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 first day of January in the year of Our Lord two thousand and thirteen.

Volume 140, No. 6 Thursday, January 10, 2013 Sixth Day

The House of Representatives meets at the State House in Providence, Thursday, January 10, 2013 and is called to order at 4:37 o’clock P.M., by the Honorable Gordon D. Fox, Speaker.

The roll is called and a quorum is declared present with 71 members present and 4 members absent as follows:

PRESENT - 71: The Honorable Speaker Fox and Representatives Abney, Ackerman, Ajello, Almeida, Amore, Azzinaro, Baldelli-Hunt, Bennett, Blazejewski, Carnevale, Casey, Chippendale, Cimini, Coderre, Corvese, Costa, Costantino, DeSimone, Diaz, Dickinson, Edwards, Fellela, Ferri, Finn, Gallison, Giarrusso, Guthrie, Handy, Hearn, Hull, Jacquard, Johnston, Kazarian, Keable, Kennedy, Lally, Lima, Lombardi, MacBeth, Malik, Marcello, Marshall, Martin, Mattiello, McLaughlin, McNamara, Melo, Messier, Naughton, Newberry, Nunes, O'Brien, O’Grady, O'Neill, Palangio, Palumbo, Phillips, Ruggiero, Serpa, Shekarchi, Silva, Slater, Tanzi, Tomasso, Trillo, Ucci, Valencia, Walsh, Williams, Winfield.

ABSENT - 4: Representatives Canario, Craven, Morgan, San Bento

INVOCATION

The Honorable Speaker presents Representative Tanzi 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, January 9, 2013 is approved. H.J. -- 2 JOURNAL Thursday, January 10, 2013

ANNOUNCEMENT

Please be informed that Representative William San Bento has the flu and will be unable to attend session today.

APPOINTMENTS

January 10, 2013

I hereby make the following appointments to the:

HOUSE COMMITTEE ON FINANCE

Representative –Chair Representative Eileen Naughton – Deputy Chair Representative – Co Vice Chair Representative – Co Vice Chair Representative William San Bento - Secretary Representative Representative Representative Scott Slater Representative Jan Malik Representative Representative Representative Representative Representative Deborah Ruggiero Representative

Received and placed on file.

January 10, 2013

I hereby make the following appointments to the:

HOUSE COMMITTEE ON JUDICIARY

Representative – Chair Representative John DeSimone – Vice Chair Representative Peter Martin - Secretary Representative Representative Joseph Shekarchi Representative Representative Representative Representative Donna Walsh

H.J. -- 3 JOURNAL Thursday, January 10, 2013

Representative J. Patrick O’Neill Representative Joseph Almeida Representative Representative Doreen Costa

Received and placed on file.

January 10, 2013

I hereby make the following appointments to the:

HOUSE COMMITTEE ON CORPORATIONS

Representative Brian Kennedy - Chair Representative – Vice Chair Representative Peter Palumbo – Secretary Representative Representative Kenneth Marshall Representative Representative Gregory Costantino Representative Jeremiah O’Grady Representative Robert Phillips Representative Representative Representative Representative Joseph Trillo

Received and placed on file.

January 10, 2013

I hereby make the following appointments to the:

HOUSE COMMITTEE ON LABOR

Representative - Chair– Representative – Vice Chair Representative Deborah Fellela - Secretary Representative Scott Guthrie Representative Raymond Hull Representative Representative Representative Jay Edwards Representative Cale Keable Representative Lisa Tomasso Representative Gregory Costantino

H.J. -- 4 JOURNAL Thursday, January 10, 2013

Representative Thomas Palangio Representative

Received and placed on file.

January 10, 2013

I hereby make the following appointments to the:

HOUSE COMMITTEE ON HEALTH, EDUCATION & WELFARE

Representative Joseph McNamara - Chair Representative Sam Azzinaro – Vice Chair Representative Maria Cimini - Secretary Representative Representative Representative James McLaughlin Representative David Bennett Representative Representative William O’Brien Representative Representative Representative Representative Representative

Received and placed on file.

