BILL NUMBER: SB 759 CHAPTERED 10/14/01 CHAPTER 911 FILED WITH SECRETARY OF STATE OCTOBER 14, 2001 APPROVED BY GOVERNOR OCTOBER 14, 2001 PASSED THE SENATE SEPTEMBER 14, 2001 PASSED THE ASSEMBLY SEPTEMBER 14, 2001 AMENDED IN ASSEMBLY SEPTEMBER 13, 2001 AMENDED IN ASSEMBLY SEPTEMBER 12, 2001 AMENDED IN ASSEMBLY JUNE 30, 2001 AMENDED IN ASSEMBLY JUNE 12, 2001 AMENDED IN SENATE MARCH 29, 2001 INTRODUCED BY Senator Murray (Principal coauthor: Assembly Member Dutra) FEBRUARY 23, 2001 An act to add Sections 13103.5 and 14532 to the Government Code, relating to transportation, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 759, Murray. Transportation: traffic congestion relief. Existing law provides for the establishment and annual update of a 5-year plan for funding infrastructure. This bill, on and after the date that Assembly Constitutional Amendment No. 4 (Res. Ch. 87, Stats. 2001) is approved by the voters, would require the Department of Finance to prepare an annual audit report examining any expenditures made pursuant to the allocations authorized under proposed Article XIX B of the California Constitution. The bill would require the report to be made available to the public and to be submitted to both houses of the Legislature. The bill would require the funds allocated under certain provisions of proposed Article XIX B of the California Constitution, when appropriated, to be apportioned in accordance with, and subject to, certain apportionment formulas and other requirements set forth in specified provisions of existing law relating to allocations from the Transportation Investment Fund. The bill would require all ballots for the election during which ACA 4 is submitted to the voters for approval to contain certain ballot statements and labels containing certain information relating to that measure. The bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 13103.5 is added to the Government Code, to read: 13103.5. (a) The department shall prepare an annual audit report examining any expenditures made pursuant to the allocations authorized under Article XIX B of the California Constitution. (b) The report shall be made available to the public and shall be submitted to both houses of the Legislature. (c) This section shall become operative on the date that Assembly Constitutional Amendment No. 4 (Res. Ch. 87, Stats. 2001) is approved by the voters. SEC. 2. Section 14532 is added to the Government Code, to read: 14532. (a) In appropriating the funds allocated under paragraph (C) of subdivision (c) of Article XIX B of the California Constitution, the funds shall be apportioned in accordance with the apportionment formula set forth in paragraph (5) of subdivision (c) of Section 7104 of the Revenue and Taxation Code. (b) In appropriating the funds allocated under paragraph (D) of subdivision (c) of Article XIX B of the California Constitution, the funds shall be apportioned in accordance with the apportionment formulas set forth in subparagraphs (A) and (B) of paragraph (4) of subdivision (c) of Section 7104 of the Revenue and Taxation Code. (c) The funds appropriated in accordance with subdivisions (a) and (b) are subject to subdivisions (d) to (f), inclusive, and subdivision (h), of Section 7104 of the Revenue and Taxation Code. (d) This section shall become operative on the date that Assembly Constitutional Amendment No. 4 (Res. Ch. 87, Stats. 2001) is approved by the voters. SEC. 3. (a) Notwithstanding any other provision of law, with respect to Assembly Constitutional Amendment No. 4 (Res. Ch. 87, Stats. 2001), all ballots of the election shall have printed thereon and in a square thereof, exclusively the words: "TRANSPORTATION CONGESTION IMPROVEMENT ACT. ALLOCATION OF EXISTING MOTOR VEHICLE FUEL SALES AND USE TAX REVENUES FOR TRANSPORTATION PURPOSES ONLY. LEGISLATIVE CONSTITUTIONAL AMENDMENT." and in the same square under those words, the following in 8-point type: "Requires, effective July 1, 2003, existing revenues resulting from state sales and use taxes on the sale of motor vehicle fuel be used for transportation purposes as provided by law until June 30, 2008. Requires, effective July 1, 2008, existing revenues resulting from state sales and use taxes be used for public transit and mass transportation; city and county street and road repairs and improvements; and state highway improvements. Imposes the requirement for a two-thirds of the Legislature to suspend or modify the percentage allocation of the revenues. (At this point, the Attorney General shall include the financial impact summary prepared pursuant to Section 9087 of the Elections Code and Section 88003 of the Government Code)." Opposite the square, there shall be left spaces in which the voters may place a cross in the manner required by law to indicate whether they vote for or against the act. (b) Notwithstanding Sections 13247 and 13281 of the Elections Code, the language in subdivision (a) shall be the only language included in the ballot label for the condensed statement of the ballot title, and the Attorney General may not supplement, subtract from, or revise that language, except that the Attorney General may include the financial impact summary prepared pursuant to Section 9087 of the Elections Code and Section 88003 of the Government Code. The ballot label is the condensed statement of the ballot title and the financial impact summary. (c) Where the voting in the election is done by means of voting machines used pursuant to law in a manner that carries out the intent of this section, the use of the voting machines and the expression of the voter's choice by means thereof are in compliance with this section. SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to enact, at the earliest possible time, legislation necessary for the implementation of Article XIX B of the California Constitution, as proposed to be added by Assembly Constitutional Amendment No. 4 (Res. Ch. 87, Stats. 2001), it is necessary that this act take effect immediately.