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.
DECLARATION OF CERTAIN CONSTITUTIONAL RIGHTS AND
PRINCIPLES
In order
effectually to secure the religious and political freedom established by our venerated ancestors, and to preserve
the same for our posterity, we do declare that the
essential and unquestionable rights and principles hereinafter mentioned shall be established, maintained, and preserved, and shall be of paramount obligation in all legislative, judicial and executive proceedings.
In the
words of the Father of his Country, we
declare that ‘‘the basis of our political systems
is the right of the people to make and alter their constitutions of government; but that the constitution which at any time exists, till changed by an
explicit and authentic act of the whole
people, is sacredly obligatory upon all.’’
All free governments are instituted for the protection, safety, and happiness of the people.
All laws, therefore, should be made for the good
of the whole; and the burdens of the state ought to be fairly distributed among its citizens. No
person shall be deprived of life, liberty or
property without due process of law, nor shall
any person be denied
equal protection of the laws. No otherwise
qualified person shall, solely
by reason of race, gender or handicap
be subject to discrimination by the state, its agents or any person or entity doing business
with the state. Nothing in
this section shall be construed to grant or secure any right relating to abortion or the funding thereof.
Whereas
Almighty God hath created the mind free; and all attempts to influence it by temporal
punishments or burdens,
or by civil incapacitations,
tend to beget habits of hypocrisy and meanness; and whereas a principal object of our venerable ancestors, in their migration to this country and their settlement of this state, was, as they expressed it, to hold forth a lively experiment that a flourishing civil state may stand
and be best maintained with full liberty
in religious concernments; we, therefore, declare
that no person
shall be compelled to frequent or to support any religious worship, place, or
ministry
whatever, except in fulfillment of such
person’s voluntary contract; nor
enforced, restrained, molested, or burdened in body or goods; nor disqualified from holding any office; nor otherwise suffer on account of such
person’s religious belief;
and that every person shall be free to
worship God according to the dictates of such person’s conscience, and to profess and by argument to maintain
such person’s opinion in matters of
religion; and that the same shall in no wise
diminish, enlarge, or affect the civil capacity of any person.
Slavery
shall not be permitted in this state.
Every person
within this state
ought to find a certain
remedy, by having recourse to the laws, for all injuries or wrongs which may be received in one’s person, property, or character. Every person ought to obtain right and justice freely, and without purchase, completely and without denial; promptly and without
delay; conformably to the laws.
The right of the people to be secure in their persons, papers and
possessions, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue,
but on complaint in writing, upon
probable cause, supported by oath or affirmation, and describing as nearly as may be, the place to be
searched and the persons or things to
be seized.
Except in cases of impeachment, or in cases
arising in the land or naval forces, or in the militia when
in actual service in time of war or
public danger, no person shall be
held to answer for any offense which
is punishable by death or by imprisonment for life unless on presentment or indictment by a grand
jury, and no person
shall be held to
answer for any other felony unless on presentment or indictment by a grand jury or on information in writing
signed by the attorney-general or
one of the attorney-general’s designated assistants, as the general assembly may provide and in
accordance with procedures enacted by
the general assembly. The general
assembly may authorize the impaneling of grand juries
with authority to indict for offenses committed any place within the state and it may provide that more than one grand
jury may sit simultaneously within a county.
No person shall be subject for
the same offense to be twice put in jeopardy.
Nothing contained in this
article shall be construed as in any wise impairing the inherent common law powers of the grand jury.
Excessive
bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted; and all punishments ought to
be proportioned to the offense.
All
persons imprisoned ought to be bailed by sufficient surety, unless for offenses
punishable by imprisonment for life, or for offenses involving the use or threat of use of a dangerous weapon by one already
convicted of such offense or already convicted of an offense punishable by imprisonment for life, or for offenses involving
the unlawful sale, distribution, manufacture, delivery, or possession with intent to manufacture, sell, distribute or deliver
any controlled substance or by
possession of a controlled substance punishable by imprisonment for ten (10) years or more, when the proof
of guilt is evident or the
presumption great. Nothing in this section shall be construed to confer a right to bail, pending appeal of
a conviction. The privilege of the writ
of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety
shall require it; nor ever without
the authority of the general assembly.
In all
criminal prosecutions, accused persons shall enjoy the right to a speedy and public trial, by an impartial jury; to be informed of the
nature and cause of the accusation, to be confronted with the witnesses against them, to have compulsory
process for obtaining them in their favor, to have the assistance of counsel
in their defense, and shall be at
liberty to speak for themselves; nor shall they be deprived
of life, liberty,
or property, unless by the judgment of their peers, or the law of the land.
The person of a debtor,
when there is not strong presumption of fraud, ought not to
be continued in prison, after such person shall have delivered up property for the benefit of said person’s
creditors, in such manner as shall be
prescribed by law.