January 10, 2013

I hereby make the following appointments to the:

HOUSE COMMITTEE ON OVERSIGHT

Representative Michael Marcello – Chair Representative Arthur Corvese – Co Vice Chair Representative – Co Vice Chair Representative Karen MacBeth - Secretary Representative Thomas Winfield Representative Lisa Tomasso Representative Tom Palangio Representative Representative Jeremiah O’Grady Representative Raymond Hull Representative Donna Walsh

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Representative Lisa Baldelli Hunt Representative

Received and placed on file.

January 10, 2013

I hereby make the following appointments to the:

HOUSE COMMITTEE ON RULES

Representative Arthur Corvese - Chair Representative Christopher Blazejewski – Vice Chair Representative Grace Diaz –Secretary Representative Joseph Almeida Representative Elaine Coderre Representative Michael Marcello Representative Stephen Ucci Representative Donald Lally Representative Agostinho Silva Representative Teresa Tanzi Representative Patricia Morgan

Received and placed on file.

January 10, 2013

I hereby make the following appointments to the:

HOUSE COMMITTEE ON SMALL BUSINESS

Representative Patricia Serpa – Chair Representative Jared Nunes – Vice chair Representative Robert Phillips - Secretary Representative Jan Malik Representative Spencer Dickinson Representative Lisa Baldelli Hunt Representative Linda Finn Representative Robert Craven Representative Jay Edwards Representative Frank Ferri Representative Dennis Canario Representative Antonio Giarrusso

Received and placed on file.

H.J. -- 6 JOURNAL Thursday, January 10, 2013

January 10, 2013

I hereby make the following appointments to the:

HOUSE COMMITTEE ON MUNICIPAL GOVERNMENT

Representative John DeSimone - Chair Representative Jeremiah O’Grady – Vice Chair Representative Raymond Johnston - Secretary Representative Mia Ackerman Representative Joseph Shekarchi Representative Katherine Kazarian Representative Kenneth Marshall Representative Gregg Amore Representative Joy Hearn Representative David Bennett Representative Charlene Lima Representative Deborah Ruggiero Representative Brian Newberry

Received and placed on file.

January 10, 2013

I hereby make the following appointments to the:

HOUSE COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES

Representative Arthur Handy - Chair Representative Donna Walsh – Vice Chair Representative Scott Guthrie - Secretary Representative John Lombardi Representative Teresa Tanzi Representative Joseph McNamara Representative Maria Cimini Representative Larry Valencia Representative Eileen Naughton Representative William O’Brien Representative Michael Chippendale

Received and placed on file.

January 10, 2013

I hereby make the following appointments to the:

H.J. -- 7 JOURNAL Thursday, January 10, 2013

HOUSE COMMITTEE ON VETERANS’ AFFAIRS

Representative Raymond Gallison - Chair Representative Deborah Fellela - Vice Chair Representative Mary Messier - Secretary Representative Peter Martin Representative James McLaughlin Representative Sam Azzinaro Representative Marvin Abney Representative Karen MacBeth Representative Peter Palumbo Representative Robert Jacquard Representative Scott Slater Representative Stephen Casey Representative Doreen Costa

Received and placed on file.

January 10, 2013

I hereby make the following

DEPUTY MAJORITY LEADERS

Representative Jay Edwards-Senior Deputy Majority Leader Representative Deborah Fellela Representative William San Bento Representative Agostinho Silva Representative Joy Hearn Representative Scott Slater Representative Arthur Corvese Representative Sam Azzinaro Representative Charlene Lima Representative Deborah Ruggiero Representative Frank Ferri

Received and placed on file.

NEW BUSINESS

House Bill No. 5045 BY Corvese, Edwards, Azzinaro, Malik, Palangio ENTITLED, AN ACT RELATING TO INSURANCE - CASUALTY INSURANCE RATING (require that rate increases for automobile liability/physical damage insurance receive approval by the insurance commissioner after hearing thereon/that insurers give notice of rate increase to insureds at least 90 days prior to the end of their policy) {LC82/1} 01/10/2013 Introduced, referred to House Corporations

H.J. -- 8 JOURNAL Thursday, January 10, 2013

House Bill No. 5046 BY Lombardi, Corvese, Williams, Hull, Palumbo ENTITLED, AN ACT RELATING TO BUSINESSES AND PROFESSIONS - ELECTRICIANS (would include the maintenance of certain electrical components within the purview of this chapter) {LC220/1} 01/10/2013 Introduced, referred to House Corporations

