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 first day of January in the year of Our Lord two thousand and two.
Volume 129, No. 18 Wednesday, February 13, 2002 Eighteenth Day


The Senate meets pursuant to adjournment and is called to order by

His Honor, the Lieutenant Governor, Charles J. Fogarty, at 4:07 o'clock P.M.

The roll is called and a quorum is declared present with 46 Senators present and 4 Senators absent as follows:

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

ABSENT - 4: Senators Coderre, Damiani, Igliozzi, Kelly.

INVOCATION


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

(See Appendix for Invocation)


PLEDGE OF ALLEGIANCE TO THE FLAG

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

APPROVAL OF RECORD


The Senate Journal of Tuesday, February 12, 2002 proceedings is read in part.

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

GUESTS


Upon suggestion of Senator Fogarty, and by unanimous consent,

His Honor, the Lieutenant Governor, welcomes to the Chamber Ponaganset Basketball Association Senior League 2002 Champs Coach Ted Burns, Players John Healy, Jacob Griffiths, Alan Sousa, Ryan Whetstone, Pat Walsh, Jacob Michaels, Corey Sanchez, Pat Fogarty, Connor Morgan and Colin Burns. Also, the Ponaganset Basketball Association Intermediate League 2002 Champs, Players Brendan Fogarty, Devon Paquin, Tyler Weiss, George Waterman, Cory Myers, Brandon Remuck, Daniel Fogarty, Michael Fogarty, Daniel Buckley, Nick Landry, Steven Shangran and Andrew Murroy.

Upon suggestion ofSenate Majority Leader Irons, and by unanimous consent,

His Honor, the Lieutenant Governor, welcomes to the Chamber Chief Judge Robert F. Arrigan - Workers' Compensation, George E. Healey, Associate Justice - Workers' Compensation, John Barrette, State Court Administrator, Gail Valuk, Assistant State Court Administrator, Christine Jabour, General Counsel, Magistrate Angela M. Bucci, Family Court, Magistrate Deborah Desegna, Family Court, Gerard Visconti, Chair of the Judicial Nominating Commission, Paul Petit, Executive Director Facilities Operations, Robert Sieczkiewicz, Director of Finance, John Goodman, Director of Public Relations, Associate Justice Richard Gonnella, District Court, and Kevin Spina, Assistant District Court Administration.

Upon suggestion of Senator Graziano, and by unanimous consent,

His Honor, the Lieutenant Governor, welcomes to the Chamber Gabriella Marote, a sophomore at Salve Regina University, who will be serving as an intern this year.

Upon suggestion ofSenate Majority Leader Irons, and by unanimous consent,

His Honor, the Lieutenant Governor, welcomes to the Chamber Diana Kahn, Larry Kahn, Gene Gasbarro and Representative Peter Wasylyk.

STATE OF THE JUDICIARY


Senator Montalbano introduces the Honorable Frank J. Williams, Chief Justice of the Rhode Island Supreme Court

Chief Justice Williams is escorted to the rostrum. The Senate attends.

Chief Justice Williams delivers his first State of the Judiciary to the Senate.

(For remarks, please go to www.courts.state.ri.us)


COMMUNICATION


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

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

SENATE CHAMBER


February 12, 2002

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





HAND DELIVERED

Dear Governor Fogarty:

Please be advised that I will be absent from the Senate Session on Wednesday, February 13, 2002 and Thursday, February 14, 2002.



Please make the appropriate notation in the Senate Journal. Thank you for your cooperation.

Sincerely,

PAUL S. KELLY
Senator, District 30

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

February 7, 2002

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:

Mario Mancieri of Bristol

for a term expiring January 31, 2005.

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

February 7, 2002

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: Gary Grove of Warren for a term expiring January 31, 2005.

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

February 7, 2002

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: Jo-Eva Gaines of Newport for a term expiring January 31, 2005.

To this appointment, I respectfully 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:

(02-H 6625) An Act to vacate the forfeiture or revocation of the charter of Suit Systems, Inc.

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.

Senate Majority Leader Irons and Senators Kells, Montalbano, Graziano, McBurney and others present (02-S 2824) Senate Resolution congratulating the Honorable William Zuccarelli on his 88th birthday.

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 the entire Senate.

