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. 57 Tuesday, June 5, 2001 Fifty-seventh Day


The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Charles J. Fogarty, at 4:02 o'clock P.M.

The roll is called and a quorum is declared present with 50 Senators present and 0 Senators absent as follows:

PRESENT - 60: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, 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-0.

INVOCATION


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

(See Appendix for Invocation)


PLEDGE OF ALLEGIANCE TO THE FLAG



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

APPROVAL OF RECORD


The Senate Journal of Thursday, May 31, 2001 proceedings is read in part.

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

GUESTS


Upon suggestion of Senator Hunter, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Carol McCourt, Tyler McCourt, Connor McCourt, Kaitlyn McCourt and Connor McCarty.

Also:

Upon suggestion of Senator Graziano, Senate Majority Leader Irons, Senators Polisena, Blais, Cote and Izzo, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Marlene C. McCarthy, Chair, Rhode Island Breast Cancer Coalition, and her husband Joseph McCarthy.

His Honor, the Lieutenant Governor, presents the following communication:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER


June 1, 2001

His Honor, Charles J. Fogarty
Lieutenant Governor
116 State House
Providence, RI 02903

Dear Lt. Governor Fogarty:

I am writing to inform you that I will be out of the State on Thursday, June 7th, 2001.

I will be attending a NCSL Conference in Bethesda, Maryland and therefore will not be in attendance for the Senate Session on June 7th, 2001.

Thank you.

Sincerely,

CATHERINE E. GRAZIANO
Senator, District 5

Received and ordered to be placed on file.

APPOINTMENTS BY THE GOVERNOR


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

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE


Lincoln Almond
Governor

May 24, 2001

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 42-55-4 of the Rhode Island General Laws, I have made the following appointment to the Rhode Island Housing and Mortgage Finance Corporation.

Paul Lewis of Providence
VICE
Michael N. Keselica

for a term to expire July 1, 2003.

To this appointment, I respectfully request your advice and consent.

Sincerely,

LINCOLN ALMOND
Governor

Read and referred to the Committee on Judiciary.

Also:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE


Lincoln Almond
Governor

May 31, 2001

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 42-7&2 of the Rhode Island General Laws, I have made the following appointment to the Rhode Island State Council on the Arts:

Margaret Melozzi of Tiverton
VICE
Thomas J. Reilly

for a term expiring March 1, 2004.

To this appointment, I respectfully request your advice and consent.

Sincerely,

LINCOLN ALMOND
Governor

Read and referred to the Committee on Judiciary.

Also:

STATE OF RHODE ISLAND AND PRoVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE


Lincoln Almond
Governor

May 24, 2001

To the Honorable, the Senate;

I have the honor to inform you that in accordance with the provisions of Section 16-60-2 of the Rhode Island General Laws, I have made the following reappointment to the Board of Regents for Elementary and Secondary Education:

Vidal P. Perez of Warwick for a term expiring January 31, 2004.

To this reappointment, I respectfully request your advice and consent.

Sincerely,

LINCOLN ALMOND
Governor

Read and referred to the Committee on Judiciary.

Also:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE


Lincoln Almond
Governor

May 31,2001

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 42-7&2 of the Rhode Island General Laws, I have made the following reappointment to the Rhode Island State Council on the Arts:

B. Michael Rauh, Jr. of Narragansett for a term expiring March 1, 2004.

To this reappointment, I respectfully request your advice and consent.

Sincerely,

LINCOLN ALMOND
Governor

Read and referred to the Committee on Judiciary.

APPROVED BY THE GOVERNOR


His Honor, the Lieutenant Governor, presents an announcement of the receipt by the Secretary of State of the following measure, signed and approved May 30, 2001, by His Excellency, the Governor:

(01-S 963) An Act relating to solemnization of marriages.

EDWARD S. INMAN, III
Secretary of State

Received and ordered to be placed on file.

FROM THE


HOUSE OF REPRESENTATIVES


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

(01-H 5772) An Act relating to the Town of Lincoln Juvenile Hearing Board.

Read and referred to the Committee on Corporations.

Also:

(01-H 5603 as amended) An Act relating to state affairs and government - Department of Attorney General.

Read and referred to the Committee on Judiciary.

REPORT OF COMMITTEE

COMMITTEE ON CORPORATIONS


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

(01-S 489) (Substitute "A") An Act relating to businesses and professions contractors' registration.

Read and ordered to be placed on the Calendar.

