SENATE JOURNALS - Tuesday, April 7, 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. 37 Tuesday, April 7, 1998 Thirty-seventh Day

The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Bernard A. Jackvony, at 4:20 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, Connors, Cote, Damiani, 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, Revens Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

ABSENT - 3: Senators Donelan, Palazzo, Raptakis.

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

(See Appendix for Invocation)

PLEDGE OF ALLEGIANCE TO THE FLAG
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Ruggerio, to lead the Senate in the pledge of allegiance to the flag.

GUESTS

Upon suggestion of Senators Coderre and Sosnowski, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber several guests who are here as part of University of Rhode Island Day at the State House, Daryl Finizio, Student Body President and recipient of the prestigious Truman Scholarship as recently recognized in a very flattering Providence Journal article, Ron Schein, External Affairs Chair, Anna Zelinski, External Affairs Committee Member and Jeffrey Resch, Student Senator.

Upon suggestion of Senators Paiva Weed and Parella, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Elizabeth "Betsy" Alison of Newport, Kristan McClintock and Diana "Dini" Hall of Bristol.

Upon suggestion of Senators Irons, Tavares and Damiani, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Frank Rego of Rumford, a member of the 41st Democratic Senatorial Committee and Past Chairman of the East Providence Ward One Democratic Committee.

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

April 6, 1998

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 16-59.2 of the Rhode Island General Laws, I have made the following appointment to the Board of Governors for Higher Education:

The Honorable Francis X. Flaherty of Warwick
VICE
The Honorable Patricia Hayward

for a term expiring January 31, 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

April 6, 1998

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Article 10, Section 4 of the Rhode Island Constitution, entitled Judicial Selection, I have made the following appointment as Associate Justice of the Rhode Island District Court:

Madeline Quirk of Cranston
VICE
O. Rogeriee Thompson
(Appointed Associate Justice
of the Rhode Island Superior Court)

To this appointment, I request your advice and consent.

Sincerely,

LINCOLN ALMOND
Governor

Read and referred to the Committee on Judiciary.

EFFECTIVE WITHOUT
THE SIGNATURE OF THE GOVERNOR

His Honor, the Lieutenant Governor, presents an announcement of the receipt by the Secretary of State of the following measure which became effective without the signature of His Excellency, the Governor on April 3, 1998;

(98-S 2043) An Act reinstating and restoring forfeited or revoked corporate charters.

JAMES R. LANGEVIN
Secretary of State

Received and ordered to be placed on file.

FROM THE
HOUSE OF REPRESENTATIVES

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

(98-H 7628) An Act relating to health and safety.

Read and referred to the Committee on Health, Education and Welfare.

Also:

(98-H 8311) (Substitute "A") An Act relating to state affairs and government - confidentiality of records.

Read and referred to the Committee on Health, Education and Welfare.

Also:

(98-H 8862) An Act relating to taxation.

Read and referred to the Committee on Corporations. Read and referred to the Committee on

Also:

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

Read and referred to the Committee on Health, Education and Welfare.

Also:

(98-H 8304 as amended) An Act relating to the Health and Educational Building Corporation.

Read and referred to the Committee on Health, Education and Welfare.

Also:

(98-H 8088 as amended) An Act relating to health and safety- long term care.

Read and referred to the Committee on Health, Education and Welfare.

Also:

(98-H 8252) An Act relating to insurance,

Read and referred to the Committee on Corporations.

Also:

(98-H 7818) An Act relating to residency - Woonsocket.

Read and referred to the Committee on Corporations.

Also:

(98-H 7117) An Act relating to motor and other vehicles - special stops required.

Read and referred to the Committee on Judiciary.

Also:

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

Also:

(98-H 7499) An Act relating to criminal procedure - bounty hunters.

Read and referred to the Committee on Judiciary.

Also:

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

Read and referred to the Committee on Judiciary.

Also:

(98-H 7890) An Act relating to courts and civil procedure- courts.

Read and referred to the Committee on Judiciary.

Also:

(98-H 8310) An Act relating to judicial selection.

Read and referred to the Committee on Judiciary.

REPORTS OF COMMITTEE

COMMITTEE ON CORPORATIONS

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

(98.5 2577 as amended) An Act relating to commercial laws- unfair sales practices.

