2022 -- H 7425

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LC004325

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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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 (INITIATIVE AND

REFERENDUM)

     

     Introduced By: Representatives Perez, Vella-Wilkinson, J Lombardi, Hull, and
McLaughlin

     Date Introduced: February 09, 2022

     Referred To: House State Government & Elections

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     RESOLVED, That a majority of all 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 therein of Article VI Sections 1 and 2

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which are hereby amended to read as follows:

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ARTICLE VI

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OF THE LEGISLATIVE POWER

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     Section 1. Constitution supreme law of the state Constitution is supreme. -- This

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Constitution shall be the supreme law of the state, and any law inconsistent therewith shall be

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void. The general assembly shall pass all laws necessary to carry this Constitution into effect. The

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legislative power of the state shall be vested in a general assembly, consisting of a senate and a

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house of representatives, both to be elected by the people, but the people reserve to themselves

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the power to propose laws and amendments to the constitution and to enact or reject the same at a

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general election without the approval of the general assembly, and also reserve the power at their

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own option to approve or reject at a general election any act, section or part of any act of the

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general assembly.

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     Section 2. Power vested in general assembly – Concurrence of houses required to enact

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laws – Style of laws. Power to enact legislation. -- Enactment and style of laws. -- Power of the

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general assembly. – Initiative and referendum. – (a). The legislative power, under this

 

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Constitution, and subject to the reservations set forth in Section 1 of this article, shall be vested in

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two houses, the one to be called the senate, the other the house of representatives; and both

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together the general assembly. The concurrence of the two houses shall be necessary to the

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enactment of laws. The style of their laws shall be, It is enacted by the general assembly as

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follows:

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     (b) The people reserve to themselves the right and the power to propose laws and

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amendments to the constitution and to adopt or reject the same. Qualified voters shall have the

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power through petition to enact statutes and to amend the constitution at general elections. This

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power shall be known as initiative and referendum. No initiative shall be permitted which shall

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abridge the civil rights or liberties, including those guaranteed by Article I of the Rhode Island

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Constitution, or attempt to preclude the expansion of civil rights, of any individual or group of

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individuals and no initiative shall be permitted which would repeal or amend this sentence. The

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superior court shall have original jurisdiction to hear complaints arising under this section on an

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expedited basis. Any individual shall have standing to bring an action at any time to enforce this

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section.

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     (c) This article does not permit the proposal of any constitutional amendment that

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appropriates state revenue. This article does not permit the proposal of any constitutional

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amendment that diminishes state revenues by the reduction or limitation of a tax or fee. This

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article does not permit the proposal of any constitutional amendment that affects the generation or

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expenditure of state revenues through the ordinary legislative budget process.

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     (d) This article does not permit the proposal of any statute or statutory amendment that

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makes an appropriation or otherwise requires the expenditure of money, unless such statute or

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amendment also enacts a commensurate increase in revenues and/or decreases in revenue

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appropriations, not prohibited by the Constitution; provided, however, that this requirement shall

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not apply to a proposal for the appropriation or expenditure of less than five hundred thousand

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dollars ($500,000), which amount shall be adjusted annually, commencing with the fiscal year

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beginning on or after July 1, 2023, to reflect changes in the cost-of-living as determined by the

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United States government. This article does not permit the proposal of any statute or any statutory

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amendment that diminishes state revenue, unless such statute or statutory amendment also enacts

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a commensurate increase in revenues and/or decreases in revenue appropriations to accommodate

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the projected reduction in state revenue. Any initiative affecting the state budget must be

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prospective in nature and may not be effective prior to the fiscal year subsequent to the general

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election.

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     (e) To be eligible to be placed on a general election ballot a statutory initiative petition

 

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shall be signed by at least a number of qualified voters equal to five percent (5%) of the total

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number of votes cast for the office of governor at the last preceding general election for that

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office, and a petition to amend the constitution shall be signed by at least a number of qualified

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voters equal to ten percent (10%) of the total number of votes cast for the office of governor at

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the last preceding general election for that office. To qualify for certification, signatures from at

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least fifty percent (50%) of the cities and/or towns, of which four (4) must be cities, must meet

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the above percentage requirements.

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     (f) For certified initiative petitions, initiative petitioners shall have three hundred sixty-

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five (365) days from the date the secretary of state has date and time stamped, assigned a petition

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reference number, and issued the first initiative petition forms to collect and file with the local

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canvassing authorities the requisite number of signatures, and such signatures may be filed

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separately with the authorities as they are collected by the petitioners. The local canvassing

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authorities shall certify the authenticity of the initiative petition signatures and advise the

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secretary of state within thirty (30) business days of receipt of each initiative petition form.

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     (g) (1) An initiative shall be approved by a majority of the qualified voters voting

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thereon. If so approved, it shall become part of the statutory law of the state or part of the

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Constitution as the case may be and shall take effect from and after the official declaration of the

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vote thereon by proclamation of the state board of elections, or its successor, but in no event later

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than thirty (30) days after the vote has been certified unless otherwise provided in the initiative

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petition.

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     (2) The veto power of the governor shall not extend to an initiative by the voters.

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     (3) If any provisions of constitutional amendments and/or laws approved by the people at

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the same election are in conflict with each other, then the provisions which received the largest

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number of affirmative votes at such election shall govern; and in any other case an initiative

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approved by the voters shall supersede any conflicting law.

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     (4) The general assembly shall provide such funds as may be required to implement an

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approved initiative.

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     (5) The general assembly shall not, within four (4) years after passage, repeal or alter any

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such statutory initiative unless by three-fourths (3/4) vote of both houses.

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     (6) Unless an initiative which has a singular or exclusive impact on any city or town is

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approved by a majority of those voting in that city or town, said initiative shall not take effect.

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     (h) The provisions of Article XIV of this Constitution shall not be construed to deny,

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limit or disparage the people’s right to propose or amend the Constitution through initiative and

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referendum.

 

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     (i) The general assembly shall enact implementing legislation for this section.

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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;

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and be it further

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

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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 clerks to the

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electors in the town, ward, or district meetings to be held as aforesaid; and be it further

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     RESOLVED, That the town, ward, or 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, or district

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

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district meetings for the statewide general election.

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LC004325

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