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 first day of January in the year of Our Lord two thousand and two.
Volume 129, No. 10 Thursday, January 24, 2002 Tenth 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 48 Senators present and 2 Senators absent as follows:

PRESENT - 48: Senators Algiere, Alves, Badeau, Bates, 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, Sheehan, Sosnowski, Tassoni, Walaska, Walsh, Walton.

ABSENT - 2: Senators Blais, Ruggerio.

INVOCATION


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

(See Appendix for Invocation)


PLEDGE OF ALLEGIANCE TO THE FLAG


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

APPROVAL OF RECORD


The Senate Journals of Tuesday, January 22, 2002 and Wednesday, January 23, 2002 proceedings are read in part.

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

GUESTS


Upon suggestion of

Senate Majority Leader Irons, and by unanimous consent,

His Honor, the Lieutenant Governor, welcomes to the Chamber Mr. and Mrs. John T. Walsh, brother and sister-in-law of Jane Walsh Hayward, the designee for Director of the Department of Human Services.

COMMUNICATION


His Honor, the Lieutenant Governor, presents the following communication:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

SENATE CHAMBER


January 24, 2002

His Honor, Charles J. Fogarty
Lieutenant Governor
116 State House
Providence, RI 02903

Dear Lt. Governor Fogarty:



Please be advised that I will be attending a pharmacy continuing education conference in Texas and, thus, will be absent from the Senate session on Thursday, January 24, 2002.



I would appreciate your recording my letter in the appropriate Senate Journal, and thank you for your assistance.

Sincerely,

LEO R. BLAIS
Assistant Minority Leader

Received and ordered to be placed on file.

(01-S 415) An Act relating to businesses and professions - athlete agents.

TRANSFER OF BILL


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 Joint Committee on Small Business:

(02-S 2031) An Act relating to distribution of credit cards.

Read and referred to the Joint Committee on Small Business.

FROM THE

HOUSE OF REPRESENTATIVES


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

(02-H 6934) An Act to vacate the forfeiture or revocation of the charter of Kent House, Inc.

Read and ordered to be placed on the Consent Calendar.

Also:

(02-H 6935) An Act relating to solemnization of marriages.

Read and referred to the Committee on Judiciary.


NEW BUSINESS


Senators Kells, Cote, Issa, Fogarty and Walaska present (02-S 2216) An Act relating to registration of vehicles.

Read and referred to the Committee on Special Legislation.

Senators Graziano, Polisena, Cote, Hunter, Sheehan and others present (02-S 2217) An Act relating to victims' rights - domestic violence.

Read and referred to the Committee on Judiciary.

Senators Graziano, Polisena, Cote, Montalbano, Igliozzi and others present (02-S 2218) An Act relating to elderly affairs.

Read and referred to the Committee on Judiciary.

Senators Graziano, Polisena and Igliozzi present (02-S 2219) An Act relating to property.

Read and referred to the Committee on Judiciary.

Senators Graziano, Polisena, Montalbano, Igliozzi, Sheehan and others present (02-S 2220) An Act relating to elections.

Read and referred to the Committee on Judiciary.

Senators McDonald, Graziano and Igliozzi present (02-S 2221) An Act relating to personal income taxation.

Read and referred to the Committee on Finance.

Senators Graziano and Polisena present (02-S 2222) An Act relating to taxation - sales and use taxes - liability and computation.

Read and referred to the Committee on Finance.

Senators Graziano, Polisena, Montalbano, Paiva Weed, Parella and others present (02-S 2223) Senate Resolution proclaiming April 3, 2002, as ``Rhode Island Pay Equity Day''.

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

Senators Graziano, Polisena and Igliozzi present (02-S 2224) An Act relating to health and safety - health care facilities staffing.

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

Senators Graziano, Polisena, Cote, Celona, Igliozzi and others present (02-S 2225) Senate Resolution recognizing May 6-12th as ``National Nurses Week.''

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

Senators Graziano, Polisena, Alves, Cote, Celona and others present (02-S 2226) An Act relating to health and safety - Women's Right to Know Act.

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

Senators Sosnowski, Felag, Breene, Fogarty, Blais and others present (02-S 2227) An Act relating to taxation - property subject to taxation.

Read and referred to the Committee on Corporations.

Senators Sosnowski, Breene, Walsh, Bates and Fogarty present (02-S 2228) An Act relating to health and safety.

Read and referred to the Committee on Finance.

Senators Graziano, Polisena and Igliozzi present (02-S 2229) An Act relating to businesses and professions - physician employment contracts.

Read and referred to the Committee on Corporations.

