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. 29 Wednesday, March 18, 1998 Twenty-ninth Day


The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Bernard A. Jackvony, at 4:26 o'clock P.M.

The roll is called and a quorum is declared present with 50 Senators present and 0 Senators absent as follows:

PRESENT 50: Senators Algiere, 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-0.

INVOCATION

His Honor, the Lieutenant Governor, by unanimous consent, presents Father Joseph Pescatelli, to deliver the invocation.

(See Appendix for Invocation)


PLEDGE OF ALLEGIANCE TO THE FLAG

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

APPROVAL OF RECORD

The Senate Journal of Tuesday, March 17, 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 Coderre, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Ted White-side, Executive Director, Rhode Island Committee to Prevent Child Abuse.

Upon suggestion of Senators O'Leary and Kelly, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Diane Golini, Joseph Maraia, Nick Capobianco, Joseph McDevitt, Gloria Resendes, Amila Pastore and Ed Charette.

Upon suggestion of Senator McBurney, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Captain Patrick McConaghey, (Retired), Pawtucket Police Department and his granddaughter Kimberly Pinheiro.

Upon suggestion of Senators Walaska, Kelly and Enos, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the Honorable Ed Lawrence, former State Senator from Warwick and his wife Marge Lawrence.

Upon suggestion of Senator Flynn, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the family of Senator Parella, her parents Sal and Bernice Parella, her Aunt Jenny Parella, her brother-in-law Andrew Battison and her nephew Gregory Battison.

Upon suggestion of Senator Ruggerio, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Donald Pugliese of Tuscon, Arizona, father of Senator Walsh.

Upon suggestion of Senator Tavares, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber family members of Senator McBurney, Meghan E. McBurney, Patrick J. McBurney and Ellen Ann McBurney.

Upon suggestion of Senator Montalbano, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber William Carnes.

Upon suggestion of Senator Celona, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Ronald Rathier.

Upon suggestion of Senator Connors, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Jeffrey D'Andrea.

Upon suggestion of Senator Goodwin, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Charlene Connors, mother of Senator Connors.

Upon suggestion of Senator Enos, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Meghan Lenihan, daughter of Senator Lenihan.

Upon suggestion of Senator Cicilline, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the Honorable Robert J. McKenna, former Mayor and State Senator from Newport and Edward Costa.

Upon suggestion of Senator Algiere, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Father Joseph Pescatelli.

Upon suggestion of Senators Perry and Kelly, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Vivian Stephanic.

Upon suggestion of Senator Oster, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the family of Senator McDonald, his wife Kristin McDonald, and children Patrick and Kelsey McDonald.

Upon suggestion of Senator Kells, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the Honorable William Zuccarelli, former State Senator.

REPORT


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

Workers' Compensation Court 1997 Annual Report.

Read and ordered to be placed on file.

REPORTS OF COMMITTEES


COMMITTEE ON FINANCE


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

(98-S 2743) An Act relating to amending enterprise zones.

Read and ordered to be placed on the Calendar.

(98-S 2769) An Act relating to sales tax exemptions (administration of pharmaceutical).

Read and ordered to be placed on the Calendar.

(98-S 2963) An Act relating to agriculture and forestry.

Read and ordered to be placed on the Calendar.

TRANSFER OF BILL


Senator Izzo, from the Committee on Health, Education and Welfare, in accordance with Senate Rule 6.14, moves to transfer the following bill from the Committee on Health, Education and Welfare to the Committee on Corporations:

(98-S 2639) An Act relating to food, drugs and cosmetics act.

Read and referred to the Committee on Corporations.

FROM THE

HOUSE OF REPRESENTATIVES


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

(98-H 7701) An Act reinstating and restoring forfeited or revoked corporate charters.

Read and ordered to be placed on the Consent Calendar.

Also:

(98-H 8020 as amended) An Act relating to the Kingston Fire District in the town of South Kingstown.

Read and referred to the Committee on Corporations.

Also:

(98-H 7806) An Act naming the airport connector the Mary Brennan Parkway.

Senator Oster requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator Oster, seconded by Senators Kelly, Connors, Coderre, Irons, Fogarty, Tavares, Roberts, Sasso and many others, and by unanimous consent, read and passed, in concurrence, under suspension of the rules, 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, Celona, Cicilline, Coderre, Connors, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walsh, Walton.

