SENATE JOURNALS - Wednesday, May 9, 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. 47 Wednesday, May 9, 2001 Forty-seventh 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 49 Senators present and 1 Senator absent as follows:

PRESENT - 49: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Gate, 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 - 1: Senator Connors.

INVOCATION

His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Alves, to deliver the invocation.

(See Appendix for Invocation)

PLEDGE OF ALLEGIANCE TO THE FLAG

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

APPROVAL OF RECORD

The Senate Journal of Tuesday, May 8, 2001 proceedings is read in part.

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

GUESTS

Upon suggestion of Senators Caprio, Fogarty and Tassoni, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber nationally renown baseball legend Michael "Mickey" Martynik and the Honorable Burleigh Briggs of Smithfield, Town Councilman.

Also:

Upon suggestion of Senator Montalbano, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the family of Senator Graziano, her daughter Mary Lou Pontarelli, granddaughters Melissa Crandall and Sarah Crandall, and her first great-granddaughter, Lindsey Rose Smith, born on February 21, 2001.

FROM THE

HOUSE OF REPRESENTATIVES

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

(01-H 5100) (Substitute "A" as amended) An Act relating to businesses and professions - unsolicited - telephone sales calls.

Read and referred to the Committee on Corporations.

Also:

(01-H 5728) (Substitute "A") An Act relating to public utilities and carriers - Public Utilities Commission.

Read and referred to the Committee on Corporations.

Also:

(01-H 5729) An Act relating to the Public Utilities Commission,

Read and referred to the Committee on Corporations.

Also:

(01-H 5780) (Substitute "A") An Act relating to commercial law credit card solicitation.

Read and referred to the Committee on Corporations.

Also:

(01-H 5798) (Substitute "A" as amended) An Act relating to collaborative pharmacy practice.

Read and referred to the Committee on Corporations.

Also:

(01-H 5804) An Act relating to taxation property tax classification- Providence.

Read and referred to the Committee on Corporations.

Also:

(01-H 5810 as amended) An Act relating to state affairs and government expedited permit process.

Read and referred to the Committee on Corporations.

Also:

(01-H 5960) An Act relating to health care facilities - nursing facility moratorium.

Read and referred to the Committee on Corporations.

Also:

(01-H 5961) An Act relating to motor vehicle reparations act.

Read and referred to the Committee on Corporations.

Also:

(01-H 6118) An Act relating to taxation -property subject to taxation.

Read and referred to the Committee on Corporations.

Also:

(01-H 5759) (Substitute "A") An Act relating to registration of voters.

Read and referred to the Committee on Judiciary.

Also:

(01-H 5860) (Substitute "A") An Act relating to elections.

Read and referred to the Committee on Judiciary.

Also:

(01-H 6219) (Substitute "A") An Act relating to criminal procedure- sentencing to life imprisonment without parole.

Read and referred to the Committee on Judiciary.

Also:

(01-H 5928 as amended) An Act relating to alcoholic beverages- licenses generally.

Read and referred to the Committee on Special Legislation.

Also:

(01-H 5963) An Act relating to maximum property tax levy.

Read and referred to the Committee on Finance.

CALENDAR

In order for the day is taken up as follows:

1. (99-S673) An Act relating to taxation.

Committee on Corporations recommends passage.

Senator Coderre moves passage, seconded by Senators Celona, Caprio, Enos, Cicilline, Felag 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:

YEAS - 46: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Gate, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, McCaffrey, McDonald, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walsh, Walton.

NAYS -O.

2. (99-S881) An Act relating to public utilities and carriers- Public Utilities Commission.

Committee on Corporations recommends passage.

Upon suggestion of Senate Majority Leader Irons, and without objection, ordered to be placed on the Calendar for Wednesday, May 16, 2001.

3. (99-S885) An Act relating to energy conservation.

Committee on Corporations recommends passage.

Upon suggestion of Senate Majority Leader Irons, and without objection, ordered to be placed on the Calendar for Wednesday, May 16, 2001.

4. (99-S859) An Act relating to state affairs and government- state emblems.

Committee on Special Legislation recommends passage.

Senator Sosnowski moves passage, seconded by Senators Goodwin, Perry and Garabedian.

The act is read and passed, by unanimous consent, upon a roll call vote with 48 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS 48: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Gate, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, Graziano, Hunter, Igliozzi, Irons, [sea, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walsh, Walton.

NAYS -O.

ANNOUNCEMENT

Senator Damiani announces that the Committee on Corporations will meet on Thursday, May 10, 2001, at the rise of the Senate in Room 212 of the State House.

TRANSMITTAL

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

Appendix

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

INVOCATION
SENATOR STEPHEN D. ALVES

Eternal Father, give us Your wisdom and grace to make this state a better place far your children. Guide all of us in this chamber and all others you have placed in a position of trust to uphold what is right and seek what is true. Amen.

Appendix

CALENDAR

In order for Thursday, May 10, 2001:

1. (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".

2. (99-S207 as amended) An Act relating to education - teachers' retirement.

Committee on Finance recommends passage as amended.

3. (99-S184) (Substitute ''A'') An Act relating to criminal offenses.

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

4. (99-S247) (Substitute "A") An Act relating to courts and civil procedure - wrongful death.

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

5. (99-S323 as amended) An Act relating to the adoption of children.

Committee on Judiciary recommends passage as amended.

6. (99-S582) (Substitute "A" as amended) An Act relating to elections.

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

7. (99-S854) (Substitute "A") An Act relating to criminal procedure - domestic violence.

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

8. (01-H5607) An Act relating to courts and civil procedure causes of action.

Committee on Judiciary recommends passage in concurrence.

9. (01-H6008) An Act relating to state affairs and government- corrections department.

Committee on Judiciary recommends passage in concurrence.

10. (01-H6099) (Substitute "A") An Act relating to the General Assembly - establishing a permanent joint committee.

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

Appendix

CALENDAR

In order for Wednesday, May 16, 2001:

1. (01-S 881) An Act relating to public utilities and carriers- Public Utilities Commission.

Committee on Corporations recommends passage.

2. (99-S885) An Act relating to energy conservation.

Committee on Corporations recommends passage.

RAYMOND T. HOYAS, JR.
Secretary of the Senate

Wednesday, May 9, 2001

As always, your comments concerning this page are welcomed and appreciated.

Thank you for stopping by!