SENATE JOURNALS - Tuesday, April 10, 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. 38 Tuesday, April 10, 2001 Thirty-eighth 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 50 Senators present and 0 Senators absent as follows:

PRESENT - 50: 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, McCaffrey, McDonald, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walsh, Walton.

ABSENT-0.

INVOCATION

His Honor, the Lieutenant Governor, by unanimous consent, presents Senate Majority Leader Irons, to deliver the invocation.

PLEDGE OF ALLEGIANCE TO THE FLAG

His Honor, the Lieutenant Governor, by unanimous consent, presents Senate Majority Leader Irons, to lead the Senate in the pledge of allegiance to the flag.

APPROVAL OF RECORD

The Senate Journal of Thursday, April 5, 2001 proceedings is read in part.

Upon suggestion of Senate Majority Leader Irons, and by unanimous consent, further reading of the Journal is dispensed with and the Journal approved as recorded.

APPOINTMENT 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 14, 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 reappointment to the Rhode Island Public Telecommunications Authority:

Michael E. Schwartz of Bristol for a term expiring January 31, 2004.

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

April 3, 2001

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section &8-15(a) of the Rhode Island General Laws, I have made the following reappointment as Chief Clerk of the Rhode Island District Court:

Jerome Smith of Woonsocket for a term expiring April 1,206.

To this appointment, I respectfully request your advice and consent.

Sincerely,

LINCOLN ALMOND
Governor

Read and referred to the Committee on Judiciary.

EFFECTIVE WITHOUT THE SIGNATURE OF THE GOVERNOR

His Honor, the Lieutenant Governor, 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 April 5, 2001:

(01-S 48) An Act establishing the Smithfield Land Trust.

EDWARD S. INMAN, III
Secretary of State

Received and ordered to be placed on file.

REPORTS OF COMMITTEES
COMMITTEE ON CORPORATIONS

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

(01-S 139) An Act relating to corporations, associations and partnerships.

Read and ordered to be placed on the Calendar.

(01-S 399) (Substitute "A") An Act relating to financial institutions- creation and expansion.

Read and ordered to be placed on the Calendar.

(01-S 433) (Substitute "A") An Act relating to the Rhode Island Resource Recovery Corporation.

Read and ordered to be placed on the Calendar.

(01-S 487) An Act relating to fire safety -inspection fees.

Read and ordered to be placed on the Calendar.

(01-S 489) (Substitute "A") An Act relating to businesses and professions contractors' registration.

Read and ordered to be placed on the Calendar.

(01-S 494) (Substitute "A") An Act relating to businesses and professions - contractors' restrictions.

Read and ordered to be placed on the Calendar.

(01-S 495) An Act relating to corporations, associations and partnerships - the Rhode Island limited liability company act.

Read and ordered to be placed on the Calendar.

(01-S 863) An Act relating to zoning. Read and ordered to be placed on the Calendar.

(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 ordered to be placed on the Calendar.

COMMITTEE ON
HEALTH, EDUCATION AND WELFARE

Senator Graziano, from the Committee on Health, Education and Welfare, reports back, with recommendation of passage of the following measure:

(01-S 331) (Substitute "A" as amended) An Act relating to education - Rhode Island Certification Standards Board.

Read and ordered to be placed on the Calendar.

FROM THE
HOUSE OF REPRESENTATIVES

A message from the House of Representatives transmits with announcement of passage:

(01-H 5247) An Act relating to criminal procedure - peace officers.

Read and referred to the Committee on Judiciary.

Also:

(01-H 5311) An Act relating to residential landlord and tenant act.

Read and referred to the Committee on Judiciary.

Also:

(01-H 5312) An Act relating to domestic relations - child support.

Read and referred to the Committee on Judiciary.

Also:

(01-H 5607) An Act relating to courts and civil procedure- causes of action.

Read and referred to the Committee on Judiciary.

Also:

(01-H 6313) Joint Resolution creating a special legislative commission to study commuter rail service.

Read and referred to the Committee on Special Legislation.

Also:

(01-H 5343) An Act establishing the Smithfield Land Trust.

Read and referred to the Committee on Corporations.

