State of Rhode Island and Providence Plantations

JOURNAL -OF THE- HOUSE OF REPRESENTATIVES

JANUARY SESSION of the General Assembly begun and held at the State House in the City of Providence on Tuesday, the fourth day of January in the year of Our Lord two thousand and eleven.

Volume 138, No. 9 Thursday, January 27, 2011 Ninth Day

The House of Representatives meets at the State House in Providence, Thursday, January 27, 2011 and is called to order at 4:25 o’clock P.M., by the Honorable Gordon D. Fox, Speaker.

The roll is called and a quorum is declared present with 64 members present and 11 members absent as follows:

PRESENT - 64: The Honorable Speaker Fox and Representatives Ajello, Azzinaro, Baldelli-Hunt, Bennett, Blazejewski, Carnevale, Chippendale, Cimini, Coderre, Corvese, Costa, DaSilva, Diaz, Dickinson, Edwards, Ehrhardt, Fellela, Ferri, Flaherty, Gallison, Guthrie, Handy, Hearn, Hull, Jacquard, Johnston, Keable, Kennedy, MacBeth, Malik, Marcello, Martin, Mattiello, McLaughlin, McNamara, Medina, Melo, Menard, Morgan, Morrison, Newberry, Nunes, O'Grady, O'Neill, Petrarca, Phillips, Reilly, Ruggiero, San Bento, Savage, Schadone, Serpa, Silva, Slater, Tanzi, Tarro, Tomasso, Ucci, Valencia, Walsh, Watson, Williams, Winfield.

ABSENT - 11: Representatives Brien, DeSimone, Gordon, Jackson, Lally, Lima, McCauley, Messier, Naughton, Palumbo, Trillo.

INVOCATION

The Honorable Speaker presents Representative Medina who delivers the Invocation and leads the membership in the Pledge of Allegiance to the Flag.

(For Invocation, see Appendix, this Journal.)

APPROVAL OF RECORD

By unanimous consent, the House Journals of Thursday, January 20, 2011 and Tuesday, January 25, 2011 is approved as printed.

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COMMUNICATION

The Honorable Speaker announces the receipt of the following communication:

January 27, 2011

The Honorable Gordon Fox Speaker, RI House of Representatives State House, Room 323 Providence, RI 02903

Dear Speaker Fox:

I am unable to attend today’s legislation session due to illness.

Sincerely,

Daniel P. Gordon, Jr. State Representative District 71

Received and placed on file. ANNOUNCEMENTS

January 27, 2011

Please be informed that Representative Mary Duffy Messier will not be attending Session today, January 27, 2011, due to illness.

January 27, 2011

Please be informed that Representative Jon Brien will not be attending Session today, January 27, 2011.

APPOINTMENTS

January 26, 2011

Representative John Savage 126 Thurston Street East Providence, RI 02915

Dear Representative Savage:

It is my pleasure to appoint you to the Task Force on the Education of Children and Youth in the Care of the Department of Children, Youth and Families. Enclosed please find a copy of the appointment that has this date been filed with the Rhode Island Secretary of State.

Very truly yours,

Gordon D. Fox Speaker of the House

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Received and placed on file.

JANUARY 27, 2011

I hereby make the following appointments to the:

SPECIAL LEGISLATIVE COMMISSION ON DEFENSE ECONONY PLANNING

Representative Brian Kennedy Representative Representative J. Russell Jackson Representative Stephen Ucci Representative Doreen Costa Representative Daniel Gordon

Received and placed on file.

JANUARY 27, 2011

I hereby appoint the following to the:

FINANCE COMMITTEE SUB COMMITTEE ON EDUCATION

Representative – Chairperson Representative Representative Representative Scott Slater Representative Representative John Savage

Received and placed on file. JANUARY 27, 2011 I hereby appoint the following to the:

FINANCE COMMITTEE SUB COMMITTEE ON HUMAN SERVICES

Representative Eileen Naughton – Chairwoman Representative Raymond Gallison Representative Joy Hearn Representative Agostinho Silva Representative Scott Slater Representative Larry Valencia Representative Laurence Ehrhardt

Received and placed on file.

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JANUARY 27, 2011

I hereby appoint the following to the:

FINANCE COMMITTEE SUB COMMITTEE ON TRANSPORTATION

Representative Agostinho Silva – Chairperson Representative Raymond Gallison Representative Jan Malik Representative John McCauley Representative Larry Valencia Representative Dan Reilly

Received and placed on file.

JANUARY 27, 2011

I hereby appoint the following to the:

FINANCE COMMITTEE SUB COMMITTEE ON GENERAL GOVERNMENT/PUBLIC SAFETY

Representative J. Russell Jackson – Chairperson Representative Representative Raymond Gallison Representative Jan Malik Representative John McCauley Representative William SanBento Representative Scott Slater Representative Larry Valencia Representative Dan Reilly

Received and placed on file.

