California Senate Bill SCA7 Latest Draft

 BILL NUMBER: SCA 7AMENDED BILL TEXT AMENDED IN SENATE MAY 28, 2015 INTRODUCED BY Senator Huff (Coauthors: Senators Anderson, Bates, Berryhill, Cannella, Fuller, Gaines,  Moorlach,  Morrell, Nguyen, Nielsen, Runner, Stone, and Vidak)  (   Coauthors:   Assembly Members   Travis Allen,   Baker,   Brough,   Chang,   Chvez,   Gallagher,   Hadley,   Jones,   Kim,   Lackey,   Olsen,   Steinorth,   and Waldron   )  APRIL 9, 2015 A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Sections 1, 5, 6, and 8 of, and adding  Section   Sections  11  and 12  to, Article XIX thereof, relating to transportation. LEGISLATIVE COUNSEL'S DIGEST SCA 7, as amended, Huff. Motor vehicle fees and taxes: restriction on expenditures. (1) Article XIX of the California Constitution restricts the expenditure of revenues from taxes imposed by the state on fuels used in motor vehicles upon public streets and highways to street and highway and certain mass transit purposes, and restricts the expenditure of revenues from fees and taxes imposed by the state upon vehicles or their use or operation to state administration and enforcement of laws regulating the use, operation, or registration of vehicles used upon the public streets and highways, as well as to street and highway and certain mass transit purposes. These restrictions do not apply to revenues from taxes or fees imposed under the Sales and Use Tax Law or the Vehicle License Fee Law. Article XIX prohibits the Legislature from borrowing revenues from taxes imposed by the state on fuels used in motor vehicles, and from using those revenues other than as specifically permitted by Article XIX. Article XIX provides that up to 25% of fuel tax revenues allocated to the state may be pledged or used for the payment of principal and interest on voter-approved transportation bonds issued for street and highway purposes on and after November 2, 2010, upon voter approval and appropriation by the Legislature. Article XIX provides that up to 25% of fuel tax revenues allocated to cities and counties may be pledged or used for the payment of principal and interest on voter-approved transportation bonds issued for street and highway purposes. However, in counties where voters have approved the use of fuel tax revenues for certain mass transit purposes, Article XIX provides that the Legislature may authorize any fuel tax revenues allocated to mass transit purposes to be pledged or used for payment of principal and interest on voter-approved bonds issued for those mass transit purposes. This measure would prohibit the Legislature from borrowing revenues from fees and taxes imposed by the state on vehicles or their use or operation, and from using those revenues other than as specifically permitted by Article XIX. The measure would also provide that none of those revenues may be pledged or used for the payment of principal and interest on bonds or other indebtedness. The measure would delete the provision that provides for use of any fuel tax revenues allocated to mass transit purposes to be pledged or used for payment of principal and interest on voter-approved bonds issued for those mass transit purposes, and would instead subject those expenditures to the existing 25% limitation applicable to  the  use of fuel tax revenues for street and highway bond purposes.  This measure would also restrict the expenditure of revenues from taxes imposed by the state on motor vehicle fuels used in propelling water-borne vessels solely to purposes relating to boating facilities, safety, and boating-related activities, as specified, and would prohibit the Legislature from borrowing those revenues.  (2) Article XI of the California Constitution  requires, of   requires  the revenues derived under the Vehicle License Fee  Law, the revenues   Law  from a rate that does not exceed 0.65% of the market value of a vehicle to be allocated to cities and counties, and does not restrict expenditure of those revenues for a particular purpose. This measure would require revenues derived from that portion of the vehicle license fee rate that exceeds 0.65% of the market value of a vehicle to be used  solely  for street and highway  purposes. The measure   purposes and  would prohibit the Legislature from borrowing those  revenues, and from using those revenues other than as specifically permitted. This   revenues. The  measure would also  provide that none of   prohibit  those revenues  may be   from being  pledged or used for the payment of principal and interest on bonds or other indebtedness. (3) This measure would make other conforming changes. