SENATE JOURNALS - Tuesday, May 5, 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. 45 Tuesday, May 5, 1998 Forty-fifth Day

The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Bernard A. Jackvony, at 4:14 o'clock P.M.

The roll is called and a quorum is declared present with 50 Senators present and 0 Senators absent as follows:

PRESENT - 50: Senators Algie~e, Alves, Badeau, Bates, Blals, Breene, Caprio, Celona, Cicllline, Codepe, Connors, Cole, Daffliani, Doneian, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

ABSENT-0.

INVOCATION

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

(See Appendix for Invocation)

PLEDGE OF ALLEGIANCE TO THE FLAG

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

APPROVAL OF RECORD The Senate Journal of Thursday, 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 Sosnowski, Algiere and McDonald, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Anne O'Neil President, South County Tourism Council, Jack Apperson, Narragansett Chamber of Commerce, and Larry Fortin of Kingston, Rhode Island, who are here for the South County Day Celebration at the State House.

Upon suggestion of Senators Polisena and Ruggerio, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Vincent Polisena, Uncle of Senator Polisena.

Upon suggestion of Senator Izzo, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the Honorable Brenda Clement, former Pawtucket City Councilor.

APPOINTMENT BY THE GOVERNOR

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

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS EXECUTIVE CHAMBER, PROVIDENCE

Lincoln Almond
Governor

May 4, 1998 To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 42-63-5 of the Rhode Island General Laws, I have made the following appointment to the Rhode Island Economic Develpoment Corporation: Robert A. Antignano of Cranston VICE Peter Menzi (resigned) for a term expiring Febuary 1, 2000.

To this appointment, I respectfully request your advice and consent.

Sincerely,

LINCOLN ALMOND
Governor

Read and referred to the Committee on Judiciary.

COMMUNICATION

His Honor, the Lieutenant Governor, presents the following communication:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS SENATE CHAMBER
May 7, 1998 Lieutenant Governor Bernard A. Jackvony Room 115 State House
Providence, RI 02903

Dear Lieutenant Governor Jackvony: I will be attending a "Women in Government Conference in San Antonio, Texas, on the subject of HIV and Aids Infections from May 7-10, 1998 and will therefor be out of state during that time. I anticipate not being present for Committee Meetings or the Senate Session on Thursday, May 7, 1998, but expeect to return for the following week's activities.

Sincerely,

CATHERINE E. GRAZIANO RN, PHD
Senator, District 5

Received and ordered to be placed on file.

REPORTS OF COMMITTEES

COMMITTEE ON CORPORATIONS

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

(98-S 2017) (Substitute "A") An Act relating to situs and ownership of taxable property.

Read and ordered to be placed on the Calendar.

(98-S 2278 as amended) An Act relating to businesses and professions- pharmacy.

Read and ordered to be placed on the Calendar.

(98-S 3048) An Act authorizing thr Woonsocket Firemen's Relief Association to increase its holdings to and amount not exceeding six million dollars (6,000,000).

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 measure:

(98-S 2203) An Act relating to motor and other vehicles - Motor Vehicle Reporations Act.

Read and ordered to be placed on the Calendar. TRANSFER OF BILL

Senator Izzo, from the Committee on Health, Education and Welfare, in accordance with Senate Rule 6.14, moves to transfer the following bill from the Committee on Health, Education and Welfare to the Committee on Judiciary: (98-H 8311) (Substitute "A") An Act relating to State Affairs amd Government - confidentiality of records.

Read and referred to the Committee on Judiciary.

FROM THE

HOUSE OF REPRESENTATIVES

A message from the House of Representatives transmits with announcement of passage: (98-H 7284) (Substitute "A") An Act relating to aeronautics- permanent noise monitoring act.

Read and referred to the Committee on Corporations.

Also: (98-H 7436) An Act relating to public utilities and carriers- motor passenger carriers.

Read and referred to the Committee on Corporations.

Also: (98-H 7504) An Act relating to barbers, hairdressers and cosemeticians.

Read and referred to the Committee on Corporations.

Also: (98-H 7558) An Act relating to property taxes and persons who are permanantly disabled.

Read and referred to the Committee on Corporations.

Also: (98-H( 7718) An Act relating to businesses and professions.