JANUARY 27, 2011

I hereby appoint the following to the:

FINANCE COMMITTEE SUB COMMITTEE ON ENVIRONMENT/HEALTH & HEALTH ADVOCATES

Representative Raymond Gallison – Chairman Representative Frank Ferri Representative Jan Malik Representative Eileen Naughton Representative Agostinho Silva Representative Larry Valencia Representative Laurence Ehrhardt

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Received and placed on file.

NEW BUSINESS

House Bill No. 5147 BY Ucci, Fellela, Petrarca, Martin, Corvese ENTITLED, AN ACT RELATING TO FINANCIAL INSTITUTIONS -- SECURITY (would require all financial institutions and credit unions to video tape their customer doors, automatic teller machines, and night deposit repositories.) {LC625/1} 01/27/2011 Introduced, referred to House Corporations

House Bill No. 5148 BY Naughton, Coderre E, Morrison, Ferri, Tomasso ENTITLED, AN ACT RELATING TO MENTAL HEALTH, RETARDATION AND HOSPITALS -- DEVELOPMENTALLY DISABLED ADULTS (would offer private operators of state-owned group homes the right of first refusal should the state to decide to sell the facility.) {LC431/1} 01/27/2011 Introduced, referred to House Corporations

House Bill No. 5149 BY Petrarca ENTITLED, AN ACT RELATING TO INSURANCE -- CASUALTY INSURANCE GENERALLY (would provide that coverage under an insurance policy may only be voided to an insured who committed a fraud or policy violation and coverage would not be denied to an innocent spouse or estate of an innocent spouse) {LC669/1} 01/27/2011 Introduced, referred to House Corporations

House Bill No. 5150 BY Petrarca, Ucci, O`Neill JP ENTITLED, AN ACT RELATING TO MOTOR AND OTHER VEHICLES -- TAXATION (expand the definition of owners of motor vehicles for registration & property tax purposes, to incl. partnerships, firms, associations, corporations, limited liability comp., & other legal entities which operate on state roads for more than 30 days.) {LC666/1} 01/27/2011 Introduced, referred to House Corporations

House Bill No. 5151 BY Williams ENTITLED, AN ACT RELATING TO PUBLIC UTILITIES AND CARRIERS -- DUTIES OF UTILITIES AND CARRIERS (would prohibit termination of services on a Friday, Saturday, Sunday or any state celebrated holiday) {LC607/1} 01/27/2011 Introduced, referred to House Corporations

House Bill No. 5152 BY Gordon, Costa, Chippendale, Reilly, Morgan ENTITLED, AN ACT RELATING TO HEALTH AND SAFETY (would give residents of the State of Rhode Island the right to purchase or refuse to purchase health insurance with no penalty to be incurred for the refusal to purchase health insurance) {LC478/1} 01/27/2011 Introduced, referred to House Corporations

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House Bill No. 5153 BY Ucci, Petrarca, Hearn, Phillips, Martin ENTITLED, AN ACT RELATING TO TAXATION -- BUSINESS CORPORATION TAX (would reduce the minimum corporate tax to fifty dollars) {LC493/1} 01/27/2011 Introduced, referred to House Finance

House Bill No. 5154 BY Schadone, Winfield ENTITLED, AN ACT RELATING TO EDUCATION - THE RHODE ISLAND STUDENT LOAN AUTHORITY (would require the RISLA to sell its federal student loan portfolio to any interested party offering the best price. The revenue generated from this sale would be directed to the state's general fund) {LC328/1} 01/27/2011 Introduced, referred to House Finance

House Bill No. 5155 BY Schadone, Malik, Corvese ENTITLED, AN ACT RELATING TO PUBLIC FINANCE -- STATE BUDGET (would limit increases in state spending to correspond with increases in the Consumer Price Index, but would not increase by more than three percent) {LC330/1} 01/27/2011 Introduced, referred to House Finance

House Resolution No. 5156 BY Schadone, Corvese ENTITLED, JOINT RESOLUTION TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF AMENDMENT TO THE CONSTITUTION OF THE STATE (STATE BUDGET) {LC333/1} 01/27/2011 Introduced, referred to House Finance

House Bill No. 5157 BY Phillips, Reilly, Brien, Bennett, Newberry ENTITLED, AN ACT RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR FUEL TAX (would reduce the gasoline tax by five cents from thirty-two cents per gallon to twenty-seven cents per gallon) {LC466/1} 01/27/2011 Introduced, referred to House Finance

House Bill No. 5158 BY Phillips, Brien, Newberry ENTITLED, AN ACT RELATING TO TAXATION - CIGARETTE TAX (would reduce the cigarette tax by one dollar per pack) {LC479/1} 01/27/2011 Introduced, referred to House Finance

House Bill No. 5159 BY Ucci, Fellela, Petrarca, Carnevale ENTITLED, AN ACT RELATING TO HEALTH AND SAFETY - RHODE ISLAND RESOURCE RECOVERY CORPORATION (would require the resource recovery corp. to pay to