Senator McBurney,Senate Majority Leader Irons, Senators Algiere, Roney and Graziano discuss the resolution. The Resolution 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, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Connors, Cote, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, Graziano, Hunter, Irons, Izzo, Kells, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Paiva Weed, Parella, Perry, Raptakis, Revens, Roney, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walsh, Walton.

NAYS - 0.

Senators Tassoni, Irons, Polisena, Montalbano and Hunter present (02-S 2825) Senate Resolution requesting the Public Utilities Commission (PUC) to investigate the New England Gas Company's practices pertaining to the health and safety of the citizens of Rhode Island.

Read and referred to the Committee on Corporations.

CONSENT CALENDAR




In order for the day is taken up as follows:

Upon motion ofSenate Majority Leader Irons, seconded by Senator Algiere, the following measure on today's Consent Calendar, by unanimous consent, is read and passed, upon a voice vote:

1. (02-H7699) An Act to vacate the forfeiture or revocation of the charter of Rhode Island Transmission Exchange, Inc.

CALENDAR


In order for the day is taken up as follows:

1. (02-H7056 as amended) An Act relating to redistricting of the General Assembly.

Ordered on the Calendar.

Senator Montalbano moves passage, seconded by Senator Majority Leader Irons and Senators Celona, Cote, Graziano and many others.

Senator Cicilline, seconded by Senators Paiva Weed, Walton and others, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(02-H 7056 as amended)


Mr. President:

I hereby move to amend (02-H 7056 as amended) entitled ``AN ACT RELATING TO REDISTRICTING OF THE GENERAL ASSEMBLY'', as follows:

By deleting all of the language on lines 24 through 34, and on page 10, lines 1 through 9, and inserting in place thereof the following:

``The ninth district shall also consist of all of that part of the town of Warren bounded by a line beginning at the intersection of the Warren-Barrington boundary line and the Rhode Island-Massachusetts boundary line; thence southeasterly along the Rhode Island-Massachusetts boundary line to the Warren-Tiverton boundary line; thence southwesterly along the Warren-Tiverton boundary line to the Warren-Bristol boundary line; thence northwesterly along the Warren-Bristol boundary line to Metacom avenue; thence northerly along Metacom avenue to Vernon street; thence westerly on Vernon street to Main street; thence southerly on Main street to Bridge street; thence westerly on Bridge street and its extension to the Warren-Barrington boundary line in the Warren River; thence northerly along the Warren-Barrington boundary line to the point of origin.'' (2) By deleting all of the language on page 10, lines 11 through 32, and on page 11, lines 1 through 14, and inserting in place thereof the following:

``Tenth District: The tenth senatorial district shall consist of all of that part of the town of Warren not included in the ninth senatorial district.

The tenth senatorial district shall also consist of all of the town of Bristol.

The tenth senatorial district shall also consist of all of that part of the town of Portsmouth bounded by a line beginning at the intersection of the Portsmouth-Bristol boundary line and the Mount Hope Bridge; thence southerly on the Mount Hope Bridge to New York New Haven and Hartford Railroad; thence northeasterly along the New York New Haven and Hartford Railroad to Bristol Ferry road; thence southerly on Bristol Ferry road to Turnpike avenue; thence southerly on Turnpike avenue to Rhode Island route 24; thence southwesterly on Rhode Island route 24 to West Main road; thence southwesterly on West Main road to Lawton Brook; thence northwesterly on Lawton Brook to an unnamed pond; thence northwesterly along the northern shore of unnamed pond to a line extended northwesterly to Narragansett Bay; thence northwesterly along that line (boundary line between census blocks 440050401039003 and 440050401039020) to Narragansett Bay; thence southwesterly along the eastern shore of the mean low water level of Narragansett Bay to the Portsmouth-Middletown boundary line; thence northwesterly along the Portsmouth-Middletown boundary line to the Portsmouth-Jamestown boundary line; thence continuing northwesterly along the Portsmouth-Jamestown boundary line to the Portsmouth-North Kingstown boundary line; thence northerly along the Portsmouth-North Kingstown boundary line to the Portsmouth- Warwick boundary line; thence northeasterly along the Portsmouth- Warwick boundary line to the Portsmouth-Barrington boundary line; thence southerly along the Portsmouth-Barrington boundary line to the Portsmouth-Bristol boundary line; thence southeasterly along the Portsmouth-Bristol boundary line to the point of origin.

