The issue of building a casino in Rhode Island spilled over into floor debate about stripping the governor of the power to place ballot questions before voters.

01:00 AM EDT on Friday, May 19, 2006

BY ELIZABETH GUDRAIS
Journal State House Bureau

PROVIDENCE -- A bill that would strip the governor of his power to place questions on the ballot won approval in the House yesterday, over the vehement opposition of House Republicans and a few Democrats.

Rhode Island is the only state whose governor has that power, the bill's sponsor, Rep. Peter F. Kilmartin, argued.

The power should never have been given to the governor in the first place, Kilmartin argued, and has even less of a place in the state's political workings with the implementation of the separation-of-powers constitutional amendment voters approved in 2004.

"I ask you, where is the check and balance with this statute as it is?" Kilmartin, D-Pawtucket, said. "The fact is, there is none."

Those who voted against the bill pointed out that the governor is only allowed to place nonbinding questions on the ballot -- and that separation of powers itself gathered momentum when voters overwhelmingly favored it in nonbinding questions, in 2000 and 2002, ultimately leading to the binding question.

"I believe this state needs every vehicle possible to hear from its citizens," said Rep. James F. Davey, R-Cranston, one of 17 representatives to vote against the measure. "We're here because the voters put us here, and I want to know as much as possible about what the voters think."

The issue of building a casino in Rhode Island spilled over into yesterday's floor debate, with Rep. Timothy A. Williamson questioning how Governor Carcieri could maintain that he should be able to place ballot questions unilaterally, while opposing Williamson's effort to place a question on the ballot regarding a constitutional amendment for a Harrah's casino in West Warwick.

"You can't cherry-pick what you want," Williamson, D-West Warwick, said.

But Rep. Charlene M. Lima, D-Cranston, said the bill had nothing to do with Carcieri personally. "This is not anti-Governor Carcieri," Lima said. "No one person should possess this power."

As for the argument that Rhode Island is the only state whose governor has this power, House Minority Leader Robert A. Watson said that may be true, but many other governors have the power to veto individual line items within bills -- a power Rhode Island's Constitution does not afford its governor.

Davey recalled how Lima boasted that a bill the House passed last week would make Rhode Island the first state in the nation to prohibit breeding cats without a permit, and mandate spaying and neutering for anyone who has a cat but not a breeding permit.

"The fact that we may be the only one doing it doesn't mean it's right or wrong," Davey said.

Carcieri yesterday reaffirmed his vow to veto the bill if it reaches his desk. Spokesman Jeff Neal called the bill "a blatant attempt to rob the governor of his ability to communicate with the people of Rhode Island through the placement of ballot questions."

Placing a question on the ballot unilaterally "does not infringe on the General Assembly's ability to make laws," Neal said, "because it's a nonbinding question."

Of Williamson's argument that Carcieri is a hypocrite for not supporting putting a casino question on the ballot, Neal said: "There is a legal process for getting that question on the ballot. It is not the governor's fault that the General Assembly cannot come up with a constitutional bill. They can't blame the governor for their own incompetence."

A veto override requires approval by three-fifths of those present and voting in each chamber. That's 45 votes in the House, if all members are present; 50 representatives voted in favor yesterday.

In the Senate, which has 38 members, Senate President Joseph A. Montalbano, D-North Providence, said there had been no debate on the measure yet, and he still needed to analyze the wording. But, Montalbano said, "It sounds to me like a separation-of-powers issue that I can probably support. It's the function of the legislature to put questions on the ballot."

Rep. Paul E. Moura, the House deputy majority whip, said, "The Senate has given me a commitment that if we send it over, they'll pass it." But, he said, "That's a verbal commitment."

Journal staff writer Scott Mayerowitz contributed to this report.

egudrais@projo.com / (401) 277-7045