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. 35 Wednesday, April I, 1998 Thirty-fifth 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 49 Senators present and 1 Senator absent as follows:

PRESENT - 49; 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, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

ABSENT - 1; Senator Montalbano.

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

(See Appendix for Invocation)

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

APPROVAL OF RECORD
The Senate Journal of Tuesday, March 31, 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 Alves, Breene, McCaffrey, Izzo, Walsh, Sosnowski, Kelly and Irons, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber in recognition of the celebration of Retired Teachers' Day, Virginia Jordan of Warwick, Doris Bettez of Warwick, Patricia Essley of Cranston, Cecile Bourgeois of Pawtucket, Madleine Muto Jones of Johnston, Dr. Norma Garret of Warwick, Frances Campbell of Pawtucket, Anna Prior of Warwick, Carlo Gamba of West Greenwich, and Chris and Gloria Heisler of South Kingstown.

Upon suggestion of Senators Kelly, Algiere and Gibbs, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber M. Charles Bakst of the Providence Journal, a wise and renowned political columnist who has long covered the marble halls of the State House, and extends congratulations and best wishes on the very special occasion of the birth of his new granddaughter, IsabelIa Zanobini, who was born on March 24, 1998. The entire Senate joins in extending best wishes.

APPOINTMENT BY THE GOVERNOR
His Honor, the Lieutenant Governor, presents the following communication from His Excellency, the Governor, transmitting the following appointments and requesting the advice and consent of the Senate thereto:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS EXECUTIVE CHAMBER, PROVIDENCE

Lincoln Almond
Governor

April 1, 1998

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 8-16-1 of the Rhode Island General Laws, I have made the following reappointment to the Commission on Judicial Tenure and Discipline; Richard S. Humphrey of Tiverton for a term expiring April 1, 2001. To this reappointment, I request your advice and consent.

Sincerely,

LINCOLN ALMOND
Governor

Read and referred to the Committee on Judiciary.

Also:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS EXECUTIVE CHAMBER, PROVIDENCE

Lincoln Almond
Governor

April 1,1998

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 8-16-1 of the Rhode Island General Laws, I have made the following reappointment to the Commission on Judicial Tenure and Discipline; Deborah Miller Tate, Esquire of Providence for a term expiring April 1, 2001. To this reappointment, I request your advice and consent.

Sincerely,

LINCOLN ALMOND
Governor

Read and referred to the Committee on Judiciary.

FROM THE
HOUSE OF REPRESENTATIVES

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

(98-H 7720) (Substitute "A") An Act relating to towns and cities - Central Falls Municipal Court.

Read and referred to the Committee on Corporations.

Also:

(98-H 7118) (Substitute "A") An Act relating to domestic relations- denial of visitation rights.

Read and referred to the Committee on Judiciary.

Also:

(98-H 8034) (Substitute "A") An Act relating to domestic violence.

Read and referred to the Committee on Judiciary.

Also:

(98-H 8036) An Act relating to Administrative Adjudication Court.

Read and referred to the Committee on Judiciary.

Also:

(98-H 8236) An Act relating to judicial selection.

Read and referred to the Committee on Judiciary.

REPORTS OF COMMITTEES

COMMITTEE ON CORPORATIONS

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

(98-S 2380) (Substitute "A") An Act relating to (Substitute A financial institutions - automated teller machines.

Read and ordered to be placed on the Calendar.

(98-S 2450) An Act relating to professional service corporations.

Read and ordered to be placed on the Calendar.

(98-S 2644) An Act relating to fire detection systems in existing residential occupancies.

Read and ordered to be placed on the Calendar.

(98-S 2748) An Act relating to motor and other vehicles - mobile and manufactured homes.

Read and ordered to be placed on the Calendar.

(98-S 2900) An Act relating to taxation - town of North Providence.

Read and ordered to be placed on the Calendar.

(98-S 2901) An Act relating to the Greenville water district.

Read and ordered to be placed on the Calendar.

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

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 2054) An Act relating to education -requiring certain schools to institute a breakfast program.

Read and ordered to be placed on the Calendar.

(98-S 2074) An Act relating to state affairs and government- user fees at state beaches.

Read and ordered to be placed on the Calendar.

(98-S 2140) (Substitute "A") An Act relating to motor and other vehicles - required equipment in police cars.

Read and ordered to be placed on the Calendar.

