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. 71 |
Monday, June 29, 1998 |
Seventy-first Day |
The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Bernard A. Jackvony, at 3:45 o'clock P.M.
The roll is called and a quorum is declared present with 48 Senators present and 2 Senators absent as follows:
PRESENT - 48; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, ~onelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena' Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.
ABSENT - 2; Senators Blais, Kells.
INVOCATION
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Roberts, to deliver the invocation.
(See Appendix for Invocation)
PLEDGE OF ALLEGIANCE TO THE FLAG
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Roberts, to lead the Senate in the pledge of allegiance to the flag.
APPROVAL OF RECORD
The Senate Journal of Friday, June 26, 1998 proceedings is read in part.
Upon suggestion of Senator Kelly and by unanimous consent, further reading of the Journal is dispensed with and the Journal approved as recorded.
GUESTS
Upon suggestion of Senators O'Leary and Sasso, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Hannah Gallo of Cranston, candidate for State Senate in District 12.
Upon suggestion of Senator Oster, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Brad Andrews of Lincoln.
Upon suggestion of Senator Patterson, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Valentina Barbesta of North Kingstown who will be serving as an intern this year.
REPORTS OF COMMITTEE
COMMITTEE ON CORPORATIONS
Senator Irons, from the Committee on Corporations, reports back, with recommendation of passage of the following measures:
(98-H 8063) (Substitute "B") Joint Resolution creating a special legislative commission to study utilization review of mental health providers.
Read and ordered to be placed on the Consent Calendar.
(98-H 8793) (Substitute "B" as amended) Joint Resolution creating a special legislative commission to study the prosthetic device delivery system.
Read and ordered to be placed on the Consent Calendar.
(98-H 9144) (Substitute "A") Joint Resolution creating a special legislative commision to study development impact fees in the state of Rhode Island.
Read and ordered to be placed on the Consent Calendar.
(98-S 2695) (Substitute "A") Senate Resolution
creating a special Senate Commission to study the Rhode Island cable television industry and all matters relating thereto.
Read and ordered to be placed on the Consent Calendar.
(98-S 3182) An Act authorizing the city of East Providence to finance the construction and installation of sanitary sewers and connector utilities in the city including the issue of not more than $1,208,000 bonds therefor.
Read and ordered to be placed on the Calendar.
(98-S 3183) An Act authorizing the city of East Providence to finance the construction of an addition to the East Providence High School and the construction of improvements and the acquisition of equipment for various schools in the city including the issue of not more than $5,097,000 bonds therefor.
Read and ordered to be placed on the Calendar.
(98-S 3184) An Act authorizing the city of East Providence to finance the construction of sanitary sewers, the construction of storm drainage and electrical improvement to various buildings in the city and the acquisition and installation of a geographic information system and to issue not more than $6,175,000 bonds therefor.
Read and ordered to be placed on the Calendar.
(98-S 3185) An Act authorizing the city of East Providence to finance the construction and equipping of a fire station, the construction and equipping of an addtion to the police station and a garage storage building for the police department and the acquisition $1,685,000 bonds therefor.
Read and ordered to be placed on the Calendar.
(98-S 3186) An Act authorizing the city of East Providence to finance the aquisition, construction and equipping of a recreation center, athletic fields and other recreational facilities in the city and development of plans with respect to the acquisition and development than $925,000 bonds therefor.
Read and ordered to be placed on the Calendar.
(98-S 3223) An Act authorizing the town of East Greenwich to finance the construction, equipping and furnishing of a community center and/or in addition to the high school and to issue bonds and/or notes in an amountnototexceed$6 million therefor.
Read and ordered to be placed on the Calendar.
(98-S 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 ordered to be placed on the Calendar.
(98-H 7300) An Act relating to the Westerly Fire District.
Read and ordered to be placed on the Calendar.
(98-H 7977 as amended) An Act relating to public utilities and carriers duties of utilities and carriers.
Read and ordered to be placed on the Calendar.
(98-H 8023) An Act relating to municipal firemen - incentive pay.
Read and ordered to be placed on the Calendar.
(98-H 8024) (Substitute "A") An Act relating to insurance drug coverage.
Read and ordered to be placed on the Calendar.
(98-H 8055) An Act relating to businesses and professions.
Read and ordered to be placed on the Calendar.
(98-H 8301) An Act relating to Rhode Island nonprofit corporations.
Read and ordered to be placed on the Calendar.
(98-H 8917) (Substitute "A") An Act relating to the Harrisville Fire District.
Read and ordered to be placed on the Calendar.
(98-H 9180) An Act relating to public utilities commission.
Read and ordered to be placed on the Calendar.
(98-H 9217) An Act authorizing the city of Warwick to issue bonds and notes in an amount not to exceed $3,000,000 for recreation and open space purposes.
Read and ordered to be placed on the Calendar.
(98-H 9220) An Act relating to OaklandMapleville Number 4 Fire District.
Read and ordered to be placed on the Calendar.
(98-H 9222) An Act revising the charter of the city of Warwick, and in amendment of chapter 1852 of Public Laws, 1931, entitled "An Act to establish the City of Warwick," as amended.
Read and ordered to be placed on the Calendar.
(98-H 7590) (Substitute "A" as amended) An Act relating to insurance coverage genetic testing.
Read and ordered to be placed on the Calendar.
NEW BUSINESS
Senators Izzo, Connors, Perry, Gibbs, Goodwin and others present (98-S 3236) Senate Resolution creating a special Senate Commission to study and make recommendations concerning regulation changes governing the availability of insurance coverage for property owners in the event of lead poisoning claims, while creating incentives for property owners to reduce environmental lead hazards.
Senator Izzo requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Izzo, seconded by Senators Connors, Perry, Gibbs, Goodwin and others, and by unanimouse consent, read and passed, under the suspension of the rules, 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, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Flynn, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Palazzo, Parella, Patterson, Perry Polisena, Roberts, Roney, Ruggerio, Sasso, Sosnowski' Walaska, Walsh, Walton.
NAYS -0.
CONSENT CALENDAR
In order for the day is taken up as follows:
Upon motion of Senator Kelly, seconded by Senator Algiere, the following appointments and measures on today's Consent Calendar, by unanimous consent, are read and passed upon a voice vote:
1. Appointment of Dennis Langley of Providence VICE Gwen Andrade Aponte to the Narragansett Bay Commission for a term expiring April 1, 2001.
2. Reappointment of William P. Rampone of Providence to the Narragansett Bay Commission for a term expiring April 1, 1999.
3. Appointment of Robert E. DeBlois, Jr., of Warwick (representing Rhode Island Builders Association) VICE Daniel G. Paquette (resigned) to the State Building Codes Standards Committee for a term expiring May 1, 1999.
4. (98-S 3180) (Substitute "A") Senate Resolution creating a special Senate commission to study the improvement of the recyclability and/or increase in the recyclable content of high density polyethylene (HDPE) containers used for packaging milk, juice or water.
5. (98-S 3198) Senate Resolution creating a special Senate commission to study methods of increasing the fish stock along the eastern seaboard.
6. (98-S 3220) Senate Resolution respectfully requesting the Director of the Department of Transportation to construct a "flyover" to provide access to the Wampanoag Trail for motorists traveling north from Forbes Street.
