Journal of the Senate

Transcription

1 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 fourth day of January in the year of Our Lord two thousand and five. Volume 132, No. 55 Thursday, June 2, 2005, Tuesday, June 7, 2005, Wednesday, June 8, 2005 and Thursday, June 9, Fifty-fifth Day The Senate meets pursuant to adjournment and is called to order by the Honorable John C. Revens, Jr., President Pro Tempore of the Senate, at 4:22 o clock P.M. The roll is called and a quorum is declared present with 38 Senators present and 0 Senators absent as follows: PRESENT 38: The Honorable President Montalbano and Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Ciccone, Connors, Cote, Damiani, DaPonte, Doyle, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, Levesque, McBurney, McCaffrey, Metts, Paiva Weed, Perry, Pichardo, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska. ABSENT 0: INVOCATION The Honorable President Pro Tempore, by unanimous consent, presents Senator Damiani to deliver the invocation. (See Appendix for Invocation) PLEDGE OF ALLEGIANCE TO THE FLAG The Honorable President Pro Tempore, by unanimous consent, presents Senator Damiani to lead the Senate in the pledge of allegiance to the flag. APPROVAL OF RECORD The Senate Journal of Wednesday, June 1, 2005 proceedings is read in part. Upon suggestion of Senator Damiani, and by unanimous consent, further reading of the Journal is dispensed with and the Journal approved as recorded.

2 S.J JOURNAL Thursday, June 2, 2005 GUESTS Upon suggestion of Senator Fogarty and by unanimous consent, the Honorable President Pro Tempore welcomes to the Chamber the Burrillville High School Tennis Team, Division III Champs, Coach Richard Goudreau, Assistant Coach Nicholas Horne, Captain Alex Chuman, Captain Philip Raymond, Steven Hauser, Andrew Smith, Geoffrey Cunningham, Adam Goudreau, Douglas Clark, Matthew White, Matthew Allard, Nathan Lavallee, Kyle Kober, Christopher Ricci and Matthew Robillard. Upon suggestion of Senator Goodwin and by unanimous consent, the Honorable President Pro Tempore welcomes to the Chamber the Honorable Elaine Coderre, State Representative from the City of Pawtucket. REPORTS OF COMMITTEES 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: Senate Bill No. 891 BY Senators Caprio F, Ruggerio ENTITLED, AN ACT RELATING TO LICENSES GENERALLY (fines imposed). Senate Bill No. 892 BY Senators Caprio F, Ruggerio ENTITLED, AN ACT RELATING TO ALCOHOLIC BEVERAGES (liquor establishments). Senate Bill No BY Senators McBurney, Doyle, Issa ENTITLED, AN ACT RELATING TO ANIMALS AND ANIMAL HUSBANDRY - DOGS. Senate Resolution No BY Senator McCaffrey ENTITLED, SENATE RESOLUTION CREATING A SPECIAL SENATE LEGISLATIVE COMMISSION TO STUDY THE RHODE ISLAND MECHANICS LIEN LAW Read and ordered to be placed on the Consent Calendar

3 S.J JOURNAL Thursday, June 2, 2005 Senate Bill No BY Senators Ruggerio, Goodwin, Badeau, Ciccone, Tassoni ENTITLED, AN ACT RELATING TO SPORTS, RACING, AND ATHLETICS COMMITTEE ON ENVIRONMENT AND AGRICULTURE Senator Sosnowski, from the Committee on Environment and Agriculture, reports back, with recommendation of passage of the following measures: Senate Bill No. 308 SUB A BY Senator Cote ENTITLED, AN ACT RELATING TO HUNTING AND HUNTING SAFETY House Bill No (Environmental Management) BY Ehrhardt, Long ENTITLED, AN ACT RELATING TO WATERS AND NAVIGATION -- REGULATION OF BOATS Appointment of Guy Lefebvre of Hope to the Rhode Island Rivers Council for a term to expire January 1, Committee on Environment & Agriculture recommends that the Senate give its Advice and Consent to this Appointment. Appointment of Sharon Pavignano of Narragansett to the Rhode Island Rivers Council for a term to expire January 1, Committee on Environment & Agriculture recommends that the Senate give its Advice and Consent to this Appointment. 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 measures:

4 S.J JOURNAL Thursday, June 2, 2005 Senate Bill No BY Senator Roberts ENTITLED, AN ACT RELATING TO HEALTH CARE SERVICES -- UTILIZATION REVIEW ACT House Bill No SUB A as amended BY Coderre E, Kennedy, San Bento, Costantino, McNamara ENTITLED, AN ACT RELATING TO INSURANCE -- MEDICARE SUPPLEMENT INSURANCE House Bill No BY Sullivan, O`Neill, McNamara, Slater, Williams ENTITLED, AN ACT RELATING TO HEALTH AND SAFETY -- HEALTH CARE QUALITY PROGRAM House Bill No SUB A as amended (Lieutenant Governor) BY Dennigan, Anguilla, Rose, Almeida, Williams ENTITLED, AN ACT RELATING TO HEALTH AND SAFETY -- LICENSING OF HEALTH CARE FACILITIES (reporting of certain hospital events and incidents) House Bill No BY Costantino, Slater ENTITLED, AN ACT RELATING TO INSURANCE -- ACCIDENT AND SICKNESS INSURANCE POLICIES House Bill No BY Costantino, Kennedy, Corvese, McNamara, Story ENTITLED, AN ACT RELATING TO INSURANCE -- NONPROFIT HOSPITAL AND MEDICAL SERVICE CORPORATIONS (physician reimbursement).

