The rental companies also argued that the surcharge

Both courts ruled the constitutional provision applies to a tax that is a prerequisite to using vehicles on public roads.The rental companies also argued that the surcharge was discriminatory because it forced out of state visitors to pay a special tax that residents of the county were shielded from. The state denied the law was passed with discriminatory intent.The state Supreme Court ruled the voters did not approve the surcharge with discriminatory intent because they did not intend to treat in state and out of state economic interests differently.Justice Clint Bolick dissented with the court majority over its views focusing on the state constitutional provision.court has created a loophole that allows the Legislature and those seeking its favour to divert funding from highways to other purposes, without the pesky inconvenience of constitutional amendment, Bolick wrote.Postmedia is committed to maintaining a lively but civil forum for discussion and encourage all readers to share their views on our articles. may take up to an hour for moderation before appearing on the site.

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