NAYS -0.

NEW BUSINESS


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

Senator Celona presents (98-S 3018) Joint Resolution making an appropriation of $1,312.94 to pay the claim of Claudette F. Correiro of 16 Belmont Street, Fall River, Massachusetts 02720.

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

Senator Celona presents (98-S 3019) Joint Resolution making an appropriation of $374.48 to pay the claim of Jose A. Tapia of 183 Belgrade Avenue, Roslindale, Massachusetts 02131.

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

Senators Celona and Flynn present (98-S 3020) Joint Resolution making an appropriation of $247.12 to pay the claim of Robert E. Sasso, Jr., of 37 Penbryn Avenue, Smithfield, Rhode Island 02917.

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

Senator Damiani presents (98-S 3021) Joint Resolution making an appropriation of $353.35 to pay the claim of Amica Mutual Insurance Company, P.O. Box 6008, Providence, Rhode Island 02940 as subrogee of Florence M. Paliy of 97 Howland Avenue, East Providence, Rhode Island 02914.

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

Senator Bates presents (98-S 3022) Joint Resolution making an appropriation of $225.34 to pay the claim of Rita Brennan of 30 Star Avenue, Riverside, Rhode Island 02915.

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

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.

ADJOURNMENT


Upon motion of Senator Kelly, seconded by Senator Algiere, the Senate adjourns at 4:42 o'clock P.M.

RAYMOND T. HOYAS, JR.
Clerk of the Senate


Appendix



INVOCATION

FATHER JOSEPH PESCATELLI

All of our ancestors or some perhaps in this room have come from another land.

We gather to celebrate the feast of two great Saints, models in faith and courage, and to celebrate the customs and traditions of our native lands.

Saint Joseph himself was a sojourner with his family in exile protecting them from danger. Let us pray through his intercession for ourselves, our parents and grandparents and for all those who are newly arrived in our country or state.

Through the intercession of Saint Joseph, we pray Lord God, for our parents and grandparents especially all those who have gone before us to return home to You. May they rest eternally in Your peace.

We pray for ourselves that we remain faithful to Your word and close to You in all that we do.

May we work together in harmony and in a spirit of cooperation as we work together for the common good.

Help us live in a spirit of hospitality and sincere charity especially toward those who are newly arrived to our state and our country from other lands.

May we work to build a world of peace and justice in Your name. Amen.





Appendix



COMMEMORATION OF
ST. PATRICK AND ST. JOSEPH

REVEREND CLYDE J. WALSH

St. Patrick is delighted to share this day with St. Joseph, for he is not one to be green with envy. As a matter of fact, there was not a jealous or revengeful bone in his body. Let me give you an example of his selflessness.

Patrick was kidnapped at the age of 16 by Irish pirates who had broken weakening defenses of the Roman borders. He was forced to live the rough austere routine of a slave shepherd in Ireland. Six years later, the 22 year old Patrick escaped to Italy or France. After he was ordained a priest around the year 417, Patrick had a dream in which the children of Ireland stretched out their hands to him calling, "Come back to Erin, and walk once more among us."

The first time he went to Ireland, Patrick was bound in chains. This time, he went freely out of love and missionary zeal.

So did Patrick persevere in the face of many obstacles without prejudice and with a faith built upon the glory of God.

So we must do like wise.


And so we pray,

May the strength of God pilot us,
May the wisdom of God instruct us,
May the hand of God protect us,
May the word of God direct us.

And, until we meet again,

May the road rise to meet you,
May the wind be always at your back,
May the sun shine warm upon your face
And the rains fall soft upon your fields,
May God hold you in the palm of his hand
This day and forever more. Amen.

Appendix



CONSENT CALENDAR




In order for Thursday, March 19, 1998:

1. (98-H 7701) An Act reinstating and restoring forfeited or revoked corporate charters. Ordered on the Consent Calendar.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Wednesday, March 18, 1998



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-S2370) 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.

2. (98-S2743) An Act relating to amending enterprise zones.

Committee on Finance recommends passage.

3. (98-S2769) An Act relating to sales tax exemptions (administration of pharmaceutical).

Committee on Finance recommends passage.

4. (98-S2963) An Act relating to agriculture and forestry.

Committee on Finance recommends passage.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Wednesday, March 18, 1998





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