SENATE JOURNALS - Wednesday, May 1, 2002

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.43 Wednesday, May 1, 2002 Forty-third Day

The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Charles J. Fogarty, at 4:10 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 - 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.

ABSENT - 0.

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, April 30, 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 ofSenate Majority Leader Irons, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the Honorable S. Jean Cerroni, Council Member from the Town of Smithfield, and Sabrina Monfils.

Upon suggestion of Senator Graziano, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Mary Sue Tavares, Director of Residential Services, and Cathy Procaccini, Director, Day Services.
COMMUNICATIONS

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

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONSEXECUTIVE CHAMBER, PROVIDENCE

Lincoln Almond
Governor

May 1, 2002

To the Honorable, the Senate: I am hereby withdrawing the February 25, 2002 appointment of Peter V. Deekle to the Library Board of Rhode Island.

Sincerely,

LINCOLN ALMOND
Governor

Received and ordered to be placed on file.

Also:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONSEXECUTIVE CHAMBER, PROVIDENCE

Lincoln Almond
Governor

May 1, 2002

To the Honorable, the Senate: I am hereby withdrawing the April 8, 2002 appointment of William J. Allen to the Library Board of Rhode Island.

Sincerely,

LINCOLN ALMOND
Governor

Received and ordered to be placed on file.

Also:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONSEXECUTIVE CHAMBER, PROVIDENCE

Lincoln Almond
Governor

May 1, 2002

To the Honorable, the Senate: I am hereby withdrawing the April 22, 2002 appointment of Tovah Reis to the Library Board of Rhode Island.

Sincerely,

LINCOLN ALMOND
Governor

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 PLANTATIONSEXECUTIVE CHAMBER, PROVIDENCE

Lincoln Almond
Governor

April 26, 2002

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 20-3-1 of the Rhode Island General Laws, I have made the following reappointment to the Marine Fisheries Council: Stephen Medeiros of Coventry for a term expiring April 1, 2006. 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 PLANTATIONSEXECUTIVE CHAMBER, PROVIDENCE

Lincoln Almond
Governor

May 1, 2002

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 23-27.3-100.1.4 of the Rhode Island General Laws, I have made the following reappointment to the State Building Codes Standards Committee: Russell Brown of South Kingstown (Representing Building Officials from Municipality of 20,000-60,000) for a term expiring May 1, 2005. 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 PLANTATIONSEXECUTIVE CHAMBER, PROVIDENCE

Lincoln Almond
Governor

May 1, 2002

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 23-27.3-100.1.4 of the Rhode Island General Laws, I have made the following reappointment to the State Building Codes Standards Committee: Thomas J. Lynch of Narragansett (Representing IBEW Local 99) for a term expiring May 1, 2005. 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 PLANTATIONSEXECUTIVE CHAMBER, PROVIDENCE

Lincoln Almond
Governor

May 1, 2002

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 23-27.3-100.1.4 of the Rhode Island General Laws, I have made the following reappointment to the State Building Codes Standards Committee: David F. Palmisciano of Chepachet (Representing Building Trades Council) for a term expiring May 1, 2005. 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 PLANTATIONSEXECUTIVE CHAMBER, PROVIDENCE

Lincoln Almond
Governor May 1, 2002

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 23-27.3-100.1.4 of the Rhode Island General Laws, I have made the following reappointment to the State Building Codes Standards Committee: Robert E. DeBlois, Jr. of East Greenwich (Representing Rhode Island Builders Association) for a term expiring May 1, 2005. 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 PLANTATIONSEXECUTIVE CHAMBER, PROVIDENCE

Lincoln Almond
Governor

May 1, 2002

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 23-27.3-100.1.4 of the Rhode Island General Laws, I have made the following reappointment to the State Building Codes Standards Committee: John D. Gaskell, P.E. of Warwick (Representing Electrical Engineers) for a term expiring May 1, 2005. To this reappointment, 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 8073) An Act to vacate the forfeiture or revocation of the charter of Rhode Island Cheerleading Coaches Association, Inc.

Senator Algiere requests unanimous consent for immediate consideration.

Unanimous consent for immediate considera- tion is granted.

Upon motion of Senator Algiere, seconded by Senator Breene, and by unanimous consent, read and passed, in concurrence, 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, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walsh, Walton.