7. (98-H 7380) Joint Resolution creating a special legislative commission to study alternative funding sources for the Rhode Island Crime Victim Compensation Program and to make recommendations therefor.
8. (98-H 8895) Joint Resolution memorializing Congress to amend Title Ten, United States Code relating to the compensation of retired military.
9. (98-H 7593) Joint Resolution creating a special legislative commission to study the feasibility of allowing unionized classified employees at all higher education institutions to be able to negotiate directly with Rhode Island Board of Governors.
10. (98-H 9119) Joint Resolution memorializing the President of the United States and the Congress of the United States to name the Department of Justice Building on Pennsylvania Avenue in the District of Columbia, the Robert Francis Kennedy Building.
11. (98-H 9188) Joint Resolution reinstating the life of and extending the reporting and expiration dates of the special legislative commission to review, revise and update laws relating to the administration of retail liquor licenses.
12. (98-H 7387) Joint Resolution reinstating the life of and extending the reporting and expiration dates of the special legislative commission to develop and coordinate state policy concerning RIte Care and to make recommendations concerning all issues related to RIte Care.
13. (98-S 3197) Joint Resolution creating a special legislative commission to study the area of criminal injuries compensation.
14. (98-H 9230) An Act to vacate the forfeiture or revocation of the charter of Our Place - Shop for Men, Inc.
CALENDAR
In order for the day is taken up as follows:
31. (98-H 7745) (Substitute "B") An Act relating to statutes and statutory construction.
Committee on Judiciary recommends indefinite postponement of the original bill and the bill marked Substitute "A" and passage of Substitute B
Upon suggestion of Senator Enos, and without objection, ordered to be placed at the bottom of the Calendar.
33. (98-H 7117) An Act relating to motor and other vehicles-
special stops required.
Committee on Judiciary recommends passage in concurrence.
Upon suggestion of Senator Enos, and without objection, ordered to be placed at the bottom of the Calendar.
34. (98-H 7273 as amended) An Act relating to solemnization of marriages.
Committee on Judiciary recommends passage as amended in concurrence.
Upon suggestion of Senator Enos, and without objection, ordered to be placed at the bottom of the Calendar.
35. (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.
Upon suggestion of Senator Enos, and without objection, ordered to be placed at the bottom of the Calendar.
36. (98-H 7556) An Act relating to divorce and separation-
child support.
Committee on Judiciary recommends passage in concurrence.
Upon suggestion of Senator Enos, and without objection, ordered to be placed at the bottom of the Calendar.
37. (98-H 7657) An Act relating to criminal offenses - mandatory community restitution.
Committee on Judiciary recommends passage in concurrence.
Upon suggestion of Senator Enos, and without objection, ordered to be placed at the bottom of the Calendar.
38. (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".
Upon suggestion of Senator Enos, and without objection, ordered to be placed at the bottom of the Calendar.
39. (98-H 7894) An Act relating to motor vehicles - motor vehicles reparations act.
Committee on Judiciary recommends passage in concurrence.
Upon suggestion of Senator Enos, and without objection, ordered to be placed at the bottom of the Calendar.
40. (98-H 7911) (Substitute "A" as amended) An Act relating to state aflairs and government - open meetings.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A" as amended in concurrence.
Upon suggestion of Senator Enos, and without objection, ordered to be placed at the bottom of the Calendar.
56. (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 at the bottom of the Calendar.
57. (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 at the bottom of the Calendar.
58. (98-H 7716) (Substitute "A") An Act relating to courts and civil procedure.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.
Upon suggestion of Senator Enos, and without objection, ordered to be placed at the bottom of the Calendar.
59. (98-H 7750) An Act relating to trusts for minors.
Committee on Judiciary recommends passage in concurrence.
Upon suggestion of Senator Enos, and without objection, ordered to be placed at the bottom of the Calendar.
60. (98-H 7801) An Act relating to confidentiality of health care communications and information act - limitations on and permitted disclosures.
Committee on Judiciary recommends passage in concurrence.
Upon suggestion of Senator Enos, and without objection, ordered to be placed at the bottom of the Calendar.
61. (98-H 7890) (Substitute "A" as amended) An Act relating to courts and civil procedure -courts.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.
Upon suggestion of Senator Enos, and without objection, ordered to be placed at the bottom of the Calendar.
63. (98-H 7901) (Substitute "B" as amended) An Act relating to the Department of Corrections.
Committee on Judiciary recommends indefinite postponement of the original bill and the bill marked Substitute "A" and passage of Substitute "B" as amended.
Upon suggestion of Senator Enos, and without objection, ordered to be placed at the bottom of the Calendar.
64. (98-H 7904) An Act relating to obsolete and no longer applicable statutes.
Committee on Judiciary recommends passage in concurrence.
Upon suggestion of Senator Enos, and without objection, ordered to be placed at the bottom of the Calendar.
65. (98-H 8018) (Substitute "A") An Act relating to the 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 at the bottom of the Calendar.
66. (98-H 8031) An Act relating to domestic violence prevention act.
Committee on Judiciary recommends passage in concurrence.
Upon suggestion of Senator Enos, and without objection, ordered to be placed at the bottom of the Calendar.
67. (98-H 8034) (Substitute "A") An Act relating to domestic violence.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.
Upon suggestion of Senator Enos, and without objection, ordered to be placed at the bottom of the Calendar.
68. (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 at the bottom of the Calendar.
69. (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 at the bottom of the Calendar.
72. (98-H 7646) An Act relating to alcoholic beverages - identification cards.
Committee on Special Legislation recommends passage in concurrence.
Upon suggestion of Senator Enos, and without objection, ordered to be placed at the bottom of the Calendar.
76. (98-H 8949) (Substitute "A") An Act relating to holidays and days of special observance.
Ordered on the Calendar for passage of Substitute"A".
Upon suggestion of Senator Enos, and without objection, ordered to be placed at the bottom of the Calendar.
77. (98-H 8987) (Substitute "A") An Act relating to public corporation debt management.
Ordered on the Calendar for passage of Substitute "A".
Upon suggestion of Senator Enos, and without objection, ordered to be placed at the bottom of the Calendar.
82. (98-H 7895) (Substitute "A") An Act relating to Family Court.
Ordered on the Calendar for passage of Substitute "A".
Upon suggestion of Senator Enos, and without objection, ordered to be placed at the bottom of the Calendar.
83. (98-H 9158) (Substitute "A" as amended) An Act relating to labor and labor relations -workers' compensation.
Committee on Labor recommends indefinite postponement of the original bill and passage of Substitute "A" as amended in concurrence.
Upon suggestion of Senator Enos, and without objection, ordered to be placed at the bottom of the Calendar.
1. (98-S2122 as amended) An Act relating to education.
Ordered on the Calendar for passage as amended in concurrence.
Senator Izzo moves passage, seconded by Senators Roberts and Gibbs.
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 Al~ere, Alves, Badeau, Bates, Breene Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani', DoneIan, Enos, Fogarty, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, I,enihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowsld, Tavares, Walaska, Walsh, Walton.
NAYS -0.
2. (98-S2411) (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.
Senator Roney moves passage, seconded by Senators Sasso, Polisena, Perry, Oster and others.
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 46 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 46; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DoneIan, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, Ienihan, 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.
3. (98-S2451) (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.
Senator Irons moves passage, seconded by Senator Alves, Bates, Gibbs and others.
