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 second day of January in the year of Our Lord two thousand and one.
Volume 128, No. 36 Wednesday, April 4, 2001 Thirty-sixth Day


The Senate meets pursuant to adjournment and is called to order by the Honorable Rhoda E. Perry, Deputy President Pro Tempore, 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, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walsh, Walton.

ABSENT - 1: Senator Goodwin.

INVOCATION


The Honorable Deputy President Pro Tempore, by unanimous consent, presents Senate Majority Leader Irons, to deliver the invocation.

(See Appendix for Invocation)


PLEDGE OF ALLEGIANCE TO THE FLAG


The Honorable Deputy President Pro Tempore, by unanimous consent, presents Senate Majority Leader Irons, to lead the Senate in the pledge of allegiance to the flag.

APPROVAL OF RECORD


The Senate Journal of Tuesday, April 3, 2001 proceedings is read in part.

Upon suggestion of Senate Majority Leader Irons, and by unanimous consent, further reading of the Journal is dispensed with and the Journal approved as recorded.

GUESTS


Upon suggestion of Senator Gibbs, and by unanimous consent, the Honorable Deputy President Pro Tempore, welcomes to the Chamber Rebecca Glynn of Portsmouth and Emily Smith of New Jersey who are both attending the University of Rhode Island.

Also:

Upon suggestion of Senators Coderre, Blais, McDonald and Senate Majority Leader Irons, and by unanimous consent, the Honorable Deputy President Pro Tempore, welcomes to the Chamber Sally Dowling, Chair of the Board of Governors for Higher Education, Dr. Robert Carothers, President of the University of Rhode Island, Paul Larrot, Kimberly Way and Andrea Hopkins.

Also:

Upon suggestion of Senator Gallo, and by unanimous consent, the Honorable Deputy President Pro Tempore, welcomes to the Chamber Jacqueline Parisen.

Also:

Upon suggestion of Senator Polisena, and by unanimous consent, the Honorable Deputy President Pro Tempore, welcomes to the Chamber Madelyn Jones.

Also:

Upon suggestion of Senate Majority Leader Irons and Senators Coderre, Gallo, Izzo and Kelly, and by unanimous consent, the Honorable Deputy President Pro Tempore, welcomes to the Chamber Elia Germani, Chairman of the Public Utilities Commission.

Also:

Upon suggestion of Senate Majority Leader Irons, and by unanimous consent, the Honorable Deputy President Pro Tempore, welcomes to the Chamber John S. Baxter of East Providence, father of Senate Reading Clerk John S. Baxter, Jr.

COMMUNICATION


The Honorable Deputy President Pro Tempore, presents the following communication:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
OFFICE OF THE LIEUTENANT GOVERNOR


CHARLES J. FOGARTY
Lieutenant Governor
April 3,2001

The Honorable John C. Revens, Jr.
Senate President Pro Tempore
317 State Horse Providence, Rhode Island 02903

Dear Senator Revens:

This is to inform you that I will be unable to attend the Senate Session on Wednesday, April 4, 2001 and Thursday, April 6, 2001. I will be out of state.

I request that this letter be printed in the Journal of the Senate.

Sincerely,

CHARLES J. FOGARTY
Lieutenant Governor


Received and ordered to be placed on file.

EFFECTIVE WITHOUT
THE SIGNATURE OF THE GOVERNOR


His Honor, the Lieutenant Governor, presents an announcement of the receipt by the Secretary of State of the following measure which became effective without the signature of His Excellency, the Governor on March 30, 2001:

(01-S 145) Joint Resolution extending the reporting date of the special legislative commission on sustainability.

EDWARD S. INMAN, III
Secretary of State

Received and ordered to be placed on file.

REPORTS OF COMMITTEE


COMMITTEE ON CORPORATIONS


Senator Celona, from the Committee on Corporations, reports back, with recommendation of passage of the following measures:

(01-S 144) An Act relating to towns and cities district management authorities.

Read and ordered to be placed on the Calendar.

(01-S 339) An Act relating to health and safety.

Read and ordered to be placed on the Calendar.

(01-S 408) An Act relating to corporations, associations and partnerships - limited liability partnerships and the Rhode Island Limited Liability Company Act.

Read and ordered to be placed on the Calendar.

(01-S -415) An Act relating to businesses and professions athlete agents.

Read and ordered to be placed on the Calendar.

