LANSING – The independent nonprofit Citizens Research Council on Friday released its analysis of the proposal to require a statewide vote to build any new international border crossing, noting that some vague language could extend that provision to any new bridge or tunnel project in the state.
The proposal’s language specifically defines “new international bridges or tunnels for motor vehicles as “any bridge or tunnel which is not open to the public and serving traffic as of January 1, 2012,” it explained.
“This definition does not mention the need that such a bridge or tunnel serve as an international crossing,” the report said. “Defining the term in such a manner could mean that all bridge and tunnel projects for which the State of Michigan (and its political subdivisions) is involved, that are not open to serve traffic as of January 1, 2012, will require statewide and municipal votes.”
That could mean that at every November general election, the report said, adding: “Obtaining these approvals would be nearly impossible and doing so in a timely manner would be out of the question.”
In responding to the criticism, Mickey Blashfield, spokesperson for The People Should Decide, the group backing Proposal 12-6, said the provision only modifies language affecting international bridges.
“You would have to ignore word international seven times and pretend that the word domestic is there. And if that was the case, we never would’ve gotten over the alter or abrogate because that would have affected the purview of MDOT and the Legislature on domestic road projects,” he said, referring to the proposal’s battle with opponents to overcome an argument that it had altered or abrogated sections of the constitution and should have been kicked off the ballot.
Another provision in this particular proposal, the CRC said, is that the way in which placing a bridge question before voters will occur “external to state government.”
“It parallels the procedure for citizens to initiate legislation, with the exception that it removes any possible legislative involvement in terms of approving or rejecting the question,” the report said. “Specifically, for a bridge question to appear on the statewide ballot, proponents (not the governor or legislature) would have to gather signatures of registered voters equal to 8 percent of the total vote cast for all candidates for governor at the previous general election.”
Blashfield said such language already exists for other provisions in the Constitution and that attorneys drafting this proposal merely mirrored it.
“It’s the governor who ignored the Legislature and decided to strike a deal with a foreign nation,” he said. “This ensures that the people have a say.”
Also, the Legislature would not have an opportunity to approve or reject the question of constructing or financing a new international bridge or tunnel within 40 days. Instead, the CRC said, after gathering sufficient signatures, the question regarding construction of a new international bridge or tunnel would automatically appear on the statewide ballot at the next general election.
One upside for proponents of the proposal is that the CRC echoed an argument they’ve made regarding less truck traffic, quoting a report by the Public Border Operators Association, which said that annual truck traffic using the Ambassador Bridge has declined in recent years by about 24 percent.
However, it also noted that congestion and commercial traffic delays at international crossing “can cost business firms significant dollars in lost earnings and cost the state economy in terms of jobs and resident incomes. One solution to address the congestion at the Ambassador Bridge is to construct a new crossing between Michigan and Canada.”
The report said that the 2008 value of international shipments of two of the three (Ambassador and Blue Water Bridge) eclipsed $200 billion alone, stressing the value of having a reliable transportation outlet as it relates to Michigan-Canadian trade.
Finally, the report said that it is unclear what or how many legal issues would be raised if the proposal is adopted and the state follows through on its interlocal agreement signed by Governor Rick Snyder and the Canadian government in June. The statewide vote requirement may not apply to the New International Trade Crossing project, it said, because Michigan has no direct responsibility for the construction or financing of the proposed bridge or related projects.
“It is likely that such issues, although debated in the arena of public opinion, ultimately will be resolved in the courts,” the report said.
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