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.
Volume129, No. 15 Wednesday, February 6, 2002 Fifteenth Day


The Senate meets pursuant to adjournment and is called to order by the Honorable President Pro Tempore, John C. Revens, at 6:05 o'clock P.M.

The roll is called and a quorum is declared present with 46 Senators present and 4 Senators absent as follows:

PRESENT - 46: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kells, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Paiva Weed, Parella, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walsh, Walton.

ABSENT - 4: Senators Coderre, Garabedian, Kelly, Polisena.

INVOCATION
The Honorable President Pro Tempore, by unanimous consent, presents Senator Breene, to deliver the invocation.

(See Appendix for Invocation)


PLEDGE OF ALLEGIANCE TO THE FLAG
The Honorable President Pro Tempore, by unanimous consent, presents Senator Breene, to lead the Senate in the pledge of allegiance to the flag.

APPROVAL OF RECORD


The Senate Journal of Tuesday, February 5, 2002 proceedings is read in part.

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

GUESTS


Upon suggestion of Senator Sosnowski, and by unanimous consent, the Honorable President Pro Tempore, welcomes to the Chamber First Warden of New Shoreham, Marth Ball.

Upon suggestion ofSenate Majority Leader Irons, and by unanimous consent, the Honorable President Pro Tempore, welcomes to the Chamber Kelly and Andrew Enos, children of Senator William Enos.

Upon suggestion of Senator Gibbs, and by unanimous consent, the Honorable President Pro Tempore, welcomes to the Chamber Thomas M. Toohey, Senator Gibbs' intern, a sophomore at Salve Regina University.

COMMUNICATIONS


The Honorable President Pro Tempore, presents the following communications:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

SENATE CHAMBER


February 6, 2002

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





HAND DELIVERED

Dear Governor Fogarty:

Please be advised that I will be absent from the Senate session on Wednesday, February 6, 2002.

Please make the appropriate notation in the Senate Journal. Thank you for your cooperation.

Sincerely,

PAUL S. KELLY
Senator, District 30

Received and ordered to be placed on file.

Also:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
OFFICE OF THE LIEUTENANT GOVERNOR



January 29, 2002

The Honorable John C. Revens, Jr.
Senate President Pro Tempore
317 State House
Providence, Rhode Island 02903

VIA Hand Delivery

Dear Senator Revens:

This is to inform you that I will be unable to attend the Senate Session Wednesday, February 6, 2002 and Thursday, February 7, 2002. I will be out of state attending the National Conference of Lieutenant Governors.

I request that this letter be printed in the Journal of the Senate.

Sincerely,

CHARLES J. FOGARTY
Lieutenant Governor


Received and ordered to be placed on file.

Also:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

SENATE CHAMBER


February 4, 2002

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



Dear Lt. Governor Fogarty:

Please be informed that I will not be in attendance for the following session days, Wednesday, February 13 and Thursday, February 14, as I will be out of state on business.

I would greatly appreciate your placing this on record.

Thank you for your cooperation in this matter.

Sincerely,

DAVID V. IGLIOZZI
Senator, District 7

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:

(02-S 2124) An Act validating and ratifying amendments to the home rule charter of the town of Warren.

Read and ordered to be placed on the Calendar.

(02-S 2133) An Act validating and ratifying amendments to the home rule charter of the town of West Greenwich.

Read and ordered to be placed on the Calendar.

(02-S 2260) An Act relating to the Shelter Harbor Fire District.

Read and ordered to be placed on the Calendar.

(02-S 2473) An Act authorizing the town of Lincoln to issue general obligation bonds and notes in an amount not to exceed $35,000,000 for the acquisition of land for a new middle school and school facilities, the construction of a new middle school and additions to existing schools, and the renovation, rehabilitation, repair, improvements, furnishing and equipping of schools and school facilities, and the school administration building in the town.

Read and ordered to be placed on the Calendar.

(02-H 6656) An Act authorizing the town of Smithfield to issue not exceeding $8,600,000 general obligation bonds or notes for various capital projects.

Read and ordered to be placed on the Calendar.

COMMITTEE ON JUDICIARY


Senator Montalbano, from the Committee on Judiciary, reports back, with recommendation of passage of the following measures:

(02-S 2058) An Act relating to towns and cities - municipal court in the town of Westerly.

Read and ordered to be placed on the Calendar.

(02-S 2069) An Act relating to towns and cities - Westerly Municipal Court.

Read and ordered to be placed on the Calendar.

(02-S 2212) An Act relating to public officers and employees - code of ethics.

Read and ordered to be placed on the Calendar.

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

Read and ordered to be placed on the Calendar.

(02-S 2268) An Act relating to uniform premarital agreement act.

Read and ordered to be placed on the Calendar.

(02-S 2354) An Act relating to solemnization of marriages.

