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 sixteen. Volume 143, No. 43 Tuesday, April 26, 2016 Forty-third Day The House of Representatives meets at the State House in Providence, Tuesday, April 26, 2016 and is called to order at 4:33 o clock P.M., by the Honorable Nicholas A. Mattiello, Speaker. The roll is called and a quorum is declared present with 69 members present and 6 members absent as follows: PRESENT 69: The Honorable Speaker Mattiello and Representatives Abney, Ackerman, Ajello, Almeida, Amore, Azzinaro, Barros, Bennett, Blazejewski, Canario, Carson, Casey, Chippendale, Corvese, Costa, Costantino, Craven, DeSimone, Diaz, Edwards, Fellela, Filippi, Fogarty, Gallison, Giarrusso, Handy, Hull, Jacquard, Johnston, Kazarian, Keable, Kennedy, Lancia, Lima, Lombardi, MacBeth, Maldonado, Malik, Marcello, Marshall, McEntee, McLaughlin, McNamara, Melo, Messier, Morgan, Morin, Nardolillo, Naughton, Newberry, Nunes, O'Grady, Phillips, Price, Regunberg, Reilly, Roberts, Ruggiero, Serpa, Shekarchi, Slater, Solomon, Tanzi, Tobon, Trillo, Ucci, Williams, Winfield ABSENT 6: Representatives Carnevale, Coughlin, Hearn, McKiernan, O Brien, Palangio. INVOCATION The Honorable Speaker presents Representative Phillips 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 Thursday, April 14, 2016, is approved.
H.J. -- 2 JOURNAL Tuesday, April 26, 2016 REPORT OF COMMITTEE TRANSFER OF BILL Representative Shekarchi, for the Committee on Labor, reports back the following measure, with recommendation of transfer to the Committee on Finance:
H.J. -- 3 JOURNAL Tuesday, April 26, 2016 House Bill No. 7327 BY Malik, Azzinaro, Hull, Bennett, Naughton ENTITLED, AN ACT RELATING TO MOTOR AND OTHER VEHICLES -- REGISTRATION OF VEHICLES (Increases the automobile and commercial vehicle gross weight limitations for the purposes of the special motor vehicle registration plate available to active and retired firefighters.) {LC4123/1} 04/26/2016 Committee transferred to House Finance From the Calendar are taken: IN ORDER FOR TUESDAY, APRIL 26, 2016: CALENDAR 1. 2016-H 7551 BY DeSimone ENTITLED, AN ACT RELATING TO TOWNS AND CITIES - INDEBTEDNESS OF TOWNS AND CITIES Committee on Finance recommends passage. Representative Gallison moves passage of the act, seconded by Representatives Malik, Corvese, Slater, Tobon, Kazarian, and Marshall. Read and passed, on a roll call vote, 54 members voting in the affirmative and 13 members voting in the negative as follows. YEAS - 54: The Honorable Speaker Mattiello and Representatives Abney, Ackerman, Ajello, Almeida, Amore, Azzinaro, Barros, Bennett, Blazejewski, Canario, Carson, Casey, Corvese, Costantino, Craven, DeSimone, Diaz, Edwards, Fellela, Fogarty, Gallison, Handy, Hull, Johnston, Kazarian, Keable, Kennedy, Lima, Lombardi, Maldonado, Malik, Marcello, Marshall, McEntee, McLaughlin, McNamara, Melo, Messier, Morin, Naughton, O'Grady, Phillips, Regunberg, Ruggiero, Serpa, Shekarchi, Slater, Solomon, Tanzi, Tobon, Ucci, Williams, Winfield. NAYS - 13: Representatives Chippendale, Costa, Filippi, Giarrusso, Lancia, MacBeth, Morgan, Nardolillo, Newberry, Price, Reilly, Roberts, Trillo. RECUSED - 0: 2. 2016-H 7196 SUB A BY Blazejewski ENTITLED, AN ACT RELATING TO PROPERTY -- CONSERVATION AND PRESERVATION RESTRICTIONS ON REAL PROPERTY Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute A.
