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. 28 Tuesday, March 17, 1998 Twenty-eighth Day


The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Bernard A. Jackvony, at 4:19 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 Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, 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 - 2; Senators Donelan, McCaffrey.

INVOCATION

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

(See Appendix for Invocation)


PLEDGE OF ALLEGIANCE TO THE FLAG

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

APPROVAL OF RECORD

The Senate Journal of Thursday, March 12, 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.

REPORTS OF COMMITTEES


COMMITTEE ON FINANCE


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

(98-S 2613) An Act relating to sales and use taxes - liability and computation - exemption.

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 2370) An Act relating to vicious dogs.

Read and ordered to be placed on the Calendar.

TRANSFER OF BILLS


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 Corporations:

(98-S 2999) An Act relating to property exempt from attachment- homestead exemption.

Read and referred to the Committee on Corporations.

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 Accounts and Claims:

(98-S 2904) Joint Resolution making an appropriation of $500.00 to pay the claim of Michael D. Airhart of 585 Read School House Road, Coventry, Rhode Island 02816.

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

NEW BUSINESS


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

Senator Connors presents (98-S 3010) Senate Resolution congratulating Eddie Proulx on his retirement after 30 years of service at Otis Elevator.

Senator Connors requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senators Raptakis, Sasso, McBurney, Cicilline, Kelly and others present (98-S 3015) Senate Resolution celebrating March 25, 1998 as the 177th Anniversary of Greek Independence Day.

Senator Raptakis requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator Raptakis, seconded by Senators Cicilline, Polisena and Palazzo, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.

Senator Blais presents (98-S 3016) Senate Resolution congratulating Daniel J. Giroux on attaining the rank of Eagle Scout.

Senator Blais requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senator Perry presents (98-S 3017) Senate Resolution creating a special Senate commission to study the association between and amongst domestic violence, child abuse and animal abuse.

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

CONSENT CALENDAR




In order for the day is taken up as follows:

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

1. (98-S3011) An Act reinstating and restoring forfeited or revoked corporate charters.

CALENDAR


In order for the day is taken up as follows:

1. (98-S2435 as amended) An Act relating to state affairs and government.

Committee on Finance recommends passage as amended.

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

Senators Alves and Perry discuss the act.

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

NAYS -0.

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.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Thursday, March 19, 1998



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".

Senator Blais moves passage, seconded by Senators Algiere, Flynn, Bates and Sasso. The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, 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, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Patterson, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

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.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, March 24, 1998



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

Committee on Finance recommends passage.

Senator Issa moves passage, seconded by Senators Graziano, Alves, Ruggerio, Nygaard, Walsh and others.

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

NAYS -0.

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

Committee on Finance recommends passage.

Senator Badeau moves passage, seconded by Senators Lenihan and Ruggerio.

The act is read and passed, upon a roll call vote with 42 Senators voting in the affirmative and 3 Senators voting in the negative as follows:

YEAS - 42: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, McBurney, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Perry, Raptakis, Revens, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS - 3: Senators Flynn, Patterson, Polisena.

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

Committee on Labor recommends passage.

Senator Badeau moves passage, seconded by Senators Damiani, Ruggerio and Breene.

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

NAYS -0.

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

Committee on Labor recommends passage.

Senator Ruggerio moves passage, seconded by Senators Damiani, Connors, Cicilline, Celona, Badeau and others.

Senators Gibbs, Ruggerio and Patterson discuss the act.

The act is read and passed, upon a roll call vote with 43 Senators voting in the affirmative and 2 Senators voting in the negative as follows:

YEAS - 43: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McDonald, Montalbano, Nygaard, Oster, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walsh, Walton.

NAYS - 2: Senators Gibbs, Patterson.

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 Commit- tee on Judiciary will meet today at the rise of the Senate in Room 313 of the State House.

Also:

Senator Ruggerio announces that the Committee on Labor will meet on Wednesday, March 18, 1998, at 2:30 o'clock P.M. in Room 212 of the State House.

ADJOURNMENT


Upon motion of Senator Kelly, seconded by Senator Algiere, the Senate adjourns at 4:40 o'clock P.M.

RAYMOND T. O'HOYAS, JR.
Clerk of the Senate


Appendix



INVOCATION

SENATOR J. MICHAEL LENIHAN

Irish Blessing

May the roads rise to meet you, May the winds be always at your back, May the sun shine warm upon your face, The rains fall soft upon your fields, And until we meet again, May God hold you in the hollow of His hand.

Appendix



CALENDAR


In order for Thursday, March 19, 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-S2285) An Act relating to insurance.

Committee on Corporations recommends passage.

3. (98-S2330) An Act relating to businesses and professions.

Committee on Corporations recommends passage.

4. (98-S2462) An Act relating to insurance.

Committee on Corporations recommends passage.

5. (98-S2499) An Act relating to foreign insurance companies.

Committee on Corporations recommends passage.

6. (98-S2130 as amended) An Act relating to nurses.

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

7. (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".

8. (98-S2495 as amended) An Act relating to motor and other vehicles.

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

9. (98-S2024 as amended) An Act relating to motor vehicle offenses - driving under the influence.

Committee on Judiciary recommends passage as amended.

10. (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".

11. (98-S2681) An Act relating to campaign audits.

Committee on Judiciary recommends passage.

12. (98-S2782 as amended) An Act relating to town meetings.

Committee on Judiciary recommends passage as amended.

13. (98-S2855 as amended) An Act relating to the State Board of Elections.

Committee on Judiciary recommends passage as amended.

14. (98-S2613) An Act relating to sales and use taxes - liability and computation -exemption.

Committee on Finance recommends passage.

15. (98-22370) An Act relating to vicious dogs.

Committee on Special Legislation recommends passage.

Appendix



CALENDAR


In order for Tuesday, March 24, 1998:

1. (98-S 2239) (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.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Tuesday, March 17, 1998





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