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 fourth day of January in the year of Our Lord two thousand and eleven. Volume 138, No. 5 Tuesday, January 18, 2011 Fifth Day The House of Representatives meets at the State House in Providence, Tuesday, January 18, 2011 and is called to order at 4:11 o clock P.M., by the Honorable Gordon D. Fox, 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 Fox and Representatives Ajello, Azzinaro, Baldelli-Hunt, Bennett, Blazejewski, Brien, Carnevale, Chippendale, Cimini, Coderre, Corvese, Costa, DaSilva, DeSimone, Diaz, Dickinson, Edwards, Ehrhardt, Fellela, Ferri, Flaherty, Gallison, Gordon, Guthrie, Handy, Hearn, Hull, Jackson, Jacquard, Johnston, Kennedy, Lally, MacBeth, Malik, Martin, Mattiello, McLaughlin, McNamara, Medina, Melo, Menard, Messier, Morgan, Morrison, Naughton, Newberry, Nunes, O'Grady, O'Neill, Palumbo, Petrarca, Phillips, Reilly, Ruggiero, San Bento, Savage, Serpa, Silva, Slater, Tanzi, Tarro, Tomasso, Trillo, Ucci, Valencia, Walsh, Watson, Williams. ABSENT - 6: Representatives Keable, Lima, Marcello, McCauley, Schadone, 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, January 11, 2011 is approved as printed.
H.J. -- 2 JOURNAL Tuesday, January 18, 2011 APPOINTMENTS January 18, 2011 I hereby make the following appointments to the: HOUSE COMMITTEE ON VETERANS` AFFAIRS ` Representative Peter Martin Representative Karen MacBeth Received and placed on file. NEW BUSINESS House Bill No. 5026 BY Fellela, Serpa, Malik, Cimini, Carnevale ENTITLED, AN ACT RELATING TO FINANCIAL INSTITUTIONS -- LICENSED ACTIVITIES (would prohibit financial institutions from charging fees or requiring fingerprinting for the cashing of checks from existing accounts) {LC13/1} 01/18/2011 Introduced, referred to House Corporations House Bill No. 5027 BY Brien, Corvese, Savage, Phillips, Azzinaro ENTITLED, AN ACT RELATING TO HEALTH AND SAFETY -- ABORTION (would prohibit any woman from being forced to have an abortion against her will, and would provide a cause of action in tort for the wrongful death of said unborn child.) {LC264/1} House Bill No. 5028 BY Brien, Corvese, Savage, Palumbo, Phillips ENTITLED, AN ACT RELATING TO CRIMINAL OFFENSES (would make assault on a pregnant woman which causes her to suffer a miscarriage or stillbirth punishable by up to thirty years imprisonment, and life imprisonment if the fetus is 12 weeks or older) {LC257/1} House Bill No. 5029 BY Brien, Corvese, Savage, Phillips, Azzinaro ENTITLED, AN ACT RELATING TO HEALTH AND SAFETY -- UNBORN VICTIMS OF VIOLENCE ACT (would define and impose penalties for acts of violence upon an unborn child) {LC265/1}
H.J. -- 3 JOURNAL Tuesday, January 18, 2011 House Bill No. 5030 BY Walsh, Valencia, Azzinaro, Kennedy ENTITLED, AN ACT RELATING TO ELECTIONS - CHARIHO REGIONAL SCHOOL DISTRICT (would require that the Chariho Regional School District and all schools in that district would remain open during primary election day) {LC67/1} House Bill No. 5031 BY Edwards, Slater, Ferri, Newberry, Williams ENTITLED, AN ACT RELATING TO FOOD AND DRUGS -- CONTROLLED SUBSTANCES--MARIJUANA (would decriminalize the possession of less than one ounce (1 oz.) of marijuana, and impose a civil penalty of one hundred fifty dollars) {LC9/1} House Bill No. 5032 BY DaSilva, Johnston, Hull ENTITLED, AN ACT RELATING TO PROPERTY -- THE RHODE ISLAND LANDLORD AND TENANT ACT (would provide for indemnification of landlords of tenants engaged in cultivating medical marijuana for any claims arising out of the medical marijuana's cultivation) {LC307/1} House