08 LC
34 1672S
The
House Committee on Appropriations offers the following substitute to HR
228:
A
RESOLUTION
Proposing
an amendment to the Constitution so as to provide that funds derived from sales
and use and motor fuel taxes with respect to jet fuel and aviation gasoline and
sales and use taxes with respect to locomotive fuel shall be allocated for
activities incident to providing and maintaining an adequate system of
public-use airports and railroads in this state, respectively; to authorize the
General Assembly to specify and direct the use of such funds by general law; 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 revising
subparagraph (b) as follows:
"(b)
An
Except as
otherwise provided in Paragraphs VIII and IX of this article,
an amount equal to all money derived from
motor fuel taxes received by the state in each of the immediately preceding
fiscal years, less the amount of refunds, rebates, and collection costs
authorized by law, is hereby appropriated for the fiscal year beginning July 1,
of each year following, for all activities incident to providing and maintaining
an adequate system of
public
public-use
roads and bridges in this state, as authorized by laws enacted by the General
Assembly of Georgia, and for grants to counties by law authorizing road
construction and maintenance, as provided by law authorizing such grants. Said
sum is hereby appropriated for, and shall be available for, the aforesaid
purposes regardless of whether the General Assembly enacts a general
appropriations Act; and said sum need not be specifically stated in any general
appropriations Act passed by the General Assembly in order to be available for
such purposes. 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
paragraph
Paragraph.
And provided, however, that the proceeds of the tax hereby appropriated 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."
SECTION
2.
Article
III, Section IX of the Constitution is amended by adding new Paragraphs to read
as follows:
"Paragraph
VIII.
Public-use airports improvement fund. An
amount of money equal to all money derived from sales and use and motor fuel
taxes with respect to jet fuel and aviation gasoline received by the state in
each of the immediately preceding fiscal years, less the amount of refunds,
rebates, and collection costs authorized by law, is hereby allocated to the
regional public-use airports improvement fund for the fiscal year beginning July
1, of each year following, for all activities incident to providing and
maintaining an adequate system of regional public-use airports in this state.
The General Assembly is specifically authorized to allocate and specify and
direct the use of the sum provided for under this Paragraph by general law. The
sum provided for under this Paragraph is appropriated for, and shall be
available for, the airport purposes authorized under this Paragraph regardless
of whether the General Assembly enacts a general appropriations Act; and said
sum need not be specifically stated in any general appropriations Act passed by
the General Assembly in order to be available for such purposes. 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 Paragraph; provided, however, that the proceeds of the tax
appropriated under this Paragraph 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.
Paragraph
IX.
Railroad improvement fund. An amount of
money equal to all money derived from sales and use taxes with respect to
locomotive fuel received by the state in each of the immediately preceding
fiscal years, less the amount of refunds, rebates, and collection costs
authorized by law, is hereby allocated to the railroad improvement fund for the
fiscal year beginning July 1, of each year following, for all activities
incident to providing and maintaining an adequate system of railroads in this
state. The General Assembly is specifically authorized to allocate and specify
and direct the use of the sum provided for under this Paragraph by general law.
The sum provided for under this Paragraph is appropriated for, and shall be
available for, the railroad purposes authorized under this Paragraph regardless
of whether the General Assembly enacts a general appropriations Act; and said
sum need not be specifically stated in any general appropriations Act passed by
the General Assembly in order to be available for such purposes. 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 Paragraph; provided, however, that the proceeds of the tax
appropriated under this Paragraph 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."
SECTION
3.
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
sales and use and motor fuel taxes with respect to jet fuel and aviation
gasoline and sales and use taxes with respect to locomotive fuel shall be
allocated for activities incident to providing and maintaining an adequate
system of public-use airports and railroads, respectively, and to authorize the
General Assembly to specify and direct the 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.