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. 69 |
Thursday, June 25, 1998 |
Sixty-ninth Day |
The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Bernard A. Jackvony, at 1:27 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, Coderre, 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, Roberts, Roney, Ruggerio, Sasso, Sosnowsl:i, Tavares, Walaska, Walsh, Walton.
ABSENT - 1: Senator Revens.
INVOCATION
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Coderre, to deliver the invocation.
(See Appendix for Invocation)
PLEDGE OF ALLEGIANCE TO THE FLAG
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Coderre, to lead the Senate in the pledge of allegiance to the flag.
APPROVAL OF RECORD
The Senate Journal of Wednesday, June 24, 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 Graziano, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Beverly Dwyer of the Department of Administration and her daughter Lauren of North Providence.
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 Richard H. Burroughs of Kingston to the Narragansett Bay Commission for a term expiring April 1, 2001.
2. Reappointment of John Giusti of Warwick to the Narragansett Bay Commission for a term expiring April 1, 2000.
3. Reappointment of Laurie A. MontanaroKijak of Cranston to the Narragansett Bay Commission for a term expiring April 1, 2000.
4. Reappointment of Frank Canario of Providence (Representing health officials) to the State Building Codes Standards Committee for a term expiring May 1, 2001.
5. Reappointment of James R. Carlson of Foster (Public Member) to the State Building Codes Standards Committee for a term expiring May 1, 2001.
6. Reappointment of Dana Newbrook of Cumberland (Representing Architects) 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:
Upon suggestion of Senator Lenihan, and without objection, amendments to the budget will be considered in the order as distributed to each
Senator, by unanimous consent, on a voice vote.
COMMUNICATION
His Honor, the Lieutenant Governor, presents the following communications:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER
June 25, 1998
His Honor, Bernard A. Jackvony Lieutenant Governor 115 State House Providence, Rhode Island 02903
HAND DELIVERED
Dear Lieutenant Governor Jackvony:
I, John O'Leary, 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 the 1998 State Budget Bill (98-H 8478) (Substitute A as amended).
4. I do not request that I be excused from voting, deliberating or taking action on the matter providing that the impact of (98-H 8478) (Substitute A as amended) is in keeping with the provisions of 36-15-(b)9.
5. I am able to vote and deliberate, despite the potential conflict, because:
a. I can participate fairly, objectively and in the public interest.
b. No monetary benefit or detriment will occur to me or any member of my family to a greater extent that any other similarly situated member of the occupational group.
c. I am the coordinator of the LEAP program at the University of Rhode Island, College of Continuing Education and held this position prior to my election to the Senate in 1990.
6. This statement is true to the best of my knowledge.
JOHN O'LEARY
Senator, District 12
Ordered to be placed on file.
Also:
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-H 8478) (Substitute "A" as amended) 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-S 9
Signed under penalties of perjury this 25th day of June, 1998.
JOHN A. CELONA
Senator, District 36
Ordered to be placed on file.
CALENDAR
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.
Senator Lenihan moves passage, seconded by Senators Kelly, Enos, Coderre, Badeau, Roney, Gibbs, Polisena, Paiva Weed, Kells, Perry, Fogarty and many others.
Senator Algiere, seconded by Senator Bates, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(98-H 8478) (Substitute "A" as amended)
Mr. President:
I hereby move to amend (98-H 8478) (Substitute "A" as amended) entitled "AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 1999", as follows:
In Article 1, page 23, line 25, by deleting the figure "39,384,187" and inserting in place thereof the figure "$49,384,187."
In Article 1, page23, line 3, by deleting the figure "72,360,208" and inserting in place thereof the figure "82,360,208."
In Article 1, page 24, line 2, by deleting the figure "232,023,320" and inserting in place thereof the figure "242,023,320."
In Article 1, page 24, line 3, by deleting the figure "275,822,394" and inserting in place thereof the figure "285,822,394."
Respectfully submitted,
DENNIS L. ALGIERE
Senator, District 26
Senator Roney discusses the amendment.
The motion to amend fails of passage upon a roll call vote with 6 Senators voting in the affirmative and 32 Senators voting in the negative as follows:
YEAS - 6: Senators Algiere, Bates, Flynn, Gibbs, Parella, Sasso.
NAYS - 32: Senators Alves, Badeau, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Fogarty, Goodwin, Graziano, Irons, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, O'Leary, Oster, Paiva Weed, Perry, Polisena, Roberts, Roney, Tavares, Walaska, Walsh.
Senator Algiere, seconded by Senators Gibbs and Parella, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(98-H 8478) (Substitute "A" as amended)
Mr. President:
I hereby move to amend (98-H 8478) (Substitute "A" as amended) entitled "AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 1999", as follows:
In Article 1, page 8, line 34, by deleting the figure "18,831,915" and inserting in place thereof the figure "19,731,915."
In Article 1, page 9, line 1, by deleting the figure "18,832,915" and inserting in place thereof the figure "19,732,915."
In Article 1, page 9, line 3, by deleting the figure "31,001,848" and inserting in place thereof the figure "31,901,848."