5 S.J JOURNAL Thursday, June 2, 2005 House Bill No SUB A BY Lima, Moura, San Bento, Kilmartin, Trillo ENTITLED, AN ACT RELATING TO LEAD HAZARD REDUCTION NEW BUSINESS Senate Resolution No BY Senators Ciccone, Ruggerio, Montalbano J, Algiere, Lanzi ENTITLED, SENATE RESOLUTION PROCLAIMING THE MONTH OF OCTOBER TO BE "ITALIAN HERITAGE MONTH" IN THE STATE OF RHODE ISLAND. Senator Ciccone requests unanimous consent for immediate consideration. Unanimous consent for immediate consideration is granted. Senator Ciccone moves passage, seconded by the entire Senate. The resolution is read and passed, upon a voice vote. FROM THE DESK Upon suggestion of Senator Ruggerio, and without objection, the following act is removed from the desk and recommitted to the Committee on Judiciary: Senate Bill No. 331 BY Senators Perry, Roberts, Levesque C, Fogarty P, Goodwin ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT - SOCIAL SECURITY NUMBER PRIVACY ACT (refusal to disclose his or her social security number). Read and ordered to be recommitted to the Committee on Judiciary. IN ORDER FOR THURSDAY, JUNE 2, 2005: CALENDAR S 668 BY Alves ENTITLED, AN ACT RELATING TO PUBLIC FINANCE -- PUBLIC CORPORATION DEBT MANAGEMENT Committee on Finance recommends passage. Upon suggestion of Senator Ruggerio, and without objection, ordered to be placed on the Calendar for Tuesday, June 7, 2005.

6 S.J JOURNAL Thursday, June 2, S 964 SUB A BY Alves ENTITLED, AN ACT COMMERCIAL LAWS -- UNFAIR SALES PRACTICES Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute A. Upon suggestion of Senator Ruggerio, and without objection, ordered to be placed on the Calendar for Tuesday, June 7, S 349 BY Damiani ENTITLED, AN ACT RELATING TO CRIMINAL LAW Committee on Judiciary recommends passage. Senator Damiani moves passage, seconded by Senators Polisena, Sosnowski, Goodwin, Perry, Metts, Badeau and others. The act is read and passed, by unanimous consent, upon a roll call vote with 36 Senators voting in the affirmative and 0 Senators voting in the negative as follows: YEAS- 36: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Ciccone, Connors, Cote, Damiani, Doyle, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, Levesque, McBurney, McCaffrey, Metts, Paiva Weed, Perry, Pichardo, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska S 1115 as amended BY Connors ENTITLED, AN ACT RELATING TO TAXATION Committee on Finance recommends passage as amended. Senator Connors moves passage, seconded by Senators Pichardo, Badeau and Ciccone. The act is read and passed, by unanimous consent, as amended, upon a roll call vote with 35 Senators voting in the affirmative and 0 Senators voting in the negative as follows: YEAS- 35: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Ciccone, Connors, Cote, Damiani, Doyle, Felag, Fogarty, Gallo, Gibbs, Issa, Lanzi, Lenihan, Levesque, McBurney, McCaffrey, Metts, Paiva Weed, Perry, Pichardo, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.

7 S.J JOURNAL Thursday, June 2, S 916 SUB A BY Goodwin ENTITLED, AN ACT RELATING TO COURTS AND CIVIL PROCEDURE - COURTS - DOMESTIC ASSAULT Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute A. Senator Goodwin moves passage, seconded by Senators Perry, Paiva Weed, Roberts, Raptakis, Levesque, Pichardo, Alves, Damiani, Polisena, Sosnowski, Metts, McCaffrey, Ruggerio, McBurney, Gallo, Fogarty and many others. Senators Paiva Weed, Polisena, Damiani, Blais, Raptakis and Goodwin discuss the act. The bill marked Substitute A is read and passed, and the original bill indefinitely postponed, upon a roll call vote with 34 Senators voting in the affirmative and 1 Senator voting in the negative as follows: YEAS- 34: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Connors, Cote, Damiani, DaPonte, Doyle, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, Levesque, McBurney, McCaffrey, Metts, Paiva Weed, Perry, Pichardo, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska. NAYS- 1: Senator Felag S 917 SUB A BY Goodwin ENTITLED, AN ACT RELATING TO DOMESTIC RELATIONS-DOMESTIC ABUSE PREVENTION Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute A. Senator Goodwin moves passage, seconded by Senators Perry, Polisena, Alves, McCaffrey, Gallo, Roberts, Sosnowski, Damiani, Metts and many others. The bill marked Substitute A is read and passed, and the original bill indefinitely postponed, upon a roll call vote with 35 Senators voting in the affirmative and 2 Senators voting in the negative as follows: YEAS- 35: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Connors, Cote, Damiani, DaPonte, Doyle, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, Levesque, McBurney, McCaffrey, Metts, Paiva Weed, Perry, Pichardo, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska. NAYS- 2: Senators Ciccone, Felag S 283 BY Algiere ENTITLED, AN ACT RELATING TO MOTOR AND OTHER VEHICLES -- BICYCLE FACILITIES

8 S.J JOURNAL Thursday, June 2, 2005 Committee on Commerce, Housing & Municipal Government recommends passage. Senator Algiere moves passage, seconded by Senator Blais. 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: Senators Algiere, Alves, Badeau, Blais, Breene, Ciccone, Connors, Cote, Damiani, DaPonte, Doyle, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, Levesque, McBurney, McCaffrey, Metts, Paiva Weed, Perry, Pichardo, Polisena, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska S 1004 BY Breene ENTITLED, AN ACT RELATING TO TAX EXEMPTION OF CERTAIN PROPERTY IN THE TOWN OF RICHMOND Committee on Commerce, Housing & Municipal Government recommends passage. Senator Breene moves passage, seconded by Senators Algiere and Blais. 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: Senators Algiere, Alves, Badeau, Blais, Ciccone, Connors, Cote, Damiani, DaPonte, Doyle, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, Levesque, McBurney, McCaffrey, Metts, Paiva Weed, Perry, Pichardo, Polisena, Raptakis, Revens, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska S 1069 BY Fogarty P ENTITLED, AN ACT RELATING TO TAXATION -- GLOCESTER Committee on Commerce, Housing & Municipal Government recommends passage. Senator Fogarty moves passage, seconded by Senator Tassoni. The act is read and passed, by unanimous consent, upon a roll call vote with 35 Senators voting in the affirmative and 0 Senators voting in the negative as follows: YEAS- 35: Senators Algiere, Alves, Badeau, Blais, Breene, Ciccone, Connors, Cote, Damiani, DaPonte, Doyle, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, Levesque, McBurney, McCaffrey, Metts, Paiva Weed, Perry, Pichardo, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.