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:

(02-H 7192) An Act relating to towns and cities - general powers.

Read and referred to the Committee on Corporations.


NEW BUSINESS


Senators Ruggerio, Celona, Gallo, McCaffrey, DaPonte and others present (02-S 2560) An Act relating to elections - expenditures reporting.

Read and referred to the Committee on Judiciary.

Senators Ruggerio, Igliozzi, Damiani, DaPonte, Tassoni and others present (02-S 2561) An Act relating to businesses and professions - the healing art of acupuncture.

Read and referred to the Committee on Corporations.

Senators Ruggerio, Igliozzi, Damiani, Tassoni, Felag and others present (02-S 2562) An Act relating to insurance.

Read and referred to the Committee on Corporations.

Senators Ruggerio, Celona, DaPonte, Damiani, Igliozzi and others present (02-S 2563) An Act relating to public officers and employees - merit system.

Read and referred to the Committee on Finance.

Senators Ruggerio, Celona, Montalbano, Damiani, DaPonte and others present (02-S 2564) An Act relating to public officers and employees - service retirement allowances.

Read and referred to the Committee on Finance.

Senators Ruggerio, Celona, Badeau, Montalbano, DaPonte and others present (02-S 2565) An Act relating to taxation.

Read and referred to the Committee on Finance.

Senators Ruggerio, Badeau, Graziano, Revens, Montalbano and others present (02-S 2566) An Act relating to taxation - sales and use taxes - liability and computation.

Read and referred to the Committee on Finance.

Senators Ruggerio, Kells, Goodwin, Walton, Igliozzi and others present (02-S 2567) An Act relating to sales and use taxes - exemptions.

Read and referred to the Committee on Finance.

Senators Graziano, Montalbano and Polisena present (02-S 2568) An Act relating to health care accessibility and quality assurance act.

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

Senator Badeau presents (02-S 2569) An Act relating to health insurance - prompt claims processing.

Read and referred to the Committee on Corporations.

Senators Walaska and Roberts present (02-S 2570) An Act relating to health and safety.

Read and referred to the Committee on Corporations.

Senators Caprio, Walaska and Alves present (02-S 2571) An Act relating to insurance - small employer health.

Read and referred to the Committee on Corporations.

Senators Caprio, Alves and Walaska present (02-S 2572) An Act relating to insurance - accident and sickness insurance policies.

Read and referred to the Committee on Corporations.

Senator Algiere presents (by request of the Governor and by request of the Departments of State Police and Transportation) (02-S 2573) An Act relating to motor and other vehicles - motor vehicle offenses.

Read and referred to the Committee on Judiciary.

Senator Algiere presents (by request of the Department of Economic Development) (02-S 2574) An Act relating to taxation - small business investment.

Read and referred to the Committee on Finance.

Senator Algiere presents (by request of the Department of Economic Development) (02-S 2575) An Act relating to taxation - property exempt from taxation.

Read and referred to the Committee on Finance.

Senator Walaska presents (02-S 2576) An Act relating to health and safety - health care accessibility - assurance.

Read and referred to the Committee on Corporations.

Senators Roberts, Celona and Walaska present (02-S 2577) An Act relating to public utilities and carriers - duties of utilities and carriers.

Read and referred to the Committee on Corporations.

Senators Graziano, Polisena, Roney and Cote present (by request) (02-S 2578) An Act relating to public officers and employees - code of ethics.

Read and referred to the Committee on Judiciary.

Senator Algiere presents (by request of the Department of Economic Development) (02-S 2579) An Act relating to state affairs and government - mill building and economic revitalization act.

Read and referred to the Committee on Finance.

Senator Ruggerio presents (02-S 2580) An Act relating to public utilities and carriers - regulatory powers of administration.

Read and referred to the Committee on Corporations.

Senators Graziano and Polisena present (02-S 2581) An Act relating to health and safety - health care quality program.

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

Senators Graziano and Polisena present (02-S 2582) An Act relating to education - health and safety of pupils.

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

Senators McDonald and Badeau present (02-S 2583) An Act relating to the small employer health insurance availability act.

Read and referred to the Committee on Corporations.

Senators McCaffrey and Ruggerio present (02-S 2584) An Act relating to insurance.

Read and referred to the Committee on Corporations.

Senators Walaska, Celona, Ruggerio, Alves and Tassoni present (02-S 2585) An Act relating to motor vehicles - electric personal assistive mobility device.

Read and referred to the Committee on Corporations.

Senators McDonald and Badeau present (02-S 2586) An Act relating to insurance - small employer health insurance availability act.

Read and referred to the Committee on Corporations.

Senators McCaffrey and Ruggerio present (02-S 2587) An Act relating to motor vehicle insurance.

Read and referred to the Committee on Corporations.

Senator Blais presents (02-S 2588) An Act relating to state affairs - the electronic government services act.

