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. 11
Tuesday, January 29, 2002
Eleventh 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 47 Senators present and 3 Senators absent as follows:
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Polisena, to deliver the invocation.
(See Appendix for Invocation)
PLEDGE OF ALLEGIANCE TO THE FLAG
His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Polisena, to lead the Senate in the pledge of allegiance to the flag.
APPROVAL OF RECORD
The Senate Journal of Thursday, January 24, 2002 proceedings is read in part.
Upon suggestion of Senator Polisena, and by unanimous consent, further reading of the Journal is dispensed with and the Journal approved as recorded.
GUESTS
Upon suggestion of Senator Walsh, and by unanimous consent,
His Honor, the Lieutenant Governor, welcomes to the Chamber Ann Maynard, Chair of Kay Coalition.
Upon suggestion of Senator Kelly, and by unanimous consent,
His Honor, the Lieutenant Governor, announces to the Chamber that Christian J. Boudreau of Troop #28 Primrose, attained the rank of Eagle Scout on December 9, 2001 and that Christopher P. DeGrave of Troop #1139 Slatersville, attained the rank of Eagle Scout on January 13, 2002. The entire Senate joins in congratulating both young men on their outstanding achievement.
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
January 28, 2002
To the Honorable, the Senate:
I have the honor to inform you that in accordance with the provisions of Article 10, Section 4 of the Rhode Island Constitution entitled Judicial Selection, I have made the following appointment as Associate Judge of the Rhode Island District Court:
Jeanne E. Lafazia of Little Compton
VICE
Associate Judge John J. Cappelli
To this appointment, I request your advice and consent.
Sincerely,
LINCOLN ALMOND
Governor
Read and referred to the Committee on Judiciary.
COMMUNICATION
His Honor, the Lieutenant Governor, presents the following communication:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER
January 29, 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 absent from the Senate session on Tuesday, January 29, 2002, due to a long-standing medical appointment. I will, however, be attending my committee meeting at the rise. I would appreciate your recording this letter in the appropriate Senate Journal.
Thank you for your attention to this matter.
Sincerely,
MARY A. PARELLA
Senator, District 45
Received and ordered to be placed on file.
APPROVED BY THE GOVERNOR
His Honor, the Lieutenant Governor, presents an announcement of the receipt by the Secretary of State of the following measure, signed and approved January 8, 2002, by His Excellency, the Governor:
(02-S 2002) An Act to vacate the forfeiture or revocation of the charter of E.R. Lynch Painting and Maintenance, Inc.
EDWARD S. INMAN, III
Secretary of State
Received and ordered to be placed on file.
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 measures which became effective without the signature of His Excellency, the Governor on January 11, 2002:
(02-S 2004) An Act to vacate the forfeiture or revocation of the charter of Oaklawn Office Park Associates, Inc.
EDWARD S. INMAN, III
Secretary of State
Received and ordered to be placed on file.
FROM THE
HOUSE OF REPRESENTATIVES
A message from the House of Representatives transmits with announcement of passage:
(02-H 6607) An Act relating to the town of Westerly - Municipal Court.
Read and referred to the Committee on Corporations.
Also:
(02-H 6608) An Act relating to taxation - property subject to taxation.
Read and referred to the Committee on Corporations.
Also:
(02-H 6742) An Act relating to towns and cities - city housing authorities.
Read and referred to the Committee on Corporations.
REPORTS OF COMMITTEES
COMMITTEE ON JUDICIARY
Senator Montalbano, from the Committee on Judiciary, reports back, with recommendation that confirmation of the Senate be given to the following appointment:
Appointment of Jane A. Hayward of Narragansett VICE Christine Ferguson (retired) as Director of the Department of Human Services.
Read and ordered to be placed on the Calendar.
NEW BUSINESS
Senators Gallo, Paiva Weed and Revens present (02-S 2249) An Act relating to divorce and separation - domestic violence.
Read and referred to the Committee on Judiciary.
Senators Cicilline, McDonald, Izzo and Walton present (02-S 2250) An Act relating to pharmaceutical assistance to the elderly.
Read and referred to the Committee on Finance.
Senators Cicilline, McDonald, Izzo, Roberts and Walton present (02-S 2251) An Act relating to Human Services - medical assistance.
Read and referred to the Committee on Corporations.
Senator Cicilline presents (02-S 2252) Joint Resolution making an appropriation of $1,000,000 to the Department of Human Services to implement the Emergency Housing Assistance Program.
Read and referred to the Committee on Finance.
Senators Cicilline and Izzo present (02-S 2253) An Act relating to services for the homeless.