NAYS - 0.

NEW BUSINESS

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

Senators DaPonte, Connors and Alves present (02-S 2975) An Act relating to motor and other vehicles - lighting equipment and reflectors.

Read and referred to the Committee on Corporations.

Senator Sosnowski presents (02-S 2976) An Act relating to motor vehicles - New Shoreham.

Read and referred to the Committee on Corporations.

Senators Alves, Irons, Caprio, Connors, DaPonte and others present (02-S 2977) An Act relating to the General Assembly.

Read and referred to the Committee on Corporations.

Senators Gibbs, Paiva Weed, Roney, Roberts, Parella and others present (02-S 2978) Senate Resolution supporting Rhode Island's Family Independence Program as a national model for assisting low income families.

Senator Gibbs requests unanimous consent for immediate consideration.

Unanimous consent for immediate considera- tion is granted.

Upon motion of Senator Gibbs, 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 ofSenate 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. Reappointment of Thomas E. Perkins, Jr. of East Providence to the Narragansett Bay Commission for a term expiring April 1, 2005.

2. Reappointment of George Farrell of Providence to the Fire Safety Code Board of Appeals for a term expiring March 1, 2008.

3. Reappointment of Roger P. Boudreau of Wakefield to the Rhode Island Public Telecommunications Authority for a term expiring January 31, 2005.

4. Reappointment of James H. Leach of Providence to the Rhode Island Public Telecommunications Authority for a term expiring January 31, 2005.

5. Reappointment of Raymond A. Marcaccio, Esquire of Providence to the Commission on Judicial Tenure and Discipline for a term expiring April 1, 2005.

6. Reappointment of Paul A. Feeney of Warwick (Representing voice technicians) to the Board of Examination and Licensing of Telecommunication Systems Contractors, Technicians, and Installers for a term expiring August 1, 2008.

7. Reappointment of Bradley J. Waugh of East Greenwich to the Narragansett Bay Commission for a term expiring April 1, 2005.

Upon suggestion of Senator Blais, and without objection, the following act is removed from the Consent Calendar and placed on today's Calendar:

8. (02-S2230) Joint Resolution stating findings of the Rhode Island General Assembly; rescinding, repealing, canceling, voiding and superceding any and all extant applications by the General Assembly of the State of Rhode Island heretofore made during any session thereof to the Congress of the United States of America to call a convention pursuant to the terms of Article V of the United States Constitution for proposing one or more amendments to that Constitution; urging the General Assemblies and legislatures of other states to do the same; directing that copies of this resolution be sent to specified person.

CALENDAR

In order for the day is taken up as follows:

1. (02-S2398 as amended) An Act relating to domestic relations.

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

Senator Blais moves passage, seconded by Senators Gibbs and Roberts.

Senator Blais, seconded by Senator Gibbs, offers the following written motion to amend:

FLOOR AMENDMENT
TO
(02-S 2398 as amended)

Mr. President:

I hereby move to amend (02-S 2398 as amended) entitled ``AN ACT RELATING TO DOMESTIC RELATIONS'', as follows:

On page 1, lines 5 and 6

``which the female either party to the proposed marriage resides; or in the city or town in which the male party resides, if the female is a nonresident of this state; or in the city or town in which the''

Respectfully submitted,

LEO R. BLAIS
Senator, District 21

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

NAYS - 0.

Upon motion of Senator Blais, seconded by Senator Roberts, read and passed, as amended, by unanimous consent, upon a roll call vote with 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

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

NAYS - 0.

2. (02-S2465) (Substitute ``A'' as amended) An Act relating to health and safety.

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

Upon suggestion of Senator Perry, and without objection, ordered to be placed on the Calendar for Thursday, May 2, 2002.

3. (02-S2257) (Substitute ``A'') An Act relating to alcoholic beverages - retail licenses.

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

Upon suggestion of Senator McBurney, and without objection, ordered to be placed on the Calendar for Tuesday, May 7, 2002.

4. (02-S2031) An Act relating to distribution of credit cards.

Joint Committee on Small Business recommends passage.

Senator Cote moves passage, seconded by Senators Tassoni and Hunter.

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

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

NAYS - 0.

5. (02-S2042 as amended) An Act relating to criminal offenses - abandonment and nonsupport.

