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. 42 |
Tuesday, April 28, 1998 |
Forty-second Day |
The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Bernard A. Jackvony, at 4:10 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 Alglere, Alves, 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, O5ter,' Paiva Weed, Parella, Patterson, Polisena, Rantakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.
ABSENT - 3.. Senators Badeau, Palazzo, Perry.
INVOCATION
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Alves, to deliver the invocation.
(See Appendix for Invocation)
PLEDGE OF ALLEGIANCE TO THE FLAG
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Alves, to lead the Senate in the pledge of allegiance to the flag.
APPROVAL OF RECORD
The Senate Journal of Thursday, April 23, 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 Senator Issa, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the Honorable Robert Canavan of Central Falls.
Upon suggestion of Senator Paiva Weed, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Vidal Perez of Warwick.
Upon suggestion of Senator Pavia Weed, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Michael Liard of Woonsocket who has served as an intern to the Senate Committee on Judiciary.
REPORTS OF COMMITTEES
COMMITTEE ON FINANCE
Senator Lenihan, from the Committee on Finance, reports back, with recommendation of passage of the following measures:
(98-S 2345 as amended) An Act relating to wheelchair lift equipped vehicles and public assistance.
Read and ordered to be placed on the Calendar.
(98-S 2347) An Act relating to family independenceact.
Read and ordered to be placed on the Calendar.
(98-S 2391 as ameneded) An Act relating to state affairs and government - health care for children and pregnant women.
Read and ordered to be placed on the Calendar.
(98-S 2811) (Substitute "A") An Act relating to salaries and traveling expenses.
Read and ordered to be placed on the Calendar.
COMMITTEE ON JUDICIARY
Senator Paiva Weed, from the Committee on Judiciary, reports back, with recommendation of passage of the following measures:
(98-S 2151) (Substitute "A") An Act relating to motor vehicles.
Read and ordered to be placed on the Calendar
(98-S 2401) (Substitute "A" as amended) An Act relating to waters and navigation oil spill response fund.
Read and ordered to be placed on the Calendar.
(98-S 2535) An Act relating to weapons.
Read and ordered to be placed on the Calendar.
(98-S 2724) (Substitute "A" as amended) An Act relating to domestic relations - divorce and separation.
Read and ordered to be placed on the Calendar.
(98-S 2854) (Substitute "A") An Act relating to parole.
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 8738 as amended) An Act authorizing the establishment of a Municipal Court in East Greenwich.
Read and referred to the Committee on Corporations.
Also:
(98-H 7554) (Substitute "A") An Act relating to towns and cities - Bristol Municipal Court.
Read and referred to the Committee on Corporations.
Also:
(98-H 8016) (Substitute "A") An Act relating to businesses and professions.
Read and referred to the Committee on Corporations.
Also:
(98-H 8063) (Substitute "A") An Act relating to health and safety - people's privacy act.
Read and referred to the Committee on Corporations.
Also:
(98-H 7279 as amended) An Act relating to zoning ordinances.
Read and referred to the Committee on Corporations.
Also:
(98-H 8192) (Substitute "A") An Act relating to motor and other vehicles responsibility of owners of rental vehicles.
Read and referred to the Committee on Corporations.
Also:
(98-H 7537) (Substitute "A") An Act relating to city of Central Falls Municipal Court.
Read and referred to the Committee on Corporations.
Also:
(98-H 7870) (Substitute A as amended) An Act
relating to Department of Health - tattooing and body piercing.
Read and referred to the Committee on Corporations.
Also:
(98-H 7393 as amended) An Act relating to health and safety-
establishing freedom of access to clinic entrances.
Read and referred to the Committee on Judiciary.
Also:
(98-H 8321) An Act relating to weapons.
Read and referred to the Committee on Judiciary.
Also:
(98-H 7745) (Substitute "A") An Act relating to statutes and statutory construction.
Read and referred to the Committee on Judiciary.
Also:
(98-H 7901) (Substitute "A'') An Act relating to Department of Corrections.
Read and referred to the Committee on Judiciary.
Also:
(98-H 8028) An Act relating to Department of Corrections.
Read and referred to the Committee on Judiciary.
Also:
(98-H 7676) (Substitute "A" An Act relating to children.
Read and referred to the Committee on Judiciary.
Also:
(98-H 8029) An Act relating to criminal procedure.
Read and referred to the Committee on Judiciary.
Also:
(98-H 8085) An Act relating to handicapped children - transition from school to self-sufficient adulthood.