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the town of Johnston annually six million dollars. This amount would be in addition to any other monies paid to the town by the corporation.) {LC496/1} 01/27/2011 Introduced, referred to House Finance

House Resolution No. 5160 BY Williams ENTITLED, JOINT RESOLUTION REINSTATING AND EXTENDING THE REPORTING DATE OF THE SPECIAL LEGISLATIVE COMMISSION TO STUDY AND DEVELOP A STRATEGY FOR IMPROVING TRADE RELATIONS WITH THE COUNTRIES OF THE CONTINENT OF AFRICA (would reinstate & extend the reporting & expiration dates of the special legislative commission to study & develop a strategy for improving trade relations with the countries of the continent of Africa) {LC606/1} 01/27/2011 Introduced, referred to House Finance

House Bill No. 5161 BY San Bento, Phillips, Ucci, Brien, Williams ENTITLED, AN ACT RELATING TO ELECTIONS -- RHODE ISLAND CAMPAIGN CONTRIBUTIONS AND EXPENDITURES REPORTING (would eliminate the additional qualification requirements of independent candidates who wish to participate in the matching public funds program...) {LC620/1} 01/27/2011 Introduced, referred to House Finance

House Bill No. 5162 BY Messier, Coderre E, Johnston ENTITLED, AN ACT RELATING TO MOTOR AND OTHER VEHICLES (would allocate fifty percent of the fines collected for violations for crossing the Pawtucket River Bridge to the city of Pawtucket for the repair of roads used as a detour and to assist businesses affected by the detour) {LC471/1} 01/27/2011 Introduced, referred to House Finance

House Bill No. 5163 BY McNamara ENTITLED, AN ACT RELATING TO HEALTH AND SAFETY -- ESTABLISHING THE RHODE ISLAND TOBACCO CONTROL PROGRAM (would codify the establishment of a tobacco control program in the department of health and would provide funding at the level provided in the fiscal year 2010 budget as originally enacted) {LC134/1} 01/27/2011 Introduced, referred to House Finance

House Bill No. 5164 BY Reilly, Gallison, Edwards, Gordon ENTITLED, AN ACT IN ACCORDANCE WITH RHODE ISLAND GENERAL LAWS SECTION 16-7-44 APPROVING THE ISSUANCE OF $350,000 BONDS BY THE TOWN OF PORTSMOUTH TO FINANCE IMPROVEMENTS TO SCHOOL BUILDINGS INCLUDING, BUT NOT LIMITED TO, BONDS AND NOTES ISSUED PURSUANT TO FINANCING AGREEMENTS WITH THE RHODE ISLAND HEALTH AND EDUCATIONAL BUILDING CORPORATION (would serve as the enabling act required by RI General Laws section 16-7-44

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in order for the principal and interest on bonds issued in support of school housing projects to be eligible for state housing aid reimbursement.) {LC627/1} 01/27/2011 Introduced, referred to House Finance

House Bill No. 5165 BY Gallison, Naughton, Slater, Serpa, Ferri ENTITLED, AN ACT RELATING TO MENTAL HEALTH, RETARDATION AND HOSPITALS - COMMUNITY RESIDENCES (would waive reimbursement for funds for certain expenses provided to operators of non-profit community residences after a period of ten years has elapsed since receipt of said funds by the operator.) {LC562/1} 01/27/2011 Introduced, referred to House Finance

House Resolution No. 5166 BY Schadone ENTITLED, HOUSE RESOLUTION CREATING A SPECIAL HOUSE COMMISSION TO STUDY THE EFFECTIVENESS OF THE TAX CREDIT PROGRAMS IN THE STATE OF RHODE ISLAND (would create a seven member special legislative study commission whose purpose it would be to make a comprehensive study for improving the effectiveness of the tax credit programs in the state) {LC343/1} 01/27/2011 Introduced, referred to House Finance

House Bill No. 5167 BY Schadone, Malik, Corvese ENTITLED, AN ACT RELATING TO TAXATION -- BUSINESS CORPORATION TAX (would reduce the corporate minimum tax from five hundred dollars to two hundred fifty dollars) {LC335/1} 01/27/2011 Introduced, referred to House Finance

House Bill No. 5168 BY Petrarca, Winfield ENTITLED, AN ACT RELATING TO EDUCATION - HIGHER EDUCATION ASSISTANCE AUTHORITY {LC673/1} 01/27/2011 Introduced, referred to House Finance

House Bill No. 5169 BY Petrarca ENTITLED, AN ACT RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS (would mandate that all public and private elementary and secondary schools in the state shall have functional automatic external defibrillators on school grounds at all times) {LC671/1} 01/27/2011 Introduced, referred to House Finance

House Bill No. 5170 BY Guthrie, Bennett, Tanzi, Cimini, Handy ENTITLED, AN ACT RELATING TO TAXATION - PERSONAL INCOME TAX (would add a four percent additional tax on all personal income over five hundred thousand dollars) {LC403/1} 01/27/2011 Introduced, referred to House Finance

H.J. -- 9 JOURNAL Thursday, January 27, 2011

House Bill No. 5171 BY Guthrie, Bennett, Tanzi, Cimini, Handy ENTITLED, AN ACT RELATING TO TAXATION - PERSONAL INCOME TAX (would add a two percent additional tax on all personal income over five hundred thousand dollars) {LC619/1} 01/27/2011 Introduced, referred to House Finance

House Bill No. 5172 BY Ucci ENTITLED, AN ACT RELATING TO EDUCATION - ELIGIBILITY FOR ATTENDANCE {LC477/1} 01/27/2011 Introduced, referred to House H.E.W.

