| Introduced By: Senator Eleanor C. Sasso |
| Date Introduced: February 13, 1997 |
| Referred To: Senate Committee on Special Legislation |
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 sections 1 and 2 which are hereby amended to read as follows:
ARTICLE VI
SECTION 1. Constitution supreme. -- This constitution shall be the supreme law of the state, and any law inconsistent therewith shall be void. The legislative power of the state shall be vested in a general assembly, consisting of a senate and a house of representatives, both to be elected by the people, but the people reserve to themselves the indirect voter initiative, which is the power of a specified number of voters to submit amendments and laws to the constitution, enacted by the general assembly, to the people for their ratification or rejection.
SECTION 2. Power to enact legislation. -- Enactment and style of laws. -- Power of the general assembly. -- (A) The legislative power, under this constitution, and subject to the reservations set forth in section 1 hereof, shall be vested in two (2) houses, the one to be called the senate, the other the house of representatives; and both together the general assembly. The concurrence of the two houses shall be necessary to the enactment of laws. The style of their laws shall be,
It is enacted by the General Assembly as follows
(B) The people reserve to themselves the power to propose laws and amendments to the constitution, enacted by the general assembly, and thereafter to the people for their ratification or rejection. This power shall be known as the indirect initiative. Any indirect initiative which, if it were approved and enacted at the time it is proposed, would affect the existing budget, must be prospective in nature and not be effective until the next succeeding fiscal year after its approval. No indirect initiative shall be permitted which affects of concerns the political, personal or civil rights or liberties, including those guaranteed by Article I of the Rhode Island Constitution, of any individual or group of individuals. The superior court shall have original jurisdiction to hear complaints arising under this section. Any individual shall have standing to bring an action at any time to enforce this section. The style of such laws shall be, It is enacted by the people as follows:
(C)(1) An indirect initiative petition shall set forth the full text of the constitutional amendment or law, hereinafter designated as the measure, which is proposed by the petition.
To begin the initiative process, at least fifty (50) qualified voters must sign an application petition obtained from the board of elections continuing the proposal in one hundred and twenty-five (125) words or less, on such individual sheets as necessary and submit the same to the state board of elections, or its successor agency, for certification.
(2) Within ten (10) days of receipt, the board shall certify whether or not a sufficient number of qualified voters have signed the application.
(3) The attorney general shall within fifteen (15) business days of receiving the proposed indirect initiative, prepare a draft ballot text for the initiative.
The text of any measure to be indirectly initiated shall be as brief and concise as possible totaling no more than one hundred twenty-five (125) words and shall consist of: a caption which reasonably identifies the subject of the measure; a question which plainly phrases the chief purpose of the measure so that an affirmative response corresponds to an affirmative vote on the measure.
The attorney general shall also prepare a concise and impartial statement summarizing the measure and its major effect.
(4) The secretary of state shall, within ten (10) business days of receipt of the draft ballot text and summary statement from the attorney general, assign a number and have available the original petition papers. Petitioners may, at their own expense, have petition papers duplicated. The signatures obtained on said duplicated petition papers shall be considered valid if and only if, prior to any signatures being affixed, the duplicated petition papers have been date and time stamped and individually numbered by the secretary of state.
(5) Each petition paper shall be no larger than 8 1/2" x 14" in size and shall contain no more than twenty-five (25) signatures on either side (a total of no more than fifty ›50! signatures per paper). The name and address of each signatory must be printed legibly preceding the signature on each line of the petition paper. Any individual who signs an indirect initiative petition with any name other than his/her own shall be guilty of a felony. Any individual who knowingly signs an indirect initiative petition more than once shall be guilty of a misdemeanor.
(6) Each petition paper shall be limited to signatures from one (1) municipality.
(7) No section of a petition for any indirect initiative measure shall be circulated by any person who is not a Rhode island registered voter and at least eighteen (18) years of age at the time the section is circulated. All circulators who are not to be paid for circulating petitions shall display an identification badge issued by the petitioners, meeting design standards set by the board of elections that includes the words "VOLUNTEER CIRCULATOR" in bold faced type which is clearly legible and the circulator's name. All circulators who are to be paid for circulating petitions shall display an identification badge issued by the petitioners, meeting design standards set by the board of elections that includes the words "PAID CIRULATOR" in bold faced type which is clearly legible, the circulator's name, and the name and telephone number of the individual and/or firm employing the circulator. Each solicitor shall carry and offer for review by each prospective indirect initiative petition signer a copy of all such campaign finance reports relating to the indirect initiative as may be required by law. Any individual who violates these stipulations shall be guilty of a misdemeanor.
(8) Rhode Island campaign finance laws pertaining to contribution limits and reporting reporting requirements shall apply to any campaign in support of or in apposition to any indirect initiative.
