2013 - 2014 LEGISLATURE
January 18, 2013 - Introduced by Representatives Ripp, Kahl, August, Bernier,
Bies, Brooks, Czaja, Danou, Doyle, Endsley, Honadel, Jacque, Jorgensen,
Kaufert, Kerkman, Kestell, Klenke, LeMahieu, T. Larson, Marklein,
Murphy, Mursau, Nerison, Nygren, A. Ott, Petersen, Petryk, Pridemore,
Schraa, Smith, Spiros, Stone, Steineke, Strachota, Tauchen, Thiesfeldt,
Tittl, Tranel, Weininger, Zepnick and Ballweg, cosponsored by Senators
Petrowski, Carpenter, Lazich, Farrow, Gudex, Harsdorf, Kedzie, Lasee,
Leibham, Moulton, Olsen, Schultz and Darling. Referred to Committee on
section 9 of article IV; and to create
section 9 (2) of article IV and 2
section 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 (second consideration).
Analysis by the Legislative Reference Bureau
Explanation of Proposal
This proposed constitutional amendment, to be given second consideration by
the 2013 legislature for submittal to the voters in November 2014, was first
considered by the 2011 legislature in 2011 Senate Joint Resolution 23, which became
2011 Enrolled Joint Resolution 4.
The amendment requires that the revenues generated by use of the state
transportation system be deposited into a transportation fund, and requires the
legislature to create such a fund and a department of transportation.
Procedure for Second ConsideratioN
When a proposed constitutional amendment is before the legislature on second
consideration, any change in the text approved by the preceding legislature causes
the proposed constitutional amendment to revert to first consideration status so that
second consideration approval would have to be given by the next legislature before
the proposal may be submitted to the people for ratification [see joint rule 57 (2)].
If the legislature approves a proposed constitutional amendment on second
consideration, it must also set the date for submitting the proposed constitutional
amendment to the people for ratification and must determine the question or
questions to appear on the ballot.
Whereas, the 2011 legislature in regular session considered a proposed 2
amendment to the constitution in 2011 Senate Joint Resolution 23
, which became 3
2011 Enrolled Joint Resolution 4, and agreed to it by a majority of the members 4
elected to each of the two houses, which proposed amendment reads as follows:
Section 9 of article IV of the constitution is renumbered
section 9 (1) of article IV.
Section 9 (2) of article IV of the constitution is created to
[Article IV] Section 9 (2) The legislature shall provide by law for the
establishment of a department of transportation and a transportation
Section 11 of article VIII of the constitution is created to
[Article VIII] Section 11. All funds collected by the state from any
taxes or fees levied or imposed for the licensing of motor vehicle operators,
for the titling, licensing, or registration of motor vehicles, for motor vehicle
fuel, or for the use of roadways, highways, or bridges, and from taxes and
fees levied or imposed for aircraft, airline property, or aviation fuel or for
railroads or railroad property shall be deposited only into the
transportation fund or with a trustee for the benefit of the department of
transportation or the holders of transportation-related revenue bonds,
except for collections from taxes or fees in existence on December 31, 2010,
that were not being deposited in the transportation fund on that date.
None of the funds collected or received by the state from any source and
deposited into the transportation fund shall be lapsed, further
transferred, or appropriated to any program that is not directly
administered by the department of transportation in furtherance of the
department's responsibility for the planning, promotion, and protection of
all transportation systems in the state except for programs for which there
was an appropriation from the transportation fund on December 31, 2010.
In this section, the term "motor vehicle" does not include any all-terrain
vehicles, snowmobiles, or watercraft.
4. Numbering of new provision.
constitutional amendment ratified by the people creates the number of
any provision created in this joint resolution, the chief of the legislative
reference bureau shall determine the sequencing and the numbering of
the provisions whose numbers conflict.
1Now, therefore, be it resolved by the assembly, the senate concurring,
the foregoing proposed amendment to the constitution is agreed to by the 2013 3
legislature; and, be it further
the foregoing proposed amendment to the constitution be 5
submitted to a vote of the people at the election to be held on the Tuesday after the 6
first Monday in November 2014; and, be it further
the question concerning ratification of the foregoing proposed 8
amendment to the constitution be stated on the ballot as follows:
"Creation of a Transportation Fund.
Shall section 9 (2) of 10
article IV and section 11 of article VIII of the constitution be created to create a 11
department of transportation and a transportation fund and require all revenues 12
generated by the state transportation system to be deposited into the transportation 13