SENATE JOURNALS 04-29-1999

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. 46 Thursday, April 29, 1999 Forty-sixth Day

The Senate meets pursuant to adjournment and is called to order by His Honor, the Lieutenant Governor, Charles J. Fogarty, at 4:09 o'clock P.M.

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

PRESENT - 49; Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Doneian, Enos, Flynn, Fogarty, Galjo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Iz~o, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptal:is, Revens, Roberts, Roney, Ru~gerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

ABSENT 1; Senator Felag.

INVOCATION

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

(See Appendix for Invocation)

PLEDGE OF ALLEGIANCE TO THE FLAG

His Honor, the Lieutenant Governor, by unanimous consent, presents Senator Cote, to lead the Senate in the pledge of allegiance to the flag.

APPROVAL OF RECORD

The Senate Journal of Wednesday, April 28, 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.

GUESTS

Upon suggestion of Senators Kelly and Cote, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Christopher J. Waterson of North Smithfield, who has been recognized with a National Award from Respecteen Speak For Yourself Contest and will represent Rhode Island during a forum in Washington, D.C., from May 1-6, 1999. Joining Chris today are his parents Bruce and Carol Waterson and Representative Robert Lowe.

Upon suggestion of Senator Coderre, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Dennis Murphy, President, United Way of Southeastern Rhode Island.

Upon suggestion of Senator Coderre, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber Kim Baxter of Philadelphia, Pennsylvania, sister of Senate Reading Clerk, John Baxter.

Upon suggestion of Senators Tocco and Issa, and by unanimous consent, His Honor, the Lieutenant Governor, welcomes to the Chamber the Honorable Alfred Cardente, former State Representative.

REPORTS OF COMMITTEE

COMMITTEE ON CORPORATIONS

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

(99-S 898) An Act relating to taxation -property subject to taxation.

Read and ordered to be placed on the Calendar.

(99-S 899) An Act relating to property taxes -Burrillville.

Read and ordered to be placed on the Calendar.

(99-S 900) An Act relating to taxation -property subject to taxation.

Read and ordered to be placed on the Calendar.

(99-S 901) An Act relating to property taxes Burrillville.

Read and ordered to be placed on the Calendar.

(99-S 958) An Act relating to taxation town of Exeter.

Read and ordered to be placed on the Calendar.

(99-S963) An Act relating to the John L. Curran State Park.

Read and ordered to be placed on the Calendar.

NEW BUSINESS

Senator Lenihan presents (99-S 991) Senate Resolution proclaiming May 6, 1999 as a day to commemorate the deeds and accomplishments of our forebearers in establishing the rule of Constitutional Law.

Senator Lenihan requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senators Donelan, McCaffrey and Walaska present (99-S 992) Senate Resolution declaring May 2, 1999 as the opening of the 34th Annual Celebration of Gaspee Days.

Senator Donelan requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

Senators Cote, Kelly and Badeau present (99-S 993) Senate Resolution recognizing the dedication of the Aram J. Pothier Monument at the Museum of Work and Culture in Woonsocket, Rhode Island and proclaiming May 2-8 Aram J. Pothier Week in the state of Rhode Island.

Senator Cote requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

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

CALENDAR

In order for the day is taken up as follows:

5. (99-S 685 as amended) An Act relating to health and safety.

Committee on Judiciary recommends passage.

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

7. (99-S397) An Act relating to employees retirement system. Ordered on the Calendar.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the Calendar for Wednesday, May 5, 1999.

19. (99-S 888) An Act relating to business corporations.

Committee on Judiciary recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the bottom of the Calendar.

1. (99-H5062) (Substitute "A") An Act amking revised appropriations for the support of the state for the fiscal year ending June 30, 1999.

Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A" in concurrence.

Senator Lenihan moves passage, seconded by Senators Enos, Coderre, Kelly, Tocco, Sosnowski, Algiere and others.

Senators Sasso, Lenihan and Flynn discuss the act.

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

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

NAYS -O.

2. (99-S629 as amended) An Act relating to businesses and professions - land surveyors.

Committee on Corporations recommends passage as amended.

