Entries by Carroll Andrew Morse

Coming up in Committee: Twenty-Two Sets of Bills Scheduled to be Heard by the RI General Assembly, June 24 (Monday) – June 26


1. Three items from the “gun safety package”: {H5286/S0455} banning possession of firearms that have had their serial numbers removed; {H5991/S0860} making possession of a stolen firearm illegal, and increasing the penalty for using a firearm while committing a crime of violence; and {H5992/S0862} creating a “Behavioral Health and Firearms Safety Task Force”, i.e. a study commission. (H Judiciary; Mon, Jun 24 & S Judiciary; Tue, Jun 25)

2. H5205/S0041: Extends the current requirement that persons convicted of sexual and violent offenses provide DNA to be logged in a database, to a requirement that persons arrested for certain violent crimes or convicted of any felony do so. (H Judiciary; Mon, Jun 24)

3. S0992: Special exemption for the Providence Redevelopment Agency (but that strenuously avoids mentioning the agency by name) requiring that its permits for “new buildings for commercial or industrial uses contemplated by its redevelopment plan” be automatically granted. (H Municipal Government; Mon, Jun 24)

4. H5079 raises the minimum wage to eight dollars per hour and automatically increases it according to inflation, with an additional provision that it must always be $0.15 greater than the Federal minimum, while S0256 raises the minimum wage to eight dollars per hour, without the other provisions. (H Labor; Mon, Jun 24)

5. H6262: “State police, local police departments, and registry of motor vehicle enforcement personnel, upon observation of foreign registered vehicle present within the state for thirty (30) days or more shall identify the owner of the vehicle and, if a Rhode Island resident, provide a notice containing a copy of this section to the owner, and to the tax assessor in the city or town in which the vehicle is located”. (H Judiciary; Mon, Jun 24) Advocates for illegal immigrants and dealers of imported cars, don’t panic right away; I believe “foreign” in this context means from out-of-state.

Either Way, They Get Credit For Having Their Names on a Bill


It’s no secret that there is a problem at the Rhode Island General Assembly, with representatives not being given adequate time to read bills sponsored by other representatives before they have to vote on them. This week, the sudden withdrawal and resubmission of a Bristol County Water Authority bill suggests that legislators don’t always know what’s in bills they actually sponsor.

Coming up in Committee: Seventeen Sets of Bills Scheduled to be Heard by the RI General Assembly, June 18 – June 19


1. H5127: The state budget (details yet to be posted). (H Finance; Tue, Jun 18)

2. H5776: Repeal of voter ID (H Judiciary; Tue, Jun 18)

Update: Ian Donnis of Rhode Island Public Radio is reporting that an amended “compromise” bill will be introduced on Tuesday, that will require an ID, albeit an non-photo ID, to be shown at a polling place.

3. S0352: Repeals the June 30, 2013 sunset on the law that makes driving without wearing a seat belt a primary motor vehicle offense. (S Judiciary; Tue, Jun 18)

4. H6219: Allows the Bristol County Water Authority to foreclose on a property, if a renter fails to pay his or her water bill. (H Municipal Government; Tue, Jun 18)

5. H5386: Special property-rights for certain government-designated properties, that typical property owners do not share. (H Judiciary; Wed, Jun 19)

Renaming the EDC is not “Doing Away” With the EDC


The spokesman for Speaker of the House Gordon Fox says that economic development legislation passed by the Rhode Island House involves “a bold and aggressive plan to do away with the EDC”. If you read the bill, you will see that this is not true.

We’ve got a short summary of the EDC reform bill that helps make this clear.

