§ 41-9.1-9 - State and local referendum election.
SECTION 41-9.1-9
§ 41-9.1-9 State and local referendumelection. – (a) Pursuant to the terms of R.I. Const., Art. VI, § 22 and chapter 5 oftitle 17, the general assembly hereby authorizes submission to all of theelectors of the state, at the general election to take place on November 2,2004, the following question: "Shall there be a casino in the Town of WestWarwick operated by an Affiliate of Harrah's Entertainment in association withthe Narragansett Indian Tribe?"
(b) Prior to the general election question being submitted tothe electors of the state and prior to any casino being established in the Townof West Warwick, and in order for such town to be eligible as the hostcommunity for such casino, the casino license applicant shall, withinseventy-five (75) days of the passage of this act, file a statement of intentwith the state lottery division that demonstrates the following:
(1) Evidence that the West Warwick Town Council has agreed topose, by adopting subsequent to July 1, 2004, a resolution to be placed on theballot at the next general election to be submitted to the qualified electorsof the Town of West Warwick and to the qualified electors of the state, thequestion referenced in subsection (a) of this section;
(2) Adequate description of real estate designated andavailable for the development of the casino, which real estate shall constituteat least thirty (30) acres;
(3) Evidence of a fully executed development agreement; and
(4) A complete proposal as referred to in § 41-9.1-10.
(c) In the event of certification by the state lotterydivision of the statement of intent, the question referenced in subsection (a)shall then be submitted by the secretary of state to the qualified electors ofthe state at a general election to take place on November 2, 2004. Thesecretary of state shall certify the election results. The question shall alsobe submitted at the same general election by the local board of canvassers tothe qualified electors of the Town of West Warwick, and the local board ofcanvassers shall certify the election results to the secretary of state.Notwithstanding any provisions of this section, in the event that certificationby the state lottery division of the statement of intent does not occur, thenany vote by the qualified electors of the state and the Town of West Warwick onthe question referenced in subsection (a) shall be deemed non-binding.
(d) In the event of the affirmative vote of the qualifiedelectors of the Town of West Warwick and the qualified electors of the state,the state lottery division shall, in accordance with the provisions of thissection and § 41-9.1-11, award the casino license to the applicant that isa party with the Town of West Warwick to the development agreement no laterthan March 1, 2005.
(e) In the event that the affirmative vote of both the Townof West Warwick and the electors of the state does not occur, or in the eventthat the casino license applicant is not able to timely file a statement ofintent with the state lottery division in accordance with the provisions ofsubsection (b), then this chapter shall cease to have effect, and shall becomenull and void.
(f) Notwithstanding any provision of the General Laws to thecontrary, with respect to the matters contemplated in this chapter, theapplication and license issuance process described in this chapter shall governand control and shall be in lieu of any other public bidding, request forproposal rights or requirements contained in the General Laws. Any decision oract by the general assembly, the secretary of state or the state lotterydivision in: (i) phrasing or submitting the statewide question, (ii)determining whether a statement of intent is in compliance with the filing andother provisions of this chapter, or (iii) awarding the single casino license,shall be final and binding and shall not be reviewable in any court on anygrounds except corruption or fraud, so as to promote and not hinder theeconomic development initiatives and matters contemplated in this chapter.Jurisdiction of any suit, action or proceeding with respect to any of theforegoing shall immediately and exclusively vest in the Superior Court, and anyappeal to the Rhode Island Supreme Court shall be heard on an expedited basis;provided, however, that no such suit, action or proceeding shall serve toenjoin (i) the question referenced in subsection (a) from being submitted bythe Secretary of State to the qualified electors of the state at a generalelection to take place on November 2, 2004, and submitted at the same generalelection by the local board of canvassers to the qualified electors of the Townof West Warwick, (ii) the awarding and issuance of the single casino license,or (iii) any recipient of a casino license from proceeding with development oroperational matters, until a final, non-appealable decision has been renderedby a court.