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. 30 |
Thursday, March 19, 1998 |
Thirtieth Day |
The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Bernard A. Jackvony, at 4:12 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 Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, 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 - I: Senator Damiani.
INVOCATION
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Cicilline, 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 Wednesday, March 18, 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 Jeffrey D. Resch.
Upon suggestion of Senator Roney, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Thomas Corrigan of the Department of Business Regulation.
REPORTS OF COMMITTEES
TRANSFER OF BILL
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 2838) An Act relating to public utilities
- 911 system.
Read and referred to the Committee on Finance.
COMMITTEE ON CORPORATIONS
Senator Irons, from the Committee on Corporations, reports back, with recommendation of passage of the following measures:
(98-S 2631 as amended) An Act relating to regional tourism district.
Read and ordered to be placed on the Calendar.
(98-S 2648) An Act relating to arbitration
Read and ordered to be placed on the Calendar.
(98-S 2662 as amended) An Act relating to the award of municipal contracts.
Read and ordered to be placed on the Calendar.
(98-S 2807) An Act relating to catholic cemeteries increase holdings.
Read and ordered to be placed on the Calendar.
(98-S 2899) An Act validating and ratifying an amendment to the Home Rule Charter of the city of Pawtucket.
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 2323 as amended) An Act relating to public assistance act.
Read and ordered to be placed on the Calendar.
(98-S 2448) An Act relating to domestic abuse prevention.
Read and ordered to be placed on the Calendar.
(98-S 2413) An Act relating to theft, embezzlement, false pretenses and misappropriations.
Read and ordered to be placed on the Calendar.
(98-S 2466) An Act relating to domestic violence.
Read and ordered to be placed on the Calendar.
(98-S 2473) An Act relating to delinquent and
dependent children proceedings in Family
Court.
Read and ordered to be placed on the Calendar.
(98-S 2543) An Act relating to judicial selection.
Read and ordered to be placed on the Calendar.
(98-S 2735 as amended) An Act relating to victim's rights.
Read and ordered to be placed on the Calendar.
(98-S 2744) An Act relating to courts and civil procedure-
judicial selection.
Read and ordered to be placed on the Calendar.
(98-S 2825) An Act relating to Family Court.
Read and ordered to be placed on the Calendar.
(98-S 2832 as amended) An Act relating to human services - Medicaid managed health care fraud.
Read and ordered to be placed on the Calendar.
Senator Paiva Weed, from the Committee on Judiciary, reports back, with recommendation that confirmation of the Senate be given to the following:
Appointment of Sarah P. Carter of Cambridge, Massachusetts, Representative of Industry VICE Jessie H. Smith (resigned) to the Labor and Training Board of Review for a term expiring February 1, 1999.
Read and ordered to be placed on the Calendar.
FROM THE
HOUSE OF REPRESENTATIVES
A message from the House of Representatives transmits with announcement of passage:
(98-H 7561) (Substitute "A") An Act relating to insurance.
Senator Irons requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Irons, seconded by Senator Kelly and the entire Senate, 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, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Patterson, Perry, Polisena, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walsh, Walton.
NAYS -O.
NEW BUSINESS
The following items are received and referred to committee pending any objection of the body on the next legislative day.
Senators Ruggerio and Celona present (98-S 3023) Joint Resolution making an appropriation of $1,260.13 to pay the claim of Amica Mutual Insurance Company P.O. Box 6008, Providence, Rhode Island 02940 as subrogee of Loring Coes, III and Dana S. Coes of 130 Legend Rock Road, South Kingstown, Rhode Island 02879.
Read and referred to the Joint Committee on Accounts and Claims.
Senators Ruggerio and Celona present (98-S 3024) Joint Resolution making an appropriation of $296.14 to pay the claim of Debra T. Morais of 1 Rutland House Road, North Scituate, Rhode Island 02857.
Read and referred to the Joint Committee on Accounts and Claims.
Senators Celona, Ruggerio and Breene present (98-S 3025) Joint Resolution making an appropriation of$750.00 to pay the claim of James H. Conti of 3 Boss Road, Foster, Rhode Island 02825.
Read and referred to the Joint Committee on Accounts and Claims.
Senators Kelly and Algiere present (98-S 3026) 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 Algiere, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.
Senators Kelly and Algiere present (98-S 3027) 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 Algiere, and by unanimous consent, read and passed, under suspension of the rules, upon a rising vote.
Senators Cicilline, Polisena, Celona, Sosnowski and Nygaard present (98-S 3028) Senate Resolution respectfully requesting the Commissioner of Education to develop a policy and procedure for school committees regarding disciplinary actions.
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 Enos, seconded by Senator Algiere, the following measure on today's Consent Calendar, by unanimous consent, is read and passed, in concurrence, upon a voice vote:
1. (98-H7701) An Act reinstating and restoring forfeited or revoked corporate charters.