No ex post facto
law, or law impairing the obligation of contracts,
shall be passed.
No person
in a court of common law shall be compelled to
give self-criminating evidence.
Every
person being presumed innocent, until pronounced guilty by the law, no act of
severity which is not necessary to secure an
accused person shall be permitted.
The right of trial by jury shall remain inviolate. In civil cases the
general assembly may fix the size of the petit jury at less than twelve but not less than six.
Private property
shall not be taken for public uses,
without just compensation. The powers of the state and of its municipalities to regulate and control
the use of land and waters in the furtherance of the preservation, regeneration, and restoration of the natural
environment, and in furtherance of the protection of the rights of the
people to enjoy and freely exercise
the rights of fishery and the privileges of the shore, as those rights and duties are set forth in Section 17, shall be an
exercise of the police powers of the state, shall be liberally construed, and shall not be deemed to be
a public use of private property.
The people shall continue
to enjoy and freely exercise
all the rights of fishery, and the privileges of the shore,
to which they have been heretofore entitled
under the charter
and usages of this state,
including but not limited
to fishing from the shore, the gathering
of seaweed, leaving the shore
to swim in the sea and passage along the shore; and they shall be secure in their rights to the use and enjoyment of the
natural resources of the state with due regard for the preservation of their values;
and it shall be the duty of the general
assembly to provide for the conservation of the air, land, water, plant, animal, mineral
and other natural resources of the state, and to adopt all means
necessary and proper by law to protect the natural environment of the people of the state by providing adequate
resource planning for the control and
regulation of the use of the natural resources of the state and for the
preservation, regeneration and restoration of the natural environment of the state.
The
military shall be held in strict subordination to the civil authority.
And the law martial shall be used and exercised in such cases only as occasion shall necessarily require.
No soldier
shall be quartered in any house in time of peace, without the consent of the owner;
nor, in time of war, but in manner to be
prescribed by law.
The
liberty of the press being essential to the security of freedom in a state, any person may publish
sentiments on any subject, being
responsible for the abuse of that liberty; and in all trials for libel, both civil and criminal, the truth,
unless published from malicious motives,
shall be sufficient defense to the person charged.
The citizens
have a right in a peaceable manner
to assemble for their
common good, and to apply to those invested with the powers of government, for redress of grievances, or for other
purposes, by petition, address, or remonstrance. No law abridging the freedom of speech shall be
enacted.
The right
of the people to keep and bear arms shall not be infringed.
A victim
of crime shall, as a matter of right, be treated by agents of the state with dignity, respect and sensitivity during all phases of the criminal justice process. Such person
shall be entitled to receive, from
the perpetrator of the crime, financial compensation for any injury or loss
caused by the perpetrator of the crime, and shall receive such other
compensation as the state may provide. Before sentencing, a victim
shall have the right to address the court regarding the impact which
the perpetrator’s conduct has had upon the victim.
The enumeration of the foregoing rights shall not be construed to impair or deny others retained
by the people. The rights
guaranteed by this
Constitution are not dependent on those guaranteed by the Constitution of the United
States.
Every citizen
of the United States of the age of eighteen
years or over who
has had residence and home in this state for thirty days next
preceding the time of voting,
who has resided thirty days in the town or city from which such citizen desires to
vote, and whose name shall be
registered at least thirty days next preceding the time of voting as provided by law, shall have the right to vote for all offices to be elected
and on all questions submitted
to the electors, except that no person who has been lawfully
adjudicated to be non compos mentis shall be
permitted to vote. No person who is incarcerated in a correctional facility upon a felony conviction shall be permitted
to vote until such person is
discharged from the facility. Upon
discharge, such person’s right to vote shall be restored.
The general assembly
may provide by law for shorter state and local
residence requirements to vote for
electors for president and vice president of the United States.
The general
assembly shall provide
by law for the nomination of candidates; for a uniform system of permanent registration
of voters; for the exemption from such registration of persons in the active
service of the nation and their families absent from the state because
of such service, and, in time of war, members
of the Merchant Marine; for absentee and shut in voting; for the
time, manner and place of conducting
elections; for the prevention of abuse, corruption and fraud in voting; and may define by law residence for voting
purposes, but no person shall acquire
such residence merely by being stationed or
assigned in this state in the active service of the United States.
OF QUALIFICATION FOR OFFICE
No person
shall hold any civil office unless
that person be a qualified elector
for such office.
An elector
shall be disqualified as a candidate for elective or appointive state
or local office or from holding
such office if such elector has been convicted of or plead nolo
contendere to a felony or if such elector
has been convicted or plead
nolo contendere to a misdemeanor resulting in a jail sentence of six months or more, either suspended
or to be served. Such elector
shall not, once so convicted, attain or return to any office until three years after the date of completion of such sentence
and of probation or parole.