(98-S 2200 as amended) An Act relating to video lottery terminal.

Read and ordered to be placed on the Calendar.

(98-S 2335) (Substitute "A") An Act relating to taxation- personal income tax.

Read and ordered to be placed on the Calendar.

(98-S 2344 as amended) An Act relating to towns and cities- police officers.

Read and ordered to be placed on the Calendar.

(98-S 2522) An creating the community and neighborhood partnership tax credit act of 1988.

Read and ordered to be placed on the Calendar.

(98-S 2624) (Substitute A as amended) An Act relating to public building.

Read and ordered to be placed on the Calendar.

(98-S 2838 as amended) An Act relating to public utilities- 911 system.

Read and ordered to be placed on the Calendar.

(98-S 2885) An Act making an appropriation of $5,000 to Laura A. Hoxsie.

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 2317) An Act relating to domestic relations - divorce and separation.

Read and ordered to be placed on the Calendar.

(98-S 2025) (Substitute A as amended) An Act relating to sentence and execution.

Read and ordered to be placed on the Calendar.

(98-S 2095 as amended) An Act relating to state affairs and government - administrative procedures.

Read and ordered to be placed on the Calendar.

(98-S 2276) (Substitute "A") An Act relating to identification and apprehension of criminals.

Read and ordered to be placed on the Calendar.

(98-S 2286) (Substitute A as amended) An Act relating to criminal procedure.

Read and ordered to be placed on the Calendar.

(98-S 2376) (Substitute "A") An Act relating to correctional institutions - parole.

Read and ordered to be placed on the Calendar.

(98-S 2516) (Substitute A as amended) An Act relating to property - manufacturer's mold lien.

Read and ordered to be placed on the Calendar.

(98-S 2518) (Substitute A as amended) An Act relating to causes of action.

Read and ordered to be placed on the Calendar.

(98-S 2710) (Substitute "A") Joint Resolution creating a special legislative commission to study the insanity defense in the state of Rhode Island.

Read and ordered to be placed on the Consent Calendar.

(98-S 2754) (Substitute A as amended) An Act relating to proceedings in Family Court.

Read and ordered to be placed on the Calendar.

COMMITTEE ON LABOR

Senator Badeau, from the Committee on Labor, reports back, with recommendation of passage of the following measures:

(98-S 2088) (Substitute "A") An Act relating to electricians.

Read and ordered to be placed on the Calendar.

(98-S 2208) (Substitute A as amended) An Act relating to public officers and employees.

Read and ordered to be placed on the Calendar.

(98-S 2591) An Act relating to arbitration of school teacher disputes.

Read and ordered to be placed on the Calendar.

(98-S 2793) An Act relating to telecommunications.

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.

Senators Kelly, Algiere, Fogarty, Enos, Coderre and others present (98-S 3049) Senate Resolution congratulating former First Lady Marjorie Sundlun on her determination and spirit.

Senator Kelly requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senators Celona, McCaffrey and Ruggerio present (98-S 3050) Joint Resolution making an appropriation of $100,000 for prostate cancer prevention and education.

Read and referred to the Committee on Finance.

Senators Blais, Algiere, Breene and Flynn present (98-S 3051) An Act relating to the University of Rhode Island.

Read and referred to the Joint Committee on Naming State Constructions.

Senators Cicilline, Paiva Weed, Enos, Gibbs and Nygaard present (98-S 3052) Senate Resolution congratulating John Peter Chabot for receiving the Newport Daily News Community Service Award.

Senator Cicilline requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator Cicilline, seconded by Senators Paiva Weed, Enos, Gibbs and Nygaard, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.

Senators Cicilline, Paiva Weed, Enos, Gibbs and Nygaard present (98-S 3053) Senate Resolution congratulating Robert A. Goodrum on receiving the 1998 Newport Daily News Community Service Award.

Senator Cicilline requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator Cicilline, seconded by Senators Paiva Weed, Enos, Gibbs and Nygaard, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.

Senators Cicilline, Goodwin, Kelly, Irons, Enos and others present (98-S 3054) Joint Resolution proclaiming May as Mental Health Month in Rhode Island.

Senator Cicilline requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator Cicilline, seconded by Senators Goodwin, Kelly, Irons, Enos and Coderre 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:

3. (98-S 2560 as amended) An Act relating to businesses and professions requiring the registration of roofing contractors.

