HomeMy WebLinkAboutMINUTES - 06032014 - C.69RECOMMENDATION(S):
ADOPT the following positions on transportation related legislation as recommended by the Transportation, Water,
and Infrastructure Committee:
"WATCH" on:
1: Assembly Bill 1324 (Skinner) Transactions and Use Taxes: City of El Cerrito : a bill that would authorize the
City of El Cerrito, if certain requirements are met, to impose a transactions and use tax for general purposes at a
minimum rate, that would, in combination with other specified taxes, exceed the combined rate limit provided under
the Transactions and Use Tax Law.
2: AB 2651 (Linder) Vehicle Weight Fees: Transportation Bond Debt: Prohibits weight fee revenue from being
transferred from the State Highway Account to the Transportation Debt Service Fund or to the Transportation Bond
Direct Payment Account, and from being used to pay the debt service on transportation general obligation bonds.
3: AB 2728 (Perea) Vehicle Weight Fees: Transportation Bond: Prohibits weight fee revenues from being
transferred from the State Highway Account to the Transportation Debt Service Fund or the Transportation Bond
Direct Payment Account, or any other fund or account for the purpose of payment of the debt service on
transportation general obligation bonds. Prohibits loans of the revenues to the General Fund.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 06/03/2014 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: John Cunningham,
674-7833
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: June 3, 2014
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen , Deputy
cc:
C. 69
To:Board of Supervisors
From:Catherine Kutsuris, Conservation and Development Director
Date:June 3, 2014
Contra
Costa
County
Subject:Recommendations on Transportation Related Legislation.
RECOMMENDATION(S): (CONT'D)
4: SB 1418 (DeSaulnier) Vehicle Weight Fees: Transportation Bond Debt Service: Repeals existing law allowing
for the transfer of weight fees from the State Highway Account to reimburse the General Fund for debt service on
transportation bonds. Requires specified percentage of the revenues derived from the increase in motor fuel excise
taxes to be deposited in the State Highway Account to be allocated to city and county streets and roads, and
another percentage to the State Highway Operation and Protection Program.
FISCAL IMPACT:
None. The recommended actions are exclusively "watch" positions. Subsequent reports or recommendations on
these bills will provide fiscal impacts.
BACKGROUND:
The Transportation, Water and Infrastructure (TWI) Committee reviewed the subject bills at their May 1st
meeting and approved forwarding the following recommendations to the Board of Supervisors:
The following bill will be monitored by the TWI Committee for the potential effect on broader County
transportation funding interests:
1: Assembly Bill 1324 (Skinner) Transactions and Use Taxes: City of El Cerrito : Authorizes the City of El
Cerrito, if certain requirements are met, to impose a transactions and use tax for general purposes at a minimum
rate, that would, in combination with other specified taxes, exceed the combined rate limit provided under the
Transactions and Use Tax Law.
The following three bills address the current practice of transferring weight fees from the State Highway Account
to either the Transportation Debt Service Fund, the Transportation Bond Direct Payment Account, or being used
to pay the debt service on transportation general obligation bonds. These bills will continue to be monitored by
the TWI Committee who will report back at a future Board of Supervisors meeting.
2: AB 2651 (Linder) Vehicle Weight Fees: Transportation Bond Debt: Prohibits weight fee revenue from being
transferred from the State Highway Account to the Transportation Debt Service Fund or to the Transportation
Bond Direct Payment Account, and from being used to pay the debt service on transportation general obligation
bonds.
3: AB 2728 (Perea) Vehicle Weight Fees: Transportation Bond : Prohibits weight fee revenues from being
transferred from the State Highway Account to the Transportation Debt Service Fund or the Transportation Bond
Direct Payment Account, or any other fund or account for the purpose of payment of the debt service on
transportation general obligation bonds. Prohibits loans of the weight fee revenues to the General Fund.
4: SB 1418 (DeSaulnier) Vehicle Weight Fees: Transportation Bond Debt Service: Repeals provisions of
existing law which allow for the transfer of weight fees on the registration of commercial motor vehicles from the
State Highway Account to reimburse the General Fund for debt service on transportation bonds. Requires of
specified percentage of the revenues derived from the increase in motor fuel excise taxes to be deposited in the
State Highway Account to be allocated to city and county streets and roads, and another percentage to the State
Highway Operation and Protection Program.
