Passage of Proposal 6 Could Jeopardize Bridge Projects Throughout the State of Michigan
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For Immediate Release Contact: Tom Shields October 22, 2012 517-372-4400 [email protected] Passage of Proposal 6 Could Jeopardize Bridge Projects Throughout the State of Michigan Bridge Projects in Allegan, Barry, Ionia, Kent, Montcalm, Muskegon and Ottawa Counties Possibly Affected West Mich. – As if Proposal 6 doesn’t have enough reasons why it would be bad for Michigan with the monopoly protection for billionaire Matty Moroun, there is another possible conseQuence to statewide bridge projects if passed. Proposal 6 contains flawed language that could reQuire voters to approve any new bridge or tunnel built in the state after January 1, 2012 if the Constitutional amendment passes. Legal experts have analyzed the language in Proposal 6 determining that it is worded in such a way that includes any bridge, tunnel or overpass built in Michigan beginning in January 2012, not just international bridges or tunnels. According to the proposal, all international bridges must be approved by a statewide vote and a vote of the local community where the bridge would be built. The language also defines an international bridge as, “any bridge or tunnel that is not open to the public or serving traffic as of January 1, 2012.” According to the non-partisan Senate Fiscal Agency’s analysis of Proposal 6 “...the constitutional amendment could apply to all bridge and tunnel projects involving State resources, regardless of whether they were international, including bridges that are currently planned but not yet built. Additionally, the Senate Fiscal Agency also determined that any vote on a new bridge would add $2,000 per voting precinct, or an estimated $10.4 million statewide. -MORE- “This proposal would be bad public policy without the flawed language,” said Lt. Governor Brain Calley. “But this language could stop the 55 bridges the state is building this year and any bridge in the future. Proposal 6 would be an economic disaster for our state.” “No matter what your opinion is of the State of Michigan building a new international bridge from Detroit to Windsor, the language in Proposal 6 defining an “International Bridge” refers to any bridge and could reQuire a statewide and local vote on all bridge projects, thereby jeopardizing bridge projects across Michigan,” said Larry Merrill, Michigan Townships Association executive director. “The impractical and cumbersome process of necessitating that signatures be collected to put a bridge project on local and state ballots should definitely cause local governments to be concerned about Proposal 6 and its far-reaching impact.” “We don’t need sloppy constitutional amendments in our State’s Constitution,” said Andy Johnston, Vice President of Governmental Affairs for the Grand Rapids Area Chamber of Commerce. “And we certainly cannot afford to jeopardize rebuilding Michigan’s infrastructure because one company wants to protect their monopoly.” “Michigan needs to focus on job creation. The NITC would support nearly 12,000 construction-related jobs and more than 25,000 new jobs once the bridge is open. There are an additional 5,000 construction jobs at stake with other bridge projects planned for the next three years,” said Douglas W. Stockwell, Business Manager, International Union of Operating Engineers Local 324. “This ballot proposal could put all of those jobs in jeopardy, and with the state of the economy, we should not be turning down new jobs.” In Allegan, Barry, Ionia, Kent, Montcalm, Muskegon and Ottawa counties, there are a total of nine bridges that were either built or repaired in 2012, totaling at $22,903,914. For 2013- 2014, these seven counties are set to either build or repair 15 bridges and overpasses, totaling $110,845,489. They are all in jeopardy if Proposal 6 passes. County # Of Bridges (all 3 years) Total Cost Allegan 4 $6,043,814 Barry 1 $2,655,000 Ionia 4 $11,332,850 Kent 1 $4,242,402 Montcalm 4 $4,399,837 Muskegon 1 $810,000 Ottawa 9 $104,265,500 TOTAL 24 $133,749,403 These seven counties are not the only areas in Michigan heavily affected by Proposal 6. In 2012, the number of bridge projects completed or scheduled for repairs by the end of the year statewide is 55. These 55 bridge repairs will cost a total of $116,522,277. -MORE- For 2013-2014, the number of bridges across the state set to be repaired or rebuilt is 113, at a total cost of $413,888,606. Year # Of Bridges Total Cost 2012 55 $116,522,277 2013-2014 113 $413,888,606 TOTALS 168 $530,410,883 Taxpayers Against Monopolies is a ballot question committee formed to oppose the People Should Decide ballot proposal. Opponents of the proposal include the business, labor, and community groups throughout Michigan. For more information, go to www.facebook.com/TaxpayersAgainstMonopolies ### Paid for by Taxpayers Against Monopolies, 225 