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 second day of January in the year of Our Lord two thousand and one.
| Volume 128, No. 4 |
Tuesday, January 9, 2001 |
Fourth Day |
The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Charles J. Fogarty, at 4:01 o'clock P.M.
The roll is called and a quorum is declared present with 48 Senators present and 2 Senators absent as follows;
PRESENT - 48: senators Algiere, Alves, Badeau. Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, Graziano, Hunter Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McDonald, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roney, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walsh, Walton.
ABSENT - 2: Senators McCaffrey, Roberts.
INVOCATION
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Walaska, to deliver the invocation.
(See Appendix for Invocation.)
PLEDGE OF ALLEGIANCE TO THE FLAG
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Walaska, to lead the Senate in the pledge of allegiance to the flag.
APPROVAL OF RECORD
The Senate Journal of Thursday, January 4, 2001 proceedings is read in part.
Upon suggestion of Senator Walaska and by unanimous consent, further reading of the Journal is dispensed with and the Journal approved as recorded,
GUESTS
Upon suggestion of Senators Sheehan and Senate Majority Leader Irons, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Sandra Spina.
APPOINTMENTS BY THE GOVERNOR
His Honor, the Lieutenant Governor, presents the following communication from His Excellency, the Governor, transmitting the following appointments and requesting the advice and consent of the Senate thereto:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE
Lincoln Almond
Governor
January 8, 2001
To the Honorable, the Senate:
I have the honor to inform you that in accordance with the provisions of Section 23-19-6 of the Rhode Island General Laws, I have made the following reappointment to the Rhode Island Resource Recovery Corporation:
Wayne Salisbury of North Scituate
(Elected City or Town Official)
for a term expiring July 1, 2003.
To this appointment, I respectfully request your advice and consent.
Sincerely,
LINCOLN ALMOND
Governor
Read and referred to the Committee on Judiciary.
Also;
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE
Lincoln Almond
Governor
January 8, 2001
To the Honorable, the Senate;
I have the honor to inform you that in accordance with the provisions of Section 42-75-2 of the Rhode Island General Laws, I have made the following appointment I" the Rhode Island State Council on the Arts:
Michael A. Watson of Cranston
VICE
Deborah Bodington Sullivan
(resigned)
for a term expiring March 1, 2002.
To this appointment, I respectfully request your advice and consent.
Sincerely.
LINCOLN ALMOND
Governor
Read and referred to the Committee on Judiciary.
Also;
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE
Lincoln Almond
Governor
January 8, 2001
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:
Marie Stoeckel of Providence
(Representing health officials)
VICE
Frank Canario
(-retired)
for a term expiring May 2001
this appointment, I request you!- advice and consent.
Sincerely.
LINCOLN ALMOND
Governor
Read and referred to the Committee on Judiciary.
Also:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE
Lincoln Almond
Governor
January 8, 2001
The Honorable, the Senate.
On June 2000, I sent notice to the Senate of the making 'f the within appointment. In order to provide the Senate additional statutory time to consider this appointment, I am hereby withdrawing and resubmitting this appointment as ;;f this date.
I have the honor to inform you that in accordance with the provisions of Section 17-7-3 of the Rhode Island General Laws. I have made the following appointment to the State Board of Elections:
John W. Lyle, Jr, of Lincoln
VICE
Jonathan Farnunt
(resigned)
for a term expiring June 1, 2001.
To this appointment, I respectfully request your advice and consent.
Sincerely,
LINCOLN ALMOND
Governor
Read and referred to the Committee on Judiciary.
Also:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE
Lincoln Almond
Governor
January 8, 2001
To the Honorable, the Senate;
I have the honor to inform you that in accordance with the provisions of Section 29-3.1-2.2 of the Rhode Island General Laws, I have made the following appointment to the Library Board of Rhode Island:
Mark McKenney of Providence
(Public Member)
for a term expiring December 31, 2003.
To this appointment, I respectfully request your advice and consent.
Sincerely.
LINCOLN ALMOND
Governor
Read and referred to the Commit.tee on Judiciary.
Also:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE
Lincoln Almond
Governor
January 8. 2001
To the Honorable, the Senate:
On May 1, 2000, I sent notice to the Senate of the making of the within appointment. In order to provide the Senate additional statutory time to consider this appointment, I am hereby withdrawing and resubmitting this appointment as of this date.
I have the honor to inform you that in accordance with the provisions of Section 46-23-2 of the Rhode Island General Laws, I have made the following reappointment to the Coastal Resources Management Council;
Pamela Pogue of East Greenwich
(Public Member)
for a term expiring January 31, 2003.
To this appointment, I respectfully request your advice and consent.
