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. 43 Wednesday, April 29, 1998 Forty-third Day


The Senate meets pursuant to adjournment and is called to order by the Honorable Charles J. Fogarty, President Pro Tempore, at 4:10 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, Canrio, 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, Rantakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowsl;i, Tavares, Walasl;a, Walsh, Walton.

ABSENT - 1; Senator Damiani.

INVOCATION



The Honorable President Pro Tempore, by unanimous consent, presents Senator Patterson, to deliver the invocation.

(See Appendix for Invocation)


PLEDGE OF ALLEGIANCE TO THE FLAG



The Honorable President Pro Tempore by unanimous consent, presents Senator Patterson, to lead the Senate in the pledge of allegiance to the flag.

NOW PRESIDING



The Honorable President Pro Tempore yeilds the rostrum to His Honor, the Lieutenant Governor, Bernard A. Jackvony at 4:12 o'clock P.M.
AT EASE


His Honor, the Lieutenant Governor, declares the Senate at ease at 4:12 o'clock P.M.

CALLED TO ORDER


His Honor, the Lieutenant Governor, calls the Senate to order at 4:14 o'clock P.M.

APPROVAL OF RECORD


The Senate Journal of Tuesday, April 28, 1998 proceedings is read in part.

Upon suggestion of Senator Kelly and by unanimous consent, further reading of the Journal is dispensed with and the Journal approved as recorded.

GUESTS


Upon suggestion of Senators Walton, Roney, Kells, Perry and Celona, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Ruthie Correira, Director, Rhode Island Education Enrichment Program, Richard Applebaum, Chairman of the Board, Vincent Santos, Treasurer, Honorable Rita Williams, Providence City Council Member, Phillis Johnson, Ms. Sharon Harmon, Ms. Raquel Almeida, Ms. Elizabeth DaSilva, Ms. Barbra Dodd, Stephanie and Debbier Water, Ms. Shiela Lemon, Ms. Elaina Harris, Ms. Roberta Ashley, Mrs. Alicia Rodriguez, Aaron and Jose DeLuna, Mr. Chris Johnson, Ms. Phillis Johnson, Rev. Lee Vaughna Williams, Mrs. Catherine Farizer, Ms. Ruth James, Ms. Francis Threats, Jennie and Brandon Brown, Ms. Susan Shockey, Ms. Lillian D'Ovidio, Ms. Anna Boyajian, Ms. Vicky Grayson, Ms. Edith Santos, Mrs. Rodrigues, Mr. and Mrs. DaGraca, Mrs. Connie Wise, Ms. Stephanie Morris, Mr. Booker Jackson, Ms. Dorothy 01a, Ms. Catherine Brown, Mr. Joey Craviero, Ms. Maxine Anderson, Mr Anthony Green, Ms. Alice Davis, Rui and Marguerita DaGraca, Ms. Dottie Matthews, Ms. Kathy Segal, Ms. Linda Perry, Ms. Rita Corria, Ms. Elizabeth Mecedes, Mr. Leroy Hollaway, Ms. Hilda Mendez, Ms Florence Perry, Ms. Susan Corria, Ms. Denise Johnson, Ms. Nicole DeMaio, Mr. Miguel Lopes, Ms. Yvonne DeCruz, Ms. Meagan DeCruz, Ms. Jasmine Randall, Mr. and Mrs. Belt and Tom Isom.

Upon suggestion of Senators Oster and Connors, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Kristen Martel of the University of Rhode Island, who will be attending Harvard Law School.

Upon suggestion of Senator Tavares, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Daniel DaPoint, Hilda Mendes and Florence Perry.

Upon suggestion of Senator Kells, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber students from the San Miguel School, Seventh Graders, Joel Del Rosario, Seth Jones, Kenny Ferrara, Luis Guerreo, Braulro Cortes, Harol Quixtan, Miguel Castillo, Shong Yang, Scott Roderick, Joshua Ventura, Teng Yang, Raheim McClung, Tim Kilgore, Robbie Angell, and their Principal Br. Laurance Goyette.

Upon suggestion of Senator Polisena, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Richard Applebaum of Johnston.

Upon suggestion of Senator Coderre, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Ted Whiteside, Executive Director of Prevent Child Abuse - Rhode Island, who is here to kick off Child Abuse Prevention Blue Ribbon Campaign.