Attached to this Board report is:
1: Table: Adopted Positions on Subject Legislation - 2014
2: Text of Subject Legislation
CONSEQUENCE OF NEGATIVE ACTION:
Without approving the recommendations of the Transportation, Water and Infrastructure Committee, the Board
will forgo an opportunity to communicate the County's legislative interests and intent.
CHILDREN'S IMPACT STATEMENT:
No impact.
ATTACHMENTS
Table: Adopted Positions on Legislation Table
Text of Subject Legislation June 3 BOS Meeting
Adopted Positions on Subject Legislation ‐ 2014 Bill CC County ABAG BAAQMD CCTA CSAC LofC MTC Other Assembly Bill 1324 (Skinner) Transactions and Use Taxes: City of El Cerrito Pending Watch Watch AB 2651 (Linder) Vehicle Weight Fees: Transportation Bond Debt Pending Watch AB 2728 (Perea) Vehicle Weight Fees: Transportation Bond Pending Watch SB 1418 (DeSaulnier) Vehicle Weight Fees: Transportation Bond Debt Service Pending Support Assembly Bill 1811 (Buchanan) High-Occupancy Vehicle Lanes Support 4/22/14 Support Watch Support Assembly Bill 2398 (Levine) Vehicles: Pedestrians and Bicyclists Support 4/22/14 Watch Assembly Bill 1532 (Gatto) Vehicle Accidents Support 4/22/14 Watch Senate Bill 1151 (Cannella) Vehicles: School Zone Fines Support and Request Amendment 4/22/14 Support Assembly Bill 2235 (Buchanan) Kindergarten-University Public Education Facilities Bond Act of 2014 Watch 4/22/14 Watch Assembly Bill 1724 (Frazier) Construction Manager/General Contractor method: regional transportation agencies: Watch 4/22/14 FEDERAL Senate 1708: (Merkley [OR])/ House of Representatives 3494: (Blumenauer [OR]) The Bicycle and Pedestrian Safety Act Support 4/22/14 G:\Transportation\Legislation\2014\Positions on Subject Legislation.docx
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2013 CA A 1324
Author:Skinner
Version:Am ended
Version Date:05/05/20 14
An a ct to am end Section 9250.14 o f the Vehicle Cod e, relating to veh i cl es , and m aki ng an appropriation therefor.
An act to add and rep eal Chapter 3 .8 (com m encing w i th Section 72 93) of Part 1.7 of D i vis ion 2 of the Revenue and
Taxation Co de, relating to taxation.
LEGISLATIVE C OUNSEL'S DIGEST
AB 1 324, as am ended, Skinner. Vehi cl es : additional reg i s tration fees : ve hicle theft crim e s . Trans actions a nd us e taxes :
C i ty o f El Cerrito.
Exis ting law a uthorizes citi es and counties , s ubject to certain l i m itations and ap proval requirem ents , to levy a
trans actions and us e ta x for general p urp os es , in accordance with the p rocedures and req uirem ents s et fo rth in the
Tran s actions and Us e Tax Law, includ i ng a requirem ent that the com bin ed rate of all ta xe s that m ay be im pos ed in
accord ance with that law in the county n ot exceed 2%.
This bill wou l d authorize the C i ty of El Cerri to, if certain require m ents are m e t, to im pos e a tran s actions and
us e ta x for general purp os es at a rate of no m ore than 0.5 % that would, in com bination w i th other s peci fi ed taxes ,
exce ed the com bined rate lim it.
Thes e provis ions would be repealed by the i r own term s on Ja nuary 1, 2022 , i f the ordinance is not approved,
as s p ecified.
This bill wou l d m ake legis l ative findings an d declarations as to the neces s i ty o f a s pecial s tatu te for the City
of El Ce rrito.
