SENATE JOURNALS - Thursday, May 31, 2001

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. 56 Thursday, May 31, 2001 Fifty-sixth Day

The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Charles J. Fogarty, at 4:00 o'clock P.M.

The roll is called and a quorum is declared present with 47 Senators present and 3 Senators absent as follows:

PRESENT - 47: Senators Algiere, Alves, Badeau, Bates, Blais, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Paiva Weed, Parella, Perry, Polisena, RaptaKis, Revens, Roberts, Roney, Ruggerio, Sheehan, Sosnowski, Tassoni, Walsh, Walton.

ABSENT - 3.. Senators Breene, Kells, Walaska.

INVOCATION

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

(See Appendix for Invocation)

PLEDGE OF ALLEGIANCE TO THE FLAG

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

CORRECTION

The Senate Journal of Wednesday, May 30, 2001, shall be corrected as referring (01-H 5880) (Substitute "A") to the Committee on Corporations.

APPROVAL OF RECORD

The Senate Journal of Wednesday, May 30, 2001 proceedings is read in part.

Upon suggestion of Senator Bates, and by unanimous consent, further reading of the Journal is dispensed with and the Journal approved as corrected.

SPECIAL PRESENTATION

Upon suggestion of Senate Majority Leader Irons, and without objection, members of the Rhode Island National Guard are escorted to the rostrum.

Major General Reginald A. Centracchio, Adjutant General, addresses the Senate and announces the selection of Senator Thomas A. Coderre as the recipient of the prestigious Charles Dick Medal of Merit.

Major General Centracchio presents the National Award to Senator Coderre.

Senator Coderre addresses the Senate and expresses his appreciation to the National Guard for this very special honor.

GUESTS

Upon suggestion of Senator Polisena, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Linda Greenhalgh of Johnston, Police Chief Richard Tamborini, and Detective Raymond Pinffltore.

Also:

Upon suggestion of Senator Enos, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber John Martin, former member of the Tiverton School Committee.

Also:

Upon suggestion of Senator Gallo, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Paula Akers and Kathy Rainone.

Also:

Upon suggestion of Senator Coderre, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber from Prevent Child Abuse Rhode Island, Normand Levasseur, member of the Board of Directors, and Kim Ash, Program Coordinator.

Also:

Upon suggestion of Senator Goodwin, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the Honorable Elaine Coderre, State
Representative, and her son Robert Coderre.

Also:

Upon suggestion of Senator Bates, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the Honorable Susan Story of Barrington.

Also:

Upon suggestion of Senator Parella, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Dr. Richard Carleton, founder of the Rhode Island Path to Health Program. his wife April Carleton, daughter Margaret and friends John and Patty Treat and Mary Leela.

APPOINTMENT BY THE GOVERNOR

His Honor, the Lieutenant Governor, presents the following communication from His Excellency, the Governor, transmitting the following appointment and requesting the advice and consent of the Senate thereto:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS EXECUTIVE CHAMBER, PROVIDENCE

Lincoln Almond
Governor

May 30, 2001

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 42-75-2 of the Rhode Island General Laws, I have made the following appointment to the Rhode Island State Council on the Arts:

Suzanne Dandurand Augenstein of East Greenwich
vICE
Barbara Levine

for a term expiring March 1, 2004.

To this appointment, I request your advice and consent.

Sincerely,

LINCOLN ALMOND
Governor

Read and referred to the Committee on Judiciary.

FROM THE

HOUSE OF REPRESENTATIVES

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

(01-H 6432) An Act relating to the Hopkinton Land Trust.

Read and referred to the Committee on Corporations.

REPORTS OF COMMITTEES
COMMITTEE ON CORPORATIONS

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

(01-S 728) (Substitute "A") An Act relating to recording of instruments.

Read and ordered to be placed on the Consent Calendar.

COMMITTEE ON
HEALTH, EDUCATION AND WELFARE

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

(01-S 662) (Substitute "A") An Act relating to teacher assistants.

Read and ordered to be placed on the Consent Calendar.

JOINT COMMITTEE ON VETERANS AFFAIRS

Senator Felag, from the Joint Committee on Veterans Affairs, reports back, with recommendation of passage of the following measures:

(01-S 212) (Substitute "A") An Act relating to veterans exemptions.