Respectiully submitted,
DENNIS L. ALGIERE
Senator, District 26
Senators Roberts, Celona, Algiere and Lenihan discuss the amendment.
The motion to amend fails of passage upon a roll call vote with 6 Senators voting in the affirmative and35 Senators voting in the negative as follows:
YEAS - 6: Senators Algiere, Bates, Flynn, Gibbs, Parella, Walaska.
NAYS - 35: Senators Alves, Badeau, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Fogarty, Goodwin, Graziano, Irons, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, O'Leary, Oster, PaivaWeed, Palazzo, Perry, Polisena, Roberts, Roney, Ruggerio, Sasso, Tavares, Walsh.
Senator Gibbs, seconded by Senator Parella, ofiers the following written motion to amend:
FLOOR AMENDMENT
TO
(98-H 8478) (Substitute "A" as amended)
Mr. President:
I hereby move to amend (98-H 8478) (Substitute "A" as amended) entitled "AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 1999", as follows:
In Article 1, page 1, line 24, by deleting the figure "17,208,538" and inserting in place thereof the figure "18,208,538."
In Article 1, page 11, line 26, by deleting the figure "54,813,558" and inserting in place thereof the figure "55,813,558."
In Article 1, page 11, line 28, by deleting the figure "137,808,291" and inserting in place thereof the figure "138,808,291."
Respectfully submitted,
JUNE N. GIBBS
Senator, District 48
Senator Roberts discusses the amendment.
The motion to amend fails of passage upon a roll call vote with 9 Senators voting in the affirmative and34 Senators voting in the negative as follows:
YEAS - 9: Senators Algiere, Bates, Cote, Donelan, Flynn, Gibbs, Palazzo, Parella, Walaska.
NAYS - 31: Senators Alves, Badeau, Caprio, Celona, Cicilline, Coderre, Connors, Damiani, Enos, Fogarty, Goodwin, Grariano, Irons, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, Montalbano, O'Leary, Oster, Paiva Weed, Perry, Polisena, Roberts, Roney, Ruggerio, Sasso, Tavares, Walsh.
Senator Graziano, seconded by Senators Palazzo and Montalbano, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(98-H 8478) (Substitute "A" as amended)
Mr. President:
I hereby move to amend (98-H 8478) (Substitute "A" as amended) entitled "AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 1999", as follows:
In Article 1, on page 1, between lines 23 and 24, by adding the following language:
"Phase one of employee pay equity re:
Hallcrest 3,000,000"
In Article 1, on page 1, line 24, by deleting the number "6,317,569" and substituting in place thereof the number "9,317,569".
Respectfully submitted,
CATHERINE E. GRAZIANO
Senator, District 5
Senators
Graziano, Lenihan, Montalbano and
Roberts discuss the amendment.
The motion to amend fails of passage upon a roll call vote with 16 Senators voting in the affirmative and 28 Senators voting in the negative as follows:
YEAS - 16: Senators Alves, Caprio, Celona, Cote, Donelan, Flynn, Graziano, Issa, McCaffrey, Montalbano, Oster, Palazzo, Parella, Sasso, Walaska, Walsh.
NAYS - 28: Senators Algiere, Badeau, Bates, Cicilline, Coderre, Connors, Damiani, Enos, Fogaity, Gibbs, Goodwin, Irons, Izzo, Kells, Kelly, Lenihan, McBurney, McDonald, Nygaard, O'Leary, Paiva Weed, Patterson, Perry, Polisena, Roberts, Roney, Tavares, Walton.
Senator Gibbs, seconded by Senators Algiere and Bates, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(98-H 8478) (Substitute "A" as amended)
Mr. President:
I hereby move to amend (98-H 8478) (Substitute "A" as amended) entitled "AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 1999", as follows:
In Article 5, page 3, between lines 16 and 17, insert the following:
"(4) Center on Aging $3,700,000
Provides funds for the repairs and renovation of a state owned facility at the Howard Center in Cranston to serve as the Center on Aging and provide administrative offices for the Department of Elderly Affairs.
Respectfully submitted,
JUNE N. GIBBS
Senator, District 48
Senators Roberts, Fogarty and Lenihan discuss the amendment.
The motion to amend fails of passage upon a roll call vote with 14 Senators voting in the affirmative and32 Senators voting in the negative as follows:
YEAS - 14: Senators Algiere, Alves, Bates, Donelan, Flynn, Gibbs, Graziano, Issa, Kells, McCaffrey, Palazzo, Parella, Patterson, Walaska.
NAYS - 32: Senators Badeau, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Fogarty, Goodwin, Irons, Izzo, Kelly, Lenihan, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Perry, Polisena, Raptakis, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walsh, Walton.
Senator Algiere, seconded by Senators Gibbs and Bates, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(98-H 8478) (Substitute "A" as amended)
Mr. President:
I hereby move to amend (98-H 8478) (Substitute "A" as amended) entitled "AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 1999", as follows:
In Article 6, page 6, line 14, by deleting after the word "four" the word "and one half."
