HomeMy WebLinkAboutAgenda Report - November 18, 2009 D-11AGENDA ITEM1j
,08-0063
AmdLJdM
Section One. 770 9.
e.
This act shall be known and may bedted as the "local Taxpayer, Public Safety, and
Transportation Protection Act of 2010."
SectionTvw. Flndings and Declarations.
The peopleof 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-lemergency response, law enforcement, emergency room
care, publictransit, and transportation improvements, California voters have repeatedlyand
overwhelminglyvoted to restrict state politiciansin Sacramentofrom taking revenues
dedicated to funding local government services and dedicated to funding transportation
improvement projects and services.
(b) By taking these actions, voters have acknowledgedth a critical importance of
preventing State raids of revenues dedicated to funding vital local government services and
transportation improvement projects and services.
(c) Despitethe fact that voters have repeatedly passed measuresto preventthe 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
billionsof dollars in local government and transportation funds.
(d) In recentyears, state polfticians in Sacramento have specifically:
(1 )Borrowed billions of dollars in local propertytax revenuesthat would otherwise be
used tofund local police, fire and paramedic responseand othervital local services;
(2) Soughtto take and borrow billionsof dollars in gas tax revenuesthat voters have
dedicated to on-going transportation projectsand tried t o usethem for non -transportation
purposes;
(3)Taken local community redevelopmentfundson numerous occasions and used them
for unrelated purposes:
(4)Taken billions of dollarsfrom local publictransit 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 lora I
governmentservlces and dedicatedto funding transportation improvement projectscan cause
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severe consequences, such as layoffs of police, fire and paramedicfirst responders, fire station
closures, healthcare cutbacks, delays inroad safety improvements, public transit fare increases
and cutbacks in publictransit services.
(f) State politiaans in5aaamento have continuedto ignorethewill of the voters, and
current law provides no penaltieswhen state politidanstake or borrowthese dedicated funds.
(g) It is herebyresolved, that with approval of this ballot initiative, state politiciansin
Sacramento shall beprohibited from seizing, diverting, shifting, borrowing, transferring,
suspendingor otherwisetaking or interferingwith tax revenues dedicatedto funding local
government services or dedicatedto transportation improvement projectsand services.
Sectlon Two and One -Half. Statement of Purpose.
The purposeof this measure is to conclusively and completely prohibit state politidans
in Sacramento from seizing, diverting, shifting, borrowing, transferring, suspending or
otherwise taking or Interferingwith revenues that are dedicatedto funding services provided
by local government or funds dedicated to transportation improvement projects and services.
Section Three. Section 24 of Article XN1 of the California Constitution Ishereby amended to
read as follows:
&,The Legislaturemay not Impose taxesfor local purposes but may authorize local
governmentsto impose them.
ll The legislature may not reallocate. transfer. bormw. annroorlate, restrict the use
of, or otherwise use the proceeds of any tax imoosed or levied by a local government solelvfor
the local government's purposes.
kJ Money appro prlated from state fundsto a local governmentfor its local purposes
may be used as provided by law.
fd , Moneysubvenedto a local government underSection 25 may be used for state or
local purposes.
Section Four. Section 25.5 ofArtide Xlll of the California Constitution i s hereby amended to
read as follows:
SEC. 25.5. (a) On or after November3, 2004, the Legislature shall not enact a statute to
do any of the following:
(1XA) Except as otherwise provided in subparagraph (B), modify the manner inwhich
ad valorem property tax revenues are allocated in accordancewith subdivision (a) of Section 1
of Article XIII Aso as to reducefor any fiscal yearthe 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 revenuesth at would be
allocated amongthose agenciesfor 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) Inthe 2009-10 scalyearoniy, and except as otherwise
provided in subparagraph (C), subparagraph (A) may be suspended for a that fiscal year if all of
the following conditions are met:
(i)The Governorissuesa proclamationthat declares that, dueto a severe state fiscal
hardship, the suspension of subparagraph (A) is necessary.
(ii) The Legislature enacts an urgencystatute, pursuantto a bill passed in each houseof
the Legislature by rollcall vote entered inthejournal, two-thirds ofthe mem bershipeon curring,
that contains a suspension of subparagraph (A) for that fiscal year and does not contain any
other provision.
