We, the people of the State of Rhode Island , grateful to Almighty
God for the civil and religious liberty which
He hath so long permitted us to enjoy, and looking to Him for a blessing upon our endeavors to secure and to transmit
the same, unimpaired, to succeeding generations, do ordain and establish this Constitution of government.
ARTICLE IX
OF THE EXECUTIVE POWER
Section 1.
Power vested in governor.
The chief
executive power of this state shall be vested in a governor, who, together with a lieutenant governor, shall be elected by the people.
The
governor shall take care that the laws be faithfully executed.
The
governor shall be captain general and commander in chief of the military and naval forces of this
state, except when they shall be called
into the service of the United States.
The governor
shall have power to grant reprieves, after conviction, in all cases, except those of impeachment, until the end of the next session of the general assembly.
The governor
shall, by and with the advice and consent of the senate, appoint all officers of the state
whose appointment is not herein
otherwise provided for and all members of any board, commission or other state or quasi-public entity
which exercises executive power under
the laws of this state; but the general assembly may by law vest the
appointment of such inferior officers,
as they deem proper,
in the governor, or within
their respective departments in the other general
officers, the judiciary or in the heads of departments.
In case of
disagreement between the two houses of the general
assembly, respecting the time or place
of adjournment, certified by either, the governor may adjourn them to such time and place as the
governor shall think proper; provided,
that the time of adjournment shall not be extended beyond
the day of the next stated session.
The
governor may, on extraordinary occasions, convene the general assembly at any
town or city in this state, at any time not provided for by law; and in case of
danger from the prevalence of epidemic or contagious disease, in the place in
which the general assembly is by law to meet, or to which it may have been
adjourned, or for other urgent reasons, the governor may by proclamation
convene said assembly at any other place within this state.
All commissions shall be in the name and by authority of the State
of Rhode Island ;
shall be sealed
with the state seal, signed by the governor, and
attested by the secretary.
If the office of the governor shall be vacant by reason
of death, resignation, impeachment or inability to serve, the lieutenant governor shall fill the office of governor, and exercise the
powers and authority appertaining thereto,
until a governor is qualified
to act, or until the office
is filled at the next election.
If the offices of governor and lieutenant
governor be both vacant by reason of death, resignation, impeachment, or inability to serve, the speaker of the house of representatives shall in like manner fill the
office of governor during such vacancy.
The
compensation of the governor and lieutenant governor shall be established by law, and shall not be diminished during the term for
which they are elected.
The duties
and powers of the secretary, attorney-general
and general treasurer shall be the
same under this Constitution as are now
established, or as from time to time may be prescribed by law.
The governor, by and with the advice
and consent of the senate,
shall hereafter exclusively exercise the pardoning power, except in cases of impeachment, to the same extent as such power
is now exercised by the general assembly.
Every
bill, resolution, or vote (except such as relate to adjournment, the organization or conduct of either or both houses
of the general assembly, and
resolutions proposing amendment to the Constitution)
which shall have passed both houses of the general assembly shall be presented to the governor. If the governor
approve it the governor shall sign it, and thereupon
it shall become operative, but if the governor
does not approve it the governor shall
return it, accompanied by the governor’s objections in writing to the house in which it originated, which shall enter the
governor’s objections in full upon its journal
and proceed to reconsider it. If, after such reconsideration, three-fifths of the members present and voting in that
house shall vote to pass the
measure, it shall be sent with the objections, to the other house, by which it shall likewise be
reconsidered, and if approved by three-fifths
of the members present and voting in that house, it shall become operative in the same manner as if the governor had approved it, but in such
cases the votes
of both houses
shall be determined by ayes and nays
and the names of the members voting for and against the measure
shall be entered upon the journal of each house,
respectively. If the measure shall not be returned by the governor
within six days (Sundays
excepted) after it shall have been presented to the governor the same shall become operative unless the
general assembly, by adjournment, prevents its return, in which case it shall become operative
unless transmitted by the governor to the secretary
of state, with the governor’s disapproval in writing within
ten days after such adjournment.
The
governor shall prepare and present to the general assembly an annual, consolidated operating and
capital improvement state budget.
(a)
No appropriation, supplemental appropriation or budget
act shall cause the aggregate
state general revenue appropriations enacted
in any given fiscal year to exceed ninety-seven percent (97%) of the estimated state general revenues for
such fiscal year from all sources,
including estimated unencumbered general revenues to the new fiscal year remaining at the end of the
previous fiscal year. Estimated unencumbered general
revenues are calculated by taking the estimated
general revenue cash balance at the end of the fiscal year less estimated revenue anticipation bonds or notes, estimated general revenue encumbrances, estimated continuing
general revenue appropriations and the
amount of the budget reserve account at the end of said fiscal year.
(b)
The amount between
the applicable percentage in (a) and one
hundred percent (100%) of the estimated state general revenue for any fiscal year as estimated
in accordance with subsection (a) of this section
shall be appropriated in any given fiscal year into the budget reserve account; provided, however, that no such payment will be made which would increase the total
of the budget reserve account
to more than five
percent (5%) of only the estimated state
general revenues as set by subsection (a) of this section. In the
event that the payment to be made
into the budget reserve account
would increase the amount in said
account to more than five percent (5%) of estimated state general revenues that said amount shall be transferred to the Rhode Island
Capital Plan fund to be used solely for funding capital projects.
(c)
Within forty-five (45) days after the close of any fiscal year, all unencumbered general revenue in the
year end surplus account from the
said fiscal year shall be transferred to the general fund.
There is hereby established a budget reserve
account within the general fund. Revenues in this budget
reserve account may be appropriated in the event of an emergency involving
the health, safety or
welfare of the citizens of the state of Rhode Island or in the event of an unanticipated deficit in any given
fiscal year, such appropriations to be approved by a majority vote of each
house of the general assembly.