House Bill No. 5047 BY Corvese, Edwards, Azzinaro, Malik, Palangio ENTITLED, AN ACT RELATING TO MOTOR AND OTHER VEHICLES -- OPERATORS' AND CHAUFFEURS' LICENSES (would require persons seeking a RI driver’s license to complete a minimum of 6 hours of over-the-road driver’s training from a licensed drivers training school within this state) {LC45/1} 01/10/2013 Introduced, referred to House Corporations

House Bill No. 5048 BY Corvese, Ucci, Azzinaro, Gallison, Lombardi ENTITLED, AN ACT RELATING TO HEALTH AND SAFETY - GENERATION - TRANSPORTATION - STORAGE - TREATMENT - MANAGEMENT AND DISPOSAL OF REGULATED MEDICAL WASTE (would require hospitals and pharmacies to provide sharps containers for public use) {LC44/1} 01/10/2013 Introduced, referred to House Environment and Natural Resources

House Bill No. 5049 (by request) BY Finn, Kazarian, Keable ENTITLED, AN ACT RELATING TO TAXATION -- SALES AND USE TAXES-- LIABILITY AND COMPUTATION (would exempt from the sales tax and use any goods and services provided to a disabled person with respect to a service, guide or companion animal) {LC308/1} 01/10/2013 Introduced, referred to House Finance

House Bill No. 5050 BY Edwards, Marshall, Newberry, Guthrie, Keable ENTITLED, AN ACT RELATING TO TOWNS AND CITIES -- STATE AID (provide the state reimbursement to cities/towns/school districts is insufficient to cover the cost of state mandates, those affected cities/towns/school districts may cease implementation of state mandates at their discretion up to 50% of the reimbursement) {LC25/1} 01/10/2013 Introduced, referred to House Finance

House Bill No. 5051 BY Newberry, Edwards, Costa, Chippendale, Marcello ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT - DEPARTMENT OF ADMINISTRATION (would require the dept. of administration to include virtual cloud-based technology where appropriate in designing compatible information systems

H.J. -- 9 JOURNAL Thursday, January 10, 2013

for the management of public resources by municipalities) {LC199/1} 01/10/2013 Introduced, referred to House Finance

House Resolution No. 5052 BY Newberry, Edwards, Costa, Chippendale, Marcello ENTITLED, HOUSE RESOLUTION CREATING A SPECIAL LEGISLATIVE COMMISSION TO STUDY CLOUD-BASED TECHNOLOGY IN THE STATE OF RHODE ISLAND {LC201/1} 01/10/2013 Introduced, referred to House Finance

House Bill No. 5053 BY Corvese, Edwards, Fellela, Azzinaro, Malik ENTITLED, AN ACT RELATING TO MOTOR AND OTHER VEHICLES - REGISTRATION OF VEHICLES (would authorize the division of motor vehicles to issue special license plates in recognition of Choose Life) {LC48/1} 01/10/2013 Introduced, referred to House Finance

House Bill No. 5054 BY Walsh, Bennett, Guthrie, Messier, Fellela ENTITLED, AN ACT RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- RETIREMENT SYSTEM--CONTRIBUTIONS AND BENEFITS (would raise the maximum gross pay for retirees who are reemployed by the state from fifteen thousand dollars ($15,000) to eighteen thousand dollars ($18,000) per year) {LC131/1} 01/10/2013 Introduced, referred to House Finance

House Bill No. 5055 BY Walsh, Valencia, Tomasso, Kennedy ENTITLED, AN ACT RELATING TO EDUCATION - THE EDUCATION EQUITY AND PROPERTY TAX RELIEF ACT (ensure that students, and the funds appropriated by the state for local pupil costs, will go to charter public schools and to the Met Center only when said schools are performing at a higher level than the schools in the student's district of residence) {LC15/1} 01/10/2013 Introduced, referred to House Finance

House Bill No. 5056 BY Dickinson ENTITLED, AN ACT RELATING TO DOMESTIC RELATIONS -- PERSONS ELIGIBLE TO MARRY (would broaden the definition of persons eligible to marry to include persons of the same gender. This act would also provide that members of the clergy would not be required to officiate at any particular marriage) {LC154/1} 01/10/2013 Introduced, referred to House Judiciary