Committee on Corporations recommends passage as amended.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, April 7, 1998

18. (98-S 2421) An Act relating to health and safety - State Fire Marshal.

Committee on Judiciary recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, April 7, 1998

24. (98-S 2415) (Substitute "A") An Act relating to labor and labor relations - fair employment practice.

Committee on Labor 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, April 2, 1998

26. (98-S 2546) An Act relating to commercial law - general regulatory provisions.

Committee on Labor recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the desk.

27. (98-S 2632) An Act relating to temporary disability insurance- exemption of certain persons.

Committee on Labor recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Thursday, April 2, 1998

28. (98-S 2795) An Act relating to businesses and professions- electricians.

Committee on Labor recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Thursday, April 2, 1998

29. (98-S 2804 as amended) An Act relating to labor and labor relations.

Committee on Labor recommends passage as amended.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Thursday, April 2, 1998

30. (98-S 2840) An Act relating to businesses and professions.

Committee on Labor recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Thursday, April 2, 1998

1. (98-S 2426) An Act relating to state affairs and government- insurers - settlement.

Committee on Corporations recommends passage.

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

The act is read and passed, 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, Damiani, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

2. (98-S2451) (Substitute "A") An Act relating to insurance- single license procedure act.

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

Senator Alves moves passage, seconded by Senators McCaffrey, Walaska and Tavares. The bill marked Substitute "A". read and passed, and the original bill indefinitely postponed, 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, Damiani, Donelan, Enos, Fogarty, Gibbs, Goodwin, Graziano Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Revens, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

4. (98-S 2744) An Act relating to courts and civil procedure- judicial selection.

Committee on Judiciary recommends passage.

Senator Walton moves passage, seconded by Senators Goodwin, Coderre, Nygaard, Paiva Weed and others.

Senator Cote, seconded by Senator Walton, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(98-S 2744)

Mr. President:

I hereby move to amend (98-S 2744) entitled "AN ACT RELATING TO COURTS AND CIVIL PROCEDURE - JUDICIAL SELECTION", as follows:

1. On page 1, line 12, insert the words "on (i)" after the word "governor";

2. On page 1, line 13, insert the following language after the word "year" : "and (ii) efforts made by the commission during the previous year to encourage racial, ethnic and gender diversity within the judiciary of this state". Respectfully submitted, MARC A. COTE
Senator, District 31 The motion to amend prevails 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, 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, Palazzo, Parella, Perry, Raptakis, Revens, Roberts, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

Senators Graziano, Walton, Walaska and Paiva Weed discuss the act.

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

NAYS -0.

5. (98-S2402) (Substitute "A") An Act relating to education- mandates.

Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute

Senator Raptakis moves passage, seconded by Senator Alves.

Senators Palazzo, Raptakis, Izzo, Alves, Roney, Kells, Patterson, Walaska, Gibbs and Polisena discuss the act. The bill marked Substitute "A" is read and fails of passage, and the original bill indefinitely postponed, upon a roll call vote with 14 Senators voting in the affirmative and 33 Senators voting in the negative as follows:

YEAS - 14; Senators Alves, Bates, Breene, Caprio, Donelan, Flynn, Gibbs, Lenihan, Paiva Weed, Palazzo, Patterson, Raptakis, Sosnowski, Walaska.

NAYS - 33; Senators Algiere, Badeau, Blais, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Fogarty, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, McBurney, McDonald, Nygaard, Oster, Parella, Perry, Polisena, Revens, Roberts, Roney, Ruggerio, Sasso, Tavares, Walsh, Walton.

6. (98-S 2833) An Act relating to waters and navigation - underground storage tank financial responsibility.

Committee on Corporations recommends passage.

Senator Lenihan moves passage, seconded by Senators Kelly, Enos, Paiva Weed, Goodwin, Polisena, Cote, Ruggerio and many others.

Senators Graziano, Lenihan and Alves discuss the act.

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, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Iz;';o, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

7. (98-S 3002) (Substitute A as amended) An Act relating to motor and other vehicles -automobile theft and insurance fraud.

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

Senator Irons moves passage, seconded by Senators Damiani, Bates and others.

Senators Alves and Irons discuss the act. The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 48 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 48; Senators Algiere, Alves, Badeau, Bates, Blais, 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, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

8. (98-S 3004 as amended) An Act relating to collection of taxes generally.