9 S.J JOURNAL Thursday, June 2, S 346 BY Breene ENTITLED, AN ACT RELATING TO MOTOR VEHICLE REPARATIONS ACT Committee on Judiciary recommends passage. Senator Breene moves passage, seconded by Senators Blais, Algiere and Polisena. The act is read and passed, by unanimous consent, upon a roll call vote with 35 Senators voting in the affirmative and 0 Senators voting in the negative as follows: YEAS- 35: Senators Algiere, Alves, Badeau, Blais, Breene, Ciccone, Connors, Cote, Damiani, DaPonte, Doyle, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, Levesque, McBurney, McCaffrey, Metts, Paiva Weed, Perry, Pichardo, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska S 354 BY Algiere ENTITLED, AN ACT RELATING TO AGGRESSIVE DRIVING Committee on Judiciary recommends passage. Senator Algiere moves passage, seconded by Senators Ciccone, Badeau and Damiani. The act is read and passed, upon a roll call vote with 34 Senators voting in the affirmative and 1 Senator voting in the negative as follows: YEAS- 34: Senators Algiere, Alves, Bates, Blais, Breene, Ciccone, Connors, Cote, Damiani, DaPonte, Doyle, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, McBurney, McCaffrey, Metts, Paiva Weed, Perry, Pichardo, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska. NAYS- 1: Senator Levesque H 5451 SUB A BY McNamara ENTITLED, AN ACT RELATING TO MOTOR AND OTHER VEHICLES -- BICYCLE FACILITIES Committee on Commerce, Housing & Municipal Government recommends indefinite postponement of the original bill and passage of Substitute A. Senator Algiere moves passage, seconded by Senators Damiani and Roberts.

10 S.J JOURNAL Thursday, June 2, 2005 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: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Ciccone, Connors, Cote, Damiani, DaPonte, Doyle, Felag, Fogarty, Gallo, Gibbs, Lanzi, Lenihan, Levesque, McBurney, McCaffrey, Metts, Paiva Weed, Pichardo, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska H 6148 BY Watson ENTITLED, AN ACT RELATING TO HOMESTEAD EXEMPTION IN THE TOWN OF WEST GREENWICH Committee on Commerce, Housing & Municipal Government recommends passage in concurrence. Senator Breene moves passage, seconded by Senator Blais. The act is read and passed, by unanimous consent, in concurrence, upon a roll call vote with 36 Senators voting in the affirmative and 0 Senators voting in the negative as follows: YEAS- 36: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Ciccone, Connors, Cote, Damiani, DaPonte, Doyle, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, Levesque, McBurney, McCaffrey, Metts, Paiva Weed, Perry, Pichardo, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska. GUESTS Upon suggestion of Senators McBurney and Issa and by unanimous consent, the Honorable President Pro Tempore welcomes to the Chamber the Honorable John Gilgun, former State Senator from the City of Central Falls. Upon suggestion of Senators McBurney and Issa and by unanimous consent, the Honorable President Pro Tempore welcomes to the Chamber the Honorable Donna Nesselbush, Associate Municipal Court Judge for the City of Pawtucket. Upon suggestion of Senators Pichardo and by unanimous consent, the Honorable President Pro Tempore welcomes to the Chamber Alesandro Gonzalez. ANNOUNCEMENTS Senator Polisena announces that the Committee on Judiciary will meet today, at the rise of the Senate, in Room 313 of the State House.

11 S.J JOURNAL Thursday, June 2, 2005 Senator Bates announces that the Committee on Financial Services, Technology and Regulatory Issues will meet today, at the rise of the Senate, in the Senate Lounge of the State House. RECESS Upon motion of Senator DaPonte, and by unanimous consent, the Senate stands at recess at 4:49 o clock P.M. until the call of the chair. CALLED TO ORDER The Senate is called to order by the Honorable Joseph A. Montalbano, President of the Senate, on Tuesday, June 7, 2005, at 4:21 o clock P.M. FROM THE HOUSE OF REPRESENTATIVES A message from the House of Representatives transmits with announcement of passage, of the following measures: House Bill No BY McHugh, Scott ENTITLED, AN ACT RELATING TO CHARLESTOWN FIRE DISTRICT (would alter the terms of Charlestown fire district fire board members). Received and referred to the Senate Committee on Commerce, Housing and Municipal Government House Bill No SUB A as amended (by request) BY Gallison, Rice, Loughlin, Amaral ENTITLED, AN ACT RELATING TO MOTOR AND OTHER VEHICLES (define a low speed vehicle/set standards by which may operate in the state of RI) Received and referred to the Senate Committee on Commerce, Housing and Municipal Government House Bill No BY Gemma, Flaherty, Ginaitt, Naughton, Trillo ENTITLED, AN ACT RELATING TO HIGHWAYS -- ABANDONMENT BY TOWNS (allow the city of Warwick to sell abandoned highways or drift ways to abutting property owners for fair market value). Received and referred to the Senate Committee on Commerce, Housing and Municipal Government

