STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

Transcription

1 JANUARY SESSION of the General Assembly begun and held at the State House in the City of Providence on Tuesday, the fifth day of January in the year of Our Lord two thousand and ten. Volume 137, No.24 Tuesday, April 13, 2010 Twenty-fourth Legislative Day The Senate meets pursuant to adjournment and is called to order by the Honorable M. Teresa Paiva Weed, President of the Senate, at 4:24 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 Paiva Weed and Senators Algiere, Bates, Blais, Ciccone, Connors, Cote, Crowley, DaPonte, DeVall, DiPalma, Doyle, Felag, Fogarty, Gallo, Goodwin, Jabour, Lanzi, Lenihan, Levesque, Lynch, Maher, Maselli, McBurney, McCaffrey, Metts, O'Neill, Perry, Picard, Pichardo, Pinga, Raptakis, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska. ABSENT 1: Senator Miller 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 the Twenty-third Legislative Day of the 2010 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.

2 S.J JOURNAL Tuesday, April 13, 2010 GUESTS Upon suggestion of Senator Walaska and by unanimous consent, the Honorable President, welcomes to the Chamber former State Senator Robert Kells. APPOINTMENTS BY THE GOVERNOR The Honorable President presents the following communication from His Excellency, the, transmitting the following appointments and requesting the advice and consent of the Senate thereto: March 3, 2010 I have the honor to inform you that in accordance with the provisions of Section of the Rhode Island General Laws, I have made the following reappointment to the Rhode Island Human Resource Investment Council: for a term expiring January 1, To this reappointment, I request your advice and consent. Cathy Streker of North Kingstown (Representing Business) Read and referred to the Committee on Corporations.

3 S.J JOURNAL Tuesday, April 13, 2010 March 17, 2010 I have the honor to inform you that in accordance with the provisions of Section of the Rhode Island General Laws, I have made the following appointment to the Water Resources Board: for a term expiring March 1, Thomas B. Boving, PHD of Hope Valley (Geologist/Hydrologist Representative) (new seat) To this appointment, I respectfully request your advice and consent. Read and referred to the Committee on Environment and Agriculture. March 17, 2010 I have the honor to inform you that in accordance with the provisions of Section of the Rhode Island General Laws, I have made the following appointment to the Water Resources Board: for a term expiring March 1, Michael P. DeFrancesco, P.E. of Exeter (Water Supply Engineer Representative) (new seat) To this appointment, I respectfully request your advice and consent.

4 S.J JOURNAL Tuesday, April 13, 2010 Read and referred to the Committee on Environment and Agriculture. March 17, 2010 I have the honor to inform you that in accordance with the provisions of Section of the Rhode Island General Laws, I have made the following appointment to the Water Resources Board: for a term expiring March 1, Susan Licardi of North Kingstown (Representative of Ground Water System) (new seat) VICE Alan Klepper To this appointment, I respectfully request your advice and consent. Read and referred to the Committee on Environment and Agriculture. March 17, 2010 I have the honor to inform you that in accordance with the provisions of Section of the Rhode Island General Laws, I have made the following appointment to the Water Resources Board: for a term expiring March 1, William Stamp of Cranston (Representing Agricultural Business) To this appointment, I respectfully request your advice and consent.

5 S.J JOURNAL Tuesday, April 13, 2010 Read and referred to the Committee on Environment and Agriculture. March 17, 2010 I have the honor to inform you that in accordance with the provisions of Section of the Rhode Island General Laws, I have made the following reappointment to the Water Resources Board: for a term expiring March 1, Pamela M. Marchand, P.E. of Providence (Large Public Water System Representative) To this reappointment, I respectfully request your advice and consent. Read and referred to the Committee on Environment and Agriculture. March 17, 2010 I have the honor to inform you that in accordance with the provisions of Section of the Rhode Island General Laws, I have made the following reappointment to the Water Resources Board: for a term expiring March 1, William Penn of Block Island (Member with expertise in financial planning) To this reappointment, I respectfully request your advice and consent.