Committee on Corporations recommends passage as amended.

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

The act is read and passed, as amended, 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, 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, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walsh, Walton.

NAYS -0.

9. (98-S 3005) An Act relating to collection of taxes generally.

Committee on Corporations recommends passage.

Senator Bates moves passage, seconded by Senator Blais.

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, Caprio, Celona, Coderre, Connors, Cote, Damiani, Donelan, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Iz;;o, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

10. (98-S 3007) An Act relating to taxation.

Committee on Corporations recommends passage.

Senator Bates moves passage, seconded by Senator Cote.

Senators Alves, Badeau and Irons discuss the act.

The act is read and passed, by unanimous consent, upon a roll call vote with 40 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 40; Senators Algiere, Alves, Badeau, Bates, Blais, Caprio, Celona, Coderre, Connors, Cote, Damiani, Donelan, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, McBurney, McCaffrey, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Roberts, Ruggerio, Sasso, Sosnowski, Tavares, Walton.

NAYS -0.

11. (98-S 2122) An Act relating to education.

Committee on Health, Education and Welfare recommends passage.

Senator Izzo moves passage, seconded by Senators Gibbs, Sasso, Walsh, Roberts, Nygaard, Cicilline and others.

Senators Blais, Izzo, Graziano and Polisena discuss the act.

The act is read and passed, 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, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

12. (98-S 2282) (Substitute "A") An Act relating to health and safety establishing the Rhode Island health care quality program.

Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".

Senator Fogarty moves passage, seconded by Senators Kelly, Coderre, Roberts, Walsh, Parella, Irons, Goodwin, Cicilline, Oster, McDonald and many others.

Senators Blais, Fogarty and Gibbs discuss the act. The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, upon a roll call vote with 40 Senators voting in the affirmative and 4 Senators voting in the negative as follows:

YEAS - 40; Senators Algiere, Badeau, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Fogarty, Goodwin, Graziano, Irons, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Perry, Polisena, Revens, Roberts, Roney, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS - 4; Senators Blais, Flynn, Gibbs, Patterson.

13. (98-S 2313 as amended) An Act relating to health and safety- residential care and assisted living facility act.

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

Senator Fogarty moves passage, seconded by Senators Nygaard, Badeau, Izzo, Coderre, McDonald and many others.

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, Badeau, Bates, Blais, Breene, Caprio, 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, Palazzo, Parella, Patterson, Perry, Polisena, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

14. (98-S 2411 as amended) An Act relating to motor and other vehicles - operators' and chauffeurs' licenses.

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

Senator Roney moves passage, seconded by Senators Coderre, Goodwin, Celona, Izzo, Roberts, Blais, Algiere, Parella, Connors, Tavares, Palazzo and many others.

Senators Blais, Alves, Graziano and Izzo discuss the act.

The act is read and passed, as amended, by unanimous consent, upon a roll call vote with 48 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS 48; 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, McCaffrey, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

Upon suggestion of Senator Enos, and without objection, the remainder of the Calendar is deferred to tomorrow.

Upon suggestion of Senator Enos, and without objection, the following Act on the Calendar for Tuesday, April 7, 1998, is placed on the Calendar for Thursday, April 2, 1998

(98-S 2298) (Substitute A as amended) An Act relating to taxation -- donated computer equipment - tax credit.

Upon suggestion of Senator Enos, and without objection, the appointments on the Calendar for tomorrow, items 1 through 8, are placed on the Consent Calendar for tomorrow.

CONSENT CALENDAR

In order for the day is taken up as follows:

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

1. (98-S 3017) Senate Resolution creating a special Senate commission to study the association between and amongst domestic violence, child abuse and animal abuse.

2. (98-S 3028) Senate Resolution respectfully requesting the Commissioner of Education to develop a policy and procedure for school committees regarding disciplinary actions.

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 on Thursday, April 2, 1998, at 3:00 o'clock P.M. in Room 212 of the State House.

Also:

Senator Izzo announces that the Committee on Health, Education and Welfare will meet today at the rise of the Senate in Room 211 of the State House.

Also:

Senator Goodwin announces that the Committee on Special Legislation will meet on today at the rise of the Senate in the Senate Lounge of the State House.

