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 seventh day of January in the year of Our Lord two thousand and three.
Volume 130, No.58 Tuesday, June 10, 2003 Fifty-eighth Day


The Senate meets pursuant to adjournment and is called to order by the Honorable William V. Irons, President of the Senate, at 4:10 o'clock P.M.

The roll is called and a quorum is declared present with 34 Senators present and 4 Senators absent as follows:

PRESENT - 34: The Honorable President Irons and Senators Alves, Badeau, Bates, Breene, Caprio, Celona, Ciccone, Connors, Cote, DaPonte, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Pichardo, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.

ABSENT - 4: Senators Algiere, Blais, Damiani, Perry.

INVOCATION


The Honorable President, by unanimous consent, presents Senator Raptakis, to deliver the invocation.

(See Appendix for Invocation)


PLEDGE OF ALLEGIANCE TO THE FLAG


The Honorable President, by unanimous consent, presents Senator Raptakis, to lead the Senate in the pledge of allegiance to the flag.

APPROVAL OF RECORD


The Senate Journal of Thursday, June 5, 2003 proceedings is read in part.

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

COMMUNICATION


The Honorable President presents the following communications:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER


June 5, 2003

Honorable William V. Irons
President of the Senate
317 State House
Providence, RI 02903

Dear Mr. President:

Please be advised that I will be out of state on business and unable to attend the Senate session on Tuesday, June 10, 2003.

I would appreciate your recording my letter in the appropriate Senate Journal.

Thank you for your assistance.

Sincerely,

DENNIS L. ALGIERE
Senate Minority Leader

Received and ordered to be placed on file.

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER


June 10, 2003

Honorable William V. Irons
President of the Senate
317 State House
Providence, RI 02903

Dear Mr. President:

Please be advised that I will be out of town attending a pharmaceutical seminar and will be absent from the Senate sessions on Tuesday, June 10, 2003.

I would appreciate your recording my letter in the appropriate Senate Journal.

Thank you.

Sincerely,

LEO R. BLAIS Senior Deputy Minority Leader

Received and ordered to be placed on file.

APPOINTMENTS BY THE GOVERNOR


The Honorable President 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

Donald L. Carcieri
Governor

May 20, 2003

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 16-59-2 of the Rhode Island General Laws, I have made the following appointment to the Board of Governors for Higher Education:

Solomon A. Solomon of East Providence
VICE
John Innis Howell, Jr.

for a term expiring January 31, 2006.

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

Sincerely,

DONALD L. CARCIERI
Governor

Read and referred to the Committee on Education.

Also:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE

Donald L. Carcieri
Governor

June 4, 2003

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 appointment to the State Building Codes Standards Committee:

Leonard Gemma of Providence
(Representing Master Plumbers)
VICE
John Cronin, Jr.
(resigned)

for a term expiring May 1, 2006.

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

Sincerely,

DONALD L. CARCIERI
Governor

Read and referred to the Committee on Commerce, Housing and Municipal Government.

FROM THE
HOUSE OF REPRESENTATIVES


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

(03-H 6111) (Substitute "A" as amended) An Act relating to businesses and professions - nurses.

Read and referred to the Committee on Commerce, Housing and Municipal Government.

Also:

(03-H 5043) An Act relating to towns and cities - general powers.

Read and referred to the Committee on Judiciary.

Also:

(03-H 5945) (Substitute "A") An Act relating to alcoholic beverages - regulation of sales.

Read and referred to the Committee on Judiciary.

Also:

(03-H 6347) An Act relating to solemnization of marriages.

Read and referred to the Committee on Judiciary.

Also:

(03-H 6452) An Act relating to courts and civil procedure - clerks of Supreme and Superior Courts.

Read and referred to the Committee on Judiciary.

REPORTS OF COMMITTEES
COMMITTEE ON FINANCIAL SERVICES, TECHNOLOGY AND REGULATORY ISSUES


Senator Walaska, from the Committee on Financial Services, Technology and Regulatory Issues, reports back, with recommendation of passage of the following measures:

(03-H 5063) An Act relating to insurance.