Committee on Judiciary recommends passage as amended.

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

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

NAYS - 0.

6. (02-S2200) (Substitute ``A'') An Act relating to criminal offenses.

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

Senator Raptakis moves passage, seconded by Senator Graziano.

The bill marked Substitute ``A'' is read and passed, and the original bill indefinitely postponed, upon a roll call vote with 45 Senators voting in the affirmative and 2 Senators voting in the negative as follows:

YEAS - 45: 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, Ruggerio, Sosnowski, Walaska, Walsh.

NAYS - 2: Senators Perry, Roney.

7. (02-S2203) (Substitute ``A'' as amended) An Act relating to public officers and employees - code of ethics.

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

Senator Paiva Weed moves passage, seconded by Senator Felag and others.

The bill marked Substitute ``A'' is read and passed, as amended, and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 46 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, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sosnowski, Tassoni, Walaska, Walsh, Walton.

NAYS - 0.

8. (02-S2213) An Act relating to elections - registration of voters.

Committee on Judiciary recommends passage.

Senator Raptakis moves passage, seconded by Senator Polisena.

Senator Raptakis, seconded by Senator Polisena, offers the following written motion to amend:

FLOOR AMENDMENT
TO
(02-S 2213)

Mr. President:

I hereby move to amend (02-S 2213) entitled ``AN ACT RELATING TO ELECTIONS - REGISTRATION OF VOTERS'', as follows:

On page 1, line 5, immediately after ``(90th)'' change the words and language ``thirtieth (30th)'' to read ``twenty-ninth (29th)''

On page 1, line 18, immediately after ``(90th)'' change the words and language ``thirtieth (30th)'' to read ``twenty-ninth (29th)''

Respectfully submitted,

LEONIDAS P. RAPTAKIS
Senator, District 20

The motion to amend prevails 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, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Garabedian, Gibbs, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Ruggerio, Sosnowski, Tassoni, Walaska, Walsh, Walton.

NAYS - 0.

Senators Paiva Weed, Raptakis, Roney, Garabedian, Perry and Montalbano discuss the act.

Upon motion of Senator Raptakis, seconded by Senator Polisena, read and passed, as amended, upon a roll call vote with 43 Senators voting in the affirmative and 3 Senators voting in the negative as follows:

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

NAYS - 3: Senators Blais, Gibbs, Roney.

9. (02-S2215) An Act relating to child support enforcement.

Committee on Judiciary recommends passage.

Senator Bates moves passage, seconded by Senator Izzo.

Senator Bates, seconded by Senator Blais, offers the following written motion to amend:

FLOOR AMENDMENT
TO
(02-S 2215)

Mr. President:

I hereby move to amend (02-S 2215) entitled ``AN ACT RELATING TO CHILD SUPPORT'', as follows:

On page 2, line 5, immediately after the word ``impairment'' insert the words ``still living with or under the care of a parent''

Respectfully submitted,

DAVID E. BATES
Senator, District 44

The motion to amend prevails upon a roll call vote with 47 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 47: Senators 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, Sosnowski, Tassoni, Walaska, Walsh, Walton.

NAYS - 0.

Senators Roney and Bates discuss the act.

Upon motion of Senator Bates, seconded by Senator Blais, read and passed, as amended, 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 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, Sosnowski, Tassoni, Walaska, Walsh, Walton.

NAYS - 0.

10. (02-S2220) (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 Graziano moves passage, seconded by Senators McDonald and Montalbano.

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

NAYS - 0.

11. (02-S2242 as amended) An Act relating to probate practice - guardians.

Committee on Judiciary recommends passage as amended.

Senator Roney moves passage, seconded by Senator McDonald.

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, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sosnowski, Tassoni, Walaska, Walsh, Walton.

NAYS - 0.

12. (02-S2269) An Act relating to criminal procedure - domestic violence prevention act.

Committee on Judiciary recommends passage.

Senator Roney moves passage, seconded by Senators Walsh, Roberts, Blais and McDonald.

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

YEAS - 49: Senators 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, Sosnowski, Tassoni, Walaska, Walsh, Walton.

NAYS - 0.

13. (02-S2312) (Substitute ``A'') An Act relating to fair housing practices act.

