2019 -- S 0092

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LC000394

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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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 -- REFERENDUM ON LINE

ITEM VETO

     Introduced By: Senators Raptakis, Paolino, Morgan, Lombardi, and Algiere

     Date Introduced: January 16, 2019

     Referred To: Senate Rules, Government Ethics and Oversight

     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 it take the place of Article IX, Section 14, which 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 be reconsidered, and if approved by three-fifths of the members

present and voting in that house, it 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 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 sum or sums of

money described in the immediately preceding 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 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 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

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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

     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.

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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 -- REFERENDUM ON LINE

ITEM VETO

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     This proposed amendment to the Constitution would provide the governor with a line

item veto on the budget and other bills for the appropriation of money.

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