CC - 2010-10 - Supporting the Local Taxpayer, Public Safety & Transportation Protection Act 2010ATTACHMENT B
CITY OF ROSEMEAD
RESOLUTION NO. 2010-10
A RESOLUTION OF THE ROSEMEAD CITY COUNCIL SUPPORTING
THE LOCAL TAXPAYER, PUBLIC SAFETY AND
TRANSPORTATION PROTECTION ACT OF 2010
WHEREAS, California voters have repeatedly and overwhelmingly passed separate ballot
measures to stop State raids of local government funds, and to dedicate the taxes on gasoline
to fund local and state transportation improvement projects; and
WHEREAS, these local government funds are critical to provide the police and fire, emergency
response, parks, libraries, and other vital local services that residents rely upon every day, and
gas tax funds are vital to maintain and improve local streets and roads, to make road safety
improvements, relieve traffic congestion, and provide mass transit; and
WHEREAS, despite the fact that voters have repeatedly passed measures to prevent the State
from taking these revenues dedicated to funding local government services and transportation
improvement projects, the State Legislature has seized and borrowed billions of dollars in local
government and transportation funds in the past few years; and
WHEREAS, this year's borrowing and raids of local government, redevelopment and transit
funds, as well as previous, ongoing raids of local government and transportation funds have
lead to severe consequences, such as layoffs of police, fire and paramedic first responders,
fire station closures, stalled economic development, healthcare cutbacks, delays in road safety
improvements, public transit fare increases and cutbacks in public transit services; and
WHEREAS, State politicians in Sacramento have continued to ignore the will of the voters, and
current law provides no penalties when state politicians take or borrow these locally-dedicated
funds; and
WHEREAS, a coalition of local government, transportation and transit advocates recently filed
a constitutional amendment with the California Attorney General, called the Local Taxpayer,
Public Safety, and Transportation Protection Act of 2010, for potential placement on
California's November 2010 statewide ballot; and
WHEREAS, approval of this ballot initiative would close loopholes and change the constitution
to further prevent State politicians in Sacramento from seizing, diverting, shifting, borrowing,
transferring, suspending or otherwise taking or interfering with tax revenues dedicated to
funding local government services, including redevelopment, or dedicated to transportation
improvement projects and mass transit.
NOW THEREFORE, BE IT FURTHER RESOLVED, that the Rosemead City Council formally
endorses the Local Taxpayer, Public Safety and Transportation Protection Act of 2010, a
proposed constitutional amendment.
BE IT FURTHER RESOLVED that we hereby authorize the listing of the Rosemead City
Council in support of the Local Taxpayer, Public Safety and Transportation Protection Act of
2010 and instruct staff to fax a copy of this resolution to campaign offices at 916.442.3510.
PASSED, APPROVED, AND ADOPTED this 12th day of January 2010.
MARGARET CLARK
MAYOR
I~CLI _ 1 <\l I o~ r'1
ATTEST
GLORIA MOLLEDA
CITY CLERK
APPFO)"ED AS TO FORM:
, - ~ AA hr-7
i rATT Y
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify that the foregoing
Resolution No. 2010-10 being:
A RESOLUTION OF THE ROSEMEAD CITY COUNCIL SUPPORTING THE LOCAL
TAXPAYER, PUBLIC SAFETY AND TRANSPORTATION PROTECTION ACT OF 2010
was duly and regularly approved and adopted by the Rosemead City Council on the 12th of
January, 2010, by the following vote to wit:
Yes: Armenta, Clark, Low, Ly Taylor
No: None
Abstain: None
Absent: None
Gloria Molleda
City Clerk
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CIT COUNCIL
FROM: JEFF ALLRED, CITY MANAGER ,f
DATE: JANUARY 12, 2010 J
SUBJECT: LOCAL TAXPAYER, PUBLIC SAFETY AND TRANSPORTATION
PROTECTION ACT OF 2010
SUMMARY
The League of California Cities (League) is asking the Rosemead City Council to support a
League sponsored initiative entitled the "Local Taxpayer, Public Safety, and Transportation
Protection Act of 2010" by adopting the attached resolution.
