SENATE JOURNALS - Wednesday, June 24, 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. 68 Wednesday, June 24, 1998 Sixty-eighth Day

The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Bernard A. Jackvony, at 4:50 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 Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Doneian, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, 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 Enos, to deliver the invocation.

(See Appendix for Invocation)

PLEDGE OF ALLEGIANCE TO THE FLAG

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

APPROVAL OF RECORD

The Senate Journal of Tuesday, June 23, 1998 proceedings is read in part.

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

FROM THE
HOUSE OF REPRESENTATIVES

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

(98-H 8033 as amended) An Act relating to businesses and professions- shows and exhibitions.

Read and referred to the Committee on Judiciary.

Also:

(98-H 8251) (Substitute "A") An Act relating to health and safety - managed care liability.

Read and referred to the Committee on Corporations.

Also:

(98-H 7219) (Substitute "A") An Act relating to military affairs and defense - burial of veterans. Read and ordered to be placed on the Calendar.

Also:

(98-H 7288) (Substitute "A") Joint Resolution making an appropriation to pay certain claims.

Read and ordered to be placed on the Calendar.

Also:

(98-H 7374) (Substitute "A" as amended) An Act relating to Disabled American Veterans educational benefits.

Read and ordered to be placed on the Calendar.

Also:

(98-H 7863) (Substitute "A" as amended) An Act relating to public motor vehicles.

Read and ordered to be placed on the Calendar.

Also: (98-H 7999) An Act relating to holidays. Read and ordered to be placed on the Calendar.

Also:

(98-H 8001) An Act relating to military affairs and defense.

Read and ordered to be placed on the Calendar.

Also:

(98-H 8145) An Act relating to Rhode Island veteran's home.

Read and ordered to be placed on the Calendar.

Also:

(98-H 8217 as amended) An Act relating to motor vehicle inspections security alarm.

Read and ordered to be placed on the Calendar.

Also:

(98-H 8237 as amended) An Act relating to waters and navigation- clean water infrastructure.

Read and ordered to be placed on the Calendar.

Also:

(98-H 8291) An Act relating to water projects revolving loan fund.

Read and ordered to be placed on the Calendar.

Also:

(98-H 8323) (Substitute "A") An Act creating the Persian Gulf War Information Relief Commission.

Read and ordered to be placed on the Calendar.

Also:

(98-H 8634) (Substitute "A") An Act relating to days of special observance.

Read and ordered to be placed on the Calendar.

Also: (98-H 8635) An Act relating to holidays. Read and ordered to be placed on the Calendar.

Also:

(98-H 8638) (Substitute "A") An Act relating to motor vehicles- operators' and chauffeurs' licenses.

Read and ordered to be placed on the Calendar.

Also:

(98-H 8648) (Substitute "A" as amended) An Act providing for management of the withdrawal and use of the waters of the state.

Read and ordered to be placed on the Calendar.

Also:

(98-H 8917) (Substitute "A") An Act relating to the Harrisville Fire District.

Read and referred to the Committee on Corporations.

Also:

(98-H 9144) (Substitute "A") Joint Resolution creating a special legislative commission to study development impact fees in the state of Rhode Island.

Read and referred to the Committee on Corporations.

Also:

(98-H 9217) An Act authorizing the city of Warwick to issue bonds and notes in an amount not exceeding $3,000,000 for recreation and open space purposes.

Read and referred to the Committee on Corporations.

Also:

(98-H 9220) An Act relating to Oakland -Mapleville Number 4 Fire District.

Read and referred to the Committee on Corporations.

Also:

(98-H 7551) (Substitute "A" as amended) An Act relating to taxation on beverage containers.

Read and referred to the Committee on Finance.

Also:

(98-H 7764) (Substitute "A") An Act relating to Section 8 Tenant-Based Certificate and Rental Voucher Programs.

Read and referred to the Committee on Finance.

Also:

(98-H 7787) (Substitute "A") An Act creating the Rhode Island Urban Education act of 1998

Read and referred to the Committee on Finance.

Also:

(98-H 7964) (Substitute "A") An Act establishing an enterprise equity fund.

Read and referred to the Committee on Finance.

Also:

(98-H 7966) (Substitute "A") An Act relating to education- Urban After-School Programs.

Read and referred to the Committee on Finance.

Also:

(98-H 8106) An Act relating to state affairs and government- users fees at state beaches.

Read and referred to the Committee on Finance.

Also:

(98-H 8246) An Act relating to the family independence act.

Read and referred to the Committee on Finance.

Also:

(98-H 9182) An Act relating to cemeteries.

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

Also:

(98-H 9158) (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 9219) An Act creating a council of labor and management.

Read and referred to the Committee on Labor.