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

Senator Sosnowski moves passage, seconded by Senator Roberts.

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

FLOOR AMENDMENT
TO
(02-S 2312) (Substitute ``A'')

Mr. President:

I hereby move to amend (02-S 2312) (Substitute ``A'') entitled ``AN ACT RELATING TO FAIR HOUSING PRACTICES ACT'', as follows:

On page 6, line 26, by inserting the word ``express'' after the word ``any''.

Respectfully submitted,

V. SUSAN SOSNOWSKI
Senator, District 6

The motion to amend prevails 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, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sosnowski, Tassoni, Walaska, Walsh, Walton.

NAYS - 0.

Upon motion of Senator Sosnowski, seconded by Senator Roberts, 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 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, McBurney, McCaffrey, McDonald, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sosnowski, Tassoni, Walaska, Walsh, Walton.

NAYS - 0.

14. (02-S2315) An Act relating to taxation - tax sales.

Committee on Judiciary recommends passage.

Senator McCaffrey moves passage, seconded by Senators Celona, Paiva Weed and Walaska.

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

YEAS - 49: Senators 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, Sosnowski, Tassoni, Walaska, Walsh, Walton.

NAYS - 0.

15. (02-S2369) An Act relating to probate practice and procedure.

Committee on Judiciary recommends passage.

Senator Paiva Weed moves passage, seconded by Senator Coderre.

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

YEAS - 49: Senators 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, Sosnowski, Tassoni, Walaska, Walsh, Walton.

NAYS - 0.

16. (02-S2420) (Substitute ``A'' as amended) An Act relating to elections - secretary of state.

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

Senator Hunter moves passage, seconded by Senators Montalbano, Celona, Tassoni and Raptakis.

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 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.

17. (02-S2464) An Act relating to criminal procedure - identification and apprehension of criminals.

Committee on Judiciary recommends passage.

Senator Damiani moves passage, seconded by Senator Polisena and others.

The act is read and passed, 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. (02-S2486) (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 Hunter moves passage, seconded by Senators Celona, Tassoni, Goodwin and others.

The bill marked Substitute ``A'' is read and passed, as amended, and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 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, McBurney, McCaffrey, McDonald, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roney, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walsh, Walton.

NAYS - 0.

19. (02-S2230) Joint Resolution stating findings of the Rhode Island General Assembly; rescinding, repealing, canceling, voiding and superceding any and all extant applications by the General Assembly of the State of Rhode Island heretofore made during any session thereof to the Congress of the United States of America to call a convention pursuant to the terms of Article V of the United States Constitution for proposing one or more amendments to that Constitution; urging the General Assemblies and legislatures of other states to do the same; directing that copies of this resolution be sent to specified person.

Committee on Judiciary recommends passage.

Senator Lenihan moves passage, seconded by Senators Roney, Montalbano and Sheehan.

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

YEAS - 49: Senators 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, Revens, Roberts, Roney, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walsh, Walton.

NAYS - 0.

ANNOUNCEMENTS

Senator Damiani announces that the Committee on Corporations will meet on Thursday, May 2, 2002, 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 today at the rise of the Senate in the Senate Lounge of the State House.

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.

ADJOURNMENT

Upon motion of Senator Coderre, seconded by Senator Algiere, and upon suggestion of Senator Kelly, the Senate adjourns at 4:50 o'clock P.M., on a unanimous rising vote, as a further mark of respect to the memory of Patrick J. Keeley, Jr., of North Smithfield, a longtime professor of English and the humanities at Bryant College, and a member of the state Lottery Commission. During Bryant's upcoming commencement ceremonies, he was to have been the recipient of an honorary doctoral degree in humane letters - the first faculty member to have been so honored. Mr. Keeley was a member of the Rhode Island Higher Education Assistance Authority, the Rhode Island Student Loan Authority, former member of the North Smithfield Sewer Commission, and a former town moderator in North Smithfield. A former chairman of the Rhode Island Association of Democratic City and Town Chairs, he had served for many years as a member, and 10 as a chairman, of the North Smithfield Democratic Town Committee. He was a member of the Sons of Irish Kings, and was well known as master of ceremonies and toastmaster at local functions. He will be greatly missed.