Sincerely,
LINCOLN ALMOND
Governor
Read and referred to the Committee on Judiciary
Also:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE
Lincoln Almond
Governor
January 8, 2001
To the Honorable, the Senate:
I have the honor to inform you that in accordance with the provisions of Section 29-3.1-2.2 of the Rhode Island General Laws, I have made the following reappointment to the Library Board of' Rhode Island:
Donald Deignan, Ph.D of Providence
(Represents Blind and Physically Handicapped Persons)
for a term expiring December 31, 2003.
To this appointment, I respectfully request your advice and consent.
Sincerely,
LINCOLN ALMOND
Governor
Read and referred to the Committee on Judiciary,
Also:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE
Lincoln Almond
Governor
January 8, 2001
To the Honorable, the Senate:
I have the honor to inform you that in accordance with t.he provisions of Section 20-3-1 of' the Rhode Island General Laws, I have made the following reappointment to the Marine Fisheries Council:
Dr. Jeremy B. Collie of Narragansett
for a term expiring April 1, 2004.
To this appointment, I respectfully request your advice and consent.
Sincerely,
LINCOLN ALMOND
Governor
Read and referred to the Committee on Judiciary.
FROM THE
HOUSE OF REPRESENTATIVES
A message from the House of Representatives transmits with announcement of passage'.
(01-H 5009) An Act relating to textbooks.
Read and referred to the Committee on Special Legislation.
NEW BUSINESS
Senator Celona presents (01-S 16) An. Act reinstating and restoring forfeited or revoked corporate charters.
Read and ordered to be placed on the Consent Calendar for Wednesday, January 10, 2001
Senator Blais presents (01-S 17) An Act relating to certification of child care personnel.
Read and referred to the Committee on Health, Education and Welfare.
Senators Gibbs, Blais, Roberts, Parella, Cicilline and others present (01-S 18) Senate Resolution respectfully requesting the Department of Health to create a plan for pediatric psychiatric admissions.
Read and referred to the Committee on Health, Education and Welfare.
Senator Revens presents (01-S 19) Joint Resolution to approve and publish and submit to the electors a proposition of amendment to the Constitution of the State (election of Governor and Lieutenant Governor - Executive Power).
Read and referred to the Committee on Special Legislation.
Senators Damiani, Polisena, Montalbano, Celona, Roney and others present (01-S 20) An Act relating to campus security.
Read and referred to the Committee on Judiciary.
Senators Bates, Celona, Enos, Sosnowski and Roney present (01-S 21) An Act creating a sunset law.
Read and referred to the Committee on Judiciary,
Senators Kells, Walaska, Graziano and Hunter present (01-S 22) An Act relating to military affairs and defense National Guard.
Read and referred to the Committee on Finance.
Senators Revens, Donelan, Walaska and Lenihan present (01-S 23) An Act relating to taxation -- situs and ownership of taxable property.
Read and referred to the Committee on Finance.
Senators Donelan, Walaska, Alves, Celona, Montalbano and others present (01-S 24) An Act relating to state affairs and government
organized nonprofit athletic program funding.
Read and referred to the Committee on Finance.
Senators Fogarty, Kells, Walaska, Felag and Damiani present (01-S 25) An Act relating to sales and use taxes liability and computation.
Read and referred to the Committee on. Finance.
Senators Fogarty, Walaska, Kells, Paiva Weed and Kelly present (01-S 26) An Act relating to taxation.
Read and referred to the Committee on Finance.
Senators Blais, Celona and Polisena present (01-S 27) An Act relating to fire safety.
Read and referred to the Committee on Finance.
Senator Raptakis presents (01-S 28) Joint Resolution to approve and publish and submit to the electors a proposition of amendment to the Constitution of the State (special elections to fill vacancy in office of the Secretary of State, Attorney General or General Treasurer),
Read and referred to the Committee on Special Legislation.
Senators Fogarty, Tassoni, Breene, Walsh and Badeau present (01-S 29) An Act relating to education.
Read and referred to the Committee on Finance.
Senators Cicilline, Lenihan and Roberts present (01-S 30) An Act relating to establishment and extension of gambling activities.
Read and referred to the Committee on Special Legislation.
Senators Cicilline, Paiva Weed, Goodwin, Roney, Roberts and others present (01-S 31) An Act relating to cities and towns state aid.
Read and referred to the Committee on Finance.
Senators Cicilline, Walton and Perry present (01-S 32) An Act relating to human services
medical assistance.
Read and referred to the Committee on Finance.