All
general officers shall take the following engagement before they act in their respective offices, to
wit: You being by the free vote of the electors of this state of Rhode Island , elected unto the place of do solemnly swear (or, affirm)
to be true and faithful unto
this state, and to support the Constitution of this state and of the United States; that you will
faithfully and impartially
discharge all the duties of your aforesaid office
to the best of your abilities,
according to law: So help you God. [Or: This
affirmation you make and give upon the peril of the penalty of perjury.]
The members
of the general assembly,
the judges of all the courts,
and all other officers, both civil and military,
shall be bound by oath or
affirmation to support
this Constitution, and the Constitution of the United States.
The oath
or affirmation shall be administered to the
governor, lieutenant governor, senators, and representatives by the
secretary of state, or, in the absence of the secretary of
state by the attorney- general. The secretary of state, attorney-general, and general treasurer shall be engaged by the
governor, or by a justice of the supreme court.
No person holding any office under the government of the United States, or of any other state or country, shall act as a general officer
or as a member of the general assembly,
unless at the time of taking such
engagement that person shall have resigned the office under such
government; and if any general
officer, senator, representative, or judge shall, after election and engagement, accept any appointment under any other government, the office under this shall be immediately
vacated; but this restriction shall not apply to any person appointed to take
deposition or acknowledgment of deeds, or other legal
instruments, by the authority of any other state or country.
No senator
or representative shall, during the time for which he or she was elected, be appointed to any state office, board, commission or other state or quasi-public entity
exercising executive power under the
laws of this state, and no person holding any executive office or serving as a member of any board, commission or other state or quasi-public entity exercising executive
power under the laws of this state shall be
a member of the senate or the house of representatives during his or her
continuance in such office.
The people
of the State of Rhode Island believe that public officials and employees must adhere to the highest
standards of ethical
conduct, respect the public trust and the rights of all persons, be
open, accountable and responsive,
avoid the appearance of impropriety and not use
their position for private gain or advantage. Such persons shall
hold their positions during good behavior.
The
general assembly shall establish an independent non-partisan ethics commission
which shall adopt a code of ethics including, but not limited to, provisions on
conflicts of interest, confidential information, use of position, contracts
with government agencies and financial disclosure. The assent of two-thirds
(2/3) of the members appointed shall be required for the adoption for every
rule or regulation. All elected and appointed officials and employees of state
and local government, of boards, commissions and agencies shall be subject to
the code of ethics. The ethics commission shall have the authority to
investigate alleged violations of the code of ethics, including acts otherwise
protected by Article VI, Section 5, and to impose penalties, as provided by
law. Any sanction issued against any party by the ethics commission shall be
appealable to the judicial branch as provided by law. The commission shall have
the power to remove from office officials who are not otherwise subject to
impeachment, or expulsion as provided by Article VI, Section 7.
OF ELECTIONS AND CAMPAIGN FINANCE
The
governor, lieutenant governor, secretary of state, attorney general
and general treasurer shall be elected
on the Tuesday after
the first Monday in November, quadrennially commencing A.D. 1994,
and every four (4) years thereafter, and shall severally hold their offices,
subject to recall as provided for herein, for four (4) years from the first
Tuesday of January next succeeding their election
and until their successors are
elected and qualified. No person shall serve consecutively in the same general office for more than two (2) full terms,
excluding any partial term of less than two (2) years
previously served.
The senators
and representatives in the general
assembly shall be elected on the Tuesday after the first Monday in November, biennially in even numbered years, and shall severally hold their offices for two (2) years from the first Tuesday of January next succeeding their election and until their successors are
elected and qualified.
Recall is authorized in the case of a general officer who has been indicted or informed against
for a felony, convicted of a misdemeanor, or against whom a finding of probable cause of violation
of the code of ethics has
been made by the ethics commission. Recall shall not, however be instituted at any time during the first six (6)
months or the last year of an
individual’s term of office.
Such a recall may be instituted by filing with the state board of elections an application for issuance of a recall
petition against said general officer which is signed by duly qualified electors equal to three percent (3%) of the total number of votes cast at the last preceding
general election for that office. If,
upon verification, the application is
determined to contain signatures of the required
number of electors, the state board of elections
shall issue a recall petition for circulation
amongst the electors of the state. Within ninety (90) days of issuance, recall petitions containing the
signatures of duly qualified electors
constituting fifteen percent (15%) of the total number of votes cast in the last preceding general election for
said office must be filed with the state board of elections.
