Portsmouth lawmakers busy at end of session

Assembly OKs bills on EV charging, police training, and more

Posted 6/19/23

PROVIDENCE — The General Assembly wrapped up its 2023 session last week with legislators scrambling to get a flurry of bills passed — as well as a $14 billion state budget.

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Portsmouth lawmakers busy at end of session

Assembly OKs bills on EV charging, police training, and more

Posted

PROVIDENCE — The General Assembly wrapped up its 2023 session last week with legislators scrambling to get a flurry of bills passed — as well as a $14 billion state budget.

MORE: Bill clarifying public shoreline access clears Assembly

Here are some highlights of approved measures, which now go to the governor’s desk for his signature, that Portsmouth’s local lawmakers had their hands in:

Rep. Terri Cortrvriend

(D-Dist. 72, Portsmouth, Middletown)

The Assembly passed two bills, sponsored by Cortvriend and Sen. Alana DiMario, to elevate the voices of parents and teachers in the state’s educational system.

One bill (2023-S 0489, 2023-H 5668) would establish guidelines for each public school district’s special education local advisory committee. Under federal law, every school district is required to have a special education local advisory committee, a group composed of parents, professionals and others with an interest in the education of students with disabilities. The committees are intended to provide input on improvement and funding plans and serve as advocates for families with students with disabilities.

But the degree to which districts make opportunities for parents and members of the public to participate varies.

The bill requires that districts post on their websites the link or contact information for their local advisory committee, as well as the dates of the committee’s meetings. It stipulates that the districts must maintain and promote committees that are active, meeting at least four times a year, and undertake efforts to make them active if they are not.

It also requires that parents and guardians receive notification of how to contact the committee, and its meeting schedule, at each individualized education program (IEP) or 504 plan meeting.

“Local advisory committees can be a terrific resource for parents, helping them navigate the special education process and know their student’s rights. It’s important that they are active and accessible to the family of every single student involved in special education,” said Cortvriend.

The second bill (2023-S 0182A, 2023-H 6052A) would appoint the Rhode Island teacher of the year as a nonvoting member of the Board of Education (BOE). That individual would serve a one-year term starting the year after their term as teacher of the year has expired. If they chose not to serve, the commissioner of education would appoint a former teacher of the year provided that individual is still teaching in Rhode Island public schools.

Another approved bill, sponsored by Cortvriend and Sen. Alana DiMario, focuses on training police to recognize and respond appropriately in situations involving individuals with cognitive or communication-related disabilities.

The legislation (2023-S 0401, 2023-H 5185) would require the Police Officers Commission on Standards and Training to provide instruction for police officers in identifying, responding to and handling all incidents involving victims, witnesses or suspects with cognitive or communication-related disabilities. Police would be trained on safely de-escalating crisis situations involving such individuals and be given information on initiating timely referrals to resources available in the community.

The commission would also be required to develop guidelines for law enforcement responses to incidents involving such persons.

“It is extremely important for everyone’s safety that police know how to respond to calls involving someone with a cognitive or communications disability,” said Cortvriend. “Some individuals with these conditions can become overwhelmed or panicked in emergencies or when confronted, and that can escalate a situation and result in misunderstandings and tragedies. In situations where the person is a witness, police need to know how to respond in the most constructive way for the benefit of the investigation.”

A 2016 study by the Ruderman Family Foundation estimates that one-third to half of all police use-of-force involve a person with a disability.

Rep. Michelle McGaw

(D-Dist. 71, Portsmouth, Tiverton, Little Compton)

The General Assembly approved legislation sponsored by McGaw and Sen. Pamela J. Lauria to require health insurers in Rhode Island to cover the full cost of life-saving epinephrine injectors, commonly known by the brand name EpiPen.

The legislation (2023-H 5176A, 2023-S 0575A) is aimed at preventing costs from being an obstacle to those whose lives depend on the device, which is used to manage severe symptoms of an anaphylactic reaction such as throat swelling or difficulty breathing.

“Epinephrine is an absolute necessity for anyone with a serious allergy that could result in anaphylaxis, including many children. The skyrocketing costs of these devices is an outrage and needs to be addressed, but in the meantime, it must not be allowed to discourage or prevent people from filling their prescription. Having epinephrine available quite literally makes the difference between life and death for a person experiencing anaphylaxis, so costs should not stand in the way for anyone,” said McGaw, who works as a consultant pharmacist serving the long-term care community. (She’s the wife of Jim McGaw, editor of The Portsmouth Times.)

The legislation would require private and nonprofit insurers and HMOs that provide prescription coverage to cover at least one twin pack per year of at least one type of epinephrine auto-injector and cartridges, without copayments or deductibles, for all policies issued or renewed after Jan. 1, 2025.

Mylan, the manufacturer of the brand-name Epi-Pen, raised its price by about 500 percent between 2009 and 2016, resulting in average prices of more than $600 per twin pack today. Even patients with prescription coverage may be saddled with high cost-sharing rates for the drug. In recent years, generic versions of the device have been developed, but they still cost $300 or more per twin pack.