Exis ting law, until January 1, 2018, in addition to the other fe es im pos ed for the regis tration o f a vehicle,
autho rizes a county to im pos e an additional fee of $1 on all m otor vehicle s , and an additional s ervice fe e of $2 on
com m ercial m otor vehicles of 10,001 p ounds or m ore, as s pecified, and continuous ly ap propriates the m oney to fund
local program s relatin g to vehicle theft crim es . Exis ting la w als o authori ze s the County of Los Angeles , th e County of
San D i ego, and the C ounty of San Bernardino to increa s e the m otor vehicle fee from $1 to $2, provides that the s ervice
fee on com m ercial m o tor vehicles would i ncreas e from $2 to $4 in thos e counties , upon a doption of a res o l ution of their
Added: Green unde rlined text
De lete d: Dark red text with a s trikethrough
Ve toe d: Red text
AMENDED IN ASSEMBLY March 21, 2013
AMENDED IN ASSEMBLY May 02, 2013
AMENDED IN SENATE May 05, 2014
CALIFOR N IA LEGISLATURE--2013-2014 R EGULAR SESSION
Assembly Bill
No. 1324
Introduc ed by As s em bly Mem bers Mem ber Skinner and Bonta
Feb ruary 22, 2013
(Coauthor: As s e m bly Mem ber Bu chanan)
(Coautho r: Senator Hanco ck)
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boards of s upervis ors , and requires th e res olution to be s ubm itted to the Departm ent o f Motor Vehicles at leas t 6
m on ths prior to the op erative date of th e fee increas e. Exis ting law provi des that thes e fee s are depos ited i nto a
continu ous ly appropriate d fund.
This bill wou l d, until January 1 , 2018, additio nally authorize the County of Ala m e da to increas e the m otor
vehicl e fee from $1 to $2, would provide that the s ervice fe e on com m ercia l m otor vehicles would increas e from $2 to $4,
upon adoption of a res olution of its bo ard of s upervis ors , and would requ i re the res olution to be s ubm itted to the
Departm ent of Motor Veh i cles at leas t 6 m onths prior to th e operative da te of the fee increas e. The bill w ould m ake an
appropri ation by depos i ti ng the increa s ed fees in a contin uous ly appro priated fund.
Vote Requ i red: MAJORITY Ap propriation: YES NO Fis cal Com m ittee: YES NO Local Program : NO Im m ediate
Effect NO Urgency: N O Tax Levy: NO Election: NO Us ual Current Expen s es : NO Budget Bi l l : NO Prop 25 Trailer Bill: NO
The people o f the State of Ca l i fornia do enact as follows :
SECTION 1 . C hapter 3.8 (com m encing with Section 7293) is a dded to Part 1.7 of Divis ion 2 o f the Revenue
and Taxation Code, to read:
3.8. Local Go vernm ent Fin ance in the City of El Cerrito
7293. Notwith s tanding any o ther law, the City of El Cerrito m ay im pos e a tran s actions and us e tax for genera l
purp os e s at a rate of n o m ore than 0.5 percent that wo uld, in com bination with all taxes im pos ed purs u ant to Part 1.6
(com m e ncing with Section 7251), excee d the lim it es ta blis hed in Section 7251.1, if all of th e following req uirem ents are
m et:
(a) The city a dopts an ordina nce propos ing th e trans actions an d us e tax s ubje ct to any appli cable voter
approval requirem en t.
(b) The ord i nance propos in g the trans actions and us e tax is s ubm itted to th e electorate and is approved by
the voters voting on the o rdinance as req uired by Article XIIIC of the Califo rnia Cons titutio n. The election on the
ordin ance propos ing the trans actions a nd us e tax m a y o ccur on or afte r Novem ber 4, 201 4.
(c) The trans actions and u s e tax conform s to the Trans actio ns and Us e Tax Law, Part 1.6 (com m encing with
Sectio n 7251), other th an Section 7251 .1.
(d) The tran s actions and us e tax is im pos ed on or after Janua ry 1, 2015.
7294. If, as of January 1, 20 22, an ordinance propos ing a tra ns actions and us e tax has not be en approved as
requ i red by s ubdivis io n (b) of Section 7 293, this chapter s hall be repealed as of that s am e date.
SEC. 2. The L egis lature fin ds and declares that a s pecial la w i s neces s ary a nd that a genera l l aw cannot be
m ad e applicable with i n the m eaning o f Section 16 of Article IV of the Ca l i fornia Cons titu ti on becaus e of the unique fis cal
and p ublic s ervice pre s s ures being e xp erienced in the City of El Cerrito.