H.J. -- 4 JOURNAL Tuesday, April 26, 2016 Representative Keable moves passage of the act, seconded by Representatives Solomon, Kazarian, Ajello, and Marshall. The bill marked Substitute A is read and passed, and the original bill indefinitely postponed, on a roll call vote, 54 members voting in the affirmative and 13 members voting in the negative as follows. YEAS - 54: The Honorable Speaker Mattiello and Representatives Abney, Ackerman, Ajello, Almeida, Amore, Azzinaro, Barros, Bennett, Blazejewski, Canario, Carson, Casey, Corvese, Costantino, Craven, DeSimone, Diaz, Edwards, Fellela, Fogarty, Gallison, Handy, Hull, Johnston, Kazarian, Keable, Kennedy, Lima, Lombardi, Maldonado, Malik, Marcello, Marshall, McEntee, McLaughlin, McNamara, Melo, Messier, Morin, Naughton, O'Grady, Phillips, Regunberg, Ruggiero, Serpa, Shekarchi, Slater, Solomon, Tanzi, Tobon, Ucci, Williams, Winfield. NAYS - 13: Representatives Chippendale, Costa, Filippi, Giarrusso, Lancia, MacBeth, Morgan, Nardolillo, Newberry, Price, Reilly, Roberts, Trillo. RECUSED - 0: 3. 2016-H 7868 BY Craven ENTITLED, AN ACT RELATING TO BUSINESSES AND PROFESSIONS -- COMMERCIAL WATER FILTRATION/TREATMENT SYSTEM CONTRACTORS Committee on Corporations recommends passage. Representative Kennedy moves passage of the act, seconded by Representatives Phillips, Nardolillo, Price, McLaughlin, McEntee, Carson, and Trillo. By unanimous consent, Representative Kennedy, seconded by Leader DeSimone offers a written motion to amend. FLOOR AMENDMENT TO 2016 -- H 7868 AN ACT RELATING TO BUSINESSES AND PROFESSIONS -- COMMERCIAL WATER FILTRATION/TREATMENT SYSTEM CONTRACTORS Mr. Speaker: I hereby move to amend 2016 -- H 7868, entitled AN ACT RELATING TO BUSINESSES AND PROFESSIONS -- COMMERCIAL WATER FILTRATION/TREATMENT SYSTEM CONTRACTORS, as follows: 1. On page 3, line 31, by inserting the language "system" after the language "filtration/treatment". 2. On page 3, line 33, by inserting the language "system" before the language "installer's". 3. On page 4, line 1, by inserting the language "system" after the language "filtration/treatment". 4. On page 10, line 27, by inserting the language "/treatment" after the language "filtration". 5. On page 11, line 2, by inserting the language "/treatment" after the language "filtration".
H.J. -- 5 JOURNAL Tuesday, April 26, 2016 6. On page 13, line 32, by inserting the language "water" before the language "filtration/treatment". ======== LC004989/2 ======== Respectfully submitted, Representative Kennedy Representative Kennedy discusses the amendment. The motion to amend prevails on a roll call vote 68 members voting in the affirmative and 0 members voting in the negative as follows: YEAS - 68: The Honorable Speaker Mattiello and Representatives Abney, Ackerman, Ajello, Almeida, Amore, Azzinaro, Barros, Bennett, Blazejewski, Canario, Carson, Casey, Chippendale, Corvese, Costa, Costantino, Craven, DeSimone, Diaz, Edwards, Fellela, Filippi, Fogarty, Gallison, Giarrusso, Handy, Hull, Johnston, Kazarian, Keable, Kennedy, Lancia, Lima, Lombardi, MacBeth, Maldonado, Malik, Marcello, Marshall, McEntee, McLaughlin, McNamara, Melo, Messier, Morgan, Morin, Nardolillo, Naughton, Newberry, Nunes, O'Grady, Phillips, Price, Regunberg, Reilly, Roberts, Ruggiero, Serpa, Shekarchi, Slater, Solomon, Tanzi, Tobon, Trillo, Ucci, Williams, Winfield. NAYS - 0: RECUSED - 0: Representatives Filippi and Kennedy discuss the act, as amended. Read and passed, as amended, on a roll call vote, 64 members voting in the affirmative and 4 members voting in the negative as follows. YEAS - 64: The Honorable Speaker Mattiello and Representatives Abney, Ackerman, Ajello, Almeida, Amore, Azzinaro, Barros, Bennett, Blazejewski, Canario, Carson, Casey, Chippendale, Corvese, Craven, DeSimone, Diaz, Edwards, Fellela, Fogarty, Gallison, Handy, Hull, Jacquard, Johnston, Kazarian, Keable, Kennedy, Lancia, Lima, Lombardi, MacBeth, Maldonado, Malik, Marcello, Marshall, McEntee, McLaughlin, McNamara, Melo, Messier, Morin, Nardolillo, Naughton, Newberry, Nunes, O'Grady, Phillips, Price, Regunberg, Reilly, Roberts, Ruggiero, Serpa, Shekarchi, Slater, Solomon, Tanzi, Tobon, Trillo, Ucci, Williams, Winfield. NAYS - 4: Representatives Costa, Filippi, Giarrusso, Morgan. RECUSED - 0: From the Consent Calendar are taken: CONSENT CALENDAR
