January Session, 2017
LCO No. 8707
REP. KLARIDES, 114th Dist.
REP. CANDELORA, 86th Dist.
REP. HOYDICK, 120th Dist.
REP. O'DEA, 125th Dist.
REP. O'NEILL, 69th Dist.
REP. FRANCE, 42nd Dist.
REP. DUBITSKY, 47th Dist.
"RESOLUTION APPROVING A STATE CONSTITUTIONAL AMENDMENT TO PROTECT TRANSPORTATION FUNDS. "
Strike everything after the resolving clause and substitute the following in lieu thereof:
"Section 1. That the following be proposed as an amendment to the Constitution of the State, which, when approved and adopted in the manner provided by the Constitution, shall, to all intents and purposes, become a part thereof:
Article third of the Constitution is amended by adding section 19 as follows:
Sec. 19. a. The Special Transportation Fund shall remain a perpetual fund. The general assembly shall direct the resources of said fund solely for transportation purposes and the payment of debt service on obligations of the state incurred for such purposes. All sources of funds required to be credited to the Special Transportation Fund as of the date this section is adopted and all other moneys and receipts of the state credited, deposited or transferred to said fund by state law, or otherwise designated by the general assembly to support said fund, on and after the date this section is adopted shall be credited, deposited or transferred to said fund, and such sources shall not be redirected, decreased or otherwise allocated. The general assembly shall enact no law authorizing the resources of said fund to be expended other than for transportation purposes and the payment of debt service on obligations of the state incurred for such purposes. The term "transportation purposes" means, with respect to the resources of the Special Transportation Fund, capital expenditure projects for the planning, construction, maintenance, repair or improvement of highways, sidewalks, bridges, mass transit, rail stations, ports and airports and shall include nondebt service-related operating costs paid with the resources of the Special Transportation Fund during the fiscal year ending June 30, 2017, and for each fiscal year thereafter, provided the amount of such operating costs for such fiscal year shall not be more than the amount paid for such costs during the previous fiscal year, increased by not more than three per cent.
b. Original jurisdiction is vested in the supreme court to be exercised on the petition of any resident of the state whereby said court may compel the general assembly, by mandamus or otherwise, to perform its duty.
RESOLVED: That the foregoing proposed amendment to the Constitution be continued to the next session of the General Assembly elected at the general election to be held on November 6, 2018, and published with the laws passed at the present session, or be presented to the electors at the general election to be held on November 6, 2018, whichever the case may be, according to article sixth of the amendments to the Constitution. The designation of said proposed amendment to be used on the ballots at such election shall be "Shall the Constitution of the State be amended to (1) require that all moneys to be credited to or in support of the Special Transportation Fund be expended solely for certain transportation purposes and the payment of debt service on obligations incurred by the state for such purposes, and (2) prohibit any such moneys from being redirected, decreased or otherwise allocated, and (3) vest the Supreme Court with original jurisdiction to compel compliance with this proposed amendment?""