Read and ordered to be placed on the Calendar.

(03-H 5091) (Substitute "A") An Act relating to insurance - fire insurance policies and reserves.

Read and ordered to be placed on the Calendar.

(03-H 5362) (Substitute "A") An Act relating to insurance.

Read and ordered to be placed on the Calendar.

(03-H 5368) (Substitute "A") An Act relating to unfair competition and practices.

Read and ordered to be placed on the Calendar.

(03-H 5476) (Substitute "A") An Act relating to insurance - federal riot reinsurance reimbursement fund.

Read and ordered to be placed on the Calendar.

(03-H 5901) An Act relating to insurance - nonrenewal and premium coverage changes.

Read and ordered to be placed on the Calendar.

(03-H 5911 as amended) An Act relating to businesses and professions - telephone sales.

Read and ordered to be placed on the Calendar.

COMMITTEE ON JUDICIARY


Senator McCaffrey, from the Committee on Judiciary, reports back, with recommendation of passage of the following measures:

(03-S 610) An Act relating to towns and cities - relief of firefighters and police officers.

Read and ordered to be placed on the Calendar.

(03-S 691) (Substitute "A") An Act relating to Children, Youth and Families Department - confidentiality of records.

Read and ordered to be placed on the Calendar.

(03-S 1106) An Act relating to domestic relations - divorce and separation.

Read and ordered to be placed on the Calendar.

(03-H 5016) An Act relating to the town of Scituate - Juvenile Hearing Board.

Read and ordered to be placed on the Calendar.

(03-H 5122) (Substitute "A") An Act relating to property - residential landlord and tenant act.

Read and ordered to be placed on the Calendar.

(03-H 5254) (Substitute "A" as amended) An Act relating to criminal offenses - abandonment and nonsupport.

Read and ordered to be placed on the Calendar.

(03-H 5375) (Substitute "B") An Act relating to criminals - correctional institutions - parole.

Read and ordered to be placed on the Calendar.

(03-H 5479) (Substitute "A") An Act relating to property - mortgage foreclosures.

Read and ordered to be placed on the Calendar.

(03-H 5666 as amended) An Act relating to elections.

Read and ordered to be placed on the Calendar.

(03-H 6031) An Act relating to criminal offenses - assaults.

Read and ordered to be placed on the Calendar.

(03-H 6137) (Substitute "A") An Act relating to motor and other vehicles - Rhode Island Uniform Commercial Driver's License Act.

Read and ordered to be placed on the Calendar.

COMMITTEE ON CONSTITUTIONAL AND GAMING ISSUES


Senator Goodwin, from the Committee on Constitutional and Gaming Issues, reports back, with recommendation of passage of the following measures:

(03-H 5860) Joint Resolution proclaiming 2003 to be the "Year of the Woonasquatucket" in Rhode Island.

Read and ordered to be placed on the Calendar.

(03-H 6043) Joint Resolution declaring June as "Rivers Month" in the state of Rhode Island.

Read and ordered to be placed on the Calendar.

COMMITTEE ON HEALTH AND HUMAN SERVICES


Senator Roberts, from the Committee on Health and Human Services, reports back, with recommendation of passage of the following measure:

(03-H 5083) (Substitute "A") An Act relating to food and drugs - fruits and vegetables generally.

Read and ordered to be placed on the Calendar.

COMMITTEE ON ENVIRONMENT AND AGRICULTURE


Senator Sosnowski, from the Committee on Environment and Agriculture, reports back, with recommendation of passage of the following measure:

(03-S 580 as amended) An Act relating to ground water protection.

Read and ordered to be placed on the Calendar.

Senator Sosnowski, from the Committee on Environment and Agriculture, reports back, with recommendation that the Advice and Consent of the Senate be given to the following appointments: Reappointment of Daniel W. Varin of Providence (Public Member) to the Water Resources Board for a term expiring March 1, 2006.

