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 fifth day of January in the year of Our Lord two thousand and ten.

Volume 137, No. 16 Thursday, February 11, 2010 Sixteenth Day

The House of Representatives meets at the State House in Providence, Thursday, February 11, 2010 and is called to order at 4:28 o’clock P.M., by the Honorable William J. Murphy, 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 Murphy and Representatives Ajello, Almeida, Azzinaro, Brien, Caprio, Carnevale, Carter, Coderre, Corvese, Costantino, DaSilva, DeSimone, Diaz, Driver, Edwards, Ehrhardt, Fellela, Ferri, Fierro, Flaherty, Fox, Gablinske, Gallison, Gemma, Giannini, Guthrie, Handy, Hearn, Jacquard, Kennedy, Kilmartin, Lally, Lima, Loughlin, MacBeth, Malik, Marcello, Martin, Mattiello, McCauley, McNamara, Melo, Menard, Messier, Naughton, Newberry, O'Neill, Pacheco, Petrarca, Pollard, A. Rice, M. Rice, Ruggiero, San Bento, Savage, Schadone, Segal, Serpa, Shallcross-Smith, Silva, Slater, Sullivan, Ucci, Vaudreuil, Walsh, Wasylyk, Watson, Williams, Williamson, Winfield.

ABSENT - 4: Representatives Baldelli-Hunt, Jackson, Palumbo, Trillo.

INVOCATION

The Honorable Speaker presents Representative Almeida 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 Tuesday, February 9, 2010 is approved as printed.

H.J. -- 2 JOURNAL Thursday, February 11, 2010

RECESS

At 4:31 o’clock P.M. the Honorable Speaker Murphy declares the House to be in recess, in order for a closed Democratic House Caucus in the House Lounge.

ORDER

At 5:09 o’clock P.M. the Honorable Speaker Murphy calls the House to order.

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

ABSENT - 4: Representatives Baldelli-Hunt, Jackson, Palumbo, Trillo.

The Honorable Speaker Murphy announces effective immediately that he resigns his position as the Speaker of the Rhode Island House of Representatives.

(For the Honorable Speaker Murphy’s remarks see Appendix of this Journal.)

ANNOUNCEMENTS

February 11, 2010

Mr. Francis McCabe Clerk of the House of Representatives

Dear Clerk McCabe:

I wish to inform you that the House Democratic Caucus has elected Representative Nicholas Mattiello as the Majority Leader, Representative J. Patrick O’Neill as the Majority Whip and Representative Donald Lally as the Deputy Majority Whip, for the remainder of the 2010 session.

Sincerely,

William J. Murphy Speaker

Received and placed on file.

______

H.J. -- 3 JOURNAL Thursday, February 11, 2010

February 11, 2010

Mr. Francis McCabe Clerk of the House of Representatives

Dear Clerk McCabe:

Please be advised that I appoint Representative Elaine Coderre as Speaker Tempore.

Sincerely,

William J. Murphy Speaker

Received and placed on file.

NOW PRESIDING

At 5:22 o’clock P.M. the Honorable Speaker Murphy yields the rostrum to the Honorable Speaker Pro Tempore Coderre.

ELECTION OF SPEAKER FOR BALANCE OF 2010 SESSION

Speaker Pro Tempore Coderre calls for nominations.

Representative Costantino nominates Representative Gordon D. Fox of Providence, to be Speaker of the House of Representatives. The nomination is seconded by Representatives Williams, Melo, Serpa, Carter, Handy, Ajello, Ruggiero, Walsh, Martin, Kilmartin, Pacheco, Naughton, McCauley, Giannini, Almeida, Carnevale, Mattiello, A. Rice, Ucci, Shallcross-Smith, Gemma, Williamson, Marcello, Hearn, Duffy Messier, Ferri, McNamara, Gallison, Murphy, M. Rice, Flaherty, Vaudreuil, Silva, Sullivan, Gablinske, Lally, Diaz, Slater, Caprio, DeSimone, Segal, O’Neill, Petrarca, Fierro, Fellela, Kennedy and San Bento.

Representative Jacquard nominates Representative Gregory J. Schadone of North Providence to be Speaker of the House of Representatives. The nomination is seconded by Representatives Malik, Guthrie, Driver, Corvese, Menard, Azzinaro, Pollard, Edwards, DaSilva, MacBeth, Winfield and Brien.

Representative Loughlin nominates Representative Robert A. Watson of East Greenwich/West Greenwich to be Speaker of the House of Representatives. The nomination is seconded by Representatives Savage, Ehrhardt, Newberry and Loughlin.

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

The motion to close nominations prevails on a voice vote.

H.J. -- 4 JOURNAL Thursday, February 11, 2010

The election of Representative Gordon D. Fox as Speaker of the House prevails, on a roll call vote, 51 members voting for Representative Fox, 14 members voting for Representative Schadone and 5 members voting for Representative Watson with 1 abstained.

FOX – 51: Representatives Murphy, Ajello, Almeida, Caprio, Carnevale, Carter, Coderre, Costantino, DeSimone, Diaz, Fellela, Ferri, Fierro, Flaherty, Fox, Gablinske, Gallison, Gemma, Giannini, Handy, Hearn, Kennedy, Kilmartin, Lally, Marcello, Martin, Mattiello, McCauley, McNamara, Melo, Messier, Naughton, O’Neill, Pacheco, Petrarca, A. Rice, M. Rice, Ruggiero, San Bento, Segal, Serpa, Shallcross-Smith, Silva, Slater, Sullivan, Ucci, Vaudreuil, Walsh, Wasylyk, Williams, Williamson.

