A field guide to legislative votes How senators and representatives weighed in on key issues BY STEVEN STYCOS
	Senators and representatives weigh in on key issues Senate House of Representatives

AN AGGRESSIVE Republican recruitment campaign has made 2004 the most competitive General Assembly election season in recent memory. Although Republicans have no realistic chance of winning a majority in the state Senate or the House of Representatives, the GOP hopes to win enough seats to be able to sustain the veto of Governor Donald L. Carcieri.

In the 38-member Senate, Republicans are running candidates for 26 seats, while Democrats have candidates for all but the two South County seats held by incumbent Republicans Kevin Breene of West Greenwich and House Minority Leader Dennis Algiere of Westerly. In the 75-member House of Representatives, Democrats are fielding candidates in all races except six. Republicans are putting forward 52 candidates. Adding a little spice to Senate races are five independent candidates and one Green Party candidate. In the House, 14 independents and two Greens seek seats.

Republicans face a tough task in creating a veto-proof legislature since the GOP would need to more than double its representation. In the Senate, they need 16 seats, 10 more than presently held. In the House, Republicans need to win 31 races, a gain of 19 sets.

Just who wins the legislative races will have a huge impact on Smith Hill. While Republicans want to tilt the legislature to the right, liberal Democrats hope to add to their depleted ranks, particularly with wins by Senate candidate Charles Levesque of Portsmouth and House candidate Nick Tsiongas of Tiverton, two former legislators known for their respective work on civil liberties and health-care issues.

The new legislature will grapple with the next state budget. In 2003, and again this year, Carcieri vetoed legislator-crafted spending plans, and Democrats both times secured the three-fifths vote necessary to override. As a result, local schools and municipal governments received more state funds than Carcieri proposed; the tax on meals and hotel rooms increased; welfare benefits stayed intact; and Lincoln Greyhound Park received a larger portion of video slot machine proceeds than desired by the governor. The next legislature will debate casino gambling, police powers and health-care, among other topics.

The following chart allows voters the chance to examine how legislative incumbents voted on key issues over the past two years.

SENATE VOTES

1) INCREASE MINIMUM WAGE: July 15, 2003 vote on H5115, sponsored by state Representative Paul Sherlock (D-Warwick), to increase the state minimum wage from $6.15 per hour to $6.75 per hour. Supporters say Rhode Island’s lowest paid workers need a raise to support their families, but some Republicans countered that the higher wage would discourage some businesses from hiring additional employees. The bill passed, 32-5.

2) STRONG STATE POWER TO IMMUNIZE AND QUARANTINE: May 1, 2003 vote on S318, sponsored by state Senator John Tassoni (D-Smithfield), to give the state Department of Health power to conduct medical examinations, immunizations, and quarantines without a person’s permission. Supporters say the powers are necessary to protect the public from bioterrorism, but state Senator Rhoda Perry (D-Providence) says the right of individuals to appeal quarantine orders and other decisions is too weak and that the bill poses a loss of civil liberties. "You’re looking at incredibly enhanced state authority," she says. The bill passed, 33-4

3) SEPARATION OF POWERS: March 26, 2003 vote on S180, sponsored by state Senator Michael Lenihan (D-East Greenwich), to present to voters a separation of powers constitutional amendment. Supporters say the amendment will eliminate improper legislative power, such as the appointment of legislators to boards and commissions. Opponents support a more powerful legislature because its members are closer to the people. The bill passed, 36-0, and the issue will be on the ballot for voter approval.

4) EVICTIONS ONLY IF TENANTS AWARE OF DRUGS: May 28, 2003 vote on an amendment to S479, offered by Perry, to prohibit drug-related evictions when the tenant is unaware that drugs were in the apartment. Throwing someone out of their home because a family member has illegal drugs without their knowledge is unfair, Perry says. Opponents of the amendment say the strict standard would encourage tenants to keep their apartments drug-free. Perry’s amendment was defeated, 20-17.

