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. 30
Wednesday, March 21, 2001
Thirtieth Day
The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Charles J. Fogarty, 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:
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Sheehan, to deliver the invocation.
(See Appendix for Invocation-)
PLEDGE OF ALLEGIANCE TO THE FLAG
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Sheehan, to lead the Senate in the pledge of allegiance to the flag.
APPROVAL OF RECORD
The Senate Journal of Tuesday, March 20, 2001 proceedings is read in part.
Upon suggestion of Senator Sheehan, and by unanimous consent, further reading of the Journal is dispensed with and the Journal approved as recorded.
GUESTS
Upon suggestion of Senator Polisena, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Michael Davignon, son of Senate staff member Suzanne Davignon.
Also:
Upon suggestion of Senator Polisena, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Rachel Berthiaume.
COMMUNICATION
His Honor, the Lieutenant Governor, presents the following communication:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER
March 20, 2001
His Honor, Charles J. Fogarty
Lieutenant Governor 116 State House
Providence, RI 02903
Dear Lt. Governor Fogarty:
Please be advised that I will be unable to attend the Senate
sessions on Wednesday, March 21 and Thursday, March 22, as I will be out of state on personal business. I would appreciate your recording my letter in the appropriate Senate Journal.
Thank you for your assistance.
Sincerely,
DENNIS L. ALGIERE
Senate Minority Leader
Received and ordered to be placed on file.
APPOINTMENT BY THE GOVERNOR
His Honor, the Lieutenant Governor, presents the following communication from His Excellency, the Governor, transmitting the following appointment and requesting the advice and consent of the Senate thereto:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE
Lincoln Almond Governor
February 14, 2001
To the Honorable, the Senate:
I have the honor to inform you that in accordance with the provisions of Section 42-128-6 of the Rhode Island General Laws, I have made the following appointment to the Rhode Island Housing Resources Act:
David Hammarstrom of Providence
(Representative of Insurers)
VICE
Jean Vient
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.
FROM THE
HOUSE OF REPRESENTATIVES
A message from the House of Representatives transmits with announcement of passage:
(01-H 6237) An Act relating to solemnization of marriages.
Read and referred to the Committee on Judiciary.
REPORTS OF COMMITTEE
COMMITTEE ON LABOR
Senator Badeau, from the Committee on Labor, reports back, with recommendation of passage of the following measures:
(01-S 290) An Act relating to employment.
Read and ordered to be placed on the Calendar.
(01-S 686) An Act relating to labor - employment security.
Read and ordered to be placed on the Calendar.
NEW BUSINESS
The following item s are received and referred to committee pending any objection of the body on the next legislative day.
Senators Cicilline and Paiva Weed present (01-S 874) An Act relating to solemnization of marriages.
Read and referred to the Committee on Judiciary.
Senators Fogarty, Tassoni, Breene, Walaska and Kells present (01-S 875) An Act in amendment of sections 4 and 5 of Chapter 905 of the Public Laws of 1912, entitled "An Act to incorporate the Chepachet Fire District," as amended.
Read and referred to the Committee on Corporations.
CONSENT CALENDAR
In order for the day is taken up as follows:
Upon motion of Senator Irons, seconded by Senator Breene, the following measures on today's Consent Calendar, by unanimous consent, are read and passed, items 5 and 6 in concurrence, upon a voice vote:
1. (99-S866) An Act reinstating and restoring forfeited or revoked corporate charters.
2. (01-S 18) (Substitute "A") Senate Resolution respectfully requesting the Department of Health to create a plan for pediatric psychiatric admissions.
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.
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.
5. (01-H5346) An Act to vacate the forfeiture or revocation of the charter of Soldi Manufacturing, Inc.
6. (01-H6205) An Act to vacate the forfeiture or revocation of the charter of 5 & K Realty, Inc.
CALENDAR
In order for the day is taken up as follows:
1. (99-S17 as amended) An Act relating to certification of child care personnel.
Committee on Health, Education and Welfare recommends passage as amended.
Senator Blais moves passage, seconded by Senators Enos, Breene, Graziano and many others.
Senators Izzo, Gibbs and Sheehan discuss the act.
The act is read and passed, as amended, by unanimous consent, upon a roll call vote with 43 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
2. (01-S 167) (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.
Senator Montalbano moves passage, seconded by Senators Polisena, Damiani, Goodwin, Kells 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:
3. (99-S469) An Act relating to health and safety.
Committee on Health, Education and Welfare recommends passage.
Senator Blais moves passage, seconded by Senators Breene and Graziano.
The act is read and passed, by unanimous consent, upon a roll call vote with 43 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
4. (01-S 182) An Act relating to personal watercraft regulations.
Committee on Special Legislation recommends passage.
Senator Raptakis moves passage, seconded by Senators Walsh, Goodwin and others.
Senators Donelan, Raptakis and Goodwin discuss the act.
