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.30
Wednesday, March 26, 2003
Thirtieth 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 4:22 o'clock P.M.
The roll is called and a quorum is declared present with 36 Senators present and 2 Senators absent as follows:
The Honorable President, by unanimous consent, presents Senator DaPonte, to deliver the invocation.
(See Appendix for Invocation)
PLEDGE OF ALLEGIANCE TO THE FLAG
The Honorable President, by unanimous consent, presents Senator DaPonte, to lead the Senate in the pledge of allegiance to the flag.
APPROVAL OF RECORD
The Senate Journal of Tuesday, March 25, 2003 proceedings is read in part.
Upon suggestion of Senator DaPonte, and by unanimous consent, further reading of the Journal is dispensed with and the Journal approved as recorded.
GUESTS
Upon suggestion of Senator DaPonte, and by unanimous consent, the Honorable President welcomes to the Chamber Greg Dias, East Providence Assistant City Solicitor.
Upon suggestion of Senators Blais and Walaska, and by unanimous consent, the Honorable President welcomes to the Chamber Thomas M. Sullivan, Chief Counsel, Office of Advocacy, U.S. S.B.A., Washington, D.C.; Jeffrey Butland, Regional Administrator, U.S. S.B.A., Boston, MA; Barbara Manning, Regional Advocate, U.S. S.B.A., Boston, MA; Allan Hanson, District Counsel, U.S. S.B.A., Providence District Office; Mark S. Deion, President, Deion Associates & Strategies, Inc., Warwick, RI; and Lauren E.I. Slocum, Central R.I. Chamber of Commerce.
Upon suggestion of Senator Polisena, and by unanimous consent, the Honorable President welcomes to the Chamber Marlene McCarthy, Chair of the Rhode Island Breast Cancer Coalition, and Marsha Mantia.
Upon suggestion of Senator Paiva Weed, and by unanimous consent, the Honorable President welcomes to the Chamber Deb Ruggiro, President of the American Lung Association of Rhode Island.
Upon suggestion of Senators Walaska and Parella, and by unanimous consent, the Honorable President welcomes to the Chamber from the Rhode Island Dental Hygienists Association, Pamela Nelson, President; Susan Perfini, Past President, and Kathy Gazzola, Director.
Upon suggestion of Senator Lenihan, and by unanimous consent, the Honorable President welcomes to the Chamber Peter Hoffstader and Henry Sharpe.
Upon suggestion of Senator Blais, and by unanimous consent, the Honorable President welcomes to the Chamber the Honorable Bonnie Stewart of West Warwick, former State Senator.
Upon suggestion of Senator Breene, and by unanimous consent, the Honorable President welcomes to the Chamber the Honorable Michael Cerrullo, Exeter Town Councilman.
Upon suggestion of Senator Algiere, and by unanimous consent, the Honorable President welcomes to the Chamber former Senate Minority Leaders, the Honorable Jonathan Farnum, and the Honorable Michael Flynn.
Upon suggestion of Senator Goodwin, and by unanimous consent, the Honorable President welcomes to the Chamber Dan Lawlor and Allison Glavin.
Upon suggestion of Senator Damiani, and by unanimous consent, the Honorable President welcomes to the Chamber Brian Watson of Riverside.
COMMUNICATIONS
The Honorable President presents the following communications:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER
March 19, 2003
The Honorable William V. Irons President of the Senate
317 State House
Providence, RI 02903
Dear Mr. President:
Please be advised and let the record reflect that I will be absent from the chamber from Wednesday March 26th and Thursday, March 27th as I will be out of state on business.
I would appreciate your recording my letter in the appropriate Senate Journal.
Thank you for your attention to this matter.
Warmest regards,
LEONIDAS RAPTAKIS
Senator, District 33
Received and ordered to be placed on file.
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER
March 25, 2003
The Honorable William V. Irons President of the Senate
317 State House
Providence, RI 02903
Dear President Irons:
Please be advised that I will not be able to attend the Senate session today, Tuesday, March 25, 2003, due to a family commitment.
I would appreciate your recording my letter in the appropriate Senate Journal.
Thank you for your attention to this matter.
Sincerely,
RHODA E. PERRY
Senator, District 1
Received and ordered to be placed on file.
REPORTS OF COMMITTEES
COMMITTEE ON LABOR
Senator Badeau, from the Committee on Labor, reports back, with recommendation of passage of the following measures:
(03-S 312) An Act relating to towns and cities.
Read and ordered to be placed on the Calendar.
(03-S 598) An Act relating to labor and labor relations - hazardous substances.
