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. 26 Wednesday, March 11, 1998 Twenty-sixth 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 48 Senators present and 2 Senators absent as follows:

PRESENT - 48: 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, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

ABSENT - 2: Senators Algiere, Roberts.

INVOCATION

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

(See Appendix for Invocation)


PLEDGE OF ALLEGIANCE TO THE FLAG

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

APPROVAL OF RECORD

The Senate Journal of Tuesday, March 10, 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 Kells, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Karanni Freeman of Providence, student at Fox Point Elementary School.

Upon suggestion of Senator McBurney, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the Honorable Damian O'Connor of New Zealand, a member of Parliament.

Upon suggestion of Senator Roney, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Deborah J. Ripley of Providence.

Upon suggestion of Senator Izzo, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber his two great nieces, Lauren Couto and Jennifer Couto of West Greenwich.

Upon suggestion of Senator Perry, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Ruthie Corria, Executive Director and founder of the Rhode Island Educational Enrichment Program.

Upon suggestion of Senator Bates, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Marcia Goetz.

FROM THE

HOUSE OF REPRESENTATIVES


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

(98-H 7199) (Substitute "A") An Act relating to offenses pertaining to schools.

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

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

March 9, 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: Anne Kayarian of Warwick (Representing General Library Users) 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

March 9, 1998

To the Honorable, the Senate; I have the honor to inform you that in accordance with the provisions of Section 46-15.1-2 of the Rhode Island General Laws, I have made the following reappointment to the Water Resources Board: William Penn of Block Island (Public Member) for a term expiring March 1, 2001. To this appointment, I respectfully 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 2385) (Substitute "A") An Act relating to Pawtuxet River Authority.

Read and ordered to be placed on the Calendar.
COMMITTEE ON FINANCE


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

(98-S 2239) (Substitute "A" as amended) An Act relating to health and safety.

Read and ordered to be placed on the Calendar.

(98-S 2528) An Act relating to public finance - state funds.

Read and ordered to be placed on the Calendar.

(98-S 2742) An Act relating to the Rhode Island Resource Recovery Corporation.

Read and ordered to be placed on the Calendar.
COMMITTEE ON LABOR


Senator Badeau, from the Committee on Labor reports back, with recommendation of passage of' the following measures:

(98-S 2174) An Act relating to labor and labor relations - wages.

Read and ordered to be placed on the Calendar.

(98-S 2211) An Act relating to labor and labor relations - arbitration of school teacher disputes.

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.

Senators McDonald, Kelly, Sosnowski, Fogarty, Enos and others present (98-S 3000) Senate Resolution congratulating the University of Rhode Island Men's Basketball Team in their great season and wishing them the best of luck in the A-10 Tournament and the NCAA Playoffs.

Senator McDonald requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senators Paiva Weed and Tavares present (98-S 3001) Senate Resolution congratulating Meredith Vieira on receiving the Portuguese American Women's Association's "Woman of the Year Award".

Senator Paiva Weed requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator Paiva Weed, seconded by the entire Senate, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.

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

Senator Irons presents (98-S 3002) An Act relating to motor and other vehicles - automobile theft and insurance fraud.

Read and referred to the Committee on Corporations.

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

Senator McDonald presents (98-S 3003) An Act relating to public utilities and carriers - regulatory powers of administration.

Read and referred to the Committee on Corporations.

Senator Bates presents (98-S 3004) An Act relating to the collection of taxes generally.

Read and referred to the Committee on Corporations.

Senator Bates presents (98-S 3005) An Act relating to the collection of taxes generally.

Read and referred to the Committee on Corporations.

Senator Patterson presents (98-S 3006) An Act relating to taxation.

Read and referred to the Committee on Corporations.

Senators Kelly and Cote present (98-S 3007) An Act relating to taxation.

Read and referred to the Committee on Corporations.

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

Senators Cicilline, Paiva Weed, Izzo, Perry and others present (98-S 3008) An Act relating to graves and corpses.

