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.39
Wednesday, April 23, 2003
Thirty-ninth Day
The Senate meets pursuant to adjournment and is called to order by the Honorable William V. Irons, President of the Senate, at 4:26 o'clock P.M.
The roll is called and a quorum is declared present with 35 Senators present and 3 Senators absent as follows:
The Honorable President, by unanimous consent, presents Senator Gibbs, to deliver the invocation.
(See Appendix for Invocation)
The Honorable President, by unanimous consent, presents Senator Gibbs, to lead the Senate in the pledge of allegiance to the flag.
APPROVAL OF RECORD
The Senate Journal of Tuesday, April 22, 2003 proceedings is read in part.
Upon suggestion of Senator Gibbs, and by unanimous consent, further reading of the Journal is dispensed with and the Journal approved as recorded.
GUESTS
Upon suggestion of Senators Parella, Connors, Breene, Raptakis and McCaffrey, and by unanimous consent, the Honorable President welcomes to the Chamber staff of Rhode Island Child Abuse Prevention Network who were here accompanying the winners of the "Be a Hero to a Child Essay and Poster Campaign":
Nadine Lilly, Child Abuse Prevention Network member and Director of volunteers at Kent County Mental Health; Karla Caballeros, Administrative Assistant for Rhode Island Child Abuse Prevention Network; Kristen Jackson and her hero, Father Jeffrey Jenks; Shannon McComskey and her hero, Thomas Canning; Anthony Ricciutti and his hero, Dad; Matthew Santagata and his hero, Dad; Diana Collins and her hero, Dad (in military); Kailey O'Rourke and her hero, Mr. Evans; Michael Desmarais and his hero, cousin Joey; Danielle DiPippo and her hero, brother Jason; Patrick Crowley and his hero, cousin Eric Kellogg.
Upon suggestion ofSenate Majority Leader Montalbano and Senators Celona, Ruggerio, McBurney and Caprio, and by unanimous consent, the Honorable President welcomes to the Chamber Jimmy Burchfield of North Providence.
Upon suggestion of Senator Gibbs, and by unanimous consent, the Honorable President welcomes to the Chamber Stephanie Salvato, Salve Regina University, Medford, MA; Brydie Bernardo, Salve Regina University, S. Kingston, RI.
Upon suggestion of Senators Parella and Felag, and by unanimous consent, the Honorable President welcomes to the Chamber Kathy Melvin of Portsmouth.
Upon suggestion of Senator Raptakis, and by unanimous consent, the Honorable President welcomes to the Chamber Warwick K-9 officer Thomas Canning and his wife Cheryl Canning of West Greenwich, RI.
Upon suggestion of Senator Caprio, and by unanimous consent, the Honorable President welcomes to the Chamber IBUW Lightweight Champion, Rhode Islander Gary "Tiger" Balletto and his wife Christina Belletto.
Upon suggestion of Senator Sosnowski, and by unanimous consent, the Honorable President welcomes to the Chamber John Howard of Exeter, of Farm Family Insurance Co.
Upon suggestion of Senator Felag, and by unanimous consent, the Honorable President welcomes to the Chamber Roseanne Martin and the Honorable Helen Mathieu, former State Senator.
COMMUNICATION
The Honorable President presents the following communication:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER
January 21, 2003
The Honorable William V. Irons President of the Senate
318 State House
Providence, RI 02903
Dear Senator Irons:
Please be advised that I will be out of town at a continuing education seminar and will be absent from the Senate sessions on Wednesday, April 23 and Thursday, April 24.
I would appreciate your recording my letter in the appropriate Senate Journal.
Thank you.
Sincerely,
LEO R. BLAIS
Senior Deputy Minority Leader
Received and ordered to be placed on file.
REPORTS OF COMMITTEES
COMMITTEE ON JUDICIARY
Senator McCaffrey, from the Committee on Judiciary, reports back, with recommendation that advice and consent of the Senate be given to the following:
Appointment of Ms. Christine S. Jabour of Barrington as Clerk/Magistrate of the District Court for a term of ten (10) years.