CALENDAR
In order for the day is taken up as follows:
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.
Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, March 24, 1998
2. (98-S2285) An Act relating to insurance.
Committee on Corporations recommends passage.
Senator Breene moves passage, seconded by Senators Blais and Cote.
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 Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, Oster, Paiva Weed, Parella, Patterson, Perry, Polisena, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walsh, Walton.
NAYS -0.
3. (98-S2330) An Act relating to businesses and professions.
Committee on Corporations recommends passage.
Senator Blais moves passage, seconded by Senator Algiere.
The act is read and passed, by unanimous consent, upon a roll call vote with 41 Senators voting in the affirmative, 0 Senators voting in the negative and 2 Senators abstaining as follows:
YEAS 41: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Iz:':o, Kells, Kelly, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Patterson, Perry, Polisena, Revens, Roney, Sasso, Sosnowski, Tavares, Walsh, Walton.
NAYS -0.
ABSTAINED - 2: Senators Cote, Lenihan.
4. (98-S2462) An Act relating to insurance.
Committee on Corporations recommends passage.
Senator Polisena moves passage, seconded by Senators Bates, Nygaard and Graziano.
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, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Patterson, Perry, Polisena, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walsh, Walton.
NAYS -0.
5. (98-S2499) An Act relating to foreign insurance companies.
Committee on Corporations recommends passage.
Upon suggestion of Senator Blais, and without objection, ordered to be placed on the Calendar for Tuesday, March 24, 1998
6. (98-S2130 as amended) An Act relating to nurses.
Committee on Health, Education and Welfare recommends passage as amended.
Senator Graziano moves passage, seconded by Senators McCaffrey, Celona, Roberts, Walsh and others.
The act is read and passed, as amended, 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 Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, 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, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walsh, Walton.
NAYS -0.
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".
Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Thursday, March 26, 1998
8. (98-S2495 as amended) An Act relating to motor and other vehicles.
Committee on Health, Education and Welfare recommends passage as amended.
Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Thursday, March 26, 1998
9. (98-S2024 as amended) An Act relating to motor vehicle offenses - driving under the influence.
Committee on Judiciary recommends passage as amended.
Senator Polisena moves passage, seconded by Senators Kelly, Enos, Coderre, Lenihan, Goodwin, Gibbs, Blais, Algiere, Irons, Palazzo and many others.
Senators Kells, Celona, Blais, Graziano, Raptakis, Paiva Weed, Algiere and Kelly 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, Donelan, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walsh, Walton.
NAYS -0.
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".
Senator O'Leary moves passage, seconded by Senators Coderre, Walton, Paiva Weed, Polisena and Nygaard.
Senators Gibbs and O'Leary discuss the act.
The bill marked Substitute is read and passed, and the original bill indefinitely postponed, upon a roll call vote with 44 Senators voting in the affirmative and 1 Senator voting in the negative as follows:
YEAS - 44: Senators Algiere, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, 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, Revens, Roberts, Ruggerio, Sasso, Sosnowski, Tavares, Walsh, Walton.
NAYS - 1: Senator Alves.
11. (98-S2681) An Act relating to campaign audits.
Committee on Judiciary recommends passage.
Senator Patterson moves passage, seconded by Senators Paiva Weed, Parella, Blais and Gibbs.
Senators Irons, Paiva Weed, Patterson, Lenihan and Tavares discuss the act.
Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Wednesday, March 25, 1998
12. (98-S2782 as amended) An Act relating to town meetings.
Committee on Judiciary recommends passage as amended.
Upon suggestion of Senator Walsh, and without objection, ordered to be placed on the Calendar for Thursday, March 26, 1998
13. (98-S2855 as amended) An Act relating to the State Board of Elections.
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 26, 1998
14. (98-S2613) An Act relating to sales and use taxes - liability and computation -exemption.
Committee on Finance recommends passage.
Senator Perry moves passage, seconded by Senators Lenihan, Walton, Cicilline, Nygaard, Roney and others.
The act is read and passed, by unanimous consent, upon a roll call vote with 43 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 43: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Donelan, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walsh, Walton.
NAYS -0.
15. (98-S2370) An Act relating to vicious dogs.
Committee on Special Legislation recommends passage.
Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Thursday, March 26, 1998
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 Irons 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 313 of the State House.
Also:
Senator Izzo announces that the Committee on Health, Education and Welfare will meet on Monday, March 23, 1998 and on Wednesday, March 25, 1998, at 3:00 o'clock P.M. in Room 211 of the State House.
Also:
Senator Goodwin announces that the Committee on Special Legislation will meet on Friday, March 20, 1998, at 3:00 o'clock P.M. in the Senate Lounge of the State House.