Read and referred to the Committee on Judiciary.

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

Senator McDonald presents (98-S 3009) An Act relating to public utilities and carriers - regulatory powers of administration.

Read and referred to the Committee on Corporations.

CALENDAR


In order for the day is taken up as follows:

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.

Senator Paiva Weed, seconded by Senators Coderre, Connors, Goodwin, Polisena, Sosnowski, Nygaard, Flynn, Izzo, McDonald and many others, move that confirmation of the Senate be given this appointment.

Senator Polisena discusses the confirmation.

By unanimous consent, the confirmation of the Senate is given this appointment, 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, 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, Polisena, Raptakis, Revens, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

GUESTS


Upon suggestion of Senators Sosnowski and Coderre, His Honor, the Lieutenant Governor welcomes to the Chamber Aaron J. Phaneuf of Kingston and Eleanor Sheryka.

CALENDAR




2. (98-S2231) An Act relating to state purchases - engineering services.

Committee on Corporations recommends passage.

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

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

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

Senator Gibbs moves passage, seconded by Senators Nygaard, Parella, Izzo, Roney, Breene, Kells, Walaska, Cicilline and others.

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, 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, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

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

Committee on Health, Education and Welfare recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the desk.

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".

Senator Fogarty moves passage, seconded by Senators McDonald, Oster, Gibbs, Izzo, Graziano, Raptakis and many others.

Senators Patterson and Fogarty discuss the act. The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, 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, 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, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

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

Committee on Health, Education and Welfare recommends passage.

Senator Blais moves passage, seconded by Senators Breene, Kells, Damiani, Izzo and others.

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, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Patterson, Perry, Polisena, Raptakis, Revens, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

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

Committee on Health, Education and Welfare recommends passage.

Senator Lenihan moves passage, seconded by Senators Cicilline, Coderre, Enos and Polisena.

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, 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, Patterson, Perry, Polisena, Raptakis, Revens, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh.

NAYS -0.

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.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, March 17, 1998



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

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

Senator Izzo moves passage, seconded by Senators Coderre, Cicilline, Nygaard and others.

The act is read and passed, in concurrence, 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, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Paiva Weed, Palazzo, Perry, Polisena, Raptakis, Revens, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

10. (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".

Senator Enos moves passage, seconded by Senators Coderre, Goodwin, Paiva Weed, Cicilline, Sosnowski, Roney and others. The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, 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, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Patterson, Perry, Polisena, Raptakis, Revens, 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 on Thursday, March 12, 1998, at 3:00 o'clock P.M. in Room 212 of the State House.

Also:

Senator Polisena announces that the Committee on Judiciary will meet on Thursday, March 12, 1998,3:00 o'clock P.M. in Room 313 of the State House.

Also:

Senator Izzo 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 the Committee on Special Legislation will meet today 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 4:44 o'clock P.M.

RAYMOND T. HOYAS, JR.
Clerk of the Senate


Appendix



INVOCATION

SENATOR JOSEPH M. POLISENA


Eternal Father, open our hearts and minds for Your divine light upon our daily duties. May we proceed with the courage to make righteous decisions. Amen.



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.

Appendix



CALENDAR


In order for Tuesday, March 17, 1998:

1. (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.

2. (98-S2385) (Substitute "A") An Act relating to Pawtuxet River Authority.

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

3. (98-S2239) (Substitute "A" as amended) An Act relating to health and safety.

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

4. (98-S2528) An Act relating to public finance - state funds.

Committee on Finance recommends passage.

5. (98-S2742) An Act relating to the Rhode Island Resource Recovery Corporation.

Committee on Finance recommends passage.

6. (98-S2174) An Act relating to labor and labor relations- wages.

Committee on Labor recommends passage.

7. (98-S2211) An Act relating to labor and labor relations - arbitration of school teacher disputes.

Committee on Labor recommends passage.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Wednesday, March 11, 1998





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