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. 73 |
Tuesday, July 14, 1998 |
Seventy-third Day |
The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Bernard A. Jackvony, at 4:03 o'clock P.M.
The roll is called and a quorum is declared present with 49 Senators present and 1 Senator absent as follows:
PRESENT - 49; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Doneian, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sos. nowski, Tavares, Walaska, Walton.
ABSENT - 1; Senator Walsh.
INVOCATION
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Polisena, to deliver the invocation.
(See Appendix for Invocation)
PLEDGE OF ALLEGIANCE TO THE FLAG
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Polisena, to lead the Senate in the pledge of allegiance to the flag.
GUESTS
Upon suggestion of Senator O'Leary and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Linda DiCecco of the Cranston Herald and her sons Daniel and David DiCecco.
COMMUNICATION
His Honor, the Lieutenant Governor, presents the following communications:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER
July 13, 1998
His Honor, Bernard A. Jackvony
Lieutenant Governor
115 State House
Providence, RI 02903
Dear Lt. Governor Jackvony:
I am writing to inform you that I will not be attending Senate Session of Tuesday, July 14, 1998, as I will be out of the state.
I request that this letter be included in the Senate Journal of July 14, 1998.
Sincerely,
DONNA M. WALSH
Senator, District 25
Charlestown, Westerly,
Richmond & Hopkinton
Received and ordered to be placed on file.
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER
STATEMENT OF POTENTIAL CONFLICT
I, John A. Celona, holding position of
Senator, District 36, herby under oath depose and say;
1. A matter involving (98.H 7440) 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 R.I. General Laws Section 36.14-6(1) I hereby recuse from participating in the discussion of ~r taking official action relating to said matter (This does not prohibit participation as a member of the public in an open meeting, pursuant to Commission Regulation 7003.)
Advisory Opinion No. 98-S 9.
JOHN A. CELONA
Senator, District 36
Signed under the penalties of perjury this 14th day of July, 1998.
Ordered to be placed on file.
NEW BUSINESS
Senators Tavares, Paiva Weed and Parella present (98-S 3241) Senate Resolution extending condolences on the passing of Sister Adelaide Canelas.
Senator Tavares requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Tavares, seconded by the entire Senate, and by unanimous consent, read and passed, under suspension of the rules, upon a rising vote.
CALENDAR
In order for the day is taken up as follows:
1. (98-S 2847) (Substitute "A" as amended) An Act relating to businesses and professions -oriental medicine.
Ordered on the Calendar for passage of Substitute "A" as amended in concurrence.
Senator Irons moves passage, seconded by Senators Enos, Coderre, Walton and Izzo.
Senators Gibbs and Graziano discuss the act.
The bill marked Substitute "A" is read and passed, as amended, in concurrence and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 44 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 44; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
2. (98-S2730) (Substitute "A") An Act relating to freshwater wetlands and septic systems.
Committee on Corporations recommends indefinite postponement of the original bill and passage of the bill marked Substitute "A".
Senator Irons moves passage, seconded by Senator Connors, Coderre, Bates, Gibbs, Nygaard, Sosnowski, Perry and others.
Senator Irons, seconded by Senator Bates, Sosnowski, Coderre and Connors, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(98-S 2730) (Substitute "A")
Mr. President:
I hereby move to amend (98-S 2730) (Substitute "A") entitled "AN ACT RELATING TO FRESHWATER WETLANDS", as follows:
On page 9, line 22, by adding thee word "solely" after the word "municipality".
Respectfully submitted,
WILLIAM V. IRONS
Senator, District 39
The motion to amend prevails upon a roll call vote with 42 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 42: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Damiani, Doneian, Enos, Flynn, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Ke1ls, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
Senators Patterson and Sasso discuss the act.
Upon motion of Senator Irons, seconded by Senators Coderre and Connors, read and passed as amended, by unanimous consent, upon a roll call vote with 43 Senators voting in the affirmative, 0 Senators voting in the negative and 1 Senator abstaining as follows:
YEAS - 43; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Damiani, Donelan, Enos, Flynn, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
ABSTAINED - 1; Senator Cote.
3. (98-S 2531) (Substitute "A") An Act relating to education-
urban after school programs.
Committee on Finance recommends indefinite postponement of the original bill and passage of the bill marked Substitute "A".
Senator Roberts moves passage, seconded by Senator Roney, Izzo, Parella and Cicilline.
The bill marked Substitute is read and passed, 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, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Flynn, Gibbs, Goodwin, Graziano, Issa, Izzo, Kells, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowsl:i, Tavares, Walaska, Walton.
NAYS -0.
5. (98-S 3179) An Act relating to taxation -Westerly arts district.
Committee on Finance recommends passage.
Senator Algiere moves passage, seconded by Senators Sosnowski, Gibbs, Coderre and Perry.
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, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowsl';i, Tavares, Walaska, Walsh, Walton.
NAYS -0.
6. (98-S 3215) An Act relating to sales tax -flea markets.
Committee on Finance recommends passage.
Senator Enos moves passage, seconded by Senators Codeme and Irons.
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, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Revens, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS - 0.
7. (98-S2821) (Substitute "A") An Act relating to small estates.
ordered on the Calendar for passage of Substitute "A" in concurrence.
Senator Roney moves passage, seconded by Senators McDonald and Oster.
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 44 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 44; Senators Algiere, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Revens, Roney, Ruggerio, Sasso, Sosnowsl;:i, Tavares, Walaska, Walton.
NAYS -o.
1
8. (98-S 2825 as amended) An Act relating to Family Court.
Ordered on the Calendar for passage, as amended, in concurrence.
Senator Roney moves passage, seconded by Senator Ruggerio 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, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Doneian, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Revens, Roney, Ruggerio, Sasso, Sosnowsl;;i, Tavares, Walaska, Walton.
NAYS -o.
9. (98-S 2746) An Act relating to state affairs and government-
Rhode Island Tourism and Development.
Committee on Special Legislation recommends passage.
Senator Paiva Weed moves passage, seconded by Senators Goodwin and Cicilline.
Senator Paiva Weed, seconded by Senator Cicilline, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(98-S 2746)
Mr. President:
I hereby move to amend (98-S 2746) entitled "AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT - RHODE ISLAND TOURISM AND DEVOLOPMENT", as follows:
1. On page 2, line 1, by deleting the words "Twenty-six percent (26%)" and insert in lieu thereof the words "Twenty-five percent (25%)".
2. On page 2, line 4, delete the entire sentence and insert in lieu thereof the following language "Twentyone (21%) of the hotel tax shall be deposited as general revenues.".
3. On ,,page 2, line 7, delete the words "upon passage and insert in lieu thereof the following: "July 1, 1999".
Respectfully submitted,
M. TERESA PAIVA WEED
Senator, District 49
The motion to amend prevails upon a roll call vote with 39 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 39; Senators Alves, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Issa, Izzo, Kells, Lenihan, McCaffrey, McDonald, Montalbano, O'Leary, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Revens, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
Senators Kells, Paiva Weed, Patterson, Blais and Donelan discuss the act.
Upon motion of Senator Paiva Weed, seconded by Senator Cicilline, read and passed, as amended, upon a roll call vote with 43 Senators voting in the affirmative and 2 Senators voting in the negative as follows:
YEAS - 43; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Paiva Weed, Palazzo, Parella, Perry, Polisena, Roberts, Roney, Ruggerio, Sasso, Sosnowsl':i, Tavares, Walaska, Walton.
NAYS - 2; Senators Patterson, Revens.
10. (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
Senator Paiva Weed moves passage, seconded by Senators Oster and McDonald.
The bill marked Substitute "B" is read and passed, and the original bill and the bill marked Substitute "A" indefinitely postponed, by unanimous consent, upon a roll call vote with 47 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 47; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, DoneIan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
34. (98-H 8987) (Substitute "A") An Act relating to public corporation debt management.
Ordered on the Calendar for passage of Substitute "A" in concurrence.
Senator Badeau moves passage, seconded by Senators Ruggerio 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 47 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 47; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowsl:i, Tavares, Walaska, Walton.
NAYS -0.
42. (98-H 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.
Senator Paiva Weed moves passage, seconded by Senators Polisena, Perry, Walton and Blais.
Senator Paiva Weed, seconded by Senators Polisena, McDonald, Enos, Coderre, Perry and others offers the following written motion to amend:
FLOOR AMENDMENT
TO
(98-H 7647) (Substitute "A" as amended)
Mr. President:
I hereby move to amend (98-H 7647) (Substitute "A" as amended) entitled "AN ACT RELATING TO HEALTH AND SAFETY - THE STATE OF RHODE ISLAND CANCER COUNCIL, INC.", as follows:
By deleting all of the language following the enactment clause and inserting in place thereof the following:
SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND GOVERNMENT" is hereby amended by adding thereto the following chapter:
CHAPTER 128
THE STATE OF RHODE ISLAND
CANCER COUNCIL, INC.
42-128-1. LEGISLATIVE FINDINGS.
The general assembly recognizes and declares that:
(1) the population of the State of Rhode Island has a demonstrated and hid mortality rate of cancer that requires that an effective, comprehensive and collaborative response be developed in a timely manner.
(2) the public health and safety of the people of the State of Rhode Island require an additional and coordinated commitment of public resources to meet this need, including but not limited to cancer treatment, care, research, prevention, detection and education.
(3) the State of Rhode Island currently has such resources which can be utilized in a comprehensive and coordinated manner to assist in the development of a statewide Cancer Plan which would make r~commendations regarding cancer treatment, care, research, prevention, detection and education,
(4) the Cancer Plan as developed would require a continuing mechanism to insure its effective facilitation throughout the State of Rhode Island.
(5) it is therefore necessary to create and appropriately fund a continuing and permanent organization, the Rhode Island Cancer Council, which would assist in the development of a Cancer Plan as well as facilitate discussion, interaction, and input among all current entities that are currently engaged in cancer treatment, care, research, prevention, detection, education and any related activities.
42-128-2. DEFINITIONS. - As used in this chapter:
(1) "Council" means the Rhode Island Cancer Council.
(2) "Plan" shall mean the Cancer Control Plan as developed, implemented and otherwise administered by the Rhode Island Cancer Council pursuant to the findings and the other provisions of this chapter.
42-128-3. SCOPE AND PURPOSE. - This chapter establishes the Rhode Island Cancer Council which in addition to powers and duties conferred pursuant to the provisions of this chapter shall be responsible for gathering available information concerning resources dedicated to cancer, care, research, prevention, detection, education and other related cancer resources, including but not limited to hospitals, hospital networks, health maintenance organizations, insurers, universities, colleges, treatment centers, other related facilities and personnel and all medical health care providers for the purpose of developing, and facilitating the "plan".
However, all information pertaining to patient care shall be disclosed only in conformance with the provision of Chapter 37 of Title 5 of the General Laws. In addition, nothing in this chapter shall be construed to allow the Rhode Island Cancer Council to control or direct the delivery of clinical cancer care or the development or direction of research by any hospital, university, medical school, health care provider or groups of providers or research program. In addition, the Cancer Council shall not direct or redirect any monies for or the private or public funding of clinical care or research, except for those funds directly solicited by or voluntarily transferred to the Rhode Island Cancer Council".
42-128-4. ESTABLISHMENT OF COUNCIL - (a) There is hereby created a public corporation of the state, having a distinct legal existence from the state and not constituting a department of the state government, with such politic and corporate powers as set forth in this chapter, to be known as the "State of Rhode Island Cancer Council, Inc." to carry out the provisions of this chapter. The corporation is hereby constituted a public instrumentality exercising public and essential governmental functions, and the exercise by the corporation of the powers conferred by this chapter shall be deemed and held to be the performance of an essential governmental function ofthe state. It is the intent ofthe general assembly by the passage of this chapter to authorize the incorporation of a public corporation and instrumentality of the state for the purpose of carrying on the activities hereinafter authorized, and to vest such corporation with all powers, authority, rights, privileges, and titles that may be necessary to enable it to accomplish such purposes. This chapter shall be liberally construed in conformity with the purpose expressed.
42-128-5. COMPOSITION OF COUNCIL.
- The Council shall consist of nine (9) members all of whom shall have recognized and documented experience, credentials, commitment and background in the areas of cancer care, which may be general or focused on one specific area of cancer care such as research, prevention, detection and/ or education: three (3) of whom shall be appointed by the speaker of the house: three (3) of whom shall be appointed by the senate majority leader; and, three (3) of whom shall be appointed by the governor. By lot, three (3) members shall serve for five (5) years, three (3) members shall serve for four (4) years and three (3) members shall serve for three (3) years. After the initial terms, Council members may be appointed to succeeding five-year terms by the appointing authority from a list of qualified candidates provided by the remaining Council members. Council members whose terms expire are eligible for reappointment. Any vacancy shall be filled by the appointing authority for the remaining unexpired term from a list of candidates provided by the remaining Council members.
