SENATE JOURNALS - Tuesday, May 12, 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. 48 Tuesday, May 12, 1998 Forty-eith Day

The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Bernard A. Jackvony, at 4:12 o'clock P.M.

The roll is called and a quorum is declared present with 47 Senators present and 3 Senators absent as follows:

PRESENT - 47: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Cote, Doneian, 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, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

ABSENT - 3; Senators Connors, Damiani, Palazzo.

INVOCATION

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

(See Appendix for Invocation)

PLEDGE OF ALLEGIANCE TO THE FLAG

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

APPROVAL OF RECORD

The Senate Journal of Thursday, May 7, 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.

GUEST

Upon suggestion of Senator Roney, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber John L. P. Breguet, former Assistant Director, Department of Mental Health, Retardation and Hospitals, and now the Labor Case Coordinator for the Dept ment of Administration.

COMMUNICATION

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

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS SENATE CHAMBER
May 12, 1998

His Honor, Bernard A. Jackvony
Lieutenant Governor
115 State House
Providence, RI 02903

Dear Lt. Governor Jackvony:

Please be advised that I will be absent from the Senate session on the following dates - Tuesday, May 12; Wednesday, May 13; and Thursday, May 14; as I will be out of town on business. I would appreciate your recording my letter in the appropriate Senate Journals. Thank you.

Sincerely,

DANIEL P. CONNORS
Senator, District 33

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 measure, signed and approved May 11, 1998, by His Excellency, the Governor:

(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.

JAMES R. LANGEVIN
Secretary of State

Received and ordered to be placed on file,

REPORTS OF COMMITTEES

COMMITTEE ON JUDICIARY

Senator Paiva Weed, from the Committee on Judiciary, reports back, with recommendation of passage of the following measure: (98-H 7184 as amended) An Act relating to identification and apprehension of criminals.

Read and ordered to be placed on the Calendar,

COMMITTEE ON SPECIAL LEGISLATION

Senator Goodwin, from the Committee on Special Legislation, reports back, with recommendation of passage of the following measures:

(98-S 3059) Joint Resolution extending the reporting date of the special legislative commission to study mental illness and substance abuse services.

Read and ordered to be placed on the Calendar.

(98-S 2771) (Substitute "A") An Act relating to parks and recreational areas persons with disabilities.

Read and ordered to be placed on the Calendar.

NEW BUSINESS

The following item s are received and referred to committee pending any objection of the body on the next legislative day.

Senator Blais presents (98-5 3135) Joint Resolution making an appropriation of $71.94 to pay the claim of Cynthia S. Bousquet of 444 Broadway, North Attleboro, Massachusetts 02760-1117.

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

Senators Kells and Perry present (98-5 3136) Senate Resolution proclaiming June 1, 1998 as Genesis Center Donna Shalala Day in the State of Rhode Island.

Senator Kells requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senators Kelly, Paiva Weed and Cicilline present (98-5 3137) Senate Resolution congratulating Professor Richard J. (Jack) Grunawalt on his retirement from the U.S. Naval War College.

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.

Senator Fogarty presents (98-5 3138) Senate Resolution congratulating Raymond E. Reilly, Jr. on the occasion of his retirement.

Senator Fogarty requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senator Oster presents (98-5 3139) An Act relating to the town of Lincoln Juvenile Hearing Board.

Read and referred to the Committee on Corporations.

Senators Goodwin, Walton, Perry, Graziano, Roney and others present (98-5 3140) Senate Resolution honoring Mayor Vincent A. Cianci on receiving the first "Star of Touring Broadway" Award.

Senator Goodwin requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Upon suggestion of Senator Kelly, and without objection, Mayor Cianci is escorted to the rostrum. Mayor Cianci addresses the Senate.

Senators Fogarty, Breene and Flynn present (98-5 3141) Senate Resolution congratulating the Ponaganset Lady Chieftans on capturing the 1997-1998 Rhode Island State Girls Basketball Championship.

Senator Fogarty requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

GUESTS

Upon suggestion of Senator Fogarty, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber members of the Ponaganset Girls Basketball Team: Heather Dandrow, Jennifer Oates, Emily Windsor, Carleen Aubee, Kyla Lyons, Kendra Nerbonne, Jessica Shawver, Erica Thomas, Kaitlyn Fiorenzano, Stephanie Pezzullo, Jenna Plante, Britany Windsor, Head Coach Paul Shawver, and Manager Molly Arico.

CALENDAR

In order for the day is taken up as follows:

2. (98-52481) (Substitute "A" as amended) An Act relating to education.