NEW BUSINESS

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

Senators Revens, McCaffrey, Walaska and Donelan present (98-5 3224) An Act revising the charter of the City of Warwick, and in amendment of Chapter 1852 of the Public Laws, 1931, entitled "An Act to establish the City of Warwick," as amended.

Read and referrerd to the Committee on Corporations.

Senators Coderre, Irons, McBurney, Perry and Montalbano present (98-5 3225) Senate Resolution congratulating Dupuis Oil on the celebration of their 100th Anniversary.

Senator Coderre requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

CONSENT CALENDAR

In order for the day is taken up as follows:

Upon motion of Senator Enos, seconded by Senator Algiere, the following appointments on today's Consent Calendar, by unanimous consent, are given the Advice and Consent of the Senate, upon a voice vote:

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

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.

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.

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.

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.

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.

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.

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

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.

CALENDAR

In order for the day is taken up as follows:

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 Enos, and without objection, ordered to be placed on the Calendar for Friday, June 26, 1998

16.(98-H 7278) (Substitute "A") An Act relating to municipal detention facilities.

Ordered on the Calendar for passage in concurrence.

Senator Enos suggests that the act be placed on the desk.

Senator Issa objects.

Upon motion of Senator Enos, seconded by Senator Goodwin and many others, the act is placed on the desk, upon a roll call vote with 28 Senators voting in the affirmative and 12 Senators voting in the negative as follows:

YEAS - 28: Senators Algiere, Badeau, Blais, Breene, Cicilline, Coderre, Cole, Damiani, Enos, Fogarty, Goodwin, Irons, Izzo, Kelly, Lenihan, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Perry, Polisena, Roberts, Ruggerio, Tavares, Walsh, Walton.

NAYS - 12: Senators Alves, Caprio, Connors, Doneian, Gibbs, Graziano, Issa, Kells, McCaftrey, Montalbano, Palarzo, Walaska.

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

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

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

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.

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

2. (98-5 2406) An Act relating to businesses and professions- athletic agents.

Committee on Corporations recommends passage.

Senator Kells moves passage, seconded by Senators Walton, Cicilline, Graziano and Palazzo.

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

YEAS - 46: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Canrio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Doneian, Enos, Flynn, Fogarty, Gibbs, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Perry, Polisena, Raptakis, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walsh, Walton.

NAYS -0.

3. (98-5 3127) An Act relating to taxation.

Committee on Corporations recommends passage.

Senator Breene moves passage, seconded by Senator Roney.

The act is read and passed, 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, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Grariano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaftrey, McDonald, Montalbano, Nygaard, O'Leary, Paiva Weed, Palazzo, Parella, Perry, Polisena, Raptakis, Revens, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walsh, Walton.

NAYS -O.

4. (98-5 3191) (Substitute "A") An Act relating to town of Westerly.

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

Senator Algiere moves passage, seconded by Senators Blais, Walsh and others.

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 45: Senators Algiere, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Polisena, Raptakis, Revens, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

COMMUNICATION

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

STATE 0F RH0DE ISLAND AND PR0VIDENCE 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 2379) 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 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 24th day of June, 1998

JOHN A. CELONA
Senator, District 36

Ordered to be placed on file.

CALENDAR

5. (98-5 2379) An Act relating to mental health, retardation, and hospitals - Department of Health.

Committee on Health, Education and Welfare recommends passage.

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

Senators Gibbs, Graziano and Cicilline discuss the act.

The act is read and passed, upon a roll call vote with 44 Senators voting in the affirmative and 3 Senators voting in the negative as follows:

YEAS - 44: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Doneian, Enos, Fogarty, Graziano, Irons, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Perry, Polisena, Raptakis, Revens, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS - 3: Senators Flynn, Gibbs, Issa.

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.

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

The bill marked Substitute "A" is read and passed, in concurrence, and the original bill indefinitely postponed, upon a roll call vote with 46 Senators voting in the affirmative and 1 Senator voting in the negative as follows:

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

NAYS - 1: Senator Revens.

9.(98-H 8006 as amended) An Act relating to the state building code. Committee on Corporations recommends passage as amended.

Senator Irons moves passage, seconded by Senators Polisena, Cote, Goodwin and Graziano.

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, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

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

Committee on Corporations recommends passage in concurrence.

Senator Gibbs moves passage, seconded by Senators Bates, Blais, Nygaard 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, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

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.

Senator Nygaard moves passage, seconded by Senators Parella, Damiani, Enos and others.

The act is read and passed, as amended, 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, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

6. (98-5 2830) (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.

Senator Roney moves passage, seconded by Senators Ruggerio, Alves, Coderre, Paiva Weed, Connors, Walton, Irons, Cicilline and others.

Senators Patterson, Issa, Perry, Raptakis, Roney, Irons, Paiva Weed, Sasso, DoneIan and Graziano discuss the act.

