SENATE JOURNALS 06-17-1999

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 fifth day of January in the year of Our Lord one thousand nine hundred and ninety-nine.

Volume 126, No. 67 Thursday, June 17, 1999 Sixty-seventh Day

The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Charles J. Fogarty, at 1:20 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, Celona, Cicilline, Coderre, Connors, Gate, Damianl, DaPonte, Doneian, Enos, Felag, Flynn, Fogarty, Calia, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan. McBurney, McCaftrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ru~gerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

ABSENT - 1; Senator Caprio.

INVOCATION

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

(See Appendix for Invocation)

PLEDGE OF ALLEGIANCE TO THE FLAG

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

APPROVAL OF RECORD The Senate Journals of Tuesday, June, 15, 1999, and Wednesday, June 16, 1999 proceedings is read in part.

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

FROM THE

HOUSE OF REPRESENTATIVES

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

(99H 6587) An Act reinstating and restoring forfeited or revoked corporate charters.

Read and ordered to be placed on the Consent Calendar.

Also:

(99-H 6493) An Act reinstating and restoring forfeited or revoked corporate charters.

Read and ordered to be placed on the Consent Calendar.

Also:

(99-S 111 as amended) An Act relating to labor - penalties for unlicensed work.

Read and ordered to be placed on the Calendar.

Also:

(99-S 180 as amended) An Act relating to public utilities and carriers - towing storage act.

Read and ordered to be placed on the Calendar.

Also:

(99-S 367) (Substitute "B,') An Act relating to health and safety tattooing and body piercing.

Read and ordered to be placed on the Calendar.

Also:

(99-S 552) (Substitute "A" as amended) An Act relating to liability companies and limited partnerships formation, conversion, and cancellation.

Read and ordered to be placed on the Calendar.

Also:

(99-S 569 as amended) An Act relating to motor vehicles.

Read and ordered to be placed on the Calendar.

Also:

(99-S 600) (Substitute "A" as amended) An Act relating to education Board of Governors for Higher Education.

Read and ordered to be placed on the Calendar.

Also:

(99-S 705) (Substitute "A" as amended) An Act relating to health and safety - babies' changing tables.

Read and ordered to be placed on the Calendar.

Also:

(99-S 712) (Substitute "A") An Act relating to health care facilities.

Read and ordered to be placed on the Calendar.

Also:

(99-H 5892) (Substitute "A" as amended) An Act relating to motor and other vehicles - registration of vehicles.

Read and ordered to be placed on the desk.

Also: (99-H 5886) An Act relating to highways. Read and ordered to be placed on the desk.

Also:

(99-H 5259) (Substitute "A" as amended) Joint Resolution creating a special legislative commission to investigate the status of health care and HMO liability in the state of Rhode Island.

Read and referred to the Committee on Corporations.

Also:

(99-H 5273) (Substitute "A") An Act relating to health care services utilization review act.

Read and referred to the Committee on Corporations.

Also:

(99-H 5572) An Act relating to real estate sales disclosures.

Read and referred to the Committee on Corporations.

Also:

(99-H 6016) (Substitute "A") An Act relating to levy and assessment of local taxes.

Read and referred to the Committee on Corporations.

Also:

(99-H 6264) An Act relating to motor vehicle reparations act.

Read and referred to the Committee on Corporations.

Also:

(99-H 6433) An Act relating to motor and others - lighting equipment and reflectors.

Read and referred to the Committee on Corporations.

Also:

(99-H 6474) An Act relating to public property and works - state purchases.

Read and referred to the Committee on Corporations.

Also:

(99-H 6496) An Act authorizing the city of Woonsocket to finance the acquisition, construction, renovation, improvement, alteration, furnishing, equipping and demolition of schools and other educational facilities in the city, including but not limited to, the Harris School.

Read and referred to the Committee on Corporations.

Also:

(99-H 6497) An Act authorizing the city of Woonsocket to finance an addition to, and the construction, renovation, improvement, repair and furnishing of the Harris Public Library and the grounds around the library, including but not limited to, window and roof repair or replacement, parking facilities, landscaping, utilities and lighting by the issuance of not more than $3,000,000 bonds and/or notes therefor.

Read and referred to the Committee on Corporations.

Also:

(99-H 6498) An Act exempting from taxation a portion of real, mixed and personal property of Warren Preservation Society.

Read and referred to the Committee on Corporations.

Also:

(99-H 6502) An Act authorizing the Newport Public Library to increase its holding to an amount not exceeding ten million dollars $10,000,000.

Read and referred to the Committee on Corporations.

