HomeMy WebLinkAboutResolutions - 1982.10.21 - 13424October 21, 1982
Miscellaneous Resolution # 82327
By James E. Lanni, County Commissioner, District #11
In re; Recovely of Funds Collected Under P. A. 266 of 1976
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen
WHEREAS the Oakland County Board of Commissioners believes that transportation
is crucial to the health and well-being of all residents; and
WHEREAS Oakland County residents have been taxed by the State Legislature under
P. A. 266 of 1976, in an amount exceeding 13 Million Dollars per year on license plates and
title transfers and
WHEREAS the Michigan Court of Appeals has ruled that the SEMTA tax is a specific
tax and is constitutional and directed the Secretary of State to continue to collect the tax.
However, the court also ordered that the revenues be deposited in an escrow account and not
be distributed to SEMTA until the Legislature takes corrective action to assure that the 90%-10%
limits of the constitution are met; and
WHEREAS, the Attorney General issued opinion number 0AG1980 No, 5737, which
stated that the taxes levied by the state for exclusive use of SEMTA were in violation of Article 9,
Sec 9 of the State Constitution which requires that at least 90% of specific taxes on highway users
be used for highway purposes and not more than 10% may be allocated for comprehensive transporta-
tion purposes; and
WHEREAS, P,A, 266 called for the merger of D-Dot and SEI\ATA which hasn't taken place.,
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
directs Civil Counsel to start legal action to get the Supreme Court to return PA. 1375 tax monies
to the counties it was collected from,
BE IT FURTHER RESOLVED that P..A, 266 fax monies be utilized and earmarked for a
local transportation program which was the reason the money was originally collected,
MR. CHAIRPERSON I move the adoption of the foregoing resolution,
..James E,111.nr,:li„caunty Cammissionel-
DistOct #1„/
#82327 October 21, 1982
The Chairperson referred the resolution to the General Government
Committee. There were no objections.