Read and ordered to be placed on the Calendar.
(03-S 601) An Act relating to businesses and professions - electricians.
Read and ordered to be placed on the Calendar.
(03-S 603) An Act relating to businesses and professions - electricians.
Read and ordered to be placed on the Calendar.
(03-S 604) An Act relating to industrial registration.
Read and ordered to be placed on the Calendar.
(03-S 605) An Act relating to businesses and professions - electricians.
Read and ordered to be placed on the Calendar.
(03-S 606) An Act relating to mechanical trades.
Read and ordered to be placed on the Calendar.
(03-S 607) An Act relating to electricians.
Read and ordered to be placed on the Calendar.
(03-S 608) An Act relating to occupational safety.
Read and ordered to be placed on the Calendar.
NEW BUSINESS
Senator Sosnowski presents (03-S 968) Senate Resolution congratulating Patricia Brow on receiving the SHO (Seniors Helping Others) Volunteer of the Year Award.
Senator Sosnowski requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Sosnowski, seconded by Senator Gallo, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.
NOW PRESIDING
The Honorable President yields the floor to the Honorable John C. Revens, Jr., President Pro Tempore, at 4:35 o'clock P.M.
NEW BUSINESS
The Honorable President Irons presents (03-S 969) Senate Resolution expressing condolences on the passing of Raymond T. Hoyas, Sr.
The Honorable President requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
The Honorable President moves passage, seconded by the entire Senate.
The Honorable President expresses condolences on the passing of Mr. Hoyas.
The Resolution is read and passed, upon a unanimous rising vote.
NOW PRESIDING
The Honorable President Pro Tempore yields the floor to the Honorable President at 4:41 o'clock P.M.
NEW BUSINESS
Senator Breene presents (03-S 970) An Act to vacate the forfeiture or revocation of the charter of American Woodworking, Inc.
Read and ordered to be placed on the Consent Calendar.
Senators Polisena, Damiani, Roberts, Algiere and Goodwin present (03-S 971) Senate Resolution memorializing President George W. Bush to support increased federal funding for quality breast cancer research.
Senator Polisena requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Polisena, seconded by the entire Senate, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.
FROM THE DESK
Upon suggestion of Senator Blais, and without objection, the following act is removed from the Desk and acted on as follows:
(03-S 925) An Act relating to taxation - town of Scituate.
Senator Blais requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Blais, seconded by Senators Algiere, Breene and Celona, and by unanimous consent, read and passed, upon a roll call vote with 34 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
Upon motion ofSenate Majority Leader Montalbano, 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:
1. (03-H6206) An Act to vacate the forfeiture or revocation of the charter of Katrina, Inc.
CALENDAR
In order for the day is taken up as follows:
1. Reappointment of Kenneth Aurecchia of Johnston (Johnston Resident Representative) to the Rhode Island Resource Recovery Corporation for a term expiring July 1, 2005.
Committee on Environment and Agriculture recommends that the Senate give its Advice and Consent to this reappointment.
Senator Polisena, seconded by Senators Paiva Weed, Fogarty, Felag, Perry, Alves, McCaffrey, Blais, Breene, Connors, Lanzi, Badeau and others, moves that Advice and Consent of the Senate be given this reappointment.
The Advice and Consent of the Senate is given this reappointment, by unanimous consent, upon a roll call vote with 36 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
2. Reappointment of Jan Harmen Reitsma of Barrington as Director of the Department of Environmental Management.
Committee on Environment and Agriculture recommends that the Senate give its Advice and Consent to this reappointment.
Senator Bates, seconded by Senators Algiere, Breene, Sheehan, Felag, Goodwin, Alves, Celona, Blais, Polisena, Ciccone, Badeau and many others, moves that Advice and Consent of the Senate be given this reappointment.
Senator Paiva Weed discusses the reappointment.
The Advice and Consent of the Senate is given this reappointment, by unanimous consent, upon a roll call vote with 36 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
Upon suggestion of Senator Bates, and by unanimous consent, the Honorable President welcomes to the Chamber Jan Harmen Reitsma, newly confirmed Director of the Department of Environmental Management, along with Fred Vincent and Mal Grant, Associate Directors; Perry Gray and Alicia Good, Assistant Directors; and Bob Ballou, Chief of Staff.
CALENDAR
7.Appointment of Jeffrey A. Lanphear of Cranston VICE Associate Justice John F. Sheehan as Associate Justice of the Rhode Island Superior Court.
Committee on Judiciary recommends that the Senate give its Advice and Consent to this appointment.
