State of 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. 13 Thursday, February 10, 2011 Thirteenth Day

The House of Representatives meets at the State House in Providence, Thursday, February 10, 2011 and is called to order at 4:29 o’clock P.M., by the Honorable Gordon D. Fox, Speaker.

The roll is called and a quorum is declared present with 74 members present and 1 member absent as follows:

PRESENT - 74: The Honorable Speaker Fox and Representatives Ajello, Azzinaro, Baldelli-Hunt, Bennett, Blazejewski, Brien, Carnevale, Chippendale, Cimini, Coderre, Corvese, Costa, DaSilva, DeSimone, Diaz, Dickinson, Edwards, Ehrhardt, Fellela, Ferri, Flaherty, 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, Savage, Schadone, Serpa, Silva, Slater, Tanzi, Tarro, Tomasso, Trillo, Ucci, Valencia, Walsh, Watson, Williams, Winfield.

ABSENT - 1: Representative San Bento.

INVOCATION

The Honorable Speaker presents Representative Bennett 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 Journal of Wednesday, February 9, 2011 is approved as printed.

H.J. -- 2 JOURNAL Thursday, February 10, 2011

APPOINTMENTS

FROM THE DESK OF THE HONORABLE SPEAKER FOX:

I hereby make the following appointments to the:

SPECIAL LEGISLATIVE COMMISSION TO STUDY THE PURCHASE AND USE OF TEXTBOOKS IN PUBLIC SCHOOLS

Representative Representative Mary Duffy Messier

Received and placed on file.

I hereby make the following appointments to the:

PERMANENT JOINT COMMITTEE ON ECOMOMIC DEVELOPMENT

Representative Donna Walsh-Chair Representative Richard Morrison Representative Lisa Tomasso Representative

Received and placed on file.

I hereby make the following appointments to the:

HOUSE COMMITTEE ON VETERANS’ AFFAIRS

Representative James N. McLaughlin

Received and placed on file.

I hereby make the following appointments to the:

SPECIAL HOUSE COMMISSION TO STUDY PUBLIC HIGHER EDUCATION AFFORDABILITY AND ACCESSIBILITY IN THE STATE OF RHODE ISLAND

Representative -Chairman Representative Representative Maria Cimini Representative Spencer Dickinson Representative Donna Walsh Representative Doreen Costa Representative Daniel Reilly

H.J. -- 3 JOURNAL Thursday, February 10, 2011

Received and placed on file.

I hereby make the following appointments to the:

SPECIAL HOUSE COMMISSION TO STUDY MUNICIPAL FINANCIAL INTEGRITY IN THE STATE OF RHODE ISLAND

Representative Jon Brien – Chairman Representative Representative J. Russell Jackson Representative Scott Slater Representative Jeremiah O’Grady Representative Daniel Reilly Representative

Received and placed on file.

I hereby make the following appointments to the:

RHODE ISLAND CLIMATE CHANGE COMMISSION

Representative Representative

Received and placed on file.

I hereby make the following appointments to the:

SPECIAL LEGISLATIVE COMMISSION TO STUDY ISSUES DEALING WITH LEASED LAND DWELLINGS

Representative Scott Guthrie Representative

Received and placed on file.

REPORT OF COMMITTEE

COMMITTEE ON VETERANS AFFAIRS

Representative Gallison, for the Committee on Veterans Affairs, reports back the following measures, with recommendation of passage:

H.J. -- 4 JOURNAL Thursday, February 10, 2011

House Resolution No. 5141 BY O`Neill JP, Ucci, Flaherty, Mattiello, Lally ENTITLED, JOINT RESOLUTION CREATING A SPECIAL LEGISLATIVE COMMISSION TO BE KNOWN AS "THE RHODE ISLAND CIVIL WAR SESQUICENTENNIAL COMMEMORATION COMMISSION" ("The Rhode Island Civil War Sesquicentennial Commemoration Commission" whose purpose it would be to make a comprehensive study pertaining to the sesquicentennial of the Civil War) {LC267/1} 02/10/2011 Placed on House Calendar

NEW BUSINESS

House Resolution No. 5318 BY O`Grady ENTITLED, HOUSE RESOLUTION THANKING THE VOLUNTEERS OF THE LINCOLN ANIMAL SHELTER FOR THEIR MANY YEARS OF SERVICE TO THE CITIZENS OF LINCOLN {LC991/1}

Representative O’Grady requests unanimous consent for immediate consideration.

