2012 -- S 2166

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LC00419

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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S E N A T E R E S O L U T I O N

TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF

AMENDMENT TO THE CONSTITUTION OF THE STATE (INITIATIVE AND

REFERENDUM)

     Introduced By: Senators Cote, Picard, Bates, Pinga, and E O`Neill

     Date Introduced: January 18, 2012

     Referred To: Senate Special Legislation and Veterans Affairs

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     RESOLVED, That a majority of all members elected to each house of the general

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assembly voting therefor, the following amendment to the constitution of the state be proposed to

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the qualified electors of the state in accordance with the provisions of Article XIV of the

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constitution for their approval and that it take the place of Article VI Sections 1 and 2 which are

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hereby amended to read as follows:

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     ARTICLE VI

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      Section 1. Constitution is supreme law of the state. -- This Constitution shall be the

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supreme law of the state, and any law inconsistent therewith shall be void. The general assembly

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shall pass all laws necessary to carry this Constitution into effect. The legislative power of the

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state shall be vested in a general assembly, consisting of a senate and a house of representatives,

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both to be elected by the people, but the people reserve to themselves the power to propose laws

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and amendments to the constitution and to enact or reject the same at a general election without

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the approval of the general assembly, and also reserve power at their own option to approve or

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reject at a general election any act, section or part of any act of the general assembly.

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      Section 2. Power vested in general assembly – Concurrence of houses required to enact

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laws – Style of laws. Power to enact legislation. -- Enactment and style of laws. -- Power of the

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general assembly. – Initiative and referendum. -- A. The legislative power, under this

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Constitution, and subject to the reservations set forth in Section 1 hereof, shall be vested in two

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houses, the one to be called the senate, the other the house of representatives; and both together

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the general assembly. The concurrence of the two houses shall be necessary to the enactment of

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laws. The style of their laws shall be, It is enacted by the general assembly as follows:

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      B. The people reserve the right to themselves the power to propose laws and amendments

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to the constitution and to adopt or reject the same. Qualified voters shall have the power through

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petition to enact statutes and to amend the constitution at general elections. This power shall be

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known as initiative and referendum. No initiative shall be permitted which shall abridge the civil

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rights or liberties, including those guaranteed by Article I of the Rhode Island Constitution, or

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attempt to preclude the expansion of civil rights, of any individual or group of individuals and no

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initiative shall be permitted which would repeal or amend this sentence. The superior court shall

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have original jurisdiction to hear complaints arising under this section on an expedited basis. Any

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individual shall have standing to bring an action at any time to enforce this section.

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      C. This article does not permit the proposal of any constitutional amendment that

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appropriates state revenue. This article does not permit the proposal of any constitutional

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amendment that diminishes state revenues by the reduction or limitation of a tax or fee. This

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article does not permit the proposal of any constitutional amendment that affects the generation or

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expenditure of state revenues through the ordinary legislative budget process.

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      D. This article does not permit the proposal of any statute or statutory amendment that

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makes an appropriation or otherwise requires the expenditure of money, unless such statute or

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amendment also enacts a commensurate increase in revenues and/or decreases in revenue

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appropriations, not prohibited by the constitution; provided, however, that this requirement shall

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not apply to a proposal for the appropriation or expenditure of less than five hundred thousand

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dollars ($500,000), which amount shall be adjusted annually commencing in fiscal year

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2011/2012 to reflect changes in the cost-of-living as determined by the United States government.

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This article does not permit the proposal of any statute or any statutory amendment that

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diminishes state revenue, unless such statute or statutory amendment also enacts a commensurate

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increase in revenues and/or decreases in revenue appropriations to accommodate the projected

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reduction in state revenue. Any initiative affecting the state budget must be prospective in nature

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and may not be effective prior to the fiscal year subsequent to the general election.

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      E. To be eligible to be placed on a general election ballot a statutory initiative petition

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shall be signed by at least a number of qualified voters equal to five percent (5%) of the total

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number of votes cast for the office of governor at the last preceding general election for that

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office, and a petition to amend the constitution shall be signed by at least a number of qualified

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voters equal to ten percent (10%) of the total number of votes cast for the office of governor at

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the last preceding general election for that office. To qualify for certification, signatures from at

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least fifty percent (50%) of the cities and/or towns, of which four (4) must be cities, must meet

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the above percentage requirements.

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      F. For certified initiative petitions, initiative petitioners shall have three hundred sixty-

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five (365) days from the date the secretary of state has date and time stamped, assigned a petition

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reference number, and issued the first initiative petition forms to collect and file with the local

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canvassing authorities the requisite number of signatures, and such signatures may be filed

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separately with the authorities as they are collected by the petitioners. The local canvassing

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authorities shall certify the authenticity of the initiative petition signatures and advise the

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secretary of state within thirty (30) business days of receipt of each initiative petition form.

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      G. (1) An initiative shall be approved by a majority of the qualified voters voting thereon.

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If so approved, it shall become part of the statutory law of the state or part of the constitution as

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the case may be and shall take effect from and after the official declaration of the vote thereon by

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proclamation of the state board of elections, or its successor, but in no event later than thirty (30)

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days after the vote has been certified unless otherwise provided in the initiative petition.

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      (2) The veto power of the governor shall not extend to an initiative by the voters.

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      (3) If any provisions of constitutional amendments and/or laws approved by the people at

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the same election are in conflict with each other, then the provisions which received the largest

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number of affirmative votes at such election shall govern; and in any other case an initiative

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approved by the voters shall supersede any conflicting law.

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      (4) The general assembly shall provide such funds as may be required to implement an

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approved initiative.

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      (5) The general assembly shall not, within four (4) years after passage, repeal or alter any

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such statutory initiative unless by three-fourths (3/4) vote of both houses.

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      (6) Unless an initiative which has a singular or exclusive impact on any city or town is

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approved by a majority of those voting in that city or town, said initiative shall not take effect.

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      H. The provisions of Article XIV of this constitution shall not be construed to deny, limit

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or disparage the people’s right to propose or amend the constitution through initiative and

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referendum.

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      I. The general assembly shall enact implementing legislation for this section.

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      RESOLVED, That the said proposition of amendment shall be submitted to the electors

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for their approval or rejection at the next statewide general election. The voting places in the

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several cities and towns shall be kept open during the hours required by law for voting therein;

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and be it further

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      RESOLVED, That the secretary of state shall cause said proposition of amendment to be

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published as a part of this resolution in the newspapers of the state prior to the date of the said

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meetings of the said electors; and the said proposition shall be inserted in the warrants or notices

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to be issued previous to said meetings of the electors for the purpose of warning the town, ward,

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or district meetings, and said proposition shall be read by the town, ward or district clerks to the

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electors in the town, ward, or district meetings to be held as aforesaid; and be it further

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      RESOLVED, That the town, ward, or district meetings to be held aforesaid shall be

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warned, and the list of voters shall be canvassed and made up, and the said town, ward, or district

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meetings shall be conducted in the same manner as now provided by law for the town, ward, and

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district meetings for the statewide general election.

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LC00419

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

S E N A T E R E S O L U T I O N

TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF

AMENDMENT TO THE CONSTITUTION OF THE STATE (INITIATIVE AND

REFERENDUM)

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     This resolution would propose an amendment to the state constitution by establishing a

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voter initiative process to allow voters to initiate proposed legislation which would, upon vote of

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the electorate, become law.

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LC00419

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