FROM THE



HOUSE OF REPRESENTATIVES


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

(98-H 7871) (Substitute "A") An Act relating to businesses and professions.

Read and referred to the Committee on Corporations.

Also:

(98-H 8793) (Substitute "A") An Act relating to health insurance coverage.

Read and referred to the Committee on Corporations.

Also:

(98-H 8250) An Act relating to HMO's.

Read and referred to the Committee on Corporations.

Also:

(98-H 7831) An Act relating to public utilities and carriers - community antenna television systems.

Read and referred to the Committee on Corporations.

Also:

(98-H 7980) (Substitute An Act relating to health and safety- lead paint.

Read and referred to the Committee on Finance.

Also:

(98-H 7898) An Act relating to alcoholic beverages - identification cards.

Read and referred to the Committee on Finance.

Also:

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

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

Also:

(98-H 7469) An Act relating to partial birth abortions.

Read and referred to the Committee on Judiciary.

Also:

(98-H 8705) (Substitute"A") An Act relating to proceedings in Family Court.

Read and referred to the Committee on Judiciary.

Also:

(98-H 8789 as amended) An Act relating to criminal offenses.

Read and referred to the Committee on Judiciary.

Also:

(98-H 7894) An Act relating to motor vehicles - motor vehicles reparations act.

Read and referred to the Committee on Judiciary.

REPORTS OF COMMITTEES


COMMITTEE ON CORPORATIONS


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

(98-S 2852 as amended) An Act relating to motor carriers of property.

Read and ordered to be placed on the Calendar.

(98-S 2597) (Substitute "A") An Act relating to insurance.

Read and ordered to be placed on the Calendar.

(98-H 7978) (Substitute "A'') An Act relating to towns and cities - award of municipal contracts.

Read and ordered to be placed on the Calendar.

COMMITTEE ON FINANCE


Senator Lenihan, from the Committee on Finance, reports back, with recommendation of passage of the following measures:

(98-S 2092 as amended) An Act relating to taxation of beverage containers.

Read and ordered to be placed on the Calendar.

(98-S 2653) An Act relating to Rhode Island job development act.

Read and ordered to be placed on the Calendar.

(98-S 2839) (Substitute"A") An Act relating to the Rhode Island jobs development act.

Read and ordered to be placed on the Calendar.

(98-S 3037 as amended) An Act relating to state debt reduction.

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 2737 as amended) An Act relating to weapons.

Read and ordered to be placed on the Calendar.

(98-S 2817) (Substitute cc An Act relating to the uniform commercial code bulk transfers.

Read and ordered to be placed on the Calendar.

(98-S 2821) An Act relating to small estates.

Read and ordered to be placed on the Calendar.

(98-S 3096 as amended) An Act relating to miscellaneous fines.

Read and ordered to be placed on the Calendar.

COMMITTEE ON SPECIAL LEGISLATION


Senator Goodwin, from the Committee on Special Legislation, reports back, with recommendation of passage of the following measures:

(98-S 2122) (Substitute "A") An Act relating to fish and wildlife- general provisions/licensing.

Read and ordered to be placed on the Calendar.

(98-S 2764) (Substitute "A") An Act relating to alcoholic beverages- retail licenses.

Read and ordered to be placed on the Calendar.

COMMITTEE ON JUDICIARY


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

Appointment of the Honorable Francis X. Flaherty of Warwick VICE the Honorable Patricia Hayward to the Board of Governors for Higher Education for a term expiring January 21, 2001.

Read and ordered to be placed on the Consent Calendar.

Appointment of Dr. Robert J. McKenna of Newport (Representing Coalition of Library Advocates) VICE Rose Ellen Reynolds to the Library Board of Rhode Island for a term expiring December 31, 1999.

Read and ordered to be placed on the Consent Calendar.

Appointment of William A. Shuey of Providence (Representing Disadvantaged Persons) VICE Mary Reilly to the Library Board of Rhode Island for a term expiring December 31, 1999.

Read and ordered to be placed on the Consent Calendar.

Reappointment of Peter Barbera of Wakefield to the Marine Fisheries Council for a term expiring April 1, 2002.

Read and ordered to be placed on the Consent Calendar.

