Delaware Specify Approved Uses of the Transportation Trust Fund Amendment (2017)

Delaware Specify Approved Uses of the Transportation Trust Fund Amendment
Ratification date May 18, 2017
Topic Restricted use funds
Sponsor State Rep. Gregory Lavelle (R-4)

The Delaware Specify Approved Uses of the Transportation Trust Fund Amendment was approved by the Delaware General Assembly and added to the Delaware Constitution on May 18, 2017.

The amendment limits the use of money in the Transportation Trust Fund to specified purposes.

Overview

What did this constitutional amendment do?

See also: Text of measure

The amendment prohibits the use of money in the Transportation Trust Fund except for:

• expenditures on the public transportation system, including grants and investments;
• the payment of debt incurred by the trust agreement; and
• other transportation-related purposes that are authorized as of May 18, 2017.

The amendment allows for additional uses of the Transportation Trust Fund if three-fourths of the Delaware General Assembly approve the changes in an annual budget, a bond, a capital improvement act, or a grants-in-aid act.

Who supported this constitutional amendment?

See also: The amendment in the Delaware General Assembly

State Rep. Gregory Lavelle (R-4) introduced the constitutional amendment to the Delaware General Assembly for their consideration. The legislature approved both versions of the amendment with a Bipartisan Partisan Directional Index.

Text of measure

Constitutional changes

See also: Delaware Constitution

The amendment added Section 12 to Article VIII of the Delaware Constitution. The following underlined text was added:

Note: Hover over the text and scroll to see the full text.

§ 12. The Transportation Trust Fund; use and restrictions.

(a) The State irrevocably pledges and assigns and continuously appropriates the proceeds derived from a motor vehicle registration fee, a motor vehicle document fee, a motor fuel tax, a motor carrier road use tax and registration fee, and the operation of the Delaware Turnpike to a special fund known as the Transportation Trust Fund.

(b) The moneys in the Transportation Trust Fund may be appropriated and used for the following purposes:

(1) Capital expenditures on the public transportation system, including the road system, grants and allocations for investments in transportation, the transit system, and the support systems for public transportation.

(2) Payment of the interest and principal on all indebtedness incurred before or after the effective date of this Act, including the payment of all other obligations incurred pursuant to any trust agreement related to such indebtedness, and secured by moneys in the Transportation Trust Fund.

(3) Other transportation-related purposes, including operating expenses, to which moneys in the Transportation Trust Fund are authorized on the effective date of this Act.

(c) No moneys in the Transportation Trust Fund may be appropriated for a purpose not listed in subsection (b) of this section except by an act of the General Assembly adopted with the concurrence of three-fourths of all members of each House and separate from an annual budget act, bond and capital improvement act, or grants-in-aid act.

(d) If moneys in the Transportation Trust Fund cease to be appropriated for a purpose under paragraph (b)(3) of this section, the moneys may not again be appropriated for a purpose under paragraph (b)(3) of this section except by an act of the General Assembly adopted with the concurrence of three-fourths of all members of each House and separate from an annual budget act, bond and capital improvement act, or grants-in-aid act.

Full text

The full text of the measure can be found here.

Amending the Delaware Constitution

The Delaware General Assembly has the sole and complete authority to amend the state constitution. Unlike in any other state, the state legislature can amend the constitution without a vote of the people. For the legislature to amend the constitution:

• two-thirds of all the members elected to each chamber must vote in favor of a proposed amendment;
• the Delaware Secretary of State must then publish the proposed amendment three months prior to the next general election in at least three newspapers in each county; and
• the subsequent General Assembly then votes again on the proposed amendment(s) and if an amendment receives two-thirds majority approval of all members of each chamber, it becomes part of the constitution.

The amendment in the Delaware General Assembly

Senate Bill 20 (2017)

State Rep. Gregory Lavelle (R-4) introduced the amendment to the state legislature on January 24, 2017. The state Senate passed the amendment on April 26 in a vote of 19-0, with two senators not voting. On May 18, the state House passed the amendment in a vote of 37-1, with three representatives not voting.

Partisan Direction Index = -3.8% (Bipartisan)

Democratic Support

100.0%

Republican Support

96.2%

Delaware State Senate

Voted on April 26, 2017

Votes Required to Pass: 14
	Yes	No	NV
Total	19	0	2
Total %	90.5%	0.0%	9.5%
Democratic (D)	9	0	2
Republican (R)	10	0	0

Delaware House of Representatives

Voted on May 18, 2017

Votes Required to Pass: 28
	Yes	No	NV
Total	37	1	3
Total %	90.2%	2.4%	7.3%
Democratic (D)	22	0	3
Republican (R)	15	1	0

Senate Bill 166 (2015)

On June 30, 2015, state Rep. Gregory Lavelle (R-4) introduced the amendment to the state legislature as Senate Bill 166. On July 1, the state Senate passed the amendment in a vote of 21-0. That same day, the state House passed the amendment in a vote of 38-1, with two representatives not voting. Totals were not available for the votes on this bill.

See also

• The Delaware Constitution
• Amending the Delaware Constitution
• State constitutional conventions
• Other constitutional amendments concerning Restricted use funds

External links

• Delaware General Assembly - Senate Bill 20 (2017)
• Delaware General Assembly - Senate Bill 166 (2015)