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.6 Tuesday, January 21, 2003 Sixth Day


The Senate meets pursuant to adjournment and is called to order by the Honorable William V. Irons,
President of the Senate, at 4:10 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, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Ciccone, Connors, Cote, 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 Damiani.

INVOCATION


The Honorable President, by unanimous consent, presents Senator Paiva Weed, to deliver the invocation.

(See Appendix for Invocation)


PLEDGE OF ALLEGIANCE TO THE FLAG


The Honorable President, by unanimous consent, presents Senator Paiva Weed, to lead the Senate in the pledge of allegiance to the flag.

APPROVAL OF RECORD


The Senate Journal of Wednesday, January 15, 2003 proceedings is read in part.

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

GUEST


Upon suggestion of Senator Perry, and by unanimous consent, the Honorable President welcomes to the Chamber Carrie Nordlund of Brown University, who will be serving as an intern this year.

APPOINTMENT BY THE GOVERNOR


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

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER, PROVIDENCE


Donald L. Carcieri
Governor

January 7, 2003

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 42-6-3 of the Rhode Island General Laws, I have made the following appointment as Director of the Department of Administration:

Robert J. Higgins of Providence
VICE
Robert L. Carl, Jr., Ph.D.

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

Sincerely,

DONALD L. CARCIERI
Governor



Read and referred to the Committee on Oversight.

FROM THE
HOUSE OF REPRESENTATIVES


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

(03-H 5060) An Act to vacate the forfeiture or revocation of the charter of Recourse Communications, Inc.

Read and ordered to be placed on the Consent Calendar.

Also:

(03-H 5056) An Act relating to towns and cities - Chopmist Water District.

Read and referred to the Committee on Commerce, Housing and Municipal Government.

NEW BUSINESS


Senators Irons, Montalbano, Ruggerio, Celona and Paiva Weed present (by request of the Secretary of State) (03-S 72) An Act relating to the Secretary of State.

Read and referred to the Committee on Judiciary.

Senators McBurney, Gallo, Roberts and Sosnowski present (03-S 73) Senate Resolution expressing gratitude to the Honorable Suzanne M. Henseler for her many years of dedication and honorable service to her constituents and the citizens of the State of Rhode Island.

Senator McBurney requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator McBurney, seconded by Senators Gallo, Sosnowski, Roberts and many others, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.

Senators Damiani and Polisena present (03-S 74) Senate Resolution extending the reporting date of the special legislative commission to study security issues at the State House.

Senator Polisena requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator Polisena, seconded by Senators Blais and Ruggerio, and by unanimous consent, read and passed, under suspension of the rules, upon a voice vote.

Senators Pichardo, Irons, Paiva Weed, Perry, Montalbano and Ruggerio present (03-S 75) Senate Resolution commemorating the celebration of the birth of the Reverend Martin Luther King, Jr.

Senator Pichardo requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senators Montalbano and Ruggerio present (03-S 76) Senate Resolution honoring Nino D'Urso on receiving the Lifetime Achievement Culinary Award by the Chef's Association of Rhode Island.

Senator Ruggerio requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senators Raptakis, Lenihan and Breene present (03-S 77) An Act relating to public utilities and carriers - Kent County Water District.

Read and referred to the Committee on Commerce, Housing and Municipal Government.

Senators Felag, Bates, Parella, Caprio, McCaffrey, DaPonte and Polisena present (03-S 78) An Act relating to military affairs - Veterans' Home.

Read and referred to the Committee on Finance.

Senators Lanzi, Ciccone, Felag, Tassoni and Polisena present (03-S 79) An Act relating to disabled American Veterans - educational benefits.

Read and referred to the Committee on Finance.

Senators Raptakis, Polisena, Parella, Damiani, McCaffrey and others present (03-S 80) An Act relating to criminal offenses.

Read and referred to the Committee on Judiciary.