Read and referred to the Committee on Corporations.

Also: (98-H 7751) An Act relating to Rhode Island Resource Recovery Agency.

Read and referred to the Committee on Corporations.

Also: (98-H 7799) (Substitute "A" as amended) An Act relating to health care.

Read and referred to the Committee on Corporations.

Also: (98-H 7879) (Substitute "A" as amended) An Act relating to public utility companies.

Read and referred to the Committee on Corproations.

Also: (98-H 7974) An Act relating to businesses and professions.

Read and referred to the Committee on Corporations.

Also: (98-H 7981) An Act relating to public utilities and carriers- the towing storage act.

Read and referred to the Committee on Corproations.

Also: (98-H 8079) An Act relating to food, drugs and cosmetics act.

Read and referred to the Committee on Corporations.

Also: (98-H 8221) An Act relating to business and professions.

Read and referred to the Committee on Corprorations.

Also: (98-H 8530) An Act authorizing the town of North Kingstown to finance the aquisition of development rights to farmland and other real estate and to issuue not more than $4,000,000 bond and notes therefor.

Read and referred to the Committee on Corproations.

Also: (98-H 8921) An Act authorizing the town of North Kingstown to finance new construction, expansion, remodeling, renovations, additions, improvements and/or related equipment for the North Kingstown High School and the school administration building.

Read and referred to the Committee on Corporations.

Also: (98-H 8247 as amended) An Act relating to relief of injured amd deceased fire fighters and police officers.

Read and referred to the Committee on Finance.

Also: (98-H 8339) (Substitute "A") An Act relating to apprenticeship.

Read and referred to the Committee on Finance.

Also: (98-H 7123) (Substitute "A" as amended) An Act relating to health and safety human cloning.

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

Also: (98-H 7545) (Substitute "A" as amended) An Act relating to businesses and profession nurses.

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

Also: (98-H 7697) (Substitute "A") An Act relating to confidentiallity of Health Care Communications and Information Act.

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

Also: (98-H 7732) (Substitute "A") An Act relating to health and safety - cemeteties - scattering of ashes.

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

Also: (98-H 7873 as amended) An Act relating to education - school employees.

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

Also: (98-H( 8060) An Act relating to businesses and profession- Board of Medical Licensure and Discipline.

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

Also: (98-H 8065) An Act relating to food markets.

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

Also: (98-H 8066) (Substitute "A" as amended) An Act relating to licensing of health care facilities.

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

Also: (98-H 8073) An Act relating to nurses.

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

Also: (98-H 7313 as amended) An Act relating to interception of wire and oral communications.

Read and referred to the Committee on Judiciary.

Also: (98-H 7657) An Act relating to criminal offenses - mandatory community restitution.

Read and referred to the Committee on Judiciary.

Also: (98-H 7750) An Act relating to trusts for minors.

Read and referred to the Committee on Judiciary.

Also: (98-H 7905) An Act relating to open meetings.

Read and referred to the Committee on Judiciary.

Also: (98-H 8031) An Act relating to domestic violence prevention act.

Read and referred to the Committee on Judiciary.

Also: (98-H 8330 as amended) An Act relating to criminal procedure- domestic abuse.

Read and referred to the Committee on Judiciary.

Also: (98-H 8659) An Act relating to insurance -reporting of health care fraud.

Read and referred to the Committee on Judiciary.

Also: (98-H 7202 as amended) An Act relating to labor. Read and referred to the Committee on Labor.

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

Read and referred to the Committee on Labor.

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

Read and referred to the Committee on Labor.

Also: (98-H 7736) (Substitute "A") An Act relating to workers' compensation.

Read and referred to the Committee on Labor.

Also:

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

Read and referred to the Committee on Labor.

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

Read and referred to the Committee on Labor.

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

Read and referred to the Committee on Labor.

Also: (98-H 8799) (Substitute "A" as amended) An Act relating to labor and labor relations - workers' compensation.

Read and referred to the Committee on Labor.

Also: (98-H 7593) Joint Resolution creating a special legislative commission to study the feasibility of allowing unionized classified employees at all higher education institutions to be able to negotiate directly with Rhode Island Board of Governors.

Read and referred to the Committee on Special Legislation.