Read and ordered to be placed on the Calendar.

(98-S 2739 as amended) An Act relating to the Rhode Island Economic Development Corporation - sale of property in town of North Kingstown.

Read and ordered to be placed on the Calendar.

(98-S 2794) An Act relating to enterprise zones.

Read and ordered to be placed on the Calendar.

(98-S 2801) An Act relating to financial institutions.

Read and ordered to be placed on the Calendar.

(98-S 2902) An Act in amendment of Chapter 1039 of the Public Laws, 1902, entitled "An Act in amendment of and in addition to An Act entitled An Act in amendment of the charter of the Fire Engine Company in East Greenwich, passed at the January Session 1882", passed at the January 1902 Session.

Read and ordered to be placed on the Calendar.

(98-S 2913) An Act authorizing the establishment of a Municipal Court in East Greenwich.

Read and ordered to be placed on the Calendar.

(98-S 2926 as amended) An Act relating to health and safety Rhode Island Resource Recovery Corporation.

Read and ordered to be placed on the Calendar.

(98-S 2970) An Act relating to the city of Woonsocket.

Read and ordered to be placed on the Calendar.

(98-S 2999) (Substitute A as amended) An Act relating to property exempt from attachment -homestead exemption.

Read and ordered to be placed on the Calendar.

(98-S 3031) An Act validating and ratifying amendments to the West Warwick Home Rule Charter.

Read and ordered to be placed on the Calendar.

(98-S 3035) An Act relating to the town of Scituate.

Read and ordered to be placed on the Calendar.

(98-S 3036) An Act relating to harbors and harbor lines.

Read and ordered to be placed on the Calendar.

NEW BUSINESS

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

Senator McDonald presents (98-S 3060) An Act relating to dogs- animal control ordinances in the town of Narragansett.

Read and referred to the Committee on Corporations.

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

Read and referred to the Committee on Corporations.

CONSENT CALENDAR

In order for the day is taken up as follows:

Upon motion of Senator Kelly, and without objection, the following appointment on today's Consent Calendar, by unanimous consent, is placed at the top of the Calendar:

1. Appointment of Sue Priest Duff of East Greenwich VICE Honorable Mary Ross to the Board of Regents for Elementary and Secondary Education for a term expiring January 31, 2001.

CALENDAR

In order for the day is taken up as follows:

11. (98-S 2415) (Substitute "A") An Act relating to labor and labor relations - fair employment practice.

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

Upon suggestion of Senator Enos, and without objection, ordered to be placed at the bottom of the Calendar.

13. (98-S 2632) 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 at the bottom of the Calendar.

16. (98-S 2840) An Act relating to businesses and professions.

Committee on Labor recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed at the bottom of the Calendar.

20. (98-S 2412) (Substitute "A") An Act relating to health and safety restrictions on tobacco product advertising and promotion.

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

Upon suggestion of Senator Enos, and without objection, ordered to be placed at the bottom of the Calendar.

23. (98-S 2549) An Act relating to fire detectors.

Committee on Corporations recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed at the bottom of the Calendar.

24. (98-S 2645) An Act relating to fire detection systems.

Committee on Corporations recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed at the bottom of the Calendar.

30. (98-S 2998) An Act establishing the Slack's Reservoir Preservation and Recreation District.

Committee on Corporations recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, April 21, 1998

32. (98-S 2484) (Substitute "A") An Act relating to state retirement system definition of active member.

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

Upon suggestion of Senator Enos, and without objection, ordered to be placed at the bottom of the Calendar.

1. Appointment of Sue Priest Duff of East Greenwich VICE Honorable Mary Ross to the Board of Regents for Elementary and Secondary Education for a term expiring January 31, 2001.

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

Senator Lenihan, seconded by Senators Kelly, Polisena, Paiva Weed, Irons, Parella, Graziano, Nygaard, Gibbs, Flynn, Blais, Breene, Algiere, Damiani and others, moves that confirmation of the Senate be given this appointment.

Senators Walton and Polisena discuss the confirmation.

By unanimous consent, the confirmation of the Senate is given this appointment, 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, 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, Revens, Roberts, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -o.

GUESTS

Upon suggestion of Senator Lenihan, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Sue Priest Duff and her husband Tom Duff of East Greenwich.

