SENATE JOURNALS - Tuesday, June 23, 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. 67 Tuesday, June 23, 1998 Sixty-seventh Day

The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Bernard A. Jackvony, at 4:47 o'clock P.M.

The roll is called and a quorum is declared present with 49 Senators present and 1 Senator absent as follows:

PRESENT 49: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Connors, Cote, Damiani, 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 - I: Senator Coderre.

INVOCATION

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

(See Appendix for Invocation)

PLEDGE OF ALLEGIANCE TO THE FLAG

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

APPROVAL OF RECORD

The Senate Journal of Friday, June 19, 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 Enos, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Boy Scout Troop 21, Somerset, Massachusetts, Chris Chagnon, Brett Haworth, Andrew Nunes, Tim DeMoranville, Jason Mello, Matt Francoeur, Andrew Patota, Bobby O'Brien, John Patota and Leaders John Patota and Mary Ann Patota

APPOINTMENT BY THE GOVERNOR

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

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS EXECUTIVE CHAMBER, PROVIDENCE

Lincoln Almond
Governor

June 18, 1998

To the Honorable, the Senate;

I have the honor to inform you that in accordance with the provisions of Section 46-25-1 of the Rhode Island General Laws, I have made the following reappointment to the Narragansett Bay Commission.:

William P. Rampone of Providence

for a term expiring April 1, 1999.

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

Sincerely,

LINCOLN ALMOND
Governor

Read and referred to the Committee on Judiciary.

Also:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS EXECUTIVE CHAMBER, PROVIDENCE

Lincoln Almond
Governor

June 23, 1998

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 46-25-1 of the Rhode Island General Laws, I have made the following appointment to the Narragansett Bay Commission:

Dennis Langley of Providence
VICE
Gwen Andrade Aponte

for a term expiring April 1, 2001.

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

Sincerely,

LINCOLN ALMOND
Governor

Read and referred to the Committee on Judiciary.

Also:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS EXECUTIVE CHAMBER, PROVIDENCE

Lincoln Almond
Governor

June 23, 1998

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 43-27.3-100.1.4 of the Rhode Island General Laws, I have made the following appointment to the State Building Codes Standards Committee:

Robert E. DeBlois, Jr. of Warwick
(Representing Rhode Island Builders Association)
VICE
Daniel G. Paquette
(Resigned)

for a term expiring May 1, 1999.

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

LINCOLN ALMOND
Governor

Read and referred to the Committee on Judiciary.

REPORTS OF COMMITTEES

COMMITTEE ON CORPORATIONS

Senator Irons, from the Committee on Corporations, reports back, with recommendation of passage of the following measures:
(98-H 8738 as amended) An Act authorizing the establishment of a Municipal Court in East Greenwich.

Read and ordered to be placed on the Calendar.
(98-H 8221) An Act relating to business and professions manicurist.

Read and ordered to be placed on the Calendar.

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

Read and ordered to be placed on the Calendar.

(98-H 7120) (Substitute "A") An Act relating to towns and cities - low and moderate income housing.

Read and ordered to be placed on the Calendar.

(98-H 9117) An Act relating to businesses and professions- real estate appraiser certification act.

Read and ordered to be placed on the Calendar.

(98-H 9029 as amended) An Act authorizing the Pascoag Fire District to finance the contract termination charge payable to Mountaup Electric Company and to issue not more than $1,500,000 bonds therefor.

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 measure:

(98-H 8478) (Substitute "A" as amended) An Act making appropriations for the support of the state for the fiscal year ending June 3O, 1999.

Read and ordered to be placed on the Calendar.

COMMITTEE ON JUDICIARY

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

Reappointment of Bruce D. Campbell of Foster to the Narragansett Bay Commission for a term expiring April 1, 2001.

Read and ordered to be placed on the Consent Calendar.

Appointment of Robert Schultz of Lincoln (Representing Building Officials from Muncipality of under 20,000) VICE Ronald Travers to the State Building Codes Standards Committee for a term expiring May 1, 2001.

Read and ordered to be placed on the Consent Calendar.

