Lost Legislation At General Assembly: The Bills That Disappeared
Saturday, August 06, 2011
Nearly two dozen pieces of legislation voted out of committee in the House or the Senate during the last General Assembly session never made it to a full vote, a practice some state lawmakers would like to see come to an end.
While the overwhelming majority of legislation passed out of committee in either chamber does make it to a full vote, 20 bills were either sent back to committee or remain in limbo until the next session starts, at which point they are dead, according to House Spokesman Larry Berman.
Several high profile pieces of legislation were among the bills either recommitted or simply not voted on, including a bill that would have strengthened racial profiling laws, a restriction on the interest charged by payday lenders, a bill that would have made Rhode Island follow the National Popular Vote for President and legislation that would facilitate the creation of a waste-to-energy facility located in the city of Woonsocket.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTMore Compromise Needed
Berman said it is fairly common practice for bills to come out of committee and then fail to make it to the floor. Usually the reason is because new information is learned that would make leadership believe that the bill would have a hard time passing the whole chamber.
He said there are also times when more compromise is needed
“There are times when the committee will pass a bill in hopes that a further compromise on contentious issues can be reached, but it just doesn't happen,” he said. “An example was the racial profiling bill. Talks continued between the sponsors and the police chiefs' association right up until the last day, but a compromise couldn't be reached.”
Republicans: If It’s Out Of Committee, It Should Go To Vote
But some lawmakers say the practice of not bringing a bill voted out of committee to a full vote is unfair.
Republican Representative Dan Reilly said he is okay with a bill not making it out of committee, but that once it does, the House should be allowed to vote on it. Reilly cosponsored a bill that would have reduced an inmate's minimum cost of incarceration reimbursement from 30 percent of gross salary to 30 percent of net salary. It was recommitted to House Finance in the final days of the session.
“If a bill does make it out of committee I don't see why it shouldn't go to the floor for a vote,” Reilly said, It’s clear that the committee process can be used to hold up or end legislation that leadership may not want to see on the floor; however, if a bill is passed out of committee than it should be voted on by the full house...
Another Republican, Representative Doreen Costa, goes one step further than Reilly. She said she believes votes should never be held for further study.
“There have been good bills that should come [to the floor] and never did,” Costa said. “I don’t know why. I never even voted for bills to be held for further study. I don’t think that it is fair to voters that come to the State House to testify only to see a bill held.”
Usually Good Reason
Representative Michael Tarro said there is usually a good reason when a bill gets voted out of committee but fails to make it to the floor. He said he can only remember “a bill or two” being voted out of the two committees he sits on (Judiciary and Municipal Government) but never making the House floor.
“I believe that either the leadership or sponsor have definite reasons when this happens, which appears to provide another level of safeguard to ensure that only bills that are ready to become law are voted on,” Tarro said. “There is always the chance for weaknesses in a bill's substance or form to become apparent only after a committee vote has occurred.”
Tarro said he trusts that House leadership has had good reason when a bill fails to make the floor.
“My experience has shown that there has been good cause when this has been done, and I have continued confidence in the current leadership that when done, it is done to ensure that only bills that are ready to become good law are voted on,” he said.
Time Runs Out
Others say timing can be the issue. In the final days or hours of the session, it is sometimes just not possible for every single bill that makes it out of committee to be voted on by the House or the Senate. In the House’s case, Representative Chris Blazejewski said it is up to Speaker Fox.
“The Speaker has discretion over the calendar and the responsibility to manage the floor debate under the House rules,” he said. “Although a vast majority of bills voted out of committee get a floor vote, toward the end of session it is sometimes necessary for the Speaker to exercise that discretion in order to conclude in a relatively timely and orderly manner.”
Still, Blazejewski, who was a sponsor on the racial profiling bill that was sent back to committee, said in general, legislation making it out of committee should be voted on by the full House.
“I agree that, as a general proposition, bills voted out of committee should get a debate on the House floor, which is what happens nearly all of the time,” Blazejewski said.
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