CALENDAR

1. (98-H 7267) (Substitute A as amended) An Act making revised appropriations for the support of the state for the fiscal year ending June 30, 1998

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

Senator Lenihan moves passage, seconded by Senators Cicilline, Kells, Tavares, Enos, Izzo, Roberts and Roney.

Senator Roney discusses the act.

Senator O'Leary, seconded by Senators Polisena, Izzo, Roberts, Sasso and Ruggerio, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(98-H 7267) (Substitute A as amended)

Mr. President:

I hereby move to amend (98-H 7267) (Substitute A as amended) entitled "AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 1998", as follows:

On page 3, after line 12, by inserting the following language:

"Payment in lieu of Tax Payments 174,214"

Respectfully submitted,

JOHN R. O'LEARY
Senator, District 12

Senators O'Leary, Lenihan and Algiere discuss the amendment. The motion to amend prevails upon a roll call vote with 25 Senators voting in the affirmative and 20 Senators voting in the negative as follows:

YEAS - 25: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Flynn, Gibbs, Graziano, Issa, Izzo, Kells, McBurney, McCaffrey, Montalbano, Nygaard, O'Leary, Patterson, Polisena, Revens, Roberts, Ruggerio, Sasso, Walaska.

NAYS - 20: Senators Badeau, Cicilline, Coderre, Connors, Cote, Enos, Fogarty, Goodwin, Irons, Kelly, Lenihan, McDonald, Oster, Paiva Weed, Parella, Perry, Sosnowski, Tavares, Walsh, Walton.

Senator O'Leary, seconded by Senators Polisena, Alves and Sasso, moves passage of the act, as amended.

Senators Alves, Paiva Weed and Roberts discuss the act.

Senator Blais suggests that the act be moved down the Calendar.

Senator O'Leary objects.

Senator Revens is recognized on a point of order. Senator Kelly is recognized on a point of order. Senator Irons is recognized on a point of order. Senator Alves is recognized on a point of order. The Chair rules that the body will vote on moving the act down the Calendar.

Senator Revens is recognized on a point of order and appeals the ruling of the Chair.

The ruling of the Chair is sustained, upon a roll call vote with 32 Senators voting in the affirmative and 15 Senators voting in the negative as follows:

YEAS - 32: Senators Algiere, Badeau, Bates, Blais, Breene, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Irons, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Nygaard, Paiva Weed, Parella, Patterson, Perry, Roberts, Roney, Sosnowski, Tavares, Walton.

NAYS - 15: Senators Alves, Caprio, Celona, Graziano, Issa, McCaffrey, Montalbano, O'Leary, Oster, Polisena, Revens, Ruggerio, Sasso, Walaska, Walsh. The act is moved to the bottom of page 2, upon a roll call vote with 34 Senators voting in the affirmative and 12 Senators voting in the negative as follows:

YEAS - 34: Senators Algiere, Badeau, Bates, Blais, Breene, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Irons, Izzo, Kells, Kelly, Lenihan, McBurney, McDonald, Nygaard, Oster, Paiva Weed, Parella, Patterson, Perry, Roberts, Roney, Ruggerio, Sosnowski, Tavares, Walton.

NAYS - 12: Senators Alves, Caprio, Celona, Graziano, Issa, McCaffrey, Montalbano, O'Leary, Revens, Sasso, Walaska, Walsh.

2. (98-S2298) (Substitute A as amended) An Act relating to taxation - donated computer equipment - tax credit.

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

Senator O'Leary moves passage, seconded by Senators Walton, Cicilline, McDonald, Celona, Izzo, Roberts and others.

Senators Paiva Weed, O'Leary and Kells discuss the act. The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, upon a roll call vote with 43 Senators voting in the affirmative and 1 Senator voting in the negative as follows:

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

NAYS - 1: Senator Kells.

3. (98-S 2295) An Act relating to insurance.

Committee on Judiciary recommends passage.

Senator Oster moves passage, seconded by Senators Connors, Paiva Weed, Perry and McDonald.

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, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Iz:':o, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, Oster, Paiva Weed, Parella, Patterson, Perry, Polisena, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

4. (98-S 2296) An Act relating to death by wrongful act.

Committee on Judiciary recommends passage.