Committee on Health, Education and Welfare 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 Tuesday, May 19, 1998.

4. (98-52854) (Substitute "A") An Act relating to parole.

Committee on Judiciary 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 Wednesday, May 13, 1998.

7. (98-52088) (Substitute "A" as amended) An Act relating to electricians.

Committee on Labor 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 Tuesday, May 19, 1998.

8. (98-52393) (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.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, May 19, 1998.

9. (98-S2547) An Act relating to chiropractors.

Committee on Health, Education and Welfare recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, May 19, 1998.

10. (98-S2632) 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 Tuesday, May 19, 1998.

11.

(98-S 2420) (Substitute "A") An Act relating to human services certification of child care personnel.

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

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Thursday, May 14, 1998.

12.

(98-S 2482) (Substitute "A") An Act relating to coordination of Children's Services Pilot Program.

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

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, May 19, 1998.

1. (98-S2795) An Act relating to businesses and professions electricians.

Committee on Labor recommends passage.

Senator Ruggerio moves passage, seconded by Senators Celona, Polisena, Goodwin, McDonald and Walton.

The act is read and passed, by unanimous consent, upon a roll call vote with 43 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 43; Senators Algiere, Alves, Badeau, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Cote, Doneian, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, Oster, Paiva Weed, Parella, Patterson, Perry, Polisena Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sos-' nowski, Tavares, Walsh, Walton.

NAYS -0.

3. (98-S2614 as amended) An Act relating to disorderly conduct.

Committee on Judiciary recommends passage as amended.

Upon suggestion of Senator Perry, and without objection, ordered to be placed on the Calendar for Thursday, May 14, 1998.

5. (98-S2477) (Substitute "A") An Act relating to food and drugs uniform controlled substances act.

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

Senator Perry moves passage, seconded by Senators Paiva Weed, Walton, Enos, Roney and others.

Senators Graziano, Coderre, Kells, Alves, Algiere, Paiva Weed and Perry discuss the act.

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, upon a roll call vote with 27 Senators voting in the affirmative and 16 Senators voting in the negative as follows:

YEAS - 27: Senators Algiere, Bates, Blais, Cicilline, Coderre, Enos, Fogarty, Gibbs, Goodwin, Irons, Izzo, Kelly, Lenihan, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Perry, Polisena, Revens, Roberts, Roney, Sasso, Sosnowski, Walsh, Walton.

NAYS - 16: Senators Alves, Badeau, Breene, Caprio, Celona, Cote, Flynn, Graziano, Issa, Kells, McCaffrey, McDonald, Montalbano, Patterson, Raptakis, Tavares.

6. (98-S3037 as amended) An Act relating to state debt reduction.

Committee on Finance recommends passage as amended.

Senator Kelly moves passage, seconded by Senators Enos, Irons, Perry, Oster, Tavares, Lenihan, Polisena, Walsh, Roberts, Patterson, Gibbs, Algiere and many others.

Senator Gibbs, seconded by Senators Walsh, Roberts, Blais, Perry and others, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(98-S 3037 as amended)

Mr. President:

I hereby move to amend (98-5 3037 as amended) entitled "AN ACT RELATING TO STATE DEBT REDUCTION", as follows:

By deleting all underlined language on lines 16 and 17 of page 1, and by inserting the following in place thereof:

"Two (2) persons to be appointed by the speaker of the house of representatives, not more than one of whom are from the same political party, one (1) person to be appointed by the senate majority leader, and one (1) person to be appointed by the senate minority leader."

Respectfully submitted,

JUNE N. GIBBS
Senator, District 48

The motion to amend prevails upon a roll call vote with 41 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS 41: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Cote, Enos, Flynn, Fogarty, Gibbs, Goodwin, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, Oster, Paiva Weed, Parella, Patterson, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Sasso, Sosnowski, Tavares, Walsh, Walton.

NAYS -0.

Senators Revens, Tavares, Alves, Roberts, Kells, Lenihan, Cote, Montalbano, Graziano and Kelly discuss the act.

Upon motion of Senator Kelly, seconded by Senators Gibbs, Lenihan, Enos, Polisena, Tavares and Roberts, read and passed, as amended, by unanimous consent, upon a roll call vote with 41 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 41: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Cote, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Sasso, Sosnowski, Tavares, Walsh, Walton.

NAYS -0.

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 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 Paiva Weed 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, May 13, 1998, at 3:00 o'clock P.M. in Room 211 of the State House.