House Bill No. 5173 BY Naughton, Messier, Coderre E, Walsh, Cimini ENTITLED, AN ACT RELATING TO HEALTH AND SAFETY -- WOMEN'S CARDIOVASCULAR SCREENING AND RISK REDUCTION PILOT PROGRAM (would establish a women's cardiovascular screening and risk reduction pilot program) {LC703/1} 01/27/2011 Introduced, referred to House H.E.W.

House Bill No. 5174 (by request) BY Lally ENTITLED, AN ACT RELATING TO HOLIDAYS AND DAYS OF SPECIAL OBSERVANCE - DAYS OF SPECIAL OBSERVANCE (would designate the last Saturday in the month of October as ) {LC380/1} 01/27/2011 Introduced, referred to House H.E.W.

House Resolution No. 5175 BY Tomasso, Walsh, Valencia, Ajello, Costa ENTITLED, HOUSE RESOLUTION CREATING A SPECIAL LEGISLATIVE COMMISSIONTO MONITOR THE FINANCIAL IMPACT OF THE EXPENDITURE OF FEDERAL RACE TO THE TOP FUNDS ON LOCAL SCHOOL DISTRICT RECIPIENTS {LC92/1} 01/27/2011 Introduced, referred to House H.E.W.

House Bill No. 5176 BY McNamara, Ferri, Lima, Bennett, Hull ENTITLED, AN ACT RELATING TO HUMAN SERVICES -- ENCOURAGING VOLUNTEER EFFORTS OF PHYSICIANS AND DENTISTS AT FREE HEALTH CLINICS {LC131/1} 01/27/2011 Introduced, referred to House H.E.W.

House Resolution No. 5177 BY Ucci, Newberry, Brien, Martin, Carnevale ENTITLED, JOINT RESOLUTION TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF AMENDMENT TO THE CONSTITUTION OF THE STATE

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(GOVERNOR AND LIEUTENANT GOVERNOR TO APPEAR JOINTLY ON THE BALLOT) {LC512/1} 01/27/2011 Introduced, referred to House Judiciary

House Bill No. 5178 BY Martin, Ucci ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES (allow Richard Lupatkin to join Jamie Michelle Kaplan and Matthew Scott Sussman in marriage within the City of Providence, Rhode Island, on or about September 4, 2011) {LC697/1} 01/27/2011 Introduced, referred to House Judiciary

House Bill No. 5179 BY Lally ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES (allow Christopher Germer to join Nicole Lauren Herschenhous and David Adam Lovas in marriage within the Town of Narragansett, Rhode Island, on or about April 30, 2011.) {LC617/1} 01/27/2011 Introduced, referred to House Judiciary

House Bill No. 5180 BY Williams ENTITLED, AN ACT RELATING TO HUMAN SERVICES - PUBLIC ASSISTANCE ACT -- MEDICAL ASSISTANCE AND ABORTIONS {LC600/1} 01/27/2011 Introduced, referred to House Judiciary

House Bill No. 5181 BY Petrarca ENTITLED, AN ACT RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE IN PARTICULAR ACTIONS (would permit parents of a deceased child who are divorced, separated, living apart or never married to file a motion requesting the judge to apportion fairly any amount awarded in a wrongful death action) {LC668/1} 01/27/2011 Introduced, referred to House Judiciary

House Bill No. 5182 BY Petrarca ENTITLED, AN ACT RELATING TO CRIMINAL OFFENSES -- FAILURE TO PAY CHILD SUPPORT (would decrease the amount of child support arrearage constituting a felony from ten thousand dollars to five thousand dollars) {LC672/1} 01/27/2011 Introduced, referred to House Judiciary

House Bill No. 5183 BY Ucci, Petrarca, O`Neill JP, Newberry ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT - ADMINISTRATION PROCEDURES (would require that the general assembly approve any adoption, amendment or repeal of any state agency or departments proposed rule or requirements) {LC502/1} 01/27/2011 Introduced, referred to House Judiciary

H.J. -- 11 JOURNAL Thursday, January 27, 2011

House Bill No. 5184 BY Serpa, Fellela, Williams, Ruggiero, Tomasso ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- PAYMENT OF WAGES {LC473/1} 01/27/2011 Introduced, referred to House Labor