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 44 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 44; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DoneIan, Enos, Fogarty, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Ieary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.
NAYS -0.
COMMUNICATION
His Honor, the Lieutenant Governor, presents the following communication:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER
STATEMENT OF POTENTIAL CONFLICT
To the Honorable Senate;
I, John A. Celona, holding the position of
Senator, District 36, hereby under oath depose and say;
1. Matters involving (98-S 2768) and (98-S 2255) are 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 the penalties of perjury this 29th day of June, 1998.
JOHN A. CELONA
Senator, District 36
Ordered to be placed on file.
CALENDAR
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.
Senator Enos moves passage, seconded by Senator Coderre and others.
The act is read and passed, as amended, 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, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DoneIan, Enos, Fogarty, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.
NAYS - 0-
6. (98-S 3195) An Act authorizing the town of North Smithfield to finance the construction of schools and school facilities (including demolition of existing schools and school facilities) and/or additions, renovations, improvements, alterations, and repairs and to finance the purchase of furnishings and equipment for schools and school facilities in the town by the issuance of not more than $32,465,000 bonds and/or notes therefor.
Committee on Corporations recommends passage.
Senator Kelly moves passage, seconded by Senators Cote, Enos, Damiani and Badeau.
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, Breene, Caprio, Celona, Cicilline, Coderre, Cote, Damiani, Doneian, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palaszo, Parella, Patterson, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.
NAYS -0.
8. (98-S 3203) An Act authorizing the city of Cranston to issue not more than $500,000 bonds and notes for the repair, renovation and equipping of public buildings throughout the city of Cranston (of which approximately $170,000 shall be for state mandated gasoline tank removal at the city highway garage).
Committee on Corporations recommends passage.
Senator Izzo moves passage, seconded by Senators Roberts and Palazzo.
The act is read and passed, 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, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DoneIan, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, 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.
9. (98-S 3204) An Act authorizing the city of Cranston to issue not more than $900,000 bonds and notes for the purchase and rehabilitation of equipment and the construction and rehabilitation of facilities for the police department of the city of Cranston ($524,500 of which shall be for the purchase and rehabilitation of equipment and $375,500 of which shall be for the construction and rehabilitation of facilities).
Committee on Corporations recommends passage.
Senator Sasso moves passage, seconded by Senators Izzo, Roberts and Palazzo.
The act is read and passed, 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, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DoneIan, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, 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,.
NAYS -0.
10. (98-S 3205) An Act authorizing the city of Cranston to issue not more than $700,000 bonds and notes for the purchase of public works and highway equipment (excluding automobiles) for a term not to exceed ten (10) years.
Committee on Corporations recommends passage.
Senator O'Leary moves passage, seconded by Senators Cicilline, Roberts, Izzo and Palazzo.
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, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DoneIan, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, 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.
11. (98-S 3206) An Act authorizing the city of Cranston to issue not more than $2,500,000 bonds and notes for the purchase and rehabilitation of equipment and building renovations, construction and rehabilitation for the fire department of the city of Cranston ($1,980,000 of which shall be for the purchase and rehabilitation of equipment for a term not to exceed ten (10) years, and $520,000 of which shall be for the building renovations, construction and rehabilitation for a term not to exceed thirty (30) years).
Committee on Corporations recommends passage.
Senator Sasso moves passage, seconded by Senators Izzo, Roberts, Palazzo and O'Leary.
The act is read and passed, 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, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DoneIan, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, 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.
12.
(98-S 3207) An Act authorizing the city of
Cranston to issue not more than $2,545,000 bonds and notes for renovation ofmechanical equipment improvements and repairing of school buildings in the city of Cranston.
Committee on Corporations recommends passage.
Senator Sasso moves passage, seconded by Senators Izzo, Roberts, O'Leary and Palazzo.
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, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani DoneIan, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons,' Issa, Izzo, Kelly, Lenihan, McCaffrey, McDonald, Montal. bano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.
NAYS -0.
13. (98-S 3208) An Act authorizing the city of Cranston to issue not more than $300,000 bonds and notes for the installation and repair of stormdrain facilities throughout the city of Cranston.
Committee on Corporations recommends passage.
Senator O'Leary moves passage, seconded by Senators Palazzo, Sasso and Izzo.
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, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DoneIan, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Revens, Roberts, Roney, Ruggerio,
Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.
NAYS -0.
14. (98-S 3209) An Act authorizing the city of Cranston to issue not more than $2,000,000 bonds and notes for the construction, rehabilitation and equipping of recreational facilities and neighborhood facilities throughout the city of Cranston, not less than $1,500,000 of which shall be for the rehabilitation of the Cranston Stadium.
Committee on Corporations recommends passage.
Senator Roberts moves passage.
The act is read and passed, 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, Bates, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DoneIan, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, Lenihan, McCaffrey, 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.
15. (98-S 3210) An Act authorizing the city of Cranston to issue not more than $2,000,000 bonds and notes for the repair, construction and rehabilitation of public highways throughout the city of Cranston.
Committee on Corporations recommends passage.
Senator Roberts moves passage, seconded by Senators Sasso, O'Leary, Palazzo and Izzo.
The act is read and passed, by unanimous consent, upon a roll call vote with 41 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 41; Senators Algiere, Alves, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DoneIan, Enos, Fogarty, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Patterson, Perry, Polisena, RaptaKis, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.
NAYS -0.
16. (98-S 3211) An Act authorizing the city of Cranston to issue not more than $5,975,000 bonds and notes for the construction and equipping of additional classrooms and building renovations at Cranston High School West.
Committee on Corporations recommends passage.
Senator Sasso moves passage, seconded by Senators Roberts, Izzo, O'Leary 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, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DoneIan, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, 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.
17. (98-S3202) An Act relating to elections.
Committee on Judiciary recommends passage.
Senator Enos moves passage, seconded by Senators Coderre, Damiani, Paiva Weed, McDonald and others.
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, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DoneIan, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, 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.
18. (98-S 3172) (Substitute "A" as amended) An Act relating to sports, racing, and athletics - the Rhode Island casino gambling disclosure and commission act.
Committee on Special Legislation recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.
Upon suggestion of Senator Enos, and without objection, ordered to be placed at the bottom of the Calendar.
7. (98-S 3201) An Act relating to the town of South Kingstown-
condemnation authority.
Committee on Corporations recommends passage.
Senator Sosnowski moves passage, seconded by Senator Irons, McDonald, Badeau, Cicilline and Walsh.
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, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DoneIan, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, Oster, Paiva Weed, Palazzo, Parella, Patterson, Peirv, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.
NAYS -0.
19. (98-S2738) An Act relating to waters and navigation - water pollution.
Ordered on the Calendar for passage in concurrence.
Senator Algiere moves passage, seconded by Senators Breene, Walsh and Cote.
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, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DoneIan, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Kelly, Lenihan, McCaffrey, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.
NAYS -0.
20. (98-S2853 as amended) An Act relating to scenic highways.
Ordered on the Calendar for passage as amended in concurrence.
Senator Algiere moves passage, seconded by Senators McDonald, Gibbs, Coderre, Patterson and others.
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, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DoneIan, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sasso, Sosnowski, Walaska, Walsh, Walton.
NAYS -0.
23. (98-S2383) (Substitute "B,,) An Act relating to education-
curriculum.
