State House Report: Compassion Centers, the Landfill & Foreclosure Protection

Saturday, May 12, 2012

 

In a move that will surely please most Rhode Islanders, this week the General Assembly made major strides toward protecting consumers’ rights. Not only did the House approve legislation designed to end price gouging at the gas pumps, but the Senate also passed a bill that looks to protect active-duty service members from foreclosure. Additionally, the Senate approved medical marijuana compassion centers and agreed upon legislation requiring new air testing at the Johnston landfill. Lastly, the Senate Health and Human Services Committee OKd a proposal to ban adults from smoking in vehicles while a child is present.

Senate Approves Compassion Centers

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Rhode Island has moved one step closer to allowing medical marijuana compassion centers in the state. The bill, sponsored by Sen. Rhoda E. Perry (D), attempts to amend the state’s 2009 law, which established compassion centers. The original law invited federal involvement due to several loopholes, leading Gov. Lincoln Chafee to delay the issuance of compassion center licenses. Sen. Perry’s new proposal caps the amount of marijuana that compassion centers can grow and possess, addresses concerns about the illegal sale of medical marijuana, and includes multiple security measures, including criminal background checks for compassion center employees. Collectively, such safeguards will reduce the risk of federal involvement in the state’s compassion centers. Additionally, compassion center laws will be enacted, which will be overseen by the State Police.

“What’s important to us is getting the licensing process back on track so the facilities can open and safely get some relief to suffering people. Every day these centers aren’t open is another day that many sick and dying Rhode Islanders and their families or caregivers are forced to turn to unsafe, illegal means to get their medicine,” said Sen. Perry. “These amendments will make the centers more secure, protecting patients, their medicine and employees at the facilities, and hopefully reduce the possibility that the federal government would interfere with Rhode Islanders’ decision to have compassion for those in pain. The goal is to make sure people can access their medicine safely.”

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Although Rhode Island initially approved three compassion centers in the 2009 bill, two centers have been agreed upon so far by the Department of Health. That said, the new guidelines present in Sen. Perry’s legislation should make the approval process move more quickly.

Senate OKs Bill to Require Air Testing at Landfill

Now that the unbearable odor surrounding the Johnston landfill has cleared, lawmakers are determined to ensure that it doesn’t return. The Senate has approved legislation sponsored by Sen. Frank Lombardo (D), which requires the Resource Recovery Corporation to establish an off-site ambient air-monitoring network. The proposed network would include at least four monitoring locations, three in Johnston and one in Cranston, to constantly monitor the landfill’s air quality. The RRC must continue air testing until 2022, according to the bill.

“Resource Recovery has an obligation to the health and welfare of its neighbors and the safety of the environment,” said Sen. Lombardo. “Fixing a problem after it happens is not satisfactory. The corporation needs to be prepared, to be aware of what is going on before it gets too bad.”

Sen. Lombardo added: “We need to make sure we take all necessary precautions regarding air quality around the landfill because these airborne contaminants are not just a nuisance and they don’t just smell bad. They can be harmful to people’s health.”

The bill now goes to the House of Representatives for consideration. An identical House bill, (2012-H7910), sponsored by Rep. Stephen R. Ucci (D), was also approved this week.

Senate Passes Bill to Protect Active-Duty Service Members from Foreclosure

On Thursday, a bill passed the Senate that protects active-duty service members from foreclosure. Sponsored by Sen. Walter S. Felag (D), the legislation would qualify members of the military for a stay of foreclosure if the foreclosure notice were received during active duty or deployment. The foreclosure stay, which applies to members of the Army, Navy, Air Force, Marine Corps, Coast Guard and National Guard, is valid for nine months after a service members return home.

“I can’t begin to describe what an outrage I think it is for something like this to happen,” said Sen. Felag, Chairman of the Senate Committee on Special Legislation and Veterans’ Affairs. “I’m not suggesting mortgage holders don’t have a right to proceed with valid foreclosures, but I think there should be a little flexibility when those proceedings involve someone serving our country. I think the banks and lenders can be patriotic enough to wait a little while."

Sen. Felag went on to say: “When these brave service people come home, they should have a home to return to. There is ample time for lenders to do what they need to do. I would hope they would try to work things out with these homeowners who have given their time to their country. I would hope they would try to help returning service people stay in their homes.”

The bill now goes to the House of Representatives for consideration. A companion House bill, introduced by Rep. Raymond E. Gallison Jr. (D), passed the House last week.

Senate Smoking Ban Bill

On Wednesday, the Senate Health and Human Services Committee approved a bill that would make it illegal to smoke in a car when children are present. Proposed by Sen. Susan Sosnowski (D), the legislation enables police to issue verbal warnings to adults caught smoking in cars while children are in the vehicle. The bill defines children as someone young enough to require a car seat. Sen. Sosnowski’s proposal originally called for a $25 fine for adults, but was altered to a verbal warning. As a result of American Civil Liberties Union concerns, Sen. Sosnowski was also forced to amend the bill to specify that police cannot stop drivers solely for smoking with children in the car.

Although numerous states are presently considering similar bans, just five states (Maine, Arkansas, California, Louisiana, Oregon) have a child-smoking ban in effect. The bill must now go to the full Senate for a vote.

Azzinaro Price Gouging Bill Passes House

Although Rhode Island does not have a law prohibiting price gouging, the state is one step closer to protecting consumers against unjust gas prices. Earlier this week, a bill sponsored by Rep. Samuel A. Azzinaro (D), which would prohibit individuals and retailers from partaking in price gouging, passed the House. Price gouging is a term that refers to a circumstance in which a seller prices goods or commodities considerably higher than is considered reasonable or fair. The legislation restricts sellers from price gouging during a market emergency or in a state of emergency. Not exclusive to motor fuels, Rep. Azzinaro’s bill also applies to home heating fuels, food and water.

“It troubles me, especially considering how high gas prices are now, how much higher they could climb if someone tried to take advantage during a real emergency. We need a law to prevent that. We can’t do anything about normal price fluctuations on goods, whether it’s gasoline or food. But we can make sure that, in the face of some emergency, Rhode Islanders don’t get robbed,” said Rep. Azzinaro.

Rep. Azzinaro’s bill will now make its way to the Senate for consideration. The current average gas price in Rhode Island is $3.85 per gallon.

 

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