House Bill No. 5185 BY Hull, McLaughlin, Bennett, DaSilva, Nunes ENTITLED, AN ACT RELATING TO WORKERS' COMPENSATION -- EXEMPT EMPLOYERS (would exempt employers with three or fewer employees from the workers' compensation laws.) {LC409/1} 01/27/2011 Introduced, referred to House Labor

House Bill No. 5186 BY Newberry, O`Neill JP, Gordon ENTITLED, AN ACT RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS (would remove the requirement for school bus monitors in grades kindergarten through five) {LC570/1} 01/27/2011 Introduced, referred to House Municipal Government

House Bill No. 5187 BY Keable, Newberry ENTITLED, AN ACT RELATING TO THE TOWN OF BURRILLVILLE - VALIDATING AND RATIFYING AMENDMENTS TO HOME RULE CHARTER (would ratify the Home Rule Charter of Burrillville as amended on November 2, 2010) {LC614/1} 01/27/2011 Introduced, referred to House Municipal Government

House Bill No. 5188 BY Petrarca, Winfield, O`Neill JP, Ucci ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT - OPEN MEETINGS (would provide that in the town of Smithfield notice of a school committee meeting would not be required to be posted in a paid newspaper.) {LC667/1} 01/27/2011 Introduced, referred to House Municipal Government

House Bill No. 5189 BY Petrarca, Ucci, O`Neill JP, Winfield, Carnevale ENTITLED, AN ACT RELATING TO MOTOR AND OTHER VEHICLES -- PUPIL TRANSPORTATION VEHICLES (would authorize the school committee of any city, town or regional school district to sell advertising space on school buses) {LC670/1} 01/27/2011 Introduced, referred to House Municipal Government

House Resolution No. 5190 BY Schadone, Corvese, Marcello, Jackson ENTITLED, HOUSE RESOLUTION CREATING A SPECIAL HOUSE COMMISSION TO STUDY REGIONALIZING CITY AND TOWN DEED REGISTRIES BY COUNTY IN THE STATE OF RHODE ISLAND {LC342/1} 01/27/2011 Introduced, referred to House Municipal Government

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House Bill No. 5191 BY Costa, Newberry, McLaughlin, Gordon ENTITLED, AN ACT RELATING TO PUBLIC PROPERTY AND WORKS -- CONTRACTORS' BONDS (would relieve municipalities from the requirement of deducting from construction contracts an additional sum to pay the costs of municipal police traffic control on public works project) {LC557/1} 01/27/2011 Introduced, referred to House Municipal Government

House Bill No. 5192 BY Schadone, Malik, Corvese ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- ECONOMIC DEVELOPMENT (would create a small business revolving loan and credit enhancement fund to be administered by the RI economic development corporation to help Rhode Island employers with one hundred or fewer employees) {LC331/1} 01/27/2011 Introduced, referred to House Committee on Small Business

House Resolution No. 5193 BY Fox ENTITLED, HOUSE RESOLUTION CREATING A SPECIAL HOUSE COMMISSION TO STUDY PUBLIC HIGHER EDUCATION AFFORDABILITY AND ACCESSIBILITY IN THE STATE OF RHODE ISLAND {LC592/1}

With the agreement of the Minority, Representative Mattiello requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on a motion of Representative Mattiello seconded by Representatives Ucci, McNamara, Diaz, Morrison, Tomasso, Ajello and Dickinson by unanimous consent, on a voice vote.

House Resolution No. 5194 BY Fox ENTITLED, HOUSE RESOLUTION CREATING A SPECIAL HOUSE COMMISSION TO STUDY MUNICIPAL FINANCIAL INTEGRITY IN THE STATE OF RHODE ISLAND {LC587/1}

With the agreement of the Minority, Representative Coderre requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on a motion of Representative Coderre seconded by Representatives Mattiello, Tomasso, Morrison, Ajello, Valencia, Blazejewski Tanzi, Nunes and Walsh by unanimous consent, on a voice vote.

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House Resolution No. 5195 BY Watson, Costa, Menard, MacBeth, O`Neill JP ENTITLED, HOUSE RESOLUTION CONGRATULATING THE HONORABLE RAYMOND E. SHAWCROSS ON THE OCCASION OF HIS RETIREMENT FROM THE RHODE ISLAND FAMILY COURT {LC824/1}

Representative Watson requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on a motion of Representative Watson seconded by Representatives Mattiello, Menard, Coderre, Marcello, Tarro, Azzinaro, Slater, San Bento and Carnevale by unanimous consent, on a voice vote.

With the agreement of the Majority and the Minority, Representative Ehrhardt requests to place (11-H 5196) on the Calendar for Tuesday, 1, 2011. There is no objection.

