JOURNAL -OF THE- HOUSE OF REPRESENTATIVES

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1 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 first day of January in the year of Our Lord two thousand and thirteen. Volume 140, No. 52 Wednesday, May 15, 2013 Fifty-second Day The House of Representatives meets at the State House in Providence, Wednesday, May 15, 2013 and is called to order at 4:32 o clock P.M., by the Honorable Gordon D. Fox, Speaker. The roll is called and a quorum is declared present with 73 members present and 2 members absent as follows: PRESENT - 73: The Honorable Speaker Fox and Representatives Abney, Ackerman, Ajello, Almeida, Amore, Azzinaro, Baldelli-Hunt, Bennett, Blazejewski, Canario, Carnevale, Casey, Chippendale, Cimini, Coderre, Corvese, Costa, Costantino, Craven, 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, Morgan, Naughton, Newberry, Nunes, O'Brien, O'Neill, Palangio, Palumbo, Phillips, Ruggiero, San Bento, Serpa, Shekarchi, Silva, Slater, Tanzi, Tomasso, Trillo, Ucci, Valencia, Walsh, Williams, ABSENT - 2: Representatives O Grady, Winfield. INVOCATION The Honorable Speaker presents Representative Fellela 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, May 14, 2013 is approved.

2 H.J JOURNAL Wednesday, May 15, 2013 REPORTS OF COMMITTEE COMMITTEE ON LABOR Representative Williams, for the Committee on Labor, reports back the following measures, with recommendation of passage: House Bill No SUB A BY Shekarchi, Ackerman, Newberry, Phillips, McNamara ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS - EMPLOYMENT SECURITY - BENEFITS - UNEMPLOYMENT INSURANCE (would mandate the dept of labor & training develop a report that presents options for adjusting and creating state unemployment insurance laws regarding employees, employers, and industries of a seasonal nature, no later than December 1, 2013.) {LC2436/A/1} 05/15/2013 Placed on House Calendar House Bill No SUB A BY Ackerman, Shekarchi, Edwards, Kazarian, Abney ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS (would remove the prohibition on school committees from issuing work permits to children for employment in factories or mechanical or manufacturing establishments. Also direct the dept of labor to establish manufacturing standards for apprenticeship or tr) {LC2383/A/1} 05/15/2013 Placed on House Calendar RULE 7D The following bills were received pursuant to Rule 7D: Representative Walsh-An Act relating to Motor and Other Vehicles-Registration of Vehicles Representative Walsh-An Act relating to Businesses and Professions-Radiologic Technologists Representative Dickinson-An Act relating to Public Finance State Investment Commission Representative Azzinaro-An Act relating to State Affairs and Government-Health and Human Resources Representative Fellela-An Act relating to General Assembly NEW BUSINESS House Resolution No BY Naughton, McNamara, Azzinaro, Fellela, Slater ENTITLED, HOUSE RESOLUTION PROCLAIMING MAY 9, 2013, AS "RHODE ISLAND HOME CARE AND HOSPICE DAY" {LC2617/1}

3 H.J JOURNAL Wednesday, May 15, 2013 With the agreement of the majority and the minority, Representative Naughton requests unanimous consent for immediate consideration. There is no objection. Read and passed, on a motion of Representative Naughton seconded by Representatives McNamara, Azzinaro, Fellela, Slater, Shekarchi, Gallison, Lima, Ferri, Messier, Coderre, Valencia, Ackerman, Marcello, Hearn, Phillips, Tomasso, Giarrusso, Casey, Costantino, and Ruggiero by unanimous consent, on a voice vote. House Resolution No BY Martin, Gallison, Abney, Newberry, Fox ENTITLED, HOUSE RESOLUTION HONORING CAPTAIN LEWIS LOCKHART FOR HIS HEROISM DURING WORLD WAR II {LC2515/1} With the agreement of the majority and the minority, Representative Martin requests unanimous consent for immediate consideration. There is no objection. Read and passed, on a motion of Representative Martin seconded by Representatives Gallison, Abney, Newberry, Hull, Tomasso, McLaughlin, McNamara, Azzinaro, Ruggiero, Marshall, and O Brien by unanimous consent, on a voice vote. House Resolution No BY Handy, Martin, Tanzi, Ruggiero, Tomasso ENTITLED, HOUSE RESOLUTION PROCLAIMING MAY 13-17, 2013, AS "BIKE-TO- WORK WEEK" IN THE STATE OF RHODE ISLAND {LC2624/1} With the agreement of the majority and the minority, Representative Handy requests unanimous consent for immediate consideration. There is no objection. Read and passed, on a motion of Representative Handy seconded by Representatives Martin, Tanzi, Ruggiero, Tomasso, Phillips, and Cimini by unanimous consent, on a voice vote. From the Calendar are taken: CALENDAR IN ORDER FOR WEDNESDAY, MAY 15, 2013: H 5701 BY Winfield ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS --

4 H.J JOURNAL Wednesday, May 15, 2013 EMPLOYMENT SECURITY--GENERAL PROVISIONS Committee on Labor recommends passage. Read, and by unanimous consent, ordered to be placed on the Calendar for Thursday, May 16, H 5788 SUB A BY Cimini ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- HUMAN RESOURCE INVESTMENT COUNCIL Committee on Labor recommends indefinite postponement of the original bill and passage of Substitute A. Representative Williams moves passage of the act, seconded by Representatives Diaz, Coderre, Ferri, Keable, Giarrusso, Blazejewski, Abney, Almeida, Ruggiero, Tanzi, Valencia, Palangio, Walsh, Lombardi, Marshall, and Slater. The bill marked Substitute A is read and passed and the original bill indefinitely postponed, 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 Abney, Ackerman, Ajello, Almeida, Amore, Azzinaro, Baldelli-Hunt, Bennett, Blazejewski, Canario, Casey, Chippendale, Cimini, Coderre, Corvese, Costa, Costantino, Craven, DeSimone, Diaz, Edwards, Fellela, Ferri, Gallison, Giarrusso, Guthrie, Handy, Hearn, Hull, Johnston, Kazarian, Keable, Kennedy, Lally, Lima, Lombardi, MacBeth, Malik, Marcello, Marshall, Martin, Mattiello, McLaughlin, McNamara, Melo, Messier, Morgan, Naughton, Newberry, Nunes, O'Brien, O'Neill, Palangio, Palumbo, Phillips, Ruggiero, San Bento, Serpa, Shekarchi, Silva, Slater, Tanzi, Tomasso, Trillo, Ucci, Valencia, Walsh, Williams. NAYS - 0: H 5163 BY Martin ENTITLED, AN ACT RELATING TO ELECTIONS - NOMINATION OF PARTY AND INDEPENDENT CANDIDATES Committee on Judiciary recommends passage. Representative Ajello moves passage of the act, seconded by Representatives Blazejewski, Mattiello, and O Brien. Read and passed, on a roll call vote, 70 members voting in the affirmative and 1 member voting in the negative as follows:

5 H.J JOURNAL Wednesday, May 15, 2013 YEAS - 70: The Honorable Speaker Fox and Representatives Abney, Ackerman, Ajello, Almeida, Amore, Azzinaro, Baldelli-Hunt, Bennett, Blazejewski, Canario, Casey, Chippendale, Cimini, Coderre, Corvese, Costa, Costantino, Craven, DeSimone, Diaz, Dickinson, Edwards, Fellela, Ferri, Gallison, Giarrusso, Guthrie, Handy, Hearn, Hull, Jacquard, Johnston, Kazarian, Keable, Kennedy, Lally, Lima, Lombardi, Malik, Marcello, Marshall, Martin, Mattiello, McLaughlin, McNamara, Melo, Messier, Morgan, Naughton, Newberry, Nunes, O'Brien, O'Neill, Palangio, Palumbo, Phillips, Ruggiero, San Bento, Serpa, Shekarchi, Silva, Slater, Tanzi, Tomasso, Trillo, Ucci, Valencia, Walsh, Williams. NAYS - 1: Representative MacBeth H 5119 SUB A BY Malik ENTITLED, AN ACT RELATING TO MOTOR AND OTHER VEHICLES -- PARKING FACILITIES PRIVILEGES Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute A. Representative Ajello moves passage of the act, seconded by Representatives Coderre, Malik, McNamara, Blazejewski, Johnston, Guthrie, Corvese, Tanzi, Craven, Mattiello, Canario, Ruggiero, Almeida, Martin, Walsh, Bennett, Hull, Giarrusso, Morgan, Costantino, and Naughton. By unanimous consent, Representative Ajello, seconded by Representatives Mattiello and Malik offers a written motion to amend. FLOOR AMENDMENT TO H 5119 SUBSTITUTE A AN ACT RELATING TO MOTOR AND OTHER VEHICLES -- PARKING FACILITIES PRIVILEGES Mr. Speaker: I hereby move to amend H 5119 SUBSTITUTE A, entitled "AN ACT RELATING TO MOTOR AND OTHER VEHICLES -- PARKING FACILITIES PRIVILEGES", as follows: On page 1, line 15, by deleting the language "fourteen (14) days", and by inserting in place thereof the language "twenty-one (21) days". ======= LC00206/2 ======= Respectfully submitted, REPRESENTATIVE AJELLO

6 H.J JOURNAL Wednesday, May 15, 2013 Representative Ajello discusses the amendment. The motion to amend prevails 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 Abney, Ackerman, Ajello, Almeida, Amore, Azzinaro, Baldelli-Hunt, Bennett, Blazejewski, Canario, Casey, Cimini, Coderre, Corvese, Costa, Costantino, Craven, 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, Morgan, Naughton, Newberry, Nunes, O'Brien, O'Neill, Palangio, Palumbo, Phillips, Ruggiero, San Bento, Serpa, Shekarchi, Silva, Slater, Tanzi, Tomasso, Trillo, Ucci, Valencia, Walsh, Williams. NAYS - 0: Representatives Phillips and Ajello discuss the act, as amended. The bill marked Substitute A is read and passed, as amended, and the original bill indefinitely postponed, 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 Abney, Ackerman, Ajello, Almeida, Amore, Azzinaro, Baldelli-Hunt, Bennett, Blazejewski, Canario, Casey, Cimini, Coderre, Corvese, Costa, Costantino, Craven, 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, Morgan, Naughton, Newberry, Nunes, O'Brien, O'Neill, Palangio, Palumbo, Phillips, Ruggiero, San Bento, Serpa, Shekarchi, Silva, Slater, Tanzi, Tomasso, Trillo, Ucci, Valencia, Walsh, Williams. 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. ANNOUNCEMENTS Representative Diaz announces that the Committee on Health, Education and Welfare will meet at the rise of the House, in Room 135 of the State House. Representative Williams announces that the Committee on Labor will meet at the rise of the House, in Room 201 of the State House.

7 H.J JOURNAL Wednesday, May 15, 2013 Representative Handy recognizes Mr. Flath and announces he is here for the New England Green Energy Council Reception being held from 4:30 P.M.-6:30 P.M. in the Governor s State Room and invites all members. Representative Ajello announces that the Committee on Judiciary will not meet today at the rise of the House. Representative Melo announces that the Committee on Finance will meet at the rise of the House, in Room 35 of the State House. GUESTS Representatives Marshall and Bennett welcome to the House Chamber as a guest Mr. Jeff Flath, CEO/owner of ENow Technologies. Representative Abney welcomes to the House as guests Newport County Citizens to end homelessness: Mary Reynolds, Betsy Dees, Sally Hanchette, and Ann Delaney. ADJOURNMENT At 4:51 o clock P.M. on motion of Representative Mattiello seconded by Representative Newberry the House adjourns, on a voice vote. Linda M. McElroy Recording Clerk

8 H.J JOURNAL Wednesday, May 15, 2013 APPENDIX INVOCATION REPRESENTATIVE DEBORAH A. FELLELA Dear Lord: We thank you for giving us the opportunity to serve as public servants for this great state. As the days get longer, and the pressure of our legislative duties compete with our own personal lives, grant us the wisdom and patience to work together for the benefit of all our citizens. Amen.

