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. 31 Tuesday, March 24, 1998 Thirty-first Day

The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Bernard A. Jackvony, at 4:20 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 Senator McCaffrey, to deliver the invocation.

(See Appendix for Invocation)

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

APPROVAL OF RECORD
The Senate Journal of Thursday, March 19, 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 Montalbano, Coderre, Issa and McBurney, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the Honorable John Sabatini, former State Senator from Pawtucket.

Upon suggestion of Senators Coderre, McBurney and Issa, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Roland Mousally, Executive Director, Pawtucket Housing Authority.

Upon suggestion of Senator Graziano, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Maria C. Bouboulis of Sag Harbor, New York, a sophomore attending Salve Regina University.

Upon suggestion of Senators Sasso and Blais, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Miriam R. Plitt, Marketing Director, Coventry Credit Union.

APPROVED BY THE GOVERNOR

His Honor, the Lieutenant Governor, presents an announcement of the receipt by the Secretary of State of the following measure, signed and approved March 19, 1998, by His Excellency, the Governor:

(98-S 2281) (Substitute "A" as amended) An Act relating to insurance.

JAMES R. LANGEVIN
Secretary of State

Received and ordered to be placed on file.

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 Judiciary:

(98-S 2796) An Act relating to health and safety.

Read and referred to the Committee on Judiciary.

COMMITTEE ON CORPORATIONS

Senator Irons, from the Committee on Corporations, reports back, with recommendation of passage of the following measure:

(98-S 2865) (Substitute "A" as amended) An Act relating to businesses and professions.

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 2570) An Act relating to business and professions Board of Medical Licensure and Discipline.

Read and ordered to be placed on the Calendar.

(98-S 2835) An Act relating to businesses and professions.

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.

Senator Fogarty presents (98-S 3029) An Act relating to the Harrisville Fire District.

Read and referred to the Committee on Finance.

Senators Breene and Blais present (98-S 3030) An Act to amend sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 of An Act passed at the January Session A.D. 1942 entitled "An Act to incorporate the Western Coventry Fire District".

Read and referred to the Committee on Corporations.

Senators Alves and Raptakis present (98-S 3031) An Act validating and ratifying amendments to the West Warwick home rule charter.

Read and referred to the Committee on Corporations.

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.

Senator Goodwin moves passage, seconded by Senator Coderre and others.

Senators Walaska and Goodwin discuss the act.

Senator Goodwin, seconded by Senators Coderre, Damiani, Ruggerio, Celona and others, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(98-S 2850)

Mr President:

I hereby move to amend (98-S 2850) entitled "JOINT RESOLUTION CREATING A SPECIAL 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," as follows:

1. On page 1, line 2, delete "four (4)" and insert in lieu thereof "three (3)".

2. On page 1, line 8, delete the word "and" and insert in lieu thereof a semi-colon

3. On page 1, line 10, insert the following language after the word "leader": and one of whom shall be a member of the general public to be appointed by the governor".

Respectfully submitted,

MARYELLEN GOODWIN
Senator, District 1

The motion to amend prevails upon a voice vote.

Upon motion of Senator Goodwin, seconded by Senators Ruggerio, Badeau, Coderre, Connors and others, read and passed as amended, by unanimous consent, upon a voice vote.

2. (98-S2499) An Act relating to foreign insurance companies.

Committee on Corporations recommends passage.

Senator Blais moves passage, seconded by Senators Breene and Bates.

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, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Patterson, Perry, Polisena, Raptakis, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

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.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Thursday, March 26, 1998

4. (98-S2743) An Act relating to amending enterprise zones.

Committee on Finance recommends passage.

Senator Enos moves passage, seconded by Senators Kells, Coderre, Patterson, Algiere, Roney and others.

Senator Enos, seconded by Senator Blais, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(98-S 2743)

Mr. President:

I hereby move to amend (98-S 2743) entitled "AN ACT AMENDING ENTERPRISE ZONES", as follows:

On page 2, line 20, add the following words after the word "passage": "and become effective with the 1999 certification year".