The single-use injectors expire 18 months from when they are manufactured, so patients need to purchase new ones frequently regardless of whether they are ever used. Patients also need to have one available at all times, so they may need to keep several at once. Many of those at risk for anaphylaxis are children, who may be exposed to their allergen at school or through other children. 

Also passed was another bill sponsored by McGaw (along with Sen. Frank Lombardo III) to better prepare Rhode Island for the rapid growth of electric vehicles on the state’s roadways.

The legislation (2023-H 5159aa, 2023-S 0988) would require that new and expanded parking lots built using any public funds include a certain percentage of electric vehicle charging stations.

Under the bill, new parking lots and lots that undergo an expansion of 50 percent or more parking spaces, would be required to include electric vehicle charging stations according to the following ratio of parking spaces to minimum charging stations: 

• 6-10 spaces: 1 station.

• 11-25 spaces: 2 stations.

• 26-45 spaces: 3 stations.

• 46-65 spaces: 4 stations.

• 66-85 spaces: 5 stations.

• 86-105 spaces: 6 stations.

• 106-150 spaces: 7 stations.

• 151-200 spaces: 10 stations.

• 201 or more spaces: 6 percent of total.

“Transportation accounts for 40 percent of Rhode Island’s greenhouse gas emissions,” said McGaw. “It is absolutely imperative that we encourage and enable drivers to shift toward electric vehicles to help slow the rate of climate change and to meet our commitment under the Act on Climate. EV charging stations are a critical resource to support that move. Just as we have requirements for things like runoff controls and safe entrances and exits, we should have requirements for the charging stations that electric vehicles need.”

Sen. Linda Ujifusa

(D-Dist. 11, Portsmouth, Bristol)

Also approved was a bill by Ujifusa and Rep. Samuel A. Azzinaro that would explicitly give members of the United States National Guard the same tax benefits available to other qualifying military veterans.

“A Rhode Island National Guard veteran was told he did not qualify because did not have a DD-214 form that showed he had served 90-days on ‘active duty’ orders,” noted Ujifusa who serves on the Senate Special Legislation and Veterans’ Affairs Committee. “Although there is a recently passed federal policy that recognizes National Guard veterans deserve a DD-214 and they get an essentially equivalent NGB-22 form, it was necessary to clarify Rhode Island law to ensure our National Guard members are able to secure the benefits they deserve for their service in training, operational support and contingency operations.”

The bill (2023-S 0710, 2023-H 5951) would allow National Guard veterans to qualify for the same property tax exemptions as active duty personnel, provided that veteran meets the service requirements outlined in the statute. That is an exemption of at least $1,000 from their property taxes, though some municipalities exempt higher amounts.

Rep. Susan Donovan

(D-Dist. 69, Bristol, Portsmouth)

The Assembly passed a bill sponsored by Donovan and Sen. Valarie Lawson that would protect seniors from being denied supplemental Medicare coverage or charged higher rates based on pre-existing conditions.

“It’s really unconscionable seniors can be denied medical insurance due to pre-existing medical conditions,” said Donovan, who chairs the House Committee on Health & Human Services. “This bill rights that wrong and ensures our seniors can obtain the coverage that’s right for them.”

Most individuals over 65 years old are eligible to enroll in Medicare, a health insurance plan from the federal government. Medicare has four parts: A, B, C and D. Medicare Part A covers hospitalizations and some other inpatient services. Part B covers doctors’ visits and some other outpatient services. Both are administered directly by the federal government and include costs such as deductibles, copays and coinsurance. Part D is prescription coverage.

Under Part C, seniors can purchase insurance from private companies to cover costs that Medicare Parts A and B do not cover such as copays, coinsurance and deductibles. Such plans are known as Medicare Advantage plans. Seniors who wish to enroll in a Medicare Advantage plan must do so during an initial open enrollment period (when they first become eligible for Medicare) or after a qualifying life event such as a move or loss of a job.

If a senior wishes to change their Medicare Advantage plan later on, they may be subject to a complex underwriting process including health screenings and blood work. Individuals can even be charge higher rates or denied coverage due to pre-existing conditions.

The bill (2023-S 0583Aaa, 2023-H 6179) would prohibit insurers from subjecting seniors to this underwriting process, denying them coverage or charging higher rates due to pre-existing condition, as long as the individual is currently enrolled in some Medicare Advantage plan and seeks to change plans during an annual open enrollment. Other states, including Massachusetts and Connecticut, have similar legislation.

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Meet our staff
Jim McGaw

A lifelong Portsmouth resident, Jim graduated from Portsmouth High School in 1982 and earned a journalism degree from the University of Rhode Island in 1986. He's worked two different stints at East Bay Newspapers, for a total of 18 years with the company so far. When not running all over town bringing you the news from Portsmouth, Jim listens to lots and lots and lots of music, watches obscure silent films from the '20s and usually has three books going at once. He also loves to cook crazy New Orleans dishes for his wife of 25 years, Michelle, and their two sons, Jake and Max.