The act is read and passed, by unanimous consent, upon a roll call vote with 43 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
5. (01-S 539) An Act relating to commission on the deaf and hard of hearing.
Committee on Special Legislation recommends passage.
Senator Walaska moves passage, seconded by Senators Fogarty, Sheehan, Goodwin, Gallo and many others.
The act is read and passed, by unanimous consent, upon a roll call vote with 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
6. (01-S 413) An Act relating to the Public Utilities Commission.
Committee on Corporations recommends passage.
Upon suggestion of Senator Coderre, and without objection, ordered to be placed on the Calendar for Tuesday, March 27, 2001.
7. (01-S 445 as amended) An Act relating to health and safety-
state building code.
Committee on Corporations recommends passage as amended.
Senator Hunter moves passage, seconded by Senators Polisena, Celona, Damiani and many others.
The act is read and passed, as amended, by unanimous consent, upon a roll call vote with 43 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
8. (01-S 667) An Act relating to public utilities and carriers-
Public Utilities Commission.
Committee on Corporations recommends passage.
Upon suggestion of Senator Felag, and without objection, ordered to be recommitted to the Committee on Corporations.
9. (01-S 716) An Act relating to health and safety - state building code - existing structures.
Committee on Corporations recommends passage.
Senator Gallo moves passage, seconded by Senators Celona, Alves, Goodwin and others.
The act is read and passed, by unanimous consent, upon a roll call vote with 44 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
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.
Senator Walsh moves passage, seconded by Senator Sosnowski.
The act is read and passed, by unanimous consent, upon a roll call vote with 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
11. (99-S96) An Act relating to waters and navigation - Coastal Estuary Habitat Restoration Program and Trust Fund.
Committee on Finance recommends passage.
Senator Paiva Weed moves passage, seconded by Senators Irons, Coderre, Caprio, Felag, Connors, Roney, Walsh, McDonald and many others.
Senators Irons and Cicilline discuss the act.
The act is read and passed, by unanimous consent, upon a roll call vote with 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
13. (99-S309) An Act relating to insurance -workers' compensation insurance fund.
Committee on Labor recommends passage.
Senator Badeau moves passage, seconded by Senators Ruggerio and Damiani.
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:
14. (99-S411 as amended) An Act relating to motor and other vehicles - public motor vehicles.
Committee on Corporations recommends passage as amended.
Senator Coderre moves passage, seconded by Senators Celona, Goodwin and Sheehan.
The act is read and passed, as amended, by unanimous consent, upon a roll call vote with 44 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
15. (99-S473) An Act relating to state contracts
- prevailing wage.
Committee on Labor recommends passage.
Upon suggestion of Senator Ruggerio, and without objection, ordered to be placed on the Calendar for Wednesday, March 28, 2001.
16. (99-S475) An Act relating to labor and labor relations-
Workplace Violence Prevention Act.
Committee on Labor recommends passage.
Senator Gallo moves passage, seconded by Senators Celona, Goodwin, Graziano and several others.
The act is read and passed, by unanimous consent, upon a roll call vote with 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
Senator Damiani announces that the Committee on Corporations will meet on Thursday, March 22, 2001, at the rise of the Senate in Room 212 of the State House.
Also:
Senator Felag announces that the Committee on Finance will meet on Thursday, March 22, 2001, at 3:00 o'clock P.M. in Room 211 of the State House.
Also:
Senator Graziano announces that the Committee on Health, Education and Welfare will meet today at the rise of the Senate in the Senate Lounge of the State House.
Also:
Senator Issa announces that the Committee on Special Legislation will meet today at the rise of the Senate in the Room 211 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, and upon suggestion of Senator Izzo, the Senate adjourns at 4:30 o'clock P.M., on a unanimous rising vote, as a further mark of respect to the memory of Viola B. Lynch, noted Cranston preservationist and co-owner of the Nathaniel Porter Inn, Warren, and a leading force in the preservation of historic buildings in Cranston. She will be greatly missed.
RAYMOND T. HOYAS, JR. Secretary of the Senate
Appendix
INVOCATION
SENATOR JAMES C. SHEEHAN
Dear God, we pray that you keep our purposes clear and our visions keen that we may face today's challenges with high resolve. Amen.
Appendix
CALENDAR
In order for Thursday, March 22, 2001:
1. (01-S 237) (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. (99-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. (01-S 812) 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.
Appendix
CALENDAR
In order for Tuesday, March 27, 2001:
1. (01-S 413) An Act relating to the Public Utilities Commission.
Committee on Corporations recommends passage.
2. (01-S 290) An Act relating to employment.
Committee on Labor recommends passage.
3. (01-S 686) An Act relating to labor -employment security.
Committee on Labor recommends passage.
Appendix
CALENDAR
In order for Wednesday, March 28, 2001:
1. (01-S 473) An Act relating to state contracts
- prevailing wage.
Committee on Labor recommends passage.
RAYMOND T. HOYAS, JR. Secretary of the Senate
Wednesday, March 21, 2001
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