08 LC
34 1675S
The
House Committee on Transportation offers the following substitute to HR
1226:
A
RESOLUTION
Proposing
an amendment to the Constitution so as to provide that funds derived from an
additional 1 percent levy in the general state-wide sales and use tax shall be
appropriated for any or all transportation purposes; to authorize the General
Assembly to allocate and specify and direct the use of such funds by general
law; to provide that 90 percent of the funds are to be expended for
transportation purposes in the regional commission area where the funds were
collected; to provide that 10 percent of the funds collected shall be expended
for state-wide transportation projects; to provide that the Department of
Transportation shall publish a list of projects to be funded; to provide for
submission of this amendment for ratification or rejection; and for other
purposes.
BE
IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
III, Section IX, Paragraph VI of the Constitution is amended by adding a new
subparagraph to read as follows:
"(b.1)(1)
The General Assembly shall levy an additional 1 percent general state-wide sales
and use tax to be used for transportation purposes for the time period specified
in subparagraph (b.1)(5). An amount equal to the sum of all funds collected
from this additional 1 percent general state-wide sales and use tax received by
the state in each of the immediately preceding fiscal years shall be used for
funding any or all transportation purposes as authorized by general law,
including, but specifically not limited to, capital outlay and maintenance
expenses. Any general law specifying the use of this additional 1 percent
general state-wide sales and use tax for transportation purposes shall provide
that an amount equal to 90 percent of the amount collected in a regional
commission area, as defined in the Official Code of Georgia Annotated, shall be
spent for transportation purposes in the regional commission area where it was
collected. The remaining 10 percent of the funds raised through the
transportation sales tax shall be deposited with the Department of
Transportation to be used for state-wide transportation projects. The
department shall only expend the funds held in this state-wide projects account
as directed by the General Assembly. However, this shall not preclude the
General Assembly from appropriating for such purposes an amount greater than the
sum specified above for such purposes. The expenditure of such funds shall be
subject to all the rules, regulations, and restrictions imposed on the
expenditure of appropriations by provisions of the Constitution and laws of this
state, unless such provisions are in conflict with the provisions of this
subparagraph; provided, however, that the proceeds of the tax appropriated under
this subparagraph shall not be subject to budgetary reduction. In the event of
invasion of this state by land, sea, or air or in case of a major catastrophe so
proclaimed by the Governor, said funds may be utilized for defense or relief
purposes on the executive order of the Governor.
(2)
An amount equal to the sum of all funds collected from this additional 1 percent
general state-wide sales and use tax from the sale of motor fuels shall be
deposited with the Department of Transportation to fund the Local Assistance
Roads Program and State Road Construction Fund, which is off system and most
needed.
(3)
The additional 1 percent state-wide sales and use tax for transportation
purposes levied under the provisions of this subparagraph shall be subject to
any sales and use tax exemption which is imposed by general law.
(4)
The Department of Transportation shall publish a list of projects to be funded
by the additional 1 percent general state-wide sales and use tax for
transportation purposes for each regional commission area established under
Article 2 of Chapter 8 of Title 50 no fewer than 60 days prior to holding the
referendum on the levy of the additional 1 percent general state-wide sales and
use tax for transportation purposes.
(5)
If the referendum proposing this tax is approved, the 1 percent general
state-wide sales and use tax for transportation purposes shall be levied
beginning January 1, 2009, and ending December 31, 2016. The General Assembly
shall provide by general law, no later than April 1, 2016, for a state-wide
referendum to be held in November, 2016, to determine whether the state-wide
sales and use tax for transportation purposes shall be extended for another
specified period of time."
SECTION
2.
The
above proposed amendment to the Constitution shall be published and submitted as
provided in Article X, Section I, Paragraph II of the Constitution. The ballot
submitting the above proposed amendment shall have written or printed thereon
the following:
|
"( ) YES
( ) NO
|
Shall
a state-wide transportation improvement plan be approved to relieve congestion,
increase capacity, and improve safety on Georgia´s roads with such
transportation system to be funded by adding an additional 1 percent levy in
the general state-wide sales and use tax which funds shall be dedicated for
transportation purposes in an amendment to the Georgia
Constitution?"
|
All
persons desiring to vote in favor of ratifying the proposed amendment shall vote
"Yes." All persons desiring to vote against ratifying the proposed amendment
shall vote "No." If such amendment shall be ratified as provided in said
Paragraph of the Constitution, it shall become a part of the Constitution of
this state.