SCHADONE – 14: Representatives Azzinaro, Brien, Corvese, DaSilva, Driver, Edwards, Guthrie, Jacquard, Malik, Macbeth, Menard, Pollard, Schadone, Winfield.

WATSON - 5: Representatives Ehrhardt, Loughlin, Newberry, Savage, Watson.

ABSTAINED – 1: Representative Lima.

The Chair declares Gordon D. Fox is elected Speaker of the House for the remainder of the 2010 Session.

APPOINTMENTS

The Chair appoints Representatives Ajello, Almeida, Caprio, Carter, Diaz, Ferri, Gallison, Giannini, Handy, Melo, Naughton, Petrarca, San Bento, Serpa, Watson and Williamson as a committee to escort the Honorable Speaker-elect, his mother, Mary Fox and Marcus Lafond to the rostrum.

The Honorable Speaker elect presents his mother with flowers.

The Chair appoints as a committee to escort William R. Guglietta, Chief Magistrate of the RI Traffic Tribunal to the rostrum, Representatives DeSimone, Fellela, Flaherty, Gablinske, Gemma, A. Rice, Savage, Silva, Ucci, Vaudreuil and Walsh.

OATH OF OFFICE

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

NOW PRESIDING

At 6:05 o’clock P.M. Speaker Pro Tempore Coderre turns over the rostrum to the Honorable Speaker, Gordon D. Fox.

The Honorable Speaker Gordon D. Fox addresses the members of the House of Representatives.

H.J. -- 5 JOURNAL Thursday, February 11, 2010

(For the Honorable Speaker Fox’s remarks see Appendix of this Journal.)

COMMUNICATION

The Honorable Speaker announces the receipt of the following communication:

February 11, 2010

Clerk of the House of Representatives Rhode Island State House Providence, RI 02903

RE: Attendance and Election of Speaker

Dear House Clerk:

I am unable to attend the session on Thursday, February 11, 2010, due to a family commitment. I would like the record to reflect that if I had been present, I would have voted for Representative Gordon D. Fox for Speaker of the House.

Sincerely,

J. Russell Jackson Representative District 73

Received and placed on file.

APPOINTMENTS

February 11, 2010

TO THE HONORABLE SECRETARY OF STATE:

I have the honor to inform you that I hereby appoint:

Representative Mary Duffy Messier

to the House Committee on Corporations.

Sincerely,

Gordon D. Fox Speaker of the House

Received and placed on file. ______

H.J. -- 6 JOURNAL Thursday, February 11, 2010

February 11, 2010

TO THE HONORABLE SECRETARY OF STATE:

I have the honor to inform you that I hereby appoint:

Representative Mary Duffy Messier

to the House Committee on Environment and Natural Resources.

Sincerely,

Gordon D. Fox Speaker of the House

Received and placed on file.

COMMUNICATION

February 11, 2010

Dear Speaker Fox:

First, let me congratulate you on your election to the office of Speaker of the House, and wish you gook luck and wisdom in your new position.

There is an old Italian saying that “power wears out those who don’t have it.” On a more practical level, I have always personally believed “power wears out those who don’t use it.” As Speaker of the House, you now have the power, and the position, to use it.

I did not, and could not in good conscience, vote for you for Speaker, This has nothing to do with your sexual preference or race; I know you know this is the truth, since you have acknowledged this to your political confidants, You are well aware that my reason for not voting for you is purely philosophical. Philosophy drives policy; policy drives both the budget and legislation. I believe your philosophical stance on major issues is too far to the Left for the good of the citizens of the State of Rhode Island. As Speaker, you have the power and the potential to set the state’s economic, social, and legislative agendas for the next decade. A Fox Speakership will invariably include, but not be limited to, an increase in the state income tax; a lack of Constitutionally-sound state limitations on illegal immigration; an economic development policy overly influenced by environmental extremists; and, of course, the Left’s raison d’etre, gay marriage. I firmly believe neither my constituents in House District 55 in North Providence, nor the taxpaying electorate at large, want this agenda for the state.

There is a measure of loyalty and responsibility inherent to every Chairman’s position within the leadership of the House. Thus, for the aforementioned reasons, it would be impossible for me to be any part of a Fox legislative team, or support this type of legislative agenda. Therefore, please accept this letter of resignation as Chairman of the House Labor Committee, effective immediately.

H.J. -- 7 JOURNAL Thursday, February 11, 2010

Once again, congratulations and good luck.

Sincerely,

Arthur J. Corvese

State Representative, District 55

Received and placed on file.

______

APPOINTMENTS

February 11, 2010

TO THE HONORABLE SECRETARY OF STATE:

I have the honor to inform you that I hereby appoint:

Representative David A. Caprio

to the House Committee on Judiciary.

Sincerely,

Gordon D. Fox Speaker of the House

Received and placed on file. ______

February 11, 2010

TO THE HONORABLE SECRETARY OF STATE:

I have the honor to inform you that I hereby appoint:

Representative David A. Caprio

as Chairman of the House Committee on Judiciary.