Read and ordered to be placed on the Consent Calendar.

Appointment of Ross L. Aker of Exeter (local official from rural community) VICE Kenneth L. Fernstrom to the Rhode Island Rural Development Council for a term expiring July 1, 2003.

Read and ordered to be placed on the Consent Calendar.

Appointment of Harriet Powell of Saunderstown (Representing Southern Rhode Island Conservation District) VICE Richard Harrison (resigned) to the Rhode Island Rural Development Council for a term expiring July 1, 2003.

Read and ordered to be placed on the Consent Calendar.
TRANSFER OF BILL


Senator Alves, in accordance with Senate Rule 6.14, moves to transfer the following bill from the Committee on Finance to the Committee on Commerce, Housing and Municipal Government:

(03-H 6337) An Act relating to homestead exemptions in the town of Lincoln.

Read and referred to the Committee on Commerce, Housing and Municipal Government.

NEW BUSINESS


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

Senator Sosnowski presents (03-S 1125) An Act relating to motor and other vehicles - motor fuel tax.

Read and referred to the Committee on Commerce, Housing and Municipal Government.

Senator Breene presents (03-S 1126) An Act relating to towns and cities - creating the West Greenwich Water District.

Read and referred to the Committee on Commerce, Housing and Municipal Government.

Senator Alves presents (03-S 1127) An Act relating to taxation.

Read and referred to the Committee on Finance.

Senator Badeau presents (03-S 1128) An Act relating to naming a building, bridge, edifice and other state construction.

Read and referred to the Committee on Constitutional and Gaming Issues.

Senators Breene and Blais present (03-S 1129) An Act relating to health and safety - refuse disposal.

Read and referred to the Committee on Environment and Agriculture.

Senator Gibbs presents (03-S 1130) An Act authorizing the town of Middletown to finance the construction, furnishing and equipping of an elementary school through the issuance of not more than $8,400,000 bonds and/or notes.

Read and referred to the Committee on Finance.

Senator Roberts presents (03-S 1131) An Act relating to alcoholic beverages - retail licenses.

Read and referred to the Committee on Constitutional and Gaming Issues.

Senators Celona, Polisena, Lanzi, Algiere and Irons present (03-S 1132) An Act relating to health and safety - fire safety code.

Read and referred to the Committee on Commerce, Housing and Municipal Government.

Senator Ruggerio presents (03-S 1133) An Act to vacate the forfeiture or revocation of the charter of the Fitness Connection, Inc.

Read and ordered to be placed on the Consent Calendar.

Senators DaPonte and Connors present (03-S 1134) Senate Resolution proclaiming the month of June as Portuguese American month in the state of Rhode Island.

Senator DaPonte requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted. Upon motion of Senator DaPonte, seconded by the entire Senate, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.

Senator Polisena presents (03-S 1135) Senate Resolution recognizing the 5th Annual Brown Avenue Healthy Kid's Day on June 5, 2003.

Senator Polisena requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senator DaPonte presents (03-S 1136) An Act to vacate the forfeiture or revocation of the charter of Caribe Tropical Foods, Inc.

Read and ordered to be placed on the Consent Calendar.

Senator DaPonte presents (03-S 1137) An Act to vacate the forfeiture or revocation of the charter of J.C. Jewelry, Inc.

Read and ordered to be placed on the Consent Calendar.

Senator DaPonte presents (03-S 1138) An Act to vacate the forfeiture or revocation of the charter of Silva Environmental & Associates, Inc.

Read and ordered to be placed on the Consent Calendar.

CALENDAR


In order for the day is taken up as follows:

1. (03-S400) (Substitute "A") An Act relating to insurance - health maintenance organizations.

Committee on Commerce, Housing and Municipal Government recommends indefinite postponement of the original bill and passage of Substitute "A".

Senator Roberts moves passage, seconded by Senator Celona.

