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.59 |
Wednesday, June 11, 2003 |
Fifty-ninth Day |
The Senate meets pursuant to adjournment and is called to order by the Honorable William V. Irons, President of the Senate, at 4:08 o'clock P.M.
The roll is called and a quorum is declared present with 34 Senators present and 4 Senators absent as follows:
PRESENT - 36: The Honorable President Irons and Senators Alves, 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, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.
ABSENT - 2: Senators Algiere, Raptakis.
INVOCATION
The Honorable President, by unanimous consent, presents Senator Gallo, to deliver the invocation.
(See Appendix for Invocation)
PLEDGE OF ALLEGIANCE TO THE FLAG
The Honorable President, by unanimous consent, presents Senator Gallo, to lead the Senate in the pledge of allegiance to the flag.
APPROVAL OF RECORD
The Senate Journal of Tuesday, June 10, 2003 proceedings is read in part.
Upon suggestion of Senator Gallo, and by unanimous consent, further reading of the Journal is dispensed with and the Journal approved as recorded.
COMMUNICATION
The Honorable President presents the following communications:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONSSENATE CHAMBER
June 5, 2003
The Honorable William V. Irons
President of the Senate
317 State House
Providence, RI 02903
Dear Mr. President:
Please be advised that I will be out of state on business and unable to attend the Senate session on Wednesday, June 11, 2003.
I would appreciate your recording my letter in the appropriate Senate Journal.
Thank you for your assistance.
Sincerely,
DENNIS L. ALGIERE
Senate Minority Leader
Received and ordered to be placed on file.
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONSSENATE CHAMBER
June 11, 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 on Wednesday, June 11, 2003, as I will be out of the state attending a conference.
I would appreciate your recording my letter in the appropriate Senate Journal.
Thank you for your attention to this matter.
Warmest regards,
LEONIDAS P. RAPTAKIS
Senator, District 33
Received and ordered to be placed on file.
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 PLANTATIONSEXECUTIVE CHAMBER, PROVIDENCE
Donald L. Carcieri
Governor
June 5, 2003
To the Honorable, the Senate:
I have the honor to inform you that in accordance with the provisions of Section 46-23-2 of the Rhode Island General Laws, I have made the following appointment to the Coastal Resources Management Council:
Laurence W. Ehrhardt, Sr. of North Kingstown
Public Member
VICE
Pamela Pogue
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 Environment and Agriculture.
Also:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONSEXECUTIVE CHAMBER, PROVIDENCE
Donald L. Carcieri
Governor
May 22, 2003
To the Honorable, the Senate:
I have the honor to inform you that in accordance with the provisions of Section 42-55-4 of the Rhode Island General Laws, I have made the following appointment to the Rhode Island Housing and Mortgage Finance Corporation:
Denise A. Barge of Cranston
VICE
Henry V. Johnson, Jr.
for a term to expire July 1, 2004.
To this appointment, I respectfully request your advice and consent.
Sincerely,
DONALD L. CARCIERI
Governor
Read and referred to the Committee on Commerce, Housing and Municipal Government.
REPORTS OF COMMITTEES
COMMITTEE ON FINANCE
Senator Alves, from the Committee on Finance, reports back, with recommendation of passage of the following measures:
(03-S 84) An Act relating to highways - construction and maintenance of state roads.
Read and ordered to be placed on the Calendar.
(03-S 756) An Act relating to taxation - sales and use taxes - liability and computation.
Read and ordered to be placed on the Calendar.
(03-H 5028) (Substitute "A") An Act relating to taxation - veterans' exemption - total disability.
Read and ordered to be placed on the Calendar.
(03-H 5225) Joint Resolution making an appropriation to pay certain veterans' bonuses.
Read and ordered to be placed on the Calendar.
(03-H 5226) Joint Resolution making an appropriation to pay certain veterans' bonuses.
Read and ordered to be placed on the Calendar.
(03-H 5232) Joint Resolution making an appropriation to pay certain veterans' bonuses.
Read and ordered to be placed on the Calendar.