In Article 6, page 6, line 16, by deleting after the word "three" the word "and one half."
In Article 6, page 6, line 18, by deleting after the word "two" the word "and one half."
In Article 6, page 6, line 20, by deleting after the word "one" the word "and one half."
In Article 6, page 6, line 22, by deleting after the figure "2003" the words "one half cent" and inserting thereof the words "no funding."
In Article 6, page 6, line 24, by deleting line 24 in its entirety.
Respectfully submitted,
DENNIS L. ALGIERE
Senator, District 26
Senators Donelan, Algiere, Celona and Roney discuss the amendment.
The motion to amend fails of passage upon a
roll call vote with 11 Senators voting in the affirmative and 34 Senators voting in the negative as follows:
YEAS - 11: Senators Algiere, Bates, Donelan, Flynn, Gibbs, Issa, Palazzo, Parella, Patterson, Raptakis, Walaska.
NAYS - 34: Senators Alves, Badeau, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Fogarty, Goodwin Grariano, Irons, Izzo, Kells, Kelly, Lenihan, McCaffrey' McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Perry, Polisena, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walsh, Walton.
Senator Cote, seconded by Senator Walaska, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(98-H 8478) (Substitute "A" as amended)
Mr. President:
I hereby move to amend (98-H 8478) (Substitute "A" as amended) entitled "AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF THE
STATE FOR THE FISCAL YEAR ENDING
JUNE 30, 1999", as follows:
By adding the following new article to be given the next available number:
ARTICLE___
SECTION 1. Sections 44-18-18, 44-18-19 and 44-18-20 of the General Laws in Chapter 4418 entitled "Sales and Use Taxes Liability and Computation" are hereby amended to read as follows:
44-18-18. SALES TAX IMPOSED. - A tax is hereby imposed upon sales at retail in this state including charges for rentals of living quarters in hotels, rooming houses, or tourist camps, at the rate of six percent (6%) of the gross receipts of the retailer from the sales or rental charges; provided, however, that the tax imposed on charges for the rentals shall apply only to the first period of not exceeding thirty (30) consecutive calendar days of each rental; provided further, however, for the period commencing July 1, 1990 the tax rate shall be seven percent (7%). The tax shall be paid to the tax administrator by the retailer at the time and in the manner provided. Excluded from this tax are those living quarters in hotels, rooming houses, or tourist camps for which the occupant has a written lease for the living quarters which lease covers a rental period of twelve (12) months or more.
Commencing January 1, 1999 the tax rate shall be six and fifty five one hundredths percent (6.65%). Commencing January 1, 2000 the tax rate shall be six and one tenth percent (6.1%). Commencing January 1, 2001 the tax rate shall be five and six tenths percent (6.60%). Commencing January 1, 2002 the tax rate shall be five and two tenths percent (5.20%).
44-18-19. COLLECTION OF SALES TAX BY RETAILER. - The retailer shall add the tax hereby imposed to the sale price or charge, and when added the tax shall constitute a part of the price or charge, shall be a debt from the consumer or user to the retailer, and shall be recoverable at law in the same manner as other debts; provided, however, that the amount of tax that the retailer shall collect from the consumer or user shall be as follows:
Amount of Sale Amount of Tax
$0.01 to $ .08 inclusive No Tax
.09 to .24 Inclusive .01
.25 to .41 inclusive .02
.42 to. 58 inclusive .03
.59 to .74 inclusive .04
.75 to .91 inclusive .05
.92 to 1.08 inclusive .06
and where the amount of the sale is more than one dollar and eight cents ($1.08) the amount of the tax shall be computed at the rate of six percent (6%); provided further, however, that the amount of tax that the retailer shall collect from the consumer or user for the period commencing July 1, 1990 shall be as follows:
Amount of Sale Amount of Tax
$0.01 to $ .07 inclusive No Tax
.08 to 21 inclusive .01
.22 to .35 inclusive .02
.36 to .49 inclusive .03
.50 to .64 inclusive .04
.65 to .78 inclusive .05
.79 to .92 inclusive .06
.93 to 1.07 inclusive .07
and where the amount of the sale is more than one dollar and seven cents ($1.07) the amount of the tax shall be computed at the rate of seven percent (7%).
Commencing January 1 1999 where the amount of the sale is greater than ninety two cents ($.92) the amount of the tax shall be computed at a rate of six and fifty-five one hundredths percent (6.56%). Commencing January 12000 where the amount of the sale is greater than seventy eight cents ($.78) the amount of the tax shall be computed at a rate of six and one tenth percent (6.1%). Commencing January 1 2001 where the amount of the sale is greater than seventy eight cents .78) the amount of the tax shall be computed at a rate of five and six tenths percent (6.6%). Commencing January 1 2002 where the amount of the sale is greater than sixty four cents ($.64) the amount of the tax shall be computed at a rate of fIve and two tenths percent (6.2%)-
44-18-20. USE TAX IMPOSED. - (a) An excise tax is hereby imposed on the storage, use, or other consumption in this state of tangible personal property, including a motor vehicle, a boat, an airplane, or a trailer, purchased from any retailer at the rate of six percent (6%) of the sale price of the property.