Read and referred to the Committee on Health, Education and Welfare.
Also:
(98-H 7819) An Act relating to health and safety.
Read and referred to the Committee on Health, Education and Welfare.
Also:
(98-H 7797) An Act relating to motor and other vehicles - operators' and chauffeurs' licenses.
Read and referred to the Committee on Health, Education and Welfare.
Also:
(98-H 7540 as amended) An Act relating to disability business enterprises.
Read and referred to the Committee on Health, Education and Welfare.
Also:
(98-H 7446) (Substitute A as amended) An Act
relating to health and safety.
Read and referred to the Committee on Health, Education and Welfare.
Also:
(98-H 7800) An Act relating to operators and chauffers' licenses-
anatomical gifts.
Read and referred to the Committee on Health, Education and Welfare.
Also:
(98-H 7793 as amended) An Act relating to state affairs and government.
Read and referred to the Committee on Health, Education and Welfare.
Also:
(98-H 7285 as amended) An Act relating to health and safety of pupils.
Read and referred to the Committee on Health, Education and Welfare.
Also:
(98-H 8436) Joint Resolution calling upon the governments of Cape Verde, the United States of America and the state of Rhode Island to form a state relationship between Rhode Island and Cape Verde.
Read and referred to the Committee on Special Legislation.
NEW BUSINESS
The following items are received and referred to committee pending any objection of the body on the next legislative day.
Senator Oster presents (98-S 3099) An Act in amendment of sections 1 thru 10 An Act passed at the January Session, 1930, entitled "An Act to incorporate the Saylesville Fire District in the town of Lincoln" as amended.
Read and referred to the Committee on Corporations.
Senators Graziano, Celona and Montalbano present (98-S 3100) An Act relating to collection of taxes.
Read and referred to the Committee on Corporations.
Senators Irons, Paiva Weed, Goodwin, Bates and Blais present (98-S 3101) Senate Resolution extending the reporting date of the special Senate commission to study the work of the Senate and to make appropriate recommendations.
Read and referred to the Committee on Special Legislation.
Without objection, the following Act is introduced after the deadline.
Senators Coderre, Parella, Goodwin, Connors and Celona present (98-S 3102) An Act relating to public officers and employees-
insurance benefits.
Read and referred to the Committee on Finance.
Without objection, the following Act is introduced afler the deadline.
Senators Izzo, Walton, Blais, Connors, Goodwin and others present (98-S 3103) An Act relating to Rhode Island Housing and Mortgage Finance Corporation - lead paint removal.
Read and referred to the Committee on Finance.
CALENDAR
In order for the day is taken up as follows:
10. (98-S 2795) An Act relating to businesses and professions-
electricians.
Committee on Labor recommends passage.
Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, May 5, 1998.
11. (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
Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, May 5, 1998.
12. (98-S 2582 as amended) An Act relating to substance abuse treatment services conference.
Committee on Health, Education and Welfare recommends passage as amended.
Upon suggestion of Senator Enos, and without objection, ordered to be placed on the desk.
13. (98-S 2626 as amended) An Act relating to taxation.
Committee on Judiciary recommends passage as amended.
Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Wednesday, April 29, 1998.
14. (98-S 2688) An Act relating to mental health.
Committee on Judiciary recommends passage.
Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Thursday, April 30, 1998.
15. (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.
Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, May 5, 1998.
16. (98-S 2183 as amended) An Act relating to law enforcement officers.
Committee on Judiciary recommends passage as amended.
Upon suggestion of Senator Enos, and without objection, ordered to be placed on the desk.
25. (98-S 2450) An Act relating to professional service corporations.
Committee on Corporations recommends passage.
Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, May 5, 1998.
26. (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 on the Calendar for Tuesday, May 5, 1998.
30. (98-S 2423) (Substitute "A") An Act relating to domestic violence confidentiality of victims' addresses.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A"
Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, May 5, 1998.
31. (98-S 2477) (Substitute "A") An Act relating to food and drugs - uniform controlled substances act.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute cc
Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, May 5, 1998.
32. (98-S 2614 as amended) An Act relating to disorderly conduct.
Committee on Judiciary recommends passage as amended.
Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, May 5, 1998.
36. (98-S 2739 as amended) An Act relating to the Rhode Island Economic Development Corporation sale of property in town of North Kingstown.
Committee on Corporations recommends passage as amended.
Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, May 5, 1998.
1. (98-S 2794) An Act relating to enterprise zones.