(01-S 482) An Act relating to businesses and professions - public accountancy.

Read and ordered to be placed on the Calendar.

(01-S 751) An Act relating to waters and navigation - Narragansett Bay Commission.

Read and ordered to be placed on the Calendar.

(01-S 759 as amended) An Act relating to uniform commercial code - leases.

Read and ordered to be placed on the Calendar.

(01-H 5421) An Act relating to taxation - new real estate construction - Tiverton.

Read and ordered to be placed on the Calendar.

NOW PRESIDING


The Honorable Deputy President Pro Tempore yields the rostrum to the Honorable John C. Revens, Jr., President Pro Tempore, at 4:15 o'clock P.M.

REPORT OF COMMITTEE

COMMITTEE ON LABOR


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

(01-S 473) (Substitute "A") An Act relating to state contracts- prevailing wage.

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:

(01-H 6274) An Act relating to solemnization of marriages.

Read and referred to the Committee on Judiciary.

NEW BUSINESS


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

Senators Celona, Irons, Montalbano, Caprio, Gallo and others present (01-S 892) Joint Resolution proclaiming April 4, 2001 as "Retired Teachers Day in Rhode Island".

Senator Celona requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senators Paiva Weed and Gibbs present (01-S 893) An Act relating to levy and assessment of local taxes - town of Middletown.

Read and referred to the Committee on Corporations,

Senators Connors, Irons, DaPonte, Coderre and Caprio present (01-S 894) Senate Resolution amending the rules of the Senate for the years 2001-2002.

Read and ordered to be placed on the Calendar.

Senators Fogarty, Kelly, Walaska, Tassoni and Breene present (01-S 895) An Act relating to cities and towns - town of Burrillville- payment in lieu of taxes.

Read and referred to the Committee on Corporations.

Senators Fogarty, Walaska, Tassoni and Breene present (01-S 896) An Act relating to mill building rehabilitation.

Read and referred to the Committee on Corporations.

Senators Fogarty, Walaska, Tassoni and Breene present (01-S 897) An Act relating to relocation of public utility services.

Read and referred to the Committee on Corporations.

Senators Fogarty, Walaska, Tassoni and Breene present (01-S 898) An Act relating to agriculture and forestry - agricultural functions.

Read and referred to the Committee on Corporations.

Senators Cicilline, Irons, Perry, Parella, Roberts and others present (01-S 899) Joint Resolution proclaiming May as "Mental Health Month in Rhode Island".

Senator Cicilline requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senators Irons and DaPonte present (01-S 900) Senate Resolution congratulating Mike McCarthy on his retirement after 23 years of outstanding and dedicated service to the citizens of the State of Rhode Island.

Senate Majority Leader Irons requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senators Celona, Irons, Montalbano, Kelly, Ruggerio and others present (01-S 901) Senate Resolution expressing most profound sympathy on the passing of Zellio Peter "Topper" Toppazzini.

Senator Celona requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senators Irons, Bates, Walaska, Kells, Garabedian and others present (01-S 902) Senate Resolution extending sympathy on the passing of John Hazen White, Sr.

Senate Majority Leader Irons requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senate Majority Leader Irons, seconded by the entire Senate, and by unanimous consent, read and passed, under suspension of the rules, upon a rising vote.

CONSENT CALENDAR


In order for the day is taken up as follows:

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

1. Appointment of Denise A. Barge of Cranston VICE Henry V. Johnson, Jr. to the Rhode Island Housing and Mortgage Finance Corporation for a term to expire July 1, 2003.

2. Reappointment of Thomas J. Daniels of Smithfield, Public Member, to the Labor and Training Board of Review for a term expiring February 1, 2007.

3. Reappointment of Sarah T. Dowling of Narragansett to the Board of Governors for Higher Education for a term expiring January 31, 2004.

4. Reappointment of Richard Ferland of Cumberland to the Commission for Human Rights for a term expiring July 1, 2005.

5. Appointment of Stuart B. Giannini of Lincoln VICE Constance Bumgarner Gee (resigned) to the Rhode Island State Council on the Arts for a term expiring March 1, 2004.

6. Reappointment of Elia Germani of Warwick as Chairman of the Public Utilities Commission for a term expiring March 1, 2007.