Also:

(99-H 6508 as amended) An Act relating to Burrillville establishment of municipal court.

Read and referred to the Committee on Corporations.

Also:

(99-H 6521) An Act concerning tax relief for the elderly citizens of North Kingstown.

Read and referred to the Committee on Corporations.

Also:

(99-H 6522) An Act relating to the town of North Kingstown.

Read and referred to the Committee on Corporations.

Also:

(99-H 6565) An Act relating to authorizing the city of Pawtucket to add a resident to the town of Cumberland to the Pawtucket Water Supply Board.

Read and referred to the Committee on Corporations.

Also:

(99-H 6566) An Act relating to weights and measures - gasoline and petroleum products.

Read and referred to the Committee on Corporations.

Also:

(99-H 6578) An Act validating and ratifying amendments to the home rule charter of the town of Bristol.

Read and referred to the Committee on Corporations.

Also:

(99-H 6579) An Act relating to agriculture and forestry - tree wardens.

Read and referred to the Committee on Corporations.

Also:

(99-H 5565) (Substitute "A" as amended) An Act creating a special legislative commission to study the mechanics liens laws and to make recommendations therefor.

Read and referred to the Committee on Judiciary.

Also:

(99-H 6298) An Act relating to health and safety - health care power of attorney.

Read and referred to the Committee on Judiciary.

Also:

(99-H 6403) (Substitute "A") Joint Resolution creating a special legislative commission to study vacancies in the General Assembly and methods employed in filling such vacancies.

Read and referred to the Committee on Judiciary.

Also:

(99-H 6451) (Substitute "A") An Act relating to labor and labor relations - fair employment practices.

Read and referred to the Committee on Judiciary.

Also:

(99-H 6490) (Substitute "A") An Act relating to graduated licensing - medical hardship.

Read and referred to the Committee on Judiciary.

Also: (99H 5985) (Substitute "A") An Act relating to taxation - gasoline tax.

Read and referred to the Committee on Finance.

Also:

(99-H 6105) (Substitute "A") An Act relating to state investment commission.

Read and referred to the Committee on Finance.

Also:

(99-H 5872 as amended) An Act relating to scenic highways.

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

Also:

(99-H 6092) (Substitute "A" as amended) An Act relating to education - certification of teachers.

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

Also:

(99-H 6183) (Substitute "A") An Act relating to health - ovarian cancer education.

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

Also:

(99-H 6274) An Act relating to alcoholic beverages - retail licenses.

Read and referred to the Committee on Special Legislation.

REPORTS OF COMMITTEES

COMMITTEE ON LABOR

Senator Badeau, from the Committee on Labor, reports back, with recommendation of passage of the following measures:

(99-S 1013) (Substitute "A") Senate Resolution creating a special Senate commission to study the licensure of industrial forklift operators and to make recommendations therefor.

Read and ordered to be placed on the Consent Calendar.

COMMITTEE ON
HEALTH, EDUCATION AND WELFARE

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

(99-S 282) (Substitute "A") An Act relating to state affairs and government - Children, Youth and Families.

Read and ordered to be placed on the Calendar.

(99-S 719) (Substitute "A") An Act relating to motor vehicles - school buses and child care vehicles.

Read and ordered to be placed on the Calendar.

(99-H 5815) (Substitute "A" as amended) An Act relating to health care accessibility - assurance.

Read and ordered to be placed on the Calendar.

(99-H 5866) (Substitute "A" as amended) An Act relating to education - adult education.

Read and ordered to be placed on the Calendar.

(99-H 5969) (Substitute "A" as amended) An Act relating to motor and other vehicles - miscellaneous rules.

Read and ordered to be placed on the Calendar.

(99-H 6069) An Act relating to human services - medical assistance.

Read and ordered to be placed on the Calendar.

(99-H 6096 as amended) An Act relating to businesses and professions interpretation for the deaf.

Read and ordered to be placed on the Calendar.

(99-H 6099) An Act relating to health and safety - Commission on Deaf and Hearing Impaired.

Read and ordered to be placed on the Calendar.

(99-H 6389) (Substitute "A") An Act relating to mental health, retardation and hospitals -substance abuse.

Read and ordered to be placed on the Calendar.

NEW BUSINESS

Senators Gibbs and Paiva Weed present (99-S 1077) An Act authorizing the town of Middletown to borrow up to $12,000,000 for the purpose of financing the construction, improvement, renovation, furnishing and equipping of a senior center, school buildings, library facilities and a public safety complex through the issuance of its general obligation notes or bonds.