Senator Roney, seconded by Senators Blais, Badeau, Damiani, Cicilline and others, offers the following written motion to amend:

FLOOR AMENDMENT
TO
(98-5 2830) (Substitute "A" as amended)

Mr. President:

I hereby move to amend (98-5 2830) (Substitute "A" as amended) entitled "AN ACT RELATING TO CODE OF ETHICS", as follows:

On page 5 line 2 after the word "passage" by inserting the following language "and shall apply to any complaints filed subsequent to passage".

Respectfully submitted,

JOHN M.RONEY
Senator, District 2

The motion to amend prevails upon a roll call vote with 47 Senators voting in the affirmative and 1 Senator voting in the negative as follows:

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

NAYS - 1: Senator Palazzo.

Upon motion of Senator Roney, seconded by Senators Kells, Goodwin 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 37 Senators voting in the affirmative and 12 Senators voting in the negative as follows:

YEAS - 37: Senators Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Damiani, Enos, Flynn, Gibbs, Goodwin, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Polisena, Revens, Roney, Ruggerio, Sosnowski, Tavares, Walaska, Walton.

NAYS - 12: Senators Algiere, Cote, Donelan, Fogarty, Graziano, Palazzo, Patterson, Perry, Raptakis, Roberts, Sasso, Walsh

12.(98-H 8881) An Act relating to the town of Scituate. Committee on Corporations recommends passage in concurrence.

Senator Breene moves passage, seconded by Senators Irons and Blais.

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, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DoneIan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, RaptaKis, Revens, Roberts, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh.

NAYS -0.

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.

Senator Izzo moves passage, seconded by Senators Polisena, Nygaard, Badeau, McCaffrey, Palazzo, Cote and others.

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

FLOOR AMENDMENT
TO
(98-H 7545) (Substitute "A" as amended)

Mr. President:

I hereby move to amend (98-H 7545) (Substitute "A" as amended) entitled "AN ACT RELATING TO BUSINESSES AND PROFESSIONS -NURSES", as follows:

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

SECTION 1. Section 5-34-36 of the General Laws Chapter 5-34 entitled "Nurses" is hereby amended to read as follows:

5-34-26. LICENSING OF CERTIFIED REGISTERED NURSE PRACTITIONERS. A license to practice as a certified nurse practitioner shall be issued if the applicant meets the qualifications for the certified registered nurse practitioner (R.N.P.). Persons who meet the qualifications of a certified registered nurse practitioner, as set forth in section 6-34-36, and are currently licensed as certified nurse practitioners by examination or endorsement under the laws of another state of the United States and/or the District of Columbia shall be allowed to practice as certified registered nurse practitioners in this state for a period not to exceed ninety (90) days from the date of clearance by the board of nurse registration and nursing education of Rhode Island department of health provided that they are duly licensed in this state within ninety (90) days. The original privilege to work ninety (90) days from the date of clearance not to be extended or renewed.

SECTION 2. This act shall take effect upon passage.

Respectfully submitted,

THOMAS J, IZZO
Senator, District 13

The motion to amend prevails upon a roll call vote with 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 45: Senators Algiere, Alves, Badeau, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, 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.

NAYS -0.

Upon motion of Senator Izzo, seconded by Senators Badeau, Graziano, Ruggerio and Palazzo, 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, Badeau, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, 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.

NAYS -0.

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

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

Senator Izzo moves passage, seconded by Senators Roberts, Sasso, Issa, Palazzo and others.

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

FLOOR AMENDMENT
TO
(98-H 7285 as amended)

Mr. President:

I hereby move to amend (98-H 7285 as amended) entitled "AN ACT RELATING TO HEALTH AND SAFETY OF PUPILS", as follows:

On page 1, after the handwritten word "condition," add the following language: "but no child shall be disciplined soley for failure to provide such documentation in advance."

Respectfully submitted,

THOMAS J. IZZO
Senator, District 13

The motion to amend prevails 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, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Doneian, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, 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.

Senator Blais discusses the act.

Upon motion of Senator Izzo, seconded by Senators Graziano, Palazzo and others, 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, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, 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.

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, Leo R. Blais, 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-H 7697) (Substitute A now pending beforethe 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 a pharmacist and the owner of the Pawtuxet Valley Prescription and Surgical Center, Inc.

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

LEOR.BLAIS
Senator, District 21
Subscribed and sworn to before me this 24th day of June, 1998

JEFFREY A. LANPHEAR
Notary Public

Ordered to be placed on file.

CALENDAR

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.

Senator Cicilline moves passage, seconded by Senators O'Leary, Polisena, Nygaard, Cote and Graziano.