Staff Recommendation
Staff recommends that the City Council approve Resolution No. 2010-10.
ANALYSIS
In September 2009, the League proposed a ballot measure, for the November 2010
Election, that seeks to protect local revenues from state takeaways. These takeaways have
become a common occurrence during the State's ongoing budget crisis. With the State's
continued actions of taking and/or borrowing local government, transit and transportation
funds, this measure seeks to protect taxpayers and the vital local government and
transportation services that support our quality of life and economy. This measure will close
loopholes to prevent the State from borrowing, raiding or otherwise redirecting local
government, transportation, and public transit funds.
A coalition, which includes the League, local government, transportation and public transit
leaders now needs to collect more than 1.1 million signatures to ensure it meets the
required 694,354 valid signatures required to qualify a constitutional amendment for the
statewide ballot.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
Aileen Flores
Public Affairs Manager
Attachments: A - Local Taxpayer, Public Safety, and Transportation Protection
Act of 2010
B- Resolution No. 2010-10 ITEM NO. C
APPROVED FOR CITY COUNCIL AGENDA:
ATTACHMENT A
09-0063
,Arndt--ANS
Section One. Title.
This act shall be known and may be cited as the "local Taxpayer, Public Safety, and
Transportation Protection Act of 2010."
Section Two. Findings and Declarations.
The people of the State of California find and declare that:
(a) In order to maintain local control over local taxpayer funds and protect vital services
like local fire protection and 9-1-1 emergency response, law enforcement, emergency room
care, public transit, and transportation improvements, California voters have repeatedly and
overwhelmingly voted to restrict state politicians in Sacramento from taking revenues
dedicated to funding local government services and dedicated to funding transportation
Improvement projects and services.
(b) By taking these actions, voters have acknowledged the critical importance of
preventing State raids of revenues dedicated to funding vital local government services and
transportation improvement projects and services.
(c) Despite the fact that voters have repeatedly passed measures to prevent the State
from taking these revenues dedicated to funding local government services and transportation
improvement projects and services, state politicians in, Sacramento have seized and borrowed
billions of dollars in local government and transportation funds.
(d) In recent years, state politicians in Sacramento have specifically:
(1) Borrowed billions of dollars in local property tax revenues that would otherwise be
used to fund local police, fire and paramedic response and other vital local services,
(2) Sought to take and borrow billions of dollars in gas tax revenues that voters have
dedicated to on-going transportation projects and tried to use them for non-transportation
purposes;
(3) Taken local community redevelopment funds on numerous occasions and used them
for unrelated purposes;
(4) Taken billions of dollars from local public transit like bus, shuttle, light-rail and
regional commuter rail, and used these funds for unrelated state purposes.
(e) The continued raiding and borrowing of revenues dedicated to funding local
government services and dedicated to funding transportation improvement projects can cause
severe consequences, such as layoffs of police, fire and paramedic first responders, fire station
closures, healthcare cutbacks, delays in road safety improvements, public transit fare increases
and cutbacks in public transit services.
(f) State politicians in Sacramento have continued to ignore the will of the voters, and
current law provides no penalties when state politicians take or borrow these dedicated funds.
(g) It is hereby resolved, that with approval of this ballot initiative, state politicians in
Sacramento shall be prohibited from seizing, diverting, shifting, borrowing, transferring,
suspending or otherwise taking or Interfering with tax revenues dedicated to funding local
government services or dedicated to transportation improvement projects and services.
Section Two and One-Half. Statement of Purpose.
The purpose of this measure is to conclusively and completely prohibit state politicians
in Sacramento from seizing, diverting, shifting, borrowing, transferring, suspending or
otherwise taking or Interferingwith revenues that are dedicated to funding services provided
by local government or funds dedicated to transportation improvement projects and services.
Section Three. Section 24 of Article Xlll of the California Constitution is hereby amended to
read as follows:
jalThe Legislature may not impose taxes for local purposes but may authorize local
governments to impose them.
(b) The Legislature may not reallocate, transfer, borrow, appropriate, restrict the use
of, or otherwise use the proceeds of any tax imposed or levied by a local government solely for
the local governments purposes.
W Money appropriated from state funds to a local government for its local purposes
may be used as provided by law.
