SENATE JOURNALS - Wednesday, May 8, 2002

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. 46 Wednesday, May 8, 2002 Forty-sixth 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 46 Senators present and 4 Senators absent as follows:

PRESENT - 46: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Connors, Cote, 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, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walsh, Walton.

ABSENT - 4: Senators Coderre, Damiani, Roberts, Roney.

INVOCATION

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

(See Appendix for Invocation)

PLEDGE OF ALLEGIANCE TO THE FLAG

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

APPROVAL OF RECORD

The Senate Journal of Tuesday, May 7, 2002 proceedings is read in part.

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

COMMUNICATION

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

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONSSENATE CHAMBER

May 8, 2002

The Honorable Charles J. Fogarty
President of the Senate
116 State House
Providence, RI

Dear Mr. President:

Please be advised and let the record reflect that I will be absent from the chamber from Wednesday, May 8, 2002 and Thursday, May 9, 2002, as I will be out of town on Senate business.

I would appreciate your recording my letter in the appropriate Senate Journal.

Thank you for your attention to this matter.

Sincerely,

ELIZABETH H. ROBERTS
Senator, District 11

Received and ordered to be placed on file.

NEW BUSINESS

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

Senator Celona presents (02-S 2993) An Act reinstating and restoring forfeited or revoked corporate charters.

Read and referred to the Committee on Corporations.

Senator Paiva Weed presents (02-S 2994) Senate Resolution celebrating Saturday, June 29, 2002, as "Conanicut Battery Day" in the State of Rhode Island.

Senator Paiva Weed requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senators Sosnowski and McDonald present (02-S 2995) An Act authorizing the town of South Kingstown to finance school facilities capital improvement projects and to issue not more than $2,000,000 bonds therefor.

Read and referred to the Committee on Corporations.

Senators Sosnowski and Paiva Weed present (02-S 2996) An Act authorizing the town of South Kingstown to finance the development and construction of multiuse playfields, bikeways and park facilities on property located off Broad Rock Road and to issue not more than $925,000 bonds therefor.

Read and referred to the Committee on Corporations.

Senators Enos, Felag and Gibbs present (02-S 2997) An Act authorizing the town of Tiverton to finance the construction, equipping and furnishing of three elementary schools, which shall be attached to one core facility and situated on one site on North Brayton Road in the town and to issue not more than $25,700,000 bonds and/or notes therefor.

Read and referred to the Committee on Corporations.

Senators Enos, Felag and Gibbs present (02-S 2998) An Act authorizing the town of Tiverton to finance the construction, renovation, equipping and furnishing of the Tiverton Middle and High Schools, including, but not limited to, locker replacement at the Middle School and athletic field improvements, an auxiliary gym, tennis courts, music room additions, science labs and a guidance suite at the High School and to issue not more than $3,735,000 therefor.

Read and referred to the Committee on Corporations.

Senator Gibbs presents (02-S 2999) An Act relating to solemnization of marriages.

Read and referred to the Committee on Judiciary.

Senators Gibbs and Felag present (02-S 3000) Senate Resolution congratulating James Gordon John Silvia on attaining the rank of Eagle Scout.

Read and referred to the Committee on Special Legislation.

CALENDAR

In order for the day is taken up as follows:

1. (02-S2630) (Substitute "A" as amended) An Act relating to delinquent and dependent children - proceedings in Family Court.

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

Upon suggestion of Senator Walsh, and without objection, ordered to be placed on the Calendar for Thursday, May 16, 2002.

2. (02-S2348) (Substitute "A") An Act relating to commercial law - general regulatory provisions - deceptive trade practices.

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

Upon suggestion of Senator Hunter, and without objection, ordered to be placed on the Calendar for Wednesday, May 15, 2002.

3. (02-S2342) An Act relating to towns and cities - zoning ordinances.

Committee on Corporations recommends passage.

Senator Celona moves passage, seconded by Senators Bates and Gallo.

The act is read and passed, by unanimous consent, upon a roll call vote with 40 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 40: Senators Algiere, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Cote, DaPonte, Enos, Felag, Fogarty, Gallo, Garabedian, Gibbs, Goodwin, Graziano, Hunter, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Parella, Perry, Polisena, Raptakis, Revens, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walsh.

NAYS - 0.

ANNOUNCEMENT

Senator Graziano announces that the Committee on Health, Education and Welfare will meet today at the rise of the Senate in Room 211 of the State House.

ADJOURNMENT

Upon motion ofSenate Majority Leader Irons, seconded by Senator Algiere, and upon suggestion of Senator Graziano, the Senate adjourns at 4:07 o'clock P.M., on a unanimous rising vote, as a further mark of respect to the memory of John J. Lobello, Jr., a third-grade student at St. Thomas School, Providence.

GABRIEL REI Deputy Clerk of the Senate

Appendix

INVOCATION

SENATOR BRIAN M. HUNTER

Dear Lord, as we confront decisions we must make during this session, guide us in your judgment so that we may bring the greatest benefit to our fellow citizens. Amen.

Appendix

CALENDAR

In order for Thursday, May 9, 2002:

1. (02-S2257) (Substitute "A") An Act relating to alcoholic beverages - retail licenses.

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

2. (02-S2441) An Act relating to corporations, associations and partnerships - Rhode Island Uniform Securities act.

Committee on Corporations recommends passage.

3. (02-S2672) (Substitute "A" as amended) An Act relating to criminal procedure - search warrants.

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

4. (02-H6735 as amended) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage as amended in concurrence.

5. (02-H6961) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage in concurrence.

6. (02-H7565) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage in concurrence.

7. (02-H7767) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage in concurrence.

8. (02-S2144) An Act relating to commercial law - interest and usury.

Committee on Corporations recommends passage.

9. (02-S2442) An Act relating to employee stock options - biotechnology and medical technology companies.

Committee on Corporations recommends passage.

10. (02-H6607) An Act relating to the town of Westerly - Municipal Court.

Committee on Corporations recommends passage in concurrence.

11. (02-S2681) An Act relating to public utilities and carriers - regulatory powers of administration.

Committee on Corporations recommends passage.

12. (02-S2194) An Act relating to state affairs and government.

Committee on Judiciary recommends passage.

13. (02-S2383) (Substitute "A") An Act relating to the district court.

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

14. (02-S2629) (Substitute "A") An Act relating to courts - judicial selection.

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

15. (02-S2638) An Act relating to domestic relations - solemnization of marriages.

Committee on Judiciary recommends passage.

16. (02-S2885) (Substitute "A") Senate Resolution relating to "no tolerance" policies for youth sports organizations.

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

17. (02-S2923) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage.

18. (02-S2924) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage.

19. (02-S2931) An Act relating to elections.

Committee on Judiciary recommends passage.

20. (02-S2756) An Act relating to motor and other vehicles - registration of vehicles.

Committee on Special Legislation recommends passage.

21. (02-S2145 as amended) An Act relating to alcoholic beverages.

Committee on Special Legislation recommends passage as amended.

Appendix

CALENDAR

In order for Wednesday, May 15, 2002:

1. (02-S2348) (Substitute "A") An Act relating to commercial law - general regulatory provisions - deceptive trade practices.

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

Appendix

CALENDAR

In order for Thursday, May 16, 2002:

1. (02-S2630) (Substitute "A" as amended) An Act relating to delinquent and dependent children - proceedings in Family Court.

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

RAYMOND T. HOYAS, JR.
Secretary of the Senate
Wednesday, May 8, 2002

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