Read and referred to the Committee on Finance.
Senators Cicilline and Perry present (02-S 2254) An Act relating to businesses and professions.
Read and referred to the Committee on Corporations.
Senators Cote, Badeau and McDonald present (by request) (02-S 2255) An Act relating to domestic relations - officials empowered to join persons in marriage.
Read and referred to the Committee on Judiciary.
Senators Tassoni, Fogarty, Hunter and Issa present (02-S 2256) An Act relating to courtesy plates on antique motor cars.
Read and referred to the Committee on Special Legislation.
Senator McBurney presents (02-S 2257) An Act relating to alcoholic beverages - retail licenses.
Read and referred to the Committee on Special Legislation.
Senators Montalbano, Irons, Graziano, Bates and Blais present (02-S 2258) An Act relating to redistricting of the General Assembly.
Read and referred to the Committee on Judiciary.
Senator Bates presents (02-S 2259) An Act relating to motor and other vehicles - rental vehicles.
Read and referred to the Committee on Corporations.
Senator Algiere presents (02-S 2260) An Act relating to the Shelter Harbor Fire District.
Read and referred to the Committee on Corporations.
Senators Paiva Weed, Graziano, Gallo, Perry and Goodwin present (02-S 2261) An Act relating to whistleblowers' protection.
Read and referred to the Committee on Judiciary.
Senators Issa, Hunter, Kells, Montalbano, Raptakis and others present (02-S 2262) An Act relating to military affairs and defense - extension of veterans' benefits.
Read and referred to the Joint Committee on Veterans' Affairs.
Senator Enos presents (by request) (02-S 2263) An Act relating to employment.
Read and referred to the Committee on Labor.
Senator Hunter presents (by request) (02-S 2264) An Act relating to health and safety - fire safety code board of appeal and review.
Read and referred to the Committee on Finance.
Senators Fogarty, Badeau, Tassoni, Walaska and Gallo present (02-S 2265) An Act relating to electricians.
Read and referred to the Committee on Judiciary.
Senators Celona, Montalbano, Fogarty, Alves, Caprio and others present (02-S 2266) Senate Resolution congratulating the New England Patriots for their victory in the AFC Championship game over the Pittsburgh Steelers and advancing to the Super Bowl.
Senator Montalbano requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Montalbano, seconded by the entire Senate, and by unanimous consent, read and passed, upon a roll call vote with 44 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
Senate Majority Leader Irons requests that the Journal reflect that the New England Patriots' number one fan, Senator John Celona, is out of state, but that had he been here, the Senate Journal would have had Senator Celona recorded as voting in the affirmative in the unanimous vote congratulating the Patriots. The entire Senate joins in wishing the Patriots much success on Super Bowl Sunday.
Senators Badeau and Breene present (by request of the Department of Labor and Training) (02-S 2267) An Act relating to employment security - appeals.
Read and referred to the Committee on Labor.
Senators Roney, Paiva Weed, Sosnowski, Roberts and Gibbs present (02-S 2268) An Act relating to uniform premarital agreement act.
Read and referred to the Committee on Judiciary.
Senator Roney presents (02-S 2269) An Act relating to criminal procedure - domestic violence prevention act.
Read and referred to the Committee on Judiciary.
Senator Roney presents (02-S 2270) An Act relating to fiduciaries.
Read and referred to the Committee on Judiciary.
Senators Polisena, Graziano and Damiani present (02-S 2271) An Act relating to weapons.
Read and referred to the Committee on Judiciary.
Senators Donelan, Montalbano and McCaffrey present (02-S 2272) An Act relating to insurance.
Read and referred to the Committee on Judiciary.
Senators Lenihan and Sheehan present (02-S 2273) An Act creating the Quonset Point/Davisville Management Corporation.
Read and referred to the Committee on Corporations.
Senators Walsh, Sosnowski and Paiva Weed present (02-S 2274) Senate Resolution comprising a smart growth vision statement for the State of Rhode Island and Providence Plantations.
Read and referred to the Committee on Corporations.
Senators Polisena, Graziano and Damiani present (by request of the Lieutenant Governor) (02-S 2275) An Act relating to health and safety - the nursing education loan repayment program.
Read and referred to the Committee on Finance.
Senators Polisena, Graziano and Damiani present (02-S 2276) An Act relating to health and safety.
Read and referred to the Committee on Finance.
Senators Polisena, Graziano and Damiani present (02-S 2277) An Act relating to health and safety - public access defibrillation.
Read and referred to the Committee on Finance.