There is no objection.

Representative O’Grady discusses the resolution.

Read and passed, on a motion of Representative O’Grady seconded by Representatives Petrarca and Menard by unanimous consent, on a voice vote.

House Resolution No. 5319 BY Hearn, Marcello, Williams, Jacquard ENTITLED, HOUSE RESOLUTION PROCLAIMING FEBRUARY 16TH, 2011 TO BE "I LOVE LIBRARIES DAY" IN THE STATE OF RHODE ISLAND {LC1147/1} 02/10/2011 Placed on House Calendar

COMMUNICATION FROM THE SENATE

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

Senate Bill No. 30 BY Bates, Ottiano, Felag ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES (would allow The Honorable Louis P. Cirillo to join Jaime Lynn Estrella and Adam Jacob Medeiros in marriage on or about June 18, 2011, within the Town of Bristol, Rhode Island) {LC197/1} 02/10/2011 Referred to House Judiciary

H.J. -- 5 JOURNAL Thursday, February 10, 2011

Senate Bill No. 64 BY Tassoni ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES (would allow Paul Foster to join Sarah Powers and Mitch Foster in marriage within the Town of Smithfield, Rhode Island, on or about July 23, 2011) {LC183/1} 02/10/2011 Referred to House Judiciary

Senate Bill No. 65 BY Bates ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES (would allow Mary Samuels to join Krista Braun and Matthew Power in marriage within the City of Newport, Rhode Island, on or about May 20, 2011) {LC362/1} 02/10/2011 Referred to House Judiciary

Senate Bill No. 69 BY DeVall ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES (would allow Christopher Danforth to join Lauren Canestrari and Benjamin Lamanna in marriage within the City of East Providence, Rhode Island, on or about November 5, 2011) {LC310/1} 02/10/2011 Referred to House Judiciary

Senate Bill No. 257 BY DaPonte, Doyle ENTITLED, AN ACT TO VACATE THE FORFEITURE OR REVOCATION OF THE CHARTER DANIEL HOCHBERGER, M.D., INC. {LC907/1} 02/10/2011 Referred to House Corporations

CALENDAR

From the Calendar are taken:

IN ORDER FOR THURSDAY, FEBRUARY 10, 2011:

1 2011-H 5273 BY Naughton ENTITLED, HOUSE RESOLUTION COMMEMORATING "UNITED WAY 2-1-1 IN RHODE ISLAND" DAY ON FEBRUARY 11TH, 2011

Ordered on the Calendar

Representative Naughton moves passage of the resolution, seconded by Representatives Coderre, Handy, Tanzi, Ruggiero, Morrison, Cimini, Ajello, Silva, Bennett and Hull.

Read and passed, on a roll call vote, 69 members voting in the affirmative and 0 members voting in the negative as follows.

H.J. -- 6 JOURNAL Thursday, February 10, 2011

YEAS - 69: The Honorable Speaker Fox and Representatives Ajello, Azzinaro, Bennett, Blazejewski, Brien, Carnevale, Cimini, Coderre, Corvese, Costa, DaSilva, DeSimone, Diaz, Dickinson, Edwards, Ehrhardt, Fellela, Ferri, Flaherty, Gallison, Guthrie, Handy, Hearn, Hull, Jackson, Jacquard, Johnston, Keable, Kennedy, Lally, Lima, MacBeth, Malik, Martin, Mattiello, McLaughlin, McNamara, Medina, Melo, Menard, Messier, Morgan, Morrison, Naughton, Newberry, Nunes, O'Grady, O'Neill, Palumbo, Petrarca, Phillips, Reilly, Ruggiero, Savage, Schadone, Serpa, Silva, Slater, Tanzi, Tarro, Tomasso, Trillo, Ucci, Valencia, Walsh, Watson, Williams, Winfield.