Senator Algiere, seconded by the entire Senate, moves that Advice and Consent of the Senate be given this appointment.
Senate Majority Leader Montalbano and Senators Parella, Gibbs, Blais, Breene and Revens discuss the appointment.
The Advice and Consent of the Senate is given this appointment, by unanimous consent, upon a roll call vote with 36 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
Upon suggestion of Senator Algiere, and by unanimous consent, the Honorable President welcomes to the Chamber Jeffrey A. Lanphear, newly confirmed Associate Justice of the Rhode Island Superior Court, along with his wife Kathleen Lanphear and children Hope and Kate Lanphear, and Malcolm Lanphear, Julia Lanphear, Richard Malner, Helen Malner, Nancy Plumb, Robert Rogers, Hannah Rogers, Bonnie Stewart, Ned Handy, Polly Handy, Terry Spied, Michael Magee, Andy Burkhardt, and Stephen Isherwood.
CALENDAR
3.Appointment of Adelita S. Orefice of Providence VICE Debra A. Capuano as Director of the Department of Elderly Affairs.
Committee on Health and Human Services recommends that the Senate give its Advice and Consent to this appointment.
Upon suggestion of Senator Sheehan, and without objection, ordered to be placed on the Calendar for Wednesday, April 2, 2003.
4.Appointment of Kenneth Aurecchia of Johnston VICE William Turner to the Board of Governors for Higher Education for a term expiring January 31, 2006.
Committee on Education recommends that the Senate give its Advice and Consent to this appointment.
Senator Polisena, seconded by Senators Goodwin, Fogarty, Caprio, Gallo, Felag and many others, moves that Advice and Consent of the Senate be given this appointment.
The Advice and Consent of the Senate is given this appointment, by unanimous consent, upon a roll call vote with 35 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
Upon suggestion of Senators Polisena and Felag, and by unanimous consent, the Honorable President welcomes to the Chamber Kenneth Aurecchia, newly confirmed member of the Board of Governors for Higher Education, along with Michael Correiro, Financial Manager of Local 51.
CALENDAR
5. Reappointment of Colleen A. (Bielecki) Callahan of Cumberland to the Board of Regents for Elementary and Secondary Education for a term expiring January 31, 2006.
Committee on Education recommends that the Senate give its Advice and Consent to this reappointment.
Senator Connors, seconded by Senators Issa, Gallo and many others, moves that Advice and Consent of the Senate be given this reappointment.
Senator Gallo discusses the reappointment.
The Advice and Consent of the Senate is given this reappointment, by unanimous consent, upon a roll call vote with 36 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
Upon suggestion of Senators Connors, and by unanimous consent, the Honorable President welcomes to the Chamber Colleen A. Callahan, newly confirmed member of the Board of Regents for Elementary and Secondary Education.
CALENDAR
6. Reappointment of James DiPrete of West Warwick to the Board of Regents for Elementary and Secondary Education for a term expiring January 31, 2006.
Committee on Education recommends that the Senate give its Advice and Consent to this reappointment.
Senator Gallo, seconded by Senators Issa, Felag, Blais, Alves and Breene, moves that Advice and Consent of the Senate be given this reappointment.
Senators Felag, Alves, Breene and Blais discuss the reappointment.
The Advice and Consent of the Senate is given this reappointment, by unanimous consent, upon a roll call vote with 36 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
Upon suggestion of Senator Gallo, and by unanimous consent, the Honorable President welcomes to the Chamber James DiPrete, newly confirmed member of the Board of Regents for Elementary and Secondary Education, along with many members of his family.
CALENDAR
8. (03-S180) Joint Resolution to approve and publish and submit to the electors a proposition of amendment to the Constitution of the State (separation of powers).
Committee on Government Oversight recommends passage.
Senator Lenihan moves passage, seconded by Senators Celona, Breene, Damiani, Fogarty, Polisena, Sheehan, Revens, Gallo, Tassoni, Algiere, Gibbs, Lanzi, Badeau and many others.
The resolution is read and passed, by unanimous consent, upon a roll call vote with 36 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
The Honorable President yields the rostrum to the Honorable President Pro Tempore at 5:35 o'clock P.M.
CALENDAR
9. (03-S389) An Act relating to the Family Independence Act.
Committee on Health and Human Services recommends passage.
Senator Gibbs moves passage, seconded by Senator Blais, Breene, Parella and Sheehan.
Senator Sheehan discusses the act.
The act is read and passed, by unanimous consent, upon a roll call vote with 35 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
Committee on Health and Human Services recommends passage.