Read and ordered to be placed on the Calendar.

(01-S 35) An Act relating to military affairs and defense - extension of veterans' benefits.

Read and ordered to be placed on the Calendar.

(01-S 855) Senate Resolution memorializing Congress to amend Title 10, United States Code, relating to the compensation of retired military.

Read and ordered to be placed on the Consent Calendar.

NEW BUSINESS

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

Senator Walsh presents (01-S 971) An Act amending the Charter of the Hope Valley/Wyoming Fire District.

Read and referred to the Committee on Corporations.

Senator Celona presents (01-S 972) An Act reinstating and restoring forfeited or revoked corporate charters.

Read and ordered to be placed on the Consent Calendar.

Senators Parella, Bates, Felag and Enos present (01-S 973) Senate Resolution congratulating Dr. Richard Carleton on the dedication of the Barrington "Path to Health" walking trail in his honor.

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 DaPonte, Alves, Paiva Weed, Irons and Enos present (01-S 974) Senate Resolution proclaiming June 1, 2001 as "Azores Day" in the State of Rhode Island.

Senator DaPonte requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senate Majority Leader Irons presents (01-S 975) An Act reinstating and restoring forfeited or revoked corporate charters.

Senate Majority Leader Irons requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Senate Majority Leader Irons moves passage, seconded by Senator Coderre.

The act is read and passed, 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, Blais, Caprio, Celona, Cicilline, Coderre, Connors, Damiani, DaPonte, Donelan, Felag, Fogarty, Gallo, Garabedian, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Perry, Polisena, Revens, Roberts, Roney, Ruggerio, Sheehan, Tassoni, Walsh.

NAYS -0.

Senators Blais, Breene, Raptakis and Irons present (01-S 976) An Act relating to health and safety - Rhode Island Resource Recovery Corporation.

Read and referred to the Committee on Corporations.

Senate Majority Leader Irons and Senators Coderre, Montalbano, Celona, Goodwin and others present (01-S 977) Senate Resolution extending sympathy on the passing of Colonel Bernard W. Manchester.

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.

Senators Alves, Caprio, DaPonte, Coderre, Paiva Weed and others present (01-S 978) An Act relating to public utilities and carriers - taxicabs and limited public motor vehicles.

Read and referred to the Committee on Corporations.

CONSENT CALENDAR

In order for the day is taken up as follows:

Upon motion of Senate Majority Leader Irons, seconded by Senator Algiere, the following appointment on today's Consent Calendar, by unanimous consent, is given the Advice and Consent of the Senate, upon a voice vote:

1. Appointment of Cristina Martins Amedeo of Warwick (Represents Disadvantaged Persons) VICE William A. Shuey to the Library Board of Rhode Island for a term expiring December 31, 2002.

CALENDAR

In order for the day is taken up as follows:

10. (01-H5291) (Substitute "A") An Act relating to child abuse - shaken baby syndrome.

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

Senator Montalbano moves passage, seconded by Senators Polisena, Graziano, Walsh, Roberts, Parella and many more.

The bill marked Substitute "A" is read and passed, in concurrence, and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 40 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS 40: Senators Algiere, Alves, Badeau, Bates, Blais, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kelly, Lenihan, McCaffrey, Montalbano, Paiva Weed, Parella, Perry, Polisena, Roberts, Roney, Ruggerio, Sheehan, Tassoni, Walsh.

NAYS - 0.

1. Appointment of William Smith of East Greenwich VICE Richard Humphrey to the Commission on Judicial Tenure and Discipline for a term expiring April 1, 2004.

Committee on Judiciary recommends the Senate give its Advice and Consent to this appointment.

Senator Montalbano, seconded by Senators Lenihan, Algiere and many others, moves confirmation.

By unanimous consent, the confirmation of the Senate is given this appointment, 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, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Polisena, Revens, Roberts, Roney, Ruggerio, Sheehan, Tassoni, Walsh.

NAYS -0.

2. (99-S7) An Act relating to deceptive trade practices - credit card interest rates.

Committee on Corporations recommends passage.

Senator Issa moves passage, seconded by Senators Hunter and Damiani.

The act is read and passed, by unanimous consent, upon a roll call vote with 37 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 37: Senators Alves, Badeau, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Perry, Polisena, Revens, Roney, Ruggerio, Sheehan, Tassoni, Walsh.