RAYMOND T. HOYAS, JR.
Secretary of the Senate

Appendix

INVOCATION

SENATOR ROBERT T. KELLS

Dear God, we pray that you keep our purposes clear and our visions keen that we may face today's challenges with high resolve. Amen.

Appendix

CALENDAR

In order for Thursday, May 2, 2002:

1. Reappointment of The Honorable Frank Caprio of Providence to the Board of Governors for Higher Education for a term expiring January 31, 2005.

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

2.

Appointment of Daniel J. Ryan of Barrington VICE Frederick C. Luhrum to the Board of Governors for Higher Education for a term expiring January 31, 2005.

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

3. (02-S2465) (Substitute ``A'' as amended) An Act relating to health and safety.

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

4. (02-S2496) An Act relating to miscellaneous rules.

Committee on Judiciary recommends passage.

5. (02-S2375) An Act relating to financial institutions - licensed activities.

Committee on Corporations recommends passage.

6. (02-S2386) An Act relating to the Rhode Island Uniform Securities Act.

Committee on Corporations recommends passage.

7. (02-S2441) An Act relating to corporations, associations and partnerships - Rhode Island Uniform Securities act.

Committee on Corporations recommends passage.

8. (02-S2548) (Substitute ``A'') An Act relating to towns and cities - emergency police power.

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

9. (02-S2680) An Act relating to cities and towns.

Committee on Corporations recommends passage.

10. (02-S2691) (Substitute ``A'') An Act relating to insurance - mandatory prelicensing education requirements.

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

11. (02-S2884) An Act relating to taxation - property tax exemption for persons over 65 - East Greenwich.

Committee on Corporations recommends passage.

12. (02-S2527) An Act relating to taxation.

Committee on Finance recommends passage.

13. (02-S2328) An Act relating to state affairs and government.

Committee on Judiciary recommends passage.

14. (02-S2382) An Act relating to state affairs and government.

Committee on Judiciary recommends passage.

15. (02-S2396) An Act relating to criminal offenses - children.

Committee on Judiciary recommends passage.

16. (02-S2402) (Substitute ``A'' as amended) An Act relating to criminal procedure - sentence and execution.

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

17. (02-S2545) An Act relating to the Department of the Attorney General.

Committee on Judiciary recommends passage.

18. (02-S2619) An Act relating to criminal procedure - indictments, informations and complaints.

Committee on Judiciary recommends passage.

19. (02-S2630) (Substitute ``A'' as amended) An Act relating to delinquent and dependent children - proceedings in Family Court.

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

20. (02-S2672) (Substitute ``A'' as amended) An Act relating to criminal procedure - search warrants.

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

21. (02-S2715) (Substitute ``A'') An Act relating to enforcement and collection of estate taxes.

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

22. (02-S2718) (Substitute ``A'') An Act relating to state affairs and government - quasi-public corporations.

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

23. (02-S2783) (Substitute ``A'') An Act relating to property - mechanics' liens.

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

24. (02-S2857) An Act relating to domestic relations - solemnization of marriages.

Committee on Judiciary recommends passage.

25. (02-S2861) (Substitute ``A'' as amended) An Act relating to adjudication of traffic offenses.

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

26. (02-S2897) An Act relating to property.

Committee on Judiciary recommends passage.

27. (02-S2901) An Act relating to the town of Exeter - juvenile hearing board.

Committee on Judiciary recommends passage.

Appendix

CALENDAR

In order for Tuesday, May 7, 2002:

1. (02-S2257) (Substitute ``A'') An Act relating to alcoholic beverages - retail licenses.

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

Appendix

CALENDAR

In order for Thursday, May 9, 2002:

1. (02-H6735 as amended) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage as amended in concurrence.

2. (02-H6961) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage in concurrence.

3. (02-H7565) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage in concurrence.

4. (02-H7767) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage in concurrence.

5. (02-S2144) An Act relating to commercial law - interest and usury.

Committee on Corporations recommends passage.

6. (02-S2442) An Act relating to employee stock options - biotechnology and medical technology companies.

Committee on Corporations recommends passage.

7. (02-H6607) An Act relating to the town of Westerly - Municipal Court.

Committee on Corporations recommends passage in concurrence.

RAYMOND T. HOYAS, JR.
Secretary of the Senate
Wednesday, May 1, 2002

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