House Resolution No. 5196 BY Ehrhardt, Savage, Costa, Morgan, Reilly ENTITLED, HOUSE RESOLUTION PROCLAIMING FEBRUARY 6TH TO BE "RONALD " IN THE STATE OF RHODE ISLAND {LC507/1} 01/27/2011 Placed on House Calendar

House Resolution No. 5197 BY Malik, Hearn, McNamara, Schadone, Savage ENTITLED, HOUSE RESOLUTION CONGRATULATING STUART FINNEY ON EARNING THE PRESTIGIOUS TITLE OF UNITED STATES CHESS FEDERATION NATIONAL CHESS MASTER {LC392/1}

Representative Malik requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on a motion of Representative Malik seconded by Representatives Hearn, McNamara, Schadone, Savage, Newberry, Valencia and Morrison by unanimous consent, on a voice vote.

House Resolution No. 5198 BY Azzinaro, Kennedy ENTITLED, HOUSE RESOLUTION COMMEMORATING THE 125TH ANNIVERSARY OF THE FOUNDING OF CHURCH {LC782/1}

With the agreement of the Majority and the Minority, Representative Azzinaro requests unanimous consent for immediate consideration.

There is no objection.

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Read and passed, on a motion of Representative Azzinaro seconded by Representatives Kennedy and Corvese by unanimous consent, on a voice vote.

House Resolution No. 5199 BY Slater, Diaz ENTITLED, HOUSE RESOLUTION EXPRESSING PROFOUND SYMPATHY ON THE PASSING OF THE VENERABLE ROS MEY {LC186/1}

Representative Slater requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on a motion of Representative Slater seconded by Representative Diaz by unanimous consent, on a rising vote.

House Resolution No. 5200 BY Morgan, Serpa, Ehrhardt, Watson, Nunes ENTITLED, HOUSE RESOLUTION RECOGNIZING AND HONORING JOHN J. CLARKE, JR., FOR HIS DEDICATED SERVICE TO THE PEOPLE OF THE STATE OF RHODE ISLAND {LC810/1}

With the agreement of the Majority and the Minority, Representative Morgan requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on a motion of Representative Morgan seconded by Representatives Serpa, Ehrhardt, Watson, Nunes, Savage, Newberry, Reilly Marcello and Costa by unanimous consent, on a voice vote.

COMMUNICATION FROM THE SENATE

A message from the Honorable Senate transmits with announcement of passage, of the following measures:

Senate Bill No. 81 BY Bates ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES {LC615/1} 01/27/2011 Referred to House Judiciary

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CALENDAR

From the Calendar are taken:

IN ORDER FOR THURSDAY, JANUARY 27, 2011:

With the agreement of the Majority and the Minority, Representative Ajello moves to bundle items 1-8 on today’s Calendar, seconded by Representatives O’Neill, Mattiello, Coderre, Medina, Walsh, Tarro, Tanzi, Martin, Williams, Ruggiero, Morrison, Ehrhardt, Costa, Reilly, Blazejewski, Azzinaro and McLaughlin. There is no objection. The motion to bundle prevails on a roll call vote, 61 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 61: The Honorable Speaker Fox and Representatives Ajello, Azzinaro, Baldelli-Hunt, Bennett, Blazejewski, Carnevale, Chippendale, Cimini, Coderre, Corvese, Costa, DaSilva, Diaz, Dickinson, Edwards, Ehrhardt, Fellela, Ferri, Flaherty, Gallison, Guthrie, Handy, Hearn, Hull, Johnston, Keable, Kennedy, MacBeth, Marcello, Martin, Mattiello, McLaughlin, McNamara, Medina, Melo, Menard, Morgan, Morrison, Newberry, Nunes, O'Grady, O'Neill, Petrarca, Phillips, Reilly, Ruggiero, San Bento, Savage, Schadone, Serpa, Silva, Slater, Tanzi, Tarro, Tomasso, Ucci, Valencia, Walsh, Williams, Winfield.

NAYS - 0.

1 2011-H 5014 BY Newberry ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES

Committee on Judiciary recommends passage.

2 2011-H 5015 BY Ehrhardt ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES

Committee on Judiciary recommends passage.

3 2011-H 5018 BY Ucci ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES

Committee on Judiciary recommends passage.

4 2011-H 5036 BY DaSilva ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES

Committee on Judiciary recommends passage.

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5 2011-H 5037 BY Martin ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES

Committee on Judiciary recommends passage.

6 2011-H 5038 BY Martin ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES

Committee on Judiciary recommends passage.

7 2011-H 5039 BY Martin ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES

Committee on Judiciary recommends passage.

8 2011-H 5044 BY Martin ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES

Committee on Judiciary recommends passage.

Representative Ajello moves passage of the bundle (items 1-8), seconded by Representatives O’Neill, Mattiello, Coderre, Medina, Walsh, Tarro, Tanzi, Martin, Williams, Ruggiero, Morrison, Ehrhardt, Costa, Reilly, Blazejewski, Azzinaro and McLaughlin.