42-128-6. QUALIFICATIONS OF COUNCIL MEMBERS. - (a) Members serving shall be individuals who are recognized authorities; and/or established leaders who have distinguished themselves through experience, knowledge, teaching, publication and/or learned in the fields of cancer prevention, detection, research, education, care and treatment and other cancer related issues related to public welfare,
(b) A person is not eligible for appointment as a member of the Council if the person or the person's spouse:
(1) owns or controls, directly or indirectly, more than a ten percent (10%) interest in a business entity or other organization receiving funds from the Council; or
(2) uses or receives a substantial amount of tangible goods, services, or funds from the Council, other than compensation or reimbursement authorized by law for Council membership, attendance, or expenses.
(c) A person who is required to register as a lobbyist under chapter 22-10 ofthe general laws because of the person's activities for compensation in or on behalf of a profession related to the operation of the Council may not serve as a member.
(d) Appointments to the Council shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
(e) It is a ground for removal from the Council if the member:
(1) does not have at the time of appointment the qualifications required in this section for appointment to the Council;
(2) does not maintain during the member's service on the Council the qualifications required by this section for appointment to the Council;
(3) violates a prohibition established by this section;
(4) in unable to discharge the member's duties for a substantial part of the term for which the member was appointed because of illness or disability; or
(5) is absent from more than half of the regularly scheduled meetings of the Council that the member is eligible to attend during each calendar year or is absent from more than two (2) consecutive regularly scheduled Council meetings that the member is eligible to attend, except when the absence is excused by a majority vote of the Council.
42-128-7. POWERS AND DUTIES OF COUNCIL. - (a) The Council shall:
(1) assist in the development and facilitation of the Plan;
(2) continually monitor and revise the Rhode Island Cancer Plan as necessary;
(3) promote and encourage the development and coordination of effective and efficient statewide public and private policies, programs, and services related to cancer treatment, care, research, prevention, detection and education;
(4) encourage cooperative, comprehensive, and complementary planning among the public, private, and volunteer sectors involved in cancer treatment, care, research, prevention, detection and education;and
(5) provide a written report to the governor and the general assembly not later than January 31 of each odd-numbered year;
(6) identify all cancer related activities in the state and develop and maintain an information network of resources within the state for the use of facilities by individuals involved in cancer care, research, prevention, detection and education;
(7) identify those areas of the cancer program in the state which could benefit from expansion and intensification to meet the needs of the people and recommend remedial actions which can best serve the people of the state;
(8) members of the Council shall not receive any compensation, however, they shall be reimbursed for any actual and necessary out-of-pocket expenses and/or expenditures pertaining to Council business;
(9) adopt the existing cancer control plan of the Department of Health and, as necessary, revise that plan in accordance with requirements and purposes of this chapter in consultation with the Department of Health; thereafter, the Council shall be responsible for the development, facilitation and administration of the Plan; thereafter the Council shall revise said plan, as appropriate to insure its effectiveness, at
least every three years from the date of its adoption.
(10) do all acts and things necessary or convenient to carry out the powers expressly granted in this chapter.
(11) appoint Commissions on cancer care, research, prevention, detection and education to assist the Council in programmatic evaluation relevant to each area. The chairperson of each commission shall be chosen from among the members of each commission. The chairperson shall serve for a term of two (2) years and shall participate in the deliberations of the Cancer Council at the invitation of the chairman of the Council.
(12) invite all interested public and private voluntary non- profit health related service and educational organizations related to cancer to join or otherwise participate in those cancer commissions relating to their mission.
(b) The Council may:
(1) appoint advisory committees necessary to implement the Rhode Island Cancer Plan and employ necessary staff to provide administrative support;
(2) monitor contracts and agreements for cancer programs authorized and funded exclusively by the Cancer Council.
(3) conduct necessary studies and surveys;
(4) accept, transfer, and allocate funds made directly available to the council by the federal, state and/or local government or by any other public or private source, subject to relevant limitations and conditions prescribed by the source of funds; and
(5) use the existing staff of an appointed official or a consenting agency to assist the Council in performing its duties under this chapter.
(6) develop and maintain an audio-visual and data network for statewide use for clinical care, research, and education. The Council shall encourage and facilitate individual, institutional and programmatic uses of the network, particularly to enhance statewide utilization of unique resources within the network;
(7) encourage the development and coordination of effective and efficient statewide public and private policies, programs, and services related to cancer;
(8) encourage cooperative, comprehensive and complimentary planning among the public, private, and volunteer sectors involved in cancer care, research, prevention, detection and education;
(9) identify and examine the limitations and problems associated with existing laws and regulations, related to cancer control;
(10) examine access to cancer control services for the citizens of the state and advise on a coordinated and efficient use of resources;
(11) identify and review health promotion and disease prevention strategies related to the leading causes of cancer mortality and morbidity;
(12) recommend standards for oversight and development of cancer control services, and development and maintenance of interagency training and technical assistance in the provision of cancer control services, program monitoring and data collection;
(13) receive such gifts, grants and donations as may be made by the federal government, the state or by private persons or groups or foundations or charities for the purposes of this chapter and disburse and administer them in accordance with the terms thereof;
(14) grant or loan funds to private and public groups, entities or individuals for purposes of cancer care, research, prevention, detection or education and distribute funds consistent with procedures allowed by law in the State of Rhode Island;
(15) adopt such bylaws for the regulation of its affairs and the conduct of its business as are consistent with the provisions of this chapter;
(16) employ such assistants, agents, and other employees as may be necessary or desirable for its purposes and to contract for and engage consultants.
42-128-8. GRANT PROGRAMS. - (a) If funds are available, the Council may establish a grant program to provide funds to public or private persons, or organizations or institutions to implement the Rhode Island Cancer Plan.
42-128-9. APPROPRIATIONS. - The General Assembly shall annually appropriate such sums as it may deem necessary to enable the Council to carry out its assigned purposes; and the State Controller is hereby authorized and directed to draw his or her orders upon the General Treasurer for the payment of such sums appropriated or so much thereof as may from time to time be required, on receipt by him or her of proper vouchers approved by the chairperson, or the executive director of the Council. The Auditor General shall perform an annual performance audit of the Council at the end of each fiscal year and shall report his findings and recommendations to the Speaker of the House of Representatives, the Majority and Minority Leaders of the House of Representatives, the Majority and Minority Leaders of the Senate and the Governor.
42-128-10. EXECUTIVE DIRECTOR
EMPLOYEES. - The Council shall appoint an executive director, who shall serve at the pleasure of the Council without a term of employment and not be subject to the provisions of Chapter 4, Title 36; and the Council shall set his or her compensation and terms of employment. The executive director, through a vote of a majority of the Council members, duly ppointed as provided herein, may be di egated to act as authorized agent for th approval of all fiscal and personnel docu= tents requiring an authorized signature. Th£ Council shall also cause to be employed su h staff and technical and professional c( nsultants as may be required to carry ou the powers and duties as provided in thi chapter. Neither the executive director tor any staff or technical or professi< 1(al consultants employed by the Council liaIl be employees of the State of Rhode Island.
SECTION 2. This act shaIl take effect upon passage.
Respectfully submitted,
M. TERESA PAIVA WEED
Senator, District 49
Senators Sasso, Paiva (eed, Donelan and Graziano discuss the amend ient.
Senator Blais, seconded y Senators Algiere and Paiva Weed, offers tl: following written motion to amend the amend: tent:
FLOOR AMENDMENT
TO
(98-H 7647) (Substitute as amended)
Mr. President:
I hereby move to amend (9 -H 7647) (Substitute "A" as amended) entitled ACT RELATING TO HEALTH AND SAFETY STATE OF RHODE ISLAND CANCEI COUNCIL, INC.", as follows:
On page 3, line 12, of the flc amendment coded "LC-04334", replace the wori "any" with "may".
On line 15, delete the dub icate phrase "three
(3) of whom shall be appo )ted by the Senate Majority Leader".
Respectfully submitted,
LEOR.BLAIS
Senator, District 21
The motion to amend the amendment prevails upon a roll call vote with 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 45; Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izro, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Revens, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
Senator Paiva Weed, seconded by Senator Enos moves the amendment as amended.
The motion to amend prevails upon a roll call vote with 40 Senators voting in the affirmative and 5 Senators voting in the negative as follows
YEAS - 40; Senators Algiere, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Flynn, Fogarty, Goodwin, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCafirey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Perry, Polisena, Revens, Honey, Ruggerio, Sosnowski, Tavares, Walaska, Walton.
NAYS - 5; Senators Alves, Graziano, Issa, Patterson, Sasso
Senator Paiva Weed, seconded by Senators Polisena and Parella offers the following written motion to amend:
FLOOR AMENDMENT
TO
(98-H 7647) (Substitute "B" as amended)
Mr. President:
I hereby move to amend (98-H 7647) (Substitute "B" as amended) enttitled "AN ACT RELATING TO HEALTH AND SAFETY THE STATE OF RHODE ISLAND CANCER COUNCIL, INC." as follows:
1. On page 3, line 2 11, after the word "members" insert the following language:
"chosen from the gene al public, with an attempt to include a cance,r survivor on the cancer council, and i: cluding but not exclusively."
2. On page 3, line 14 25, after the word" individuals" insert the following language:
"chosen from the gene al public, with an attempt to include a cane ,r survivor on the cancer council, and inclu ing but not exclusively, those".
Respectfully submitted,
M. TERESA PAIVA WEED
Senator, District 49
Senators Graziano and Paiva Weed discuss the amendment.
The motion to amend pre ails upon a roll call vote with 38 Senators votiz in the affirmative and 3 Senators voting in the negative as follows:
YEAS - 38; Senators Algiere, Be eau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre ~onnors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, 6 ~dwin, Irons, Izzo, Kells, Kelly, McCaffrey, McDonald, Mont \bano, Nygaard, O'Leary. Oster, Paiva Weed, Palazzo, Parel Perry, Polisena, Honey, Ruggerio, Sosnowski, Tavares, Wa ska, Walton.
NAYS - 3; Senators Graziano, tterson, Sasso.
Senators Polisena and Ce >na discuss the act.
Upon motion of Senator 3iva Weed, seconded by Senators Polisena, Dam 3ni, Tavares, McDonald, Enos, Caprio, Celona id Badeau, read and passed, as amended, upon roll call vote with 49 Senators voting in th( affirmative and 4 Senators voting in the nega ~e as follows:
YEAS - 49; Senators Algiere, Bc earn, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre ~onnors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, t odwin, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva We 3, Palazzo, Parella, Perry, Polisena, Honey, Ruggerio, Sosn vski, Tavares, Walaska, Walton.
NAYS - 4; Senators Alves, Graz -no, Patterson, Sasso.
Senator Alves suggests that the following item is not properly before the body.
Senator Irons notes that the Senate is now operating on a continuous calendar and suggests that the item is properly before the body.
SUSPENSION OF THE RULES
Upon suggestion of Senator Irons, seconded by Senator Kelly and others, the Senate suspends the rules in allowing items to be placed directly on the Continuous Calendar, upon a roll call vote with 34 Senators voting in the affirmative and 11 Senators voting in the negative as follows:
YEAS - 34; Senators Algiere, Badeau, Bates, Blais, Breene, Cicilline, Coderre, Connors, Cole, Damiani, Enos, Fogarty, Gibbs, Goodwin, Irons, Izzo, Kells, Kelly, Lenihan, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Perry, Polisena, Revens, Roberts, Honey, Ruggerio, Sosnowski, Tavares, Walsh, Walton.
NAYS - 11; Alves, Caprio, Donelan, Flynn, Graziano, Issa, McCaffrey, Montalbano, Palazzo, Patterson, Walaska.
CALENDAR
46. (98-H 8206) (Substitute A An Act relating to public officers and employees.
Ordered on the Calendar for passage of "Substitute "A" in concurrence.
Senator Irons requests unanimous consent for immediate consideration.
Senator Alves objects.
Upon suggestion of Senator Irons, seconded by Senator Enos, the motion for immediate consideration is granted, under suspension of the rules, upon a roll call vote with 33 Senators voting in the affirmative and 11 Senators voting in the negative as follows:
YEAS - 33; Senators Algiere, Badeau, Bates, Blais, Breene, Cicilline, Coderre, Connors, Cole, Damiani, Enos, Fogarty, Gibbs, Goodwin, Irons, Izzo, Kells, Kelly, Lenihan, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Perry, Polisena, Revens, Roberts, Honey, Ruggerio, Sosnowski, Walton.
NAYS - 11; Senators Alves, Caprio, Donelan, Graziano, Issa, McCafirey, Montalbano, Palazzo, Patterson, Tavares, Walaska.
Senator Irons moves, passage, seconded by Senator Enos and others.
