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. 1 Tuesday, January 4, 2011 First Day

The House of Representatives meets at the State House in Providence, Tuesday, January 4, 2011 and is called to order at 4:22 o’clock P.M., by the Honorable J. Russell Jackson, Senior Representative from Newport.

APPROVAL OF RECORD

By unanimous consent, the House Journal of Thursday, June 10, 2010 is approved as printed.

INVOCATION

The Honorable J. Russell Jackson presents Rabbi Peter W. Stein, Temple Sinai, President of the Rhode Island Board of Rabbis who delivers the Invocation.

(For Invocation, see Appendix, this Journal.)

POSTING OF COLORS

The Honorable J. Russell Jackson requests the Rhode Island State Police Honor Guard to post the colors, accompanied by the R.I. Professional Fire Fighters Pipe & Drum Band.

PLEDGE OF ALLEGIANCE

The Honorable J. Russell Jackson calls on Maria Diaz, Senior at Classical High School to lead the membership in the Pledge of Allegiance to the Flag.

NATIONAL ANTHEM

The Honorable J. Russell Jackson calls on Jacqueline Pina from the Class of 2011 at Rhode Island College to sing the National Anthem. H.J. -- 2 JOURNAL Tuesday, January 4, 2011

COMMUNICATION

The Honorable J. Russell Jackson announces the receipt of the following communication:

A. Ralph Mollis

Secretary of State

State of Rhode Island and Providence Plantations

CERTIFICATION

I, A. Ralph Mollis, Secretary of State, hereby certify the following list of members elected to the House of Representatives in the General Assembly, in accordance with the certificate of election fled in this office by the Board of Elections on the eighteen day of November 2010, as provided by Section 22-3-13 of the General Laws of the 1956:

1. John J. McCauley, Jr. 2. Christopher R. Blazejewski 3. Edith H. Ajello 4. Gordon D. Fox 5. John J. DeSimone 6. Raymond A. Hull 7. Maria E. Cimini 8. Michael Tarro 9. Anastasia P. Williams 10. Scott A. Slater 11. 12. Leo Medina 13. John M. Carnevale 14. 15. Nicholas A. Mattiello 16. Peter G. Palumbo 17. Robert B. Jacquard 18. 19. Joseph McNamara 20. David A. Bennett 21. Eileen Slattery Naughton 22. Frank G. Ferri 23. Robert E. Flaherty 24. Joseph A. Trillo 25. Jared R. Nunes 26. Patricia L. Morgan 27. Patricia A. Serpa 28. Scott J. Guthrie 29. Lisa P. Tomasso

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30. Robert A. Watson 31. Doreen Marie Costa 32. Laurence W. Ehrhardt 33. Donald J. Lally, Jr. 34. Teresa Ann Tanzi 35. Spencer E. Dickinson 36. Donna M. Walsh 37. Samuel A. Azzinaro 38. 39. 40. Michael W. Chippendale 41. Michael J. Marcello 42. Stephen R. Ucci 43. Deborah A. Fellela 44. Peter J. Petrarca 45. Rene R. Menard 46. Jeremiah T. O’Grady 47. Cale P. Keable 48. Brian C. Newberry 49. Lisa Baldelli-Hunt 50. Jon D. Brien 51. Robert D. Phillips 52. Karen L. MacBeth 53. Thomas J. Winfield 54. Gregory J. Schadone 55. Arthur J. Corvese 56. Agostinho F. Silva 57. James N. McLaughlin 58. William San Bento, Jr. 59. J. Patrick O’Neill 60. Elaine A. Coderre 61. Raymond H. Johnston, Jr. 62. Mary Duffy Messier 63. Roberto DaSilva 64. 65. John A. Savage 66. 67. Jan Malik 68. Richard P. Morrison 69. Raymond E. Gallison, Jr. 70. John G. Edwards 71. Daniel P. Gordon, Jr. 72. Daniel Patrick Reilly 73. J. Russell Jackson 74. Deborah L. Ruggiero 75. Peter F. Martin

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A. Ralph Mollis Secretary of State

Received and placed on file.