(03-H 5234) Joint Resolution making an appropriation to pay certain veterans' bonuses.
Read and ordered to be placed on the Calendar.
(03-H 5646) An Act relating to public officers and employees - election workers.
Read and ordered to be placed on the Calendar.
(03-H 6034) An Act relating to health and safety.
Read and ordered to be placed on the Calendar.
(03-H 6165) An Act relating to the Persian Gulf War Information Relief Commission.
Read and ordered to be placed on the Calendar.
(03-H 6227) An Act relating to taxation - property subject to taxation.
Read and ordered to be placed on the Calendar.
(03-H 6261) An Act relating to taxation - town of Scituate.
Read and ordered to be placed on the Calendar.
COMMITTEE ON COMMERCE, HOUSING
AND MUNICIPAL GOVERNMENT
Senator Celona, from the Committee on Commerce, Housing and Municipal Government, reports back, with recommendation of passage of the following measures:
(03-S 536) (Substitute "A") An Act relating to insurance - small employer health insurance availability act.
Read and ordered to be placed on the Calendar.
(03-S 553 as amended) An Act relating to health and safety - health care accessibility and quality assurance act.
Read and ordered to be placed on the Calendar.
COMMITTEE ON GOVERNMENT OVERSIGHT
Senator Lenihan, from the Committee on Government Oversight, reports back, with recommendation of passage of the following measure:
(03-H 6067 as amended) An Act relating to creating the Urban Infrastructure Commission.
Read and ordered to be placed on the Calendar.
COMMITTEE ON COMMERCE, HOUSING
AND MUNICIPAL GOVERNMENT
Senator Celona, from the Committee on Commerce, Housing and Municipal Government, reports back, with recommendation that the Advice and Consent of the Senate be given to the following appointments:
Appointment of Susan Sweet of Rumford (Senior Housing Advocate Seat) VICE Sheila Cabral Sousa to the Rhode Island Housing Resources Commission for a term expiring January 31, 2006.
Read and ordered to be placed on the Consent Calendar.
Appointment of Mark VanNoppen of Providence (Representative of the Rhode Island Builders Association) VICE Armand F. Ferland to the Rhode Island Housing Resources Commission for a term expiring January 31, 2006.
Read and ordered to be placed on the Consent 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 Fogarty, Gallo, Sheehan, Walaska and Caprio present (03-S 1139) Senate Resolution thanking Paul Shawver for his 32 years of dedicated and devoted service to young people as a teacher and 25 years as a high school girls basketball coach and wishing him a most happy retirement.
Senator Fogarty requests unanimous consent for immediate consideration.
Unanimous consent for immediate consideration is granted.
Upon motion of Senator Fogarty, seconded by the entire Senate, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.
Senator Lenihan presents (03-S 1140) Joint Resolution to approve and publish and submit to the electors a proposition of amendment to the Constitution of the State (separation of powers).
Upon suggestion of Senator Lenihan, and without objection, the rules of the Senate are suspended, to allow for immediate committee consideration, and if the act shall pass committee, for immediate placement on the Calendar.
Without objection, so ordered.
Read and referred to the Committee on Government Oversight.
Senator Parella presents (03-S 1141) An Act authorizing the town of Portsmouth to issue general obligation bonds and/or notes in an amount not to exceed $3,800,000 to construct a field house facility, including a gymnasium for Portsmouth High School.
Read and referred to the Committee on Finance.
Senator Blais presents (03-S 1142) An Act to vacate the forfeiture or revocation of the charter of Foster Senior Housing, Inc.
Read and ordered to be placed on the Calendar.
Senator Tassoni presents (03-S 1143) An Act to vacate the forfeiture or revocation of the charter of Riteway Properties, Inc.
Read and ordered to be placed on the Calendar.
Senator Goodwin presents (03-S 1144) An Act relating to alcoholic beverages - retail licenses.
Read and referred to the Committee on Constitutional and Gaming Issues.
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, upon a voice vote:
1. Reappointment of Daniel W. Varin of Providence (Public Member) to the Water Resources Board for a term expiring March 1, 2006.