Senator Gibbs requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator Gibbs, seconded by Senator Paiva Weed, and by unanimous consent, read and passed, under suspension of the rules, 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, Celona, Coderre, Connors, Gate, Damiani, DaPante, Daneian, Enos, Felag, Flynn, I'ogarty, Galia, Gibbs, Goodwin, Graziano, Igliozzi, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Oster, Parella, Patterson, Perry, Revens, Roberts, Roney, Sasso, Sosnowsl:i, Tacco, Walasl:a, Walsh, Walton.

NAYS -O.

Senators Parella, Felag and Enos present (99-S 1078) Senate Resolution congratulating the Mount Hope High School Band on their recent award winning performance in Orlando, Florida.

Senator Parella requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senators Kelly, Enos, Coderre, Blais, Walsh and others present (99-S 1079) Senate Resolution extending congratualtions to Senate Minority Leader Dennis L. Algiere for being named the Greater Westerly-Pawcatuck Area Chamber of Commerce 1999 Citizen of the Year.

Senator Kelly requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

CONSENT CALENDAR

In order for the day is taken up as follows:

Upon motion of Senator Kelly, seconded by Senator Algiere, the following measures on today's Consent Calendar, by unanimous consent, are read and passed upon a voice vote:

1. (99-S 1054) Senate Resolution requesting the Board of Governors for Higher Education to provide for nonsectarian invocation at future commencement ceremonies.

2. (99-S 1059) Senate Resolution extending the reporting date of the special commission to study the association between and amongst domestic violence, child abuse and animal abuse.

CALENDAR

In order for the day is taken up as follows:

1. (99-H6167) (Substitute "A" as amended) An Act making appropriations for the support of the state for the fiscal year ending June 30, 2000.

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

Senator Lenihan moves passage, seconded by Senators Kelly, Enos, Coderre, Walton, Perry, Goodwin, Algiere, Irons, Roberts, Roney, Tocco and many others.

Senator Graziano offers a written motion to amend.

Senator Lenihan, recognized on a point of order, suggests the amendment is not properly before the body.

The Chair rules the amendment is not properly before the body.

Senator Blais, recognized on a point of order, suggests the amendment is properly before the body.

The Chair rules the amendment is not properly before the body.

Senator Blais appeals the ruling of the Chair.

The ruling of the Chair is sustained, upon a roll call vote with 29 Senators voting in the aifirmative and 16 Senators voting in the negative as follows:

YEAS - 29: Senators Badeau, Celona, Ciciliine, Caderre, Connors, Gate, DaPonte, Enas, Felag, Fogarty, Galia, Goodwin, Igliazzi, Irons, Izzo, Kelis, Kelly, Lenihan, MoDonald, Paiva Weed, Patterson, Perry, Rantakis, Revens, Roberts, Ru~gerio, Sosnawsl:i, Tacco, Walton.

NAYS - 16; Senators Algiere, Aives, Bates, Blais, Breene, Doneian, Flynn, Gibbs, Graziana, Issa, McCaftrey, Montaibana, Oster, Parelia, Sasso, Walaska.

Senator Oster offers a written motion to amend.

Senator Lenihan, recognized on a point of order, suggests the amendment is not properly before the body.

The Chair rules the amendment is not properly before the body.

Senator Oster appeals the ruling of the Chair.

The ruling of the Chair is sustained, upon a roll call vote with 26 Senators voting in the afiirmative and20 Senators voting in the negative as follows:

YEAS - 26; Senators Badeau, Celona, Cicilline, Coderre, Gate, Damiani, DaPonte, Enos, Felag, Galia, Goodwin, Igliozzi, Irons, Izzo, Kelly, Lenihan, M"Donald, Paiva Weed, Perry, Raptal:is, Revens, Roberts, Ruggerio, Sosnowski, Tacco, Walton.

NAYS - 20: Senators Algiere, Alves, Bates, Blais, Breene, Connors, Doneian, Flynn, Fogarty, Gibbs, Graziana, Issa, Keiis, McCaffrey, Montalbano, Oster, Parella, Patterson, Sasso, Walasl:a.

Senator Patterson, seconded by Senators Flynn, Blais and Breene, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(99-H 6167) (Substitute "A" as amended)

Mr. President:

I hereby move to amend (99-H 6167) (Substitute "A" as amended) entitled "JOINT RESOLUTION MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2000", as follows:

In Article 1, on page 25 at line 15, by deleting the number "682.4" and by substituting in place thereof the number "671.0".