Senator Cicilline, seconded by Senators Cote, Polisena and Graziano, offers the following written motion to amend:

FLOOR AMENDMENT
TO
(98-H 7697) (Substitute "A")

Mr. President:

I hereby move to amend (98-H 7697) (Substitute "A") entitled "AN ACT RELATING TO CONFIDENTIALITY OF HEALTH CARE COMMUNICATIONS AND INFORMATION ACT", as follows:

By deleting all the language after the enactment clause and inserting in place thereofthe following:

"SECTION 1. Section 5-37.3-3 of the General Laws in Chapter 5-37.3 entitled "Confidentiality of Health Care Communications and Information Act" is hereby amended to read as follows:

5-37.3-3. DEFINITIONS. - As used in this chapter:

(1) "Authorized representative" means:

(i) A person empowered by the patient/client to assert or to waive the confidentiality, or to disclose or consent to the disclosure of condifential information, as established by this chapter. That person shall not, except by explicit authorization, be empowered to waive confidentiality or to disclose or consent to the dosclosure of confidential information;

(ii) A guardian or conservator, of the person whose right to confidentiality is protected under this chpater is incompetent to assert or waive the right; or

(iii) If the patient/client is deceased, his or her person representative or, in the absence of that representative, his or her heirs-at-law.

(2) "Board of medical licensure and discipline" means the board created under chapter 37 of this title, as amended.

(3) (a) "Confidential health care communication" means a communication of health care information by an individual to a health care provider, including a transcription of any such information, not intended to be disclosed to third persons except if those persons are: (i) present to further the interest of the patient in the consultation, examination or interview; (ii) reasonably necessary for the transmission of the communication; or (iii) participating in the diagnosis and treatment under the direction of the health care provider, including members of the patient's family.

(b) "Confidential health care information" means all information relating to a patient's health care history, diagnosis, condition, treatment or evaluation obtained from a health care provider who has treated the patient.

(4) "Health care provider" means any person licensed by this state to provide or otherwise lawfully providing health care services, including, but not limited to, a physician, hospital, intermediate care facility or other health care facility, dentist, nurse, optometrist, podiatrist, physical therapist, psychiatric social worker, pharmacist or psychologist, and any officer, employee or agent of that provider acting in the course and scope of his or her employment or agency related to or supportive of health services.

(5) "Health care services" means acts of diagnosis, treatment, medical evaluation or counselling or such other acts as may be permissible under the health care licensing statutes of this state.

(6) "Medical peer review board" means a peer review board under chapter 37 of this title, as amended.

(7) "Nurse" means a registered nurse or licensed practical nurse licensed to practice nursing in the state.

(8) "Patient" means a person who receives health care services from a health care provider.

(9) "Personally identifiable confidential health care information" means confidential health care information which explicitly or by implication identities a particular patient.

(10) "Physician" means a person registered or licensed to practice allopathic or osteopathic medicine in this state under R]lode Island general laws.

(11) "Psychiatric social worker" means a person holding a Master's or further advanced degree from a school of social work accredited by the council of social work education.

(12) "Psychologist" means a certified psychologist under chapter 44 of this title, as amended.

(13) "Qualified personnel" means persons whose training and experience are appropriate to the nature and level of the work in which they are engaged and who, when working as part of an organization, are performing that work with published and adequate administrative safeguards against disclosure unauthorized under this article.

(14) "Third party" means a person other than the patient to whom the confidential health care information relates and other than a health care provider.

(15) "Managed care plan" means a plan operated by a managed care entity as described in subparagraph (16), that provides for the financing and delivery of health care services to persons enrolled in such plan through:

(A) Arrangements with selected providers to furnish health care services;

(B) Explicit standards for the selection of participating providers;

(C) Organizational arrangements for ongoing quality assurance, utilization review programs, and dispute resolution; and (D) Financial incentives for persons enrolled in the plan to use the participating providers and procedures provided for by the plan.

(16) "Managed care entity" includes a licensed insurance company, hospital or medical service plan, health maintenance organization, an employer or employee organization, or a managed care contractor as described in subparagraph (17), that operates a managed care plan.

(17) "Managed care contractor" means a person that:

(1) Establishes, operates or maintains a network of participating providers;

(2) Conducts or arranges for utilization review activities; and

(3) Contracts with an insurance company, a hospital or medical service plan, an employer, an employee organization, or any other entity providing coverage for health care services to operate a managed care plan.

(18) "Participating provider" means a physician, hospital, pharmacy, laboratory, dentist, or other state licensed or other state recognized provider of health care services or supplies, that has entered into an agreement with a managed care entity to provide such services or supplies to a patient enrolled in a managed care plan.

SECTION 2. This act shall take effect upon passage.

Respectfully submitted,

J. CLEMENT CICILLINE
Senator, District 50

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, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Enos, Flynn, Fogarty, Gibbs, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.

NAYS -0.