Senator Irons moves passage, seconded by Senators Goodwin and Igliozzi.

Senator Irons, seconded by Senator Goodwin, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(99-S 269 as amended)

Mr. President:

I hereby move to amend (99-S 269 as amended) entitled "AN ACT RELATING TO BUSINESSES AND PROFESSIONS - LAND SURVEYORS", as follows:

1. On Page 2, line 16, between the words "crime" and "or", by adding the word "of" and a comma and

2. On Page 2, line 17, between the words of, and "forgery", by adding a comma and

3. On Page 5, line 10, immediately before the word "reimburse", by adding the words "upon good cause shown,".

Respectfully submitted,

WILLIAM V. IRONS
Senator, District 39

The motion to amend prevails 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, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Da'niani, DaPonte, DoneIan, Enos, Flynn, Fogarty, Gallo, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCafirey, McDonald, Montalbano, Oster, Pai"a Weed, Parella, Patterson, Perry, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Toeco, Walaska, Walsh, Walton.

NAYS -O.

Upon motion of Senator Irons, seconded by Senators Goodwin and Igliozzi, 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, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Doneian, Enos, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walasl:a, Walsh, Walton.

NAYS -O.

3. (99-S675 as amended) An Act relating to businesses and professions - engineers.

Committee on Corporations recommends passage as amended.

Senator Irons moves passage, seconded by Senators Goodwin, Paiva Weed and Igliozzi.

Senator Irons, seconded by Senator Goodwin, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(99-S 675 as amended)

Mr. President:

I hereby move to amend (99-S 675 as amended) entitled "AN ACT RELATING TO BUSINESSES AND PROFESSIONS - ENGINEERS", as follows:

1. On Page 2, line 17, between the words "crime" and "or", by adding the word "of" and a comma and

2. On Page 2, line 17, between the words "of" and "forgery", by adding a comma and

3. On Page 5, line 10, immediately before the word "reimburse", by adding the words "upon good cause shown,".

Respectfully submitted,

WILLIAM V. IRONS
Senator, District 39

The motion to amend prevails upon a roll call vote with 49 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 49; Senators Algiere, Al"es, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, DoneIan, Enos, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Grar:iano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Pai"a Weed, Parella, Patterson, Perry, Raptakis, Re"'ens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walasl:a, Walsh, Walton.

NAYS -O.

Upon motion of Senator Irons, seconded by Senator Goodwin, read and passed, as amended, by unanimous consent, upon a roll call vote with 49 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 49: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, DoneIan, Enos, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaf'rey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

COMMUNICATION

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

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS SENATE CHAMBER

STATEMENT OF POTENTIAL CONFLICT

To the Honorable Senate:

I, John A. Celona, 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 373), 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.

6. This statement is true to the best of my knowledge.

JOHN A. CELONA
Senator, District 36

Subscribed and sworn to before me this 29th day of April, 1999.

RAYMOND T. HOYAS, JR.
Notary Public

Ordered to be placed on file.

CALENDAR

4. (99-S373) An Act relating to licensing of health care facilities.

Committee on Health, Education and Welfare recommends passage.

Senator Coderre moves passage, seconded by Senators Kelly, Walton, Gallo, Sasso, Raptakis, Roberts, Izoo and others.

Senators Graziano, Coderre and Roberts discuss the act.

Senator Blais, seconded by Senators Oster, Graziano and others, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(99-S 373)

Mr. President:

I hereby move to amend (99-S 373) entitled "AN ACT RELATING TO LICENSING OF HEALTH CARE FACILITIES", by adding the following language on page 1 after line 16:

"(b) The department of health shall promulgate rules and regulations consistent with federal statutes and the Code of Federal Regulations for such inspections. In the event of an evening, night or weeI::end inspection, the reports, policies, procedures or other documents normally produced at the commencement of a survey shall not be required to be produced until the next business day. Any such reasonable deferaal shall not result in the issuance of a citation," and by amending the subsections lettered "(b)" and "(c)" to be "(c)" and "(d)", respectively.