The
signatures to the application and to the recall petition need not all be on one (1) sheet of paper, but each such application and petition must contain an identical
statement naming the person to be recalled,
the general office held by said
person, and the grounds for such recall
set forth in a statement
of one hundred (100) words or less approved by the board of elections. Each signatory
must set forth his or her signature as it appears
on the voting list, the date of signing, and his or her
place of residence. The person witnessing the signatures of each
elector on said petition must sign a statement under
oath on said sheet
attesting that the signatures thereon are genuine and were signed in his or her presence.
If the requisite number
of signatures are not obtained
within said ninety (90) days
period, the recall effort shall terminate. Upon verification of the requisite number of signatures, a special
election shall be scheduled at which the issue of removing said office holder and the
grounds therefor shall be placed before the electors of the state. If a majority of those voting support removal
of said office holder, the office
shall be immediately declared vacant and shall be filled in accordance with the constitution and laws of the state. The person so removed
shall not be eligible
to fill the unexpired portion
of the term of office. The general assembly shall provide
by statute for implementation of the
recall process.
In all elections held by the people for state, city, town,
ward or district officers, the person or
candidate receiving the largest number of votes
cast shall be declared elected.
When the
governor-elect shall die, remove from the state, refuse to serve; become insane,
or be otherwise incapacitated, the lieutenant
governor-elect shall be qualified as governor at the beginning of the term for
which the governor was elected. When both the governor and lieutenant
governor-elect, or either the lieutenant governor, secretary of state, attorney-general, or general
treasurer-elect, are so incapacitated,
or when there has been a failure to elect any one or more of the officers mentioned in this section,
the general assembly shall upon its
organization meet in grand committee
and elect some person or persons
to fill the office or offices, as
the case may be, for which such incapacity
exists or as to which such failure to elect occurred. When the general assembly shall elect any of said officers because
of the failure of any person to receive a plurality of the
votes cast, the election in each case
shall be made from the persons who received the same and largest
number of votes.
In case of a vacancy in the office of the secretary
of state, attorney- general, or general treasurer
from any cause, the general assembly in
grand committee shall elect some person to fill the same; provided,
that if such vacancy occurs when the general assembly is not in session the governor shall appoint some person to
fill such vacancy until a successor
elected by the general assembly is qualified to act.
When a senator or representative-elect shall
die, remove from the
state, refuse to serve, become insane, or be otherwise incapacitated, or when at an election for any senator or
representative no person shall receive a plurality
of the votes cast, a new election
shall be held. A
vacancy in the senate or house of representatives shall be filled at a new
election. The general assembly shall
provide by general
law for the holding of such elections at such
times as to insure that each town and
city shall be fully represented in the general
assembly during the whole
of every session thereof so far as is practicable. Every person elected in accordance with this section shall
hold office for the remainder of the term or for the full term, as the case may be, of the office which that person is elected to fill, and until a
successor is elected and qualified.
In
elections by the general assembly in grand committee the person receiving a majority of the votes shall be elected.
Every person elected by the general assembly
to fill a vacancy,
or pursuant to Section 3 of this article, shall hold office for the remainder of the term or for the full term, as the case may be, and until a successor
is elected and qualified.
A quorum
of the grand committee shall consist of a majority
of all the members of the senate and a majority of all the members of
the house of representatives duly assembled pursuant to an invitation from one of said
bodies which has been accepted
by the other, and the acceptance of which has been communicated by message to the body in which such
invitation originated, and each house shall be attended by its secretaries and clerks. No act or business of any kind shall be done in grand
committee other than that which
is distinctly specified in the invitation by virtue of which such grand
committee is assembled, except to take a
recess or to dissolve; provided,
that the grand committee may appoint a subcommittee of its own members to count
any ballots delivered to it and
report the result of such count.
It shall
not be necessary for the town or ward clerks
to keep and transmit to the general assembly a
list or register of all persons voting
for general officers; but the general assembly shall have power to pass such laws on the subject as it may
deem expedient.
The
general assembly shall require each candidate for general office in any primary, general or special election to report to the secretary of state all contributions and
expenditures made by any person to or on behalf of such candidate, provided however, that the general assembly may limit such disclosure to
contributions or expenditures in excess of
such an amount as the general assembly shall specify.
The
general assembly shall adopt limitations on all contributions to candidates for election to state and
local office in any primary,
general or special election and shall provide for the adoption of a plan of voluntary public financing and
limitations on total campaign expenditures
of campaigns for governor and such other general officers as the general assembly shall specify.
OF THE DISTRIBUTION OF POWERS
The powers
of the government shall be distributed into three separate and distinct departments: the legislative, executive
and judicial.
OF THE LEGISLATIVE POWER
This Constitution shall be the supreme law of the state, and any law inconsistent therewith shall be void.
The general assembly shall pass all
laws necessary to carry this Constitution into effect.