Upon suggestion of Senator Blais, seconded by Senator Badeau, the question is moved, upon a roll call vote with 29 Senators voting in the affirmative and 14 Senators voting in the negative as follows:
YEAS - 29; Senators Algiere, Badeau, Bates, Blais, Breene, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Enos, Fogarty, Gibbs, Goodwin, Irons, I~zo, Kelly, Lenihan, McDonald, Nygaard, Paiva Weed, Parella, Perry, Polisena, Revens, Ruggerio, Sosnowski, Walton.
NAYS 14; Senators Alves, Caprio, Donelan, Graziano, Issa, Kells, McCaffrey, Montalbano, Palazzo, Patterson, Honey, Sasso, Tavares, Walaska.
The bill marked Substitute "A" is read and passed, in concurrence, and the original bill indefinitely postponed, upon a roll call vote with 34 Senators voting in the affirmative and 11 Senators voting in the negative as follows:
YEAS - 34; Senators Algiere, Badeau, Bates, Blais, Breene, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Enos, Fogarty, Gibbs, Goodwin, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McDonald, Nygaard, Paiva Weed, Palazzo, Parella, Perry, Polisena, Revens, Roberts, Honey, Huggerio, Sosnowski, Walton.
NAYS - 11; Senators Alves, Caprio, Donelan, Flynn, Graziano, McCaffrey, Montalbano, Patterson, Sasso, Tavares, Walaska.
49. (98-H 9071) An Act amending the city charter of the city of Newport by expanding the jurisdiction of the municipal court to authorize the court to lien real property of landowners upon final judgment for minimum housing and zoning violations.
Ordered on the Calendar for passage in concurrence.
Senator Cicilline moves passage, seconded by Senator Paiva Weed.
The act is read and passed, in concurrence, upon a roll call vote with 44 Senators voting in the affirmative and 1 Senator voting in the negative as follows:
YEAS - 44; Senators Algiere, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Grariano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCa;llrey, McDonald, Montalbano, Nygaard, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Revens, Roberts, Honey, Ruggerio, Sasso, Sosnowsl::i, Walasl:a, Walton.
NAYS - 1; Senator Alves.
50. (98-H 9165) An Act relating to the town of North Smithfield-
Juvenile Hearing Board.
Ordered on the Calendar for passage in concurrence.
Senator Kelly moves passage, seconded by Senators Cote, Enos, Paiva Weed and Damiani.
The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 45; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Revens, Roberts, Honey, Ruggerio, Sasso, Sosnowsl::i, Walaska, Walton.
NAYS -0.
51. (98-H 9207) An Act relating to the town of South Kingstown-
condemnation authortiy.
Ordered on the Calendar for passage in concurrence.
Senator Sosnowski moves passage, seconded by Senators McDonald and Cicilline.
Senators Blais, Sosnowski and Montalbano discuss the act.
The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 46 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 46; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Revens, Roberts, Honey, Ruggerio, Sasso, Sosnowsl:i, Tavares, Walaska, Walton.
NAYS -0.
68. (98-H 9231 as amended) An Act relating to taxation - levy and assessment of local taxes.
Committee on Corporations recommends passage as amended.
Senator Irons moves passage, seconded by Senators Damiani and Nygaard.
The act is read and passed, as amended, by unanimous consent, upon a roll call vote with 46 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 46; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarly, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Revens, Roberts, Honey, Huggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
TRANSMITTAL
By unanimous consent, all matters on the Clerk's desk are ordered to be transmitted to the Honorable House of Representatives forthwith.
CONGRATULATIONS
Senator Cicilline extends congratulations and best wishes to Senator Walton on the very special occasion of his birthday.
SUSPENSION OF THE RULES
Upon suggestion of Senator Irons, seconded by Senator Enos and others, the Senate suspends the rules relating to posting of bills for committee consideration, upon a roll call vote with 34 Senators voting on the affirmative and 7 Senators voting in the negative as follows:
YEAS - 34; Senators Algiere, Badeau, Bates, Blais, Breene, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Irons, Izzo, Kells, Kelly, Nygaard, Paiva Weed, Parella, Patterson, Perry, Polisena, Revens, Roberts, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS - 7; Senators Alves, Caprio, Donelan, Graziano, Issa, McCaffrey, Palazzo.
RECESS
Upon suggestion of Senator Kelly, and by unanimous consent, the Senate stands at recess at 5:53 o'clock P.M. until the call of the chair.
CALLED TO ORDER
The Senate is called to order at 8:00 o'clock P.M.
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 7959 as amended) An Act relating to city of Newport boarding and landing fees.
Read and ordered to be placed on the Calendar.
(98-H 8847) An Act relating to collection of taxes generally.
Read and ordered to be placed on the Calendar.
(98-H 8860) An Act relating to collection of taxes generally.
Read and ordered to be placed on the Calendar.
(98-H 9116) An Act relating to taxation -collection of taxes generally.
Read and ordered to be placed on the Calendar.
(98-H 9148) An Act relating to towns and cities - redevelopment projects.
Read and ordered to be placed on the Calendar.
FROM THE
HOUSE OF REPRESENTATIVES
A message from the House of Representatives transmits with announcement of passage:
(98-S 2596) (Substitute "B") An Act relating to gambling and lotteries.
Read and ordered to be placed on the Calendar.
Also:
(98-S 3160) (Substitute "B" as amended) An Act relating to gambling.
Read and ordered to be placed on the Calendar.
Also:
(98-H 8122) (Substitute "A") An Act relating to emotionally disturbed children.
Read and ordered to be placed on the Calendar.
Also:
(98-H 8203) (Substitute "A") An Act relating to Rhode Island Tourism and Development.
Read and ordered to be placed on the Calendar.
Also:
(98-H 9271) An Act relating to military affairs and defense-
burial of veterans.
Read and ordered to be placed on the Calendar.
Also:
(98-S 2023) (Substitute "A" as amended) An Act relating to criminal procedure - elderly violence prevention act.
Read and ordered to be placed on the Calendar.
Also:
(98-S 2697) (Substitute "B") An Act relating to divorce and separation - child support.
Read and ordered to be placed on the Calendar.
Also:
(98-S 2835 as amended) An Act relating to businesses and professions.
Read and ordered to be placed on the Calendar.
Also:
(98-H 9267) An Act relating to motor and other vehicles - parking facilities and privileges.
Read and ordered to be placed on the Calendar.
Also:
(98-H 8336) An Act relating to federal surplus property.
Read and referred to the Committee on Finance.
Also: (98-H 9250) An Act relating to insurance. Read and referred to the Committee on Finance.
Also:
(98-H 9266) An Act relating to apprenticeship.
Also: Read and referred to the Committee on Finance.
Also:
(98-H( 8346) An Act relating to businesses and professions-
electricians.
Read and referred to the Committee on Labor.
Also:
(98-H 9270) An Act creating a council of Labor and Management.
Read and referred to the Committee on Labor.
Also:
(98-H 9245 as amended) An Act relating to criminal offenses-
crimes against nature.
Read and referred to the Committe on Judiciary.
CALENDAR
11. (98-H 7117) An Act relating to motor and other vehicles-
special stops required.
Committee on Judiciary recommends passage in concurrence.
Senator Paiva Weed moves passage, seconded by Senators Polisena, Celona, Goodwin and others.
The act is read and passed, in concurrence, upon a roll call vote with 41 Senators voting in the affirmative and 2 Senators voting in the negative as follows:
YEAS - 41; Senators Algiere, Alves, Badeau, Bates, Blais, Caprio, Celona, Cicilline, Coderre, Cole, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Roberts, Honey, Sasso, Sosnowski, Tavares, Walaska, Walton.
I hereby move to amend (98-S 7456) (Substitute
NAYS - 2; Senators Kells, Walaska.
12. (98-H 7273 as amended) An Act relating to solemnization of marriages.
Committee on Judiciary recommends passage as amended in concurrence.
Senator Paiva Weed moves passage, seconded by Senators McDonald, Goodwin, Connors and Coderre.
The act is read and passed, as amended, in concurrence, by unanimous consent, upon a roll call vote with 44 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 44; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarly, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaftrey, McDonald, Montalbano, Nygaard, Oster, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Haptakis, Roberts, Honey, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
13. (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.
Senator Paiva Weed moves passage, seconded by Senators McDonald and Polisena.
Senator Paiva Weed, seconded by Senator Enos and others, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(98-H 7456) (Substitute "A" as amended)
Mr. President:
"A" as amended) entitled "AN ACT RELATING TO DOMESTIC RELATIONS-
DIVORCE AND SEPARATION", as follows:
By deleting all of the language following the enactment clause and inserting thereof the following:
SECTION 1. Chapter 15-5 of the General Laws entitled "Divorce and Separation" is hereby amended by adding thereto the following section:
15-5-14.1. AUTOMATIC ORDERS IN DIVORCE CASES - (a) upon the filing of a commpliant for dissolution of marriage, legal separation, annulment, custody or visitation by the plaintiff and upon service of the petition of the parties, the automatic orders shall be effective with regard to the plaintiff upon the signing of the complaint and with regard to the defendant upon service. A copy of the automatic order shall be served with the summons and complaint.
(1) Neither party shall sell, transfer, encumber, conceal, assign, remove or in any way dispose of without the consent of the party in writing, or without an order of the court, any property, individually or jointly held by parties, except in the usual course of business or for customary and unusual household expenses or for any reasonable attorneys' fees in connection with this action.
(2) Neither party shall incur any unreasonable debts, including but not limited to further borrowing against any credit line secured by the family residence, further encumbrancing any assets, or unreasonable using credit cards or cash advances against credit or bank cards.
(3) Neither party shall permanentlty remove the minor child or children from the state of Rhode Island, without the written consent of the party or an order from the court.
(4) Neither party shall cause the other party or the children of the marriage to be removed from any medical, hospital and/or dental insurance in full force and effect; and
(5) Neither party shal change beneficiaries of any existing life insurance policies, and each party shall maintain the existing life insurance, automobile insurance, homeowner's or renter's insurance policies in full force and effect.
(6) If the parties are living together on the date of service of these orders, neither party may deny the other party use of the current primary residence of the parties, whether it be owned or rented property, without court order. This provision shall not apply if there is a prior, contradictory court order.
(7) If the parties share a child or children, a party vacating the family residence shall notify the other party or the other party's attorney, in writting, within forty-eight hours of such move, of an address where the relocated party can recieve communucation. This provision shall not apply if there is a prior, contradictory court order.
(8) If the parent of the children live apart during the dissolution proceeding, they shall assist their children in having contact with both parties, which is consistent with the habits of the family, personally, by telephone, and writing unless there is a prior court order.
Respectfully submitted,
M. TERESA PAIVA WEED
Senator, District 49
The motion to amend prevails upon a roll call vote with 46 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS 46; Senators Algiere, Alves, Badeau, Bates, Blais, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, 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, Raptakis, Roberts, Honey, Huggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
Upon motion of Senator Paiva Weed, seconded by Senator McDonald, read and passed, as amended, by unanimous consent, upon a roll call vote with 46 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 46; Senators Algiere, Alves, Badeau, Bates, Blais, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Lenihan, McBurney, McCaffrey, McDonald, Monlalbano, Nygaard, O'I-eary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
14. (98-H 7556) An Act relating to divorce and separation-
child support.
Committee on Judiciary recommends passage in concurrence.
Senator Paiva Weed moves passage, seconded by Senator Polisena and others.
The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 46 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 46; Senators Algiere, Alves, Badeau, Bates, Blais, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarly, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
15. (98-H 7657) An Act relating to criminal offenses - mandatory community restitution.
Committee on Judiciary recommends passage in concurrence.
Senator Paiva Weed moves passage, seconded by Senators Cicilline, Goodwin and others.
The act is read and passed, in concurrence, upon a roll call vote with 45 Senators voting in the affirmative and 1 Senator voting in the negative as follows:
YEAS - 45; Senators Algiere, Alves, Badeau, Bates, Blais, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarly, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Lenihan, McBurney, McCaffrey, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Poli9ena, Raptakis, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS - 1; Senator Montalbano.
16. (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".
Senator Paiva Weed moves passage, seconded by Senators McDonald, Kells and others.
The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, upon a roll call vote with 44 Senators voting in the affirmative and 2 Senators voting in the negative as follows:
YEAS - 44; Senators Algiere, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaftrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Raptakis, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walasl:a, Walton.
NAYS - 2; Senator Cole, Polisena.
17. (98-H 7894) An Act relating to motor vehicles - motor vehicle reparations act.
Committee on Judiciary recommends passage in concurrence.
Senator Paiva Weed moves passage, seconded by Senator Ruggerio.
