2024 -- S 2570

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LC005545

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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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 LEGISLATIVE POWER

     Introduced By: Senators Raptakis, de la Cruz, DeLuca, Rogers, Felag, F. Lombardi,
McKenney, LaMountain, E Morgan, and Paolino

     Date Introduced: March 01, 2024

     Referred To: Senate Finance

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

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

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

Constitution, for their approval, and that it take the place of Article VI, Section 16 and Section

17, which are hereby amended to read as follows:

ARTICLE VI

OF THE LEGISLATIVE POWER

     § 16. Borrowing power of general assembly. The general assembly shall have no powers,

without the express consent of the people, to incur state debts to an amount exceeding fifty

thousand dollars, except in time of war, or in case of insurrection or invasion; nor shall it in any

case, without such consent, pledge the faith of the state for the payment of the obligations of

others. No department or authority created by the state, and no corporation, quasi-public

corporation or other entity created directly by the state, shall have the power, without the express

consent of both the general assembly and the people, to incur state debts or to incur a debt to an

amount exceeding fifty thousand dollars, which would constitute a so-called moral obligation of

the state. This section shall not be construed to refer to any money that may be deposited with the

state by the government of the United States.

     § 17. Borrowing in anticipation of receipts.

     Notwithstanding the provisions of Section 16 of this article the general assembly may

provide by law for the state to borrow in any fiscal year, in anticipation of receipts from taxes,

sums of money not exceeding twenty percent of the receipts from taxes during the next prior

fiscal year, and, in anticipation of receipts from other sources, additional sums of money, not

exceeding ten percent of the receipts from such other sources during the said next prior fiscal

year; provided, that the aggregate of all such borrowings shall not exceed a sum equal to thirty

percent of the actual receipts from taxes during the said next prior fiscal year. Any money so

borrowed in anticipation of such receipts shall be repaid within the fiscal year of the state in

which such borrowings take place. No money shall be so borrowed in anticipation of such

receipts in any fiscal year until all money so borrowed in all previous fiscal years shall have

been repaid. Provided, no department or authority created by the state, and no corporation or

quasi-public corporation or other entity created directly by the state, shall have the power, without

the express consent of both the general assembly and the people, to incur state debts or to incur a

debt to an amount exceeding fifty thousand dollars, which would constitute a so-called moral

obligation of the state.

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

of Article VI, Section 16 and Section 17 of the Constitution; and be it further

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

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

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

officers of the state; and be it further

     RESOLVED, That the secretary of state shall cause the said proposition of amendments

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

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

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

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

meetings to be held as aforesaid; and be it further

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

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

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

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 LEGISLATIVE POWER

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     This Joint Resolution would propose to the voters of the state a constitutional amendment

which would provide that no department or authority created by the state, and no corporation or

quasi-public corporation created directly by the state, would have the power, without the express

consent of the general assembly and the people, to incur state debts or to incur a debt to an

amount exceeding fifty thousand dollars, which would constitute a so-called moral obligation of

the state.

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