Read and referred to the Committee on Judiciary.

Senator Blais presents (02-S 2589) An Act relating to criminal offenses - assaults.

Read and referred to the Committee on Judiciary.

Senator Alves presents (02-S 2590) An Act relating to insurance - individual health insurance.

Read and referred to the Committee on Corporations.

Senator Walaska presents (02-S 2592) An Act relating to health and safety - health care accessibility assurance.

Read and referred to the Committee on Corporations.

Senator Celona presents (02-S 2593) An Act relating to health and safety - unlicensed health care practices.

Read and referred to the Committee on Corporations.

Senator Blais presents (by request of the Department of Transportation) (02-S 2594) An Act relating to public property and works.

Read and referred to the Committee on Finance.

Senator Celona presents (02-S 2595) Senate Resolution honoring Edward Decristofaro, John Wright, Todd Morvillo and their companies for crafting the ``Angels of Courage''.

Read and referred to the Committee on Special Legislation.

Senators Connors, Gibbs, Roberts and Tassoni present (by request of the Lieutenant Governor) (02-S 2596) An Act relating to health care.

Read and referred to the Committee on Corporations.

Senators Cicilline, Perry, Walton and Izzo present (02-S 2597) An Act relating to health insurance coverage.

Read and referred to the Committee on Corporations.

Senators Fogarty, Roberts, Gibbs and Tassoni present (by request of the Lieutenant Governor) (02-S 2598) An Act relating to health and safety.

Read and referred to the Committee on Corporations.

Senators Walton and Felag present (02-S 2599) An Act relating to businesses and professions - music licensing.

Read and referred to the Committee on Corporations.

Senator Celona presents (02-S 2600) An Act relating to probate practice and procedure - claims against decendents' estates.

Read and referred to the Committee on Judiciary.

Senators Igliozzi, Tassoni, Roney, Graziano, McDonald and others present (02-S 2601) An Act relating to domestic relations - uniform law on paternity.

Read and referred to the Committee on Judiciary.

Senators Breene, Polisena, Cote, Gibbs, Parella and others present (by request of the Secretary of State) (02-S 2602) An Act relating to elections - referenda elections.

Read and referred to the Committee on Judiciary.

Senators Paiva Weed, Donelan, McCaffrey, Roney, Caprio and others present (02-S 2603) An Act relating to courts and civil procedure - court administration.

Read and referred to the Committee on Judiciary.

Senators Walton, Cicilline, Felag and Perry present (02-S 2604) An Act restoring voting rights of convicted felons who are on probation.

Read and referred to the Committee on Judiciary.

Senator Sheehan presents (02-S 2605) Joint Resolution to approve and publish and submit to the electors a proposition of amendment to the Constitution of the State (redistricting vote).

Read and referred to the Committee on Special Legislation.

Senators Bates and Issa present (02-S 2606) An Act relating to indebtedness of towns and cities.

Read and referred to the Committee on Finance.

Senator McCaffrey presents (02-S 2607) An Act relating to taxation - excise on motor vehicles and trailers.

Read and referred to the Committee on Finance.

Senators Tassoni, Hunter, Fogarty and Igliozzi present (02-S 2608) An Act relating to health and safety - to prevent mercury emissions from recycling and disposal of motor vehicles.

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

Senator Blais presents (by request of the Department of Administration) (02-S 2609) An Act relating to state affairs and government.

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

Senators Bates, Blais, Gibbs, Parella and Roberts present (02-S 2610) An Act relating to human services - children's health care - hospice care.

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

Senators Gibbs, Roberts and Tassoni present (by request of the Lieutenant Governor) (02-S 2611) An Act relating to the Department of Health - food establishments.

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

Senators Ruggerio, Alves and Celona present (02-S 2612) An Act relating to businesses and professions.

Read and referred to the Committee on Finance.

Senators Perry and Parella present (02-S 2613) An Act relating to greyhound racing - establishing the neighborhood community trust fund.

Read and referred to the Committee on Finance.

Senators Caprio, Celona and Montalbano present (02-S 2614) Senate Resolution creating a special Senate commission to study cemetery business practices operations and procedures.

Read and referred to the Committee on Special Legislation.

Senators Paiva Weed, Walton, Roberts, Roney and Caprio present (02-S 2615) An Act relating to dogs - prohibition on breeding pit bulls.

Read and referred to the Committee on Special Legislation.

Senators Igliozzi, Tassoni, Roney, Graziano, Badeau and others present (02-S 2616) An Act relating to public utilities and carriers - safe termination of services.

Read and referred to the Committee on Corporations.

Senator McCaffrey presents (02-S 2617) An Act relating to businesses and professions - insurance - unfair claims settlement practices act.

Read and referred to the Committee on Corporations.

Senator Sheehan presents (02-S 2618) An Act relating to an independent reapportionment commission.

