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. 20
Tuesday, February 27, 2001
Twentieth Day
The Senate meets pursuant to adjournment and is called to order by the Honorable John C. Revens, Jr., President Pro Tempore, at 4:01 o'clock P.M.
The roll is called and a quorum is declared present with 46 Senators present and 4 Senators absent as follows:
The Honorable President Pro Tempore, by unanimous consent, presents Senator Paiva Weed, to deliver the invocation.
(See Appendix for Invocation)
PLEDGE OF ALLEGIANCE TO THE FLAG
The Honorable President Pro Tempore, by unanimous consent, presents Senator Paiva Weed, to lead the Senate in the pledge of allegiance to the flag.
COMMUNICATION
The Honorable President Pro Tempore, presents the following communications:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
OFFICE OF THE LIEUTENANT GOVERNOR
February 27, 2001
The Honorable John C. Revens, Jr. Senate President Pro Tempore 317 State House
Providence, Rhode Island 02903
VIA Hand Delivery
Dear Senator Revens;
This is to inform you that I will be unable to attend the Senate Session today, Tuesday, February 27, 2001. I am on Jury Duty.
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.
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER
February 27, 2001
His Honor, Charles J. Fogarty Lieutenant Governor Room 116, State House Providence, RI 02903
Dear Lt. Governor Fogarty:
Please be informed that I will be out of State and will not be in attendance for the following session days; Tuesday, February 27, Wednesday, February 28 and Thursday, March 1. I would greatly appreciate your submitting this into the record.
Thank you for your cooperation in this matter.
Sincerely,
DOMINICK J. RUGGERIO
Senator, District 4
Received and ordered to be placed on file.
EFFECTIVE WITHOUT THE SIGNATURE OF THE GOVERNOR
The Honorable President Pro Tempore presents an announcement of the receipt by the Secretary of State of the following measures which became effective without the signature of His Excellency, the Governor on February 16, 2001:
(01-S 16) An Act reinstating and restoring forfeited or revoked corporate charters.
(01-S 52) An Act reinstating and restoring forfeited or revoked corporate charters.
(01-S 116) An Act reinstating and restoring forfeited or revoked corporate charters.
EDWARD S. INMAN, III Secretary of State
Received and ordered to be placed on file.
Also:
The Honorable President Pro Tempore presents an announcement of the receipt by the Secretary of State of the following measure which became effective without the signature of His Excellency, the Governor on February 22, 2001:
(01-S 14) An Act relating to education -establishment of regional school districts.
EDWARD S. INMAN, III Secretary of State
Received and ordered to be placed on file.
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
February 2, 2001
TO the Honorable, the Senate:
I have the honor to inform you that in accordance with the provisions of Section 28-5-8 of the Rhode Island General Laws, I have made the following reappointment to the Commission for Human RIghts;
Dr. John B. Susa of Warwick for a term expiring July 1, 2005.
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
February 2, 2001
TO the Honorable, the Senate:
I have the honor to inform you that in accordance with the provisions of Section 28-5-8 of the Rhode Island General Laws, I have made the following reappointment to the Commission for Human RIghts;
Jean Stover of Bristol
for a term expiring July 1, 2005.
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
February 2, 2001
To the Honorable, the Senate:
I have the honor to inform you that in accordance with the provisions of Section 16-61-4 of the Rhode Island General Laws, I have made the following appointment to the Rhode Island Public Telecommunications Authority;
Michael Isaacs of East Greenwich
VICE
Dale D. Huff
(resigned)
for a term expiring January 31, 2002.
To this appointment, I respectfully request your advice and consent.
Sincerely,
LINCOLN ALMOND
Governor
Read and referred to the Committee on Judiciary.
NEW BUSINESS
Senators Kells, Raptakis, Walton, Cicilline, Igliozzi and others present (01-S 810) Senate Resolution commemorating the 157th Anniversary of Dominican Republic Independence on February 27, 2001.
Senator Kells requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Kells, seconded by the entire Senate, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.
CONSENT CALENDAR
In order for the day is taken up as follows:
Upon motion of Senate Majority Leader Irons, seconded by Senator Algiere, the following measures and appointments on today's Consent Calendar, by unanimous consent, are read and passed upon a voice vote:
1. Reappointment of Angela V. Lovegrove of Rumford (Representative of Fair Housing) to the Rhode Island Housing Resources Act for a term expiring January 31, 2004.
Committee on Judiciary recommend that the Senate give its Advice and Consent to this reappointment.
2. Reappointment of Anna F. Prager of Wakefield to the Rhode Island Public Transit Authority for a term expiring April 1, 2003.
