Giannini: Special Sessions Are Not Rare For General Assembly
Joanne Giannini, GoLocalProv MINDSETTER™
Giannini: Special Sessions Are Not Rare For General Assembly
The recess is different from an adjournment because it leaves open the door for the General Assembly to come back before January and revisit some of the issues that were left on the table.
Both chambers recessed before 11:00 pm which is rare for the last night of session. When I served as a State Representative, I remember marathon sessions on the last night with long speeches and goodbyes. We were always told that we could be called back into session to override the Governor's vetoes of legislation. And we were called into special sessions on many occasions over my sixteen year tenure in the House of Representatives , so special sessions are not rare for the General Assembly.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTThe callback sessions for overrides usually took place in late July after the Governor's vetoes were in. Keep in mind that we had two Republican Governors in the sixteen years that I served, so we were not strangers to controversy.
We also were called back to session to vote on the Providence Place Mall. On October 30, 2009, we were called back to a special session for a number of key bills, including the bans on indoor prostitution and human trafficking which I sponsored. Some legislators dubbed it "The Halloween Special, " Trick or Treat." Yes, you have to have a sense of humor to be up there, or you won't survive.
Special sessions can be productive if all members attend. Once the General Assembly recesses, legislators are making plans to be with their families on vacation or spending more time at their employment. The callback session has to be timed just right in order to have a quorum of members attend. There also needs to be an agreement with the Senate Chamber so that both chambers return to a special session. The reason for that is that legislation passed has to be identical in both chambers, so any changes made by either the House or Senate would have to be agreed on by both chambers.
If the General Assembly returns for a special session in the fall, there are several issues that were put on the back burner that they may take up again:
Operation Tollgate
"Operation Tollgate", which is my name for Governor Raimondo's plan to have certain tractor trailers pay tolls was put on hold by the House. Under the direction of Senate Majority Leader Ruggerio,an amended toll bill was on the fast track and passed out of the Senate overwhelmingly . But House Speaker Mattiello put the brakes on the proposal stating that it needed more review.
It seems to be unclear just where the tolls would be placed or how many and if the legislation leaves open the door for expansion of other locations or other vehicles to be added in the future.
Would the legislation be revisited each year to increase the toll price or increase locations?
Would the proposal be revisited to add smaller trucks , cars, motorcycles and other vehicles?
We all know that once you start up a revenue source program like this, it opens the door for future legislation to be passed for additional revenue and added stipulations.
We all want the bridges fixed and know they really need it but let's be sure we review every nook and cranny in this legislation. The opportunity for jobs is needed but let's make sure these are jobs that are going to Rhode Islanders and not outside contractors. This project also should have a public hearing, so Rhode Islanders and parties affected can voice their opinions on this proposal and proponents of this plan can explain their intentions. The public has a right to know the proposal being implemented. Meanwhile, we all hope that the bridges that need repair are repaired quickly regardless of the timing of this proposal because it is a matter of public safety.
The Ballpark Stadium
Another issue in the hopper is the proposal of the PawSox owners to relocate to Providence with a new Stadium. I think many people would be in favor of this plan if it was done fairly without hurting the taxpayers or the city of Providence who ultimately will host the pros and cons of this proposal.
There is a movement to try to stop the PawSox from moving to Providence but the new owners have stated that Providence is where they want to be. To their credit, the new owners have been available by setting up various meetings in different locations throughout the city, but not everyone goes to these meetings.
Open public forums with full informational facts and negotiated proposals should be held so that the public can voice their opinions. If this proposal is done right, it could be an economic boost for Providence and Rhode Island and a good recreational venue for families for years to come.
The Chicken Coop
It seems hard to believe that one of the bills that the Senate and House could not reach agreement on was a bill by RI Humane Society that would ban the use of cages that restrict chickens from fully opening their wings. If this bill caused such a ruckus in the negotiation process, you can be sure it will be back in the fall unless legislators are too chicken to take it up.
No pun intended.
The Charter School Debate
Also not making the cut was the bill to slow down the creation of more charter schools. Regardless of where you stand on this issue, you have to admit the popularity of charter schools has grown immensely over the last ten years. I always have believed all our children deserve a good education. It's always bothered me when parents called me and cried that their child didn't make the lottery to attend the charter school they wanted. It just isn't fair. It seems the charter schools are flourishing while our other public schools are hurting and increasingly not making the grade. It also frustrates me that we have our young people becoming teachers and struggling to get jobs in Rhode Island Schools because there are very few vacancies. The whole process needs to be reviewed to ensure fairness and a good education for all our children.