SECTION 1 . Section 9250.14 of the Vehicle Co de is am ended to read:
9250.14. (a) (1) In addition to any other fees s pecified in this co de and the Re ve nue and Taxa ti on Code, upon
the ad option of a res olu ti on by any cou nty board of s upervis ors , a fee of o ne dollar ($1) s hall be paid at the tim e of
regis tration or renewa l of regis tration of e very vehicle, except vehicles des cribed in s ub divi s ion (a) of Sectio n 5014.1,
regis tered to an addres s within that co unty except thos e e xpres s ly exem pted from paym ent of regis tration fees . The
fees , a fter deduction of the adm inis tra ti ve cos ts incurre d by the departm e nt in carrying ou t this s ection, s h all be paid
quarterly to the Contro l l er.
(2) (A) If the County of Alam ed a, the County of Los Angeles , th e County of San D i ego, or the Co unty of San
Bernardino has adopte d a res olution to im pos e a one-d ollar ($1) fee pu rs uant to parag rap h (1), the cou nty m ay
increa s e the fee s pecified in paragraph (1) to two dollars ($2) in the s am e m anner as the im pos ition of th e initial fee
purs uan t to paragraph (1). The two do l l ars ($2) s hall b e paid at the tim e o f regis tration or renewal of reg i s tration of a
vehicl e, and quarterly to the Controller, a s provided in p aragraph (1).
(B) A res o l ution to increas e th e fee from one d ollar ($1) to tw o dollars ($2) p urs uant to s ubpara graph (A)
s hall b e s ubm itted to the departm ent at leas t s ix m onths prior to the operative date of the fee increas e.
(3) In addition to the s ervice fee im pos ed p urs uant to paragra ph (1), and upo n the im plem en tation of the
perm an ent trailer ide ntification plate p rog ram , and as pa rt of the Com m erci al Vehicle R egis tration Act of 20 01 (Chapter
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861 o f the Statutes of 20 00), all com m erci al m otor vehicle s s ubject to Section 9400.1 reg i s tered to an owner with an
addres s i n the county that es tablis hed a s ervice authori ty under this s e cti on, s hall pay an additional s ervi ce fee of two
dollars ($2).
(4) (A) If a cou nty im pos es a s ervice fee of two dollars ($2) by adopting a res o l ution purs uant to
s ubp ara graph (A) of pa ragraph (2), th e fee s pecified in pa ragraph (3) s hall be increas ed to four dollars ($4).The four
dollars ($4) s hall be p aid at the tim e of re gis tration or ren ewal of regis tration of a vehicle, a nd quarterly to the Controller
as provi ded in paragra ph (1).
(B) A res o l ution to increas e th e additional s ervice fee from tw o dollars ($2) to four dollars ($4 ) purs uant to
s ubp ara graph (A) s ha l l be s ubm itted to the departm ent a t l eas t s ix m onth s prior to the ope rative date of the fee
increa s e.
(b) Notwiths tanding Section 1 3340 of the Go ve rnm ent Code, the m oneys paid to the Controlle r are
continu ous ly appropriate d, without rega rd to fis cal years , for the adm inis trative cos ts of the Controller, and for
dis bu rs em ent by the Controller to each county that has a dopted a res olu ti on purs uant to s ubdivis ion (a), bas ed upon
the nu m ber of vehicle s regis tered, or w hos e regis tratio n is renewed, to an addres s with i n that county.
(c) Except a s otherwis e provided in this s ubd i vis ion, m oneys a l l ocated to a cou nty purs uant to s ubdivis ion (b )
s hall b e expended exclu s ively to fund p rogram s that e nha nce the capacity of local police a nd pros ecutors to deter,
inves tigate, and pros ecute vehicle theft cri m es . In any cou nty with a pop ulation of 250,000 or les s , the m on eys s hall be
expend ed exclus ively for thos e vehicle theft crim e prog ram s and for the pros ecution of cri m es involving dri ving while
unde r the influence of alcohol or drug s , or both, in viola ti on of Section 231 52 or 23153, or vehicular m an s laughter in
viola ti on of Section 191 .5 of the Penal Code or s ubdivis io n (c) of Sectio n 192 of the Pen al Code, or a co m b i nation of any
of thos e crim es .
(d) The m o neys collected pu rs uant to this s ection s hall not be expended to o ffs et a reduction in any other
s ource of funds , nor for any purpos e not authorized und er this s ection.
