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 fifth day of January in the year of Our Lord one thousand nine hundred and ninety-nine.
Volume 126, No. 38 Tuesday, April 6, 1999 Thirty-eighth Day


The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Charles J. Fogarty, at 4:15 o'clock P.M.

The roll is called and a quorum is declared present with 49 Senators present and 1 Senator absent as follows:

PRESENT - 49: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Doneian, Enos, Felag, Flynn, Fogarty, GalJo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey McDonald, Montalbano, Oster, Paiva Weed, Parella, Patter? son, Perry, Raptakis, Revens, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

ABSENT - 1: Senator Roberts.

INVOCATION



His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Gibbs, to deliver the invocation.

(See Appendix for Invocation)


PLEDGE OF ALLEGIANCE TO THE FLAG



His Honor, the Lieutenant Governor, 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 Wednesday, March 31, 1999 proceedings is read in part.

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

COMMUNICATION FROM THE GOVERNOR



His Honor, the Lieutenant Governor, presents the following communication from His Excellency, the Governor:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

EXECUTIVE CHAMBER, PROVIDENCE


Lincoln Almond
Governor

April 1, 1999

To the Honorable, the Senate:

I am hereby withdrawing the January 29, 1999 appointment of Austin Ferland to the Rhode Island Resource Recovery Corporation.

Sincerely,


LINCOLN ALMOND
Governor



Read and ordered to be placed on file.

APPOINTMENT BY THE GOVERNOR



His Honor, the Lieutenant Governor, 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 PLANTATIONS

EXECUTIVE CHAMBER, PROVIDENCE


Lincoln Almond
Governor

April 1, 1999

To the Honorable, the Senate;

I have the honor to inform you that in accordance with the provisions of Section 23-19-6 of the Rhode Island General Laws, I have made the following reappointment to the Rhode Island Resource Recovery Corporation:

Austin Ferland of Warwick

for a term expiring July 1, 2001.

Sincerely,


LINCOLN ALMOND
Governor



Read and referred to the Committee on Judiciary.

Also:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

EXECUTIVE CHAMBER, PROVIDENCE


Lincoln Almond
Governor

March 19, 1999

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 16-59-2 of the Rhode Island General Laws, I have made the following appointment to the Board of Governors for Higher Education:

Lorna E. Wayland of Providence
VICE
John Sullivan

for a term expiring January 31, 2002.

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

Sincerely,


LINCOLN ALMOND
Governor



Read and referred to the Committee on Judiciary.

Also:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
EXECUTIVE CHAMBER. PROVIDENCE

Lincoln Almond
Governor

April 1, 1999

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 5-1-3 of the Rhode Island General Laws, I have made the following reappointment to the Board of Registration and Examination of Architects:

Dana Newbrook of Cumberland

for a term expiring April 1, 2004.



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

Sincerely,


LINCOLN ALMOND
Governor



Read and referred to the Committee on Judiciary.

Also:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

EXECUTIVE CHAMBER, PROVIDENCE

Lincoln Aln,ond
Governor

April 1, 1999

To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 5-1-3 of the Rhode Island General Laws, I have made the following appointment to the Board of Registration and Examination of Architects:

James R. Carlson of Foster
VICE
Raymond A. DeCesare

for a term expiring April 1, 2004.

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

Sincerely,


LINCOLN ALMOND
Governor



Read and referred to the Committee on Judiciary.

Also:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

EXECUTIVE CHAMBER, PROVIDENCE


Lincoln Almond
Governor

April 1, 1999 To the Honorable, the Senate:

I have the honor to inform you that in accordance with the provisions of Section 5-1-3 of the Rhode Island General Laws, I have made the following appointment to the Board of Registration and Examination of Architects:

Joseph A. Cirillo of Warwick
VICE
Glenn Gardiner

for a term expiring April 1, 2004.

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

Sincerely,


LINCOLN ALMOND
Governor



Read and referred to the Committee on Judiciary.

EFFECTIVE WITHOUT
THE SIGNATURE OF THE GOVERNOR




His Honor, the Lieutenant Governor, presents an announcement of the receipt by the Secretary of State of the following measures which became effective without the signature of His Excellency, the Governor on April 1, 1999:

(99-S 205) An Act reinstating and restoring forfeited or revoked corporate charters.