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 32 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 32:

The Honorable President Irons and Senators Badeau, Bates, Breene, Caprio, Celona, Ciccone, Connors, Cote, DaPonte, Felag, Fogarty, Gibbs, Goodwin, Issa, Lanzi, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Pichardo, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.

NAYS - 0.

2. (03-S808) (Substitute "A") An Act relating to health and safety.

Committee on Commerce, Housing and Municipal Government recommends indefinite postponement of the original bill and passage of Substitute "A".

Senator Celona moves passage, seconded by Senator McCaffrey and others.

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 33 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 33:

The Honorable President Irons and Senators Alves, Badeau, Bates, Breene, Caprio, Celona, Ciccone, Connors, Cote, DaPonte, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, McCaffrey, Montalbano, Paiva Weed, Parella, Pichardo, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.

NAYS - 0.

3. (03-S820) An Act relating to public utilities and carriers - Public Utilities Commission.

Committee on Commerce, Housing and Municipal Government recommends passage.

Senator Walaska moves passage, seconded by Senator Celona.

The act is read and passed, by unanimous consent, upon a roll call vote with 32 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 32:

The Honorable President Irons and Senators Alves, Badeau, Bates, Breene, Celona, Ciccone, Connors, Cote, DaPonte, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Pichardo, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.

NAYS - 0.

5. (03-S834) (Substitute "A" as amended) An Act relating to insurance - small employer health insurance.

Committee on Commerce, Housing and Municipal Government recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.

Senator DaPonte moves passage, seconded by Senators Roberts, Tassoni, Walaska, Pichardo 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 33 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 33:

The Honorable President Irons and Senators Alves, Badeau, Bates, Breene, Caprio, Ciccone, Connors, Cote, DaPonte, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Pichardo, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.

NAYS - 0.

6. (03-S930) (Substitute "A") An Act relating to the town of South Kingstown.

Committee on Commerce, Housing and Municipal Government recommends indefinite postponement of the original bill and passage of Substitute "A".

Senator Sosnowski moves passage, seconded by Senator Ruggerio and others.

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 32 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 32:

The Honorable President Irons and Senators Alves, Badeau, Bates, Breene, Caprio, Ciccone, Connors, Cote, DaPonte, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Pichardo, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.

NAYS - 0.

7. (03-S961) An Act relating to motor vehicles - size, weight and load limits.

Committee on Commerce, Housing and Municipal Government recommends passage.

Upon suggestion of Senator Ruggerio, and without objection, ordered to be placed on the Calendar for Thursday, June 12, 2003.

8. (03-S1015) An Act relating to dissolution of the Tiverton Board of Water Commissioners.

Committee on Commerce, Housing and Municipal Government recommends passage.

Senator Felag moves passage, seconded by Senators Tassoni and Gibbs.

The act is read and passed, by unanimous consent, upon a roll call vote with 33 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 33:

The Honorable President Irons and Senators Alves, Badeau, Bates, Breene, Caprio, Ciccone, Connors, Cote, DaPonte, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Pichardo, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.

NAYS - 0.

9. (03-S1030) An Act relating to towns and cities - Shannock Water District.

Committee on Commerce, Housing and Municipal Government recommends passage.

Senator Breene moves passage, seconded by Senators Bates and Tassoni.

The act is read and passed, by unanimous consent, upon a roll call vote with 34 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 34:

The Honorable President Irons and Senators Alves, Badeau, Bates, Breene, Caprio, Celona, Ciccone, Connors, Cote, DaPonte, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Pichardo, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.

NAYS - 0.

10. (03-S1114) An Act relating to taxation - town of Lincoln.

Committee on Commerce, Housing and Municipal Government recommends passage.

Upon suggestion of Senator Connors, and without objection, ordered to be placed on the Calendar for Tuesday, June 17, 2003.

11. (03-H5064) An Act relating to validating and ratifying certain amendments to the home rule charter of the city of Newport.

Committee on Commerce, Housing and Municipal Government recommends passage in concurrence.

Senator Paiva Weed moves passage, seconded by Senator Gibbs.