Respectfully submitted,

WILLIAM V. ENOS
Senator, District 47

The motion to amend prevails 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, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

Upon motion of Senator Enos, seconded by Senators Gibbs, Coderre and Damiani, 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, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

COMMUNICATION

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

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS SENATE CHAMBER

STATEMENT OF POTENTIAL CONFLICT

To the Honorable Senate:

I, Leo R. Blais, under oath depose and say:

1. I am a duly elected member of the Rhode Island Senate.

2. This statement is made in accord with Rhode Island General Law section 36-14-6.

3. In my official capacity, I may be expected or required to vote or participate in the deliberations of bill (98-S 2769), now pending before the Senate or a committee thereof

4. I request that I be excused from voting, deliberating or taking action on the matter.

5. I do not desire to vote or deliberate because I have a potential conflict of interest as follows:

I am a registered pharmacist and owner of the Pawtuxet Valley Prescription and Surgical Center, Inc.

6. This statement is true to the best of my knowledge.

LEO R.BLAIS
Senator, District 21

Subscribed and sworn to before me this 24th day of March, 1998

JEFFREY A. LANPHEAR
Notary Public

Ordered to be placed on file.

CALENDAR

5. (98-S2769) An Act relating to sales tax exemptions (administration of pharmaceutical).

Committee on Finance recommends passage.

Senator Flynn moves passage, seconded by Senators Kells, Paiva Weed, Patterson, Caprio, Walsh, Cicilline and others.

The act is read and passed, by unanimous consent, upon a roll call vote with 46 Senators voting in the affirmative, 0 Senators voting in the negative and 1 Senator abstaining as follows:

YEAS 46: Senators Algiere, Alves, Bates, 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, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0. ABSTAINED - 1: Senator Blais.

6. (98-S2963) An Act relating to agriculture and forestry.

Committee on Finance recommends passage.

Senator Gibbs moves passage, seconded by Senators Breene, Nygaard, Enos and Lenihan.

The act is read and passed, upon a roll call vote with 47 Senators voting in the affirmative and 1 Senator voting in the negative as follows:

YEAS - 47: Senators Algiere, 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, Parella, Patterson, Perry, Polisena, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS - 1: Senator Raptakis.

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 Committee on Judiciary 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 Wednesday, March 25, 1998, at 3:00 o'clock P.M. in Room 211 of the State House.

Also:

Senator Badeau announces that the Committee on Labor will meet on Wednesday, March 25,1998, at 2:00 o'clock P.M. in Room 212 of the State House.

Also:

Senator Goodwin announces that the Committee on Special Legislation will meet on Wednesday, March 25, 1998, at the rise of the Senate in Room 211 of the State House.

ADJOURNMENT

Upon motion of Senator Kelly, seconded by Senator Algiere, and upon suggestion of Senator Issa, the Senate adjourns at 4:42 o'clock P.M., on a unanimous rising vote, as a further mark of respect to the memory of Ralph Holden of Central Falls, a community leader who will be greatly missed by the people of Central Falls, especially the thousands of young people he has helped over the years.

RAYMOND T. HOYAS, JR.
Clerk of the Senate

Appendix

INVOCATION
SENATOR MICHAEL J. McCAFFREY

Dear God, please bestow your special blessings on all of us assembled in this Chamber. We ask your guidance in serving those who have elected us to the best of our ability. Amen.

Appendix

CALENDAR

In order for Wednesday, March 25, 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 "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".

2. (98-S 2495 as amended) An Act relating to motor and other vehicles.

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

3. (98-S 2782 as amended) An Act relating to town meetings.

Committee on Judiciary recommends passage as amended.

4. (98-S 2855 as amended) An Act relating to the State Board of Elections.

Committee on Judiciary recommends passage as amended.

5. (98-S 2370) An Act relating to vicious dogs.

Committee on Special Legislation recommends passage.

6. (98-S 2865) (Substitute "A" as amended) An Act relating to businesses and professions.

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

7. (98-S2570) An Act relating to business and professions- Board of Medical Licensure and Discipline.

Committee on Health, Education and Welfare recommends passage.

8. (98-S2835) An Act relating to businesses and professions.

Committee on Health, Education and Welfare recommends passage.

9. (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.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Tuesday, March 24, 1998

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