(99-S 257) An Act to vacate the forfeiture or revocation of the charter of the Little Rhody Division.

(99-S 296) An Act reinstating and restoring forfeited or revoked corporate charters.

(99-S 385) An Act reinstating and restoring forfeited or revoked corporate charters.

(99-S 821) An Act to vacate the forfeiture or revocation of the charter of J. Vingi & Son, Inc.

JAMES R. LANGEVIN
Secretary of State

Received and ordered to be placed on file.

FROM THE


HOUSE OF REPRESENTATIVES


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

(99-H 6148) An Act relating to elective meetings.

Read and referred to the Committee on Corporations.

Also:

(99-H 6206) An Act relating to the Harrisville Fire District.

Read and referred to the Committee on Corporations.

Also:

(99-H 6208) An Act establishing the Coventry Land Trust.

Read and referred to the Committee on Corporations.

Also:

(99-H 6245) An Act relating to agriculture and forestry - tree wardens.

Read and referred to the Committee on Corporations.

Also:

(99-H 6247) An Act relating to taxation -collection of taxes generally.

Read and referred to the Committee on Corporations.

Also:

(99-H 6250) An Act exempting from taxation the real, mixed and personal property of the Little Flower Home.

Read and referred to the Committee on Corporations.

Also:

(99-H 5285) An Act relating to health and safety registration of nursing assistants.

Read and referred to the Committee on Health, Education and Welfare.

Also:

(99-H 5330) An Act relating to state affairs and government - health care for children and pregnant women.

Read and referred to the Committee on Health, Education and Welfare.

Also:

(99-H 5484) An Act relating to education.

Read and referred to the Committee on Health, Education and Welfare.

Also:

(99-H 5499) An Act relating to animals and husbandry - dogs.

Read and referred to the Committee on Health, Education and Welfare.

Also:

(99-H 5794) An Act relating to physician assistants.

Read and referred to the Committee on Health, Education and Welfare.

Also:

(99-H 5836) An Act relating to health and safety - maternal and child care health services.

Read and referred to the Committee on Health, Education and Welfare.

Also:

(99-H 5854) An Act relating to human services community health centers.

Read and referred to the Committee on Health, Education and Welfare.

REPORTS OF COMMITTEES


COMMITTEE ON CORPORATIONS


Senator Irons, from the Committee on Corporations, reports back, with recommendation of passage of the following measures:

(99-S 517 as amended) An Act relating to business and professions- home inspectors.

Read and ordered to be placed on the Calendar.

(99-S 566) (Substitute "A" as amended) An Act relating to businesses and professions.

Read and ordered to be placed on the Calendar.

(99-S 567) (Substitute "A" as amended) An Act relating to insurance.

Read and ordered to be placed on the Calendar.

(99-S 577) (Substitute "A") An Act relating to real estate brokers and salespersons.

Read and ordered to be placed on the Calendar.

(99-S 629 as amended) An Act relating to businesses and professions- land surveyors.

Read and ordered to be placed on the Calendar.

(99-S 675 as amended) An Act relating to businesses and professions- engineers.

Read and ordered to be placed on the Calendar.

(99-S 676) (Substitute "A" as amended) An Act relating to automobile wrecking and salvage yards.

Read and ordered to be placed on the Calendar.

(99-S 820) An Act relating to elections -Cumberland.

Read and ordered to be placed on the Calendar.

COMMITTEE ON
HEALTH, EDUCATION AND WELFARE


Senator Izzo, from the Committee on Health, Education and Welfare, reports back, with recommendation of passage of the following measures:

(99-S 372) An Act relating to health and safety - licensing of health care facilities.

Read and ordered to be placed on the Calendar. (99-S373) An Act relating to licensing of health care facilities.

Read and ordered to be placed on the Calendar.

(99-S 479) An Act relating to the uniform controlled substances act.

Read and ordered to be placed on the Calendar.