ROLL CALL

The roll is called and a quorum is declared present with 75 members present and 0 members absent as follows:

PRESENT - 75: Representatives Ajello, Azzinaro, Baldelli-Hunt, Bennett, Blazejewski, Brien, Carnevale, Chippendale, Cimini, Coderre, Corvese, Costa, DaSilva, DeSimone, Diaz, Dickinson, Edwards, Ehrhardt, Fellela, Ferri, Flaherty, Fox, Gallison, Gordon, Guthrie, Handy, Hearn, Hull, Jackson, Jacquard, Johnston, Keable, Kennedy, Lally, Lima, MacBeth, Malik, Marcello, Martin, Mattiello, McCauley, McLaughlin, McNamara, Medina, Melo, Menard, Messier, Morgan, Morrison, Naughton, Newberry, Nunes, O’Grady, O'Neill, Palumbo, Petrarca, Phillips, Reilly, Ruggiero, San Bento, Savage, Schadone, Serpa, Silva, Slater, Tanzi, Tarro, Tomasso, Trillo, Ucci, Valencia, Walsh, Watson, Williams and Winfield.

ABSENT – 0.

The Honorable J. Russell Jackson addresses the members of the House.

APPOINTMENTS

The Chair appoints Representative Azzinaro, Representative Baldelli-Hunt, Representative DaSilva, Representative Hearn, Representative Martin, Representative Messier, Representative Savage, Representative Serpa, Representative Silva, and Representative Slater to escort the Honorable Secretary of State to the rostrum of the House.

OATH OF OFFICE

A. Ralph Mollis, Secretary of State addresses the members of the House.

The Representatives-elect rise, as Secretary of State, A. Ralph Mollis, administers the Oath of Office to all members.

ELECTION OF SPEAKER

The Honorable J. Russell Jackson calls for nominations.

Representative Naughton nominates Representative Gordon D. Fox of Providence, to be Speaker of the House of Representatives. Representative Naughton discusses the nomination.

The nomination is seconded by Representative Edwards. Representative Edwards offers his remarks.

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The nomination is also seconded by Representatives Melo, Serpa, Ajello, Handy, Tarro, Mattiello, Ruggiero, Walsh, Martin, DaSilva, O’Neill, Johnston, Carnevale, Hearn, Marcello, Nunes, Ucci, Bennett, Williams, San Bento, Kennedy, Brien, Cimini, Fellela, Hull, McCauley, Keable, Coderre, Tanzi, DeSimone, Diaz, Slater, Palumbo, McNamara, Messier, Ferri, Gallison, Dickinson, Silva, Blazejewski, Petrarca, Valencia, Lally and Morrison.

Representative Baldelli-Hunt nominates Representative to be Speaker of the House.

The nomination is seconded by Representative Lima. Representative Lima offers her remarks.

The nomination is also seconded by Representatives Menard, Schadone, Guthrie and Jacquard.

Representative Ehrhardt nominates Representative Robert Watson to be Speaker of the House. Representative Ehrhardt offers his remarks.

The nomination is also seconded by Representatives Newberry, Chippendale, Savage, Gordon, Trillo, Costa, Reilly and Morgan.

The Honorable J. Russell Jackson asks if there are any other nominations.

Representative Mattiello seconded by Representative O’Neill, moves that nominations be closed.

The motion to close nominations prevails, on a voice vote.

The election of Representative Gordon D. Fox as Speaker of the House prevails, on a roll call vote, 54 members voting for Representative Fox and 10 members voting for Representative Watson and 11 members voting for Representative Winfield as

FOX- 54: Representatives Ajello, Azzinaro, Bennett, Blazejewski, Brien, Carnevale, Cimini, Coderre, DaSilva, DeSimone, Diaz, Dickinson, Edwards, Fellela, Ferri, Flaherty, Fox, Gallison, Handy, Hearn, Hull, Jackson, Johnston, Keable, Kennedy, Lally, Malik, Marcello, Martin, Mattiello, McCauley, McNamara, Medina, Melo, Messier, Morrison, Naughton, Nunes, O’Grady, O’Neill, Palumbo, Petrarca, Ruggiero, San Bento, Serpa, Silva, Slater, Tanzi, Tarro, Tomasso, Ucci, Valencia, Walsh and Williams.

WATSON- 10: Representatives Chippendale, Costa, Ehrhardt, Gordon, Morgan, Newberry, Reilly, Savage, Trillo and Watson.

WINFIELD- 11 Representatives Baldelli-Hunt, Corvese, Guthrie, Jacquard, Lima, MacBeth, McLaughlin, Menard, Phillips, Schadone and Winfield.

The Chair declares the Honorable Gordon D. Fox is re-elected Speaker of the House for the years 2011-2012.

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APPOINTMENTS

The Chair appoints Representative Malik, Representative Ajello, Representative Diaz, Representative Fellela, Representative Ferri, Representative Handy, Representative Kennedy, Representative McCauley, Representative McNamara, Representative Melo, Representative Petrarca, Representative San Bento, Representative Walsh, Representative Watson and Representative Williams as a committee to escort the Speaker-elect, and Marcus LaFond to the rostrum.

