2019 -- S 0092

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LC000394

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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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 -- REFERENDUM ON LINE

ITEM VETO

     

     Introduced By: Senators Raptakis, Paolino, Morgan, Lombardi, and Algiere

     Date Introduced: January 16, 2019

     Referred To: Senate Rules, Government Ethics and Oversight

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

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assembly voting therefor, the following amendment to the Constitution of the state be proposed to

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the qualified electors of the state in accordance with the provisions of Article XIV of the

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Constitution, for their approval, and that it take the place of Article IX, Section 14, which is

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hereby amended to read as follows:

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ARTICLE IX – OF THE EXECUTIVE POWER

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     Section 14. Veto power of governor -- Veto overrides by general assembly -- Acts

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effective without action by governor -- Every bill, resolution, or vote (except such as relate to

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adjournment, the organization or conduct of either or both houses of the general assembly, and

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resolutions proposing amendment to the Constitution) which shall have passed both houses of the

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general assembly shall be presented to the governor. If the governor approve it the governor shall

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sign it, and thereupon it shall become operative, but if the governor does not approve it the

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governor shall return it, accompanied by the governor's objections in writing to the house in

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which it originated, which shall enter the governor's objections in full upon its journal and

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proceed to reconsider it. If, after such reconsideration, three-fifths of the members present and

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voting in that house shall vote to pass the measure, it shall be sent with the objections, to the other

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house, by which it shall likewise be reconsidered, and if approved by three-fifths of the members

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present and voting in that house, it shall be determined by ayes and nays and the names of the

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members voting for and against the measure shall be entered upon the journal of each house,

 

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respectively. If the measure shall not be returned by the governor within six days (Sundays

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excepted) after it shall have been presented to the governor the same shall become operative

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unless the general assembly, by adjournment, prevents its return, in which case it shall become

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operative unless transmitted by the governor to the secretary of state, with the governor's

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disapproval in writing within ten days after such adjournment.

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     If any bill presented to the governor shall address appropriation of money, the governor

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may:

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     (a) Approve the bill in like manner as the passage of other bills set forth in this section;

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     (b) Reduce any sum or sums of money appropriated in the bill while approving other

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portions of the bill, in which case the portions of the bill so approved by the governor shall also

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become law unless the general assembly repasses the original sum or sums according to the rules

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and limitations prescribed in this section for the passage of other bills over the governor's veto,

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provided that each sum of money so reduced by the governor shall be separately and individually

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reconsidered by the general assembly; or

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     (c) Disapprove one or more items or parts of items of the bill (other than sum or sums of

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money described in the immediately preceding subsection (b) of this section), in which case any

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portions of the bill so approved by the governor shall not become law unless the general assembly

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repasses the original version of the item or part of an item according to the rules and limitations

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prescribed in this section for the passage of other bills over the governor's veto, provided:

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     (1) That each item or part of an item so disapproved by the governor shall be separately

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and individually reconsidered by the general assembly;

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     (2) Further, that in approving the bill in part, the governor may not create:

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     (i) A new word by rejecting individual letters in the words; or

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     (ii) A new sentence by combining parts or two (2) or more sentences; and

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     (3) Further, that to the extent an item or part of an item disapproved by the governor

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constitutes a condition, including, but not limited to, directing or restricting the use, of an

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appropriated fund, the sum corresponding to the specific item of appropriated fund to which the

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disapproved condition applies shall not be reduced but remain as part of the general appropriated

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funds.

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     RESOLVED, That this amendment shall take, in the Constitution of the state, the place of

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Section 14 of Article IX of the Constitution;

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     It is further

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     RESOLVED, That the said proposition of amendment shall be submitted to the electors

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for their approval or rejection at the next statewide general election. The voting places in the

 

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several cities and towns shall be kept open during the hours required by law for voting therein for

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general officers of the state; and be it further

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     RESOLVED, That the secretary of state shall cause the said proposition of amendment to

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be published as a part of this resolution in the newspapers of the state prior to the date of the said

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meetings of the said electors; and the said proposition shall be inserted in the warrants or notices

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to be issued previous to said meetings of the electors for the purpose of warning the town, ward,

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or district meetings, and said proposition shall be read by the town, ward, or district meetings to

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be held as aforesaid; it further

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     RESOLVED, That the town, ward, and district meetings to be held aforesaid shall be

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warned, and the list of voters shall be canvassed and made up, and the said town, ward, and

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district meetings shall be conducted in the same manner as now provided by law for the town,

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ward, and district meetings for the election of general officers of the state.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

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 -- REFERENDUM ON LINE

ITEM VETO

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     This proposed amendment to the Constitution would provide the governor with a line

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item veto on the budget and other bills for the appropriation of money.

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