CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Constitutional Amendment No. 2

Introduced by Senator Newman

January 18, 2017

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, and 6 of Article XIX thereof, and by amending Section 1 of Article XIX A thereof, relating to transportation.


LEGISLATIVE COUNSEL'S DIGEST


SCA 2, as introduced, Newman. 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 upon public streets and highways, 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 also 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 prohibit those vehicle revenues and fuel tax revenues from being pledged or used for the payment of principal and interest on general obligation bonds issued by the state, except that vehicle weight fee revenues would be authorized to be pledged or used for the payment of principal and interest on general obligation transportation bonds approved prior to January 1, 2017. The measure would retain existing restrictions, as described above, for use of fuel tax revenues to pay principal and interest on other transportation bonds, but would authorize the use of fuel tax revenues and vehicle fee revenues attributable to tax and fee rate increases enacted on or after January 1, 2017, to pay principal and interest on debt service for revenue bonds issued for expenditures consistent with Article XIX. The measure would repeal the authorization for 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 same restrictions applicable to the use of fuel tax revenues for street and highway bond purposes.
(2) Article XIX A of the California Constitution requires the deposit of a specified portion of the sales and use tax on diesel fuel in the Public Transportation Account in the State Transportation Fund, and restricts the expenditure of those revenues to certain transportation and mass transportation purposes. Article XIX A prohibits the Legislature from borrowing these revenues and from using these revenues other than as specifically permitted by Article XIX A.
This measure would subject an additional portion of the existing sales and use tax on diesel fuel to the requirements, restrictions, and prohibitions of Article XIX A. The measure would also require all revenues attributable to a future increase by the state in the sales and use tax rate on diesel fuel above the rate in effect on January 1, 2017, to be deposited in the Public Transportation Account and to be subject to Article XIX A. The measure would prohibit the pledging or use of sales and use tax revenues on diesel fuel that are dedicated to the Public Transportation Account, and any other revenues in the account, for the payment of principal and interest on general obligation bonds issued by the state.
(3) This measure would make other conforming changes.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  
Resolved by the Senate, the Assembly concurring, That the Legislature of the State of California at its 2017–18 Regular Session commencing on the fifth day of December 2016, 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 revenue from the Highway Users Tax Account, or its successor, revenues subject to Section 2 or 3, 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 allocated pursuant subject to Section 4 2 may not be expended for the purposes specified in subdivision (b) of Section 2, except for research and planning, until such that use is approved by a majority of the votes cast on the proposition authorizing such that use of such 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. The Legislature may authorize the revenues approved for allocation or expenditure under this section to be pledged or used for the payment of principal and interest on voter-approved bonds issued for the purposes specified in subdivision (b) of Section 2.

Third—

 That Section 6 of Article XIX thereof is amended to read:

SEC. 6.
 (a) Up (1) Revenues subject to Section 2 or 3 shall not be pledged or used for the payment of principal and interest on general obligation bonds issued by the State, except as specifically provided in paragraph (2).
(2) Revenues subject to Section 3 derived from vehicle weight fees may be pledged or used for the payment of principal and interest on general obligation transportation bonds that were approved by the voters prior to January 1, 2017, and issued for expenditures consistent with Section 2.
(b) (1) Revenues subject to Section 2 or 3 shall not be pledged or used for the payment of principal and interest on revenue bonds or other similar indebtedness, except as specifically provided in this subdivision.
(2) Up to 25 percent of the revenues subject to Section 2 that are allocated to the State pursuant to Section 4 for the purposes specified in subdivision (a) of Section 2 of this article may be pledged or used by the State, upon approval by the voters and appropriation by the Legislature, State for the payment of principal and interest on voter-approved bonds subject to this subdivision issued by the State on or after November 2, 2010, for such the purposes issued by the State on and after November 2, 2010. specified in Section 2, upon approval by the voters of this use of the revenues and upon appropriation of the revenues by the Legislature.

(b)

(3) Up to 25 percent of the revenues subject to Section 2 that are allocated to any city or county pursuant to Section 4 for the purposes specified in subdivision (a) of Section 2 of this article may be pledged or used only by any that city or county for the payment of principal and interest on voter-approved bonds subject to this subdivision issued by that city or county for such purposes. the purposes specified in Section 2, upon approval by the voters of this use of the revenues.
(4) Notwithstanding paragraphs (2) and (3), the portion of revenues subject to Sections 2 or 3 that is attributable to increases in tax or fee rates enacted on or after January 1, 2017, may be pledged or used by the recipient state or local agency for the payment of principal and interest on revenue bonds or other similar indebtedness issued for expenditures consistent with Section 2 or 3, as applicable.