The Chair appoints Representative Brien , Representative Carnevale, Representative DeSimone, Representative Flaherty, Representative Gallison, Representative Marcello, Representative Newberry, Representative Palumbo, Representative Ruggiero, and Representative Ucci as a committee to escort the Honorable Chief Justice Paul A. Suttell, of the Rhode Island Supreme Court to the rostrum.

OATH OF OFFICE

The House attends while the Honorable Chief Justice administers the Oath of Office to the Honorable Speaker.

NOW PRESIDING

At 5:28: o'clock P.M. the Honorable J. Russell Jackson turns over the rostrum to the Honorable Speaker Gordon D. Fox.

The Honorable Speaker Fox addresses the members of the House.

GUESTS

At 6:00 o’clock P.M. the Honorable Speaker yields the rostrum to the Honorable Governor Lincoln D. Chafee.

By unanimous consent, Governor Chafee addresses the members of the House.

At 6:03 o’clock P.M. the Honorable Speaker returns to the rostrum.

GOD BLESS AMERICA

The Honorable Speaker welcomes back Jacqueline Pina, Class of 2011, Rhode Island College, who will sing “God Bless America.”

ELECTION OF THE CLERK OF THE HOUSE

The Honorable Speaker declares the election of Clerk is in order and calls for nominations.

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Representative O’Neill, seconded by Representative Coderre nominates Frank McCabe of Pawtucket to be Clerk of the House for the Session 2011-2012.

There being no further nominations, Representative Lally seconded by Representative O’Neill, moves that nominations be closed.

The motion to close nominations prevails, on a voice vote.

Representative Coderre moves that Representative O’Neill be directed to cast one ballot for Frank McCabe of Pawtucket to be Clerk of the House for the 2011-2012 Session, seconded by Representative O’Neill.

Representative O’Neill casts one ballot for Frank McCabe for the office of the Clerk of the House for the years 2011-2012. The motion prevails by unanimous consent on a voice vote.

Frank P. McCabe is elected Clerk of the House of the Session 2011-2012.

ELECTION OF RECORDING CLERK OF THE HOUSE

The Honorable Speaker declares the election of a Recording Clerk is in order and calls for nominations.

Representative San Bento, seconded by Representatives Lally and Ucci, nominates Linda McElroy of North Providence to be Recording Clerk of the House for the Session 2011-2012.

There being no further nominations, Representative Coderre, seconded by Representative San Bento, moves that nominations be closed.

The motion to close nominations prevails, on a voice vote.

Representative Coderre moves that Representative San Bento be directed to cast one ballot for Linda McElroy of North Providence to be Recording Clerk for the 2011-2012 Session, seconded by Representative Lally.

Representative San Bento casts one ballot for Linda M. McElroy for the office of Recording Clerk of the House for the years 2011-2012. The motion prevails by unanimous consent on a voice vote.

Linda McElroy is elected Recording Clerk of the House of the Session 2011-2012.

OATH OF OFFICE

The Honorable Speaker Fox administers the Oath of Office to the Clerk of the House, Frank McCabe and the Recording Clerk of the House, Linda McElroy for the 2011-2012 Session.

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ANNOUNCEMENTS

Majority Leader Mattiello addresses the House of Representatives.

Majority Leader Mattiello announces that members will be receiving their Committee assignments, names of secretaries, permanent seat assignments and parking spaces next week. In the mean time they are to use the temporary seats and temporary spaces assigned.

Majority Leader Mattiello announces session will convene tomorrow at 4:00 o’clock P.M.

GUESTS

Representative Mattiello welcomes his wife Mary Ann and his sons Nicholas and Anthony to the House of Representatives.

Representative Watson welcomes to the House Chamber as guests his mother, Jane Arlene Watson and Representative Trillo’s wife Marilyn Trillo.

Representative McCauley welcomes to the House as guests his wife Marge and his daughters Shaylyn and Gabrielle.

Representative Williams welcomes Mrs. Mattiello and thanks her for all her patience.

Representative O’Neill welcomes to the Chamber Representative Coderre’s family- her husband Ray, her son Robert, granddaughter Hanna, and grandsons John and David and family friend, Stephen Morris.

Representative O’Neill also welcomes the parents of Representative DaSilva Carmela and Louis DaSilva, his wife, Corina and sons Donovan and Dorian.

Representative Gallison welcomes to the House his parents Raymond and Barbara Gallison; his wife, Diane; his son, Timothy, Bristol Patrol Officer; his son, Nathan, Pawtucket Patrol Officer; his colleague Representative Morrison; his wife Dawn and her parents William and Ellen Lucas.