Appointment of Glenn F. Dussablon of North Smithfield (Representing electrical inspectors) VICE Joseph L. Walsh of Coventry to the State Building Codes Standards Committee for a term expiring May 1, 2001.

Read and ordered to be placed on the Consent Calendar.

Reappointment of William Howe of East Greenwich (Representing fire interests) to ~e State Building Codes Standards Committee for a term expiring May 1, 2001.

Read and ordered to be placed on the Consent Calendar.

Reappointment of Gordon W. Preiss of Westerly (Representing Mechanical Engineers) to the State Building Codes Standards Commitee for a term expiring May 1, 2001.

Read and ordered to be placed on the Consent Calendar.

Appointment of G. Thomas Chabot of North Kingstown (Representing Electrical Contractors) VICE William Lepore to the State Building Codes Standards Committee for a term expiring May 1, 2001.

Read and ordered to be placed on the Consent Calendar.

Appointment of David F. Palmiscuano of Chapachet (Representing Building Trades Council) VICE Carmine Gelsomino (deceased) to the State Building Codes Standards Committee for a term expiring May 1, 1999.

Read and ordered to be placed on the Consent Calendar.

Appointment of Sheldon Sollosy of Cranston VICE David Duffy (resigned) to the Rhode Island Public Telecommunications Authority for a term expiring January 31, 2000.

Read and ordered to be placed on the Consent Calendar.

Appointment of Craig A. Baker of Providence VICE Arlene DiPietro to the Narragansett Bay Commission for a term expiring April 1, 1999.

Read and ordered to be placed on the Consent Calendar.

NEW BUSINESS

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

Senators Damiani, Irons, Tavares and Bates present (98-5 3220) Senate Resoluion respectfully requesting the Director of the Department of Transportation to construct a "flyover" to provide access to the Wampanoag Trail for motorists traveling north from Forbes Street.

Read and referred to the Committee on Special Legislation.

Senators Gibbs and Algiere present (98-5 3221) An Act authorizing the state of Rhode Island to issue general obligation bonds and notes in an amount not to exceed $3,700,000 for the purpose of Capital Development - Center on Aging.

Read and referred to the Committee on Finance.

Senators Raptakis, Lenihan, Montalbano, Caprio, Alves and others present (98-5 3222) Senate Resolution creating a special Senate Commission to study the consolidation of retail business permits and fees collection forms.

Senator Raptakis requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senator Lenihan presents (98-5 3223) An Act authorizing the town of East Greenwich to finance the construction, equipping and furnishimg of a community center and/or an addition to the high school and to issue bonds and/or notes not to exceed $6 million therefor.

Read and referred to the Committee on Corporations.

CALENDAR

In order for the day is taken up as follows:

8. (98-H 7716) (Substitute "A") An Act relating to courts and civil procedure.

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

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

9. (98-H 7801) An Act relating to confidentiality of health care communications and information act - limitation on and permitted disclosures.

Committee on Judiciary recommends passage in concurrence.

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

10. (98-H 7890) (Substitute "A" as amended) An Act relating to courts and civil procedure -courts.

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 desk.

11. (98-H 8034) (Substitute "A") An Act relating to domestic violence.

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

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

15. (98-H 8031) An Act relating to domestic violence prevention act.

Committee on Judiciary recommends passage in concurrence.

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

18. (98-H 9161) An Act relating to participation by employees of the town of North Kingstown in the municipal employees retirement system.

Committee on Corporations recommends passage in concurrence.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Thursday, June 25, 1998.

19. (98-H 7745) (Substitute "B") An Act relating to statutes and statutory construction.

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

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Thursday, June 25, 1998.

20. (98-H 7750) An Act relating to trusts for minors.

Committee on Judiciary recommends passage in concurrence.

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

21. (98-H 7904) An Act relating to obsolete and no longer applicable statutes.

Committee on Judiciary recommends passag'e in concurrence.

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

27. (98-H 8056) (Substitute "A" as amended) An Act relating to telecommunications.

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

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

28. (98-H 8471) An Act relating to enterprise zones.

Committee on Corporations recommends passage in concurrence.

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

36. (98-S2077) An Act relating to military affairs and defense extension of veterans' benefits.

