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February 27, 2012

Coming up in Committee: Fourteen Sets of Bills Scheduled to be Heard by the RI General Assembly, February 28 - March 1

Carroll Andrew Morse

The prologue to this week's list of General Assembly bills to be heard in committee is a bumper crop of local impact bills. I can't say for certain if they are all sinister or sensible, but folks interested in the goings-on in Cranston, Cumberland 2, Middletown/Newport, New Shoreham, North Providence, North Smithfield, Pawtucket 2 3 4 5 6, Portsmouth 2 and Warren might want to take a look at the one or more bills that specifically impact their communities.

And now on to the regular list...

14. H7406: Sets a minimum price of $35.00 for transportation provided by "public motor vehicles", i.e. privately owned non-taxicabs hired for individual trips (H Corporations; Tue, Feb 28).

13. H7371: Requires that all wood burned in wood stoves be "clean wood". No, I am not making this up. Also requires any new wood stoves installed in 2013 or after to be 50ft from the owner's lot-line and 200ft from the nearest neighbor's dwelling, with the intention of prohibiting them from being installed in densely populated areas (H Environment and Natural Resources; Thu, Mar 1). Addendum: Commenter tcc3 points out that the law also prohibits the sale or rental of a home that has a wood stove closer than 50ft from the lot line or 200ft from the nearest neighbor.

12. H7220: "Only state or federal elected officials, General assembly employees or retained consultants and their employees shall be required to testify under oath when addressing the reapportionment commission. All others shall not be compelled to present sworn testimony to the reapportionment commission" (H Judiciary; Tue, Feb 28).

11. S2391: Adds to the charter of Johnson and Wales that "the real and personal property of the corporation shall be exempt from state and local taxes" (S Corporations; Tue, Feb 28). Ed note: What are the possible interactions, between this bill and other state and municipal efforts to tax non-profits?

10. Bud Art. 13: Authorizes the department of administration "to adjust the salaries of directors of state executive departments, in an amount comparable to monetary adjustments for cost of living provided to classified state employees as a result of the most recent collective bargaining agreement" (S Finance; Tue, Feb 28).

9. The H Small Business agenda for Wed, Feb 29, which includes bills to try to help Rhode Island businesses in various ways, including creating loan funds (H7230), loan (H7354) and other capital access (H7513) assistance programs, regular review of government regulations (H7770), and requirements for state government to give priority to RI businesses (H7771).

8. Bud Art. 33: Removes election day from the list of state employee holidays (S Finance; Tue, Feb 28).

7. Bud Art. 12: A host of education issues, including changes in state aid for capital projects and for Central Falls, and the elimination of the "textbook reimbursement fund" (H Finance; Thu, Mar 1).

6. H7204: Expands the penalty for texting-while-driving to include a "mandatory requirement that a device which prevents text messaging and cell phone calls be installed" in the vehicle of the perpetrator (H Judiciary; Tue, Feb 28). Ed note: I didn't know such devices already existed.

5. H7172/H7290 Statements of "apology, sympathy, compassion, condolence, or benevolence relating to the pain, suffering, or death of a patient" made by a healthcare provider would be inadmissable as evidence in a legal claim or civil actions against that provider (H Judiciary; Wed Feb 29).

4. H7151: Prohibits different rates from being charged to health insurance customers on the basis of gender (H Corporations; Tue, Feb 28). (Ed. note: This bill is an indication of the progressive inability to realize the difference between actual insurance and the subsidizing of predictable costs).

3. Bud Art. 5: Bond issues for the 2012 general election ballot: $109,900,000 for "Higher Education Facilities", $21,500,000 for "Transportation", $20,000,000 for a "Clean Water Finance Agency", $25,000,000 for "Environmental Management" and $25,000,000 for "Affordable Housing" (S Finance; Thu, Mar 1).

2. H7543: Process for authorizing a full casino at Newport Grand, including a statewide constitutional amendment ballot question, and a local referendum in Newport (H Finance; Wed, Feb 29).

1. H7556: A non-binding resolution stating "this House of Representatives hereby respectfully requests the President and Congress of the United States to refrain from enacting or imposing any law or regulation that is beyond the scope of these constitutionally delegated powers or that would diminish the rights of the people of Rhode Island to govern themselves as a free, sovereign, and independent state" (H Judiciary; Tue, Feb 28).

Comments

"A non-binding resolution stating "this House of Representatives hereby respectfully requests the President and Congress of the United States to refrain from enacting or imposing any law or regulation that is beyond the scope of these constitutionally delegated powers or that would diminish the rights of the people of Rhode Island to govern themselves as a free, sovereign, and independent state"

We already have this. It's the 10th Amendment to the US Constitution. So what's the point of this resolution? Just to sorta remind the federal government that it exists? We don't need resolutions to remind them of that, we need a lawsuit. If you want the federal government to follow the Constitution, sue 'em. The problem is that Congress has figured out the way around it is through bribery.