Senators Kells, Fogarty and Felag present (01-S 33) Joint Resolution making an appropriation of $200 to pay a bonus in the case of Howard S. Chase of 690 Wellington Hill Road, Manchester, NH 03104, who served in the United States Navy during the Korean conflict, under serial number 901 90 30.
Read and referred to the Committee on Finance.
Senators Kells, Walaska, Cote, Hunter and Felag present (01-S 34) An Act relating to registration of vehicles.
Read and referred to the Joint Committee on Veterans Affairs.
Senators Issa, Kells, Hunter, Felag, Damiani and others present (01-S 35) An Act relaying to military affairs and defense extension of veterans' benefits.
Read and referred to the Joint Committee on Veterans Affairs.
Senators Sosnowski and Irons present (01-S 36) An Act relating to fish and wildlife - general provisions.
Read and referred to the Committee on Corporations.
ANNOUNCEMENTS
Senator Coderre announces that the Senate deadline for introduction of New Business is February 6, 2001.
Also:
Senator Felag announces that the Committee on Finance will meet on Wednesday, January 10, 2001., for an organization meeting at the rise of the Senate in Room 211 of the State House.
Also:
Senator Montalbano announces that the Committee on Judiciary will meet today for an organization meeting at the rise of the Senate in Room 313 of the State House.
ADJOURNMENT
Upon motion of Senate Majority Leader irons, seconded by Senator Algiere, the Senate adjourns at 4:07 o'clock P.M.
RAYMOND T. HOYAS, JR.
Secretary of the Senate
Appendix
INVOCATION
SENATOR WILLIAM A. WALASKA
Lord, please bestow your special blessings on all assembled in this chamber. Help us to bear in mind that the people who have elected us to serve them have placed their trust in our capabilities, may we serve them well in the ways which You have taught us. Amen.
Appendix
PROCEEDINGS IN GRAND COMMITTEE
ELECTION OF THE
SECRETARY OF STATE
JANUARY 9, 2001
The Honorable Speaker, John Harwood, appoints the following Committee to escort His Honor, the Lieutenant Governor, and the Honorable Senate, to the House Chamber: Representatives Dennigan, McNamara, Rabideau, Shavers, Williamson and Scott.
The House attends for the arrival of His Honor, the Lieutenant Governor, and the Honorable Senate.
His Honor, the Lieutenant Governor, Charles J. Fogarty, in the Chair.
The Grand Committee is called to order at 5:17 o'clock P.M., Tuesday, January 9, 2001.
His Honor, the Lieutenant Governor, directs the Honorable John S. Baxter, Jr., Senate Reading Clerk, to call the roll of the Senate.
The Senate roll is called:
PRESENT - 47: Senators Algiere, Alves, Badeau. Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kells, Lenihan, McBurney, McDonald, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roney, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walsh, Walton.
ABSENT - 3: Senators Kelly, McCaffrey, Roberts.
His Honor, the Lieutenant Governor, directs the Honorable Louis D'Antuono, Clerk of the House, to call the roll of the House of Representatives,
The House of Representatives roll is called:
PRESENT - 97: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Almeida, Amaral. Anderson, M., Anderson, S,, Anguilla, Barr, Benson, Bierman, Brien, Burlingame, Callahan, Cambio, Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H., Murphy, W.J., Palangio, Palumbo, Picard, Pires, Pisaturo, quick, Rabideau, Reilly, Rose, San Bent.o, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.
ABSENT- 3: Representatives Ajello, Levesque, Naughton.
His Honor, the Lieutenant Governor, declares there is a quorum of the Senate present (47 members) and a quorum of the House of Representatives present (97 members), therefore a quorum of the Grand Committee.
His Honor, the Lieutenant Governor, directs the Clerk of the House to read the Joint Resolution (01-H 5006) of invitation that has previously been read and passed in concurrence.
House Majority Leader Martineau and Representative Cicilline discuss the process of filling the vacancy in the Office of Secretary of State.
His Honor, the Lieutenant Governor, directs the Clerk of the House to read the following communication:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
OFFICE OF THE SECRETARY OF STATE
ROOM 220, STATE HOUSE
PROVIDENCE, RHODE ISLAND 02903-1105
JAMES R, LANGEVIN
Secretary of State
January 2, 2001
The Honorable Members of the
Rhode Island General Assembly
Rhode Island State House
Providence, RI 02903
I respectfully submit to the Honorable Members of the Rhode Island General Assembly my resignation as Secretary of State for the State of Rhode Island, This resignation is effective January 3, 2001 at 11:00 a.m.
It has been an honor and privilege to serve as Secretary of State and I look forward to representing the people of Rhode Island as their Congressman from the second congressional district,
Respectfully submitted,
JAMES R. LANGEVIN
Read and ordered to be placed on file.