) Money subvened to a local government under Section 25 may be used for state or
local purposes.
Section Four. Section 2S.S of Article Xill of the California Constitution is hereby amended to
read as follows:
SEC. 25.5. (a) On or after November 3, 2004, the Legislature shall not enact a statute to
do any of the following:
(1) (A) Except as otherwise provided in subparagraph (B), modify the manner in which
ad valorem property tax revenues are allocated in accordance with subdivision (a) of Section 1
of Article XIII A so as to reduce for any fiscal year the percentage of the total amount of ad
valorem property tax revenues in a county that is allocated among all of the local agencies in
that county below the percentage of the total amount of those revenues that would be
allocated among those agencies for the same fiscal year under the statutes in effect on
November 3, 2004. For purposes of this subparagraph, "percentage" does not include any
property tax revenues referenced in paragraph (2).
(B) BegiARiAg With the 2008 09 In the 2009-10 fiscal year only, and except as otherwise
provided in subparagraph (C), subparagraph (A) may be suspended fore that fiscal year if all of
the following conditions are met:
(i) The Governor issues a proclamation that declares that, due to a severe state fiscal
hardship, the suspension of subparagraph (A) is necessary.
(ii) The Legislature enacts an urgency 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,
that contains a suspension of subparagraph (A) forthat fiscal year and does not contain any
other provision.
(iii) No later than the effective date of the statute described in clause (ii), a statute is
enacted that provides for the full repayment to local agencies of the total amount of revenue
losses, including interest as provided by law, resulting from the modification of ad valorem
property tax revenue allocations to local agencies. This full repayment shall be made not later
than the end of the third fiscal year immediately following the fiscal year to which the
modification applies.
SUbPBFagFaph (A) us suspeRded,
(III SubpaFagFaph (A) shall Rot he suspended dwFiFig any fiseal yeaF ifthe full Fepaymem
been-eernpleted.
;iv)LCI A suspension of subparagraph (A) shall not result in a total ad valorem property
tax revenue loss to all local agencies within a county that exceeds 8 percent of the total amount
of ad valorem property tax revenues that were allocated among all local agencies within that
county for the fiscal year immediately precedingthe fiscal yearfor which subparagraph (A) is
suspended.
(2)(A) Except as otherwise provided in subparagraphs (B) and (C), restrict the authority
of a city, county, or city and county to impose a tax rate under, or change the method of
distributing revenues derived under, the Bradley-Burns Uniform Local Sales and Use Tax Law set
forth in Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation
Code, as that law read on November 3, 2004. The restriction imposed by this subparagraph also
applies to the entitlement of a city, county, or city and county to the change in tax rate
resulting from the end of the revenue exchange period, as defined in Section 7203.1 of the
Revenue and Taxation Code as that section read on November 3, 2004.
(B) The Legislature may change by statute the method of distributing the revenues
derived under a use tax imposed pursuant to the Bradley-Burns Uniform Local Sales and Use
Tax Law to allow the State to participate in an interstate compact or to comply with federal law.
(C) The Legislature may authorize by statute two or more specifically identified local
agencies within a county, with the approval of the governing body of each of those agencies, to
enter into a contract to exchange allocations of ad valorem property tax revenues for revenues
derived from a tax rate imposed under the Bradley-Burns Uniform Local Sales and Use Tax Law.
The exchange under this subparagraph of revenues derived from a tax rate Imposed under that
law shall not require voter approval for the continued imposition of any portion of an existing
tax rate from which those revenues are derived.
(3) Except as otherwise provided in subparagraph (C) of paragraph (2), change for any
fiscal year the pro rata shares in which ad valorem property tax revenues are allocated among
local agencies in a county other than pursuant to a bill passed in each house of the Legislature
by roll call vote entered in the journal, two-thirds of the membership concurring. TIM
Legislature shall not change the pro rata shares of ad valorem property tax oursuantto this
paragraph, nor change the allocation of the revenues described in Section 15 of Article XI. to
reimburse a local government when the Legislature or any state agency mandates a new
program or higher level of service on that local government.