Passage of the bundle prevails on a roll call vote, 61 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 61: The Honorable Speaker Fox and Representatives Ajello, Azzinaro, Baldelli-Hunt, Bennett, Blazejewski, Carnevale, Chippendale, Cimini, Coderre, Corvese, Costa, DaSilva, Diaz, Dickinson, Edwards, Ehrhardt, Fellela, Ferri, Flaherty, Gallison, Guthrie, Handy, Hearn, Hull, Johnston, Keable, Kennedy, MacBeth, Marcello, Martin, Mattiello, McLaughlin, McNamara, Medina, Melo, Menard, Morgan, Morrison, Newberry, Nunes, O'Grady, O'Neill, Petrarca, Phillips, Reilly, Ruggiero, San Bento, Savage, Schadone, Serpa, Silva, Slater, Tanzi, Tarro, Tomasso, Ucci, Valencia, Walsh, Williams, Winfield.

NAYS - 0.

9 2011-H 5009 BY Brien ENTITLED, AN ACT TO VACATE THE FORFEITURE OR REVOCATION OF THE CHARTER OF THE RHODE ISLAND JUVENILE OFFICERS ASSOCIATION, INC.

Committee on Corporations recommends passage.

H.J. -- 17 JOURNAL Thursday, January 27, 2011

Read, and by unanimous consent, ordered to be placed on the Calendar for Tuesday, February, 1, 2011.

10 2011-H 5078 BY Lally ENTITLED, AN ACT TO VACATE THE FORFEITURE OR REVOCATION OF THE CHARTER OF SUMMER HOUSE, LLC

Committee on Corporations recommends passage.

Representative Kennedy moves passage of the act, seconded by Representatives O’Neill, Medina, Nunes and Tanzi.

Read and passed, on a roll call vote, 60 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 60: The Honorable Speaker Fox and Representatives Ajello, Azzinaro, Baldelli-Hunt, Bennett, Blazejewski, Carnevale, Chippendale, Cimini, Coderre, Corvese, Costa, DaSilva, Diaz, Dickinson, Edwards, Ehrhardt, Fellela, Flaherty, Gallison, Guthrie, Handy, Hearn, Hull, Johnston, Keable, Kennedy, MacBeth, Marcello, Martin, Mattiello, McLaughlin, McNamara, Medina, Melo, Menard, Morgan, Morrison, Newberry, Nunes, O'Grady, O'Neill, Petrarca, Phillips, Reilly, Ruggiero, San Bento, Savage, Schadone, Serpa, Silva, Slater, Tanzi, Tarro, Tomasso, Ucci, Valencia, Walsh, Williams, Winfield.

NAYS - 0.

11 2011-S 36 BY Bates ENTITLED, AN ACT TO VACATE THE FORFEITURE OR REVOCATION OF THE CHARTER OF PROVIDENCE JEWELERS' CLUB

Committee on Corporations recommends passage in concurrence.

Representative Kennedy moves passage of the act, seconded by Representatives Marcello, Hearn and Medina.

Read and passed, in concurrence, on a roll call vote, 58 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 58: The Honorable Speaker Fox and Representatives Ajello, Azzinaro, Baldelli-Hunt, Bennett, Blazejewski, Chippendale, Cimini, Coderre, Corvese, Costa, DaSilva, Diaz, Dickinson, Edwards, Ehrhardt, Fellela, Ferri, Flaherty, Gallison, Guthrie, Handy, Hull, Johnston, Keable, Kennedy, MacBeth, Martin, Mattiello, McLaughlin, McNamara, Medina, Melo, Menard, Morgan, Morrison, Newberry, Nunes, O'Grady, O'Neill, Petrarca, Phillips, Reilly, Ruggiero, San Bento, Savage, Schadone, Serpa, Silva, Slater, Tanzi, Tarro, Tomasso, Ucci, Valencia, Walsh, Williams, Winfield.

H.J. -- 18 JOURNAL Thursday, January 27, 2011

NAYS - 0.

12 2011-S 38 BY Tassoni ENTITLED, AN ACT TO VACATE THE FORFEITURE OR REVOCATION OF THE CHARTER OF NEW ENGLAND CARPET CONSULTANTS, INC.

Committee on Corporations recommends passage in concurrence.

Representative Kennedy moves passage of the act, seconded by Representatives Marcello and Medina.

Read and passed, in concurrence, on a roll call vote, 59 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 59: The Honorable Speaker Fox and Representatives Ajello, Azzinaro, Baldelli-Hunt, Bennett, Blazejewski, Carnevale, Chippendale, Cimini, Coderre, Corvese, Costa, DaSilva, Diaz, Dickinson, Edwards, Ehrhardt, Fellela, Ferri, Flaherty, Guthrie, Handy, Hearn, Hull, Johnston, Keable, Kennedy, MacBeth, Marcello, Mattiello, McLaughlin, McNamara, Medina, Melo, Menard, Morgan, Morrison, Newberry, Nunes, O'Grady, O'Neill, Petrarca, Phillips, Reilly, Ruggiero, San Bento, Savage, Schadone, Serpa, Silva, Slater, Tanzi, Tarro, Tomasso, Ucci, Valencia, Walsh, Williams, Winfield.

