R 293

R 293

2003 – H 5081 AS AMENDED

Enacted 06/30/03

 

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 (SEPARATION OF POWERS)

    

     Introduced By: Representatives Gorham, Story, Savage, Almeida and Dennigan

     Date Introduced: June 11, 2003

 

 

     WHEREAS, The proposed amendments to Article III, section 6, Article V, Article VI,

and Article IX, section 5 of the Constitution of the state are intended to have the collective effect

of ensuring the separation of governmental power among the three distinct branches of state

government: the legislative branch, the executive branch, and the judicial branch; and are not

intended to diminish or affect the nature and scope of each branch’s inherent power but, rather, to

ensure that, absent express and lawful delegation, one branch does not exercise the power of

another branch; and

     WHEREAS, The addition of the words “separate and distinct” to Article V of the

Constitution affirms that the three branches of government are and shall be separate from each

other and distinct in the nature of the power exercised by each; except insofar as the general

assembly chooses to delegate, according to law, certain of its legislative powers to the executive

branch; and

     WHEREAS, The deletion of Article VI, section 10 from the Constitution eliminates the

provision pursuant to which the general assembly has historically exercised power, executive in

nature and in excess of its legislative power; but does not diminish or affect, in any way, the

legislative power of the general assembly, which power the general assembly retains in full; and

     WHEREAS, The amendment to Article III, section 6 of the Constitution, by providing

expressly that no official or member of one branch of government shall hold simultaneously a

position in another branch of government, further ensures the separation of governmental power

among the three branches of state government; and

     WHEREAS, The amendment to Article IX, section 5 of the Constitution vests in the

governor, by and with the advice and consent of the senate, the power to appoint persons

exercising executive power; except insofar as the general assembly may by law vest the power to

appoint such inferior officers, as it deems proper, in the governor or in other specified officials of

the department in which the appointment is to be made; and does not affect the appointment

powers of the lieutenant governor, the treasurer, the attorney general, or the secretary of state; be

it hereby

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

assembly voting therefore, the following amendments 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 the following sections are hereby amended, effective on

January 1, 2005, to read as follows:

ARTICLE III

OF QUALIFICATION FOR OFFICE

     Section 6. Holding of offices under other governments. -- Senators and

representatives not to hold other appointed offices under state government. -- No person

holding any office under the government of the United States, or of any other state or country,

shall act as a general officer or as a member of the general assembly, unless at the time of taking

such engagement that person shall have resigned the office under such government; and if any

general officer, senator, representative, or judge shall, after election and engagement, accept any

appointment under any other government, the office under this shall be immediately vacated; but

this restriction shall not apply to any person appointed to take deposition or acknowledgment of

deeds, or other legal instruments, by the authority of any other state or country.

     No senator or representative shall, during the time for which he or she was elected, be

appointed to any state office, board, commission or other state or quasi-public entity exercising

executive power under the laws of this state, and no person holding any executive office or

serving as a member of any board, commission or other state or quasi-public entity exercising

executive power under the laws of this state shall be a member of the senate or the house of

representatives during his or her continuance in such office.

ARTICLE V

OF THE DISTRIBUTION OF POWERS

     The powers of the government shall be distributed into three (3) separate and distinct

departments: the legislative, the executive and the judicial.

ARTICLE VI

OF THE LEGISLATIVE POWER

     Section 10. Continuation of previous powers. -- The general assembly shall continue

to exercise the powers it has heretofore exercised, unless prohibited in this Constitution.

ARTICLE IX

OF THE EXECUTIVE POWER

     Section 5. Authority to fill vacancies. -- The governor may fill vacancies in office not

otherwise provided for by this Constitution or by law, until the same shall be filled by the general

assembly, or by the people.

     Section 5. Powers of appointment. -- The governor shall, by and with the advice and

consent of the senate, appoint all officers of the state whose appointment is not herein otherwise

provided for and all members of any board, commission or other state or quasi-public entity

which exercises executive power under the laws of this state; but the general assembly may by

law vest the appointment of such inferior officers, as they deem proper, in the governor, or within

their respective departments in the other general officers, the judiciary or in the heads of

departments.

     RESOLVED, That the said proposition of amendments 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

     RESOLVED, That the secretary of state shall cause the said proposition of amendments

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; and be 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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LC00414

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