Upon motion of Senator Cicilline, seconded by Senators Graziano, Nygaard and Polisena, 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 45 Senators voting in the affirmative, 0 Senators voting in the negative and 1 Senator abstaining as follows:

YEAS 45: Senators Algiere, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Enos, Flynn, Fogarty, Gibbs, 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.

ABSTAINED - 1: Senator Blais.

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".

Senator Izzo moves passage, seconded by Senators Badeau, Cote, Roberts, Parella, Bates and others.

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

FLOOR AMENDMENT
TO
(98-H 7363) (Substitute "A")

Mr. President:

I hereby move to amend (98-H 7363) (Substitute "A") entitled "AN ACT RELATING TO EDUCATION (CHARTER SCHOOLS)", as follows:

1. On page 1, line 6, change the capital "E" in "Established" to lowe case.

2. On page 1, line 18, immediately after the word "nonchartered" ass the word "public".

3. On page 3, line 6, change the capital "E" in "Established" to lower case and after the word "organizations" insert the following language: in accordance with paragraph (i) of this section,".

4. On page 3, line 8, delete the phrase "in accordance with paragraph (i) of this section."

5. On page 5, line 3, change "it to its

6. On page 12, line 15, delete after the word "mechanism".

7. On page 12, line 16, insert a period after "Act" and delete the remainder of the sentence. Insert the following sentence after "Act.": "The funding mechanism shall be promulgated and issued as a recommendation to the General Assembly no later than December 31, 1998."

Respectfully submitted,

THOMAS J. IZZO
Senator, District 13

The motion to amend prevails upon a roll call vote with 37 Senators voting in the affirmative and 7 Senators voting in the negative as follows:

YEAS - 37: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Connors, Cole, Damiani, Enos, Flynn, Gibbs, Graziano, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Sasso, Tavares, Walaska.

NAYS - 7: Senators Coderre, Fogarty, Oster, Palazzo, Polisena, Walsh, Walton.

Senator Oster, seconded by Senators Polisena, Walton, McDonald, Fogarty, Nygaard, Goodwin, DoneIan and others, offers the following written motion to amend:

FLOOR AMENDMENT
TO
(98-H 7363) (Substitute "A")

Mr. President:

I hereby move to amend (98-H 7363) (Substitute "led "AN ACT RELATING TO EDUCATION", as follows:

On page 12, by deleting the language on lines 13 through 17 and inserting in place thereof the following language:

"SECTION 2. The commissioner of elementary and secondary education shall develop a mechanism to support the funding of charter schools. Said mechanism for schools established pursuant to section 16-77-4.2 shall be consistent with the principle of full state funding. Said mechanism for schools established pursuant to section 16-77-4.1 shall be consistent with the terms and conditions of section 16-77-6. The funding mechanism shall be promulgated and shall be issued as a recommendation to the general assembly no later than December 31, 1998. No charter shall be granted for a newly created school established pursuant to section 16-77-4.2 until the funding mechanism is adopted by an act of the general assembly."

Respectfully submitted,

JONATHAN OSTER
Senator, District 34

Senators Palazzo, Walsh, Polisena, Graziano, Oster, Raptakis, Izzo, Fogarty, Walton, Roberts and Celona discuss the amendment.

Upon suggestion of Senator Irons, seconded by Senator Enos, the question is moved, upon a roll call vote with 37 Senators voting in the affirmative and 9 Senators voting in the negative as follows:

YEAS 37: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Gibbs, Goodwin, Irons, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Nygaard, Oster, Patterson, Perry, Revens, Roberts, Ruggerio, Sasso, Sos. nowski, Tavares, Walaska, Walsh, Walton.

NAYS - 9: Senators Caprio, Flynn, Graziano, Montalbano, O'Leary, Paiva Weed, Palazzo, Polisena, Raptakis.

The motion to amend prevails upon a roll call vote with 26 Senators voting in the affirmative and 23 Senators voting in the negative as follows:

YEAS - 26: Senators Alves, Breene, Caprio, Celona, Coderre, Connors, Damiani, Donelan, Fogarty, Goodwin, Graziano, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Palazzo, Parella, Polisena, Ruggerio, Sosnowski, Tavares, Walsh, Walton.

NAYS 23: Senators Algiere, Badeau, Bates, Blais, Cicilline, Cole, Enos, Flynn, Gibbs, Irons, Izzo, Kells, Kelly, Lenihan, Paiva Weed, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Sasso, Walaska.

Senator Parella, seconded by Senator Patterson, moves to reconsider the amendment. The amendment is reconsidered, upon a roll call vote with 29 Senators voting in the affirmative and 20 Senators voting in the negative as follows:

YEAS - 29: Senators Algiere, Badeau, Bates, Blais, Breene, Cicilline, Coderre, Connors, Cole, Enos, Flynn, Gibbs, Irons, Izzo, Kells, Kelly, Lenihan, O'Leary, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Sasso, Sosnowski, Walaska.