Senator McDonald moves passage, seconded by Senators Oster, Goodwin, Patterson, Cicilline and others.

The act is read and passed, upon a roll call vote with 43 Senators voting in the affirmative and 1 Senator voting in the negative as follows:

YEAS - 43: Senators Algiere, Alves, Badeau, Blais, Breene, Caprio, Celona, Cicilline, Connors, Cote, Damiani, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Patterson, Perry, Polisena, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS - 1: Senator Flynn.

67. (98-S 2901) An Act relating to the Greenville water district.

Committee on Corporations recommends passage.

Senator Flynn moves passage, seconded by Senators Blais, Breene, Celona and Patterson.

Senator Flynn, seconded by Senators Polisena, Gibbs and Celona, offers an oral motion to amend. The motion to amend prevails 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, Coderre, Connors, Cote, Damiani, 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, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

Upon motion of Senator Flynn, seconded by Senators Polisena and Celona, read and passed, as amended, 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, Coderre, Connors, Cote, Damiani, 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, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

5. (98-S 2378) An Act relating to residential landlord and tenant act.

Committee on Judiciary recommends passage.

Senator McBurney moves passage, seconded by Senators Montalbano, Cote, Irons, Perry and Paiva Weed.

The act is read and passed, 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, Damiani, 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, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh,

NAYS -0.

6. (98-S 2712) An Act relating to courts and civil procedure - evidence.

Committee on Judiciary recommends passage.

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

The act is read and passed, 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, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Patterson, Perry, Polisena, Revens, Roberts, Roney, Sasso, Sosnowski, Tavares, Walaska, Walsh.

NAYS -0.

7. (98-S 2779 as amended) An Act relating to redevelopment projects.

Committee on Judiciary recommends passage as amended.

Senator Goodwin moves passage, seconded by Senators Perry and Paiva Weed.

The act is 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, Connors, Cote, Damiani, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, Oster, Paiva Weed, Parella, Patterson, Perry, Polisena, Revens, Roberts, Roney, Sasso, Sosnowski, Tavares, Walaska, Walsh.

NAYS -0.

8. (98-S 2802) An Act relating to health care.

Committee on Judiciary recommends passage.

Senator McDonald moves passage, seconded by Senators Oster, Perry, Nygaard and Paiva Weed.

Senators Issa and McDonald discuss the act.

The act is read and passed, 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, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, 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, Roberts, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh.

NAYS -0.

9. (98-S 2803 as amended) An Act relating to evidence.

Committee on Judiciary recommends passage as amended.

Senator Oster moves passage, seconded by Senators Perry, McDonald and others.

The act is read and passed, as amended, 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, Damiani, 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, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh.

NAYS -0.

10. (98-S 2142) (Substitute cc A,,) An Act relating to labor and labor relations.

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

Senator Ruggerio moves passage, seconded by Senators Badeau, Celona, Polisena and Damiani. The bill marked Substitute cc 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, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, 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, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

RECONSIDERATION

Senator Blais, seconded by Senators Enos and Roney, moves to reconsider the amendment to (98- H 7267) (Substitute A as amended).

Senators Alves, O'Leary, Lenihan and Graziano discuss the motion. The motion to reconsider prevails, upon a roll call vote with 33 Senators voting in the affirmative and 14 Senators voting in the negative as follows:

YEAS - 33: Senators Algiere, Badeau, Bates, Blais, Breene, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Irons, Kells, Kelly, Lenihan, McBurney, McDonald, Nygaard, Oster, Paiva Weed, Parella, Patterson, Perry, Roney, Ruggerio, Sosnowski, Tavares, Walsh, Walton.

NAYS - 14: Senators Alves, Caprio, Celona, Graziano, Issa, Izzo, McCaffrey, Montalbano, O'Leary, Polisena, Revens, Roberts, Sasso, Walaska.

1. (98-H 7267) (Substitute "A" as amended) An Act making revised appropriations for the support of the state for the fiscal year ending June 30, 1998

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

Senator O'Leary, seconded by Senator Alves, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(98-H 7267) (Substitute A as amended)

Mr. President:

I hereby move to amend (98-H 7267) (Substitute A as amended) entitled "AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 1998", as follows:

On page 3, after line 12, by inserting the following language:

"Payment in lieu of Tax Payments 174,214"

Respectfully submitted,

JOHN R. O'LEARY
Senator, District 12

The motion to amend fails of passage, upon a roll call vote with 16 Senators voting in the affirmative and 31 Senators voting in the negative as follows:

YEAS - 16: Senators Alves, Caprio, Cote, Graziano, Issa, Izzo, McBurney, McCaffrey, Montalbano, O'Leary, Polisena, Revens, Roberts, Ruggerio, Sasso, Walaska.