The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 33 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 33:

The Honorable President Irons and Senators Alves, Badeau, Bates, Breene, Caprio, Celona, Connors, Cote, DaPonte, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Pichardo, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.

NAYS - 0.

12. (03-H5370) An Act relating to state affairs and government - Economic Development Corporation.

Committee on Commerce, Housing and Municipal Government recommends passage in concurrence.

Senator Paiva Weed moves passage, seconded by Senator Breene andSenate Majority Leader Montalbano.

The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 34 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 34:

The Honorable President Irons and Senators Alves, Badeau, Bates, Breene, Caprio, Celona, Ciccone, Connors, Cote, DaPonte, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Pichardo, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.

NAYS - 0.

13. (03-H5702 as amended) An Act exempting the real, mixed and personal property of Woonsocket Young Men's Christian Association.

Committee on Commerce, Housing and Municipal Government recommends passage as amended in concurrence.

Senator Celona moves passage, seconded by Senators Cote and Badeau.

The act is read and passed, as amended, in concurrence, by unanimous consent, upon a roll call vote with 33 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 33:

The Honorable President Irons and Senators Alves, Badeau, Bates, Breene, Caprio, Celona, Ciccone, Connors, Cote, DaPonte, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Pichardo, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.

NAYS - 0.

14. (03-H5722) An Act exempting from taxation the real, mixed and personal property of the Darlington Braves, Inc. of Pawtucket.

Committee on Commerce, Housing and Municipal Government recommends passage in concurrence.

Senator McBurney moves passage, seconded bySenate Majority Leader Montalbano.

The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 34 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 34:

The Honorable President Irons and Senators Alves, Badeau, Bates, Breene, Caprio, Celona, Ciccone, Connors, Cote, DaPonte, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Pichardo, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.

NAYS - 0.

15. (03-H5745) (Substitute "A") An Act relating to indebtedness of towns and cities - municipal deficits.

Committee on Commerce, Housing and Municipal Government recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.

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

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

YEAS - 34:

The Honorable President Irons and Senators Alves, Badeau, Bates, Breene, Caprio, Celona, Ciccone, Connors, Cote, DaPonte, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Pichardo, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.

NAYS - 0.

16. (03-H5756) An Act relating to validating and ratifying amendments to the home rule charter of the town of Middletown.

Committee on Commerce, Housing and Municipal Government recommends passage in concurrence.

Senator Gibbs moves passage, seconded by Senator Paiva Weed.

The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 34 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 34:

The Honorable President Irons and Senators Alves, Badeau, Bates, Breene, Caprio, Celona, Ciccone, Connors, Cote, DaPonte, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Pichardo, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.

NAYS - 0.

17. (03-H5761) An Act relating to taxation - levy and assessment of local taxes.

Committee on Commerce, Housing and Municipal Government recommends passage in concurrence.

Senator Celona moves passage, seconded by Senator Tassoni.

The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 34 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 34:

The Honorable President Irons and Senators Alves, Badeau, Bates, Breene, Caprio, Celona, Ciccone, Connors, Cote, DaPonte, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Pichardo, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.

NAYS - 0.

18. (03-H5766) An Act relating to validating and ratifying amendments to the charter of the town of Jamestown.

Committee on Commerce, Housing and Municipal Government recommends passage in concurrence.

Senator Paiva Weed moves passage, seconded by Senator Celona.

The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 34 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 34:

The Honorable President Irons and Senators Alves, Badeau, Bates, Breene, Caprio, Celona, Ciccone, Connors, Cote, DaPonte, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Pichardo, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.

NAYS - 0.

19. (03-H6179) An Act relating to incorporation of the Dunns Corners Fire District.

Committee on Commerce, Housing and Municipal Government recommends passage in concurrence.

Senator Celona moves passage, seconded by Senators Bates and Tassoni.

The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 34 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 34:

The Honorable President Irons and Senators Alves, Badeau, Bates, Breene, Caprio, Celona, Ciccone, Connors, Cote, DaPonte, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Pichardo, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.