NEW BUSINESS


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

Senators Kells, Felag and Ruggerio present (01-S 979) Senate Resolution proclaiming December 1, 2001 as "Providence Marine Corps of Artillery (PMCA) Day" in the State of Rhode Island.

Senator Kells requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senators Graziano, Polisena, Irons and Damiani present (01-S 980) Senate Resolution honoring Marlene McCarthy for her outstanding commitment to Breast Cancer Awareness.

Senator Graziano requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senator Enos presents (01-S 981) Senate Resolution honoring Raymond L. Morin for his unselfish and passionate work helping others.

Senator Enos requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senators Cicilline and Paiva Weed present (01-S 982) Senate Resolution congratulating Rodrego S. Borgueta on the occasion of his retirement as Superintendent of the Newport School Department.

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.

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 measures on today's Consent Calendar, by unanimous consent, are read and passed upon a voice vote:

1. (99-S855) Senate Resolution memorializing Congress to amend Title 10, United States Code, relating to the compensation of retired military.

2. (99-S972) An Act reinstating and restoring forfeited or revoked corporate charters.

CALENDAR


In order for the day is taken up as follows:

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.

Senator McBurney, seconded by Senate Majority Leader Irons and Senators Coderre, Caprio, Connors, Felag, Walaska, Kells, Algiere, Roney, Roberts, Badeau, Raptakis, Kelly and many more, moves that confirmation of the Senate be given this reappointment.

By unanimous consent, the confirmation of the Senate is given this appointment, upon a roll call vote with 50 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS 60: Senators Algiere. Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, 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.

GUEST


Upon suggestion of Senators Montalbano and Kelly, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Henry S. Kinch, Jr. of Pawtucket, newly confirmed Clerk of the Superior Court for Providence and Bristol Counties.

CALENDAR


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.

Senator Montalbano, seconded by Senate Majority Leader Irons and Senators Coderre, Perry, Kells, Goodwin, Algiere, Cote, Badeau, Kelly and many others, moves that confirmation of the Senate be given this reappointment.

By unanimous consent, the confirmation of the Senate is given this appointment, upon a roll call vote with 50 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 50: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, 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.

GUESTS


Upon suggestion of Senators Cote and Kelly, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Jerome Smith of Woonsocket, newly confirmed Chief Clerk of the Rhode Island District Court, and his wife Leslie Smith.

CALENDAR




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.

Senator Algiere, seconded by Senators Breene, Blais, Felag, Montalbano and many more, moves that confirmation of the Senate be given this appointment.

By unanimous consent, the confirmation of the Senate is given this appointment, upon a roll call vote with 50 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 60: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, 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.

GUEST


Upon suggestion of Senator Algiere, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Charles Henry Hollis of Warwick, newly confirmed Clerk of the Superior Court for Newport County.

CALENDAR


4. Appointment of Brian B. Burns 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.

Senator Montalbano, seconded by Senators Algiere, Cicilline, Kells, Igliozzi, Cicilline and many others, moves that confirmation of the Senate be given this appointment.

By unanimous consent, the confirmation of the Senate is given this appointment, upon a roll call vote with 50 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 50: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, 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.

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.

Senator Algiere, seconded by Senate Majority Leader Irons and Senators Montalbano, Blais, Breene and many others, moves that confirmation of the Senate be given this reappointment.

By unanimous consent, the confirmation of the Senate is given this appointment, upon a roll call vote with 50 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - SO: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, 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.

GUEST


Upon suggestion of Senators Algiere, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Courtland R. Chapman of Westerly, newly confirmed Clerk of the Superior Court for Washington County.

CALENDAR


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.

Senator Graziano, seconded by Senators Montalbano, Roney, Gibbs, Walton, Perry, Kells, Paiva Weed, McCaffrey and others, moves that confirmation of the Senate be given this reappointment.

By unanimous consent, the confirmation of the Senate is given this appointment, upon a roll call vote with 50 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 50: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, 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.

GUEST


Upon suggestion of Senator Paiva Weed, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Jane M. Anthony of Jamestown, newly confirmed Clerk of the Superior Court for Kent County.

CALENDAR


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.

Senator Roberts moves passage, seconded by Senators Gallo, Celona, Roney and Lenihan.