Also: (98-H 7931) An Act relating to motor and other vehicles.

Read and referred to the Committee on Special Legislation. (98-H 8352) An Act relating to motor and other vehicles - parking facilities and privileges.

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.

Senators Celona and Ruggerio present (98-S 3118) Joint Resolution making an appropriation of $2,233.46 to pay the claim of Amica Mutual Insurance Company, P.O. Box 6008, Providence, Rhode Island 02940 as subrogee of Craig M. Forbes of 94 Mayfield Road, Warwick, Rhode Island 02888.

Read and referred to the Joint Committee on Accounts and Claims.

Senators Celona and Ruggerio presents (98-S 3119) Joint Resolution making an appropriation of $1,882.40 to pay the claim of Amica Mutual Insurance Company, P.O. Box 6008, Providence, Rhode Island 02849 as subrogee of Doglas M. Laroche of 231 Little Pond County Road Cumberland Rhode Island 02864.

Read and referred to the Joint Committee on Accounts and Claims.

Senator Polisena presents (98-S 3120) Senate Resolution restaining the life of and extending the reporting and expiration dates of the special Senate Commission to study the impact of nursing staffing in licensed health care facilities in Rhode Island.

Read and referred to the Committee on Special Legislation.

Senators Donelan, McCaffery, Walaska and Sasso present (98-S 3121) Senate Resolution declaring May 3, 1998 as the opening of the 33rd Annual Celebration of Gaspee Days.

Senator Donelan requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator Donelan, seconded by Senators McCaffrey, Walaska and Sasso, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.

Senators Fogarty, Flynn and Breene present (98-S 3122) Senate Resolution congratulating the Manton Free Public Library on its 150th Anniversary.

Senator Fogarty requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senator Donelan presents (98-S 3123) Senate Resolution proclaiming August 1, 1998 and each year therafter Francis Scott Key Day.

Read and referred to the Committee on Special Legislation.

Senators Paiva Weed and Enos present (98-S 3124) An Act relating to solemnization of marriages.

Read and referred to the Committee on Judiciary.

Senators Kelly, Fogarty and Tavares present (98-S 3125) Senate Resolution recognizing the importance of rivers.

Senator Kelly requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

CALENDAR

In order for the day is taken up as follows:

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.

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

8. (98-S 2535) An Act relating to weapons.

Committee on Judiciary recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Thursday, May 7, 1998.

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".

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Thursday, May 7, 1998.

11. (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 12, 1998.

13. (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 12, 1998.

17. (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".

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Thursday, May 14, 1998.

20. (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 12, 1998.

34. (98-S 3096 as amended) An Act relating to miscellaneous fines.

Committee on Judiciary recommends passage as amended.

Upon suggestion of Senator Enos, seconded by Senator Paiva Weed, and without objection, ordered to be recommitted to the Committee on Judiciary.

1. (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.

Senator Algiere moves passage, seconded by Senators Bates, McCaffrey, Patterson, Gibbs, Breene, Alves, McDonald, Goodwin, Oster, Fogarty, Cote and many others.

Senators Roney, Cicilline, Issa, Kells, Walton, Blais, Parella, Raptakis, Polisena, Fogarty, Perry, Graziano, Celona, McDonald, Kells, Walaska and Algiere 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 39 Senators voting in the affirmative and 10 Senators voting in the negative as follows:

YEAS - 39: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Irons, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Raptakis, Revens, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh.

NAYS - 10: Senators Cicilline, Coderre, Graziano, Issa, Izzo, Kells, Perry, Roberts, Roney, Walton.

2. (98-S2116) (Substitute "A" as amended) An Act relating to waters and navigation - underground storage tank financial responsibility act.

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

Senator Enos moves passage, seconded by Senators Parella, Issa, Blais, Walsh, Damiani, Walaska, Irons and others.

Senators Parella, Alves and Enos discuss the act.

The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 46 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 46: Senators Algiere, Alves, 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, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio' Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

3. (98-S2350) (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".

Senator O'Leary moves passage, seconded by Senator Polisena, Cicilline, Nygaard, Roberts and others.