NAYS - 0.

20. (03-H6271) An Act relating to establishing the Westerly Municipal Land Trust.

Committee on Commerce, Housing and Municipal Government recommends passage in concurrence.

Senator Celona moves passage, seconded by Senator Breene.

The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 33 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 33:

The Honorable President Irons and Senators Alves, Badeau, Bates, Breene, Caprio, Celona, Ciccone, Connors, Cote, DaPonte, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.

NAYS - 0.

21. (03-H6300) An Act exempting from taxation the real, mixed and personal property of the Rhode Island Society of the Sons of the Revolution in Middletown.

Committee on Commerce, Housing and Municipal Government recommends passage in concurrence.

Senator Gibbs moves passage, seconded by Senator Paiva Weed.

The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 33 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 33:

The Honorable President Irons and Senators Alves, Badeau, Bates, Breene, Caprio, Celona, Ciccone, Connors, Cote, DaPonte, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.

NAYS - 0.

22. (03-H6356) An Act relating to taxation - town of Westerly.

Committee on Commerce, Housing and Municipal Government recommends passage in concurrence.

Senator Celona moves passage, seconded by Senator Breene.

The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 32 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 32:

The Honorable President Irons and Senators Alves, Badeau, Bates, Breene, Celona, Ciccone, Connors, Cote, DaPonte, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Pichardo, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.

NAYS - 0.

23. (03-H6375) (Substitute "A") An Act exempting from taxation the real, mixed and personal property of Welcome House of South County.

Committee on Commerce, Housing and Municipal Government recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.

Senator Sosnowski moves passage, seconded by Senators Sheehan and Celona.

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

YEAS - 32:

The Honorable President Irons and Senators Alves, Badeau, Bates, Breene, Caprio, Celona, Ciccone, Connors, Cote, DaPonte, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Pichardo, Polisena, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.

NAYS - 0.

4. (03-S827) (Substitute "A") An Act relating to businesses and professions - nurses.

Committee on Commerce, Housing and Municipal Government recommends indefinite postponement of the original bill and passage of Substitute "A".

Upon suggestion of Senator Polisena, and without objection, ordered to be placed on the Calendar for Wednesday, June 11, 2003.

ANNOUNCEMENTS


Senator Fogarty announces that the Committee on Commerce, Housing and Municipal Government 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 Bates announces that the Committee on Financial Services, Technology and Regulatory Issues will meet on Wednesday, June 11, 2003, at the rise of the Senate in the Senate Lounge of the State House.

Also:

Senator Sheehan announces that the Committee on Health and Human Services will meet on Wednesday, June 11, 2003, at 3:00 o'clock P.M. in Room 212 of the State House.

Also:

Senator Raptakis announces that the Committee on Judiciary will meet on Thursday, June 12, 2003, at 2:00 o'clock P.M. in Room 313 of the State House.

Also:

Senator Lenihan announces that the Committee on Oversight will meet on Wednesday, June 11, 2003, at the rise of the Senate in Room 313 of the State House.

TRANSMITTAL


By unanimous consent, all Senate matters and House matters that have been amended by the Senate on the Secretary's desk are ordered to be transmitted to His Excellency, the Governor or to the Honorable House of Representatives forthwith and all House matters, passed in concurrence, are ordered placed on the desk.

BEST WISHES


Senator Alves extends congratulations and best wishes to Senator McCaffrey and his wife Deirdre McCaffrey on the very special occasion of the birth of their fourth child and third daughter, Deirdre Flynn McCaffrey.

ADJOURNMENT


Upon motion of Senator DaPonte, seconded by Senator Breene, the Senate adjourns at 4:45 o'clock P.M.

RAYMOND T. HOYAS, JR.
Secretary of the Senate


Appendix



INVOCATION


SENATOR LEONIDAS P. RAPTAKIS


Dear God, we ask You to help us search for Your will, and when we have found it, we ask for Your wisdom and courage to carry it out. Strengthen Your people in morality and righteousness; may we, as public servants, set proper examples for all. Amen.

