2016 -- H 7944

========

LC005415

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

____________

H O U S E   R E S O L U T I O N

RESPECTFULLY REQUESTING GOVERNOR GINA RAIMONDO TO SEEK AN

ADVISORY OPINION FROM THE RHODE ISLAND SUPREME COURT AS TO THE

CONSTITUTIONALITY OF BILL 2016 H --7409 SUBSTITUTE A

     Introduced By: Representatives Morgan, Filippi, Chippendale, Giarrusso, and Price

     Date Introduced: March 16, 2016

     Referred To: House Judiciary

     WHEREAS, On February 11, 2016, Bill 2016 H-7409 Substitute A, (the "statute") was

enacted and became law; and

     WHEREAS, Pursuant to said statute, the state is undertaking and will continue to

undertake steps for the collection of tolls on interstate highways located within the state,

including the erection of toll facilities and contracts for the management of said toll facilities; and

     WHEREAS, According to the Rhode Island Department of Transportation Director, Peter

Alviti, it may take up to three years before the collection of tolls at tolling facilities located within

the state may occur; and

     WHEREAS, The state will be expending millions of dollars in preparation for the

collection of tolls before tolls are able to be collected; and

     WHEREAS, The head of the Rhode Island Trucking Association, Chris Maxwell, has

stated that while he believes that said statute is unconstitutional, it cannot be commenced until

tolling facilities are operational; and

     WHEREAS, The American Truckers Association (ATA), a national lobbying entity

representing truckers throughout the nation, has indicated that there exists significant

constitutional impediments under the United States and Rhode Island Constitutions which would

prohibit the state from enforcing or implementing the collection provision of the statute; and

     WHEREAS, The ATA has indicated that it intends to commence litigation against the

state seeking to prohibit the collection of tolls by the state under the statute based upon the

constitutional impediments that it believes exist; and

     WHEREAS, Article X and Section 3 of the Rhode Island Constitution provides that the

Governor has the authority to require the Rhode Island Supreme Court to render an advisory

opinion concerning the constitutionality of the statute both under the United States and Rhode

Island Constitutions and with respect to the implementation of the statute by the Governor; now,

therefore be it

     RESOLVED, That this House of Representatives of the State of Rhode Island and

Providence Plantations hereby believes that it is prudent that an advisory opinion be sought by the

Rhode Island Supreme Court concerning the constitutionality of the statute prior to expending

large sums of money and state resources are depleted in connection with the erection and

management of the tolling facilities described in the statue; and be it further

     RESOLVED, That this House hereby respectfully requests that the Governor requests

and receive an advisory opinion from the Rhode Island Supreme Court as to the constitutionality

of the statute both under the United States Constitution and the Rhode Island Constitution prior to

expending any funds or depleting state resources, including, but not limited to, the

constitutionality of collecting tolls on the limited classification of vehicles described in the statute

and the constitutionality of the toll rates to be collected from said limited class of vehicles under

the statute; and be it further

     RESOLVED, That this House hereby respectfully requests that the Governor requests the

ATA and any other known organization or individual which have indicated that significant

constitutional impediments exist to the implementation or enforcement of the statute provide the

Governor with any specific constitutional provisions which they believe would render the statute

unconstitutional, both on its face and as applied, in order that the Governor may be able to request

an advisory opinion from the Rhode Island Supreme Court with respect to the constitutional

impediments raised by the individuals or organization described above; and be it further

     RESOLVED, That the Secretary of State be and hereby is authorized and directed to

transmit a duly certified copy of this resolution to the Honorable Gina Raimondo, Governor of the

State of Rhode Island.

========

LC005415

========

LC005415 - Page 2 of 2