(4) Extend beyond the revenue exchange period, as defined in Section 7203.1 of the
Revenue and Taxation Code as that section read on November 3, 2004, the suspension of the
authority, set forth in that section on that date, of a city, county, or city and countyto impose a
sales and use tax rate under the Bradley-Burns Uniform Local Sales and Use Tax Law.
(5) Reduce, during any period in which the rate authority suspension described in
paragraph (4) is operative, the payments to a city, county, or city and county that are required
by Section 97.68 of the Revenue and Taxation Code, as that section read on November 3, 2004.
(6) Restrict the authority of a local entity to impose a transactions and use tax rate in
accordance with the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of
Division 2 of the Revenue and Taxation Code), or change the method for distributing revenues
derived under a transaction and use tax rate imposed under that law, as it read on November 3,
2004.
(7) Require a community redevelopment agency (A) to pay, remit, loan or otherwise
transfer, directly or indirectly, taxes on ad valorem real property and tangible personal property
allocated to the agency pursuant to Section 16 of Article XVI to or for the benefit of the state,
any agency of the State, or any iurisdiction: or (81 to use, restrict, or assign a particular purpose
for such taxes for the benefit of the State, any agency of the State, or any jurisdiction, other
than (i) for making Payments to affected taxing agencies pursuant to Sections 33607.5 and
33607.7 of Health and Safety Code or similar statutes requiring such payments, as those
statutes read on January 1, 2008: or NO for the purpose of increasing, improving, and Preserving
the supply of low and moderate income housing available at affordable housing cost.
(b) For purposes of this section, the following definitions apply:
(1) "Ad valorem property tax revenues" means all revenues derived from the tax
collected by a county under subdivision (a) of Section 1 of Article XIII A, regardless of any of this
revenue being otherwise classified by statute.
(2) 'Local agency' has the same meaning as specified in Section 95 of the Revenue and
Taxation Code as that section read on November 3, 2004.
(3) "Jurisdiction' has the same meaning as specked in Section 95 of the Revenue and
Taxation Code as that section read on November 3. 2004.
Section Five. Article XIX of the California Constitution is hereby amended to read as follows:
SECTION 1. The Legislature shall not borrow revenue from the Highway Users Tax
Account, or its successor, and shall not use these revenues for purposes, or in ways, other than
those specifically Permitted by this article.
SEC 2. Revenues from taxes im posed by the State on motor vehicle fuels for use In
motarvehicles upon public streets and highways, over and above the costs of collection and
any refunds authorized by law, shall be deposited into the Highway Users Tax Account (Section
2100 of the Streets and Highways Code) or its successor, which is hereby declared to be a trust
fund. and shall be allocated monthly in accordance with Section 4. and shall used solely for the
following purposes:
(a) 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 paymentfor property taken or
damaged for such purposes, and the administrative costs necessarily incurred in the foregoing
purposes.
(b) The research, planning, 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 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.
SEG. 2. SEC. 3. Revenues from fees and taxes imposed by the State upon vehicles or
their use or operation, over and above the costs of collection and any refunds authorized by
law, shall be used for the following purposes:
(a) The state administration and enforcement of laws regulating the use, operation, or
registration of vehicles used upon the public streets and highways of this State, includingthe
enforcement of traffic and vehicle laws by state agencies and the mitigation of the
environmental effects of motor vehicle operation due to air and sound emissions.
(b) The purposes specified in Section -12 of this article.
SEG. 3. SEC. 4. (a) Except as provided in subdivision (b).:theLegiSlaWFe Shall PF8YIde
statutory allocation formulas in
effect on June 30, 2009 which allocate the revenues described in Section 2 to W cities,
counties, and areas of the State shall remain in effect.
(b) The Legislature shall not modify the statutory allocations In effect on June 30, 2009
unless and until both of the following have occurred:
Llf it The Legislature determines in accordance with this subdivision that another basis
for an equitable, geographical, and jurisdictional distribution exi ,
. Any future
statutory revisions shall IL provide for the allocation of these revenues, together with other
6
similar revenues, in a manner which gives equal consideration to the transportation needs of all
areas of the State and all segments of the population: and B be consistent with the orderly
achievement of the adopted local, regional, and statewide goals for ground transportation in
local general plans, regional transportation plans, and the California Transportation Plan:;,
(2) The Process described in subdivision (c) has been completed.