The
legislative power, under this
Constitution, shall be vested in two
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:
There
shall be a session of the general assembly at
Providence commencing on the first Tuesday of January in each year. Commencing in January 1995, senators
and representatives shall
be compensated at an
annual rate of ten thousand
dollars ($10,000). Commencing in 1996, the rate of
compensation shall be adjusted annually to reflect changes in the cost of living, as determined by the United States government, during a twelve (12) month period ending in the immediately preceding year. Commencing
in 2003, the president of the senate and the
speaker of the house
shall be compensated at an annual
rate double that of other senators and representatives.
Senators and representatives shall
receive the same health insurance benefits as full-time state employees.
Senators
and representatives shall be reimbursed for traveling
expenses in going to and from the general assembly
at the same mileage paid to state workers
as of the 31st day of December
in the year preceding each session.
No senator
or representative shall
be eligible for any pension
on account of service in the general assembly after 1994; provided, however, that those senators and representatives first elected before 1994 who elect to receive
compensation for legislative service in 1995
and thereafter, at the rate of five dollars ($5.00) for every day of actual attendance and eight cents
(.08) per mile for traveling expenses in going to
and returning from the general
assembly, for a maximum
of sixty (60) days in any
calendar year, shall be eligible for
a pension on account of service in the general
assembly after 1994. The amount of such pension
shall be based upon the pension program
in effect for legislators on January 1, 1994.
The
general assembly shall regulate the compensation of the governor and of all other
officers, subject to limitations contained in the Constitution.
No member
of the general assembly shall
take any fee, or be of
counsel in any case pending
before either house
of the general assembly, under penalty of forfeiture of seat, upon proof thereof
to the satisfaction of the house in which the member sits.
The
persons of all members of the general assembly shall be exempt from arrest and
their estates from attachment in any civil action, during the session of the
general assembly, and two days before the commencement and two days after the
termination thereof, and all process served contrary hereto shall be void. For
any speech in debate in either house, no member shall be questioned in any
other place, except by the ethics commission as set forth in Article III,
Section 8.
Each house shall be the judge of the elections and qualifications of its
members; and a majority shall constitute a quorum to do business; but a smaller number may adjourn from day
to day, and may compel the attendance of absent members in such manner, and under such penalties, as may be prescribed by such house or by law. The organization of the two houses may be
regulated by law, subject to the limitations contained in this Constitution.
Each house
may determine its rules of proceeding, punish
contempts, punish its members for disorderly
behavior, and, with the concurrence
of two-thirds, expel a member;
but not a second time for the same cause.
Each house shall keep a journal
of its proceedings. The yeas and nays of the members of either house shall,
at the desire of one-fifth of those
present, be entered on the journal.
Neither house shall, during a session,
without the consent
of the other, adjourn for more than two days, nor to any other place
than that in which it may be sitting.
Section
11. Vote required to pass local or private appropriations.
The assent
of two-thirds of the members elected to each house of the general assembly shall be required to every bill
appropriating the public money or
property for local or private purposes.
The general
assembly shall, from time to time, provide
for making new valuations of property,
for the assessment of taxes, in such manner as it may deem best.
The general
assembly may provide
by law for the continuance in office of any
officers of election or appointment, until other persons are qualified to take their
places.
The general
assembly may provide
by general law for the creation
and control of corporations; provided, however,
that no corporation shall be created with the power
to exercise the right of eminent domain, or to acquire franchises in the streets
and highways of towns and cities,
except by special act of the general
assembly upon a petition for the
same, the pendency whereof shall be notified
as may be required by law.
All
lotteries shall be prohibited in the state except lotteries operated by
the state and
except those previously
permitted by the general
assembly prior to the adoption
of this section, and all shall be subject to the proscription and regulation of the
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.
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.
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.
The
clearance, replanning, redevelopment, rehabilitation and improvement of blighted and substandard areas shall be a public
use and purpose for which the power
of eminent domain may be exercised, tax
moneys and other public funds
expended and public
credit pledged. The general assembly may authorize
cities, towns, or local redevelopment
agencies to undertake and carry
out projects approved
by the local legislative body for such uses and purposes
including the acquisition in such areas of such properties as the local
legislative body may deem
necessary or proper to effectuate any of the purposes of this article, although temporarily not required
for such purposes, and the sale or
other disposition of any such properties to private persons for private uses or to public bodies for
public uses.
The general
assembly may authorize the acquiring or taking in fee by the state, or by any cities or towns,
of more land and property than is
needed for actual construction in the establishing, laying out, widening, extending or relocating of public highways, streets, places, parks
or parkways; provided, however, that
the additional land and property so
authorized to be acquired or taken shall
be no more in extent
than would be sufficient to form suitable
building sites abutting
on such public highway, street,
place, park or parkway.