Committee on Corporations recommends passage.
Senator O'Leary moves passage, seconded by Senators Kells and Roberts.
The act is read and passed, upon a roll call vote with 39 Senators voting in the affirmative and 1 Senator voting in the negative as follows:
YEAS - 39: Senators Algiere, Alves, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Doneian, Enos, Fogarty, Goodwin, Graziano, Irons, Issa, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Patterson, Polisena, Raptakis, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh
NAYS -1: Senator Blais.
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, Dennis L. Algiere, 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 2801), 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.
I am employee of The Washington Trust Company.
6. This statement is true to the best of my knowledge.
DENNIS L. ALGIERE
Senator, District 26
Subscribed and sworn to before me this 28th day of April, 1998.
JEFFREY A. LANPHEAR
Notary Public
Ordered to be placed on file.
CALENDAR
2. (98-S 2801) An Act relating to financial institutions.
Committee on Corporations recommends passage.
Senator Tavares moves passage, seconded by Senator Connors.
The act is read and passed, by unanimous consent, upon a roll call vote with 40 Senators voting in the affirmative, 0 Senators voting in the negative and 1 Senator abstaining as follows:
YEAS - 40: Senators Alves, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Grariano, Irons, Issa, Kells, Kelly, Lenihan, McCatfrey, McDonald, Montalbano, Nygaard, Oster, Paiva Weed, Parella, Patterson, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sasso, Sosnowski, Tavares, Walaska,Walsh.
NAYS -0.
ABSTAINED - 1: Senator Algiere.
3. (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.
Senator Lenihan moves passage, seconded by Senators Walsh and Nygaard.
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, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Patterson, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh.
NAYS -0.
4. (98-S 2913) An Act authorizing the establishment ofa Municipal Court in East Greenwich.
Committee on Corporations recommends passage.
Senator Lenihan moves passage, seconded by Senators Raptakis and Breene.
Senator Lenihan, seconded by Senators Cicilline and Raptakis, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(98-S 2913)
Mr. President:
I hereby move to amend (98-S 2913) entitled "AN ACT AUTHORIZING THE ESTABLISHMENT OF A MUNICIPAL COURT IN EAST GREENWICH", as follows:
On page 2, lines 11 and 12, delete the words "one thousand dollars ($1,000)" and insert in lieu thereof the words "five hundred dollars ($500)".
Respectfully submitted,
J. MICHAEL LENIHAN
Senator, District 22
The motion to amend prevails upon a roll call vote with 43 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS 43: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Patterson, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh.
NAYS -0.
Senators Montalbano, Lenihan and Paiva Weed discuss the act.
Upon motion of Senator Lenihan, seconded by Senators Cicilline, Breene and Raptakis, read and passed, as amended, upon a roll call vote with 45 Senators voting in the affirmative and 1 Senator voting in the negative as follows:
YEAS - 45: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Patterson, Polisena, Raptakis, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.
NAYS - 1: Senator Revens.
5. (98-S 2926 as amended) An Act relating to health and safety Rhode Island Resource Recovery Corporation.
Committee on Corporations recommends passage as amended.
Senator Polisena moves passage, seconded by Senators Celona, Damiani and Graziano.
Senators Montalbano and Polisena discuss the act.
Senator Polisena, seconded by Senator Graziano and others, offers an oral motion to amend.
The motion to amend prevails 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, Bates, Blais, Breene, Caprio, Celona, Coderre, Connors, Cole, Damiani, Donelan, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Parella, Patterson, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.
NAYS -0.
Upon motion of Senator Polisena, seconded by Senator Graziano and others, read and passed, as amended, upon a roll call vote with 45 Senators voting in the affirmative and 1 Senator voting in the negative as follows:
YEAS - 45: Senators Algiere, Bates, Blais, Breene, Caprio, Celona, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Patterson, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.
NAYS 1: Senator Alves.
6. (98-S 2999) (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 passage of Substitute "A" as amended.
Senator Issa moves passage, seconded by Senators Graziano, Ruggerio, Caprio, Enos, Coderre and others.
Senator Issa, seconded by Senators Graziano and Ruggerio, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(98-S 2999) (Substitute A as amended)
Mr. President:
I hereby move to amend (98-S 2999) (Substitute
A as amended) entitled "AN ACT RELATING
TO PROPERTY EXEMPT FROM ATTACHMENT HOMESTEAD EXEMPTION", as follows:
On pa,g,e 2, line 14, by deleting the words "upon passage and inserting the words "January 1, 1999".