NAYS - 31: Senators Algiere, Badeau, Bates, Blais, Breene, Celona, Cicilline, Coderre, Connors, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Irons, Kells, Kelly, Lenihan, McDonald, Nygaard, Oster, Paiva Weed, Parella, Patterson, Perry, Roney, Sosnowski, Tavares, Walsh, Walton.

The bill marked Substitute "A" is read and passed, as amended, in concurrence, and the original bill indefinitely postponed, upon a roll call vote with 42 Senators voting in the affirmative and 4 Senators voting in the negative as follows:

YEAS - 42: Senators Algiere, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Irons, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, Oster, Paiva Weed, Parella, Patterson, Perry, Polisena, Revens, Roberts, Roney, Ruggerio, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS - 4: Senators Alves, Graziano, O'Leary, Sasso.

Upon suggestion of Senator Enos, and without objection, the remainder of the Calendar is deferred to tomorrow.

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 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 Enos announces that the Senate will meet tomorrow at 4:30 o'clock P.M.

POINT OF ORDER

Senator Revens is recognized on a point of order relative to Senate Rule 7.13.

ADJOURNMENT

Upon motion of Senator Enos, seconded by Senator Algiere, the Senate adjourns at 5:38 o'clock P.M.

RAYMOND T. HOYAS, JR.
Clerk of the Senate

Appendix

INVOCATION
SENATOR DOMINICK J. RUGGERIO

Eternal Father, guide us in the wise use of money and the moral use of power. Teach us to give and not to count the cost; to labor and not to ask for reward. Amen.

Appendix

CALENDAR

In order for Wednesday, April 8, 1998:

1. (98-S 2534 as amended) An Act relating to labor and labor relations.

Committee on Labor recommends passage as amended.

2. (98-S 2795) An Act relating to businesses and professions electricians.

Committee on Labor recommends passage.

3. (98-S 2804 as amended) An Act relating to labor and labor relations.

Committee on Labor recommends passage as amended.

4. (98-S 2213) An Act relating to motor and other vehicles- registration of vehicles.

Committee on Special Legislation recommends passage.

5. (98-S 2257) An Act relating to regulation of sales and advertising price of malt beverages, wine and distilled liquor.

Committee on Special Legislation recommends passage.

6. (98-S 2615) An Act relating to state affairs and government- enterprise zones.

Committee on Corporations recommends passage.

7. (98-S 2782 as amended) An Act relating to town meetings.

Committee on Judiciary recommends passage as amended.

8. (98-S 2515) An Act relating to mandated benefits review act.

Committee on Corporations recommends passage.

9. (98-S 2655) An Act relating to partnerships - limited liability partnerships.

Committee on Corporations recommends passage.

10. (98-S 2827) An Act relating to insurance.

Committee on Corporations recommends passage.

11. (98-S 2936) An Act relating to food and drugs.

Committee on Corporations recommends passage.

12. (98-S 2962) An Act relating to motor and manufactured homes.

Committee on Corporations recommends passage.

13. (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.

Committee on Corporations recommends passage.

14. (98-S 3006) An Act relating to taxation.

Committee on Corporations recommends passage.

15. (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 cc

16. (98-S 2489) (Substitute "A") An Act relating to Justices of Supreme, Superior and Family Courts - state police.

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

17. (98-S 2582 as amended) An Act relating to substance abuse treatment services conference.

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

18. (98-S 2935) An Act relating to mental health, retardation and hospitals -developmentally disabled adults.

Committee on Health, Education and Welfare recommends passage.

19. (98-S 2997) An Act relating to education - curriculum.

Committee on Health, Education and Welfare recommends passage.

20. (98-S 2027 as amended) An Act relating to waters and navigation- regulation of boats.

Committee on Judiciary recommends passage as amended.

