June 6, 2017

O’Dea Pushes for Improved Constitutional “LockBox” to Protect Transportation Funds

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Click above for video of Rep. O’Dea’s floor remarks.

With the hours ticking away to an adjournment of the 2017 legislative session, State Representative Tom O’Dea (R-125) introduced an amendment to strengthen a “lockbox” resolution before the House which would amend the state constitution purporting to reserve funds deposited in the state’s Special Transportation Fund to that fund, preventing sweeps of transportation dollars for other state budget expenses.

Citing flaws in the underlying legislation, O’Dea proposed the amendment to assure that the funds intended for the state’s roads and bridges could not be swept by future legislatures.

“Everyone in this legislature, and all the residents of this state know full well that our transportation infrastructure is suffering, and many of our roads and bridges are badly in need of repair,” said Rep. O’Dea. “We know that the reason for this is that historically, the legislature has swept funds from the Special Transportation Fund to fund other budget priorities. The only way we can ensure that these funds remain dedicated to the purpose for which they are intended is through a constitutional amendment that specifically prohibits raids on these funds.”

The amendment Rep. O’Dea advanced would have changed the underlying resolution, which had no clear prohibition against sources of the funds being redirected, decreased, or otherwise allocated. In other words, the legislative majority can get around the lockbox by sweeping the money before it actually entered the fund. O’Dea’s amendment would have prohibited revenue sources for the Transportation Fund from being redirected, decreased or otherwise allocated.

Another feature of O’Dea’s amendment would give any state resident standing in law to bring court action to enforce the lockbox, and would grant the state’s supreme court the jurisdiction to compel the General Assembly to adhere to the requirements of the lockbox.

Through a parliamentary maneuver, majority legislators prevented the amendment from being voted on. The underlying measure, HJR 100, passed the House and will now go to the Senate for action there. This session of the General Assembly adjourns tomorrow evening at midnight.