Sincerely,

Gordon D. Fox Speaker of the House

Received and placed on file. ______

H.J. -- 8 JOURNAL Thursday, February 11, 2010

February 11, 2010

TO THE HONORABLE SECRETARY OF STATE:

I have the honor to inform you that I hereby appoint:

Representative Anastasia P. Williams

as Chairwoman of the House Committee on Labor.

Sincerely,

Gordon D. Fox Speaker of the House

Received and placed on file. ______

Minority Leader Watson congratulates the Honorable Speaker Fox and wishes Speaker Fox and Speaker Murphy the best of luck.

Representatives Naughton, Caprio, A. Rice, Williams, O’Neill, Mattiello, and Diaz congratulate the Honorable Speaker Fox.

The Honorable Speaker Fox and Representative Williams extend thanks to former Chairperson of Labor, Representative Arthur Corvese.

NEW BUSINESS

House Resolution No. 7436 BY Diaz, Slater, Almeida, Lima, Segal ENTITLED, HOUSE RESOLUTION HONORING C+SAR ESTRADA CH-VEZ (1927-1993) {LC307/1} 02/11/2010 Introduced, referred to House Constituent Services

House Bill No. 7437 BY Jacquard, Marcello, Palumbo ENTITLED, AN ACT RELATING TO HIGHWAYS - MAINTENANCE OF TOWN HIGHWAYS {LC1195/1} 02/11/2010 Introduced, referred to House Corporations

House Bill No. 7438 BY Rice M, Walsh, Azzinaro ENTITLED, AN ACT RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS {LC1243/1} 02/11/2010 Introduced, referred to House Corporations

H.J. -- 9 JOURNAL Thursday, February 11, 2010

House Bill No. 7439 BY Gemma, Fox ENTITLED, AN ACT RELATING TO BUSINESSES AND PROFESSIONS -- RHODE ISLAND ORTHOTICS AND PROSTHETICS PRACTICES {LC1387/1} 02/11/2010 Introduced, referred to House Corporations

House Bill No. 7440 BY Williams, Shallcross Smith, Serpa, Walsh, O`Neill JP ENTITLED, AN ACT RELATING TO PUBLIC UTILITIES AND CARRIERS -- DUTIES OF UTILITIES AND CARRIERS {LC1610/1} 02/11/2010 Introduced, referred to House Corporations

House Bill No. 7441 BY Slater, Almeida, Diaz, Williams ENTITLED, AN ACT RELATING TO PUBLIC UTILITIES AND CARRIERS -- TERMINATION OF SERVICE TO PERSONS WHO ARE DISABLED OR SERIOUSLY ILL {LC1306/1} 02/11/2010 Introduced, referred to House Corporations

House Bill No. 7442 BY Serpa, Vaudreuil ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF ENVIRONMENTAL MANAGEMENT {LC1137/1} 02/11/2010 Introduced, referred to House Environment and Natural Resources

House Resolution No. 7443 BY Melo, Ucci, Williams, Rice M, Savage ENTITLED, HOUSE RESOLUTION CELEBRATING "EARTH HOUR" ON MARCH 27TH OF 2010 IN THE STATE OF RHODE ISLAND {LC1662/1} 02/11/2010 Introduced, referred to House Environment and Natural Resources

House Bill No. 7444 BY Slater, Almeida, Diaz, Williams, Segal ENTITLED, AN ACT RELATING TO TAXATION -- PERSONAL INCOME TAX {LC1305/1} 02/11/2010 Introduced, referred to House Finance

House Bill No. 7445 BY Pacheco, Fierro, Gallison, Savage, DaSilva ENTITLED, AN ACT RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- RETIREMENT SYSTEM -- CONTRIBUTIONS AND BENEFITS {LC1319/1} 02/11/2010 Introduced, referred to House Finance

House Bill No. 7446 BY Fierro, Ajello, Pacheco, Segal, Guthrie ENTITLED, AN ACT RELATING TO ELECTIONS - CAMPAIGN FIDUCIARY {LC142/1} 02/11/2010 Introduced, referred to House Finance

H.J. -- 10 JOURNAL Thursday, February 11, 2010

House Bill No. 7447 BY Ruggiero, Serpa, Fox, Trillo, Ferri ENTITLED, AN ACT RELATING TO TAXATION {LC1083/1} 02/11/2010 Introduced, referred to House Finance

House Bill No. 7448 BY Pacheco ENTITLED, AN ACT RELATING TO COURTS AND CIVIL PROCEDURE - COURTS - PENSIONS {LC990/1} 02/11/2010 Introduced, referred to House Finance

House Bill No. 7449 BY Edwards, Gallison, Rice A, Loughlin ENTITLED, AN ACT RELATING TO HIGHWAYS - CONSTRUCTION AND MAINTENANCE OF STATE ROADS {LC1375/1} 02/11/2010 Introduced, referred to House Finance

House Bill No. 7450 BY Ferri, Segal, Rice M, Naughton, McNamara ENTITLED, AN ACT RELATING TO HEALTH AND SAFETY - SEXUALLY TRANSMITTED DISEASES {LC1377/1} 02/11/2010 Introduced, referred to House H.E.W.