Read and ordered to be placed on the Calendar.
COMMITTEE ON HEALTH AND
HUMAN SERVICES
Senator Roberts, from the Committee on Health and Human Services, reports back, with recommendation of passage of the following measures:
(03-S 28) (Substitute "A") An Act relating to health and safety - sanitation standards for bathing beaches.
Read and ordered to be placed on the Calendar.
(03-S 105) (Substitute "A") An Act relating to health and safety.
Read and ordered to be placed on the Calendar.
(03-S 132) An Act relating to businesses and professions.
Read and ordered to be placed on the Calendar.
(03-S 151) (Substitute "A") An Act relating to health and safety - nursing working mothers.
Read and ordered to be placed on the Calendar.
(03-S 162) (Substitute "A") An Act relating to health and safety.
Read and ordered to be placed on the Calendar.
(03-S 318) (Substitute "A") An Act relating to health and safety - Department of Health.
Read and ordered to be placed on the Calendar.
(03-S 441) (Substitute "A") An Act relating to health and safety - assisted living residence licensing act.
Read and ordered to be placed on the Calendar.
(03-S 445) (Substitute "A") Joint Resolution creating a special legislative commission to study the nursing crisis in Rhode Island nursing homes.
Read and ordered to be placed on the Calendar.
(03-S 872) (Substitute "A") An Act relating to human services - encouraging volunteer efforts of physicians and dentists - at free health clinics.
Read and ordered to be placed on the Calendar.
(03-S 876) (Substitute "A" as amended) An Act relating to long-term care - ombudsperson.
Read and ordered to be placed on the Calendar.
(03-S 883) (Substitute "A") An Act relating to abused and neglected children.
Read and ordered to be placed on the Calendar.
COMMITTEE ON ENVIRONMENT AND
AGRICULTURE
Senator Sosnowski, from the Committee on Environment and Agriculture, reports back, with recommendation of passage of the following measures:
(03-S 220) (Substitute "A") An Act relating to property.
Read and ordered to be placed on the Calendar.
(03-S 270) (Substitute "A") An Act relating to food and drugs - fruits and vegetables generally.
Read and ordered to be placed on the Calendar.
(03-S 413) (Substitute "A") An Act relating to health and safety - refuse disposal.
Read and ordered to be placed on the Calendar.
(03-S 579) (Substitute "A") An Act relating to agriculture and forestry - right to farm.
Read and ordered to be placed on the Calendar.
(03-S 850) (Substitute "A") An Act relating to state affairs and government - Department of Environmental Management.
Read and ordered to be placed on the Calendar.
FROM THE
HOUSE OF REPRESENTATIVES
A message from the House of Representatives transmits with announcement of passage:
(03-H 6280) An Act relating to taxation - levy and assessment of the local taxes.
Senator Badeau requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Badeau, seconded by Senator Ruggerio, and by unanimous consent, read and passed, in concurrence, upon a roll call vote with 35 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
Upon motion of Senator Ruggerio, seconded by Senator Algiere, the following measures on today's Consent Calendar, by unanimous consent, are read and passed, upon a voice vote:
1. (03-S1016) An Act to vacate the forfeiture or revocation of the charter of Block Island Anchor House Inn, Inc.
2. (03-S1017) An Act to vacate the forfeiture or revocation of the charter of Bayrose, LLC.
3. (03-H6279) An Act to vacate the forfeiture or revocation of the charter of Art's Tavern, Inc.
Without objection, (03-H 6279) is ordered held on the desk.
CALENDAR
In order for the day is taken up as follows:
1.
Appointment of Francis X. Flaherty of Warwick VICE Associate Justice John P. Bourcier as Associate Justice of the Rhode Island Supreme Court.
Committee on Judiciary recommends the Senate give its Advice and Consent to this appointment.
Senator McCaffrey, seconded by Senators Walaska, Caprio, Gallo, Sosnowski, Roberts, Perry, Paiva Weed, Goodwin, Ruggerio, Celona, Algiere, Revens, Breene, McBurney, Gibbs, Bates, Parella, Raptakis, Cote, Connors, Alves, Lenihan, Lanzi, Ciccone, Polisena and many more, moves that Advice and Consent of the Senate be given this appointment.