The tenth district shall also include all of that part of the town of Portsmouth known as Prudence Island; Patience Island; Hog Island; Hope Island; Gooseberry Island; and Despair Island.''

(3) By deleting all of the language on page 11, lines 16 through 32, and on page 12, lines 1 through 4, and inserting in place thereof the following:

``Eleventh District: The eleventh senatorial district shall consist of all of that part of the town of Portsmouth bounded by a line beginning at the Mount Hope Bridge and the Portsmouth- Bristol boundary line in Mount Hope Bay; thence northeasterly along the Portsmouth-Bristol boundary line to the Portsmouth-Tiverton boundary line; thence southerly along the Portsmouth-Tiverton boundary line in the Sakonnet River to a line extended easterly to the Portsmouth-Tiverton boundary line; thence westerly along that line (boundary line between census blocks 440050401 021050 and 440050401021075)to Sherwood terrace; thence northwesterly on Sherwood terrace to Fairview lane; thence southwesterly on Fairview lane to East Main road; thence southerly on East Main road to Stub Toe lane; thence westerly on Stub Toe lane to Middle road; thence southwesterly on Middle road to Mill lane; thence northwesterly on Mill lane to Wilkey avenue; thence southerly on Wilkey avenue to Leander avenue; thence westerly on Leander avenue to Elaine avenue; thence southwesterly on Elaine avenue to Watson drive; thence continuing southwesterly on Watson drive to Locust avenue; thence northwesterly on Locust avenue to West Main road; thence northeasterly on West Main road to Rhode Island route 24; thence continuing northeasterly on Rhode Island route 24 to Turnpike avenue; thence northerly on Turnpike avenue to Bristol Ferry road; thence northeasterly on Bristol Ferry road to New York New Haven and Hartford Railroad; thence northeasterly on New York New Haven and Hartford Railroad; thence southwesterly on New York New Haven and Hartford Railroad to Mount Hope Bridge; thence northerly on Mount Hope Bridge to the point of origin.

The eleventh district shall also consist of all of that part of the town of Portsmouth known as Gould Island.

The eleventh district shall also consist of all of the town of Tiverton. The eleventh district shall also consist of all of the town of Little Compton.''

(4) By deleting all of the language on page 12, lines 6 through 23, and inserting in place thereof the following:

``Twelfth district: The twelfth district shall consist of all of that part of the town Portsmouth bounded by a line beginning at the intersection of East Main road and Fairview lane; thence northeasterly on Fairview lane to Sherwood terrace; thence southerly on Sherwood terrace to a line extended easterly to the Portsmouth-Tiverton boundary line in the Sakonnet River; thence easterly along that line (boundary line between census blocks 440050401021075 and 440050401021050) to the Portsmouth-Tiverton boundary line in the Sakonnet River; thence southerly along the Portsmouth-Tiverton boundary line to the Portsmouth-Little Compton boundary line; thence continuing southerly along the Portsmouth-Little Compton boundary line to the Portsmouth-Middletown boundary line; thence northwesterly along the Portsmouth-Middletown boundary line to East Main road; thence northeasterly on East Main road to the point of origin. The twelfth district shall also consist of all of that part of the town of Middletown bounded by a line beginning at the intersection of East Main road and the Middletown-Portsmouth boundary line; thence southeasterly along the Middletown-Portsmouth boundary line to the Sakonnet River; thence southerly along the western shore of the mean low water level of the Sakonnet River to Sachuest Bay; thence westerly along the northern shore of Sachuest Bay to Easton Bay; thence northwesterly along the eastern shore of Easton Bay to the Middletown-Newport boundary line; thence northwesterly along the Middletown-Newport boundary line to West Main road; thence northerly on West Main road to East Main road; thence northeasterly on East Main road to the point of origin.