H.J. -- 6 JOURNAL Tuesday, April 26, 2016 IN ORDER FOR TUESDAY, APRIL 26, 2016: 1. 2016-H 8033 BY Giarrusso ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES Committee on Judiciary recommends passage. 2. 2016-S 2720 BY Goldin ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES Committee on Judiciary recommends passage in concurrence. 3. 2016-S 2766 BY Morgan ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES Committee on Judiciary recommends passage in concurrence. Read and passed, items 2 & 3 in concurrence, on a motion of Majority Leader DeSimone, seconded by Minority Leader Newberry, on a roll call vote, 63 members voting in the affirmative and 5 members voting in the negative as follows: YEAS - 63: The Honorable Speaker Mattiello and Representatives Abney, Ackerman, Ajello, Almeida, Amore, Barros, Bennett, Blazejewski, Canario, Carson, Casey, Chippendale, Costa, Costantino, Craven, DeSimone, Diaz, Edwards, Fellela, Filippi, Fogarty, Gallison, Giarrusso, Handy, Hull, Jacquard, Johnston, Kazarian, Keable, Kennedy, Lima, Lombardi, MacBeth, Maldonado, Malik, Marcello, Marshall, McEntee, McLaughlin, McNamara, Melo, Messier, Morgan, Morin, Nardolillo, Naughton, Newberry, Nunes, O'Grady, Regunberg, Reilly, Ruggiero, Serpa, Shekarchi, Slater, Solomon, Tanzi, Tobon, Trillo, Ucci, Williams, Winfield. NAYS - 5: Representatives Azzinaro, Corvese, Phillips, Price, Roberts. RECUSED - 0: GUESTS Representative Costantino welcome to the House as guests Davies Vocational School who are the winners of a culinary competition and will represent RI in the National Restaurant Competition in Texas as follows: Carmen A. Fernandez, Casey Torres, Avia Payne, Zurisadai Avila-Sosa, Lorena A. Rodriguez, Elise Calhoun, Caroline Velasquez, and Gabriella Fagundes, along with their instructors Pete Fangullio, Amy Hitzemann, Santos Nieves, Fallon Masterson, Catherine Rickert and Dale Venturini-RI Hospitality Association. Speaker Mattiello welcomes them to the House and wishes them good luck in the National Competition.
H.J. -- 7 JOURNAL Tuesday, April 26, 2016 Representative Blazejewski announces Rhode Island Housing had its Partners in Housing Awards Program and congratulates Representative Keable on receiving the Partners in Housing Champion Award and Senator Juan Pichardo on receiving the Housing Champion Award; from Coastway Community Bank-the Participating Lender Award, represented by Suzanne Fry and William White; The late Joseph Caffey-Lifetime Achievement Award, represented by JoAnn McDowell, Joe Caffey, Jr., Keila Caffey; along with Michael Milito-Public Service Award for his work as General Counsel at RI Housing, joined by his family members and friends. Representative Keable and on behalf of Leader Newberry welcomes Commander Raymond Trinque, Allied Veterans. Representative MacBeth welcomes to the Chamber from the Epilepsy Foundation- William Murphy- Director of Advocacy and Public Policy, Jacob Parente, Robbie Thorp, Lisa Batt-Parente, Lisa Phillips and Mary Ann Kossak. ANNOUNCEMENT Representative Keable announces that the Committee on Judiciary will meet today, at the rise of the House, in Room 101 of the State House. NEW BUSINESS House Resolution No. 8093 BY MacBeth, Edwards, Corvese, Azzinaro, McNamara ENTITLED, HOUSE RESOLUTION PROCLAIMING APRIL 16, 2016, AS "EPILEPSY AWARENESS DAY" {LC5801/1} With the agreement of the majority and the minority, Representative MacBeth requests unanimous consent for immediate consideration. There is no objection. Read and passed, on a motion of Representative MacBeth seconded by Representatives Edwards, Corvese, Azzinaro, McNamara, Giarrusso, Roberts, Nardolillo, Barros, Abney, Filippi, Kazarian, Solomon, Casey, Keable, Johnston, Blazejewski, Lancia, Naughton, Trillo and the entire House of Representatives by unanimous consent, on a voice vote. By unanimous consent, the House returns to: GUESTS Representative Roberts welcomes to the Chamber from Tin Man Ministries-Holly Otten, (founder of the organization to help bring healing to victims of sexual abuse and human trafficking) along with Kit Clapp.