Respectfully submitted,

JOHN PATTERSON
Senator, District 23

Senator Lenihan discusses the amendment.

The motion to amend fails of passage upon a roll call vote with 12 Senators voting in the affirmative and 35 Senators voting in the negative as follows:

YEAS - 12: Senators Algiere, Bates, Blais, Breene, Flynn, Gibbs, Graziano, Issa, Oster, Patterson, Sasso, Waiaska.

NAYS - 36: Senators Badeau, Celona, Cicilline, Coderre, Connors, Gate, Damiani, DaPonte, Doneian, Enas, Feiag, Fogarty, Galia, Goodwin, Igliozzi, Irons, Izza, Keils, Kelly, Lenihan, McBurney, McCa:lIrey, McDanaid, Montalbana, Paiva Weed, Pareiia, Perry, Raptakis, Revens, Roberts, Raney, Ruggeria, Sosnowski, Tocoo, Walton.

Senator Gibbs offers a written motion to amend.

Senator Lenihan, recognized on a point of order, suggests the amendment is not properly before the body.

The Chair rules the amendment is not properly before the body.

Senator DoneIan, recognized on a point of order, suggests the misuse of Senate Rules.

The Chair rules the Senate Rules are not being misused.

Senator Gibbs appeals the ruling of the Chair.

The ruling of the Chair is sustained, upon a roll call vote with 28 Senators voting in the affirmative and 19 Senators voting in the negative as follows:

YEAS - 28: Senators Badeau, Celona, Ciciliine, Coderre, Gate, Damiani, DaPonte, Enos, Feiag, Fo~arty, Galia, Goodwin, Igliazzi, Irons, I:':za, Kelly, Lenihan, McBurney, McDanald, Paiva Weed, Perry, Raptal:is, Revens, Roberts, Ruggerio, Sasnowsl:i, Tacco, Walton.

NAYS - 19: Senators Algiere, Alves, Bates, Biais, Breene, Connors, Doneian, Flynn, Gibbs, Graziana, Issa, Kells, ~cCaffrey, Montalbana, Oster, Parella, Patterson, Sassa, Walaska.

Senator Walaska offers a written motion to amend.

Senator Lenihan, recognized on a point of order, suggests the amendment is not properly before the body.

The Chair rules the amendment is not properly before the body.

Senator Alves appeals the ruling of the Chair.

The ruling of the Chair is sustained, upon a roll call vote with 30 Senators voting in the affirmative and 17 Senators voting in the negative as follows:

YEAS - 30: Senators Aigiere, Badeau, Celona, Ci"illine, Caderre, Connors, Gate, Damiani, DaPonte, Enos, Felag, Fogarty, Galia, Goodwin, Igliozzi, Irons, Izza, Kelly, Lenihan, McBurney, McDonald, Paiva Weed, Perry, Raptal:is, Revens, Roberts, Ruggerio, Sosnowsl:i, Tocca, Walton.

NAYS - 17; Senators Alves, Bates, Blais, Breene, Doneian, Flynn, Gibbs, Graziano, Issa, Kells, McCaffrey, l'Iontaibana, Oster, Parella, Patterson, Sasso, Walaska.

Senators Patterson and Lenihan discuss the procedures during discussion of the act before the body.

Senator Walaska offers a written motion to amend.

Senator Lenihan, recognized on a point of order, suggests the amendment is not properly before the body.

The Chair rules the amendment is not properly before the body.

Senator Alves appeals the ruling of the Chair.

The ruling of the Chair is sustained, upon a roll call vote with 29 Senators voting in the affirmative and 17 Senators voting in the negative as follows:

YEAS - 29: Senators Badeau, Celona, Cicilline, Coderre, Connors, Gate, Darniani, DaPante, Enos, Felag, Fogarty, Galia, Goodwin, Igiiazzi, Irons, Izza, Kelly, Lenihan, McBurney, McDonald, Paiva Weed, Perry, Raptal:is, Revens, Roberts, Ruggeria, Sosnowski, To"ca, Walton.

NAYS 17: Senators Algiere, Alves, Bates, Breene, Daneian, Flynn, Gibbs, Graziano, Issa, Kelis, McCaffrey, Mantalbana, Oster, Parella, Patterson, Sasso, Walasl:a.