The twelfth district shall also consist of all of that part of the town of Newport bounded by a line beginning at the intersection of Bliss road and the Newport-Middletown boundary line; thence southeasterly along the Newport-Middletown boundary line to the Atlantic Ocean; thence southwesterly along the northern shore of the mean low water level of the Atlantic Ocean to Narragansett Bay; thence northeasterly along the eastern shore of the mean low water level of Narragansett Bay to Newport Harbor; thence continuing northeasterly through Newport Harbor to the Long Wharf extension to Newport Harbor; thence northeasterly along that line (boundary line between census blocks 440050410001017 and 44006041 1002027) to Long Wharf; thence easterly on Long Wharf to Thames street; thence northerly on Thames street to Farewell street; thence northwesterly on Farewell street to Warner street; thence northeasterly on Warner street to Malbone road; thence southeasterly on Malbone road to Bliss road; thence easterly on Bliss road to the point of origin.''

(5) By deleting all of the language on page 12, lines 25 through 34, and on page 13, lines 1 through 3, and inserting in place thereof the following:

``Thirteenth district: The thirteenth district shall consist of all of that part of the town of Middletown not included in the twelfth senatorial district.

The thirteenth district shall also consist of all of that part of the town of Newport not included in the twelfth senatorial district.

The thirteenth district shall also consist of all of the town of Jamestown.''

Respectfully submitted,

J. CLEMENT CICILLINE
Senator, District 50

Senators Montalbano and Enos discuss the amendment.

The motion to amend fails of passage upon a roll call vote with 7 Senators voting in the affirmative and 34 Senators voting in the negative as follows:

YEAS - 7: Senators Cicilline, Enos, Felag, Paiva Weed, Parella, Walsh, Walton.

NAYS - 34: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Connors, Cote, DaPonte, Donelan, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, Graziano, Hunter, Irons, Izzo, Kells, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Polisena, Revens, Roney, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.

Senator Walton, seconded by Senators Enos, Parella and Cicilline, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(02-H 7056 as amended)


Mr. President:

I hereby move to amend (02-H 7056 as amended) entitled ``AN ACT RELATING TO REDISTRICTING OF THE GENERAL ASSEMBLY'', as follows:

(1) On page 4, by deleting all the language on lines 28 through 34.

(2) On page 5, by deleting all the language on lines 1 through 34.

(3) On page 6, by deleting all of the language on lines 1 through 6.

(4) On page 4, after line 27, by inserting the following language: ``First District: The first senatorial district shall consist of all of that part of the city of Providence bounded by a line beginning at the intersection of interstate route 95 and the Providence-Pawtucket boundary line; thence easterly alone the Providence-Pawtucket boundary line to the Seekonk River; thence southerly along the Seekonk River to Henderson Bridge; thence westerly across Henderson Bridge to Paterson street; thence northerly on Paterson street to Angell street; thence southwesterly on Angell street to Hope street; thence southerly on Hope street to interstate route 195; thence westerly on interstate route 195 to Point street; thence southwesterly on Point to the Providence River; thence northwesterly along the Providence River to Exchange terrace; thence northeasterly on Exchange terrace to Steeple street; thence continuing northeasterly on Steeple street to North Main street; thence northerly on North Main street to Branch avenue; thence northwesterly on Branch avenue to interstate route 95; thence northerly on interstate route 95 to the point of origin.