Also:

Senator Goodwin announces that the Committee on Special Legislation will meet on Wednesday, May 13, 1998, at the rise of the Senate in the Senate Lounge of the State House.

ADJOURNMENT

Upon motion of Senator Kelly, seconded by Senator Algiere, the Senate adjourns at 5:57 o'clock P.M.

RAYMOND T. HOYAS, JR.
Clerk of the Senate

Appendix

INVOCATION
SENATOR PAUL J. TAVARES

Almighty God, touch our minds with light, create in us a clearer insight, a just and true spirit that we may be led to sound conclusions. Grant us mutual trust and good will. Amen.

Appendix

CALENDAR

In order for Wednesday, May 13, 1998:

1. (98-52854) (Substitute "A") An Act relating to parole.

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

2. (98-S3060) An Act relating to dogs animal control ordinances in the town of Narragansett.

Committee on Corporations recommends passage.

3. (98-5 3061) An Act authorizing the town of Westerly to issue bonds and notes to an amount not exceeding$255,000tofinance the construction and expansion of sewers and sewerage systems in the Pickering Drive and Butterfly Drive areas of town.

Committee on Corporations recommends passage.

4. (98-5 3084) An Act authorizing the town of South Kingstown to finance the acquisition of land for and constructing, equipping and furnishing a senior citizen facility and meal site and to issue not more than $1,000,000 bonds therefor.

Committee on Corporations recommends passage.

5. (98-S3086) An Act relating to taxation.

Committee on Corporations recommends passage.

6. (98-5 3087) An Act authorizing the town of South Kingstown to finance the acquisition of land for open space, recreation and agricultural purposes and for the development of a greenway system along the Saugatucket River and to issue not more than $1,100,000 bonds therefor.

Committee on Corporations recommends passage.

7. (98-5 3088) An Act authorizing the town of South Kingstown to finance the acquisition of land for and constructing, equipping and furnishing a middle school and to issue not more than $10,000,000 bonds therefor.

Committee on Corporations recommends passage.

8. (98-5 3089) An Act authorizing the town of South Kingstown to finance public works capital improvement projects and to issue not more than $500,000 bonds therefor.

Committee on Corporations recommends passage.

9. (98-S3091) An Act relating to levy and assessment of local taxes in the town of Jamestown.

Committee on Corporations recommends passage.

10. (98-S3092) An Act relating to levy and assessment of local taxes in the town of Jamestown.

Committee on Corporations recommends passage.

11. (98-S3094) An Act relating to taxation.

Committee on Corporations recommends passage.

12. (98-5 3099) An Act in amendment of sections 1 thru 10 of An Act passed at the January Session, 1930, entitled "An Act to incorporate the Saylesville Fire District in the town of Lincoln" as amended.

Committee on Corporations recommends passage.

13. (98-5 3113) An Act authorizing the city of Newport to finance the construction of an addition to, and the renovation, rehabilitation, improvement, furnishing, and equipping of, the Newport Public Library, including, but not limited to parking facilities, landscaping and to issue not more than $3,000,000 bonds and notes therefor.

Committee on Corporations recommends passage.

Appendix

CALENDAR

In order for Thursday, May 14, 1998:

1. (98-5 2614 as amended) An Act relating to disorderly conduct.

Committee on Judiciary recommends passage as amended.

2. (98-S2420) (Substitute "A") An Act relating to human services - certification of child care personnel.

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

3. (98-5 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.

4. (98-S2485) (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.

5. (98-S2771) (Substitute "A") An Act relating to parks and recreational areas -- persons with disabilities.

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

6. (98-5 3059) Joint Resolution extending the reporting date of the special legislative commission to study mental illness and substance abuse services.

Committee on Special Legislation recommends passage.

7. (98-H 7184 as amended) An Act relating to identification and apprehension of criminals.

Committee on Judiciary recommends passage as amended in concurrence.

Appendix

CALENDAR

In order for Tuesday, May 19, 1998:

1. (98-5 2481) (Substitute "A" as amended) An Act relating to education.

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

2. (98-52088) (Substitute "A" as amended) An Act relating to electricians.

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

3. (98-S2393) (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.

4. (98-S2547) An Act relating to chiropractors.

Committee on Health, Education and Welfare recommends passage.

5. (98-S2632) An Act relating to temporary disability insurance - exemption of certain persons.

Committee on Labor recommends passage.

6. (98-5 2482) (Substitute "A") An Act relating to coordination of Children's Services Pilot Program.

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

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Tuesday, May 12, 1998

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