2. Appointment of Harriet Powell of Saunderstown (Representing Southern Rhode Island Conservation District) VICE Richard Harrison (resigned) to the Rhode Island Rural Development Council for a term expiring July 1, 2003.
3. Appointment of Ross L. Aker of Exeter (local official from rural community) VICE Kenneth L. Fernstrom to the Rhode Island Rural Development Council for a term expiring July 1, 2003.
4. (03-S1133) An Act to vacate the forfeiture or revocation of the charter of the Fitness Connection, Inc.
5. (03-S1136) An Act to vacate the forfeiture or revocation of the charter of Caribe Tropical Foods, Inc.
6. (03-S1137) An Act to vacate the forfeiture or revocation of the charter of J.C. Jewelry, Inc.
7. (03-S1138) An Act to vacate the forfeiture or revocation of the charter of Silva Environmental & Associates, Inc.
CALENDAR
In order for the day is taken up as follows:
1. (03-S827) (Substitute "A") An Act relating to businesses and professions - nurses.
Committee on Commerce, Housing and Municipal Government recommends indefinite postponement of the original bill and passage of Substitute "A".
Senator Polisena moves passage, seconded by Senator Celona and others.
Senator Polisena, seconded by Senators Roberts, Celona, Gallo and others, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(03-S 827) (Substitute "A")
Mr. President:
I hereby move to amend (03-S 827) (Substitute "A") entitled "AN ACT RELATING TO BUSINESSES AND PROFESSIONS - NURSES", as follows:
(1) On page 6, line 18 by adding the language "furnished satisfactory proof that he or she", after the word "Has".
(2) On page 6, line 19, by adding the language: "or is a graduate of an approved school of professional nursing or was a student in good standing at an approved school of professional nursing before completing the program of studies and, at the time of withdrawal, had completed a program of study, theory and clinical practice equivalent to that required for graduation from an approved school of practical nursing" after the word "program".
Respectfully submitted,
JOSEPH M. POLISENA
Senator, District 25
The motion to amend prevails upon a roll call vote with 31 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 31:
The Honorable President Irons and Senators Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Ciccone, Connors, Cote, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, McCaffrey, Montalbano, Paiva Weed, Parella, Pichardo, Polisena, Revens, Roberts, Ruggerio, Sheehan, Tassoni, Walaska.
NAYS - 0.
Upon motion of Senator Polisena, seconded by Senators Roberts, Celona, Gallo, Perry and others, the bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 32 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 32:
The Honorable President Irons and Senators Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Ciccone, Connors, Cote, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, McCaffrey, Montalbano, Paiva Weed, Parella, Perry, Pichardo, Polisena, Revens, Roberts, Ruggerio, Sheehan, Tassoni, Walaska.
NAYS - 0.
2. (03-S1023) An Act relating to Family Court.
Committee on Judiciary recommends passage.
Senator Lenihan moves passage, seconded by Senators Parella, Ruggerio and Sheehan.
Senator Lenihan, seconded by Senators Parella, Ruggerio and Sheehan, offers the following written motion to amend:
FLOOR AMENDMENT
TO
(03-S 1023)
Mr. President:
I hereby move to amend (03-S 1023) entitled "AN ACT RELATING TO FAMILY COURT", as follows:
(1) On page 1, lines 3 and 4, by deleting the language "Any city, town or municipality in this state" and inserting in place thereof the language "The Town of North Kingstown".
(2) On page 1, line 5, by deleting the language "any city," and inserting in place thereof the word "the".
(3) On page 1, line 5, by deleting the language "or municipality rule,".
(4) On page 2, line 1, by deleting the language "any city, town or municipality" and inserting in place thereof the language "North Kingstown".
Respectfully submitted,
J. MICHAEL LENIHAN
Senator, District 35
The motion to amend prevails upon a roll call vote with 30 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 30:
The Honorable President Irons and Senators Alves, Badeau, Bates, Breene, Caprio, Celona, Ciccone, Connors, Cote, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, McCaffrey, Paiva Weed, Parella, Perry, Pichardo, Polisena, Revens, Roberts, Ruggerio, Sheehan, Tassoni, Walaska.