Representative Kennedy welcomes the House Chamber the family of Representative Tanzi, her daughter, Delia Tanzi Buchbaum and her husband, Dr. Eric Buchbaum.

Representative Trillo welcomes to the Chamber his wife, Marilyn Cocozza Trillo; his step- daughter, Erika Kruse Weller and his son-in law, Gregg Weller.

Representative Savage welcomes to the House his wife Katherine and also Representative Dan Gordon along with his parents, Gloria and Daniel Gordon and his friend, Helen Daley.

Representative Jacquard welcomes to the House Chamber Representative David Bennett and his family and friends: his wife, Ann Bennett; his daughter, Gail Bennett; Gail Zackarian; his mother-

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in-law, Mary Gatta: Ray and Dot Jorgenson; Barbara Cook; Rose Higgins; Victor Lepore; Tom Bennett; Jeremy Rix; Nick Usena; Chris Paiva and Tracy Sousa.

Representative Serpa welcomes to the House West Warwick Town Council Vice President, Philomena Gustafson and Mr. Louis Diamonte of Coventry.

Representative Marcello welcomes to the House Representative Keable and introduces his parents June and Dennis Keable, his fiancée, Colleen Foley; Carol Murphy, Roberta Lacey. Allie Lacey and Raymond Andreozzi.

Representative Hearn welcomes Representative David Reilly to the House and introduces his father, William Reilly and his brother, Christopher Reilly.

Representative Edwards welcomes to the Chamber his wife the Honorable Donna Edwards, his son, John, his daughters Kelsey and Mae. Representative Edwards also introduces Representative Silva’s family- Mena Silva, wife; his children, Luiz, Nelson, Gus, Jr. and Sofia. Representative Edwards also welcomes Representative and his family: his parents Richard and Diane; sister, Jill and his wife, Ami Gada.

Representative McLaughlin welcomes his family, friends and campaign workers: Jill McLaughlin, Aaron McLaughlin and Chad, Courtney McLaughlin, Paul Iwuc, Rick Singleton, Daniel Issa, Edna Poulin, Manuel DaCosta and Pete Cardosea (deceased).

Representative Valencia welcomes to the House Chamber his wife, Patty; his son, Lee; his daughters, Jacqueline and Xaviera; his mother, Margaret Lassen; his sisters, Mary Valencia, Anne Valencia, Theresa Valencia and Irene Marquis; brother-in-law, Bill DeRose; niece, Lauren Valencia; and his friend Robert Malin.

Representative Ucci welcomes to the Chamber Representative . Representative Ucci also welcomes Representative Nunes’ family; Jessica Shippee, girlfriend, Lori and Ron Nunes, parents; Joshua, brother; Gus and Mary Pagel, grandparents; Tom Nunes and Marie Burke, grandparents.

Representative Ruggiero welcomes to the House her parents, John and Dorothy Ruggiero; her friends Ken Newman, Anne Livingston and Jane Segal.

Representative Newberry welcomes his wife Beth to the Chamber. Representative Newberry also welcomes Representative to the House along with his wife Sherri; his children, Séighín and Page; and Jim and Doreen Costa.

Representative McCauley welcomes Representative Michael Tarro to the House Chamber and his wife Lynn; children, Michael Jr., Kaitlyn, Brandon; sister, Patricia; brother, Richard; Aunt Anne and cousin Leslie.

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Representative Guthrie welcomes to the House Representative Tomasso and her family: husband, Lt. David Tomasso, Coventry Police Dept.; children, Nicholas, Nathan and Aidan; sister, Jennifer Alviano and mother, Shirley Dos Santos.

Representative Guthrie also welcomes to the Chamber Representative Phillips and his family: Nancy, wife; his grandchildren, Skylar Jade Ryan, Devin Tyler Phillips; mother-in-law, Margaret Ottman.

Representative Hull welcomes to the House Chamber his Aunt Barbara Robertson, his son, Andres Hull, his daughter, Karina Hull, his campaign manager, James Cambio from the town of North Providence and city of Providence.

Representative O’Grady welcomes to the Chamber his family: Elizabeth M. Crohan, wife; Brian P. Collins, step-father; Paula Collins, mother; Tom O’Grady, father; Molly O’Grady, step-mother; Anna Rose, daughter.

Representative Diaz welcomes to the House Rachell Lee and Stephen Graham.

Representative DaSilva welcomes to the Chamber Mayor Bruce Rogers, Councilman Thomas Rose, Councilwoman Katherine Kleyla, School Committeeman Ryan Tellier, Ward 3 Chair Lucy Stoddard, Rosie Pereira and Maria Lindia.

