Bill Text: CA SCAX21 | 2009-2010 | Regular Session | Introduced
Bill Title: Transportation Investment Fund.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2009-02-19 - From committee without further action. [SCAX21 Detail]
Download: California-2009-SCAX21-Introduced.html
BILL NUMBER: SCAX2 1 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Wyland
DECEMBER 9, 2008
A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending Section 1
of Article XIX B thereof, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
SCA 1, as introduced, Wyland. Transportation Investment Fund.
Article XIX B of the California Constitution requires, commencing
with the 2003-04 fiscal year, that sales taxes on motor vehicle fuel
that are deposited into the General Fund be transferred to the
Transportation Investment Fund (TIF) for allocation to various
transportation purposes. Article XIX B authorizes this transfer to be
suspended in whole or in part for a fiscal year during a fiscal
emergency pursuant to a proclamation by the Governor and the
enactment of a statute by a 2/3 vote in each house of the
Legislature, subject to various restrictions.
This measure would delete the provisions authorizing the transfer
of revenues to the TIF to be suspended during a fiscal emergency. The
measure would also prohibit a loan of TIF revenues under any
circumstances, and would prohibit any statute that would reduce the
extent to which these tax revenues are deposited into the General
Fund for transfer to the TIF for transportation purposes.
Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.
Resolved by the Senate, the Assembly concurring, That the
Legislature of the State of California at its 2009-10 Second
Extraordinary Session commencing on the first day of December 2008,
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:
That Section 1 of Article XIX B thereof is amended to read:
SECTION 1. (a) For the 2003-04 fiscal year and each fiscal
year thereafter, all moneys that are collected during the fiscal year
from taxes under the Sales and Use Tax Law (Part 1 (commencing with
Section 6001) of Division 2 of the Revenue and Taxation Code), or any
successor to that law, upon the sale, storage, use, or other
consumption in this State of motor vehicle fuel, and that are
deposited in the General Fund of the State pursuant to that law,
shall be transferred to the Transportation Investment Fund, which is
hereby created in the State Treasury.
(b) (1) For the 2003-04 to 2007-08 fiscal years, inclusive, moneys
in the Transportation Investment Fund shall be allocated, upon
appropriation by the Legislature, in accordance with Section 7104 of
the Revenue and Taxation Code as that section read on March 6, 2002.
(2) For the 2008-09 fiscal year and each fiscal year thereafter,
moneys in the Transportation Investment Fund shall be allocated
solely for the following purposes:
(A) Public transit and mass transportation.
(B) Transportation capital improvement projects, subject to the
laws governing the State Transportation Improvement Program, or any
successor to that program.
(C) Street and highway maintenance, rehabilitation,
reconstruction, or storm damage repair conducted by cities, including
a city and county.
(D) Street and highway maintenance, rehabilitation,
reconstruction, or storm damage repair conducted by counties,
including a city and county.
(c)
(3) For the 2008-09 fiscal year and each fiscal year
thereafter, moneys in the Transportation Investment Fund shall be
allocated, upon appropriation by the Legislature, as follows:
(A) Twenty percent of the moneys for the purposes set forth in
subparagraph (A) of paragraph (2) of subdivision (b)
.
(B) Forty percent of the moneys for the purposes set forth in
subparagraph (B) of paragraph (2) of subdivision (b)
.
(C) Twenty percent of the moneys for the purposes set forth in
subparagraph (C) of paragraph (2) of subdivision (b)
.
(D) Twenty percent of the moneys for the purposes set forth in
subparagraph (D) of paragraph (2) of subdivision (b)
.
(d) (1) Except as otherwise provided by paragraph (2), the
transfer of revenues from the General Fund of the State to the
Transportation Investment Fund pursuant to subdivision (a) may be
suspended, in whole or in part, for a fiscal year if all of the
following conditions are met:
(A) The Governor issues a proclamation that declares that, due to
a severe state fiscal hardship, the suspension of the transfer of
revenues required by subdivision (a) is necessary.
(B) The Legislature enacts by statute, pursuant to a bill passed
in each house of the Legislature by rollcall vote entered in the
journal, two-thirds of the membership concurring, a suspension for
that fiscal year of the transfer of revenues required by subdivision
(a) and the bill does not contain any other unrelated provision.
(C) No later than the effective date of the statute described in
subparagraph (B), a separate statute is enacted that provides for the
full repayment to the Transportation Investment Fund of the total
amount of revenue that was not transferred to that fund as a result
of the suspension, including interest as provided by law. This full
repayment shall be made not later than the end of the third fiscal
year immediately following the fiscal year to which the suspension
applies.
(2) (A)
(c) The transfer required by subdivision (a) shall not
be suspended for more than two fiscal years during any
period of 10 consecutive during any fiscal
years, which period begins with the first fiscal year
commencing on or after July 1, 2007, for which the transfer required
by subdivision (a) is suspended. year. No loans of
revenues transferred to the Transportation Investment Fund pursuant
to this secti on, or of revenues subsequently transferred
from the Transportation Investment Fund to other funds or
accounts pursuant to this article, shall be made under any
circumstances. No statute shall be valid that would reduce the extent
to which, pursuant to the statutory authority in effect on January
1, 2009, tax revenues as described in subdivision (a) are deposited
in the General Fund of the State.
(B) The transfer required by subdivision (a) shall not be
suspended during any fiscal year if a full repayment required by a
statute enacted in accordance with subparagraph (C) of paragraph (1)
has not yet been completed.
(e)
(d) The Legislature may enact a statute that modifies
the percentage shares set forth in paragraph (3) of
subdivision (c) (b) by a bill passed in
each house of the Legislature by rollcall vote entered in the
journal, two-thirds of the membership concurring, provided that the
bill does not contain any other unrelated provision and that the
moneys described in subdivision (a) are expended solely for the
purposes set forth in paragraph (2) of subdivision (b).
(f)
(e) (1) An amount equivalent to the total amount of
revenues that were not transferred from the General Fund of the State
to the Transportation Investment Fund, as of July 1, 2007, because
of a suspension of transfer of revenues pursuant to this section as
it read on January 1, 2006, but excluding the amount to be paid to
the Transportation Deferred Investment Fund pursuant to Section
63048.65 of the Government Code, shall be transferred from the
General Fund to the Transportation Investment Fund no later than June
30, 2016. Until this total amount has been transferred, the amount
of transfer payments to be made in each fiscal year shall not be less
than one-tenth of the total amount required to be transferred by
June 30, 2016. The transferred revenues shall be allocated solely for
the purposes set forth in this section as if they had been received
in the absence of a suspension of transfer of revenues.
(2) The Legislature may provide by statute for the issuance of
bonds by the state or local agencies, as applicable, that are secured
by the minimum transfer payments required by paragraph (1). Proceeds
from the sale of those bonds shall be allocated solely for the
purposes set forth in this section as if they were revenues subject
to allocation pursuant to paragraph (2) of subdivision (b).