Read and referred to the Committee on Judiciary.

Senators Cicilline, Felag, Paiva Weed, Goodwin and Perry present (02-S 2619) An Act relating to criminal procedure - indictments, informations and complaints.

Read and referred to the Committee on Judiciary.

Senators Parella, Paiva Weed, Graziano, Walton, Cicilline and others present (02-S 2620) An Act relating to adult education - education.

Read and referred to the Committee on Finance.

Senators Donelan, McCaffrey, Walaska and Revens present (02-S 2621) An Act relating to taxation - parking facilities.

Read and referred to the Committee on Finance.

Senators McDonald, Enos, Paiva Weed, Damiani, Algiere and others present (02-S 2622) An Act relating to fish and wildlife - commercial fisheries.

Read and referred to the Committee on Special Legislation.

Senators Alves, Graziano, McBurney, McDonald, Goodwin and others present (02-S 2623) An Act relating to health and safety - fetal protection act.

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

Senators Celona and Tassoni present (02-S 2624) An Act relating to education.

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

Senators Parella, Perry, Cicilline, Roney, Algiere and others present (02-S 2625) An Act relating to mental health, retardation and hospitals - developmentally disabled adults.

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

Senators Paiva Weed and Igliozzi present (02-S 2626) An Act relating to probate practice and procedure.

Read and referred to the Committee on Judiciary.

Senators Perry, Cicilline and Walton present (02-S 2627) An Act relating to offenses and penalties.

Read and referred to the Committee on Judiciary.

Senator Paiva Weed presents (02-S 2628) An Act relating to motor vehicles - certificates of titles and security interests.

Read and referred to the Committee on Judiciary.

Senators Walsh, Paiva Weed, Parella and Lenihan present (02-S 2629) An Act relating to courts - judicial selection.

Read and referred to the Committee on Judiciary.

Senators Walsh and Damiani present (by request of the Attorney General) (02-S 2630) An Act relating to delinquent and dependent children - proceedings in Family Court.

Read and referred to the Committee on Judiciary.

Senators Perry, Goodwin, Roney, Walton, Igliozzi and others present (02-S 2631) An Act relating to levy and assessment of local taxes.

Read and referred to the Committee on Corporations.

Senators Enos, Izzo and Bates present (02-S 2632) An Act relating to cities and towns - regulation of tobacco sales.

Read and referred to the Committee on Corporations.

Senators Celona, Alves, Graziano and Montalbano present (02-S 2633) An Act relating to taxation - property subject to taxation.

Read and referred to the Committee on Corporations.

Senators Felag and Cicilline present (02-S 2634) An Act relating to retail licenses.

Read and referred to the Committee on Corporations.

Senators Felag, Walton, McCaffrey, Perry and Alves present (by request of the Attorney General) (02-S 2635) An Act relating to businesses and professions - unsolicited telephone sales calls.

Read and referred to the Committee on Corporations.

Senators Celona and Walaska present (02-S 2636) An Act relating to criminal offenses - public utilities.

Read and referred to the Committee on Judiciary.

Senators Parella, Breene, Gibbs, Cote, Lenihan and others present (02-S 2637) Joint Resolution providing for a bi-partisan preparatory commission to assemble information on constitutional questions in preparation for a vote by the qualified electors on the holding of a constitutional convention in accordance with Article XIV Section 2 of the Rhode Island Constitution and making an appropriation therefor.

Read and referred to the Committee on Judiciary.

Senator Parella presents (02-S 2638) An Act relating to domestic relations - solemnization of marriages.

Read and referred to the Committee on Judiciary.

Senators Irons, Damiani, Montalbano, DaPonte, Alves and others present (02-S 2639) An Act relating to criminal offenses - terrorism.

Read and referred to the Committee on Judiciary.

Senators Parella, Enos and Cicilline present (02-S 2640) Joint Resolution to approve and publish and submit to the electors a proposition of amendment to the Constitution of the State.

Read and referred to the Committee on Special Legislation.

Senators Parella, Algiere and Cicilline present (02-S 2641) An Act relating to education - compulsory attendance.

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

Senators Ruggerio, Badeau, Tassoni, Igliozzi, Montalbano and others present (02-S 2642) An Act relating to towns and cities.

Read and referred to the Committee on Corporations.

Senators Caprio and Alves present (02-S 2643) An Act relating to health and safety - health care services - utilization review act.

Read and referred to the Committee on Corporations.

Senators McCaffrey and Ruggerio present (02-S 2644) An Act relating to automobile body repair shops.

Read and referred to the Committee on Corporations.

Senator Parella presents (02-S 2645) An Act relating to liability insurance for motor vehicles.

Read and referred to the Committee on Corporations.

Senators Izzo, Walton, Alves, Caprio, Gallo and others present (02-S 2646) An Act relating to the General Assembly.

