SENATE JOURNALS - Wednesday, April 8, 1998

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. 38 Wednesday, April 8, 1998 Thirty-eighth Day

The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Bernard A. Jackvony, at 4:45 o'clock P.M.

The roll is called and a quorum is declared present with 45 Senators present and 5 Senators absent as follows:

PRESENT 45: Senators Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Lenihan, McBurney, McCaffrey, McDonald Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo Parella, Patterson, Perry, Polisena, Revens, Roberts, Roney' Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

ABSENT - 5: Senators Algiere, Badeau, Donelan, Kelly, Raptakis.

INVOCATION

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

(See Appendix for Invocation)

PLEDGE OF ALLEGIANCE TO THE FLAG

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

CORRECTION

The Senate Journal of April 7, 1998, shall be corrected on page 7, column 1, line 33, by deleting the name of Senator McCaffrey and inserting the name of Senate McBurney.

APPROVAL OF RECORD
The Senate Journals of Thursday, April 2, 1998, and Tuesday, April 7, 1998 proceedings are read in part.

Upon suggestion of Senator Enos and by unanimous consent, further reading of the Journals is dispensed with and the Journals approved as corrected.

GUESTS

Upon suggestion of Senators Sosnowski and Irons, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber members of the 1997-98 University of Rhode Island Rams, recognized as one of the 1998 NCAA Elite Eight, who brought pride to all Rhode Islanders as we shared their moments in the spotlight, Coach Jim Harrick, Assistant Coach Larry Farmer, Assistant Coach Tom Penders, Assistant Coach Jerry DiGregorio, URI Athletic Director Ron Petro, four Senior Captains, Cuttino Mobley, Tyson Wheeler, Joshua King, John Bennett, Preston Murphy, Antonio ReynoldsDean, Maureico Gay, Luther Clay, Andrew Wafula, David Arigbabu, Tory Jefferson, Lamar Odom, Ed Brown, Tavorris Bell, David Smith, and Managers Sarah Tuzinski and Brandi Daniel. Coach Harrick addresses the Senate and thanks all Rhode Islanders for their support of this very special team.

FROM THE
HOUSE OF REPRESENTATIVES

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

(98-H 8962) An Act authorizing the town of Westerly to issue bonds and notes to an amount not exceeding $255,000 to finance the construction and expansion of sewers and sewerage systems in the Pickering Drive and Butterfly Drive areas of town.

Senator Blais requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator Blais, seconded by Senators Bates, Enos, Gibbs, Patterson, Walsh and others, and by unanimous consent, read and passed, in concurrence, under suspension of the rules, upon a roll call vote with 38 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 38; Senators Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Kells, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Revens, Roney, Ruggerio, Sasso, Tavares, Walaska, Walsh, Walton.

NAYS -O.

Also:

(98-H 8989) An Act authorizing the town of Barrington to finance the remodeling and renovation of the Barrington High School, the construction of an addition thereto and the equipping and furnishing thereof and to issue not more than $14,250,000 bonds and notes therefor.

Senator Bates requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator Bates, seconded by Senators Irons and Ruggerio, and by unanimous consent, read and passed, in concurrence, under suspension of the rules, upon a roll call vote with 41 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 41: Senators Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Revens, Roney, Ruggerio, Sasso, Tavares, Walaska, Walsh, Walton.

NAYS -O.

Also:

(98-H 8803) An Act to vacate the forfeiture or revocation of the charter of David M. King & Son, Inc.

Read and ordered to be placed on the Consent Calendar.

Also:

(98-H 8471) An Act relating to enterprise zones.

Read and referred to the Committee on Corporations.

Also:

(98-H 8477) An Act relating to the town of Portsmouth Juvenile Hearing Board.

Read and referred to the Committee on Corporations.

Also:

(98-H 8960) An Act exempting from taxation the real and personal property of Generations Alumni Drum and Bugle Corps not exceeding $150,000.

Read and referred to the Committee on Corporations.