(HQNo laterthan the effective date of the statute described in clause (il), a statute is
enacted that providesforthefull repaymentto localagenciesof the total amount of revenue
losses, including interest as provided by law, resultingfrom the modification of ad valorem
propertytax revenue allocations to localagencies. Thisfull repayment shall be made not later
than the end of the third fiscal year immediatelyfotlowing the fiscal yearto which the
modification applies.
(GW) s"pw%nph (M shA am '-a Fmwo then Woo fissall years duFlas any
(ji) 6mbpapagmiph P4 shall Piet be "anded du0sig awt Am! year- lithe 6 41 FOP"GAt
mquWa-4 hot ft PWMe an in ampda-Ge with allows (IN) of SombpaFwaph (g) has Mok Y44.
been eeeted+
(No 6mbpopmraph (1) -shall met be Swope -dad dum"I "YAM! yeap Mho OMOWFA 1h
the Fteoenva Md Tanow Go-@; as shot soution Feed on NovembOF 30 1004, has Rol been paid
in fUll POOF 4641110 W -k-00 '049 10000 IMMA-ft PFwAdlng Fff that slimponsio P am- de-5-14bed it%
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4v4UC A suspension cf subparagraph (A) shall not result in a total ad valorem property
tax revenuelossto all local agencies within a county that exceeds8 percent of the total amount
of ad valorem propertytax revenuesthat were allocated among all local agencies within that
county for the fiscal year immediatelyprecedingthe fiscal year for which subparagraph (A) is
suspended.
(2)(A) Except as otherwise provided in subparagraphs (8) and (C), resbictthe authority
of a city, county, or CRY and countyto impose atax rate under, or changethe method of
distributing revenuesderiwd under, the Bradley -Burns Uniform Local Sales and Use Tax Law set
forth in Part 1.5 (commencingwith Section 7200) of Division 2 of the Revenue and Taxation
Code, as that law read on November3, 2004. The restriction imposed by this subparagraph also
appliesto the entitlement of a city, county, or city and county tothe 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 November3, 2004.
(B) The Legislature may change by statute themethod of distributing the revenues
derived under use tax imposed pursuantt o the Bradley -Burns Uniform Local Sales and Use
Tax Law to allow the State to partidpate in an interstate compactor to comply with federal law.
(C) The Legislature may authorize bystatute two or more specifically identified local
agendeswithin a county, with the approval of the governing bodyof each of those agencies, to
enter into contract to exchangeallocations of ad valorem propertytax revenuesfor revenues
derived from atax rate imposed underthe Bradley -Burns Uniform Local Sales and Use Tax Law.
The exchange underthis subparagraph of revenuesderived from a tax rate imposed underthat
law shall not requirevoter approvalforthe continued imposition of any portion of an existing
tax rate from which those revenuesare derived.
(3) Except as otherwlse provided in subparagraph (C) of paragraph(2), change for any
fiscal year the pro rata shares i n which ad valorem property tax revenues are allocated among
local agencies in a county other than pursuantto a bill passed in each house of the Legislature
by roll call vote entered inthejoumal, two-thirds of the membershipconcurring. ]g
Lenklature shall not chanae the oro rata shares of ad valorem protax aursuanttothls
Paragraph, norchanRe the allocationofthe revenues described in Section 15 of Article XI. to
reimburse a local government when the Legislature or anv state agency mandatesa new
program or higher level of service on that local government.
(4) Extend beyondthe revenueexchange period, as defined in Section 7203.1 of the
Revenue and Taxation Codeasthatsection read on November 3,2004,the suspensionof the
authority, set forth in that section on that date, of a city, county, or city and county to imposea
sales and use tax rate underthe Bradley -Bums Uniform Local Sales and Use Tax Law.
(5' Reduce, during any period inwhich the rate authority suspension described in
paragraph (4)isoperative, 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 November3,2004.