Senators Polisena, Graziano and Damiani present (02-S 2278) An Act relating to the Department of Corrections.
Read and referred to the Committee on Finance.
Senators Perry, Walton, Walsh and Gibbs present (02-S 2279) An Act relating to state affairs and government - Rhode Island Housing and Conservation Trust Fund.
Read and referred to the Committee on Finance.
Senators Polisena, Graziano and Damiani present (02-S 2280) An Act relating to corrections department.
Read and referred to the Committee on Labor.
Senators Polisena, Graziano and Damiani present (02-S 2281) An Act relating to labor and labor relations - correctional officers arbitrators.
Read and referred to the Committee on Labor.
Senators Polisena, Graziano and Damiani present (02-S 2282) An Act relating to state affairs and government - corrections department.
Read and referred to the Committee on Labor.
Senator Blais presents (by request of the Department of Environmental Management) (02-S 2283) An Act relating to cities and towns - zoning.
Read and referred to the Committee on Corporations.
Senator Blais presents (by request of the Governor and the Department of Economic Development) (02-S 2284) An Act relating to share based fees.
Read and referred to the Committee on Corporations.
Senators Igliozzi, McDonald, Tassoni, Graziano and Felag present (02-S 2285) An Act relating to insurance - authorizing health care providers to negotiate with health care insurers and providing for the powers and duties of the Attorney General.
Read and referred to the Committee on Corporations.
Senators Roney and Roberts present (02-S 2286) An Act relating to the uniform commercial code.
Read and referred to the Committee on Corporations.
Senators Polisena, Graziano and Damiani present (by request of the Lieutenant Governor) (02-S 2287) An Act relating to health and safety - the nursing education scholarship program.
Read and referred to the Committee on Health, Education and Welfare.
Senators Lenihan, Cote, Raptakis, Parella, Enos and others present (02-S 2288) Joint Resolution to approve and publish and submit to the electors a proposition of amendment to the Constitution of the State (separation of powers).
Read and referred to the Committee on Special Legislation.
Senators Blais and Breene present (by request of the Department of Environmental Management) (02-S 2289) An Act relating to the Department of Environmental Management.
Read and referred to the Joint Committee on Environment and Energy.
Senators Igliozzi, McDonald, Tassoni, Graziano and Felag present (02-S 2290) An Act relating to businesses and professions - board of medical licensure and discipline.
Read and referred to the Committee on Corporations.
Senators Alves, McCaffrey, Walaska, Sheehan, Fogarty and others present (02-S 2291) An Act relating to motor and other vehicles.
Read and referred to the Committee on Finance.
Senators Alves, McCaffrey, Walaska, Donelan, Goodwin and others present (02-S 2292) An Act relating to medical assistance - rates of payment to nursing facilities.
Read and referred to the Committee on Finance.
Senators Graziano and Polisena present (02-S 2293) An Act relating to courts and civil procedure - evidence.
Read and referred to the Committee on Judiciary.
Senators Raptakis, Graziano, Cote, Montalbano, Polisena and others present (02-S 2294) An Act relating to criminal offenses - children.
Read and referred to the Committee on Judiciary.
Senators Igliozzi, Tassoni, Graziano, McDonald and Felag present (02-S 2295) An Act relating to administrative procedures - court orders.
Read and referred to the Committee on Judiciary.
Senators Graziano and Cote present (02-S 2296) An Act relating to state affairs and government - establishing an office of Inspector General.
Read and referred to the Committee on Judiciary.
Senators Breene and Lenihan present (02-S 2297) An Act relating to veterans' tax exemption - Exeter.
Read and referred to the Committee on Corporations.
Senators Graziano, McDonald, Tassoni and Felag present (02-S 2298) An Act relating to cities and towns - regulation of accupressure.
Read and referred to the Committee on Corporations.
Senators Alves, McCaffrey, Paiva Weed, Donelan, Walaska and others present (02-S 2299) An Act relating to education - the Rhode Island Student Investment Initiative.
Read and referred to the Committee on Corporations.
Senators Alves, McCaffrey, Walaska, Sheehan, Donelan and others present (02-S 2300) An Act relating to education.
Read and referred to the Committee on Corporations.
Senators Graziano, McDonald, Polisena, Raptakis, Cote and others present (02-S 2301) An Act prohibiting the use of public funds for abortions.
Read and referred to the Committee on Finance.
Senators Graziano, McDonald and Polisena present (02-S 2302) An Act relating to health and safety - needlestick safety and injury prevention act.
Read and referred to the Committee on Health, Education and Welfare.