21. (98-S 2039) An Act relating to food and drugs - uniform controlled substance act.

Committee on Judiciary recommends passage.

22. (98-S 2041) (Substitute "A") An Act relating to domestic relations - visitation rights.

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

23. (98-S 2175) An Act relating to criminal offenses public utilities.

Committee on Judiciary recommends passage.

24. (98-S 2246) (Substitute A as amended) An Act relating to open meetings.

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

25. (98-S 2354) An Act relating to elections -campaign contributions.

Committee on Judiciary recommends passage.

26. (98-S 2393) (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.

27. (98-S 2472) (Substitute A as amended) An Act relating to state affairs and government -DCYF records- confidentiality of records.

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

28. (98-S 2475) (Substitute "A") An Act relating to state affairs and government -confidentiality of records.

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

29. (98-S 2553) An Act relating to private detective act.

Committee on Judiciary recommends passage.

30. (98-S 2564) An Act relating to criminal procedure - bounty hunters.

Committee on Judiciary recommends passage.

31. (98-S 2595) An Act relating to sexual assault.

Committee on Judiciary recommends passage.

32. (98-S 2626 as amended) An Act relating to taxation.

Committee on Judiciary recommends passage as amended.

33. (98-S 2688) An Act relating to mental health.

Committee on Judiciary recommends passage.

34. (98-S 2722) An Act relating to health and safety the Rhode Island Resource Recovery Corporation.

Committee on Judiciary recommends passage.

35. (98-S 2757) (Substitute "A") An Act relating to state purchases.

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

36. (98-S 2810) An Act relating to public utilities and carriers- Public Utilities Commission.

Committee on Judiciary recommends passage.

37. (98-S 2882) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage.

38. (98-S 2996) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage.

39. (98-S 2560 as amended) An Act relating to businesses and professions - requiring the registration of roofing contractors.

Committee on Corporations recommends passage as amended.

40. (98-S 2421) An Act relating to health and safety - State Fire Marshal.

Committee on Judiciary recommends passage.

41. (98-S 2681) An Act relating to campaign audits.

Committee on Judiciary recommends passage.

42. (98-S 2648) An Act relating to arbitration.

Committee on Corporations recommends passage.

43. (98-S 2473) An Act relating to delinquent and dependent children proceedings in Family Court.

Committee on Judiciary recommends passage.

44. (98-S 2380) (Substitute "A") An Act relating to financial institutions - automated teller machines.

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

45. (98-S 2450) An Act relating to professional service corporations.

Committee on Corporations recommends passage.

46. (98-S 2644) An Act relating to fire detection systems in existing residential occupancies.

Committee on Corporations recommends passage.

47. (98-S 2748) An Act relating to motor and other vehicles- mobile and manufactured homes.

Committee on Corporations recommends passage.

48. (98-S 2900) An Act relating to taxation -town of North Providence.

Committee on Corporations recommends passage.

49. (98-S 3029) An Act relating to the Harrisville Fire District.

Committee on Corporations recommends passage.

50. (98-S 2054) An Act relating to education requiring certain schools to institute a breakfast program.

Committee on Finance recommends passage.

51. (98-S 2074) An Act relating to state affairs and government- user fees at state beaches.

Committee on Finance recommends passage.

52. (98-S 2140) (Substitute "A") An Act relating to motor and other vehicles - required equipment in police cars.

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

53. (98-S 2200 as amended) An Act relating to video lottery terminal.

Committee on Finance recommends passage as amended.

54. (98-S 2344 as amended) An Act relating to towns and cities- police officers.

Committee on Finance recommends passage as amended.

55. (98-S 2335) (Substitute "A") An Act relating to taxation- personal income tax.

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

56. (98-S 2522) An creating the community and neighborhood partnership tax credit act of 1988.

Committee on Finance recommends passage.

57. (98-S2624) (Substitute A as amended) An Act relating to public building.

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

58. (98-S 2838 as amended) An Act relating to public utilities- 911 system.

Committee on Finance recommends passage as amended.

59. (98-S 2885) An Act making an appropriation of $5,000 to Laura A. Hoxsie.

Committee on Finance recommends passage.

60.(98-S 2025) (Substitute "A" as amended) An Act relating to sentence and execution.

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

61. (98-S 2095 as amended) An Act relating to state affairs and government - administrative procedures.