Senator O'Leary, seconded by Senators Polisena, Roberts, Nygaard and others, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(98-S 2350) (Substitute "A")

Mr. President:

I hereby move to amend 98 -- S 2350 SUBSTITUTE A, entitled "AN ACT RELATING TO LICENSING OF MASSAGE THERAPY ESTABLISHMENTS", as follows:

On page 1 in line 6 delete the word "and" following the numbers "23-20.8-6".

On page 1 line 6 add the following "and 23-20.8-10" after the numbers "23-20.8-8."

On page 3 following line 18 add the following language

" 23-20.8.10. Enforcement. -- ~~This~~ Except for the provisions of section 23-20.8-11 this chapter shall be enforced by the director of health.

SECTION 3. Chapter 23-20.8 of the General Laws entitled "Licensing of Massage Parlors" is hereby amended by adding thereto the following section:

23-20.8-11. Penalties. -- (a) Any person who practices massage or maintains a massage therapy establishment, or acts in any capacity wherein a license is required by this chapter, without a license provided for in this chapter, shall be guilty of a misdemeanor and subject to a fine of up to one thousand dollars ($1,000) or thirty (30) days in jail.

(b) Any owner, operator, manager, or licensee in charge of or in control of a massage therapy establishment who knowingly employs a person who is not licensed as a massage therapist, or who allows an unlicensed person to perform, operate, or practice massage is guilty of a misdemeanor and subject to a fine of up to one thousand dollars (1,000) and thirty (30) days in jail. (1) Any owner, operator, manager, or licensee in charge of or in control of a massage therapy establishment shall register with the department of health.

(c) The practice of massage by a person without a license issued under this chapter is declared to be a danger to the public health and welfare. In addition to any other civil, criminal, or disciplinary remedy, the attorney general or prosecuting attorney of any municipality where the person is practicing or purporting to, may maintain an action to enjoin that person from practicing massage until such person secures a valid license. "

On page 3 in line 19 delete the number "3" in insert in place thereof the number "4".

Respectfully submitted,

JOHN O'LEARY
Senator, District 12

Senators Kells, Blais and O'Leary discuss the amendment.

The motion to amend prevails 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, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, DoneIan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Patterson, Perry, Polisena, Raptakis, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS - 1: Senator Blais.

Upon motion of Senator O'Leary, seconded by Senators Cicilline, McDonald, Roberts and others, the bill marked Substitute "A" is read and passed as amended, and the original bill indefinitely' postponed, by unanimous consent, upon a roll call vote with 46 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 46: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Irzo, Kells, Kelly, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Patterson, Perry, Polisena, Raptakis, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

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, John A. Celona, holding the position of
Senator, District 36, hereby under oath depose and say:

1. A matter involving (98.5 2391 as amended), (98-S 2477) and (98-S 2547), is presently before the Rhode Island State 2. I have the following interest in the matter noted in the paragraph above:

Engaged as a consultant at The Village at Elmhurst.

3. In compliance with Rhode Island General Laws Section 36-14-6(1), I hereby state that despite the interest described above. I believe I am able to participate fairly, objectively, and in the public interest regarding said maater for the following reasons:

Advisory Opinion No. 98-S 9.

Signed under the penalties of perjury this 5th day of May, 1998.

JOHN A. CELONA
Senator, District 36

Ordered to be placed on file.

CALENDAR

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.

Senator Paiva Weed moves passage, seconded by Senators Polisena, Walsh, Izzo, Roney, Parella, Goodwin, Connors, Cote, Lenihan and many others.

Senators Alves, Paiva Weed, Issa, Graziano and Roberts discuss the act.

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

YEAS - 47: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Patterson, Perry, Polisena, Raptakis, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

COMMUNICATION

His Honor, the Lieutenant Governor, presents the following communications:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS SENATE CHAMBER

STATEMENT OF POTENTIAL CONFLICT

To the Honorable Senate:

I, Paul Tavares, 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 2811) (Substitute "A"), 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 running for the office of General Treasurer.

6. This statement is true to the best of my knowledge.

PAUL J. TAVARES
Senator, District 42

Subscribed and sworn to before me this 5th day of May, 1998.

RAYMOND T. HOYAS, JR.
Notary Public

Ordered to be placed on file.