NAYS - 0.

2 2011-H 5112 BY Lally ENTITLED, AN ACT TO VACATE THE FORFEITURE OR REVOCATION OF THE CHARTER OF THE POINT JUDITH FISHERMEN'S SCHOLARSHIP FUND, INC.

Committee on Corporations recommends passage.

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

Read and passed, on a roll call vote, 69 members voting in the affirmative and 0 members voting in the negative as follows.

YEAS - 69: The Honorable Speaker Fox and Representatives Ajello, Azzinaro, Baldelli-Hunt, Bennett, Blazejewski, Brien, Carnevale, Chippendale, Cimini, Coderre, Corvese, Costa, DaSilva, DeSimone, Diaz, Dickinson, Edwards, Ehrhardt, Fellela, Ferri, Flaherty, Gallison, Gordon, Guthrie, Handy, Hearn, Hull, Jackson, Jacquard, Johnston, Keable, Kennedy, Lally, Lima, MacBeth, Martin, Mattiello, McLaughlin, Medina, Melo, Menard, Messier, Morrison, Naughton, Newberry, Nunes, O'Grady, O'Neill, Palumbo, Petrarca, Phillips, Reilly, Ruggiero, Savage, Schadone, Serpa, Silva, Slater, Tanzi, Tarro, Tomasso, Trillo, Ucci, Valencia, Walsh, Watson, Williams, Winfield.

NAYS - 0.

Representative Ajello moves to bundle items 3-5 on today’s Calendar, seconded by Representatives Ucci, Hearn, Handy, Ruggiero, Brien, Edwards, Azzinaro, Petrarca, Bennett, Costa and Gordon.

The motion to bundle prevails by unanimous consent on a roll call vote, 71 members voting in the affirmative and 0 members voting in the negative as follows.

YEAS - 71: The Honorable Speaker Fox and Representatives Ajello, Azzinaro, Baldelli-Hunt, Bennett, Blazejewski, Brien, Carnevale, Chippendale, Cimini, Coderre, Corvese, Costa, DaSilva, Diaz, Dickinson, Edwards, Ehrhardt, Fellela, Ferri, Flaherty, Gallison, Gordon, Guthrie, Handy, Hearn, Hull, Jackson, Jacquard, Johnston, Keable, Kennedy, Lally, Lima, MacBeth, Malik,

H.J. -- 7 JOURNAL Thursday, February 10, 2011

Martin, Mattiello, McLaughlin, McNamara, Medina, Melo, Menard, Messier, Morgan, Morrison, Naughton, Newberry, Nunes, O'Grady, O'Neill, Palumbo, Petrarca, Phillips, Reilly, Ruggiero, Savage, Schadone, Serpa, Silva, Slater, Tanzi, Tarro, Tomasso, Trillo, Ucci, Valencia, Walsh, Watson, Williams, Winfield.

NAYS - 0.

3 2011-H 5067 BY Edwards ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES

Committee on Judiciary recommends passage.

4 2011-H 5097 BY Gordon ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES

Committee on Judiciary recommends passage.

5 2011-H 5219 BY Hearn ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES

Committee on Judiciary recommends passage.

Representative Ajello moves passage of the bundle seconded by Representative Handy.

Passage of the bundle prevails on a roll call vote, 73 members voting in the affirmative and 0 members voting in the negative as follows.