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

Senators Celona and Blais presents (98-S 3062) Joint Resolution making an appropriation of $250.00 to pay the claim of Joanne De Graide and Ford Motor Credit Company, 238 Howard Avenue, Coventry, Rhode Island 02816.

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

Senators Celona and Palazzo present (98-S 3063) Joint Resolution making an appropriation of $1009.50 to pay the claim of Anthony Raimondi and John J. Healy of 39 Neutaconkanut Road, Johnston, Rhode Island 02919.

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

Senators O'Leary and Polisena present (98-S 3064) An Act relating to the naming of state buildings.

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

Senators Ruggerio and Celona present (98-S 3065) Joint Resolution making an appropriation of $1,000.90 to pay the claim of Liberty Mutual Group, 114 Turnpike Road, Westborough, Massachusetts 01581 as subrogee of Mary Irene Hardy of 12 Turner Drive, West Warwick, Rhode Island 02893.

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

Senators Ruggerio and Celona present (98-S 3066) Joint Resolution making an appropriation of $1,674.38 to pay the claim of Amica Mutual Insurance Company, P.O. Box 6008, Providence, Rhode Island 02940 as subrogee of Barbara J. Ross of 33 Harrington Road, Coventry, Rhode Island 02816.

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

Senators Celona and Ruggerio present (98-S 3067) Joint Resolution making an appropriation of $2912.84 to pay the claim of Liberty Mutual Group, 114 Turnpike Road, P.O. 5104, Westborough, Massachusetts 01581 as subrogee of Russell P. Maling.

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

Senators Blais and Breene present (98-S 3068) Senate Resolution honoring Bob Tasca for his many accomplishments and extending appreciation to him for allowing the children of Scituate, Rhode Island to use his property for youth sporting events.

Senator Blais requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senator Celona and Walsh presents (98-S 3069) Joint Resolution making an appropriation of $2,333.34 to pay the claim of Amica Mutual Insurance Company, P.O. Box 6008, Providence, Rhode Island 02940 as subrogee of Robert M. Bastow and Linda D. Rolf of 16 Hoxsie Road, West Kingston, Rhode Island 02892.

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

Without objection, the following Act is introduced after the deadline.

Senators Polisena and Damiani present (by request) (98-S 3070) An Act relating to relief of injured and deceased fire fighters and police officers.

Read and referred to the Committee on Finance.

Senators Walton, Cicilline, Fogarty, Roney, Revens and others present (98-S 3071) Senate Resolution extending condolences on the passing of B. Jae Clanton.

Senator Walton requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

CALENDAR

In order for the day is taken up as follows:

Upon suggestion of Senator Enos, and without objection, the Calendar is deferred to Tuesday, April 21, 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 Enos announces that the Senate will not meet on Thursday, April 9, 1998

ADJOURNMENT

Upon motion of Senator Enos, seconded by Senator Blais, and upon suggestion of Senator Revens, the Senate adjourns at 5:08 o'clock P.M., on a unanimous rising vote, as a further mark of respect to the memory of B. Jae Clanton, her presence will be missed by many.

RAYMOND T. HOYAS, JR.
Clerk of the Senate

Appendix

INVOCATION
SENATOR DANIEL J. ISSA

Almighty God, enable us to do our work in the knowledge that the ultimate victory belongs to truth over falsehood and righteousness over evil. Amen.

Appendix

CONSENT CALENDAR

In order for Tuesday, April 21, 1998:

1. (98-H 8803) An Act to vacate the forfeiture or revocation of the charter of David M. King & Son, Inc. Ordered to be placed on the Consent Calendar.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Wednesday, April 8, 1998

Appendix

CALENDAR

In order for Tuesday, April 21, 1998:

1. (98-S 2534 as amended) An Act relating to labor and labor relations.

Committee on Labor recommends passage as amended.

2. (98-S 2~~~~ An Act relating to businesses and professions electricians.

Committee on Labor recommends passage.

3. (98-S 2804 as amended) An Act relating to labor and labor relations.

Committee on Labor recommends passage as amended.

4. (98-S 2213) An Act relating to motor and other vehicles registration of vehicles.