COMMITTEE ON JUDICIARY


Senator Paiva Weed, from the Committee on Judiciary, reports back, with recommendation of passage of the following measures:

(99-S 642) (Substitute "A") An Act relating to indictments, informations and complaints.

Read and ordered to be placed on the Calendar.

(99-S 685) An Act relating to health and safety.

Read and ordered to be placed on the Calendar.

(99-S 783) An Act relating to racketeer influences and corrupt organizations.

Read and ordered to be placed on the Calendar. (99-S863) An Act relating to condominium law.

Read and ordered to be placed on the Calendar.


NEW BUSINESS


The following item s are received and referred to committee pending any objection of the body on the next legislative day.

Senator Cicilline presents (99-S 949) Senate Resolution recognizing Commune di Ripabottoni and its link to Newport, Rhode Island.

Senator Cicilline requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Without objection, the following Act is introduced after the deadline.

Senators Paiva Weed, Walsh, Perry, Roney and Parella present (99-S950) An Act relating to public offices and employees- code of ethics.

Read and referred to the Committee on Judiciary.

Senators Patterson and Lenihan present (99-S 951) An Act validating and ratifying amendments to the Home Rule Charter of the town of North Kingstown.

Read and referred to the Committee on Corporations.

Senators Patterson and Lenihan present (99-S 952) An Act relating to real estate conveyance tax - town of North Kingstown.

Read and referred to the Committee on Corporations.

Senators Walaska, Fogarty, McCaffrey and Donelan present (99-S 953) Senate Resolution proclaiming May 1st-8th, 1999 as Elks National Youth Week in Rhode Island.

Senator Walaska requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senators Coderre, Goodwin, DaPonte, Blais and Celona present (99-S 954) Senate Resolution extending the reporting date of and amending the special Senate commission to study the Rhode Island cable television industry and all matters relating thereto.

Senator Coderre requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Without objection, the following Act is introduced after the deadline.

Senator Irons presents (99-S 955) An Act relating to business corporations.

Read and referred to the Committee on Corporations.

Without objection, the following Act is introduced after the deadline.

Senator McDonald presents (99-S 956) An Act relating to state affairs and government -Department of the Environment.

Read and referred to the Committee on Finance.

CONSENT CALENDAR




In order for the day is taken up as follows:

Upon motion of Senator Kelly, seconded by Senator Algiere, the following appointments on today's Consent Calendar, by unanimous consent, are given the Advice and Consent of the Senate upon a voice vote:

1. Appointment of Randolph Lowman of North Providence VICE George Ramsey (resigned) to the Commission for Human Rights for a term expiring July 1, 2003.

2. Appointment of Joshua Teverow, Esquire of Providence (Representing public library trustees) VICE Sheldon Sollosy to the Library Board of Rhode Island for a term expiring December 31, 2001.

3. Reappointment of Florence Weintraub of Providence to the Rhode Island State Council on the Arts for a term expiring March 1, 2002.

4. Reappointment of Frank L. Nunes of Middletown (Public Member) to the Water Resources Board for a term expiring March 1, 2002.

COMMUNICATION


His Honor, the Lieutenant Governor, presents the following communications:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER



STATEMENT OF POTENTIAL CONFLICT


To the Honorable Senate: I, June N. Gibbs, under oath depose and say:

1. I am a duly elected member of the Rhode Island Senate.

2. This statement is made in accord with Rhode Island General Law section 36-14-6.

3. In my official capacity, I may be expected or required to vote or participate in the deliberations of bill (99-S 531), now pending before the Senate or a committee thereof.

4. I request that I be excused from voting, deliberating or taking action on the matter.

5. I do not desire to vote or deliberate because I have a conflict of interest as follows. I am a member of the governing board of the Newport Hospital.

6. This statement is true to the best of my knowledge. JUNE N. GIBBS
Senator, District 48 Subscribed and sworn to before me this 6th day of April, 1999.

JEFFREY A. LANPHEAR
Notary Public


Ordered to be placed on file.

