2013 - 2014 LEGISLATURE
February 20, 2013 - Offered by Senators T. Cullen, Wirch, Risser, C. Larson,
Hansen, Harris, Lehman and Erpenbach.
AJR2-SSA1,1,5 1To renumber section 9 of article IV; and to create section 9 (2) of article IV and
2section 11 of article VIII of the constitution; relating to: creation of a
3department of transportation, creation of a transportation fund, and deposit of
4funds into the transportation fund; and prohibiting transfers from the general
5fund to the transportation fund (first consideration).
AJR2-SSA1,1,6 6Resolved by the senate, the assembly concurring, That:
AJR2-SSA1,1 7Section 1. Section 9 of article IV of the constitution is renumbered section 9
8(1) of article IV.
AJR2-SSA1,2 9Section 2. Section 9 (2) of article IV of the constitution is created to read:
AJR2-SSA1,1,1110 [Article IV] Section 9 (2) The legislature shall provide by law for the
11establishment of a department of transportation and a transportation fund.
AJR2-SSA1,3 12Section 3. Section 11 of article VIII of the constitution is created to read:
1[Article VIII] Section 11. All funds collected by the state from any taxes or fees
2levied or imposed for the licensing of motor vehicle operators, for the titling,
3licensing, or registration of motor vehicles, for motor vehicle fuel, or for the use of
4roadways, highways, or bridges, and from taxes and fees levied or imposed for
5aircraft, airline property, or aviation fuel or for railroads or railroad property shall
6be deposited only into the transportation fund or with a trustee for the benefit of the
7department of transportation or the holders of transportation-related revenue
8bonds, except for collections from taxes or fees in existence on December 31, 2010,
9that were not being deposited in the transportation fund on that date. None of the
10funds collected or received by the state from any source and deposited into the
11transportation fund shall be lapsed, further transferred, or appropriated to any
12program that is not directly administered by the department of transportation in
13furtherance of the department's responsibility for the planning, promotion, and
14protection of all transportation systems in the state except for programs for which
15there was an appropriation from the transportation fund on December 31, 2010. No
16money shall be transferred from the general fund to the transportation fund. In this
17section, the term "motor vehicle" does not include any all-terrain vehicles,
18snowmobiles, or watercraft.
AJR2-SSA1,4 19Section 4. Numbering of new provision. If another constitutional
20amendment ratified by the people creates the number of any provision created in this
21joint resolution, the chief of the legislative reference bureau shall determine the
22sequencing and the numbering of the provisions whose numbers conflict.
1Be it further resolved, That this proposed amendment be referred to the
2legislature to be chosen at the next general election and that it be published for three
3months previous to the time of holding such election.