The act is read and passed, in concurrence, upon a roll call vote with 46 Senators voting in the affirmative and 2 Senators voting in the negative as follows:
YEAS - 46; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Monlalbano, Nygaard, O'Leary, Oster,( Paiva Weed, Palazzo, Parella, Perry, Polisena, Haptakis, Roberts, Honey, Huggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS - 2; Senators Cote, Patterson.
18. (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.
Senator Paiva Weed moves passage, seconded by Senators Nygaard and Perry.
Senator Paiva Weed, seconded by Senators Bates, Nygaard and McDonald, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(98-H 7911) (Substitute "A" as amended)
Mr. President:
I hereby move to amend (98-H 7911) (Substitute "A" as amended) entitled "AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT- OPEN MEETINGS", as follows:
By deleting all of the language following the enactment clause and inserting in place thereof the following:
SECTION 1. Sections 42-46-2, 42-46-4, 42-46-5, 42-46-6, and 42-46-8 of the General Laws in Chapter 42-46 entitled "Open Meetings" are hereby amended to read as follows;
42-46-2. DEFINITIONS. - As used in this chapter:
(a) "Meeting" means the convening of a public body to discuss and/or act upon a matter over which the public body has supervision, control, jurisdiction, or advisory power. As used herein, the term "meeting" shall expressly include, without limiting the generality of the foregoing, so-called "workshop," "working," or "work" sessions.
(b) "Open call" means a public announcement by the chairperson of the committee that the meeting is going to be held in executive session and the chairperson must indicate which exception of section 42-46-5 is being involved.
(c) "Public body" means any department, agency, commission, committee, board, council, bureau, or authority or any subdivision thereof of state or municipal government-. and shall include all authorities defined in section 42-35- 1(b). For purposes of this section, any political party, organization, or unit thereof meeting or convening is not and should not be considered to be a public body, provided, however that no such meeting shall be used to circumvent the requirements of this chapter.
(d) "Quorum," unless otherwise defined by applicable law, means a simple majority of the membership of a public body.
(e) "Prevailing plaintiff' shall include those persons and entities deemed "prevailing parties" pursuant to 42 U.S.C. section 1988.
42-46-4. CLOSED MEETINGS. - By open call, a public body may hold a meeting closed to the public upon an affirmative vote of the majority of its members. A meeting closed to the public shall be limited to matters allowed to be exempted from discussion at open meetings by section 42-46-5. The vote of each member on the question of holding a meeting closed to the public and the reason for holding a closed meeting, by a citation to a subdivision of section 42-46-5(a), and a statement specifying the nature of the business to be discussed, shall be recorded and entered into the minutes of the meeting. No public body shall discuss in closed session any public matter which does not fall within the citations to section 42-46-5(a) referred to by the public body in voting to close the meeting, even if these discussions could otherwise be closed to the public under this chapter.
All votes taken in closed sessions shall be disclosed once the session is reopened: provided. however. a vote taken in a closed session need not be disclosed for the period of time during which its disclosure would jeopardize any strategy. negotiation or investigation undertaken pursuant to discussions conducted under section 42 -46-5(a).
42-46-5. PURPOSES FOR WHICH MEETING MAY BE CLOSED - USE OF ELECTRONIC COMMUNICATIONS JUDICIAL PROCEEDINGS - DISRUPTIVE CONDUCT. - (a) A public body may hold a meeting closed to the public pursuant to section 42-46-4 for one or more of the following purposes:
(1) Any discussions of the job performance, character, or physical or mental health of a person or persons provided that such person or persons affected shall have been notified in advance in writing and advised that they may require that the discussion be held at an open meeting.
Failure to provide such notification shall render any action taken against the person or persons affected null and void. Before going into a closed meeting pursuant to this subsection. the public body shall state for the record that any persons to be discussed have been so notified and this statement shall be noted in the minutes of the meeting.
(2) Sessions pertaining to collective bargaining or litigation, or work sessions pertaining to collective bargaining or litigation.
(3) Discussion regarding the matter of security including but not limited to the deployment of security personnel or devices.
(4) Any investigative proceedings regarding allegations of misconduct, either civil or criminal.
(5) Any discussions or considerations related to the acquisition or lease of real property for public purposes, or of the disposition of publicly held propel' wherein advanced public information would be detrimental to the interest of the public.
(6) Any discussions related to or concerning a prospective business or industry locating in the state of Rhode Island when an open meeting would have a detrimental effect on the interest of the public.
(7) A matter related to the question of the investment of public funds where the premature disclosure would adversely affect the public interest. Public Aunts shall include any investment plan or matter related thereto, including but not limited to state lottery plans for new promotions.
(8) Any executive sessions of a local school committee exclusively for the purposes (a) of conducting student disciplinary hearings or (b) of reviewing other matters which relate to the privacy of students and their records, provided, however, that any affected student shall have been notified in advance in writing and advised that he or she may require that the discussion be held in an open meeting.
Failure to provide such notification shall render any action taken against the student or students affected null and void. Before going into a closed meeting pursuant to this subsection. the public body shall state for the record that any students to be discussed have been so notified and this statement shall be noted in the minutes of the meeting.
(b) No meeting of members of a public body or use of electronic communication shall be used to circumvent the spirit or requirements of this chapter; provided, however, these meetings and discussions are not prohibited.
Provided. further however. that discussions of a public body via electronic communication shall be permitted only to schedule a meeting.
(c) This chapter shall not apply to proceedings of the judicial branch of state government or probate court or municipal court proceedings in any city or town.
(d) This chapter shall not prohibit the removal of any person who willfully disrupts a meeting to the extent that orderly conduct of the meeting is seriously compromised.
42-46-6. NOTICE. - (a) All public bodies shall give written notice of their regular scheduled meetings at the beginning of each calendar year. The notice shall include the dates, times, and places of the meetings-.and shall be provided to members of the public upon request.
(b) Public bodies shall give supplemental written public notice of any meeting within a minimum of forty-eight (48) hours before the date. This notice shall include, in addition to date the date the notice was posted, the date, time, and place of the meeting, and a statement specifying the nature of the business to be discussed. Copies of the notice shall be maintained by the public body for a minimum of one (1) year. Nothing contained herein shall prevent a public body, other than a school committee, from adding additional items to the agenda by majority vote of the members. Such additional items shall be for informational purposes only and may not be voted on except where necessary to address an unexpected occurrence that requires immediate action to protect the public or to refer the matter to an appropriate committee or to another body or official.
(c) Written public notice shall include, but need not be limited to posting a copy of the notice at the principal office of the public body holding the meeting, or if no principal office exists, at the building in which the meeting is to be held, and in at least one other prominent place within the governmental unit; provided, that in the case of school committees the required public notice shall be published in a newspaper of general circulation in the school district under the committee's jurisdiction; however, ad hoc committees, sub committees and advisory committees of school committees shall not be required to publish notice in a newspaper; however, nothing contained herein shall prevent a public body from holding an emergency meeting, upon an affirmative vote of the majority of the members of the body when the meeting is deemed necessarywhere the public welfare so requires to address an unexpected occurrence that requires immediate action to protect the public. If an emergency meeting is called, a meeting notice and agenda shall be posted as soon as practicableand, upon meeting, the public bode shall state for the record and minutes why the matter must be addressed in less than fortyeight (48) hours and only discuss the issue or issues which created the need for an emergency meeting. Nothing contained herein shall be used in the circumvention of the spirit and requirements of this chapter.
42-42-8-. REMEDIES AVAILABLE TO AGGRIEVED PERSONS.
42-46- 8. REME
DIES AVAILABLE TO AGGRIEVED PERSONS OR ENTITIES. (a) Any citizen or entity of the state who is aggrieved as a result of violations of the provisions of this chapter may file a complaint with the attorney general. The attorney general shall investigate the complaint and if the attorney general determines that the allegations of the complaint are meritorious he or she may file a complaint on behalf of the complainant in the superior court against the public body.
(b) No complaint may be filed by the attorney general after ninety (90) one hundred eighty (180) days from the date of public approval of the minutes of the meeting at which the alleged violation occurred, or, in the case of an unannounced or improperly closed meeting, afterninety (90) one hundred eighty (180) days from the public action of a public body revealing the alleged violation, whichever is greater.
(c) Nothing within this section shall prohibit any individual from retaining private counsel for the purpose of filing a complaint in the superior court within the time specified by this section against the public body which has allegedly violated the provisions of this chapter; provided, however, that if the individual has first filed a complaint with the attorney general pursuant to this section, and the attorney general declines to take legal action, the individual may file suit in superior court within ninety (90) days of the attorney general's closing of the complaint or within one hundred eighty (180) days of the alleged violation, whichever occurs later.
(d) The court shall award reasonable attorney fees and costs to a prevailing plaintiff, other than the attorney general, except where special circumstances would render such an award unjust.
(d)The court may issue injunctive relief and declare null and void any actions of a public body found to be in violation of this chapter. In addition, the court may impose a civil fine not exceeding one thousand dollars ($1,000) five thousand dollars ($5,000) against a public body or any of its members found to have committed a willful or knowing violation of this chapter. The total fine imposed for any meeting held in violation of this chapter shall not exceed one thousand dollars($1,000).
(e) [Deleted by P.L. 1988, ch. 659, section 1.]
(f) Nothing within this section shall prohibit the attorney general from initiating a complaint on behalf of the public interest.
(2) Actions brought under this chapter may be advanced on the calendar upon motion of the petitioner.
(h) The attorney general shall consider all complaints filed under this chapter to have also been filed under R.I.G.L. section 38-2-8(b) if applicable.
SECTION 2. Chapter 42-46 of the General Laws entitled "Open Meetings" is hereby amended by adding thereto the following section:
42-46-14. BURDEN OF PROOF. - In all actions brought under this chapter, the burden shall be on the public bode to demonstrate that the meeting in dispute was properly closed pursuant to, or otherwise exempt from the terms of this chapter.
SECTION 3. This act shall take effect upon passage.
Respectfully submitted,
M. TERESA PAIVA WEED
Senator, District 49
Senators Donelan, Issa and Paiva Weed discuss the amendment.
The motion to amend prevails upon a roll call vote with 48 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 48; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Haptakis, Roberts, Honey, Huggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
Upon motion of Senator Paiva Weed, seconded by Senators Polisena, Perry and others, the bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, upon a roll call vote with 47 Senators voting in the affirmative and 1 Senator votng in the negative as follows:
YEAS - 47; Senators Algiere, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walaska,Walton.
NAYS - 1; Senator Alves.
DISAPPROVAL BY THE GOVERNOR;
His Honor, the Lieutenant Governor, presents disapproval by the Governor on the following measures:
(98-S 2179) An Act relating to appointment, qualification, and tenure of officers,
The act is accompanied by the following message of disapproval.
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER. PROVIDENCE
Lincoln C. Almond
Governor
July 3, 1998
TO THE HONORABLE, THE SENATE;
In accordance with the provisions of Rhode Island General Laws Section 43-1-4, I am transmitting herewith, with my disapproval, (98-S 2719) An Act relating to appointment, qaulification, and tenure of ofticers.
This act unreasonably enlarges the period for Senate conlirmation from thirty (30) days to (30) legislative days.
Thirty legislative days can translate into months of inaction. The traditional legislative schedule, which begins in January, includes three-day work-weeks, numerous recesses of varying duration, and adjournment in the last spring or early summer. A post-adjourment or summer recess appointment could languish for as long as nine or ten months. Such delay would be grossly unfair to the many Rhode Islanders who wish to perform public service on stale boards and to the boards, which will not be at full membership for extended periods of time.
If gubernatorial appointments are important enough to require Senate advice and consent, they should be important enough to warrent swift consideration. These are positions at the highest echelons of a state government that must operate daily and year-round. Gaps in senior management undermine administrative effectiveness as well as the provision of critical public services.
This bill may result in a decrease in the number and quality of applicants for appointment, an increase in withdrawals and holdovers, and a shortening of terms of service. It also has the potential of harming efforts to recruit the best available talent.
Although the confirmation period for most cabinet directors was enlarged last year to thirty legislative days, these directors are authorized to exercise their oftices upon appointment. Most other appointees subject to advice and consent must wait until confirmation. This fact is particularly important when the Senate is out of session. An appointee to a board in August could not vote until a Senate confirmation, which under this bill could be as late as the following March.
The present thirty-day deadline for Senate action is appropriate, as was the previous fourteen-legislative-day deadline. The shorter deadlines are fairer to the appointees, the appointing authority, the state agencies affected and the Senate. The current bill would distort the confirmation process and strike a blow against public service.
For the forgoing reasons, I disapprove of this legislation and respectfully urge your support of this veto.
Sincerely,
LINCOLN C. ALMOND
Governor
The message of disapproval is read and ordered to be placed on file.
Senator Paiva Weed moves passage, notwithstanding the veto of His Excellency, the Governor, seconded by Senators Kelly, Enos, Coderre, Roney, Badeau and others.