NAYS -0.

3. (99-S268) (Substitute "A" as amended) 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" as amended.

Upon suggestion of Senator Blais, and without objection, ordered to be placed on the Calendar for Wednesday, June 6, 2001.

4. (99-S770) (Substitute "A") An Act relating to weapons.

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

Senator Perry moves passage, seconded by Senator Cicilline, Paiva Weed, Parella, Roberts and many more.

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, upon a roll call vote with 29 Senators voting in the affirmative and 10 Senators voting in the negative as follows:

YEAS - 29: Senators Algiere, Bates, Caprio, Cicilline, Coderre, Connors, DaPonte, Donelan, Enos, Felag, Fogarty, Garabedian, Gibbs, Goodwin, Irons, Issa, Izzo, Kelly, McBurney, Montalbano, Paiva Weed, Parella, Perry, Revens, Roberts, Roney, Sheehan, Tassoni, Walton.

NAYS - 10: Senators Blais, Celona, Cote, Damiani, Graziano Hunter, Igliozzi, Polisena, Ruggerio, Walsh.

5. (99-S813) (Substitute "A") An Act relating to computer crime - cyberstalking.

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

Senator Goodwin moves passage, seconded by Senators Celona, Coderre, Gallo, Enos, Roney, Algiere 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 43 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 43: Senators Algiere, Alves, Bates, Blais, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sheehan, Tassoni, Walsh.

NAYS -0.

6. (99-S935 as amended) An Act relating to and justices of the peace. state affairs and government - notaries public

Committee on Judiciary recommends passage as amended.

Upon suggestion of Senator McBurney, and without objection, ordered to be placed on the Calendar for Thursday, June 7, 2001.

7. (01-H5043) An Act relating to criminal procedure - payment of traffic fines.

Committee on Judiciary recommends passage in concurrence.

Senator Alves moves passage, seconded by

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, Bates, Blais, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Perry, Polisena, RaptaKis, Revens, Roberts, Roney, Ruggerio, Sheehan, Tassoni, Walsh.

NAYS -0

8. (01-H 5146) (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 Montalbano moves passage, seconded by Senators Polisena, Damiani, Celona and others.

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, upon a roll call vote with 35 Senators voting in the affirmative and 6 Senators voting in the negative as follows:

YEAS - 36: Senators Algiere, Alves, Bates, Blais, Caprio, Celona, Coderre, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Kelly, Lenihan, McBurney, McCaffrey, Montalbano, Parella, Polisena, Raptakis, Revens, Ruggerio, Sheehan, Tassoni.

NAYS - 6: Senators Cicilline, Connors, Izzo, Perry, Roberts, Roney.

9. (01-H5151) An Act relating to property -mortgages of real property.

Committee on Judiciary recommends passage in concurrence.

Senator Montalbano moves passage, seconded by Senator Celona. Senators Goodwin, Montalbano, Garabedian 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 Alves, Badeau, Bates, Blais, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sheehan, Tassoni, Walsh.

NAYS -0.

11. (01-H5311) (Substitute "A") An Act relating to residential and commercial landlord tenant law.

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

Senator Montalbano moves passage, seconded by Senators Celona and Damiani.

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, Badeau, Bates, Blais, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sheehan, Tassoni, Walsh

NAYS -0.

12. (01-H5313) (Substitute "A" as amended) An Act relating to criminal procedure - DNA records.

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

Senator Hunter moves passage, seconded by Senators Damiani and Montalbano.

Senator Hunter, seconded by Senators Damiani and Montalbano, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(01-H 5313) (Substitute "A" as amended)

Mr. President:

I hereby move to amend (01-H 5313) (Substitute "A" as amended) entitled "AN ACT RELATING TO CRIMINAL PROCEDURE - DNA RECORDS", as follows:

On Page 2, at Line 6, after the words "federal government."

DELETE all text after the period on the remainder of lines 7 and 8.

Respectfully submitted,

BRIAN M. HUNTER
Senator, District 34

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, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kelly, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sheehan, Tassoni, Walsh.

NAYS -0.

Upon motion of Senator Hunter, seconded by Senators Montalbano and Polisena, 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 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, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kelly, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sheehan, Tassoni, Walsh.