(e) Any fun ds received by a co unty prior to Jan uary 1, 2000, p urs uant to this s e cti on, that are n ot expended to
deter, i nves tigate, or p ros ecute crim es purs uant to s ub divi s ion (c) s ha l l be returned to th e Controller, fo r de pos it in the
Motor Vehicle Account in the State Trans portation Fund. Thos e funds rece i ved by a coun ty s hall be expend ed in
accord ance with this s e cti on.
(f) Each coun ty that adopts a res olution under s ubdivis ion (a ) s hall s ubm it, on or before the 13 th day
following the end of ea ch quarter, a qua rterly expenditure and activity re port to the des ign ated s tatewide Vehi cle Theft
Inves tigation and App reh ens ion Coordinator in the Depa rtm ent of the C alifornia Highwa y Patrol.
(g) A county that im pos es a fe e under s ubdivis ion (a) s hall is s ue a fis cal yearend report to the C ontroller on
or be fore Augus t 31 o f each year. The rep ort s hall includ e a detailed accounting of the fund s received and expended in
the im m ediately preceding fis cal year, i ncluding, at a m inim um , all of the following:
(1) The am ount of funds rece i ved and expend ed by the county under s ubdivis io n (b) for the im m ediately
prece ding fis cal year.
(2) The total e xpenditures b y the county under s ubdivis ion (c) for the im m edia tely preceding fis cal year.
(3) Details of expenditures m ade by the coun ty under s ubdi vis i on (c), includin g s alaries and e xp ens es ,
purch as e of equipm e nt and s upplies , a nd any other e xp enditures m ad e lis ted by type w i th an explanato ry com m ent.
(4) A s um m ary of vehicle theft abatem ent a cti vities and other ve hicle theft prog ram s funded b y th e fees
collected under this s ection.
(5) The total n um ber of s tolen vehicles recovered and the value of thos e vehicles during the im m ediately
prece ding fis cal year.
(6) The total n um ber of veh i cl es s tolen during the im m ediately preceding fis cal year as com pa red to the
fis cal year prior to the im m ediately precedi ng fis cal yea r.
(7) Any ad ditional, unexpende d fee revenue s received under s ubdivis ion (b) for the county for the im m ediately
prece ding fis cal year.
(h) Each cou nty that fails to s ubm it the repo rt required purs ua nt to s ubdivis ion (g) by Novem be r 30 of each
year s h all have the fee s us pended by the Controller for o ne year, com m en cing on July 1 following the Con troller's
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determ ination that a cou nty has failed to s ubm it the re port.
(i) (1) On or b efore January 1, 2013, and on o r before January 1 of each year, the Controller s h all provide to
the Dep artm ent of the California High w ay Patrol copie s of the yearend re ports s ubm itted by the counties u nder
s ubd i vis i on (g), and, i n cons ultation w i th the Departm en t of the California H ighway Patrol, s hall review th e fis cal yearend
repo rts s ubm itted by ea ch county purs u ant to s ubdivis io n (g) to determ i ne if fee revenu es are being utilized i n a m anner
cons is tent with this s ection. If the Con troller determ ines that the us e of th e fee revenue s is not cons is tent with this
s ection , the Controller s hall cons ult with the participatin g counties ' des i gnated regiona l coordinators . If the Controller
determ ines that us e o f the fee revenu es is s till not con s is tent with this s ection, the auth ority to collect th e fee by that
county s hall be s us pe nded for one year.
(2) If the Co ntroller determ i nes that a county has not s ubm itte d a fis cal yearen d report as req uired in
s ubd i vis i on (g), the a uthorization to co l l ect the s ervice fee s hall be s us pen ded for one ye ar purs uant to s ubdivis ion (h).
(3) When th e Controller determ ines that a fee s hall be s us p ended for a coun ty, the Controller s hall inform the
Departm ent of Motor Veh i cles on or be fore January 1 of each year that the authority to co l l ect a fee for tha t county is
s us p ended.
(j) On or b efore January 1 of e ach year, the Controller s hall p repare and s ubm i t to the Legis la ture a revenue
and e xp enditure s um m ary for each participating county that includes a l l of the following:
(1) The total revenues rece i ve d by each county.