7. Appointment of Michael Isaacs of East Greenwich VICE Dale D. Huff (resigned) to the Rhode Island Public Telecommunications Authority for a term expiring January 31, 2002.

8. Appointment of John Leyden of Cranston (Local Building Official) VICE Robert Benoit to the Rhode Island Housing Resources Act for a term expiring January 31, 2003.

9. Reappointment of Jay Litman of Barrington (General Public/Library User) to the Library Board of Rhode Island for a term expiring December 31, 2003.

10. Reappointment of William Penn of Block Island (Public Member) to the Water Resources Board for a term expiring March 1, 2004.

11. Reappointment of Jean Stover of Bristol to the Commission for Human Rights for a term expiring July 1, 2005.

12. Reappointment of Dr. John B. Susa of Warwick to the Commission for Human Rights for a term expiring July 1, 2005.

13. (01-S 65 as amended) Senate Resolution respectfully requesting that the federal government provide funding for the purpose of Rocky Point Park as open space.

CALENDAR


In order for the day is taken up as follows:

1. (99-S228) An Act relating to sales and use taxes - enforcement and collection.

Committee on Finance recommends passage.

Upon suggestion of Senator Caprio, and without objection, ordered to be placed on the Calendar for Wednesday, April 11, 2001.

2. (01-S 90) (Substitute "A") Joint Resolution creating a special legislative task force to evaluate schools on an individual basis and develop a comprehensive strategy to deal with the threat of school violence.

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

Senator Tassoni moves passage, seconded by Senators Celona, Hunter, Polisena, Montalbano, Igliozzi, Cicilline, Garabedian, Izzo, Graziano and many others.

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 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, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walsh, Walton.

NAYS -0. 3. (99-S794 as amended) An Act relating to health and safety - maternal and child health services.

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

Senator Gibbs moves passage, seconded by Senators Enos, Garabedian, Roberts, Graziano, Paiva Weed, Sheehan, Parella, Breene, Blais, Cicilline, Gallo, Walton and Perry.

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

YEAS - 49: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walsh, Walton.

NAYS -0.

RECONSIDERATION


Upon suggestion of Senator Irons, seconded by Senator Algiere, and without objection, (01-S 90) (Substitute "A") is reconsidered and ordered to be placed on the Calendar for Wednesday, April 11,2001.



CALENDAR




4. (01-S 155) (Substitute "A") An Act relating to courts and civil procedure - procedure generally - causes of action.

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

Senator Polisena moves passage, seconded by Senators Celona, Damiani, DaPonte, Issa, Walton, Ruggerio, Parella, Tassoni, Igliozzi and many others.

Senators Garabedian, Issa, Lenihan, Polisena and Cicilline discuss the act.

The bill marked Substitute "A" is read and passed, 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, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walsh, Walton.

NAYS -0.

5. (99-S156) (Substitute "A") An Act relating to criminal offenses - assaults.

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

Senator Graziano moves passage, seconded by Senators Polisena, Montalbano, Issa, Hunter, McCaffrey and others.

Senators Perry, Cicilline, Blais, Polisena and Izzo discuss the act.

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, upon a roll call vote with 37 Senators voting in the affirmative and 8 Senators voting in the negative as follows:

YEAS - 37: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Coderre, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Gallo, Garabedian, Graziano, Hunter, Igliozzi, Irons, Issa, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Paiva Weed, Parella, Polisena, Raptakis, Revens, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walsh.

NAYS - 8: Senators Cicilline, Connors, Izzo, Kells, Kelly, Perry, Roberts, Walton.

6. (99-S163) (Substitute "A") An Act relating to mental health.

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

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Wednesday, April 11, 2001.



7. (99-S178) (Substitute "A") An Act relating to courts and civil procedure - judicial nominating commission.

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

Senator Montalbano moves passage, seconded by Senators Polisena, Damiani, McDonald and Graziano.

The bill marked Substitute "A" is read and passed, 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, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Enos, Felag, Fogarty, Gallo, Garabedian, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, lenihan, McBurney, McCaffrey, McDonald, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walsh, Walton.

NAYS -0.

8. (01-S 193) (Substitute "A") An Act relating to courts and civil procedure - procedure generally - causes of action.

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

Senator Igliozzi moves passage, seconded by Senators Graziano, Ruggerio, Polisena, Gallo, Paiva Weed and others.

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 44 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 44: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Paiva Weed, Parella, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walsh, Walton.

