SENATE JOURNALS - Tuesday, March 20, 2001

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. 29 Tuesday, March 20, 2001 Twenty-ninth Day

The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Charles J. Fogarty, at 4:05 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, Gibbs, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, lenihan, McBurney, McCaffrey, McDonald, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roney, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walsh, Walton.

ABSENT - 2; Senators Garabedian, Roberts,

INVOCATION

His Honor, the Lieutenant Governor, by unanimous consent, presents the Honorable Thomas Goodwin, former State
Senator, to deliver the invocation.

PLEDGE OF ALLEGIANCE TO THE FLAG

His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Celona, to lead the Senate in the pledge of allegiance to the flag.

NATIONAL ANTHEM

His Honor, the Lieutenant Governor, by unanimous consent, presents Corey Pesaturo, nationally acclaimed accordionist to lead the Senate in the National Anthem.

APPROVAL OF RECORD

The Senate Journal of Thursday, March 15, 2001 proceedings is read in part.

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

REPORTS OF COMMITTEES TRANSFER OF BILLS

Senator Montalbano, from the Committee on Judiciary, in accordance with Senate Rule 6.14, moves to transfer the following bill from the Committee on Judiciary to the Committee on Special Legislation:

(01-S 513) An Act relating to criminal offenses trespass and vandalism.

Read and referred to the Committee on Special Legislation.

Senator Montalbano, from the Committee on Judiciary, in accordance with Senate Rule 6.14, moves to transfer the following bill from the Committee on Judiciary to the Committee on Corporations:

(01-S 271) An Act relating to zoning ordinances.

Read and referred to the Committee on Corporations.

Senator Montalbano, from the Committee on Judiciary, in accordance with Senate Rule 6.14, moves to transfer the following bills from the Committee on Judiciary to the Committee on Health, Education and Welfare: (01-S507) An Act relating to Rhode Island food, drugs and cosmetics act.

Read and referred to the Committee on Health, Education and Welfare.

(01-S 566) An Act relating to criminal offenses -children.

Read and referred to the Committee on Health, Education and Welfare.

Senator Celona, from the Committee on Corporations, in accordance with Senate Rule 6.14, moves to transfer the following bill from the Committee on Corporations to the Committee on Judiciary:

(01-S 111) An Act relating to the uniform commercial code- bulk transfers.

Read and referred to the Committee on Judiciary.

COMMITTEE ON CORPORATIONS

Senator Celona, from the Committee on Corporations, reports back, with recommendation of passage of the following measures:

(01-S 237) (Substitute "A") An Act relating to insurance.

Read and ordered to be placed on the Calendar.

(01-S 242) An Act relating to insurance -consumer representation at rate hearings.

Read and ordered to be placed on the Calendar.

(01-S 243 as amended) An Act relating to lending institutions.

Read and ordered to be placed on the Calendar.

(01-S 261) An Act relating to financial institutions.

Read and ordered to be placed on the Calendar.

(01-S 269) An Act relating to financial institutions - licensed activities.

Read and ordered to be placed on the Calendar.

(01-S 410) An Act relating to financial institutions - licensed activities.

Read and ordered to be placed on the Calendar. (01-S442) An Act relating to licensed activities.

Read and ordered to be placed on the Calendar.

(01-S 443) An Act relating to the Rhode Island uniform securities act.

Read and ordered to be placed on the Calendar.

(01-S 587) An Act relating to businesses and professions real estate brokers and salespersons.

Read and ordered to be placed on the Calendar.

(01-S 588 as amended) An Act relating to businesses and professions- solicitation by charitable organizations.

Read and ordered to be placed on the Calendar.

(01-S 589) An Act relating to licensed activities.

Read and ordered to be placed on the Calendar.

(01-S 351) An Act relating to waters and navigation - regulation of boats.

Read and ordered to be placed on the Calendar.

(01-S 488) An Act relating to the award of municipal contracts.

Read and ordered to be placed on the Calendar.

(01-S 499) An Act relating to towns and cities - ordinances.

Read and ordered to be placed on the Calendar.

(01-S 583) (Substitute "A") An Act relating to public utilities and carriers - CATV.

Read and ordered to be placed on the Calendar.

(01-S 665) An Act relating to towns and cities - relief of firefighters and police officers.

Read and ordered to be placed on the Calendar.

COMMITTEE ON FINANCE

Senator Caprio, from the Committee on Finance, reports back, with recommendation of passage of the following measure:

(01-S 675) An Act relating to the National Guard.

Read and ordered to be placed on the Calendar.

COMMITTEE ON JUDICIARY

Senator Montalbano, from the Committee on Judiciary, reports back, with recommendation of passage of the following measures:

(01-S 204 as amended) An Act relating to the town of Lincoln- juvenile hearing board.

Read and ordered to be placed on the Calendar.

(01-S 246) An Act relating to causes of action.

Read and ordered to be placed on the Calendar. (015628) An Act relating to criminal procedure - criminal royalties.

Read and ordered to be placed on the Calendar.