Committee on Finance recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Thursday, June 25, 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 (98-5 2312) is now presently before the Rhode Island Senate.

2. I have the following interest in the matter noted in paragraph 1 above:

I am a consultant with 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 98-59

Signed under penalties of perjury this 23rd day of June, 1998.

JOHN A. CELONA
Senator, District 36
Ordered to be placed on file.

CALENDAR

1. (98-5 2312) (Substitute "A") An Act relating to human services - residential care and assisted living facilities.

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

Senator Fogarty moves passage, seconded by Senators Gibbs, Walsh, Oster, Paiva Weed and others.

Senator Fogarty, seconded by Senators Graziano, Roberts, Polisena and others, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(98-S 2312) (Substitute "A")

Mr. President:

I hereby move to amend (98-5 2312) (Substitute "A") entitled "AN ACT RELATING TO HUMAN SERVICES - RESIDENTIAL CARE AND ASSISTED LIVING FACILITIES", as follows:

(1) On page 1, lines 9 through 12, by deleting all the language following the word "service".

(2) On page 2, line 26, by inserting the following language:

"(6) The department shall collaborate with the Department of Elderly Affairs to design and implement the screening and assessment procedures as required in the above section."

Respectfully submitted,

CHARLESJ.FOGARTY
Senator, District 27

The motion to amend prevails upon a roll call vote with 40 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS qo: Senators Algiere, Alves, Badeau, Breene, Caprio, Connors, Cote, Donelan, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

Upon motion of Senator Fogarty, seconded by Senators Graziano, Roberts, Polisena 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 43 Senators voting in the affirmative, 0 Senators voting in the negative ad 1 Senator abstaining as follows:

YEAS - 43; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Cicilline, Connors, Cote, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

ABSTAINED - 1; Senator Celona.

2. (98-S3187) An Act relating to taxation tax stabilization.

Committee on Corporations recommends passage.

Senator Irons moves passage, seconded by Senators Goodwin, Caprio, Graziano, Kells, Walaska, Connors and others.

The act is read and passed, by unanimous consent, upon a roll call vote with 48 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 48: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Connors, Cote, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptal':is, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

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. Matters involving (98-H 7799) (Substitute "A" as amended) and (98-H 8088 as amended) are now presently before the Rhode Island Senate.

2. I have the following interest in the matter noted in paragraph 1 above;

I am a consultant with 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 matter for the following reasons;

Advisory opinion 98-59

Signed under penalties of perjury this 23rd day of June, 1998.

JOHN A. CELONA
Senator, Ilistrict 36
Ordered to be placed on file.

CALENDAR

4. (98-H 7799) (Substitute "A" as amended) An Act relating to health care.

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

Senator Perry moves passage, seconded by Senators Irons, Goodwin, Connors, Roberts, Cicilline, Parella, Graziano and others.

Senator Irons discusses the act.

The bill marked Substitute "A" is read and passed, as amended, in concurrence, and the original bill indefinitely postponed, 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, Connors, Cote, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

5. (98-H 8088 as amended) An Act relating to health and safety - long term care.

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

Senator Fogarty moves passage, seconded by Senators Oster, McDonald, Sasso, Gibbs and others.

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

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

NAYS -0.

6. (98-H 8781) An Act relating to the Department of Elderly Affairs.

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

Senator Fogarty moves passage, seconded by Senators McCaffrey, Sasso, Roberts, Gibbs, McDonald and others.

The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 48 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS 48; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Cap~io, Cicilline, Connors, Cote, Damiani, Donelan, 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.

NAYS -0.

7. (98-H 7781) An Act relating to taxation - motor vehicles - alternative fueled vehicle incentives.

Committee on Finance recommends passage in concurrence.

Upon suggestion of Senator Roney, and without objection, ordered to be placed on the Calendut' for Wednesday, June 24, 1998.

3. (98-S2476) An Act relating to education -health and safety of pupils.

Read and ordered to be placed on the Senate Calendar for passage.

Senator Izzo moves passage, seconded by Senators Sosnowski, Perry and others.