Second District: The second senatorial district shall consist of all of that part of the city of Providence bounded by a line beginning at the intersection of Dexter street and Sprague street; thence easterly on Sprague street to Fuller street; thence northerly on Fuller street to Wilson street; thence easterly on Wilson street to Elmwood avenue; thence northeasterly on Elmwood avenue to Fricker street; thence northwesterly on Fricker street to Westminster street; thence northeasterly on Westminster street to Service Road 7; thence northwesterly on Service Road 7 to Washington street; thence northeasterly on Washington street to interstate route 95; thence northwesterly on interstate route 95 to the southwesterly extension of Fountain street; thence northeasterly along the extension to Fountain street; thence continuing northeasterly on Fountain street to Exchange terrace; thence continuing northeasterly on Exchange terrace to Cookson place; thence northerly on Cookson place to Memorial boulevard; thence easterly on Memorial boulevard to Exchange terrace; thence northeasterly on Exchange terrace to the Providence River; thence southeasterly through the Providence River to the Providence-East Providence boundary line; thence continuing southeasterly along the Providence-East Providence boundary line to Providence-Cranston boundary line; thence westerly, southwesterly, and northerly along the Providence-Cranston boundary line to the former New York New Haven and Hartford Railroad (hereinafter simply the ``New York New Haven and Hartford Railroad''); thence northerly along the New York New Haven and Hartford Railroad to Elmwood avenue; thence northwesterly on Elmwood avenue to interstate route 95; thence northeasterly on interstate route 95 to Broad street; thence northwesterly on Broad street to Stanwood street; thence southwesterly on Stanwood street to Hamilton street; thence northwesterly on Hamilton street to Public street; thence southwesterly on Public street to Greenwich street; thence westerly on Greenwich street to Bucklin street: thence northerly on Bucklin street to Dexter street; thence northwesterly on Dexter street to the point of origin. Third District: The third senatorial district shall consist of all of that part of the city of Providence bounded by a line beginning at the intersection of the Providence-Johnston boundary line and Sunset avenue; thence southeasterly on Sunset avenue to Killingly street; thence continuing southeasterly on Killingly street to Plainfeld street; thence northeasterly on Plainfield street to United States route 6; thence southeasterly on United States route 6 to Rhode Island route 10; thence southerly on Rhode Island route 10 to Union avenue; thence easterly on Union avenue to Service road; thence northerly on Service road to an unnamed road; thence southeasterly on the unnamed road (boundary line between census blocks 440070014004001 and 440070013003008) to Union avenue; thence northeasterly on Union avenue to Messer street; thence southeasterly on Messer street to Cranston street; thence northeasterly on Cranston street to Superior street; thence southeasterly on Superior street to Sprague street; thence easterly on Sprague street to Bucklin street; thence southerly on Bucklin street to Greenwich street; thence easterly on Greenwich street to Public street; thence northeasterly on Public street to Hamilton street; thence southerly on Hamilton street to Stanwood street; thence northeasterly on Stanwood street to Broad street; thence southeasterly on Broad street to interstate route 95; thence southwesterly on interstate route 95 to Elmwood avenue; thence southeasterly on Elmwood avenue to New York New Haven and Hartford Railroad; thence southwesterly along New York New Haven and Hartford Railroad to the Providence-Cranston boundary line; thence northwesterly along the Providence-Cranston boundary line to the Providence-Johnston boundary line; thence northerly along the Providence-Johnston boundary line to the point of origin.''

(5) On page 6, by deleting all the language on lines 31 through 34.

(6) On page 7, by deleting all the language on lines 1 through 21.

(7) On page 6, after line 30 by inserting the following language: ``Fifth District: The fifth senatorial district shall consist of all of that part of the city of Providence bounded by a line beginning at the intersection of the Providence-Johnston boundary line and the Woonasquatucket River; thence southeasterly along the Woonasquatucket boundary line to Glenbridge avenue; thence southwesterly on Glenbridge avenue to United States route 6; thence southeasterly on United States route 6 to the Woonasquatucket River; thence northeasterly and southeasterly along the Woonasquatucket River to Bosworth street; thence northeasterly on Bosworth street to Manton avenue; thence northwesterly on Manton avenue to Steere avenue; thence northeasterly on Steere avenue to Hannah street; thence northerly on Hannah street to Atwells avenue: thence easterly on Atwells avenue to Rhode Island route 10: thence northwesterly on Rhode Island route 10 to United States route 6; thence easterly on Rhode Island route 10 to Cookson place; thence southerly on Cookson place to Exchange terrace; thence southwesterly on Exchange terrace to Fountain street; thence southeasterly on Fountain street and its extension to interstate route 95; thence southeasterly on interstate route 95 to Washington street; thence westerly on Washington street to Service Road 7; thence southeasterly on Service Road 7 to Westminster street; thence southwesterly on Westminster street to Fricker street; thence southeasterly on Fricker street to Broad street; thence southwesterly on Broad street to Elmwood avenue; thence continuing southwesterly on Elmwood avenue to Wilson street; thence westerly on Wilson street to Fuller street; thence southerly on Fuller street to Sprague street; thence westerly on Sprague street to Superior street; thence continuing westerly on Superior street to Cranston street; thence southerly on Cranston street to Messer street; thence northwesterly on Messer street to Union avenue; thence southwesterly on Union avenue to an unnamed road; thence northerly along the unnamed road (boundary line between census blocks 440070014004001 and 440070013003008) to Service road; thence southerly on Service road to Union avenue; thence westerly on Union avenue to Rhode Island route 10; thence northerly on Rhode Island route 10 to United States route 6; thence northwesterly on United States route 6 to Plainfield street; thence southwesterly on Plainfield street to Killingly street; thence northwesterly on Killingly street to Sunset avenue; thence continuing northwesterly on Sunset avenue to the Providence-Johnston boundary line; thence northerly along the Providence-Johnston boundary line to the point of origin.''