Senator Roberts, seconded by Senator Gallo, offers the following written motion to amend:

FLOOR AMENDMENT


(01-S 713 as amended)

Mr. President:

I hereby move to amend (01-S 713 as amended) entitled "AN ACT RELATING TO UNFAIR COMPETITION AND DECEPTIVE ACTS AND PRACTICES IN THE BUSINESS OF INSURANCE", as follows:

On page 8, insert the following language at the end of line 8: "Nothing herein shall require the disclosure of confidential information in violation of the federal Health Insurance Portability and Accountability Act (Public Law 104-191)."

Respectfully submitted,

ELIZABETH H. ROBERTS
Senator, District 11

The motion to amend prevails upon a roll call vote with 46 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

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

NAYS -0.

Upon motion of Senator Roberts, seconded by Senator Gallo, read and passed, as amended, 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, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Roberts, Roney, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walsh, Walton.

NAYS -0.

COMMUNICATION


His Honor, the Lieutenant Governor, presents the following communication:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER



STATEMENT OF POTENTIAL CONFLICT


To the Honorable Senate:

I, Dennis L. Algiere, under oath depose and say:

1. I am a duly elected member of the Rhode Island Senate.

2. This statement is made in accord with Rhode Island General Law section 36-14-6.

3. In my official capacity, I may be expected or required to vote or participate in the deliberations of bill (01-S 441), now pending before the Senate or a committee thereof.

4. I request that I be excused from voting, deliberating or taking action on the matter.

5. I do not desire to vote or deliberate because I have a conflict of interest as follows.

I am a member of the governing board of Westerly Hospital.

6. This statement is true to the best of my knowledge.

DENNIS L. ALGIERE
Senator, District 26

Subscribed and sworn to before me this 5th day of June, 2001.

JEFFREY A. LANPHEAR
Notary Public

Ordered to be placed on file.

CALENDAR


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 "A".

Senator Igliozzi moves passage, seconded by Senators Graziano, Polisena, Damiani, Coderre and many others.

Senate Majority Leader Irons and Senators Gibbs, Igliozzi and Celona 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, 0 Senators voting in the negative and 1 Senator abstaining as follows:

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

NAYS -0.

ABSTAINED - 1: Senator Algiere.

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 "A".

Upon suggestion of Senator Coderre, and without objection, ordered to be recommitted to the Committee on Corporations.

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".

Senator Walton moves passage, seconded by Senators Goodwin, Celona, Kells and Roney.

Senators Walsh, Walton, Celona and Lenihan discuss the act.

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 8 Senators voting in the negative as follows:

YEAS - 35: Senators Algiere, Alves, Caprio, Celona, Cicilline, Coderre, Connors, Damiani, DaPonte, Donelan, Felag, Gallo, Garabedian, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kells, McBurney, McCaffrey, Montalbano, Paiva Weed, Perry, Polisena, Roberts, Roney, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walton.

NAYS - 8: Senators Bates, Blais, Breene, Enos, Kelly, Parella, Raptakis, Walsh.

11. (99-S742) An Act relating to taxation -levy and assessment of local taxes.

Committee on Corporations recommends passage.

Senator Ruggerio moves passage, seconded by Senators Goodwin, Celona and others.

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

NAYS -0.

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

Committee on Corporations recommends passage.

Senator Caprio moves passage, seconded by Senators Celona, Ruggerio and Goodwin.

The act is read and passed, by unanimous consent, upon a roll call vote with 47 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

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

NAYS -0.

13. (99-S832) (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".

Senator Perry moves passage, seconded by Senators Kells, Walton, Hunter, Ruggerio, Cicilline and many others.

Senators Cicilline, Celona, Roberts, Garabedian and Perry 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 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, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, 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.

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

Committee on Corporations recommends passage.

Senator Gibbs moves passage, seconded by Senators Blais, Breene and Cicilline.

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

NAYS -0.

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

Committee on Corporations recommends passage.

Senator Walsh moves passage, seconded by Senators Sosnowski and Garabedian.

Senators Goodwin and Walsh discuss the act.

The act is read and passed, upon a roll call vote with 44 Senators voting in the affirmative and 4 Senators voting in the negative as follows:

YEAS - 44: 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, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Paiva Weed, Parella, Polisena, Raptakis, Revens, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walsh.

NAYS - 4: Senators Goodwin, Perry, Roney, Walton.

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.

Senator Algiere moves passage, seconded by Senator Blais.

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

YEAS - 48: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, 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, Roney, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walsh, Walton.

NAYS -0.