Coming up in Committee: Twenty-Five Sets of Bills Scheduled to be Heard by the RI General Assembly, June 11 – June 13


1. H5365: Eliminates the sales, meals and beverage, and use tax in Rhode Island, beginning on October 1, 2013. (H Finance; Tue, Jun 11)

2. H5575/S0346: Joins Rhode Island to an interstate compact where the RI legislature would disregard the choice for President made by Rhode Island voters and allocate RI’s electoral votes to the winner of the national popular vote instead. (H Judiciary; Tue, Jun 11 & S Judiciary; Tue, Jun 11)

3. H6210/S0989: Prohibits tolls on the Sakonnet, Mount Hope and Jamestown Bridges, fixes the toll on the Newport Bridge at its current rate, transfers 23 other bridges to the control of the Rhode Island Bridge and Turnpike Authority, creates a “bridge maintenance fund” for maintaining the bridges, and pays for the fund with an increase in vehicle inspection fees, surplus motor vehicle insurance premium tax revenue, and several other sources. (H Finance; Tue, Jun 11 & S Finance; Thu, Jun 13)

4. H6063/H6067/H6069/H6070/H6071: The House’s “economic development package”, including creation of a Secretary of Commerce within the Governor’s office, while the Economic Development Corporation continues to exist, but is renamed the “Rhode Island Commerce Corporation”. (S Commerce; Tue, Jun 11)

5. H6131: Creates “parent choice scholarship awards” that will follow the child to “a public school outside of the resident school district, a charter school, magnet school, alternative school or a private school that provides education to elementary and/or secondary students”. (H Finance; Tue, Jun 11)

Coming up in Committee: Seventeen Sets of Bills to be Heard by the RI General Assembly, June 4 – June 6


1. S0968: A new set of regulations related to the state’s educational assessment program. (S Education; Wed, Jun 5).

2. H5365: Eliminates the sales, meals and beverage, and use tax in Rhode Island, beginning on October 1, 2013. (H Finance; Tue, Jun 4)

3. S0718: Renames the Economic Development Corporation as the Commerce Corporation, adds the chairperson of the governor’s workforce development board to the board of the renamed EDC (as the one member who can’t be removed by the Governor), enumerates “role[s] and responsibilities of board members”, requires the board to establish rules and guidelines for loan and loan guarantee programs, and requires an audit be conducted every three years.

This bill could become an opportunity for Republicans who believe that the EDC should be repealed to use the Frank Ciccone rule to hold a floor vote on the issue. (S Commerce; Tue, Jun 4)

4. S0828: Allows the General Treasurer to withhold non-education state aid from communities that do not make their full, actuarially determined pension fund payment in a given year. (S Finance; Tue, Jun 4)

5. H6161: Sets the term of office for all municipal elected officials at four years “unless the governing body of a municipality votes not to follow”. (H Judiciary; Tue, Jun 4)

Coming up in Committee: Twelve Sets of Bills to be Heard by the RI General Assembly, May 28 – May 30


1. S0246: Eliminates the sales, meals and beverage, and use tax in Rhode Island, beginning on October 1, 2013. (S Finance; Thu, May 30)

2. On Wednesday, May 29, the House Finance Committee will hear the House leadership’s “economic development package”. The major legislation in this package A) creates an undergovernor, to perform duties with respect to commerce that the Governor is unable to do or that he is uninterested in B) changes the name of the “Economic Development Corporation” to the “Rhode Island Commerce corporation” while leaving its quasi-public status and most of its powers untouched and C) directs the renamed Economic Development Corporation to “provide a concierge-level of call service…to assist businesses in navigating through the various permitting and regulatory requirements and to reduce obstacles to growth within the state”.

3. S0334: Legalizes (not just decriminalizes) “actually and constructively using, obtaining, purchasing, transporting, or possessing one ounce (1 oz.) or less of marijuana”. (S Judiciary; Tue, May 28)

Rhode Islanders Killed Serving in Afghanistan and Iraq

Coming up in Committee: Seventeen Sets of Bills to be Heard by the RI General Assembly, May 21 – May 23

1. S0266: Creates an “inspector general” position for the state of Rhode Island. I’ve been lukewarm to this kind of proposal in the past, but given how an Inspector General was critical in uncovering the political targeting done by the IRS, I am reconsidering. I do remain skeptical of the provisions that lay out specific qualifications for an IG, as there is a strong case to be made that top government positions should be open to everyone in a democratic republic. (S Finance; Tue, May 21)

