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State of Rhode Island and Providence Plantations Journal of the Senate JANUARY SESSION of the General Assembly begun and held at the State House in the City of Providence on Tuesday, the first day of January in the year of Our Lord two thousand and eight. Volume 135, No.26 Tuesday, March 18, 2008 Twenty-Sixth Legislative Day The Senate meets pursuant to adjournment and is called to order by the Honorable Joseph A. Montalbano, President of the Senate, at 4:18 o clock P.M. The roll is called and a quorum is declared present with 35 Senators present and 2 Senators absent as follows: PRESENT 35: The Honorable President Montalbano and Senators Algiere, Alves, Bates, Blais, Breene, Ciccone, Connors, Cote, DaPonte, Doyle, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Jabour, Lanzi, Lenihan, Levesque, Maselli, McBurney, McCaffrey, Metts, Moura, Paiva Weed, Perry, Pichardo, Revens, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska. ABSENT 2: Senators Miller, Raptakis. INVOCATION The Honorable President, by unanimous consent, presents The Reverend Gerald E. Beirne, from Our Lady of Grace Church in Johnston, to deliver the invocation. (See Appendix for Invocation) PLEDGE OF ALLEGIANCE TO THE FLAG The Honorable President, by unanimous consent, presents Senator Connors, to lead the Senate in the pledge of allegiance to the flag. NATIONAL ANTHEM The National Anthem is performing by Marissa Beatini

S.J. -- 2 JOURNAL Tuesday, March 18, 2008 REPORTS OF COMMITTEES COMMITTEE ON FINANCE Senator Alves, from the Committee on Finance, reports back, with recommendation of passage of the following measures: Nomination of Robert A. Mancini (appointment) of Providence to the Public Finance Management Board for a term expiring March 1, 2010. Read and ordered to be placed on the Consent Calendar. Also: Nomination of Emanuel E. Barrows (appointment) of East Providence to the Public Finance Management Board for a term expiring March 1, 2011. Read and ordered to be placed on the Consent Calendar. NEW BUSINESS Senate Resolution No. 2876 BY Senators Goodwin, McBurney, Walaska, Algiere, Montalbano J ENTITLED, SENATE RESOLUTION COMMEMORATING THE CELEBRATION OF ST. PATRICK'S DAY {LC2559/1} Senator Goodwin requests unanimous consent for immediate consideration. Unanimous consent for immediate consideration is granted. Senator Goodwin moves passage, seconded by the entire Senate. The resolution is read and passed, upon a voice vote. Also: Senate Resolution No. 2877 BY Senators Algiere, Ruggerio, Tassoni, McBurney, Montalbano J ENTITLED, SENATE RESOLUTION COMMEMORATING THE CELEBRATION OF ST. JOSEPH'S DAY {LC2558/1} Senator Algiere requests unanimous consent for immediate consideration. Unanimous consent for immediate consideration is granted. Senator Algiere moves passage, seconded by the entire Senate.

S.J. -- 3 JOURNAL Tuesday, March 18, 2008 The resolution is read and passed, upon a voice vote. GUESTS Upon suggestion of Senator McCaffrey and by unanimous consent, the Honorable President, welcomes to the Chamber the Honorable Judge George T. Salem of the Workers Compensation Court. Upon suggestion of Senators Alves and Doyle and by unanimous consent, the Honorable President, welcomes to the Chamber the Honorable John Sabatini, former State Senator and current Administrator of the Workers Compensation Court. Upon suggestion of Senator McBurney and by unanimous consent, the Honorable President, welcomes to the Chamber his son, Joseph John McBurney, Devin Bourcier Fargnoli and the Honorable John Mutter, Family Court Judge. Upon suggestion of Senator Gallo and by unanimous consent, the Honorable President, welcomes to the Chamber Martha Fogarty, mother of Senator Fogarty along with Austin Coyne and Ann McCoy. Upon suggestion of Senator Jabour and by unanimous consent, the Honorable President, welcomes to the Chamber the Honorable John J. Lombardi, Councilman from the City of Providence, Kelly Procacini and the Honorable Susan McGuril, Superior Court. Upon suggestion of Senator Montalbano and by unanimous consent, the Honorable President, welcomes to the Chamber Deputy Sheriff Pamela Dosreis and Sheriff Joann Macari. Upon suggestion of Senator Algiere and by unanimous consent, the Honorable President, welcomes to the Chamber the Honorable Michael Sullivan, DEM Director, the Honorable Jeffrey Lanphear, Rhode Island Superior Court Justice and Family Court of Westerly, Magistrate Edward Newman. Upon suggestion of Senator Cote and by unanimous consent, the Honorable President, welcomes to the Chamber the family of Senator Lenihan, his wife Patricia, daughter Meghan, and granddaughters Victoria and Bryanna. Upon suggestion of Senator Maselli and by unanimous consent, the Honorable President, welcomes to the Chamber the Honorable Michael Forte, family Court Judge and Father Gerald E. Beirne. Upon suggestion of Senator Ciccone and by unanimous consent, the Honorable President, welcomes to the Chamber Sophia Lanzi, the Honorable Judge Ovalles, the Honorable Judge Lombaradi, and the Honorable Secretary of State Ralph A. Mollis. Upon suggestion of Senator Breene and by unanimous consent, the Honorable President, welcomes to the Chamber Lucy and Don Degidio of Richmond.

