BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE  
          DEVELOPMENT
                              Senator Jim Beall, Chair
                           2015 - 2016 First Extraordinary

          Bill No:          SCAX1 1           Hearing Date:     8/19/2015
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          |Author:   |Huff                                                  |
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          |Version:  |6/19/2015                                  Vote:      |
          |          |             2/3 Required                             |
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          |Urgency:  |No                     |Fiscal:      |Yes             |
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          |Consultant|Eric Thronson/Randy Chinn                             |
          |:         |                                                      |
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          SUBJECT:  Motor vehicle fees and taxes:  restriction on  
          expenditures


            DIGEST:  

          This Constitutional Amendment proposes to amend the constitution  
          to:

          1)Prohibit the Legislature from borrowing revenues from fees and  
            taxes imposed on vehicles or their use or operation, and from  
            using those revenues other than as specifically permitted in  
            the constitution.

          2)Require that revenues derived from the portion of the vehicle  
            license fee that exceeds the current rate of 0.65% to be used  
            solely for street and highway purposes.

          ANALYSIS:
          
          The California Constitution:
          
          1)Restricts the use of fuel excise tax revenues (from vehicles  
            used on public streets and highways) and vehicle registration  
            fee revenues to transportation purposes.

          2)Restricts the Legislature from borrowing revenues from the  
            Highway Users Tax Account (HUTA).







          SCAX1 1 (Huff)                                      Page 2 of ?
          
          

          3)Restricts fuel excise tax revenues to development and  
            construction of roads and highways, unless a majority of  
            voters in an election throughout a county or counties approves  
            the use of the revenues for fixed-guideway mass transit.

          4)Allows the Legislature to pledge fuel excise tax revenues for  
            payment of bonds to fund voter-approved fixed-guideway  
            mass-transit projects.
          5)Allows the Legislature to use up to 25% of the state's share  
            of fuel excise tax revenues for payment of state-issued,  
            voter-approved bonds for transportation purposes issued after  
            November 2010.

          6)Allows a city or county to use up to 25% of its share of fuel  
            excise tax revenues for payment of locally issued,  
            voter-approved bonds for transportation purposes.

          7)Specifies that the restrictions on fuel excise tax and vehicle  
            registration fee revenues do not apply to revenues derived  
            from sales taxes or vehicle license fees.

          This constitutional amendment:

          1)Restricts the Legislature from borrowing revenues from any of  
            the following taxes:

             a)   Fuel excise (from both on and off public roads and  
               highways)
             b)   Vehicle fees and taxes (such as vehicle registration  
               fees and weight fees)
             c)   Vehicle license fees above the existing rate of 0.65% of  
               the market value of the vehicle

          1)Eliminates the authority for the Legislature to pledge fuel  
            excise tax revenues for payment of bonds to fund  
            voter-approved fixed-guideway mass-transit projects.

          2)Restricts the use of revenues from any fuel excise tax,  
            vehicle fee or tax, or vehicle license fee above the existing  
            rate for the payment of bond indebtedness, except as provided  
            in existing law.

          3)Dedicates any revenues from increases in the vehicle license  
            fee above the existing rate to transportation purposes.








          SCAX1 1 (Huff)                                      Page 3 of ?
          
          

          4)Dedicates all revenues from fuel excise taxes not used on  
            public roads and highways (such as off-road and agricultural,  
            aviation, and boating fuels) to transportation purposes, to  
            the extent that those revenues result from increases in tax  
            rates above the effective rate on or after July 1, 2010.

          COMMENTS:

          1)Purpose.  Since 2010, the Legislature has diverted over $5  
            billion from the State Highway Account to the General Fund to  
            pay debt service on General Obligation Bonds.  Additionally,  
            since 2012, $100 million per year in gas taxes has been  
            deposited into the General Fund rather than being used for  
            transportation purposes.  This Constitutional Amendment asks  
            the voters to protect transportation taxes by requiring that  
            they be used only for transportation purposes.

          2)Current restrictions.  Most transportation revenues, including  
            gasoline and diesel excise taxes and vehicle registration  
            fees, are constitutionally protected from being borrowed or  
            used for purposes other than transportation.  This protection  
            does not apply to vehicle license fees and fuel excise taxes  
            for usage outside of public roads.  While the Constitution is  
            currently silent on the use of weight fees, there are  
            different opinions on whether those are currently protected.   
            The practice is that weight fees are used by the General Fund  
            to pay for the interest on transportation bonds.

          3)Additional restrictions.  This Constitutional Amendment  
            proposes a comprehensive set of constitutional protections  
            against borrowing taxes and fees raised from fuel excise  
            taxes, vehicle fees and taxes, and vehicle license fees above  
            the existing rate of 0.65%.  It also proposes to dedicate any  
            revenues from increases in the vehicle license fee above the  
            existing rate and any fuel excise taxes on fuel not used on  
            public roads and highways to transportation purposes.  With  
            these additional restrictions, virtually all transportation  
            taxes and fees raised from the use of vehicles will be  
            dedicated to transportation purposes.

          4)General Fund impact.  If approved by the voters, this  
            Constitutional Amendment will eliminate weight fees as a  
            source of general fund revenues, which contribute about $1  
            billion annually to the General Fund.  Potential additional  








          SCAX1 1 (Huff)                                      Page 4 of ?
          
          
            revenue from increases in fuel taxes for non-public highway  
            use and from increases in the vehicle license fee will not go  
            to the General Fund, but are instead required to be spent only  
            for transportation purposes.

          5)SBX1 1.  The revenue increases proposed in SBX1 1 are  
            protected under current Constitutional provisions.
          
          Related Legislation:
          
          SCA 7 (Huff) - prohibits the borrowing of transportation fees  
          and taxes and requires those funds to be used for transportation  
          purposes.  This bill is pending in the Senate Transportation and  
          Housing Committee.

          FISCAL EFFECT:  Appropriation:  No    Fiscal Com.:  Yes     
          Local:  No


            POSITIONS:  (Communicated to the committee before noon on  
          Thursday,
                          August 13, 2015.)
          
            SUPPORT:  

          Alameda Corridor-East Construction Authority
          Howard Jarvis Taxpayers Association
          San Joaquin Valley Regional Transportation Planning Agencies
          Transportation Agency for Monterey County

          OPPOSITION:

          Sierra Club of California

           

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