House Bill No. 7451 BY Coderre E, Kilmartin, Naughton ENTITLED, AN ACT RELATING TO HUMAN SERVICES - INTERPRETER SERVICES {LC1346/1} 02/11/2010 Introduced, referred to House H.E.W.

House Bill No. 7452 BY Jacquard, Williams ENTITLED, AN ACT RELATING TO MOTOR AND OTHER VEHICLES -- EQUIPMENT AND ACCESSORIES GENERALLY {LC1185/1} 02/11/2010 Introduced, referred to House H.E.W.

House Bill No. 7453 BY Lima ENTITLED, AN ACT RELATING TO EDUCATION -- RHODE ISLAND CERTIFICATION STANDARDS BOARD {LC1347/1} 02/11/2010 Introduced, referred to House H.E.W.

House Bill No. 7454 BY Petrarca, Winfield ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT - OPEN MEETINGS {LC1308/1} 02/11/2010 Introduced, referred to House Municipal Government

H.J. -- 11 JOURNAL Thursday, February 11, 2010

House Bill No. 7455 BY Lally, Caprio D ENTITLED, AN ACT RELATING TO TAXATION {LC1078/1} 02/11/2010 Introduced, referred to House Municipal Government

House Bill No. 7456 BY Marcello ENTITLED, AN ACT RELATING TO SAINT MARY AND SAINT MENA COPTIC ORTHODOX CHURCH OF R.I. {LC148/1} 02/11/2010 Introduced, referred to House Municipal Government

House Bill No. 7457 BY Jacquard, Williams, Palumbo, Corvese ENTITLED, AN ACT RELATING TO TAXATION - COLLECTION OF TAXES GENERALLY {LC1187/1} 02/11/2010 Introduced, referred to House Municipal Government

House Bill No. 7458 BY Coderre E, Kilmartin, Messier, O`Neill JP ENTITLED, AN ACT RELATING TO ELECTIONS - LOCAL CANVASSING AUTHORITIES {LC1385/1} 02/11/2010 Introduced, referred to House Municipal Government

House Bill No. 7459 BY Jacquard, Williams, Palumbo, Corvese ENTITLED, AN ACT RELATING TO TAXATION -- PROPERTY SUBJECT TO TAXATION {LC1193/1} 02/11/2010 Introduced, referred to House Municipal Government

House Bill No. 7460 BY Serpa, Ruggiero, Williams, Walsh, Shallcross Smith ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT - ECONOMIC DEVELOPMENT CORPORATION {LC1065/1} 02/11/2010 Introduced, referred to House Committee on Small Business

House Bill No. 7461 BY Malik, Corvese, Palumbo ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- TEMPORARY DISABILITY INSURANCE {LC1069/1} 02/11/2010 Introduced, referred to House Labor

House Bill No. 7462 BY DaSilva, Melo, Savage, Carnevale, Corvese ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- RHODE ISLAND WORKER PROTECTION AND JOB LOSS NOTIFICATION ACT {LC1194/1} 02/11/2010 Introduced, referred to House Labor

H.J. -- 12 JOURNAL Thursday, February 11, 2010

House Bill No. 7463 BY Silva ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- TEMPORARY DISABILITY INSURANCE BENEFITS {LC1196/1} 02/11/2010 Introduced, referred to House Labor

House Bill No. 7464 BY Silva ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- WORKERS' COMPENSATION -- GENERAL PROVISIONS {LC1057/1} 02/11/2010 Introduced, referred to House Labor

House Bill No. 7465 BY Guthrie ENTITLED, AN ACT RELATING TO EDUCATION - TEACHERS' TENURE {LC1390/1} 02/11/2010 Introduced, referred to House Labor

House Bill No. 7466 BY Ferri, Rice M, Ajello, Slater, Walsh ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- FAIR EMPLOYMENT PRACTICES {LC1303/1} 02/11/2010 Introduced, referred to House Labor

House Bill No. 7467 BY Ferri, Rice M, Ajello, Slater, Diaz ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- REMEDIES {LC1307/1} 02/11/2010 Introduced, referred to House Labor

House Bill No. 7468 BY Newberry, MacBeth ENTITLED, AN ACT RELATING TO TOWNS AND CITIES -- RETIREMENT OF MUNICIPAL EMPLOYEES {LC964/1} 02/11/2010 Introduced, referred to House Labor

House Bill No. 7469 BY Newberry, MacBeth ENTITLED, AN ACT RELATING TO EDUCATION -- TEACHERS' RETIREMENT {LC963/1} 02/11/2010 Introduced, referred to House Labor

House Bill No. 7470 BY McNamara, Palumbo, Corvese ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- CORRECTIONAL OFFICERS ARBITRATION {LC99/1} 02/11/2010 Introduced, referred to House Labor

H.J. -- 13 JOURNAL Thursday, February 11, 2010

House Bill No. 7471 BY Winfield ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS - WORKERS' COMPENSATION - PROCEDURE {LC1309/1} 02/11/2010 Introduced, referred to House Labor

House Bill No. 7472 BY Winfield ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- WORKERS' COMPENSATION--BENEFITS {LC1313/1} 02/11/2010 Introduced, referred to House Labor

House Bill No. 7473 BY McNamara, Palumbo, Corvese ENTITLED, AN ACT RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY - JURY LISTS {LC1601/1} 02/11/2010 Introduced, referred to House Judiciary