Senator Walaska, seconded by Senators McDonald, McCaffrey and others, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(99-H 6167) (Substitute "A" as amended)

Mr. President:

I hereby move to amend (99-H 6167) (Substitute "A" as amended) entitled "JOINT RESOLUTION MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2000", as follows:

By adding the following new article to be given the next available article number:

ARTICLE ____

SECTION 1. Section 45-13-5.1 of the General Laws in Chapter 45-13 entitled "State Aid" is hereby amended to read as follows:

45-13-5.1 GENERAL ASSEMBLY

APPROPRIATIONS IN LIEU OF PROPERTY TAX FROM CERTAIN EXEMPT PRIVATE AND STATE PROPERTIES. - (a) In lieu of the amount of local real property tax on real property owned by any private nonprofit institution of higher education, or any nonprofit hospital facility, or any state owned and operated hospital, veterans' residential facility, or correctional facility occupied by more than 100 residents or any airport serving over one million (1,000,000 passngers a year which may have been or will be exempted from taxation by applicable state law, exclusive of any such facility operated by the federal government, the state of Rhode Island, or any subdivision thereof, the general property lies a sum equal to twenty-seven percent (27%) of all tax that would have been collected had the property been taxable.

(b) As used in this section, "private nonprofit institution of higher education" means any institution engaged primarily in education beyond the high school level, the property of which is exempt from property tax under any of the subdivisions, and "nonprofit hospital facility" means any nonprofit hospital licensed by te state and which is used for the purpose of general medical, surgical, or psychiatric care and treatment.

(c) The grant payable to any municipality under the provision of this section shall be equal to twenty-seven (27%) of the property taxes which, except for the exemption to any institution of higher education or general hospital facility, would have been paid with respect to that exempt real property on the assessment list in the municipality for the assessment date of December 31, 1986 and with respect to such exempt real property appearing on an assessment list in the municipality on succeeding assessment dates.

(d) The state budget offices shall include the amount of the annual grant in the state budget for the fiscal year commencing July 1, 1998 and each fiscal year thereafter. The amount of the grant payable to each municipality in any year in accordance with this section shall be reduced proportionately in the event that the total of those grants in each year exceeds the amount appropriated for the purposes of this section with respect to that year.

(e) Distribution of appropriations shall be made by the state on or before July 31 of 1988 and each July 31 thereafter, and the payments may be counted as a receivable by any city or town for a fiscal year ending the preceding June 30.

Any act or omission by the state with respect to this chapter shall in no way diminish the duty of any town or municipality to provide public safety or other ordinary services to the properties or facilities of the type listed in subsection (a).

(g) Provided, however, that payments authorized pursuant to this section shall be reduced pro rata, for such period of time that the municipality suspends or reduces essential services to eligible facilities. For the purposes of this section "essential services" shall include, but not be limited to, police, fire and rescue.

SECTION 2. This article shall take effect July 1, 1999

Respectfully submitted,

WILLIAM A. WALASKA
Senator, District 17

Senator Lenihan discusses the amendment.

The motion to amend fails of passage upon a roll call vote with 13 Senators voting in the affirmative and 34 Senators voting in the negative as follows:

YEAS - 13: Senators Alves, Breene, Doneian, Flynn, Graziano, Issa, McCaffrey, Montalbana, Oster, Parella, Patterson, Revens, Walasi:a.

NAYS - 34: Senators Algiere, Badeau, Bates, Celona, Cicilline, Caderre, Connors, Gate, Damiani, DaPonte, Enas, Felag, Fagarty, Galia, Gibbs, Goodwin, Igliozzi, Irons, Izzo, Kelis, Kelly, Lenihan, McBurney, McDanald, Paiva Weed, Perry, Raptakis, Roberts, Raney, Ruggeria, Sassa, Sasnowsl:i, Tacco,Walton.

Senator Alves offers a written motion to amend.

Senator Lenihan, recognized on a point of order, suggests the amendment is not properly before the body.

The Chair rules the amendment is not properly before the body.

Senator Issa appeals the ruling of the Chair.

The ruling of the Chair is sustained, upon a roll call vote with 31 Senators voting in the affirmative and 14 Senators voting in the negative as follows:

YEAS - 31: Senators Badeau, Bates, Celona, Cicilline, Coderre, Connors, Gate, Damiani, DaPonte, Enas, Fa~arty, Galia, Gibbs, Goodwin, Igliozzi, Irons, I:':za, Kelis, Kelly, Lenihan, McDonald, Paiva Weed, Patterson, Perry, Revens, Roberts, Raney, Ruggerio, Sasnowski, Tacco, Walton.

NAYS - 14: Senators Algiere, Alves, Biais, Breene, Felag, Flynn, Graziano, Issa, i'IcBurney, McGaftrey, l'Iontalbano, Parella, Sasso, Waiasi:a.