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

FLOOR AMENDMENT
TO
(98-52476)

Mr. President;

I hereby move to amend (98-5 2476) entitled "AN ACT RELATING TO EDUCATION - HEALTH AND SAFETY OF PUPILS", as follows:

By deleting all the language following the enacting clause and inserting in place thereof the following language:

SECTION 1. Section 16-21-9 of the General Laws in Chapter 16-21 entitled "Health and Safety of Pupils" is hereby amended to read as follows:

16-21-9. ~~HEALTH AND DENTAL EXAMINATIONS __ REPORTS __ RECORDS.~~ HEALTH EXAMINATIONS AND DENTAL SCREENINGS-REPORTS-RECORDS.- (a) Each community as defined in section 16-716 shall provide for the appointment of a physician to make examinations of the health of the school children, who shall report any deviation from the normal, and for the preservation of records of the examinations of the children. Each community shall further provide for dental ~~examinations~~ screenings by a dentist or licensed dental hygienist with at least three (3) years of clinical experience, who shall report any suspected deviation from the normal and for the preservation of records of the ~~examinations~~ screenings of the children. Each community shall notify the parents or custodians of children of conditions requiring professions or skilled treatment. The state commissioner of elementary and secondary education shall provide such blank forms and record books as he or she may deem necessary for the purposes of this section.

(b) Each community as defined in section 16-7-16 shall only contract with a licensed dentist for the provision of the dental screenings services required hereby. Dental hygienists performing the dental screenings pursuant to the provisions of this section shall do so under the general supervision of the dentist liable and responsible under the contract with the community.

(c) Except in emergency circumstances, referral by a dentist or dental hygienist of children screened pursuant to the provisions of this section to a dental practice by which the dentist or dental hygienist is employed and/or which the dentist owns shall be strictly prohibited. In the event that a referral has been made in violation of this provision, the community shall terminate its contract with the dentist. In the case of an egregious violation of the referral prohibition contained herein, such conduct shall be reported to the Board of Dental Examiners,

(d) Each community shall provide to parents or custodians of children who require professional or skilled treatment a list of both dental practices in the community which accept patients insured by Medical Assistance and/or RIte Care and dental practices which provide services on a sliding scale basis to uninsured individuals. The Rhode Island Department of Human Services shall provide each community with a list containing the addresses and telephone numbers of both dental practices which provide services on a sliding scale basis to uninsured individuals.

(e) Dental screenings for children in kindergarten, third, and ninth grade shall only be performed by a licensed dentist.

(f) All dentists or dental hygienists performing dental screenings pursuant to the provisions of this section shall meet with the Oral Health Director of the department of health on a regular basis, as determined by the chief.

SECTION 2. This act shall take effect upon passage.

Respectfully submitted,

THOMAS J. IZZO
Senator, District 13

Senators Graziano and Izzo discuss the amendment.

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, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Connors, Cote, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Ienihan, McBurney, McCaffrey, Nygaard, Oster, Palazzo, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

Senator Perry discusses the act.

Upon motion of Senator Izzo, seconded by Senators Roberts, Nygaard and Sosnowski, read and passed, as amended, by unanimous consent, upon a roll call vote with 46 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 46; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Connors, Cote, Damiani, Donelan, Enos, Flynn, Fogarty, Goodwin, Gra~iano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palarzo, Parella, Perry, Poli~ena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

12. (98-H 8659 as amended) An Act relating to insurance - reporting of health care fraud.

Committee on Judiciary recommends passage as amended.

Senator Paiva Weed moves passage, seconded by Senators Polisena, Nygaard, McDonald, Damiani and others.

The act is read and passed, as amended, 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, Badeau, Blais, Breene, Caprio, Celona, Cicilline, Connors, Cote, Damiani, Donelan, Enos, Flynn, Fogarty, 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, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

13. (98-H 8906) An Act relating to the naming of state buildings.

Ordered on the Calendar for passage in concurrence.

Senator Oster moves passage, seconded by Senators Kells, O'Leary and Polisena.

The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 44 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 44; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Connors, Donelan, Enos, Flynn, Fogarty, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

14. (98-H 9007) An Act naming the Hunts River Bridge, in North Kingstown, in honor of Peter D'Abrosca.

Ordered on the Calendar for passage in concurrence.

Senator Oster moves passage, seconded by Senator McDonald.