Reappointment of Arnold Butziger of Warwick to the Marine Fisheries Council for a term expiring April 1, 2002.

Read and ordered to be placed on the Consent Calendar.

Reappointment of Robert Gearing of Riverside to the Marine Fisheries Council for a term expiring April 1, 2002.

Read and ordered to be placed on the Consent Calendar.

Appointment of Robert B. Rheault, Jr. of Wakefield VICE Thomas A. Halavik (Resigned) to the Marine Fisheries Council for a term expiring April 1, 2002.

Read and ordered to be placed on the Consent Calendar.


NEW BUSINESS


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

Senator Paiva Weed presents (98-S 3104) An Act relating to the Jamestown land bank.

Read and referred to the Committee on Corporations.

Senator Polisena presents (by request) (98-S 3105) An Act relating to towns and cities -indebtedness of towns and cities.

Read and referred to the Committee on Finance.

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

Senators Damiani and Polisena present (98-S 3106) An Act relating to the Department of Corrections.

Read and referred to the Committee on Judiciary.

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

Senator Paiva Weed presents (98-S 3107) An Act relating to motor vehicles.

Read and referred to the Committee on Judiciary.

Senators O'Leary, Polisena, Paiva Weed, Tavares, Goodwin and others present (98-S 3108) Senate Resolution extending sincere condolences on the passing of Anna M. Sullivan.

Senator O'Leary requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator O'Leary, seconded by Senator Kelly and the entire Senate, and by unanimous consent, read and passed, under suspension of the rules, upon a rising vote.

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

Senators Kelly, Badeau, Polisena, Fogarty and Coderre present (98-S 3109) An Act relating to business assistance.

Read and referred to the Committee on Corporations.

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

Senators Kelly, Walton and Badeau present (98-S 3110) An Act relating to property - demolition/ vacant lot program.

Read and referred to the Committee on Corporations.

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

Senators Kelly, Sosnowski, Enos, Walsh and Fogarty present (98-S 3111) An Act relating to rural development.

Read and referred to the Committee on Corporations.

CALENDAR


In order for the day is taken up as follows:

8. (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.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, May 5, 1998.



12. (98-S 2725) An Act relating to Health and Educational Building Corporation.

Committee on Health, Education and Welfare recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, May 5, 1998.



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.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Wednesday, May 6, 1998.



14. (98-S 2547) An Act relating to chiropractors.

Committee on Health, Education and Welfare recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, May 5, 1998.



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 cc

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, May 5, 1998.



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".

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, May 5, 1998.



Upon suggestion of Senator Enos, and without objection, items 1, 2, 4 and 5 on today's Calendar will be taken in one vote.

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.

4. Reappointment of Richard S. Humphrey of Tiverton 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.

Upon motion of Senator Paiva Weed, seconded by Senators Issa, Walsh, Kelly, Coderre, Palazzo and other, and by unanimous consent, the confirmation of the Senate is given these appointments, 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, Badeau, Bates, Blais, Breene, Canrio, Celona, Cicilline, Coderre, Connors, Cote, Doneian, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Iz;';o, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Polisena, Raptal;is, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowsl;i, Tavares, Walasl:a, Walsh, Walton.

NAYS -O.

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.

Senator O'Leary, seconded by Senators Kelly, Lenihan, Celona, Izzo, Roberts, Revens, Breene, Parella, Coderre, Perry, Oster, Goodwin, Connors, Polisena, Fogarty, Cote, McBurney, Cicilline, Irons and many others, moves confirmation of the Senate be given this appointment.

Senator Paiva Weed discusses the confirmation.

By unanimous consent, the confirmation of the Senate is given this appointment, 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, Badeau, Bates, Blais, Breene, Canrio, Celona, Cicilline, Coderre, Connors, Cote, Doneian, Enos, 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, Rantakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowsl;i, Tavares, Walasl;a, Walsh, Walton.

NAYS -O.

GUESTS


Upon suggestion of Senators O'Leary, Roberts, McBurney, Montalbano, Donelan, Revens, Palazzo and Raptakis, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Madeline Quirk of Cranston, newly confirmed Associate Justice of the Rhode Island District Court, along with many family and friends.