(6)Restrict the authority of a local entity to 1m pose a transactions and use tax rate in
accordance with the Transactions and Use Tax Law (Part 1.6 (commencingwith Section 725 1) of
Division ofthe Revenue and Taxation Code), orchange the method for distributing revenues
derived under a transaction and use tax rate imposed underthat law, as it read on November3,
2004-
M ftWre a commuin& mdevebprrent_mnmy#A1 tomy, LgMt 110§8 or Other *R
transfer. directly orindired Iv. taxes on ad valorem real prope.rt� and tanRible.Personal property
allocatedto the age_ncv pursuantto Section 16ofArticie XVI to orfor the benefit of the State,
any aaencvofthe State. or any iurisdiction: or (B) to use. restrict, or assi ina particular P rpose
for suchtaxesforthe benefit ofthe State, anvagency ofthe State, oranv iurisdiction. other
than (il for making navments 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 readonlanuary 1.2008;or (ii) forthe Pumos—e of Lncreasi.ng improving and preserving
thesuppiv of low and moderate income housing available at affordable housing cost.
(b) Fbr purposes of this section, the following definitions apply:
(1 YAd valorem property tax revenues" meansall revenues derlved from the tax
collected by county under subdivision (a) of Section 1 o Article XIII A, regardless of any of this
revenue being otherwise classified by statute.
(2)'Local agency' hasthe same meaningas specified in Section 95 ofthe Revenueand
Taxation Code as that section read on November3, 2004.
�• : � ., 1 1 _ ►,: __.1 Zi � .l .rt�ll.�� � Z _"• � � 1. i.' {l _
Taxation Code as that section read on November3 2004,
Section Flue. Article XIX of the Ca"fornIs Constfturtion 16 hereby amended to read as follows:
SECTION 1. The Le&WMure sbaN not borrow revenue from the Nkthway MsemTax
_Aoo aL-or J1 suooessor. l„nd shah _use these rwenues for ugrpoM.resin way s than
han
those soecificallvoermitted bvthis article.
SEC. 2. Revenuesfrom taxes imposed bythe State on motor vehicle fuels for use in
motorvehicles upon public streetsand highways, over and abovethe costsof collection and
any refunds authorized by law, shall be deposited into the Highway !kers 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 safely for the
following purposes:
(a) The research, planning, construction, improvement, maintenance, and operation
of publicstreets and highways (andtheir related publicfadlities for nonmotorized traffic),
includingthemitigation of their environmental effects, the paymentfor propertytakenor
damaged fo r such purposes, and th a administrative costs necessarily incurred i n th a foregoing
purposes.
(b)The research, pianntng, construction, and improvementcfexclusivepublic mass
transit guideways (and their related fixed facilities), includingthe mitigation of their
environmental effects, the paymentfor property taken or damaged for such purposes, the
administrative costs necessarilyincurred in the foregoing purposes, and the maintenanceof the
structures and the immediate right-of-wayforthe public masstransit guideways, but excluding
the maintenance and operating costs for mass transit power systems and mass transit
passenger faciliiies, vehicles, equipment, and services.
6iGA, SEC3. Revenues from fees and taxes imposed by the State upon vehicles or
their useor operation, over and abovethe costs of collection and any refunds authorized by
law, shall be used for the following purposes:
(a) The state administration and enforcement of laws regulatingthe 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 effectsof motor vehicle operation due to air and sound emissions.
(b) The purposes specified in Section -12 of this article.
SiEGra- SEC. 4. (a) Except as provided on subdivision f bL Ve ire al4ppewde
atutoryalknedw formulas in
effect on June 30,2009which allocate the revenues described in Section 2to #ef cities,
counties, and areas ofthe State shall remain in effect.
W The Leaislatureshall notmodify the statutory allocations in effect on June 30.2009
unless and until both of thefollowing haveoccurred:
WO The Legislature determines in accordancewtth this subdivision that anotherbasis
for an equitable, geographical, and jurisdictional distribution exi ;
Any future
statutory revisions shall L& provide for the allocation of these revenues, together with other
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similar revenues, in a mannerwhich gives equal consideration to the transportation needs of all
areasof the State and all segmentsof the population n B consistentwith the orderly
achievementof the adopted local, regional, and statewide goals for ground transportation in
local general plans, regional transportation plans, and the California Transportation Ftn;
(2) The process described in subdivision (c) has been comoleted.