(c)The Legislature shall not modify the statutory allocation pursuant to subdivision (b)
until all of the following have occurred:
(1) The California Transportation Commission has held no less than four public
hearings in different parts of the State to receive public input about the local and regional goals
for ground transportation in that part of the State;
(2) The California Transportation Commission has published a report describing the
input received at the public hearings and how the modification to the statutory allocation is
consistent with the orderly achievement of local, regional, and statewide goals for around
transportation in local general plans regional transportation plans and the California
Transportation Plan: and
(3) Ninety days have passed since the Publication of the report by the California
Transportation Commission.
(d) A statute enacted by the Legislature modifying the statutory allocations must be by
a bill passed in each house of the Legislature by roll call vote entered in the journal, two-thirds
of the membership concurring Provided that the bill does not contain any other unrelated
provision.
(el The revenues allocated by statute to cities counties, and areas of the State
pursuant to this article may be used solely by the entity to which they are allocated, and solely
for the Purposes described in Sections 2. 5, or 6 of this article.
(f) The Legislature may not take any action which Permanently or temporarily does
any of the following: (1) changes the status of the Highway Users Tax Account as a trust fund:
(2) borrows diverts or appropriates these revenues for purposes other than those described
in subdivision le); or (3) delays, defers, suspends, or otherwise interrupts the payment,
allocation distribution disbursal. or transfer of revenues from taxes described in Section 2to
cities counties and areas of the State pursuant to the procedures In effect on June 30. 2009.
MG. 4. SEC. S. Revenues allocated pursuant to Section & 4 may not be expended for
the purposes specked in subdivision (b) of Section -12. except for research and planning, until
such use is approved by a majority of the votes cast on the proposition authorizing such use of
such 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 -12.
SEG S. SEC. 6. Lai The la4MFe Fnay a AhaFi-° Uap to 25 percent of the revenues
by the State, allocated to the State pursuant
to Section 4 for the purposes specified in subdivision (a) of Section -12 of this article maybe
pledged or used by the State, upon approval by the voters and appropriation by the Legislature.
for the payment of principal and interest on voter-approved bonds for such purposes issued by
the State on and after November 2, 2010feFwek peFpeseS.
(b) Up to 25 Percent of the revenues allocated to any city or county Pursuant to
Section 4 for the purposes specified in subdivision lal of Section 2 of this article may be pledged
or used only by any city or county for the payment of principal and interest on voter-approved
bonds issued by that city or county for such purposes.
be delayed untm! a dMtA AGt FNAFA th2A 29 days afteF the date Of P-RaG4FAPA* of the budget bill fe
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SEC. 7. If the Legislature reduces or repeals the taxes described in Section 2 and
adopts an alternative source of revenue to replace the moneys derived from those taxes, the
replacement revenue shall be deposited into the Highway Users Tax Account, dedicated to the
purposes listed in Section 2 and allocated to cities, counties, and areas of the State pursuant to
Section 4. All other provisions of this article shall apply to any revenues adopted by the
Legislature to replace the moneys derived from the taxes described in Section 2.
. SEC 7. SEC. 8. This article shall not affect or apply to fees or 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 such statutes.
SECS. SEC. 9. Notwithstanding Sections 3 and 2 and 3 of this article, any real
property acquired by the expenditure of the designated tax revenues by an entity other than
the State for the purposes authorized in those sections, but no longer required for such
purposes, may be used for local public park and recreational purposes.
SEG. 9. SEC. 10. Notwithstanding any other provision of this Constitution, the
Legislature, by statute, with respect to surplus state property acquired by the expenditure of
tax revenues designated in Sections; and 2 and 3 and located in the coastal zone, may
authorize the transfer of such property, for a consideration at least equal to the acquisition cost
paid by the sState to acquire the property, to the Department of Parks and Recreation for state
park purposes, or to the Department of Fish and Game for the protection and preservation of
fish and wildlife habitat, or to the Wildlife Conservation Board for purposes of the wildlife
Conservation Law of 1947, orto the State Coastal Conservancy for the preservation of
agricultural lands.