Committee on Special Legislation recommends passage.

5. (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.

6. (98-S 2615) An Act relating to state affairs and government- enterprise zones.

Committee on Corporations recommends passage.

7. (98-S 2782 as amended) An Act relating to town meetings.

Committee on Judiciary recommends passage as amended.

8. (98-S 2515) An Act relating to mandated benefits review act.

Committee on Corporations recommends passage.

9.

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

Committee on Corporations recommends passage.

10. (98-S 2827) An Act relating to insurance.

Committee on Corporations recommends passage.

11. (98-S 2936) An Act relating to food and drugs.

Committee on Corporations recommends passage.

12. (98-S 2962) An Act relating to motor and manufactured homes.

Committee on Corporations recommends passage.

13. (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.

14. (98-S 3006) An Act relating to taxation.

Committee on Corporations recommends passage.

15. (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.

16. (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".

17. (98-S 2582 as amended) An Act relating to substance abuse treatment services conference.

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

18. (98-S 2935) An Act relating to mental health, retardation and hospitals -developmentally disabled adults.

Committee on Health, Education and Welfare recommends passage.

19. (98-S 2997) An Act relating to education - curriculum.

Committee on Health, Education and Welfare recommends passage.

20. (98-S 2027 as amended) An Act relating to waters and navigation- regulation of boats.

Committee on Judiciary recommends passage as amended.

21. (98-S 2039) An Act relating to food and drugs - uniform controlled substance act.

Committee on Judiciary recommends passage.

22. (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".

23. (98-S 2175) An Act relating to criminal offenses - public utilities.

Committee on Judiciary recommends passage.

24. (98-S2246) (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.

25. (98-S 2354) An Act relating to elections -campaign contributions.

Committee on Judiciary recommends passage.

26. (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.

27. (98-S 2472) (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.

28. (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

29. (98-S 2553) An Act relating to private detective act.

Committee on Judiciary recommends passage.

30. (98-S 2564) An Act relating to criminal procedure - bounty hunters.

Committee on Judiciary recommends passage.

31. (98-S 2595) An Act relating to sexual assault.

Committee on Judiciary recommends passage.

32. (98-S 2626 as amended) An Act relating to taxation.

Committee on Judiciary recommends passage as amended.

33. (98-S 2688) An Act relating to mental health.

Committee on Judiciary recommends passage.

34. (98-S 2722) An Act relating to health and safety the Rhode Island Resource Recovery I Corporation.

Committee on Judiciary recommends passage.

35. (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".

36. (98-S 2810) An Act relating to public utilities and carriers- Public Utilities Commission.

Committee on Judiciary recommends passage.

37. (98-S 2882) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage.

38. (98-S 2996) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage.

39. (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.

40. (98-S 2421) An Act relating to health and safety - State Fire Marshal.

Committee on Judiciary recommends passage.

41. (98-S 2681) An Act relating to campaign audits.

Committee on Judiciary recommends passage.

42. (98-S 2648) An Act relating to arbitration.

Committee on Corporations recommends passage.

43. (98-S 2473) An Act relating to delinquent and dependent children proceedings in Family Court.

Committee on Judiciary recommends passage.

44. (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".

45. (98-S 2450) An Act relating to professional service corporations.

Committee on Corporations recommends passage.

46. (98-S 2644) An Act relating to fire detection systems in existing residential occupancies.

Committee on Corporations recommends passage.

47. (98-S 2748) An Act relating to motor and other vehicles- mobile and manufactured homes.

Committee on Corporations recommends passage.

48. (98-S 2900) An Act relating to taxation -town of North Providence.

Committee on Corporations recommends passage.

49. (98-S 3029) An Act relating to the Harrisville Fire District.

Committee on Corporations recommends passage.

50. (98-S 2054) An Act relating to education requiring certain schools to institute a breakfast program.

Committee on Finance recommends passage.

51. (98-S 2074) An Act relating to state affairs and government- user fees at state beaches.

Committee on Finance recommends passage.

52. (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".

53. (98-S 2200 as amended) An Act relating to video lottery terminal.

