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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