NAYS - 20: Senators Alves, Caprio, Celona, Damiani, Donelan, Fogarty, Goodwin, Graziano, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, Oster, Palazzo, Polisena, Ruggerio, Tavares, Walsh, Walton.

Senator Oster, seconded by Senators Fogarty, McDonald, Damiani, Alves, Ruggerio and Nygaard, moves the amendment.

Senator Celona discusses the amendment.

The motion to amend fails of passage, upon a roll call vote with 24 Senators voting in the affirmative and 25 Senators voting in the negative as follows:

YEAS - 24: Senators Alves, Blais, Caprio, Celona, Coderre, Connors, Damiani, Donelan, Fogarty, Goodwin, Graziano, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Palazzo, Polisena, Ruggerio, Tavares, Walsh, Walton.

NAYS - 25: Senators Algiere, Badeau, Bates, Breene, Cicilline, Cole, Enos, Flynn, Gibbs, Irons, Izzo, Kells, Kelly, Lenihan, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Sasso, Sosnowski, Walaska.

Senators Flynn, Oster, Walsh, Polisena and Celona discuss the act.

Senator Connors moves passage of the act as amended, seconded by Senators Badeau, Roberts, Cote and others.

Upon suggestion of Senator Palazzo, seconded by Senator Enos, the question is moved, upon a roll call vote with 39 Senators voting in the affirmative and 11 Senators voting in the negative as follows:

YEAS - 39: Senators Algiere, Badeau, Bates, Blais, Breene, Cicilline, Coderre, Connors, Cote, Damiani, DoneIan, Enos, Flynn, Gibbs, Goodwin, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McDonald, Montalbano, Nygaard, O'Leary, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Revens, Ruggerio, Sasso, Sosnowski, Tavares, Walaska,Walsh.

NAYS 11: Senators Alves, Caprio, Celona, Fogarty, Graziano, McCaffrey, Oster, Raptakis, Roberts, Roney, Walton.

The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, upon a roll call vote with 30 Senators voting in the affirmative and 20 Senators voting in the negative as follows:

YEAS - 30: Senators Algiere, Badeau, Bates, Breene, Cicilline, Connors, Cole, Damiani, Enos, Flynn, Fogarty, Gibbs, Irons, Issa, Izzo, Kells, Kelly, Lenihan, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Sasso, Sosnowski, Tavares, Walaska.

NAYS - 20: Senators Alves, Blais, Caprio, Celona, Coderre DoneIan, Goodwin, Graziano, McBurney, McCaffrey, McDo? nald, Montalbano, Nygaard, O'Leary, Oster, Palazzo, Polisena, Ruggerio, Walsh, Walton.

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

FROM THE
HOUSE OF REPRESENTATIVES

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

(98-53096) (Substitute "A" as amended) An Act relating to miscellaneous fines.

Senator Roney requests unanimous consent for immediate consideration.

Senator Avles objects.

Upon motion of Senator Roney, seconded by Senator Enos, the motion for immediate consideration is granted, upon a roll call vote with 29 Senators voting in the affirmative and 10 Senators voting in the negative as follows:

YEAS 29: Senators Algiere, Badeau, Bates, Blais, Cicilline, Coderre, Cole, Enos, Flynn, Fogarty, Gibbs, Goodwin, Irons, Kelly, Lenihan, McDonald, Nygaard, O'Leary, Oster, Parella, Patterson, Perry, Polisena, Roberts, Roney, Ruggerio, Tavares, Walsh, Walton.

NAYS - 10: Senators Alves, Caprio, Graziano, Issa, Kells, McCaffrey, Montalbano, Palazzo, Raptakis, Walaska.

Senator Roney moves passage, seconded by Senator Enos.

The bill marked Substitute "A" is read and passed, in concurrence, and the original bill indefinitely postponed, upon a roll call vote with 33 Senators voting in the affirmative and 11 Senators voting in the negative as follows:

YEAS - 33: Senators Algiere, Badeau, Bales, Blais, Celona, Cicilline, Coderre, Damiani, Flynn, Fogarty, Gibbs, Goodwin, Irons, Kelly, Lenihan, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raplakis, Revens, Roberts, Roney, Sasso, Sosnowski, Tavares, Walsh, Walton.

NAYS - 11: Senators Alves, Caprio, Cole, Enos, Graziano, Issa, Kells, McCaffrey, Montalbano, Ruggerio, Walaska.

REPORTS OF COMMITTEES

COMMITTEE ON
HEALTH, EDUCATION AND WELFARE

Senator Izzo, from the Committee on Health, Education and Welfare reports back, with recommendation of passage of the following measures:

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

Read and ordered to be placed on the Calendar.