Senator Gallo moves passage, seconded by Senators Sheehan, Goodwin and Tassoni.
Senator Sheehan discusses the act.
The act is read and passed, by unanimous consent, upon a roll call vote with 34 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
11. (03-S884) An Act relating to health and safety - laboratories.
Committee on Health and Human Services recommends passage.
Upon suggestion of Senator Sheehan, and without objection, ordered to be placed on the Calendar for Wednesday, April 2, 2003.
ANNOUNCEMENTS
Senator Sosnowski announces that the Committee on Environment and Agriculture will meet on Thursday, March 27, 2003, at 2:30 o'clock P.M. in the Senate Lounge of the State House.
Also:
Senator DaPonte announces that the Committee on Financial Services, Technology and Regulatory Issues will meet today at the rise of the Senate in the Senate Lounge of the State House.
Also:
Senator Gibbs announces that the Committee on Health and Human Services will meet on Thursday, March 27, 2003, at the rise of the Senate in Room 212 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 DaPonte, seconded by Senator Algiere, the Senate adjourns at 5:48 o'clock P.M.
RAYMOND T. HOYAS, JR.
Secretary of the Senate
Appendix
INVOCATION
SENATOR DANIEL DaPONTE
Lord, as we deliberate over the bills before us, grant us your wisdom and insight, and above all compassion. This we ask in your name. Amen.
Appendix
CONSENT CALENDAR
In order for Thursday, March 27, 2003:
1. (03-S970) An Act to vacate the forfeiture or revocation of the charter of American Woodworking, Inc.
Ordered on the Consent Calendar.
RAYMOND T. HOYAS, JR.
Secretary of the Senate
Wednesday, March 26, 2003
Appendix
CALENDAR
In order for Thursday, March 27, 2003:
1. Reappointment of Thomas F. Ahern (Administrator) of East Greenwich as Administrator to the Division of Public Utilities and Carriers for a term expiring March 1, 2009.
Committee on Commerce, Housing and Municipal Government recommends that the Senate give its Advice and Consent to this reappointment.
2.Appointment of Anthony J. Marouchoc of Portsmouth VICE Barbara Caniglia to the Rhode Island Housing and Mortgage Finance Corporation for a term expiring July 1, 2006.
Committee on Commerce, Housing and Municipal Government recommends that the Senate give its Advice and Consent to this appointment.
3. (03-S169) An Act relating to Fair Employment Practices Act.
Committee on Labor recommends passage.
4. (03-S931) An Act relating to towns and cities - Chopmist Water District.
Committee on Commerce, Housing and Municipal Government recommends passage.
5. (03-S32) An Act relating to motor vehicles - special registration place - Coventry - police chief emeritus.
Committee on Constitutional and Gaming Issues recommends passage.
6. (03-S286) An Act relating to registration of vehicles - senator emeritus.
Committee on Constitutional and Gaming Issues recommends passage.
7. (03-S590) An Act relating to holidays and days of special observance - days of special observance.
Committee on Constitutional and Gaming Issues recommends passage.
8. (03-S174) An Act relating to elections - registration of voters.
Committee on Judiciary recommends passage.
Appendix
CALENDAR
In order for Tuesday, April 1, 2003:
1. (03-S312) An Act relating to towns and cities.
Committee on Labor recommends passage.
2. (03-S598) An Act relating to labor and labor relations - hazardous substances.
Committee on Labor recommends passage.
3. (03-S601) An Act relating to businesses and professions - electricians.
Committee on Labor recommends passage.
4. (03-S603) An Act relating to businesses and professions - electricians.
Committee on Labor recommends passage.
5. (03-S604) An Act relating to industrial registration.
Committee on Labor recommends passage.
6. (03-S605) An Act relating to businesses and professions - electricians.
Committee on Labor recommends passage.
7. (03-S606) An Act relating to mechanical trades.
Committee on Labor recommends passage.
8. (03-S607) An Act relating to electricians.
Committee on Labor recommends passage.
9. (03-S608) An Act relating to occupational safety.
Committee on Labor recommends passage.
Appendix
CALENDAR
In order for Wednesday, April 2, 2003:
1.Appointment of Adelita S. Orefice of Providence VICE Debra A. Capuano as Director of the Department of Elderly Affairs.
Committee on Health and Human Services recommends that the Senate give its Advice and Consent to this appointment.
2. (03-S884) An Act relating to health and safety - laboratories.
Committee on Health and Human Services recommends passage.
RAYMOND T. HOYAS, JR.
Secretary of the Senate
Wednesday, March 26, 2003
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