H.J. -- 8 JOURNAL Tuesday, April 26, 2016 Representative Ucci welcomes Zoe Kunegel a foreign exchange student from Dubai, Johnston Town Council President, Robert Russo and Sophie Russo (host family) to the House. Speaker Mattiello also welcomes Councilman Russo, Sophie and Zoe to the Chamber. By unanimous consent, the House returns to: NEW BUSINESS House Resolution No. 8094 BY DeSimone, Newberry ENTITLED, HOUSE RESOLUTION EXTENDING CONGRATULATIONS {LC5782/1} Leader DeSimone requests unanimous consent for immediate consideration. There is no objection. Read and passed, on a motion of Leader DeSimone seconded by Leader Newberry by unanimous consent, on a voice vote. House Resolution No. 8095 BY DeSimone, Newberry ENTITLED, HOUSE RESOLUTION EXTENDING CONDOLENCES {LC5783/1} Leader DeSimone requests unanimous consent for immediate consideration. There is no objection. Read and passed, on a motion of Leader DeSimone seconded by Leader Newberry by unanimous consent, on a rising vote. By unanimous consent, the House returns to: ANNOUNCEMENTS Representative Naughton and Speaker Mattiello wish Representative Edith Ajello a Happy Birthday. Representative McLaughlin congratulates his son-in-law, Jay Tutwilder who finished his training at Fort Benning, Georgia. Speaker Mattiello wishes him Good Luck. Representative Kennedy announces that the Committee on Corporations will meet today, at the rise of the House, in Room 203 of the State House. RULE 7D The following bills were announced pursuant to Rule 7D: Representative Jacquard-An Act relating to Public Offices and Employees
H.J. -- 9 JOURNAL Tuesday, April 26, 2016 Representative Barros-An Act relating to Education Representative Handy-An Act relating to State Buildings By unanimous consent, the House returns to: NEW BUSINESS House Resolution No. 8096 BY Serpa, Nunes, Morgan, Kennedy, Solomon ENTITLED, HOUSE RESOLUTION EXPRESSING CONDOLENCES TO THE IANNITTI FAMILY ON THE PASSING OF THOMAS V. "TOM" IANNITTI {LC5780/1} With the agreement of the majority and the minority, Representative Serpa requests unanimous consent for immediate consideration. There is no objection. Read and passed, on a motion of Representative Serpa seconded by Representatives Morgan and Nunes by unanimous consent, on a rising vote. House Resolution No. 8097 BY Serpa, Fellela, Kennedy, Solomon, Johnston ENTITLED, HOUSE RESOLUTION COMMENDING THE PINK HEALS TOUR ORGANIZATION FOR BRINGING HOPE AND LOVE TO WOMEN BATTLING CANCER {LC5781/1} With the agreement of the majority and the minority, Representative Serpa requests unanimous consent for immediate consideration. There is no objection. Read and passed, on a motion of Representative Serpa seconded by Representatives Fellela, Morin, Casey, and Abney by unanimous consent, on a voice vote. By unanimous consent, the House returns to: ANNOUNCEMENT Representative Marshall announces there will be a Deputy Leaders meeting on Thursday, April 28 th at 3:15 o clock, in Room 320 of the State House. By unanimous consent, the House returns to:
H.J. -- 10 JOURNAL Tuesday, April 26, 2016 NEW BUSINESS House Resolution No. 8098 BY Ruggiero, Abney, Malik, DeSimone, Mattiello ENTITLED, HOUSE RESOLUTION EXTENDING CONDOLENCES ON THE PASSING OF THE HONORABLE GEORGE R. LEVESQUE {LC5784/1} With the agreement of the majority and the minority, Representative Ruggiero requests unanimous consent for immediate consideration. There is no objection. Read and passed, on a motion of Representative Ruggiero seconded by Representatives Abney, Malik, Leader DeSimone, Speaker Mattiello, and Representative Reilly by unanimous consent, on a rising vote. TRANSMITTAL By unanimous consent, all matters on the clerk s desk are ordered to be transmitted to Her Excellency, the Governor, to the Honorable Secretary of State, and the Honorable Senate forthwith. (For Transmittals to Governor, see Appendix of this Journal.) REPORT