06-R
388
2006 -- H 8290
Enacted 06/23/06
H O U S 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:
Representatives E Coderre, and Williams
Date Introduced: June 23,
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,
There is currently pending before the house of representatives of the State of
Rhode
Island a bill, 06-H 8170, "An Act Relating to Waters and Navigation –
Coastal Resources
Management
Council," which, if enacted would reestablish the authority of the coastal
resources
management
council; and
WHEREAS,
As set forth in Article 1, Section 17 of the Rhode Island Constitution, it is
"the
duty of the general assembly to provide for the conservation of the air, land,
water, plant,
animal,
mineral and other natural resources of the state, and to adopt all means
necessary and
proper
by law to protect the natural environment of the people of the state by
providing adequate
resource
planning for the control and regulation of the use of the natural resources of
the state and
for
the preservation, regeneration and restoration of the natural environment of
the state"; and
WHEREAS,
The House of Representatives seeks to assure the people of the state by 06-
H
8170, that the general assembly intends to carry out its duty, and that the
proposal is
constitutional;
and
WHEREAS,
It is in the interests of all sides in the public-policy debate as well as the
interest
in legislative and judicial economy to have resolved the question of the
constitutionality
of
06-H 8170 at the earliest possible time; and the constitutionality of 06-H 8170
needs to be
determined
on an expedited basis; and
WHEREAS,
The questions of constitutionality presented below are pure questions of law
involving
consideration of the proposed legislation in light of the language of the
Constitution;
and
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 House of Representatives 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, 06-H 8170:
(1)
Would the proposed act, if duly enacted into law, which permits members of the
General
Assembly to sit as members of the Coastal Resources Management Council (CRMC)
as
set
forth in R.I.G.L. 46-23-2(a)(1) violate the constitutional amendment to Article
IX, Section 5,
so
called Separation of Powers Amendment, passed by the electorate on November 2,
2004,
which
calls into question the constitutionality of the appointing authority?
(2)
Would the proposed act, if duly enacted into law, permit the Speaker of the
House to
appoint
public members to the Coastal Resources Management Council (CRMC) as set forth
in
R.I.G.L.
46-23-2(a)(1)?
(3)
Is the Constitutional Amendment to Article IX, Section 5, so-called Separation
of
Powers
Amendment, passed by the electorate on November 2, 2004, which calls into
question the
constitutionality
of the appointing authority, self executing or does it require legislative
enactment
for its implementation?
(4)
Is the Coastal Resources Management Council (CRMC) by its nature, purpose, and
operation
a legislative function; and be it further
RESOLVED,
That a duly certified copy of this resolution, together with a copy of the
bill,
06-H 8170, be transmitted forthwith by the House of Representatives to the
clerk of the
Supreme
Court, to be presented immediately to the justices of said court for their
consideration.
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LC03592
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