Respectfully submitted,
DANIEL J. 155A
Senator, District 35
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, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaflrey, Monlalbano, O'Leary, Oster, Paiva Weed, Parella, Patterson, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.
NAYS - 0.
Senator Gibbs, seconded by Senators Nygaard and Blais, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(98-S 2999) (Substitute "A" as amended)
Mr. President:
I hereby move to amend (98-S 2999) (Substitute
A as amended) entitled AN ACT RELATING
TO PROPERTY EXEMPT FROM ATTACHMENT - HOMESTEAD EXEMPTION", as follows:
By adding the following language on page 2, after line 6:
For a debt, judgment, levy, attach
ment, order, execution or garnishment arising out of conduct amounting to fraud, whether civil or criminal, or out of conduct which would support and award of punitive damages or which would be exempt from discharge in bankruptcy pursuant to 11 U.S.C. Section 623."
Respectfully submitted,
JUNE N. GIBBS
Senator, District 48
Senator Issa discusses the amendment.
The motion to amend fails of passage, upon a roll call vote with 21 Senators voting in the affirmative and 25 Senators voting in the negative as follows:
YEAS - 21: Senators Algiere, Bates, Blais, Breene, Coderre, Donelan, Enos, Fogarty, Gibbs, Izzo, Kells, Kelly, Lenihan, Nygaard, Parella, Patterson, Roberts, Roney, Sasso, Walaska, Walsh.
NAYS - 25: Senators Alves, Caprio, Celona, Cicilline, Connors, Cole, Damiani, Goodwin, Graziano, Irons, Issa, McBurney, McCaffrey, McDonald, Montalbano, O'Leary, Oster, Paiva Weed, Polisena, Raptakis, Revens, Ruggerio, Sosnowski, Tavares, Walton.
Upon motion of Senator Issa, seconded by Senators Graziano and Ruggerio, the bill marked Substitute "A" read and passed, as amended, and the original bill indefinitely postponed, upon a roll call vote with 39 Senators voting in the affirmative and 6 Senators voting in the negative as follows:
YEAS - 39: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarly, Goodwin, Graziano, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaflrey, Montalbano, Nygaard, O'Leary, Paiva Weed, Parella, Patterson, Polisena, Raptakis, Ruggerio, Sasso, Sosnowski, Tavares, Walsh, Walton.
NAYS - 6: Senators McDonald, Oster, Revens, Roberts, Roney, Walaska
7. (98-S 3031) An Act validating and ratifying amendments to the West Warwick Home Rule Charter.
Committee on Corporations recommends passage.
Senator Alves moves passage, seconded by Senators Graziano, Raptakis, Sasso and others.
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, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Osler, Paiva Weed, Parella, Patterson, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.
NAYS -0.
8. (98-S 3035) An Act relating to the town of Scituate.
Committee on Corporations recommends passage.
Senator Breene moves passage, seconded by Senators Flynn and Blais.
The act is read and passed, 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, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCafirey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Patterson, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.
NAYS -0.
9. (98-S 3036) An Act relating to harbors and harbor lines.
Committee on Corporations recommends passage.
Senator Algiere moves passage, seconded by Senators Walsh and Patterson.
Senators Alves and Algiere discuss the act.
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, 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, Polisena, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.
NAYS -0.
17. (98-S 2287) An Act relating to investigators in the Office of Automobile Theft and Insurance Fraud.
Committee on Judiciary recommends passage.
Senator Bates moves passage, seconded by Senator Damiani.
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, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, 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 -0.
18. (98-S 2437) (Substitute A as amended) An Act amending the city charter of the city of Newport by expanding the jursidiction of the Municipal Court to authorize the Court to lien real property of landowners upon final judgment for minimum housing and zoning violations.
Committee on Judiciary recommends indefinite
postponement of the original bill and passage of
Substitute A as amended.
Senator Cicilline moves passage, seconded by Senators Coderre, Enos, Paiva Weed and Patterson.
The bill marked Substitute "A" read and passed, as amended, and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 45: Senators Algiere, Alves, Bales, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, 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 -0.
19. (98-S 2471) (Substitute "A") An Act relating to proceedings in Family Court.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A"
Senator Izzo moves passage, seconded by Senators Parella, Tavares, Algiere, Paiva Weed, Gibbs, Roberts and others.
The bill marked Substitute "A", read and passed, and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 45: Senators Algiere, Alves, Bales, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, 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 -0.