6 S.J JOURNAL Tuesday, April 13, 2010 Read and referred to the Committee on Environment and Agriculture. March 17, 2010 I have the honor to inform you that in accordance with the provisions of Section of the Rhode Island General Laws, I have made the following reappointment to the Water Resources Board: for a term expiring March 1, Jesse M. Rodrigues, Jr. of Middletown (Representing Land/Watershed Management) To this reappointment, I respectfully request your advice and consent. Read and referred to the Committee on Environment and Agriculture. March 17, 2010 I have the honor to inform you that in accordance with the provisions of Section of the Rhode Island General Laws, I have made the following reappointment to the Water Resources Board: Harold Ward of Hope Valley (Representing Conservation Organization)

7 S.J JOURNAL Tuesday, April 13, 2010 for a term expiring March 1, To this reappointment, I respectfully request your advice and consent. Read and referred to the Committee on Environment and Agriculture. March 26, 2010 I have the honor to inform you that in accordance with the provisions of Section of the Rhode Island General Laws, I have made the following reappointment to the Scenic Highway Board: for a term expiring January 31, Michael J. DeLuca of Narragansett To this reappointment, I respectfully request your advice and consent. Read and referred to the Committee on Environment and Agriculture. March 26, 2010 I have the honor to inform you that in accordance with the provisions of Section of the Rhode Island General Laws, I have made the following appointment to the Board of s for Higher Education: Tessa N. Constant of Chepachet (Student Representative)

8 S.J JOURNAL Tuesday, April 13, 2010 for a term expiring January 31, VICE Brandon Brown To this appointment, I respectfully request your advice and consent. Read and referred to the Committee on Education. FROM THE HOUSE OF REPRESENTATIVES A message from the House of Representatives transmits with announcement of passage of the following measures: House Resolution No as amended BY Marcello ENTITLED, JOINT RESOLUTION CREATING A SPECIAL LEGISLATIVE COMMISSION TO STUDY COST CONTAINMENT, TRANSPARENCY, AND EFFICIENCY IN THE DELIVERY OF QUALITY HEALTH CARE (would create a commission whose purpose it would be to make a comprehensive study of cost containment, transparency, and efficiency in the delivery of quality health care) {LC1976/1} Received and referred to the Senate Committee on Constitutional and Regulatory Issues. House Bill No BY McNamara ENTITLED, AN ACT RELATING TO EDUCATION -- HIGHER EDUCATION (would extend the deadlines for the development of the pilot program for the Bachelors Degree in Three program) Received and referred to the Senate Committee on Education. House Bill No SUB A BY Ucci, McNamara ENTITLED, AN ACT RELATING TO EDUCATION - ELIGIBILITY FOR ATTENDANCE (would authorize school departments to admit children into their kindergarten programs even though those children have not reached age 5 by September 1 of the school year) {LC709/1/A} Received and referred to the Senate Committee on Education.

9 S.J JOURNAL Tuesday, April 13, 2010 House Bill No BY Naughton, Rice M, Kennedy, Coderre E ENTITLED, AN ACT RELATING TO HEALTH AND SAFETY -- MEDICAL EXAMINERS (would increase the responsibilities of the medical examiner's office to make recommendations to decrease the prevalence of preventable child deaths, and to help establish community intervention strategies through the use of a child death review team) {LC1128/1} Received and referred to the Senate Committee on Health and Human Services. House Bill No BY Ferri, Ajello, Messier, McNamara, Naughton ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF MENTAL HEALTH, RETARDATION AND HOSPITALS -- NEW TITLE {LC1234/1} Received and referred to the Senate Committee on Health and Human Services. House Bill No BY Naughton, Ferri, Messier, McNamara, San Bento ENTITLED, AN ACT RELATING TO HEALTH AND SAFETY -- HEALTH CARE QUALITY PROGRAM {LC1686/1} Received and referred to the Senate Committee on Health and Human Services. House Bill No BY Watson, Handy ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES (would allow Andrew Gallo to join Brian Buongiovanni and Stephanie Gallo in marriage on or about July 17, 2010, within the City of Newport, Rhode Island) {LC2173/1} Received and referred to the Senate Committee on Judiciary. House Bill No BY Edwards ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES (would allow Rachel B. Rapoza to join Margaret Teves and Brian Vieira in marriage) {LC2209/1} Received and referred to the Senate Committee on Judiciary.