NAYS - 0.

13 2011-S 39 BY Tassoni ENTITLED, AN ACT TO VACATE THE FORFEITURE OR REVOCATION OF THE CHARTER OF TALBOTT SQUASH ACADEMY, INC.

Committee on Corporations recommends passage in concurrence.

Representative Kennedy moves passage of the act, seconded by Representatives Marcello, Hearn and Medina,

Read and passed, in concurrence, on a roll call vote, 60 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 60: The Honorable Speaker Fox and Representatives Ajello, Azzinaro, Baldelli-Hunt, Bennett, Blazejewski, Carnevale, Chippendale, Cimini, Coderre, Corvese, Costa, DaSilva, Diaz, Dickinson, Edwards, Ehrhardt, Fellela, Ferri, Flaherty, Gallison, Guthrie, Handy, Hearn, Hull, Johnston, Keable, Kennedy, MacBeth, Marcello, Martin, Mattiello, McLaughlin, McNamara, Medina, Melo, Menard, Morgan, Morrison, Newberry, Nunes, O'Grady, O'Neill, Petrarca, Phillips, Reilly, Ruggiero, San Bento, Savage, Schadone, Serpa, Silva, Slater, Tanzi, Tarro, Tomasso, Ucci, Valencia, Walsh, Winfield.

H.J. -- 19 JOURNAL Thursday, January 27, 2011

NAYS - 0.

ANNOUNCEMENTS

Representative Handy reminds members that Senator Perry and himself are hosting a reception to discuss marriage equality this evening at the Hi Hat from 5-7:30P.M.

Representative Williams announces that the Committee on Labor will meet Tuesday, February 1st and Wednesday, February 2nd at the rise of the House, in Room 201 of the State House.

Representative Williams wishes assistant head page, Liz Habershaw a Happy Birthday.

The Honorable Speaker Fox wishes Representative Donna Walsh a Happy Birthday on January 28, 2011.

The Honorable Speaker Fox wishes Representative Sam Azzinaro a Happy Birthday on January 29, 2011.

Representative Edwards wishes his mother and father, John and Mary Edwards, a Happy “55th” Anniversary

Representative Kennedy announces today is RI Credit Union Day.

GUEST

Representative Ruggiero welcomes to the House Chamber as a guest Numi Mitchell from Jamestown who is the Vice President of the Conservation Agency.

TRANSMITTAL

By unanimous consent, all matters on the clerk’s desk are ordered to be transmitted to His Excellency, the Governor, to the Honorable Secretary of State, and the Honorable Senate forthwith.

ADJOURNMENT

At 4:50 o’clock P.M. on motion of Representative Costa, and as a further mark of respect to the memory of Marie Bouchard; seconded by Representatives Mattiello and Ehrhardt the House adjourns, on a unanimous rising vote.

Linda M. McElroy Recording Clerk

H.J. -- 20 JOURNAL Thursday, January 27, 2011

APPENDIX

INVOCATION

REPRESENTATIVE LEO MEDINA

Dear Lord, Grant us the quality of patience as we move through this legislation session. We shall need patience as the calendars lengthen and the burdens grow. We will also need to be patient with our colleagues with whose positions we disagree. Amen.

H.J. -- 21 JOURNAL Thursday, January 27, 2011

APPENDIX

CALENDAR

IN ORDER FOR THURSDAY, FEBRUARY 3, 2011:

1 2011-H 5009 BY Brien ENTITLED, AN ACT TO VACATE THE FORFEITURE OR REVOCATION OF THE CHARTER OF THE RHODE ISLAND JUVENILE OFFICERS ASSOCIATION, INC.

Committee on Corporations recommends passage.

2 2011-H 5196 BY Ehrhardt ENTITLED, HOUSE RESOLUTION PROCLAIMING FEBRUARY 6TH TO BE " DAY" IN THE STATE OF RHODE ISLAND

Ordered on the Calendar

Francis P. McCabe Clerk of the House

H.J. -- 22 JOURNAL Thursday, January 27, 2011

APPENDIX

TRANSMITTED TO THE GOVERNOR

Senate Bill No. 36 BY Bates ENTITLED, AN ACT TO VACATE THE FORFEITURE OR REVOCATION OF THE CHARTER OF PROVIDENCE JEWELERS' CLUB {LC91/1}

Senate Bill No. 38 BY Tassoni ENTITLED, AN ACT TO VACATE THE FORFEITURE OR REVOCATION OF THE CHARTER OF NEW ENGLAND CARPET CONSULTANTS, INC. {LC33/1}

Senate Bill No. 39 BY Tassoni ENTITLED, AN ACT TO VACATE THE FORFEITURE OR REVOCATION OF THE CHARTER OF TALBOTT SQUASH ACADEMY, INC. {LC35/1}