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. 27 Thursday, March 12, 1998 Twenty-seventh Day

The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Bernard A. Jackvony, at 4:13 o'clock P.M.

The roll is called and a quorum is declared present with 45 Senators present and 5 Senators absent as follows:

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

ABSENT - 5: Senators Algiere, Fogarty, Goodwin, Izzo, Nygaard.

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

(See Appendix for Invocation)

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

APPROVAL OF RECORD
The Senate Journal of Wednesday, March 11, 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 Senators Alves and Blais, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Shannon Delfino, Elizabeth Delfino, Mary Ellen O'Connell, Katherine O'Connell and Meaghan O'Connell.

Upon suggestion of Senator Walsh, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the Honorable Marge Bumpus, former State Representative of Exeter and West Greenwich, and the Honorable Evelyn Smith of Charlestown, former member of the Charlestown Town Council.

Upon suggestion of Senator Perry, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Nadia Jenson, Elliot Gillerman, Colin Gillerman, Ian Gillerman and David Amen.

Upon suggestion of Senator Cicilline, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Dr. Kenneth Minkoff, Neil Corkery and Elizabeth Eauls.

COMMUNICATION

His Honor, the Lieutenant Governor, presents the following communication:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS SENATE CHAMBER
March 11, 1998

His Honor, Bernard A. Jackvony
Lieutenant Governor
115 State House
Providence, RI 02903

Dear Lt. Governor Jackvony:

I am writing to inform you that I will not be attending the Senate Session of Thursday, March 12, 1998

I request this letter be included in the Senate Journal of March 12, 1998

Sincerely,

CHARLES J. FOGARTY
Senate President Pro Tempore
Senator, District 27

Received and ordered to be placed on file.

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 11, 1998

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 23-27.3-100.1.4 of the Rhode Island General Laws, I have made the following appointment to the State Building Codes Standards Committee:

Armand J. Desvoyaux of Warwick
(Representing Municipality with population over 60,000)
VICE
James Marcello

for a term expiring May 1, 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 11, 1998

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 16-60-2 of the Rhode Island General Laws, I have made the following appointment to the Board of Regents for Elementary and Secondary Education:

Sue Priest Duff of East Greenwich
VICE
Honorable Mary Ross

for a term expiring January 31, 2001.

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

Sincerely,

LINCOLN ALMOND
Governor

Read and referred to the Committee on Judiciary.

EFFECTIVE WITHOUT
THE SIGNATURE OF THE GOVERNOR

His Honor, the Lieutenant Governor, presents an announcement of the receipt by the Secretary of State of the following measure which becomes effective without the signature of His Excellency, the Governor on March 12, 1998:

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

JAMES R. LANGEVIN
Secretary of State

Received and ordered to be placed on file.

REPORTS OF COMMITTEES

TRANSFER OF BILLS

Senator Irons, from the Committee on Corporations, in accordance with Senate Rule 6.14, moves to transfer the following bill from the Committee on Corporations to the Committee on Finance:

(98-S 2390) An Act relating to state affairs and government.

Read and referred to the Committee on Finance.

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 Joint Committee on Environment and Energy:

(98-S 2964) An Act relating to battery deposit and control.

Read and referred to the Joint Committee on Environment and Energy.

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 Health, Education and Welfare:

(98-S 2976) Senate Resolution regarding the Rhode Island Housing and Mortgage Finance Corporation.

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

Senator Paiva Weed, from the Committee on Judiciary, in accordance with Senate Rule 6.14, moves to transfer the following bills from the Committee on Judiciary to the Committee on Corporations:

(98-S 2801) An Act relating to financial institutions.

Read and referred to the Committee on Corporations.

(98-S 2913) An Act authorizing the establishment of a Municipal Court in East Greenwich.

Read and referred to the Committee on Corporations.

Senator Paiva Weed, from the Committee on Judiciary, in accordance with Senate Rule 6.14, moves to transfer the following bills from the Committee on Judiciary to the Committee on Health, Education and Welfare:

(98-S 2916) An Act relating to certification of child care and youth serving agency workers.

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

(98-S 2265) An Act relating to motor vehicles school bus drivers.

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

Senator Paiva Weed, from the Committee on Judiciary, in accordance with Senate Rule 6.14, moves to transfer the following bills from the Committee on Judiciary to the Committee on Labor:

(98-S 2415) An Act relating to labor and labor relations - fair employment practice.

Read and referred to the Committee on Labor.

(98-S 2684) An Act relating to labor and labor relations fair employment practices.

Read and referred to the Committee on Labor.

FROM THE
HOUSE OF REPRESENTATIVES

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

(98-H 7809) An Act relating to deceptive trade practices appliances.

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 measures:

(98-S 2285) An Act relating to insurance.

Read and ordered to be placed on the Calendar.

(98-S 2330) An Act relating to businesses and professions.

Read and ordered to be placed on the Calendar.

(98-S 2462) An Act relating to insurance.

Read and ordered to be placed on the Calendar.