(b) An excise tax is hereby imposed on the storage, use, or other consumption in this state of a motor vehicle, a boat, an airplane, or a trailer purchased from other than a licensed motor vehicle dealer or other than a retailer of boats, airplanes, or trailers respectively, at the rate of six percent (6%) of the sale price of the motor vehicle, boat, airplane, or trailer.
(c) The word "trailer" as used in this section and in section 44- 18-21 shall mean and include those defined in subsections (a) through (e) of section 31- 1-5 and shall also include boat trailers, camping trailers, house trailers, and mobile homes.
(d) Notwithstanding the provisions contained in this section and in section 44- 18-21 relating to the imposition ofa use tax and liability therefor on certain casual sales, no tax shall be payable in any casual sale:
(1) When the transferee or purchaser is the spouse, mother, father, brother, sister, or child of the" transferor or seller;
(2) When the transfer or sale is made in connection with the organization, reorganization, dissolution, or partial liquidation of a business entity, provided (i) the last taxable sale, transfer, or use of the article being transferred or sold was subjected to a tax imposed by this chapter, and (ii) the transferee is the business entity herein referred to or is a stockholder, owner, member, or partner thereof, and (iii) any gain or loss to the transferor is not recognized for income tax purposes under the provisions of the federal income tax law and treasury regulations and rulings issued thereunder;
(3) When the sale or transfer is of a trailer, other than a camping trailer, of the type ordinarily used for residential purposes and commonly known as a house trailer or as a mobile home; or.
(4) When the transferee or purchaser is otherwise exempt under the provisions of section 44-18-30 or other general law of this state or special act of the general assembly of this state.
(e) The term "casual" shall mean a sale made by a person other than a retailer; provided, however, that in the case of a sale of a motor vehicle, the term shall mean a sale made by a person other than a licensed motor vehicle dealer or an auctioneer at an auction sale. In no case shall the tax imposed under the provisions of subsections (a) and (b) on the storage, use, or other consumption in this state of a used motor vehicle be less than the product obtained by multiplying the amount of the retail dollar value at the time of purchase of the motor vehicle by the applicable tax rate; provided, however, that where the amount of the sale price exceeds the amount of the retail dollar value, the tax shall be based on the sale price. The tax administrator shall use as his or her guide the retail dollar value as shown in the current issue of any nationally recognized used vehicle guide for appraisal purposes in this state. On request within thirty (30) days by the taxpayer after payment of the tax, if the tax administrator shall determine that the retail dollar value as set forth above is inequitable or unreasonable, he or she shall, after affording the taxpayer reasonable opportunity to be heard, redetermine the tax.
(f) Every person making more than five (5) retail sales of tangible personal property during any twelve (12) month period, including sales made in the capacity of assignee for the benefit of creditors or receiver or trustee in bankruptcy, shall be considered a retailer within the provisions of this chapter.
(g) "Casual sale" includes a sale of tangible personal property not held or used by a seller in the course of activities for which the seller is required to hold a seller's permit or permits or would be required to hold a seller's permit or permits if the activities were conducted in this state, provided the sale is not one of a series of sales sufficient in number, scope, and character (more than five (5) in any twelve (12) month period to constitute an activity for which the seller is required to hold a seller's permit or would be required to hold a seller's permit if the activity were conducted in this state.
Casual sales also include sales made at bazaars, fairs, picnics, or similar events by nonprofit organizations which are organized for charitable, educational, civic, religious, social, recreational, fraternal, or literary purposes during two (2) events not to exceed a total of six (6) days duration each calendar year. Each such event shall require the issuance of a permit by the division of taxation. Where sales are made at such events by a vendor which holds a sales tax permit and is not a nonprofit organization, such sales are in the regular course of business and are not exempt as casual sales.
(h) Provided, however, the use tax imposed hereunder for the period commencing July 1, 1990 shall be at the rate of seven percent (7%).
Commencing January 1 1999 the tax rate shall be six and fifty five one hundredths percent (6.55%). Commencing January 1 2000 the tax rate shall be six and one tenths percent (6.10%). Commencing January 1 2001 the tax rate shall be five and six tenths percent (5.60%). Commencing January 1 2002 the tax rate shall be five and two tenths percent (5.20%) percent (5%).
SECTION 2. This article shall take effect upon passage.
Respectfully submitted,
MARC A. COTE
Senator, District 31
Senators Lenihan, Celona, Walaska, Kelly and Graziano discuss the amendment.
The motion to amend fails of passage upon a roll call vote with 10 Senators voting in the affirmative and 35 Senators voting in the negative as follows:
YEAS - 10; Senators Celona, Cote, Donelan, Graziano, Issa, Montalbano, Oster, Palazzo, Parella, Walaska.
NAYS - 35: Senators Algiere, Alves, Badeau, Bates, Caprio, Cicilline, Coderre, Connors, Damiani, Enos, Fogarty, Gibbs, Goodwin, Irons, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Nygaard, O'Leary, Paiva Weed, Patterson, Perry, Polisena, Raptakis, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walsh, Walton.
