HOUSE JOINT RESOLUTION Q

 

March 16, 2011, Introduced by Rep. Opsommer and referred to the Committee on Transportation.

 

     A joint resolution proposing an amendment to the state

 

constitution of 1963, by amending sections 9 and 10 of article IX,

 

to provide for the disposition of certain regulatory fees for

 

transportation purposes, to provide for certain conditions

 

concerning public-private agreements, and to dedicate a certain

 

percentage of sales tax revenue to road construction, maintenance,

 

and repair.

 

     Resolved by the Senate and House of Representatives of the

 

state of Michigan, That the following amendment to the state

 

constitution of 1963, to provide for the disposition of certain

 

regulatory fees for transportation purposes, to provide for certain

 

conditions concerning public-private agreements, and to dedicate a

 

certain percentage of sales tax revenue to road construction,


 

maintenance, and repair, is proposed, agreed to, and submitted to

 

the people of the state:

 

ARTICLE IX

 

     Sec. 9. All specific taxes, except general sales and use taxes

 

and certain regulatory fees, imposed directly or indirectly on

 

fuels sold or used to propel motor vehicles upon highways and to

 

propel aircraft and specific taxes and license and regulatory fees

 

and other money received and collected in sections 801 through 810

 

of the Michigan vehicle code, 1949 PA 300, MCL 257.801 to 257.810,

 

on registered motor vehicles and aircraft shall, after the payment

 

of necessary collection expenses, be used exclusively for

 

transportation purposes as set forth in this section.

 

     The increase in fees implemented by 1987 PA 232 in sections

 

309, 312e, 314e, 320e, 321a, 811, 812, 819, and 820 of the Michigan

 

vehicle code, 1949 PA 300, MCL 257.309, 257.312e, 257.314e,

 

257.320e, 257.321a, 257.811, 257.812, 257.819, and 257.820, shall

 

be deposited in the transportation economic development fund or

 

used for highway, road, or street projects designed primarily for

 

the use of motor vehicles using tires.

 

     Not less than 90 percent of the specific taxes, except general

 

sales and use taxes and regulatory fees, imposed directly or

 

indirectly on fuels sold or used to propel motor vehicles upon

 

highways and on registered motor vehicles shall, after the payment

 

of necessary collection expenses, be used exclusively for the

 

transportation purposes of planning, administering, constructing,

 

reconstructing, financing, and maintaining state, county, city, and

 

village roads, streets, and bridges designed primarily for the use


 

of motor vehicles using tires, and reasonable appurtenances to

 

those state, county, city, and village roads, streets, and bridges.

 

     The balance, if any, of the specific taxes, except general

 

sales and use taxes and regulatory fees, imposed directly or

 

indirectly on fuels sold or used to propel motor vehicles upon

 

highways and on registered motor vehicles, after the payment of

 

necessary collection expenses; 100 percent of the specific taxes,

 

except general sales and use taxes and regulatory fees, imposed

 

directly or indirectly on fuels sold or used to propel aircraft and

 

on registered aircraft, after the payment of necessary collection

 

expenses; and not more than 25 percent of the general sales taxes,

 

imposed directly or indirectly on fuels sold to propel motor

 

vehicles upon highways, on the sale of motor vehicles, and on the

 

sale of the parts and accessories of motor vehicles, after the

 

payment of necessary collection expenses; shall be used exclusively

 

for the transportation purposes of comprehensive transportation

 

purposes as defined by law.

 

     The legislature may authorize the incurrence of indebtedness

 

and the issuance of obligations pledging the taxes allocated or

 

authorized to be allocated by this section, which obligations shall

 

not be construed to be evidences of state indebtedness under this

 

constitution.

 

     All revenue, gifts, loans, cash, contributions, whether

 

contributions in kind or contributions as money, devises, bequests

 

from public or private sources, financing, and assistance received

 

by the state transportation department or other public body, public

 

agency, governmental authority, commission, intergovernmental


 

entity, or international compact entity named in or derived from a

 

transportation-related public-private partnership agreement

 

authorized under the law, associated interlocal agreement

 

authorized under the law, or other associated agreement authorized

 

under the law, shall be used exclusively for transportation-related

 

purposes and shall not be used for nontransportation-related

 

purposes.

 

     All revenue, gifts, loans, cash, contributions, whether

 

contributions in kind or contributions as money, devises, bequests

 

from public or private sources, financing, and assistance shall be

 

used for the construction, operation, or maintenance of the

 

specific transportation-related project named in a public-private

 

partnership agreement authorized under the law or associated

 

agreement authorized under the law, as well as for the repayment of

 

any transportation-project-related debt or transportation-project-

 

related obligations named in a lawfully authorized public-private

 

partnership agreement or lawfully authorized associated agreement.

 

     Revenue, gifts, loans, cash, contributions, whether

 

contributions in kind or contributions as money, devises, bequests

 

from public or private sources, financing, and assistance received

 

shall not be used for any other purpose or appropriated by any

 

legislative body, with the exception of surplus money transferred

 

after transportation-project-related debts and obligations have

 

been fully extinguished, which shall only be appropriated by the

 

legislature by the passage of law and for transportation-related

 

purposes.

 

     Any surplus money lawfully transferred as the result of a


 

highway-, road-, or bridge-related public-private partnership

 

agreement shall only be used for transportation-related

 

infrastructure designed primarily for the use of motor vehicles

 

using tires.

 

     The state transportation department or other public body,

 

public agency, governmental authority, commission,

 

intergovernmental entity, or international compact entity shall not

 

enter any agreement that would prohibit or impair the early

 

repayment of debt or obligations or deny the application of

 

Michigan law to the state transportation department or other public

 

body, public agency, governmental authority, commission,

 

intergovernmental entity, or international compact entity.

 

     No revenue-generating transportation-related public-private

 

partnership agreement shall be extended or renewed except by the

 

passage of law after at least 75% of the original public-private

 

partnership contract period has transpired.

 

     Sec. 10. Fifteen Seventeen percent of all taxes imposed on

 

retailers on taxable sales at retail of tangible personal property

 

at a rate of not more than 4% shall be used exclusively for

 

assistance to townships, cities and villages, on a population basis

 

as provided by law. In determining population the legislature may

 

exclude any portion of the total number of persons who are wards,

 

patients or convicts in any tax supported institution.

 

     Six percent of all taxes imposed on retailers on taxable sales

 

at retail of tangible personal property at a rate of not more than

 

4% shall be used exclusively for road construction, maintenance,

 

and repair as provided by law.


 

     Resolved further, That the foregoing amendment shall be

 

submitted to the people of the state at the next general election

 

in the manner provided by law.