BILL NUMBER: AB 1277	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Evans

                        FEBRUARY 22, 2005

   An act to amend Sections 183 and 2101 of, and to amend the heading
of Chapter 3 (commencing with Section 2100) of Division 3 of, the
Streets and Highways Code, relating to transportation, and making an
appropriation therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1277, as introduced, Evans.   Highway Users Tax Account: State
Highway Account: appropriation of funds.
   Article XIX of the California Constitution requires revenues from
state excise taxes on motor vehicle fuels for use in motor vehicles
upon public streets and highways, over and above the cost of
collection and any refunds authorized by law, to be used for various
street and highway purposes and for certain mass transit guideway
purposes. Existing law requires state excise fuel tax revenues to be
deposited in various accounts and to be allocated, in part, for
various purposes, including the cost of collection and authorized
refunds. Existing law requires the balance of these funds remaining
after authorized deductions to be transferred to and deposited
monthly in the Highway Users Tax Account in the Transportation Tax
Fund. Existing law provides for formula apportionment of specified
revenues in the Highway Users Tax Account to cities and counties for
the transportation purposes authorized by Article XIX of the
California Constitution, and generally requires the remaining
revenues to be transferred to and deposited in the State Highway
Account in the State Transportation Fund. Existing law provides that
the money in the Highway Users Tax Account is continuously
appropriated for the above-described transportation purposes, but
also generally provides that the money in the State Highway Account
may not be expended until appropriated by the Legislature.
   This bill would, notwithstanding any other provision of law,
provide that all moneys in the Highway Users Tax Account in the
Transportation Tax Fund and in the State Highway Account in the State
Transportation Fund are continuously appropriated and may be
encumbered in any year in which a Budget Act has not been enacted by
July 1 for the fiscal year beginning on July 1. The bill would
thereby make an appropriation. The bill would authorize the
Controller to make estimates in order to implement these provisions.

   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 183 of the Streets and Highways Code is amended
to read:
   183.  (a) All money in the State Highway Account in the State
Transportation Fund derived from federal sources or from
appropriations to other state agencies, or deposited in the account
by local agencies or by others, is continuously appropriated to, and
shall be available for expenditure by, the department for the
purposes for which the money was made available.Unless otherwise
expressly provided for by law, none of the balance of the money in
the State Highway Account shall be expended until it has been
specifically appropriated by the Legislature or made available
pursuant to Section 13322 of the Government Code.
   The Budget Act appropriations shall be made on a program basis
only and shall not identify the specific capital outlay projects to
be funded. The commission shall be responsible for allocating the
funds to specific projects within the budget program categories,
except that all funds described in Chapter 5 (commencing with Section
2200) of Division 3 shall be allocated on a program basis to the
department for allocation pursuant to that chapter.
   (b) Notwithstanding subdivision (a), commencing with the 1985-86
Budget, the department shall submit with its budget requests a
detailed description of the acquisition, improvement, and
construction of office building projects to the Legislature for
review. The total amount appropriated for those projects shall be
identified as a separate line item in the Budget Act. Funds
appropriated for those projects shall be allocated by the commission
only for projects which have been approved by the Legislature. Minor
projects are to be defined consistent with Section 167. The
commission may substitute for approved minor projects, if the total
sum of minor projects is within the amount approved by the
Legislature.
   (c) Notwithstanding any other provision of law, the Department of
Finance may establish the accounting and reporting system used to
determine the expenditures, cash needs, and balance of the State
Highway Account.  
   (d) Notwithstanding subdivision (a), Section 13340 of the
Government Code, or any other provision of law, in any year in which
a Budget Act has not been enacted by July 1 for the fiscal year
beginning on July 1, all moneys in the State Highway Account that are
otherwise subject to appropriation pursuant to subdivision (a) are
hereby continuously appropriated and may be encumbered for the
purposes specified in this chapter. 
  SEC. 2.  The heading of Chapter 3 (commencing with Section 2100) of
Division 3 of the Streets and Highways Code is amended to read:
      CHAPTER 3.  HIGHWAY USERS TAX  FUND  
ACCOUNT 

  SEC. 3.  Section 2101 of the Streets and Highways Code is amended
to read:
   2101.   (a)    All moneys in the Highway Users
Tax Account in the Transportation Tax Fund and hereafter received in
the account are appropriated for all of the following:   (a)

    (1)    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 payment for property taken or damaged for such purposes, and the
administrative costs necessarily incurred in the foregoing purposes.

   (b) 
    (2)    The research and planning for exclusive
public mass transit guideways (and their related fixed facilities),
the payment for property taken or damaged for such purposes, and the
administrative costs necessarily incurred in the foregoing purposes.

   (c) 
    (3)    The 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, in any area
where the voters thereof have approved a proposition pursuant to
Section 4 of Article XIX of the California Constitution.  
   (d) 
    (4)    The payment of principal and interest on
voter-approved bonds issued for the purposes specified in 
subdivision (c)   paragraph (3)  .  
   (b) Notwithstanding Section 13340 of the Government Code or any
other provision of law, in any year in which a Budget Act has not
been enacted by July 1 for the fiscal year beginning on July 1, all
moneys in the Highway Users Tax Account in the Transportation Tax
Fund are hereby continuously appropriated and may be encumbered for
the purposes specified in this section and in the manner specified in
this chapter. To the extent necessary to implement this subdivision,
the Controller may make estimates of appropriations and
apportionments, as the case may be, for the purpose of making
apportionments or transfers specified in this chapter. Upon enactment
of a Budget Act for the fiscal year, the Controller shall make
necessary adjustments to reflect actual appropriations and
apportionments.