Legislative leaders face choices in ferry toll fight with Perdue

Published: April 23, 2012 

GOP legislative leaders were relentless last year in their determination to have passengers pay a bigger share of operating costs for the state ferry system. But since February, when Democratic Gov. Bev Perdue announced a moratorium on collecting new and increased tolls, Republicans have not been in any hurry to take action that would implement the tolls -- which were supposed to start April 1 -- quickly.

The tolls were ordered in state budget legislation for five of the state's seven ferry routes, including two commuter ferries that have always operated without tolls. Republican legislators in coastal counties have heard more protest about the tolls than they expected, from voters who will decide whether to re-elect them this year.

Today the legislature's joint transportation oversight committee is scheduled to consider a proposal to postpone the new tolls for two years, giving coastal residents more time to recover from the effects of the recession and Hurricane Irene. Several Republicans expressed sympathy for the idea in a recent meeting before committee leaders cut off debate.

Republicans say it is up to Perdue to heed the advice of Democratic Attorney General Roy Cooper, who says she had no authority to block collection of the tolls.

But if Perdue declines to back down, Republicans face these options:

* Endorse a postponement of the new tolls, acknowledging economic suffering in ferry-dependent communities during this election year.

* Take Perdue to court, asking a judge to strike down her moratorium and force DOT to start collecting the tolls. This could cost time and money, and it's not clear whether a judge would agree with the legislature.

* Amend state law to eliminate contradictory language about ferry governance. When the legislature amended the law to direct DOT to "establish" tolls on five ferry routes, it forgot to delete older, contradictory language -- cited by Perdue -- giving DOT "discretion" over what tolls it will "collect."

* Pass a separate bill directly overturning Perdue's moratorium.

Perdue's legal adviser says the toll collection will proceed if the legislature stops the moratorium or clarifies the language that gives DOT power over toll collection.

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