(2) The total e xpenditures b y e ach county.
(3) The une xp ended reven ues for each coun ty.
(k) For the pu rpos es of this s e ction, a county-des ignated re gional coordinato r is that agency d es ignated by
the pa rticipating coun ty's board of s up ervis ors as the ag ency in control of its countywide vehicle theft ap pre hens ion
prog ram .
(l) This s ection s hall rem a i n in effect only until January 1, 2018 , and as of tha t date is repealed , unles s a late r
enacte d s tatute that is enacted on or be fore January 1 , 2018, deletes or extends that da te.
Copyright 2 014 State Net. All Rights Res erve d.
AMENDED IN SENATE MAY 1, 2014
AMENDED IN SENATE MARCH 27, 2014
SENATE BILL No. 1418
Introduced by Senator DeSaulnier
February 21, 2014
An act to amend Sections 16773 and 16965 of the Government Code,
to amend Section 2103 of the Streets and Highways Code, and to amend
Sections 9400.1 and 42205 of, and to repeal Section 9400.4 of, the
Vehicle Code, relating to transportation, making an appropriation
therefor, and declaring the urgency thereof, to take effect immediately.
legislative counsel’s digest
SB 1418, as amended, DeSaulnier. Vehicle weight fees: transportation
bond debt service.
(1) Existing law imposes weight fees on the registration of
commercial motor vehicles and provides for the deposit of net weight
fee revenues into the State Highway Account. Existing law provides
for the transfer of certain weight fee revenues from the State Highway
Account to the Transportation Debt Service Fund to reimburse the
General Fund for payment of debt service on general obligation bonds
issued for transportation purposes. Existing law also provides for the
transfer of certain weight fee revenues to the Transportation Bond Direct
Payment Account for direct payment of debt service on designated
bonds, which are defined to be certain transportation general obligation
bonds issued pursuant to Proposition 1B of 2006. Existing law also
provides for loans of weight fee revenue revenues to the General Fund
to the extent the revenues are not needed for bond debt service purposes,
with the loans to be repaid when the revenues are later needed for those
purposes, as specified.
97
This bill would repeal these provisions, thereby retaining the weight
fee revenues in the State Highway Account. The bill would make other
conforming changes in that regard.
(2) Existing law provides for the deposit of fuel excise tax revenues
imposed by the state on fuels used in motor vehicles upon public streets
and highways in the Highway Users Tax Account, and appropriates
those revenues to various purposes. Existing law, with respect to the
portion of these revenues that is derived from increases in the motor
vehicle fuel excise tax beginning in 2010, requires an allocation of
revenues to reimburse the State Highway Account for the amount of
weight fee revenues that the State Highway Account is not receiving
due to use of weight fee revenues to pay debt service on transportation
general obligation bonds and to make certain loans to the General Fund,
with the remaining amount of this portion of revenues allocated 44%
to the State Transportation Improvement Program, 12% to the State
Highway Operations Operation and Protection Program, and 44% to
city and county streets and roads.
This bill, with respect to the portion of these revenues that is derived
from increases in the motor vehicle fuel excise tax beginning in 2010,
would instead require 56% of the revenues to be deposited by the
Controller in the State Highway Account and 44% to be allocated by
the Controller to city and county streets and roads. This bill would
require a minimum of 21.453% of the revenues deposited in the State
Highway Account under these provisions to be allocated to the State
Highway Operation and Protection Program. The bill would thereby
make an appropriation.
(3) This bill would declare that it is to take effect immediately as an
urgency statute, with certain provisions to become operative on July 1,
2014.
Vote: 2⁄3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 16773 of the Government Code is
line 2 amended to read:
line 3 16773. (a) Whenever any payment of principal of any bonds
line 4 shall become due, either upon the maturity of any of the bonds or
line 5 upon the redemption thereof prior to maturity, and whenever any
line 6 interest on any of the bonds shall fall due, warrants shall be drawn
97
— 2 —SB 1418
line 1 against the appropriation made by the bond act from the General
line 2 Fund by the Controller in favor of the Treasurer, or state fiscal
line 3 agents, or other duly authorized agents, pursuant to claims filed
line 4 with the Controller by the Treasurer, in the amounts so falling due.