NAYS - 0.
Upon motion of Senator Lenihan, seconded by Senators Parella, Ruggerio and Sheehan, the act is read and passed, as amended, by unanimous consent, upon a roll call vote with 30 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 30:
The Honorable President Irons and Senators Alves, Badeau, Bates, Breene, Caprio, Celona, Ciccone, Connors, Cote, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, McCaffrey, Paiva Weed, Parella, Perry, Pichardo, Polisena, Revens, Roberts, Ruggerio, Sheehan, Tassoni, Walaska.
NAYS - 0.
3. (03-S1086) An Act relating to alcoholic beverages - retail licenses.
Committee on Constitutional and Gaming Issues recommends passage.
Senator Roberts moves passage, seconded by Senators Goodwin, Gallo and Lanzi.
The act is read and passed, by unanimous consent, upon a roll call vote with 29 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 29:
The Honorable President Irons and Senators Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Ciccone, Cote, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, McCaffrey, Paiva Weed, Parella, Perry, Pichardo, Polisena, Revens, Roberts, Ruggerio, Tassoni, Walaska.
NAYS - 0.
4. (03-S831) (Substitute "A" as amended) An Act relating to insurance - nonprofit hospital corporations.
Committee on Commerce, Housing and Municipal Government recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.
Senator Roberts moves passage, seconded by Senators Sheehan, Polisena and Parella.
The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 31 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 31:
The Honorable President Irons and Senators Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Ciccone, Connors, Cote, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, McCaffrey, Paiva Weed, Parella, Perry, Polisena, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.
NAYS - 0.
5. (03-S443) (Substitute "A") An Act relating to businesses and professions - nurses.
Committee on Health and Human Services recommends indefinite postponement of the original bill and passage of Substitute "A".
Upon suggestion of Senator Ruggerio, and without objection, ordered to be recommitted to the Committee on Health and Human Services.
7. (03-H5840) (Substitute "A") An Act relating to health care - home and community care services to the elderly.
Committee on Health and Human Services recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.
Senator Gibbs moves passage, seconded by Senator Roberts.
The bill marked Substitute "A" is read and passed, in concurrence, and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 31 Senators voting in the affirmative, 0 Senators voting in the negative and 1 Senator abstaining as follows:
YEAS - 31:
The Honorable President Irons and Senators Alves, Badeau, Bates, Blais, Breene, Caprio, Ciccone, Connors, Cote, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, McCaffrey, Paiva Weed, Parella, Perry, Pichardo, Polisena, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.
NAYS - 0.
ABSTAINED - 1: Senator Celona.
6. (03-S567) (Substitute "A" as amended) An Act relating to health and safety - Rhode Island Workers' Safety Act of 2003.
Committee on Health and Human Services recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.
Senator Sosnowski moves passage, seconded by Senators Roberts, Polisena, Sheehan, Perry, Gibbs, Parella and others.
Senators Roberts, Polisena, Perry, Sheehan andSenate Majority Leader Montalbano discuss the act.
The bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, upon a roll call vote with 25 Senators voting in the affirmative, 7 Senators voting in the negative and 1 Senator abstaining as follows:
YEAS - 25:
The Honorable President Irons and Senators Badeau, Bates, Blais, Ciccone, Fogarty, Gibbs, Goodwin, Issa, Lanzi, Lenihan, McBurney, McCaffrey, Montalbano, Parella, Perry, Pichardo, Polisena, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.
NAYS - 7: Senator Alves, Breene, Caprio, Cote, Felag, Gallo, Paiva Weed.
ABSTAINED - 1: Senator Celona.
8. (03-S599 as amended) An Act relating to businesses and professions - telecommunications.
Committee on Labor recommends passage as amended.
Senator Ruggerio moves passage, seconded by Senators Badeau and Polisena.