Ordered on the Calendar for passage of Substitute "B" in concurrence.
Senator Cicilline moves passage, seconded by Senator Polisena.
Senators Alves and Celona discuss the act.
The bill marked Substitute "B" is read and passed, in concurrence, and the original bill and the bill marked Substitute "A" indefinitely postponed, by unanimous consent, upon a roll call vote with 38 Senators voting in the affirmative and 8 Senators voting in the negative as follows:
YEAS - 38; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Cicilline, Coderre, Connors, Damiani, DoneIan, Enos, F ogarty, Gibbs, Goodwin, Irons, Issa, Iz20, Kelly, Lenihan, McBurney, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walton.
NAYS - 8 Senators Celona, Cote, Graziano, McCaffrey, Palazzo, Patterson, Walaska, Walsh.
24. (98-S2591) (Substitute "A") An Act relating to arbitration of school teacher disputes.
Ordered on the Calendar for passage of Substitute "A" in concurrence.
Senator Goodwin moves passage, seconded by Senators Enos, Connors, Badeau and others
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 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 45; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DoneIan, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Kelly, Lenihan, McBurney, 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.
25. (98-S 2716) (Substitute "A" as amended) An Act relating to education - establishing a right to a safe school for higher education.
Ordered on the Calendar for passage of Substitute "A" as amended in concurrence.
Senator Roberts moves passage, seconded by Senators Izzo, Coderre, Nygaard and others.
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 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 45; Senators Algiere, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DoneIan, Enos, Fogarty, Gibbs, Goodwin, Graziano, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Revens, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.
NAYS -0.
41. (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.
Senator Cote moves passage, seconded by SenatorsNygaard, Celona, Damiani, Irons, Oster, Walaska and others.
Senators Paiva Weed, Cote, Patterson and Graziano discuss the act.
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 46 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 46; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DoneIan, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izro, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Revens, Roberts, Honey, Ruggerio, Sasso, SosnowsKi, Tavares, Walaska, Walsh,
NAYS - 0.
42. (98-H 8001) An Act relating to military affairs and defense.
Ordered on the Calendar for passage in concurrence.
Senator Cote moves passage, seconded by Senators Nygaard, Parella, Palazzo and others.
Senator Parella discusses the act.
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, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DoneIan, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palarzo, Parella, Patterson, Perry, Polisena, Revens, Honey, Ruggerio, Sasso, Tavares, Walaska, Walsh.
NAYS -0.
43. (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.
Senator Irons moves passage, seconded by Senators Paiva Weed, Oster, Ruggerio and others.
The act is read and passed, as amended, 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 Alglere, Alves, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DoneIan, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Revens, Roberts, Ruggerio, Sasso, Tavares, Walaska, Walsh, Walton.
NAYS -0.
29.
(98-S 2462 as amended) An Act relating to
insurance.
Ordered on the Calendar for passage as amended in concurrence.
Senator Irons moves passage, seconded by Senators Polisena, Cote, Alves, Damiani, Graziano and others.
The act is read and passed, as amended, in concurrence, by unanimous consent, upon a roll call vote with 39 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 39; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Coderre, Connors, Cote, Damiani, Doneian, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, Lenihan, McCaffrey, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Revens, Ruggerio, Sasso, Tavares, Walaska, Walsh.
NAYS -0.
ANNOUNCEMENTS
Senator Irons announces that the Committee on Corporations will meet today at the recess of the Senate in Room 212 of the State House.
Also:
Senator Paiva Weed announces that the Committee on Judiciary will meet today at the recess of the Senate in Room 313 of the State House.
Also:
Senator Badeau announces that the Committee on Labor will meet on Tuesday, June 30, 1998, at the recess of the Senate in Room 212 of the State House.
TRANSMITTAL
By unanimous consent, all Senate matters, all House matters that have been amended by the Senate and all city and town matters on the Clerk's desk are ordered to be transmitted to His Excellency, the Governor or to the Honorable
House of Representatives forthwith.
NEW BUSINESS
Senators O'Leary, Roberts, Walaska, Cicilline, Izzo and others present (98-S 3233) Senate Resolution respectfully requesting that the Narragansett Bay Commission and other waste treatment plants which empty into the Narragansett Bay basin must inform harbor masters and local communities immediately of the dangers of using Narragansett Bay whenever a rainfall of one-half (1/2) inch or more occurs.
Senator O'Leary requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator O'Leary, seconded by Senators Damiani, Polisena, Roberts, Sasso and others, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.
Senators O'Leary, McDonald, Walaska, Roberts, Cicilline and others present (98-S 3234) Senate Resolution respectfully requesting the Department of Health to do studies to determine how much rainfall causes sewage overflow in Narragansett Bay to the point where swimming is endangered.
Senator O'Leary requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator O'Leary, seconded by Senators McDonald, Damiani, Polisena, Roberts, Sasso and others, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.
Senators Fogarty, Algiere, Coderre and Izzo present (98-S 3235) Senate Resolution creating a special Senate commission to study the transportation needs of senior citizens, persons with disabilities, and residents who are unable to use private automobiles in areas not serviced by the Rhode Island Public Transit Authority.
Senator Fogarty requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Fogarty, seconded by Senators Algiere, Celona, Roberts, McDonald, Walaska and others, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.
RECESS
Upon suggestion of Senate Kelly, and by unanimous consent, the Senate stands at recess at 4:41 o'clock P.M. until the call of the chair.
CALLED TO ORDER
The Senate is called to order at 6:12 o'clock P.M.
CALENDAR
30. (98-S2838 as amended) An Act relating to public utilities-
911 system.
Ordered on the Calendar for passage as amended in concurrence.
Senator Polisena moves passage, seconded by Senators Damiani, Coderre, Cicilline and others.
Senators Polisena and Lenihan discuss the act.
The act is read and passed, as amended, in concurrence, 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, Badeau, Bates, Breene, Caprio, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Walaska, Walsh, Walton.
NAYS -0.
44. (98-H 8494) (Substitute "A") An Act relating to the Greenville Water District.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.
Senator Irons moves passage, seconded by Senators Polisena, Damiani, Fogarty and Palazzo.
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 38 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 38; Senators Algiere, Alves, Bates, Breene, Caprio, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Kelly, McBurney, McCaffrey, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Walaska, Walsh, Walton.
NAYS -0.
45. (98-H 9014) An Act relating to towns and cities - general powers.
Committee on Corporations recommends passage in concurrence.
Senator Irons moves passage, seconded by Senators Bates, Fogarty and Polisena.
The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 35 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 35; Senators Algiere, Alves, Bates, Breene, Caprio, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Nygaard, O'Leary, Oster, Palazzo, Parella, Patterson, Perry, Polisena, Ruggerio, Sasso, Sosnowski, Walaslta, Walsh.
NAYS -0.
46. (98-H 9024) An Act relating to levy and assessment of local taxes in the town of Jamestown.
Committee on Corporations recommends passage in concurrence.
Senator Paiva Weed moves passage, seconded by Senators Irons and Cicilline.
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, Alves, Bates, Breene, Caprio, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Nygaard, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Walaska, Walsh, Walton.
NAYS -0.
47. (98-H 9197) An Act authorizing the city of Cranston to issue not more than $500,000 bonds and notes for the repair, renovation and equipping of public buildings throughout the city of Cranston of which approximately $1,700,000 shall be for state mandated gasoline tank removal at the city highway garage.
