LRB-1135/1
SRM:wlj:jf
2009 - 2010 LEGISLATURE
March 24, 2009 - Introduced by Representatives Gottlieb, Petrowski, J.
Fitzgerald, Ballweg, Brooks, Davis, Honadel, Huebsch, Kerkman, Kestell,
Knodl, LeMahieu, Lothian, Meyer, Montgomery, Mursau, Murtha, Nass,
Nerison, Nygren, Ripp, Stone, Strachota, Suder, Townsend, Vos, Zipperer,
Bies, Spanbauer
and Kaufert, cosponsored by Senators Hopper, Darling,
Olsen, Plale
and Schultz. Referred to Joint Committee on Finance.
AJR36,1,4 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 (first consideration).
Analysis by the Legislative Reference Bureau
Currently, the revenues generated by use of the state transportation system
may be deposited into any fund as provided by law. This proposed constitutional
amendment, proposed to the 2009 legislature on first consideration, requires that
such revenues be deposited into a transportation fund, and requires the legislature
to create such a fund and a department of transportation.
A proposed constitutional amendment requires adoption by two successive
legislatures, and ratification by the people, before it can become effective.
AJR36,1,5 5Resolved by the assembly, the senate concurring, That:
AJR36, s. 1 6Section 1. Section 9 of article IV of the constitution is renumbered section (9)
7(1) of article IV.
AJR36, s. 2 8Section 2. Section 9 (2) of article IV of the constitution is created to read:
AJR36,2,2
1[Article IV] Section 9 (2) The legislature shall provide by law for the
2establishment of a department of transportation and a transportation fund.
AJR36, s. 3 3Section 3. Section 11 of article VIII of the constitution is created to read:
AJR36,2,174 [Article VIII] Section 11. All funds collected by the state from any taxes or fees
5levied or imposed for the licensing of motor vehicle operators, for the titling,
6licensing, or registration of motor vehicles, for motor vehicle fuel, or for the use of
7roadways, highways, or bridges shall be deposited only into the transportation fund
8or with a trustee for the benefit of the department of transportation or the holders
9of transportation-related revenue bonds. None of the funds collected or received by
10the state from any source and deposited into the transportation fund shall be lapsed,
11further transferred, or appropriated to any program that is not directly administered
12by the department of transportation in furtherance of the department's
13responsibility for the planning, promotion, and protection of all transportation
14systems in the state except funds that were already lapsed, transferred, or
15appropriated from the transportation fund as of December 31, 2007. In this section,
16the term "motor vehicle" does not include any all-terrain vehicles, snowmobiles, or
17watercraft.
AJR36, s. 4 18Section 4. Numbering of new provisions. (1) The new section 11 of article
19VIII of the constitution created in this joint resolution shall be designated by the next
20higher open whole section number in that article if, before the ratification by the
21people of the amendment proposed in this joint resolution, any other ratified
22amendment has created a section 11 of article VIII of the constitution of this state.
23If one or more joint resolutions create a section 11 of article VIII simultaneously with
24the ratification by the people of the amendment proposed in this joint resolution, the
25sections created shall be numbered and placed in a sequence so that the sections

1created by the joint resolution having the lowest enrolled joint resolution number
2have the numbers designated in that joint resolution and the sections created by the
3other joint resolutions have numbers that are in the same ascending order as are the
4numbers of the enrolled joint resolutions creating the sections.
AJR36,3,175 (2) The new subsection (2) of section 9 of article IV of the constitution created
6in this joint resolution shall be designated by the next higher open whole subsection
7number in that section in that article if, before the ratification by the people of the
8amendment proposed in this joint resolution, any other ratified amendment has
9created a subsection (2) of section 9 of article IV of the constitution of this state. If
10one or more joint resolutions create a subsection (2) of section 9 of article IV
11simultaneously with the ratification by the people of the amendment proposed in this
12joint resolution, the subsections created shall be numbered and placed in a sequence
13so that the subsections created by the joint resolution having the lowest enrolled joint
14resolution number have the numbers designated in that joint resolution and the
15subsections created by the other joint resolutions have numbers that are in the same
16ascending order as are the numbers of the enrolled joint resolutions creating the
17subsections.
AJR36,3,20 18Be it further resolved, That this proposed amendment be referred to the
19legislature to be chosen at the next general election and that it be published for 3
20months previous to the time of holding such election.
AJR36,3,2121 (End)
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