2003 -- S 1140 AS AMENDED

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LC03436

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2003

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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 (SEPARATION OF POWERS)

     Introduced By: Senator J. Michael Lenihan

     Date Introduced: June 11, 2003

     Referred To: Senate held on desk

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     WHEREAS, The proposed amendments to Article III, section 6, Article V, Article VI,

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and Article IX, section 5 of the Constitution of the state are intended to have the collective effect

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of ensuring the separation of governmental power among the three distinct branches of state

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government: the legislative branch, the executive branch, and the judicial branch; and are not

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intended to diminish or affect the nature and scope of each branch’s inherent power but, rather, to

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ensure that, absent express and lawful delegation, one branch does not exercise the power of

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another branch; and

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     WHEREAS, The addition of the words “separate and distinct” to Article V of the

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Constitution affirms that the three branches of government are and shall be separate from each

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other and distinct in the nature of the power exercised by each; except insofar as the general

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assembly chooses to delegate, according to law, certain of its legislative powers to the executive

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branch; and

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     WHEREAS, The deletion of Article VI, section 10 from the Constitution eliminates the

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provision pursuant to which the general assembly has historically exercised power, executive in

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nature and in excess of its legislative power; but does not diminish or affect, in any way, the

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legislative power of the general assembly, which power the general assembly retains in full; and

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     WHEREAS, The amendment to Article III, section 6 of the Constitution, by providing

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expressly that no official or member of one branch of government shall hold simultaneously a

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position in another branch of government, further ensures the separation of governmental power

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among the three branches of state government; and

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     WHEREAS, The amendment to Article IX, section 5 of the Constitution vests in the

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governor, by and with the advice and consent of the senate, the power to appoint persons

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exercising executive power; except insofar as the general assembly may by law vest the power to

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appoint such inferior officers, as it deems proper, in the governor or in other specified officials of

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the department in which the appointment is to be made; and does not affect the appointment

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powers of the lieutenant governor, the treasurer, the attorney general, or the secretary of state; be

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it hereby

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

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assembly voting therefore, the following amendments to the Constitution of the state be proposed

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to 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 the following sections are hereby amended, effective on

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January 1, 2005, to read as follows:

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     ARTICLE III

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     OF QUALIFICATION FOR OFFICE

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     Section 6. Holding of offices under other governments. -- Senators and

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representatives not to hold other appointed offices under state government. -- No person

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holding any office under the government of the United States, or of any other state or country,

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shall act as a general officer or as a member of the general assembly, unless at the time of taking

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such engagement that person shall have resigned the office under such government; and if any

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general officer, senator, representative, or judge shall, after election and engagement, accept any

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appointment under any other government, the office under this shall be immediately vacated; but

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this restriction shall not apply to any person appointed to take deposition or acknowledgment of

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deeds, or other legal instruments, by the authority of any other state or country.

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     No senator or representative shall, during the time for which he or she was elected, be

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appointed to any state office, board, commission or other state or quasi-public entity exercising

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executive power under the laws of this state, and no person holding any executive office or

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serving as a member of any board, commission or other state or quasi-public entity exercising

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executive power under the laws of this state shall be a member of the senate or the house of

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representatives during his or her continuance in such office.

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     ARTICLE V

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     OF THE DISTRIBUTION OF POWERS

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     The powers of the government shall be distributed into three (3) separate and distinct

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departments: the legislative, the executive and the judicial.

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     ARTICLE VI

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     OF THE LEGISLATIVE POWER

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     Section 10. Continuation of previous powers. -- The general assembly shall continue

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to exercise the powers it has heretofore exercised, unless prohibited in this Constitution.

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     ARTICLE IX

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     OF THE EXECUTIVE POWER

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     Section 5. Authority to fill vacancies. -- The governor may fill vacancies in office not

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otherwise provided for by this Constitution or by law, until the same shall be filled by the general

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assembly, or by the people.

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     Section 5. Powers of appointment. -- The governor shall, by and with the advice and

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consent of the senate, appoint all officers of the state whose appointment is not herein otherwise

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provided for and all members of any board, commission or other state or quasi-public entity

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which exercises executive power under the laws of this state; but the general assembly may by

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law vest the appointment of such inferior officers, as they deem proper, in the governor, or within

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their respective departments in the other general officers, the judiciary or in the heads of

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departments.

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     RESOLVED, That the said proposition of amendments 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 amendments

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

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

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

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

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meetings to be held as aforesaid; and be 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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LC03436

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