Representative Azzinaro welcomes to the House Chamber his wife Carol, his daughter Amy Azzinaro and friend Todd, brother-in-law, Dr. Jerry Serra and wife, Merri.

Representative Marcello welcomes to the Chamber Representative Medina and his family: Maria Medina, wife; Adrian, Jasmin and Christopher Medina, children; Campaign Team: Denise Johnson, Campaign manager; Jan Bradley, Frank Gomes and Ron Tunsel and his wife, and Enrique Rodriguez.

BENEDICTION

The Honorable Speaker Fox presents Reverend Joseph D. Santos, Jr. Pastor, Holy Name Church, Providence for the benediction.

(For Benediction see Appendix of this Journal)

ADJOURNMENT

At 6:45 o’clock P.M. on motion of Representative Mattiello seconded by Representative Trillo the House adjourns, on a voice vote.

Linda M. McElroy Recording Clerk

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APPENDIX

INVOCATION

Rabbi Peter W. Stein President, Rhode Island Board of Rabbi, Temple Sinai of Cranston

Invocation for Opening Session of Rhode Island House of Representatives

Thank you, Speaker Fox, and to all the members of this assembly. I am honored to participate in this opening ceremony, and to offer words of blessing as the New Year begins. This is an auspicious time for our state, and I look forward to a year of renewed opportunity and strength for all our citizens.

In 1790, the Newport synagogue wrote to the newly elected first president of the United States, and President Washington replied with his famous “Letter to the Jews of Newport, Rhode Island.” Washington’s eloquence is well known, and includes the strong statement that, “the Government of the United States gives to bigotry no sanction, to persecution no assistance, and requires only that they who live under its protection should demean themselves as good citizens…” I know that this assembly will affirm these sentiments through its actions in the coming months.

For our invocation, today, though, I offer words from the letter that went to President Washington, Moses Seixas, the warden of the synagogue, prayed that day, and I pray today for all those who have been elected to high service: “may God send the Angel who conducted our forefathers through the wilderness into the promised land to conduct [each of you] through all the difficulties and dangers of this mortal life…”\

May you each be blessed with strength, courage, and wisdom, as you work to make decisions for the good of our community. May your actions make our state a place where one and all are treated with equality, dignity, and fairness. May your debates be vigorous, and conducted with compassion and sensitivity.

I pray that the work of this assembly will mean that those who are vulnerable will find protection and opportunity. May all Rhode Islanders find an atmosphere of tolerance, safety, and peace. May God bless the words and actions of those who have been elected to serve, along with their families, their staffs, and the people of our state.

Amen and Thank you.

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APPENDIX

BENNEDICTION

Reverend Joseph D. Santos, Jr. Pastor, Holy Name Church, Providence

The Prayer below was written by Washington at Newburgh, New York, at the close of the Revolutionary War on June 14, 1783. It was sent to the thirteen governors of the newly freed states in a “ Circular Letter Addressed to the Governors of all the States on the Disbanding of the Army.”

I now make it my earnest prayer, that God would have you, and the State over which you preside, in his holy protection, that he would incline the hearts of the Citizens to cultivate a spirit of subordination and obedience to Government, to entertain a brotherly affection and love for one another, for their fellow Citizens of the United States at large, and particularly for their brethren who have served in the Field, and finally, that he would most graciously be pleased to dispose us all, to do Justice, to love mercy, and to demean ourselves with that Charity, humility and pacific temper of mind, which were the Characteristics of the Divine Author of our blesses Religion, and without an humble imitation of whose example in these things, we can never hope to be a happy Nation.

Lord of My Heart

Lord of my heart, give me vision to inspire me, that, working or resting, I may always think of You.

Lord of my heart, give me light to guide me, that, at home or abroad, I may always walk in Your way.

Lord of my heart, give me wisdom to direct me, that, thinking or acting, I may always discern right from wrong.

Lord of my heart, give me courage to strengthen me, that, among friends or enemies, I may always proclaim Your justice.

Lord of my heart, give me trust to console me, that hungry or well-fed, I may always rely on Your mercy,

Lord of my heart, save me from empty praise, that I may always boast of You.

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Lord of my heart, save me from worldly wealth, that I may always look to the riches of heaven.

Lord of my heart, save me from military prowess, that I may always seek Your protection.

Lord of my heart, save me from vain knowledge, that I may always study Your Word.

Lord of my heart, save me from unnatural pleasures, that I may always find joy in Your wonderful creation.

Heart of my own heart, whatever may befall me, rule over my thoughts and feelings, my words and actions.

Amen.