NAYS -0.

9. (99-S256) An Act relating to health and safety.

Committee on Judiciary recommends passage.

Senator Blais moves passage, seconded by Senators Breene, Polisena and Graziano.

The act is read and passed, by unanimous consent, upon a roll call vote with 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 45: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Cote, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walsh, Walton.

NAYS -0.

10. (99-S328) An Act relating to traffic tribunal.

Committee on Judiciary recommends passage. Senator Montalbano moves passage, seconded by Senators Celona, Tassoni, Graziano and Igliozzi.

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

YEAS - 46: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walsh, Walton.

NAYS -0.

11. (99-S336) An Act relating to domestic relations - adoption of children.

Committee on Judiciary recommends passage.

Senator Montalbano moves passage, seconded by Senators Perry, Walsh, Lenihan, Izzo and others.

The act is read and passed, by unanimous consent, upon a roll call vote with 44 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 44: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Paiva Weed, Parella, Perry, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walsh, Walton.

NAYS -0.

12. (99-S342) An Act relating to criminal procedure - indictments, informations and complaints.

Committee on Judiciary recommends passage.

Senator Walton moves passage, seconded by Senators Connors, Perry, Felag, Paiva Weed, Roney, Roberts, Ruggerio, Montalbano and many others.

Senators Blais and Walton discuss the act.

The act is read and passed, by unanimous consent, upon a roll call vote with 43 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 43: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Connors, Cote, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walsh, Walton.

NAYS -0.

13. (99-S385) (Substitute "A") An Act relating to the Senate.

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

Senator Irons moves passage, seconded by Senators Caprio, Connors, Polisena, Celona and others.

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 43 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 43: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Connors, Cote, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walsh, Walton.

NAYS -0.

14. (99-S392) An Act relating to state affairs and government- corrections department.

Committee on Judiciary recommends passage.

Senator Tassoni moves passage, seconded by Senators Montalbano, Graziano, Hunter and others.

The act is read and passed, by unanimous consent, upon a roll call vote with 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 45: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Connors, Cote, Damiani, DaPonte, Enos, Felag, Fogarty, Gallo, Garabedian, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walsh, Walton.

NAYS -0.

15. (99-S395) An Act relating to medical parole.

Committee on Judiciary recommends passage.

Senator Perry moves passage, seconded by Senators Kells, Walsh, Paiva Weed and Graziano.

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

YEAS - 46: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Fell, Fogarty, Gallo, Garabedian, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walsh, Walton.

NAYS -0.

16. (99-S396 as amended) An Act relating to District Court.

Committee on Judiciary recommends passage as amended.

Senator Paiva Weed moves passage, seconded by Senators Kells, Montalbano, Perry, Cicilline and Roberts.

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, Bates, Blais, Breene, Caprio, Celona, Cicilline, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walsh, Walton.

NAYS -0.

17. (99-S416) (Substitute "A") An Act relating to criminal procedure.

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

Senator Montalbano moves passage, seconded by Senators Kells, Damiani, Graziano and McDonald.

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

YEAS - 45: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walsh, Walton.

NAYS -0.

18. (99-S577) An Act relating to courts and civil procedure - procedure generally.

Committee on Judiciary recommends passage.

Senator McDonald moves passage, seconded by Senators Graziano, Walsh, Polisena, Montalbano, Cote and others.

Senators Blais and McDonald discuss the act.

The act is read and passed, 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, Bates, Blais, Breene, Caprio, Celona, Cicilline, Cote, Damiani, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walsh, Walton.

NAYS - 1: Senator Connors.

RECONSIDERATION


Upon suggestion of Senator Montalbano, seconded by Senator Algiere, and without objection, (01-S 336) is reconsidered and ordered to be placed on the Calendar for Tuesday, April 10, 2001.



COMMITTEE CONSIDERATION DEADLINE


Upon suggestion of Senate Majority Leader Irons, seconded by Senator Algiere, the deadline for committee consideration is extended to Wednesday, April 11, 2001, by unanimous consent, 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.

ANNOUNCEMENTS


Senator Damiani announces that the Committee on Corporations will meet on Thursday, April 5, 2001, at the rise of the Senate in Room 212 of the State House.

Also:

Senator Felag announces that the Committee on Finance will meet on Thursday, April 5, 2001, at 3:00 o'clock P.M. in Room 211 of the State House.