Senators Alves, Donelan, Oster, Irons, McCaffrey, Kelly, Graziano, Gibbs, Paiva Weed, Walaska, Parella, Lenihan, Roberts, Issa, Cicilline, Igliozzi, Raptakis, Kells, Connors and Flynn discuss the act.

The bill marked Substitute "A" is read and passed, as amended, in concurrence, and the original bill indefinitely postponed, upon a roll call vote with 44 Senators voting in the affirmative and 5 Senators voting in the negative as follows:

YEAS - 44: Senators Algiere, Badeau, Bates, Blais, Breene, Celana, Cicilline, Coderre, Connors, Gate, Damiani, DaPante, Enos, Felag, Flynn, Fogarty, Galia, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izza, Kells, Kelly, Lenihan, McBurney, McDonald, Montalbana, Paiva Weed, Pareila, Patterson, Perry, Raptal':is, Revens, Roberts, Raney, Ruggerio, Sasso, Sosnowsl:i, To"ca, Walsh, Walton.

NAYS -0.

Senator Lenihan expresses appreciation to the members of the Senate Finance Committee and staff members of the Senate Fiscal Office, especially Senate Fiscal Advisor Russell Dannacker for their tireless efforts on the state budget.

2. (99-S535) (Substitute "A" as amended) An Act relating to aeronautics uniform aeronautical regulatory act.

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

Senator Badeau moves passage, seconded by Senators Tocco, Patterson, Goodwin and others.

The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 48 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 48: Senators Algiere, Badeau, Bates, Blais, Breene, Ceiona, Cicilline, Goderre, Connors, Gate, Damiani, DaPonte, Doneian, Enos, Felag, Flynn, Fogarty, Galia, Gibbs, Goodwin, Graziano, Iglio:':zi, Irons, Issa, Izza, Kells, Kelly, Ienihan, McBurney, McGaf:'rey, McDonald, Montalbano, Oster, Paiva Weed, Pareila, Patterson, Perry, Raptal:is, Revens, Roberts, Roney, Rugg:erio, Sasso, Sosnawsi:i, Tocco, Walaska, Walsh, Walton.

NAYS -0.

5. (99-S301) (Substitute "A" as amended) An Act relating to mortgage loans.

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

Senator Enos moves passage, seconded by Senators Cote, Coderre, Cicilline and others.

Senators Issa, Enos and Paiva Weed discuss the act.

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 Alves, Badeau, Bates, Breene, Ceiona, Cicilline, Coderre, Connors, Gate, Damiani, DaPante, Daneian, Enas, Felag, Flynn, Fo~arty, Galia, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izza, Kells, Kelly, Lenihan, McCaf:'rey, McDanald, Montalbana, Oster, Paiva Weed, Parella, Patterson, Perry, Raptal:is, Revens, Roberts, Roney, Ruggeria, Sasso, Sasnawsl:i, Tocco, Walaska, Walsh, Walton.

NAYS -0.

6. (99-H5780) (Substitute "A") An Act relating to the Rhode Island Economic Development Corporation.

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

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, June 22, 1999.

7. (99-H6098) (Substitute "A") An Act relating to education- School for the Deaf.

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

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, June 22, 1999.

8. (99-H6128) (Substitute "A") An Act relating to taxation.

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

Senator Lenihan moves passage, seconded by Senators Tocco, Igliozzi 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 49 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS 49: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Gelana, Gicilline, Gaderre, Connors, Gate, Damiani, DaPonte, Doneian, Enas, Felag, Flynn, Fagarty, GalIa, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izza, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbana, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walasl':a, Walsh, Walton.

NAYS -0.

3. (99-S616) An Act relating to health care for children and pregnant women.

Committee on Finance recommends passage.

Senator Paiva Weed moves passage, seconded by Senators Lenihan, Perry, Kells, Parella, Roney and Roberts.

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

YEAS - 48: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Celona, Cicilline, Coderre, Connors, Gate, Damiani, DaPonte, DaneIan, Enos, Fela~, Flynn, Fagarty, GalIa, Gibbs, Goodwin, Graziana, Igliar:zi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, l'IcBurney, McGaffrey, McDanald, Montalbana, Gster, Paiva Weed, Parella, Patterson, Perry, Raptal:is, Revens, Roberts, Roney, Ruggerio, Sassa, Sosnowsl::i, Tacca, Waiasl:a, Walton.

NAYS -0.

4. (99-S918) An Act relating to health care.

Committee on Finance recommends passage.

Senator Paiva Weed moves passage, seconded by Senators Enos, Lenihan, Kels, Gibbs, Tocco and others.