NAYS -0.

13. (01-H5315) (Substitute "A") An Act relating to courts and civil procedure - jury lists.

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

Senator Montalbano moves passage, seconded by Senator Damiani.

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

YEAS - 43: Senators Algiere, Alves, Badeau, Bates, Blais, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sheehan, Tassoni, Walsh.

NAYS -0.

14. (01-H5328) An Act relating to criminal offenses - theft detection shielding devices.

Committee on Judiciary recommends passage concurrence.

Senator Montalbano moves passage, seconded by Senator Celona.

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, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sheehan, Tassoni, Walsh.

NAYS -0.

15. (01-H5434) An Act relating to courts and civil procedure- procedure generally - causes of action.

Committee on Judiciary recommends passage in concurrence.

Senator Igliozzi moves passage, seconded by Senators Polisena and Montalbano.

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, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sheehan, Tassoni, Walsh.

NAYS -0.

16. (01-H5466) (Substitute "A") An Act relating to computer crime - cyberstalking.

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

Senator Goodwin moves passage, seconded by Senator 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 44 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 44: Senators Algiere, Alves, Badeau, Bates, Blais, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kelly, Lenihan McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Perry, Polisena, RaptaKis, Revens, Roberts, Roney, Ruggerio, Sheehan, Tassoni, Walsh.

NAYS -0.

17. (01-H5592) (Substitute "A") An Act relating to statutes and statutory construction.

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

Upon suggestion of Senator Montalbano, and without objection, ordered to be placed on the Calendar for Thursday, June 7, 2001.

18. (01-H5600) An Act relating to traffic tribunal.

Committee on Judiciary recommends passage concurrence.

Senator Montalbano moves passage, seconded by Senator Damiani.

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, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sheehan, Tassoni, Walsh.

NAYS -0.

19. (01-H5602) (Substitute "A") An Act relating to criminal procedure witness protection.

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

Upon suggestion of Senator Montalbano, and without objection, ordered to be placed on the Calendar for Thursday, June 7, 2001.

20. (01-H5636 as amended) An Act relating to criminal procedure.

Committee on Judiciary recommends passage as amended in concurrence.

Senator Montalbano moves passage, seconded by Senator Coderre and others.

The act is read and passed, as amended, in concurrence, by unanimous consent, upon a roll call vote with 42 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 42: Senators Algiere, Alves, Badeau, Bates, Blais, Caprio, Celona, Cicilline, Coderre, Connors, Cote, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roney, Ruggerio, Sheehan, Tassoni, Walsh.

NAYS -0.

21. (01-H5637 as amended) An Act relating to courts and civil procedure - wrongful death.

Committee on Judiciary recommends passage as amended in concurrence.

Senator Montalbano moves passage, seconded by Senators DaPonte and Perry.

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, Blais, Caprio, Celona, Cicilline, Coderre, Connors, Cote, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roney, Ruggerio, Sheehan, Tassoni, Walsh

NAYS -0.

22. (01-H5759) (Substitute "A") An Act relating to registration of voters.

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

Senator Montalbano moves passage, seconded by Senators Hunter, Sheehan and Polisena.

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, Caprio, Celona, Cicilline, Coderre, Connors, Cote, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roney, Ruggerio, Sheehan, Tassoni, Walsh.

NAYS - 0.

23. (01-H5816) An Act relating to inheritance tax liens.

Committee on Judiciary recommends passage in concurrence.

Senator Montalbano moves passage, seconded by Senator Celona.

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, Blais, Caprio, Celona, Cicilline, Coderre, Connors, Cote, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roney, Ruggerio, Sheehan, Tassoni, Walsh.

NAYS -0.

24. (01-H5850) (Substitute "A" as amended) An Act relating to elections.

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

Senator Montalbano moves passage, seconded by Senators Hunter and Polisena.

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 41 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 41: Senators Algiere, Alves, Badeau, Blais, Caprio, Celona, Cicilline, Coderre, Connors, Cote, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Perry, Polisena, RaptaKis, Revens, Roney, Ruggerio, Sheehan, Tassoni, Walsh.

NAYS -0.

25. (01-H5882) An Act relating to criminal offenses - children.

Committee on Judiciary recommends passage in concurrence.

Senator Montalbano moves passage, seconded by Senator Celona.