12 S.J JOURNAL Thursday, June 2, 2005 House Bill No SUB A BY Slater, Almeida, Williams, Diaz, McCauley ENTITLED, AN ACT RELATING TO BUSINESSES AND PROFESSIONS -- NURSING SERVICE AGENCIES (nursing pool licensure) { Received and referred to the Senate Committee on Health and Human Services House Bill No SUB A as amended BY Fox, Ajello, Costantino, Naughton, Jacquard ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT - OPEN MEETINGS (all libraries that receive state aid shall be subject to the open meetings law) Received and referred to the Senate Committee on Judiciary Senate Bill No. 193 SUB B as amended BY Senator Paiva-Weed ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- NEWPORT COUNTY CONVENTION AND VISITORS' BUREAU (reconstitute) Received and referred to the Senate Calendar. 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: House Bill No SUB A BY Flaherty, Landroche, Petrarca ENTITLED, AN ACT RELATING TO INSURANCE -- CONTINUING EDUCATION REQUIREMENTS (change the number of years for continuing education exemption) House Bill No as amended BY San Bento, Kennedy, Shanley ENTITLED, AN ACT RELATING TO MOTOR VEHICLES - INSPECTIONS.

13 S.J JOURNAL Thursday, June 2, 2005 House Bill No SUB A (Business Regulation) BY Savage, Ehrhardt, Moffitt, Long, Singleton ENTITLED, AN ACT RELATING TO INSURANCE (late payment of premium) House Bill No BY Moura, Long ENTITLED, AN ACT RELATING TO PUBLIC UTILITIES AND CARRIERS -- DUTIES OF UTILITIES AND CARRIERS (amend the definition of "renewable energy resources"). COMMUNICATION The Honorable President presents the following communication: June 6, 2005 STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS STATE HOUSE Honorable Joseph A. Montalbano President of the Senate 318 State House Providence, RI Dear Mr. President: Please be advised that I will be absent from the Senate session on Tuesday, June 7, 2005, as I will be out of state attending a national pharmacy conference. I would appreciate your recording my letter in the appropriate Senate Journal. Thank you for your attention to this matter. Sincerely, Leo R. Blais DEPUTY PRESIDENT PRO TEMPORE Read 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:

14 S.J JOURNAL Thursday, June 2, 2005 June 3, 2005 TO THE HONORABLE, THE SENATE: STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS STATE HOUSE I have the honor to inform you that in accordance with the provisions of Section of the Rhode Island General Laws, I have made the following reappointment to the State Building Codes Standards Committee: for a term expiring May 1, Stephen C. Turner of Providence (Public Member) To this reappointment, I respectfully request your advice and consent. Sincerely, Donald L. Carcieri Governor Read and referred to the Committee on Commerce, Housing and Municipal Government. June 3, 2005 STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS STATE HOUSE TO THE HONORABLE, THE SENATE: I have the honor to inform you that in accordance with the provisions of Section of the Rhode Island General Laws, I have made the following reappointment to the State Building Codes Standards Committee: for a term expiring May 1, Mark Lowenstein of Barrington (Representing persons with disabilities) To this reappointment, I respectfully request your advice and consent. Sincerely, Donald L. Carcieri Governor Read and referred to the Committee on Commerce, Housing and Municipal Government.

15 S.J JOURNAL Thursday, June 2, 2005 REPORTS OF COMMITTEES COMMITTEE ON GOVERNMENT OVERSIGHT Senator Lenihan, from the Committee on Government Oversight, reports back, with recommendation of passage of the following measures: Senate Bill No. 46 BY Senators Paiva-Weed, Roberts, McCaffrey, Perry, Lenihan ENTITLED, AN ACT RELATING TO PUBLIC OFFICERS AND EMPLOYEES - CODE OF ETHICS (appointment of RI ethics commission with advice & consent of the senate) Senate Bill No SUB A as amended BY Senators Lenihan, Metts, Bates, Damiani, McBurney ENTITLED, AN ACT RELATING TO SEPARATION OF POWERS Senate Bill No SUB A BY Senators Gallo, Revens, Tassoni, Ruggerio, Montalbano J ENTITLED, AN ACT RELATING TO SEPARATION OF POWERS -- EDUCATION Senate Bill No SUB A as amended BY Senators Lenihan, Caprio F, Ciccone, Alves, Blais ENTITLED, AN ACT RELATING TO SEPARATION OF POWERS Senate Bill No SUB A BY Senators Sosnowski, Paiva-Weed, Raptakis, Gibbs, Felag ENTITLED, AN ACT RELATING TO SEPARATION OF POWERS

16 S.J JOURNAL Thursday, June 2, 2005 Senate Bill No BY Senators Sheehan, Cote, Issa, Doyle, Lanzi ENTITLED, AN ACT RELATING TO SEPARATION OF POWERS Senate Bill No SUB A BY Senators Connors, DaPonte, Perry, McCaffrey, Polisena ENTITLED, AN ACT RELATING TO SEPARATION OF POWERS Senate Bill No SUB A as amended BY Senators Roberts, Badeau, Levesque C, Goodwin, Walaska ENTITLED, AN ACT RELATING TO SEPARATION OF POWERS House Bill No SUB B BY Coderre E, Ginaitt, Naughton, Gallison, Kilmartin ENTITLED, AN ACT RELATING TO SEPARATION OF POWERS House Bill No SUB B as amended BY Coderre E, Kilmartin, Crowley, Lima ENTITLED, AN ACT RELATING TO SEPARATION OF POWERS House Bill No SUB B BY Coderre E, Crowley, Almeida, Gemma, Kilmartin ENTITLED, AN ACT RELATING TO SEPARATION OF POWERS