(dThe Legislature shall not modifi+ the statutowailocatlon pursuantto subdivislon (b)
until aN ofthe followina have occurred:
(1) The California Transportation Commission hasheld no lessthan four public
hearings in different parts of the Stateto receive ou bl ic input about the local and renionalgoais
for around transportation in that part of the State:
2) The California Transportation Commission has eublished a reportdescribinn the
input received at the public hearings and howthe modification to the statutow allocation is
consistentwith the orderlv achievementof local. regional, and statewide goals for around
transportation in local aeneral plans. reaionaitransportation plans. and the California
Transportation Plan: and
(3) Ninety days haveoassedsincethepubllcation of the report bvthe California
(d) A statuteenacted bvthe Lmislature mmdifving the statutory allocationsmust be by
a bill passed in each houseof the Legislature by roll call vote entered inthe iournal. two-thirds
of the membershioconcurrinn. provided that the bill does not contain anv other unrelated
provision.
fel The revenues allocated bvstatuteto cities, counties, and areasofthe State
pursuantto this article may be used solely bvthe entity to which thev are allocated. and solely
for the aurooses described in Sections 2, 5, or 6 of this article.
(fl The Legislature may nottake anvaction which permanently ortemnoradly does
any of the following: (1) changes the status of the Highway Users Tax Account as a trust fund:
ll borrows. diverts, or appropriates these revenuesfor purposes other than those described
in subdivision (e); or (3) delays, defers. suspends. or otherwise interrupts the payment,
allocation. distribution, disbursal. or transfer of revenuesfrom taxes described in Section 2 to
cities, counties. and areas of the State pursuantto the procedures in effect on June 30. 2009.
NQ 4,JU, Revenues allocated pursuantto Section94 may not be expended for
the purposesspecified in subdivision (b) of Section .11 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 underthls section to be pledged
or used for the payment of principaland interest on voter -approved bonds issued for the
purposes specified in subdivision (b) ofSection42.
S6",ES C.6. (a) may aushapbegapto25percentoftherevenues
allocated to the State pursuant
to Section 4 for the purposesspecified in subdivision (a) of Section 2 of this article maybe
pledged or used bythe State, uoon emmW bvthe voters and appropriation bvthe Leeislature,
for the payment of principal and interest on voter -approved bondsfor such purposes issued
the State on and after November2,_2010#OF SUGh-PMFPGSss.
& UP to 25 percent cfthe revenues allocated to any city crcounty Pursuantto
Section 4fortheo specified insubdivlsion(a) of Section 2 of this article may be Pledged
or used only by any dty or countv for the payment of principal and interest on voter-amroved
bonds issued bvthat citv or countv for such purposes,
SEC. 7. Ifthe Legislature reducesor recealls the taxes described in Section 2 and
adopts an alternative source of revenueto replace the moneys derived from those taxes. the
purposes listed in Section 2, and allocated to cities, counties, and areas of the State pursuantto
Section 4. All other provisions of this article shall apply to any revenues adopted by the
Leaislatureto replacethe rnonevsderived from the taxes described in Section 2.
Mr.; . SEU. This article shall not affect or applyto fees o r taxes imposed pursuant
to the Sales and Use Tax I aw or the Vehicle Ucense Fee Lady, and all amendments and additions
now or hereafter made to such statutes.
61F£SEC, 9. Notwithstanding Sections4-a" 2pjD" of this article, anyreal
property acquired bythe expenditure ofthe designatedtax revenues byan entityotherthan
the Statefor the purposes authorized in those sections, but no longer required for such
purposes, may be used for local public park and recreational purposes.
66G O SEG I. Notwithstanding any other provision &this Constitution, the
legislature, by statute, with respect to surplus state property acquired bythe expenditureof
tax revenues designated in Sections4w4 2 and 3 and located inthe coastal zone, may
authorize the transfer of such property, for a considerationat least equal to the acquisitioncost
paid bythe estate to acquire the property, to the Departmentof Parks and Recreationfor state
park purposes, or to the Department of Fish and Game for the protection and preservation of
fish andwildlife habitat, orto the Wildlife Conservation Boardfor purposesof the Wildlife
Conservation Lawcf L%7,ortothe State Coastal Conservancyfo r the preservation of
agricultural lands.
As used i n thls 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.