Committee on Finance recommends passage as amended.

54. (98-S 2344 as amended) An Act relating to towns and cities- police officers.

Committee on Finance recommends passage as amended.

55. (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 "A".

56. (98-S 2522) An creating the community and neighborhood partnership tax credit act of 1988.

Committee on Finance recommends passage.

57. (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.

58. (98-S 2838 as amended) An Act relating to public utilities- 911 system.

Committee on Finance recommends passage as amended.

59. (98-S 2885) An Act making an appropriation of $5,000 to Laura A. Hoxsie.

Committee on Finance recommends passage.

60. (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.

61. (98-S 2095 as amended) An Act relating to state affairs and government - administrative procedures.

Committee on Judiciary recommends passage as amended.

62. (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 "A.

63. (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.

64. (98-S 2317) An Act relating to domestic relations - divorce and separation.

Committee on Judiciary recommends passage.

65. (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 "A".

66. (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.

67. (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.

68. (98-S2754) (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.

69. (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".

70. (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.

71. (98-S 2591) An Act relating to arbitration of school teacher disputes.

Committee on Labor recommends passage.

72. (98-S 2793) An Act relating to telecommunications.

Committee on Labor recommends passage.

73. (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".

74. (98-S 2632) An Act relating to temporary disability insurance - exemption of certain persons.

Committee on Labor recommends passage.

75. (98-S 2840) An Act relating to businesses and professions.

Committee on Labor recommends passage.

76. (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".

77. (98-S 2549) An Act relating to fire detectors.

Committee on Corporations recommends passage.

78. (98-S 2645) An Act relating to fire detection systems.

Committee on Corporations recommends passage.

79. (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".

80. (98-S 2383) (Substitute "A") An Act relating to education- curriculum.

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

81. (98-S 2547) An Act relating to chiropractors.

Committee on Health, Education and Welfare recommends passage.

82. (98-S 2705) (Substitute "A") An Act relating to state affairs and government -housing.

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

83. (98-S 2725) An Act relating to Health and Educational Building Corporation.

Committee on Health, Education and Welfare recommends passage.

84. (98-S 2370) (Substitute "A") An Act relating to vicious dogs.

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

85. (98-S 2859) An Act relating to animals and animal husbandry.

Committee on Special Legislation recommends passage.

86. (98-S 2577 as amended) An Act relating to commercial laws- unfair sales practices.

Committee on Corporations recommends passage as amended.

87. (98-S 2739 as amended) An Act relating to the Rhode Island Economic Development Corporation sale of property in town of North Kingstown.

Committee on Corporations recommends passage as amended.

88. (98-S 2794) An Act relating to enterprise zones.

Committee on Corporations recommends passage.

89. (98-S 2801) An Act relating to financial institutions.

Committee on Corporations recommends passage.

90. (98-S 2902) An Act in amendment of Chapter 1039 of the Public Laws, 1902, entitled "An Act in amendment of and in addition to An Act entitled An Act in amendment of the charter of the Fire Engine Company in East Greenwich, passed at the January Session 1882", passed at the January 1902 Session.

Committee on Corporations recommends passage.

91. (98-S 2913) An Act authorizing the establishment of a Municipal Court in East Greenwich.

Committee on Corporations recommends passage.

92. (98-S 2926 as amended) An Act relating to health and safety - Rhode Island Resource Recovery Corporation.

Committee on Corporations recommends passage as amended.

93. (98-S 2970) An Act relating to the city of Woonsocket.

Committee on Corporations recommends passage.

94. (98-S 2999) (Substitute "A" as amended) An Act relating to property exempt from attachment - homestead exemption.

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

95. (98-S 3031) An Act validating and ratifying amendments to the West Warwick Home Rule Charter.

Committee on Corporations recommends passage.

96. (98-S 3035) An Act relating to the town of Scituate.

Committee on Corporations recommends passage.

97. (98-S 3036) An Act relating to harbors and harbor lines.

Committee on Corporations recommends passage.

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

Committee on Corporations recommends passage.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Wednesday, April 8, 1998

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