line 5 (b) For any payments of debt service, as defined in subdivision
line 6 (c) of Section 998.404 of the Military and Veterans Code, with
line 7 respect to any bonds issued pursuant to a veterans’ farm and home
line 8 purchase bond act adopted pursuant to Chapter 6 (commencing
line 9 with Section 980) of Division 4 of the Military and Veterans Code,
line 10 the Controller shall first draw warrants against the appropriation
line 11 from the Veterans’ Bonds Payment Fund in Section 988.6 of the
line 12 Military and Veterans Code, and, to the extent moneys in that fund
line 13 are insufficient to pay the amount of debt service then due, shall
line 14 draw warrants against the appropriation made by the bond act from
line 15 the General Fund for payment of any remaining amount then due.
line 16 SEC. 2. Section 16965 of the Government Code is amended
line 17 to read:
line 18 16965. (a) The Transportation Debt Service Fund is hereby
line 19 created in the State Treasury. Moneys in the fund shall, among
line 20 other things, as provided in this section, be dedicated to
line 21 payment of debt service on bonds, or to redeem or retire bonds,
line 22 pursuant to Section 16774, maturing in a subsequent fiscal year,
line 23 including bonds issued pursuant to the Clean Air and
line 24 Transportation Improvement Act of 1990 (Part 11.5 (commencing
line 25 with Section 99600) of Division 10 of the Public Utilities Code),
line 26 the Passenger Rail and Clean Air Bond Act of 1990 (Chapter 17
line 27 (commencing with Section 2701) of Division 3 of the Streets and
line 28 Highways Code), the Seismic Retrofit Bond Act of 1996 (Chapter
line 29 12.48 (commencing with Section 8879) of Division 1 of Title 2),
line 30 the Highway Safety, Traffic Reduction, Air Quality, and Port
line 31 Security Bond Act of 2006 (Chapter 12.49 (commencing with
line 32 Section 8879.20) of Division 1 of Title 2), and the Safe, Reliable
line 33 High-Speed Passenger Train Bond Act for the 21st Century
line 34 (Chapter 20 (commencing with Section 2704) of Division 3 of the
line 35 Streets and Highways Code). If the moneys in the fund are
line 36 insufficient to pay the balance of the debt consistent with existing
line 37 obligations, the General Fund will be used to pay the balance of
line 38 any debt service.
line 39 (b) From the moneys transferred to the fund pursuant to Section
line 40 9400.4 of the Vehicle Code prior to July 1, 2014,
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SB 1418— 3 —
line 1 or on an ongoing basis pursuant to Section 16965.1 or 63048.67,
line 2 the Controller shall transfer as an expenditure reduction to the
line 3 General Fund any amount necessary to offset the cost of current
line 4 year debt service payments made from the General Fund with
line 5 respect to any bonds issued pursuant to Proposition 192 (1996)
line 6 and three-quarters of the amount of current year debt service
line 7 payments made from the General Fund with respect to any bonds
line 8 issued pursuant to Proposition 1B (2006). In the alternative, these
line 9 funds may also be used to redeem or retire the applicable bonds,
line 10 pursuant to Section 16774, maturing in a subsequent fiscal year
line 11 as directed by the Director of Finance.
line 12 (c) From moneys transferred to the fund pursuant to Section
line 13 183.1 of the Streets and Highways Code, the Controller shall
line 14 transfer as an expenditure reduction to the General Fund any
line 15 amount necessary to offset the cost of current year debt service
line 16 payments made from the General Fund with respect to any bonds
line 17 issued pursuant to Proposition 116 (1990). In the alternative, these
line 18 funds may also be used to redeem or retire the applicable bonds,
line 19 pursuant to Section 16774, maturing in a subsequent fiscal year
line 20 as directed by the Director of Finance.