Respectfully submitted,

LEOR.BLAIS
Senator, District 21

Senators Izzo, Coderre, Sasso, Graziano, Oster, Blais and Kelly discuss the amendment.

The motion to amend fails of passage upon a roll call vote with 17 Senators voting in the affirmative and 29 Senators voting in the negative as follows:

YEAS 17; Senators Algiere, Alves, Bates, Blais, Breene, Flynn, Graziano, Issa, Kells, McBurney, McCaffrey, Montal. bano, Oster, Parella, Patterson, Revens, Walaska.

NAYS - 29: Senators Badeau, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Fogarty, Gallo, Goodwin, Igliozzi, Irons, Izzo, Kelly, Lenihan, McDonald, Paiva Weed, Perry, Raptakis, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walsh, Walton.

The act is read and passed, upon a roll call vote with 46 Senators voting in the affirmative, 1 Senators voting in the negative and 1 Senator abstaining as follows:

YEAS - 46: Senators Algiere, Alves, Badeau, Bates, Breene, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, 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, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS - 1: Senator Blais.

ABSTAINED - 1: Senator Celona.

6. (99-S783) An Act relating to racketeer influences and corrupt organizations.

Committee on Judiciary recommends passage.

Senator Paiva Weed moves passage, seconded by Senator Walsh and others.

Senator Paiva Weed, seconded by Senator Goodwin, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(99-S 783)

Mr. President:

I hereby move to amend (99-S 783) entitled "AN ACT RELATING TO RACKETERRING INFLUENCES AND CORRUPT ORGANIZATIONS", as follows: On page 1,line 9, delete the overstricken word ~~"kidnapping"~~ and insert in lieu thereof the word "kidnapping".

Respectfully submitted,

M. TERESA PAIVA WEED
Senator, District 49

The motion to amend prevails 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, Badeau, Bates, Blais, Breene, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

Upon motion of Senator Paiva Weed, seconded by Senator Goodwin, read and passed, as amended, by unanimous consent, upon a roll call vote with Senators voting in the affirmative and 0 Senators voting in the negative as follows:

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

NAYS -0.

8. (99-S751) (Substitute "A") An Act relating to elections- elective meetings.

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

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

Senator Irons, seconded by Senators Celona and Cote, offers the following written motion to amend:

FLOOR AMENDMENT
TO

(99-S 751) (Substitute "A")

Mr. President:

I hereby move to amend (99-S 751) (Substitute "A") entitled "AN ACT RELATING TO ELECTIONS - ELECTIVE MEETINGS", as follows: On page 1, line 4, insert the words "primary or general" before the word "elections".

Respectfully submitted,

WILLIAM V. IRONS
Senator, District 39

Senators Kells, Graziano and Irons discuss the amendment.

The motion to amend prevails upon a roll call vote with 44 Senators voting in the affirmative and 1 Senator voting in the negative as follows:

YEAS - 44: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Celona, Coderre, Connors, Cote, Damiani, DaPonte, Doneian, Enos, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Ruggerio, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS - 1: Senator Sasso.

Senators Sasso, Irons, Izzo, Celona, Flynn and Bates discuss the act.

Senator Irons, seconded by Senator Coderre, offers an oral motion to amend.

The motion to amend prevails upon a roll call vote with 45 Senators voting in the affirmative and 1 Senator voting in the negative as follows:

YEAS - 45: Senators Algiere, Alves, Badeau, Bates, Breene, Caprio, Celona, Coderre, Connors, Cote, Damiani, DaPonte, Donelan, Enos, 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, Roberts, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh.

NAYS - 1: Senator Blais.

Upon motion of Senator Irons, seconded by Senator Coderre, the bill marked Substitute "A" is read and passed, as amended, and the original bill indefinitely postponed, upon a roll call vote with 41 Senators voting in the affirmative and 5 Senators voting in the negative as follows:

YEAS - 41: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Coderre, Connors, Cote, Damiani, DaPonte, DoneIan, Enos, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Kells, Kelly, Lenihan, McBurney, McCaffrey, McDonald, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Ruggerio, Sosnowski, Tocco, Walsh.

