WHEREAS, Section 3 of Article X of the Constitution of the State of Rhode Island and Providence Plantations provides that "the judges of the supreme court shall give their written opinion upon any question of law whenever requested by the governor or by either house of the general assembly"; and

WHEREAS, There is currently pending before the General Assembly a bill, 2002-H 7732, entitled "An Act Making Appropriations for the Support of the State for the Fiscal Year Ending June 30, 2003," Article 1, Section 1 of which will, if enacted into law, appropriate the sum of $3,674,086 to the Housing Resources Commission for the fiscal year ending June 30, 2003; and

WHEREAS, In 2001, the General Assembly enacted (and the Governor signed) Public Law No. 2001-24, entitled "An Act Making Appropriations for the Support of the State for the Fiscal Year Ending June 30, 2002," which was signed into law by the Governor without veto, and by which it appropriated the sum of $8,652,098 to the Housing Resources Commission for the fiscal year ending June 30, 2002; and

WHEREAS, In November of 2001, Governor Lincoln C. Almond and Director of the Department of Administration, Robert L. Carl, Jr., froze, impounded and/or prohibited the expenditure of some $5,000,000 of the $8,652,098 duly appropriated to the Housing Resources Commission for the fiscal year ending June 30, 2002; and

WHEREAS, Governor Almond and Director Carl continue to maintain that they may, individually or in concert, unilaterally freeze, impound and/or prohibit the expenditure of funds duly appropriated by law; and

WHEREAS, The Senate is in doubt as to the constitutionality of the actions of Governor Almond and Director Carl, as well as to the efficiency of its own statutory appropriation of state funds; now, therefore be it

RESOLVED, That in accordance with Section 3 of Article X of the Constitution of the State of Rhode Island and Providence Plantations, the Senate of the State of Rhode Island hereby respectfully requests the Justices of the Supreme Court to give a written opinion upon the following question of law:

"Should the General Assembly enact and the Governor sign into law

the pending legislation 2002-H 7732, could the appropriations for

the fiscal year ending June 30, 2003, by enactment of the pending

legislation 2002-H 7733, be subject to impoundment, prohibition

and/or other post-enactment nullification other than by an act of

the General Assembly?" and be it further

RESOLVED, That the Senate respectfully requests that the Justices consider this issue on an expedited basis and render their opinion(s) thereon as soon as possible; and be it further

RESOLVED, That a duly certified copy of this resolution, together with a copy of the bill, 2002-H 7732, be transmitted forthwith by the reading clerk of the Senate to the clerk of the Supreme Court, to be presented immediately to the Justices of said court for their consideration.