(98-S 2499) An Act relating to foreign insurance companies.

Read and ordered to be placed on the Calendar.

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 2130 as amended) An Act relating to nurses.

Read and ordered to be placed on the Calendar.

(98-S 2412) (Substitute "A") An Act relating to health and safety - restrictions on tobacco product advertising and promotion.

Read and ordered to be placed on the Calendar.

(98-S 2495 as amended) An Act relating to motor and other vehicles.

Read and ordered to be placed on the Calendar.

COMMITTEE ON JUDICIARY

Senator Paiva Weed, from the Committee on Judiciary, reports back, with recommendation of passage of the following measures:

(98-S 2024 as amended) An Act relating to motor vehicle offenses- driving under the influence.

Read and ordered to be placed on the Calendar.

(98-S 2037) (Substitute "A") An Act relating to code of ethics.

Read and ordered to be placed on the Calendar.

(98-S 2681) An Act relating to campaign audits. Read and ordered to be placed on the Calendar.

(98-S 2782 as amended) An Act relating to town meetings.

Read and ordered to be placed on the Calendar.

(98-S 2855 as amended) An Act relating to the State Board of Elections.

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 Kelly and Blais present (98-S 3011) An Act reinstating and restoring forfeited or revoked corporate charters.

Read and ordered to be placed on the Consent Calendar.

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

Senators Patterson and Lenihan present (98-S 3012) An Act relating to real estate conveyance tax.

Read and referred to the Committee on Finance.

Senators Kelly and Blais present (98-S 3013) 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 Blais, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.

Senators Kelly and Blais present (98-S 3014) 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 Blais, 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-S2321 as amended) An Act relating to motor vehicles- driver education.

Committee on Judiciary recommends passage as amended.

Senator Connors moves passage, seconded by Senators Coderre, Lenihan, Enos, Paiva Weed, Damiani, Perry, Roberts and many others.

Senators Gibbs, Connors and Graziano discuss the act.

The act is read and passed, as amended, by unanimous consent, upon a roll call vote with 42 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 42: Senators Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Flynn, Gibbs, Graziano, Irons, Issa, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

2. (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 Tuesday, March 17, 1998

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

Committee on Finance recommends passage.

Senator Graziano moves passage, seconded by Senators Polisena, Celona, Palazzo, Enos, McCaffrey, Caprio, Ruggerio, Montalbano and others.

The act is read and passed, by unanimous consent, upon a roll call vote with 42 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 42: Senators Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Flynn, Gibbs, Graziano, Irons, Issa, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Revens, 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 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 Enos, seconded by Senator Blais, the Senate adjourns at 4:34 o'clock P.M.

RAYMOND T. HOYAS, JR.
Clerk of the Senate

Appendix

INVOCATION
SENATOR JOHN A. CELONA

Dear Lord, keep our vision clear and our purpose pure as we take part in trying to help all the people of our state live in decency, dignity, and honor. Amen.

Appendix

CONSENT CALENDAR

In order for Tuesday, March 17, 1998:

1. (98-S 3011) 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 12, 1998

Appendix

CALENDAR

In order for Tuesday, March 17, 1998:

1. (98-S 2435 as amended) An Act relating to state affairs and government.

Committee on Finance recommends passage as amended.

2. (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.

3. (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".

4. (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.

5. (98-S2528) An Act relating to public finance - state funds.

Committee on Finance recommends passage.

6. (98-S2742) An Act relating to the Rhode Island Resource Recovery Corporation.

Committee on Finance recommends passage.

7. (98-S2174) An Act relating to labor and labor relations- wages.

Committee on Labor recommends passage.

8. (98-S2211) An Act relating to labor and labor relations arbitration of school teacher disputes.

Committee on Labor recommends passage.

Appendix

CALENDAR

In order for Thursday, March 19, 1998:

1. (98-S 2285) An Act relating to insurance.

Committee on Corporations recommends passage.

2. (98-S2330) An Act relating to businesses and professions.

Committee on Corporations recommends passage.

3. (98-S2462) An Act relating to insurance,

Committee on Corporations recommends passage.

4. (98-S2499) An Act relating to foreign insurance companies.

Committee on Corporations recommends passage.

5. (98-S2130 as amended) An Act relating to nurses.

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

6. (98-S2412) (Substitute "A") An Act relating to health and safety - restrictions on tobacco product advertising and promotion.

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

7. (98-S2495 as amended) An Act relating to motor and other vehicles.

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

8. (98-S2024 as amended) An Act relating to motor vehicle offenses - driving under the influence.

Committee on Judiciary recommends passage as amended.

9. (98-S2037) (Substitute "A") An Act relating to code of ethics.

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

10. (98-S2681) An Act relating to campaign audits.

Committee on Judiciary recommends passage.

11. (98-S2782 as amended) An Act relating to town meetings.

Committee on Judiciary recommends passage as amended.

12. (98-S 2855 as amended) An Act relating to the State Board of Elections.

Committee on Judiciary recommends passage as amended.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Thursday, March 12, 1998

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