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

YEAS - 43: Senators Algiere, Alves, Badeau, Bates, Blais, Caprio, Celona, Cicilline, Coderre, Connors, Cote, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sheehan, Tassoni, Walsh.

NAYS -0.

26. (01-H5993 as amended) An Act relating to waters and navigation alcohol boating safety.

Committee on Judiciary recommends passage as amended in concurrence.

Senator Montalbano moves passage, seconded by Senators Damiani and Walton.

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, Caprio, Celona, Cicilline, Coderre, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sheehan, Tassoni, Walsh, Walton.

NAYS -0.

27. (01-H5997) (Substitute "A") An Act relating to state affairs and government - Rhode Island Justice Commission.

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

Senator Montalbano moves passage, seconded by Senator Damiani.

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, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sheehan, Tassoni, Walsh, Walton.

NAYS -0.

28. (01-H 6051) (Substitute "A") An Act relating to taxation.

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

Senator Montalbano moves passage, seconded by Senators Celona and Coderre.

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

NAYS -0.

29. (01-H6125 as amended) An Act relating to District Court.

Committee on Judiciary recommends passage as amended.

Senator Paiva Weed moves passage, seconded by Senators Montalbano, Cicilline and Gibbs.

The act is read and passed, as amended, 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, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Perry, Polisena, Revens, Roberts, Roney, Ruggerio, Sheehan, Tassoni, Walsh, Walton.

NAYS -0.

30. (01-H6168) An Act relating to criminal offenses - fraud and false dealing.

Committee on Judiciary recommends passage in concurrence.

Senator Montalbano moves passage, seconded by Senator Celona.

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

NAYS -0.

31. (01-H6416) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage in concurrence.

Senator Montalbano moves passage, seconded by Senator Coderre.

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

YEAS - 43: Senators Algiere, Alves, Bates, Blais, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kelly, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Perry, Polisena, RaptaKis, Revens, Roberts, Roney, Ruggerio, Sheehan, Walsh, Walton.

NAYS -0.

32. (01-H6422) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage in concurrence.

Senator Montalbano moves passage, seconded by Senator Coderre.

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

NAYS -0.

ANNOUNCEMENTS

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

Also:

Senator Caprio announces that the Committee on Finance will meet today at the rise of the Senate in Room 35 of the State House.

Also:

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

Also:

Senator Graziano announces that the Committee on Health, Education and Welfare will meet on Wednesday, June 6, 2001, at 3:00 o'clock P.M. in the Senate Lounge of the State House.

TRANSMITTAL

By unanimous consent, all Senate 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 Senate Majority Leader Irons, seconded by Senator Algiere, the Senate adjourns at 5:00 o'clock P.M., on a unanimous rising vote, as a further mark of respect to the memory of Colonel Bernard W. Manchester.

RAYMOND T. HOYAS, JR.
Secretary of the Senate

Appendix

INVOCATION
SENATOR DAVID E. BATES

Dear God, when the way is hard and the people's decisions difficult, may we be patient in prayer, perceive what is Thy will and have the courage to see it through. Amen.

Appendix

CONSENT CALENDAR

In order for Tuesday, June 5, 2001:

1. (01-S 728) (Substitute "A") An Act relating to recording of instruments.

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

2. (99-S662) (Substitute "A") An Act relating to teacher assistants.

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

3. (99-S855) Senate Resolution memorializing Congress to amend Title 10, United States Code, relating to the compensation of retired military.

Joint Committee on Veterans Affairs recommends passage.

4. (99-S972) An Act reinstating and restoring forfeited or revoked corporate charters.

Ordered on the Consent Calendar.

RAYMOND T. HOYAS, JR.
Secretary of the Senate

Thursday, May 31, 2001

Appendix

CALENDAR

In order for Tuesday, June 5, 2001:

1. Reappointment of Henry S. Kinch, Jr. of Pawtucket as Clerk of the Superior Court for Providence and Bristol Counties for a term expiring February 1, 2006.

Committee on Judiciary recommends that the Senate give its Advice and Consent to this reappointment.

2. Reappointment of Jerome Smith of Woonsocket as Chief Clerk of the Rhode Island District Court for a term expiring April 1, 2006.

Committee on Judiciary recommends that the Senate give its Advice and Consent to this reappointment.