(D)(1) No measure than relates to religion, religious practices or religious institutions; or to the appointment, qualification, tenure, removal, recall or compensation of judges; or to the reversal of a judicial decision; or to the powers, creation or abolition of courts; or the operation of which is restricted to a particular town, city or other political division or to particular districts or localities of the state; or that makes a specific appropriation of money from the treasury, shall be proposed by an indirect initiative petition; but if a law approved by the people is not repealed, the general assembly shall raise by taxation or otherwise and shall appropriate such money as may be necessary to carry such law into effect.
(2) If the enacted indirect initiative petition would involved expenditure of public money by the state, reduction of the expenditure of public money by the state, reduction of expenditure of public money by the state, reduction of state revenues or raising of funds by the state by imposing any tax or incurring any indebtedness, the secretary of state, the general treasurer and the director of administration shall estimate the amount of direct expenditure, direct reduction of expenditure, direct reduction in state revenues, direct tax revenue or indebtedness and interest which will be required to meet the provision of the indirect initiative. The estimate shall state the recurring annual amount involved or, if the indirect initiative does not involve a recurring annual amount, the total amount.
(3) The officials named shall also estimate the aggregate amount of direct expenditure, direct reduction of expenditure, direct reduction on revenues, direct tax revenue or indebtedness and interest which will be required by all cities and towns to meet the provisions of the indirect initiative.
(4) No proposition inconsistent with any one of the following rights of the individual, as at present declared in the declaration of rights, shall be the subject to an indirect initiative; the right to receive compensation for private property appropriated to public use; the right of access to and protection in courts of justice; the right of trial by jury; protection from unreasonable search, unreasonable bail and the law martial; freedom of the press; freedom of speech; freedom of elections; and the right of peaceable assembly.
(5) No part of the constitution specifically excluding any matter from the operation of the indirect initiative shall be the subject of an indirect initiative petition; nor shall this section be the subject of such a petition.
(6) The limitations on the legislative power of the general assembly in the constitution shall extend to the legislative power of the people as exercised hereunder.
(E) An indirect initiative petition shall be signed by at least a number of qualified voters equal to five percent (5%) of the number of votes cast in the preceding gubernatorial election, and a petition to amend the constitution shall be signed by at least a number of qualified voters equal to ten percent (10%) of the number of votes cast in the preceding gubernatorial election. To qualify for certification, signatures from at least thirty (30) cities and/or towns must meet the above percentage requirements.
(F) For certified indirect initiative petitions, indirect initiative petitioners shall have two hundred ten (210) days from the date the secretary of state has date and time stamped, numbered and distributed the indirect initiative forms to collect and file with the local canvassing authorities the requisite number of signatures, and such signatures may be filed separately with the authorities as they are collected by the petitioners. The local canvassing authorities shall certify the authenticity of the initiative petition signatures and advise the secretary of state within thirty (30) business days of receipt of the last petition.
(G) Exclusive of payment made to or received by paid circulators, any individual or group who gives or receives payment or anything of value for a signature shall be guilty of a misdemeanor.
(H) If an indirect initiative petition, signed by the required number of qualified voters, has been filed as aforesaid, the secretary of state shall, transmit it to the clerk of the house of representatives, and the proposed measure shall then be deemed to be introduced and pending.
(I) If a measure is introduced into the general assembly by indirect initiative petition, it shall be referred to a committee thereof, and the petitioners and all parties in interest shall be heard, and the measure shall be considered and reported upon to the general assembly with the committee's recommendations, and the reasons therefor, in writing. Majority and minority reports shall be signed by the members of said committee.
(J) The general assembly may, by resolution passed by yea and nay vote, either by the two (2) houses separately, or in the case of a constitutional amendment by a majority of those voting thereon in joint session in each of two (2) years as hereinafter provided, submit to the people a substitute for any measure introduced by indirect initiative petition, such substitute to be designated on the ballot as the legislative substitute for such an indirect initiative measure and to be grouped with it as an alternative therefor.
SECTION 3. Constitutional amendment. -- (A) A proposal for amendment to the constitution, introduced into the general assembly by indirect initiative petition shall be designated an indirect initiative amendment, and an amendment introduced by a member of either house shall be designated a legislative substitute or a legislative amendment.
(B) A proposal for an amendment to the constitution introduced by indirect initiative petition shall be voted upon in the form in which it was introduced, unless such amendment is amended by vote of three-fourths (3/4) of the members voting thereon in joint session, which vote shall be taken by call of the yeas and nays if called for by any member.
(C) Final legislative action in the joint session upon any amendment shall be taken only by call of the yeas and nays, which shall be entered upon the journals of the two (2) houses; and an unfavorable vote any stage preceding final action shall be verified by call of the yeas and nays, to be entered in like manner. At such joint session a legislative amendment receiving the affirmative votes of a majority of all the members elected, or an indirect initiative amendment receiving the affirmative votes of not less than one-fourth (1/4) of all the members elected, shall be referred to the next general assembly.