After so much of the land and property has been appropriated
for such public highway, street, place, park or parkway as is needed therefor, the remainder may be held and improved for any public purpose or purposes, or may be sold
or leased for value with or without suitable restrictions, and in case of any such sale or lease, the person or
persons from whom such remain- der
was taken shall have the first right to purchase or lease the same upon
such terms as the state
or city or town is willing to sell or lease the same.
The general
assembly may authorize
cities and towns to acquire property by eminent domain,
or otherwise for the establishment and construction of off-street parking facilities and to maintain
and operate or lease
the same. Without
limiting the generalities of the foregoing, any of the powers or
authorities consistent with the provisions of
this article for the provision of off-street parking
now vested in public bodies by law, shall continue in existence and may be exercised by said public bodies, except as such powers and authorities may be modified, or repealed by the general assembly.
The
general assembly, in order to insure
continuity of state and local
governmental operations, including the judicial functions, in periods of emergency resulting from disasters caused by enemy
attack, shall have the
power and the immediate duty to provide
for prompt and temporary
succession to the powers and duties of public offices,
of whatever nature and whether filled by election or appointment, the incumbents of which
may become unavailable for carrying on the powers and duties of such offices, to enact legislation permitting the convening of the general assembly at any place
within or without
the State of Rhode Island,
and to adopt such other measures
as may be necessary and proper for insuring the continuity of governmental operations during the period of
said emergency. Any law enacted
under this section shall apply to all
cities and towns regardless of their form of charter.
During said period of
emergency the general assembly shall have the power to incur state debts exceeding the limitation set forth in Sections 16 and 17 of this article. The powers granted
and the laws enacted under this section shall not be effective
after two years following the inception of an enemy attack.
No act
expanding the types or locations of gambling which are permitted within the state or within any city or town
therein or expanding municipalities in which a particular form of gambling
is authorized shall take effect until it has been approved by the majority of those electors voting in a
statewide referendum and by the majority
of those electors voting in said referendum in the municipality in which the proposed
gambling would be allowed and, having been so
approved in said referendum in any city or town on or after November
4, 2014, the location where the gambling is
permitted in any city or town shall not
be changed within said city or town without approval of the majority of those electors voting on said proposed
change in a referendum in said city
or town.
The
secretary of state shall certify the results of the statewide referendum and the local board of canvassers of the
city or town where the gambling
is to be allowed shall certify the results of the local referendum to the secretary of state.
OF THE HOUSE OF REPRESENTATIVES
There shall
be one hundred (100) members of the house of representatives,
provided, however, that commencing in 2003 there
shall be seventy-five (75) members of the house of
representatives. The house of representatives
shall be constituted on the basis of population and the representative districts shall be as nearly equal in population and as compact
in territory as possible. The general assembly shall, after any new census taken by authority of the United States, reapportion the representation to
conform to the Constitution of the state and the Constitution of the United States.
The house of representatives shall have authority
to elect its speaker, clerks, and other officers.
The senior member from the City of Newport,
if any be present, shall preside in the organization of the house.
The senate
shall consist of the lieutenant governor and fifty
(50) members from the senatorial districts in the state, provided, however,
that commencing in 2003 the senate shall consist of thirty-eight (38)
members from the senatorial districts in the state. The senate shall
be constituted on the basis
of population and the senatorial districts shall be as nearly equal in population and as compact in territory as
possible. The general assembly
shall, after any new census taken by authority of the United States, reapportion the representation to conform to
the Constitution of the state and the
Constitution of the United States.
The lieutenant governor shall preside
in the senate and in grand
committee until 2003. Commencing in 2003, the senate shall elect its president, who shall preside in the
senate and in grand committee, as
well as its secretary and other officers
from among its members and shall elect its clerks.
The senior member from the city of Newport, if any
be present, shall preside in the organization of the senate.
Section 4.
Repealed.
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.
OF THE JUDICIAL POWER
The
judicial power of this state shall be vested in one supreme court,
and in such inferior courts as the general assembly may, from time to time, ordain and establish.
The supreme
court shall have final revisory
and appellate jurisdiction upon all questions of law and equity. It shall have power
to issue prerogative writs,
and shall also have such other jurisdiction as
may, from time to time, be
prescribed by law. A majority of its
judges shall always be necessary to
constitute a quorum. The inferior courts shall
have such jurisdiction as may, from
time to time, be prescribed by law.
The judges
of the supreme court shall
give their written
opinion upon any question
of law whenever requested by the governor
or by either house of the general assembly.