The act is read and passed, as amended, by unanimous consent, upon a roll call vote with 33 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 33:
The Honorable President Irons and Senators Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Ciccone, Cote, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Perry, Pichardo, Polisena, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.
NAYS - 0.
9. (03-S626) (Substitute "A" as amended) An Act relating to workers' compensation - benefits.
Committee on Labor recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.
Upon suggestion of Senator Badeau, and without objection, ordered to be placed on the Calendar for Wednesday, June 18, 2003.
10. (03-S861) (Substitute "A" as amended) An Act relating to labor and labor relations - transportation of workers.
Committee on Labor recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.
Upon suggestion of Senator Pichardo, and without objection, ordered to be placed on the Calendar for Wednesday, June 18, 2003.
11. (03-H5529) An Act relating to businesses and professions - electricians.
Committee on Labor recommends passage in concurrence.
Senator Badeau moves passage, seconded by Senators Ruggerio, Tassoni and Ciccone.
The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 32 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 32:
The Honorable President Irons and Senators Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Ciccone, Cote, Felag, Fogarty, Gallo, Gibbs, Goodwin, Lanzi, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Perry, Pichardo, Polisena, Revens, Roberts, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.
NAYS - 0.
12. (03-H5675) An Act relating to public property and works - labor and payment of debts by contractors.
Committee on Labor recommends passage in concurrence.
Senator Badeau moves passage, seconded by Senators Tassoni, Ciccone and Ruggerio.
The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 32 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 32:
The Honorable President Irons and Senators Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Ciccone, Cote, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Perry, Pichardo, Polisena, Revens, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.
NAYS - 0.
13. (03-H5989) (Substitute "A") An Act relating to employment security - general provisions.
Committee on Labor recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.
Senator Badeau moves passage, seconded by Senators Ciccone, Tassoni and Ruggerio.
The bill marked Substitute "A" is read and passed, in concurrence, and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 32 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 32:
The Honorable President Irons and Senators Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Ciccone, Cote, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Perry, Pichardo, Polisena, Revens, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.
NAYS - 0.
14. (03-H5991) An Act relating to electricians.
Committee on Labor recommends passage in concurrence.
Senator Badeau moves passage, seconded by Senators Ruggerio, Ciccone and Tassoni.
The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 32 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 32:
The Honorable President Irons and Senators Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Ciccone, Cote, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Perry, Pichardo, Polisena, Revens, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.
NAYS - 0.
15. (03-H5992) An Act relating to industrial legislation.
Committee on Labor recommends passage in concurrence.
Senator Badeau moves passage, seconded by Senator Ciccone.
The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 30 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 30:
The Honorable President Irons and Senators Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Ciccone, Cote, Felag, Fogarty, Gallo, Gibbs, Goodwin, Lanzi, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Pichardo, Polisena, Revens, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.
NAYS - 0.
16. (03-H5993) An Act relating to employment security - taxable wage base.
Committee on Labor recommends passage in concurrence.
Senator Badeau moves passage, seconded by Senators Ciccone, Tassoni and Ruggerio.
The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 32 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 32:
The Honorable President Irons and Senators Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Ciccone, Cote, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Perry, Pichardo, Polisena, Revens, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.
NAYS - 0.
17. (03-H5995) An Act relating to businesses and professions.
Committee on Labor recommends passage in concurrence.
Senator Badeau moves passage, seconded by Senators Tassoni, Ciccone and Ruggerio.
The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 33 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 33:
The Honorable President Irons and Senators Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Ciccone, Connors, Cote, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Perry, Pichardo, Polisena, Revens, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.
NAYS - 0.
18. (03-H6026) An Act relating to occupational safety.
Committee on Labor recommends passage in concurrence.
Senator Badeau moves passage, seconded by Senators Ciccone, Tassoni and Ruggerio.
The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 33 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 33:
The Honorable President Irons and Senators Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Ciccone, Connors, Cote, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Perry, Pichardo, Polisena, Revens, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.
NAYS - 0.
19. (03-S205) (Substitute "A") Joint Resolution creating a special legislative commission to study the feasibility of establishing the Office of Inspector General.