Senator Lenihan presents (02-S 2230) Joint Resolution stating findings of the Rhode Island General Assembly; rescinding, repealing, canceling, voiding and superceding any and all extant applications by the General Assembly of the State of Rhode Island heretofore made during any session thereof to the Congress of the United States of America to call a convention pursuant to the terms of Article V of the United States Constitution for proposing one or more amendments to that Constitution; urging the General Assemblies and legislatures of other states to do the same; directing that copies of this resolution be sent to specified person.

Read and referred to the Committee on Judiciary.

Senators Walaska, Fogarty, McCaffrey, Cote, Donelan and others present (02-S 2231) An Act relating to textbooks.

Read and referred to the Committee on Finance.

Senators Graziano, Polisena, Gallo, Hunter, Walaska and others present (02-S 2232) Joint Resolution making an appropriation of $5,000,000 for the Department of Administration.

Read and referred to the Committee on Finance.

Senators Graziano, Polisena and Igliozzi present (02-S 2233) An Act relating to animals and husbandry.

Read and referred to the Committee on Special Legislation.

Senators Graziano, Polisena, Igliozzi, McDonald and Montalbano present (02-S 2234) An Act relating to registration of vehicles.

Read and referred to the Committee on Special Legislation.

Senator Roney presents (02-S 2235) An Act relating to powers of fiduciaries.

Read and referred to the Committee on Judiciary.

Senator Roney presents (02-S 2236) An Act relating to courts and civil procedure.

Read and referred to the Committee on Judiciary.

Senators Walsh and Roney present (02-S 2237) An Act relating to civil forfeiture.

Read and referred to the Committee on Judiciary.

Senators Cote, Lenihan, Raptakis, Garabedian and Breene present (02-S 2238) Joint Resolution to approve and publish and submit to the electors a proposition of amendment to the Constitution of the State (executive power).

Read and referred to the Committee on Special Legislation.

Senator Roney presents (02-S 2239) An Act relating to domestic relations - adoption of children.

Read and referred to the Committee on Judiciary.

Senators Cote, McBurney, Graziano, Walaska, McCaffrey and others present (02-S 2240) An Act relating to taxation.

Read and referred to the Committee on Finance.

Senator Roney presents (02-S 2241) An Act relating to duties of utilities and carriers.

Read and referred to the Committee on Corporations.

Senator Roney presents (02-S 2242) An Act relating to probate practice - guardians.

Read and referred to the Committee on Judiciary.

Senator Roney presents (02-S 2243) An Act relating to probate practice and procedure.

Read and referred to the Committee on Judiciary.

Senators Roney and McBurney present (02-S 2244) An Act relating to probate practice.

Read and referred to the Committee on Judiciary.

Senator Roney presents (02-S 2245) An Act authorizing suit against the city of Warwick by Phyllis Marciano and making an appropriation to satisfy any judgment entered.

Read and referred to the Joint Committee on Accounts and Claims.

Senator Roney presents (02-S 2246) An Act relating to public utilities and carriers - regulatory powers of administration.

Read and referred to the Committee on Corporations.

Senator Roney presents (02-S 2247) An Act relating to health and safety - abortion - insurance.

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

Senators Walaska, McCaffrey, Kells, Graziano, Alves and others present (02-S 2248) An Act relating to abortion.

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

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 measure on today's Consent Calendar, by unanimous consent, is read and passed upon a voice vote:

1. (02-S2183) An Act to vacate the forfeiture or revocation of the charter of Kent House, Inc.

ANNOUNCEMENT


Senator Polisena announces that the Committee on Judiciary will meet today at the rise of the Senate in Room 313 of the State House.

BIRTHDAY WISHES




Senator Coderre extends best wishes to Senators Damiani, Sheehan and Walsh on the special occasion of their birthdays this weekend.

CONGRATULATIONS


Senator Alves congratulates Senator Graziano on receiving the Respect Life Leadership Award from Bishop Robert E. Mulvee.

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 Coderre, seconded by Senator Algiere, the Senate adjourns at 4:10 o'clock P.M.

RAYMOND T. HOYAS, JR.
Secretary of the Senate

Appendix



INVOCATION


SENATOR JAMES M. DONELAN


Almighty Father, we ask that you direct us now in the work of this day as we fulfill our many vocations. Supplement our limited wisdom by divine wisdom. Amen.

Appendix



CONSENT CALENDAR




In order for Tuesday, January 29, 2002:

1. (02-H6934) An Act to vacate the forfeiture or revocation of the charter of Kent House, Inc.

Ordered on the Consent Calendar.

RAYMOND T. HOYAS, JR.
Secretary of the Senate
Thursday, January 24, 2002



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