Bill Text: CA AB1308 | 2011-2012 | Regular Session | Introduced

California Assembly Bill 1308 (Prior Session Legislation)

Introduced

Bill Title: Highway Users Tax Account: appropriation of funds.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1308 Detail]

Download: California-2011-AB1308-Introduced.html

BILL NUMBER: AB 1308	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Miller
   (Coauthors: Assembly Members Galgiani and Portantino)
   (Coauthor: Senator Huff)

                        FEBRUARY 18, 2011

   An act to amend Section 2101 of, and to amend the heading of
Chapter 3 (commencing with Section 2100) of Division 3 of, the
Streets and Highways Code, relating to transportation, and making an
appropriation therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1308, as introduced, Miller. Highway Users Tax Account:
appropriation of funds.
   Article XIX of the California Constitution requires revenues from
state excise taxes on motor vehicle fuels for use in motor vehicles
upon public streets and highways, over and above the cost of
collection and any refunds authorized by law, to be used for various
street and highway purposes and for certain mass transit guideway
purposes. Existing law requires state excise fuel tax revenues to be
deposited in various accounts and to be allocated, in part, for
various purposes, including the cost of collection and authorized
refunds. Existing law requires the balance of these funds remaining
after authorized deductions to be transferred to and deposited
monthly in the Highway Users Tax Account in the Transportation Tax
Fund. Existing law provides for formula apportionment of specified
revenues in the Highway Users Tax Account to cities and counties for
the transportation purposes authorized by Article XIX of the
California Constitution, and requires other portions of those
revenues to be transferred to and deposited in the State Highway
Account in the State Transportation Fund. Existing law provides that
the money in the Highway Users Tax Account is appropriated for the
above-described transportation purposes, but also generally provides
that the money in the State Highway Account may not be expended until
appropriated by the Legislature.
   This bill, in any year in which the Budget Act has not been
enacted by July 1, would provide that all moneys in the Highway Users
Tax Account in the Transportation Tax Fund, except as specified, are
continuously appropriated and may be encumbered for certain purposes
until the Budget Act is enacted. The bill would thereby make an
appropriation. The bill would authorize the Controller to make
estimates in order to implement these provisions.
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The heading of Chapter 3 (commencing with Section 2100)
of Division 3 of the Streets and Highways Code is amended to read:
      CHAPTER 3.  HIGHWAY USERS TAX  FUND  
ACCOUNT 


  SEC. 2.  Section 2101 of the Streets and Highways Code is amended
to read:
   2101.   (a)    All moneys in the Highway Users
Tax Account in the Transportation Tax Fund and hereafter received in
the account are appropriated for all of the following: 
   (a) 
    (1)  The research, planning, construction, improvement,
maintenance, and operation of public streets and highways (and their
related public facilities for nonmotorized traffic), including the
mitigation of their environmental effects, the payment for property
taken or damaged for  such   those 
purposes, and the administrative costs necessarily incurred in the
foregoing purposes. 
   (b) 
    (2)  The research and planning for exclusive public mass
transit guideways (and their related fixed facilities), the payment
for property taken or damaged for  such   those
 purposes, and the administrative costs necessarily incurred in
the foregoing purposes. 
   (c) 
    (3)  The construction and improvement of exclusive
public mass transit guideways (and their related fixed facilities),
including the mitigation of their environmental effects, the payment
for property taken or damaged for  such   those
 purposes, the administrative costs necessarily incurred in the
foregoing purposes, and the maintenance of the structures and the
immediate right-of-way for the public mass transit guideways, but
excluding the maintenance and operating costs for mass transit power
systems and mass transit passenger facilities, vehicles, equipment,
and services, in any area where the voters thereof have approved a
proposition pursuant to Section 4 of Article XIX of the California
Constitution. 
   (d) 
    (4)  The payment of principal and interest on
voter-approved bonds issued for the purposes specified in 
subdivision (c)   paragraph (3)   ,  
consistent with Section 5 or 6 of Article XIX of the California
Constitution  . 
   (b) Notwithstanding Section 13340 of the Government Code or any
other provision of law, in any year in which a Budget Act has not
been enacted by July 1 for the fiscal year beginning on July 1, all
moneys in the Highway Users Tax Account in the Transportation Tax
Fund, except those moneys described in paragraph (2) of subdivision
(a) of Section 2103, are hereby continuously appropriated and may be
encumbered for the prior fiscal year appropriations and for the
purposes specified in this section until the Budget Act for the
fiscal year beginning July 1 is enacted. To the extent necessary to
implement this subdivision, the Controller may make estimates of
appropriations and apportionments, as the case may be, for the
purpose of making apportionments or transfers specified in this
chapter. Upon enactment of a Budget Act for the fiscal year beginning
July 1, the Controller shall make necessary adjustments to reflect
actual appropriations and apportionments.