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 seventh day of January in the year of Our Lord two thousand and three.
Volume 130, No.18 Tuesday, February 25, 2003 Eighteenth Day


Our Lord two thousand and three. The Senate meets pursuant to adjournment and is called to order by the Honorable William V. Irons, President of the Senate, at 4:12 o'clock P.M.

The roll is called and a quorum is declared present with 37 Senators present and 1 Senator absent as follows:

PRESENT - 37:

The Honorable President Irons and Senators Algiere, Badeau, Bates, Blais, Breene, Caprio, Celona, Ciccone, Connors, Cote, Damiani, DaPonte, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Perry, Pichardo, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.

ABSENT - 1: Senator Alves.

INVOCATION


The Honorable President, by unanimous consent, presentsSenate Majority Leader Montalbano, to deliver the invocation.

(See Appendix for Invocation)


PLEDGE OF ALLEGIANCE TO THE FLAG


The Honorable President, by unanimous consent, presentsSenate Majority Leader Montalbano, to lead the Senate in the pledge of allegiance to the flag.

APPOINTMENTS BY THE GOVERNOR


The Honorable President presents the following communication from His Excellency, the Governor, transmitting the following appointments and requesting the advice and consent of the Senate thereto:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE


Donald L. Carcieri
Governor

February 13, 2003

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 16-59-2 of the Rhode Island General Laws, I have made the following reappointment to the Board of Governors for Higher Education:

Michael F. Ryan of Warwick
for a term expiring January 31, 2006.

To this reappointment, I respectfully request your advice and consent.

Sincerely,

DONALD L. CARCIERI
Governor



Read and referred to the Committee on Education.

Also:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE


Donald L. Carcieri
Governor

February 13, 2003

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 16-59-2 of the Rhode Island General Laws, I have made the following appointment to the Board of Governors for Higher Education:

Kenneth Aurecchia of Johnston
VICE
William Turner

for a term expiring January 31, 2006.

To this appointment, I respectfully request your advice and consent.

Sincerely,

DONALD L. CARCIERI
Governor



Read and referred to the Committee on Education.

Also:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE


Donald L. Carcieri
Governor

February 13, 2003

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 16-59-2 of the Rhode Island General Laws, I have made the following appointment to the Board of Governors for Higher Education:

Thomas J. Rockett, Ph.D. of East Greenwich
VICE
William Robinson

for a term expiring January 31, 2006.

To this appointment, I respectfully request your advice and consent.

Sincerely,

DONALD L. CARCIERI
Governor



Read and referred to the Committee on Education.

NEW BUSINESS


Senators Algiere and Irons present (03-S 687) An Act relating to state budget.

Senator Algiere requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator Algiere, seconded bySenate Majority Leader Montalbano, 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 Montalbano, seconded by Senator Algiere, the following measures on today's Consent Calendar, by unanimous consent, are read and passed, items 2-5 in concurrence, upon a voice vote:

1. (03-S101) Senate Resolution creating a special Senate commission to study electronic recording of real estate instruments.

2. (03-H5608) An Act to vacate the forfeiture or revocation of the charter of John H. Collins and Son Co.

3. (03-H5853) An Act to vacate the forfeiture or revocation of the charter of Snoopy's Diner, Inc.

4. (03-H5854) An Act to vacate the forfeiture or revocation of the charter of TKT, Inc.

5. (03-H5092) An Act to vacate the forfeiture or revocation of the charter of Willow Glen Condominiums Association, Inc.

CALENDAR


In order for the day is taken up as follows:

1. (03-S22 as amended) An Act relating to motor vehicle insurance - motor vehicle body replacement parts.

Committee on Commerce, Housing and Municipal Government recommends passage as amended.

Senator Celona moves passage, seconded by Senators Tassoni, Blais, Bates and others.

The act is read and passed, as amended, by unanimous consent, upon a roll call vote with 37 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 37:

The Honorable President Irons and Senators Algiere, Badeau, Bates, Blais, Breene, Caprio, Celona, Ciccone, Connors, Cote, Damiani, DaPonte, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Perry, Pichardo, Polisena, Raptakis, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.

NAYS - 0.

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.

ANNOUNCEMENTS


Senator Roberts announces that the Committee on Health and Human Services will meet on Wednesday, February 26, 2003, at the rise of the Senate in Room 313 of the State House.

Also:

Senator Raptakis announces that the Committee on Judiciary will meet today at the rise of the Senate in Room 313 of the State House.

RECESS


Upon suggestion of Senator DaPonte, and by unanimous consent, the Senate stands at Recess at 4:24 o'clock P.M. until the call of the Chair.

CALLED TO ORDER


The Senate is called to order at 4:34 o'clock P.M., Wednesday, February 26, 2003.

ADJOURNMENT


Upon motion ofSenate Majority Leader Montalbano, seconded by Senator Algiere, the Senate adjourns at 4:34 o'clock P.M.

RAYMOND T. HOYAS, JR.
Secretary of the Senate


Appendix



INVOCATION


JOSEPH A. MONTALBANO
SENATE MAJORITY LEADER


Lord, We ask, that You grant strength to those families who lost loved ones in the tragic fire at The Station nightclub in West Warwick last Thursday night. May You take the souls of the departed forever into Your protection.

We also ask for Your intercession to help those in recovery. May Your grace be with them and their families, that they may meet the challenges ahead.

We thank You for the many heroes who, without regard for their own safety, worked to rescue their brothers and sisters at the scene.

Finally, as legislators, we ask for your guidance as we study ways to prevent similar tragedies from occurring in the future.

Amen.

Appendix



CALENDAR


In order for Wednesday, February 26, 2003:

1. (03-S20) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage.

2. (03-S51) An Act relating to child support enforcement.

Committee on Judiciary recommends passage.

3. (03-S127) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage.

4. (03-S172) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage.

5. (03-S175) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage.

6. (03-S247) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage.

7. (03-S253) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage.

8. (03-H5009) An Act relating to solemnization of marriages.

Committee on Judiciary recommends passage in concurrence.

Appendix



CALENDAR


In order for Thursday, February 27, 2003:

1. (03-S41) (Substitute "A") An Act relating to the General Assembly.

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

RAYMOND T. HOYAS, JR.
Secretary of the Senate
Tuesday, February 25, 2003



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