House Bill No. 7474 (Attorney General) BY Kilmartin, DaSilva, Martin ENTITLED, AN ACT RELATING TO CRIMINAL OFFENSES -- HOMICIDE {LC408/1} 02/11/2010 Introduced, referred to House Judiciary

House Bill No. 7475 BY Kilmartin, DaSilva ENTITLED, AN ACT RELATING TO CRIMINALS -- CORRECTIONAL INSTITUTIONS - - PAROLE {LC945/1} 02/11/2010 Introduced, referred to House Judiciary

House Bill No. 7476 BY Jacquard ENTITLED, AN ACT RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS -- DECEPTIVE TRADE PRACTICES {LC1191/1} 02/11/2010 Introduced, referred to House Judiciary

House Bill No. 7477 BY Jacquard, Williams ENTITLED, AN ACT RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY - LEVY AND SALE ON EXECUTION {LC1179/1} 02/11/2010 Introduced, referred to House Judiciary

House Bill No. 7478 BY Caprio D, Gablinske, Jacquard, Williams, Carnevale ENTITLED, AN ACT RELATING TO ALCOHOLIC BEVERAGES -- REGULATION OF SALES {LC1118/1} 02/11/2010 Introduced, referred to House Judiciary

H.J. -- 14 JOURNAL Thursday, February 11, 2010

House Bill No. 7479 (Attorney General) BY Serpa, Kilmartin, Melo, Coderre E, MacBeth ENTITLED, AN ACT RELATING TO CRIMINAL PROCEDURE - SENTENCE AND EXECUTION {LC923/1} 02/11/2010 Introduced, referred to House Judiciary

House Bill No. 7480 BY Serpa, Melo ENTITLED, AN ACT RELATING TO ANIMALS AND ANIMAL HUSBANDRY {LC1383/1} 02/11/2010 Introduced, referred to House Judiciary

House Bill No. 7481 BY Kennedy, Walsh, Driver, Lally, Carter ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT - OPEN MEETINGS - SCHOOL COMMITTEES {LC1382/1} 02/11/2010 Introduced, referred to House Judiciary

House Bill No. 7482 BY Newberry, Marcello, Driver, Hearn, Ruggiero ENTITLED, AN ACT RELATING TO ELECTIONS -- SECRETARY OF STATE {LC777/1} 02/11/2010 Introduced, referred to House Judiciary

House Bill No. 7483 BY Coderre E, Kilmartin, Giannini, Shallcross Smith, Serpa ENTITLED, AN ACT RELATING TO DOMESTIC RELATIONS -- DIVORCE AND SEPARATION {LC1178/1} 02/11/2010 Introduced, referred to House Judiciary

House Bill No. 7484 (Attorney General) BY Pacheco, Kilmartin, DaSilva, Martin, Ruggiero ENTITLED, AN ACT RELATING TO MOTOR AND OTHER VEHICLES -- ACCIDENTS AND ACCIDENT REPORTS {LC922/1} 02/11/2010 Introduced, referred to House Judiciary

House Bill No. 7485 BY Jacquard, Corvese ENTITLED, AN ACT RELATING TO CRIMINAL OFFENSES -- BURGLARY AND BREAKING AND ENTERING {LC1189/1} 02/11/2010 Introduced, referred to House Judiciary

House Bill No. 7486 (Attorney General) BY Giannini, Kilmartin, Lima, Brien ENTITLED, AN ACT RELATING TO CRIMINAL OFFENSES - CHILDREN {LC917/1} 02/11/2010 Introduced, referred to House Judiciary

H.J. -- 15 JOURNAL Thursday, February 11, 2010

House Bill No. 7487 BY Trillo, Newberry, Gallison, Carter, Brien ENTITLED, AN ACT RELATING TO PROPERTY -- MARINE SLIP RENTALS {LC1370/1} 02/11/2010 Introduced, referred to House Judiciary

House Bill No. 7488 BY Slater, Almeida, Diaz, Williams, Ferri ENTITLED, AN ACT RELATING TO PROPERTY -- IMMIGRATION STATUS {LC1324/1} 02/11/2010 Introduced, referred to House Judiciary

House Bill No. 7489 BY MacBeth, Edwards, Azzinaro, Brien, Palumbo ENTITLED, AN ACT RELATING TO HEALTH AND SAFETY -- INFORMED CONSENT FOR ABORTION {LC979/1} 02/11/2010 Introduced, referred to House Judiciary

House Bill No. 7490 BY Segal, Ferri, Williams, Slater, Diaz ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT - CRIMINAL PROCEDURE SENTENCE AND EXECUTION - HATE CRIMES {LC1320/1} 02/11/2010 Introduced, referred to House Judiciary

House Bill No. 7491 BY Ferri, Rice M, Naughton, McNamara, Diaz ENTITLED, AN ACT RELATING TO FOOD AND DRUGS -- GOOD SAMARITAN OVERDOSE PREVENTION ACT {LC1381/1} 02/11/2010 Introduced, referred to House Judiciary

House Bill No. 7492 BY Gablinske, Gallison, DaSilva, Malik, Kennedy ENTITLED, AN ACT RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES {LC1411/1} 02/11/2010 Introduced, referred to House Judiciary