20. (98-S 2488) An Act relating to the retirement system - administration.
Committee on Judiciary recommends passage.
Senator Gibbs moves passage, seconded by Senators Nygaard, Breene and Tavares.
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, Bates, Blais, Breene, Caprio, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Patterson, Polisena, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.
NAYS -0.
21. (98-S 2579) (Substitute "A",) An Act relating to state affairs and government.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".
Senator Irons moves passage, seconded by Senators Paiva Weed, Polisena, Oster, Nygaard, Gibbs and Walsh.
The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 45: Senators Algiere, Alves, Blais, Breene, Caprio, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Patterson, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.
NAYS -0.
22. (98-S 2667) An Act relating to criminal procedure - victim's rights - domestic abuse.
Committee on Judiciary recommends passage.
Senator Roberts moves passage, seconded by Senators Walsh, Paiva Weed, Roney, Goodwin, Cicilline and Ruggerio.
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, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Patterson, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.
NAYS -0.
23. (98-S 3008) (Substitute "A") An Act relating to graves and corpses.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".
Senator Cicilline moves passage, seconded by Senators Walton, Damiani, Kells, Gibbs, Nygaard and many others.
Senator Polisena discusses the act.
The bill marked Substitute "A". read and passed, and the original bill indefinitely postponed, 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, Alves, Bales, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Osler, Paiva Weed, Parella, Patterson, Polisena, Revens, Roberts, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.
NAYS -0.
24. (98-S 2681) An Act relating to campaign audits.
Committee on Judiciary recommends passage.
Senator Patterson moves passage, seconded by Senators Nygaard, Breene, Paiva Weed and Roberts.
Senator Irons, seconded by Senators Polisena, Enos, Damiani, Connors, Roney, Sosnowski and others, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(98-S 2681)
Mr. President:
I hereby move to amend (98-S 2681) entitled "AN ACT RELATING TO CAMPAIGN AUDITS", as follows:
1. On page 1, line 10, delete the words "Twentyy thousand dollars ($20,000)" and insert in lieu thereof the words " thirty thousand dollars ($30,000)".
2. On page 1, line 11, delete the word cc0FJ and insert in lieu thereof the word "or".
Respectfully submitted,
WILLIAM V. IRONS
Senator, District 39
The motion to amend prevails 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, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Nygaard, O'Leary, Osler, Paiva Weed, Parella, Patterson, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.
NAYS -0.
Upon motion of Senator Patterson, seconded by Senators Parella, Blais and Breene, read and passed, as amended, upon a roll call vote with 41 Senators voting in the affirmative and 3 Senators voting in the negative as follows:
YEAS 41: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Connors, Cole, Damiani, Doneian, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Nygaard, O'Leary, Osler, Paiva Weed, Parella, Patterson, Polisena, Raptakis, Revens, Roberts, Roney, Sasso, Tavares, Walaska, Walsh, Walton.
NAYS - 3: Senators McBurney, Montalbano, Ruggerio.
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.
PESONAL PRIVILEGE
Senator Roney recognized on a point of personal privilege, addresses the Senate.
ANNOUNCEMENTS
Senator Tavares announces that the Committee on Corporations will meet today at the rise of the Senate in Room 212 of the State House.
Also:
Senator Lenihan announces that the Committee on Finance will meet today at the rise of the Senate in Room 211 of the State House.
Also:
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 Izzo announces that the Committee on Health, Education and Welfare will meet on Wednesday, April 29, 1998, at 3:00 o'clock P.M. in Room 211 of the State House.
ADJOURNMENT
Upon motion of Senator Kelly, seconded by Senator Algiere, the Senate adjourns at 5:00 o'clock P.M.
RAYMOND T. HOYAS, JR.
Clerk of the Senate
Appendix
INVOCATION
SENATOR STEPHEN D. ALVES
Dear
Lord, enable us to share our own good fortune with those of us who are less fortunate: may we, too, never be to proud to seek help or advice from those more fortunate or more knowledgeable than we. Amen.
Appendix
CALENDAR
In order for Wednesday, April 29, 1998:
1. Appointment of Vidal P. Perez of Warwick VICE Elia Germani 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 the appointment.
2. Reappointment of the Honorable Robert Canavan of Central Falls 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 the reappointment.
3. Appointment of Madeline Quirk of Cranston VICE O. Rogeriee Thompson (Appointed Associate Justice of the Rhode Island Superior Court) as Associate Justice of the Rhode Island District Court.