5) LIMIT POLICE SEARCHES: May 28, 2003 vote on an amendment to S695, offered by Perry, to prohibit police from asking to search a car after stopping a driver for their failing to wear a seat belt. Perry worries that police may use seat belt stops as an excuse to search cars, especially in minority neighborhoods, but opponents of her amendment say police will not abuse new powers to enforce seat belt use. The amendment failed, 23-10.

6) EASIER POLICE ACCESS TO COMPUTERS: April 21,2004 vote on S2303, sponsored by state Senator Kevin Breene (R-West Greenwich), to enable police to identify who bought an e-mail address and their credit card or bank account number without a search warrant. Rhode Island State Police spokesman Stephen Lynch says police must now obtain search warrants from out-of-state courts where the Internet service provider is located. The cumbersome procedure slows law enforcement, he says. Perry opposes the bill as an overly broad invasion of privacy that could give police access to personal financial records. The bill passed, 23-7, but died in the House.

7) NO SMOKING AT WORK: April 29, 2004 vote on S2029, sponsored by state Senator Susan Sosnowski (D-South Kingstown), to prohibit indoor smoking at most work places. Supporters say second-hand smoke harms workers, but opponents say the law would hurt the restaurant business. The bill passed, 26-7, passed the House unanimously, and was signed into law by Carcieri.

8) GUNS FOR URI POLICE: March 25, 2004 vote on S2933, sponsored by state Senator Michael Damiani (D-East Providence), to arm police at the University of Rhode Island. Supporters say, if passed, this law would help URI police, who are located in a town with a small police force. Opponents, including the URI faculty and administration, say guns are unnecessary. The bill passed, 25-3.

9) BINDING ARBITRATION FOR PRISON GUARDS: May 20, 2004 vote on S 2825, sponsored by Joseph Polisena (D-Johnston), to resolve the state prison guards’ contracts with binding arbitration. Polisena says the Rhode Island Adult Correctional Institutions guards have been without a union contract for several years and deserve a fair hearing before an impartial person. Opponents say binding arbitration would lead to excessive wages and benefits. Some municipal police and fire contracts are currently resolved with binding arbitration, but other municipal and state worker contracts are not. The bill passed, 28-4 and passed the House unanimously, but Carcieri vetoed it.

10) TAX CREDITS FOR PROVIDENCE HOTEL: June 25, 2004 vote on H8011, sponsored by state Representative John McCauley (D-Providence), to provide $20 million in tax credits to encourage a new downtown Providence hotel promoted by developer and former state Representative Vincent Mesolella. Supporters say Providence needs more hotel rooms to attract bigger conventions, but opponents say state money should not subsidize a politically connected developer. The bill passed, 21-11.

11) OVERRIDE BUDGET VETO: July 30, 2004 vote to override Carcieri’s veto of the budget. Carcieri argued that the budget spent excessively and granted more power to the legislature, particularly over state college and university budgets. Legislative leaders countered that the budget contained more aid for schools and local government, helping to ease property tax increases. The override succeeded, 24-6.

12) OVERRIDE VETO OF CASINO REFERENDUM: July 23, 2004 vote to override Carcieri’s veto of a casino referendum, sponsored by state Senator Stephen Alves (D-West Warwick), to place a referendum on the November ballot asking voters to approve a casino in West Warwick. Supporters say casino gambling will produce state revenue, but opponents say a casino will produce little if any gain in state revenue and cause social problems. The override succeeded, 21-12.

HOUSE VOTES

1) INCREASE MINIMUM WAGE: April 29, 2003 vote on H5115 (see Senate vote No. 1 above). The bill passed, 61-6, and became law.

2) STRONG STATE POWER TO IMMUNIZE AND QUARANTINE: June 26, 2003 vote on S318 (see Senate vote No. 2 above). The bill passed, 45-13, and Carcieri signed it into law.

