SENATE JOURNALS - Thursday, May 14, 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. 50 Thursday, May 14, 1998 Fiftieth Day

The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Bernard A. Jackvony, at 4:28 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, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowgki, Tavares, Walaska, Walsh, Walton.

ABSENT - 3: Senators Connors, Damiani, Kells.

INVOCATION

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

(See Appendix for Invocation)

PLEDGE OF ALLEGIANCE TO THE FLAG

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

APPROVAL OF RECORD

The Senate Journal of Wednesday, May 13, 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.

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

May 6, 1998 To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 42-75-2 of the Rhode Island General Laws, I have made the following appointment to the Rhode Island State Council on the Arts:

Madelyn T. LaPlume of Narragansett
VICE
Joyce Gref-Cotoia

for a term expiring March I, 2001.

To this appointment, 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

May 6, 1998 To the Honorable, the Senate;

I have the honor to inform you that in accordance with the provisions of Section 42-75-2 of the Rhode Island General Laws, I have made the following appointment to the Rhode Island State Council on the Arts:

Constance Bumgarner Gee of Providence
VICE
Reverend Ronald E. Brassard

for a term expiring March 1, 2001.

To this appointment, 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

May 6,1998

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 42-75-2 of the Rhode Island General Laws, I have made the following reappointment to the Rhode Island State Council on the Arts:

Barbara Levine of Providence

for a term expiring March 1, 2001.

To this reappointment, I request your advice and consent.

Sincerely,

LINCOLN ALMOND
Governor

Read and referred to the Committee on Judiciary.

REPORTS OF COMMITTEE

COMMITTEE ON SPECIAL LEGISLATION

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

(98-S 3072) Senate Resolution memorializing Congress to pass the IPS technical corrections act.

Read and ordered to be placed on the Consent Calendar.

(98-S 3101) Senate Resolution extending the reporting date of the special Senate commission to study the work of the Senate and to make appropriate recommendations.

Read and ordered to be placed on the Consent Calendar.

(98-S 3120) Senate Resolution reinstating the life of and extending the reporting and expiration dates of the special Senate commission to study the impact of nursing staffing in licensed health care facilities in Rhode Island.

Read and ordered to be placed on the Consent Calendar.

(98-S 3123) Senate Resolution proclaiming August 1, 1998 and each year thereafter Francis Scott Hey Day.

Read and ordered to be placed on the Consent Calendar.

(98-S 2596) (Substitute "A") An Act relating to gambling and lotteries.

Read and ordered to be placed on the Calendar.

FROM THE

HOUSE OF REPRESENTATIVES

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

(98-H 8866) (Substitute "A") An Act relating to harbors and harbor lines.

Senator Algiere requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator Algiere, seconded by Senators Blais and Enos, and by unanimous consent, the bill marked Substitute "A" is read and passed, in concurrence, and the original bill indefinitely postponed, under suspension of the rules, 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, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Cote, Donelan, Enos, Flynn, Fogarty, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptal;is, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

Also:

(98-H 7590) (Substitute "A" as amended) An Act relating to insurance coverage - genetic testing.

Read and referred to the Committee on Corporations.

Also:

(98-H 7977 as amended) An Act relating to public utilities and carriers - duties of utilities and carriers.

Read and referred to the Committee on Corporations.

Also:

(98-H 8024) (Substitute "A") An Act relating to insurance drug coverage.

Read and referred to the Committee on Corporations.

Also:

(98-H 8185) (Substitute "A") Joint Resolution creating a special legislative commission to study permitting provider-sponsored health care networks to contract directly for health care services.

Read and referred to the Committee on Corporations.

Also:

(98-H 8916) An Act relating to the city of Warwick - sewer authority.

Read and referred to the Committee on Corporations.

Also:

(98-H 8993) An Act relating to the town of Burrillville - home rule charter - elections.

Read and referred to the Committee on Corporations.

Also:

(98-H 7888) (Substitute "A" as amended) An Act relating to access to public records.

Read and referred to the Committee on Judiciary.

Also:

(98-H 8364) An Act relating to real estate -titles.

Read and referred to the Committee on Judiciary.

Also:

(98-H 7180 as amended) An Act relating to health and safety- bicycle helmets.

Read and ordered to be placed on the Calendar.

Also: (98-H 7577) An Act relating to bicycle helmets. Read and ordered to be placed on the Calendar.

Also:

(98-H 7605 as amended) An Act relating to motor and other vehicles - school buses.

Read and ordered to be placed on the Calendar.

NEW BUSINESS

Senators McDonald, Oster and Tavares present (98-S 3142) Senate Resolution extending condolences on the passing of Clarence C. Pell.