10 S.J JOURNAL Tuesday, April 13, 2010 House Bill No BY Gallison ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES (would allow The Honorable Georgianna Jordan to join Karen Mansi and Adriano Medeiros in marriage on or about June 12, 2010, within the Town of Bristol, Rhode Island) {LC2193/1} Received and referred to the Senate Committee on Judiciary. House Bill No BY Murphy, Petrarca ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES (would allow Norman L. Landroche, Jr. to join Nicole Oliveira Aguiar and Jeffrey A. Centracchio in marriage within the City of Providence, Rhode Island, on or about May 22, 2010) {LC2334/1} Received and referred to the Senate Committee on Judiciary. House Bill No BY Ferri, Naughton, Serpa, McNamara ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES (The Honorable Scott Avedisian to join Tara Dunton and Scott D'Angelantonio in marriage on or about September 4, 2011) {LC2134/1} Received and referred to the Senate Committee on Judiciary. REPORTS OF COMMITTEES COMMITTEE ON JUDICIARY Senator McCaffrey from the Committee on Judiciary, reports back, with recommendation of passage of the following measures: Nomination of The Honorable Gilbert V. Indeglia as Justice of the Rhode Island Supreme Court. Read and ordered to be placed on the Calendar. NEW BUSINESS Senate Bill No BY Senator Doyle ENTITLED, AN ACT RELATING TO ALCOHOLIC BEVERAGES - RETAIL LICENSES {LC2367/1}

11 S.J JOURNAL Tuesday, April 13, 2010 Read and referred to the Senate Committee on Constitutional and Regulatory Issues. Senate Bill No BY Senator Tassoni ENTITLED, AN ACT RELATING TO TOWNS AND CITIES - LOW AND MODERATE INCOME HOUSING {LC2314/1} Read and referred to the Senate Committee on Constitutional and Regulatory Issues. Senate Bill No BY Senators Sosnowski, Felag ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- ECONOMIC DEVELOPMENT {LC1124/1} Read and referred to the Senate Committee on Corporations. Senate Bill No BY Senators Gallo, Fogarty P, DeVall ENTITLED, AN ACT RELATING TO EDUCATION -- COOPERATIVE SERVICE AMONG SCHOOL DISTRICTS {LC2249/1} Read and referred to the Senate Committee on Education. Senate Bill No BY Senators Gallo, Fogarty P, DeVall ENTITLED, AN ACT RELATING TO EDUCATION {LC2246/1} Read and referred to the Senate Committee on Education. Senate Bill No BY Senators Sosnowski, Felag ENTITLED, AN ACT RELATING TO TAXATION Read and referred to the Senate Committee on Finance.

12 S.J JOURNAL Tuesday, April 13, 2010 Senate Bill No BY Senators Sosnowski, Perry ENTITLED, AN ACT RELATING TO TAXATION - OPTIONAL LOCAL SALES AND USE TAX ON SUGAR SWEETENED BEVERAGES Read and referred to the Senate Committee on Finance. Senate Bill No BY Senator Goodwin ENTITLED, AN ACT RELATING TO MENTAL HEALTH, RETARDATION AND HOSPITALS -- DEVELOPMENTALLY DISABLED ADULTS {LC1614/1} Read and referred to the Senate Committee on Finance. Senate Bill No BY Senators Felag, DiPalma ENTITLED, AN ACT RELATING TO TOWNS AND CITIES - GENERAL POWERS {LC2396/1} Read and referred to the Senate Committee on Finance. Senate Bill No BY Senator Sosnowski ENTITLED, AN ACT RELATING TO TAXATION - PROPERTY TAX RELIEF - COMPUTATION OF CREDIT Read and referred to the Senate Committee on Finance. Senate Bill No BY Senators Perry, Walaska, Miller, Goodwin, Tassoni ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF MENTAL HEALTH, RETARDATION AND HOSPITALS -- NEW TITLE {LC2327/1} Read and referred to the Senate Committee on Health and Human Services. Senate Bill No BY Senators Sosnowski, Perry ENTITLED, AN ACT RELATING TO MOTOR AND OTHER VEHICLES - RHODE ISLAND PROTECTION FROM SECONDHAND SMOKE FOR CHILDREN ACT OF 2010

