Critics see voter initiative as a tool of monied interests and say it could erode minority rights.

01:00 AM EDT on Thursday, April 6, 2006

BY SCOTT MacKAY
Journal Staff Writer

PROVIDENCE -- A major Senate committee voted against a voter-initiative measure last night, dimming considerably chances that the General Assembly will allow voters to decide this year whether to add Rhode Island to the roll of 24 states that allow voters to enact laws through referendum questions submitted by petition.

After a protracted hearing and debate, the Senate Committee on Constitutions and Gaming Issues voted 6 to 4 against legislation that would have asked voters in November whether they wanted voter initiative.

Voting against initiative were Senate President Joseph Montalbano, D-North Providence, Senate Majority Leader M. Teresa Paiva Weed, D-Newport, Senators Maryellen Goodwin, D-Providence, John Tassoni, D-Smithfield, Daniel DaPonte, D-East Providence, and Stephen Alves, D-West Warwick.

Supporting initiative were Senators Dennis Algiere, R-Westerly, David Bates, R-Barrington, Marc Cote, D-Woonsocket, the longtime sponsor of initiative, and Michael Lenihan, D-East Greenwich.

The action came after almost four hours of discussion and debate -- much of it familiar -- at a well-attended hearing at the State House.

Supporting voter initiative were those who believe it is needed to check the power of the legislature and give citizens an alternative when their elected lawmakers fail to follow the people's will.

Opponents asserted initiative would allow the majorities to trample minority rights and use the ballot referendum power to ban same-sex marriage and end some forms of affirmative action. Since 2004, 13 states have used voter initiative to bar gay marriage.

Paiva Weed and Montalbano said they were concerned that monied interests could use initiative to enact such legislation as denying health benefits to undocumented immigrant children or children made ill by lead paint.

Some proponents said states with voter initiative have lower taxes. For example, Bruce Lang, of Newport, a business leader and vocal supporter of initiative, said in testimony that various studies show Rhode Island to have an unfavorable business and tax climate.

But Senator Paiva Weed said she is tired of people comparing Rhode Island income taxes to Massachusetts and saying that taxes are lower in the Bay State. That is true, Paiva Weed said, only for taxpayers making about $250,000 a year or more.

Much of the testimony last night concerned whether civil rights would be endangered by voter initiative. The legislation fashioned by Senator Cote, the Woonsocket Democrat who has pushed initiative for more than a dozen years, aims to protect civil rights by establishing an expedited Superior Court review of any ballot question.

"This is not a California voter initiative," said Lenihan. "This is a unique bill crafted to Rhode Island's interests."

Voter initiative is supported by Republican Governor Carcieri and his communications director, Steve Kass, testified before the vote. Kass, a former talk show host, said he has been following the issue since 1979.

Massachusetts, Kass said, used initiative to pass Proposition 2 1/2, which limited property-tax increases. He said Massachusetts teachers' unions lobbied hard against it.

"Many of the teachers told the children there would be no money for pencils and no money for books," said Kass. "I notice that Massachusetts has the highest test scores in the country, so it must be a wonderful thing."

Rodney Driver, of South Kingstown, a former state representative, said lawmakers have no monopoly on good ideas and said voters could be trusted.

"The legislature has passed some pretty bad bills over the years," said Driver.

Supporters pointed to an Alpha Research Associates public opinion survey showing that 59 percent of state voters approve of initiative. Opponents used a statistic from the same poll that showed only 13 percent of state voters said they were "very familiar" with the initiative concept.

While supporters promoted the 20,000 voters who signed petitions supporting initiative, some lawmakers said they have not received much input from constituents.

"I don't think I've received five phone calls on it," said Alves. "Every two years at election time if the voters don't feel we are responsive they can throw us out."

smackay@projo.com / (401) 277-7321