Senator Lenihan discusses the act.

The act is read and passed, in concurrence, 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, Connors, Cote, Donelan, Enos, Flynn, Fogartv, 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.

NAYS -0.

16.
(98-H 7184 as amended) An Act relating to identification and apprehension of criminals.

Ordered on the Calendar for passage in concurrence.

Senator McDonald moves passage, seconded by Senators Oster, Perry, Izzo, Graziano and Walaska.

The act is read and passed, as amended, in concurrence, by unanimous consent, upon a roll call vote with 46 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS 46; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Connors, Cote, Donelan, Flynn, Fogarty, 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.

NAYS -0.

17. (98-H 7800) An Act relating to operators' and chauffeurs' licenses - anatomical gifts.

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

Senator Izzo moves passage, seconded by Senators Sasso, Sosnowski, Nygaard, Polisena and Kells.

The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 46 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 46: Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Cieilline, Connors, Cote, Damiani, Donelan, Enos, Flynn, Fogarty, Goodwin, Graziano, Issa, Iszo, 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.

NAYS -0.

22.(98-H 7279 as amended) An Act relating to zoning ordinances.

Committee on Corporations recommends passage as amended.

Senator Irons moves passage, seconded by Senators Bates, Celona, Sosnowski, Palazzo and Oster.

The act is read and passed, as amended, by unanimous consent, upon a roll call vote with 48 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 48; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Connors, Cote, Damiani, Donelan, Enos, Flynn, Fogarty, 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.

NAYS -0.

23. (98-H 7554) (Substitute "A") An Act relating to towns and cities - Bristol Municipal Court.

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

Senator Parella moves passage, seconded by Senators Blais and Nygaard.

The bill marked Substitute "A" is read and passed, in concurrence, and the original bill indefinitely postponed, upon a roll call vote with 43 Senators voting in the affirmative and 1 Senator voting in the negative as follows:

YEAS - 43; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Connors, Cote, Damiani, Donelan, Flynn, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS - 1; Senator Revens.

24.(98-H 7665) An Act relating to businesses and professions- public accountancy.

Committee on Corporations recommends passage in concurrence.

Senator Irons moves passage, seconded by Senators Roberts, Goodwin and Celona.

The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 45: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Cote, Damiani, Donelan, Enos, Flynn, Fogarty, Graziano, Irons, Issa, Izzo, 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.

NAYS -0.

25. (98-H 7682 as amended) An Act relating to motor and other vehicles.

Committee on Corporations recommends passage as amended.

Senator Irons moves passage, seconded by Senators Goodwin, Nygaard and Palazzo.

The act is read and passed, as amended, by unanimous consent, upon a roll call vote with 46 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS 46; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Connors, Cote, Damiani, Donelan, Enos, Flynn, Fogarty, Goodwin, Grariano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

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

RECONSIDERATION
(98-H 7554) (Substitute "A") An Act relating to towns and cities - Bristol Municipal Court.

Upon motion of Senator Roney, seconded by Senators Izzo, Paiva Weed and Roberts, the act is reconsidered, and ordered to be placed on the Calendar for Wednesday, June 24, 1998, 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 Alves, Badeau, Bates, Blais, Breene, Caprio, Cicilline, Connors, Cote, Damiani, Doneian, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

TRANSMITTAL

By unanimous consent, all Senate matters and (98-H 7682) and (98-H 8799) on the Clerk's desk are ordered to be transmitted to His Excellency, the Governor or to the Honorable House of Representatives forthwith.

AMENDMENTS TO THE BUDGET

Senator Lenihan reminds the Senate that all proposed amendments to the State Budget must be delivered to Raymond T. Hoyas, Jr.,
Clerk of the Senate
, no later then 12:00 o'clock Noon on Wednesday, June 24, 1998.

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 Polisena 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, June 24, 1998, at 3:00 o'clock P.M. in Room 211 of the State House.

Also:

Senator Badeau announces that the Committee on Labor will meet on Wednesday, June 24, 1998, at 3:45 o'clock P.M. in Room 212 of the State House.

