Rhode Island 2023 Regular Session

Rhode Island House Bill H5726 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5726
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7	7	LC000877
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
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14	14	J O I N T R E S O L U T I O N
15	15	JOINT RESOLUTION TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A
16	16	PROPOSITION OF AMEND MENT TO THE CONSTITUTION - PROVISIONS OF STATE
17	17	CONSTITUTION DECLARE D TO BE PRESUMPTIVELY JUDICIALLY ENFORCEABLE
18	18	BY PARTIES ALLEGEDLY AGGRIEVED BY VIOLATIONS THEREOF
19	19	Introduced By: Representative P. Morgan
20	20	Date Introduced: February 17, 2023
21	21	Referred To: House State Government & Elections
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24	24	RESOLVED, That a majority of all members elected to each house of the general 1
25	25	assembly voting therefor, the following amendments to the Constitution of the state be proposed 2
26	26	to the qualified electors of the state in accordance with the provisions of Article XIV of the 3
27	27	Constitution, for their approval, and that it adds an additional section to Article 1, which is hereby 4
28	28	amended, effective January 1, 2025, to read as follows: 5
29	29	Section 25. Provisions are presumptively judicially enforceable. 6
30	30	The provisions of this state constitution are hereby declared to be presumptively 7
31	31	judicially enforceable by parties allegedly aggrieved by violations thereof. Such parties may seek 8
32	32	and obtain traditional common law and equitable remedies from the appropriate courts, including 9
33	33	damages, injunctions, and declaratory relief, for any proven violation of a constitutional 10
34	34	provision, without the need for any further legislative authorization or enactment and without the 11
35	35	need for the legislative creation of a new cause of action for aggrieved parties to obtain judicial 12
36	36	relief for their alleged injuries due to such constitutional violations. 13
37	37	RESOLVED, That said proposition of amendment shall be submitted to the electors for 14
38	38	their approval or rejection at the next statewide general election. The voting places in the several 15
39	39	cities and towns shall be kept open during the hours required by law for voting therein for general 16
40	40	officers or members of the general assembly of the state; and be it further 17
41	41	RESOLVED, That the secretary of state shall cause the said proposition of amendments 18
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44	44	LC000877 - Page 2 of 3
45	45	to be published as a part of this resolution in the newspapers of the state prior to the date of the 1
46	46	said meetings of the said electors; and the said proposition shall be inserted in the warrants or 2
47	47	notices to be issued previous to said meetings of the electors for the purpose of warning the town, 3
48	48	ward, or district meetings, and said proposition shall be read by the town, ward, or district 4
49	49	meetings to be held as aforesaid; and be it further 5
50	50	RESOLVED, That the town, ward, and district meetings to be held aforesaid shall be 6
51	51	warned, and the list of voters shall be canvassed and made up, and the said town, ward, and 7
52	52	district meetings shall be conducted in the same manner as now provided by law for the town, 8
53	53	ward, and district meetings for the election of general officers of the state. 9
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60	60	EXPLANATION
61	61	BY THE LEGISLATIVE COUNCIL
62	62	OF
63	63	J O I N T R E S O L U T I O N
64	64	JOINT RESOLUTION TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A
65	65	PROPOSITION OF AMEND MENT TO THE CONSTITUTION - PROVISIONS OF STATE
66	66	CONSTITUTION DECLARE D TO BE PRESUMPTIVELY JUDICIALLY ENFORCEABLE
67	67	BY PARTIES ALLEGEDLY AGGRIEVED BY VIOLATIONS THEREOF
68	68	***
69	69	This Joint Resolution would propose to the voters of the state a constitutional amendment 1
70	70	which would provide that the provisions of the state constitution would be declared to be 2
71	71	presumptively judicially enforceable by parties allegedly aggrieved by violations thereof. 3
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73	73	LC000877
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