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.48 Tuesday, May 14, 2002 Forty-eighth Day


The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Charles J. Fogarty, at 4:10 o'clock P.M.

The roll is called and a quorum is declared present with 49 Senators present and 1 Senator absent as follows:

PRESENT - 49: Senators Alves, 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, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Paiva Weed, Parella, Perry, Polisena, Raptakis, Revens, Roberts, Roney, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska, Walsh, Walton.

ABSENT - 1: Senator Algiere.

INVOCATION


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

(See Appendix for Invocation)


PLEDGE OF ALLEGIANCE TO THE FLAG


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

APPROVAL OF RECORD


The Senate Journal of Thursday, May 9, 2002 proceedings is read in part.

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

FROM THE
HOUSE OF REPRESENTATIVES


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

(02-H 8120) Joint Resolution extending sincerest condolences and expressions of sympathy on the passing of Father Guillermo Corrales.

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 the entire Senate, and by unanimous consent, read and passed, in concurrence, under suspension of the rules, upon a rising vote.

Also:

(02-H 8125) An Act relating to solemnization of marriages.

Read and referred to the Committee on Judiciary.

Also:

(02-H 7403) (Substitute "A") An Act relating to accident and sickness insurance policies.

Read and referred to the Committee on Corporations.

Also:

(02-H 8126) An Act authorizing the city of Warwick to issue bonds and notes in an amount not to exceed $7,500,000 for public safety projects.

Read and referred to the Committee on Corporations.

REPORTS OF COMMITTEES


COMMITTEE ON CORPORATIONS


Senator Celona, from the Committee on Corporations, reports back, with recommendation of passage of the following measure:

(02-S 2461) (Substitute "A" as amended) An Act relating to towns and cities - low and moderate income housing.

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 measure:

(02-S 2867) An Act relating to the General Assembly - organization of the Senate.

Read and ordered to be placed on the Calendar.

JOINT COMMITTEE ON WATER RESOURCES


Senator Walsh, from the Joint Committee on Water Resources, reports back, with recommendation of passage of the following measure:

(02-S 2332) An Act relating to waters and navigation - Water Resources Board.

Read and ordered to be placed on the Calendar.

NEW BUSINESS


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

Senators Cicilline, Montalbano, Celona, Paiva Weed, Algiere and others present (02-S 3005) Senate Resolution declaring October as "Italian-American Heritage Month".

Senator Cicilline requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senators Perry and Coderre present (02-S 3006) An Act relating to solemnization of marriages.

Read and referred to the Committee on Judiciary.

Senators Parella, Enos and Felag present (02-S 3007) Senate Resolution congratulating Mount Hope High School's Industrial Technology Department for the successful completion of the 31st home built.

Senator Parella requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator Parella, 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 Breene, the following measures on today's Consent Calendar, by unanimous consent, are read and passed, upon a voice vote:

1.

Appointment of Carrie Zaslow of Providence VICE Anne H. Allen to the Rhode Island State Council on the Arts for a term expiring March 1, 2005.

2.

Appointment of Mary K. Talbot of Barrington VICE Florence Weintraub to the Rhode Island State Council on the Arts for a term expiring March 1, 2005.

3. Reappointment of William C. Kennedy of Coventry to the Rhode Island Public Transit Authority for a term expiring April 1, 2005.

4. Reappointment of Joseph Caffey of Providence (Representative of a Community Development Corporation to the Rhode Island Housing Resources Act for a term expiring January 31, 2005.

5. Reappointment of Stephen Medeiros of Coventry to the Marine Fisheries Council for a term expiring April 1, 2006.

6. Reappointment of Russell Brown of South Kingstown (Representing Building Officials from Municipality of 20,000-60,000) to the State Building Codes Standards Committee for a term expiring May 1, 2005.

7. Reappointment of Thomas J. Lynch of Narragansett (Representing IBEW Local 99) to the State Building Codes Standards Committee for a term expiring May 1, 2005.

8. Reappointment of David F. Palmisciano of Chepachet (Representing Building Trades Council) to the State Building Codes Standards Committee for a term expiring May 1, 2005.

9. Reappointment of Robert E. DeBlois, Jr. of East Greenwich (Representing Rhode Island Builders Association) to the State Building Codes Standards Committee for a term expiring May 1, 2005.

ANNOUNCEMENT


Senator Felag announces that the Committee on Finance 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.

RECESS


Upon suggestion ofSenate Majority Leader Irons, and by unanimous consent, the Senate stands at recess at 4:18 o'clock P.M. until the call of the chair.

CALLED TO ORDER


The Senate is called to order at 4:50 o'clock P.M.

ADJOURNMENT


Upon motion ofSenate Majority Leader Irons, seconded by Senator Breene, the Senate adjourns at 4:51 o'clock P.M.

RAYMOND T. HOYAS, JR.
Secretary of the Senate


Appendix



INVOCATION


SENATOR MARC A. COTE


We ask, that You guide us, Lord, in broadening our minds and extending ourselves in service to our constituents. May we better understand their concerns and needs and do our best to assist them. Amen.

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".

2. (02-S2157) An Act relating to retirement - disability.

Committee on Finance recommends passage.

3. (02-S2231) An Act relating to textbooks.

Committee on Finance recommends passage.

4. (02-S2371) An Act relating to the Rhode Island Veterans' Home.

Committee on Finance recommends passage.

5. (02-S2372) An Act relating to military affairs and defense - Rhode Island Veterans' Home.

Committee on Finance recommends passage.

6. (02-S2552) An Act relating to taxation - situs and ownership of taxable property.

Committee on Finance recommends passage.

7. (02-S2249) (Substitute "A") An Act relating to divorce and separation - domestic violence.

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

8. (02-S2721) (Substitute "A") An Act relating to courts and civil procedure - particular actions - post conviction remedy.

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

9. (02-S2799) An Act relating to motor and other vehicles - driver's license notification of selective registration requirement.

Committee on Judiciary recommends passage.

10. (02-S2951) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage.

11. (02-H7868) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage in concurrence.

12. (02-H7879) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage in concurrence.

13. (02-H8048) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage in concurrence.

Appendix



CALENDAR


In order for Thursday, May 16, 2002:

1. (02-S2144) An Act relating to commercial law - interest and usury.

Committee on Corporations recommends passage.

2. (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.

3. (02-S2461) (Substitute "A" as amended) An Act relating to towns and cities - low and moderate income housing.

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

4. (02-S2867) An Act relating to the General Assembly - organization of the Senate.

Committee on Judiciary recommends passage.

5. (02-S2332) An Act relating to waters and navigation - Water Resources Board.

Joint Committee on Water Resources recommends passage.

RAYMOND T. HOYAS, JR.
Secretary of the Senate
Tuesday, May 14, 2002



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