Also:

Senator Goodwin announces that the Committee on Special Legislation will meet on Wednesday, June 24, 1998, at 3:00 o'clock P.M. in the Senate Lounge of the State House.

GUESTS

Upon suggestion of Senator Tavares, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the wife of Senator Damiani, Sharlene Damiani.

Upon suggestion of Senator Tavares, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Daniel DaPonte, Democratic Candidate for State Senate in District 42.

ADJOURNMENT

Upon motion of Senator Kelly, seconded by Senator Algiere, the Senate adjourns at 5:30 o'clock P.M.

RAYMOND T. HOYAS, JR.
Clerk of the Senate

Appendix

INVOCATION
SENATOR JOSEPH A. MONTALBANO

Dear
Lord, as we pause before you, we ask for quit hearts, clear minds and spirits strong enough to match the era in which we serve. Amen.

Appendix

CONSENT CALENDAR

In order for Wednesday, June 24, 1998

1. Reappointment of Bruce D. Campbell of Foster to the Narragansett Bay Commission for a term expiring April 1, 2001.

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

2. Appointment of Robert Schultz of Lincoln (Representing Building Officials from Muncipality of under 20,000) VICE Ronald Travers to the State Building Codes Standards Committee for a term expiring May 1, 2001.

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

3. Appointment of Glenn F. Dussablon of North Smithfield (Representing electrical inspectors) VICE Joseph L. Walsh of Coventry to the State Building Codes Standards Committee for a term expiring May 1, 2001.

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

4. Reappointment of Gordon W. Preiss of Westerly (Representing Mechanical Engineers) to the State Building Codes Standards Commitee for a term expiring May 1, 2001.

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

5. Appointment of G. Thomas Chabot of North Kingstown (Representing Electrical Contractors) VICE William Lepore to the State Building Codes Standards Committee for a term expiring May 1, 2001.

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

6. Appointment of David F. Palmiscuano of Chapachet (Representing Building Trades Council) VICE Carmine Gelsomino (deceased) to the State Building Codes Standards Committee for a term expiring May 1, 1999.

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

7. Appointment of Sheldon Sollosy of Cranston VICE David Duffy (resigned) to the Rhode Island Public Telecommunications Authority for a term expiring January 31, 2000.

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

8. Appointment of Craig A. Baker of Providence VICE Arlene DiPietro to the Narragansett Bay Commission for a term expiring April 1, 1999.

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

9. Reappointment of William Howe of East Greenwich (Representing fire interests) to the State Building Codes Standards Committee for a term expiring May 1, 2001.

Committee on Judiciary recommends the Senate give its Advice and Consent to this reappointment. Tuesday, June 23, 1998

RAYMOND T. HOYAS, JR.
Clerk of the Senate

Appendix

CALENDAR

In order for Wednesday, June 24, 1998:

1. (98-5 2642) (Substitute "A" as amended) An Act relating to businesses and professions -athlete agents.

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

2. (98-S2406) An Act relating to businesses and professions- athletic agents.

Committee on Corporations recommends passage.

3. (98-S3127) An Act relating to taxation.

Committee on Corporations recommends passage.

4. (98-S3191) (Substitute "A") An Act relating to town of Westerly.

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

5. (98-S2379) An Act relating to mental health, retardation, and hospitals - Department of Health.

Committee on Helath, Education and Welfare recommends passage.

6. (98-S2830) (Substitute "A" as amended) An Act relating to code of ethics.

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

7. (98-H 7781) An Act relating to taxation motor vehicles - alternative fueled vehicle incentives.

Committee on Finance recommends passage in concurrence.

8. (98-H 7554) (Substitute "A") An Act relating to towns and cities - Bristol Municipal Court.

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

9. (98-H 8006 as amended) An Act relating to the state building code.

Committee on Corporations recommends passage as amended.

10. (98-H 8477) An Act relating to the town of Portsmouth- Juvenile Hearing Board.

Committee on Corporations recommends passage in concurrence.

11. (98-H 8727 as amended) An Act relating to towns and cities - Warren Municipal Court.

Committee on Corporations recommends passage as amended in concurrence.

12. (98-H 8881) An Act relating to the town of Scituate.

Committee on Corporations recommends passage in concurrence.

