Legislator Can Stay on Rhode Island Lottery Commission

PROVIDENCE, Rhode Island – As reported by the Providence Journal: "House Speaker William J. Murphy is drawing a line in the sand on separation of powers, saying it is "very, very clear" to him that lawmakers do not have to relinquish their positions on the legislator-dominated state Lottery Commission.

"'The Lottery Commission in our view is provided for in the Constitution, that it's purely under the control of the General Assembly,' the speaker said.

"Murphy, D-West Warwick, also said the Constitution, in his view, may also protect lawmakers serving on boards such as the Coastal Resources Management Council 'because it has to do with the environment,' and the Constitution gives the Assembly powers to provide for and protect natural resources.

"The separation-of-powers constitutional amendment, approved overwhelmingly by voters last month, is aimed at curbing the Assembly's broad reach by, in part, requiring lawmakers and their designees to step off a wide array of boards and commissions with executive powers, such as the ability to hire and fire staff or approve lucrative state contracts.

"Murphy's comments drew this rebuke from H. Philip West Jr., executive director of Common Cause of Rhode Island:

"…'We are convinced his view is wrong, and the majority of people of the state will not tolerate that kind of reading and did not intend that when they voted' to approve the separation-of-powers amendment.

"West said his group would challenge Murphy's interpretation in court if necessary.

"…The Lottery Commission has nine members: three from the House, three from the Senate, and three public members appointed by the governor. The chairmanship has, in recent years, alternated between the House and the Senate; the current chairman is Rep. Robert E. Flaherty, D-Warwick.

"The other House members are Rep. William San Bento Jr., D-Pawtucket, and Rep. Joseph H. Scott, R-Exeter; the Senate members are Sen. Maryellen Goodwin, D-Providence; Sen. Michael Damiani, D-East Providence, and Sen. David E. Bates, R-Barrington.

"The commission oversees the state's lottery games, licenses and controls the video-slot terminals at Lincoln Park and Newport Grand, and has been envisioned as playing a role in some proposals to develop a casino in the state. The lucrative slot machines have grown to be the third-biggest general revenue stream for the state, after sales and income taxes…"