NAYS - 6: Senators Izzo, Revens, Roberts, Sasso, Walaska.

9. (99-S757) An Act relating to lobsters and other crustaceans.

Committee on Special Legislation recommends passage.

Senator Sosnowski moves passage, seconded by Senators Enos, Parella, Gallo, Damiani and others.

Senators Montalbano, Sosnowski, Enos, Graziano, Blais, Walaska, Walsh, Montlabano and Sasso discuss the act.

The act is read and passed, upon a roll call vote with 44 Senators voting in the affirmative and 2 Senators voting in the negative as follows:

YEAS - 44: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Doneian, Enos, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Igliozzi, Irons, Issa, Izzo, Kelly, Lenihan, McCaffrey, McDonald, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS - 2: Senators Graziano, Montalbano

10. (99-S758 as amended) An Act relating to fish and wildlife- commercial fisheries.

Committee on Special Legislation recommends passage as amended.

Senator Sosnowski moves passage, seconded by Senators Enos, Kelly, Goodwin, Connors, Irons, Walton, Gallo, Bates, Izzo, Roberts, Perry, Walsh and others.

Senators Enos, Sasso, Sosnowski, Blais and Graziano discuss the act.

The act is read and passed, as amended, upon a roll call vote with 42 Senators voting in the affirmative and 4 Senators voting in the negative as follows:

YEAS -42:SenatorsAlgiere,Badeau,Bates,Blais,Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Enos, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Igliozzi, Irons, Issa, Izzo, Kelly, Lenihan, McCaffrey, McDonald, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS - 4: Senators Alves, Graziano, Montalbano, Sasso.

11. (99-S280) (Substitute "A") An Act relating to licensing of health care facilities.

Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".

Upon suggestion of Senator Izzo, and without objection, ordered to be placed on the Calendar for Tuesday, May 4, 1999.

12. (99-S299) (Substitute "A") An Act relating to education.

Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute "A".

Senator Lenihan moves passage, seconded by Senators Coderre, Walton, Gallo, Walaska, Celona, Tocco 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 42 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 42: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Flynn, Fogarty, Gallo, Gibbs, Goodwin, Graziano, Iglioz~i, Irons, Issa, Izzo, Kelly, Lenihan, McCaffrey, Montalbano, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Tocco, Walaska, Walsh, Walton.

NAYS -0.

13. (99-S453) An Act relating to physicians assistants.

Committee on Health, Education and Welfare recommends passage.

Senator Izzo moves passage, seconded by Senators Coderre and Tocco.

Senators Alves, Izzo and Blais discuss the act.

The act is read and passed, upon a roll call vote with 39 Senators voting in the affirmative and 5 Senators voting in the negative as follows:

YEAS - 39: Senators Algiere, Badeau, Bates, Blais, Breene, Caprio, Celona, Coderre, Connors, Cote, Damiani, DaPonte, Enos, Fogarty, Gibbs, Goodwin, Igliozzi, Irons, Issa, Izzo, Kelly, Lenihan, McCaffrey, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS 5: Senators Alves, Cicilline, Flynn, Graziano, Sasso.

14. (99-S162) (Substitute "A") An Act relating to criminal offenses - dueling and fighting.

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

Upon suggestion of Senator Perry, and without objection, ordered to be placed on the Calendar for Wednesday, May 5, 1999.

15. (99-S332) An Act relating to criminal procedure expungement of criminal records.

Committee on Judiciary recommends passage.

Senator Breene moves passage, seconded by Senators Blais, Cote, Tocco and others.

The act is read and passed, by unanimous consent, upon a roll call vote with 41 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS - 41: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Coderre, Connors, Cote, Damiani, DaPonte, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kelly, McCaffrey, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska,Walsh.

NAYS -0.

16. (99-S388) An Act relating to courts and civil procedure-- judicial selection.

Committee on Judiciary recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the bottom of the Calendar.

17. (99-S395) An Act relating to criminal offenses - weapons.

Committee on Judiciary recommends passage.

Upon suggestion of Senator Enos, and without objection, ordered to be placed on the bottom of the Calendar.