Appendix



CONSENT CALENDAR


In order for Wednesday, June 11, 2003:

1. Reappointment of Daniel W. Varin of Providence (Public Member) to the Water Resources Board for a term expiring March 1, 2006.

Committee on Environment and Agriculture recommends that the Senate give its Advice and Consent to this Reappointment.

2. Appointment of Harriet Powell of Saunderstown (Representing Southern Rhode Island Conservation District) VICE Richard Harrison (resigned) to the Rhode Island Rural Development Council for a term expiring July 1, 2003.

Committee on Environment and Agriculture recommends that the Senate give its Advice and Consent to this Appointment.

3. Appointment of Ross L. Aker of Exeter (local official from rural community) VICE Kenneth L. Fernstrom to the Rhode Island Rural Development Council for a term expiring July 1, 2003.

Committee on Environment and Agriculture recommends that the Senate give its Advice and Consent to this Appointment.

4. (03-S1133) An Act to vacate the forfeiture or revocation of the charter of the Fitness Connection, Inc.

Ordered on the Consent Calendar.

5. (03-S1136) An Act to vacate the forfeiture or revocation of the charter of Caribe Tropical Foods, Inc.

Ordered on the Consent Calendar.

6. (03-S1137) An Act to vacate the forfeiture or revocation of the charter of J.C. Jewelry, Inc.

Ordered on the Consent Calendar.

7. (03-S1138) An Act to vacate the forfeiture or revocation of the charter of Silva Environmental & Associates, Inc.

Ordered on the Consent Calendar.

RAYMOND T. HOYAS, JR.
Secretary of the Senate
Tuesday, June 10, 2003

Appendix



CALENDAR


In order for Wednesday, June 11, 2003:

1. (03-S827) (Substitute "A") An Act relating to businesses and professions - nurses.

Committee on Commerce, Housing and Municipal Government recommends indefinite postponement of the original bill and passage of Substitute "A".

2. (03-S1023) An Act relating to Family Court.

Committee on Judiciary recommends passage.

3. (03-S1086) An Act relating to alcoholic beverages - retail licenses.

Committee on Constitutional and Gaming Issues recommends passage.

4. (03-S831) (Substitute "A" as amended) An Act relating to insurance - nonprofit hospital corporations.

Committee on Commerce, Housing and Municipal Government recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.

5. (03-S443) (Substitute "A") An Act relating to businesses and professions - nurses.

Committee on Health and Human Services recommends indefinite postponement of the original bill and passage of Substitute "A".

6. (03-S567) (Substitute "A" as amended) An Act relating to health and safety - Rhode Island Workers' Safety Act of 2003.

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

7. (03-H5840) (Substitute "A") An Act relating to health care - home and community care services to the elderly.

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

8. (03-S599 as amended) An Act relating to businesses and professions - telecommunications.

Committee on Labor recommends passage as amended.

9. (03-S626) (Substitute "A" as amended) An Act relating to workers' compensation - benefits.

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

10. (03-S861) (Substitute "A" as amended) An Act relating to labor and labor relations - transportation of workers.

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

11. (03-H5529) An Act relating to businesses and professions - electricians.

Committee on Labor recommends passage in concurrence.

12. (03-H5675) An Act relating to public property and works - labor and payment of debts by contractors.

Committee on Labor recommends passage in concurrence.

13. (03-H5989) (Substitute "A") An Act relating to employment security - general provisions.

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

14. (03-H5991) An Act relating to electricians.

Committee on Labor recommends passage in concurrence.

15. (03-H5992) An Act relating to industrial legislation.

Committee on Labor recommends passage in concurrence.

16. (03-H5993) An Act relating to employment security - taxable wage base.

Committee on Labor recommends passage in concurrence.

17. (03-H5995) An Act relating to businesses and professions.

Committee on Labor recommends passage in concurrence.

18. (03-H6026) An Act relating to occupational safety.