2. H6098: Requires General Assembly ratification of rules promulgated by any state agency. Pre-ratification, regulations have “immediate effect”, but “permanent effect” does not occur until post-ratification. If this doesn’t mean that the legislature wants to reserve for itself the right to change administrative rules in special cases, without having to pass a law via the regular lawmaking process, then what does it mean? (H Judiciary; Tue, May 21)

3. S0312: Requires the school committee and town/city council of every community that would send students to a proposed mayoral academy to approve the mayoral academy’s charter school application. (S Education; Wed, May 22)

4. H6101:/H6111: Bills to allow Coventry fire districts (but really just the Central Coventry Fire District) to adopt a four-part property tax classification scheme, and to impose the previous year’s budget on taxpayers if the current year budget referendum fails. (H Municipal Government; Thu, May 23)

5. S0826: Authorizes cities and towns to enact separate tax rates for owner versus non-owner occupied residential properties. (S Finance; Tue, May 21)

The 2013 Edition of the Journal of Held for Further Study: Discharge Petitions and Democracy


The nature of a decision-making body is determined by who wins out when the majority of a body wants one thing while the leader, who is just a single member, wants something different. In a democratic process, you get one answer. In a dictatorial process, you get another. The rules of the Rhode Island House of Representatives have a process to protect what is supposed to be the democratic nature of the body, the discharge petition. Though they are rarely used, there is no reason why they shouldn’t be.

Coming up in Committee: Twenty Sets of Bills to be Heard by the RI General Assembly, May 14 – May 16


1. H5365: Eliminates the sales, meals and beverage, and use tax in Rhode Island, beginning on October 1, 2013. (H Finance; Wed, May 15)

2. H6060: Tax-credits for the “qualified rehabilitation expenditures for the substantial rehabilitation of a certified historic structure”, with at least two notable limitations: “the credit allowed pursuant to this chapter shall not exceed five million dollars ($5,000,000) for any certified rehabilitation project under this chapter” and “the aggregate credits authorized to be reserved pursuant to this chapter shall not exceed thirty million dollars ($30,000,000) annually”. (H Finance; Tue, May 14)

3. H5019: Repeals the banking laws that allow pay-day lending. Also, H5128 reduces the maximum “deferred deposit transaction” fee from 10% to 5% “of the funds advanced” (probably as an alternative to the full repeal of payday lending) (H Finance; Wed, May 15)

4. H6059: The General Treasurer’s plan (sponsored by Speaker Fox) to use the Rhode Island Clean Water Finance Agency to create and administer a state-funded “revolving loan” program “to make and enter into binding commitments to provide financial assistance to local cities and towns from amounts on deposit in the revolving fund” and “to enter into binding commitments to provide subsidy assistance for loans and city and town obligations from amounts on deposit in the revolving fund”, amongst other objectives. (H Finance; Tue, May 14)

5. S0826: Authorizes cities and towns to enact separate tax rates for owner versus non-owner occupied residential properties. (S Finance; Wed, May 15)

All Hail the Undergovernor!


Alternate Title: An Analysis of the Government Reorg that’s Supposed to Make RI a Better Place to do Business

Bottom Line: If Rhode Island’s technocratic elites and supposedly “pragmatic” policy advocates don’t believe that same-sex marriage and commuter rail to Wickford are sufficient cornerstones of a sound economic policy, they either need to change the mind of the leader promoting that strategy, or find a leader with a better economic development strategy to support. Creating an undergovernor to implement a set of priorities different from those held by the real governor isn’t the answer. Also: Who exactly is the constituency for keeping the Economic Development Corporation as is? This is a real question, that I’m not sure of the answer to.

Click here for the details of what’s in the proposals. Click here for the beginning of the analysis.