9 H.J JOURNAL Wednesday, May 15, 2013 APPENDIX CALENDAR IN ORDER FOR THURSDAY, MAY 16, 2013: H 5701 BY Winfield ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- EMPLOYMENT SECURITY--GENERAL PROVISIONS Committee on Labor recommends passage H 5606 SUB A BY Messier ENTITLED, AN ACT RELATING TO INSURANCE Committee on Corporations recommends indefinite postponement of the original bill and passage of Substitute A H 6048 BY Winfield ENTITLED, AN ACT TO VACATE THE FORFEITURE OR REVOCATION OF THE CHARTER OF THE STAMP CONSTRUCTION CO. Committee on Corporations recommends passage H 5526 SUB A BY Edwards ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS - EMPLOYMENT SECURITY - BENEFITS Committee on Labor recommends indefinite postponement of the original bill and passage of Substitute A H 5700 BY Williams ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS - EMPLOYMENT SECURITY-CONTRIBUTIONS Committee on Labor recommends passage H 6010 SUB A BY Shekarchi ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS - PAYMENT OF WAGES

10 H.J JOURNAL Wednesday, May 15, 2013 Committee on Labor recommends indefinite postponement of the original bill and passage of Substitute A H 6030 BY O`Grady ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- MADE IN RHODE ISLAND MANUFACTURING COLLABORATIVE OF 2013 Committee on Small Business recommends passage S 891 BY Algiere ENTITLED, AN ACT TO VACATE THE FORFEITURE OR REVOCATION OF THE CHARTER OF THE AML PUBLICATIONS, INC. Committee on Corporations recommends passage in concurrence. IN ORDER FOR TUESDAY, MAY 21, 2013: H 5756 SUB A BY McNamara ENTITLED, AN ACT RELATING TO FOOD AND DRUGS - UNIFORM CONTROLLED SUBSTANCES ACT Committee on Health, Education & Welfare recommends indefinite postponement of the original bill and passage of Substitute A H 5817 SUB A BY Diaz ENTITLED, AN ACT RELATING TO MOTOR AND OTHER VEHICLES - MISCELLANEOUS RULES Committee on Health, Education & Welfare recommends indefinite postponement of the original bill and passage of Substitute A H 5848 SUB A BY Bennett ENTITLED, AN ACT RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND HOSPITALS - DEPARTMENT OF BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND HOSPITALS Committee on Health, Education & Welfare recommends indefinite postponement of the original bill and passage of Substitute A.

11 H.J JOURNAL Wednesday, May 15, H 5061 SUB A BY Corvese ENTITLED, AN ACT RELATING TO MOTOR AND OTHER VEHICLES -- PASSING, USING OF LANES, AND RULES OF THE ROAD Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute A H 6061 SUB A BY Shekarchi ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS - EMPLOYMENT SECURITY - BENEFITS - UNEMPLOYMENT INSURANCE Committee on Labor recommends indefinite postponement of the original bill and passage of Substitute A H 6062 SUB A BY Ackerman ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS Committee on Labor recommends indefinite postponement of the original bill and passage of Substitute A H 5085 SUB A BY Gallison ENTITLED, AN ACT RELATING TO INSURANCE - FRATERNAL CODE Committee on Veterans` Affairs recommends indefinite postponement of the original bill and passage of Substitute A. IN ORDER FOR WEDNESDAY, MAY 22, 2013: H 5445 SUB A BY McNamara ENTITLED, AN ACT RELATING TO HEALTH AND SAFETY - REGISTRATION OF MUSIC THERAPISTS Committee on Health, Education & Welfare recommends indefinite postponement of the original bill and passage of Substitute A. Wednesday, May 15, 2013 Francis McCabe Clerk of the House

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