Read and referred to the Joint Committee on Naming State Constructions.

Senators Izzo, Irons, Gallo, Blais, Perry and others present (02-S 2647) Senate Resolution requesting the Department of Human Services to study the state prescription drug dispensing procedures and disposal requirements.

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

Senators Walaska, Fogarty, Issa, McCaffrey, Donelan and others present (02-S 2648) An Act relating to courts and civil procedure - small claims and consumer claims.

Read and referred to the Committee on Judiciary.

Senators Izzo, Sosnowski, Alves and Enos present (02-S 2649) An Act relating to licenses and motorcycles - special license for motorcycle, motor scooters and other motor driven cycles.

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

ADJOURNMENT


Upon motion ofSenate Majority Leader Irons, seconded by Senator Algiere, the Senate adjourns at 6:18 o'clock P.M. GABRIEL REI Deputy
Clerk of the Senate


Appendix



INVOCATION

STATE OF THE STATE ADDRESS


SENATOR KEVIN A. BREENE


Almighty Father, let your spirit of wisdom transcend upon the leaders of our State. Tonight, as our Governor delivers his annual message, we look to you to guide his heart and the hearts of all the members of this legislature as we strive to work for justice and equality for all the citizens of Rhode Island. Amen.

Appendix



CALENDAR


In order for Thursday, February 7, 2002:

1. (02-S2121) An Act relating to education - establishment of regional school districts.

Committee on Corporations recommends passage.

2. (02-H6816 as amended) An Act relating to towns and cities - zoning ordinances.

Committee on Corporations recommends passage as amended.

3. (02-S2123) An Act relating to towns and cities - general powers.

Committee on Judiciary recommends passage.

4. (02-S2155) (Substitute ``A'') An Act relating to solemnization of marriages.

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

5. (02-S2197) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage.

6. (02-S2199) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage.

7. (02-H6814) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage in concurrence.

8. (02-H6935) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage in concurrence.

9. (02-H6656) An Act authorizing the town of Smithfield to issue not exceeding $8,600,000 general obligation bonds or notes for various capital projects.

Committee on Corporations recommends passage in concurrence.

10. (02-S2258) An Act relating to redistricting of the General Assembly.

Committee on Judiciary recommends passage.

Appendix



CALENDAR


In order for Tuesday, February 12, 2002:

1. (02-S2124) An Act validating and ratifying amendments to the home rule charter of the town of Warren.

Committee on Corporations recommends passage.

2. (02-S2133) An Act validating and ratifying amendments to the home rule charter of the town of West Greenwich.

Committee on Corporations recommends passage.

3. (02-S2260) An Act relating to the Shelter Harbor Fire District.

Committee on Corporations recommends passage.

4. (02-S2473) An Act authorizing the town of Lincoln to issue general obligation bonds and notes in an amount not to exceed $35,000,000 for the acquisition of land for a new middle school and school facilities, the construction of a new middle school and additions to existing schools, and the renovation, rehabilitation, repair, improvements, furnishing and equipping of schools and school facilities, and the school administration building in the town.

Committee on Corporations recommends passage.

5. (02-S2058) An Act relating to towns and cities - municipal court in the town of Westerly.

Committee on Judiciary recommends passage.

6. (02-S2069) An Act relating to towns and cities - Westerly Municipal Court.

Committee on Judiciary recommends passage.

7. (02-S2212) An Act relating to public officers and employees - code of ethics.

Committee on Judiciary recommends passage.

8. (02-S2235) An Act relating to powers of fiduciaries.

Committee on Judiciary recommends passage.

9. (02-S2268) An Act relating to uniform premarital agreement act.

Committee on Judiciary recommends passage.

10. (02-S2354) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage.

RAYMOND T. HOYAS, JR.
Secretary of the Senate
Wednesday, February 6, 2002

Appendix



PROCEEDINGS IN JOINT SESSION


Wednesday, February 6, 2002

The Honorable, President Pro Tempore, John C. Revens, Jr., in the Chair.

CALLED TO ORDER


The Joint Session is called to order at 6:52 o'clock P.M.

Upon suggestion of The Honorable, President Pro Tempore, and by unanimous consent, the reading of the roll of the Senate and the roll of the House of Representatives is dispensed with, there being a quorum of the Senate and a quorum of the House of Representatives present, therefore a quorum of the Joint Session.

Upon suggestion of The Honorable, President Pro Tempore, and by unanimous consent, the reading of the Resolution (02-H 6762) of invitation is dispensed with.

The Honorable, President Pro Tempore, by unanimous consent, appoints Senators Issa, Roberts, Igliozzi and Algiere, and Representatives Henseler, Martineau, Menard, Callahan, Quick and Watson, a Committee to escort His Excellency, the Governor, Lincoln Almond and guests to the Chamber.