Committee on Labor recommends passage in concurrence.

19. (03-S205) (Substitute "A") Joint Resolution creating a special legislative commission to study the feasibility of establishing the Office of Inspector General.

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

20. (03-S724) (Substitute "A") An Act relating to public officers and employees - code of ethics.

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

21. (03-H5663) An Act relating to state affairs and government - open meetings.

Committee on Government Oversight recommends passage in concurrence.

Appendix



CALENDAR


In order for Thursday, June 12, 2003:

1. (03-S961) An Act relating to motor vehicles - size, weight and load limits.

Committee on Commerce, Housing and Municipal Government recommends passage.

2. (03-S580 as amended) An Act relating to ground water protection.

Committee on Environment and Agriculture recommends passage as amended.

3. (03-H5063) An Act relating to insurance.

Committee on Financial Services, Technology and Regulatory Issues recommends passage in concurrence.

4. (03-H5091) (Substitute "A") An Act relating to insurance - fire insurance policies and reserves.

Committee on Financial Services, Technology and Regulatory Issues recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.

5. (03-H5362) (Substitute "A") An Act relating to insurance.

Committee on Financial Services, Technology and Regulatory Issues recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.

6. (03-H5368) (Substitute "A") An Act relating to unfair competition and practices.

Committee on Financial Services, Technology and Regulatory Issues recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.

7. (03-H5476) (Substitute "A") An Act relating to insurance - federal riot reinsurance reimbursement fund.

Committee on Financial Services, Technology and Regulatory Issues recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.

8. (03-H5901) An Act relating to insurance - nonrenewal and premium coverage changes.

Committee on Financial Services, Technology and Regulatory Issues recommends passage in concurrence.

9. (03-H5911 as amended) An Act relating to businesses and professions - telephone sales.

Committee on Financial Services, Technology and Regulatory Issues recommends passage as amended.

10. (03-H5860) Joint Resolution proclaiming 2003 to be the "Year of the Woonasquatucket" in Rhode Island.

Committee on Constitutional and Gaming Issues recommends passage in concurrence.

11. (03-H6043) Joint Resolution declaring June as "Rivers Month" in the state of Rhode Island.

Committee on Constitutional and Gaming Issues recommends passage in concurrence.

12. (03-H5083) (Substitute "A") An Act relating to food and drugs - fruits and vegetables generally.

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

13. (03-S610) An Act relating to towns and cities - relief of firefighters and police officers.

Committee on Judiciary recommends passage.

14. (03-S691) (Substitute "A") An Act relating to Children, Youth and Families Department - confidentiality of records.

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

15. (03-S1106) An Act relating to domestic relations - divorce and separation.

Committee on Judiciary recommends passage.

16. (03-H5016) An Act relating to the town of Scituate - Juvenile Hearing Board.

Committee on Judiciary recommends passage in concurrence.

17. (03-H5122) (Substitute "A") An Act relating to property - residential landlord and tenant act.

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

18. (03-H5254) (Substitute "A" as amended) An Act relating to criminal offenses - abandonment and nonsupport.

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

19. (03-H5375) (Substitute "B") An Act relating to criminals - correctional institutions - parole.

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

20. (03-H5479) (Substitute "A") An Act relating to property - mortgage foreclosures.

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

21. (03-H5666 as amended) An Act relating to elections.

Committee on Judiciary recommends passage as amended.

22. (03-H6031) An Act relating to criminal offenses - assaults.

Committee on Judiciary recommends passage in concurrence.

23. (03-H6137) (Substitute "A") An Act relating to motor and other vehicles - Rhode Island Uniform Commercial Driver's License Act.

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

Appendix



CALENDAR


In order for Tuesday, June 17, 2003:

1. (03-S1114) An Act relating to taxation - town of Lincoln.

Committee on Commerce, Housing and Municipal Government recommends passage.

RAYMOND T. HOYAS, JR.
Secretary of the Senate
Tuesday, June 10, 2003



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