Senators Algiere and Roney discuss the act.
The act is read and passed, notwithstanding the veto of His Excellency, the Governor, upon a roll call vote with 35 Senators voting in the affirmative and 13 Senators voting in the negative as follows:
YEAS - 35; Senators Badeau, Blais, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Fogarty, Goodwin, Irons, Izzo, Kells, Kelly, Lenihan, McBurney, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Patterson, Perry, Polisena, Haptakis, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walton.
NAYS - 13; Senators Algiere, Alves, Bates, Breene, Caprio, Flynn, Gibbs, Graziano, Issa, McCaffrey, Montalbano, Palazzo,Walaska.
Also:
(98-S 2284) An Act relating to state purchase - architects, engineers, consulting and printing services.
The act is accompanied by the following message of disapproval.
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE
Lincoln C. Almond
Governor
July 3, 1998
TO THE HONORABLE, THE SENATE;
In accordance with the provisions of Rhode Island General Laws Section 43-1-4, I am transmitting herewith, with my disapproval, (98-S 2284) An Act relating to stale purchase -architects, engineers, consulting and printing services.
This legislation would include printing firms among the list of Rhode Island-based businesses which, all things being equal, would be given preference in public contracts.
Under existing law, the list ofRhode Island based businesses which, all things being equal, receive a preference in state contracts is restricted to certain businesses which provide professional services. The General Assembly has set forth a specific process for the retention of credentialed professionals where expertise and/or licensing is the driving factor in the selection process. Portions of this process, must, necessarily involve subjective considerations. The General Assembly has set forth a different process for the retention of nonprofessionals based on competitive sealed bidding where specifications can be developed and a contract awarded to the lowest-priced vendor capable of meeting bid specifications. Since bids can be reduced to their lowest common denominator - price - there is little subjective consideration at play.
Printing is a biddable commodity. It is bad public policy to extend the limited preference given to professionals operating under one selection process to biddable commodities operating under another. Moreover, if this law were passed, there would be no principled reason for denying the same preference to every state vendor. Such preferences could do great harm to Rhode Island vendors. Most of our neighbor states do not impose such statutory preferences to nonprofessionals. To the extent that Rhode Island does so, we invite retaliation which, given Rhode Island's size, could result in a severe disadvantage for Rhode Island-based businesses.
For the forgoing reasons, I disapprove of this legislation and respectfully urge your support of this veto.
Sincerely,
LINCOLN C. ALMOND
Governor
The message of disapproval is read and ordered to be placed on file.
CALENDAR
19. (98-H 7464) (Substitute "B,,) An Act relating to motor vehicles.
Ordered on the Calendar for passage of Substitute "B".
Senator Fogarty moves passage, seconded by Senators Graziano, Patterson and others.
The bill marked Substitute "B" is read and passed, and the original bill and the bill marked Substitute "A" indefinitely postponed, upon a roll call vote with 43 Senators voting in the affirmative and 2 Senators voting in the negative as follows:
YEAS - 43; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCafirey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walaska.
NAYS - 2; Senators Coderre, Connors.
20. (98-H 7676) (Substitute "A") An Act relating to children.
Ordered on the Calendar for passage of Substitute "A" in concurrence.
Senator Paiva Weed moves passage, seconded by Senators Perry and Sosnowski.
Senator Perry, seconded by Senators Coderre, Roney and Sosnowski, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(98-H 7676) (Substitute "A")
Mr. President:
I hereby move to amend (98-H 7676) (Substitute "A") entitled "AN ACT RELATING TO CHILDREN", as follows:
1. On page 2, line 1, by deleting the word "providing".
2. On page 2, line 1, by deleting lines 2 through 4 and inserting in lieu thereof the following language: "and in accordance with section 40-11-15 a parent or gaurdian legitimately practicing his or her religious beliefs who does not provide specified medical treatment for a child shall not, for any reason alone, be considered an abusive or negligent parent or gaurdian, provided, however, the provisions of this"
Respectfully submitted,
RHODA E. PERRY
Senator, District 3
Senator Polisena discusses the amendment.
The motion to amend prevails upon a roll call vote with 29 Senators voting in the affirmative and 19 Senators voting in the negative as follows:
YEAS - 29; Senators Algiere, Bates, Blais, Cicilline, Coderre, Connors, Cote, Donelan, Enos, Fogarty, Gibbs, Goodwin, Irons, Izzo, Kells, Kelly, Lenihan, McDonald, Nygaard, Oster, Paiva Weed, Perry, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walton.
NAYS - 19; Senators Alves, Badeau, Breene, Caprio, Celona, Damiani, Flynn, Graziano, Issa, McBurney, McCaffrey, Montalbano, O'Leary, Palazzo, Parella, Patterson, Pollsena, Raptakis, Walaska.
Upon motion of Senator Paiva Weed, seconded by Senators Coderre and Sosnowski, read and passed, as amended, upon a roll call vote with 30 Senators voting in the affirmative and 16 Senators voting in the negative as follows:
YEAS - 30; Senators Algiere, Bates, Breene, Cicilline, Coderre, Cole, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Izzo, Kells, Kelly, Lenihan, McDonald, Nygaard, Paiva Weed, Parella, Patterson, Perry, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Walton.
NAYS - 16 Senators Alves, Badeau, Caprio, Celona, Damiani, Issa, McBurney, McCaffrey, Monlalbano, O'Leary, Oster, Palazzo, Polisena, Raptakis, Tavares, Walaska.
21. (98-H 7716) (Substitute "A") An Act relating to courts and civil procedure.
Ordered on the Calendar for passage of Substitute "A" in concurrence.
Senator Paiva Weed requests that the item be placed on page 5 of the Calendar.
Senator Alves objects.
Upon motion of Senator Paiva Weed, seconded by Senator Roney and others, the item is placed on page 5, upon a roll call vote with 40 Senators voting in the affirmative and 5 Senators voting in the negative as follows:
YEAS - 40; Senators Algiere, Badeau, Bales, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Irons, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Patterson, Perry, Polisena, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS - 5; Senators Alves, Donelan, Graziano, Montalbano, Palazzo.
22. (98-H 7750) An Act relating to trusts for minors.
Ordered on the Calendar for passage in concurrence.
Senator Paiva Weed moves passage, seconded by Senators Connors and Cicilline.
The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 46 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 46; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaflrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Roberts, Honey, Huggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
23. (98-H 7801) An Act relating to confidentiality of health care communications and information act - limitations on and permitted disclosures.
Ordered on the Calendar for passage in concurrence.
Senator McDonald moves passage, seconded by Senators Paiva Weed, Coderre, Izzo and others.
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, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, I;zzo, Kells, Kelly, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Roberts, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
24. (98-H 7890) (Substitute "A" as amended) An Act relating to courts and civil procedure -courts.
Ordered on the Calendar for passage of Substitute "A" as amended.
Senator Paiva Weed moves passage, seconded by Senator Cicilline.
The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 43 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 43; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, McBurney. McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Patterson, Perry, Polisena, Roberts, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
25. (98-H 7901) (Substitute "B" as amended) An Act relating to the Department of Corrections.
Ordered on the Calendar for passage of Substitute "B" as amended.
Senator Paiva Weed moves passage, seconded by Senators Polisena, Connors, Damiani, Roberts and others.
The bill marked Substitute "B" is read and passed, as amended, and the original bill and the bill marked Substitute "A" indefinitely postponed, by unanimous consent, upon a roll call vote with 47 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS 47; Senators Algiere, Alves, Badeau, Bates, Brreene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Haptakis, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
26. (98-H 7904) An Act relating to obsolete and no longer applicable statutes.
Ordered on the Calendar for passage in concurrence.
Senator Paiva Weed moves passage, seconded by Senator Irons.
The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 47 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS 47; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Flynn, Fogarly, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Haptakis, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Tavares,Walaska.
NAYS -0.
27. (98-H 8018) (Substitute "A") An Act relating to the residential landlord and tenant act.
Ordered on the Calendar for passage of Substitute "A" in concurrence.
Senator Paiva Weed moves passage, seconded by Senator McDonald.
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, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Osler, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, RaptaKis, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
29. (98-H 8034) (Substitute "A") An Act relating to domestic violence.
Ordered on the Calendar for passage of Substitute "A" in concurrence.
Senator Graziano moves passage, seconded by Senators Celona, Sasso, Paiva Weed, Kells, Palazzo 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 47 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS 47; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'I-eary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Roberts, Honey, Huggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
30. (98-H 8310 as amended) An Act relating to judicial selection.
Ordered on the Calendar for passage as amended.
Senator Paiva Weed moves passage, seconded by Senator Enos.
The act is read and passed, as amended, by unanimous consent, upon a roll call vote with 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows;
YEAS - 45; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, McCaffrey, McDonald, Monlalbano, Nygaard, O'Leary, Osler, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Roberts, Roney Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
31. (98-H 8330 as amended) An Act relating to criminal procedure-
domestic abuse.
Ordered on the Calendar for passage as amended in concurrence.
Upon suggestion of Senator Enos, and without objection, ordered to be placed on the desk.
32. (98-H 7646) An Act relating to alcoholic beverages - identification cards.
Committee on Special Legislation recommends passage in concurrence.
Senator Goodwin moves passage, seconded by Senators Nygaard and Celona.
The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 45; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Osler, Palazzo, Parella, Patterson, Perry, Polisena, Raptakis, Roberts, Honey, Huggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
33. (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.
Senator Badeau moves passage, seconded by Senators Fogarty, Sasso, Damiani and others.
The bill marked Substitute "A" is read and passed, in concurrence, and the original bill indefinitely postponed, upon a roll call vote with 42 Senators voting in the affirmative and 1 Senator voting in the negative as follows:
YEAS - 42; Senators Algiere, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani. Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Osler, Palazzo, Parella, Patterson, Polisena, Raptakis, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS - 1; Senator Alves.
21. (98-H 7716) (Substitute "A") An Act relating to courts and civil procedure.
Ordered on the Calendar for passage of Substitute "A" in concurrence.
The bill marked Substitute "A" is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS 45; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaf;rey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Raptakis, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
35. (98-H 9191 as amended) An Act relating to employment security.
Ordered on the Calendar for passage as amended in concurrence.
Senator Badeau moves passage, seconded by Senators Ruggerio, Cote, Damiani and Bates.
The act is read and passed, as amended, in concurrence, by unanimous consent, upon a roll call vote with 46 Senators voting in the affirma. tive and 0 Senators voting in the negative as follows:
YEAS - 46; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarly, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Raptakis, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
36. (98-H 7895) (Substitute "A") An Act relating to Family Court.
Ordered on the Calendar for passage of Substitute "A" in concurrence.
Senator Paiva Weed moves passage, seconded by Senators Connors, Roney, Roberts and Coderre.
Senators Alves and Paiva Weed 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 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 45; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Haptakis, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walaska.
NAYS -0.
37. (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.
Senator Badeau moves passage, seconded by Senator Ruggerio 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, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Raptakis, Roberts, Honey, Huggerio, Sasso, Sosnowski, Tavares, Walaska.
NAYS -0.
38. (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.
Senator Irons moves passage, seconded by Senator Enos and others.
Senators Alves, Irons and Donelan discuss the act.
Senator Irons, seconded by Senators Enos and others, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(98-H 7590) (Substitute "A" as amended)
Mr. President:
I hereby move to amend (98-H 7590) (Substitute "A" as amended) entitled "AN ACT RELATING TO INSURANCE COVERAGE GENETIC TESTING", as follows:
(1) On page 2, line 1, by inserting the word "abnormalities" the word "inherited".
(2) On page 2, line 20, by inserting before the word "abnormalities" the word "inherited".
(3) On page 3, line 7, by inserting before the word "abnormalities" the word "inherited".
(4) On page 3, line 26, by inserting before the word "abnormalities" the word "inherited".
Respectfully submitted,
WILLIAM V. IRONS
Senator, District 39
The motion to amend prevails upon a roll call vote with 35 Senators voting in the affirmative and 3 Senators voting in the negative as follows:
YEAS - 35; Senators Algiere, Badeau, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Enos, Fogarty, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Nygaard, Oster, Paiva Weed, Parella, Patterson, Polisena, Raptakis, Roberts, Honey, Ruggerio, Sosnowski, Tavares, Walaska,
NAYS - 3; Senators Alves, Donelan, Palazzo.
Upon motion of Senator Irons, seconded by Senator Enos and others, read and passed, as amended, 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, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCafirey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Raptakis, Roberts, Ruggerio, Sosnowski, Tavares,Walaska.
NAYS -0.
39. (98-H 7103) An Act relating to pharmaceutical assistance to the elderly.
Ordered on the Calendar for passage in concurrence.
Senator Fogarty moves passage, seconded by Senators Irons, Connors, Oster, McDonald and others.