13 S.J JOURNAL Tuesday, April 13, 2010 Read and referred to the Senate Committee on Judiciary. Senate Bill No BY Senator DiPalma ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES {LC2288/1} Read and referred to the Senate Committee on Judiciary. Senate Bill No BY Senators Miller, Blais ENTITLED, AN ACT RELATING TO FOOD AND DRUGS -- THE 2010 MARIJUANA POLICY ACT {LC2291/1} Read and referred to the Senate Committee on Judiciary. Senate Resolution No BY Senators Crowley, Algiere, McBurney, Doyle, DaPonte ENTITLED, JOINT RESOLUTION RELATING TO THE RHODE ISLAND PUBLIC RAIL CORPORATION {LC2267/1} Read and referred to the Senate Committee on Finance. Senate Bill No BY Senator Lenihan ENTITLED, AN ACT RELATING TO TOWNS AND CITIES - HEALTH AND EDUCATIONAL BUILDING CORPORATION {LC2289/1} Read and referred to the Senate Committee on Government Oversight. Senate Bill No BY Senators Crowley, Algiere, McBurney, Doyle, DaPonte ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND PUBLIC RAIL CORPORATION {LC2262/1} Read and referred to the Senate Committee on Housing and Municipal Government.

14 S.J JOURNAL Tuesday, April 13, 2010 Senate Bill No BY Senators Sosnowski, McCaffrey ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- ADMINISTRATIVE ADJUDICATION FOR ENVIRONMENTAL MATTERS {LC2287/1} Read and referred to the Senate Committee on Judiciary. Senate Bill No BY Senators Jabour, Pichardo, Goodwin, Crowley, Metts ENTITLED, AN ACT RELATING TO TOWNS AND CITIES {LC2343/1} Read and referred to the Senate Committee on Judiciary. Senate Resolution No BY Senators Tassoni, Fogarty P, Cote, Gallo, Metts ENTITLED, SENATE RESOLUTION CONGRATULATING THE 25 FRESHMEN AT NORTH SMITHFIELD HIGH SCHOOL FOR WINNING THE RHODE ISLAND "WE THE PEOPLE" COMPETITION {LC2429/1} Senator Tassoni requests unanimous consent for immediate consideration. Unanimous consent for immediate consideration is granted. Senator Tassoni moves passage, seconded by Senators Ruggerio, Picard and Cote. The resolution is read and passed, upon a voice vote. Senate Resolution No BY Senators Levesque C, DiPalma, Felag, Pinga, Sheehan ENTITLED, SENATE RESOLUTION CONGRATULATING JULIETTE "JUDY" MCCLENNAN ON RECEIVING THE 2010 NEWPORT DAILY NEWS COMMUNITY SERVICE AWARD {LC2385/1} Senator Levesque requests unanimous consent for immediate consideration. Unanimous consent for immediate consideration is granted. Senator Levesque moves passage, seconded by Senators Ruggerio, Fogarty and Felag. The resolution is read and passed, upon a voice vote.

15 S.J JOURNAL Tuesday, April 13, 2010 Senate Resolution No BY Senators Paiva Weed, Gallo, Metts, DiPalma, Felag ENTITLED, SENATE RESOLUTION CONGRATULATING NIKKI VAZQUEZ ON HER SELECTION AS ONE OF THE 2010 NEWPORT DAILY NEWS COMMUNITY SERVICE AWARD WINNERS {LC2386/1} Senator Levesque requests unanimous consent for immediate consideration. Unanimous consent for immediate consideration is granted. Senator Levesque moves passage, seconded by Senators DiPalma and Felag. The resolution is read and passed, upon a voice vote. Senate Resolution No BY Senators Paiva Weed, DiPalma, Levesque, Felag, Sheehan ENTITLED, SENATE RESOLUTION RECOGNIZING THE LATE DONALD BOOTH FOR BEING AWARDED THE 2010 NEWPORT DAILY NEWS COMMUNITY SERVICE AWARD{LC2387/1} Senator DiPalma requests unanimous consent for immediate consideration. Unanimous consent for immediate consideration is granted. Senator DiPalma moves passage, seconded by Senators Levesque and Felag. The resolution is read and passed, upon a voice vote. Senate Resolution No BY Senators Felag, Walaska, Ruggerio, Gallo, Metts ENTITLED, SENATE RESOLUTION EXPRESSING PROFOUND SYMPATHY ON THE TRAGIC LOSS OF POLAND S PRESIDENT LECH KACZYNSKI AND NINETY-FIVE MEN AND WOMEN WHO PERISHED IN A CATASTROPHIC JET CRASH NEAR THE KATYN FOREST IN RUSSIA{LC2449/1} Senator Walaska requests unanimous consent for immediate consideration. Unanimous consent for immediate consideration is granted. Senator Walaska moves passage, seconded by Senators Ruggerio, Felag and Sosnowski. The resolution is read and passed, upon a voice vote.

