New RI magistrates approved, other measures pass Senate
STATE

With session heading to a close, Senate goes into overdrive. Here's what passed.

Katherine Gregg
The Providence Journal

PROVIDENCE — On the road to possible adjournment in the coming week, the Rhode Island Senate on Thursday dashed through the confirmation of the Johnston mayor's wife — and others with political ties — as Family Court magistrates, embraced iGaming and approved the latest push to give tax-free, two-thirds-pay disability pensions to firefighters with heart conditions.

The Senate also unanimously confirmed Kimberly Merolla-Brito as the director of the state Department of Human Services, which administers financial-assistance programs for low-income families, including the massive Medicaid eligibility recertification now underway after a COVID-related hiatus.

Merolla-Brito has more than 23 years of experience in various sectors of state service. Before her appointment to acting director in August 2022, she served as the deputy director for policy and operations since 2017.

More:New crop of RI Traffic Tribunal and Family Court magistrates up for consideration. Here are the names.

Senate pushes through bill expanding disability pensions for firefighters

Working its way through a packed calendar, the senators approved the second bill this week to open more doors to disability pensions paying two-thirds pay, tax free for life.

The vote was 27-to-6 for Sen. Frank Lombardi's bill (S137) to create a presumption that heart disease, stroke or hypertension in a firefighter is the result of an "in-the-line-of duty injury/disability, unless the contrary can be proven by clear and convincing evidence."

Then-Gov. Gina Raimondo vetoed an earlier version of the bill in 2017.

When vetoing at the time, she said that while firefighters provide an "enormously important public service," at their own personal risk, there already is an accidental disability pension for work-related accidents and conditions, and that the bill would create a "significant new unfunded local pension benefit" for local cities in towns, likely leading to property tax increases.

This year's version gives a nod to the oft-raised argument that smoking and obesity can be the cause or, at the very least, a contributing factor to heart conditions and hypertension.

It says, "This presumption shall not apply to firefighters hired after July 1, 2023 ... if the firefighter had regularly or habitually used tobacco products" in the previous five years.

Though she was not the only nay vote, freshman Sen. Linda Ujifusa, D-Portsmouth, was the only senator to speak against the bill. She said there are so many risk factors for hypertension and heat disease, and these diseases are so prevalent, it would be very difficult I think to attribute that to specific occupational activities."

Earlier this week, the Senate approved a bill to allow police and firefighters diagnosed with "post-traumatic stress disorder" to retire, regardless of age, with potentially higher-paying disability pensions than they might otherwise receive.

There was no debate, despite reports out of Minnesota on the exploding pension bill a similar move led to there. It’s costing Minnesota $40 million more per year than expected.

iGaming makes it through the Senate

Only four senators voted no on Senate President Dominick Ruggerio's bill to allow Rhode Island's exclusive casino operator — Bally's and its partner, IGT — to add iGaming to their menu for players age 21 and up..

To avoid trouble with the state Constitution, the latest version of the bill would require Bally's to beam video of live casino dealers to Rhode Islanders' phones.

The gaming "simulcast" proposal came in response to Rhode Island Lottery concerns that Bally's initial iGaming plan could legally be considered a gambling expansion under the state Constitution and require statewide voter approval.

The game floor at Bally's Twin River Casino Resort in Lincoln.

Ujifusa was again one of the few dissenting voices, noting that lawmakers were being asked to vote without an analysis of the "potential economic and social costs to our citizens," especially "our most vulnerable populations, minorities, low-income, children" and anyone prone to addiction. Her concerns were echoed by Sen. Sam Bell, D-Providence, who said: "gambling addiction is a crisis," which iGaming on phones will only exacerbate.

The final vote was nonetheless 30 to 4 in favor of the bill, with Senate Finance Chairman Louis DiPalma and Senate Judiciary Chair Dawn Euer among those voting no.

Senate confirms Family Court magistrate picks

In quick order, the Senate approved:

  • Samantha Polisena, an assistant public defender with the Rhode Island Public Defender’s office since 2014 – and wife of Johnston Mayor Joseph Polisena Jr. – to a magistrate post in the court that presides over divorce, child custody and juvenile justice matters.
  • Ronald Cascione, a partner with Brennan, Recupero, Cascione, Scungio & McAllister who has served as a hearing officer for the Board of Review for the state's Department of Labor & Training and as a state-appointed mediator.
  • Susan Nahabedian, who from January 2021 through late March served as the chief of staff to Warwick Mayor Frank Picozzi. Before that, she worked as the director of personnel for the City of Cranston. Among those introduced on the Senate floor as her friends and family: Ray Simone, the chief of staff to the House speaker.

State law empowers these magistrates to hear juvenile justice and child custody matters, such as temporary placement, custody and adoption, as well as to enter divorce decrees.

Magistrate positions span 10 years, with a salary range of $172,198 to $206,637, according to the courts.