Oh yeah, sure Rhode Island, you can set the state alcohol drinking age to anything you want, but if you set it to anything lower than 21, you won't get any highway funds from us!

It's an ugly game.

Posted by: Patrick at February 27, 2012 2:41 PM

H7556 - perhaps the House of Representatives will apply the same thoughts to the Cities & Towns they are hurting with their burdonsome laws.

Posted by: Mark at February 27, 2012 3:26 PM

Mark,

Although it's limited to small businesses, check out H7770 in item 9, which is at least in the spirit of removing government mandates. Perhaps I should have listed that one higher.

Posted by: Andrew at February 27, 2012 3:33 PM

So for all of those people in those neighborhoods of 1950's capes are not going to be able to eventually sell their homes or use their existing wood burning systems?

NICE....


"On or after January 1, 2013, no property owner shall sell, rent, or lease or offer to sell, rent, or lease any residential dwelling or any garage or structure ancillary thereto in which a wood stove other than a certified wood stove is installed unless the chimney, stack, or flue through which the products of combustion pass is at least:
(1) Fifty feet (50') from any lot line; and
(2) Two hundred feet (200') from a residential dwelling of an abutting owner.
(e) Except as provided in section 23-23-30.4 of this chapter, no person shall operate, use, or allow the operation or use of a wood stove other than a certified wood stove in any residential dwelling or in any garage or structure ancillary thereto on or after January 1, 2018 unless the chimney, stack, or flue through which the products of combustion pass is at least:
(1) Fifty feet (50’) from any lot line; and
(2) Two hundred feet (200’) from a residential dwelling of an abutting owner."

Posted by: tcc3 at February 27, 2012 3:46 PM

Wood stoves made before 1992, another burning issue in RI.

We need a cap on how many bills the GA can consider each year.

Five for the democrat party and five for the republican party would be more than enough. Total of five per party, not per member.

Maybe then they could cull all of this baloney and focus on what's needed.

Posted by: riborn at February 27, 2012 6:07 PM

"Did you know that it's illegal in Rhode Island to burn driftwood in wood stoves" does sound like something that would appear on a list of funny laws still on the books from the 18th century, more so than something a legislature should be considering in the 21st.

Posted by: Andrew at February 27, 2012 6:14 PM

"Requires that all wood burned in wood stoves be "clean wood"."

It must be nice to be a rich (apparently), out of touch legislator handing down directives as to how the peons are permitted to keep themselves warm.

WE'RE TURNING TO WOOD BECAUSE FOSSIL FUELS ARE TOO EXPENSIVE, YOU STUPID, ELITIST PERSON. Like fossil fuels, "clean wood" is also undoubtedly more expensive. What are we supposed to do if we can't afford that???

Is there no end to the pointless, meddling, ivory tower legislative intrusions into people's lives???

Posted by: Monique at February 28, 2012 8:23 AM

"Requires that all wood burned in wood stoves be "clean wood"."
What are we supposed to do if we can't afford that???

Hey Monique, I have a business idea that is pretty well unregulated right now. Ready for this?

Firewood Washing Service

Bring me your dirty firewood, I'll clean it so you can then burn it legally in RI. Any wood that is uncleanable, I'll just sell that to Mass and CT residents.

Posted by: Patrick at February 28, 2012 10:02 AM

Patrick,
Never mind the Firewood Washing Service, in the spirit of a true Rhode Islander, I want the state wood inspector position. Hell, why start at the bottom, maybe I could be Chief Wood Inspector. Dialing my state rep...

Posted by: Max D at February 28, 2012 12:58 PM

re: wood stoves

I have a wood stove that is now about 6 years old. How, exactly, am I to get that certified? Will the state have a list? Do I have to track down the manufacturer, as the distributor has moved to a different brand?
I might make the 50' exemption, alternatively. Will I have to get a lot line survey again to prove it?
Could some kind soul tell me why my firewood needs to be clean? My dirty wood burns just fine and the dirt goes out witt the ashes.

Posted by: chuckR at February 28, 2012 2:29 PM

Chuck - wood stoves made since 1992 should be alright, but otherwise you will have to wait until the Division of Wood is created.

PS: Mr. Chafee, I am available for the Directorship. I envision the following departments: Wood Stoves; Fire Places; Camp Fires (jurisdiction includes marshmallow sticks); Fire Pits; Cooking Pits; Brush Burning; House Fires; Commercial Building Fires; Industrial Building Fires; Wood Washing (licensing and regulation of Wood Washing businesses). I believe a starting annual budget of $20 million should cover my staff (AR contributors) and my staff's staff. And vehicles. And pensions.

Posted by: riborn at February 29, 2012 5:00 PM

For those of you who have not burned wood for heat and cooking, "clean" wood is simply wood harvested from trees. Wood products such as all wood building materials, wood products that have been chemically treated or have remnants of other products such as creosote and petroleum would not be considered "clean". Who's to know what you burn if your closest neighbor is a half mile away as is the case in many rural places around the state.

Posted by: Phil at February 29, 2012 6:11 PM