SENATE JOURNALS - Wednesday, May 20, 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. 52 Wednesday, May 20, 1998 Fifty-second Day

The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Bernard A. Jackvony, at 4:15 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, Cicilllne, Coderre, Connors, Cole, Damiani, 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 - 1; Senator Palazzo.

INVOCATION

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

(See Appendix for Invocation)

PLEDGE OF ALLEGIANCE TO THE FLAG

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

APPROVAL OF RECORD

The Senate Journal of Tuesday, May 19, 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 Kelly, Flynn and Irons, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber John D. Muggeridge, Vice President of Rhode Island Communications, Fidelity Investments.

Upon suggestion of Senator Gibbs, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Joyce Morganthaler, President of the League of Women Voters.

Upon suggestion of Senators Sasso and Izzo, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Helen Abrams of Cranston.

Upon suggestion of Senator Roney, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Gretta Abott.

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 18, 1998, by His Excellency, the Governor:

(98-S 3099 as amended) 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.

JAMES R. LANGEVIN
Secretary of State

Received and ordered to be placed on file.

REPORTS OF COMMITTEE

COMMITTEE ON JUDICIARY

Senator Paiva Weed, from the Committee on Judiciary, reports back, with recommendation of passage of the following measures:

(98-S 3124) An Act relating to solemnization of marriages.

Read and ordered to be placed on the Calendar.

(98-H 7393) (Substitute "A" as amended) An Act relating to health and safety establishing freedom of access to clinic entrances.

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 7979 as amended) An Act relating to health and safety.

Read and referred to the Committee on Corporations.

Also:

(98-H 9109) An Act authorizing the town of Bristol to issue general obligation bonds and notes in anticipation thereof in an amount not to exceed $1,500,000 for the purpose of acquiring, preserving, making improvements to, and restoring certain improved and unimproved property in Bristol, Rhode Island known as Mount Hope.

Read and referred to the Committee on Corporations.

Also:

(98-H 9110) An Act authorizing the town of Bristol to issue general obligation bonds and notes in anticipation thereof in an amount not to exceed $1,830,000 for the purpose of financing construction of additions, renovations and repairs to existing fire stations, the acquisition of fIre and rescue equipment, including rescue and special hazard vehicles and fire engines, and the provision of architectural, engineering, surveying and other services necessary or appropriate therefore.

Read and referred to the Committee on Corporations.

NEW BUSINESS

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

Senator Bates presents (98-S 3156) Joint Resolution making an appropriation of $1,231.45 to pay the claim of Peerless Insurance Company, P.O. Box 5029, Hartford, Connecticut 06102 as subrogee of T.J. Cinnamons et al of Wright Enterprises, Ltd. DBA, 226 County Road, Barrington, Rhode Island 02806.

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

Senators Kelly, Enos, Izzo, Coderre, Perry and others present (98-S 3157) Senate Resolution proclaiming May 20, 1998 to be "Affordable Housing Day in Rhode Island".

Senator Coderre 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 Polisena, Damiani and McBurney present (98-S 3158) Senate Resolution congratulating the Johnston Police Department's Narcotics Unit on their excellent investigation and heroic apprehension of narcotics traffickers on April 9, 1998.

Senator Polisena requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

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

Senators Roberts, O'Leary and Fogarty present (98-S 3159) An Act relating to establishment and extension of gambling activites and other facilities.

Read and referred to the Committee on Special Legislation.

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

Senators Fogarty, Paiva Weed, Cicilline and Roberts present (98-S 3160) An Act relating to gambling.

Read and referred to the Committee on Special Legislation.

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

Senators O'Leary, Roberts and Fogarty present (98-S 3161) An Act relating to gambling activities and other facilities.

Read and referred to the Committee on Special Legislation.

CALENDAR

In order for the day is taken up as follows:

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 desk.

5. (98-H 7180 as amended) An Act relating to health and safety- bicycle helmets.

Ordered on the Calendar.

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

6. (98-H 7577) An Act relating to bicycle helmets.

Ordered on the Calendar.

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

7. (98-H 7605 as amended) An Act relating to motor and other vehicles - school buses.

Ordered on the Calendar.

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

COMMUNICATION

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

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS SENATE CHAMBER

STATEMENT OF POTENTIAL CONFLICT

To the Honorable Senate;

I, John C. Revens, Jr., under oath depose and say;

1. I am a duly elected member of the RhodeIslandSenate.

2. This statement is made in accord with Rhode Island General Law section 36-14-6.

3. In my official capacity, I may be expected or required to vote or participate in the deliberations of bill (98-S 2578) (Substitute "A" as amended), now pending before the Senate or a committee thereof.

