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.20 Wednesday, February 27, 2002 Twentieth Day


The Senate meets pursuant to adjournment and is called to order by

His Honor, the Lieutenant Governor, Charles J. Fogarty, at 4:03 o'clock P.M.

The roll is called and a quorum is declared present with 47 Senators present and 3 Senators absent as follows:

PRESENT - 47: Senators Algiere, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kells, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walton.

ABSENT - 3: Senators Alves, Kelly, Walsh.

INVOCATION


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

(See Appendix for Invocation)


PLEDGE OF ALLEGIANCE TO THE FLAG

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

APPROVAL OF RECORD


The Senate Journal of Tuesday, February 26, 2002 proceedings is read in part.

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

GUESTS


Upon suggestion of Senators Graziano, Walton, Kells, Garabedian, Parella and Coderre, and by unanimous consent,

His Honor, the Lieutenant Governor, welcomes to the Chamber from Dorcas Place, Gisselle Brito, Yesenia Couvertier, Margaret Williams, Nellie Maximore, Orquidia Soto, Robin Adams, Jeri Thomas, Kevin Long, Tom Patridge and Brenda Dann-Messier.

Upon suggestion ofSenate Majority Leader Irons and Senator McBurney, and by unanimous consent,

His Honor, the Lieutenant Governor, welcomes to the Chamber Patrick McBurney, son of Senator McBurney.

COMMUNICATION


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

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

SENATE CHAMBER


February 26, 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 Thursday, February 28, 2002.



Sincerely,

J. CLEMENT CICILLINE
Senator, District 50

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 7760) Joint Resolution inviting

His Honor, the Presiding Officer of the Senate, and the Honorable Senate to join the House of Representatives in Joint Session for the purpose of receiving an address by the Commissioner of Elementary and Secondary Education.

Senate Majority Leader Irons requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion ofSenate Majority Leader Irons, seconded by Senator Algiere, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.

Also:

(02-H 7788) An Act relating to taxation.

Senate Majority Leader Irons requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Senate Majority Leader Irons moves passage, seconded by Senator Coderre and others.

The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 42 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 42: Senators Algiere, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, Graziano, Hunter, Irons, Issa, Izzo, Kells, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walton.

NAYS - 0.

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 2343) An Act relating to cities and towns.

Read and ordered to be placed on the Calendar.

(02-S 2768 as amended) An Act relating to towns and cities - zoning ordinances.

Read and ordered to be placed on the Calendar.

(02-H 6793) An Act relating to education.

Read and ordered to be placed on the Calendar.

REPORT OF COMMITTEE

TRANSFER OF BILLS


Senator Celona, from the Committee on Corporations, in accordance with Senate Rule 6.14, moves to transfer the following bills from the Committee on Corporations to the Committee on Labor:

(02-S 2388) An Act relating to labor and training.

Read and referred to the Committee on Labor.

(02-S 2414) An Act relating to businesses and professions - septic system installers.

Read and referred to the Committee on Labor.


NEW BUSINESS


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

Senators Sosnowski and Parella present (02-S 2834) Senate Resolution congratulating Roger LeBrun, Ph.D., on being named 2001 Rhode Island Professor of the Year.

Senator Sosnowski requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator Sosnowski, seconded by the entire Senate, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.

GUESTS


Upon suggestion of Senator Sosnowski andSenate Majority Leader Irons, and by unanimous consent,

His Honor, the Lieutenant Governor, welcomes to the Chamber Professor Roger LeBrun, his wife Kathleen Birt, his parents Arthur and Rita LeBrun, his mother-in-law Jean Birt, and Dr. Robert Carothers, President of the University of Rhode Island.


NEW BUSINESS


Senators Revens, McCaffrey and Walaska present (02-S 2835) Senate Resolution supporting the Apponaug By-Pass Project.

Senator Revens requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator Revens, seconded by Senators Walaska and McCaffrey, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.

Senator Paiva Weed presents (02-S 2836) An Act relating to taxation - property subject to taxation.

Read and referred to the Committee on Corporations.

Senators Cicilline, Walton, Paiva Weed, Irons, Perry and others present (02-S 2837) Senate Resolution proclaiming the month of February as ``Black History Month'' in Rhode Island.

Senator Walton requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator Walton, seconded by the entire Senate, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.

Senators Cote, Irons, Caprio, Walaska, Goodwin and others present (02-S 2838) Joint Resolution proclaiming April 10, 2002 as ``Appreciation for Catholic Schools Day'' in the State of Rhode Island.

Senator Cote requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator Cote, seconded by the entire Senate, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.

Senator Blais presents (02-S 2839) Senate Resolution congratulating Orrin John Hanratty III on attaining the rank of Eagle Scout.

Senator Blais requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator Blais, seconded by the entire Senate, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.

CONSENT CALENDAR




In order for the day is taken up as follows:

Upon motion ofSenate 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:

(02-H 6798) An Act validating and ratifying an amendment to the charter of the town of West Greenwich.

CALENDAR


In order for the day is taken up as follows:

1. (02-H6816 as amended) An Act relating to towns and cities - zoning ordinances.

Committee on Corporations recommends passage as amended.

Upon motion of Senator Celona, and without objection, ordered to be recommitted to the Committee on Corporations.

ANNOUNCEMENTS


Senator Damiani announces that the Committee on Corporations will meet on Thursday, February 28, 2002, at 3:00 o'clock P.M. in Room 212 of the State House.

Also:

Senator Montalbano announces that the Committee on Judiciary will meet on Thursday, February 28, 2002, at the rise of the Senate in Room 313 of the State House.

Also:

Senator Graziano announces that the Committee on Health, Education and Welfare will meet today at the rise of the Senate in the Senate Lounge of the State House.

Also:

Senator Goodwin announces that the Committee on Special Legislation will meet today at the rise of the Senate in Room 211 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 4:41 o'clock P.M.

RAYMOND T. HOYAS, JR.
Secretary of the Senate


Appendix



INVOCATION


SENATOR ROGER R. BADEAU



Almighty God, whose servants we are, may our work today and throughout the remainder of this legislative session be guided to truly serve the people we represent, and be ever mindful of the effect our actions and decisions have on those we serve. Amen.

Appendix



CALENDAR


In order for Tuesday, March 5, 2002:

1. (02-S2343) An Act relating to cities and towns.

Committee on Corporations recommends passage.

2. (02-S2768 as amended) An Act relating to towns and cities - zoning ordinances.

Committee on Corporations recommends passage as amended.

3. (02-H6793) An Act relating to education.

Committee on Corporations recommends passage in concurrence.

RAYMOND T. HOYAS, JR.
Secretary of the Senate
Wednesday, February 27, 2002



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