Senator Donelan, seconded by Senators Walaska and McCaffrey, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(98-H 8478) (Substitute "A" as amended)
Mr. President:
I hereby move to amend (98-H 8478) (Substitute "A" as amended) entitled "AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 1999", as follows:
1. Article 34, page 1, line 12 after the heading "Article 34," by deleting the current words and figure "five hundred thousand dollars ($500,000)" and inserting in place thereof the words and figure "one million dollars ($1,000,000)";
2. Article 34, page 2, line 1, by deleting the words "two hundred and seventy five thousand dollars" and inserting in place thereof the words "one million dollars";
3. Article 34, page 2, line 2, by deleting the figure "($275,000)" and inserting in place thereof the figure "($1,000,000)".
Respectfully submitted,
JAMES M. DONELAN
Senator, District 15
Senators McCaffrey, Roberts and Donelan discuss the amendment.
The motion to amend fails of passage upon a roll call vote with 15 Senators voting in the affirmative and26 Senators voting in the negative as follows:
YEAS - 15: Senators Alves, Caprio, Celona, Cote, Doneian, Flynn, Graziano, Issa, Kells, McCaffrey, Montalbano Palazzo, Patterson, Raptakis, Walaska.
NAYS 26: Senators Badeau, Bates, Cicilline, Coderre, Connors, Damiani, Enos, Fogarty, Goodwin, Irons, Izzo, Kelly, Lenihan, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Perry, Polisena, Roberts, Sasso, Sosnowski, Tavares, Walsh, Walton.
Senator Montalbano, seconded by Senators Walaska, Alves, Graziano, Caprio, Celona and others, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(98-H 8478) (Substitute A as amended)
Mr. President:
I hereby move to amend (98-H 8478) (Substitute "A" as amended) entitled "AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 1999", as follows:
By adding the following new article to be given the next available article number:
ARTICLE___
SECTION 1. Section 35-3-5 of the General Laws in Chapter 35-3 entitled "State Budget" is hereby amended to read as follows:
35-3-5. ESTIMATES FOR LEGISLATURE AND JUDICIARY. Itemized estimates of the financial needs of the legislature and of the judiciary shall be submitted by the budget officer to the governor on or before the first day of October for inclusion in the budget, with such recommendations by the governor as he or she may deem proper to submit to the general assembly. The budget officer shall provide copies to the House Fiscal Advisory and the Senate Fiscal Advisor.
SECTION 2. This article shall take effect upon passage.
Respectfully submitted,
JOSEPH A. MONTALBANO
Senator, District 37 Senators Graziano, Parella, Montalbano and Lenihan discuss the amendment.
The motion to amend fails of passage upon a roll call vote with 14 Senators voting in the affirmative and32 Senators voting in the negative as follows:
YEAS - 14: Senators Alves, Caprio, Celona, Donelan, Flynn, Gibbs, Graziano, Issa, McCaffrey, Montalbano, Oster, Palazzo, Raptakis, Walaska.
NAYS - 32: Senators Algiere, Badeau, Bates, Blais, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Fogarty, Goodwin, Irons, Izzo, Kells, Kelly, Lenihan, McDonald, Nygaard, O'Leary, Paiva Weed, Parella, Patterson, Perry, Polisena, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walton.
Senator Palazzo, seconded by Senators O'Leary, Montalbano and Graziano, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(98-H 8478) (Substitute "A" as amended)
Mr. President:
I hereby move to amend (98-H 8478) (Substitute "A" as amended) entitled "AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 1999", as follows:
By adding the following new article to be given the next available article number:
ARTICLE___
ADDITIONAL SCHOOL AID
- CITY OF CRANSTON
SECTION 1. Chapter 16-7 of the general laws entitled "Foundation Level School Support" is hereby amended by adding the following section.
16-7-20.8. ADDITIONAL SHARE TO THE CITY OF CRANSTON. - In addition to the sums received under this chapter the city of Cranston shall receive an additional $1,000,000 for the fiscal year 1998-1999 only.
SECTION 2. This article shall take effect July 1, 1998.
Respectfully submitted,
ROBERT J. PALAZZO
Senator, District 7
Senators Cicilline and Izzo discuss the amendment.
The motion to amend fails of passage upon a roll call vote with 9 Senators voting in the affirmative and 33 Senators voting in the negative as follows:
YEAS - 9: Senators Alves, Caprio, Graziano, McCaffrey, Montalbano, O'Leary, Palazzo, Raptakis, Roberts.
NAYS - 33: Senators Algiere, Badeau, Blais, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Irons, Irzo, Kells, Kelly, Lenihan, McDonald, Nygaard, Oster, Paiva Weed, Parella, Patterson, Perry, Polisena, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh.
