BILL ANALYSIS                                                                                                                                                                                                    Ó



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

          Bill No:          SCAX1 1           Hearing Date:     9/8/2015
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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 (SCA) proposes to amend the  
          California   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% 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 SCA:

          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 of 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  








          SCAX1 1 (Huff)                                      Page 3 of ?
          
          
            fee above the existing rate to transportation purposes.

          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.  According to the author, 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 SCA 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.  This SCA  
            prohibits this practice.

          3)Additional restrictions; vehicle license fee.  This SCA  
            proposes a comprehensive set of 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 (VLF) above the existing  
            rate and any fuel excise taxes on fuel not used on public  
            roads and highways to transportation purposes.  The VLF is a  
            property tax and therefore not subject to the same  
            constitutional restrictions as taxes on motor vehicle fuels or  
            the use of motor vehicles.  Most VLF revenues are used for  
            local government purposes.








          SCAX1 1 (Huff)                                      Page 4 of ?
          
          

          4)General Fund impact.  If approved by the voters, this SCA will  
            eliminate weight fees as a source of General Fund revenues,  
            which contribute about $1 billion annually to the General  
            Fund.  Potential additional 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)Non-public highway uses.  Representatives of non-public  
            highway users of transportation fuel raise concerns.  They  
            believe that taxes from the sale of fuel for aircraft,  
            boating, and off-road uses should be constitutionally  
            protected and dedicated to programs benefiting those users,  
            not to repair and maintenance of public streets and highways.

          6)SBX1 1.  The revenue increases proposed in SBX1 1 (Beall) 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,
                          September 3, 2015.)
          
            SUPPORT:  

          Alameda Corridor-East Construction Authority
          Howard Jarvis Taxpayers Association
          Kern Council of Governments
          Kern County Board of Supervisors
          San Bernardino, County of
          San Joaquin Valley Regional Transportation Planning Agencies
          Transportation Agency for Monterey County

          OPPOSITION:








          SCAX1 1 (Huff)                                      Page 5 of ?
          
          

          Sierra Club of California


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