Respectfully submitted,

CHARLES D. WALTON
Senator, District 9

Senator Montalbano discusses the amendment.

The motion to amend fails of passage upon a roll call vote with 6 Senators voting in the affirmative and 36 Senators voting in the negative as follows:

YEAS - 6: Senators Cicilline, Enos, Paiva Weed, Parella, Walsh, Walton.

NAYS - 36: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Connors, Cote, DaPonte, Donelan, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, Graziano, Hunter, Irons, Izzo, Kells, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Polisena, Raptakis, Revens, Roney, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.

Senator Parella, seconded by Senators Enos, Cicilline, Felag and Walton, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(02-H 7056 as amended)


Mr. President:

I hereby move to amend (02-H 7056 as amended) entitled ``AN ACT RELATING TO REDISTRICTING OF THE GENERAL ASSEMBLY'', as follows:

1. On page 9, by deleting all language on lines 6 through 24, and inserting in place thereof the following: ``The ninth district shall also consist of all of that part of the town of Warren bounded by a line beginning at the intersection of the Warren-Barrington boundary line and the Rhode Island- Massachusetts boundary line; thence southeasterly along the Rhode Island-Massachusetts boundary line to the Warren-Tiverton boundary line; thence southwesterly along the Warren-Tiverton boundary line to the Warren-Bristol boundary line; thence northwesterly along the Warren-Bristol boundary line to Metacom avenue; thence northerly along Metacom avenue to Vernon street; thence westerly on Vernon street to Main street; thence southerly on Main street to Bridge street; thence westerly on Bridge street and its extension to the Warren-Barrington boundary line in the Warren River; thence northerly along the Warren-Barrington boundary line to the pint of origin.''

2. By deleting all of the language on page 9, lines 26 through 34, and on page 10, lines 1 through 27, and inserting in place thereof the following:

``Tenth District: The tenth senatorial district shall consist of all of that part of the town of Warren not included in the ninth senatorial district.

The tenth senatorial district shall also consist of all of the town of Bristol. The tenth senatorial district shall also consist of all of that part of the town of Portsmouth bounded by a line beginning at the intersection of the Portsmouth-Bristol boundary line and the Mount Hope Bridge; thence southerly on the Mount Hope Bridge to New York New Haven and Hartford Railroad; thence northeasterly along the New York New Haven and Hartford Railroad to Bristol Ferry road; thence southerly on Bristol Ferry road to Turnpike avenue; thence southerly on Turnpike avenue to Rhode Island route 24; thence southwesterly on Rhode Island route 24 to West Main road; thence southwesterly on West Main road to Lawton Brook; thence northwesterly on Lawton Brook to an unnamed pond; thence northwesterly along the northern shore of unnamed pond to a line extended to northwesterly to Narragansett Bay;

The eleventh district shall also consist of all of that part of the town of Portsmouth known as Gould Island.

The eleventh district shall also consist of all of the town of Tiverton.

The eleventh district shall also consist of all of the town of Little Compton. Twelfth district: The twelfth district shall consist of all of that part of the town of Portsmouth bounded by a line beginning at the intersection of West Main road and Mill lane; thence easterly on Mill lane to Middle road; thence northeasterly on Middle toad to Stub Toe lane; thence easterly on Stub Toe lane to East Main road; thence northerly on East Main road to Fairview lane; thence northeasterly on Fairview lane to Sherwood terrace; thence southerly on Sherwood terrace to a line extended easterly to the Portsmouth-Tiverton boundary line in the Sakonnet River; thence easterly along that line (boundary line between census blocks 440050401021075 and 440050401021050) to the Portsmouth-Tiverton boundary line in the Sakonnet River; thence southerly along the Portsmouth-Tiverton boundary line to the Portsmouth-Little Compton boundary line; thence southerly along the Portsmouth-Little Compton boundary line to the Portsmouth-Middletown boundary line; thence northeasterly along the eastern shore of the mean low water level of Narragansett Bay to a line extended southeasterly to an unnamed pond; thence southeasterly along that line (boundary line between census blocks 440050401039003 and 440050401039020) to an unnamed pond; thence southeasterly along the northeastern shore of the unnamed pond to Lawton Brook; thence continuing southeasterly along Lawton Brook to West Main road; thence northeasterly on West Main road to the point of origin.