SectionSix. Article XlXA of the California Constitutlom is hereby amended to read asfallom:
SECTION 1. (a) The Leaislature shall not borrow revenues from the Public
Transportation Account. or any successor account. and shall not use these revenuesfor
purposes, or in ways, other than those soecificaliv permitted by this article.
fi The $mads in the Public Transportation Account inthe State Transportation Fund,
or any successor account, Is atrustfund, The LeizWature mavnotchanae the statusofthe
Public TransportationAccount as atrust fund. Funds inthe PublicTransportation Account may
not be loaned or otherwise transferred to the General Fund or anv other fund or account in the
State Treasury.
imposed*
(c) All revenues specified in Paragraphs (11th rough [3). inclusive. of subdivision(d) of
Section 7102of the Revenueand Taxation Code, as that section read on June 1,2001.shall be
deposited no lessthan auarterly intothe Public Transportation Account (Section 99310ofthe
Public Utilities Code). or its successor. The Leaislaturemav nottake anv actionwhich
temporarily or permanentivdiverts orappropriates these revenues for purposes otherthan
those described in subdivision(d), or delaw. defers. suspends. or otherwise interrupts thg
quarterly deposit of these funds intothe Public Transportation Account.
itdl Funds in the PublicTranspprtation Account mavonly be used for transportation
planning and mass transportationup rpooses. The revenues described in subdivision W are
herebv continuously appropriated to the Controller without regard to fiscal nears for allocation
as follows:
(1) Flftv percent wrsuantto subdivisions (p) through Lfh inclusive. of Section 99315of
the Public Utilities Code. as that section read on July 30.2009.
(2) Twenty-five wrcent pursuantto subdivision (b) of Section 99312ofthe Public
Utilities Code, as that section read on July 30.2009,
(3) TwentN-five percent pursuart to subdivision (c) of Section 99312ofthe Public
Utilities Code, as that section read on July 30, 2009.
than dw --- OWN Mount of General A -apA Famenuee for. !he pFwAsus fiseal yew� as spesilled
10
ill For RMERRUof air ah til of sub "lion (d L Xgnspojgggn Minn � .1
onlvthe Imes described in subdivisions (c) through (A inclusive. cf Section 99315 of the
Public Utilities Code. as that section read on luly 30, 2009,
M Forourooses of this article. "mass transportation" "publictransit.* and "mass
transit" havethe same meanincias "publictransportation." "Publictranwortation" means:
(1)(A) SurFacetransportation service provided to the general public, complementary
paratransit service provided to persons with disabilities as required by 42 U.S. G. 12143, or
similartransportation provided toep_oplewith disabilities or the elderly: (B) operated by bus,
rail, ferry, or other conveyance on a fixed route. demand response. or otherwise regularly
available lysis: Q generaiiv for which a fare is charged: and (D) gMyided by any transit district
included transit district. municipal operator, included municioal ooerator. eligible municipal
operator. or transit development board, as those terms were defined in Article 1of Chapter4
of W 11of Wao 10gL02 Pubk LNfflj" Code On_&MMMLM. a' int RQWrs auth ri
formed to provide mass transportation services. an aQency described in subdivision (f) of
Section 15975of the Government Code, as that section read on January 1. 2009 anv 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.
.elf-��� X5;1 .• 1 -I i.i l�. ':[' �•i(.'�L11 1.�7'. t l4 1 •1 1 ,'.`�l -
,1 11 -
(3) Publictransit capital improvement projects, including those identified insubdivision
(b) of Section 99315 of the Public Utilities Code, as that section read on Julv 30.2009.
SEC. 2 (a)As used inthis section, a "local transportation fund" is afund created under
Section 29530 of the Government Code, or any successor to that statute,
(b)AII local transportation funds are hereby designated trust funds. The Legislature
may notchangethe status of local transportation funds as trust funds.
(c) A local transportatlon fund that has been created pursuantto law may not be
abolished.
(d) Money in a local transportation fund shall beallocated only bvthe local
government that created the fund, and onlvforthe purposes authorized under Article 11
(commencingwith Section 29530) of Chapter 2 of Division 3 of Title 3 of the Government Code
and Chapter4 (commencingwith Section 99200)of Part 11of Division 10of the Public Utilities
Code, asthose provisions existed on October 1,1997. Neitherthe county northe Legislature
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may authorize the expenditure of money in a local transportation fund for purposes other than
those specified in this subdivision.
(e) This section constitutesthe sole method ofaliocatiniL distributing. and using the
revenues in a local transportation fund. The purposes described in subdivision (d)are the sole
iurpose$_for which the revenues in a local transportation fund om be used. The Legislature
may not enact a statute or take any other action which. permanently or temporarily, does any
of thefollowinx:
(11) Transfers diverts. or approviatesthe revenues in a local trans Porta Wn fund for anv
other purpose than those described in subdivision (d);
(21 Authorizes the expendituresof the revenueln a local transportation fund for anv
other purpose than those described in subdivision Idle
C31 Borrows or loans the MMOM In
these r in in the RjWl Saks IM Fund In the Rate Treasullor arStrandgrred
another fund or account.