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS SENATE CHAMBER

STATEMENT OF POTENTIAL CONFLICT

To the Honorable Senate:

I, Charles J. Fogarty, 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 2811) (Substitute A ),now pending before the Senate oracommittee 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 running for the office of Lieutenant Governor.

6. This statement is true to the best of my knowledge. CHARLES J. FOGARTY
Senator, District 27

Subscribed and sworn to before me this 5th day of May, 1998.

RAYMOND T. HOYAS, JR.
Notary Public

Ordered to be placed on file.

CALENDAR

5. (98-S2811) (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".

Senator Roney moves passage, seconded by Senators Gibbs, Sosnowski, Caprio, Algiere, Bates, Damiani, Kelly, Irons, Goodwin, Connors, Cote, Lenihan and others.

Senators Gibbs, Patterson, Graziano and Polisena discuss the act.

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, upon a roll call vote with 41 Senators voting in the affirmative, 3 Senators voting in the negative and 2 Senators abstaining as follows:

YEAS - 41: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McDonald, Montalbano, Nygaard, Paiva Weed, Parella, Perry, Polisena, RaptaKis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Walaska, Walsh, Walton.

NAYS - 3: Senators Flynn, Oster, Patterson.

ABSTAINED - 2: Senators Fogarty, Tavares

6. (98-S2151) (Substitute "A") An Act relating to motor vehicles.

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

Senator Fogarty moves passage, seconded by Senators Kells, McBurney, Goodwin, Bates, Patterson, Gibbs, Sasso, Roberts and many others.

Senators Patterson, Raptakis and Fogarty discuss the act.

Senator Perry, seconded by Senator Nygaard, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(98-S 2151) (Substitute "A")

Mr. President:

I hereby move to amend (98-S 2151) (Substitute "A") entitled "AN ACT RELATING TO MOTOR VEHICLES", as follows:

1. On page 6, line 29, by deleting the following, "shall be considered a secondary infraction and";

2. On page 6, by adding the following language at the end of line 31: "Failure to comply with the restrictions for which penalties may be imposed under this section shall be considered secondary offenses, and no motor vehicle may be stopped by any state or municipal law enforcement agency for violations of these restrictions."

Respectfully submitted,

RHODA E. PERRY
Senator, District 3

Senators Fogarty and Polisena discuss the amendment.

The motion to amend fails of passage upon a roll call vote with 16 Senators voting in the affirmative and 29 Senators voting in the negative as follows:

YEAS - 16: Senators Alves, Caprio, Coderre, Connors, DoneIan, Issa, Kells, McCaffrey, Montalbano, Nygaard, Oster, Perry, Raptakis, Revens, Walsh, Walton.

NAYS - 29: Senators Algiere, Badeau, Bates, Blais, Breene, Celona, Cicilline, Cole, Damiani, Enos, Fogarty, Goodwin, Graziano, Irons, Izzo, Kelly, Lenihan, McDonald, O'Leary, Paiva Weed, Parella, Patterson, Polisena, Roberts, Ruggerio, Sasso, Sosnowski, Tavares, Walaska.

Senator Fogarty, seconded by Senators McDonald, Polisena, Damiani, Blais and Algiere, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(98-S 2151) (Substitute

Mr. President:

I hereby move to amend (98-S 2151) (Substitute "A") entitled "AN ACT RELATING TO MOTOR VEHICLES", as follows: On page 1, line 17, delete the words "director of the department of transportation." and insert in lieu thereof the words "registrar of motor vehicles"

Respectfully submitted,

CHARLESJ.FOGARTY
Senator, District 27

The motion to amend prevails upon a roll call vote with 44 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 44: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Cole, Damiani, Donelan, Enos, Fogarly, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Patterson, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

Senators Revens and Graziano discuss the act.

Upon motion of Senator Fogarty, seconded by Senators McDonald, Paiva Weed, Roberts, Badeau, Polisena and others, the bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, upon a roll call vote with 40 Senators voting in the affirmative and 8 Senators voting in the negative as follows:

YEAS - 40: Senators Algiere, Badeau, Bates, Blais, Breene, Celona, Clcilline, Cole, Damiani, Donelan, Enos, Flynn, Fogarly, Gibbs, Goodwin, Graziano, Irons, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Nygaard, O'Leary, Osler, Paiva Weed, Parella, Patterson, Perry, Polisena, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS 8: Senators Alves, Caprio, Coderre, Connors, Issa, McDonald, Raplakis, Revens.

