SENATE JOURNALS - Wednesday, May 27, 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. 55 Wednesday, May 27, 1998 Fifty-fifth Day

Volume 125, No. 55 Wednesday, May 27, 1998 Fifty-fifth Day The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Bernard A. Jackvony, at 4:04 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, Doneian, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sos-' nowsl:i, Tavares, Walaska, Walsh, Walton.

ABSENT - 1: Senator Damiani.

INVOCATION

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

(See Appendix for Invocation)

PLEDGE OF ALLEGIANCE TO THE FLAG

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

CORRECTION

The Senate Journal of Tuesday, May 26, 1998, shall be corrected as follows:

CONGRATULATIONS

Senator Algiere extends congratulations to His Honor, the Lieutenant Governor, on receiving the Suffolk University School of Law's 1998 Alumni of the Year Award.

APPROVAL OF RECORD

The Senate Journal of Tuesday, May 26, 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 corrected.

GUEST

Upon suggestion of Senator Irons, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Greg Costa, State Liaison, National Rifle Association.

APPOINTMENT BY THE GOVERNOR

His Honor, the Lieutenant Governor, presents the following communication from His Excellency, the Governor, transmitting the following appointment and requesting the advice and consent of the Senate thereto:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS EXECUTIVE CHAMBER, PROVIDENCE

Lincoln Almond
Governor

May 22, 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:

B. Michael Rauh, Jr. of Narragansett
VICE
Karen D. Mensel

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.

REPORTS OF COMMITTEES

COMMITTEE ON JUDICIARY

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

(98-H 7278) (Substitute "A") An Act relating to municipal detention facilities.

Read and ordered to be placed on the Calendar.

(98-H 7390) An Act relating to payment of fines.

Read and ordered to be placed on the Calendar.

(98-H 7541) An Act relating to criminal procedure - victim's rights.

Read and ordered to be placed on the Calendar.

(98-H 7585) An Act relating to criminal offenses crime against nature.

Read and ordered to be placed on the Calendar.

(98-H 8009) An Act relating to public utilities.

Read and ordered to be placed on the Calendar.

COMMITTEE ON LABOR

Senator Badeau, from the Committee on Labor, reports back, with recommendation of passage of the following measures:

(98-H 7202 as amended) An Act relating to labor.

Read and ordered to be placed on the Calendar.

(98-H 7310) (Substitute "A") An Act relating to labor and labor relations.

Read and ordered to be placed on the Calendar.

(98-H 7516) An Act relating to labor and labor relations.

Read and ordered to be placed on the Calendar.

(98-H 7752) An Act relating to labor wages.

Read and ordered to be placed on the Calendar.

(98-H 8042) (Substitute "A") An Act relating to labor and labor relations.

Read and ordered to be placed on the Calendar.

(98-H 8083) (Substitute "A") An Act relating to the Rhode Island school-to-work transition act of 1996.

Read and ordered to be placed on the Calendar.

(98-H 8325 as amended) An Act relating to employment security- reasonable assurance.

Read and ordered to be placed on the Calendar.

(98-H 8720) An Act relating to labor - employment security.

Read and ordered to be placed on the Calendar.

(98-H 8892) An Act relating to sexual harassment, education and training in the workplace.

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 (by request) (98-S 3167) Senate Resolution respectfully requesting that the Department of Administration compensate Department of Environmental Management workers for cleanup work done during the North Cape oil spill.

Read and referred to the Committee on Special Legislation.

Senators Patterson and Lenihan present (98-S 3168) Senate Resolution requesting the Governor and the Department of Environmental Management to close the Dry Bridge Landfill in North Kingstown until all odor violations are corrected.

Senator Patterson requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

CALENDAR

In order for the day is taken up as follows:

1. (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 cc Substitute A as amended.

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

2. (98-S2847) (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".

Senator Enos moves passage, seconded by Senators Cote, Ruggerio, Graziano, Alves, Izzo and others.

The bill marked Substitute "A" is read and passed, 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, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Doneian, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowsl:i, Tavares, Walasl:a, Walsh, Walton.

NAYS -0.

3. (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.

Senator Roberts moves passage, seconded by Senators Roney, Walsh, Graziano, Irons, Goodwin, Walton and others.

Senators Issa and Roberts discuss the act.

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 47 Senators voting in the affi.rmative and 0 Senators voting in the negative as follows:

YEAS - 47: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Codette, Connors, Cote, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptal:is, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowsl:i, Tavares, Walaska, Walsh, Walton.

NAYS -0.

4. (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 in concurrence.

Senator Izzo moves passage, seconded by Senators Celona, Nygaard, Fogarty and others.

The bill marked Substitute cc read and passed, in concurrence, and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 42 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 42: Senators Algiere, Alves, Badeau, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Donelan, Enos, Fogarty, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Paiazzo, Parella, Patterson, Perry, Polisena, Raptakis, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walsh, Walton.

NAYS -0.

5. (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.