Mf The Dercentage of thPtax ImnnsPd pursuant to cPrtinn 7262 ofthP ReveniiPanri
Tauion Qgd&IkWed to 12W UWagadbn bM& lbalill not be Mdbelow the
oercentaAe that was transmitted to such funds duriniz the 2008 calendar year. Revenues
allocated to local trans= at ion 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 29530of the Government Code, as those sections read on June 30.2009.
SectionSewen. Article XIX 5 cf the Calif ornia Constitution Is herebyamended to read as
follows:
SECTION 1. The Legislature shall notborrow revenuesfrom the Transportation,
Investment Fund, or its successor. and shall not use these revenuesfor DunMes. or in ways,
other than those specifically permitted by this article.
'Wr .2 (a) Forth 2003-04 fiscal year and each fiscal year thereafter, allMGFIWJs
revenuesthat are collected duringthe fiscal yearfromtaxes under the Sales and Use Tax Law
(Part 1 (commencingwith Section 6001) of Division 2 of th e Revenue and Taxation Code), or
any successor to that law, upon the sale, storage, use, o r other consumption in this State of
motor vehicle fuel, as deflnW for Durposes of the MWr Vehicle Fuel MMMJA Law (P_art 2
(comm encingwith Section 7301) of Division 2 of the Revenue and Taxation Code).
shall belrans#emed-to
deposited into the Transportation investment Fund or its successor, which is hereby created in
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the State Treasuryand which is hereby declared to be a trust fund. The Leaislatu re may not
chance the status of the Transportation Investment Fund as at rust fund.
(b)(1) Forthe 2003-04 to 2407-08 fiscal years, inclusive, moneys inthe Transportation
investment Fund shall be allocated, upon appropriation bythe legislature, in accordance with
Section 7104 of the Revenueand Taxation Code as that section read on March 6,2002.
(2) Forthe 200&09 fiscal year and each fiscal year thereafter, moneys inthe
Transportation Investment Fund shall be allocated solelyfor the following purposes:
(A) Publictransit and mass transportation. Moneys aoorooriated for Public transit and
mass transoortatlon shall be allocated as follows, (i) Twentv-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, asthat section read on July 30.2009: and (iii) Fiftvpercent for the purposes of
subdivisions (a) and (b) of Section 99315 of the Public Utilities Code, as that section read on July
30.2009.
(B) Transportation capital improvement projects, subjectto the laws governingthe State
Transportation Improvement Program, or any successorto that program.
(C) Street and highway maintenance, rehabilkation, 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 eachfiscal yearthereafter, moneys inthe
Transportation Investment Fundam—hA&IJM coiWingeudy apmajakd to the QQatroller
without regard to fiscal years, which shall be allocated,
as follows:
(A) Twenty pertent ofthe moneys for the purposesset forth in subparagraph (A) of
paragraph (2) of subdivision (b).
(B) Forty pertent ofthe moneys for the purposes set forth in subparagraph(B) of
paragraph (2) of subdivision (b).
(C) Twenty percent of the moneysfor the purposes set forth in subparagraph(C) of
paragraph (2) of subdivision (b).
(D)Twenty percentofthe moneysfor the purposes setforth in subparagraph (D) Cf
paragraph (2) of subdivision (b).
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�j The Legislature may not enact a statute that modifies the percentage shares set
forth in subdivision (c)
geje4,_4; !L.,,s•,_,sF pesntt iefth ; paF gpaph j?) of urrtll all of the following have
occurred:
(1) The California Transnortatlon Commission has held no less than four public hearings
in different harts of the Stateto receive public input about the need for public transit, mass
transportation. transportation capital improvementoroiects, and street and highway
maintenance:
(2) The Cal iforniaTransoortationComm ission haspublished areport describinnthe
Input receivedat the Public hearinasandhowthe modification to the statutory allocationis
14
consistentwith the orderty achievementof local. reuional and statewide coals for public transit,
mass transportation. transportation capital improvements, and street and highway
maintenance in a mannerthat is consistentwith local aeneral plans, reaionaltransportation
plans, and the California Transportation Plan;
i31 Ninety dais havepasstd sincethe publication of the report bvthe California
Transportation Commission.