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER



STATEMENT OF POTENTIAL CONFLICT


To the Honorable Senate: I, Dennis L. Algiere, under oath depose and say:

1. I am a duly elected member of the Rhode Island Senate.

2. This statement is made in accord with Rhode Island General Law section 36.14-6.

3. In my official capacity, I may be expected or required to vote or participate in the deliberations of bill (99-S 511), now pending before the Senate or a committee thereof.

4. I request that I be excused from voting, deliberating or taking action on the matter.

5. I do not desire to vote or deliberate because I have a conflict of interest as follows. I am a member of the governing board of the Westerly Hospital.

6. This statement is true to the best of my knowledge. DENNIS L. ALGIERE
Senator, District 26 Subscribed and sworn to before me this 6th day of April, 1999.

JEFFREY A. LANPHEAR
Notary Public


Ordered to be placed on file.

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SENATE CHAMBER



STATEMENT OF POTENTIAL CONFLICT


To the Honorable Senate; I, Leo R. Blais, under oath depose and say;

1. I am a duly elected member of the Rhode Island Senate.

2. This statement is made in accord M'th Rhode Island General Law section 36-14-6.

3. In my official capacity, I may be expected or required to vote or participate in the deliberations of bill (99-S 630), now pending before the Senate or a committee thereof.

4. I request that I be excused from voting, deliberating or taking action on the matter.

5. I do not desire to vote or deliberate because I have a conflict of interest as follows. I am on the board of directors for the Coventry Credit Union.

6. This statement is true to the best of my knowledge. LEOR.BLAIS
Senator, District 21 Subscribed and sworn to before me this 6th day of April, 1999.

JEFFREY A. LANPHEAR
Notary Public


Ordered to be placed on file.

CALENDAR


In order for the day is taken up as follows:

4. (99-S140 as amended) An Act relating to financial institutions- powers and operations.

Committee on Corporations recommends passage as amended.

Upon suggestion of Senator Enos, and without objection, ordered to be recommitted to the Committee on Corporations.

7. (99-S458) An Act relating to towns and cities - ordinances.

Committee on Corporations recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, April 13, 1999.



9. (99-S559) An Act relating to barbers, hairdressers, cosmeticians, manicurists and estheticians.

Committee on Corporations recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, April 13, 1999.



10. (99-S574) An Act relating to boats.

Committee on Corporations recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, April 13, 1999.



15. (99-S892 as amended) An Act relating to taxation.

Committee on Corporations recommends passage as amended.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Tuesday, April 13, 1999.



16. (99-S894) An Act relating to mandated benefits review act.

Committee on Corporations recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Thursday, April 8, 1999.



30. (99-S183) (Substitute "A") An Act relating to labor and labor relations.

Committee on Labor recommends indefinite postponement of the original bill and passage of Substitute "A".

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Wednesday, April 7, 1999.



31. (99-S192) An Act relating to merit system.

Committee on Labor recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Wednesday, April 7, 1999.



32. (99-S507) An Act relating to towns and cities - ordinances.

Committee on Labor recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Wednesday, April 7, 1999.



33. (99-S799) (Substitute "A") An Act relating to employment of women and children.

Committee on Labor recommends indefinite postponement of the original bill and passage of Substitute "A.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Wednesday, April 7, 1999.



34. (99-S806 as amended) An Act relating to health and safety.

Committee on Labor recommends passage as amended.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Wednesday, April 7, 1999.



1. (99-S511) An Act relating to insurance.

Committee on Corporations recommends passage.

Senator Blais moves passage, seconded by Senator Breene.

Senators Walsh, Blais and Igliozzi discuss the act.

The act is read and passed, upon a roll call vote with 41 Senators voting in the affirmative, 1 Senator voting in the negative and 2 Senators abstaining as follows:

YEAS - 41: Senators Bates, Blais, Breene, Caprio, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Goodwin, Graziano, Irons, Issa, Izzo, Kells, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS - 1: Senator Igliozzi. ABSTAINED - 2: Senators Algiere, Kelly.

2. (99-S512) An Act relating to insurance.

Committee on Corporations recommends passage.

Senator Blais moves passage, seconded by Senators Breene and Irons.

The act is read and passed, upon a roll call vote with 47 Senators voting in the affirmative and 1 Senator voting in the negative as follows:

YEAS - 47: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS - 1: Senator Igliozzi.

