06-R 363

2006 -- S 3198

Enacted 06/22/06

 

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

RESPECTFULLY REQUESTING THE JUSTICES OF THE SUPREME COURT TO GIVE A WRITTEN OPINION UPON CERTAIN QUESTIONS OF LAW

     

    

     Introduced By: Senators Badeau, J Montalbano, Ruggerio, Ciccone, and Tassoni

     Date Introduced: June 22, 2006

 

 

 

     WHEREAS, Article X, Section 3 of the Constitution of the State of Rhode Island and

Providence Plantations provides that "the judges of the supreme court shall give their written

opinion upon any question of law whenever requested by the governor or by either house of the

general assembly"; and

     WHEREAS, Article IX, Section 5 of the Constitution of the State of Rhode Island states

that "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"; and

     WHEREAS, Article IX, Section 5 was approved by a majority of the electorate in a

statewide referendum on November 2, 2004, and that result was certified by the Board of

Elections on November 23, 2004; and

     WHEREAS, Pursuant to 2003 Public Laws, Chapter 410, the general assembly enacted

"An Act Relating to Insurance Workers' Compensation Insurance Fund," also known as the

Beacon Mutual Insurance Company pursuant to Section 2 Definitions at (2) of said act; and the

purpose of the fund, inter alia, was to "ensure that all employers in the State of Rhode Island have

the opportunity to obtain workers' compensation insurance at the lowest possible price"; and

     WHEREAS, Pursuant to Section 4 of the act, the governor appoints four (4) of the seven

(7) members of the board of directors and the terms of the current appointment expire on

November 29, 2006; and

     WHEREAS, The question of constitutionality presented below is a pure question of law

involving the consideration of the proposed legislation in light of the language of the

Constitution; now, therefore be it

     RESOLVED, That in accordance with Article X, Section 3 of the Constitution of the

State of Rhode Island and Providence Plantations, the Senate of the State of Rhode Island hereby

respectfully requests the Justices of the Rhode Island Supreme Court to give a written opinion, on

an expedited basis, upon the following question of law concerning the proposed act, 2006-S 2882:

     (1) Does Article IX, Section 5 of the Rhode Island Constitution require that the

governor's next appointments to the board of directors of Beacon Mutual Insurance Company be

made by and with the advice and consent of the Senate?; and be it further

     RESOLVED, That a duly certified copy of this resolution, together with a copy of the bill

2006-S 2882, be transmitted by the Senate to the Clerk of the Supreme Court, to be presented

immediately to the Justices of said court for their consideration.

     

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LC03585

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