(4) The statute enactedbv the legislature pursuantto this subdivision must be bva bill
oassedin each houseofthe Legislature by roll callvote entered inthe journal. two-thirds of the
membershiixoncurrinz provided that the bill does notcontain anv other unrelated provision
andthatthe revenues described in subdivision(a) areexpended solelvforthe D-urposes set
forth in oarafranh M of subdivision (b).
40kMI)An amount equivalent tot hetotaI amountof revenuesthat were not
transferred from the General Fund of the State to the Transportation investment Fund, as of
July 1,2007, becauseof a Suspension of transfer of revenues pursuantto this section as it read
on January 1, 2006, but excludingthe amount to be paid to the Transportation Deferred
investment Fund pursuantto Section 63048.65of the GovernmentCode, shall be transferred
from the General Fundto the Transportation Investment Fund no laterthan 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 forth e purposes set forth
in this section as if they had been received in the absence of a suspension oftransfer of
revenues.
(2) The Legislature may provide by statute for the issuance of bonds bythe state or local
agencies, as applicable, that are secured bythe minimumtransfer payments required by
paragraph (1) .Proceeds from the sale of those bondsshall be allocated solelyfor the purposes
set forth in this section as if they were revenuessubject to allocation pursuantto paragraph (2)
of subdivision (b).
(f) This section constitutesthe sole method ofallocatina, distributing, and using the
revenues described in subdivision fat. The Purposes described In paragraph (2) of subdivision
(b) arethe sole purposes for which the revenues described in Subdivision (a) may be used. The
Leaislaturemov not enact a statute or take any other actionwhich. permanentivortemorarh.
does anvofthe following;
[x1 Transfers, diverts, oraonropriates the revenues described insubdivision la) fir- any
other purposes than those described inparagraoh (2) of subdivision b(_1,'
15
(2) Authorizes the expenditures of the revenuesdescribedin subdivision (a) for any
other purposes than those described in paragraph (2) of subdivision (b) or.
(3) Borrows or loansthe revenues described in subdivision fa). regardless of whether
these revenues remain in the Transportation Investment Fund or are transferred to another
fund or accountsuch as the PublicTransoortation Account. atrust fund inthe State
Transportation Fund.
(R) Forpurposesofthis article. "masstransportation," "public transit" and "mass
transit' have the same meanings as "public transportation." "Public transnortation" means:
11)(A)Surfacetransportation service providedtothe aeneralPublic, complementary
oaratransit service provided to persons with disabilities as reauired bv42 USC 12143. or
similar transportation provided to people with disabilities or the elderly: (6) operated by bus.
rail, ferrv, or other convevance on a fixed route. demand response. orotherwise regularly
available basis: (C) generally for which a fare is charged, and (D) provided by anv transit district.
included transit district, municipal operator. included municipal operator. eligible municipal
operator. or transit develooment board. as those terms were defined in Article 'lof Chapter4
of Part 11of Division 10ofthe Public Utilities Code onJanuary 1.2009. a ioint Dowersauthoritv
formed to provide mass transportation services, an agency described in subdivision (f) of
ion read on Janua 12009 an r i lent
of funds under Sections 99260, 99260.7.99275, or subdivision (c) of Section 99400ofthe Public
Utilities Code. as those sections read on January 1, 2009, or a consolidated agency as defined in
Section 132353.1 ofthe Public Utilities Code, asthat section read on January 1,2009.
(2) Surface tansoortation service imvided by the Department of Transportation
mrsuantto subdivision (a) of Section 99315ofthe Public Utilities Code, as that section readon
July 30.2009.
(3) Publictransit capital improvement prolects, Incfudine those identified in subdivision
m.) of Section 99315 of the Public Utilities Code. as that section read on July 30.2009.
(h) Ifthe Legislature reducesor repealsthe taxes described In subdivision (a) and adopts
� <� � � � � it � - ik.• :f k � -ill - • , � -r
regIMMOt M=2 shall tie deoosllted Mg1he LMnMEMIRD I nvegment FMOd. dedi4gedt
the purposes listed in paragraph (2) of subdivision (h), and allocated pursuant to subdivision (c).
