06-R 301

2006 -- H 7935 SUBSTITUTE A

Enacted 06/01/06

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 TO PERMIT A RESORT CASINO IN WEST WARWICK, RHODE ISLAND, TO BE PRIVATELY OWNED AND OPERATED IN ASSOCIATION WITH THE NARRAGANSETT INDIAN TRIBE

Introduced By: Representatives Williamson, Moura, Williams, Malik, and Palumbo

Date Introduced: March 23, 2006

     WHEREAS, The General Assembly has sought to empower the citizens of the State of

Rhode Island with the right to determine by a vote of the people on the question whether to

authorize the creation and operation of a resort casino in Rhode Island that would be competitive

with resort casinos in other jurisdictions; and

     WHEREAS, The Rhode Island Supreme Court has ruled that, without an amendment to

the Constitution, a resort casino in Rhode Island cannot be privately owned and operated; and

     WHEREAS, The right of the citizens of Rhode Island to vote on the question whether a

privately owned and operated resort casino shall be permitted in this state remains a question of

great public importance and the General Assembly believes that the resolution of the issue should

rest with the citizenry and not the Courts, the Executive, or any other third party; and

     WHEREAS, It is in the interest of all sides in the public-policy debate, it is in the interest

of legislative and judicial economy, and it is in fairness to the citizens of this state that the

constitutionality and authorization of a resort casino in West Warwick, Rhode Island, to be

privately owned and operated in association with the Narragansett Indian Tribe, be finally

decided by the vote of the citizens of Rhode Island in a local and statewide referendum at the next

statewide general election; and

     WHEREAS, The General Assembly believes that a resort casino in West Warwick will

provide competition with resort casinos in nearby jurisdictions that is not currently being

provided by existing video-lottery facilities in the state; and

     WHEREAS, The General Assembly believes that a resort casino in West Warwick will

create jobs and other economic benefits; and

     WHEREAS, The General Assembly believes that the property-tax burden on the citizens

of this state has reached a level that requires relief, and therefore the General Assembly believes

that if the citizens approve the West Warwick resort casino, the tax proceeds from that resort

casino should be dedicated to property-tax relief for the citizens of the state; and

     WHEREAS, The majority of all members elected to each house of the general assembly

are committed to granting to the electors of Rhode Island the right to vote on the establishment of

a resort casino and games therein in West Warwick, Rhode Island, with such resort casino to be

privately owned and operated in association with the Narragansett Indian Tribe, and to ensure that

such resort casino and games therein being voted on be constitutional under the laws of Rhode

Island; and, now, therefore, be it

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

assembly voting therefore, an amendment to Article VI of the Constitution of the state shall be

proposed to the qualified electors of the state for their approval in accordance with the provisions

of Article XIV of the Constitution, and upon such approval, new section 23, set forth below, be

added to and included in Article VI of the Constitution; and that said proposition of amendment

shall be submitted to the electors for their approval or rejection at the next statewide general

election, and said proposition of amendment shall appear on the ballots as the first referendum

question and shall be preceded by the following explanation and space to "approve" or "reject",

all of which shall be in substantially the following form:

     1. CONSTITUTIONAL AMENDMENT – RESORT CASINO

     Approval of the amendment set forth below will authorize a resort casino in the Town of

West Warwick, to be privately owned and privately operated in association with the Narragansett

Indian Tribe, with tax proceeds from the casino being dedicated to property-tax relief.

     APPROVE __________

     REJECT __________

     A new section 23 shall be added to and included in Article VI of the Constitution to read

as follows:

     Section 23. Resort Casino - - Notwithstanding sections 15 and 22 of this Article, and

provided that a majority of the electors of the Town of West Warwick have voted to approve this

amendment, the establishment of a resort casino and games located therein is authorized in the

Town of West Warwick. The resort casino shall be privately owned and privately operated by a

business entity established pursuant to Rhode Island law by the Narragansett Indian Tribe and its

chosen partner, which entity shall be: (i) legally distinct and separate from the Narragansett

Indian Tribe, (ii) subject to the laws of the state of Rhode Island, including regulation and

taxation, and (iii) required in its organizing documents to expressly waive any sovereign

immunity relating to any and all matters of the resort casino, including compliance with and

enforcement of the laws of the state of Rhode Island, and the regulation and taxation thereof. The

per annum tax rate shall be established by the general assembly with all of such tax proceeds to

be dedicated to property-tax relief, as prescribed by statute.

     RESOLVED, That the voting places in the several cities and town 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 said proposition 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 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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LC02854/SUB A/3

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