dissenting.
There can be little doubt that those citizens who choose to offer their services to the State of Rhode Island as members of the General Assembly are rewarded by a compensation and expense-reimbursement package that is woefully inadequate. The legislative remuneration scheme set forth in article XI, section 1 of the amendments to the Rhode Island Constitution, virtually ensures that economic sacrifices must be made by legislators in order to fulfill their obligations as servants of the people. Moreover, it undoubtedly acts as a barrier to those who would and could render this important public service but are economically precluded from so doing. It is my personal opinion that the constitutional restriction on legislative compensation and reimbursement is contrary to the goal of a state government that is representative, efficient, and effective. However, this court has been called upon to render a judicial opinion with respect to a proposed legislative Act which I perceive to be contrary to an express provision of the Rhode Island Constitution. For this reason I must respectfully dissent from the majority opinion.
In determining the constitutionality of a legislative Act, the question is purely one of legislative power and not one of sound policy. Gorham v. Robinson, 57 R.I. 1, 7, 186 A. 832, 837 (1936). In the area of legislative remuneration, the General Assembly’s power is limited by article XI, section 1 of the amendments to the Constitution of the State of Rhode Island, which provides, in part, that
[t]he senators and representatives shall severally receive the sum of five dollars * * * for every day of actual attendance, and eight cents per mile for traveling expenses in going to and returning from the general assembly; provided that no compensation or mileage shall be allowed any senator or representative for more than sixty days attendance in any calendar year.
The Act we are called upon to consider attempts to reconcile itself with the above provision by the use of semantics. It states that “[mjembers of the general assembly shall be reimbursed for official expenses at the end of each month * * * without the necessity of providing evidence of such expenses.” (Emphasis added.) The Act goes on to specify a “flat rate” of reimbursement of $175 per month from *557January through May and $100 per month from June through December. Thus, every member of the General Assembly “shall be reimbursed” $1,575 per year, or $3,150 per two-year term.6
The majority opinion stands on two premises, neither of which I find persuasive. The first premise is that article XI addresses only compensation and mileage expenses to and from meetings of the General Assembly, and thus the Act does not intrude into a constitutionally regulated area. A fair reading of the majority opinion indicates that these two types of renumeration may never be altered except by constitutional amendment, but all other types of remuneration are subject to legislative adjustment. I do not believe that the framers possessed such a narrow view in adopting article XI. That article of amendment was intended to provide a total compensation package, not to limit remuneration for compensation and mileage to and from meetings but to leave open every other type of reimbursement. The Journal of the Convention, p. 38 (1859) states candidly that “[a] mileage was given them [the members] to pay their expenses.” I think it is clear that the mileage allowance of article XI was meant to cover expenses in general. The entire package taken together was intended to promote public service by offsetting expenses and by paying a small per diem. It follows that any attempt to alter this package must be accomplished through constitutional amendment, not through legislation.
It is conceded that article XI is ambiguous on the above point and that the contemporaneous construction given that amendment is by no means clear. One point is clear, however. With one exception, every effort ever made to increase legislative remuneration has been soundly defeated by the people of this state. In 1900, compensation was increased from $1 to $5 per day. Since then every effort to persuade a skeptical populace to increase legislative compensation has failed. Voters have repeatedly rejected such proposals.7 Where an ambiguous constitutional clause has been construed by the Executive Department and the Legislature, and where such construction has been uniform and longstanding, and acquiesced in by the people, the meaning may be determined by the long-standing construction. Opinion to the Governor, 35 R.I. 166, 169, 85 A. 1056, 1057 (1913). There can be little doubt that until the present Act, legislative remuneration has been determined to be the sole province of the people, and the people have spoken.
Whether the populace has spoken irrationally is of no concern. The people have chosen not to alter article XI, and I am not persuaded that this court should attempt to construe otherwise what has already been thoroughly debated and defeated by the electorate. I believe that any proposal to *558amend the remuneration scheme set forth in article XI should be taken to the citizens of this state for a decision.
Even were I of the opinion that article XI, section 1 allows for legislative reimbursement for expenses other than mileage to. and from the General Assembly, I am not persuaded by the majority’s second premise, namely, that moneys which shall be paid as reimbursement, at a “flat rate” and without the necessity of an accounting, are in fact reimbursement. Indeed, there is no directive in the Act that either prescribes that moneys paid be in direct relation to expenses or prohibits the payment of moneys in the absence of expenses. It simply provides for a flat-rate payment each month. I am not convinced that the $1,575 which shall be paid to members every year is reimbursement because the Act labels it such. It is, in my view, compensation, a reality which cannot be altered by a choice of words.
The infirmity of the Act appears evident to me not only in its failure to provide for an accounting of legislative expenses, but also in its overall lack of particularity in regard to such expenditures. For instance, section 22-17-2(a) of the proposed Act allows reimbursement for “mileage within the state to and from legislatively related business * * There is no specificity as to how such reimbursement is to be calculated. Presumably, reimbursement could be determined at the $0.08 per mile specified in the Constitution. It could also be calculated by determining the cost of gasoline, the miles per gallon which a particular automobile will travel, and the number of miles traveled. Insurance costs could be factored in, or maintenance costs, or even depreciation of the automobile. The Act is silent on these because such matters are of little relevance in its “reimbursement” scheme, which has little, if anything, to do with actual expenses.
The majority correctly points out that legislators will always be presumed to act legally and in good faith. The infirmities of this Act, however, stem not from the possible actions of individual legislators, but from the Act itself. I am not persuaded that the concept of “flat rate” payment, purportedly in reimbursement of actual expenses, and with no guidelines as to how such expenses should be calculated, is constitutional. 1 feel strongly that legislators deserve enhanced compensation, but I believe this end must be accomplished by Constitutional amendment and may not be accomplished by the proposed legislation.
. Under article XI of the amendments to the Rhode Island Constitution, compensation can reach a maximum of $300 per year or $600 for any two-year term (plus mileage allowances).
. State constitutional conventions, as well as other public forums, have consistently dealt with the issue of legislative compensation. The compensation schemes proposed or adopted have varied, but one constant has remained — all such proposals have been rejected by the electorate. See, e.g., Proceedings of the Limited Constitutional Convention, pp. 64-70 (1951) (adopting resolution to amend constitution to compensate members at rate of $25 per day for up to sixty days' attendance); Proceedings of the Limited Constitutional Convention, pp. 44-52 (1955) (adopting resolution to amend constitution to compensate members at salary of $1,500 per calendar year); Report of Commission on Revision of the Rhode Island Constitution, p. 12 (1962) (recommending that constitutional provision on members’ salary be deleted and that compensation be left to legislation); The Proceedings of the Rhode Island Constitutional Convention of 1973, pp. 113-151, 156 (1973) (adopting proposal to fix legislative compensation by law subject to approval of majority of voters at general election and setting interim remuneration at $2,000 per year and $0.15 per mile); Report of the Public Commission to Study the Constitutional Amendment Relating to Compensation of the General Assembly, p. 5 (April 22, 1980) (recommending abolishment of article XI and creation of a permanent Legislative Compensation Review Commission).