Senator Palazzo, seconded by Senators Montalbano, Polisena and Graziano, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(98-H 8478) (Substitute "A" as amended)
Mr. President:
I hereby move to amend (98-H 8478) (Substitute "A" as amended) entitled "AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 1999", as follows:
By adding the following new article to be given the next available article number:
ARTICLE___
ADDITIONAL SCHOOL AID
TOWN OF JOHNSTON
SECTION 1. Chapter 16-7 of the general laws entitled "Foundation Level School Support" is hereby amended by adding the following section.
16-7-20.8. ADDITIONAL SHARE TO THE TOWN OF JOHNSTON. - In addition to the sums received under this chapter the city of Johnston shall receive an additional $1,000,000 for the fiscal year 1998-1999 only.
SECTION 2. This article shall take effect July 1, 1998.
Respectfully submitted,
ROBERT J. PALAzZO
Senator, District 7
Senator Cicilline discusses the amendment.
The motion to amend fails of passage upon a roll call vote with 7 Senators voting in the affirmative and34 Senators voting in the negative as follows:
YEAS - 7: Senators Caprio. Graziano, McCaffrey, Montalbano, Palazzo, Polisena, Raptakis.
NAYS - 34: Senators Algiere, Badeau, Bates, Blais, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Irons, Izzo, Kells, Kelly, Lenihan, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Patterson, Perry, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares,Walaska.
Senator Palazzo, seconded by Senators Montalbano, Caprio and Graziano, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(98-H 8478) (Substitute "A" as amended)
Mr. President:
I hereby move to amend (98-H 8478) (Substitute "A" as amended) entitled "AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 1999", as follows:
By adding the following new article to be given the next available article number:
ARTICLE___
ADDITIONAL SCHOOL AID
- CITY OF PROVIDENCE
SECTION 1. Chapter 16-7 of the general laws entitled "Foundation Level School Support" is hereby amended by adding the following section.
16-7-20.8. ADDITIONAL SHARE TO THE CITY OF PROVIDENCE. - In addition to the sums received under this chapter the city of Providence shall receive an additional $7,000,000 for the fiscal year 1998-1999 only.
SECTION 2. This article shall take effect July 1, 1998.
Respectfully submitted,
ROBERT J. PALAZZO
Senator, District 7
Senators Cicilline, Graziano, Palazzo, Goodwin, Fogarty, Irons, Roney and Kells discuss the amendment.
Upon suggestion of Senator Kelly, seconded by Senator Enos, the question is moved, upon a roll call vote with 36 Senators voting in the affirmative and 7 Senators voting in the negative as follows:
YEAS - 36: Senators Algiere, Badeau, Bates, Breene, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Nygaard, O'Leary, Paiva Weed, Parella, Patterson, Perry, Polisena, Raptakis, Ruggerio, Sasso, Sosnowski, Tavares, Walsh.
NAYS - 7: Senators Alves, Caprio, Donelan, Montalbano, Palazzo, Roney, Walaska.
The motion to amend fails of passage upon a roll call vote with 4 Senators voting in the affirmative and41 Senators voting in the negative as follows:
YEAS - 4: Senators Caprio, Gra':iano, Montalbano, Palazzo.
NAYS - 41: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Cicilline, Coderre, Connors, Cote, Damiani, Doneian, Enos, Flynn, Fogarty, Gibbs, Goodwin, Irons, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Patterson, Perry, Polisena, Raptakis, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh.
Senators Flynn and Lenihan discuss 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 49 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 49: 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, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palaz:':o, Parella, Patterson, Perry, Polisena, Raptakis, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.
NAYS -0.
TRANSMITTAL
By unanimous consent, (98-H 8478) (Substitute "A" as amended) An Act making appropriations for the support of the state for the fiscal year ending June 30, 1999, is ordered to be transmitted to His Excellency, the Governor forthwith.
Senator Lenihan extends his appreciation to the entire Senate fiscal staff for all their hard work over the last several months.
CALENDAR
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
Upon suggestion of Senator Enos, and without objection, ordered to be placed on the desk.
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.
Upon suggestion of Senator Enos, and without objection, ordered to be placed on the desk.
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.
Upon suggestion of Senator Enos, and without objection, ordered to be placed on the desk.
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".
Upon suggestion of Senator Enos, and without objection, ordered to be placed on the desk.
13. (98-H 8310 as amended) An Act relating to judicial selection.
Committee on Judiciary recommends passage as amended.
Upon suggestion of Senator Enos, and without objection, ordered to be placed on the desk.
14.(98-H 8330 as amended) An Act relating to criminal procedure - domestic abuse.
Committee on Judiciary recommends passage as amended in concurrence.
Upon suggestion of Senator Enos, and without objection, ordered to be placed on the desk.
25. (98-S 2077) 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 desk.
2. (98-H 7332) An Act relating to the town of Charlestown-
Juvenile Hearing Board.
Committee on Corporations recommends passage in concurrence.
Senator Walsh moves passage, seconded by Senators Irons, Kells, Sasso and others.
The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 42 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 42: Senators Algiere, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Izr:o, Kells, Kelly, Lenihan, McCaffrey, Montalbano, Nygaard, O'Leary, Oster, Palazzo, Parella, Patterson, Perry, Polisena, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.