ADJOURNMENT

Upon motion of Senator Kelly, seconded by Senator Algiere, and upon suggestion of Senator Roney, the Senate adjourns at 5:40 o'clock P.M., on a unanimous rising vote, as a further mark of respect to the memory of the Honorable Carolyn Brassil of Providence, former Councilwoman and City Official, who will be greatly missed.

RAYMOND T. HOYAS, JR.
Clerk of the Senate

Appendix

INVOCATION
SENATOR KEVIN A. BREENE

Grant us light, 0 Lord, that we may know the wisdom which Thou alone can give. Guide us with your Truth and help us to serve well our fellow Rhode Islanders. Amen.

Appendix

CONSENT CALENDAR

In order for Thursday, April 2, 1998:

1. Appointment of Donald Deignan, Ph.D of Providence (Represents Blind and Physically Handicapped Persons) VICE Regina Connor to the Library Board of Rhode Island for a term expiring December 31, 2000.

Committee on Judiciary recommends the Senate give its Advice and Consent to this appointment.

2. Reappointment of Donna Dufault of North Kingstown (Representing Large and Medium Sized Public Libraries) to the Library Board of Rhode Island for a term expiring December 31, 1999.

Committee on Judiciary recommends the Senate give its Advice and Consent to this appointment.

3. Appointment of Donna D. Good of East Greenwich (Representing School Libraries) VICE Naomi Caldwell-Wood (Resigned) to the Library Board of Rhode Island for a term expiring December 31, 1998

Committee on Judiciary recommends the Senate give its Advice and Consent to this appointment.

4. Reappointment of Anne Kayarian of Warwick (Representing General Library Users) to the Library Board of Rhode Island for a term expiring December 31, 2000.

Committee on Judiciary recommends the Senate give its Advice and Consent to this appointment.

5. Appointment of Jenny LaPerriere of Providence (Representing Small Public Libraries) VICE Joan Prescott to the Library Board of Rhode Island for a term expiring December 31, 1999.

Committee on Judiciary recommends the Senate give its Advice and Consent to this appointment.

6. Reappointment of Joan Ress Reeves of Providence (General Library User) to the Library Board of Rhode Island for a term expiring December 31, 2000.

Committee on Judiciary recommends the Senate give its Advice and Consent to this reappointment.

7. Appointment of Armand J. Desvoyaux of Warwick (Representing Municipality with population over 60,000) VICE James Marcello to the State Building Codes Standards Committee for a term expiring May 1, 2000.

Committee on Judiciary recommends the Senate give its Advice and Consent to this appointment.

8. Reappointment of William Penn of Block Island (Public Member) to the Water Resources Board for a term expiring March 1, 2001.

Committee on Judiciary recommends the Senate give its Advice and Consent to this reappointment.

9. (98-S2710) (Substitute "A") Joint Resolution creating a special legislative commission to study the insanity defense in the state of Rhode Island.

Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Wednesday, April 1, 1998

Appendix

CALENDAR

In order for Thursday, April 2, 1998:

1. (98-S 2298) (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.

2. (98-S 2295) An Act relating to insurance.

Committee on Judiciary recommends passage.

3. (98-S 2296) An Act relating to death by wrongful act.

Committee on Judiciary recommends passage.

4. (98-S 2378) An Act relating to residential landlord and tenant act.

Committee on Judiciary recommends passage.

5. (98-S 2712) An Act relating to courts and civil procedure evidence.

Committee on Judiciary recommends passage.

6. (98-S 2779 as amended) An Act relating to redevelopment projects.

Committee on Judiciary recommends passage as amended.

7. (98-S 2802) An Act relating to health care.

Committee on Judiciary recommends passage.

8. (98-S 2803 as amended) An Act relating to evidence.

Committee on Judiciary recommends passage as amended.

9. (98-S 2142) (Substitute "A") An Act relating to labor and labor relations.

Committee on Labor recommends indefinite postponement of the original bill and passage of Substitute "A".

10. (98-S 2415) (Substitute "A") An Act relating to labor and labor relations - fair employment practice.

Committee on Labor recommends indefinite postponement of the original bill and passage of Substitute

11. (98-S 2534 as amended) An Act relating to labor and labor relations.

Committee on Labor recommends passage as amended.

12. (98-S 2632) An Act relating to temporary disability insurance- exemption of certain persons.

Committee on Labor recommends passage.

13. (98-S 2795) An Act relating to businesses and professions- electricians.