NEW BUSINESS

The following item is received and referred to committee pending any objection of the body on the next legislative day.

Senator Montalbano presents (01-S 908) An Act relating to solemnization of marriages.

Read and referred to the Committee on Judiciary.

CALENDAR

In order for the day is taken up as follows:

Upon suggestion of Senate Majority Leader Irons, and without objection, the Calendar's for today and tomorrow are deferred to Tuesday, April 24, 2001.

THE

ADJOURNMENT

Upon motion of Senate Majority Leader Irons, seconded by Senator Algiere, the Senate adjourns at 4:05 o'clock P.M.

RAYMOND T. HOYAS, JR.
Secretary of the Senate

Appendix

CALENDAR

In order for Tuesday, April 24, 2001:

1. (01-S 558) An Act relating to credit card lending.

Committee on Corporations recommends passage.

2. (99-S336) An Act relating to domestic relations - adoption of children.

Committee on Judiciary recommends passage.

3. (99-S894) Senate Resolution amending the rules of the Senate for the years 2001-2002.

Ordered on the Calendar.

4. (99-S144) An Act relating to towns and cities - district management authorities.

Committee on Corporations recommends passage.

5. (99-S339) An Act relating to health and safety.

Committee on Corporations recommends passage.

6. (01-S 408) An Act relating to corporations, associations and partnerships - limited liability partnerships and the Rhode Island Limited Liability Company Act.

Committee on Corporations recommends passage.

7. (99-S415) An Act relating to businesses and professions- athlete agents.

Committee on Corporations recommends passage.

8. (99-S482) An Act relating to businesses and professions public accountancy.

Committee on Corporations recommends passage.

9. (99-S751) An Act relating to waters and navigation - Narragansett Bay Commission.

Committee on Corporations recommends passage.

10. (99-S759 as amended) An Act relating to uniform commercial code leases.

Committee on Corporations recommends passage as amended.

11. (01-H5421) An Act relating to taxation -new real estate construction - Tiverton.

Committee on Corporations recommends passage in concurrence.

12. (99-S473) (Substitute "A") An Act relating to state contracts- prevailing wage.

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

13. (99-S228) An Act relating to sales and use taxes - enforcement and collection.

Committee on Finance recommends passage.

14. (01-S 90) (Substitute "A") Joint Resolution creating a special legislative task force to evaluate schools on an individual basis and develop a comprehensive strategy to deal with the threat of school violence.

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

15. (99-S163) (Substitute "A") An Act relating to mental health.

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

16. (99-S374) An Act relating to taxation -sales and use taxes liability and computation.

Committee on Finance recommends passage.

17. (99-S446) An Act relating to taxation -sales and use tax - equipment used in research and development.

Committee on Finance recommends passage.

18. (99-S461) An Act relating to state affairs and government- mill building and economic revitalization act.

Committee on Finance recommends passage.

19. (99-S419) An Act relating to taxation -business corporation tax.

Committee on Finance recommends passage.

20. (99-S853) An Act relating to public buildings.

Committee on Special Legislation recommends passage.

21. (99-S139) An Act relating to corporations, associations and partnerships.

Committee on Corporations recommends passage.

22. (99-S399) (Substitute "A") An Act relating to financial institutions creation and expansion.

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

23. (99-S433) (Substitute "A") An Act relating to the Rhode Island Resource Recovery Corporation.

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

24. (99-S487) An Act relating to fire safety -inspection fees.

Committee on Corporations recommends passage.

25. (99-S489) (Substitute "A") An Act relating to businesses and professions - contractors' registration.

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

26. (99-S494) (Substitute "A") An Act relating to businesses and professions - contractors' restrictions.

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

27. (99-S495) An Act relating to corporations, associations and partnerships - the Rhode Island limited liability company act.

Committee on Corporations recommends passage.

28. (99-S863) An Act relating to zoning.

Committee on Corporations recommends passage.

29. (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.

Committee on Corporations recommends passage.

30. (99-S331) (Substitute "A" as amended) An Act relating to education Rhode Island Certification Standards Board.

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

RAYMOND T. HOYAS, JR.
Secretary of the Senate

Tuesday, April 10, 2001

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