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. 32
Wednesday, March 25, 1998
Thirty-second Day
The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Bernard A. Jackvony, at 4:18 o'clock P.M.
The roll is called and a quorum is declared present with 50 Senators present and 0 Senators absent as follows:
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Raptakis, to deliver the invocation.
(See Appendix for Invocation)
PLEDGE OF ALLEGIANCE TO THE FLAG
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Raptakis, to lead the Senate in the pledge of allegiance to the flag.
APPROVAL OF RECORD
The Senate Journal of Tuesday, March 24, 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 Issa, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Unis Delahoz and Richard Leio,
Upon suggestion of Senator Flynn, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Thomas Daniels of Smithfield.
Upon suggestion of Senator Blais, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber John Tally, owner of Tally's in Providence.
COMMUNICATION
His Honor, the Lieutenant Governor, presents the following communication:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER
March 24,1998
Honorable Bernard Jackvony
Lieutenant Governor State of Rhode Island and Providence Plantations
Room 115, State House
Providence, RI 02903
Dear Lt. Governor Jackvony:
Please be advised that a work-related obligation will most likely preclude my attendance at the March 26, 1998 Session.
Thank you for your kind attention to this matter.
All good wishes,
J. CLEMENT CICILLINE
Senate Majority Policy Leader
Senator, District 50
Received and ordered to be placed on file.
APPROVED BY THE GOVERNOR
His Honor, the Lieutenant Governor, presents an announcement of the receipt by the Secretary of State of the following measures, signed and approved March 23, 1998, by His Excellency, the Governor:
(98-S 2120) An Act naming the airport connector the Mary Brennan Parkway.
(98-S 2843) An Act relating to the General Assembly - "The Korean War Veterans Memorial Highway".
JAMES R. LANGEVIN Secretary of State
Received and ordered to be placed on file.
FROM THE
HOUSE OF REPRESENTATIVES
A message from the House of Representatives transmits with announcement of passage:
(98-H 8879) An Act authorizing Bristol Yacht Club to increase its holdings to an amount not exceeding two and one half million dollars ($2,500,000),
Senator Parella requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Parella, seconded by Senators Nygaard, Enos and Blais, and by unanimous consent, read and passed, in concurrence, under suspension of the rules, upon a roll call vote with 34 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
(98-H 8881) An Act relating to the town of Scituate.
Read and referred to the Committee on Corporations.
Also:
(98-H 7349) An Act relating to taxation -investment tax credit.
Read and referred to the Committee on Finance.
Also:
(98-H 7273 as amended) An Act relating to solemnization of marriages.
Read and referred to the Committee on Judiciary.
Also:
(98-H 8880) An Act to vacate the forfeiture or revocation of the charter of the Little Rhody Division.
Read and ordered to be placed on the Consent Calendar.
Also:
(98-H 7646) An Act relating to alcoholic beverages - identification cards.
Read and referred to the Committee on Special Legislation.
REPORTS OF COMMITTEES
TRANSFER OF BILLS
Senator Izzo, from the Committee on Health, Education and Welfare, in accordance with Senate Rule 6.14, moves to transfer the following bills from the Committee on Health, Education and Welfare to the Committee on Finance:
(98-S 2781) An Act relating to medical assistance.
Read and referred to the Committee on Finance.
(98-S 2845) An Act relating to licensing of health care facilities.
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 2424) An Act relating to Kingston Fire District in the town of South Kingstown.
Read and ordered to be placed on the Calendar.
(98-S 2594) An Act relating to towns and cities
- Municipal Court - town of Bristol.
Read and ordered to be placed on the Calendar.
(98-S 2615) An Act relating to state affairs and government-
enterprise zones.
Read and ordered to be placed on the Calendar.
(98-S 2790) An Act relating to taxation - town of Glocester.
Read and ordered to be placed on the Calendar.
(98-S 2886) An Act relating to taxation - real estate construction-
Smithfield.
Read and ordered to be placed on the Calendar.
(98-S 2789) An Act relating to the town of Glocester.
Read and ordered to be placed on the Calendar.
COMMITTEE ON FINANCE
Senator Lenihan, from the Committee on Finance, reports back, with recommendation of passage of the following measures:
(98-S 2006) (Substitute "A") An Act relating to towns and cities - retirement of municipal employees.