Committee on Labor recommends passage.

14. (98-S 2804 as amended) An Act relating to labor and labor relations.

Committee on Labor recommends passage as amended.

15. (98-S 2840) An Act relating to businesses and professions.

Committee on Labor recommends passage.

16. (98-S 2213) An Act relating to motor and other vehicles- registration of vehicles.

Committee on Special Legislation recommends passage.

17. (98-S 2257) An Act relating to regulation of sales and advertising price of malt beverages, wine and distilled liquor.

Committee on Special Legislation recommends passage.

18. (98-S 2615) An Act relating to state affairs and government- enterprise zones.

Committee on Corporations recommends passage.

19. (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

20. (98-S 2782 as amended) An Act relating to town meetings.

Committee on Judiciary recommends passage as amended.

21. (98-S 2515) An Act relating to mandated benefits review act.

Committee on Corporations recommends passage.

22. (98-S 2549) An Act relating to fire detectors.

Committee on Corporations recommends passage.

23. (98-S 2645) An Act relating to fire detection systems.

Committee on Corporations recommends passage.

24. (98-S 2655) An Act relating to partnerships - limited liability partnerships.

Committee on Corporations recommends passage.

25. (98-S 2827) An Act relating to insurance.

Committee on Corporations recommends passage.

26. (98-S 2936) An Act relating to food and drugs.

Committee on Corporations recommends passage.

27. (98-S 2962) An Act relating to motor and manufactured homes.

Committee on Corporations recommends passage.

28. (98-S 2968) An Act authorizing the town of North Kingstown to finance the acquisition of development rights to farmland and other real estate and to issue not more than $4,000,000 bonds and notes therefor.

Committee on Corporations recommends passage.

29. (98-S 2998) An Act establishing the Slack's Reservoir Preservation and Recreation District.

Committee on Corporations recommends passage.

30. (98-S 3006) An Act relating to taxation.

Committee on Corporations recommends passage.

31. (98-S 2484) (Substitute "A") An Act relating to state retirement system - definition of active member.

Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A".

32. (98-S 2485) (Substitute "A") An Act relating to municipal retirement system -transfer of credit and contribution.

Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A".

33. (98-S 2489) (Substitute "A") An Act relating to Justices of Supreme, Superior and Family Courts - state police.

Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A".

34. (98-S 2582 as amended) An Act relating to substance abuse treatment services conference.

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

35. (98-S 2935) An Act relating to mental health, retardation and hospitals developmentally disabled adults.

Committee on Health, Education and Welfare recommends passage.

36. (98-S 2997) An Act relating to education - curriculum.

Committee on Health, Education and Welfare recommends passage.

37. (98-S 2027 as amended) An Act relating to waters and navigation- regulation of boats.

Committee on Judiciary recommends passage as amended.

38. (98-S 2039) An Act relating to food and drugs - uniform controlled substance act.

Committee on Judiciary recommends passage.

39. (98-S 2041) (Substitute "A") An Act relating to domestic relations - visitation rights.

Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".

40. (98-S 2175) An Act relating to criminal offenses - public utilities.

Committee on Judiciary recommends passage.

41. (98-S 2246) (Substitute "A" as amended) An Act relating to open meetings.

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

42. (98-S 2354) An Act relating to elections -campaign contributions.

Committee on Judiciary recommends passage.

43. (98-S 2393) (Substitute "A" as amended) An Act relating to public records.

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

44. (98-S2472) (Substitute A as amended) An Act relating to state affairs and government -DCYF records- confidentiality of records.

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

45. (98-S 2475) (Substitute "A") An Act relating to state affairs and government -confidentiality of records.

Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".

46. (98-S 2553) An Act relating to private detective act.

Committee on Judiciary recommends passage.

47. (98-S 2564) An Act relating to criminal procedure - bounty hunters.

Committee on Judiciary recommends passage.

48. (98-S 2595) An Act relating to sexual assault.

Committee on Judiciary recommends passage.

49. - (98-S 2626 as amended) An Act relating to taxation.

Committee on Judiciary recommends passage as amended.

50. (98-S 2688) An Act relating to mental health.

Committee on Judiciary recommends passage.

51. (98-S 2722) An Act relating to health and safety - the Rhode Island Resource Recovery Corporation.

Committee on Judiciary recommends passage.

52. (98-S 2757) (Substitute "A") An Act relating to state purchases.

Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".

53. (98-S 2810) An Act relating to public utilities and carriers- Public Utilities Commission.

Committee on Judiciary recommends passage.

54. (98-S 2882) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage.

55. (98-S 2996) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage.

Appendix

CALENDAR

In order for Tuesday, April 7, 1998:

1. (98-S 2560 as amended) An Act relating to businesses and professions requiring the registration of roofing contractors.

Committee on Corporations recommends passage as amended.

2. (98-S 2421) An Act relating to health and safety State Fire Marshal.

Committee on Judiciary recommends passage.

3. (98-S 2681) An Act relating to campaign audits.

Committee on Judiciary recommends passage.

4. (98-S 2648) An Act relating to arbitration.

Committee on Corporations recommends passage.

5. (98-S 2473) An Act relating to delinquent and dependent children - proceedings in Family Court.

Committee on Judiciary recommends passage.

6. (98-S 2380) (Substitute "A") An Act relating to financial institutions - automated teller machines.

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

7. (98-S 2450) An Act relating to professional service corporations.

Committee on Corporations recommends passage.

8. (98-S 2644) An Act relating to fire detection systems in existing residential occupancies.

Committee on Corporations recommends passage.

9. (98-S 2748) An Act relating to motor and other vehicles- mobile and manufactured homes.

Committee on Corporations recommends passage.

10. (98-S 2900) An Act relating to taxation -town of North Providence.

Committee on Corporations recommends passage.

11. (98-S 2901) An Act relating to the Greenville water district.

Committee on Corporations recommends passage.

12. (98-S 3029) An Act relating to the Harrisville Fire District.

Committee on Corporations recommends passage.

13. (98-S 2054) An Act relating to education requiring certain schools to institute a breakfast program.

Committee on Finance recommends passage.

14. (98-S 2074) An Act relating to state affairs and government- user fees at state beaches.

Committee on Finance recommends passage.

15. (98-S 2140) (Substitute "A") An Act relating to motor and other vehicles - required equipment in police cars.

Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A".

16. (98-S 2200 as amended) An Act relating to video lottery terminal.

Committee on Finance recommends passage as amended.

17. (98-S 2344 as amended) An Act relating to towns and cities- police officers.

Committee on Finance recommends passage as amended.

18. (98-S 2335) (Substitute "A") An Act relating to taxation- personal income tax.

Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute

19. (98-S 2522) An creating the community and neighborhood partnership tax credit act of 1988.

Committee on Finance recommends passage.

20. (98-S 2624) (Substitute A as amended) An Act relating to public building.

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

21. (98-S 2838 as amended) An Act relating to public utilities- 911 system.

Committee on Finance recommends passage as amended.

22. (98-S 2885) An Act making an appropriation of $5,000 to Laura A. Hoxsie.

Committee on Finance recommends passage.

23. (98-S2025) (Substitute "A" as amended) An Act relating to sentence and execution.

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

24. (98-S 2095 as amended) An Act relating to state affairs and government - administrative procedures.

Committee on Judiciary recommends passage as amended.

25. (98-S 2276) (Substitute "A") An Act relating to identification and apprehension of criminals.

Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute

26. (98-S 2286) (Substitute "A" as amended) An Act relating to criminal procedure.

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

27. (98-S 2317) An Act relating to domestic relations - divorce and separation.

Committee on Judiciary recommends passage.

28. (98-S 2376) (Substitute "A") An Act relating to correctional institutions - parole.

Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute

29. (98-S 2516) (Substitute A as amended) An Act relating to property - manufacturer's mold lien.

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

30. (98-S 2518) (Substitute A as amended) An Act relating to causes of action.

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

31. (98-S 2754) (Substitute "A" as amended) An Act relating to proceedings in Family Court.

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

32. (98-S 2088) (Substitute "A") An Act relating to electricians.

Committee on Labor recommends indefinite postponement of the original bill and passage of Substitute "A".

33. (98-S 2208) (Substitute A as amended) An Act relating to public officers and employees.

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

34. (98-S 2591) An Act relating to arbitration of school teacher disputes.

Committee on Labor recommends passage.

35. (98-S 2793) An Act relating to telecommunications. Committee on Labor recommends passage.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Wednesday, April 1, 1998

As always, your comments concerning this page are welcomed and appreciated.

Thank you for stopping by!