Voice Your Opinion
These are just some of the issues that might be reviewed in a special session in the fall.
There is still time for you to call your legislator to weigh in on any of these issues. Your input can be the difference between a yes or no vote. If you don't know your legislator you can find out by calling your local Board of Canvassers.
You can also call the State House at 401-222-2466 to voice your concerns . The General Assembly session may be over for now, but the issues continue and the fight goes on.
The 10 Biggest Bills of the 2015 RI General Assembly
Trucking tolls
One of the more contentious issues facing the General Assembly at the end of session was that of trucking tolls for the Governor's infrastructure plan -- which having reached a stalemate, will be likely taken up in the fall now, according to the Speaker.
The Senate passed legislation (2015-S 997 Sub A) on June 23 to toll large commercial trucks traveling through the state, but the proposal was a non-starter in the House.
The Rhode Island Trucking Association dubbed the process as moving too quickly -- until now.
“This process is moving entirely too fast and there have been no discussions or analysis on the fiscal impact of the proposed toll plan to the trucking industry or the business community,” said Christopher Maxwell, President of RITA, earlier this month.
Whether RITA will have a seat at the table -- or if a deal brokered between Mattiello and Raimondo will gain approval in the Assembly -- will be seen in the months ahead.
Charter School Slowdown
Another of the session's biggest battles languished in the waning hours of the session - for now.
The House approved legislation (2015-H 5555aa) on June 18 that would require the Council on Elementary and Secondary Education to consider the financial impact on sending districts before any new charter school, mayoral academy or expansion of one can be approved.
However, the struggle surrounding this issue came to a halt Thursday, when the Senate version of the measure was approved by the chamber, but needed further action by the House, which did not happen.
“The General Assembly has an obligation to ensure that we are funding education in a sustainable fashion,” said Rep. Jeremiah T. O’Grady (D-Dist. 46, Lincoln, Pawtucket) of the proposed legislation at the time. “It is projected that Rhode Island’s municipalities will be obligated to spend approximately $40 million on charter tuitions in FY16."
195 Tax Jurisdiction
In the battle of city-versus-state over the land that Route 195 formerly occupied, it looks like Providence came out the victor.
Senate Majority Leader Dominick Ruggerio (D-Dist. 4, North Providence, Providence) had sponsored legislation (2015-S 0997A) approved by the Senate that would have given the state control over tax treaties in connection to the 195 land.
However, on Thursday, Ruggerio, House Majority Leader John DeSimone and the City of Providence announced that they will work together to develop a tax stabilization agreement, or TSA, for companies that locate in the I-195 Redevelopment District.
In a joint statement, they said, “We share a mutual goal of establishing a tax stabilization agreement that encourages development in the I-195 District while protecting the interests of Providence and Rhode Island taxpayers. We will work collaboratively to develop a tax stabilization agreement that can be enacted through ordinance at the city level, then codify the ordinance in statute at the next legislative session.”
Minimum Wage Increases
Speaker Mattiello and Governor Raimondo hosted a bill signing ceremony on June 22 that marked the passage of legislation (2015-H 5074A, 2015-S 0194A) to raise Rhode Island's minimum hourly wage from $9 to $9.60 effective January 1, 2016.
“Putting more money in the pockets of those with the lowest wages helps them buy the basic goods and services their families need, but it also helps the economy, because those workers go out and spend that money locally, supporting local businesses," said Representative Bennett (D-Dist. 20, Warwick, Cranston).
On Thursday, the Assembly voted to raise the $2.89-an-hour minimum wage for tipped workers, such as waiters and waitresses, by $1, in two steps, starting on Jan. 1, 2016 -- which now goes to the Governor.
"It is difficult to argue from a social policy point of view against increasing the minimum wage in any sector of the economy. However, in a state of predominantly small and family businesses like Rhode Island, an increase in minimum wage could result in (a) passing the increase along to the buyer of the product or service, (b) the employer reducing the number of employees or the number of hours worked, (c) substituting employees by outsourcing or using technology and/or (d) deciding if it is worth staying in business. Increasing the minimum wage by itself does not result in an increase in productivity," said URI Distinguished Professor of Business Edward Mazze.
Narcan In Schools
The General Assembly has approved legislation (2015-S 0154A, 2015-H 5047A) sponsored Rep. David A. Bennett and Sen. Gayle L. Goldin that requires public middle schools, junior highs and high schools in Rhode Island to have Narcan, an opioid antagonist, on their premises.
