There's an invisible barrier
By Kate McGovern, Rhode Island Current
The Senate president refused to allow consideration of legislation (H-7211 and S-2141) that would protect vulnerable borrowers from a loophole in state law that allows payday lenders to charge fees that are the equivalent of annual percentage rates (APR) up to 260%. You might think the rules give the leadership the authority to decide what does and doesn’t come up. It’s not the rules. An invisible electric fence stops our state lawmakers from voting on pending legislation.
There is no rule preventing legislators from making motions in committees or preventing committee chairs from taking votes on pending matters. However, they know not to act without permission from the leadership. This is why bills get stuck out in a pasture for years as the electric fence warns them off.
There’s a way out. Both House and Senate rules outline a procedure to compel consideration by filing a discharge petition. To move a bill forward, the petition must be signed by a majority of legislators in that chamber. It is considered the “nuclear option.” Much like the electric fence functions to keep animals corralled, legislators understand that such an action is off limits.
From the outside looking in, it might seem unclear what makes the electric fence effective. Consider these rationalizations:
The system prevents “bad” legislation from moving forward. Note: In a functional democracy, there is no need to avoid bad proposals by jamming them up. Simply vote against them. On the record.The system helps reelect incumbents by allowing them to avoid controversial votes. Note: In a healthy democracy, constituents know where their legislators stand on issues.Analogous to the shock generated by a real electric fence, this one is effective because there are known consequences. Legislators likely know what happens if they hit up against it. Perhaps legislation important to them would be at risk? Perhaps a loss of position or status?
In a functioning democracy, policy proposals are openly debated. Elected representatives conduct public hearings. They take input from constituents and subject matter experts. They decide if a proposal should be adopted, rejected, amended, or held for further study. Bills are passed when a majority of legislators agree. However, in Rhode Island, one person can prevent the entire General Assembly from acting, regardless of the merits of the proposal, or how thoroughly it has been vetted.
The General Assembly’s electric fence system is complex and self-reinforcing, not easily unplugged. Perhaps the perimeters of the fence could be expanded to require voting under prescribed circumstances. For example:
Time limit: A vote must be held if a bill has been in study for two sessions. Threshold of support: A vote must be held if at least a third of the members of the chamber have signed on as co-sponsors.Going into the 15th year of the effort to end predatory lending, it is a good time to reflect. The problems in our democracy are not insurmountable, either in our state or in our nation. Pro-democracy advocates are challenging the General Assembly’s electric fence, so our legislators can fulfill their duty by casting votes on pending matters.
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