Committee on Judiciary recommends passage as amended.

62. (98-S 2276) (Substitute "A") An Act relating to identification and apprehension of criminals.

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

63. (98-S 2286) (Substitute "A" as amended) An Act relating to criminal procedure.

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

64. (98-S 2317) An Act relating to domestic relations - divorce and separation.

Committee on Judiciary recommends passage.

65. (98-S 2376) (Substitute "A") An Act relating to correctional institutions parole.

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

66.(98-S 2516) (Substitute A as amended) An Act relating to property - manufacturer's mold lien.

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

67. (98-S 2518) (Substitute A as amended) An Act relating to causes of action.

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

68. (98-S2754) (Substitute A as amended) An Act relating to proceedings in Family Court.

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

69. (98-S 2088) (Substitute cc An Act relating to electricians.

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

70. (98-S 2208) (Substitute A as amended) An Act relating to public officers and employees.

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

71. (98-S 2591) An Act relating to arbitration of school teacher disputes.

Committee on Labor recommends passage.

72. (98-S 2793) An Act relating to telecommunications.

Committee on Labor recommends passage.

73. (98-S 2415) (Substitute "A") An Act relating to labor and labor relations fair employment practice.

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

74. (98-S 2632) An Act relating to temporary disability insurance - exemption of certain persons.

Committee on Labor recommends passage.

75. (98-S 2840) An Act relating to businesses and professions.

Committee on Labor recommends passage.

76. (98-S 2412) (Substitute "A") An Act relating to health and safety - restrictions on tobacco product advertising and promotion.

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

77. (98-S 2549) An Act relating to fire detectors.

Committee on Corporations recommends passage.

78. (98-S 2645) An Act relating to fire detection systems.

Committee on Corporations recommends passage.

79. (98-S 2484) (Substitute "A") An Act relating to state retirement system - definition of active member.

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

80. (98-S 2383) (Substitute "A") An Act relating to education- curriculum.

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

81. (98-S 2547) An Act relating to chiropractors.

Committee on Health, Education and Welfare recommends passage.

82. (98-S 2705) (Substitute "A") An Act relating to state affairs and government -housing.

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

83. (98-S 2725) An Act relating to Health and Educational Building Corporation.

Committee on Health, Education and Welfare recommends passage.

84. (98-S 2370) (Substitute "A") An Act relating to vicious dogs.

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

85. (98-S2859) An Act relating to animals and animal husbandry.

Committee on Special Legislation recommends passage.

Appendix

CALENDAR

In order for Tuesday, April 21, 1998:

1. (98-S 2577 as amended) An Act relating to commercial laws- unfair sales practices.

Committee on Corporations recommends passage as amended.

2. (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.

3. (98-S 2794) An Act relating to enterprise zones.

Committee on Corporations recommends passage.

4. (98-S 2801) An Act relating to financial institutions.

Committee on Corporations recommends passage.

5. (98-S 2902)An Act in amendment of Chapter 1039 of the Public Laws, 1902, entitled "An Act in amendment of and in addition to An Act entitled An Act in amendment of the charter of the Fire Engine Company in East Greenwich, passed at the January Session 1882", passed at the January 1902 Session.

Committee on Corporations recommends passage.

6. (98-S 2913) An Act authorizing the establishment of a Municipal Court in East Greenwich.

Committee on Corporations recommends passage.

7. (98-S 2926 as amended) An Act relating to health and safety Rhode Island Resource Recovery Corporation.

Committee on Corporations recommends passage as amended.

8. (98-S 2970) An Act relating to the city of Woonsocket.

Committee on Corporations recommends passage.

9. (98-S2999) (Substitute "A" as amended) An Act relating to property exempt from attachment - homestead exemption.

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

10. (98-S 3031) An Act validating and ratifying amendments to the West Warwick Home Rule Charter.

Committee on Corporations recommends passage.

11. (98-S 3035) An Act relating to the town of Scituate.

Committee on Corporations recommends passage.

12. (98-S 3036) An Act relating to harbors and harbor lines.

Committee on Corporations recommends passage.

13. (98-S 2998) An Act establishing the Slack's Reservoir Preservation and Recreation District.

Committee on Corporations recommends passage.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Tuesday, April 7, 1998

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