17 S.J JOURNAL Thursday, June 2, 2005 House Bill No SUB B as amended BY Coderre E, Crowley, Lima, Almeida, Gemma ENTITLED, AN ACT RELATING TO SEPARATION OF POWERS (remove legislators and legislative appointees from certain boards and commissions) House Bill No SUB B as amended BY Coderre E, Crowley, Almeida, Gemma, Kilmartin ENTITLED, AN ACT RELATING TO WATERS AND NAVIGATION -- WATER RESOURCES BOARD (amend the composition) House Bill No SUB A BY Crowley, Coderre E, Lewiss, Carter, Jackson ENTITLED, AN ACT RELATING TO SEPARATION OF POWERS -- EDUCATION (remove legislators and legislative appointees from certain boards and commissions relating to education) House Bill No SUB B BY Coderre E, Lima, Kilmartin, Jackson, Crowley ENTITLED, AN ACT RELATING TO SEPARATION OF POWERS (remove legislators and legislative appointees from certain boards and commissions) In order for the day is taken up as follows: CONSENT CALENDAR Upon motion of Senate Majority Leader Paiva Weed, seconded by Senator Algiere, the following measures on today s Consent Calendar, by unanimous consent, are read and passed, upon a voice vote: IN ORDER FOR TUESDAY, JUNE 7, 2005: 1 Appointment of Guy Lefebvre of Hope to the Rhode Island Rivers Council for a term to expire January 1, Appointment of Sharon Pavignano of Narragansett to the Rhode Island Rivers Council for a term to expire January 1, 2008.

18 S.J JOURNAL Thursday, June 2, S 1120 BY McCaffrey ENTITLED, SENATE RESOLUTION CREATING A SPECIAL SENATE LEGISLATIVE COMMISSION TO STUDY THE RHODE ISLAND MECHANICS LIEN LAW IN ORDER FOR TUESDAY, JUNE 7, 2005: CALENDAR S 668 BY Alves ENTITLED, AN ACT RELATING TO PUBLIC FINANCE -- PUBLIC CORPORATION DEBT MANAGEMENT Committee on Finance recommends passage. Upon suggestion of Senator Alves, and without objection, ordered to be placed on the Calendar for Thursday, June 9, S 964 SUB A BY Alves ENTITLED, AN ACT COMMERCIAL LAWS -- UNFAIR SALES PRACTICES Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute A. Senator Alves moves passage, seconded by Senator Tassoni. The bill marked Substitute A is read and passed, and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 31 Senators voting in the affirmative and 0 Senators voting in the negative as follows: YEAS- 31: The Honorable President Montalbano and Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Connors, Cote, Damiani, DaPonte, Doyle, Felag, Fogarty, Gallo, Gibbs, Issa, Lanzi, Levesque, McBurney, McCaffrey, Metts, Paiva Weed, Perry, Pichardo, Polisena, Raptakis, Ruggerio, Sheehan, Sosnowski, Tassoni S 981 BY Ciccone ENTITLED, AN ACT RELATING TO HIGHWAYS -- CONSTRUCTION AND MAINTENANCE OF STATE ROADS Upon suggestion of Senator Ruggerio, and without objection, ordered to be placed on the Calendar for Thursday, June 9, 2005.

19 S.J JOURNAL Thursday, June 2, S 710 SUB A as amended BY Perry ENTITLED, AN ACT RELATING TO FOOD AND DRUGS -- THE RHODE ISLAND MEDICAL MARIJUANA ACT Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute A as amended. Senator Perry moves passage, seconded by Senators Goodwin, Polisena, Sosnowski, McCaffrey, Paiva Weed, Tassoni, Connors, Pichardo, Metts and Levesque. Senator Polisena, seconded by Senators Perry, Paiva Weed, Ruggerio, McCaffrey, Roberts, Sheehan, Lenihan and many others, offers the following written motion to amend. FLOOR AMENDMENT AN ACT RELATING TO FOOD AND DRUGS -- THE RHODE ISLAND MEDICAL MARIJUANA ACT Mr. President: I hereby move to amend S 710 SUBSTITUTE A, AS AMENDED, entitled "AN ACT RELATING TO FOOD AND DRUGS -- THE RHODE ISLAND MEDICAL MARIJUANA ACT", as follows: 1. On page 1, line 4, by deleting the words "THE RHODE ISLAND MEDICAL MARIJUANA ACT" and inserting in place thereof the words "THE EDWARD O. HAWKINS MEDICAL MARIJUANA ACT". 2. On page 1, lines 5 and 6, by deleting the words "The Rhode Island Medical Marijuana Act" and inserting in place thereof the words "The Edward O. Hawkins Medical Marijuana Act". Senator Perry discusses the amendment. Respectfully submitted, SENATOR POLISENA The motion to amend prevails upon a roll call vote with 36 Senators voting in the affirmative and 0 Senators voting in the negative as follows: YEAS- 36: The Honorable President Montalbano and Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Connors, Cote, Damiani, DaPonte, Doyle, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, Levesque, McBurney, McCaffrey, Metts, Paiva Weed, Perry, Pichardo, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska. Senator Perry seconded by Senators Levesque, McCaffrey, Polisena and Damiani, offers the following written motion to amend.