NOW PRESIDING



His Honor, the Lieutenant Governor, yields the rostrum to the Honorable President Pro Tempore, John C. Revens, Jr. at 5:00 o'clock P.M.

CALENDAR


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

Committee on Corporations recommends passage.

Senate Majority Leader Irons moves passage, seconded by Senators DaPonte, Damiani, Celona, Walton, Bates and others.

Senator Celona, seconded by Senator Damiani, offers the following written motion to amend:

FLOOR AMENDMENT

TO



(01-S 954)


Mr. President:

I hereby move to amend (01-S 954) entitled "AN ACT RELATING TO DISTRESSED AREAS -ECONOMIC REVITALIZATION ACT", as follows:

On page 2, line 16, delete the numerals "10g.01" and insert in lieu thereof the numerals "107.01".

Respectfully submitted,

JOHN A. CELONA
Senator, District 36

The motion to amend prevails upon a voice vote.

Upon motion of Senate Majority Leader Irons, seconded by Senator Celona, read and passed as amended, by unanimous consent, upon a roll call vote with 50 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 50: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, 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.

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

Committee on Corporations recommends passage as amended in concurrence.

Senator Tassoni moves passage, seconded by Senators Celona, Ruggerio, Hunter and Polisena.

The act is read and passed, as amended, in concurrence, by unanimous consent, upon a roll call vote with 47 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 47: Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Cote, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, 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.

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".

Senator Graziano moves passage, seconded by Senators Gallo, Hunter, Goodwin, Issa, Walsh, Alves, Sheehan, Parella, Blais, Kells, Ruggerio, Felag, Roberts, Celona, Montalbano and many others.

The bill marked Substitute "B" is read and passed, and the original bill and the bill marked Substitute "A" indefinitely postponed, by unanimous consent, upon a roll call vote with 50 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 50: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, 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.

NOW PRESIDING


The Honorable President Pro Tempore yields the rostrum to His Honor, the Lieutenant Governor, Charles J. Fogarty, at 5:05 o'clock P.M.

CALENDAR


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

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

Upon suggestion of Senator Coderre, and without objection, ordered to be recommitted to the Committee on Health, Education and Welfare.

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.

Senator Graziano moves passage, seconded by Senators Polisena, Sheehan and many others.

The bill marked Substitute "A" is read and passed, as amended, in concurrence, and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 47 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 47: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Coderre, 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.

22. (01-H 5907) (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 hill and passage of Substitute "A,' in concurrence.

Senator Graziano moves passage, seconded by Senators Celona, Walsh, Roberts, Izzo, Tassoni, Polisena and many others.

Senator Polisena, Senate Majority Leader Irons, Senators Roney and Garabedian discuss the act.

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

YEAS - 48: Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Goodwin, 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.

23.

(01-S 229) (Substitute "A") An Act relating to worker's compensation.

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

Upon suggestion of Senator Ruggerio, and without objection, ordered to be placed on the Desk.

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.

Senator Badeau moves passage, seconded by Senators Ruggerio and Tassoni.

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

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

NAYS -0.

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.

Senator Badeau moves passage, seconded by Senators Ruggerio, Tassoni, DaPonte and others.

The act is read and passed, in concurrence, 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, Goodwin, 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.

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

Committee on Judiciary recommends passage.

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

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 Felag announces that the Committee on Finance will meet today at the rise of the Senate in Room 211 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.

Also:

Senator Sosnowski announces that the Committee on Labor will meet on Wednesday, June 6, 2001, at 3:00 o'clock P.M. in Room 212 of the State House.

Also:

Senator Goodwin announces that the Committee on Special Legislation will meet on Wednesday, June 6, 2001, at the rise of the Senate in the Room 211 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 5:15 o'clock P.M,

RAYMOND T. HOYAS, JR.
Secretary of the Senate

Appendix



INVOCATION


SENATOR ELIZABETH H. ROBERTS


Lord, we pause to seek Your wisdom and direction. In all our endeavors may we be mindful of Your presence. Amen.

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".

4. (99-S728) (Substitute "A") An Act relating to recording of instruments.

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

5. (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".

Appendix



CALENDAR


In order for Thursday, June 7, 2001:

1. (99-S935 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.

4. (99-S262) An Act relating to sovereign immunity.

Committee on Judiciary recommends passage.

5. (99-S489) (Substitute "A") An Act relating to businesses and professions - contractors' registration.

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

RAYMOND T. HOYAS, JR.
Secretary of the Senate

Tuesday, June 5, 2001



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