16 S.J JOURNAL Tuesday, April 13, 2010 Senate Bill No BY Senator Goodwin ENTITLED, ACT RELATING TO SOLEMNIZATION OF MARRIAGES {LC2427/1} Read and referred to the Senate Committee on Judiciary. In order for the day is taken up as follows: CONSENT CALENDAR S 2248 SUB A BY DiPalma ENTITLED, SENATE RESOLUTION CREATING A SPECIAL SENATE COMMISSION TO STUDY MUNICIPAL SHARED SERVICES Upon motion of Senator Connors, seconded by Senator Algiere, the measures on today s Consent Calendar, by unanimous consent, are read and passed, upon a roll call vote with 36 Senators voting in the affirmative and 0 Senators voting in the negative as follows: YEAS- 36: The Honorable President Paiva Weed and Senators Algiere, Bates, Blais, Ciccone, Connors, Cote, Crowley, DaPonte, DeVall, DiPalma, Doyle, Felag, Fogarty, Gallo, Goodwin, Jabour, Lanzi, Lenihan, Levesque, Lynch, Maher, Maselli, McBurney, McCaffrey, Metts, Perry, Picard, Pichardo, Pinga, Raptakis, Ruggerio, Sheehan, Sosnowski, Tassoni, Walaska. NAYS- 0: TRANSMITTAL By unanimous consent, all matters on the Secretary's desk are ordered to be transmitted to His Excellency, the, the Honorable Secretary of State or to the Honorable House of Representatives forthwith. ANNOUNCEMENTS Senator Picard announces that the Committee on Corporations will meet today, at the rise of the Senate, in Room 212 of the State House. Senator Felag announces that the Committee on Environment and Agriculture will meet tomorrow, at the rise of the Senate, in Room 211 of the State House. Senator Lenihan announces that the Committee on Government Oversight will meet today, at the rise of the Senate, in the Senate Lounge of the State House. Senator Levesque announces that the Committee on Judiciary will meet today, at the rise of the Senate, in Room 313 of the State House.

17 S.J JOURNAL Tuesday, April 13, 2010 ADJOURNMENT Upon motion of Senator Doyle, seconded by Senator Algiere, the Senate adjourns at 4:37 o'clock P.M. JOSEPH R. BRADY Secretary of the Senate

18 S.J JOURNAL Tuesday, April 13, 2010 Appendix INVOCATION SENATOR HANNA M. GALLO Lord, we pray for your guidance in understanding the problems and issues we will face during the General Assembly session. May your supreme law of love and tolerance always guide our actions. Amen.

19 S.J JOURNAL Tuesday, April 13, 2010 Appendix CALENDAR IN ORDER FOR WEDNESDAY, APRIL 14, 2010: S 2225 BY Perry ENTITLED, AN ACT RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTION Committee on Judiciary recommends passage S 2501 BY Jabour ENTITLED, AN ACT RELATING TO TAXATION -- POLITICAL ORGANIZATIONS Committee on Judiciary recommends passage S 2643 SUB A BY Lynch ENTITLED, AN ACT RELATING TO ELECTIONS -- RHODE ISLAND CAMPAIGN CONTRIBUTIONS AND EXPENDITURES REPORTING Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute A S 2647 SUB A BY Walaska ENTITLED, AN ACT RELATING TO MOTOR AND OTHER VEHICLES - OPERATORS' AND CHAUFFEURS' LICENSES Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute A. IN ORDER FOR THURSDAY, APRIL 15, 2010: 1. Nomination of The Honorable Gilbert V. Indeglia as Justice of the Rhode Island Supreme Court. Committee on Judiciary recommends that the Senate give its Advice and Consent to this nomination.