Committee on Judiciary recommends the Senate give its Advice and Consent to the appointment.
4. Reappointment of Richard S. Humphrey of 'I'iverton to the Commission on Judicial Tenure and Discipline for a term expiring April 1, 2001.
Committee on Judiciary recommends the Senate give its Advice and Consent to the reappointment.
5. Reappointment of Deborah Miller Tate, Esq. of Providence to the Commission on Judicial Tenure and Discipline for a term expiring April 1, 2001.
Committee on Judiciary recommends the Senate give its Advice and Consent to the reappointment.
6. (98-S 2626 as amended) An Act relating to taxation.
Committee on Judiciary recommends passage as amended.
7. (98-S2412) (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
8. (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.
9. (98-S2757) (Substitute "A") An Act relating to state purchases.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A"
10. (98-S 2675) (Substitute A as amended) An
Act relating to parole.
Committee on Judiciary recommends indefinite
postponement of the original bill and passage of
Substitute A as amended.
11. (98-H7570) An Act relating to solemnization of marriages.
Committee on Judiciary recommends passage in concurrence.
12. (98-S 2725) An Act relating to Health and Educational Building Corporation.
Committee on Health, Education and Welfare recommends passage.
13. (98-S 2088) (Substitute A as amended) An Act relating to electricians.
Committee on Labor recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.
14. (98-S 2547) An Act relating to chiropractors.
Committee on Health, Education and Welfare recommends passage.
15. (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 "A"
16. (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 "A".
17. (98-S 2859) (Substitute "A") An Act relating to animals and animal husbandry.
Committee on Special Legislation recommends indefinite postponement of the original bill and passage of Substitute "A".
18. (98-S 2116) (Substitute "A" as amended) An Act relating to waters and navigation underground storage tank financial responsibilityact.
Committee on Corporations recommends
indefinite postponement of the original bill and
passage of Substitute A as amended.
19. (98-S 2350) (Substitute "A") An Act relating to licensing of massage therapy establishments.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute
20. (98-S 2716) (Substitute "A") 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".
Appendix
CALENDAR
In order for Thursday, April 30, 1998: 1. (98-S 2688) An Act relating to mental health. Committee on Judiciary recommends passage.
2. (98-S 2345 as amended) An Act relating to wheelchair lift equipped vehicles and public assistance.
Committee on Finance recommends passage as amended.
3. (98-S 2347) An Act relating to family independence act.
Committee on Finance recommends passage.
4. (98-S 2391 as amended) An Act relating to state affairs and government - health care for children and pregnant women.
Committee on Finance recommends passage as amended.
5. (98-S 2811) (Substitute "A") An Act relating to salaries and traveling expenses.
Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A".
6. (98-S 2151) (Substitute "A") An Act relating to motor vehicles.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A''.
7. (98-S 2401) (Substitute "A" as amended) An Act relating to waters and navigation - oil spill response fund.
Committee on Judiciary recommends indefinite
postponement of the original bill and passage of
Substitute A as amended.
8. (98-S 2535) An Act relating to weapons.
Committee on Judiciary recommends passage.
9. (98-S 2724) (Substitute "A" as amended) An Act relating to domestic relations - divorce and separation.
Committee on Judiciary recommends indefinite
postponement of the original bill and passage of
Substitute A as amended.
10. (98-S 2854) (Substitute "A") An Act relating to parole.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A"
Appendix
CALENDAR
In order for Tuesday, May 5, 1998:
1. (98-S 2795) An Act relating to businesses and professions electricians.
Committee on Labor recommends passage.
2. (98-S 2485) (Substitute "A") An Act relating to municipal retirement system - transfer of credit and contribution.
Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A"
3. (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.
4. (98-S 2450) An Act relating to professional service corporations.
Committee on Corporations recommends passage.
5. (98-S 2632) An Act relating to temporary
disability insurance - exemption of certain persons.
Committee on Labor recommends passage.
6. (98-S 2423) (Substitute "A") An Act relating to domestic violence - confidentiality of victims' addresses.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".
7. (98-S2477) (Substitute "A") An Act relating to food and drugs - uniform controlled substances act.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A"
8. (98-S 2614 as amended) An Act relating to disorderly conduct.
Committee on Judiciary recommends passage as amended.
9. (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.
RAYMOND T. HOYAS, JR.
Clerk of the Senate
Tuesday, April 28, 1998
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