Committee on Corporations recommends passage in concurrence.
Senator Irons moves passage, seconded by Senators Roberts, O'Leary, Palazzo and Sasso.
The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 41 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 41; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Walaska, Walsh, Walton.
NAYS -0.
48. (98-H 9198) An Act authorizing the city of Cranston to issue not more than $2,545,000 bonds and notes for renovation, mechanical equipment improvements and repairing of school buildings in the city of Cranston.
Committee on Corporations recommends passage in concurrence.
Senator O'Leary moves passage, seconded by Senators Roberts, Palazzo and Sasso.
The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 41 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 41; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Walaska, Walsh, Walton.
NAYS -0.
49. (98-H 9199) An Act authorizing the city of Cranston to issue not more than $900,000 bonds and notes for the purchase and rehabilitation of equipment and the construction and rehabilitation of facilities for the police department of the city of Cranston ($524,500 of which shall be for the purchase and rehabilitation of equipment and $375,500 of which shall be for the construction and rehabilitation of facilities).
Committee on Corporations recommends passage in concurrence.
Senator O'Leary moves passage, seconded by Senators Roberts, Sasso and Palazzo.
The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 41 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 41; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Patterson, Perry Polisena, Roberts, Honey, Ruggerio, Sasso, Sosnowski', Walaska, Walsh, Walton.
NAYS -0.
50. (98-H 9200) An Act authorizing the city of Cranston to issue not more than $2,500,000 bonds and notes for the purchase and rehabilitation of equipment and building renovations, construction and rehabilitation for the fire department of the city of Cranston ($1,980,000 of which shall be for the purchase and rehabilitation of equipment for a term not to exceed ten (10) years, and $520,000 of which shall be for the building renovations, construction and rehabilitation for a term not to exceed thirty (30) years).
Committee on Corporations recommends passage in concurrence.
Senator Roberts moves passage, seconded by Senators O'Leary, Sasso and Palazzo.
The act is read and passed, in concurrence, 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, Badeau, Bates, Breene, Caprio, Cicilline, Coderre, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Patterson, Perry Polisena, Roberts, Honey, Ruggerio, Sasso, Sosnowski', Walaska, Walsh, Walton.
NAYS -0.
51. (98-H 9201) An Act authorizing the city of Cranston to issue not more than $700,000 bonds and notes for the purchase of public works and highway equipment (excluding automobiles) for a term not to exceed ten (10) years.
Committee on Corporations recommends passage in concurrence.
Senator Roberts moves passage, seconded by Senators O'Leary, Sasso and Palazzo.
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, Alves, Badeau, Bates, Caprio, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Fogarty, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Patterson, Perry, Polisena, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Walaslta, Walsh, Walton.
NAYS -0.
52. (98-H 9202) An Act authorizing the city of Cranston to issue not more than $300,000 bonds and notes for the installation and repair of storm drain facilities throughout the city of Cranston.
Committee on Corporations recommends passage in concurrence.
Senator O'Leary moves passage, seconded by Senators Roberts, Sasso and Palazzo.
The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 41 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 41; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Flynn, Fogartv. Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Patterson, Perry, Polisena, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Walaslta, Walsh, Walton.
NAYS -0.
53. (98-H 9203) An Act authorizing the city of Cranston to issue not more than $2,000,000 bonds and notes for the repair, construction and rehabilitation of public highways throughout the city of Cranston.
Committee on Corporations recommends passage in concurrence.
Senator Sasso moves passage, seconded by Senators Roberts, O'Leary, Izzo and Palazzo.
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 Alves, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Patterson, Perry, Polisena, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Walaska, Walsh, Walton.
NAYS -0.
54. (98-H 9204) An Act authorizing the city of Cranston to issue not more than $2,000,000 bonds and notes for the construction, rehabilitation and equipping of recreational facilities and neighborhood facilities throughout the city of Cranston, not less than $1,500,000 of which shall be for the rehabilitation of the Cranston Stadium.
Committee on Corporations recommends passage in concurrence.
Senator Palazzo moves passage, seconded by Senators O'Leary, Izzo, Sasso and Roberts.
The act is read and passed, in concurrence, 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, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Connors, Cote, Damiani, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Patterson, Perry, Polisena, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Walaska, Walsh, Walton.
NAYS -0.
55. (98-H 9205) An Act authorizing the city of Cranston to issue not more than $5,975,000 bonds and notes for the construction and equipping of additional classrooms and building renovations at Cranston High School West.
Committee on Corporations recommends passage in concurrence.
Senator Izzo moves passage, seconded by Senators O'Leary, Roberts, Sasso and Palazzo.
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, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Patterson, Perry, Polisena, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Walaska, Walsh, Walton.
NAYS -0.
62. (98-H 7898) An Act relating to alcoholic beverages identification cards.
Committee on Finance recommends passage in concurrence.
Senator Goodwin moves passage, seconded by Senators Enos, Connors, Damiani, Celona and Nygaard.
The act is read and passed, in concurrence, upon a roll call vote with 36 Senators voting in the affirmative and 3 Senators voting in the negative as follows;
YEAS - 36: Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izro, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Palazzo, Perry, Polisena, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Walton.
NAYS - 3; Senators Coderre, Patterson, Walsh.
70. (98-H 7913) An Act relating to motor vehicles.
Committee on Special Legislation recommends passage in concurrence.
Senator Goodwin moves passage, seconded by Senators Polisena and Bates.
The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 44 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 44; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Hoberts, Honey, Huggerio, Sasso, Sosnowski, Walaska, Walsh, Walton.
NAYS -0.
71. (98-H 8716) An Act relating to holidays and days of special observance.
Committee on Special Legislation recommends passage in concurrence.
Senator Connors moves passage, seconded by Senators Goodwin, Palazzo, Walsh, Alves, Damiani and others.
The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 44 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 44; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Walaska, Walsh, Walton.
NAYS -0.
73. (98-H 8967) An Act relating to days of special observance.
Committee on Special Legislation recommends passage in concurrence.
Senator Connors moves passage, seconded by Senators Goodwin, Walton and others.
The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 44 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 44; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Walaska, Walsh, Walton.
NAYS -0.
74. (98-H 7468 as amended) An Act relating to health and safety.
Joint Committee on Environment and Energy recommends passage as amended in concurrence.
Senator Walsh moves passage, seconded by Senators Oster, Sowsnowski and Patterson.
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, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Walaska, Walsh, Walton.
NAYS -0.
75. (98-II 7883) (Substitute "A" as amended) An Act relating to public utilities and carriers.
Joint Committee on Environment and Energy recommends indefinite postponement of the original bill and passage of Substitute "A" as amended in concurrence.
Senator Irons moves passage, seconded by Senators Polisena, Enos and Walsh.
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 43 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 43; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo Parella, Patterson, Perry, Polisena, Honey, Ruggerio, Sasso,' Sosnowski, Walaska, Walsh, Walton.
NAYS -0.
78. (98-H 8180) (Substitute "A") An Act relating to the municipal retirement system -transfer of credit and contribution.
Ordered on the Calendar for passage of Substitute "A" in concurrence.
Senator Gibbs moves passage, seconded by Senators Enos, Walsh, Breene and Nygaard.