Joint Session attends while the State University and College Presidents enter the Chamber.

Joint Session attends while the Mayors, Town Administrators and Local City and Town Officials enter the Chamber.

Joint Session attends while the Directors of the Executive Departments and invited guests enter the Chamber.

Joint Session attends while members of the Judiciary enter the Chamber.

Joint Session attends while members of the Board of Elections enter the Chamber.

Joint Session attends while the Honorable Edward S. Inman, Secretary of State, the Honorable Sheldon Whitehouse, Attorney General, and the Honorable Paul J. Tavares, General Treasurer, enter the Chamber.

Joint Session attends while His Excellency, the Governor, Lincoln Almond, and his wife, enter the Chamber.

The Honorable, President Pro Tempore, presents His Excellency, the Governor, Lincoln Almond, to the Joint Session. The Governor delivers his State of the State Address.

(See Appendix for Governor's Message)

Upon suggestion of The Honorable, President Pro Tempore, and by unanimous consent, the Joint Session attends while the committee escorts His Excellency, the Governor, Lincoln Almond, members of the Governor's family and invited guests from the Chamber.

ADJOURNMENT


Upon motion of Speaker Harwood, seconded bySenate Majority Leader Irons, and by unanimous consent, Joint Session adjourns and the two Houses separate at 7:32 o'clock P.M.

GABRIEL ANDRADE REI
Deputy Clerk of the Senate


Appendix



GOVERNOR LINCOLN ALMOND

Remarks

State of the State

February 6, 2002


Mr. Speaker, Majority Leader Irons; Majority Leader Martineau; Senator Revens; Members of the General Assembly; My fellow General Officers; Members of the Judiciary; Distinguished Guests;

One year ago, when I stood before you in this Chamber our world was a very different place. The national economy was thriving. Rhode Island was on the move like never before. None of us could ever have imagined what lay ahead.

On September 11th, we witnessed the worst terrorist attacks we have seen on our beloved American soil. Our democracy and our fundamental freedoms were struck. Our spirit was tested.

With the eyes of the world upon us, we responded _ with great strength and with tremendous resolve. And we stood united like never before. I will never forget the State House Vigil which took place just days after the terrorist attacks. Twenty-five thousand Rhode Islanders of all ages and ethnic backgrounds mourned for those who lost their lives and exhibited their patriotism.

With our nation at war, we have also seen an outpouring of support for our armed forces. Nearly 300 members of our National Guard are part of this important mission _ whether it's defending our homeland or combating terrorism overseas, they have made us feel safe and secure.

Tonight we have with us a navigator in the Rhode Island Air National Guard. In December he led a group of guardsmen to Ground Zero to provide stress management to crews working at the site. In our state, we are also very proud to have General Centracchio who continues to exhibit outstanding leadership for the members of our National Guard to follow. Together they represent so many others who put their lives on hold for God and country.

General Centracchio and Lieutenant Colonel Jannitto, won't you please stand and accept our gratitude on behalf of the Rhode Island National Guard?

As we begin to heal and rebuild as a nation, the single-most important thing we can do is remember.

Tonight I am proud to announce that my administration will be working with the Council on the Arts to establish a memorial which will be placed in the State House to pay tribute to those who perished on September 11th. Next week, we will be launching the Rhode Island Remembers September 11th Fund. I am calling upon all of our residents to donate to this meaningful project.

Without question, we have seen countless changes since September 11th. Changes that have torn our hearts, sparked our resolve, and inspired a wave of patriotism. Changes that have brought many challenges.

But much like the spirit of our great nation, I am pleased to report the state of the state is resilient, filled with unlimited hope and prosperity, and surging ahead.

You only have to look at some of our recent progress to see why.

We welcomed our nation's Governors' and highlighted the beauty and splendor of our state for all to see _ from the State House to the Breakers to McCoy Stadium. And what tremendous reviews we received.

And isn't it uplifting that Sara DeCosta will be competing in the Olympics again? We also have our Military Police providing security for the Winter Games and Johnson and Wales students are cooking and serving meals. All told, the Ocean State is putting its mark on the Olympics.

There's more good news in the world of sports. We have Vin Cullen our men's basketball coach at the Community College who posted his 700th victory. And let's not forget Bill Belisle who has not only led the Mounties to 24 state hockey championships, but he has the most wins of any coach in the nation. The Pawsox just hit another homerun for our state _ they're hosting the Triple A All- Star Game in two years. And to top it all, who knew this summer that the training camp at Bryant College would lead to New Orleans? How about giving a big round of applause to the Super Bowl Champions _ our New England Patriots.

We're home to Citizens Bark_one of the largest commercial banks in the United States. Washington Trust, Sovereign and Bank Rhode Island are thriving. We welcomed Immunex to our state which marked another major step forward for our biotech industry. We have lifted Rhode Island to new heights.