NAYS -0.
3. (98-H 7361) An Act relating to town of Hopkinton - Juvenile Hearing Board.
Committee on Corporations recommends passage in concurrence.
Senator Walsh moves passage, seconded by Senators Celona, Sosnowski, Algiere and others.
The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 42 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 42: Senators Algiere, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Izzo, Kells, Lenihan, McCaffrey, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.
NAYS -0.
4. (98-H 7365) An Act relating to taxation -collection of taxes generally - municipal lien certificate.
Committee on Corporations recommends passage in concurrence.
Senator Walsh moves passage, seconded by Senators Sosnowski and Nygaard.
The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 38 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 38: Senators Algiere, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Izzo, Kells, Lenihan, McCaitrey, Montalbano, Nygaard, O'Leary, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Roberts, Ruggerio, Sasso, Sosnowski, Tavares, Walsh, Walton.
NAYS -0.
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.
Senator Irons moves passage, seconded by Senators Coderre, Polisena and Celona.
The bill marked Substitute "A" is read and passed, in concurrence, and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 40 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 40: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Izzo, Kells, Lenihan, McCaffrey, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska,Walton.
NAYS -0.
6. (98-H 7969) An Act relating to professional service corporations.
Committee on Corporations recommends passage in concurrence.
Senator Irons moves passage, seconded by Senators Polisena, Cote and Celona.
The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 43 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 43: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Fogarty, Gibbs, Goodwin, Gra:':iano, Irons, Iz":o, Kells, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.
NAYS -0.
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.
Senator Irons moves passage, seconded by Senators McBurney, Coderre and Perry.
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, Coderre, Connors, Cote, Damiani, Donelan, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Izzo, Kells, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.
NAYS -0.
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.
Senator Gibbs moves passage, seconded by Senator Nygaard.
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, Coderre, Connors, Cote, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Izzo, Kells, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palaz::o, Parella, Patterson, Perry, Polisena, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.
NAYS -0.
15. (98-S 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".
Senator Parella moves passage, seconded by Senators Nygaard, Ruggerio, Roberts 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 44 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 44: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Kells, Kelly, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Roberts Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh' Walton.
NAYS -0.
16. (98-S 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 top of the Calendar for Friday, June 26, 1998.
17. (98-H9161) 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 Friday, June 26, 1998.
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
Upon suggestion of Senator Paiva Weed, and without objection, ordered to be placed on the Calendar for Friday, June 26, 1998.
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.
Senator Breene moves passage, seconded by Senator Blais.
The act is read and passed, as amended, 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, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Ir:zo, Kells, Kelly, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Palarzo, Parella, Patterson, Perry, Polisena, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.
NAYS -0.
20. (98-H 8221) An Act relating to business and professions manicurist.
Committee on Corporations recommends passage in concurrence.
Upon suggestion of Senator Irons, and without objection, ordered to be placed on the Calendar for Friday, June 26, 1998.
21. (98-H 7436) An Act relating to public utilities and carriers-
motor passenger carriers.
Committee on Corporations recommends passage in concurrence.
Senator Irons moves passage, seconded by Senator Blais.
The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 42 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 42: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Flynn, Fogarty, Goodwin, Graziano, Irons, Izzo, Kells, Kelly, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Palazzo, Parella, Patterson, Perry, Polisena, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
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.
Upon suggestion of Senator Irons, and without objection, ordered to be placed on the Calendar for Friday, June 26, 1998.
23. (98-H 9117) An Act relating to businesses
and professions - real estate appraiser certification act.
Committee on Corporations recommends passage in concurrence.
Senator Irons moves passage, seconded by Senators Blais and Polisena.
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, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Izzo, Kells, Kelly, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.
NAYS -0.
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.
Senator Fogarty moves passage, seconded by Senator Polisena.
Senators Graziano and Fogarty discuss the act.
The act is read and passed, as amended, in concurrence, by unanimous consent, upon a roll call vote with 43 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS 43: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Izzo, Kells, Kelly, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Paiva Weed, Palazzo, Parella, Perry, Polisena, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.
NAYS -0.
NEW BUSINESS
Senators Irons, Bates and Polisena present (98-S 3226) Senate Resolution proclaiming April 20-24, 1998 to be Life Insurance Week in Rhode Island.
Senator Irons requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Irons, seconded by the entire Senate, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.
Senators Irons, Kelly, Enos, Bates, Algiere and others present (98-S 3227) Senate Resolution creating a special Senate commission to study transportation financing in Rhode Island.
Senator Irons requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Irons, seconded by the entire Senate, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.
Senators Kelly and Algiere present (98-S 3228) Senate Resolution extending condolences.
Senator Kelly requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Kelly, seconded by Senator Algiere, and by unanimous consent, read and passed, under suspension of the rules, upon a rising vote.
TRANSMITTAL
By unanimous consent, all Senate matters and (98-H 7363) (Substitute "A" as amended) on the Clerk's desk are ordered to be transmitted to His Excellency, the Governor or to the Honorable House of Representatives forthwith.