In February, GoLocal reported on the epidemic surrounding Narcan, stating that EMS gave Narcan over 50 times to those in the under 18 age group. The bill now head's to Governor Raimondo's desk.
“Given the scope of the opioid epidemic in our area right now, it’s not outside the realm of possibility that any high school or middle school could have a student on campus who experiences an overdose,” said Senator Goldin (D-Dist. 3, Providence). “Every second counts when someone is overdosing, so being prepared with a kit and a school nurse teacher who knows how to use it could be the difference that saves that person’s life.”
Murder-Parole Changes
The House and Senate passed legislation (2015-S 0132A / 2015-H 5158A), as proposed by Sen. Leonidas P. Raptakis and Rep. Patricia A. Serpa, that requires individuals convicted of murder to spend more time behind bars before being eligible for parole.
“Individuals who commit first or second-degree murder should be expected to serve at least the majority of their sentences, although I firmly believe they should be required to complete the full sentence for these kinds of heinous acts,” said Raptakis (D-Dist. 33, Coventry, East Greenwich, West Greenwich). “At the very least, they should have to serve no less than half of the sentence, which has not always been the case as we saw with the ‘Thrill Killer’ Alfred Brissette’s early release.”
The legislation, which will now go before Governor Raimondo for consideration, contains the following:.
1.) First and second-degree murderers not sentenced to life must serve 50-percent of their prison sentence before being up for parole.
2.) Individuals convicted of first or second-degree murder who are sentenced to life will not be eligible for parole until serving at least 25 years of the life sentence.
3.) A person sentenced to consecutive terms would be required to serve at least 25 years of each sentence before being eligible for parole.
4.) No person sentenced to life for a crime other than first or second-degree murder would be eligible for parole until serving at least 20 years of the sentence.
5.) Individuals sentenced to life for first or second-degree murder and also convicted of escaping or attempting to escape from prison will not be considered for parole until serving at least 35 years in prison.
Uber
Transportation disruptor Uber tried to make a last minute shake-up at the Rhode Island State House.
Uber sent an e-advocacy appeal to riders to call their Senator to oppose legislation (2015-S 1005) that would regulate ride sharing companies such as Uber, as introduced by Senator Maryellen Goodwin (D-Dist. 1, Providence) and approved on June 24 in the Senate.
The bill sought to regulate what it calls "transportation network services". Uber deemed that the bill would make "it very difficult for Rhode Islanders...to access safe, affordable and reliable rides through the Uber platform."
The bill was referred to House Corporations. The battle of Uber vs. taxis continues.
Providence PILOT Payment
As part of the FY16 budget (2015-H 5900Aaa), the General Assembly passed a section that addresses the state’s payment in lieu of taxes (PILOT) program. Providence, which was searching for a larger section of money, came up $1.5 million short of their original funding goal.
"We took a slight haircut, but we're still doing better," said City Council President Luis Aponte when asked about the hit Providence took through the PILOT program.
However, Providence has serious and immediate financial realities to face as the possibility of bankruptcy -- according to some -- looms large.
Twin River-Newport Grand
Twin River cleaned up in this year's General Assembly session. It began by getting approval (2015-S 0649) for a hotel for its Lincoln casino, in which a 2005 public law banning the construction of a hotel at their grounds was struck down.
Then, legislation (2015-H 6267) to allow Newport Grand -- now owned by Twin River - to avoid its violation of its Master Contract with the state was incorporated into the budget. The Master Contract required Newport Grand to have 180 full time employees the year preceding renewal of its master contract, with Twin River as able to convince the state to re-write history and make that number only 100, when it became clear Newport Grand was never going to meet the mark.
Budget
The centerpiece of the General Assembly session, the General Assembly unanimously approved the FY16 budget with Senate approval of the House measure on June 23.
The $8.7 billion state budget bill (2015-H 5900Aaa) eliminates state income tax on Social Security benefits for many Rhode Islanders, does away with taxes on utilities for businesses, includes the pension settlement and economic and jobs development initiatives and provides funding for school construction and greater tax relief for lower-income families.
“This budget is an investment in the jobs and economic development that our state’s residents and businesses desperately need and deserve,” said Senate Finance Chairman Daniel Da Ponte (D-Dist. 14, East Providence).
Not everyone was pleased with the quick passage.
Although the Center appreciates that some principles around taxation, regulation, and freedom that we support are at least shuffled into the deck in small ways, with this budget, it is overall a bad deal for Rhode Islanders," said Justin Katz with the Center for Freedom and Prosperity. "The fact that it passed the House so quickly and with such little debate should be seen as terrifying, not encouraging."
