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 (see today's story with reader comments). [Update: Legislators back repeal of ferry tolls.] 

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: ... [MORE]

Chris Mackey, press secretary for Gov. Bev Perdue, released this response to the opinion by Attorney General Roy Cooper's office that she exceeded her authority in imposing a moratorium on new and increased ferry tolls:

“The Governor believes her executive order is both legal and right. The Governor issued her order because she doesn’t think it is right to collect ferry taxes from working families in eastern North Carolina.

“If the Republican leaders of the General Assembly are determined to collect the ferry tax, they can do it when they return to Raleigh in ten days. The Governor’s executive order clearly states that the General Assembly can vote to end the moratorium at any time.”

In a five-paragraph letter to a House Republican leader, the state attorney general's office offered its opinion Friday that the legislature's order for new and increased ferry tolls is still in effect, despite Democratic Gov. Bev Perdue's attempt to stop it.

"We believe that an Executive Order which directly conflicts with a law enacted by the General Assembly raises substantial concerns under our Constitution," Grayson G. Kelley, chief deputy attorney general, concluded in a letter to Rep. Phillip Frye. "It is therefore our opinion that a direct conflict between a law enacted by the General Assembly and an Executive Order issued by the Governor must be resolved through implementation of the law."

The full text of Kelley's letter, dated Thursday and delivered Friday to Frye's office, is below. Check here for details on Perdue's attempt to block the ferry tolls, and here for the texts of two related documents: Perdue's Feb. 29 order and a March 8 memo on the legal issues from Gerry Cohen, one of the legislature's lawyers.

Documents:

Republican legislators are unhappy about Gov. Bev Perdue's decision to block new and increased ferry tolls, and they are looking into the legality of her move.

In a budget they passed over the Democratic governor's veto, Republicans ordered new tolls on two river ferries now used, toll-free, by commuters, and rate increases on three other ferry routes that have tolls now. Perdue declared that DOT has legal discretion to determine whether tolls will be increased, and she announced a one-year moratorium on any toll change.

"Right now we're trying to find out if the governor's decision is legal, to take action on a budget that has been approved," Rep. Phillip Frye, an Avery County Republican, said Thursday. Frye is co-chair of the House Transportation Appropriations Subcommittee, which will hear from DOT ferry officials at a meeting next Thursday. "It's a line item in our transportation budget for money going toward the ferries." ... [MORE]

View NC 12 & NC Ferry Routes in a larger map

Gov. Bev Perdue said today she will block new tolls on two free river ferries used by commuters, and rate increases on three ferries that collect tolls now, ordered by the legislature to take effect April 1. [2/29/12 update: see today's story with reader comments.]

"This new ferry tax -- which I have always opposed -- is both excessive and discriminatory," Perdue said in a news release. "It is unjust for the General Assembly to balance their budget on the backs of coastal working men and women." ... [MORE]

The N.C. Turnpike Authority began selling electronic devices this morning that will enable drivers pass through the cash-free toll road without slowing down to deposit coins in a bucket when the first section of the highway opens to the public in December. [10/12/11 update: see today's story.]

The turnpike authority's service center in Morrisville had sold 19 of the "transponders" by mid-day Tuesday. The first customers were mostly public officials who lined up at the sales windows as part of a publicity event for the new service center and the electronic devices.

The transponders cost $5 for in-state toll roads and $20 for use in North Carolina as well as toll roads in other states on the East Coast. The devices, which will be attached to windshields, will be read electronically at the tolls and drivers will be billed on their credit cards.

The first 3.4-mile section of State Road 147 will open in December and will begin charging the toll fee Jan. 3. The fee will be 50 cents for drivers with transponders. Drivers without transponders will be billed 77 cents by mail, based on the license plate of their car.