Senators Patterson, Paiva Weed and Irons discuss the act.

The act is read and passed, by unanimous consent, upon a roll call vote with 49 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS 49: Senators Alfflere, Aives, Badeau, Bates, Biais, Breene, Gelona, Gicilline, Goderre, Connors, Gate, Damiani, DaPonte, Daneian, Enas, Felag, Flynn, Fagarty, Galia, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izza, Kells, Kelly, Lenihan, McBurney, McGaffrey, McDonald, Montaibana, Oster, Paiva Weed, Pareila, Patterson, Perry, Rantal:is, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walasl:a, Walsh, Walton.

NAYS -0.

ANNOUNCEMENTS

Senator Cote announces that the Committee on Corporations will meet today at the rise of the Senate in Room 212 of the State House.

Also:

Senator Lenihan announces that the Committee on Finance will meet today at the rise of the Senate in Room 211 of the State House.

Also:

Senator Goodwin announces that the Committee on Judiciary will meet today at the rise of the Senate in Room 313 of the State House.

TRANSMITTAL

By unanimous consent, (99-H 6128) and (99-H 6167) (Substitute "A" as amended), all Senate matters and all House matters that have been amended by the Senate, are ordered to be transmitted to His Excellency, the Governor or to the Honorable House of Representatives forthwith.

CORRECTION

The Senate Journal of Tuesday, June 8, 1999, shall be corrected to record the following acts (99-S 896) (Substitute "A"), (99-S 897) (Substitute "A") and (99-S 898 as amended), as being received from the House of Representatives and placed on the Calendar and not referred to the Committee on Corporations.

ADJOURNMENT

Upon motion of Senator Kelly, seconded by Senator Algiere, and upon suggestion of Senator Parella, the Senate adjourns at 3:27 o'clock P.M., on a unanimous rising vote, as a further mark of respect to the memory of Roswell 5. Bosworth of Bristol, 100 years old, former editor of the Bristol Phoenix and publisher of the East Bay Newspapers.

RAYMOND T. HOYAS, JR.
Clerk of the Senate

Appendix

INVOCATION

SENATOR V. SUSAN SOSNOWSKI
Heavenly Father, we ask you to teach us to give and not count the cost, and to labor and not ask far rewards. Abave all teach us that it is only what we give in love and service to others which endures forever. Amen.

Appendix

CONSENT CALENDAR

In order for Tuesday, June 22, 1999:

1. (99-S 1013) (Substitute "A") Senate Resolution creating a special Senate commission to study the licensure of industrial forklift operators and to make recommendations therefor.

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

2. (99-H6493) An Act reinstating and restoring forfeited or revoked corporate charters. Ordered on the Consent Calendar.

3. (99-H6587) An Act reinstating and restoring forfeited or revoked corporate charters. Ordered on the Consent Calendar.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Thursday, June 17, 1999

Appendix

CALENDAR In order for Tuesday, June 22, 1999:

1. (99-S765) (Substitute "A") An Act relating to transportation of beverages.

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

2. (99-S 886) (Substitute "A" as amended) An Act relating to waters and navigation - coastal and estuary habitat restoration program and trust fund.

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

3. (99-S999) (Substitute "A") An Act relating to state affairs and government - Department of Environmental Management.

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

4. (99-S815) An Act relating to retail licenses.

Committee on Special Legislation recommends passage.

5. (99-S976) An Act relating to alcoholic beverages - retail licenses.

Committee on Special Legislation recommends passage.

6. (99-S1019) An Act relating to alcoholic beverages - retail licenses.

Committee on Special Legislation recommends passage.

7. (99-S1062 as amended) An Act relating to animals - state veterinarian.

Committee on Special Legislation recommends passage, as amended.

8. (99-H5780) (Substitute "A") An Act relating to the Rhode Island Economic Development Corporation.

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

9. (99-H 6098) (Substitute "A") An Act relating to education- School for the Deaf.

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

10. (99-H6141) An Act relating to businesses and professions- electricians.

Committee on Labor recommends passage in concurrence.

11. (99-H 6327) (Substitute "A" as amended) An Act relating to corporations, associations and partnerships - limited liability partnerships and the Rhode Island Limited Liability Company Act.

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

12. (99-H 5275) (Substitute "B" as amended) Joint Resolution creating a special legislative commission to investigate the best method of promoting the finding and hiring additional minority teachers in Rhode Island public school.

Committee on Health, Education and Welfare recommends passage of Substitute "B" as amended. 13. (99-H 5285 as amended) An Act relating to health and safety - registration of nursing assistants.