CALENDAR




6. (98-S 2626 as amended) An Act relating to taxation.

Committee on Judiciary recommends passage as amended.

Senator Walton moves passage, seconded by Senators Coderre, Enos, Perry, Kells, Paiva Weed, Ruggerio, Graziano, Nygaard, Roney and others.

Senator Montalbano, seconded by Senator McCaffrey, offers the following written motion to amend:

FLOOR AMENDMENT

TO



(98-S 2626 as amended)


Mr. President:

I hereby move to amend (98-S 2626 as amended) entitled "AN ACT RELATING TO TAXATION", as follows:

(1) On page 1 line 4, by deleting the words "any of" and the words and numbers, "Chapter 9, Title 44".

(2) Page 1 line 4, by adding the following word and numbers after the words "provisions of' "sections 44-9-8, 44-9-8.1, 44-9-18 and 44-9-18.2"

Respectfully submitted,

JOSEPH A. MONTALBANO
Senator, District 37

Senators Roney, Graziano, Montalbano, Walaska, Walton and Kells discuss the amendment.

The motion to amend fails of passage upon a roll call vote with 13 Senators voting in the affirmative and32 Senators voting in the negative as follows:

YEAS - 13; Senators Blais, Breene, Caprio, Celona, Donelan, Graziano, Issa, McBurney, McCafirey, Montalbano, Patterson, Raptakis, Walasl;a.

NAYS - 32; Senators Algiere, Badeau, Cicilline, Coderre, Connors, Cote, Enos, Fogarty, Gibbs, Goodwin, Irons, Izzo Kells, Kelly, Lenihan, Nygaard, O'Leary, Oster, Paiva Weed' Palazzo, Parella, Perry, Polisena, Revens, Roberts, Roney' Rug;gerlo, Sasso, Sosnowsl;i, Tavares, Walsh, Walton.

Senator Montalbano, seconded by Senators Cote, McCaffrey, Walaska and McBurney, offers the following written motion to amend:

FLOOR AMENDMENT

TO



(98-S 2626 as amended)


Mr. President:

I hereby move to amend (98-S 2626 as amended) entitled "AN ACT RELATING TO TAXATION", as follows:

(1) Page 2 after line 6 by adding the following language,

"(g) Upon request the collector shall furnish a statement of lien(s) as required by section 44-7-11. The information contained therein shall be binding upon all assignees entitled to the collection of any such lien for taxes pursuant to section 44-9-1."

Respectfully submitted,

JOSEPH A. MONTALBANO
Senator, District 37

Senator Roney discusses the amendment.

The motion to amend fails of passage upon a roll call vote with 15 Senators voting in the affirmative and 30 Senators voting in the negative as follows:

YEAS 15; Senators Blais, Breene, Canrio, Celona, Cote, Doneian, Gra';iano, Issa, McBurney, McCafirey, Montalbano, Parella, Patterson, Rapatkis, Walasl;a.

NAYS - 30; Senators Algiere, Badeau, Bates, Cicilline, Coderre, Connors, Enos, Fogarty, Gibbs, Goodwin, Irons, Izzo, Kells, Kelly, Lenihan, O'Leary, Oster, Paiva Weed, Palazzo, Perry, Polisena, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowsl;i, Tavares, Walsh, Walton.

Senator Montalbano, seconded by Senators McCaffrey and Walaska, offers the following written motion to amend:

FLOOR AMENDMENT

TO



(98-S 2626 as amended)


Mr. President:

I hereby move to amend (98-S 2626 as amended) entitled "AN ACT RELATING TO TAXATION", as follows:

(1) After line 6, add the following language:

"SECTION 2. Sections 44-9-10 and 44-9-11 of the General Laws in Chapter 44-9 entitled, "Tax Sales" are hereby amended to read as follows:

44-9-10. NOTICE OF SALE TO TAX PAYER. - (a) Whether or not the person to whom the estate is taxed as of December 31st Prior to the tax sale be a resident of this state, the collector shall, in addition to the foregoing, notify the taxpayer of the time and place of sale either by registered or certified mail sent postpaid to the taxpayer's 1st and usual place of abode usual place of abodestreet address of the real estate liable for payment of taxes, and, if different, to the taxpayer's address listed with the tax assessor's office of the city or town where the real estate is located or to any other address taxpayer designates by written notice to the tax assessor, or to the address of the taxpayer stated on the deed recorded in the land evidence records of the city of or town where the real estate is located or to the last known address of the taxpayer not less than twenty (20) days before the date of sale or any adjournment thereof or be left at the taxpayer's last and usual place of abode, known address or personally served on the taxpayer not less than twenty (20) days before the date of sale or any adjournment thereof but no notice of adjournments shall be necessary other than the announcement made at the sale.