(98-H 8064) An Act relating to emergency medical transportaion services.

Read and ordered to be placed on the Calendar.

COMMITTEE ON JUDICIARY

Senator Paiva Weed from the Committee on Judiciary, reports back, with recommendation of passage of the following measures:

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

Read and ordered to be placed on the Calendar.

(98-H 7273 as amended) An Act relating to solemnization of marriages.

Read and ordered to be placed on the Calendar.

(98-H 7456) (Substitute "A" as amended) An Act relating to domestic relations - temporary orders.

Read and ordered to be placed on the Calendar.

(98-H 7556) An Act relating to divorce and separation - child support.

Read and ordered to be placed on the Calendar.

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

Read and ordered to be placed on the Calendar.

(98-H 7711) (Substitute "A") An Act relating to motor and other vehicles - motor vehicle reparations act.

Read and ordered to be placed on the Calendar.

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

Read and ordered to be placed on the Calendar.

(98-H 7911) (Substitute "A" as amended) An Act relating to state affairs and government - open meetings.

Read and ordered to be placed on the Calendar.

Reappointment of Richard H. Burroughs of Kingston to the Narragansett Bay Commission for a term expiring April 1, 2001.

Read and ordered to be placed on the Consent Calendar.

Reappointment of John Giusti of Warwick to the Narragansett Bay Commission for a term expiring April 1, 2000.

Read and ordered to be placed on the Consent Calendar.

Reappointment of Laurie A. Montanaro-Kij ak of Cranston to the Narragansett Bay Commission for a term expiring April 1, 2000.

Read and ordered to be placed on the Consent Calendar.

Reappointment of Frank Canario of Providence (Representing health officials) 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 James R. Carlson of Foster (Public Member) 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 R. Kevin Horan of North Kingstown to the Personnel Appeal Board for a term expiring April 1, 2004.

Read and ordered to be placed on the Calendar.

Reappointment of William M. Pearson of Warwick to the Personnel Appeal Board for a term expiring April 1, 2004.

Read and ordered to be placed on the Calendar.

Reappointment of Dana Newbrook of Cumberland (Representing Architects) to the State Building Codes Standards Committee for a term expiring May 1, 2001.

Read and ordered to be placed on the Consent Calendar.

HAPPY BIRTHDAY

Senator Blais extends best wishes to Cheryl Ricci on the special occasion of her birthday.

FROM THE DESK

Upon suggestion of Senator Enos, and without objection, (98-2 2975) An Act relating to local taxes - town of Narragansett, is removed from the Desk and placed on the Calendar.

TRANSMITTAL

By unanimous consent, all Senate 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 Kelly announces that the Senate will meet at 1:00 o'clock P.M. on Thursday, June 25, 1998

ADJOURNMENT

Upon motion of Senator Kelly, seconded by Senator Algiere, the Senate adjourns at 7:37 o'clock P.M.

RAYMOND T. HOYAS, JR.
Clerk of the Senate

Appendix

INVOCATION
SENATOR WILLIAM ENOS

Eternal Father, open our hearts and minds for your divine light upon our daily duties. May we proceed with the courage to make righteous decisions. Amen.

Appendix

CONSENT CALENDAR

In order for Thursday, June 25, 1998

1. Reappointment of Richard H. Burroughs of Kingston 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 appointment.

2. Reappointment of John Giusti of Warwick to the Narragansett Bay Commission for a term expiring April 1, 2000.

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

3. Reappointment of Laurie A. MontanaroKijak of Cranston to the Narragansett Bay Commission for a term expiring April 1, 2000.

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

4. Reappointment of Frank Canario of Providence (Representing health officials) 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.

5. Reappointment of James R. Carlson of Foster (Public Member) 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. Reappointment of Dana Newbrook of Cumberland (Representing Architects) 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.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Wednesday, June 24, 1998

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 7332) An Act relating to the town of Charlestown- Juvenile Hearing Board.

Committee on Corporations recommends passage in concurrence.

3.(98-H 7361) An Act relating to town of Hopkinton - Juvenile Hearing Board.

Committee on Corporations recommends passage in concurrence.

4.(98-H 7365) An Act relating to taxation -collection of taxes generally - municipal lein certificate.

Committee on Corporations recommends passage in concurrence.

5.(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.

6.(98-H 7969) An Act relating to professional service corporations.

Committee on Corporations recommends passage in concurrence.

7. (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 not more than $400,000 bonds and notes therefor.

Committee on Corporations recommends passage in concurrence.

8. (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 fourty 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.

9.(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

10.(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.

11.(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 Substitue"B" as amended.

12.(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".

13.(98-H 8310 as amended) An Act relating to judicial selection.

Committee on Judiciary recommends passage as amended.

14.(98-H 8330 as amended) An Act relating to criminal procedure- domestic abuse.