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 39 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 39; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Enos, Flynn, Fogarty, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Walaska, Walsh, Walton.
NAYS -0.
79. (98-H 9191 as amended) An Act relating to employment security.
Ordered on the Calendar for passage as amended.
Upon suggestion of Senator Enos, and without objection, ordered to be placed at the bottom of the Calendar.
COMMUNICATION
His Honor, the Lieutenant Governor, presents the following communication:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER
STATEMENT OF POTENTIAL CONFLICT
To the Honorable Senate;
I, John A. Celona, holding the position of
Senator, District 36, hereby under oath depose and say;
1. A matter involving (98-H 7774) is presently before the Rhode Island Senate.
2. I have the following interest in the matter noted in paragraph 1 above;
I am a consultant with the Village at Elmhurst.
3. In compliance with Rhode Island General Laws Section 36-14-6(1), I hereby recuse from participating in the discussion of or taking official action relating to said matter. (This does not prohibit participation as a member of the public in an open meeting, pursuant to Commission Regulation 7003.)
Advisory opinion 98-59.
Signed under the penalties of perjury this 29th day of June, 1998.
JOHN A. CELONA
Senator, District 36
Ordered to be placed on file.
CALENDAR
80. (98-H 7774) (Substitute "A") An Act relating to human services - residential care and assisted living facilities.
Ordered on the Calendar for passage of Substitute "A" in concurrence.
Senator Lenihan moves passage, seconded by Senators Cicilline, Oster, Parella, Roberts and others.
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 42 Senators voting in the affirmative, 0 Senators voting in the negative and 1 Senator abstaining as follows:
YEAS - 42; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Honey, Ruggerio, Sasso, Sosnowski, Walaska, Walsh, Walton.
NAYS -0.
ABSTAINED - 1; Senator Celona.
81. (98-H 8190) (Substitute "A") An Act relating to towns and cities - retirement of municipal employees.
Ordered on the Calendar for passage of Substitute "A" in concurrence,
Senator Gibbs moves passage, seconded by Senators Bates and Nygaard.
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, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Connors, Cote, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Walaska, Walsh, Walton.
NAYS -0.
84. (98-H 7104) (Substitute "A") An Act relating to waters and navigation.
Ordered on the Calendar for passage of Substitute "A" in concurrence.
Senator Walsh moves passage, seconded by Senators Breene, Sosnowski, Cicilline and Walaska.
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 43 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 43; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Walaska, Walsh, Walton.
NAYS -0.
85. (98-H 7652) (Substitute "A" as amended) An Act relating to business and professions -pharmacy.
Ordered on the Calendar for passage of Substitute "A" as amended in concurrence.
Senator Enos moves passage, seconded by Senators Polisena, Ruggerio and Damiani.
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 44 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 44; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaar'l, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Walaska, Walsh, Walton.
NAYS -0.
5. (98-S 2815) (Substitute "A") An Act relating to the environment.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
Senator Fogarty moves passage, seconded by Senators Coderre, Paiva Weed, Kelly, Oster, Perry, Connors, Roberts, Gibbs, McDonald and others.
Senator Fogarty, seconded by Senators Cicilline, Polisena, Damiani, Irons and others, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(98-S 2815) (Substitute "A")
Mr. President:
I hereby move to amend (98-S 2815) (Substitute "A") entitled "AN ACT RELATING TO THE ENVIRONMENT", as follows:
On page 39, line 14, by deleting the word "district" and inserting in place thereof the word any
On page 40, line 15, by deleting the word "inspection" following the word administrative".
On page 49, line 17, by restoring the word "are" and deleting the words "may be".
On page 50, line 21, by inserting the language "which, if established for the purposes of supporting commercial fishing, shall remain within the control of the department unless otherwise authorized by law." after the word "facilities".
On page 51, line 15, by inserting the language "In the event that any member of the division of enforcement is deputized by any federal law enforcement agency, or by any enforcement agency of this state or its municipalities, such deputization shall be authorized only by the director or associate director, and shall be reported to the superintendent of state police;" after the word "director".
On page 77 between lines 25 and 26 by inserting the following new section:
"SECTION 15. Chapter 42-17.1 of the General Laws entitled "Department of Environmental Management" is hereby amended by adding thereto the following new section:
42-17.1-1.1. LEGISLATIVE PURPOSE AND DEPARTMENT ESTABLISHED.-
(a) The legislature hereby reaffirms and declares that, as set forth by Article 1, Section 17 of the Constitution of Rhode Island, it shall be the duty of the general assembly to provide for the conservation of the air, land, water, plant, animal, mineral, and other natural resources of the state, and to adopt all means necessary and proper by law to protect the natural environment of the people of the state by providing adequate resource planning for the control and regulation of the use of the natural resources of the state and for the preservation, regeneration and restoration of the natural environment of the state. In furtherance of this duty, it is in the best interest of the people of Rhode Island that the department of environmental management be established.
(b) There is hereby established within the executive branch of state government a department of environmental management. The head of the department shall be the director of environmental management, who shall be in the unclassified service and who shall be appointed by the governor, with the advice and consent of the senate, and shall serve at the pleasure of the governor."
On page 77, line 26, by deleting the number "15" and inserting in place thereof the number "16".
Respectfully submitted,
CHARLESJ.FOGARTY
Senator, District 27
Senators
Alves and Fogarty discuss the amendment.
The motion to amend prevails upon a roll call vote with 41 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 41; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Izzo, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Ruggerio, Sasso, Sosnowski, Walaska, Walsh, Walton.
NAYS -0.
Senators Sosnowski, Montalbano, Irons and Fogarty discuss the act.
Upon motion of Senator Fogarty, seconded by Senators Nygaard and Badeau, 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 44 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 44; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Grariano, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, McDonald Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo,' Parella, Patterson, Perry, Polisena, Roberts, Honey, Huggerio, Sasso, Sosnowski, Walaska, Walsh, Walton.
NAYS -0.
21. (98-S2089 as amended) An Act relating to insurance - temporary disability insurance.
Ordered on the Calendar for passage as amended in concurrence.
Senator Ruggerio moves passage, seconded by Senators Caprio, Celona, Goodwin and others.
The act is read and passed, as amended, 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, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Walaska, Walsh, Walton.
NAYS -0.
22. (98-S 2255 as amended) An Act relating to insurance - health maintenance organizations.
Ordered on the Calendar for passage as amended in concurrence.
Upon suggestion of Senator Breene, seconded by Senator Irons, ordered to be recommitted to the Committee on Corporations.
26. (98-S2840 as amended) An Act relating to businesses and professions.
Ordered on the Calendar for passage as amended in concurrence.
Senator Ruggerio moves passage, seconded by Senators Polisena, Graziano, Badeau and others.
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, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Roberts, Honey, Huggerio, Sasso, Sosnowski, Walaska, Walsh, Walton.
NAYS -0.
27. (98-S2131) (Substitute "A" as amended) An Act relating to motor vehicles registration fees.
Ordered on the Calendar for passage of Substitute "A" as amended in concurrence.
Senator McBurney moves passage, seconded by Senators Montalbano, Paiva Weed, Irons, Coderre and Graziano.
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 42 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 42; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Patterson, Perry, Polisena, Roberts, Honey, Huggerio, Sasso, Sosnowski, Walaska, Walsh, Walton.