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.

Upon suggestion of Senator Blais, and without objection, ordered to be placed on the Calendar for Thursday, May 7, 1998.

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, John A. Celona, holding the position of
Senator, District 36, hereby under oath depose and say;

1. A matter involving (98-S 2725), is presently before the Rhode Island State Senate.

2. I have the following interest in the matter noted in the paragraph above:

Engaged as a consultant at The Village at Elmhurst.

3. In compliance with Rhode Island General Laws Section 36-14-6(1), I hereby recuse from participating in the discussion of or taking official action relating to said matter. (This does not prohibit participation as a member of the public in an open meeting, pursuant to Commission Regulation 7003.)

Advisory Opinion No. 98.59.

Signed under the penalties of perjury this 5th day of May, 1998.

JOHN A. CELONA
Senator, District 36

Ordered to be placed on file.

CALENDAR

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

Committee on Health, Education and Welfare recommends passage.

Senator Izzo moves passage, seconded by Senators Kelly, Gibbs, Nygaard, Badeau, Oster, Cicilline and Fogarty.

Senator Fogarty, seconded by Senators McDonald, Nygaard, Izzo and Badeau, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(98-S 2725)

Mr. President:

I hereby move to amend (98-S 2725) entitled "AN ACT RELATING TO HEALTH AND EDUCATIONAL BUILDING CORPORATION", as follows:

1. On page 3, line 25, delete the word

2. On page 3, line 26, delete the period at the end of the line, and insert in lieu thereof or".

3. On page 3, insert the following language between lines 26 and 27: "(d) An adult day-care facility."

Respectfully submitted,

CHARLESJ.FOGARTY
Senator, District 27

The motion to amend prevails upon a roll call vote with 42 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 42: Senators Algiere, Alves, Badeau, Bales, Breene, Caprio, Cicilline, Coderre, Connors, Cole, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Monlalbano, Nygaard, Oster, Paiva Weed, Parella, Patterson, Perry, Polisena, Revens, Roney, Ruggerio, Sasso, Sosnowski, Tavares,Walaska,Walsh,Walton.

NAYS -0.

Upon motion of Senator Kelly, seconded by Senators Nygaard, Roberts, Oster and others, read and passed, as amended, by unanimous consent, upon a roll call vote with 44 Senators voting in the affirmative, 0 Senators voting in the negative and 1 Senator abstaining as follows:

YEAS - 44: Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Cicilline, Coderre, Connors, Cole, Damiani, Enos, Flynn, Fogarly, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Monlalbano, Nygaard, Oster, Paiva Weed, Parella, Patterson, Perry Polisena, Raplakis, Revens, Roberts, Roney, Ruggerio, Sasso' Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0. ABSTAINED - 1: Senator Celona.

14. (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".

Senator Izzo moves passage, seconded by Senators Algiere, Sosnowski, Gibbs, Perry, Oster, Kells, Tavares, Walton, Lenihan, Roberts and many others.

Senator Gibbs discusses the act.

Senator Izzo, seconded by Senators Kells, Nygaard and Cicilline, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(98-S 2705) (Substitute "A")

Mr. President:

I hereby move to amend (98-S 2705) (Substitute "A") entitled "AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT - HOUSING", as follows:

(1) On page 4 line 15, following the phrase "or the designee of the president;" insert "the president of the RI mortgage Banker's Association or the designee of the president;"

(2) On page 4 line 17, following the word "Homeless" insert "the president of the Rhode Island Association of Executive Directors for Housing or the designee of the president;"

(3) On page 4 line 17, delete the words "Twelve (12)" and insert "eleven (11)".

(4) On page 4 line 20, delete the phrase "a public housing authority" and insert in its place "the homeless"

(5) On page 4 lines 24 and 25, delete the clause "one of whome shall be a mortgage banker."

Respectfully submitted,

THOMAS J. IZZO
Senator, District 13

Senators Issa, Izzo and Patterson discuss the amendment.