S.J. -- 4 JOURNAL Tuesday, March 18, 2008 TRANSMITTAL By unanimous consent, all matters on the Secretary's desk are ordered to be transmitted to His Excellency, the Governor, the Honorable Secretary of State or to the Honorable House of Representatives forthwith. ANNOUNCEMENTS Senator Ciccone announces that the Committee on Labor will meet tomorrow, at 3:00 o clock P.M. in Room 212 of the State House. ADJOURNMENT Upon motion of Senator DaPonte, seconded by Senator Algiere, the Senate adjourns at 4:28 o'clock P.M. RAYMOND T. HOYAS, JR. Secretary of the Senate

S.J. -- 5 JOURNAL Tuesday, March 18, 2008 Appendix INVOCATION REVEREND GERALD E. BEIRNE May you have good friends a plenty, and may they be as faithful and reliable as the morning s sunrise each day. May you have warm words on a cold evening, a full moon on a dark night, and a road downhill all the way to heaven. And may God and His Holy Mother take the harm of years away from you.

S.J. -- 6 JOURNAL Tuesday, March 18, 2008 Appendix CONSENT CALENDAR IN ORDER FOR WEDNESDAY, MARCH 19, 2008: 1 Nomination of Edward A. Garcia, Jr. (Representing the Economically Disadvantaged) (appointment) of Cranston VICE Christina Amedeo to the Library Board of Rhode Island for a term expiring December 31, 2008. 2 Nomination of Brenda Dann-Messier, Ed.D. (reappointment) of East Greenwich to the Board of Governors for Higher Education for a term expiring January 31, 2011. 3 Nomination of Pierre L. LaPerriere (reappointment) of Exeter to the Board of Governors for Higher Education for a term expiring January 31, 2010. 4 Nomination of Daniel J. Ryan (reappointment) of Barrington to the Board of Governors for Higher Education for a term expiring January 31, 2011. 5 Nomination of Anthony Santoro, Esquire (reappointment) to the Rhode Island Higher Education Assistance Authority for a term expiring July 1, 2012. 6 Nomination of Bart Hollingsworth (General Public/Library User) (appointment) VICE Alice Barrows to the Library Board of Rhode Island for a term expiring December 31, 2009. 7 Nomination of Phyllis A. Humphrey (Representing Librarian/School Libraries)(reappointment) of Saunderstown to the Library Board of Rhode Island for a term expiring December 31, 2010.

S.J. -- 7 JOURNAL Tuesday, March 18, 2008 8 Nomination of Mary Ann Slocomb (Librarian/Corporate-Special Libraries) (appointment) of Cranston VICE Tovah Reis to the Library Board of Rhode Island for a term expiring December 31, 2010. 9 Nomination of Thomas W. Viall (General Public/Library User) (appointment) VICE Jay Litman to the Library Board of Rhode Island for a term expiring December 31, 2009. 10 Nomination of Anna Cano-Morales (appointment) of North Providence VICE Gary Grove to the Board of Regents for Elementary and Secondary Education for a term expiring January 31, 2011. 11 Nomination of Robert A. Mancini (appointment) of Providence to the Public Finance Management Board for a term expiring March 1, 2010. Committee on Finance recommends that the Senate give its Advice and Consent to this nomination. 12 Nomination of Emanuel E. Barrows (appointment) of East Providence to the Public Finance Management Board for a term expiring March 1, 2011. Committee on Finance recommends that the Senate give its Advice and Consent to this nomination. RAYMOND T. HOYAS, JR. Secretary of the Senate

S.J. -- 8 JOURNAL Tuesday, March 18, 2008 Appendix CALENDAR IN ORDER FOR WEDNESDAY, MARCH 19, 2008: 1 Nomination of Brandon F. Brown (appointment) (Student Representative) of Kingston VICE Sarah D. Courtemanch to the Board of Governors for Higher Education for a term expiring January 31, 2010. 2 2008-S 2414 as amended BY Alves ENTITLED, AN ACT RELATING TO INSURANCE -- HEALTH INSURANCE -- COPAYMENTS Committee on Finance recommends passage as amended. 3 2008-S 2265 as amended BY Walaska ENTITLED, AN ACT RELATING TO COMMERCIAL LAW - GENERAL REGULATORY PROVISIONS - INTEREST AND USURY Committee on Corporations recommends passage as amended. 4 2008-S 2793 as amended BY Cote ENTITLED, AN ACT RELATING TO LIBRARIES -- STATE PUBLICATIONS CLEARING HOUSE Committee on Corporations recommends passage as amended. 5 2008-H 7007 SUB A BY Williamson ENTITLED, AN ACT AMENDING THE DISTRESSED AREAS ECONOMIC REVITALIZATION ACT Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute A in concurrence. RAYMOND T. HOYAS, JR. Secretary of the Senate