As used in this section, "coastal zone" means "coastal zone" as defined by Section
30103 of the Public Resources Code as such zone is described on January 1, 1977.
Section Six. Article XIX A of the California Constitution Is hereby amended to read as follows:
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 Nods _ia 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.
iFoposed:
Icl 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 (Sectlon 99310 of the
Public Utilities Code), or its successor. The Legislature may not take any action which
temporarily or permanently diverts or appropriates these revenues for purposes otherthan
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 revenues described in subdivision (c) are
hereby continuously appropriated to the Controller without regard to fiscal years for allocation
as follows:
(1) 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) Twenty-five percent pursuant to subdivision (b) of Section 99312 of the Public
Utilities Code, as that section read on July 30, 2009,
(3) Twenty-five percent pursuant to subdivision (c) of Section 99312 of the Public
Utilities Code, as that section read on July 30, 2009.
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(e) For purposes of paragraph (1) of subdivision (d), "transportation planning" means
onlythe purposes described in subdivisions (c) through (fl, inclusive, of Section 99315 of the
Public Utilities Code, as that section read on July 30, 2009.
(fl For purposes of this article, "mass transportation."moublictransit.m 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 elderiv: (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 municpal
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 ioint powers authority
formed to provide mass transportation services, an agency described In subdivision (fl of
Section 15975 of the Government Code, as that section read on January 1. 2009, any recipient
Section 1323531 of the Public Utilities Code as that section read on January 1. 2009.
(2) Surface transportation service provided bvthe 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 oroiects, including those identified in subdivision
(b) of Section 99315 of the Public Utilities Code, as that section read on July 30. 2009.
SEC. 2. (a) As used in this section, a "local transportation fund" is a fund created under
Section 29530 of the Government Code, or any successor to that statute.
(b) All local transportation funds are hereby designated trust funds. The Legislature
may not change the status of local transportation funds as trust funds.
(c) A local transportation fund that has been created pursuant to law may not be
abolished.
(d) Money in a local transportation fund shall be allocated only by the local
government that created the fund, and only for the purposes authorized under Article 11
(commencing with Section 29530) of Chapter 2 of Division 3 of Tale 3 of the Government Code
and Chapter 4 (commencing with Section 99200) of Part 11 of Division 10 of the Public Utilities
Code, as those provisions existed on October 1, 1997. Neither the county nor the Legislature
11
may authorize the expenditure of money in a local transportation fund for purposes other than
those specified in this subdivision.
(e) This section constitutes the sole method of allocating distributing, and using the
revenues in a local transportation fund The purposes described in subdivision (d) are the sole
ourooses for which the revenues In a local transportation fund may be used. The Legislature
may not enact a statute or take any other action which. permanently or temporarily, does any
of the following:
(1) Transfers diverts or appropriates the revenues in a local transportation fund for any
other purpose than those described in subdivision We
(2) Authorizes the expenditures of the revenue in a local transportation fund for any
other Purpose than those described in subdivision (d):
(3) Borrows or loans the revenues in a local transportation fund, regardless of whether
these revenues remain in the Retail Sales Tax Fund in the State Treasury or are transferred to
another fund or account.
(f) The percentage of the tax imposed Pursuant to section 7202 of the Revenue and
Taxation Code allocated to local transportation funds shall not be reduced below the
percentage that was transmitted to such funds during the 2008 calendar year. Revenues
allocated to local transportation funds shall be transmitted in accordance with Section 7204 of
the Revenue and Taxation Code and deposited into local transportation funds in accordance
with Section 29530 of the Government Code as those sections read on June 30, 2009.
Section Seven. Article XIX B of the California Constitution is hereby amended to read as
follows:
SECTION 1. The Legislature shall not borrow revenues from the Transportation
Investment Fund or its successor and shall not use these revenues for Purposes, or in ways,
other than those specifically permitted by this article.
SEC. 2. (a) For the 2003-04 fiscal year and each fiscal year thereafter, all fileney5
revenues 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 as defined for purposes of the Motor Vehicle Fuel License Tax Law (Part 2
(commencing with Section 73011 of Division 2 of the Revenue and Taxation Code). and that MFO
deposited is the GeneFal Fund of the State pwsijak to that IawT shall be ate
deposited into the Transportation Investment Fund or its successor, which is hereby created in
12
the State Treasury and which is hereby declared to be a trust fund. The Legislature may not
change the status of the Transportation Investment Fund as a trust fund.
