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: 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. 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