WHEREAS, Section 3 of Article X 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, on November 6, 1996, Governor Lincoln Almond requested the Justices of this Court to render an advisory opinion upon the following question:

Does the governor have authority pursuant to Article 9, Section 5 of the Rhode Island Constitution to fill a vacancy in the office of lieutenant governor for the remainder of a four-year term for that constitutional office?; and

WHEREAS, on January 22, 1997, the Justices rendered their opinions upon that question; and

WHEREAS, the advisory opinion subscribed by a majority of four Justices:

(1) Unequivocally (and repeatedly) reaffirmed the plenary legislative authority of the General Assembly (page 5, lines 7-18) (page 6, lines 10-13 & footnote 2) (page 6, line 16) (page 7, lines 2-5) (page 7, lines 18-19);

(2) Declined "to comment upon policy questions relating to the desirability or the necessity of filling a vacancy in this general office" (page 6, lines 5-7);

(3) Said that Article IX, Section 5, of the Constitution does authorize the Governor temporarily to fill a vacancy in the office of Lieutenant Governor (page 5, lines 20-21); (page 6, lines 8-9) (page 6, lines 14-15) (page 7, lines 10-12) (page 7, lines 17-19) ›In the words of Article IX, Section 5: "The governor may fill vacancies in office...until the same shall be filled by the general assembly, or by the people."!;

(4) Said that any person appointed by the Governor might be expected to serve until the next general election "unless the General Assembly were to take action that might diminish or shorten said period of service by providing another method for filling the vacancy for the remainder of the term of office." (page 7, lines 2-5);

(5) Reiterated the temporary nature of the Governor's limited appointive power under Article IX, Section 5 (page 7, lines 10-11); and

(6) Concluded as follows: "For the reasons stated, we answer the question addressed to us by the Governor in the affirmative with the caveat that action by the General Assembly might affect the length of the term that such an appointee might serve." (page 7, lines 17-19); and

WHEREAS, there is currently pending before the Senate of the State of Rhode Island a bill, 97-S 333, "An Act Relating to General State Officers," which, if enacted, would (i) authorize the Governor temporarily to fill vacancies in the office of Lieutenant Governor and (ii) require the General Assembly in grand committee to elect some person to fill any such vacancy; and

WHEREAS, in light of the recent majority advisory opinion of the four Justices, the Senate is in doubt as to the constitutionality of the proposed act; and

WHEREAS, only the Justices of the Supreme Court of the State of Rhode Island are capable of rendering an authoritative and dispositive interpretation of the pertinent provisions of our state Constitution; and

WHEREAS, the timely advice of the Justices of the Supreme Court of this State upon the terms of our state Constitution will answer questions raised (but not answered) by the previous advisory opinion of the four Justices, and avoid unnecessary and disruptive future confrontation between the Executive and Legislative branches of our State Government; now, therefore be it

RESOLVED. that in accordance with Section 3 of Article X 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 upon the following question of law:

Would the proposed act, 97-S 333, "An Act Relating to State General Officers," if duly enacted into law, be violative of Section 5 of Article IX of the Constitution of the State of Rhode Island and Providence Plantations? and be it further

RESOLVED, that the Senate respectfully requests that the Justices consider this issue on an expedited basis and render their opinion thereon as soon as possible; and be it further

RESOLVED, that a duly certified copy of this resolution, together with a copy of the bill, 97-S 333, be transmitted forthwith by the reading clerk of the Senate to the clerk of the Supreme Court, to be presented immediately to the Justices of said court for their consideration.