House Bill No. 7493 BY Ferri, Rice M, Naughton, Gallison, Serpa ENTITLED, AN ACT RELATING TO BUSINESSES AND PROFESSIONS -- PHYSICIAN ASSISTANTS {LC1431/1} 02/11/2010 Introduced, referred to House Judiciary

House Bill No. 7494 BY Diaz, Almeida, Fierro, Guthrie, Lima ENTITLED, AN ACT RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- MERIT SYSTEM {LC1388/1} 02/11/2010 Introduced, referred to House Judiciary

H.J. -- 16 JOURNAL Thursday, February 11, 2010

House Bill No. 7495 BY Coderre E ENTITLED, AN ACT RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTION {LC1181/1} 02/11/2010 Introduced, referred to House Judiciary

House Bill No. 7496 BY Driver, MacBeth, Ehrhardt, Azzinaro, Rice A ENTITLED, HOUSE RESOLUTION AMENDING THE RULES OF THE HOUSE OF REPRESENTATIVES FOR THE YEARS 2009-2010 {LC911/1} 02/11/2010 Introduced, referred to House Rules Committee

ANNOUNCEMENT

Representative Naughton introduces her intern for the year, Alice Aieskoll, a Providence College Student majoring in Global Studies.

GUESTS

Representative Naughton welcomes to the House Chamber as guests the family of Speaker Pro Tempore Coderre, her son Robert and his daughter Hanna.

Representative Caprio welcome to the House as guests Nehru King and his father Chief Judge Frank Caprio.

Representative O’Neill welcomes to the Chamber as guests his father, Jim O’Neill. Representative O’Neill also welcomed his wife Sheri and his daughter Hannah who had to leave earlier in the session.

The Honorable Speaker Fox welcomes to the House the President of the Senate, Teresa Paiva Weed.

Majority Leader Mattiello welcomes to the House Chamber his wife Mary Ann; his sons, Nick Mattiello, Jr. and Anthony Mattiello; his sister, Susan Izzo; his brother-in-law, Rocco Izzo; his brother, Anthony Mattiello; his sister-in-law, Donna Mattiello; his niece, Stephanie Mattiello and his nephew, David Mattiello.

Representative Naughton welcomes to the House Frank Pontarelli, Dean of Johnson & Wales University. ADJOURNMENT

At 6:48 o’clock P.M. on motion of Representative Gemma, and as a further mark of respect to the memory of Delfino Buonaiuto; on motion of Representative Ferri, and as a further mark of respect to the memory of Anthony Ciolli; seconded by Representatives Mattiello and Watson the House adjourns, on a unanimous rising vote.

Linda M. McElroy Recording Clerk

H.J. -- 17 JOURNAL Thursday, February 11, 2010

APPENDIX

INVOCATION

REPRESENTATIVE JOSEPH S. ALMEIDA

Dear God, we are grateful for the privilege of serving in this House of Representatives. Keep us ever mindful that we are here to serve those who elected us and all of the people of Rhode Island. Amen.

H.J. -- 18 JOURNAL Thursday, February 11, 2010

APPENDIX

REMARKS OF THE HONORABLE SPEAKER WILLIAM J. MURPHY

Wednesday, Feb. 10, 2010

It is with great pride and a sense of accomplishment that I announce to you today that I am resigning my position as Speaker of the House of Representatives, effective immediately. I thank all of you who have given me your support and have voted for me on four separate occasions. It has been a very humbling experience to serve as Speaker of this great institution. It has been a great honor to serve as the State Representative from District 26 for the past 18 years. I will remain a member of the House for the rest of this session to continue to represent my constituents who have elected me. I thank all of the residents of District 26 for sending me to the State House for nine consecutive terms. I want to thank the most important people in my life, my wife Stacey and my sons Ryan and Kyle, who have been extremely supportive and understanding of the long hours I have spent at the State House. I would like to thank my brother Mike and his family for always being there for me. I would also like to thank my law partner, Mark Fay, and all of our employees at Murphy & Fay for their patience while I tended to public service matters. I also want to thank my State House staff for their dedication and commitment. Dick Kearns, Lynn DiPetrillo, Larry Berman, Frank Anzeveno I sincerely appreciate all of your efforts. Most of all, I want to thank the 74 other members of the House of Representatives. There is not a better body anywhere in the United States. We have debates that probably last a little longer than they should. We occasionally have debates that get heated and we lose our cool. But at the end of the day, after healthy discussions, we all have great respect for one another and I will remember the friendship I have made inside this chamber forever. While it would be impossible to recognize all of you, I do want to especially thank those that serve in positions of leadership for stepping up to take on often thankless jobs that consume great time and energy. Majority Leader Gordon Fox has been my working partner for eight years. I have relied on his great wisdom, knowledge of the issues and his vision for a better Rhode Island. Leader Fox, you are the best, and I wish you great success in the journey ahead. Minority Leader Bob Watson has always kept me on my game and has been a most worthy adversary who I respect and admire. To all the other members of the leadership teams, and to the loyal and dedicated committee chairpersons, I thank you all for your commitment to the people of our great state. Please know that your work is appreciated. The Honorable Speaker Murphy extends personal thanks to the following Representatives: Tim Williamson Patricia Serpa Chairman Costantino Peter Kilmartin Elaine Coderre J. Patrick O’Neill

H.J. -- 19 JOURNAL Thursday, February 11, 2010

Charlene Lima

We are going through unprecedented and difficult economic times, and we do not get the credit that we deserve for our work here. There are four very special members who died while serving in office during these last eight years that I was on the rostrum. You will never find four finer individuals than Steve Anderson of Coventry, former Finance Committee Chairman Paul Sherlock of Warwick, Paul Crowley of Newport, and Tom Slater of Providence. They were all great friends and confidants, and their expertise and guidance are sorely missed by everyone in this chamber. They may be gone, but they certainly will never be forgotten. As I reflect on these past eight years, there is a great sense of sense of accomplishment on behalf of the House of Representatives.