Committee on Government Oversight recommends indefinite postponement of the original bill and passage of Substitute "A".
Senator Connors moves passage, seconded by Senators Breene, Parella, Ciccone and others.
The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, by unanimous consent, upon a roll call vote with 32 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 32:
The Honorable President Irons and Senators Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Ciccone, Connors, Cote, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Perry, Pichardo, Polisena, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.
NAYS - 0.
20. (03-S724) (Substitute "A") An Act relating to public officers and employees - code of ethics.
Committee on Government Oversight recommends indefinite postponement of the original bill and passage of Substitute "A".
Upon suggestion of Senator Paiva Weed, and without objection, ordered to be placed on the Calendar for Thursday, June 12, 2003.
21. (03-H5663) An Act relating to state affairs and government - open meetings.
Committee on Government Oversight recommends passage in concurrence.
Senator Paiva Weed moves passage, seconded by Senators Gallo, Pichardo and Lenihan.
The act is read and passed, in concurrence, by unanimous consent, upon a roll call vote with 33 Senators voting in the affirmative and 0 Senators voting in the negative as follows:
YEAS - 33:
The Honorable President Irons and Senators Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Ciccone, Connors, Cote, Felag, Fogarty, Gallo, Gibbs, Goodwin, Issa, Lanzi, Lenihan, McBurney, McCaffrey, Montalbano, Paiva Weed, Parella, Perry, Pichardo, Polisena, Revens, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska.
NAYS - 0.
GUESTS
Upon suggestion of Senator Fogarty, and by unanimous consent, the Honorable President welcomes to the Chamber recipients of the Gold Award, Girls Scouts of America - Highest Honor, and members of Troop 287, Burrillville: Brittany Rousseau, Erin Boucher, Tia Silvestri, Heather Hopkins and Sarah Gautreau.
Upon suggestion of Senator Cote, and by unanimous consent, the Honorable President welcomes to the Chamber the Honorable Helen Nichols, former State Representative from Woonsocket, and her husband Oscar Nichols.
ANNOUNCEMENTS
Senator Fogarty announces that the Committee on Commerce, Housing and Municipal Government will meet on Thursday, June 12, 2003, at 2:00 o'clock P.M. in Room 212 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 Lenihan announces that the Committee on Oversight will meet today at the rise of the Senate in Room 313 of the State House.
RECOMMITTAL
Upon suggestion of Senator Ruggerio, and without objection, (03-H 5666 as amended) An Act relating to elections, is removed from Thursday's Calendar and recommitted to the Committee on Judiciary.
FROM THE DESK
Upon suggestion of Senator Ruggerio, and without objection, the following two acts are removed from the desk and acted on as follows:
(03-S 401 as amended) An Act authorizing the city of Providence to convey certain property dedicated for park purposes.
Read and ordered to be placed on the Calendar.
(03-S 843) (Substitute "A") An Act relating to public utilities and carriers.
Read and referred to the Committee on Financial Services, Technology and Regulatory Issues.
TRANSMITTAL
By unanimous consent, all Senate matters, House matters that have been amended by the Senate, and (03-H 6375) on the Secretary's desk are ordered to be transmitted to His Excellency, the Governor or to the Honorable House of Representatives forthwith and all House matters, passed in concurrence, are ordered placed on the desk.
RECESS
Upon suggestion of Senator Ruggerio, and by unanimous consent, the Senate stands at recess at 4:50 o'clock P.M. until the call of the Chair.
CALLED TO ORDER
The Senate is called to order at 4:12 o'clock P.M. on Thursday, June 12, 2003.
COMMITTEE ON GOVERNMENT OVERSIGHT
Senator Lenihan, from the Committee on Government Oversight, reports back, with recommendation of passage of the following measures:
(03-S 1140 as amended) Joint Resolution to approve and publish and submit to the electors a proposition of amendment to the Constitution of the State (separation of powers).
Read and ordered to be placed on the Calendar.
(03-H 5081 as amended) Joint Resolution to approve and publish and submit to the electors a proposition of amendment to the Constitution of the State (separation of powers).