(b) Persons aged sixty-five (65) years and over or persons suffering from a disability may designate a third party to whom notice may be sent as required pursuant to this section by advising the tax assessor of the name and address of the person.

(c) If the estate taxeda corporation, the notice may be sent either by registered mail or certified mail to its place of business or left at the business office of the corporation with some person there employed, an entity which is registered with the Rhode Island secretary of state's office and/or the state ofRhode Island department of business regulation banking division, by mailing a copy of the notice either by registered or certified mail postal prepaid not less than twenty (2 0) days before the date of sale or any adjournment thereof to an agent authorized to receive service of process.

(d) In the event the person to whom the estate is taxed is listed in the records of the assessor and/or collector as having applied for and been granted a property tax abatement based wholly or partially on the age of the taxpayer, then the collector shall also notify the department of elderly affairs by registered or certified mail postage prepaid not less than twenty (20) days before the date of the sale. Failure to notify the department of elderly affairs shall not affect the validity of a tax sale.

(e) If the record owner of the estate taxed as of ninety (90) days prior to the scheduled tax sale is different than the owner of the estate taxed on the December 31st prior to the scheduled tax sale, the collector shall, in addition to the foregoing, notify said record owner as of ninety (90) days prior to the scheduled tax sale in the same manner as set forth in sections 44-9-10(a) and 44-9-10(c).

44-9-11. NOTICE TO MORTGAGEES AND OTHER PARTIES IN LATER INTEREST. - (a) In case the collector shall advertise for sale any property, real, personal, or mixed, in which any person other than the person to whom the tax is assessed has an interest, it shall not be necessary for the collector to notify the interested party, except mortgagees of record, former fee holders whose right to redeem has not been foreclosed, holders of tax title, holders of life estates of record, and vested remaindermen whose identity can be ascertained from an examination of the land or probate records of the municipality conducting the sale, and/or their assignees of record who shall be notified by the collector either by registered or certified mail sent postpaidto the last and usual place of abode or place of business of the mortgage, not less than twenty (20) days before the date of sale or any adjournment thereof, or be left at his or her last and usual place of abode, or personally served on him or her, not less than twenty (20) days before the date of sale or any adjournment thereof, to an agent authorized by appointment or by law to receive service of process, or if there be no such agent, to the address of the mortgages or assignee set forth in the recorded mortgage document or the recorded assignment or to the last known address of the mortgagee, but no notice of adjournments shall be necessary other than the announcement made at the sale. The posting and publication of the notice of the time and place of sale in the manner provided by section 44-9-9 shall be deemed sufficient notice to all other interested parties. This provision shall apply to all taxes levied prior to and subsequent to 1896." (2) On page 3, in line 6, delete the number cc and insert in place thereof the number cc3~~

Respectfully submitted,

JOSEPH A. MONTALBANO
Senator, District 37

Senators Roney, Montalbano and Parella discuss the amendment.

The motion to amend fails of passage upon a roll call vote with 12 Senators voting in the affirmative and33 Senators voting in the negative as follows:

YEAS - 12; Senators Blais, Breene, Caprio, Celona, Donelan, Gra;;iano, Issa, McBurney, McCaillrey, Montalbano, Raptal;is, Walaska.

NAYS - 33; Senators Algiere, Badeau, Bates, Cicilline, Coderre, Connors, Cote, Enos, Fogarty, Goodwin, Irons, Izzo Kells, Kelly, Lenihan, Nygaard, O'Leary, Oster, Paiva Weed' Palazzo, Parella, Patterson, Perry, Polisena, Revens, Roberts' Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walsh, Walton.

Senators Montalbano, Donelan, Paiva Weed, Raptakis, Patterson and Goodwin discuss the act.