4. I request that I be excused from voting, deliberating or taking action on the matter.

5. I do not desire to vote or deliberate because I have a conflict of interest as follows.

The law firm of Revens, Lanni, Revens and St. Pierre has filed a civil complaint against the Registry of Motor Vehicles and others which refers to the unlawful application of the existing statute.

6. This statement is true to the best of my knowledge.

JOHN C. REVENS, JR
Senator, District 18

Subscribed and sworn to before me this 20th day of May, 1998.

RAYMOND T. HOYAS, JR.
Notary Public

Ordered to be placed on fIle.

CALENDAR

1. (98-22578) (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.

Senator Cicilline moves passage, seconded by Senators Polisena, Nygaard, Walsh, Damiani, Paiva Weed and others.

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, 0 Senators voting in the negative and 1 Senator abstaining as follows:

YEAS 48: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, 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, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

ABSTAINED - I; Senator Revens.

COMMUNICATION

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

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS SENATE CHAMBER

STATEMENT OF POTENTIAL CONFLICT

To the Honorable Senate;

I, Catherine E. Graziano, under oath depose and say;

1. I am a duly elected member of the Rhode Island Senate.

2. This statement is made in accord with Rhode Island General Law section 36-14-6.

3. In my official capacity, I may be expected or required to vote or participate in the deliberations of bill (98-S 3120), now pending before the Senate or a committee thereof.

4. I request that I be excused from voting, deliberating or taking action on the matter.

5. This statement is true to the best of my knowledge.

CATHERINE E. GRAZIANO
Senator, District 5

Subscribed and sworn to before me this 20th day of May, 1998.

RAYMOND T. HOYAS, JR.
Notary Public

Ordered to be placed on fIle.

CALENDAR

2. (98-2 3120) Senate Resolutibn 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.

Senator Polisena moves passage, seconded by Senators Goodwin, Damiani, Roney, Cicilline and others.

Senator Graziano discusses the act.

The resolution is read and passed, by unanimous consent, upon a roll call vote with 41 Senators voting in the affIrmative, 0 Senators voting in the negative and 1 Senator abstaining as follows:

YEAS - 41; Senators Algiere, Badeau, Bates, Blais, Breene, Caprio, Cicilline, Coderre, Connors, Cote, Damiani, DoneIan, Enos, Flynn, Fogarty, Goodwin, Irons, Izzo, Kells, Kelly, Lenihan, McBurney, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Patterson, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walsh, Walton.

NAYS -0.

ABSTAINED - 1; Senator Graziano.

4. (98-S 2596) (Substitute "A") An Act relating to gambling and lotteries.

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

Senator Coderre moves passage, seconded by Senators Connors and Ruggerio.

The bill marked Substitute "A" is read and passed, and the original bill indefInitely postponed, by unanimous consent, upon a roll call vote with 44 Senators voting in the affIrmative and 0 Senators voting in the negative as follows:

YEAS - 44; Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Paiva Weed, Parella, Patterson, Perry, Polisena, Raptakis, Revens, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, 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 Irons announces that the Committee on Corporations will meet on Thursday, May 21, 1998, at 3:00 o'clock P.M. in Room 212 of the State House.

Also:

Senator Lenihan announces that the Committee on Finance will meet today at 5:30 o'clock P.M. in Room 35 of the State House.

Also:

Senator Paiva Weed announces that the Committee on Judiciary will meet on Thursday, May 21, 1998, at 3:00 o'clock P.M. in Room 313 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.

ADJOURNMENT

Upon motion of Senator Kelly, seconded by Senator Algiere, the Senate adjourns at 4:36 o'clock P.M.

RAYMOND T. HOYAS, JR.
Clerk of the Senate

Appendix

INVOCATION
SENATOR JONATHAN F. OSTER
O Heavenly Father, We thank you for the privilege of serving in this Assembly. We promise to do the people's work to the best of our ability, with all the insight and foresight that we could apply.

Appendix

CALENDAR

In order for Thursday, May 21, 1998:

1. (98-22393) (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.

Appendix

CALENDAR

In order for Tuesday, May 26, 1998:

1. (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.

2. (98-S 2547) An Act relating to chiropractors.

Committee on Health, Education and Welfare recommends passage.

3. (98-S 2632) An Act relating to temporary disability insurance- exemption of certain persons.

Committee on Labor recommends passage.

4. (98-S2482) (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".

5. (98-S 3124) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage.

6. (98-H 7393) (Substitute "A" as amended) An Act relating to health and safety - establishing freedom of access to clinic entrances.

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

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Wednesday, May 20, 1998

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