3. (99-S518) An Act relating to insurance self compliance self audit.

Committee on Corporations recommends passage.

Senator Connors moves passage, seconded by Senators Coderre, DaPonte, Walaska and Damiani.

Senator Connors, seconded by Senator Coderre, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(99-S518)


Mr. President:

I hereby move to amend (99-S 518) entitled "AN ACT RELATING TO INSURANCE COMPLIANCE SELF AUDIT", as follows: I. Page 2, lines 30 and 31, delete the following language: "As well as provisions permitting the commissioner to exchange information and data with the national association of insurance commissioners". II. Page 3, line 4 after the phrase "property of the insurer". Add the following sentence: "An insurance compliance self-audit document submitted to the commissioner under this paragraph may be forwarded to the national association of insurance commissioners or an insurance commissioner in another state; provided, however, that the document retains the insurance selfevaluative privilege recognized by this statute (as well as any other applicable privilege) and the receiving commissioner or the national association of insurance commissioners recognizes the privileged status of the document." III. Page 5 at lines 5 and 6, delete the following phrase: "To the extent that the exception set forth in section 27-12.3-6(a) conflicts with the operation of the privilege pursuant to section 27-12.3-2(c), that exception shall not apply."

Respectfully submitted,

DANIEL P. CONNORS
Senator, District 33

The motion to amend prevails upon a roll call vote with 44 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 44: Senators Algiere, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Goodwin, Gra:':iano, Igliozzi, Irons, Issa, Iz:':o, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Roney, Ruggerio, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

Senators Sasso, Connors and Irons discuss the act.

Upon motion of Senator Connors, seconded by Senator DaPonte, read and passed, as amended, upon a roll call vote with 44 Senators voting in the affirmative and 3 Senators voting in the negative as follows:

YEAS - 44: Senators Alves, Bates, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS 3: Senators Blais, Issa, Revens.

5. (99-S367) (Substitute "A" as amended) An Act relating to health and safety - tattooing and body piercing.

Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.

Senator Damiani moves passage, seconded by Senators Enos, Coderre, DaPonte, Breene and others.

Senators Alves and Damiani discuss the act.

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 48 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 48: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

6. (99-S370) An Act relating to towns and cities - zoning ordinances.

Committee on Corporations recommends passage.

Senator McCafirey moves passage, seconded by Senators Walaska, Celona and Montalbano.

Senators Paiva Weed, McCaffrey, Igliozzi and Issa discuss the act.

The act is read and passed, by unanimous consent, upon a roll call vote with 48 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 48: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

8. (99-S552) An Act relating to liability companies and limited partnerships - formation, conversion, and cancellation.

Committee on Corporations recommends passage.

Senator Irons moves passage, seconded by Senators Cote and Bates.

The act is read and passed, upon a roll call vote with 47 Senators voting in the affirmative and 1 Senator voting in the negative as follows:

YEAS - 47: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roney, Ruggerio, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS - 1: Senator Sasso.

11. (99-S630) (Substitute "A" as amended) An Act relating to credit unions - investment of funds.

Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.

Senator Irons moves passage, seconded by Senator Damiani.

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 43 Senators voting in the affirmative, 0 Senators voting in the negative and 3 Senators abstaining as follows:

YEAS - 43: Senators Algiere, Bates, Breene, Caprio, Celona, Coderre, Connors, Cote, Damiani, DaPonte, DoneIan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Iglioz::i, Irons, Issa, Izzo, Kells, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walsh, Walton.

NAYS -0. ABSTAINED - 3: Senators Alves, Blais, Kelly

12. (99-S838) An Act relating to agriculture and forestry- tree wardens.

Committee on Corporations recommends passage.

Senator Breene moves passage, seconded by Senator Blais.

The act is read and passed, by unanimous consent, upon a roll call vote with 46 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 46: Senators Algiere, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Iglioz:':i, Irons, Issa, Izzo, Kells, Kelly, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

13. (99-S850 as amended) An Act relating to school funds and property.

Committee on Corporations recommends passage as amended.