The Honorable President announces that Senator Damiani is at the hospital, and without objection, he will vote for him, on this historic occasion.
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 McCaffrey, and by unanimous consent, the Honorable President welcomes to the Chamber the Honorable Francis X. Flaherty of Warwick, newly confirmed Associate Justice of the Rhode Island Supreme Court, along with his family, his wife Donna, daughter and son-in-law Nicole Flaherty McCarty and Chris McCarty, granddaughter Grace McCarty, sons Michael Flaherty, Sean Flaherty, Brendan Flaherty, and brothers Joseph Flaherty, Dan Flaherty, and the Honorable Robert Flaherty, a member of the House of Representatives.
CALENDAR
2. (03-S355) An Act relating to taxation - levy and assessment of local taxes.
Committee on Commerce, Housing and Municipal Government recommends passage.
Senator Celona moves passage, seconded by Senator Tassoni.
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:
3. (03-S547) An Act relating to taxation - levy and assessment of local taxes.
Committee on Commerce, Housing and Municipal Government recommends passage.
Senator Polisena moves passage, seconded by Senator Celona.
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:
4. (03-S680) An Act relating to corporations, associations and partnerships.
Committee on Commerce, Housing and Municipal Government recommends passage.
Senator Celona moves passage, seconded by Senators DaPonte, Roberts and Tassoni.
The act is read and passed, by unanimous consent, upon a roll call vote with 33 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
5. (03-S825) An Act validating and ratifying an amendment to the charter of the town of North Smithfield.
Committee on Commerce, Housing and Municipal Government recommends passage.
Senator Tassoni moves passage, seconded by Senator Celona and others.
The act is read and passed, by unanimous consent, upon a roll call vote with 32 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
7. (03-S211) An Act relating to criminal offenses - law practice.
Committee on Judiciary recommends passage.
Senator Paiva Weed moves passage, seconded by Senators Roberts, McCaffrey and Connors.
The act is read and passed, by unanimous consent, upon a roll call vote with 32 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
6. (03-S924) An Act relating to validating and ratifying amendments to the home rule charter of the town of Middletown.
Committee on Commerce, Housing and Municipal Government recommends passage.
Senator Gibbs moves passage, seconded by Senator Celona.
The act is read and passed, by unanimous consent, upon a roll call vote with 32 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
8. (03-S715 as amended) An Act relating to motor vehicles - drivers license notification of selective service registration requirement.
Committee on Judiciary recommends passage as amended.
Senator DaPonte moves passage, seconded by Senator Connors.
The act is read and passed, as amended, by unanimous consent, upon a roll call vote with 34 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
9. (03-S917) An Act relating to criminal offenses - children.
Committee on Judiciary recommends passage.
Senator McCaffrey moves passage, seconded by Senator Polisena and others.
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:
10. (03-S586) An Act relating to rural development council.
Committee on Government Oversight recommends passage.
Senator Breene moves passage, seconded by Senators Algiere and Sosnowski.
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-S587) An Act relating to state affairs and government - open meetings.
Committee on Government Oversight recommends passage.
Senator Paiva Weed moves passage, seconded by Senators Celona, Roberts, Perry, Felag, DaPonte and Lenihan.
The act is read and passed, by unanimous consent, upon a roll call vote with 33 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
12. (03-S588) An Act relating to creating the Urban Infrastructure Commission.
Committee on Government Oversight recommends passage.
Senator Lenihan moves passage, seconded by Senators Roberts, Cote, Parella and Perry.
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:
13. (03-S686) An Act relating to state boards and commissions.
Committee on Government Oversight recommends passage.
Senate Majority Leader Montalbano moves passage, seconded by Senators Ruggerio, Polisena and Celona.
Senator Lenihan 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:
14. (03-S710) An Act relating to public officers and employees - code of ethics.
Committee on Government Oversight recommends passage.
Senator Paiva Weed moves passage, seconded by Senators Connors, Felag, Gallo and Perry.