We're number one in the nation for providing comprehensive health care to our residents. And that's led us to be number one for ensuring that women receive prenatal care. We've already been hailed for having one of the best child care systems in the United States. Now we've been recognized for requiring high-level training for our child care teachers The Convocation Center is taking shape, and we broke ground on the ice rink at URI. And we are very proud that a graduate of the University of Rhode Island has been selected as a Rhodes Scholar. By garnering this prestigious academic award, Rachel Walshe has shown all Rhode Islanders what hard work and determination can bring. And what a credit to the faculty at URI. To recognize her great achievement and to wish her well, we have Rachel here this evening.

Without question, we have seen a great deal of success. We have liked Rhode Island to new heights.

Over the past seven years, we've enhanced the quality of life in every single possible way in Rhode Island. That includes addressing the issue of affordable housing. I know that my housing bond will be before the House tomorrow and the Senate shortly thereafter. I have my pen waiting to sign it.

We have given people the government they expect and deserve - - a government they can trust and believe in. We have a new Washington Bridge on the horizon that will create a beautiful linear park and bike trail along the Seekonk River. We've preserved our state's natural heritage by protecting nearly 8 thousand acres of open space, parks and farmland. Just last week, we provided communities and organizations 400 thousand dollars to safeguard recreational trails in all corners of Rhode Island.

We've invested in our beaches _ from Misquamicut to Roger Wheeler. Recently T. F. Green was named one of the top airports in the nation. We're moving forward with the train station there. When completed, it will be a model transportation project for the nation to follow.

We've raised our voices against proposals that will diminish our quality of life and our ability to create and maintain jobs. That's why we have fought the expansion of any form of gambling and we'll continue to lead the charge. Let me issue this caution: increasing gambling is not sound economic development for Rhode Island's future. There are four steps we must take this year. First, I hope you'll join me in urging the Lottery Commission not to increase the number of video lottery machines at Lincoln and Newport. Second, I am seeking your swift approval of legislation I am submitting to give voters the right to veto the expansion of video lottery terminals. Third there is absolutely no reason why we continue to subsidize the dog owners at Lincoln Park. Let's put an end to that practice right now. And finally, we know that the never-ending campaign to impose casino gambling in Rhode Island is before us again. Let me tell you this: if a casino bill comes to my desk, I will veto it. I will not allow a process to begin that will lead to casinos cropping up all around our state. Not on my watch. We have lifted Rhode Island to new heights. Let's not allow a casino to drag us down.

We've made our state more business friendly. Gone are the days when Rhode Island was the first to fall into a recession and the last to climb out of it. We've reduced our income tax by 10 percent. That will save Rhode Islanders nearly 70 million dollars when they file their tax forms this year.

Rhode Island is more competitive and our economy is diverse.

We've made our state a leader for financial services. Now we're targeting biotechnology as one of our state's growth industries. Just think. Immunex and Dow combined are investing over one billion dollars in our state. One billion dollars.

That's proof positive that Rhode Island is well on the way for being known as a major biotech center. Here tonight is Anthony Rotunno, of Immunex and Charles Swartz of Dow. Let's show our appreciation for their great investment in our state.

To ensure that we have the skilled employees, the Economic Policy Council has been working with Dow and Immunex to establish a biotech training institute. This facility will give high school graduates the opportunity to acquire the knowledge they need to secure good-paying jobs in this cutting edge field.

We have also invested in our Slater Center for Biomedical Technology which has helped launch 23 biotech companies in our state over the past five years. We have seen continuing advances in biotechnology. And just look at the great strides the University of Rhode Island is making in this field. They recently received a 6 million dollar federal grant to develop a statewide network to spur the growth of biomedical research.

By investing in biotechnology, we will support a growth industry that will create high-paying jobs for Rhode Islanders. Job creation has always been a top priority in my administration. That's why we've targeted Quonset Point. What a remarkable transformation we have seen there. Kiefer Park is nearly full. Over the past seven years, 59 companies have opened their doors there and 18 existing companies have expanded. We have plans for a job training center led by the Community College of Rhode Island which will be the first of its kind in a business park in New England.

The signs of progress are everywhere in Quonset Davisville. Our work is not done. That's why I will be proposing a referendum for the November ballot to replace the Davisville Bulkhead, demolish buildings and improve the roads and rails in the park.

As we consider Quonset's future, the issue of a compact container port must remain on the table. Let me make this clear: the state has embarked upon a fair, open and independent process to determine once and for all if a port is both environmentally sound and economically feasible. There's so much potential at Quonset. Let's finally determine how we can best use the waterfront there.

We must support a process that will give us real answers. We must not let misinformation stand in the way of scientific fact.