The act is read and passed, as amended, by unanimous consent, upon a roll call vote with 37 Senators voting in the affirmative and 9 Senators voting in the negative as follows:

YEAS 37; Senators Algiere, Badeau, Bates, Breene, Canrio, Celona, Cicilline, Coderre, Connors, Cote, Fogarty, Gibbs, Goodwin, Irons, Izzo, Kells, Kelly, Lenihan, Nygaard, O'I-eary, Oster, Paiva Weed, Palazzo, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowsl;i, Tavares, Walsh, Walton.

NAYS - 9; Senators Blais, Doneian, Graziano, Issa, McBurney, McCaffrey, Montalbano, Patterson, Walaska.

7. (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 Blais, and without objection, ordered to be placed on the desk.

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.

ADJOURNMENT




Upon motion of Senator Kelly, seconded by Senator Algiere, and upon suggestion of Senator Graziano, the Senate adjourns at 5:48 o'clock P.M., on a unanimous rising vote, as a further mark of respect to the memory of Anna M. Sullivan of Cranston, who will be greatly missed.

(See Appendix for Senate Tribute)



RAYMOND T. HOYAS, JR.
Clerk of the Senate

Appendix



INVOCATION

SENATOR JOHN PATTERSON

Accept our dedication, Lord, which we offer to the people of our state. Fill us with the sense of Your presence and guide us in our ministry. Amen.



Appendix

SENATE TRIBUTE


SENATOR CATHERINE E. GRAZIANO


Senate Tribute to Anna M. Sullivan

It is rare in one's lifetime to encounter an individual whose goodness and honesty and genuine concern for others shines forth like a beacon of light in the darkness. Anna Walsh Sullivan was one of those individuals.

Anna Walsh and I were classmates at St. Xavier's Academy thus beginning a friendship that lasted more than fifty years. Anna was then as she was later in life quiet, studious, dedicated to serious effort in all her endeavors, and above all, a truly Christian woman.

Anna's family including her devoted husband Robert, her ten children and nine grandchildren have been left a legacy that will not be equaled or surpassed in this lifetime.

When Anna undertook any project, she knew that she had the unqualified support of her family and firends. Projects such as "right to life advocacy", her efforts on behalf of the anti-abortion lobby, increased nutritional support for pregnant women, the banning of assisted suicide, as well as the provision of baby clothing and furniture needed for pregnant women have demonstrated Anna's commitment to doing God's will in all things and her faith that permeated her entire life. Anna truly believed in a "women's right to know" and supported legislation that would provide information and knowledge.

Any of us who stood with Anna on the cold days in mid January on the steps of this State House despite snow, wind, rain, hail and whatever else the elements could conjure up know the depth of Anna's commitment to saving the lives of unborn and defenseless babies in the womb. Even those whose philosophy differed from Anna's respected her and were respected by Anna in turn.

Her work will continue. Anna made sure that the movement will go forward aided by those who worked with her and her volunteers, who gave many hours of their time so that others might benefit- in particular that women in difficult times would have a support system, a refuge, a caring program and people who truly believed, that we are our borthers' keepers.

Today, I ask that we adjourn in the memory of this remarkable woman of our time. As we do so, we send our sincere condolences to her husband Bob, her children Stephen, Gregory, Andrew, Kevin, Regina, Anne, Kathleen, Angela, Christine, and Roberta as well as to her nine grandchildren.

We thank them for sharing their beloved Anna with all of us and with the citizens of the state of Rhode Island. We join the many young and older women who have benfited from Anna's efforts on behalf of them and their babies as we say farewell. We join the many friends and relatives who will miss Anna greatly.

As you go to your final reward, Anna, remember us and pray for us as we will pray for you.

Appendix



CONSENT CALENDAR


In order for Thursday, April 30, 1998:

1. Appointment of the Honorable Francis X. Flaherty of Warwick VICE the Honorable Patricia Hayward to the Board of Governors for Higher Education for a term expiring January 21,2001.

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

2. Appointment of Dr. Robert J. McKenna of Newport (Representing Coalition of Library Advocates) VICE Rose Ellen Reynolds to the Library Board of Rhode Island for a term expiring December 31, 1999.

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

3. Appointment of William A. Shuey of Providence (Representing Disadvantaged Persons) VICE Mary Reilly to the Library Board of Rhode Island for a term expiring December 31, 1999.