OF COMMITTEE COMMITTEE ON JUDICIARY Representative Keable, for the Committee on Judiciary, reports back the following measure, with recommendation of passage: House Bill No. 7832 (General Treasurer) BY McEntee, Craven, Lombardi, O'Brien, McKiernan ENTITLED, AN ACT RELATING TO PROBATE PRACTICE AND PROCEDURE -- UNCLAIMED INTANGIBLE AND TANGIBLE PROPERTY (Specifies the procedure for the escheat of unclaimed United States savings bonds.) {LC4092/1} 04/26/2016 Placed on House Calendar (04/28/2016) ADJOURNMENT At 5:09 o clock P.M. on motion of Representative Ucci, and as a further mark of respect to the memory of Mary Tanzi; on motion of Representative Serpa and as a further mark of respect to the memory of Thomas V. Iannitti; on motion of Representative Casey, and as a further mark of respect to the memory of Gertrude Rondeau; on motion of Representative Ruggiero, and as a further mark of respect to the memory of former Representative George Levesque seconded by Majority Leader DeSimone and Minority Leader Newberry the House adjourns, on a unanimous rising vote. Linda M. McElroy Recording Clerk
H.J. -- 11 JOURNAL Tuesday, April 26, 2016 APPENDIX INVOCATION REPRESENTATIVE ROBERT D. PHILLIPS Dear God: We ask you today to bless us as we return from our recess. Help us to meet the challenges we face with new ideas and new approaches. Let us renew our commitment to solving the problems we face with grace, honesty, and humility. Amen.
H.J. -- 12 JOURNAL Tuesday, April 26, 2016 APPENDIX TRANSMITTED TO THE GOVERNOR Senate Bill No. 2720 BY Goldin ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES (Allows Christine Elyse Keller to join Ryan M. Farrenkopf and Jayce M. Diaz in marriage on or about September 3, 2016, within the City of East Providence, Rhode Island.) {LC5298/1} 04/26/2016 Transmitted to Governor Senate Bill No. 2766 BY Morgan, Algiere ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES (Allows Elizabeth Ann Walsh to join Jennifer Dunphy and Aubrey Dante in marriage on or about June 4, 2016, within the Town of Charlestown, Rhode Island.) {LC5402/1} 04/26/2016 Transmitted to Governor
H.J. -- 13 JOURNAL Tuesday, April 26, 2016 APPENDIX CALENDAR IN ORDER FOR WEDNESDAY, APRIL 27, 2016: 1. 2016-H 7834 SUB A BY Edwards ENTITLED, AN ACT RELATING TO HEALTH AND SAFETY - INDUSTRIAL PROPERTY REMEDIATION AND REUSE ACT Committee on Municipal Government recommends indefinite postponement of the original bill and passage of Substitute A. 2. 2016-H 7299 SUB A BY Canario ENTITLED, HOUSE RESOLUTION CREATING A SPECIAL LEGISLATIVE COMMISSION TO STUDY STREAMLINING NEW BUSINESS STARTUP PROCESSES Committee on Small Business recommends indefinite postponement of the original bill and passage of Substitute A. 3. 2016-H 7696 SUB A BY Fogarty ENTITLED, AN ACT RELATING TO TOWNS AND CITIES -- RHODE ISLAND COMPREHENSIVE PLANNING AND LAND USE ACT Committee on Municipal Government recommends indefinite postponement of the original bill and passage of Substitute A. 4. 2016-S 2861 BY Ruggerio ENTITLED, AN ACT TO VACATE THE FORFEITURE OR REVOCATION OF THE CHARTER OF ATLANTIC CIGAR CO. L.L.C. Committee on Corporations recommends passage in concurrence. IN ORDER FOR THURSDAY, APRIL 28, 2016: 1. 2016-H 7869 BY Craven ENTITLED, AN ACT RELATING TO BUSINESSES AND PROFESSIONS - RHODE ISLAND WELL DRILLING CONTRACTORS LICENSING LAW Committee on Corporations recommends passage.
H.J. -- 14 JOURNAL Tuesday, April 26, 2016 2. 2016-H 7832 BY McEntee ENTITLED, AN ACT RELATING TO PROBATE PRACTICE AND PROCEDURE -- UNCLAIMED INTANGIBLE AND TANGIBLE PROPERTY Committee on Judiciary recommends passage. 3. 2016-S 2860 BY Ciccone ENTITLED, AN ACT TO VACATE THE FORFEITURE OR REVOCATION OF THE CHARTER OF SILVER LAKE PIZZA, INC. Committee on Corporations recommends passage in concurrence. Friday, April 15, 2016 Updated: Tuesday, April 26, 2016 Francis McCabe Clerk of the House