Rep. Scott Guthrie makes a great play
Posted by: Brian Hull
in State Budget
on February 03, 2010 
Everyone is well aware that the Governor wants to withhold the excise tax payments due to cities and towns as part of his broad strategy to cut their funding and reduce state spending (and raise all of our property taxes).
Representative Scott Guthrie did his homework. He discovered that current statute reads that the third quarter tax payment was due to cities and towns by February 1. So, essentially, by Governor Carcieri refusing to release these funds to cities and town, he is breaking the law.
(c) Funds shall be distributed to the cities and towns and fire districts as follows: (vi) On February 1, 2003, and each February 1 thereafter, twenty-five percent (25%) of the amount calculated by the director of administration to be the difference for the current fiscal year.
Because of this, Rep. Guthrie introduced a resolution that "respectfully requests Governor Donald Carcieri to immediately adhere to the enacted FY 2010 Budget and reimburse Rhode Island’s cities and towns, and fire districts for the third quarter vehicle excise tax."
The FY 2010 supplemental budget proposed by Gov. Carcieri would change the law if it is adopted as is. There is some confusion about whether or not the legislative change can be back dated before February 1 to preclude any specific legal action that cities and towns can take against the Governor’s office.
Which brings me to my main point: some Mayor, City Manager, or City Council can and should file a lawsuit against the Governor for violating statute and refusing to release the excise tax funds to cities and towns. Doing so would force the Governor's hand. He would either have to choose to continue breaking the law by refusing to release the funds, or the cities and towns would get their third quarter excise tax payments.
Way to go Rep. Scott Guthrie!!!
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