GUESTS
Upon suggestion of Senators Enos and Kelly, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the Honorable Edward Lawrence, former State Senator from Warwick.
Upon suggestion of Senators Tavares, Irons and Kelly and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the Honorable William A. Castro, former State Senator from East Providence.
Upon suggestion of Senators Tavares and Irons, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Octavio Cunha of East Providence.
FROM THE
HOUSE OF REPRESENTATIVES
A message from the House of Representatives transmits with announcement of passage:
(98-S 2122 as amended) An Act relating to education.
Read and ordered to be placed on the Calendar.
Also:
(98-S 2411) (Substitute "A") An Act relating to motor and other vehicles operators and chauffeurs' licenses.
Read and ordered to be placed on the Calendar.
Also:
(98-S 2451) (Substitute "A" as amended) An Act relating to insurance - single license procedure act.
Read and ordered to be placed on the Calendar.
Also:
(98-S 2768 as amended) An Act relating to health and safety long term health care goal and values.
Read and ordered to be placed on the Calendar.
ANNOUNCEMENTS
Senator Irons 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 Goodwin announces that the Committee on Special Legislation will meet on Friday, June 26, 1998, at 3:30 o'clock P.M. in the Senate Lounge of the State House.
Also:
Senator Kelly announces that the Senate will meet tomorrow at 4:00 o'clock P.M.
ADJOURNMENT
Upon motion of Senator Kelly, seconded by Senator Algiere, the Senate adjourns at 3:49 o'clock P.M.
RAYMOND T. HOYAS, JR.
Clerk of the Senate
Appendix
INVOCATION
SENATOR THOMAS R. CODERRE
Today we thank you, Lord, for the opportunity to serve the people of our state, and therefor, serve you. As we express our gratitude for serving in the Senate, let us also remember our good fortune in having family and friends who share our lives. Amen.
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-S 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.
4. (98-S 2975) An Act relating to local taxes
- town of Narragansett.
Ordered on the Calendar.
5. (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.
6. (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
7. (98-H 8221) An Act relating to business and professions-
manicurist.
Committee on Corporations recommends passage in concurrence.
8. (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.
9. (98-H 7781) An Act relating to taxation -motor vehicles-
alternative fueled vehicle incentive.
Committee on Finance recommends passage in concurrence.
10. (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.
11. (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.
12. (98-H 7117) An Act relating to motor and other vehicles-
special stops required.
Committee on Judiciary recommends passage in concurrence.
13.
(98-H 7273 as amended) An Act relating to solemnization of marriages.
Committee on Judiciary recommends passage as amended in concurrence.
14. (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 in concurrence.
15. (98-H 7556) An Act relating to divorce and separation-
child support.
Committee on Judiciary recommends passage in concurrence.
16. (98-H 7657) An Act relating to criminal offenses mandatory community restitution.
Committee on Judiciary recommends passage in concurrence.
17. (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.
18. (98-H 7894) An Act relating to motor vehicles - motor vehicles reparations act.
Committee on Judiciary recommend passage in concurrence.
19. (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.
20. (98-H 7219) (Substitute "A") An Act relating to military affairs and defense - burial of veterans.
Ordered on the Calendar for passage of Substitute "A" in concurrence.
21. (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.
22. (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.
23. (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.
24. (98-H 7999) An Act relating to holidays.
Ordered on the Calendar for passage in concurrence.
25. (98-H 8001) An Act relating to military affairs and defense.
Ordered on the Calendar for passage in concurrence.
26. (98-H 8145) An Act relating to Rhode Island Veteran's Home.
Ordered on the Calendar for passage in concurrence.
27. (98-H 8217 as amended) An Act relating to motor vehicle inspections - security alarm.
Ordered on the Calendar for passage as amended in concurrence.
28. (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.
29. (98-H 8291) An Act relating to water projects revolving loan fund.
Ordered on the Calendar for passage in concurrence.
30. (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.
31. (98-H 8634) (Substitute "A") An Act relating to days of special observance.
Ordered on the Calendar for passage of Substitute "A" in concurrence.
32. (98-H 8635) An Act relating to holidays.
Ordered on the Calendar for passage in concurrence.
33. (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.
34. (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.
Appendix
CALENDAR
In order for Tuesday, June 30, 1998:
1. (98-S 2122 as amended) An Act relating to education.
Ordered on the Calendar for passage as amended in concurrence.
2. (98-S 2411) (Substitute "A") An Act relating to motor and other vehicles - operators' and chauffeurs' licenses.
Ordered on the Calendar for passage of Substitute "A" in concurrence.
3. (98-S 2451) (Substitute "A" as amended) An Act relating to insurance - single license procedure act.
Ordered on the Calendar for passage of Substitute "A" as amended in concurrence.
4. (98-S 2768 as amended) An Act relating to health and safety-
long term health care goal and values.
Ordered on the Calendar for passage of as amended in concurrence.
RAYMOND T. HOYAS, JR.
Clerk of the Senate
Thursday, June 25, 1998
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