House Bill No. 5057 BY Blazejewski, Lima, Keable, Kazarian, Johnston ENTITLED, AN ACT RELATING TO MOTOR AND OTHER VEHICLES -- CONSUMER ENFORCEMENT OF USED MOTOR VEHICLE WARRANTIES (would allow consumers to

H.J. -- 10 JOURNAL Thursday, January 10, 2013

enforce used car warranties through the motor vehicle arbitration board) {LC157/1} 01/10/2013 Introduced, referred to House Judiciary

House Bill No. 5058 (Attorney General) BY Corvese, Gallison, Ucci, Kazarian, Azzinaro ENTITLED, AN ACT RELATING TO CRIMINAL OFFENSES (would provide that any proceeds derived from criminal commercial sexual activity, including, but not limited to, prostitution, would be subject to seizure and forfeiture) {LC47/1} 01/10/2013 Introduced, referred to House Judiciary

House Bill No. 5059 BY Corvese, Edwards, Canario, Azzinaro, Malik ENTITLED, AN ACT RELATING TO HUMAN SERVICES -- UNLAWFUL CONVERSION OF FOOD STAMPS (would make converting food stamps to cash a felony) {LC81/1} 01/10/2013 Introduced, referred to House Judiciary

House Bill No. 5060 BY Corvese, Malik, Palangio, Ucci, Azzinaro ENTITLED, AN ACT RELATING TO ELECTIONS -- GENERAL STATE OFFICERS (would enable the general assembly in grand committee to fill a vacancy in the office of the lieutenant governor) {LC192/1} 01/10/2013 Introduced, referred to House Judiciary

House Bill No. 5061 BY Corvese, Malik, Palangio, Ucci, Azzinaro ENTITLED, AN ACT RELATING TO MOTOR AND OTHER VEHICLES -- PASSING, USING OF LANES, AND RULES OF THE ROAD (would create additional penalties for motor vehicle violations at intersections and rights-of-way that cause serious bodily injury or death) {LC49/1} 01/10/2013 Introduced, referred to House Judiciary

House Bill No. 5062 BY Handy ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES (would allow John Furniss, III, to join Katherine Groff and Jamie Werchadlo in marriage within the City of Cranston, Rhode Island, on or about May 26, 2013) {LC239/1} 01/10/2013 Introduced, referred to House Judiciary

House Bill No. 5063 BY Corvese, McNamara, O'Brien, Azzinaro, Malik ENTITLED, AN ACT RELATING TO FOOD AND DRUGS - UNIFORM CONTROLLED SUBSTANCE ACT (add the hallucinogenic drugs Salvia Divinorum 1 (Salvinorin A or Divinorin A), Datura stramonmium (gypsum weed or jimsom weed) and synthetic cannabinoids (synthetic marijuana) to the RI Controlled Substances Act Schedule 1) {LC46/1} 01/10/2013 Introduced, referred to House Judiciary

H.J. -- 11 JOURNAL Thursday, January 10, 2013

House Resolution No. 5064 BY Lombardi, O`Neill, Chippendale, Giarrusso, Hull ENTITLED, JOINT RESOLUTION TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF AMENDMENT TO THE CONSTITUTION OF THE STATE - FOUR YEAR TERMS AND TERM LIMITS FOR REPRESENTATIVES {LC266/1} 01/10/2013 Introduced, referred to House Judiciary

House Bill No. 5065 BY Ajello ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES (would allow Deborah Johnson to join Pamela Good and Jed Goldberg in marriage on or about June 22, 2013, within the Village of Pascoag, Rhode Island) {LC311/1} 01/10/2013 Introduced, referred to House Judiciary

House Bill No. 5066 BY Ruggiero, McNamara, Abney, Finn, Trillo ENTITLED, AN ACT RELATING TO EDUCATION (would amend the notification requirements regarding the dismissal, suspension or lay-off of teachers in the event of a fiscal exigency or program reorganization) {LC292/1} 01/10/2013 Introduced, referred to House Labor