3. Appointment of Charles Henry Hollis of Warwick VICE Ann Collins as Clerk of the Superior Court for Newport County for a term expiring February 1, 2006.

Committee on Judiciary recommends that the Senate give its Advice and Consent to this appointment.

4. Appointment of Brian B. Bums as Clerk of the Rhode Island Supreme Court for a term expiring April 1, 2006.

Committee on Judiciary recommends that the Senate give its Advice and Consent to this appointment.

5. Reappointment of Courtland R. Chapman of Westerly as Clerk of the Superior Court for Washington County for a term expiring February 1, 2006.

Committee on Judiciary recommends that the Senate give its Advice and Consent to this reappointment.

6. Reappointment of Jane M. Anthony of Jamestown as Clerk of the Superior Court for Kent County for a term expiring February 1, 2006.

Committee on Judiciary recommends that the Senate give its Advice and Consent to this reappointment.

7. (99-S713 as amended) An Act relating to unfair competition and deceptive acts and practices in the business of insurance.

Committee on Corporations recommends passage as amended.

8. (99-S441) (Substitute "A") An Act relating to health and safety - licensing of health care facilities.

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

9. (99-S561) (Substitute "A") An Act relating to insurance- individual insurance coverage.

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

10. (99-S730) (Substitute "A") An Act relating to freeze on property tax - city of Providence.

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

11. (01-S 742) An Act relating to taxation -levy and assessment of local taxes.

Committee on Corporations recommends passage.

12. (01-S 743) An Act relating to taxation -property tax classification - Providence.

Committee on Corporations recommends passage.

13. (01-S 832) (Substitute "A") An Act relating to insurance coverage for mental illness.

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

14. (99-S893) An Act relating to levy and assessment of local taxes town of Middletown.

Committee on Corporations recommends passage.

15. (99-S932) An Act relating to the Hopkinton Land Trust.

Committee on Corporations recommends passage.

16. (99-S953 as amended) An Act exempting from taxation the real, mixed and personal property of the Granite Theatre Corporation.

Committee on Corporations recommends passage as amended.

17. (99-S954) An .Act relating to distressed areas - Economic Revitalization Act.

Committee on Corporations recommends passage.

18. (01-H5770 as amended) An Act relating to fire safety inspection fees.

Committee on Corporations recommends passage as amended in concurrence.

19. (01-H5131) (Substitute "B") An Act relating to health and safety - Safe Haven for Infants Act.

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

20. (01-H5866 as amended) An Act relating to veterinary practice.

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

21. (01-H5899) (Substitute "A" as amended) An Act relating to education.

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

22. (01-H5907) (Substitute "A") An Act relating to health and safety - Latex Gloves Safety Act.

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

23. (99-S229) (Substitute "A") An Act relating to workers compensation.

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

24. (01-H6053) (Substitute "A" as amended) An Act relating to electricians.

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

25. (01-H 6293) An Act relating to labor and labor relations pipefitters and refrigeration technicians, fire protection sprinkler fitters, contractors, journeyperson sprinkler fitters, sheet metal contractors, journey person sheet metal workers, and oil heat contractors.

Committee on Labor recommends passage in concurrence.

26. (99-S262) An Act relating to sovereign immunity.

Committee on Judiciary recommends passage.

Appendix

CALENDAR

In order for Wednesday, June 6, 2001:

1. (01-S 268) (Substitute "A" as amended) 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" as amended.

2. (99-S35) An Act relating to military affairs and defense- extension of veterans' benefits.

Joint Committee on Veterans Affairs recommends passage.

3. (99-S212) (Substitute "A") An Act relating to veterans exemptions.

Joint Committee on Veterans Affairs recommends indefinite postponement of the original bill and passage of Substitute "A".

Appendix

CALENDAR

In order for Thursday, June 7, 2001:

1. (01-S 935 as amended) An Act relating to state affairs and government - notaries public and justices of the peace.

Committee on Judiciary recommends passage as amended.

2. (01-H5592) (Substitute "A") An Act relating to statutes and statutory construction.

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

3. (01-H5602) (Substitute "A") An Act relating to criminal procedure - witness protection.

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

RAYMOND T. HOYAS, JR.
Secretary of the Senate

Thursday, May 31, 2001

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