08 LC
34 1594
House
Resolution 1226
By:
Representatives Smith of the
129th,
Sheldon of the
105th,
Shaw of the
176th,
Harbin of the
118th,
Rogers of the
26th,
and others
A
RESOLUTION
Proposing
an amendment to the Constitution so as to provide that funds derived from an
additional 1 percent increase 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 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 is authorized to levy an additional 1 percent general
state-wide sales and use tax to be used for transportation purposes. 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. 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 upon an appropriation 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)
One percent of the amount raised by this transportation tax from the sale of
motor fuels shall be deposited with the Department of Transportation to fund the
Local Assistance Roads Program and construction and maintenance of the state
highway system.
(3)
If the referendum proposing this tax is approved, the state-wide sales and use
tax for transportation purposes shall be levied beginning January 1, 2009, and
ending December 31, 2015. A state-wide referendum shall be held in November,
2014, 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
the Constitution of Georgia be amended so as to provide that funds derived from
an additional 1 percent increase in the general state-wide sales and use tax
shall be used for any or all transportation purposes authorized by the General
Assembly and to authorize the General Assembly to direct the allocation and use
of such funds by general law?"
|
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.