SECTION 4. Submission to the People. -- (A) If in the next general assembly a legislative amendment shall again be agreed to in joint session by a majority of all the members elected, or if an indirect initiative amendment or a legislative substitute shall again receive the affirmative votes of at least one-fourth (1/4) of all the members elected, such fact shall be certified by the clerk of such joint session to the secretary of state, who shall submit the amendment to the people at the next state election. Such amendment shall become part of the constitution if approved, in the case of a legislative amendment, by a majority of the voters voting thereon, or if approved, in the case of in indirect initiative amendment or a legislative substitute, by voters equal in number to at least thirty percent (30%) of the total number of ballots cast at such state election and also by a majority of the voters voting on such amendment.
(B) If the general assembly fails to pass a proposed law, before adjournment of the legislative session, a majority of the first ten (10) signers of the indirect initiative petition therefor shall have the right, subject to certification by the attorney general filed as hereinafter provided, to amend the measure which is the subject of such petition. An amendment so made shall not invalidate any signature attached to the petition. If the measure so amended, signed by a majority of the first ten (10) signers, is filed with the secretary of state before the first Wednesday of the following September, together with a certificate signed by the attorney general to the effect that the amendment made by such proposers is in his opinion perfecting in its nature and does not materially change the substance of the measure, and if such petition is completed by filing with the secretary of state, not earlier than the first Wednesday of the following September, nor later than the first Wednesday of the following October, a number of signatures of qualified voters equal in number to not less than one-half of one percent (.005%) of the entire vote cast for governor at the preceding biennial state election in addition to those signing such indirect initiative petition, which signatures must have been obtained after the adjournment of the legislative session, then the secretary of state shall submit the measure to the people in its amended form.
(C) If in any judicial proceeding, provisions of constitutional amendments or of laws approved by the people at the same election are held to be in conflict, then the provisions contained in the measure that received the largest number of affirmative votes at such election shall govern.
A constitutional amendment approved at any election shall govern any law approved at the same election.
The general assembly, by resolution passed as hereinbefore set forth, may provide for grouping and designating upon the ballot as conflicting measures or as alternative measures, only one (1) of which is to be adopted, any two (2) or more proposed constitutional amendments or laws which have been or may be passed or qualified for submission to the people at any one (1) election: provided, that a proposed constitutional amendment and a proposed law shall not be so grouped, and that the ballot shall afford an opportunity to the voter to vote for each of the measures or for only one (1) of the measures, as may be provided in said resolution, or against each of the measures so grouped as conflicting or as alternative. In case more than one (1) of the measures so grouped shall receive the vote required for its approval as herein provided, only that one (1) for which the largest affirmative vote was cast shall be deemed to be approved.
SECTION 5. Emergency measures. -- A law declared to be an emergency law shall contain a preamble setting forth the facts constituting the emergency, and shall contain the statement that such health, safety or convenience. A separate vote, which shall be recorded, shall be taken on the preamble, and unless the preamble is adopted by two-thirds (2/3) of the members of each house voting thereon, the law shall not be an emergency law. Upon the request of two (2) members of the senate or of five (5) members of the house of representatives, the vote on the preamble in such branch shall be taken by call of the yeas and nays. But if the governor, at any time before the election at which it is to be submitted to the people on referendum, files with the secretary of state a statement declaring that in his opinion the immediate preservation of the public peace, health, safety or convenience requires that such law should take effect forthwith and that it is an emergency law and setting forth the facts constituting the emergency, then such law, if not previously suspended as hereinafter provided, shall take effect without suspension, or if such law has been so suspended such suspension shall thereupon terminate and such law shall thereupon take effect: but no grant of any franchise or amendment thereof, or renewal or extension thereof for more than one (1) year shall be declared to be an emergency law.
SECTION 6. Veto power and powers of general assembly. -- (a) The veto power of the governor shall not extend to an indirect initiative approved by the voters.
(b) The general assembly shall provide such funds as may be required to implement an approved indirect initiative.
(c) The general assembly shall not, within four (4) years after passage, repeal or alter any such statutory indirect initiative unless by three-fourths (3/4) vote of both houses, unless such change first be approved by the qualified voters at a general election.
(d) The general assembly may place on the ballot, in any general election subsequent to the passage of an indirect initiative, a referendum to allow the people to address and correct any mistakes that may have been included in an indirect initiative.
(e) Unless an indirect initiative which has a singular or exclusive impact on any city or town is approved by a majority of those voting in that city or town said indirect initiative shall not take effect.
RESOLVED, If any provision of this joint resolution is held invalid, such invalidity shall not affect other provisions which can be given effect without the invalid provision; and be it further
RESOLVED, That the 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 position of amendment 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 clerks to the electors in 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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This resolution would amend the State Constitution by establishing an indirect voter initiative process to allow voters to initiate proposed legislation which would, upon vote of the electorate, become law.