3) SEPARATION OF POWERS: May 21, 2003 vote on H5081 (see Senate vote No. 3 above). The bill passed, 71-1, and the constitutional question will be on the November ballot.

4) RAISE MEAL TAX TO HELP CITIES AND TOWNS: June 27, 2003 vote on a budget amendment, offered by state Representative Joseph Trillo (R-Warwick), to remove the proposed one percent sales tax on meals and beverages from the state budget. Supporters of the tax say it will provide Rhode Island towns with $9.5 million a year and prevent increases in the property tax. Trillo responded that in tough times government should spend less, not more. The tax was supported, 51-14, and became law. A "yes" vote is a vote for the tax. .

5) CUT KENNEL OWNERS SHARE: June 27, 2003 vote on a budget amendment, offered by state Representative David Caprio (D-Narragansett), to reduce the share of video slot machine proceeds going to Lincoln Greyhound Park dog owners. Current law calls for them to receive five percent, but the proposed budget reduces that to 3.4 percent. Carcieri wanted it reduced to zero. Caprio’s amendment would have cut the percentage to 2.5 percent. The amendment was defeated, 19-44. Other amendments to reduce the kennel owners’ share were defeated by almost identical margins. A "yes" vote is a vote for Caprio’s amendment to further reduce the kennel owners’ share.

6) NO GUNS FOR ABUSERS: May 27, 2004 vote on H7368, sponsored by Joanne Giannini (D-Providence), to allow Family Court judges to order subjects of long-term restraining orders to surrender their guns. Designed to protect the victims of domestic violence, the bill would authorize judges to take away guns only after a hearing. While supporters say the bill would protect women from abusive husbands and boyfriends, opponents say the proposed law would give victims a false sense of security and abridge gun-ownership rights. The bill passed, 43-17, but died in the Senate.

7) FOOD STAMPS FOR DRUG FELONS: June 18, 2004 vote on a section of the budget to permit those convicted of drug-related felonies to apply for food stamps. Current law allows all felons, except those convicted of drug crimes, to apply for food stamps. Supporters say the lifetime ban harms those who serve their sentences and reform. Opponents say the law should be kept to discourage drug use. The ban was repealed, 50-14, and became law.

8) LABEL BST MILK: June 24, 2004 vote on H7444, sponsored by state Representative Charlene Lima (D-Providence), to require milk produced from cows treated with BST or other synthetic hormones to be labeled when sold. Supporters say consumers have a right to know what is in their milk, while opponents argue the hormone treatments have not been proven harmful. The bill passed, 45-23, but died in the Senate.

9) EASE SELLING TOBACCO TO MINORS PENALTY: June 25, 2004 vote on S2737, sponsored by state Senator Michael McCaffrey (D-Warwick), to bar judges from suspending a retailer’s license to sell cigarettes after they are caught selling to minors three or four times. Current law allows judges to waive suspension if a retailer with repeated violations demonstrates they are taking steps to stop illegal sales. The bill removes that discretion from judges and requires them to waive the suspension if the retailer is taking steps to reform. Supporters say small store owners with untrained workers may violate the law by mistake. Opponents say judges should make the decision. The bill passed, 47-11, and passed the Senate unanimously, but the governor vetoed it.

10) TAX CREDITS FOR PROVIDENCE HOTEL: June 25, 2004 vote on H8011, (see Senate vote No. 10 above). The bill passed, 46-23, but Carcieri vetoed it.

11) OVERRIDE BUDGET VETO: July 23, 2004 vote to override Carcieri’s veto of the state budget (see Senate vote No. 11 above). The override passed, 55-15, and the budget became law despite Carcieri’s objections.

12) OVERRIDE VETO OF CASINO REFERENDUM: July 30, 2004 vote to override Carcieri’s veto of S2338 (see Senate vote No. 12 above). The override, which requires a three-fifths vote, passed, 47-19, but judges subsequently removed the referendum from the ballot.