As you know, Quonset Davisville is one of many Brownfields sites we have revitalized. Our efforts throughout our state have brought more than 68 million dollars in property value back on our tax rolls whale providing jobs for Rhode Islanders. We have made progress, but we must build upon the momentum we've gained.

That's why I am proposing a new state tax credit to spur the redevelopment of neglected Brownfields. This is all about doing the right thing for our environment and our economy. It will revitalize our cities and towns. It will maintain Rhode Island's image as the perfect place for companies to locate.

As we fuel the economy, we must also invest in our greatest asset _ our children. We're devoted to giving them the best start in life. That's why you've joined me in providing health care and child care to Rhode Islanders. We expanded eligibility for our state's health care program and today virtually all of our children have health insurance and approximately 94 percent of adults are covered. And we have nearly tripled the number of children in our child care program. Please join me in applauding our accomplishments.

Education has been one of the hallmarks of my administration. We have long upheld a strong commitment to elementary and secondary education.

This year we are spending 229 million dollars more than when I took office in 1995. Tomorrow our Department of Education will tell us how well our schools are performing. One of my proudest achievements is strengthening our state University and Colleges. Together we have made historic investments in our institutions of higher education.

What progress we've made _ New, high-tech academic buildings, rehabbed dorms, and computer labs. Now we have the opportunity to do more. That's why I will be recommending a 33 million dollar bond for higher education to enhance infrastructure at the University, Rhode Island College and the Community College.

We have lifted Rhode Island to new heights.

We cannot roll back the pages on important programs that set the foundation for our children to lead fulfilling lives. That's short-sighted. We have to look down the road and see the generations that will have benefited from our investments in health care, child care and education.

We know that a healthy, well-trained workforce will drive Rhode Island forward in the years to come. In the budget, I submit to you next week, I will not recommend scaling back on these core programs. I urge you to follow my lead. It is my goal to maintain Rhode Island's competitive edge. That's why we must hold the line on the income tax and the sales tax.

I've said it before. I'll say it again. Hiking the income tax in the 1990s was a huge mistake. That, coupled with the banking crisis, kept us mired in the recession longer than any other state. Companies and good-paying jobs were driven out of Rhode Island. Let's learn from the past. Let's not roll back the pages on progress.

We have a difficult road to travel. But we will chart a fiscally responsible path for Rhode Island that will position our state to benefit from an upswing in the national economy. One way to put our state on strong footing is to enact the supplemental budget by March 1st. If it is delayed, we will have tougher decisions to make. And the budget will be far worse than what it is now because we will have lost revenues.

We have tackled hard issues before. Together we will find the best solutions for our state.

Tonight as I stand before you for my final State of the State, let me just say that the past seven years have been unforgettable in every way. I look back on some of our state's finest hours _ cutting the ribbon on Providence Place Mall, welcoming companies like Fidelity and Boston Financial. Watching CVS and Fleet expand their presence in Rhode Island. Reading to our children at our public schools. Seeing youth play golf at Button Hole. Cutting the ribbon on the Blackstone Valley Bikepath with Senator John Chafee. Welcoming the Tall Ships to the shores of Newport. Celebrating Maxwell Mays's birthday with a spectacular Waterfire. Dedicating the Nazarian Center for the Arts at Rhode Island College, and acquiring a new Campus for CCRI in Newport. Preserving Mount Hope Farm in Bristol where my wife hosted our nation's First Ladles this summer. Honoring all of our veterans who have stood tall for democracy.

Unforgettable that's what these moments are. Truly unforgettable.

I'd like to take a moment to express my gratitude to someone who has been there every step of the way, giving me endless support and encouragement, my wife, Marilyn. I'd like to thank my Cabinet, our College Presidents, Commissioners of Education, our Judiciary, the Members of the General Assembly, our General Officers, and our elected officials who are here tonight for their assistance. I'd also like to recognize my staff and all state employees for their hard work. We've come so far over the past seven years. In the next 11 months, we will continue to build upon our accomplishments.

As I look to the future, I see a vibrant business climate that will continue to create good-paying jobs, a thriving economy with nationally renowned companies opening their doors, and a highly skilled workforce. I see children and families with health care and child care, schools where children are challenged, where teachers have mentoring programs, and where there is accountability.

I see top-notch academic buildings at our institutions of higher education and a Final Four berth for the men's basketball team at I see families exploring open space, swimming at our pristine beaches, fishing in our parks and riding on our bikepaths. I see farmland where young children pick apples with their grandparents. I see visitors and residents celebrating Rhode Island's ethnic and cultural diversity at Heritage Harbor. I see a balanced governmental structure _ one with a separate and co- equal executive branch of government. I see the end of the efforts to build a casino in Rhode Island. I see a state where every man, woman and child lives in peace and harmony.

Most of all, I see a Rhode Island where we uphold our state's motto _ hope.

May God bless the United States of America and the State of Rhode Island and all of our residents.



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