Senators Patterson and Fogarty discuss the act.
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, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCafirey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sasso, Sosnowski, Tavares, Walaska.
NAYS -0.
40. (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.
Senator Fogarty moves passage, seconded by Senators Gibbs, Parella, Roberts, Sasso and Sosnowski.
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 and 0 Senators voting in the negative as follows;
YEAS - 42; Senators Algiere, Alves, Badeau, Bales, Breene, Caprio, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Monlalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Haptakis, Roberts, Huggerio, Sasso, Sosnowski, Tavares, Walaska,.
NAYS -0.
41. (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.
Senator Fogarty moves passage, seconded by Senator Enos and others.
The act is read and passed, as amended, 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, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarly, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Haptakis, Huggerio, Sasso, Sosnowski, Tavares, Walaska.
NAYS -0.
44. (98-H 8099) An Act relating to waters and
navigation Coastal Resources Management
Council.
Ordered to the Calendar for passage in concurrence.
Senator McDonald moves passage, seconded by Senators Algiere, Sosnowski, Fogarty and others.
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, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, McCaffrey, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Patterson, Polisena, Raplal;;is, Honey, Huggerio, Sasso, Sosnowski, Tavares, Walaska.
NAYS -0.
45. (98-H 8105) An Act relating to mental health, retardation and hospitals - Department of Health.
Ordered on the Calendar for passage in concurrence.
Senator Cicilline moves passage, seconded by Senators Oster, Sasso and others.
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, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Fogarty, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, McDonald, Nygaard, O'Leary, Osler, PaivaWeed, Palazzo, Polisena, Haptakis, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walaska.
NAYS - 3; Senators Flynn, Gibbs, Patterson.
47. (98-H 8315) An Act relating to merit system
- unclassified service.
Ordered on the Calendar for passage in concurrence.
Upon suggestion of Senator Enos, and without objection, ordered to be placed on the desk.
48. (98-H 9061) An Act relating to taxation.
Ordered on the Calendar for passage in concurrence.
Senator Irons moves passage, seconded by Senator Breene.
The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 36 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 36; Senators Algiere, Alves, Badeau, Bales, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, McCaffrey, McDonald, Nygaard, O'Leary, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Raptakis, Ruggerio, Sasso, Sosnowski, Tavares.
NAYS -0.
52. (98-H 7479) (Substitute "A") An Act relating to workers' compensation - general provisions.
Committee on Labor recommends passage of Substitute "A" in concurrence.
Senator Badeau moves passage, seconded by Senator Ruggerio, Damiani, Graziano 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 39 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS 39; Senators Algiere, Alves, Badeau, Bales, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, McCaffrey, McDonald, Nygaard, O'Leary, Paiva Weed, Palazzo, Parella, Patterson, Polisena Raptakis, Huggerio, Sasso, Sosnowski, Tavares, Walaska.
NAYS -0.
53. (98-H 7514) (Substitute "A") An Act relating to state affairs and government -Workforce 2000 Council.
Committee on Labor recommends passage of Substitute "A" in concurrence.
Senator Badeau moves passage, seconded by Senator Ruggerio.
Senator Badeau, seconded by Senator Ruggerio, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(98-H 7514) (Substitute "A")
Mr. President:
I hereby move to amend (98-S 7514) (Substitute "A") entitled "AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT - WORK-FORCE 2000 COUNCIL", as follows:
(1) On page 3, between lines 6 and 7 by adding the following language:
SECTION 2. Sections 28-45-9.1 and 28-45-16 of the General Laws in Chapter 18-45 entitled "Apprenticeship Programs in Trade and Indusrty" are hereby amended as follows:
28-45-9.1. APPRENTICESHIP PROGRAMS -FEES. - A fee of one hundred dollars ($100) shall be paid by each sponsor, except those sponsors who are in registered school-to-career apprenticeship programs only. shall become due for renewal annually upon payment of a renewal fee of one hundred dollars ($100). Such fes shall be deposited as general revenues.
28-45-13.1. APPRENTICESHIP REGISTRATION - FEES. - A fee of twenty dollars ($20.00) shall be paid by each indentured apprentice. except those apprentices who are registred in school-to-career apprenticeship programs only, not registred as an apprentice with the division of professional regulation of the Departmet of Labor and training, except those apprentices who are registered in school-tocareer apprenticeship programs only requesting aproval and registration with the state aprenticeship council. All state approved apprentice certificates that are not registered and renewable through the Division of Professional Regulation of the Department of Labor and Training shall become due for renewal annually for a renewal fee of twenty dollars ($20.00). All apprenticeship certificates issued by the Division of Professioal Regulation of the Department of Labor and Training shall expire on the indentured date of the individual qualified for the certificate.
28-45-16. RECIPROCITY -- Apprenticeship programs and standards of employees and unions in the building and construction industry which which jointly form a sponsoring entity on a multistate basis and are registered in conformity with all requirements of this chapter by any recognized state agency or council or by the bureau of apprenticeship and training, employment and training administration shall be accorded registration or approved reciprocity by the apprenticeship council if that reciprocity is requested by sponsoring entity.
(a) When a sponsor of an apprenticeship program which is registred and operating in a neighboring state requests registration from the department to train apprentices for work projects in this state, the sponsor shall be granted registration providing the sponsor conforms with the regulations and standards of the state of Rhode Island.
(b) an apprentice registered in an approved registered apprenticeship program in a neighboring state shall be awarded certification of registration for state purposes upon request and on the condition that the neighboring state's sponsorship program is registered with the appropriate state apprentice agency.
(c) The State Apprenticeship Council shall have the authority to expand or limit the number of states that are subject to the provisions of subsection (a) as provided herein by regulation though the promulgation of the rules and regulations.
2. On page 3, line 7, by deleting the number "2" and adding the number "3".
Respectfully submitted,
ROGER R. BADEAU
Senator, District 32
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, Blais, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Issa, Izzo, Kells, Kelly, McCaffrey, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Pazella, Patterson, Polisena, Raptakis, Roberts, Honey, Huggerio, Sasso, Sosnowski, Tavares, Walaska.
NAYS -0.
Upon motion of Senator Badeau, seconded by Senator Ruggerio and Damiani, 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 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, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Issa, Izzo, Kells, Kelly, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Haptakis, Roberts, Honey, Huggerio, Sasso, Sosnowski, Tavares, Walaska.
NAYS -0.
54. (98-H 8283) (Substitute "B" as amended) An Act relating to labor and labor relations -Temporary Employee Protection Act,
Committee on Labor recommends indelinite postponement of the original bill and the bill marked Substitute "A" and passage of Substitute "B" as amended.
Senator Badeau moves passage, seconded by Senator Ruggerio.
The bill marked Substitute "B" is read and passed, as amended, and the original bill and the bill marked Substitute "A" 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, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Issa, Izzo, Kells, Kelly, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Raptakis, Honey, Huggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
55. (98-H 9190 as amended) An Act relating to businesses and professions - plumbers.
Committee on Labor recommends passage, as amended, in concurrence.
Senator Badeau moves passage, seconded by Senator Cote 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, Bales, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Graziano, Irons, Issa, Kelly, McCaffrey, McDonald, Monlalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Raplakis, Ruggerio, Sasso, Sosnowsl;;i, Tavares, Walaska, Walton.
NAYS -0.
56. (98-H 9247) An Act relating to food markets.
Ordered on the Calendar for passage in concurrence.
Senator Coderre moves passage, seconded by Senators Enos, Connors and others.
The act is read and passed, in concurrence, upon a roll call vote with 34 Senators voting in the affirmative, 2 Senators voting in the negative and 1 Senator abstaining as follows:
YEAS 34; Senators Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Enos, Flynn, Fogarly, Gibbs, Goodwin, Graziano, Izzo, Kells, Kelly, McDonald, Monlalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Haplakis, Ruggerio, Sasso, Tavares, Walaska, Walton.
NAYS - 2; Senators Alves, McCaftrey.
ABSTAINED - 1; Senator Sosnowski.
57. (98-H 7861) (Substitute "A" as amended) An Act relating to state affairs and government - Department of the Environment.
Committee on Corporations recommends indefinite postponement of the original bill and passage of the bill marked Substitute "A" as amended, in concurrence.
Upon suggestion of Senator Enos, and without objection, ordered to be placed on the desk.
58. (98-H 7981) An Act relating to public utilities and carriers-
the towing storage act.
Committee on Corporations recommends passage in concurrence.
Upon suggestion of Senator Enos, and without objection, ordered to be placed on the desk.
59. (98-H 7996) (Substitute "A") An Act relating to alcoholic beverages - general provisions.
Committee on Corporations recommends indefinite postponement of the original bill and passage of the bill marked Substitute "A", in concurrence.
Senator Irons moves passage, seconded by Senators Bates and Connors.
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, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Raptakis, Revens, Roberts, Honey, Ruggerio, Sasso, Tavares, Walaska, Walton.
NAYS -0.
60. (98-H 8252) An Act relating to insurance.
Committee on Corporations recommends passage in concurrence.
Senator Irons moves passage, seconded by Senator Nygaard.
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 Alves, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, McBurney, McCaffrey, McDonald, Monlalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Raptal:;is, Revens, Roberts, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walsh, Walton.
NAYS -0.
61. (98-H 8316) (Substitute ''A'') An Act relating to state purchases.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of the bill marked Substitute "A", in concurrence.
Senator Irons moves passage, seconded by Senators Badeau and Bates.
The bill marked Substitute "A" is read and passed, in concurrence, and the original bill indefinitely postponed, upon a roll call vote with 43 Senators voting in the affirmative and 1 Senator voting in the negative as follows:
YEAS - 43; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Polisena, Haplakis, Hevens, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS - 1; Senator Cote.
28. (98-H 8031) An Act relating to domestic violence prevention act.
Ordered on the Calendar for passage in concurrence.
Senator Paiva Weed moves passage, seconded by Senators Graziano, Connors, Badeau and others.
Senator Paiva Weed, seconded by Senators Oster, McDonald, Badeau and others, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(98-H8031)
Mr. President:
I hereby move to amend (98-H 8031) entitled "AN ACT RELATING TO DOMESTIC VIOLENCE PREVENTION ACT", as follows:
1. On page 1, line 12, after the word "modification,'' insert the following language: 'Any protective order issued pursuant to chapter 15 of title 15, chapter 8.1 of Title 8, and Chapter 5 of Title 15 which is terminated or expires for any reason, and any nocontact order issued by any superior court, district court or family court which is removed, rescinded or expires for any reaon shall be expunged within thirty (30) days from R.O.N.C.O system and the prior existance of said protective order or no-contact order shall not be disclosed except by court order."
2. On page 1, line 16, before the words "Protective orders", insert the following language: "For the purpose of this section."
Respectfully submitted,
M. TERESA PAIVA WEED
Senator, District 49
Senator Kells discusses the amendment.
The motion to amend prevails upon a roll call vote with 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 45; Senators Algiere, Alves, Badeau, Bates, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Flynn, Fogarly, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Osler, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Raptakis, Hevens, Roberts, Honey Huggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
Upon motion of Senator Paiva Weed, seconded by Senators Graziano, Connors, Badeau and others, read and passed, as amended, by unanimous consent, upon a roll call vote with 46 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 46; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarly, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Raplakis, Revens, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walaska,Wallon.
NAYS -0.
62. (98-H 8647) An Act relating to commercial law general regulatory provisions.
Committee on Corporations recommends passage in concurrence.
Senator Breene moves passage, seconded by Senators Flynn, Sosnowski and Damiani.
The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 45; Senators Algiere, Alves, Badeau, Bales, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Kells, Kelly, Lenihan, McBurney, McCaf;rey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Raptakis, Hevens, Honey, Huggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
63. (98-H 9129) An Act authorizing the city of Woonsocket to finance road improvements in the city and to issue not more than $10,000,000 bonds and notes therefor.
Committee on Corporations recommends passage in concurrence.
Senator Cote moves passage, seconded by Senator Badeau.
The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 45; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, I rons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaftrey, McDonald, Monlalbano, Nygaard, Oster, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Raplakis, Revens, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
64. (98-H 9130) An Act authorizing the city of Woonsocket to finance the acquisition, construction, renovation, or improvement ofa public works facility and the equipping thereof and to issue not more than $2,000,000 bonds and notes therefor.
Committee on Corporations recommends passage in concurrence.
Senator Cote moves passage, seconded by Senator Badeau.
The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 45; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaftrey, McDonald, Monlalbano, Nygaard, Oster, Paiva Weed, Palazzo, Parella, Polisena, Haptal:;is, Hevens, Roberts, Honey, Huggerio, Sasso, Sosnowski, Walaska, Walton.
NAYS -0.
65. (98-H 9151 as amended) An Act incorporating the New England Institute of Technology.