YEAS - 73: The Honorable Speaker Fox and Representatives Ajello, Azzinaro, Baldelli-Hunt, Bennett, Blazejewski, Brien, Carnevale, Chippendale, Cimini, Coderre, Corvese, Costa, DaSilva, DeSimone, Diaz, Dickinson, Edwards, Ehrhardt, Fellela, Ferri, Flaherty, Gallison, Gordon, Guthrie, Handy, Hearn, Hull, Jackson, Jacquard, Johnston, Keable, Kennedy, Lally, Lima, MacBeth, Malik, Marcello, Martin, Mattiello, McLaughlin, McNamara, Medina, Melo, Menard, Messier, Morgan, Morrison, Naughton, Newberry, Nunes, O'Grady, O'Neill, Palumbo, Petrarca, Phillips, Reilly, Ruggiero, Savage, Schadone, Serpa, Silva, Slater, Tanzi, Tarro, Tomasso, Trillo, Ucci, Valencia, Walsh, Watson, Williams, Winfield.

NAYS - 0. 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.

H.J. -- 8 JOURNAL Thursday, February 10, 2011

ANNOUNCEMENTS

The Honorable Speaker Fox congratulates the Judiciary Committee on a job well done.

The Honorable Speaker Fox and Representative Costa wish Representative Joe Trillo a Happy Birthday.

Representative Gallison announces that the Committee on Veterans Affairs will meet at the rise of the House, in Room 135 of the State House and also Monday evening February 14th at 6 o’clock P.M. there will be a commemorative ceremony for the Gold Star Parents.

Representative Naughton announces that the Committee on Finance will meet at the rise of the House, in Room 35 of the State House.

Representative Handy announces that the Committee on Environment and Natural Resources will meet at the rise of the House, in Room 205 of the State House.

GUESTS

Representative Naughton welcomes to the House Chamber as guests from United Way 211 as follows: Cristine Amedeo, Director 211; Joe Cournoyer, RIEMA; his wife Kathy Cournoyer; Ed Johnson, RIEMA Deputy Director; Courtney Smith, 211; Marylouise Gamache ADRC/211; and Jay Burdick, 211.

Representative Phillips welcomes to the House as a guest his wife Nancy E. Phillips, Interim Administrator of Woonsocket Education Department.

ADJOURNMENT

At 4:48 o’clock P.M. on motion of Representative Mattiello seconded by Representative Watson the House adjourns, on a voice vote.

Linda M. McElroy Recording Clerk

H.J. -- 9 JOURNAL Thursday, February 10, 2011

APPENDIX

INVOCATION

REPRESENTATIVE DAVID A. BENNETT

Dear Lord, on this day, as the problems of the state are reviewed and the work which lies before us becomes evident, grant us the will and determination to do those things that must be done for the welfare of the people of Rhode Island. Amen.

H.J. -- 10 JOURNAL Thursday, February 10, 2011

APPENDIX

CALENDAR

IN ORDER FOR TUESDAY, FEBRUARY 15, 2011:

1 2011-H 5126 BY Ferri ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES

Committee on Judiciary recommends passage.

2 2011-H 5178 BY Martin ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES

Committee on Judiciary recommends passage.

3 2011-H 5179 BY Lally ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES

Committee on Judiciary recommends passage.

4 2011-S 81 BY Bates ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES

Committee on Judiciary recommends passage in concurrence.

IN ORDER FOR WEDNESDAY, FEBRUARY 16, 2011:

1 2011-H 5319 BY Hearn ENTITLED, HOUSE RESOLUTION PROCLAIMING FEBRUARY 16TH, 2011 TO BE "I LOVE LIBRARIES DAY" IN THE STATE OF RHODE ISLAND

Ordered on the Calendar

2 2011-H 5141 BY O`Neill JP ENTITLED, JOINT RESOLUTION CREATING A SPECIAL LEGISLATIVE COMMISSION TO BE KNOWN AS "THE RHODE ISLAND CIVIL WAR SESQUICENTENNIAL COMMEMORATION COMMISSION"

Committee on Veterans` Affairs recommends passage.

Francis P. McCabe Clerk of the House

Thursday, February 10, 2011