Republican Representative Patricia Morgan submitted a House Resolution on Monday which formally requests Governor Gina Raimondo to seek an advisory opinion from the Rhode Island Supreme Court as to the constitutionality of the installation of multiple toll gantries and collection of tolls from 18-wheel tractor trailer trucks.
“We feel it is vitally important to the taxpayers of Rhode Island to determine whether or not the current scheme to toll large trucks only is legal. The American Trucking Associations has already signaled its intention to explore a legal challenge against the plan based on several elements of the new law. Thankfully, Rhode Island law provides the Governor with the authority to request an opinion from the Supreme Court, an opinion the Supreme Court is mandated to provide.
“During the debate before passage of this bill, we repeatedly raised our concerns and requested House leadership seek the opinion. Sadly, in their haste, our concerns fell on deaf ears. However, the concerns are real and we must do all we can to protect taxpayers from jeopardy. “
“The Governor is already hiring engineers and staff at the Department of Transportation and issuing RFPs for installing the toll gantries in anticipation of tolling our roads. She will soon begin the process of borrowing the $300 million in GARVEE debt. Our state’s taxpayer will be encumbered with the resultant contracts and enormous debt.”
“If the State spends money and tolls are later found to be unconstitutional, the taxpayers will be on the hook for the debt. This is 38 Studios on steroids.
“Rhode Islanders can probably see the excuses already. Some will claim innocence when the Courts demand that tolls be extended to all vehicles. Excuses are unacceptable. We have the ability to prevent this jeopardy today.
“We cannot responsibly proceed without an opinion from our RI Supreme Court. The damage to our taxpayers, our consumers and our economy is tenfold that of 38 Studios. Prudent and careful leadership demands answers BEFORE funds are spent.
“We are committed to a deep sense of obligation not only to our constituents, but to all Rhode Islanders to protect them from future liabilities. As elected officials, we owe it to every taxpayer to make sure the laws we pass are legal and improve the quality of life for everyone living in our state,” said Morgan. “Our laws cannot contain financial jeopardy and hardship for hardworking Rhode Islanders. Making sure truck tolling, as this law authorizes, is not discriminatory nor unconstitutional is a vital and indispensable action that we call on the Governor to take.”
