A06608 Summary:

BILL NO    A06608 

SAME AS    No same as

SPONSOR    Burling (MS)

COSPNSR    Alfano, Calhoun, Finch, McDonough, Giglio, McKevitt, Hawley, Barra

MLTSPNSR   Barclay, Miller J, Spano

Add Art 7 SS20 & 21, Constn

Restricts the use of fees and taxes paid into a dedicated highway and bridge
trust fund and a dedicated mass transportation trust fund to be used only for
specified purposes.

A06608 Actions:

BILL NO    A06608 

03/06/2009 referred to ways and means
03/10/2009 to attorney-general for opinion
04/01/2009 opinion referred to judiciary
01/06/2010 referred to ways and means

A06608 Votes:

A06608 Memo:

BILL NUMBER:A6608

TITLE OF BILL:  CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY propos-
ing  an  amendment  to  article  7  of  the constitution, in relation to
restricting the use of fees and taxes paid into a dedicated highway  and
bridge trust fund and a dedicated mass transportation trust fund

PURPOSE OR GENERAL IDEA OF BILL:
This  concurrent resolution would amend Article 7 of the State Constitu-
tion to provide that monies in the Dedicated Highway  and  Bridge  Trust
Fund and monies in the Dedicated Mass Transportation Trust Fund may only
be used for specified purposes.
SUMMARY OF SPECIFIC PROVISIONS:
This concurrent resolution amends Article 7 of the State Constitution by
adding  a  new Section 20 and a new Section 21 as follows: 20. Monies in
the Dedicated Highway and Bridge Trust Fund shall not be appropriated or
used in any manner other than for reconstruction, replacement,  recondi-
tioning, restoration, rehabilitation and preservation of highways, park-
ways  and  bridges thereon, to restore such facilities to their intended
functions; construction, reconstruction, enhancement and improvement  of
highways, parkways and bridges thereon, to address current and projected
capacity  problems;  matching  federal  grants  or apportionments to the
State for highway, parkway and bridge capital projects; the  acquisition
of  real  property  and  interests  therein  required  or expected to be
required in connection with  such  projects;  payment  pursuant  to  any
agreement,  in  accordance with law, with private engineers, architects,
land surveyors or others practicing such professions, to facilitate such
projects; preventive maintenance activities  necessary  to  ensure  that
highways, parkways and bridges meet or exceed their optimum useful life;
expenses  associated  with  the  development  or  construction  of  such
projects up to the amount historically appropriated from the engineering
services fund from state sources except such amounts that are reimbursed
from  the  proceeds  of  the  accelerated  capacity  and  transportation
improvements  of  the  nineties  bond  act; payments to the general debt
service fund of amounts equal to amounts required for  service  contract
payments  as  provided and authorized by law to support the consolidated
local highway assistance program and the non-federal  share  of  federal
aid  municipal  street and highway projects; the payment of debt service
required on any bonds, notes or other obligations for  highway,  parkway
and  bridge  purposes  authorized  on or after the effective date of the
dedicated highway and bridge trust fund; and such other highway, parkway
and bridge purposes as may be authorized by the legislature pursuant  to
law.
21.  Monies in the Dedicated Mass Transportation Trust Fund shall not be
appropriated or used  in  any  manner  other  than  for  reconstruction,
replacement, purchase, modernization, improvement, reconditioning, pres-
ervation  and maintenance of mass transit facilities, vehicles and roll-
ing stock or the payment of debt service or operating expenses  incurred
by mass transit operating agencies.
JUSTIFICATION:
Many  states  which  have established Dedicated Highway and Bridge Trust
Funds have experienced a transferal of some of the monies to non-highway

and bridge purposes, such as deficit reduction.  This Concurrent  Resol-
ution  ensures  that the taxes and fees paid by highway and bridge users
are expended for the construction and maintenance of  those  facilities.
This  Concurrent Resolution further ensures that monies in the Dedicated
Mass Transportation Trust Fund enjoy similar protection.
PRIOR LEGISLATIVE HISTORY:
A.5131 of 2007-08 Held for consideration in ways  and  means  A.6312  of
2005-06 Opinion Referred to Judiciary Committee
A. 3900 of 2003-04 Held for consideration in ways and means
A. 4471 of 2001-02 Held for consideration in ways and means
A. 4302 of 1999-00 Held in Ways and Means
A. 6297 of 1997-98 Opinion Referred to Judiciary Committee
A.9794 of 1994 Opinion Referred to Judiciary Committee
A.6783 of 1993 Sent to the Attorney General for opinion
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
The constitutional protection of nearly $1.2 billion in revenues.
EFFECTIVE DATE:
This  amendment  shall  be  referred  to  the  first regular legislative
session convening after the next succeeding general election of  members
of  the Assembly, and, in conformity with Section l of Article 19 of the
Constitution, be published for three months previous to the time of such
election.