Bill No. 5033 BY DaSilva, Johnston, Keable, Azzinaro, Marcello ENTITLED, AN ACT RELATING TO CRIMINAL OFFENSES -- HOMICIDE (would enhance the penalty for a person convicted of first-degree murder of a state or municipal elected official by allowing the court to order that said person not be eligible for parole from imprisonment) {LC322/1} House Bill No. 5034 BY DaSilva, Johnston, Keable ENTITLED, AN ACT RELATING TO CRIMINAL OFFENSES - ASSAULTS (would provide enhanced penalties for assaults on state and municipal elected officials) {LC321/1} House Bill No. 5035 BY DaSilva, Johnston, Flaherty, McCauley, Keable ENTITLED, AN ACT RELATING TO PUBLIC RECORDS -- ACCESS TO PUBLIC RECORDS (would require individual employment contracts of public employees to be made part of the public recor) {LC287/1}
H.J. -- 4 JOURNAL Tuesday, January 18, 2011 House Bill No. 5036 BY DaSilva ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES (Christopher Danforth to join Laruen Canestrari and Benjamin Lamanna in marriage within the City of East Providence, Rhode Island, on or about November 5, 2011.) {LC348/1} House Bill No. 5037 BY Martin ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES (Sara Szado to join Maura Paton and Peter Chlebus in marriage within the City of Newport, Rhode Island, on or about May 2, 2011) {LC251/1} House Bill No. 5038 BY Martin ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES (Jane Crosscup to join Alycia Marie Griffith and Adam John Noble in marriage within the City of Newport, Rhode Island, on or about September 2, 2011) {LC263/1} House Bill No. 5039 BY Martin ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES (Edith Mueller to join Sarah Ruth Thoensen and Cory Mitchell Saunders in marriage within the City of Newport, Rhode Island, on or about September 24, 2011.) {LC323/1} House Bill No. 5040 BY DaSilva, Johnston, Hull, Brien ENTITLED, AN ACT RELATING TO PROPERTY - THE RHODE ISLAND FAIR HOUSING PRACTICES ACT (would provide that a landlord does not have to lease a dwelling to persons who either cultivate or intend to cultivate medical marijuana on leased premises) {LC309/1} House Bill No. 5041 BY McNamara, Savage, Malik, Gallison, Azzinaro ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS - EMPLOYMENT SECURITY - RETURN TO WORK ACT (would establish a return to work program, to be administered by the department of labor and training, to assist unemployed Rhode Islanders in obtaining new job skills and in securing new employment) {LC76/1} 01/18/2011 Introduced, referred to House Labor
H.J. -- 5 JOURNAL Tuesday, January 18, 2011 House Bill No. 5042 BY Edwards, Azzinaro, DaSilva, Newberry, Brien ENTITLED, AN ACT RELATING TO PUBLIC PROPERTY AND WORKS -- LABOR AND PAYMENT OF DEBTS BY CONTRACTORS (would require contractors and subcontractors who are awarded projects for public works contracts to furnish payroll records to the director of labor and training on a monthly basis, and to the awarding authority on a weekly basis.) {LC11/1} 01/18/2011 Introduced, referred to House Labor House Bill No. 5043 BY Palumbo, Trillo, Brien, Corvese, Malik ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- CONTROL OF ILLEGAL IMMIGRATION {LC210/1} 01/18/2011 Introduced, referred to House Labor House Bill No. 5044 BY Martin ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES (John Flynn to join Nicole T. Felici and Erick D. Nelson in marriage within the City of East Providence, Rhode Island, on or about July 2, 2011) {LC326/1} House Bill No. 5045 BY Keable, Chippendale, Winfield ENTITLED, AN