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:
15. (03-S848) An Act relating to state affairs and government - quasi-public corporations.
Committee on Government Oversight recommends passage.
Senator Lenihan moves passage, seconded by Senators Sheehan, Sosnowski, Roberts, Parella, Raptakis, Cote and many others.
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:
Senators Sosnowski, Breene and Blais present (03-S 1020) Senate Resolution memorializing Congress to insure regional equity promised in the 2002 Farm Bill.
Senator Sosnowski requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Sosnowski, seconded by Senator Breene, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.
Senator Gallo presents (03-S 1021) Senate Resolution proclaiming April 24th, 2003 as "Rhode Island Day of Remembrance of the Armenian Genocide" in commemoration of the Armenian Genocide from 1915 to 1923 and honoring Armenian-Americans.
Senator Gallo requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Gallo, seconded by Senators Raptakis, Connors and Issa, 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:
The following item s are received and referred to committee pending any objection of the body on the next legislative day.
Senators Tassoni and Celona present (03-S 1022) An Act relating to parole.
Read and referred to the Committee on Judiciary.
Senators Lenihan and Sheehan present (03-S 1023) An Act relating to Family Court.
Read and referred to the Committee on Judiciary.
ANNOUNCEMENTS
Senator Goodwin announces that the Committee on Constitutional and Gaming Issues will meet today at the rise of the Senate in Room 211 of the State House.
Also:
Senator Sosnowski announces that the Committee on Environment and Agriculture will meet on Thursday, April 24, 2003, at 3:00 o'clock P.M. in the Senate Lounge of the State House.
Also:
Senator Felag announces that the Committee on Finance will meet on Thursday, April 24, 2003, at 2:00 o'clock P.M. in Room 211 of the State House.
Also:
Senator Bates 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 Sheehan announces that the Committee on Health and Human Services will meet today at the rise of the Senate in Room 212 of the State House.
Also:
Senator Raptakis announces that the Committee on Judiciary will meet on Thursday, April 24, 2003, 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.
ADJOURNMENT
Upon motion of Senator DaPonte, seconded by Senator Algiere, the Senate adjourns at 5:20 o'clock P.M.
RAYMOND T. HOYAS, JR.
Secretary of the Senate
Appendix
INVOCATION
PRAYER FOR OUR DEPLOYED TROOPS
SENATOR JUNE N. GIBBS
Almighty God, we ask your blessing upon our deployed ground troops, those at sea and those in the air in Iraq, Afghanistan and the surrounding areas. Hold our Marines, Sailors, Soldiers, Airmen and Coast Guardsmen in the palm of your hand as they enter harm's way. Protect them as they protect us in defense of liberty and freedom. Bless them and their families for the sacrifices and selfless acts they perform for us. Remind us all that courage is not the absence of fear, but the strength to do the right thing in the face of fear, Be with us also here at home as we increase our readiness condition and move forward in support of our nation.
-by Capt. Jane Vieira, U.S. Navy Chaplain
Appendix
CALENDAR
In order for Thursday, April 24, 2003:
1. (03-S309) (Substitute "A") An Act relating to education - school for the deaf.
Committee on Education recommends indefinite postponement of the original bill and passage of Substitute "A".
2. (03-S397) An Act relating to complaints of harassment.
Committee on Education recommends passage.
3. (03-S415) (Substitute "A") An Act relating to education.
Committee on Education recommends indefinite postponement of the original bill and passage of Substitute "A".
4. (03-S416) (Substitute "A") An Act relating to towns and cities.
Committee on Education recommends indefinite postponement of the original bill and passage of Substitute "A".
5. (03-S593) An Act relating to education - school committees and superintendents.
Committee on Education recommends passage.
6. (03-S594) An Act relating to education.
Committee on Education recommends passage.
7. (03-S864) (Substitute "A") An Act relating to education - Board of Governors for Higher Education.
Committee on Education recommends indefinite postponement of the original bill and passage of Substitute "A".
8. (03-S866) An Act relating to education.
Committee on Education recommends passage.