20 S.J JOURNAL Thursday, June 2, 2005 FLOOR AMENDMENT AN ACT RELATING TO FOOD AND DRUGS -- THE RHODE ISLAND MEDICAL MARIJUANA ACT Mr. President: I hereby move to amend S 710 SUBSTITUTE A, As Amended, entitled "AN ACT RELATING TO FOOD AND DRUGS -- THE RHODE ISLAND MEDICAL MARIJUANA ACT", as follows: word "or". (1) On page 2, line 20, delete the word "and" each time it appears and, in each instance, insert in lieu thereof the (2) On page 3, line 17, insert the words "or bureau" after the word board. (3) On page 3, line 29, insert the following words "for each qualifying patient to whom he or she is connected" after the words "ounces of usable marijuana". (4) On page 4, lines 14 through 17, by deleting the sentence which reads, "A law enforcement agency that seizes and does not return usable marijuana to a registered qualifying patient or a registered primary caregiver shall be liable to the cardholder for the fair market value of the marijuana." (5) On page 4, by inserting the following new subsection between lines 21 and 22: "(i) A practitioner, nurse or pharmacist shall not be subject to arrest, prosecution or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau solely for discussing the benefits or health risks of medial marijuana or its interactions with other substances with a patient." (6) On page 4, line 22, by deleting the designation "(i)" and inserting in place thereof the designation "(j)". (7) On page 5, line 14, by deleting the words "that the person is a qualifying patient" and inserting in place thereof the words "as defined in section (10) of this chapter". (8) On page 5, line 19, by deleting the words "the qualifying patient's primary caregiver" and inserting in place thereof the words "each primary caregiver of the qualifying patient,". (9) On page 6, line 3, by deleting the word "the" which appears before the word "primary" and inserting in place thereof the word "each". (10) On page 6, line 10, by deleting the words "the qualifying patient's primary caregiver" and inserting in place thereof the words "each primary caregiver of the qualifying patient." (11) On page 7, line 23, by deleting the words "the provisions" and inserting in place the words "this provision". (12) On page 7, by deleting lines 25 through 30 and inserting in place thereof the following new subsection:

21 S.J JOURNAL Thursday, June 2, 2005 "(k) On or before January 1, 2007, the department shall report to the House Committee on Health, Education and Welfare and to the Senate Committee on the Judiciary on the use of marijuana for symptom relief. The report shall provide: (i) The number of applications for registry identification cards, the number of qualifying patients and primary caregivers approved, the nature of the debilitating medical conditions of the qualifying patients, the number of registry identification cards revoked, and the number of practitioners providing written certification for qualifying patients; (ii) An evaluation of the costs of permitting the use of marijuana for symptom relief, including any costs to law enforcement agencies and costs of any litigation; (iii) Statistics regarding the number of marijuana-related prosecutions against registered patients and caregivers, and an analysis of the facts underlying those prosecutions; (iv) Statistics regarding the number of prosecutions against physicians for violations of this act; and (v) Whether the United States Food and Drug Administration has altered its position regarding the use of marijuana for medial purposes or has approved alternative delivery systems for marijuana." (13) On page 8, line 3, by deleting the word "or". (14) On page 8, line 4, by deleting the word "and" inserting in place thereof the word "or". (15) On page 8, between lines 4 and 5, by inserting the following new language: "(v) In any licensed drug treatment facility in this state" (16) On page 8, line 32, by inserting the parenthetical "(a)" immediately after the numeral "8". (17) On page 9, by deleting lines 3 through 34. (18) On page 10, by deleting lines 1 through 34. (19) On page 11, by deleting lines 1 through 5. (20) On page 11, line 6, by deleting the numerals " " and inserting in place thereof the numerals " ". (21) On page 11, line 11, by deleting the word and numeral "twenty (20)" and inserting in place thereof the words and numeral "thirty-five (35)". (22) On page 11, by deleting lines 14 and ". (23) On page 11, line 16, by deleting the numerals " " and insert in place thereof the numerals " Respectfully submitted, SENATOR PERRY

22 S.J JOURNAL Thursday, June 2, 2005 The motion to amend prevails upon a roll call vote with 35 Senators voting in the affirmative and 0 Senators voting in the negative as follows: YEAS- 35: The Honorable President Montalbano and Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Connors, Cote, Damiani, DaPonte, Doyle, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, Levesque, McBurney, McCaffrey, Metts, Paiva Weed, Perry, Pichardo, Polisena, Raptakis, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska. Senator Raptakis seconded by Senators Sheehan and Cote, offers the following written motion to amend. FLOOR AMENDMENT AN ACT RELATING TO FOOD AND DRUGS -- THE RHODE ISLAND MEDICAL MARIJUANA ACT Mr. President: I hereby move to amend S 710 SUBSTITUTE A AS AMENDED, entitled "AN ACT RELATING TO FOOD AND DRUGS -- THE RHODE ISLAND MEDICAL MARIJUANA ACT", as follows: 1. On page 8, line 6, by deleting the words and punctuation However, a and by inserting the word A 2. On page 8, line 7, by deleting the word not. Senators McCaffrey, Polisena, Sheehan and Levesque discuss the amendment. Respectfully submitted, SENATOR RAPTAKIS The motion to amend fails of passage upon a roll call vote with 3 Senators voting in the affirmative and 30 Senators voting in the negative as follows: YEAS- 3: Senators Fogarty, Raptakis, Sheehan. NAYS- 30: The Honorable President Montalbano and Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Connors, Cote, Damiani, DaPonte, Doyle, Felag, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, Levesque, McCaffrey, Metts, Paiva Weed, Perry, Pichardo, Polisena, Revens, Ruggerio, Sosnowski, Tassoni. Senator Perry moves passage of the act, as amended, seconded by Senator Paiva Weed and many others. The act is read and passed, by unanimous consent, as amended, upon a roll call vote with 34 Senators voting in the affirmative and 2 Senators voting in the negative as follows: YEAS- 34: The Honorable President Montalbano and Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Connors, Damiani, DaPonte, Doyle, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, Levesque, McBurney, McCaffrey, Metts, Paiva Weed, Perry, Pichardo, Polisena, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska. NAYS- 2: Senators Cote and Raptakis.