NAYS -0.
28. (98-S2006) (Substitute "A" as amended) An Act relating to towns and cities - retirement of municipal employees.
Ordered on the Calendar for passage of Substitute "A" as amended in concurrence.
Senator Gibbs moves passage, seconded by Senators Irons, Paiva Weed and Nygaard.
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 40 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 40; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Paiva Weed, Palazzo, Parella, Patterson, Perry, Roberts, Honey, Huggerio, Sasso, Sosnowski, Walaska, Walsh, Walton.
NAYS -0.
32. (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.
Senator Irons moves passage, seconded by Senators Izzo and Alves.
Senator Irons, seconded by Senators Alves and Sasso, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(98-H 7120) (Substitute "A")
Mr. President:
I hereby move to amend (98-H 7120) (Substitute "A") entitled "AN ACT RELATING TO TOWNS AND CITIES LOW AND MODERATE INCOME HOUSING", as follows:
On page 4, lines 1 and 2, delete the following language "upon passage and shall be retroactive to January 1, 1996" and insert in lieu thereof "on July 1, 1998"
Respectfully submitted,
WILLIAM V. IRONS
Senator, District 39
The motion to amend prevails upon a roll call vote with 40 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 40; Senators Algiere, Alves, Bates, Breene, Caprio, Celona, Coderre, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Walaska, Walsh.
NAYS -0.
Upon motion of Senator Irons, seconded by Senators 5asso and Badeau, the bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, upon a roll call vote with 39 Senators Voting in the affirmative and 3 Senators voting in the negative as follows:
YEAS - 39; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Coderre, Connors, Cote, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, McBurney, McCaffrey, ontalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Roberts, Honey, Huggerio, Sasso, Sosnowski, Walaska.
NAYS - 3; Senators Cicilline, McDonald, Walton.
86. (98-H 7885) (Substitute "A" as amended) An Act relating to waters and navigation -Coastal Resources Management Council.
Ordered on the Calendar for passage of Substitute "A" as amended.
Upon suggestion of Senator Enos, seconded by Senator Goodwin, ordered to be recommitted to the Committee on Judiciary.
87. (98-H 8150 as amended) An Act relating to the Department of Environmental Management.
Ordered on the Calendar for passage as amended.
Upon suggestion of Senator Enos, seconded by Senator Goodwin, ordered to be recommitted to the Committee on Judiciary.
ANNOUNCEMENTS
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 Kelly announcs that the Senate will meet tomorrow at 3:00 o'clock P.M.
TRANSMITTAL
By unanimous consent, all Senate matters, all House matters that have been amended by the Senate and all city and town matters on the Clerk's desk are ordered to be transmitted to His Excellency, the Governor or to the Honorable House of Representatives forthwith.
DESK TO REMAIN OPEN
Upon suggestion of Senator Kelly, seconded by Senator Algiere, and without objection, the Desk will remain open upon adjournment, to receive committee reports and transmittals from the House of Representatives.
FROM THE
HOUSE OF REPRESENTATIVES
A message from the House of Representatives transmits with announcement of passage:
(98-H 7103) An Act relating to pharmaceutical assistance to the elderly.
Read and ordered to be placed on the Calendar.
Also:
(98-H 7440) (Substitute "A") An Act relating to human services-
residential care and assisted living facilities.
Read and ordered to be placed on the Calendar.
Also:
(98-H 7458 as amended) An Act relating to the Department of Elderly Affairs - family -caregiver network.
Read and ordered to be placed on the Calendar.
Also:
(98-H 7861) (Substitute "A" as amended) An Act relating to state affairs and government -Department of Environmental Management.
Read and referred to the Committee on Corporations.
Also:
(98-H 9178 as amended) An Act relating to the creation of a permanent commission regarding the financing of mobile homes in the state of Rhode Island with an emphasis on interest rates and insurance premiums.
Read and referred to the Committee on Corporations.
Also:
(98-H 7815) (Substitute "A") An Act relating to the Department of Human Services - Truancy Outreach Systems.
Read and referred to the Committee on Health, Education and Welfare.
Also:
(98-S 2613 as amended) An Act relating to sales and use taxes-
liability and computation -exemption.
Read and ordered to be placed on the Calendar.
Also:
(98-S3176) (Substitute "B" as amended) An Act entitled the Rhode Island Traffic Safety and Accountability Act of 1998.
Read and ordered to be placed on the Calendar.
REPORTS OF COMMITTEE
COMMITTEE ON JUDICIARY
Senator Paiva Weed, from the Committee on Judiciary, reports back the following measures, with recommendation of passage:
(98-S 2925) An Act relating to law enforcement officers' bill of rights.
Read and ordered to be placed on the Calendar.
(98-H 7647) (Substitute "A" as amended) An Act relating to health and safety - the State of Rhode Island Cancer Council, Inc.
Read and ordered to be placed on the Calendar.
(98-H 7888) (Substitute "B" as amended) An Act relating to public records.
Read and ordered to be placed on the Calendar.
ADJOURNMENT
Upon motion of Senator Kelly, seconded by Senator Algiere, the Senate adjourns at 7:02 o'clock P.M.
RAYMOND T. HOYAS, JR.
Clerk of the Senate
Appendix
INVOCATION
SENATOR ELIZABETH H. ROBERTS
To your servants in this chamber, Lord, grant us a sense of your presence, not only during this hurried moment of prayer, but throughout the entire day, especially as we deliberate and vote in behalf of our constituants. Enable us to make our judgments your judgments. Amen.
Appendix
CONSENT CALENDAR
In order for Tuesday, June 30, 1998:
1. (98-S 2695) (Substitute "A") Senate Resolution creating a special Senate Commission to study the Rhode Island cable television industry and all matters relating thereto.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".
2. (98-H 8063) (Substitute "A" as amended) Joint Resolution creating a special legislative commission to study utilization review of mental health providers.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A" as amended in concurrence.
3. (98-H 8793) (Substitute "B" as amended) Joint Resolution creating a special legislative commission to study the prosthetic device delivery system.
Committee on Corporations recommends indefinite postponement of the original bill and the bill marked Substitute "A" and passage of Substitute "B" as amended.
4. (98-H 9144) (Substitute "A") Joint Resolution creating a special legislative commision to study development impact fees in the state of Rhode Island.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.
Monday, June 29, 1998
RAYMOND T. HOYAS, JR.
Clerk of the Senate
Appendix
CALENDAR
In order for Tuesday, June 30, 1998:
1. (98-S 3182) An Act authorizing the city of East Providence to finance the construction and installation of sanitary sewers and connector utilities in the city including the issue of not more than $1,208,000 bonds therefor.
Committee on Corporations recommends passage.
2. (98-S 3183) An Act authorizing the city of East Providence to finance the construction of an in addition to the East Providence High School and the construction of improvements abns the acquisition of equipment for various schools in the city including the issue of not more than $5,097,000 bonds therefor.
Committee on Corporations recommends passage.
3. (98-S 3184) An Act authorizing the city of East Providence to finance the construction of sanitary sewers, the construction of storm drainage and electrical improvements and improvements to various buildings in the city and the acquisition and installation of a geographic information system and to issue not more than $6,175,000 bonds therefor.
Committee on Corporations recommends passage.
