May 5, 2010, 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 section 9 of article IX, to
provide for the use of certain revenues for transportation
purposes.
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 use of certain revenues
for transportation purposes, 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 regulatory fees, imposed directly or indirectly on fuels sold
or used to propel motor vehicles upon highways and to propel
aircraft and 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. All
revenues received by the state transportation department or other
public body named in a public-private partnership agreement
contract authorized under the law shall be used exclusively for
transportation purposes and for construction and maintenance of
transportation infrastructure, or for the repayment of bonds as
applicable, and shall not be used for the overhead costs of the
state transportation department or for non-transportation-related
purposes. Specific revenues that the state transportation
department may receive or share in via a public-private partnership
project authorized under the law shall only be used in a manner
related to the similar transportation purpose of the public-private
partnership projects that are the source of the revenue and not for
any other transportation purpose. In the case of a public-private
partnership project where bonding revenue exceeds actual
construction costs, surplus money shall be used to pay down any
applicable debt ahead of schedule.
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.
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.