S. Washington SQ., Lansing, MI 48933 Legal Opinion: Proposal 6 Jeopardizes All Future State and Local Bridge and Tunnel Projects The following are excerpts from legal briefs filed by attorneys from the law firms Honigman Miller and Miller Canfield regarding the ballot language in Proposal 6 that would require a statewide and local vote on “any” new bridge or tunnel built in Michigan. The ballot petition at issue filed by “The People Should Decide” (the “Petition”) proposes to amend the Constitution to subject the State’s authority to build any bridge or tunnel (not just “international” bridges and tunnels) to a statewide and local veto vote. And it so limits the State’s authority without any exception for such things as homeland security, national disaster, economic or transportation need. Most troubling, however, is the remarkably expansive and retroactive reach of the Petition’s limitations on the State’s constitutional authority to construct and finance bridges and tunnels of any kind—whether international or otherwise. Although the proposed amendment appears on it’s surface to apply to “international” bridges and tunnels, the proposed amendment would actually apply to all bridges or tunnels within the State of Michigan dating back to January 1, 2012. Indeed, the proposed definition of “new international bridges or tunnels for motor vehicles” is much broader than “new international” infrastructure and includes in no uncertain terms: “any bridge or tunnel which is not open to the public and serving traffic as of January 1, 2012.” (emphasis added). If adopted, the proposed amendment, backed by a private interest, international bridge owner in Detroit, would prohibit, by definition, the State of Michigan (including its subdivisions or instrumentalities) from constructing or financing any bridge or tunnel for motor vehicle traffic—whether international or otherwise—unless it receives prior approval from both the statewide electorate and the local, municipal electorate where the new bridge or tunnel would be located. As a consequence of this dual requirement, even if a proposed bridge were approved by the voters of the entire State, a single municipality such as Detroit could block development of the bridge from ever occurring. Conversely, even if a particular municipality was in desperate need of a new bridge or tunnel, one could not be built absent approval from the entire State. -MORE- Proposal 6 Ballot Language 6 Paid for by Taxpayers Against Monopolies, 225 S. Washington Sq., Lansing, MI 48933 2012 Local Bridge Projects That Will Be Affected By The People Should Decide Ballot Proposal Route Location County Costs East Washington Road Over Bad River, Gratiot County Gratiot $1,583,400 W Taft Road Over Otter Creek, Gratiot County Gratiot $1,122,030 West River Road Over N. B. of Chippewa River, Isabella Co Isabella $1,123,584 Beal City Road Over S. B. Salt River, Isabella County Isabella $989,789 Bishop Road At Miller Drain, Saginaw County Saginaw $1,552,500 South Merrill Road Over South Branch Bad River, Saginaw Co Saginaw $995,400 County Road 544 Over Flat River, Montcalm County Montcalm $1,262,100 Pontaluna Road Over Norris Creek, Muskegon County Muskegon $810,000 23 Mile Road At North Branch Clinton River, Macomb County Macomb $4,800,000 26 Mile Road At Deer Creek, Macomb County Macomb $985,500 Beech Road Over Rouge River, City of Southfield Oakland $1,807,200 Avon Road Over Clinton River, Oakland County Oakland $3,645,000 Livernois Road Over Clinton River Oakland $4,030,500 S. Main Street At Mill Creek, City of Yale St. Clair $1,437,000 Lakeshore Road Over Carrigan Drain, St Clair County St. Clair $930,000 Aarwood Road NW At Rapid River, Kalkaska County Kalkaska $1,200,000 Low Bridge Road Over Pine River, Manistee County Manistee $1,200,000 220th Avenue At Big Beaver Creek, Osceola County Osceola $690,000 190th Avenue Over Hersey River, Osceola County Osceola $750,000 200th Avenue Over Rose Lake Outlet, Osceola County Osceola $690,000 638 Highway Over Black River, Presque Isle County Presque Isle $960,000 2nd Street At Gun River, Allegan County B01 Allegan $1,599,753 2nd Street At Gun River, Allegan County B03 Allegan $1,403,061 113th Avenue Over N. Br. Black River Allegan $1,447,000 N Michigan Avenue Over Thornapple River, City of Hastings Barry $2,655,000 Jonesville Road Over County Drain 33, Branch County Branch $515,000 Redfield Road Over Christiana Creek, Cass County Cass $1,156,000 River Street Over Kalamazoo River, Kalamazoo Co Kalamazoo $3,333,300 Kime Road Over Fawn River, St. Joseph County St. Joseph $1,002,000 Golf Course Road over Falls River Baraga $900,000 County Road Ch Over Middle Branch Escanaba River, Marquette Co Marquette $660,000 County Road 550 Over Adler Creek, Marquette County Marquette $1,050,000 E Colony Road Over Maple River, Clinton County Clinton $1,245,000 E Kalamo Highway Over Battle Creek River, Eaton County Eaton $814,800 Tripp Road At E B St.