Coming up in Committee: Thirty-Two Sets of Bills to be Heard by the RI General Assembly, May 7 – May 9


1. Different ways to reorganize government, with the goal of improving the business climate in Rhode Island. (H Finance; Tue, May 7) However, the best bill for actually improving the business climate here in RI may actually be…

2. H5207: Creates a “Joint Committee of the Repealer” within the legislature, to recommend laws & regulations to be repealed. (H Judiciary; Thu, May 9)

3. A series of pro-life bills concerning abortion, banning abortions as a means of sex-selection, requiring the “voluntary and informed consent” of a woman seeking an abortion, requiring that an obstetric ultrasound be performed before informed consent can be given, and the addition of some specificity to the partial-birth abortion law. (H Judiciary; Wed, May 8)

4. S0768: The title of the bill is “Drivers license for foreign nationals”. The text of the bill makes no reference to illegal or legal immigration status, though it’s hard to see why a legal immigrant to Rhode Island would want the second-class driver’s license created by this bill, if he or she is eligible for a regular one… (S Judiciary; Tue, May 7)

Coming up in Committee: Fourteen Bills on the Right to Bear Arms Being Heard on Wednesday, May 1


At the House Judiciary Committee meeting on Wednesday, May 1, fourteen bills on gun control and the right to bear arms will be heard. Nine of them are part of the Governor’s/Attorney General’s/General Assembly Leadership’s “gun safety package”, another would create a $100 registration fee for firearms, three bills (with Republican lead sponsors) would limit the maintenance and release of information related to background checks, and a fourth Republican-sponsored bill would look into why Rhode Island doesn’t provide data to the national criminal background check system. A bill-by-bill breakdown is in the main body of the post.

Coming up in Committee: Twenty-Five Sets of Bills (Minus One) to be Heard by the RI General Assembly, April 30 – May 2


2. On Tuesday, April 30, the House Judiciary Committee will hear the same-sex marriage bill with improved (but not perfect) “protections for freedom of religion in marriage”.

3. S0029: Mandates state use of “data verification and provider screening technology solutions” and “state-of-the-art predictive modeling and analytics technologies in a pre-payment position within the healthcare claim workflow” to reduce Medicaid, RIte Care and RIte Share fraud and waste. (S Health and Human Services; Tue, Apr 30)

4. S0562: Establishes an electronic registry of previously uninsured motorists AND has the division of motor vehicle randomly pick names from the registry and require those selected to provide proof that they are now insured. (S Judiciary; Thu, May 2)

Also: Why progressives will favor big business over small businesses (#5), the latest plans for funding the I-195 commission (#12A) and maintenance of Rhode Island’s roads and bridges (#14), and a bill where some input from bona fide legal practitioners would be greatly appreciated (#21).

Notes on the Amended Same-Sex Marriage Bill Headed to the Senate Floor


Amendments to Rhode Island’s proposed same-sex marriage law will give its religious freedom provisions roughly the same scope as the laws in most other states that have authorized SSM by statute — except Rhode Island will still be the only state that dictates to “religious institutions” what they must do to retain “exclusive control” of their religious teachings. What would Roger Williams think of that?

Coming Up In Committee: Forty-Nine Sets of Bills to be Heard by the RI General Assembly, April 23 – April 25


1. On Thursday, April 25, the Senate Judiciary Committee will hear the Rhode Island “gun safety agenda“.

2. On Tuesday, April 23, the Senate Judiciary Committee will hear the same-sex marriage bills (that have been amended to add meaningful religious freedom protections).

3. On Thursday, April 25, the House Oversight Committee and the Senate Finance Committee will hold simultaneous hearings (not joint but simultaneous, i.e. two separate hearings, meaning any one individual can only be at one hearing at any one time) on the Economic Development Corporation’s “Job Creation Guaranty program” aka the 38 Studios deal.

4. H5236: Requires Rhode Island employers with 3 or more employees to “apply to participate” in E-Verify by 2015. (H Labor; Wed, Apr 24)

5. S0117: Bans “standardized testing program[s] or assessment[s]” from being used as a high-school graduation requirement. (S Education; Wed, Apr 24)

YOUR CART
  • No products in the cart.
0