2018 -- S 2684

========

LC004455

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

____________

J O I N T   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 OF RHODE ISLAND

     Introduced By: Senators Pearson, Seveney, DiPalma, Conley, and Felag

     Date Introduced: March 20, 2018

     Referred To: Senate Judiciary

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

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

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

Constitution, for their approval, and that Article IX, Section 14 is hereby amended to read as

follows:

ARTICLE IX – OF THE EXECUTIVE POWER

     Section 14. Veto power of governor -- Veto overrides by general assembly -- Acts

effective without action by governor -- Every bill, resolution, or vote (except such as relate to

adjournment, the organization or conduct of either or both houses of the general assembly, and

resolutions proposing amendment to the Constitution) which shall have passed both houses of the

general assembly shall be presented to the governor. If the governor approve it the governor shall

sign it, and thereupon it shall become operative, but if the governor does not approve it the

governor shall return it, accompanied by the governor's objections in writing to the house in

which it originated, which shall enter the governor's objections in full upon its journal and

proceed to reconsider it. If, after such reconsideration, three-fifths of the members present and

voting in that house shall vote to pass the measure, it shall be sent with the objections, to the other

house, by which it shall likewise by reconsidered, and if approved by three-fifths of the members

present and voting in that house, it shall become operative in the same manner as if the governor

had approved it, but in such cases the votes of both houses shall be determined by ayes and nays

and the names of the members voting for and against the measure shall be entered upon the

journal of each house, respectively. If the measure shall not be returned by the governor within

six days (Sundays excepted) after it shall have been presented to the governor the same shall

become operative unless the general assembly, by adjournment, prevents its return, in which case

it shall become operative unless transmitted by the governor nor to the secretary of state, with the

governor's disapproval in writing within ten days after such adjournment.

     If any bill presented to the governor shall address appropriation of money, the governor

may:

     (a) Approve the bill in like manner as the passage of other bills set forth in this section;

     (b) Reduce any sum or sums of money appropriated in the bill while approving other

portions of the bill, in which case the portions of the bill so approved by the governor shall also

become law unless the general assembly repasses the original sum or sums according to the rules

and limitations prescribed in this section for the passage of other bills over the governor's veto,

provided that each sum of money so reduced by the governor shall be separately and individually

reconsidered by the general assembly; or

     (c) Disapprove one or more items or parts of items of the bill (other than the sum or sums

of money described in subsection (b) of this section), in which case any portions of the bill so

approved by the governor shall not become law unless the general assembly repasses the original

version of the item or part of an item according to the rules and limitations prescribed in this

section for the passage of other bills over the governor's veto, provided:

     (1) That each item or part of an item so disapproved by the governor shall be separately

and individually reconsidered by the general assembly;

     (2) Further, that in approving the bill in part, the governor may not create:

     (i) A new word by rejecting individual letters in the words; or

     (ii) A new sentence by combining parts or two (2) or more sentences; and

     (3) Further, that to the extent an item or part of an item disapproved by the governor

constitutes a condition, including, but not limited to, directing or restricting the use, of an

appropriated fund, the sum corresponding to the specific item of appropriated fund to which the

disapproved condition applies shall not be reduced but remain as part of the general appropriated

funds.

     RESOLVED, That this portion of the amendment shall take, in the Constitution of the

state, the place of Section 14 of Article IX of the Constitution;

     It is further

     RESOLVED, That Article VI of the Constitution of the state be amended by adding

LC004455 - Page 2 of 5

thereto the following section, to wit:

     Section 23. Budget consideration and reconciliation process.

     (a) The budget plan and bill or bills for proposed appropriations, when sent by the

governor to the general assembly, shall be referred as soon as practicable to the appropriate

committees of the house of representatives and the senate, and the house and senate committees

shall forthwith proceed to the consideration of the bill. The committees shall hear the budget

officer upon the bill as a whole or upon any item thereof or any proposed amendment thereto as

each may elect, and the committees may summon the budget officer to appear before it and to

furnish such information relative to the bill or any item therein, or any proposed amendment

thereto, as it may require, and the committees may in their discretion hear the proper person

representing any department or agency desiring to be heard with respect to any item or

amendment in the bill relating to the department or agency; provided, that nothing contained in

this section shall be construed to limit the right of the committees to hold public hearings upon

the bill as a whole or upon any item therein, or to summon any person for examination regarding

any item contained therein, or for the purpose of obtaining information necessary for a full and

proper consideration of the bill. The house and senate committees, after the consideration of the

bill, shall report the bill with its recommendation endorsed thereon to the respective house and

senate chambers for a full vote.

     (b) If, upon consideration by the house of representatives and the senate, there are

differences in the final budget that cannot be agreed upon, then a budget conference committee

shall be formed to review only the areas of the budget which differ. The joint conference

committee shall consist of three (3) members of the house of representatives to be appointed by

the house finance committee and three (3) members of the senate to be appointed by the senate

finance committee. The committee shall vote to approve a conference report which shall require

four (4) votes in the affirmative inclusive of two (2) votes from each chamber to be issued

without the possibility of amendments to the full body of the house of representatives and the full

body of the senate for a final vote. Once approved by both chambers the budget shall be amended

by the conference report and be considered passed in concurrence and shall then be transmitted to

the governor for signature or veto.

     It is further

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

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

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

general officers of the state; and be it further

LC004455 - Page 3 of 5

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

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

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

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

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

be held as aforesaid; it further

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

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

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

ward, and district meetings for the election of general officers of the state.

========

LC004455

========

LC004455 - Page 4 of 5

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

J O I N T   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 OF RHODE ISLAND

***

     This proposed amendment to the state constitution would provide for a budget

reconciliation process and would grant to the governor a line-item veto.

========

LC004455

========

LC004455 - Page 5 of 5