Senator Izzo moves passage, seconded by Senators Gallo and Sasso.

The act is read and passed, as amended, by unanimous consent, upon a roll call vote with 47 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 47: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

14. (99-S 857) An Act authorizing the town of Coventry to finance the construction, renovation, improvement, alteration, repair, furnishing and equipping of schools and school facilities in the town including but not limited to, a new elementary school, and addition to Coventry High School to house a career and technical facility, and athletic complex, and addition to Coventry Middle School and renovations and improvements to existing schools and school facilities by the issuance of not more than $34,000,000 bonds and/ or notes therefor.

Committee on Corporations recommends passage.

Senator Raptakis moves passage, seconded by Senator Blais.

The act is read and passed, by unanimous consent, upon a roll call vote with 47 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 47: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Iglio:':::i, Irons, Issa, Izzo, Kells, Kelly, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

17. (99-S895) An Act relating to the Coventry Fire Department.

Committee on Corporations recommends passage.

Senator Raptakis moves passage, seconded by Senators Breene, Blais and Lenihan.

The act is read and passed, by unanimous consent, upon a roll call vote with 48 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 48: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

18. (99-S896 as amended) An Act relating to taxation.

Committee on Corporations recommends passage as amended.

Senator Fogarty moves passage, seconded by Senators Enos, Gallo, Cicilline, Issa and Tocco.

The act is read and passed, as amended, upon a roll call vote with 46 Senators voting in the affirmative and 2 Senators voting in the negative as follows:

YEAS - 46: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Iglioz:':i, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS - 2: Senators Cote, Montalbano.

19. (99-S897 as amended) An Act relating to taxation.

Committee on Corporations recommends passage as amended.

Senator Fogarty moves passage, seconded by Senators Cote, Irons, Tocco and Damiani.

The act is read and passed, as amended, by unanimous consent, upon a roll call vote with 48 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS 48: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

20. (99-S904 as amended) An Act relating to insurance - motor vehicle body replacement parts.

Committee on Corporations recommends passage as amended.

Upon suggestion of Senator Bates, and without objection, ordered to be placed on the Calendar for Wednesday, April 7, 1999.



21. (99-S906) An Act validating and ratifying amendments to the Home Rule Charter of the town of Bristol.

Committee on Corporations recommends passage.

Senator Parella moves passage, seconded by Senators Felag, Blais and Flynn.

The act is read and passed, by unanimous consent, upon a roll call vote with 47 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS 47: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

22. (99-S907) An Act establishing the Smith-field land trust.

Committee on Corporations recommends passage.

Senator Flynn moves passage, seconded by Senators Enos, Blais, Algiere and Fogarty.

The act is read and passed, by unanimous consent, upon a roll call vote with 47 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 47: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

23. (99-S174) An Act relating to animals and animal husbandry- dogs.

Committee on Special Legislation recommends passage.

Senator Breene moves passage, seconded by Senators Blais, Lenihan and Flynn.

The act is read and passed, by unanimous consent, upon a roll call vote with 46 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 46: Senators Algiere, Alves, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

24. (99-S175) An Act relating to animals and animal husbandry- dogs.

Committee on Special Legislation recommends passage.

Senator Breene moves passage, seconded by Senators Blais, Flynn and Lenihan.

The act is read and passed, by unanimous consent, upon a roll call vote with 45 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 45: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Revens, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

25. (99-S495) An Act relating to animals and animal husbandry dogs.

Committee on Special Legislation recommends passage.

Senator Cicilline moves passage, seconded by Senators Coderre, Walton, Oster, Patterson, Sasso, Walsh and others.

The act is read and passed, by unanimous consent, upon a roll call vote with 48 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 48: Senators Algiere, Alves, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

26. (99-S497) An Act relating to animals and animal husbandry.

Committee on Special Legislation recommends passage.

Senator Perry moves passage, seconded by Senators Cicilline, Paiva Weed, Tocco, Goodwin, Damiani and others.

Senators Kells, Perry and Blais discuss the act.