Upon suggestion of House Majority Leader Martineau, seconded by Senate Majority Leader Irons, and by unanimous consent, the resignation of the Secretary of State is accepted and placed on file, upon a voice vote.
His Honor, the Lieutenant Governor, declares nominations are now in order to fill the vacancy in the Office of Secretary of State.
NOMINATION
Representative George nominates the Honorable Edward S. Inman, III, as Secretary of State for the remainder of the term of office.
(See Appendix for remarks.)
Representative Murphy and Senator Blais, second the nomination of the Honorable Edward S. Inman, III, as Secretary of State.
Without objection, hearing no further nominations, His Honor, the Lieutenant Governor, declares nominations closed.
His Honor, the Lieutenant Governor directs the Senate Reading Clerk to call the roll of the Senate and to tally the votes for the nominee.
The Senate roll is called:
YEAS - 47: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kells, Lenihan, McBurney, McDonald, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roney, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walsh, Walton.
NAYS - 0.
His Honor, the Lieutenant Governor directs the Clerk of the House to call the roll of the House of Representatives and to tally the votes for the nominee.
The House of Representatives roll is called:
YEAS - 95: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Almeida, Anderson, M., Anderson, S., Anguilla, Barr, Benson, Brien, Burlingame, Callahan, Cambio, Caprio, Carroll, Carter, Cerra, Cicilline, Coderre, Coelho, Coogan, Corvese, Costantino, Crowley, Dennigan, DeSimone, Faria, Flaherty, Fleury, Fox, Gallison, Garvey, George, Giannini, Ginaitt, Gorham, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Lewiss, Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moran, Moura, Mumford, Munschy, Murphy, W.H.. Murphy, W.J., Palangio, Palumbo, Picard, Pires, Pisaturo, quick, Rabideau, Reilly, Rose, San Bento, Savage, Schadone, Scott, Shanley, Shavers, Sherlock, Simonian, Slater, Smith, Story, Sullivan, Tejada, Thompson, Trillo, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.
NAYS - 0.
ANNOUNCEMENT OF RESULTS
His Honor, the Lieutenant Governor, announces the Honorable Edward S. Inman, III of Coventry has received 142 votes and is therefor elected Secretary of State for the State of Rhode island and Providence Plantations.
His Honor, the Lieutenant Governor directs the Honorable Raymond T. Hoyas, Jr., Secretary of the Senate, to notify His Excellency, Lincoln Almond and other elected officials of the actions taken by Grand Committee on this date.
Representatives Watson, S. Anderson and Montanaro extend congratulations to the Secretary-elect and welcomes his family to the Chamber.
ADDRESS BY THE SECRETARY-ELECT
His Honor, the Lieutenant Governor presents the Honorable Edward S. Inman, III, Secretary of State-elect, to address the members of Grand Committee.
ADJOURNMENT
Upon motion of House Majority Leader Martineau, seconded by Senate Majority Leader Irons, the Grand Committee adjourns and both Houses separate at 5:46 o'clock P.M.
RAYMOND T, HOYAS, JR.
Secretary of the Senate
Tuesday, January 9, 2001.
REMARKS
REPRESENTATIVE MYRNA S. GEORGE
Senate Majority Leader Irons, Speaker Harwood, House Majority Leader Martineau, Members of the Grand Committee
It is with great pride that I rise today to put into nomination for the position of Rhode Island Secretary of State the name of Edward S.. Inman III.
Representative Edward Inman has served Rhode Island as a member of the Rhode Island House of Representatives for the cast 14 years. Additionally, he has served as Deputy Speaker of the House for the past 2 years. During his tenure, Representative Inman has displayed a notable ability to treat each and every member with the utmost respect and total professionalism. As a member of this House, he has worked hard for governmental reform and to enact laws that promote the interests of the public.
During the past I years, I have had the opportunity to work with Ed Inman on a number of local and statewide issues, and. be has always demonstrated a clear understanding of the effect state government has on the lives of individual Rhode Islanders. His willingness to help others to navigate the governmental process is well-known to members of this House and to his constituents.
In addition to being a statesman, Ed Inman is an educator. His expertise and experience will serve him and the state well. With his background in political science, Ed Inman brings a unique perspective, strong leadership skills, and a deeply held belief in the term "public servant." His is eminently qualified for the often challenging office of Secretary of State.
Abraham Lincoln, Theodore Roosevelt, Gandhi, Lyndon Baines Johnson - all are statesman admired by Edward inman. These men spoke simply but earnestly. They spoke their minds, and they spoke the truth, We can count on that mom Edward S. Inman III. He has done that as a State
Representative, and he will continue to do it as our Secretary of State.
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