SENATE JOURNALS - Thursday, May 21, 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. 53 Thursday, May 21, 1998 Fifty-third Day

The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Bernard A. Jackvony, at 4:13 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, Doneian, 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, Rantakis, Revens, Roberts, Roney, Rug~erio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

ABSENT - 1: Senator Montalbano.

INVOCATION

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

(See Appendix for Invocation)

PLEDGE OF ALLEGIANCE TO THE FLAG

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

APPROVAL OF RECORD

The Senate Journal of Wednesday, May 20, 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.

CONGRATULATIONS AND BEST WISHES

Senator Kelly extends congratulations and best wishes to William Fischer, Director of Communications for the Rhode Island State Senate, as he departs from state service to serve as campaign manager for Democratic Attorney General Candidate and former United States Attorney Sheldon Whitehouse.

Senator Kelly pays tribute to Bill Fischer for his outstanding service to the Senate and to the people of the State of Rhode Island. His contributions to the Senate will be long remembered as will his dedication and commitment to all he served. The entire Senate joins in wishing him all the best as he tackles new endeavors with the passion and enthusiasm that embodies him. We wish him well.

GUESTS

Upon suggestion of Senators O'Leary, Walton, Cicilline, Sosnowski, Graziano, Parella, Kells and Coderre, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber members of the Adult Literacy Commission, Sr. Marlene Laliberte, Genesis Center; Bill Shuey, Dee Dee Messinger and Terri Couston, International Institute; Frank Symonds, LVA and new student organization VALVE; Janet Isserlis, Literacy Resources, Rhode Island; David Rosen, Adult Literacy Institute, Boston; Mary Reilly, Dorcas Place; Ed Tomasso, LVA; Susan Grislis, LV, NRI; and Louise Moulton, PPL.

Upon suggestion of Senator Izzo, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Quenlin Young, MD, President of the American Public Health Association.

Upon suggestion of Senator Coderre, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Christopher A. Butler, former City Councilman from Pawtucket, and Hugh D. Minor, Director of the Americorps Partners in Learning Program.

Upon suggestion of Senator Celona, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Carl Capozza.

FROM THE

HOUSE OF REPRESENTATIVES

A message from the House of Representatives transmits with announcement of passage: (98-H 9115) An Act to vacate the forfeiture or revocation of the charter of the Artillery Company of Providence.

Read and ordered to be placed on the Consent Calendar.

Also:

(98-H 8338) (Substitute "A") An Act relating to sales and use tax.

Read and referred to the Committee on Finance.

Also:

(98-H 7312) Joint Resolution calling upon the governments of Kuwait, the United States of America and the state of Rhode Island to form a state relationship between Rhode Island and Kuwait.

Read and referred to the Committee on Special Legislation.

Also:

(98-H 9030) An Act relating to establishment and extension of gambling.

Read and referred to the Committee on Special Legislation.

REPORTS OF COMMITTEES TRANSFER OF BILL

Senator Izzo, from the Committee on Health, Education and Welfare, in accordance with Senate Rule 6.14, moves to transfer the following bill from the Committee on Health, Education and Welfare to the Committee on Corporations: (98-H 7120) (Substitute "A") An Act relating to towns and cities low and moderate income housing.

Read and referred to the Committee on Corporations.

COMMITTEE ON CORPORATIONS

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

(98-S 2847) (Substitute An Act relating to businesses and professions - oriental medicine.

Read and ordered to be placed on the Calendar.

COMMITTEE ON JUDICIARY

Senator Paiva Weed, from the Committee on Judiciary, reports back, with recommendation that confirmation of the Senate be given to the following:

Appointment of Constance Bumgarner Gee of Providence VICE Reverand Ronald E. Brassard to the Rhode Island State Council on the Arts, for a term expiring March 1, 2001.

Read and ordered to be placed on the Consent Calendar.

Appointment of Robert A. Antignano of Cranston VICE Peter Menzi (resigned) to the Economic Development Corporation for a term expiring February 1, 2000.

Read and ordered to be placed on the Consent Calendar.

COMMITTEE ON
HEALTH, EDUCATION AND WELFARE

Senator Izzo, from the Committee on Health, Education and Welfare, reports back, with recommendation of passage of the following measures:

(98-H 7200) (Substitute "A" as amended) An Act relating to education - establishing a right to a safe school for higher education.

Read and ordered to be placed on the Calendar.

(98-H 7386) (Substitute "A") An Act relating to health and safety - vital records.

Read and ordered to be placed on the Calendar.

(98-H 8096) (Substitute "A") An Act relating to education- voter registration.

Read and ordered to be placed on the Calendar.

(98-H 7696) Joint Resolution amending the permanent legislative Commission on Child Care in Rhode Island.

Read and ordered to be placed on the Calendar.

(98-H 7640) An Act relating to state affairs and government- Children's Cabinet.

Read and ordered to be placed on the Calendar.

(98-H 7630 as amended) Joint Resolution memorializing Congress to implement a national data bank documenting persons convicted of child abuse/neglect.

Read and ordered to be placed on the Calendar.

(98-H8952 as amended) An Act relating to motor and other vehicles- operation of bicycles.

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.

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

Senator Tavares presents (98-S 3162) An Act relating to levy and sale on execution.

Read and referred to the Committee on Finance.

Senators Kelly and Algiere present (98-S 3163) Senate Resolution extending congratulations.

Senator Kelly requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senators Revens, McCaffrey, Donelan and Walaska present (98-S 3164) An Act relating to taxation city of Warwick.

Read and referred to the Committee on Corporations.