Senator Izzo moves passage, seconded by Senators Celona, Graziano and others.

Senators Paiva Weed, Izzo and Irons discuss the act.

The act is read and passed, as amended, in concurrence, by unanimous consent, upon a roll call vote with 47 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 47: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Donelan, 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, Raptal:is, Revens, Roberts, Ruggerio, Sasso, Sosnowski, Tavares, Walasl:a, Walsh, Walton.

NAYS -0.

6. (98-H 7640) An Act relating to state affairs and government- Children's Cabinet.

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

Upon suggestion of Senator Blais, and without objection, ordered to be placed on the Calendar for Tuesday, June 2, 1998.

7. (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.

Senator Izzo moves passage, seconded by Senators Nygaard, Gibbs, Palazzo and Roberts.

The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 47 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

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

NAYS -0.

8. (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 in concurrence.

Senator Izzo moves passage, seconded by Senators Celona, Caprio, McBurney and others.

The bill marked Substitute cc read and passed, in concurrence, and the original bill indefinitely postponed, upon a roll call vote with 43 Senators voting in the affirmative and 3 Senators voting in the negative as follows:

YEAS - 43: Senators Algiere, Alves, Badeau, Bates, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Donelan, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walsh, Walton.

NAYS - 3: Senators Flynn, Kells, Walaska.

9. (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.

Senator Alves suggests that the act is not properly before the Senate, and that it should be transferred to the Joint Committee on Highway Safety.

Senator Enos objects.

Senator Fogarty is recognized on a point of order.

His Honor, the Lieutenant Governor, rules the act is properly before the Senate.

Senator Izzo moves passage, seconded by Senators Sosnowski, Roberts, Roney, Patterson, Parella, Walton, Perry and others.

The act is read and passed, as amended, in concurrence, 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, Badeau, Bates, Blais, Caprio, Celona, Cicilline, Connors, Cote, Donelan, 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, Raptal:is, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

TRANSMITTAL

By unanimous consent, all Senate matters, and all House matters that have been amended by the Senate, 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 Paiva Weed announces that the Committee on Judiciary will meet on Thursday, May 28, 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.

Also:

Senator Goodwin announces that the Committee on Special Legislation will meet today at the rise of the Senate in the Senate Lounge of the State House.

ADJOURNMENT

Upon motion of Senator Enos, seconded by Senator Algiere, the Senate adjourns at 4:34 o'clock P.M.

RAYMOND T. HOYAS, JR.
Clerk of the Senate

Appendix

INVOCATION
SENATOR M. TERESA PAIVA WEED

Almighty Father, strengthen our awareness of Thy presence not only in the time of prayer, but also in the hours of work. Amen.

Appendix

CALENDAR

In order for Thursday, May 28, 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 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".

3. (98-S 2439) (Substitute "A") An Act relating to courts and civil procedure - language interpreters.

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

Appendix

CALENDAR

In order for Tuesday, June 2, 1998:

1. (98-H 7640) An Act relating to state affairs and government- Children's Cabinet.

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

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-H 7278) (Substitute cc An Act relating to municipal detention facilities.

Committee on Judiciary recommends indefinite postponement of the original bill and passage of cc Substitute A in concurrence.

5. (98-H 7390) An Act relating to payment of fines.

Committee on Judiciary recommends passage in concurrence.

6. (98-H 7541) An Act relating to criminal procedure - victim's rights.

Committee on Judiciary recommends passage in concurrence.

7. (98-H 7585) An Act relating to criminal offenses - crime against nature.

Committee on Judiciary recommends passage in concurrence.

8. (98-H 8009) An Act relating to public utilities.

Committee on Judiciary recommends passage in concurrence.

9. (98-H 7202 as amended) An Act relating to labor.

Committee on Labor recommends passage as amended in concurrence.

10. (98-H 7310) (Substitute cc An Act relating to labor and labor relations.

Committee on Labor recommends indefinite postponement of the original bill and passage of cc Substitute A in concurrence.

11. (98-H 7516) An Act relating to labor and labor relations.

Committee on Labor recommends passage in concurrence.

12. (98-H 7752) An Act relating to labor -wages.

Committee on Labor recommends passage in concurrence.

13. (98-H 8042) (Substitute cc An Act relating to labor and labor relations.

Committee on Labor recommends indefinite postponement of the original bill and passage of cc Substitute A in concurrence.

14. (98-H 8083) (Substitute cc A,>) An Act relating to the Rhode Island school-to-work transition act of 1996.

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

15. (98-H 8325 as amended) An Act relating to employment security- reasonable assurance.

Committee on Labor recommends passage as amended in concurrence.

16. (98-H 8720) An Act relating to labor -employment security.

Committee on Labor recommends passage in concurrence.

17. (98-H 8892) An Act relating to sexual harassment, education and training in the workplace.

Committee on Labor recommends passage in concurrence.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Wednesday, May 27, 1998

As always, your comments concerning this page are welcomed and appreciated.

Thank you for stopping by!