Bill Text: GA HR419 | 2011-2012 | Regular Session | Introduced

Georgia House Resolution 419 (Prior Session Legislation)

Introduced

Bill Title: Motor fuels sales tax; appropriated to provide public-use airports; provide - CA

Sponsorship: Partisan Bill (Republican 6)

Status: (Introduced - Dead) 2011-03-01 - House Second Readers [HR419 Detail]

Download: Georgia-2011-HR419-Introduced.html

11 LC 34 2793

House Resolution 419

By: Representatives Harbin of the 118th, Cheokas of the 134th, England of the 108th, Roberts of the 154th, McCall of the 30th, and others

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that an amount equal to the state sales and use tax collected on sales of motor fuels for the purpose of propelling motor vehicles on the public roads of this state not otherwise exempted by general law shall be appropriated for all activities incident to providing and maintaining an adequate system of regional public-use airports in this state; to authorize the General Assembly to appropriate 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)(1) 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 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. And subparagraph; 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.

(2) An amount equal to 25 percent in 2013, then increasing each year thereafter by 5 percent to a maximum of 45 percent, of the state sales and use tax collected on sales of motor fuels for the purpose of propelling motor vehicles on the public roads of this state not otherwise exempted by general law on January 1, 2011, less the amount of refunds, rebates, and collection costs authorized by law, in each of the immediately preceding fiscal years, is hereby allocated to the regional public-use airports improvement fund for the fiscal year beginning July 1, 2013, and continuing on 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 the use of this fund by general law. 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 subparagraph; provided, however, that the proceeds of the tax hereby appropriated shall not be subject to budgetary reduction and shall not be subject to the provisions of Article III, Section IX, Paragraph IV(c), relative to the lapsing of funds, or to any allocation or balancing of state and federal funds otherwise required by general law. 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.

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 a portion of the state sales and use tax collected on the sale or use of motor fuel shall be appropriated to fund regional public-use airports?"

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.