ADJOURNMENT
Upon motion of Senator Kelly, seconded by Senator Algiere, and upon suggestion of Senator Parella, the Senate adjourns at 5:13 o'clock P.M., on a unanimous rising vote, as a further mark of respect to the memory of Salvatore Rossi of Bristol, a historian and watch dog of Bristol government, who will be greatly missed.
RAYMOND T. HOYAS, JR.
Clerk of the Senate
Appendix
INVOCATION
SENATOR J. CLEMENT CICILLINE
As we continue to mark and celebrate the feasts of two great religious personae, St. Joseph and St. Patrick, let us dedicate ourselves to embody the spirit of their efforts in finding solutions to problems, in finding common ground wherever we can, and in finding that our collective mission is to improve the quality of life for everyone, especially the most needy, the downtrodden, and the forgotten.
Now colleagues, I know you will join me in a very special prayer for a very special person, Patrick A. Lynch, the son of former Senator Thomas Lynch of Warwick. Patrick will be having a bone marrow transplant tomorrow, so it is appropriate to offer the prayer that this very courageous young man wrote himself.
"Inspiration of Understanding"
Dear God,
There are walls in life which we
sometimes do not understand.
We pray to You for an understanding
so that we may at least know why
we must climb over these walls
And if You cannot give us an explanation,
please give us inspiration from You, from
family, and from our friends to help us
get over whatever type of wall we
are facing - whether it be a
sickness or a test we
need Your help.
Amen.
Patrick A. Lynch
Appendix
CALENDAR
In order for Tuesday, March 24, 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-S2499) An Act relating to foreign insurance companies.
Committee on Corporations recommends passage.
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-S2743) An Act relating to amending enterprise zones.
Committee on Finance recommends passage.
5. (98-S2769) An Act relating to sales tax exemptions (administration of pharmaceutical).
Committee on Finance recommends passage.
6. (98-S2963) An Act relating to agriculture and forestry.
Committee on Finance recommends passage.
Appendix
CALENDAR
In order for Wednesday, March 24, 1998:
1. Appointment of Sarah P. Carter of Cambridge, Massachusetts, Representative of Industry VICE Jessie H. Smith (Resigned) to the Labor and Training Board of Review for a term expiring February 1, 1999.
Committee on Judiciary recommends the Senate give its Advice and Consent to this appointment.
2. (98-S2681) An Act relating to campaign audits.
Committee on Judiciary recommends passage.
3. (98-S2631 as amended) An Act relating to regional tourism district.
Committee on Corporations recommends passage as amended.
4. (98-S2648) An Act relating to arbitration.
Committee on Corporations recommends passage.
5. (98-S2662 as amended) An Act relating to the award of municipal contracts.
Committee on Corporations recommends passage as amended.
6. (98-S2807) An Act relating to catholic cemeteries - increase holdings.
Committee on Corporations recommends passage.
7. (98-S2899) An Act validating and ratifying an amendment to the Home Rule Charter of the city of Pawtucket.
Committee on Corporations recommends passage.
8. (98-S2323 as amended) An Act relating to public assistance act.
Committee on Judiciary recommends passage as amended.
9. (98-S2413) An Act relating to theft, embezzlement, false pretenses and misappropriations.
Committee on Judiciary recommends passage.
10. (98-S2448) An Act relating to domestic abuse prevention.
Committee on Judiciary recommends passage.
11. (98-S2466) An Act relating to domestic violence.
Committee on Judiciary recommends passage.
12. (98-S2473) An Act relating to delinquent and dependent children - proceedings in Family Court.
Committee on Judiciary recommends passage.
13. (98-S2543) An Act relating to judicial selection.
Committee on Judiciary recommends passage.
14. (98-S2735 as amended) An Act relating to victim's rights.
Committee on Judiciary recommends passage as amended.
15. (98-S2744) An Act relating to courts and civil procedure-
judicial selection.
Committee on Judiciary recommends passage.
16. (98-S2825) An Act relating to Family Court.
Committee on Judiciary recommends passage.
17. (98-S2832 as amended) An Act relating to human services-
Medicaid managed health care fraud.
Committee on Judiciary recommends passage as amended.
Appendix
CALENDAR
In order for Thursday, March 26, 1998:
1. (98-S 2412) (Substitute cc~~~) 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".
2. (98-S2495 as amended) An Act relating to motor and other vehicles.
Committee on Health, Education and Welfare recommends passage as amended.
3. (98-S2782 as amended) An Act relating to town meetings.
Committee on Judiciary recommends passage as amended.
4. (98-S2855 as amended) An Act relating to the State Board of Elections.
Committee on Judiciary recommends passage as amended.
5. (98-S2370) An Act relating to vicious dogs.
Committee on Special Legislation recommends passage.
RAYMOND T. HOYAS, JR.
Clerk of the Senate
Thursday, March 19, 1998
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