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

14. (99-H5830) An Act relating to dentists and dental hygienists.

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

15. (99-H5853 as amended) An Act relating to businesses and professions "nurse anesthetists".

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

16. (99-H5942 as amended) An Act relating to dentists and dental hygienists.

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

17. (99-H6017) An Act relating to businesses and professions- advertising by dentists.

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

18. (99-H6044) (Substitute "A" as amended) An Act relating to education - school speech and language pathologists.

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

19. (99-H6130) An Act relating to food and drugs drugs and poisons generally.

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

20. (99-H6241) (Substitute "A") An Act relating to Board of Regents for Elementary and Secondary Education.

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

21. (99-H5333) (Substitute "B") An Act relating to criminal offenses - operation of motor vehicle while intoxicated.

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

22. (99-H5564 as amended) An Act relating to judicial selection.

Committee on Judiciary recommends passage as amended in concurrence.

23. (99-H5569 as amended) An Act relating to domestic abuse prevention.

Committee on Judiciary recommends passage as amended in concurrence.

24. (99-H5608) (Substitute "B") An Act relating to Family Court.

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

25. (99-H 5771) (Substitute "B") An Act relating to Children, Youth and Families Department - abused and neglected children and the adoption of children.

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

26. (99-H5879) (Substitute "A") An Act relating to criminal offenses - sexually violent predators.

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

27. (99-H5421) An Act relating to taxation

Committee on Corporations recommends passage, in concurrence.

28. (99-H5364 as amended) An Act relating to labor and labor relations - Rhode Island Whistleblowers Act.

Committee on Labor recommends passage, as amended, in concurrence.

29. (99-H6478 as amended) An Act relating to employment agencies.

Committee on Labor recommends passage, as amended, in concurrence.

Appendix

CALENDAR

In order for Wednesday, June 23, 1999:

1. (99-S 111 as amended) An Act relating to labor - penalties for unlicensed work. Ordered on the Calendar for passage as amended in concurrence.

2. (99-S180 as amended) An Act relating to public utilities and carriers - towing storage act. Ordered on the Calendar for passage as amended in concurrence.

3. (99-S367) (Substitute "B") An Act relating to health and safety - tattooing and body piercing. Ordered on the Calendar for passage of Substitute "B" in concurrence.

4. (99-S 552) (Substitute "A" as amended) An Act relating to liability companies and limited partnerships - formation, conversion, and cancellation. Ordered on the Calendar for passage of Substitute "A" in concurrence.

5. (99-S569 as amended) An Act relating to motor vehicles. Ordered on the Calendar for passage as amended in concurrence.

6. (99-S600) (Substitute "A" as amended) An Act relating to education - Board of Governors for Higher Education. Ordered on the Calendar for passage of Substitute "A" as amendedin concurrence.

7. (99-S705) (Substitute "A" as amended) An Act relating to health and safety - babies' changing tables. Ordered on the Calendar for passage of Substitute "A" as amended in concurrence.

8. (99-S712) (Substitute "A") An Act relating to health care facilities. Ordered on the Calendar for passage of Substitute "A,' in concurrence.

9. (99-S282) (Substitute "A") An Act relating to state affairs and government - Children, Youth and Families.

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

10. (99-S719) (Substitute "A") An Act relating to motor vehicles- school buses and child care vehicles.

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

11. (99-H5815) (Substitute "A" as amended) An Act relating to health care accessibility assurance.

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

12. (99-H5866) (Substitute "A" as amended) An Act relating to education - adult education.

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

13. (99-H5969) (Substitute "A" as amended) An Act relating to motor and other vehicles -miscellaneous rules.

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

14. (99-H6069) An Act relating to human services medical assistance.

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

15. (99-H6099) An Act relating to health and safety - Commission on Deaf and Hearing Impaired.

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

16. (99-H6096 as amended) An Act relating to businesses and professions - interpretation for the deaf.

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

17. (99-H6389) (Substitute "A") An Act relating to mental health, retardation and hospitals - substance abuse.

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

18. (99-S896) (Substitute "A") An Act relating to taxation. Ordered on the Calendar for passage of Substitute "A" in concurrence.

19. (99-S897) (Substitute "A") An Act relating to taxation. Ordered on the Calendar for passage of Substitute "A" in concurrence.

20. (99-S898 as amended) An Act relating to taxation - property subject to taxation. Ordered on the Calendar for passage as amended in concurrence.

RAYMOND T. HOYAS, JR.
Clerk of the Senate
Thursday, June 17, 1999

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