We have never raised broad-based sales or income taxes.

We have implemented Separation of Powers.

We have strengthened our drunken driving laws on three separate occasions.

We have banned smoking in restaurants and other public places.

We have made our roads and highways safer by banning texting and preventing minors

from using cell phones.

We have raised the minimum wage three times.

We have made our state more business friendly by allowing both car sales and liquor

sales on Sundays, while relaxing outdated blue laws.

We have closed the prostitution loophole, cracked down on sexual predators, and enacted

stronger laws against domestic violence.

We have twice enacted pension reforms which have resulted in a total savings to

taxpayers of over $100 million dollars per year.

H.J. -- 20 JOURNAL Thursday, February 11, 2010

We passed tax credit legislation to allow companies like Fidelity and Amgen to expand

their workforces.

We adopted tax policies that make our state much more competitive with our neighbors.

We have invested in the future of our state by purchasing the Dunkin Donuts Center and

supporting initiatives to improve the infrastructure at Quonset Point and build important

new facilities at all three of our state colleges.

We have banned mandatory overtime for nurses in hospitals and strengthened our laws to

protect patients in nursing homes.

We have invested in affordable housing initiatives.

We have supported the development of renewable energy and increased fines against

industrial polluters.

We have backed innovative charter school proposals that are already showing great

results.

All of these achievements in the last eight years have come because we have all worked together, on a bipartisan basis and with a spirit of cooperation with the Senate and with Governor Carcieri, because we all share a common goal – to improve the quality of life for Rhode Islanders. If I can leave with one final message, it would be this: Rhode Islanders need to stop tearing ourselves down. Let’s be more positive. We have a great state. Our economy, battered by a national recession, will turn around. We must position ourselves to be stronger than ever when we come out of this recession. I will be here through the rest of this session to offer any assistance that is sought. But I am leaving the leadership duties to a new team today, more confident than ever that this state is on the right track towards future prosperity. I wish all of you the best of luck. Thank you again for this honor. It has been a privilege to serve you.

H.J. -- 21 JOURNAL Thursday, February 11, 2010

APPENDIX

REMARKS OF THE HONORABLE SPEAKER GORDON D. FOX

Thank you, Chief Magistrate Guglietta. You were the obvious choice to swear me in. As my former legal counsel and chief adviser, you are one of the people most responsible for my success. I’d like to also thank our new Speaker Pro Tem Elaine Coderre for presiding over the election process. As the dean of the House, you have the respect of all of our members. I’d like to thank my family and friends who are here today. In particular, my mother Mary has always demonstrated, not through words but through actions, that you have to work hard in life to succeed; and honesty and commitment are more than mere words, they are qualities to live by. I am most grateful to my mother for instilling in my brothers and sisters that in life you sometimes need to make sacrifices of yourself for the good of others. You took wonderful care of all six of us kids and I know now how often you went without so that we didn’t have to. To Marcus, thank you for always making everything so much easier for me. I wouldn’t have been able to do any of this without you. I’d like to thank my colleagues who have elected me as Speaker. This is one of the greatest honors of my life and I deeply appreciate the confidence you have placed in me. I also want to thank my constituents from the Mount Hope, Summit and Blackstone neighborhoods of Providence who have given me the privilege of serving as their State Representative for the past 18 years. I pledge to work hard for both my district and for the people of the State of Rhode Island, and I pledge to work with each of you. We are a 75-member body and my door will be open to all of you. The only way we can fulfill our potential as a state is to share our ideas on a bipartisan basis, and work with our colleagues in the Senate and the Governor’s office. These are very critical times in our state’s history, and we must cooperate to ensure that our budget is balanced and our economy is vibrant once again. Before we look forward, I’d like to take a moment to look back at these past seven-plus years under Speaker Murphy’s leadership. Bill, you are a good, honest and decent man. You included me as a partner in all the decisions that have been made, and you have supported me on a daily basis. I will always be proud to call you my friend and I am glad you will remain a member of this House through the rest of this session. And whether you want the title or not, you will be my senior adviser in the coming months. And I promise to remember the rules! I also want to acknowledge Representative Peter Kilmartin. Your unconditional support of this new leadership team and your work as Whip is greatly appreciated. I wish you well in your new endeavors. Starting today, there will be a new Leadership Team in place. This team is ready to tackle the many challenges that confront Rhode Island. This Leadership Team mirrors the makeup of this chamber, with a balance of three long- serving members with great institutional knowledge, as well as two representatives from the classes elected in the past five years. These classes comprise a majority of the members of this chamber.