Read and ordered to be placed on the Calendar.
(98-S 2298) (Substitute "A" as amended) An Act
relating to taxation - donated computer equipment tax credit.
Read and ordered to be placed on the Calendar.
(98-S 2343) (Substitute "A") An Act relating to taxation - small business tax credit.
Read and ordered to be placed on the Calendar. (98-S 2402) (Substitute "A") An Act relating to
education mandates.
Read and ordered to be placed on the Calendar.
(98-S 2526) (Substitute "A") An Act relating to taxation personal income tax.
Read and ordered to be placed on the Calendar.
(98-S 2718) An Act relating to taxation.
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 3032) Senate
Resolution congratulating Ronald W. Slocum on
his retirement.
Senator Fogarty requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Fogarty, seconded by Senator Kelly, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.
Senator Fogarty presents (98-S 3033) Senate Resolution congratulating William G. DeMagistris on his retirement,
Senator Fogarty requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Fogarty, seconded by Senator Kelly, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.
Senators Kelly and Algiere present (98-S 3034) An Act reinstating and restoring forfeited or revoked corporate charters.
Read and ordered to be placed on the Consent Calendar.
Senators Breene and Blais present (98-S 3035) An Act relating to the town of Scituate.
Read and referred to the Committee on Corporations.
Senators Algiere and Walsh present (98-S 3036) An Act relating to harbors and harbor lines.
Read and referred to the Committee on Corporations.
Without objection, the following Act is introduced after the deadline.
Senators Kelly, Lenihan and Tavares present (98-S 3037) An Act relating to state debt reduction.
Read and referred to the Committee on Finance.
Without objection, the following Act is introduced after the deadline.
Senators Donelan, Walaska, McCaffrey and Revens present (98-S 3038) An Act relating to aeronautics - permanent noise monitoring act.
Read and referred to the Committee on Corporations.
Senators Coderre, McBurney, Irons, Montalbano and Perry present (98-S 3039) Senate Resolution honoring Robert F. Burns on receiving a Lifetime Achievement Award.
Senator Coderre requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Coderre, seconded by Senators McBurney, Irons, Perry, Montalbano, Tavares, Fogarty and Kelly, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.
Senators McBurney, Coderre, Irons, Montalbano and Perry present (98-S 3040) Senate Resolution honoring Henry S. Kinch on receiving a Lifetime Achievement Award.
Senator McBurney requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator McBurney, seconded by Senators Coderre, Irons, Perry, Montalbano, Tavares, Fogarty and Kelly, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.
Senators Irons, Coderre, McBurney, Montalbano and Perry present (98-S 3041) Senate Resolution honoring John Q. Calista, Jr. on receiving a Lifetime Achievement Award.
Senator Irons requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Irons, seconded by Senators Coderre, McBurney, Perry, Montalbano, Tavares, Fogarty and Kelly, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.
CALENDAR
In order for the day is taken up as follows:
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.
Senator Paiva Weed, seconded by Senators Kelly, Algiere, Blais, Nygaard, Polisena and McDonald, moves that confirmation of the Senate be given this appointment.
Senators Alves, Patterson and Paiva Weed discuss the confirmation.
The confirmation of the Senate is given this appointment, upon a roll call vote with 30 Senators voting in the affirmative and 4 Senators voting in the negative as follows:
Upon suggestion of Senator Paiva Weed, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Sarah P, Carter and her children Alexandra and C.J. Carter.
CALENDAR
Upon suggestion of Senator Enos, and without objection, the remainder of the Calendar is deferred to Tuesday, March 31, 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.
ANNOUNCEMENT
Senator Goodwin announces that the Committee on Special Legislation will meet today at the rise of the Senate in Room 211 of the State House.
ADJOURNMENT
Upon motion of Senator Kelly, seconded by Senator Algiere, the Senate adjourns at 4:38 o'clock P.M.
RAYMOND T. HOYAS, JR. Clerk of the Senate
Appendix
INVOCATION
SENATOR LEONIDAS P. RAPTAKIS
O' Lord, today we remember the heroes
of Greek Independence.