18. (99-S879) An Act relating to causes of action.

Committee on Judiciary recommends passage.

Senator Paiva Weed moves passage, seconded by Senators Kelly, Graziano, Goodwin, Walsh, Tocco and others.

The act is read and passed, by unanimous consent, upon a roll call vote with 43 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS 43: Senators Algiere, Alves, Badeau, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kelly, McCaffrey, Montalbano, Oster, Paiva Weed, Parella, Patterson, Perry, Raptakis, Revens, Roberts, Roney, Ruggerio, Sasso, Sosnowski, Tocco, Walaska, Walsh, Walton.

NAYS -0.

20. (99-S894) An Act relating to mandated benefits review act.

Committee on Corporations recommends passage.

Upon suggestion of Senator Blais, and without objection, ordered to be placed at the top of the Calendar for Tuesday, May 4, 1999.

Upon suggestion of Senator Enos, and without objection, the remainder of the Calendar is deferred to Tuesday, May 4, 1999.

FROM THE

HOUSE OF REPRESENTATIVES

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

(99-H 6430) An Act relating to the Coventry Fire Department.

Senator Raptakis requests unanimous consent for immediate consideration.

Unanimous consent for immediate consideration is granted.

Upon motion of Senator Raptakis, seconded by Senators Kelly and Blais, and by unanimous consent, read and passed, in concurrence, under suspension of the rules, upon roll call vote with 38 Senators voting in the affirmative and 0 Senators voting in the negative as follows:

YEAS 38: Senators Algiere, Bates, Blais, Breene, Caprio, Celona, Cicilline, Coderre, Connors, Cote, Damiani, DaPonte, Enos, Flynn, Fogarty, Gibbs, Goodwin, Graziano, Igliozzi, Irons, Issa, Izzo, Kelly, Lenihan, McCaffrey, Montalbano, Oster, Parella, Patterson, Perry, Raptakis, Revens, Roney, Sasso, Sosnowski, Tocco, Walsh, Walton.

NAYS -0.

Also:

(99-H 5803) An Act relating to insurance -accident and sickness insurance policies.

Read and referred to the Committee on Corporations.

Also:

(99-H 5882) An Act relating to lay away sales.

Read and referred to the Committee on Corporations.

Also:

(99-H 5966) An Act relating to business corporations.

Read and referred to the Committee on Corporations.

Also:

(99-H 6255) 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, an addition to Coventry High School to house a career and technical facility, an athletic complex, an 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.

Read and referred to the Committee on Corporations.

Also:

(99-H 5875) (Substitute "A") An Act relating to the Narragansett Bay Water Quality Management District Commission.

Read and referred to the Committee on Finance.

Also:

(99-H 6017) An Act relating to businesses and professions- advertising by dentists.

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

Also:

(99-H 5042) (Substitute "A") An Act relating to criminal offenses- weapons.

Read and referred to the Committee on Judiciary.

Also:

(99-H 5078) (Substitute "A" as amended) An Act relating to criminal - correctional institutions -parole.

Read and referred to the Committee on Judiciary.

Also:

(99-H 5241) An Act relating to health and safety - bicycle helmets.

Read and referred to the Committee on Judiciary.

Also:

(99-H 5535) (Substitute "A") An Act relating to election, voting equipment, and supplies.

Read and referred to the Committee on Judiciary.

Also:

(99-H 6023) An Act relating to criminal offenses -weapons.

Read and referred to the Committee on Judiciary.

Also:

(99-H 5276) An Act relating to animals and animal husbandry.

Read and referred to the Committee on Special Legislation.

Also:

(99-H 5884) An Act relating to alcoholic beverages.

Read and referred to the Committee on Special Legislation.

CONGRATULATIONS

Senator Kelly extends congratulations and best wishes to Senator Izzo on being recognized as the Legislator of the Year by the United Way of Southeastern New England.

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.

ANNOUNCEMENT

Senator Lenihan announces that the Committee on Finance will meet on Tuesday, May 4, 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 5:46 o'clock P.M.

RAYMOND T. HOYAS, JR.
Clerk of the Senate

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