Committee on Judiciary recommends passage as amended in concurrence.

15. (98-5 2139) An Act creating the Persian Gulf war Information Relief Commission.

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

16. (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.

17.(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.

18.(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

19.(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.

20.(98-H 8221) An Act relating to business and professions- manicurist.

Committee on Corporations recommends passage in concurrence.

21.(98-H 7436) An Act relating to public utilities and carriers- motor passenger carriers.

Committee on Corporations recommends passage in concurrence.

22.(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.

23.(98-H 9117) An Act relating to businesses and professions- real estate appraiser certification act.

Committee on Corporations recommends passage in concurrence.

24. (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.

25. (98-5 2077) An Act relating to military affairs and defense- extension of veterans' benefits.

Committee on Finance recommends passage.

Appendix

CALENDAR

In order for Friday, June 26, 1998:

1. Reappointment of R. Kevin Horan of North Kingstown to the Personnel Appeal Board for a term expiring April 1, 2004.

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

2. Reappointment of William M. Pearson of Warwick to the Personnel Appeal Board for a term expiring April 1, 2004.

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

3. (98-5 2975) An Act relating to local taxes - town of Narragansett.

Ordered on the Calendar.

4. (98-5 7781) An Act relating to taxation - motor vehicles - alternative fueled vehicle incentive.

Committee on Finance recommends passage in concurrence.

5.(98-H 7123) (Substitute "A" as amended) An Act relating to health and safety - human cloning.

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

6.(98-H 8064 as amended) An Act relating to emergency medical transportation services.

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

7.(98-H 7117) An Act relating to motor and other vehicles- special stops required.

Committee on Judiciary recommends passage in concurrence.

8.(98-H 7273 as amended) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage as amended in concurrence.

9.(98-H 7456) (Substitute "A" as amended) An Act relating to domestic relations - temporary orders.

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

10.(98-H 7556) An Act relating to divorce and separation- child support.

Committee on Judiciary recommends passage in concurrence.

11.(98-H 7657) An Act relating to criminal offenses - mandatory community restitution.

Committee on Judiciary recommends passage in concurrence.

12.(98-H 7711) (Substitute "A") An Act relating to motor and other vehicles - motor vehicle reparations act.

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

13.(98-H 7894) An Act relating to motor vehicles - motor vehicles reparations act.

Committee on Judiciary recommend passage in concurrence.

14.(98-H 7911) (Substitute "A" as amended) An Act relating to state affairs and government - open meetings.

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

15.(98-H 7219) (Substitute "A") An Act relating to military affairs and defense - burial of veterans.

Ordered on the Calendar of passage of Substitute "A".

16.(98-H 7288) (Substitute "A") Joint Resolution making an appropriation to pay certain claims.

Ordered on the Calendar for passage of Substitute "A" in concurrence.

17.(98-H 7374) (Substitute "A" as amended) An Act relating to Disabled American Veterans - educational benefits.

Ordered on the Calendar for passage of Substitute "A" as amended in concurrence.

18.(98-H 7863) (Substitute "A" as amended) An Act relating to public motor vehicles.

Ordered on the Calendar for passage of Substitute "A" as amended in concurrence.

19.(98-H 7999) An Act relating to holidays.

Ordered on the Calendar for passage in concurrence.

20.(98-H 8001) An Act relating to military affairs and defense.

Ordered on the Calendar for passage in concurrence.

21.(98-H 8145) An Act relating to Rhode Island Veteran's Home.

Ordered on the Calendar for passage in concurrence.

22.(98-H 8217 as amended) An Act relating to motor vehicle inspections security alarm.

Ordered on the Calendar for passage as amended in concurrence.

23.(98-H 8237 as amended) An Act relating to waters and navigation- clean water infrastructure.

Ordered on the Calendar for passage as amended in concurrence.

24.(98-H 8291) An Act relating to water projects revolving loan fund.

Ordered on the Calendar for passage in concurrence.

25.(98-H 8323) (Substitute "A") An Act creating the Persian Gulf War Information Relief Commission.

Ordered on the Calendar for passage of Substitute "A" in concurrence.

26.(98-H 8634) (Substitute "A") An Act relating to days of special observance.

Ordered on the Calendar for passage of Substitute "A" in concurrence.

27.(98-H 8635) An Act relating to holidays.

Ordered on the Calendar for passage in concurrence.

28.(98-H 8638) (Substitute "A") An Act relating to motor vehicles - operators' and chauffeurs' licenses.

Ordered on the Calendar for passage of Substitute "A" in concurrence.

29.(98-H 8648) (Substitute "A" as amended) An Act providing for management of the withdrawal and use of the waters of the state.

Ordered on the Calendar for passage of Substitute "A" as amended in concurrence.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Wednesday, June 24, 1998

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