Committee on Corporations recommends passage, as amended, in concurrence.
Senator Irons moves passage, seconded by Senators Coderre, Damiani and others.
The act is read and passed, as amended, in concurrence, by unanimous consent, upon a roll call vote with 46 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 46; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, Osler, Palazzo, Parella, Patterson, Polisena, Haptakis, Revens, Roberts, Honey, Huggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
66. (98-H 9178 as amended) An Act relating to 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.
Committee on Corporations recommends passage, as amended, in concurrence.
Upon suggestion of Senator Enos, and without objection, ordered to be placed on the desk.
67. (98-H 9193) 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 equippment 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, in concurrence.
Senator Kelly moves passage, seconded by Senators Connors and Badeau.
The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 46 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 46; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, Montalbano, Nygaard, O'Leary, Osler, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Raplakis, Hevens, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
69. (98-H 7407 as amended) An Act making an appropriation to pay certain Vietnam bonuses.
Committee on Finance recommends passage as amended.
Senator Lenihan moves passage, seconded by Senators Sosnowski, Connors and others.
The act is read and passed, as amended, 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, Cole, Damiani, Donelan, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaflrey, Monlalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Raplakis, Hevens, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
70. (98-H 7349) An Act relating to taxation investment tax credit.
Committee on Finance recommends passage in concurrence.
Senator Lenihan moves passage, seconded by Senators Coderre, Enos, Tavares, Bates and others.
Senators Gibbs and Lenihan discuss the act.
The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 45; Senators Algiere, Alves, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Raptakis, Revens, Roberts, Honey, Huggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
71. (98-H 7551) (Substitute "A" as amended) An Act relating to taxation on beverage containers.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of the bill marked Substitute "A" as amended.
Senator Lenihan moves passage, seconded by Senators Celona and Damiani.
The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 46 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 46; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaftrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Haptakis, Revens, Honey, Huggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
72. (98-H 7635) An Act relating to motor and other vehicles-
registration fees.
Committee on Finance recommends passage in concurrence.
Senator Leniahn moves passage, seconded by Senators Enos, Breene, 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 - 00; Senators Algiere, Alves, Badeau, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Raplakis, Revens, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
73. (98-H 7787) (Substitute "A") An Act relating to Rhode Island Urban Education Act of 1998.
Committee on Finance recommends indefinite postponement of the original bill and passage of the bill marked Substitute "A" in concurrence.
Senator Lenihan moves passage, seconded by Senators Walton, Cicilline, Celona 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 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, Donelan, Enos, Fogarly, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Perry, Polisena, Raplakis, Revens, Honey, Huggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
74. (98-H 7964) (Substitute "A") An Act relating to establishing an enterprise equity fund. Committee on Finance recommends indefinite postponement of the original bill and passage of the bill marked Substitute "A" in concurrence.
Senator Lenihan moves passage, seconded by Senators Roberts, Roney 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, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, McBurney, McCaffrey, McDonald, Monlalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Polisena, Haplakis, Hevens, Roberts, Honey, Huggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
75. (98-H 7966) (Substitute "A") An Act relating to education-
urban after-school programs.
Committee on Finance recommends indefinite postponement of the original bill and passage of the bill marked Substitute "A".
Senator Lenihan moves passage, seconded by Senators Coderre, Kells, Izzo and Roberts.
The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 48 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS 48; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Haptakis, Revens, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
76. (98-H 7980) (Substitute "A") An Act relating to health and safety - lead paint.
Committee on Finance recommends indefinite postponement of the original bill and passage of the bill marked Substitute "A", in concurrence.
Senator Lenihan moves passage, seconded by Senators Kells, Coderre, Walton 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, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Raplal:;is, Revens, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
77. (98-H 8106) An Act relating to state affairs and government-
user fees at state beaches.
Committee on Finance recommends passage in concurrence.
Senator McDonald moves passage, seconded by Senators Sosnowski, Fogarty and Connors.
The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 47 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 47; Senators Algiere, Alves, Badeau, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Haptakis, Revens, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
78. (98- H 8114) (Substitute "A") An Act relating to personal income tax.
Committee on Finance recommends indefinite postponement of the original bill and passage of the bill marked Substitute "A" in concurrence.
Senator Coderre moves passage, seconded by Senators Goodwin, McBurney, Cicilline, Irons and others.
The bill marked Substitute "A" is read and passed, in concurrence, and the original bill indefinitely postponed, upon a roll call vote with 46 Senators voting in the affirmative and 1 Senator voting in the negative as follows:
YEAS - 46; Senators Algiere, Alves, Badeau, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Osler, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Raplakis, Revens, Roberts, Honey, Huggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS - 1; Senator Issa.
79. (98-H 8132 as amended) An Act relating to sales and use taxes exemption for sales by writers, composers, artists.
Committee on Finance recommends passage as amended in concurrence.
Senator Coderre moves passage, seconded by Senators McBurney, Goodwin and Montalbano.
The act is read and passed, as amended, in concurrence, upon a roll call vote with 43 Senators voting in the affirmative and 2 Senators voting in the negative as follows:
YEAS - 43; Senators Algiere, Alves, Badeau, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Palazzo, Parella, Patterson, Polisena, Haptakis, Revens, Roberts, Honey, Huggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS - 2; Senators Flynn, Issa.
80. (98-H 8182) (Substitute "A") An Act relating to state retirement system - definition of active member.
Committee on Finance recommends indefinite postponement of the original bill and passage of the bill marked Substitute "A" in concurrence.
Senator Lenihan moves passage, seconded by Senators Enos, Gibbs, Roney and Cicilline.
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 47 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 47; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Graziano. Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCa;ffrev, McDonald, Monlalbano, Nygaard, O'Leary, Osler, Paiva Weed, Palazzo, Parella, Patterson, Polisena, HaplaKis, Revens, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
81. (98-H 8246) An Act relating to family independence act.
Committee on Finance recommends passage, in concurrence.
Senator Lenihan moves passage, seconded by Senator Ruggerio and others.
The act is read and passed, in concurrence, upon a roll call vote with 41 Senators voting in the affirmative and 3 Senators voting in the negative as follows:
YEAS - 41; Senators Algiere, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Enos, Flynn, Fogarty, Gibbs, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McDonald, Montalbano, Nygaard, O'Leary, Osler, Paiva Weed, Palazzo, Parella, Polisena, Haptakis, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walton.
NAYS - 3; Senators Alves, McCaffrey, Walaska.
82. (98-H 8338) (Substitute "A") An Act relating to sales and use tax.
Committee on Finance recommends indefinite postponement of the original bill and passage of the bill marked Substitute "A" in concurrence.
Senator Lenihan moves passage, seconded by Senators Breene, Algiere, 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 42 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 42; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Fogarty, Gibbs, Graziano, Irons, Issa, Izzo, Kells, Kelly, McBurney, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Patterson, Polisena, Raplakis, Hevens, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
83. (98-H 9168) An Act relating to taxation -Westerly Arts District.
Committee on Finance recommends passage in concurrence.
Senator Algiere moves passage, seconded by Senators Blais and Lenihan.
The act is read and passed, in concurrence, upon a roll call vote with 44 Senators voting in the affirmative and 1 Senator voting in the negative as follows:
YEAS - 44; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Graziano, Irons, Izzo, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Monlalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, PareIl a, Patterson, Polisena, Haptakis, Hevens, Roney, Huggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS - 1; Senator Issa.
84. (98-S2596) (Substitute "B") An Act relating to gambling and lotteries.
Ordered on the Calendar for passage of Substitute "B" in concurrence.
Senator Coderre moves passage, seconded by Senators Enos, Goodwin and Badeau.
Senators Montalbano and Coderre 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 44 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 44; Senators Algiere, Alves, Badeau, Bates, Blais, B reene, Caprio, Celona, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, I rons, Issa, Izzo, Kells, Kelly, Lenihan, McCaf£rey, McDonald, Monlalbano, Nygaard, O'Leary, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Raptakis, Revens, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walaska.
NAYS -0.
85. (98-S 3160) (Substitute "B" as amended) An Act relating to gambling.
Ordered on the Calendar for passage of Substitute "B" as amended in concurrence.
Senator Fogarty moves passage, seconded by Senators Connors, Cicilline, Goodwin and others.
The bill marked Substitute "B" is read and passed, as amended, in concurrence, and the original bill and the bill marked Substitute "A" indefinitely postponed, upon a roll call vote with 36 Senators voting in the affirmative and 8 Senators voting in the negative as follows:
YEAS 36; Senators Algiere, Badeau, Bates, Caprio, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Goodwin, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McDonald, Nygaard, O'Leary, Osler, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Hevens, Roberts, Honey, Sasso, Sosnowski, Tavares, Walaska.
NAYS - 8; Senators Alves, Celona, Graziano, McCaflrey, Montalbano, Haptakis, Huggerio, Walton.
86. (98-H 8122) (Substitute "A") An Act relating to emotionally disturbed children.
Ordered on the Calendar for passage of Substitute "A" in concurrence.
Senator Izzo moves passage, seconded by Senators Sosnowski, Roberts, Gibbs, Parella, Lenihan 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, Bales, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, I;';zo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Monlalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palaz;zo, Parella, Patterson, Polisena, Raplakis, Hevens, Roberts, Honey, Huggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
43. (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.
Senator Lenihan moves passage, seconded by Senators Polisena, Oster, Patterson, Roberts, Sasso and others.
Senator Lenihan, seconded by Senators Paiva Weed, Oster and others, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(98-H 7888) (Substitute "B")
Mr. President;
I hereby move to amend (98-H 7888) (Substitute "B,') entitled "AN ACT RELATING TO PUBLIC RECORDS", as follows:
On page 2, line 8, by adding the following language after the word "messages":
except specifically for any electronic mail messages of or to elected officials with or relating to those they represent and correspondence of or to elected officials in their official capacities."
On page 2, line 12, by adding the following language after "(A) (1)";
"All records which are identifiable to an individual applicant for benefits, clients, patient, student or employees; including, but not limited to, personnel, medical treatment, welfare, employment security, pupil records, all records".
On page 2, line 14, by deleting the words "protected by the" and inserting the following: "relating to a".
On page 2, line 15, by deleting the words "or doctor/patient" after the words "client/attorney".
On page 2, line 15, by deleting the language: "or records which are identifiable to an individual reflecting medical information or psychological fact."
On page 2, line 15, by adding the language: "and to a doctor/patient relationship, and all" after the word "relationship".
On page 2, line 15, by deleting the word "Records".
On page 2, line 16, by deleting the word "reflecting".
On page 2, line 16, by adding the words "or medical" after the word "personal".
On page 2, line 16, by deleting the after the word files
On page 2, line 17, by adding the following language after the word to : 'medical or psychological fact".
On page 2, line 19, by deleting the after the word "body".
On page 2, line 19, by deleting the language "where the disclosure would constitute a".
On page 2, by deleting all of the language on lines 20 and 21.
On page 2, line 22, by deleting the word "court".
On page 2, line 22, by adding the language: ''provided, however with''.
On page 2, line 22, by deleting the word "With".
On page 2, line 22, by deleting the following language: ''information deemed public shall include".
On page 2, line 26, by adding the words "shall be public" after the word "termination".
On page 4, line 8, by deleting the language
"considered and/or used" after the word
submitted".
On page 4, line 9, by deleting the following I~anguage after the language "public body":
except as otherwise exempted from disclosure under sections 38-2-2(4)(i)(A)(1) and 38-2-2(4)(i)(E)".
On page 5, by deleting all of the language on lines 16 through 19 inclusive and inserting the following language in place thereof:
"(ii) However, any reasonably segregable portion of a public record excluded by this section shall be available for public inspections after the deletion of the information which is the basis of the exclusion, if disclosure of the segregable portion does not violate the intent of this section."
On page 7, line 8, by adding the following anguage after the word "denial":
"Except for good cause shown, any reason not specifically set forth in the denial shall be deemed waived by the public body."
On page 7, line 17, by deleting the language "Except for good cause shown, any reason not specifically set forth in the first determination shall be deemed waived by the public body."
On page 8, line 2, by deleting the words "the petitioner" and inserting the following language in place thereof: "any party, or sua sponte by the court made in accordance with the rules of civil procedure of the superior court".
On page 8, by adding the following language after line 2:
"(d) The court shall impose a civil fine not exceeding one thousand dollars ($1,000) against a public body or official found to have committed a knowing and willful violation of this chapter, and shall award reasonable attorney fees and costs to the prevailing plaintiff. The court shall further order a public body found to have wrongfully denied access to public records to provide the records at no cost to the prevailing party; provided, further, that in the event that the court, having found in favor of the defendant, finds further that the plaintiff's case lacked a grounding in fact or existing law or in good faith argument for the extension, modification, or reversal of existing law, the court may award attorneys fees and costs for the prevailing defendant.".