Read and ordered to be placed on the Calendar.
ADJOURNMENT
Upon motion of Senator Ruggerio, seconded by Senator Algiere, the Senate adjourns at 4:12 o'clock P.M.
RAYMOND T. HOYAS, JR.
Secretary of the Senate
Appendix
INVOCATION
SENATOR HANNA M. GALLO
Eternal Father, give us Your wisdom and grace to make this state a better place for your children. Guide all of us in this chamber and all others you have placed in a position of trust to uphold what is right and seek what is true. Amen.
Appendix
CONSENT CALENDAR
In order for Thursday, June 12, 2003:
1. Appointment of Mark VanNoppen of Providence (Representative of the Rhode Island Builders Association) VICE Armand F. Ferland to the Rhode Island Housing Resources Commission for a term expiring January 31, 2006.
Committee on Commerce, Housing and Municipal Government recommends that the Senate give its Advice and Consent to this appointment.
2. Appointment of Susan Sweet of Rumford (Senior Housing Advocate Seat) VICE Sheila Cabral Sousa to the Rhode Island Housing Resources Commission for a term expiring January 31, 2006.
Committee on Commerce, Housing and Municipal Government recommends that the Senate give its Advice and Consent to this appointment.
3. (03-S1142) An Act to vacate the forfeiture or revocation of the charter of Foster Senior Housing, Inc.
Ordered on the Consent Calendar.
4. (03-S1143) An Act to vacate the forfeiture or revocation of the charter of Riteway Properties, Inc.
Ordered on the Consent Calendar.
RAYMOND T. HOYAS, JR.
Secretary of the Senate
Wednesday, June 11, 2003
Appendix
CALENDAR
In order for Thursday, June 12, 2003:
1. (03-S1140 as amended) 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 as amended.
2. (03-H5081 as amended) 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 as amended.
3. (03-S724) (Substitute "A") An Act relating to public officers and employees - code of ethics.
Committee on Government Oversight recommends indefinite postponement of the original bill and passage of Substitute "A".
4. (03-S961) An Act relating to motor vehicles - size, weight and load limits.
Committee on Commerce, Housing and Municipal Government recommends passage.
5. (03-S580 as amended) An Act relating to ground water protection.
Committee on Environment and Agriculture recommends passage as amended.
6. (03-H5063) An Act relating to insurance.
Committee on Financial Services, Technology and Regulatory Issues recommends passage in concurrence.
7. (03-H5091) (Substitute "A") An Act relating to insurance - fire insurance policies and reserves.
Committee on Financial Services, Technology and Regulatory Issues recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.
8. (03-H5362) (Substitute "A") An Act relating to insurance.
Committee on Financial Services, Technology and Regulatory Issues recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.
9. (03-H5368) (Substitute "A") An Act relating to unfair competition and practices.
Committee on Financial Services, Technology and Regulatory Issues recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.
10. (03-H5476) (Substitute "A") An Act relating to insurance - federal riot reinsurance reimbursement fund.
Committee on Financial Services, Technology and Regulatory Issues recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.
11. (03-H5901) An Act relating to insurance - nonrenewal and premium coverage changes.
Committee on Financial Services, Technology and Regulatory Issues recommends passage in concurrence.
12. (03-H5911 as amended) An Act relating to businesses and professions - telephone sales.
Committee on Financial Services, Technology and Regulatory Issues recommends passage as amended.
13. (03-H5860) Joint Resolution proclaiming 2003 to be the "Year of the Woonasquatucket" in Rhode Island.
Committee on Constitutional and Gaming Issues recommends passage in concurrence.
14. (03-H6043) Joint Resolution declaring June as "Rivers Month" in the state of Rhode Island.
Committee on Constitutional and Gaming Issues recommends passage in concurrence.
15. (03-H5083) (Substitute "A") An Act relating to food and drugs - fruits and vegetables generally.
Committee on Health and Human Services recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.
16. (03-S610) An Act relating to towns and cities - relief of firefighters and police officers.