(01-S 812) An Act relating to solemnization of marriages.

Read and ordered to be placed on the Calendar.

(01-S 825) An Act relating to solemnization of marriages.

Read and ordered to be placed on the Calendar.

(01-H 5056) An Act relating to solemnization of marriages.

Read and ordered to be placed on the Calendar.

NEW BUSINESS

Senators Irons, Algiere, Celona, Damiani, Polisena and others present (01-S 872) Senate Resolution commemorating the Feast of St. Joseph.

Senator Irons requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator Irons, seconded by the entire Senate, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.

Senators Irons, Algiere, Celona, Damiani, Polisena and others present (01-S 873) Senate Resolution commemorating the celebration of St. Patrick's Day.

Senator Irons requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator Irons, seconded by the entire Senate, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.

GUESTS

Upon suggestion of Senator Walaska, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Martha Fogarty, mother of Lieutenant Governor Fogarty and Senator Fogarty.

Also:

Upon suggestion of Senator Alves, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the family of Senator McCaffrey, his wife Dierdre McCaffrey, son Michael and daughter Caitlin.

Also:

Upon suggestion of Senator Fogarty, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Austin Coyne, Liz Parizek, Carolyn Riordan, John S. Ziegelmayer, Joan T. Doorley, Ann L. McCoy, Helen Moroney and Ann Polacek.

Also:

Upon suggestion of Senator Coderre, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the first lady of the Rhode Island Senate, Mary D. Irons.

Also:

Upon suggestion of Senator Coderre, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the Honorable Paul Wildenhain, Councilman from the City of Pawtucket.

Also:

Upon suggestion of Senator Coderre, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Kristen Connors and Michael Reeves, members of the Young Democrats of Rhode Island.

Also:

Upon suggestion of Senator Izzo, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Bill Holland, Commissioner of Higher Education along with Tony Leone, Deputy Commissioner of Higher Education.

Also:

Upon suggestion of Senator Goodwin, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Patrick Griffin, owner of Patrick's Pub on Smith Street, June Hassett and Claire Barrett.

Also:

Upon suggestion of Senator Celona, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Patricia Goodwin, mother of Senator Goodwin and the Honorable Anthony Marciano, former State Senator from North Providence.

Also:

Upon suggestion of Senator Blais, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber from the Rhode Island National Guard, Major General Reginald Centracchio, Adjutant General; Brigadier General James Reed and Colonel David Russell.

Also:

Upon suggestion of Senator Cote, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the Honorable Daniel Andrews, North Smithfield Town Administrator.

Also:

Upon suggestion of Senator Cote, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Tom Roberts, former Senate Chief of Staff.

Also:

Upon suggestion of Senator Irons, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Barbara Connors, Democratic State Committeewoman and her son, Joseph Connors, East Providence City Council Sergeant-at-Arms.

Also:

Upon suggestion of Senator Goodwin, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the Honorable Terrence Hassett, Councilman from the City of Providence.

Also:

Upon suggestion of Senator Irons, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Sheldon Sollosy, a leader in the Rhode Island business community.

Also:

Upon suggestion of Senator Celona, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the Honorable Eileen Cook, North Providence Town Council member.

Also:

Upon suggestion of Senator Irons, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber his niece, Christina Bain and a very close family friend, Roseann DeSimone.

Also:

Upon suggestion of Senators Coderre, Montalbano, McBurney and Senate Majority Leader Irons, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Larry Tetreault, Chairman of the Pawtucket Democratic City Committee.

ANNOUNCEMENTS

Senator Graziano announces that the Committee on Health, Education and Welfare will meet on Wednesday, March 21, 2001, at the rise of the Senate in Room 211 of the State House.

Also:

Senator Goodwin announces that the Committee on Special Legislation will meet on Wednesday, March 21, 2001, at the rise of the Senate in the Senate Lounge 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 4:22 o'clock P.M.

RAYMOND T. HOYAS, JR.
Secretary of the Senate

Appendix

CONSENT CALENDAR

In order for Wednesday, March 21, 2001:

1. (01-S 866) An Act reinstating and restoring forfeited or revoked corporate charters.

Ordered on the Consent Calendar.

2. (01-S 18) (Substitute "A") Senate Resolution respectfully requesting the Department of Health to create a plan for pediatric psychiatric admissions.

Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".

3. (01-S 235) Joint Resolution requesting the Rhode Island Department of Health to promote annual check-ups and screening for prostate and colorectal cancer.

Committee on Health, Education and Welfare recommends passage.

4. (01-S 252) Senate Resolution supporting a women's health platform that recognizes the serious inequities in the health prevention and treatment of women and calls for the elimination of these inequities to improve the health status of women in the state of Rhode Island.

Committee on Health, Education and Welfare recommends passage.'

5. (01-H5346) An Act to vacate the forfeiture or revocation of the charter of Soldi Manufacturing, Inc.

Ordered on the Consent Calendar.

6. (01-H6205) An Act to vacate the forfeiture or revocation of the charter of S & K Realty, Inc.