23 S.J JOURNAL Thursday, June 2, S 454 SUB A BY Ciccone ENTITLED, AN ACT RELATING TO BUSINESS AND PROFESSIONS -- HAWKERS AND PEDDLERS Committee on Commerce, Housing & Municipal Government recommends indefinite postponement of the original bill and passage of Substitute A. Upon suggestion of Senator Fogarty, and without objection, ordered to be placed on the Calendar for Wednesday, June 8, S 490 SUB A BY Alves ENTITLED, AN ACT RELATING TO BUSINESSES AND PROFESSIONS -- PUBLIC ACCOUNTANCY Committee on Commerce, Housing & Municipal Government recommends indefinite postponement of the original bill and passage of Substitute A. Upon suggestion of Senator Fogarty, and without objection, ordered to be placed on the Calendar for Tuesday, June 14, S 1081 BY Fogarty P ENTITLED, AN ACT RELATING TO TAXATION - LEVY AND ASSESSMENT OF LOCAL TAXES Committee on Commerce, Housing & Municipal Government recommends passage. Upon suggestion of Senator Ruggerio, and without objection, ordered to be placed on the Calendar for Wednesday, June 8, S 1085 BY Fogarty P ENTITLED, AN ACT RELATING TO THE TOWN OF GLOCESTER Committee on Commerce, Housing & Municipal Government recommends passage. Upon suggestion of Senator Ruggerio, and without objection, ordered to be placed on the Calendar for Wednesday, June 8, S 1111 BY Ruggerio ENTITLED, AN ACT RELATING TO THE GENERAL ASSEMBLY - COMPOSITION OF THE SENATE Committee on Judiciary recommends passage.

24 S.J JOURNAL Thursday, June 2, 2005 Upon suggestion of Senator Ruggerio, seconded by Senator Alves and without objection, ordered to be placed on the desk S 1133 BY Polisena ENTITLED, AN ACT RELATING TO HEALTH AND SAFETY -- BUILDING AND FIRE SAFETY CODE Committee on Judiciary recommends passage. Senator Polisena moves passage, seconded by Senators Damiani, Sosnowski, Paiva Weed, Ruggerio, Tassoni, Badeau, Metts, Felag, Levesque and many others. Senators Paiva Weed, Sosnowski, Gibbs and Polisena discuss the act. The act is read and passed, by unanimous consent, upon a roll call vote with 36 Senators voting in the affirmative and 0 Senators voting in the negative as follows: YEAS- 36: The Honorable President Montalbano and Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Connors, Cote, Damiani, DaPonte, Doyle, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, Levesque, McBurney, McCaffrey, Metts, Paiva Weed, Perry, Pichardo, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska H 5360 BY McNamara ENTITLED, AN ACT RELATING TO MOTOR VEHICLES - EMERGENCY VEHICLES Committee on Commerce, Housing & Municipal Government recommends passage in concurrence. Senator Tassoni moves passage, seconded by Senators Polisena, Damiani and Walaska. Senator Tassoni seconded by Senators Walaska, Polisena and Damiani, offers the following written motion to amend. Mr. President: FLOOR AMENDMENT AN ACT RELATING TO MOTOR VEHICLES - EMERGENCY VEHICLES I hereby move to amend H 5360, entitled "AN ACT RELATING TO MOTOR VEHICLES - EMERGENCY VEHICLES", as follows:

25 S.J JOURNAL Thursday, June 2, 2005 On page 2, line 7, by deleting the word "transporter" and inserting in place thereof the word "transportation". Respectfully submitted, SENATOR TASSONI The motion to amend prevails upon a roll call vote with 35 Senators voting in the affirmative and 0 Senators voting in the negative as follows: YEAS- 35: The Honorable President Montalbano and Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Connors, Cote, Damiani, DaPonte, Doyle, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, Levesque, McBurney, McCaffrey, Metts, Paiva Weed, Pichardo, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska. Senator Tassoni moves passage of the act, as amended, seconded by Senators Walaska, Polisena and Damiani. The act is read and passed, by unanimous consent, as amended, 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 Montalbano and Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Connors, Cote, Damiani, DaPonte, Doyle, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Levesque, McBurney, McCaffrey, Metts, Paiva Weed, Pichardo, Polisena, Raptakis, Revens, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska H 5750 as amended BY Anguilla ENTITLED, AN ACT RELATING TO CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS Committee on Commerce, Housing & Municipal Government recommends passage as amended in concurrence. Senator McCaffrey moves passage, seconded by Senator Caprio. The act is read and passed, by unanimous consent, as amended, in concurrence, 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 Montalbano and Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Connors, Cote, Damiani, DaPonte, Doyle, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, Levesque, McBurney, McCaffrey, Metts, Paiva Weed, Pichardo, Polisena, Raptakis, Revens, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.

26 S.J JOURNAL Thursday, June 2, H 5774 SUB A BY Kennedy ENTITLED, AN ACT RELATING TO BUSINESS AND PROFESSIONS -- HAWKERS AND PEDDLERS Committee on Commerce, Housing & Municipal Government recommends indefinite postponement of the original bill and passage of Substitute A in concurrence. Upon suggestion of Senator Ruggerio, and without objection, ordered to be placed on the Calendar for Wednesday, June 8, H 6153 BY Lewiss ENTITLED, AN ACT RELATING TO THE WESTERLY FIRE DISTRICT Committee on Commerce, Housing & Municipal Government recommends passage in concurrence. Upon suggestion of Senator Ruggerio, and without objection, ordered to be placed on the Calendar for Wednesday, June 8, H 6002 BY Sullivan ENTITLED, AN ACT RELATING TO HEALTH AND SAFETY - RHODE ISLAND RESOURCE RECOVERY CORPORATION Committee on Judiciary recommends passage in concurrence. Senator McCaffrey moves passage, seconded by Senators Polisena and Levesque. The act is read and passed, by unanimous consent, in concurrence, 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 Montalbano and Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Connors, Cote, Damiani, DaPonte, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, Levesque, McBurney, McCaffrey, Metts, Paiva Weed, Pichardo, Polisena, Raptakis, Revens, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska H 6356 BY Church ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES Committee on Judiciary recommends passage in concurrence. Senator McCaffrey moves passage, seconded by Senator Tassoni.