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

4. Reappointment of Peter Barbera of Wakefield to the Marine Fisheries Council for a term expiring April 1, 2002.

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

5. Reappointment of Arnold Butziger of Warwick to the Marine Fisheries Council for a term expiring April 1, 2002.

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

6. Reappointment of Robert Gearing of Riverside to the Marine Fisheries Council for a term expiring April 1, 2002.

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

7. Appointment of Robert B. Rheault, Jr. of Wakefield VICE Thomas A. Halavik (Resigned) to the Marine Fisheries Council for a term expiring April 1, 2002.

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



RAYMOND T. HOYAS, JR.
Clerk of the Senate
Wednesday, April 29, 1998

Appendix



CALENDAR


In order for Thurday, April 30, 1998:

1. (98-S 2757) (Substitute cc An Act relating to state purchases.

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

2. (98-S2675) (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.

3. (98-H7570) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage in concurrence.

4. (98-S 2370) (Substitute cc An Act relating to vicious dogs.

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

5. (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.

6. (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 "A".

7. (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".

8. (98-S 2688) An Act relating to mental health.

Committee on Judiciary recommends passage.

9. (98-S 2345 as amended) An Act relating to wheelchair lift equipped vehicles and public assistance.

Committee on Finance recommends passage as amended.

10. (98-S 2347) An Act relating to family independence act.

Committee on Finance recommends passage.

11. (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.

12. (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 cc~~)(

13. (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".

14. (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.

15. (98-S 2535) An Act relating to weapons.

Committee on Judiciary recommends passage.

16. (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.

17. (98-S 2854) (Substitute "A") An Act relating to parole.

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

Appendix



CALENDAR


In order for Tuesday, May 5, 1998:

1. (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.

2. (98-S 2725) An Act relating to Health and Educational Building Corporation.

Committee on Health, Education and Welfare recommends passage.

3. (98-S 2547) An Act relating to chiropractors.

Committee on Health, Education and Welfare recommends passage.

4. (98-S2705) (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".

5. (98-S2859) (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".

6. (98-S 2795) An Act relating to businesses and professions electricians.

Committee on Labor recommends passage.

7. (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~,,

8. (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.

9. (98-S 2450) An Act relating to professional service corporations.

Committee on Corporations recommends passage.

10. (98-S 2632) An Act relating to temporary disability insurance- exemption of certain persons.

Committee on Labor recommends passage.

11. (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

12. (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"A"(

13. (98-S 2614 as amended) An Act relating to disorderly conduct.

Committee on Judiciary recommends passage as amended.

14. (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.

15. (98-S 2597) (Substitute "A") An Act relating to insurance.

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

16. (98-S 2852 as amended) An Act relating to motor carriers of property.

Committee on Corporations recommends passage as amended.

17. (98-S 2092 as amended) An Act relating to taxation of beverage containers.

Committee on Finance recommends passage as amended.

18. (98-S 2653) An Act relating to Rhode Island job development act.

Committee on Finance recommends passage.

19. (98-S 2839) (Substitute "A") An Act relating to the Rhode Island jobs development act.

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

20. (98-S 3037 as amended) An Act relating to state debt reduction.

Committee on Finance recommends passage as amended.

21. (98-S 2737 as amended) An Act relating to weapons.

Committee on Judiciary recommends passage as amended.

22. (98-S 2817) (Substitute "A") An Act relating to the uniform commercial code - bulk transfers.

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

23. (98-S 2821) An Act relating to small estates.

Committee on Judiciary recommends passage.

24. (98-S 3096 as amended) An Act relating to miscellaneous fines.

Committee on Judiciary recommends passage as amended.

25. (98-S 2122) (Substitute "A") An Act relating to fish and wildlife - general provisions/ licensing.

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

26. (98-S 2764) (Substitute "A") An Act relating to alcoholic beverages retail licenses.

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

Appendix



CALENDAR


In order for Wednesday, May 6, 1998:

1. (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.

2. (98-H7978) (Substitute "A") An Act relating to towns and cities - award of municipal contracts.

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



RAYMOND T. HOYAS, JR.
Clerk of the Senate
Wednesday, April 29, 1998



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

Thank you for stopping by!