Committee on Judiciary recommends passage.
17. (03-S691) (Substitute "A") An Act relating to Children, Youth and Families Department - confidentiality of records.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".
18. (03-S1106) An Act relating to domestic relations - divorce and separation.
Committee on Judiciary recommends passage.
19. (03-H5016) An Act relating to the town of Scituate - Juvenile Hearing Board.
Committee on Judiciary recommends passage in concurrence.
20. (03-H5122) (Substitute "A") An Act relating to property - residential landlord and tenant act.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.
21. (03-H5254) (Substitute "A" as amended) An Act relating to criminal offenses - abandonment and nonsupport.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.
22. (03-H5375) (Substitute "B") An Act relating to criminals - correctional institutions - parole.
Committee on Judiciary recommends indefinite postponement of the original bill and the Substitute "A" and passage of Substitute "B".
23. (03-H5479) (Substitute "A") An Act relating to property - mortgage foreclosures.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.
24. (03-H6031) An Act relating to criminal offenses - assaults.
Committee on Judiciary recommends passage in concurrence.
25. (03-H6137) (Substitute "A") An Act relating to motor and other vehicles - Rhode Island Uniform Commercial Driver's License Act.
Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.
Appendix
CALENDAR
In order for Tuesday, June 17, 2003:
1. (03-S1114) An Act relating to taxation - town of Lincoln.
Committee on Commerce, Housing and Municipal Government recommends passage.
2. (03-S401 as amended) An Act authorizing the city of Providence to convey certain property dedicated for park purposes.
Committee on Commerce, Housing and Municipal Government recommends passage as amended.
3. (03-S536) (Substitute "A") An Act relating to insurance - small employer health insurance availability act.
Committee on Commerce, Housing and Municipal Government recommends indefinite postponement of the original bill and passage of Substitute "A".
4. (03-S553 as amended) An Act relating to health and safety - health care accessibility and quality assurance act.
Committee on Commerce, Housing and Municipal Government recommends passage as amended.
5. (03-S84) An Act relating to highways - construction and maintenance of state roads.
Committee on Finance recommends passage.
6. (03-S756) An Act relating to taxation - sales and use taxes - liability and computation.
Committee on Finance recommends passage.
7. (03-H5028) (Substitute "A") An Act relating to taxation - veterans' exemption - total disability.
Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A".
8. (03-H5225) Joint Resolution making an appropriation to pay certain veterans' bonuses.
Committee on Finance recommends passage in concurrence.
9. (03-H5226) Joint Resolution making an appropriation to pay certain veterans' bonuses.
Committee on Finance recommends passage in concurrence.
10. (03-H5232) Joint Resolution making an appropriation to pay certain veterans' bonuses.
Committee on Finance recommends passage in concurrence.
11. (03-H5234) Joint Resolution making an appropriation to pay certain veterans' bonuses.
Committee on Finance recommends passage in concurrence.
12. (03-H5646) An Act relating to public officers and employees - election workers.
Committee on Finance recommends passage in concurrence.
13. (03-H6034) An Act relating to health and safety.
Committee on Finance recommends passage in concurrence.
14. (03-H6165) An Act relating to the Persian Gulf War Information Relief Commission.
Committee on Finance recommends passage in concurrence.
15. (03-H6227) An Act relating to taxation - property subject to taxation.
Committee on Finance recommends passage in concurrence.
16. (03-H6261) An Act relating to taxation - town of Scituate.
Committee on Finance recommends passage in concurrence.
17. (03-H6067 as amended) An Act relating to creating the Urban Infrastructure Commission.
Committee on Government Oversight recommends passage as amended.
Appendix
CALENDAR
In order for Wednesday, June 18, 2003:
1. (03-S626) (Substitute "A" as amended) An Act relating to workers' compensation - benefits.
Committee on Labor recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.
2. (03-S861) (Substitute "A" as amended) An Act relating to labor and labor relations - transportation of workers.
Committee on Labor recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.
RAYMOND T. HOYAS, JR.
Secretary of the Senate
Wednesday, June 11, 2003
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