The act is read and passed, upon a roll call vote with 35 Senators voting in the affirmative and 8 Senators voting in the negative as follows:

YEAS - 35: Senators Algiere, Bates, Caprio, Celona, Cicilline, Coderte, Connors, Damiani, DaPonte, Donelan, Enos, Felag, Gallo, Gibbs, Goodwin, Gra:':iano, Igliozzi, Irons, Issa, Iz:':o, Kelly, Lenihan, McCaffrey, McDonald, Oster, Paiva Weed, Parella, Perry, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walsh, Walton.

NAYS -8: Senators Alves, Blais, Breene, Cote, Flynn, Kells, Patterson, Raptakis.

27. (99-S760) An Act relating to animals and animal husbandry.

Committee on Special Legislation recommends passage.

Senator Perry moves passage, seconded by Senators Kelly, Goodwin, Sosnowski and others.

The act is read and passed, upon a roll call vote with 37 Senators voting in the affirmative and 8 Senators voting in the negative as follows:

YEAS - 37: Senators Algiere, Bates, Caprio, Celona, Cicilline, Codette, Connors, Damiani, DaPonte, Donelan, Enos, Felag, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Iz:':o, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Perry, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walsh, Walton.

NAYS -8: Senators Alves, Blais, Breene, Cote, Flynn, Kells, Patterson, Raptakis.

28. (99-S394) An Act relating to causes of action.

Committee on Judiciary recommends passage.

Senator Paiva Weed moves passage, seconded by Senators Sasso, Walsh and Goodwin.

The act is read and passed, by unanimous consent, upon a roll call vote with 44 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS 44: Senators Algiere, Alves, Bates, Blais, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Gra:':iano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaf'rey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Revens, Roney, Ruggerio, Sasso, Tocco, Walaska, Walsh, Walton.

NAYS -0.

29. (99-S692) An Act relating to waters and navigation.

Committee on Judiciary recommends passage.

Senator Kells moves passage, seconded by Senators Montalbano, Felag, Celona, Sasso and others.

The act is read and passed, upon a roll call vote with 43 Senators voting in the affirmative and 1 Senator voting in the negative as follows:

YEAS - 43: Senators Algiere, Alves, Bates, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Revens, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS - 1: Senator Blais.

35. (99-S876 as amended) An Act relating to labor and payment of debts by contractors.

Committee on Labor recommends passage as amended.

Senator Ruggerio moves passage, seconded by Senators Celona, Tocco, McDonald, Coderre, Gallo, Damiani and others.

The act is read and passed, as amended, by unanimous consent, upon a roll call vote with 44 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 44: Senators Algiere, Alves, Bates, Blais, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Felag, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Iz::o, Kells, Kelly, Lenihan, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Revens, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

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.

ANNOUNCEMENTS


Senator Irons announces that the Committee on Corporations will meet today at the rise of the Senate in Room 212 of the State House.

Also:

Senator Lenihan announces that the Committee on Finance will meet today at the rise of the Senate in Room 211 of the State House.

Also:

Senator Paiva Weed announces that the Committee on Judiciary will meet today at the rise of the Senate in Room 313 of the State House.

Also:

Senator Izzo announces that the Committee on Health, Education and Welfare will meet on Wednesday, April 7, 1999, at the rise of the Senate in Room 211 of the State House.

Also:

Senator Ruggerio announces that the Committee on Labor will meet on Wednesday, April 7, 1999, at 3:00 o'clock P.M. in Room 212 of the State House.

Also:

Senator Goodwin announces that the Committee on Special Legislation will meet on Wednesday, April 7, 1999, at the rise of the Senate in the Senate Lounge of the State House.

ADJOURNMENT




Upon motion of Senator Kelly, seconded by Senator Algiere, the Senate adjourns at 5:08 o'clock P.M.



RAYMOND T. HOYAS, JR.
Clerk of the Senate


Appendix



INVOCATION

SENATOR JUNE N. GIBBS



Almighty God, heavenly Father, bless our country that it may be a blessing to the world. Help us to adopt aims and policies that are in accordance with your will. May we see ourselves as others see us, and avoid self-deception and hypocrisy. Lead us to sound government, equal justice under law, wise education, and incorruptible media of news. Grant us a true sense of fairness in our dealings with one another, and a spirit of service that will give equality of opportunity to all.