Senators Blais and Gibbs present (by request of the Department of Human Services) (02-S 2303) An Act relating to Human Services.
Read and referred to the Committee on Health, Education and Welfare.
Senators Blais, Gibbs and Breene (by request of the Governor) present (02-S 2304) An Act relating to health and safety - quarantine generally.
Read and referred to the Committee on Health, Education and Welfare.
Senator Walsh presents (02-S 2305) An Act relating to hunting and fishing safety.
Read and referred to the Committee on Special Legislation.
Senators Raptakis, Cote, Lenihan and Walsh present (02-S 2306) Joint Resolution to approve and publish and submit to the electors a proposition of amendment to the Constitution of the State - special elections to fill vacancy in office of the Secretary of State, Attorney General or General Treasurer.
Read and referred to the Committee on Special Legislation.
Senators Blais, Breene and Algiere present (by request of the Department of Environmental Management) (02-S 2307) An Act relating to health and safety - toxic packaging reduction act.
Read and referred to the Joint Committee on Environment and Energy.
Senators Blais, Breene and Gibbs present (by request of the Department of Environmental Management) (02-S 2308) An Act relating to state affairs and government.
Read and referred to the Committee on Finance.
Senator Blais presents (by request of the Governor) (02-S 2309) An Act relating to criminal offenses - trespass and vandalism.
Read and referred to the Committee on Judiciary.
Senator Blais presents (by request of the Department of Economic Development) (02-S 2310) An Act relating to property subject to taxation - exclusion for qualifying options.
Read and referred to the Committee on Finance.
Senators Coderre, Connors, Gallo, Perry, Roney and others present (02-S 2311) An Act relating to state affairs and government - health care.
Read and referred to the Committee on Health, Education and Welfare.
Senators Sosnowski, Roney, Roberts and Izzo present (02-S 2312) An Act relating to property - residential landlord and tenant act.
Read and referred to the Committee on Judiciary.
Senators McCaffrey, Walaska and Polisena present (02-S 2313) An Act relating to public property and works - contractors' bonds.
Read and referred to the Committee on Labor.
Senators McCaffrey, Walaska, Donelan, Revens, Roberts and others present (02-S 2314) An Act relating to taxation - state property taxed to lessee or tenant.
Read and referred to the Committee on Finance.
Senators McCaffrey, Walaska, Polisena and Sheehan present (02-S 2315) An Act relating to taxation - tax sales.
Read and referred to the Committee on Judiciary.
Senator Blais presents (by request of the Governor) (02-S 2316) An Act relating to motor and other vehicles - registration of motor vehicles.
Read and referred to the Joint Committee on Highway Safety.
Senator Blais presents (by request of the Governor) (02-S 2317) An Act relating to criminal offenses - riotous assembly.
Read and referred to the Committee on Judiciary.
Senator Blais presents (by request of the Governor) (02-S 2318) An Act relating to criminal offenses - trespass and vandalism.
Read and referred to the Committee on Judiciary.
Senators Paiva Weed, Felag, Walsh and Sosnowski present (by request of the Lieutenant Governor) (02-S 2319) An Act relating to waters and navigation - coastal and estuary habitat restoration program and trust fund.
Read and referred to the Committee on Judiciary.
Senators Walaska, Alves, Sheehan, Donelan and McCaffrey present (02-S 2320) An Act relating to tourism and development.
Read and referred to the Committee on Finance.
Senator Blais presents (by request of the Department of Labor and Training) (02-S 2321) An Act relating to employment security - general provisions.
Read and referred to the Committee on Labor.
Senators Walaska, McCaffrey, Alves and Fogarty present (02-S 2322) An Act relating to transfers of supplies, inventory, merchandise or other materials.
Read and referred to the Committee on Corporations.
Senator Blais presents (by request of the Governor) (02-S 2323) An Act relating to weapons of mass destruction.
Read and referred to the Committee on Judiciary.
Senator Blais presents (by request of the Governor) (02-S 2324) An Act relating to public records - access to public records.
Read and referred to the Committee on Judiciary.
Senators Raptakis and Garabedian present (02-S 2325) An Act relating to state affairs and government - tourism and development.
Read and referred to the Committee on Corporations.
Senators Paiva Weed, Roberts, Izzo, Goodwin and Gibbs present (02-S 2326) An Act relating to human services - health care for families.
Read and referred to the Committee on Finance.
Senators Raptakis, Coderre, Cote, Badeau and Lenihan present (02-S 2327) An Act relating to motor vehicles - emissions inspection program.