The motion to amend prevails upon a roll call vote with 41 Senators voting in the aiiirmative and 0 Senators voting in the negative as follows:

YEAS - 41: Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Damiani, Enos, Flynn, Fogarly, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, Monlalbano, Nygaard, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis Revens, Roberts, Roney, Sasso, Sosnowski, Tavares, Walaska' Walsh, Walton.

NAYS -0.

Senators Coderre, Cicilline, Walaska and Alves discuss the act.

Upon motion of Senator Izzo, seconded by Senators Cicilline, Paiva Weed, Badeau, Roberts, Roney and others, the bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, upon a roll call vote with 34 Senators voting in the affirmative and 8 Senators voting in the negative as follows:

YEAS - 34: Senators Algiere, Badeau, Bales, Caprio, Celona, Cicilline, Coderre, Connors, Damiani, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Izzo, Kells, Kelly, Lenihan, Monlalbano, Nygaard, Osler, Paiva Weed, Parella, Patterson, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walsh, Walton.

NAYS - 8: Senators Alves, Breene, Flynn, Issa, McCaffrey, McDonald, Raptakis, Walaska.

Upon suggestion of Senator Kelly, 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.

ANNOUNCEMENT

Senator Izzo announces that the Committee on Health, Education and Welfare will meet on Wednesday, May 6, 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 6:16 o'clock P.M.

RAYMOND T. HOYAS, JR.
Clerk of the Senate

Appendix

INVOCATION
SENATOR M. TERESA PAIVA WEED

Dear Lord, give us the grace and sincerity to be open with each other and with the public that has placed their trust in us. Guide us in the right direction so that our efforts will be for what is in the interest of those that we represent and not self-serving. Give us the courage to lead and to do what is right and not merely to follow and do what is easy. Amen.

Appendix

CALENDAR

In order for Wednesday, May 6, 1998:

1. (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.

2. (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".

3. (98-S 2795) An Act relating to businesses and professions- electricians.

Committee on Labor recommends passage.

4. (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.

5. (98-S 2450) An Act relating to professional service corporations.

Committee on Corporations 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.

10. (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".

11. (98-S 2852 as amended) An Act relating to motor carriers of property.

Committee on Corporations recommends passage as amended.

12. (98-S 2092 as amended) An Act relating to taxation of beverage containers,

Committee on Finance recommends passage as amended.

13. (98-S 2653) An Act relating to Rhode Island job development act.

Committee on Finance recommends passage.

14. (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 "A".

15. (98-S 3037 as amended) An Act relating to state debt reduction.

Committee on Finance recommends passage as amended.

16. (98-S 2737 as amended) An Act relating to weapons.

Committee on Judiciary recommends passage as amended.

17. (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 "A".

18. (98-S 2821) An Act relating to small estates.

Committee on Judiciary recommends passage.

19. (98-S 2112) (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".

20. (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".

21. (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.

22. (98-H 7978) (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.

23. (98-S 2360) (Substitute "A" as amended) An Act relating to health care services - utilization act.

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

24. (98-S 2481) (Substitute "A" as amended) An Act relating to education.

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

25. (98-S 2849) (Substitute "A" as amended) An Act relating to education - school property.

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

Appendix

CALENDAR

In order for Thursday, May 7, 1998:

1. (98-S 2535) An Act relating to weapons.

Committee on Judiciary recommends passage.

2. (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.

3. (98-S2854) (Substitute "A") An Act relating to parole.

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

4. (98-S2017) (Substitute "A") An Act relating to situs and ownership of taxable property.

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

5. (98-S 2278 as amended) An Act relating to businesses and professions - pharmacy.

Committee on Corporations recommends passage as amended.

6. (98-S 3048) An Act authorizing Woonsocket Firemen's Relief Association to increase its holdings to an amount not exceeding six million dollars.

Committee on Corporations recommends passage.

7. (98-S 2203) An Act relating to motor and other vehicles- motor vehicle reparations act.

Committee on Judiciary recommends passage.

Appendix

CALENDAR

In order for Tuesday, May 12, 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-S2547) An Act relating to chiropractors.

Committee on Health, Education and Welfare recommends passage.

3. (98-S 2632) An Act relating to temporary disability insurance - exemption of certain persons.

Committee on Labor recommends passage.

Appendix

CALENDAR

In order for Thursday, May 14, 1998:

1. (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".

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Tuesday, May 5, 1998

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