The governor
shall fill any vacancy of any justice
of the Rhode Island Supreme
Court by nominating, on the basis of merit, a person from a list submitted by an independent
non-partisan judicial nominating
commission, and by and with the advice and consent of the senate, and by and with the separate advice and
consent of the house of representatives, shall appoint said person as a justice
of the Rhode Island Supreme
Court. The governor shall fill any vacancy of any judge of the Rhode
Island Superior Court, Family Court, District, Workers’
Compensation Court, Administrative Adjudication Court, or any other
state court which the general assembly may from time to time establish by nominating on the basis of merit, a
person from a list submitted by the
aforesaid judicial nominating commission, and by and with the advice and consent of the senate, shall
appoint said person to the court where
the vacancy occurs. The powers, duties, and composition of the judicial nominating commission shall be
defined by statute.
Justices
of the supreme court shall hold office during good behavior.
The judges
of the supreme court shall
receive a compensation for their services, which shall not be diminished during their continuance in office.
The towns
of New Shoreham and Jamestown may continue to elect their wardens
as heretofore. The other towns and the city of Providence
may elect such number of justices of the peace,
resident therein, as they
may deem proper. The jurisdiction of said justices
and wardens shall
be regulated by law. The
justices shall be commissioned by the governor.
OF IMPEACHMENTS
The house of representatives shall have the sole power of impeachment. A resolution of impeachment
shall not be considered unless it is
signed by one-quarter (1⁄4) of the members.
For the purposes of impeachment, the general assembly and the
committees thereof shall have the
power to compel the attendance of witnesses and production of documents.
A vote of two-thirds (2⁄3) of the members shall be required for an impeachment of the governor. Any officer impeached shall thereby be suspended from the office until
judgment in the case shall
have been pronounced.
All
impeachments shall be tried by the senate; and when sitting for that purpose, they shall be under
oath or affirmation. No person shall
be convicted except by vote of two-thirds of the members elected. When the
governor is impeached, the chief or presiding justice
of the supreme court, for the time being,
shall preside, with a casting vote in all preliminary questions.
The governor
and all other executive and judicial officers
shall be liable to impeachment. The governor or any other executive officer shall be
removed from office if, upon impeachment, such officer
shall be found incapacitated or guilty of the
commission of a felony or crime of moral
turpitude, misfeasance or malfeasance in office.
Judges shall be removed
if, upon impeachment, they shall be found incapacitated or guilty of the commission of a felony or crime of moral turpitude, misfeasance or malfeasance in office or violation of the canons of judicial ethics. Judgment of incapacity or guilt in a case of impeachment shall not extend further than
to removal from office. The person convicted shall, nevertheless, be
liable to indictment, trial and punishment,
according to laws.
The diffusion
of knowledge, as well as of virtue among the people,
being essential to the preservation of their rights and liberties, it shall be
the duty of the general
assembly to promote
public schools and public
libraries, and to adopt all means which
it may deem necessary and proper to secure to the people
the advantages and opportunities of education and public library services.
The money
which now is or which may hereafter be appropriated by law for the establishment of a permanent
fund for the support of public
schools, shall be securely invested
and remain a perpetual fund for that purpose.
All donations
for the support of public schools, or for other purposes of education, which may be received by the general assembly, shall be applied according to
the terms prescribed by the donors.
The
general assembly shall make all necessary provisions by law for carrying this article into effect. It shall not divert said money or fund
from the aforesaid uses, nor borrow, appropriate, or use the same, or any part thereof,
for any other purpose, under any pretence
whatsoever.
HOME RULE FOR CITIES AND TOWNS
It is the
intention of this article to grant and confirm to the people of every
city and town in this state the right of self
government in all local matters.
Every city and town shall have the power at any time to adopt a charter,
amend its charter, enact and
amend local laws relating to its property, affairs and government not
inconsistent with this Constitution
and laws enacted by the general assembly in conformity with the powers reserved to the general assembly.
Notwithstanding
anything contained in this article, every city
and town shall have a legislative body composed of one or two branches elected by vote of its qualified electors.
The
general assembly shall have the power to act in relation to the property, affairs
and government of any city or town by general
laws which shall apply
alike to all cities and towns, but which shall
not affect the form of government of any city or town.
The general assembly
shall also have the power to act in relation to the property, affairs
and government of a particular city or town provided that such legislative action shall become effective
only upon approval
by a majority of the qualified electors of the said city or
town voting at a general or special
election, except that in the case of acts involving
the imposition of a tax or the expenditure of money by a town
the same shall provide for the
submission thereof to those electors in said town qualified to vote upon a proposition to impose a tax or for
the expenditure of money.
Nothing contained in this article
shall be deemed
to grant to any city or town the power to levy, assess and collect taxes or to borrow money,
except as authorized by the general assembly.