(b)(1) For the 2003-04 to 2007-08 fiscal years, inclusive, moneys in the Transportation
Investment Fund shall be allocated, upon appropriation bythe 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 yearthereafter, moneys in the
Transportation Investment Fund shall be allocated solely for the following purposes:
(A) Public transit and mass transportation. Moneys appropriated for public transit and
mass transportation shall be allocated as follows: 01 Twenty-five percent pursuant to
subdivision (b) of Section 99312 of the Public Utilities Code. as that section read on July 30,
2009: (ii) Twenty-five percent pursuant to subdivision (c) of Section 99312 of the Public Utilities
Code, as that section read on July 30. 2009: and (iii) Fifty percent for the purposes of
subdivisions (al and (b) of Section 99315 of the Public Utilities Code, as that section read on lulu
30.2009.
(B) Transportation capital improvement projects, subject to the laws governIngthe 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) Forthe 2008-09 fiscal year and each fiscal year thereafter, moneys in the
Transportation Investment Fund are hereby continuously appropriated to the Controller
without regard to fiscal years, which shall be allocated, MI99A appFOPFiatiOR by the ,
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).
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(A) The GeYeFROF issues a PFOGIMMAGA that VIPGI2FPS that, due to a seVEFe state fissal
which the swspensieR applies
subdiyisleR (a) is suspeAded,
W MThe Legislature may not enact a statute that modifies the percentage shares set
forth in subdivision (c)
A the jGWFAaI, tWO FShiP GGAGUFFiAg, PF8Vid-Ad- that the hill does Pet WAWA
ntil all of the following have
occurred:
(1) The California Transportation Commission has held no less than four public hearings
in different parts of the State to receive Public input about the need for public transit mass
transportation, transportation capital improvement proiects, and street and highway
maintenance:
(2) The California Transportation Commission has Published a report describing the
input received at the public hearings and how the modification to the statutory allocation is
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consistent with the orderly achievement of local, regional and statewide goals for public transit.
mass transportation. transportation capital improvements, and street and highway
maintenance in a manner that is consistent with local general Plans, regional transportation
plans, and the California Transportation Plan;
(3) Ninety days have passed since the Publication of the report by the California
Transportation Commission.
(41 The statute enacted by the Legislature pursuant to this subdivision must be by a bill
passed in each house of the Legislature by roll call vote entered in the iournal, two-thirds of the
membership concurring, provided that the bill does not contain any other unrelated provision
and that the revenues described in subdivision (a) are expended solely forthe Purposes set
forth in paragraph (2) of subdivision (b).
jeJ(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 ofa 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).
(f) This section constitutes the sole method of allocating, distributing, and using the
revenues described In subdivision (a). The purposes described In paragraph (2) of subdivision
(b) are the sole Purposes for which the revenues described in subdivision (a) may be used. The
Legislature may not enact a statute or take anv other action which, permanently or temporarily,
does any of the following:
(1) Transfers, diverts, or appropriates the revenues described in subdivision (a) for any
other Purposes than those described in paragraph (2) of subdivision (b);
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(2) Authorizes the expenditures of the revenues described in subdivision (a) for any
other purposes than those described in paragraph (2) of subdivision (b) or:
(3) Borrows or loans the revenues described In subdivision (a), regardless of whether
these revenues remain in the Transportation Investment Fund or are transferred to another
fund or account such as the Public Transportation Account, a trust fund in the State
Transportation Fund.
(g) For purposes of this article, "mass transportation," "oublic transit" and "mass
transit" have the same meanings as "public transportation." "Public transportation" means:
(1)(A) Surface transportation service provided to the general public, comolementarv
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 (DI 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. 992 75, 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 orolects. including those identified in subdivision
(b) of Section 99315 of the Public Utilities Code, as that section read on July 30. 2009.