13. (98-H 7545) (Substitute "A" as amended) An Act relating to businesses and professions -nurses.

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

14. (98-H 7285 as amended) An Act relating to health safety of pupils.

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

15. (98-H 7697) (Substitute "A") An Act relating to confidentiality of health care communications and information act.

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

16. (98-H 7278) (Substitute "A") An Act relating to municipal detention facilities. Ordered on the Calendar for passage in concurrence.

17. (98-H 8073 as amended) An Act relating to nurses.

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

18. (98-H 7363) (Substitute "A") An Act relating to education.

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

19. (98-H 7332) An Act relating to the town of Charlestown Juvenile Hearing Board.

Committee on Corporations recommends passage in concurrence.

20. (98-H 7361) An Act relating to town of Hopkinton - Juvenile Hearing Board.

Committee on Corporations recommends passage in concurrence.

21. (98-H 7365) An Act relating to taxation -collection of taxes generally - municipal lien certificate.

Committee on Corporations recommends passage in concurrence.

22. (98-H 7871) (Substitute "A") An Act relating to businesses and professions.

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

23. (98-H 7969) An Act relating to professional service corporations.

Committee on Corporations recommends passage in concurrence.

24. (98-H 9095) An Act authorizing the city of Pawtucket to provide for the reconstruction of highway bridges in the city of Pawtucket and authorizing the financing thereof, including the issue of $400,000 bonds and notes therefor.

Committee on Corporations recommends passage in concurrence.

25. (98-H 9154) An Act authorizing the town of Portsmouth to issue general obligation bonds and notes in an amount not exceeding nine million two hundred forty thousand dollars ($9,249,000) for the purpose of financing additions and improvements to, and renovations of public schools in the town.

Committee on Corporations recommends passage in concurrence.

26. (98-H 7464) (Substitute "B") An Act relating to motor vehicles.

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

27. (98-H 7676) (Substitute "A") An Act relating to children.

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

28. (98-H 7901) (Substitute "B" as amended) An Act relating to Department of Corrections.

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

29. (98-H 8018) (Substitute "A") An Act relating to residential landlord and tenant act.

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

30. (98-H 8310 as amended) An Act relating to judicial selection.

Committee on Judiciary recommends passage as amended.

31. (98-H 8330 as amended) An Act relating to criminal procedure- domestic abuse.

Committee on Judiciary recommends passage as amended in concurrence.

32. (98-S2139) (Substitute "A") An Act creating the Persian Gulf War Information Relief Commission.

Joint Committee on Veterans Affairs recommends indefinite postponement of the original bill and passage of Substitute "A".

Appendix

CALENDAR

In order for Thursday, June 25, 1998:

1. (98-H 8478) (Substitute "A" as amended) An Act making appropriations for support of the state for the fiscal year ending June, 30, 1999.

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

2. (98-H 9161) An Act relating to participation by employees of the town of North Kingstown in the municipal employees retirement system.

Committee on Corporations recommends passage in concurrence.

3. (98-H 7745) (Substitute "B") An Act relating to statutes and statutory construction.

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

4. (98-H 8738 as amended) An Act authorizing the establishment of a Municipal Court in East Greenwich.

Committee on Corporations recommends passage as amended in concurrence.

5. (98-H 8221) An Act relating to business and professions- manicurist.

Committee on Corporations recommends passage in concurrence.

6. (98-H 7436) An Act relating to public utilities and carriers- motor passenger carriers.

Committee on Corporations recommends passage as amended in concurrence.

7. (98-H 7120) (Substitute "A") An Act relating to towns and cities - low and moderate income housing.

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

8. (98-H 9117) An Act relating to businesses and professions- real estate appraiser certification act.

Committee on Corporations recommends passage in concurrence.

9. (98-H 9029 as amended) An Act authorizing the Pascoag Fire District to finance the contract termination charge payable to Mountaup Electric Company and to issue not more than $1,500,000 bonds therefor.

Committee on Corporations recommends passage as amended in concurrence.

10. (98-S2077) An Act relating to military affairs and defense - extension of veterans' benefits.

Committee on Finance recommends passage.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Tuesday, June 23, 1998

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

Thank you for stopping by!