Ordered on the Consent Calendar.

RAYMOND T. HOYAS, JR.
Secretary of the Senate

Tuesday, March 20, 2001

Appendix

CALENDAR

In order for Wednesday, March 21, 2001:

1. (01-S 17 as amended) An Act relating to certification of child care personnel.

Committee on Health, Education and Welfare recommends passage as amended.

2. (99-S167) (Substitute "A" as amended) An Act relating to motor and other vehicles.

Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.

3. (99-S469) An Act relating to health and safety.

Committee on Health, Education and Welfare recommends passage.

4. (99-S182) An Act relating to personal watercraft regulations.

Committee on Special Legislation recommends passage.

5. (99-S539) An Act relating to commission on the deaf and hard of hearing.

Committee on Special Legislation recommends passage.

6. (99-S413) An Act relating to the Public Utilities Commission.

Committee on Corporations recommends passage.

7. (99-S445 as amended) An Act relating to health and safety- state building code.

Committee on Corporations recommends passage as amended.

8. (99-S667) An Act relating to public utilities and carriers - Public Utilities Commission.

Committee on Corporations recommends passage.

9. (99-S716) An Act relating to health and safety - state building code - existing structures.

Committee on Corporations recommends passage.

10. (01-S 815) An Act authorizing the Chariho Regional School District to issue not to exceed $55,160,000 general obligation bonds and/or notes to finance the construction of a new high school, the renovation of a portion of the existing high school to convert the high school into an elementary school, additions to and renovations of the Ashaway School and the Hope Valley School, the renovation of the Charlestown School and the Richmond School and the improvement, alteration, repair, furnishing and equipping of such facilities and repealing section 13(1) of the regional school districts enabling legislation.

Committee on Corporations recommends passage.

11. (99-S96) An Act relating to waters and navigation - Coastal Estuary Habitat Restoration Program and Trust Fund.

Committee on Finance recommends passage.

12. (99-S172) An Act relating to labor and labor relations- sexual harassment, education and training in the workplace.

Committee on Labor recommends passage.

13. (99-S309) An Act relating to insurance -workers' compensation insurance fund.

Committee on Labor recommends passage.

14. (99-S411 as amended) An Act relating to motor and other vehicles - public motor vehicles.

Committee on Corporations recommends passage as amended.

15. (99-S473) An Act relating to state contracts - prevailing wage.

Committee on Labor recommends passage.

16. (99-S475) An Act relating to labor and labor relations- Workplace Violence Prevention Act.

Committee on Labor recommends passage.

17. (99-S303) An Act relating to judicial selection.

Committee on Judiciary recommends passage.

Appendix

CALENDAR

In order for Thursday, March 22, 2001:

1. (99-S237) (Substitute "A") An Act relating to insurance.

Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".

2. (99-S242) An Act relating to insurance -consumer representation at rate hearings.

Committee on Corporations recommends passage.

3. (99-S243 as amended) An Act relating to lending institutions.

Committee on Corporations recommends passage as amended.

4. (99-S261) An Act relating to financial institutions.

Committee on Corporations recommends passage.

5. (99-S269) An Act relating to financial institutions licensed activities.

Committee on Corporations recommends passage.

6. (99-S351) An Act relating to waters and navigation - regulation of boats.

Committee on Corporations recommends passage.

7. (99-S410) An Act relating to financial institutions - licensed activities.

Committee on Corporations recommends passage.

8. (99-S442) An Act relating to licensed activities.

Committee on Corporations recommends passage.

9. (99-S443) An Act relating to the Rhode Island uniform securities act.

Committee on Corporations recommends passage.

10. (99-S488) An Act relating to the award of municipal contracts.

Committee on Corporations recommends passage.

11. (99-S499) An Act relating to towns and cities - ordinances.

Committee on Corporations recommends passage.

12. (01-S583) (Substitute "A") An Act relating to public utilities and carriers - CATV.

Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".

13. (99-S587) An Act relating to businesses and professions real estate brokers and salespersons.

Committee on Corporations recommends passage.

14. (99-S588 as amended) An Act relating to businesses and professions - solicitation by charitable organizations.

Committee on Corporations recommends passage as amended.

15. (99-S589) An Act relating to licensed activities.

Committee on Corporations recommends passage.

16. (99-S665) An Act relating to towns and cities - relief of firefighters and police officers.

Committee on Corporations recommends passage.

17. (99-S675) An Act relating to the National Guard.

Committee on Finance recommends passage.

18. (99-S204 as amended) An Act relating to the town of Lincoln- juvenile hearing board.

Committee on Judiciary recommends passage as amended.

19. (99-S246) An Act relating to causes of action.

Committee on Judiciary recommends passage.

20. (99-S628) An Act relating to criminal procedure - criminal royalties.

Committee on Judiciary recommends passage.

21. (99-S812) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage.

22. (99-S825) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage.

23. (01-H5056) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage in concurrence.

RAYMOND T. HOYAS, JR.
Secretary of the Senate

Tuesday, March 20, 2001

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