Fourth—

 That Section 1 of Article XIX A thereof is amended to read:

SECTION 1.
 (a) The Legislature shall not borrow revenues from the Public Transportation Account, or any successor account, and shall not use these revenues for purposes, or in ways, other than those specifically permitted by this article.
(b) The Public Transportation Account in the State Transportation Fund, or any successor account, is a trust fund. The Legislature may not change the status of the Public Transportation Account as a trust fund. Funds in the Public Transportation Account may not be loaned or otherwise transferred to the General Fund or any other fund or account in the State Treasury.
(c) (1) All revenues specified in paragraphs (1) through (3), inclusive, of subdivision (a) of Section 7102 of the Revenue and Taxation Code, as that section read on June 1, 2001, shall be deposited no less than quarterly into the Public Transportation Account (Section 99310 of the Public Utilities Code), Account, or its successor. The
(2) All revenues specified in Sections 6051.8 and 6201.8 of the Revenue and Taxation Code, as those sections read on January 1, 2017, and all revenues attributable to an increase in the sales and use tax rate on diesel fuel imposed by the State above the rate in effect on January 1, 2017, shall be deposited no less than quarterly into the Public Transportation Account, or its successor.
(3) The Legislature may not take any action which temporarily or permanently diverts or appropriates these the revenues described in paragraphs (1) and (2) for purposes other than those described in subdivision (d), or delays, defers, suspends, or otherwise interrupts the quarterly deposit of these funds into the Public Transportation Account.
(d) Funds in the Public Transportation Account may only be used for transportation planning and mass transportation purposes. The
(e) (1) The revenues described in paragraph (1) of subdivision (c) are hereby continuously appropriated to the Controller without regard to fiscal years for allocation as follows:

(1)

(A) Fifty percent pursuant to subdivisions (a) through (f), inclusive, of Section 99315 of the Public Utilities Code, as that section read on July 30, 2009.

(2)

(B) Twenty-five percent pursuant to subdivision (b) of Section 99312 of the Public Utilities Code, as that section read on July 30, 2009.

(3)

(C) Twenty-five percent pursuant to subdivision (c) of Section 99312 of the Public Utilities Code, as that section read on July 30, 2009.
(2) The revenues described in paragraph (2) of subdivision (c) shall be available for allocation to mass transportation purposes consistent with this section.
(f) The revenues described in subdivision (c) and any other revenues in the Public Transportation Account shall not be pledged or used for the payment of principal and interest on general obligation bonds issued by the State.

(e)

(g) For purposes of paragraph (1) of subdivision (d), “transportation planning” means only the purposes described in subdivisions (c) through (f), inclusive, of Section 99315 of the Public Utilities Code, as that section read on July 30, 2009.

(f)

(h) For purposes of this article, “mass transportation,” “public transit,” and “mass transit” have the same meaning as “public transportation.” “Public transportation” means:
(1) (A) Surface transportation service provided to the general public, complementary paratransit service provided to persons with disabilities as required by 42 U.S.C. 12143, or similar transportation provided to people with disabilities or the elderly; (B) operated by bus, rail, ferry, or other conveyance on a fixed route, demand response, or otherwise regularly available basis; (C) generally for which a fare is charged; and (D) provided by any transit district, included transit district, municipal operator, included municipal operator, eligible municipal operator, or transit development board, as those terms were defined in Article 1 of Chapter 4 of Part 11 of Division 10 of the Public Utilities Code on January 1, 2009, a joint powers authority formed to provide mass transportation services, an agency described in subdivision (f) of Section 15975 of the Government Code, as that section read on January 1, 2009, any recipient of funds under Sections 99260, 99260.7, 99275, or subdivision (c) of Section 99400 of the Public Utilities Code, as those sections read on January 1, 2009, or a consolidated agency as defined in Section 132353.1 of the Public Utilities Code, as that section read on January 1, 2009.
(2) Surface transportation service provided by the Department of Transportation pursuant to subdivision (a) of Section 99315 of the Public Utilities Code, as that section read on July 30, 2009.
(3) Public transit capital improvement projects, including those identified in subdivision (b) of Section 99315 of the Public Utilities Code, as that section read on July 30, 2009.