Read and referred to the Committee on Finance.
Senators Blais and Breene present (by request of the Department of Environmental Management) (02-S 2328) An Act relating to state affairs and government.
Read and referred to the Committee on Judiciary.
Senator Blais presents (by request of the Governor) (02-S 2329) An Act relating to state affairs and government.
Read and referred to the Committee on Special Legislation.
Senators Blais and Breene present (by request of the Department of Environmental Management) (02-S 2330) An Act relating to state affairs and government - Department of Environmental Management.
Read and referred to the Joint Committee on Environment and Energy.
Senator Breene presents (02-S 2331) An Act relating to compensation for World War II forced labor.
Read and referred to the Joint Committee on Veterans' Affairs.
Senator Blais presents (by request of the Governor) (02-S 2332) An Act relating to waters and navigation - water resources board.
Read and referred to the Joint Committee on Water Resources.
Senator Bates presents (by request of the Department of Administration) (02-S 2333) An Act relating to taxation - state tax officials.
Read and referred to the Committee on Finance.
Senators Perry, Paiva Weed, Cicilline, Walton and Connors present (02-S 2334) An Act relating to fair employment practices.
Read and referred to the Committee on Labor.
Senators Perry, Walton, Sosnowski, Walsh, Roney and others present (02-S 2335) An Act relating to health and safety - reproductive health care.
Read and referred to the Committee on Health, Education and Welfare.
Senators Perry, Kells and Gibbs present (02-S 2336) An Act relating to cruelty to animals.
Read and referred to the Committee on Special Legislation.
Senators Perry, Walton, Sosnowski, Walsh, Roney and others present (02-S 2337) An Act relating to access to health care facilities.
Read and referred to the Committee on Judiciary.
Senators Izzo, Irons, Raptakis, Caprio, Garabedian and others present (02-S 2338) An Act relating to management and disposal of property.
Read and referred to the Committee on Finance.
Senator Breene presents (by request of the Department of Administration) (02-S 2339) An Act relating to town and cities - industrial facilities corporation - exemption from taxation.
Read and referred to the Committee on Finance.
Senators Algiere and Gibbs present (by request of the Department of Human Services) (02-S 2340) An Act relating to health and safety.
Read and referred to the Committee on Finance.
Senator Gallo presents (02-S 2341) An Act relating to towns and cities - state aid.
Read and referred to the Committee on Finance.
Senator Bates presents (by request of the Department of Administration) (02-S 2342) An Act relating to towns and cities - zoning ordinances.
Read and referred to the Committee on Corporations.
Senator Algiere presents (by request of the Department of Administration) (02-S 2343) An Act relating to cities and towns.
Read and referred to the Committee on Corporations.
Senator McBurney presents (02-S 2344) An Act relating to health and safety.
Read and referred to the Committee on Health, Education and Welfare.
Senators Izzo, Caprio, Revens and Coderre present (02-S 2345) An Act relating to public officers and employees - code of ethics.
Read and referred to the Committee on Judiciary.
Senators Izzo, Coderre and Alves present (02-S 2346) An Act relating to motor and other vehicles.
Read and referred to the Committee on Finance.
Senators Coderre, Goodwin, Sosnowski and Damiani present (02-S 2347) An Act relating to education - teachers' retirement.
Read and referred to the Committee on Finance.
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, in concurrence, upon a voice vote:
1. (02-H6934) An Act to vacate the forfeiture or revocation of the charter of Kent House, Inc.
ANNOUNCEMENTS
Senator Felag announces that the Committee on Finance will meet on Wednesday, January 30, 2002, at the rise of the Senate in Room 211 of the State House.
Also:
Senator Polisena announces that the Committee on Judiciary will meet today at the rise of the Senate in Room 313 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 Senator Coderre, seconded by Senator Algiere, the Senate adjourns at 4:18 o'clock P.M.
RAYMOND T. HOYAS, JR.
Secretary of the Senate
Appendix
INVOCATION
SENATOR JOSEPH M. POLISENA
Open our minds, Lord, to the wisdom in others. Help us to work in a unified effort towards harmony and peace for all the people of our State. Amen.
Appendix
CALENDAR
In order for Thursday, January 31, 2002:
1. Appointment of Jane A. Hayward of Narragansett VICE Christine Ferguson (retired) as Director of the Department of Human Services.
Committee on Judiciary recommends that the Senate give its Advice and Consent to this appointment.
RAYMOND T. HOYAS, JR.
Secretary of the Senate
Tuesday, January 29, 2002
As always, your comments concerning this page are welcomed and appreciated.