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. WHEREAS, Transportation infrastructure is vital to a growing and robust California economy; and WHEREAS, In order to continue growing and remain a national economic leader, California must prioritize transportation funding; and WHEREAS, California has 175,499 miles of public roads; and WHEREAS, California roadways have $59 billion in accumulated deferred maintenance, and 87 percent of county roads have an average pavement rating of "at risk" or "poor"; and WHEREAS, The average California driver pays $832 annually for the increased cost of vehicle maintenance, tire wear, and increased gas costs because California streets and roads are in such disrepair; and WHEREAS, In 2002, the voters passed Proposition 42, with 69 percent of the vote, which purported to guarantee transportation taxes and fees would only be used for transportation purposes; and WHEREAS, During the fiscal crisis beginning in 2009, taxes and fees being paid by California's drivers were diverted to the state General Fund and not used to repair or maintain California streets and roads; and WHEREAS, The state fiscal crisis has abated but the diversion of transportation taxes and fees continues; and WHEREAS, Unmet needs caused by the diversion of certain transportation taxes and fees have created an environment of crumbling infrastructure and increased costs to repair the state's street and highway system; and WHEREAS, To keep the Proposition 42 promise to the voters that transportation taxes and fees shall only be used for transportation purposes and not diverted to the General Fund to pay the cost of general obligation bonds, and to ensure that any future transportation fees or taxes are used only for transportation purposes, the voters should be given an opportunity to close the Proposition 42 loophole; now, therefore, be it Resolved by the Senate, the Assembly concurring, That the Legislature of the State of California at its 2015-16 Regular Session commencing on the first day of December 2014, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California that the Constitution of the State be amended as follows: First-- That Section 1 of Article XIX thereof is amended to read: SECTION 1. The Legislature shall not borrow revenues subject to Section 2, 3,  or  11,  or 12  and shall not use these revenues for purposes, or in ways, other than those specifically permitted by this article. Second-- That Section 5 of Article XIX thereof is amended to read: SEC. 5. Revenues subject to Section 2 may not be expended for the purposes specified in subdivision (b) of Section 2, except for research and planning, until that use is approved by a majority of the votes cast on the proposition authorizing that use of those revenues in an election held throughout the county or counties, or a specified area of a county or counties, within which the revenues are to be expended. Third-- That Section 6 of Article XIX thereof is amended to read: SEC. 6. (a) Up to 25 percent of the revenues subject to Section 2 that are allocated to the State may be pledged or used by the State for the payment of principal and interest on voter-approved bonds issued by the State on or after November 2, 2010, for the purposes specified in Section 2, upon approval by the voters of this use of the revenues and appropriation of the revenues by the Legislature. (b) Up to 25 percent of the revenues subject to Section 2 that are allocated to any city or county may be pledged or used by that city or county for the payment of principal and interest on voter-approved bonds issued by that city or county for the purposes specified in Section 2, upon approval by the voters of this use of the revenues. (c) Revenues subject to Section 2, 3,  or 11   11, or 12  shall not be pledged or used for the payment of principal and interest on bonds or other indebtedness, except as specifically provided in this section. Fourth-- That Section 8 of Article XIX thereof is amended to read: SEC. 8. This article shall not affect or apply to taxes imposed pursuant to the Sales and Use Tax Law, or the Vehicle License Fee Law, and all amendments and additions now or hereafter made to those statutes, except as provided in Section 11. Fifth-- That Section 11 is added to Article XIX thereof, to read: SEC. 11. From the revenues derived from taxes imposed pursuant to the Vehicle License Fee Law, and all amendments and additions now or hereafter made to that statute, other than fees on trailer coaches and mobilehomes, over and above the costs of collection and any refunds authorized by law, those revenues derived from that portion of the vehicle license fee rate that exceeds 0.65 percent of the market value of the vehicle shall be used solely for the purposes specified in subdivision (a) of Section 2.  Sixth--   That Section 12 is added to Article XIX thereof, to read:   SEC. 12.   Revenues from taxes imposed by the State on motor vehicle fuels for use in propelling water-borne vessels, over and above the costs of collection and any refunds authorized by law, shall be deposited into the Harbors and Watercraft Revolving Fund (Section 85 of the Harbors and Navigation Code) or its successor, and shall be used solely for the following purposes:   For boating facilities development, boating safety, boating regulation programs, construction of small craft harbor and boating facilities planned, designed, and constructed by the State at sites owned or under the control of the State, and other boating-related activities.