Every city and town shall have the power to adopt a charter
in the following manner:
Whenever a petition
for the adoption
of a charter signed by fifteen
percent of the qualified electors
of a city, or in a town by fifteen percent, but not less than one
hundred in number, of those persons qualified to vote on any proposition to impose a tax or for the expenditure of money shall be filed
with the legislative body of any city
or town the same shall be referred forthwith to the canvassing authority
which shall within ten days after its receipt determine
the sufficiency thereof
and certify the results to the legislative body of said city or town.
Within sixty days thereafter the legislative body of a city shall submit to its qualified electors
and the legislative body of a town shall
submit to the electors of said town qualified to vote upon a proposition to impose a tax or for the expenditure of money the following question: ‘‘Shall a commission be
appointed to frame a charter?’’ and the legislative
body of any city or town shall provide by ordinance or resolution a method
for the nomination and election of a charter
commission to frame a charter consisting in a city of
nine qualified electors and in a town of
nine electors of said town qualified to vote upon a proposition to impose a tax
or for the expenditure of money who shall be elected at large without party or political designation
and who shall be listed alphabetically on
the ballot used for said election. Such ordinance or resolution shall provide for the submission of the question
and the election
of the charter commission at the same time. Upon approval of the
question submitted the nine candidates who individually receive
the greater number of
votes shall be declared elected and shall constitute the charter commission.
Within one
year from the date of the election of the charter commission the charter framed by the commission shall be submitted
to the legislative body
of the city
or town which
body shall provide
for publication of said charter and
shall provide for the submission of said
charter to the electors of a city or town qualified to vote for general state officers at the general
election next succeeding thirty days from the date of
the submission of the charter
by the charter commission. If said
charter is approved by a majority of said electors
voting thereon, it shall
become effective upon the date fixed therein.
The
legislative body of any city or town may propose amendments to a charter which amendments shall be submitted
for approval in the
same manner as provided in this article
for the adoption of a charter
except that the same may be submitted at a special election, and provided further that in the case of a
town, amendments concerning a
proposition to impose a tax or for the expenditure of money, shall be submitted at a special or regular
financial town meeting.
Whenever the legislative body of any city or town consists
of more than one branch, a
petition for the adoption of a charter as provided in this article may be filed with either branch of said
legislative body.
Duplicate certificates shall be made setting forth the charter
adopted and any amendments approved and the same shall be signed by a majority of the canvassing authority;
one of such certified copies shall be deposited
in the office of the secretary
of state and the other after
having been recorded in the records of the city or town shall be deposited among the archives
of the said city or town and all courts shall take judicial notice thereof.
The
judicial powers of the state shall not be diminished by the provisions of this article.
CONSTITUTIONAL AMENDMENTS AND REVISIONS
The
general assembly may propose amendments to the
Constitution of the state by a roll call vote of a majority
of the members elected to each house. Any amendment thus proposed
shall be published in such manner as the general
assembly shall direct,
and submitted to the
electors at the next general
election as provided
in the resolution of
approval; and, if then approved
by a majority of the electors voting thereon, it shall become a part of
the Constitution.
The
general assembly, by a vote of a
majority of the members elected to
each house, may at any general election submit the question, ‘‘Shall there be a convention to amend or revise the Constitution?’’ to the
qualified electors of the state. If the question be not submitted
to the people at some time during any period of ten years,
the secretary of state shall submit it at the next
general election following said period.
Prior to a vote by the qualified electors on the holding of a convention, the general assembly, or the governor if the general
assembly fails to act, shall provide for a bi-partisan preparatory commission to assemble
information on constitutional questions for the electors. If a majority
of the electors voting at such election on said question shall vote to
hold a convention, the general assembly
at its next session shall
provide by law for the election
of delegates to such convention. The number of delegates shall be equal to the number of members of the house of
representatives and shall be apportioned in the same manner as the
members of the house of representatives. No revision or amendment of this
Constitution agreed upon by such convention shall take effect until
the same has been submitted
to the electors and approved
by a majority of those voting thereon.
The rights and duties of all public bodies shall remain as if this
Constitution had not been adopted with the exception of such changes as are contained in this
Constitution. All laws, ordinances, regulations
and rules of court not contrary to, or inconsistent with, the provisions of this Constitution shall remain in force, until they shall
expire by their own limitation or
shall be altered or repealed pursuant to this
Constitution.
The validity
of all public and private bonds, debts and contracts, and of all suits, actions, and rights of action, shall continue
as if no change had taken place.
All
officers filling any office by election or appointment shall continue the duties thereof, until the
end of the terms to which they were
appointed or elected, and until
their offices shall
have been abolished or their successors elected
and qualified in accordance with this Constitution or laws enacted
pursuant thereto.
On or before June 1, 1988, the general
assembly shall adopt implementing
legislation for Article III, Sections 7 and 8, and for Article IV,
Section 10.