Appendix



CALENDAR


In order for Wednesday, April 7, 1999:

1. (99-S 904 as amended) An Act relating to insurance - motor vehicle body replacement parts.

Committee on Corporations recommends passage as amended.

2. (99-S183) (Substitute "A") An Act relating to labor and labor relations.

Committee on Labor recommends indefinite postponement of the original bill and passage of Substitute ''A''.

3. (99-S192) An Act relating to merit system.

Committee on Labor recommends passage.

4. (99-S507) An Act relating to towns and cities - ordinances.

Committee on Labor recommends passage.

5. (99-S799) (Substitute "A") An Act relating to employment of women and children.

Committee on Labor recommends indefinite postponement of the original bill and passage of Substitute "A.

6. (99-S806 as amended) An Act relating to health and safety.

Committee on Labor recommends passage as amended.

7. (99-S381 as amended) An Act relating to motor and other vehicles - driver's education.

Committee on Corporations recommends passage as amended.

8. (99-S564) An Act relating to real estate brokers and salespersons.

Committee on Corporations recommends passage.

9. (99-S815) An Act relating to retail licenses.

Committee on Corporations recommends passage.

10. (99-S483) An Act relating to labor and labor relations.

Committee on Labor recommends passage.

Appendix



CALENDAR


In order for Thursday, April 8, 1999:

1. (99-S 894) An Act relating to mandated benefits review act.

Committee on Corporations recommends passage.

2. (99-H5168) An Act relating to tax exemption - Westerly.

Committee on Corporations recommends passage in concurrence.

3. (99-S350) An Act relating to Superior Court.

Committee on Judiciary recommends passage.

4. (99-S322 as amended) An Act relating to education - school speech and language pathologists.

Committee on Health, Education and Welfare recommends passage as amended.

5. (99-S517 as amended) An Act relating to business and professions - home inspectors.

Committee on Corporations recommends passage as amended.

6. (99-S566) (Substitute "A" as amended) An Act relating to businesses and professions.

Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.

7. (99-S567) (Substitute "A" as amended) An Act relating to insurance.

Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.

8. (99-S577) (Substitute "A") An Act relating to real estate brokers and salespersons.

Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A".

9. (99-S629 as amended) An Act relating to businesses and professions - land surveyors.

Committee on Corporations recommends passage as amended.

10. (99-S675 as amended) An Act relating to businesses and professions - engineers.

Committee on Corporations recommends passage as amended.

11. (99-S676) (Substitute "A" as amended) An Act relating to automobile wrecking and salvage yards.

Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute "A" as amended.

12. (99-S820) An Act relating to elections -Cumberland.

Committee on Corporations recommends passage.

13. (99-S372) An Act relating to health and safety - licensing of health care facilities.

Committee on Health, Education and Welfare recommends passage.

14. (99-S373) An Act relating to licensing of health care facilities.

Committee on Health, Education and Welfare recommends passage.

15. (99-S479) An Act relating to the uniform controlled substances act.

Committee on Health, Education and Welfare recommends passage.

16. (99-S642) (Substitute "A") An Act relating to indictments, informations and complaints.

Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".

17. (99-S685) An Act relating to health and safety.

Committee on Judiciary recommends passage.

18. (99-S783) An Act relating to racketeer influences and corrupt organizations.

Committee on Judiciary recommends passage.

19. (99-S863) An Act relating to condominium law.

Committee on Judiciary recommends passage.

Appendix



CALENDAR


In order for Tuesday, April 13, 1999:

1. (99-S 458) An Act relating to towns and cities - ordinances.

Committee on Corporations recommends passage.

2. (99-S559) An Act relating to barbers, hairdressers, cosmeticians, manicurists and estheticians.

Committee on Corporations recommends passage.

3. (99-S574) An Act relating to boats.

Committee on Corporations recommends passage.

4. (99-S892 as amended) An Act relating to taxation.

Committee on Corporations recommends passage as amended.



RAYMOND T. HOYAS, JR.
Clerk of the Senate
Tuesday, April 6, 1999



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