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. 14 Thursday, February 1, 2001 Fourteenth Day


The Senate meets pursuant to adjournment and is called to order by the Honorable John C. Revens, Jr., President Pro Tempore, at 4:00 o'clock P.M.

The roll is called and a quorum is declared present with 46 Senators present and 4 Senators absent as follows:

PRESENT - 46: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, 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.

ABSENT - 4: Senators Graziano, McCaffrey, Roberts, Walton.

INVOCATION



The Honorable President Pro Tempore, by unanimous consent, presents Senator Polisena, to deliver the invocation.

(See Appendix for Invocation)


PLEDGE OF ALLEGIANCE TO THE FLAG



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

APPROVAL OF RECORD


The Senate Journal of Wednesday, January 31, 2001 proceedings is read in part.

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

GUESTS


Upon suggestion of Senators Donelan, Montalbano and Senate Majority Leader Irons, and by unanimous consent, the Honorable President Pro Tempore, welcomes to the Chamber Julie Lynch, a close friend and key campaign aide.

Also;

Upon suggestion of Senator Kells, and by unanimous consent, the Honorable President Pro Tempore, welcomes to the Chamber Abigail Mesa and Arnaldo Pabon.

Also:

Upon suggestion of Senator Connors, and by unanimous consent, the Honorable President Pro Tempore, welcomes to the Chamber the Honorable R. David Cruise, former State Senator and Councilman from Cumberland who was recently elected Chairman of the Cumberland Democratic Committee.

COMMUNICATION


The Honorable President Pro Tempore, presents the following communication:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER


January 25, 2001

The Honorable John C. Revens, Jr.
Senate President Pro Tempore
317 State House Providence, Rhode Island 02903

Dear Senator Revens:

This is to inform you that I will be unable to attend the Senate Session on Thursday, February 1, 2001. I will be out of the state at the Winter meeting of the National Conference of lieutenant Governors.

I request that this letter be printed in the Journal of the Senate.

Sincerely,

CHARLES J. FOGARTY
Lieutenant Governor


Received and ordered to be placed on file.


NEW BUSINESS


Senators Gibbs, Bates, Roberts, Izzo and Perry present (01-S 210) An Act relating to human services - family independence act.

Read and referred to the Committee on Finance.

Senators Connors, Celona, DaPonte, Coderre and Goodwin present (01-S 211) An Act relating to state affairs and government- governors' commission on disabilities.

Read and referred to the Committee on Judiciary.

Senators Algiere, Breene, Blais and Kells present (01-S 212) An Act relating to veterans' exemptions.

Read and referred to the Joint Committee on Veterans Affairs.

Senators Algiere and Walsh present (01-S 213) An Act relating to tourism and development distribution of tax.

Read and referred to the Committee on Finance.

Senators Alves, McCaffrey, DaPonte, Graziano, Montalbano and others present (01-S 214) An Act relating to teachers' and public officers' and employees' retirement and municipal employees.

Read and referred to the Committee on Finance.

Senator Hunter presents (by request) (01-S 215) An Act relating to health and safety of pupils.

Read and referred to the Committee on Finance.

Senator Hunter presents (by request) (01-S 216) An Act relating to parks and recreational areas.

Read and referred to the Committee on Corporations.

Senator Blais presents (01-S 217) An Act relating to commercial law - interest and usury.

Read and referred to the Committee on Corporations.

Senators Bates, Hunter, Polisena, Damiani and Izzo present (01-S 218) An Act relating to mortgages.

Read and referred to the Committee on Corporations.

Senator McBurney presents (01-S 219) An Act relating to state affairs and government - state police.

Read and referred to the Committee on Finance.

Senators Fogarty, Kelly, Irons, Polisena, Breene and others present (01-S 220) An Act relating to medical waste.

Read and referred to the Committee on Finance.

Senators Hunter, Cote, Roberts, Gibbs and Tassoni present (by request of the Lieutenant Governor) (01-S 221) An Act relating to taxation - personal income tax.

Read and referred to the Committee on Finance.

Senators Gallo, Izzo, Igliozzi and Roberts present (01-S 222) An Act authorizing the city of Cranston to finance the unfunded pension liability of the city, by the issuance of not more than $150,000,000 bonds therefor.

Read and referred to the Committee on Corporations.

Senators Tassoni, Montalbano, Daponte, Hunter, Polisena and others present (01-S 223) An Act relating to courts and civil procedure - fees.

Read and referred to the Committee on Judiciary.

Senators Damiani, Polisena, Breene, Gallo, Goodwin and others present (01-S 224) An Act relating to criminal offenses - weapons.

Read and referred to the Committee on Judiciary.

CALENDAR


In order for the day is taken up as follows:

1. (99-S48) An Act establishing the Smithfield land trust.

Committee on Corporations recommends passage.

Senator Tassoni moves passage, seconded by Senator Celona, Igliozzi, Polisena, Enos and Fogarty.

The act is read and passed, by unanimous consent, upon a roll call vote with 42 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 42: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, Hunter, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McDonald, Montalbano, Parella, Perry, Polisena, Raptakis, Ruggerio, Sosnowski, Tassoni, Walaska.

NAYS -0.

2. (99-S57 as amended) An Act relating to Pascoag Utility District.

Committee on Corporations recommends passage as amended.

Upon suggestion of Senator Coderre, and without objection, ordered to be placed on the Calendar for Tuesday, February 6, 2001.



3. (99-S98 as amended) An Act relating to insurance.

Committee on Corporations recommends passage as amended.

Senator Bates moves passage, seconded by Senator Caprio, Hunter, Walaska, Algiere, Blais, Issa, Ruggerio and Polisena.

Senators Cicilline and Bates discuss the act.

The act is read and passed, as amended, by unanimous consent, upon a roll call vote with 40 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 40: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Garabedian, Hunter, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McDonald, Montalbano, Parella, Perry, Polisena, Raptakis, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walsh.

NAYS -0.

ANNOUNCEMENTS




Senator Damiani announces that the Committee on Corporations will meet today at the rise of the Senate in Room 212 of the State House.

Also:

Senator Montalbano announces that the Committee on Judiciary will meet on Tuesday, February 6, 2001, at the rise of the Senate in Room 313 of the State House.

TRANSMITTAL



By unanimous consent, all matters on the Clerk's desk are ordered to be transmitted to His Excellency, the Governor or to the Honorable House of Representatives forthwith.

ADJOURNMENT


Upon motion of Senate Majority Leader Irons, seconded by Senator Algiere, the Senate adjourns at 4:15 o'clock P.M.

RAYMOND T. HOYAS, JR.
Secretary of the Senate

Appendix



INVOCATION

SENATOR JOSEPH M. POLISENA

Heavenly Father, You know that in our highest and best moments, we deeply desire to be true servants of Your will. Impart to us now the grace and strength we need for our solemn responsibilities. Amen.

Appendix



CALENDAR


In order for Tuesday, February 6, 2001:

1. Appointment of Edwin J. Gale of Wakefield VICE Associate Justice Thomas H. Needham as Associate Justice of the Rhode Island Superior Court.

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

2. (99-S57 as amended) An Act relating to Pascoag Utility District.

Committee on Corporations recommends passage as amended.

RAYMOND T. HOYAS, JR.
Secretary of the Senate

Thursday, February 1, 2001



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