They dreamed a great dream, that
the oldest democracy on earth might
be reborn in it's homeland.
Just as with our American Revolution,
the Greek War of Independence attracted
volunteers from many lands including our nation.
It has been well said that free people have two
homelands; The place of their birth is one. The
other is Greece.
We thank history's courageous patriots for the
noble heritage of freedom we enjoy today.
Amen.
Appendix
CONSENT CALENDAR
In order for Thursday, March 26, 1998:
1. (98-S 3034) An Act reinstating and restoring forfeited or revoked corporate charters.
Ordered on the Consent Calendar.
2. (98-H8880) An Act to vacate the forfeiture or revocation of the charter of the Little Rhody Division.
Ordered on the Consent Calendar.
RAYMOND T. HOYAS, JR. Clerk of the Senate
Wednesday, March 25, 1998
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-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.
6. (98-S2865) (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.
Appendix
CALENDAR
In order for Tuesday, March 31, 1998:
1. (98-S 2681) An Act relating to campaign audits.
Committee on Judiciary recommends passage.
2. (98-S2631 as amended) An Act relating to regional tourism district.
Committee on Corporations recommends passage as amended.
3. (98-S2648) An Act relating to arbitration.
Committee on Corporations recommends passage.
4. (98-S2662 as amended) An Act relating to the award of municipal contracts.
Committee on Corporations recommends passage as amended.
5. (98-S2807) An Act relating to catholic cemeteries - increase holdings.
Committee on Corporations recommends passage.
6. (98-S2899) An Act validating and ratifying an amendment to the Home Rule Charter of the city of Pawtucket.
Committee on Corporations recommends passage.
7. (98-S2323 as amended) An Act relating to public assistance act.
Committee on Judiciary recommends passage as amended.
8. (98-S2413) An Act relating to theft, embezzlement, false pretenses and misappropriations.
Committee on Judiciary recommends passage.
9. (98-S2448) An Act relating to domestic abuse prevention.
Committee on Judiciary recommends passage.
10. (98-S2466) An Act relating to domestic violence.
Committee on Judiciary recommends passage.
11. (98-S2473) An Act relating to delinquent and dependent children - proceedings in Family Court.
Committee on Judiciary recommends passage.
12. (98-S2543) An Act relating to judicial selection.
Committee on Judiciary recommends passage.
13. (98-S2735 as amended) An Act relating to victim's rights.
Committee on Judiciary recommends passage as amended.
14. (98-S2744) An Act relating to courts and civil procedure-
judicial selection.
Committee on Judiciary recommends passage.
15. (98-S2825) An Act relating to Family Court.
Committee on Judiciary recommends passage.
16. (98-S2832 as amended) An Act relating to human services Medicaid managed health care fraud.
Committee on Judiciary recommends passage as amended.
17. (98-S2424) An Act relating to Kingston Fire District in the town of South Kingstown.
Committee on Corporations recommends passage.
18. (98-S2789) An Act relating to the town of Glocester.
Committee on Corporations recommends passage.
19. (98-S2886) An Act relating to taxation -real estate construction-
Smithfield.
Committee on Corporations recommends passage.
20. (98-S2594) An Act relating to towns and cities - Municipal Court - town of Bristol.
Committee on Corporations recommends passage.
21. (98-S2615) An Act relating to state affairs and government-
enterprise zones.
Committee on Corporations recommends passage.
22. (98-S2790) An Act relating to taxation -town of Glocester,
Committee on Corporations recommends passage.
23. (98-S2006) (Substitute "A") An Act relating to towns and cities - retirement of municipal employees.
Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A".
24. (98-S2298) (Substitute "A" as amended) An Act relating to taxation - donated computer equipment - tax credit.
Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.
25. (98-S2343) (Substitute "A") An Act relating to taxation-
small business tax credit.
Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A".
26. (98-S2402) (Substitute "A") An Act relating to education-
mandates.
Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A.
27. (98-S2526) (Substitute "A") An Act relating to taxation-
personal income tax.
Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A.
28. (98-S2718) An Act relating to taxation.
Committee on Finance recommends passage.
RAYMOND T. HOYAS, JR. Clerk of the Senate
Wednesday, March 25, 1998
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