9. (03-S867) An Act relating to education - private schools.
Committee on Education recommends passage.
10. (03-S948 as amended) An Act relating to motor and other vehicles - operators' and chauffeurs' licenses.
Committee on Education recommends passage as amended.
11. (03-S19) An Act relating to victims economic security and safety.
Committee on Labor recommends passage.
12. (03-S43) (Substitute "A") An Act relating to corrections department.
Committee on Labor recommends indefinite postponement of the original bill and passage of Substitute "A".
13. (03-S241) An Act relating to businesses and professions - electricians.
Committee on Labor recommends passage.
14. (03-S602) An Act relating to safety awareness.
Committee on Labor recommends passage.
15. (03-S858) An Act relating to industrial legislation.
Committee on Labor recommends passage.
Appendix
CALENDAR
In order for Tuesday, April 29, 2003:
1.
Appointment of Ms. Christine S. Jabour of Barrington as Clerk/Magistrate of the District Court for a term of ten (10) years.
Committee on Judiciary recommends that the Senate give its advice and consent to this appointment.
2. (03-S220) (Substitute "A") An Act relating to property.
Committee on Environment and Agriculture recommends indefinite postponement of the original bill and passage of Substitute "A".
3. (03-S270) (Substitute "A") An Act relating to food and drugs - fruits and vegetables generally.
Committee on Environment and Agriculture recommends indefinite postponement of the original bill and passage of Substitute "A".
4. (03-S413) (Substitute "A") An Act relating to health and safety - refuse disposal.
Committee on Environment and Agriculture recommends indefinite postponement of the original bill and passage of Substitute "A".
5. (03-S579) (Substitute "A") An Act relating to agriculture and forestry - right to farm.
Committee on Environment and Agriculture recommends indefinite postponement of the original bill and passage of Substitute "A".
6. (03-S850) (Substitute "A") An Act relating to state affairs and government - Department of Environmental Management.
Committee on Environment and Agriculture recommends indefinite postponement of the original bill and passage of Substitute "A".
7. (03-S28) (Substitute "A") An Act relating to health and safety - sanitation standards for bathing beaches.
Committee on Health and Human Services recommends indefinite postponement of the original bill and passage of Substitute "A".
8. (03-S105) (Substitute "A") An Act relating to health and safety.
Committee on Health and Human Services recommends indefinite postponement of the original bill and passage of Substitute "A".
9. (03-S132) An Act relating to businesses and professions.
Committee on Health and Human Services recommends passage.
10. (03-S151) (Substitute "A") An Act relating to health and safety - nursing working mothers.
Committee on Health and Human Services recommends indefinite postponement of the original bill and passage of Substitute "A".
11. (03-S162) (Substitute "A") An Act relating to health and safety.
Committee on Health and Human Services recommends indefinite postponement of the original bill and passage of Substitute "A".
12. (03-S318) (Substitute "A") An Act relating to health and safety - Department of Health.
Committee on Health and Human Services recommends indefinite postponement of the original bill and passage of Substitute "A".
13. (03-S441) (Substitute "A") An Act relating to health and safety - assisted living residence licensing act.
Committee on Health and Human Services recommends indefinite postponement of the original bill and passage of Substitute "A".
14. (03-S445) (Substitute "A") Joint Resolution creating a special legislative commission to study the nursing crisis in Rhode Island nursing homes.
Committee on Health and Human Services recommends indefinite postponement of the original bill and passage of Substitute "A".
15. (03-S872) (Substitute "A") An Act relating to human services - encouraging volunteer efforts of physicians and dentists - at free health clinics.
Committee on Health and Human Services recommends indefinite postponement of the original bill and passage of Substitute "A".
16. (03-S876) (Substitute "A" as amended) An Act relating to long-term care - ombudsperson.
Committee on Health and Human Services recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.
17. (03-S883) (Substitute "A") An Act relating to abused and neglected children.
Committee on Health and Human Services recommends indefinite postponement of the original bill and passage of Substitute "A".
RAYMOND T. HOYAS, JR.
Secretary of the Senate
Wednesday, April 23, 2003
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