Committee on Judiciary recommend that the Senate give its Advice and Consent to this reappointment.
3.Reappointment of Christian L. Stephens of Woonsocket (Non-Profit Development Corporation) to the Rhode Island Housing Resources Act for a term expiring January 31, 2004.
Committee on Judiciary recommend that the Senate give its Advice and Consent to this reappointment.
4. Reappointment of Donald Deignan, Ph.D of Providence (Represents Blind and Physically Handicapped Persons) to the Library Board of Rhode Island for a term expiring December 31, 2003.
Committee on Judiciary recommend that the
Senate give its Advice and Consent to this
reappointment.
5. Appointment of Mark McKenney of Providence (Public Member) to the Library Board of Rhode Island for a term expiring December 31, 2003.
Committee on Judiciary recommend that the Senate give its Advice and Consent to this appointment.
6. Reappointment of Dr. Jeremy S. Collie of Narragansett to the Marine Fisheries Council for a term expiring April 1, 2004.
Committee on Judiciary recommend that the Senate give its Advice and Consent to this reappointment.
7. Appointment of Michael A. Watson of Cranston VICE Deborah Bodington Sullivan (resigned) to the Rhode Island State Council on the Arts for a term expiring March 1, 2002.
Committee on Judiciary recommend that the Senate give its Advice and Consent to this appointment.
8. Reappointment of Pamela Pogue of East Greenwich (Public Member) to the Coastal Resources Management Council for a term expiring January 31, 2003.
Committee on Judiciary recommend that the Senate give its Advice and Consent to this reappointment.
9. Reappointment of Wayne Salisbury of North Scituate (Elected City or Town Official) to the Rhode Island Resource Recovery Corporation for a term expiring July 1, 2003.
Committee on Judiciary recommend that the Senate give its Advice and Consent to this reappointment.
10. Reappointment of the Honorable Francis X. Flaherty of Warwick to the Board of Governors for Higher Education for a term expiring January 31,2004.
Committee on Judiciary recommend that the Senate give its Advice and Consent to this reappointment.
11. (99-S683) An Act reinstating and restoring forfeited or revoked corporate charters.
Ordered to be placed on the Calendar.
CALENDAR
In order for the day is taken up as follows;
1. (99-S119) (Substitute "A" as amended) An Act relating to waters and navigation - regulation of boats.
Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.
Senator Damiani moves passage, seconded by Senators Walton, Parella, Celona, Blais, Roney and others.
Senator Damiani, seconded by Senators Celona, Blais, Roney, Breene and others, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(01-S 119) (Substitute "A" as amended)
Mr. President:
I hereby move to amend (01-S 119) (Substitute
"A" as amended) entitled "AN ACT RELATING TO WATER AND NAVIGATION REGULATION OF BOATS", as follows:
On page 1, lines 10 and 11, delete the words "five (5) years and a fine not to exceed five thousand ($5,000)" and insert in lieu thereof the words "one (1) year and a fine not to exceed one thousand dollars ($1,000)".
Respectfully submitted,
MICHAEL J. DAMIANI
Senator, District 43
The motion to amend prevails upon a voice vote.
Upon motion of Senator Damiani, seconded by Senators Celona, Parella, Walton 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 40 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
2. (01-H5061) An Act relating to the establishment of regional school districts - Chariho.
Committee on Corporations recommends passage in concurrence.
Senator Walsh moves passage, seconded by Senators Enos and Lenihan.
The act is read and passed in concurrence, by unanimous consent, upon a roll call vote with 41 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
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 today 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 Senator Irons, seconded by Senator Algiere, and upon suggestion of Senator Tassoni, the Senate adjourns at 4:17 o'clock P.M., on a unanimous rising vote, as a further mark of respect to the memory of Walter Sears of Smithfield, an outstanding and well-respected member of his community. He will be greatly missed.
RAYMOND T. HOYAS, JR. Secretary of the Senate
Appendix
INVOCATION
SENATOR M. TERESA PAIVA WEED
As we reconvene in this Senate Chamber, let us once again contemplate our reasons for being here. Let us also ask of our Creator, that he bestow special blessings today on us all and properly guide us in serving the people of our State.
Amen.
Appendix
CALENDAR
In order for Wednesday, February 28, 2001:
1. Appointment of Stephen J. Capineri of East Providence VICE Associate Justice Peter Palombo, Jr. as Associate Justice of the Rhode Island Family Court.
Committee on Judiciary recommend that the Senate give its Advice and Consent to this appointment.
RAYMOND T. HOYAS, JR. Secretary of the Senate
Tuesday, February 27, 2001
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