Also:

Senator Graziano announces that the Committee on Health, Education and Welfare will meet today at the rise of the Senate in the Senate Lounge of the State House.

Also:

Senator Issa announces that the Committee on Special Legislation will meet today at the rise of the Senate in the Room 211 of the State House.

ADJOURNMENT




Upon motion of Senate Majority Leader Irons, seconded by Senator Algiere, the Senate adjourns at 5:10 o'clock P.M.



RAYMOND T. HOYAS, JR.
Secretary of the Senate

Appendix



INVOCATION


SENATE MAJORITY LEADER

WILLIAM V. IRONS




Lord of truth, establish in us the knowledge of Your will. Make known to us any truths and insights which will enable us to serve You, and therefore, our constituents, wisely and well. Amen.



Appendix



CALENDAR


In order for Thursday, April 5, 2001:

1. (01-S 414) An Act relating to state affairs and government- expedited permit process.

Committee on Corporations recommends passage.

2. (99-S558) An Act relating to credit card lending.

Committee on Corporations recommends passage.

3. (99-S593) An Act relating to financial institutions.

Committee on Corporations recommends passage.

4. (99-S667) (Substitute "A") An Act relating to public utilities and carriers - Public Utilities Commission.

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

5. (99-S837) An Act relating to the joint municipal planning commission.

Committee on Corporations recommends passage.

6. (99-S839) An Act relating to incorporation of the Dunns Corners Fire District.

Committee on Corporations recommends passage.

7. (01-H5783) An Act relating to insurance.

Committee on Corporations recommends passage in concurrence.

8. (99-S575) An Act relating to elections.

Committee on Judiciary recommends passage.

9. (99-S579) An Act relating to employment security - appeals.

Committee on Judiciary recommends passage.

10. (99-S865) An Act relating to racketeer influenced and corrupt organizations.

Committee on Judiciary recommends passage.

11. (01-H6237) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage in concurrence.

Appendix



CALENDAR


In order for Tuesday, April 10, 2001:

1. (01-S 336) An Act relating to domestic relations - adoption of children.

Committee on Judiciary recommends passage.

2. (99-S894) Senate Resolution amending the rules of the Senate for the years 2001-2002. Ordered on the Calendar.

3. (99-S144) An Act relating to towns and cities - district management authorities.

Committee on Corporations recommends passage.

4. (99-S339) An Act relating to health and safety.

Committee on Corporations recommends passage.

5. (01-S 408) An Act relating to corporations, associations and partnerships - limited liability partnerships and the Rhode Island Limited Liability Company Act.

Committee on Corporations recommends passage.

6. (99-S415) An Act relating to businesses and professions- athlete agents.

Committee on Corporations recommends passage.

7. (99-S482) An Act relating to businesses and professions- public accountancy.

Committee on Corporations recommends passage.

8. (99-S751) An Act relating to waters and navigation Narragansett Bay Commission.

Committee on Corporations recommends passage.

9. (99-S759 as amended) An Act relating to uniform commercial code - leases.

Committee on Corporations recommends passage as amended.

10. (01-H5421) An Act relating to taxation -new real estate construction - Tiverton.

Committee on Corporations recommends passage in concurrence.

11. (99-S473) (Substitute "A") An Act relating to state contracts - prevailing wage.

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

Appendix



CALENDAR


In order for Wednesday, April 11, 2001:

1. (01-S 228) An Act relating to sales and use taxes - enforcement and collection.

Committee on Finance recommends passage.

2. (01-S 90) (Substitute "A") Joint Resolution creating a special legislative task force to evaluate schools on an individual basis and develop a comprehensive strategy to deal with the threat of school violence.

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

3. (99-S163) (Substitute "A") An Act relating to mental health.

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

4. (01-S 374) An Act relating to taxation -sales and use taxes- liability and computation.

Committee on Finance recommends passage.

5. (01-S 446) An Act relating to taxation -sales and use tax- equipment used in research and development.

Committee on Finance recommends passage.

6. (99-S461) An Act relating to state affairs and government- mill building and economic revitalization act.

Committee on Finance recommends passage.

7. (01-S 419) An Act relating to taxation -business corporation tax.

Committee on Finance recommends passage.

RAYMOND T. HOYAS, JR.
Secretary of the Senate

Wednesday, April 4, 2001



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