Senator McDonald requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senators McDonald and Tavares present (98-S 3147) Senate Resolution extending condolences on the passing of Harold Kopp.

Senator McDonald requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator McDonald, seconded by 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:

2. (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 Tuesday, May 19, 1998.

3. (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.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Wednesday, May 20, 1998.

5. (98-S 2771) (Substitute cc 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".

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

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

Committee on Judiciary recommends passage as amended in concurrence.

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

4. (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".

Senator Gibbs moves passage, seconded by Senators Blais, Algiere, Breene, Flynn, Enos, Roney, Tavares and Palazzo.

Senators Issa, Gibbs, Walsh and Roney discuss the act.

The bill marked Substitute cc read and passed, and the original bill indefinitely postponed, 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, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Cote, DoneIan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptal;is, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

6. (98-S 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.

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

1. (98-S 2614 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 Tuesday, May 19, 1998.

FROM THE DESK

Upon suggestion of Senator Enos, and without objection, the following act is removed from the desk and ordered to be placed on the Calendar for Tuesday, May 19, 1998:

(98-S 3107) An Act relating to motor vehicles.

Ordered to be placed on the Calendar.

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 Tavares announces that the Committee on Corporations will meet today at the rise of the Senate in Room 212 of the State House.

ADJOURNMENT

Upon motion of Senator Kelly, seconded by Senator Algiere, and upon suggestion of Senator Alves, the Senate adjourns at 5:00 o'clock P.M., on a unanimous rising vote, as a further mark of respect to the memory of Tracey A. McGuire of Pawtucket, step-daughter of former Senator John Sabatini.

RAYMOND T. HOYAS, JR.
Clerk of the Senate

Appendix

INVOCATION
SENATOR MARYELLEN GOODWIN
Heavenly Father, we thank you for giving us your inspiration to help promote peace for our Rhode Island constituents, whom we have been elected to serve. May we implement our ideas for justice today, remembering that it will be our actions today, and not our dreams for the future, which will make a difference. Amen.

Appendix

CONSENT CALENDAR

In order for Tuesday, May 19, 1998:

1. (98-S 3072) Senate Resolution memorializing Congress to pass the IPS technical corrections act.

Committee on Special Legislation recommends passage.

2. (98-S 3101) Senate Resolution extending the reporting date of the special Senate commission to study the work of the Senate and to make appropriate recommendations.

Committee on Special Legislation recommends passage.

3. (98-S 3120) Senate Resolution reinstating the life of and extending the reporting and expiration dates of the special Senate commission to study the impact of nursing staffing in licensed health care facilities in Rhode Island.

Committee on Special Legislation recommends passage.

4. (98-S 3123) Senate Resolution proclaiming August 1, 1998 and each year thereafter Francis Scott Key Day.

Committee on Special Legislation recommends passage.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Thursday, May 14, 1998

Appendix

CALENDAR

In order for Tuesday, May 19, 1998:

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

Committee on Judiciary recommends passage as amended.

2. (98-S 2420) (Substitute cc 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-S 2771) (Substitute cc 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".

4. (98-S 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.

5. (98-S 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.

6. (98-S2088) (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.

7. (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.

8. (98-S 2547) An Act relating to chiropractors.

Committee on Health, Education and Welfare recommends passage.

9. (98-S 2632) An Act relating to temporary disability insurance - exemption of certain persons.

Committee on Labor recommends passage.

10. (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

11. (98-S 2266) (Substitute "A") Senate Resolution creating a special legislative commission to study the cost, desirability and feasibility of the state's funding the professional development of teacher assistants.

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

12. (98-S2578) (Substitute A as amended) An Act relating to motor and other vehicles.

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

13. (98-S 2697) (Substitute A as amended) An Act relating to divorce and separation.

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

14. (98-S 3096) (Substitute A as amended) An Act relating to miscellaneous fines.

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

15. (98-H 7898) An Act relating to alcoholic beverages - identification cards.

Committee on Finance recommends passage in concurrence.

16. (98-S 3107) An Act relating to motor vehicles. Ordered on the Calendar.

Appendix

CALENDAR

In order for Wednesday, May 20, 1998:

1. (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.

2. (98-S2596) (Substitute "A") An Act relating to gambling and lotteries.

Committee on Special Legislation recommends indefinite postponement of the original bill and passage of Substitute cc

3. (98-H 7180 as amended) An Act relating to health and safety- bicycle helmets. Ordered on the Calendar.

4. (98-H 7577) An Act relating to bicycle helmets. Ordered on the Calendar.

5. (98-H 7605 as amended) An Act relating to motor and other vehicles - school buses. Ordered on the Calendar.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Thursday, May 14, 1998

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