House Minority Whip Blake Filippi to Present Three Constitutional Reforms to House Judiciary Committee

STATE HOUSE – Today, April 11, 2017, House Minority Whip Blake Filippi (R-District
36, Block Island, Charlestown, South Kingstown and Westerly) will present three
resolutions to the House Judiciary Committee to amend the Constitution of the State
of Rhode Island and Providence Plantations. The bills include H-5401, H-5541, and
H-5513.

House bill
5401
proposes a Constitutional amendment, which would empower the People of Rhode Island
to take the government to court over unlawful spending.

«Unfortunately, Rhode Island and federal case law generally prohibit the People from
contesting the legality of government spending,» said Filippi. «Hard-working Rhode
Island families dutifully pay their taxes. Then, if the government unlawfully spends
their money, they can’t seek judicial redress. That is unfair and needs to change.
It is the People’s money and they should have the right to bring an action when it
is unlawfully spent,» reasoned Filippi.

«We must amend our Constitution to effectuate this reform,» explained Filippi.
«This particular legal topic is complex and changing our Constitution must be
approached cautiously. However, providing Rhode Islanders with this legal right will
ensure the People have recourse if their money is unlawfully spent. This change will
act as a much-needed oversight mechanism by the People over their government.»

House bill
5541
proposes a Constitutional amendment that requires all substantive executive branch
regulations be approved by the General Assembly before going into effect.

«Separation of powers cuts both ways. Just as the General Assembly should not
exercise executive functions, the executive branch should not exercise legislative
functions. The fact is that many regulations carry the force of law and govern our
lives, property and businesses, and should be approved by the legislative branch
prior to going into effect,» contended Rep. Filippi.

Filippi added, «Connecticut, Missouri, Virginia, Ohio and South Carolina already
have similar laws in place. For example, South Carolina requires regulations to be
approved by the General Assembly before becoming effective. Meanwhile, in
Connecticut, a legislative review committee must approve all regulations.»

House bill
5513,
proposes an amendment to create a system of instant run-off elections for all
general officers and members of the General Assembly. This will ensure that
candidates are elected with a majority vote, rather than through the current
plurality vote.

Whip Filippi stated, «A ‘plurality’ is winning with the most votes, even if a
candidate does not break the 50% threshold. We’ve seen numerous races over the
years where candidates have been elected with significantly less than 50% of the
votes cast, including the last two governors’ races. Governor Chafee garnered 36.1%
and Governor Raimondo barely broke 40% of the votes case.»
«The last two general elections demonstrate that we have a problem with our
plurality voting system. Rhode Islanders have expressed concern that the will of the
People is not adequately reflected, and that officials elected without a majority
lack the strong mandate needed to effectively govern,» stated Rep. Filippi.

«Each of these amendment will protect Rhode Islanders from excessive governmental
bureaucracy and encourage a healthier republic,» resolved Rep. Filippi.

House Resolution No. 5401 is cosponsored by Representative Kenneth Mendonca
(R-District 72 Middletown, Portsmouth), Representative Sherry Roberts (R-District 29
Coventry, West Greenwich), Representative Robert Quattrocchi (R-District 41
Scituate, Cranston), Minority Leader Representative Patricia Morgan (R-District 26
Coventry, Warwick, West Warwick)

House Resolution No. 5441 cosponsored by Representative Gregg Amore (D- District 65
East Providence), Representative Kenneth A. Marshall (D-District 68 Bristol,
Warren), Representative William W. O’Brien (D-District 54 North Providence),
Representative Brian Newberry (R-District 48 North Smithfield, Burrillville)

House Resolution No. 5513 cosponsored by Representative Kenneth Mendonca (R-District
72 Middletown, Portsmouth), Representative Sherry Roberts (R-District 29 Coventry,
West Greenwich), Representative Robert Quattrocchi (R-District 41 Scituate,
Cranston), Representative Justin Price (R-District 39 Exeter, Hopkinton, Richmond)