The twelfth district shall also consist of all of the town of Middletown.

The twelfth district shall also consist of all of that part of the town of Newport bounded by a line beginning at the intersection of Broadway and Newport-Middletown boundary line; thence southeasterly along the Newport-Middletown boundary line to South Easton Pond; thence westerly along the northern shore of South Easton Pond to the easterly extension of Champlin street; thence westerly along the extension and Champlin street to Rhode Island avenue; thence northerly on Rhode Island avenue to Kay street; thence southwesterly on Kay street to Cranston avenue; thence northeasterly on Cranston avenue to Broadway; thence northwesterly on Broadway to the point of origin.''

Respectfully submitted,

MARY A. PARELLA
Senator, District 45

Senator Montalbano discusses the amendment.

The motion to amend fails of passage upon a roll call vote with 10 Senators voting in the affirmative and 30 Senators voting in the negative as follows:

YEAS - 10: Senators Algiere, Breene, Cicilline, Enos, Felag, Gibbs, Paiva Weed, Parella, Walsh, Walton.

NAYS - 30: Senators Alves, Caprio, Celona, Connors, Cote, DaPonte, Donelan, Fogarty, Gallo, Garabedian, Goodwin, Graziano, Hunter, Irons, Izzo, Kells, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Polisena, Raptakis, Revens, Roney, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.

Senators Cicilline, Enos, Sheehan andSenate Majority Leader Irons discuss the act.

The act is read and passed, as amended, in concurrence, upon a roll call vote with 35 Senators voting in the affirmative and 7 Senators voting in the negative as follows:

YEAS - 35: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Connors, Cote, DaPonte, Donelan, Fogarty, Gallo, Garabedian, Goodwin, Graziano, Hunter, Irons, Izzo, Kells, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Paiva Weed, Perry, Polisena, Raptakis, Revens, Roney, Ruggerio, Sosnowski, Tassoni, Walaska.

NAYS - 7: Senators Cicilline, Enos, Felag, Gibbs, Parella, Walsh, Walton .

2. (02-S2235) An Act relating to powers of fiduciaries.

Committee on Judiciary recommends passage.

Senator Roney moves passage, seconded by Senator McDonald.

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

NAYS - 0.

3. (02-S2268) An Act relating to uniform premarital agreement act.

Committee on Judiciary recommends passage.

Senator Roney moves passage, seconded by Senators Montalbano, Gallo, Paiva Weed, Sosnowski and others.

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

NAYS - 0.

4. (02-H6816 as amended) An Act relating to towns and cities - zoning ordinances.

Committee on Corporations recommends passage as amended.

Upon suggestion of Senator Celona, and without objection, ordered to be placed on the Calendar for Wednesday, February 27 2002.



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.

PERSONAL PRIVILEGE



Senator Garabedian, recognized on a point of personal privilege, addresses the Senate relative to recent newspaper coverage.

ADJOURNMENT


Upon motion ofSenate Majority Leader Irons, seconded by Senator Algiere, the Senate adjourns at 5:25 o'clock P.M.

RAYMOND T. HOYAS, JR.
Secretary of the Senate


Appendix



INVOCATION

VACATION BREAK


SENATOR ROBERT T. KELLS



Lord, we ask You to keep us safe and healthy over the vacation break, and allow us to return refreshed so we may continue to serve in the best interests of our people. Amen.

Appendix



CONSENT CALENDAR




In order for Tuesday, February 26, 2002:

1. (02-H6625) An Act to vacate the forfeiture or revocation of the charter of Suit Systems, Inc.

Ordered on the Consent Calendar.

RAYMOND T. HOYAS, JR.
Secretary of the Senate
Wednesday, February 13, 2002

Appendix



CALENDAR


In order for Wednesday, February 27, 2002:

1. (02-H6816 as amended) An Act relating to towns and cities - zoning ordinances.

Committee on Corporations recommends passage as amended.

RAYMOND T. HOYAS, JR.
Secretary of the Senate
Wednesday, February 13, 2002



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