(h) If the legislature reduces or repeals the taxes described in subdivision (a) and adopts
an alternative source of revenue to replace the moneys derived from those taxes, the
replacement revenue shall be deposited into the Transportation Investment Fund dedicated to
the purposes listed in Paragraph (2) of subdivision (b), and allocated pursuant to subdivision Id.
All other provisions of this article shall apply to any revenues adopted by the Legislature to
replace the moneys derived from the taxes described in subdivision (a).
Section Eight. Article XIX C is hereby added to the Constitution to read as follows:
16
SECTION 1. If any challenge to invalidate an action that violates Articles XIX, XIX A, or
XIX B of the California Constitution is successful either by way of a final judgment, settlement,
or resolution by administrative or legislative action, there is hereby continuously appropriated
from the General Fund to the Controller, without regard to fiscal years, that amount of revenue
necessary to restore the fund or account from which the revenues were unlawfullytaken or
diverted to its financial status had the unlawful action not been taken.
SEC. 2. If any challenge to invalidate an action that violates Section 24 or Section 25.5 of
Article XIII of this Constitution is successful either by way of a final judgment, settlement, or
resolution by administrative or legislative action, there is hereby continuously appropriated
from the General Fund to the local government an amount of revenue equal to the amount of
revenue unlawfully taken or diverted.
SEC. 3. Interest calculated at the Pooled Money Investment Fund rate from the date or
dates the revenues were unlawfully taken or diverted shall accrue to the amounts required to
be restored pursuant to this section. Within thirty days from the date a challenge is successful,
the Controller shall make the transfer required by the continuous appropriation and issue a
notice to the parties that the transfer has been completed
SEC. 4. If in any challenge brought pursuant to this section a restraining order or
preliminary Injunction is Issued, the plaintiffs or petitioners shall not be required to post a bond
obligating the plaintiffs or petitioners to indemnify the government defendants or the State of
California for any damage the restraining order or preliminary injunction may cause.
Section Nine.
Section 16 of Article XVI of the Constitution requires that a specified portion of the
taxes levied upon the taxable property in a redevelopment project each year be allocated to
the redevelopment agency to repay indebtedness incurred for the purpose of eliminating blight
within the redevelopment project area. Section 16 of Article XVI prohibits the Legislature from
reallocating some or that entire specified portion of the taxes to the State, an agency of the '
State, or any other taxing jurisdiction; instead of to the redevelopment agency. The Legislature
has been illegally circumventing Section 16 of Article XVI in recent years by requiring
redevelopment agenciesto transfer a portion of those taxes for purposes other than the
financing of redevelopment projects. A purpose of the amendments made by this measure is to
prohibit the Legislature from requiring, after the taxes have been allocated to a redevelopment
agency, that the redevelopment agency transfer some or all of those taxes to the State, an
agency of the State, or a jurisdiction; or use some or all of those taxes for the benefit of the
State, an agency of the State, or a jurisdiction.
Section Ten. Continuous Appropriations.
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The provisions of Sections 6, 7, and 8 of this Act that require a continuous appropriation
to the Controller without regard to fiscal year are intended to be "appropriations made by law"
within the meaning of Section 7 of Article XVI of the California Constitution.
Section Eleven. Liberal Construction.
The provisions of this Act shall be liberally construed in order to effectuate its purposes.
Section Twelve. Conflicting Statutes.
Any statute passed bythe Legislature between October 21, 2009 and the effective date
of this measure, that would have been prohibited if this measure were in effect on the date it
was enacted, is hereby repealed.
Section Thirteen. Conflicting Ballot Measures.
In the event that this measure and another measure or measures relating to the
direction or redirection of revenues dedicated to funding services provided by local
governments and/or transportation projects or services appear on the same statewide election
ballot, the provisions of the other measure or measures shall be deemed to be in conflict with
this measure. In the event that this measure shall receive a greater number of affirmative
votes, the provisions of this measure shall prevail in their entirety, and the provisions of the
other measure or measures shall be null and void.
Section Fourteen. Severability.
It is the intent of the People that the provisions of this Act are severable and that if any
provision of this Act or the application thereof to any person or circumstance, is held invalid,
such invalidity shall not affect any other provision or application of this Act which can be given
effect without the Invalid provision or application.
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