All other provisions of this article shall a"Iyto anv revenues adopted bvthe Leaislatureto
replacethe moneys derived from the taxes described in subdivision (a).
SectionEight. Article }a}( Cis hereby addedto the Constitution to readasfollows:
16
SECTION 1. if anychallengeto invalidate an actionthat violates Articles XIX, XIX A or
XIX B of the California Constitutionis successful either byway of afinal judgment, settlement,
or resolution byadministrative or legislative action, there k hereby continuously appropriated
from the General Fund to the Controller, without regard to fiscal years, that amount of revenue
necessaryto restorethe fund or accountfrom which the revenueswere unlawfully taken or
diverted to its financial status hadthe unlawful action not been taken.
SEC. 2. if any challenge toinvalidate an action that violates Section 24 or Section 25.5 of
Article XIII of this Constitution is successful either byway of a final judgment, settlement, or
resolution by administrative or legislative action, there is hereby continuouslyappropriated
from the General Fundto 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 revenueswere unlawful lytaken or diverted shall accrue to the amounts required to
be restored pursuant to thfs section. WIN nth irty days from the date a challenge is successful,
the Controller shal I 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 pursuantto 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 defendantsor the State of
Californiafor any damage the restrain ingorderorpreliminary injunction may cause.
Section Nlne,
Section 16 of Article XVI of the Con stiition 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 16ofArticle XVI prohibits the Legislaturefrom
reallocating some or that entire specified portion of the taxesto the State, anagencyofthe
State, or any other taxingjurisdiction, insteadoftothe redevelopment agency. The Legislature
has been illegally circumventingSection 16ofArticle XVI in recent years by requiring
redevelopment agenciesto transfer a portion of those taxes for purposes other than the
financing of redevelopment projects. A purposeof the amendments made bythis measureisto
prohibit the Legislaturefrom requiring, after th a taxes have been allocated to a redevelopment
agency, that the redevelopment agency transfer some or all of those taxes to the State, an
agency ofthe State, or ajurisdiction; or use some or all of those taxesfor the benefit of the
State, an agency of the State, or ajurisdiction.
Section Ten. Continuous Appropriations.
17
The provisions of Sections 6, 7, and 8 of this Act that require a continuous appropriation
to the Control lerwithout regardto fiscal year are intended to be "appropriations made bylaw"
within the meaning of Section 7 of Article XVI of the California Constitution.
Section Eleven. liberal Construction.
The provisions oft his Act shall be liberally construed in order to effectuate its purposes.
SectionTwelve. Conflicting Statutes.
Any statute passed by the Legislature betweenOctober2l, 2009 and the effective date
of this measure, that would have been prohibited ifthis measurewere in effect on the date it
was enacted, is hereby repealed.
SectlonThlrtw. Confilctfng Ballot Measures.
Intheeventthatthis measureand 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 provisionsof the other measureor measuresshall bedeemed to be in conflictwith
this measure. In the event that thk measureshall receive a greater number of affirmative
votes, the provisionsof this measureshall prevail in their entirety, and th e provisionsof the
other measureor measures shall benull and void.
Section Fourteen. Severability.
Itis the intent ofthe Peoplethat the provisionsof this Act are severable and that if any
provision of this Actor 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
effectwithoutthe invalid provision or application.
19
RESOLUTION NO. 2009-164
A RESOLUTION OF THE LODI CITY COUNCIL
IN SUPPORT OF 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 RESOLVED that the City of Lodi formally endorses
the Local Taxpayer, Public Safety, and Transportation Protection Act of 2010, a
proposed constitutional amendment; and
BE IT FURTHER RESOLVED that the City Council hereby authorizes the listing
of the City of Lodi in support of the Local Taxpayer, Public Safety, and Transportation
Protection Act of 2010 and instructs staff to fax a copy of this resolution to campaign
offices at (916) 442-3510.
Date: November 18, 2009
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I hereby certify that Resolution No. 2009-164 was passed and adopted by the
Lodi City Council in a regular meeting held November 18, 2009, by the following vote:
AYES: COUNCIL MEMBERS — Hitchcock, Johnson, Katzakian, Mounce,
and Mayor Hansen
NOES: COUNCIL MEMBERS— None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS— None
��t
EMOBISON
Assistant City Clerk
2009-164