Senators Walaska, McCaffrey and Goodwin present (03-S 81) An Act relating to retail licenses.

Read and referred to the Committee on Commerce, Housing and Municipal Government.

Senators Raptakis, Lenihan, Cote, Gibbs and Breene present (03-S 82) An Act relating to state affairs and government - video lottery terminal.

Read and referred to the Committee on Finance.

Senators Felag, Sosnowski, Montalbano, McCaffrey, DaPonte and others present (03-S 83) An Act relating to taxation - property tax relief.

Read and referred to the Committee on Finance.

Senators Felag, Gibbs, Bates, Parella and Paiva Weed present (03-S 84) An Act relating to highways - construction and maintenance of state roads.

Read and referred to the Committee on Finance.

Senators McCaffrey, Walaska, Felag and Celona present (03-S 85) An Act relating to personal income tax - veteran pensions.

Read and referred to the Committee on Finance.

Senators McCaffrey, Ruggerio, Walaska and Celona present (03-S 86) An Act relating to electricians - apprentices.

Read and referred to the Committee on Labor.

Senator McCaffrey presents (03-S 87) An Act relating to adjudication of traffic offenses.

Read and referred to the Committee on Judiciary.

Senators Connors, Perry, Montalbano, McCaffrey and Caprio present (03-S 88) An Act relating to criminals - correctional institutions - parole.

Read and referred to the Committee on Judiciary.

Senator McCaffrey presents (03-S 89) An Act relating to insurance.

Read and referred to the Committee on Commerce, Housing and Municipal Government.

Senators Bates, Paiva Weed, Blais, Walaska and Tassoni present (03-S 90) An Act relating to liability insurance - rental vehicle coverage.

Read and referred to the Committee on Judiciary.

Senators Bates, Blais and Walaska present (03-S 91) An Act relating to insurance - fire insurance applications.

Read and referred to the Committee on Financial, Technology and Regulatory Issues.

Senator McCaffrey presents (03-S 92) An Act relating to automobile body repair shops.

Read and referred to the Committee on Commerce, Housing and Municipal Government.

Senator McCaffrey presents (03-S 93) An Act relating to motor vehicle insurance - motor vehicle body replacement parts.

Read and referred to the Committee on Commerce, Housing and Municipal Government.

Senator McCaffrey presents (03-S 94) An Act relating to businesses and professions - insurance - Unfair Claims Settlement Practices Act.

Read and referred to the Committee on Commerce, Housing and Municipal Government.

Senators Issa, Sosnowski, Felag, Goodwin, McCaffrey and Montalbano present (03-S 95) An Act relating to taxation - clothing sales.

Read and referred to the Committee on Finance.

CONSENT CALENDAR


In order for the day is taken up 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 upon a voice vote:

1. (03-S45) An Act to vacate the forfeiture or revocation of the charter of J. Palmieri & Ice Cream, Inc.

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 Ruggerio, seconded by Senator Algiere, and upon suggestion of Senator Pichardo, the Senate adjourns at 4:32 o'clock P.M. in memory of Dr. Martin Luther King, Jr.

RAYMOND T. HOYAS, JR.
Secretary of the Senate


Appendix



INVOCATION


SENATOR M. TERESA PAIVA WEED




MARTIN LUTHER KING'S BIRTHDAY


Heavenly Father, as we commemorate the birthday of America's greatest civil rights leader, Dr. Martin Luther King, Jr., let us not mourn his death, but rather celebrate his victories. Instill in us his sense of dedication, perseverance, dignity, and respect for all your people. May we follow his lead in all our daily encounters with others. Amen.

Appendix



CONSENT CALENDAR




In order for Wednesday, January 22, 2003:

1. (03-H5060) An Act to vacate the forfeiture or revocation of the charter of Recourse Communications, Inc.

Ordered on the Consent Calendar.

RAYMOND T. HOYAS, JR.
Secretary of the Senate
Tuesday, January 21, 2003



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