CALENDAR

In order for the day is taken up as follows:

1. (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. Senator Lenihan moves passage, seconded by Senators Kelly, Paiva Weed, Goodwin, Tavares, Connors, Cicilline, Kells, Oster, Irons, McDonald, Fogarty, Graziano, Walsh, Raptakis, Roberts, Roney, Sosnowski, Celona, Izzo, Nygaard, Parella, Bates, Algiere and many others.

Senator Lenihan, seconded by Senators Polisena, Kells, Cicilline, McBurney, Roberts, Roney and others, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(98-S 2393) (Substitute "A" as amended)

Mr. President:

I hereby move to amend (98-S 2393) (Substitute "A" as amended) entitled "AN ACT RELATING TO PUBLIC RECORDS", as follows:

1. On page 4, line 8, insert the following words after the word "public" : "except as otherwise exempted from disclosure under sections 38-2-2 (4)(i)(A)(1) and 38-2-2 (4)(i)(E)".

2. On page 4, line 21, insert the following words after the word bodies : ", with the exception of law enforcement agencies,".

3. On page 5, delete lines 14 through 17 and insert in lieu thereof the following language:

"(ii) However, any reasonably segregable portion of a public record excluded by this section shall be available for public inspections after the deletion of the information which is the basis of the exclusion, if disclosure of the segregable portion does not violate the intent of this section. the chief administrative officer of the public body shall make available for public inspection reasonable segregable portions of a document excluded by this section if disclosure of the segregable portion does not violate the intent of this section. If the chief administrative officer determines that reasonable segregation is not possible, the officer shall not make the document public but shall make public a description of the document sufficient to identify it."

4. On page 6, line 1, delete the section number "45-36-2" and insert in lieu thereof the section number "42-36-2".

5. On page 7, lines 6 and 7, delete the sentence which reads, "Except for good cause shown, any reason not specifically set forth in the denial shall be deemed waived by the public body."

6. On page 7, line 15, insert the following sentence after the period (.): "Except for good cause shown, any reason not specifically set forth in the final determination shall be deemed waived by the public body."

7. On page 8, delete 3 through 5 and insert in lieu thereof the following language: "38-2- 14". ~~FINANCIAL INFORMATION RELATING TO SETTLEMENT OF LEGAL CLAIMS.~~ - INFORMATION RELATING TO SETTLEMENT OF LEGAL CLAIMS.-- ~~Records reflecting the settlement by public bodies~~ Settlement agreements of any legal claims against a governmental entity shall be deemed public records."

Respectfully submitted,

J. MICHAEL LENIHAN
Senator, District 22

Senators Lenihan, Graziano, Issa and Blais discuss the amendment.

The motion to amend prevails 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, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Doneian, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Nygaard O'Leary, Oster, Paiva Weed, Parella, Patterson, Polisena' Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sos! nowski, Tavares, Walaska, Walsh, Walton.

NAYS -O.

Senators Lenihan, Blais, Flynn, Polisena, Patterson, Ruggerio, Graziano, Kells, Paiva Weed, Roney and Raptakis discuss the act.

Upon motion of Senator Lenihan, seconded by Senators Paiva Weed, Cicilline, Kells, Sasso, Celona, Walsh and others, the bill marked Substitute cc read and passed, as amended, and the original bill indefinitely postponed, 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, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Doneian, 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 -O.

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 today at the rise of the Senate in Room 212 of the State House.

Also:

Senator Polisena announces that the Committee on Judiciary will meet today at the rise of the Senate in Room 313 of the State House.

ADJOURNMENT

Upon motion of Senator Kelly, seconded by Senator Algiere, the Senate adjourns at 5:04 o'clock P.M.

RAYMOND T. HOYAS, JR.
Clerk of the Senate

Appendix

INVOCATION
SENATOR JOSEPH M. POLISENA

We ask, you, Lord, to show us in this chamber our place, define our duties, direct our energies, and guide us as we work. Amen.

Appendix

CONSENT CALENDAR

In order for Tuesday, May 26, 1998:

1. Appointment of Constance Bumgarner Gee of Providence VICE Reverand Ronald E. Brassard to the Rhode Island State Council on the Arts, for a term expiring March 1, 2001.

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

2. Appointment of Robert A. Antignano of Cranston VICE Peter Menzi (resigned) to the Economic Development Corporation for a term expiring February 1, 2000.

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

3. (98-H 9115) An Act to vacate the forfeiture or revocation of the charter of the Artillery Company of Providence.

Ordered on the Consent Calendar.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Thursday, May 21, 1998

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

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.

Appendix

CALENDAR

In order for Wednesday, May 27, 1998:

1. (98-S 2847) (Substitute "A") An Act relating to businesses and professions - oriental medicine.

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

2. (98-H 7200) (Substitute "A" as amended) An Act relating to education - establishing a right to a safe school for higher education.

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

3. (98-H 7386) (Substitute"A") An Act relating to health and safety - vital records.

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

4. (98-H 7630 as amended) Joint Resolution memorializing Congress to implement a national data bank documenting persons convicted of child abuse/neglect.

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

5. (98-H 7640) An Act relating to state affairs and government- Children's Cabinet.

Committee on Health, Education and Welfare recommends passage in concurrence.

6. (98-H 7696) Joint Resolution amending the permanent legislative Commission on Child Care in Rhode Island.

Committee on Health, Education and Welfare recommends passage in concurrence.

7. (98-H 8096) (Substitute "A") An Act relating to education- voter registration.

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

8. (98-H 8952 as amended) An Act relating to motor and other vehicles - operation of bicycles.

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

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Thursday, May 21, 1998

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