appropriation of $25,000 for the Society for Young Victims.

Read and referred to the Committee on Finance.

Senators Kelly, Enos, Coderre, Fogarty and Kells present (98-S 2995) Senate Resolution memorializing Congress to amend Title Ten, United States Code relating to the compensation of retired military.

Read and referred to the Committee on Special Legislation.

Senator Badeau presents (98-S 2996) 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.

Senator Parella presents (by request) (98-S 2997) An Act relating to education - curriculum.

Read and referred to the Committee on Health, Education and Welfare.

Without objection, the following Act is introduced after the deadline.

Senator Polisena presents (by request) (98-S 2998) An Act establishing the Slack's Reservoir preservation and recreation district.

Read and referred to the Committee on Corporations.

Without objection, the following Act is introduced after the deadline.

Senators Issa, Raptakis, Ruggerio, Walsh, Sosnowski and others present (98-S 2999) An Act relating to property exempt from attachment -homestead exemption.

Read and referred to the Committee on Finance.

CONSENT CALENDAR


In order for the day is taken up as follows:

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

1. (98-S2971) An Act reinstating and restoring forfeited or revoked corporate charters.

CALENDAR


In order for the day is taken up as follows:

1. (98-S2094) An Act relating to businesses and professions- public accountancy.

Committee on Corporations recommends passage.

Senator McCaffrey moves passage, seconded by Senators Celona, Blais, Cote and Walaska.

The act is read and passed, by unanimous consent, upon a roll call vote with 47 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 47: Senators Alves, Badeau, Bates, 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, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Revens, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -O.

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

Committee on Corporations recommends passage.

Senator Celona moves passage, seconded by Senators Walaska, Blais 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:

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

NAYS -O.

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

Committee on Corporations recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Wednesday, March 11, 1998



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.

Senator Ruggerio moves passage, seconded by Senators Walton, Polisena, Irons and many others.

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:

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

NAYS -O.

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

Committee on Corporations recommends passage.

Senator Coderre moves passage, seconded by Senators Enos, Lenihan, Goodwin, Ruggerio, Nygaard, Parella and others.

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

NAYS -O.

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

Committee on Finance recommends passage as amended.

Upon suggestion of Senator Perry, and without objection, ordered to be placed on the Calendar for Thursday, March 12, 1998



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

Committee on Finance recommends passage.

Senator Parella moves passage, seconded by Senators Lenihan, Flynn, Paiva Weed, Coderre, Roney, Kells, Ruggerio, Breene and others.

The act is read and passed, by unanimous consent, upon a roll call vote with 48 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 48: Senators Alves, Badeau, Bates, Blais, Breene, Caprio, 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, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares', Walaska, Walsh, Walton.

NAYS -O.

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.

Senator Fogarty moves passage, seconded by Senators Paiva Weed, Goodwin, Damiani, Walsh, Parella, Coderre, Connors, Oster, McDonald and others. The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, 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 Alves, Bates, Blais, Breene, Caprio, Celona, 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,' Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh.

NAYS -O.

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 Substitute "A" as amended.

Senator Fogarty moves passage, seconded by Senators Coderre, Oster, Paiva Weed, Badeau, Roberts, Ruggerio, McDonald and others.

Senators Patterson and Fogarty discuss the act. The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, 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 Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Coderre, Connors, 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, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh.

NAYS -O.

10. (98-S 2321 as amended) An Act relating to motor vehicles- driver education.

Committee on Judiciary recommends passage as amended.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Thursday, March 12, 1998



11. (98-S 2349) An Act relating to motor and other vehicles accident reports.

Committee on Judiciary recommends passage.

Senator Nygaard moves passage, seconded by Senators Enos, Parella, Roney, Polisena, Paiva Weed, Coderre 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:

YEAS 45: Senators Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Coderre, Connors, Damiani, Enos, Flynn, 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, Walton.

NAYS -0.

12. (98-S 2600 as amended) An Act relating to criminal procedure.

Committee on Judiciary recommends passage as amended.

Senator Blais moves passage, seconded by Senators Bates, Breene, Flynn and Roney.

Senators Lenihan and Blais discuss the act.

The act is read and passed, as amended, by unanimous consent, upon a roll call vote with 48 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 48: Senators Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, 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, Walton.

NAYS -0. 13. (98-S 2120) An Act naming the airport connector the Mary Brennan Parkway. Joint Committee on Naming State Constructions recommends passage.

Senator Oster moves passage, seconded by Senators Connors, Kells, Coderre, Parella, Irons, Patterson, Sasso, Flynn, Roberts, Ruggerio and many others.

Senator Irons discusses the act.

The act is read and passed, by unanimous consent, upon a roll call vote with 47 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 47: Senators Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, 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, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0. 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.

Senator Flynn moves passage, seconded by Senators Badeau, Kelly, Celona, Paiva Weed, Sasso, Irons, Enos, Parella, Gibbs, Blais, Polisena, Damiani, McBurney, Connors, Kells, Oster, Coderre, Walaska and many others.

Senators Patterson and Kelly discuss the act.

The act is read and passed, by unanimous consent, upon a roll call vote with 48 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 48: Senators Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, 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, Walton.

NAYS -0.

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. Also;

Senator Izzo announces that the Committee on Health, Education and Welfare will meet on Wednesday, March 11, 1998, at 3:00 o'clock P.M. in Room 211 of the State House.

Also:

Senator Ruggerio announces that the Committee on Labor will meet on Wednesday, March 11, 1998, at 2:30 o'clock P.M. in Room 212 of the State House.

Also:

Senator Goodwin announces that the Committee on Special Legislation will meet on Wednesday, March 11, 1998, at the rise of the Senate in the Senate Lounge of the State House.

ADJOURNMENT


Upon motion of Senator Kelly, seconded by Senator Blais, the Senate adjourns at 4:54 o'clock P.M.

RAYMOND T. HOYAS, JR.
Clerk of the Senate


Appendix


INVOCATION

SENATOR KAREN I. NYGAARD


We pause to seek Your wisdom and direction, Lord. In all our endeavors may we be mindful of Your presence. Amen.



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

Committee on Corporations recommends passage.

3. (98-S2250 as amended) An Act relating to education charter schools.

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

4. (98-S2476) An Act relating to education -health and safety of pupils.

Committee on Health, Education and Welfare recommends passage.

5. (98-S2533) (Substitute "A") 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 "A".

6. (98-S2728) An Act relating to health and safety - Division of Fire Safety.

Committee on Health, Education and Welfare recommends passage.

7. (98-S2837) An Act relating to handicapped children.

Committee on Health, Education and Welfare recommends passage.

8. (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.

9. (98-H7770) An Act relating to education aid.

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

10. (98-S 2264) (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".

Appendix


CALENDAR


In order for Thursday, March 12, 1998:

1. (98-S 2321 as amended) An Act relating to motor vehicles- driver education.

Committee on Judiciary recommends passage as amended.

2. (98-S2435 as amended) An Act relating to state affairs and government.

Committee on Finance recommends passage as amended.

3. (98-S2199) An Act relating to nurses.

Committee on Finance recommends passage.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Tuesday, March 10, 1998




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