27 S.J JOURNAL Thursday, June 2, 2005 The act is read and passed, by unanimous consent, in concurrence, 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 Montalbano and Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Connors, Cote, Damiani, DaPonte, Doyle, Felag, Fogarty, Gallo, Gibbs, Issa, Lanzi, Lenihan, Levesque, McBurney, McCaffrey, Metts, Paiva Weed, Perry, Pichardo, Polisena, Raptakis, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska. ANNOUNCEMENTS Senator Fogarty announces that the Committee on Commerce, Housing & Municipal Government will meet today, at the rise of the Senate, in Room 212 of the State House. Senator Felag announces that the Committee on Finance will meet today, at the rise of the Senate, in Room 211 of the State House. Senator Bates announces that the Committee on Financial Services, Technology and Regulatory Issues will meet today, at the rise of the Senate, in the Senate Lounge of the State House. Senator Polisena announces that the Committee on Judiciary will meet today, at the rise of the Senate, in Room 313 of the State House. Senator Goodwin announces that the Committee on Constitutional and Gaming Issues will meet Wednesday, June 8, 2005, at the rise of the Senate, in Room 211 of the State House. Senator Badeau announces that the Committee on Labor will meet Wednesday, June 8, 2005, at 2:30 o clock, in Room 212 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. RECESS Upon motion of Senator DaPonte, seconded by Senator Algiere, and upon suggestion of Senator Perry the Senate stands at recess at 5:00 o'clock P.M. in honor of the Edward Oren Hawkins Medical Marijuana Act. CALLED TO ORDER The Senate is called to order by the Honorable Joseph A. Montalbano, President of the Senate, on Wednesday, June 8, 2005, at 4:07 o clock P.M. GUESTS

28 S.J JOURNAL Thursday, June 2, 2005 Upon suggestion of Senator Bates and by unanimous consent, the Honorable President welcomes to the Chamber a member of his Republican Senatorial District Committee, Tim Sweetzer and his children Will and Katie. NEW BUSINESS Senate Resolution No BY Senator Lenihan ENTITLED, SENATE RESOLUTION PROCLAIMING JUNE 12, 2005 TO BE "RHODE ISLAND COLONIAL NAVY DAY". Senator Lenihan requests unanimous consent for immediate consideration. Unanimous consent for immediate consideration is granted. Senator Lenihan moves passage, seconded by the entire Senate. The resolution is read and passed, upon a voice vote. REPORTS OF COMMITTEES 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 measure: House Bill No SUB A as amended BY Schadone ENTITLED, AN ACT RELATING TO SPORTS, RACING, AND ATHLETICS (amend certain provisions relative to boxing, insurance for boxing contestants and the weight of boxing gloves) Senator Goodwin requests unanimous consent for immediate consideration. Unanimous consent for immediate consideration is granted. Senator Goodwin moves passage, seconded by Senators Ruggerio, Tassoni, Polisena, McBurney and Bates. The act is read and passed, in concurrence, upon a roll call vote with 29 Senators voting in the affirmative and 1 Senator voting in the negative as follows: YEAS- 29: The Honorable President Montalbano and Senators Algiere, Badeau, Bates, Blais, Breene, Ciccone, Cote, DaPonte, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Levesque, McBurney, McCaffrey, Paiva Weed, Perry, Pichardo, Polisena, Revens, Roberts, Ruggerio, Sosnowski, Tassoni, Walaska. NAYS- 1: Senator Lenihan

29 S.J JOURNAL Thursday, June 2, 2005 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 measure: House Bill No SUB A as amended BY Kennedy, Lewiss, Kilmartin, Costantino, Naughton ENTITLED, AN ACT RELATING TO INSURANCE -- PRODUCER LICENSING ACT (compensation disclosure) Read and ordered to be placed on the Senate Calendar. In order for the day is taken up as follows: CONSENT CALENDAR Upon motion of Senate Majority Leader Paiva Weed, seconded by Senator Algiere, the following measure on today s Consent Calendar, by unanimous consent, are read and passed, upon a voice vote: IN ORDER FOR WEDNESDAY, JUNE 8, 2005: S 1156 BY Revens ENTITLED, AN ACT TO VACATE THE FORFEITURE OR REVOCATION OF THE CHARTER OF ST. PAUL EVANGELICAL LUTHERAN CHURCH In order for the day is taken up as follows: CALENDAR IN ORDER FOR WEDNESDAY, JUNE 8, 2005: S 454 SUB A BY Ciccone ENTITLED, AN ACT RELATING TO BUSINESS AND PROFESSIONS -- HAWKERS AND PEDDLERS Committee on Commerce, Housing & Municipal Government recommends indefinite postponement of the original bill and passage of Substitute A. Senator Ciccone moves passage, seconded by Senators Bates and Pichardo. Senators Bates and Ciccone discuss the act.

30 S.J JOURNAL Thursday, June 2, 2005 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 Montalbano and Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Ciccone, Connors, Cote, DaPonte, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, Levesque, McBurney, McCaffrey, Paiva Weed, Pichardo, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sosnowski, Tassoni, Walaska S 1081 BY Fogarty P ENTITLED, AN ACT RELATING TO TAXATION - LEVY AND ASSESSMENT OF LOCAL TAXES Committee on Commerce, Housing & Municipal Government recommends passage. Senator Fogarty moves passage, seconded by Senators Gallo, Tassoni and Breene. 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 Montalbano and Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Ciccone, Connors, Cote, DaPonte, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, Levesque, McBurney, McCaffrey, Paiva Weed, Perry, Pichardo, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sosnowski, Tassoni, Walaska S 1085 BY Fogarty P ENTITLED, AN ACT RELATING TO THE TOWN OF GLOCESTER Committee on Commerce, Housing & Municipal Government recommends passage. Senator Fogarty moves passage, seconded by Senators Gallo and others. 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 Montalbano and Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Ciccone, Connors, Cote, DaPonte, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, Levesque, McBurney, McCaffrey, Paiva Weed, Perry, Pichardo, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sosnowski, Tassoni, Walaska.