H.J. -- 22 JOURNAL Thursday, February 11, 2010

Succeeding me as Majority Leader, as elected by the House Democratic Caucus, will be Representative Nick Mattiello of Cranston. Nick has demonstrated his ability to lead, work hard and make tough decisions while serving on the pension reform commission and on the House Finance Committee. He has been a successful attorney and businessman for more than 20 years. I have a great deal of respect for Nick and I am extremely confident that he will do a great job. Representative J. Patrick O’Neill is a veteran prosecutor who has a great understanding of the judicial system and the legislative process. These qualities will be invaluable in his new role as the Majority Whip. I am honored that Elaine Coderre, a 26-year veteran of the House of Representatives, will lend her steady hand and calm demeanor as the new Speaker Pro Tem. Representative Don Lally, a 20-year veteran of the House who has served as Judiciary Committee chairman and in other leadership positions, will bring a wealth of experience and knowledge as the new Deputy Whip. And Tim Williamson has agreed to remain in his position as Senior Deputy Majority Leader. I can’t quite find the words to describe the talents that Tim brings to the team, but we can all agree that you just feel safer with Tim at your side. But seriously, Tim, your work as chairman of the Pension Reform Commission was first- rate and truly demonstrates your ability to tackle tough issues and deal with them responsibly. Together, our leadership team will ensure that issues are brought forward in a timely and professional manner and the decorum of the chamber is respected at all times. We also will continue to work with Minority Leader Watson and the Republican caucus on policies to improve the quality of life for all Rhode Islanders. Bob, I know we share a common goal to make Rhode Island a wonderful place to live, work and succeed. We may sometimes differ on how to get there, but we can always be respectful of each others’ ideas and to be open to learn from each other. Bob, I look forward to working with you to serve your caucus better. I’d like to thank House Finance Committee Chairman Steven Costantino for nominating me. Steven is a dear and loyal friend who will be an integral part of the leadership team and will offer invaluable assistance as we take the necessary measures to create a more vibrant and robust economy. Steven, you are one of the classiest people to ever grace this chamber. I’d like to also thank Representative Anastasia Williams for seconding my nomination. We have served together for 18 years and I admire her as a passionate advocate for the City of Providence and a voice for those who are often underrepresented here in the State House. As we move forward from today, it is imperative that we take all the necessary steps to come out of this national recession in a stronger position than which we entered. That must include a very aggressive job creation agenda that emphasizes a better trained, better educated and more qualified workforce. To do this, we have to work together and change the way we operate. As Abraham Lincoln once said – “The dogmas of the quiet past are inadequate to the stormy present … As our case is new, so we must think anew and act anew.” Change is absolutely necessary. We can not continue business as usual. We must think anew and act anew. To lift Rhode Island out of this recession, we have to get Rhode Islanders back to work. We have an enormous amount of talented people who have lost their jobs and some are leaving Rhode Island for good because they can’t find work. It is my top priority to make sure

H.J. -- 23 JOURNAL Thursday, February 11, 2010

that Rhode Island can attract high quality jobs and train its workers so they have the skills to succeed. I am excited that today Keith Stokes has been confirmed by the Senate as the new Economic Development Corporation director and I have faith that his leadership will point our state in the right direction. It is also time to help our small businesses succeed and grow. They are the backbone of our economy and we must both reduce the red tape that businesses encounter and provide access to the capital that is their lifeline. We will look closely at making more tax credits available to those small businesses that create jobs, and explore ideas to make our tax structure more small business friendly. Over the past year, leaders from throughout Rhode Island have been working together on the 21st Century Workforce Commission to make certain that the Community College of Rhode Island is at the forefront of providing Rhode Islanders with the skills they need to compete. I look forward to continuing to focus on this important effort. Long term, a strong public education system is the key to making more jobs available. I am a proud graduate of the Providence public school system and Rhode Island College. In recent years, I have worked with my colleagues studying the critical issue of a fair and equitable funding formula. The time to act is now – this session! We must work together to resolve our state’s budget difficulties on a short-term – and more importantly, on a long-term basis. There are no easy decisions. I call on my fellow state officials to work cooperatively with municipal government and labor leaders to seek solutions to these vexing issues. We can not be too entrenched in our positions – and we must all give a little to get our state back on track. It is time to act by consolidating services within state government and within our cities and towns that make financial sense and will end duplication. I will continue to assist Mayors Cicilline, Lombardi, Fung, Avedisian, McKee and many others to make our municipalities run as efficiently as possible. Bolstering our economy, creating jobs through a better educated and trained workforce, and enacting a responsible and balanced budget will be our priorities of this session. We must be mindful that it is important to restore the public trust in this institution, and indeed the public trust of their elected officials. In that regard, actions speak louder than words. I ask this House to pass the ethics legislation that I introduced last week that allows the voters to restore the authority and power of the Rhode Island Ethics Commission this November. As Speaker, I am also committed to making changes and improvements within the walls of this building. We will create more efficient and streamlined procedures within the House staff structure to better serve our constituents’ needs and to do the people’s business. I ask you to join me today in a spirit of cooperation. I will be working throughout the upcoming recess and my door will be open to you as it will be throughout my tenure as speaker. Rhode Island is a wonderful state, and by working together, we can make it better. Let’s all do our part to help our state reach the potential that we know exists by improving our economy and our educational capabilities. We must think anew and act anew. I will always strive to serve you with honor and distinction. Thank you.