4. (98-S 3185) An Act authorizing the city of East Providence to finance the construction and equipping of a fire station, the construction and equipping of an addtion to the police station and a garage storage building for the police department and the acquisition....$1,685,000 bonds therefor.
Committee on Corporations recommends passage.
5. (98-S 3186) An Act authorizing the city of East Providence to finance the aquisition, construction and equipping of a recreational center, athletic fields and other recreational facilities in the city and development ofplans with respect to the aquisition and development... than $925,000 bonds therefor.
Committee on Corporations recommends passage.
6. (98-S 3223) An Act authorizing the town of East Greenwich to finance the construction, equipping and furnishing of a community center and/or an addition to the high school and to issue bonds and/or notes in an amount not ot exceed $6 million therefor.
Committee on Corporations recommends passage.
7. (98-S 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.
Committee on Corporations recommends passage.
8. (98-H 7300) An Act relating to the Westerly Fire District.
Committee on Corporations recommends passage in concurrence.
9. (98-H 7977 as amended) An Act relating to public utilities and carriers - duties of utilities and carriers.
Committee on Corporations recommends passage as amended in concurrence.
10. (98-H 8023) An Act relating to municipal firemen - incentive pay.
Committee on Corporations recommends passage in concurrence.
11. (98-H 8024) (Substitute "A") An Act relating to insurance-
drug coverage.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.
12. (98-H 8055) An Act relating to businesses and professions.
Committee on Corporations recommends passage in concurrence.
13. (98-H 8301) An Act relating to Rhode Island nonprofit corporations.
Committee on Corporations recommends passage in concurrence.
14. (98-H 8917) (Substitute "A") An Act relating to the Harrisville Fire District.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.
15. (98-H 9180) An Act relating to public utilities and commission.
Committee on Corporations recommends passage in concurrence.
16. (98-II 9217) An Act authorizing the city of Warwick to issue bonds and notes in an amount not to exceed $3,000,000 for recreation and open space purposes.
Committee on Corporations recommends passage in concurrence.
17. (98-H 9220) An Act relating to OaklandMapleville Number 4 Fire District.
Committee on Corporations recommends passage in concurrence.
18. (98-H 9222) An Act revising the charter of the city of Warwick, and in amendment of chapter 1852 of Public Laws, 1931, entitled "An Act to establish the City of Warwick," as amended.
Committee on Corporations recommends passage in concurrence.
19. (98-S 3172) (Substitute "A" as amended) An Act relating to sports, racing, and athletics - the Rhode Island casino gambling disclosure and commission act.
Committee on Special Legislation recommends indefinite postponement of the original bill and passage of Substitute A as amended.
20. (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
21. (98-H 7117) An Act relating to motor and other vehicles-
special stops required.
Committee on Judiciary recommends passage in concurrence.
22. (98-H 7273 as amended) An Act relating to solemnization of marriages.
Committee on Judiciary recommends passage as amended in concurrence.
23. (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.
24. (98-H 7556) An Act relating to divorce and separation child support.
Committee on Judiciary recommends passage in concurrence.
25. (98-H 7657) An Act relating to criminal offenses - mandatory community restitution.
Committee on Judiciary recommends passage in concurrence.
26. (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".
27. (98-H 7894) An Act relating to motor vehicles - motor vehicles reparations act.
Committee on Judiciary recommend passage in concurrence.
28. (98-H 7911) (Substitute "A" as amended) An Act relating to state affairs and government - open meetings.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A" as amended in concurrence.
29. (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" in concurrence.
30. (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.
31. (98-II 7716) (Substitute "A") An Act relating to courts and civil procedure.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.
32. (98-H 7750) An Act relating to trusts for minors.
Committee on Judiciary recommends passage in concurrence.
33. (98-H 7801) An Act relating to confidentiality of health care communications and information act - limitations on and permitted disclosures.
Committee on Judiciary recommends passage in concurrence.
34. (98-II 7890) (Substitute "A" as amended) An Act relating to courts and civil procedure -courts.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A" as amended in concurrence.
35. (98-H 7901) (Substitute "B" as amended) An Act relating to the Department of Corrections.
Committee on Judiciary recommends indefinite postponement of the original bill and the bill marked Substitute "A" and passage of Substitute "B" as amended in concurrence.
36. (98-H 7904) An Act relating to obsolete and no longer applicable statutes.
Committee on Judiciary recommends passage in concurrence.
37. (98-H 8018) (Substitute "A") An Act relating to the residential landlord and tenant act.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.
38. (98-H 8031) An Act relating to domestic violence prevention act.
Committee on Judiciary recommends passage in concurrence.
39. (98-H 8034) (Substitute "A") An Act relating to domestic violence.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.
40. (98-H 8310 as amended) An Act relating to judicial selection.
Committee on Judiciary recommends passage as amended in concurrence.
41. (98-II 8330 as amended) An Act relating to criminal procedure-
domestic abuse.
Committee on Judiciary recommends passage as amended in concurrence.
42. (98-II 7646) An Act relating to alcoholic beverages - identification cards.
Committee on Special Legislation recommends passage in concurrence.
43. (98-H 8949) (Substitute "A") An Act relating to holidays and days of special observance.
Ordered on the Calendar for passage of Substitute "A" in concurrence.
44. (98-H 8987) (Substitute "A") An Act relating to public corporation debt management.
Ordered on the Calendar for passage of Substitute "A" in concurrence.
45. (98-H 9191 as amended) An Act relating to employment security.
Ordered on the Calendar for passage as amended in concurrence.
46. (98-H 7895) (Substitute "A") An Act relating to Family Court.
Ordered on the Calendar for passage of Substitute "A" in concurrence.
47. (98-H 9158) (Substitute "A" as amended) An Act relating to labor and labor relations
workers' compensation.
Committee on Labor recommends indefinite postponement of the original bill and passage of Substitute "A" as amended in concurrence.
48. (98-H 7590) (Substitute "A" as amended) An Act relating to insurance coverage - genetic testing.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.
49. (98-H 7103) An Act relating to pharmaceutical assistance to the elderly.
Ordered on the Calendar for passage in concurrence.
50. (98-H 7440) (Substitute "A") An Act relating to human services - residential care and assisted living facilities.
Ordered on the Calendar for passage of Substitute "A" in concurrence.
51. (98-H 7458 as amended) An Act relating to the Department of Elderly Affairs family - caregiver network.
Ordered on the Calendar for passage as amended in concurrence.
52. (98-S2613 as amended) An Act relating to sales and use taxes - liability and computation - exemption.
Ordered on the Calendar for passage as amended in concurrence.
53. (98-S3176) (Substitute "B" as amended) An Act entitled the Rhode Island Traffic Safety and Accountability Act of 1998.
Ordered on the Calendar for passage of Substitute "B" as amended in concurrence.
54. (98-S2925) An Act relating to law enforcement officers' bill of rights.
Committee on Judiciary recommends passage.
55. (98-11 7647) (Substitute "A" as amended) An Act relating to health and safety - the State of Rhode Island Cancer Council, Inc.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A" as amended in concurrence.
56. (98-H 7888) (Substitute "B" as amended) An Act relating to public records.
Committee on Judiciary recommends indefinite postponement of the original bill and the bill marked Substitute "A" and passage of Substitute "B" as amended.
RAYMOND T. HOYAS, JR.
Clerk of the Senate
Monday, June 29, 1998
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