ACT RELATING TO THE WEST GLOCESTER FIRE DISTRICT (would change the date of the annual meeting from the first Saturday in August to the third Saturday in June.) {LC1/1} 01/18/2011 Introduced, referred to House Municipal Government House Bill No. 5046 BY Marcello ENTITLED, AN ACT RELATING TO FURNISH THE CITY OF PROVIDENCE WITH A SUPPLY OF PURE WATER {LC126/1} 01/18/2011 Introduced, referred to House Municipal Government House Bill No. 5047 BY Edwards, Martin, Reilly, Gordon, Gallison ENTITLED, AN ACT RELATING TO GENERAL ASSEMBLY -- RENAMING THE NEW SAKONNET BRIDGE, AQUIDNECK ISLAND {LC341/1} 01/18/2011 Introduced, referred to House Municipal Government House Bill No. 5048 BY DaSilva, Johnston ENTITLED, AN ACT RELATING TO TAXATION -- PROPERTY PURCHASED AT FORECLOSURE (would permit cities and towns to freeze tax rates and valuations on property purchased at foreclosure and renovated within the existing size and footprint.) {LC308/1} 01/18/2011 Introduced, referred to House Municipal Government
H.J. -- 6 JOURNAL Tuesday, January 18, 2011 House Bill No. 5049 BY DaSilva, Johnston ENTITLED, AN ACT RELATING TO EDUCATION -- KINDERGARTEN (would provide an increase in the hours per day kindergarten students would be required to attend class) {LC284/1} 01/18/2011 Introduced, referred to House H.E.W. Representative Melo and Minority Leader Watson discuss the introduction of an act by the Department of Labor and Training. Representative Melo announces a hearing will be held on this act tomorrow. House Bill No. 5050 BY Melo, Silva, O`Neill JP, Mattiello ENTITLED, AN ACT APPROPRIATING MONEY FOR USE BY THE DEPARTMENT OF LABOR AND TRAINING FOR UNEMPLOYMENT COMPENSATION ADMINISTRATIVE EXPENSES {LC428/1} 01/18/2011 Introduced, referred to House Finance House Resolution No. 5051 BY Gallison, Morrison ENTITLED, HOUSE RESOLUTION HONORING JOHN F. MCKENNA FOR FIFTY YEARS OF OUTSTANDING SERVICE WITH THE DEFIANCE HOSE COMPANY NO. 1 {LC398/1} Representative Gallison requests unanimous consent for immediate consideration. There is no objection. Read and passed, on a motion of Representative Gallison seconded by Representative Morrison by unanimous consent, on a voice vote House Resolution No. 5052 BY Gallison, Morrison ENTITLED, HOUSE RESOLUTION HONORING RAYMOND CASTRO FOR FIFTY YEARS OF OUTSTANDING SERVICE WITH THE DEFIANCE HOSE COMPANY NO. 1 {LC400/1} Representative Gallison requests unanimous consent for immediate consideration. There is no objection. Read and passed, on a motion of Representative Gallison seconded by Representative Morrison by unanimous consent, on a voice vote
H.J. -- 7 JOURNAL Tuesday, January 18, 2011 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. GUESTS Representative Martin welcomes to the House Chamber as guests Ken Dooley, Father Bernard Healy and Father Bernie O Reilly. Representative Brien welcomes to the House as guests his daughters Juliana Brien and Gabriella Brien. ADJOURNMENT At 4:21 o clock P.M. on motion of Representative Guthrie, and as a further mark of respect to the memories of Tom Daley and former Representative Louis Richards; seconded by Representatives Mattiello and Watson the House adjourns, on a unanimous rising vote. Linda M. McElroy Recording Clerk
H.J. -- 8 JOURNAL Tuesday, January 18, 2011 APPENDIX INVOCATION REPRESENTATIVE DEBORAH A. FELLELA Dear God, As this legislative session unfolds, help us to cultivate the qualities of cooperativeness and understanding in our dealings with all our fellow members, that we may do the work we were sent here to do in the best possible way. Amen.