On page 8, by deleting all of the language on lines 10 through 18 both inclusive.
Respectfully submitted,
J. MICHAEL LENIHAN
Senator, District 22
Senator Lenihan, seconded by Senator Paiva Weed and others, offers the following written motion to amend the amendment:
FLOOR AMENDMENT
TO
(98-H 7888) (Substitute "B")
Mr. President:
I hereby move to amend (98-H 7888) (Substitute "B") entitled "AN ACT RELATING TO PUBLIC RECORDS", as follows:
On page 3 of the amendment, on the third from the last line, change the word shall to may
Respectfully submitted,
J. MICHAEL LENIHAN
Senator, District 22
The motion to amend the amendment prevails upon a roll call vote with 42 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS 42; Senators Algiere, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Issa, Izzo, Kells, Kelly, Lenihan, McCaftrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Revens, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
Senator Lenihan, seconded by Senator Paiva Weed and others, moves the amendment as amended.
Senators Donelan, Roney and Lenihan discuss the amendment.
The motion to amend prevails upon a roll call vote with 36 Senators voting in the affirmative and 9 Senators voting in the negative as follows:
YEAS - 36; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Coderre, Connors, Cole, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Izzo, Kells, Kelly, Lenihan, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Patterson, Polisena, Raplakis, Revens, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Tavares.
NAYS - 9; Senators Cicilline, Donelan, Graziano, Issa, McBurney, McCaffrey, Montalbano, Palazzo, Walaska.
Upon motion of Senator Lenihan, seconded by Senator Coderre and others, the bill marked Substitute "B" is read and passed, as amended, and the original bill and the bill marked Substitute "A" indefinitely postponed, upon a roll call vote with 39 Senators voting in the affirmative and 5 Senators voting in the negative as follows:
YEAS - 39; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Coderre, Connors, Cole, Damiani, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McDonald, Nygaard, O'Leary, Oster, Paiva Weed, Parella, Patterson, Polisena, Raptakis, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walaska.
NAYS - 5; Senators Donelan, McBurney, McCaffrey, Montalbano, Palazzo.
NEW BUSINESS
Senators Blais, Irons and Algiere present (98-S 3242) An Act relating to criminal procedure.
Senator Blais requests unanimous consent for immediate consideration.
Senator Alves objects.
Upon motion of Senator Blais, seconded by Senator Irons, immediate consideration is granted, upon a roll call vote with 34 Senators voting in the affirmative and 8 Senators voting in the negative as follows:
YEAS - 34; Senators Algiere, Badeau, Bales, Blais, Breene, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Enos, Fogarty, Gibbs, Goodwin, Irons, Izzo, Kells, Kelly, Lenihan, McDonald, Nygaard, Osler, Paiva Weed, Parella, Patterson, Polisena, Raptakis, Roberts, Huggerio, Sasso, SosnowsKi, Tavares, Walton.
NAYS - 8; Senators Alves, Caprio, Donelan, Graziano, McCaffrey, Montalbano, Palazzo, Walaska.
Upon motion of Senator Blais, seconded by Senators Breene, Bates, Roney, Polisena and others, and by unanimous consent, read and passed, under suspension of the rules, 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, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Donelan, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Monlalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Haplakis, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walaska,Walton.
NAYS -0.
CALENDAR
87. (98-H 8203) (Substitute "A") An Act relating to Rhode Island tourism and development.
Ordered on the Calendar for passage of Substitute "A" in concurrence.
Senator Goodwin moves passage, seconded by Senators Paiva Weed, Walton, Roney and others.
Senators Walaska, Goodwin and Paiva Weed discuss the act.
The bill marked Substitute "A" is read and passed, in concurrence, and the original bill indefinitely postponed, upon a roll call vote with 35 Senators voting in the affirmative and 8 Senators voting in the negative as follows:
YEAS - 35; Senators Algiere, Badeau, Bales, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Irons, Izzo, Kells, Kelly, Lenihan, Nygaard, O'Leary, Paiva Weed, Palazzo, Parella, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walton.
NAYS - 8; Senators Alves, Donelan, Issa, McCaffrey, Monlalbano, Patterson, Raplakis, Walaska.
97. (98-H 9267) An Act relating to motor and other vehicles-
parking facilities and privileges.
Ordered on the Calendar for passage in concurrence.
Senator Algiere requests unanimous consent for immediate consideration.
Senator Alves objects.
Upon motion of Senator Algiere, seconded by Senator Irons, immediate consideration is granted, upon a roll call vote with 31 Senators voting in the affirmative and 9 Senators voting in the negative as follows:
YEAS - 31; Senators Algiere, Badeau, Bates, Blais, Breene, Celona, Cicilline, Coderre, Connors, Cole, Enos, Fogarty, Gibbs, Goodwin, Izzo, Kells, Kelly, Lenihan, McDonald, O'Leary, Osler, Paiva Weed, Parella, Patterson, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walton.
NAYS - 9; Senators Alves, Caprio, Donelan, Graziano, Issa, McCaftrey, Monlalbano, Palazzo, Walaska.
Senator Algiere moves passage, seconded by Senator Blais and others.
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, Badeau, Bales, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Donelan, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, O'Leary, Osler, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Haptakis, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
88. (98-H 7959 as amended) An Act relating to the city of Newport boarding and landing fees.
Committee on Corporations recommends passage as amended in concurrence.
Senator Cicilline moves passage, seconded by Senators Paiva Weed and others.
The act is read and passed, as amended, in concurrence, upon a roll call vote with 33 Senators voting in the affirmative and 7 Senators voting in the negative as follows;
YEAS - 33; Senators Algiere, Badeau, Bates, Blais, Breene, Caprio, Cicilline, Coderre, Connors, Cole, Damiani, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Izzo, Kelly, McDonald, Nygaard, O'Leary, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Roberts, Honey, Sasso, Sosnowski, Tavares,Walton.
NAYS - 7; Senators Alves, Celona, Kells, McCa~ey, Montalbano, Raptakis, Walaska.
89. (98-H 8847) An Act relating to the collection of taxes generally.
Committee on Corporations recommends passage in concurrence.
Senator Irons moves passage, seconded by Senators Enos, Parella, Nygaard and others.
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, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Enos, Fogarty, Gibbs, Graziano, Irons, Issa, Izzo Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano' Nygaard, O'Leary, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Haptakis, Roberts, Honey, Huggerio, Sasso, Sosnowski, Tavares, Walton.
NAYS -0.
90. (98-H 8860) An Act relating to collection of taxes generally.
Committee on Corporations recommends passage in concurrence.
Senator Irons moves passage, seconded by Senators Nygaard, Parella and others.
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, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Enos, Fogarty, Gibbs, Graziano, Irons, Izzo, Kells Kelly, Lenihan, McDonald, Nygaard, O'Leary, Paiva Weed' Palazzo, Parella, Polisena, Raplakis, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Walton.
NAYS - 3; Senators McCaffrey, Montalbano, Walaska.
SUSPENSION OF THE RULES
Upon suggestion of Senator Irons, seconded by Senator Connors and others, the Senate suspends the rules relating to the time of adjournment, upon a voice vote.
CALENDAR
91. (98-H 9116) An Act relating to taxation collection of taxes generally.
Committee on Corporations recommends passage in concurrence.
Senator Irons moves passage, seconded by Senator Graziano.
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, Bales, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Enos, Fogarty, Gibbs, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'I-eary, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Haptakis, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
92. (98-H 9148 as amended) An Act relating to towns and cities-
redevelopment projects.
Committee on Corporations recommends passage as amended in concurrence.
Senator Irons moves passage, seconded by Senator Enos and others.
The act is read and passed, as amended, in concurrence, upon a roll call vote with 42 Senators voting in the affirmative and 1 Senator voting in the negative as follows:
YEAS - 42; Senators Algiere, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Raptakis, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS - 1; Senator Alves.
93. (98-H 9271) An Act relating to military affairs and defense-
burial of veterans.
Ordered on the Calendar for passage in concurrence.
Senator Kells requests unanimous consent for immediate consideration.
Senator Alves objects.
Upon suggestion of Senator Kells, seconded by Senator Enos and others, immediate consideration is granted, upon a roll call vote with 40 Senators voting in the affirmative and 1 Senator voting in the negative as follows:
YEAS - 40; Senators Algiere, Badeau, Bales, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Enos, Fogarty, Gibbs, Graziano, Irons, Issa, Izzo, Kells, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Osler, Paiva Weed, Parella, Patterson, Polisena, Raplakis, Roberts, Honey, Huggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS - 1; Senator Alves.
Senator Kells moves passage, seconded by Senators Patterson, Celona, Raptakis and others.
The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 42 Senators voting in the affirmative and 0 senators voting in the negative as follows:
YEAS - 42; Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Enos, Fogarly, Gibbs, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Monlalbano, Nygaard, O'Leary, Oster, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Haptakis, Roberts, Honey, Huggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
94. (98-S 2023) (Substitute "A" as amended) An Act relating to criminal procedure - elederly violence prevention act.
Ordered on the Calendar for passage of Substitute "A" as amended in concurrence.
Senator Damiani moves passage, seconded by Senators Polisena, Connors, Coderre 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 42 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 42; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Enos, Gibbs, Graziano, Irons, Issa, Izzo, Kells, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Osler, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Haptakis, Roberts, Honey, Huggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
95. (98-S 2697) (Substitute "B") An Act relating to divorce and separation.
Ordered on the Calendar for passage of Substitute "B" in concurrence.
Senator Sasso moves passage, seconded by Senator Graziano and others.
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 43 Senators voting in the affirmative and 0 Senators voting in the negative a$ follows:
YEAS - 43; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cole, Damiani, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Lenihan, McCaffrey, McDonald, Montalbano, Nygaard, O'Leary, Osler, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Haptakis, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
96. (98-S 2835 as amended) An Act relating to businesses and professions.
Ordered on the Calendar for passage as amended in concurrence.
Senator Roney moves passage, seconded by Senators Roberts, Coderre, Paiva Weed 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, Cole, Damiani, Enos, Fogarty, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo Kells, Kelly, Lenihan, McCaflrey, McDonald, Montalbano, Nygaard, O'Leary, Osler, Paiva Weed, Palazzo, Parella, Patterson, Polisena, Raplakis, Roberts, Honey, Ruggerio, Sasso, Sosnowski, Tavares, Walaska, Walton.
NAYS -0.
4. (98-S 2780) (Substitute "A") An Act relating to rates of payment to nursing facilities.
Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A.
Upon suggestion of Senator Enos, seconded by Senator Coderre, the item is ordered to be placed on the desk, upon a roll call vote with 25 Senators voting in the affirmative and 11 Senators voting in the negative as follows:
YEAS - 25; Senators Badeau, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Fogarty, Goodwin, Irons, Izzo, Kells, Kelly, Lenihan, McDonald, Nygaard, Oster, Paiva Weed, Patterson, Polisena, Roberts, Honey, Sosnowski, Tavares, Walton.
NAYS - 11; Senators Alves, Blais, Caprio, Graziano, Issa, McCaffrey, Montalbano, Palazzo, Haptakis, Ruggerio, Walaska.
NEW BUSINESS
Senator Fogarty presents (98-S 3243) Senate Resolution congratulating St. Theresa's Parish on the Shrine of the Little Flower of Jesus on the joyous celebration of their 75th Anniversary.
Senator Fogarty requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Fogarty, seconded by the entire Senate, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.
Senators O'Leary, Izzo, Roberts and Sasso present (98-S 3244) Senate Resolution thanking the Cranston Police Department's "Special
Response Team" for its dedication and diligence inprotecting the Vice-President on his recent visit to Rhode Island.
Senator O'Leary requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator O'Leary, seconded by the entire Senate, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.
Senators Kelly and Algiere present (98-S 3245) Senate Resolution extending condolences.
Senator Kelly requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Kelly, seconded by Senator Algiere, and by unanimous consent, read and passed, under suspension of the rules, upon a rising vote.
TRANSMITTAL
By unanimous consent, all matters on the Clerk's desk are ordered to be transmitted to His Excellency, the Governor or to the Honorable House of Representatives forthwith.
ADJOURNMENT
Upon motion of Senator Kelly, seconded by Senator Algiere, and upon suggestion of Senator Tavares, the Senate adjourns at 11:18 o'clock P.M., on a unanimous rising vote, as a further mark of respect to the memories of Sister Adelaide Canelas, S.S.D. and Mary Bicho.
RAYMOND T. HOYAS, JR.
Clerk of the Senate
Appendix
INVOCATION
SENATOR JOSEPH M. POLISENA
Guide us this day,Lord, towards a deeper understanding of the needs, concerns, and frustralions of our fellow man. Instill in is Your spirit so that we may be instrumental in assisting them in their needs and bringing them peace. Amen.
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