House Bill No. 5067 BY Guthrie, Edwards, Gallison, Johnston, McNamara ENTITLED, AN ACT RELATING TO HEALTH AND SAFETY - SAFETY AND HEALTH PROGRAMS FOR FIRE DEPARTMENTS (require that all applicable fire depts. comply, at a minimum, with the 1987 edition of the NFPA 1500; standards on fire dept. occupational safety and health programs, and provide a written plan of implementation to the state fire marshal by 1/1/14) {LC221/1} 01/10/2013 Introduced, referred to House Municipal Government

House Bill No. 5068 BY Corvese, Malik, Palangio, Azzinaro, Gallison ENTITLED, AN ACT RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS (would require all school buildings to have a guard on duty, as selected by the appropriate school committee) {LC194/1} 01/10/2013 Introduced, referred to House Municipal Government

House Bill No. 5069 BY Edwards, Gallison, Malik, Marshall, Canario ENTITLED, AN ACT RELATING TO HIGHWAYS - RHODE ISLAND BRIDGE AND TURNPIKE AUTHORITY (would change the composition of the Rhode Island Turnpike and Bridge Authority) {LC27/1} 01/10/2013 Introduced, referred to House Municipal Government

H.J. -- 12 JOURNAL Thursday, January 10, 2013

House Resolution No. 5070 BY McLaughlin ENTITLED, HOUSE RESOLUTION EXPRESSING CONDOLENCES ON THE PASSING OF SERAFIM COSTA {LC304/1} 01/10/2013 House read and passed

With the agreement of the majority and the minority, Representative McLaughlin requests unanimous consent for immediate consideration.

There is no objection.

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

House Resolution No. 5071 BY Tomasso, Ferri, Chippendale, Serpa, Nunes ENTITLED, HOUSE RESOLUTION RECOGNIZING AND COMMENDING ETHAN SPEARMAN UPON ACHIEVING SCOUTING'S MOST DISTINGUISHED HONOR, THE RANK OF EAGLE SCOUT {LC366/1}

With the agreement of the majority and the minority, Representative Tomasso requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on a motion of Representative Tomasso seconded by Representatives Ferri, Chippendale, Serpa, Nunes, DeSimone, Edwards, McNamara, and Ucci by unanimous consent, on a voice vote.

House Bill No. 5072 BY Marcello, Newberry, Hearn, Hull, Giarrusso ENTITLED, AN ACT RELATING TO ELECTIONS -- CONDUCT OF ELECTIONS (would delete the option of straight party voting by means of a single mark in non-primary elections.) {LC318/1} 01/10/2013 Introduced, referred to House Judiciary

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.

ANNOUNCEMENTS

The Honorable Speaker Fox and Representative Silva wish Chairman Melo a Happy Birthday.

H.J. -- 13 JOURNAL Thursday, January 10, 2013

The Honorable Speaker Fox wishes Representative O’Neill and Representative Corvese a Happy Birthday on January 14th.

Representative Ajello announces that the Committee on Judiciary will meet Tuesday at the rise of the House.

Majority Leader Mattiello reminds members photos are being taken in the House Lounge at the rise of the House.

Leader Mattiello also announces session will be regular time on Tuesday at 4 o’clock P.M. and on Wednesday session will begin at 5 o’clock P.M. and reconvene for the Governor’s Address at 7 o’clock P.M.

GUESTS

Representative Costa welcomes to the House Chamber as a guest Ken Block.

Representative Tanzi welcomes to the House as guests Justin Braga and Michael D’Ortenzio

ADJOURNMENT

At 4:55 o’clock P.M. on motion of Representative Martin, and as a further mark of respect to the memory of William “Bill”Amado; on motion of Representative Corvese, and as a further mark of respect to the memory of Florence McCauley; seconded by Representatives Mattiello and Newberry the House adjourns, on a unanimous rising vote.

Linda M. McElroy Recording Clerk

H.J. -- 14 JOURNAL Thursday, January 10, 2013

APPENDIX

INVOCATION

REPRESENTATIVE TERESA A. TANZI

Heavenly Father: Thank you for giving us the opportunity to serve the citizens of this great State. As we move forward to solve the problems of today. Help us to make the choices that will leave a strong, positive lasting legacy for the benefit of our children. Amen