line 21 (d) From moneys transferred to the fund pursuant to paragraph
line 22 (2) or (3) of subdivision (c) of Section 9400.4 of the Vehicle Code
line 23 prior to July 1, 2014, or on an ongoing basis pursuant to Section
line 24 16965.1 or 63048.67, the Controller shall transfer as an expenditure
line 25 reduction to the General Fund any amount necessary to offset the
line 26 eligible cost of current year debt service payments made from the
line 27 General Fund with respect to any bonds issued pursuant to
line 28 Proposition 108 (1990) and Proposition 1A (2008), and one-quarter
line 29 of the amount of current year debt service payments made from
line 30 the General Fund with respect to any bonds issued pursuant to
line 31 Proposition 1B (2006). The Department of Finance shall notify
line 32 the Controller by July 30 of every year of the percentage of debt
line 33 service that is expected to be paid in that fiscal year with respect
line 34 to bond-funded projects that qualify as eligible guideway projects
line 35 consistent with the requirements applicable to the expenditure of
line 36 revenues under Article XIX of the California Constitution, and the
line 37 Controller shall make payments only for those eligible projects.
line 38 In the alternative, these funds may also be used to redeem or retire
line 39 the applicable bonds, pursuant to Section 16774, maturing in a
line 40 subsequent fiscal year as directed by the Director of Finance.
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line 1 (e) On or before the second business day following the date on
line 2 which transfers are made to the Transportation Debt Service Fund,
line 3 the Controller shall transfer the funds designated for reimbursement
line 4 of bond debt service in that month from the fund to the General
line 5 Fund pursuant to this section.
line 6 SEC. 3. Section 2103 of the Streets and Highways Code is
line 7 amended to read:
line 8 2103. (a) Notwithstanding Section 13340 of the Government
line 9 Code, of the net revenues deposited to the credit of the Highway
line 10 Users Tax Account in the Transportation Tax Fund that are derived
line 11 from the increases in the rates of taxes that are imposed pursuant
line 12 to subdivision (b) of Section 7360 and Section 7361.1 of the
line 13 Revenue and Taxation Code, all of the following shall occur on a
line 14 monthly basis:
line 15 (1) Fifty-six percent shall be transferred by the Controller to
line 16 the State Highway Account to fund projects that are consistent
line 17 with Section 1 2 of Article XIX of the California Constitution,
line 18 with a minimum of 21.43 percent of the revenues transferred under
line 19 this paragraph to be used to fund projects in the State Highway
line 20 Operation and Protection Program.
line 21 (2) Forty-four percent shall be apportioned by the Controller
line 22 for local street and road purposes as follows:
line 23 (A) Fifty percent shall be apportioned by the Controller to cities,
line 24 including a city and county, in the proportion that the total
line 25 population of the city bears to the total population of all the cities
line 26 in the state.
line 27 (B) Fifty percent shall be apportioned by the Controller to
line 28 counties, including a city and county, in accordance with the
line 29 following formulas:
line 30 (i) Seventy-five percent shall be apportioned among the counties
line 31 in the proportion that the number of fee-paid and exempt vehicles
line 32 that are registered in the county bear to the number of fee-paid and
line 33 exempt vehicles registered in the state.
line 34 (ii) Twenty-five percent shall be apportioned among the counties
line 35 in the proportion that the number of miles of maintained county
line 36 roads in each county bear to the total number of miles of
line 37 maintained county roads in the state. For the purposes of
line 38 apportioning funds under this subparagraph, any roads within the
line 39 boundaries of a city and county that are not state highways shall
line 40 be deemed to be county roads.
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SB 1418— 5 —
line 1 (b) After the transfers or other actions pursuant to subdivision
line 2 (a), at least 90 percent of the balance deposited to the credit of the
line 3 Highway Users Tax Account in the Transportation Tax Fund by
line 4 the 28th day of each month shall be apportioned or transferred, as
line 5 applicable, by the Controller by the second working day thereafter,
line 6 except for June, in which case the apportionment or transfer shall
line 7 be made the same day. These apportionments or transfers shall be
line 8 made as provided for in Sections 2104 to 2122, inclusive. If
line 9 information is not available to make the apportionment or transfer
line 10 as required, the apportionment or transfer shall be made on the
line 11 basis of the information of the previous month. Amounts not
line 12 apportioned or transferred shall be included in the apportionment
line 13 or transfer of the subsequent month.
line 14 (c) Notwithstanding any other law, the funds apportioned by
line 15 the Controller to cities and counties pursuant to paragraph (2) of
line 16 subdivision (a) are not subject to Section 7104 or 7104.2 of the
line 17 Revenue and Taxation Code. These funds may be expended for
line 18 any street and road purpose consistent with the requirements of
line 19 this chapter.
line 20 SEC. 4. Section 9400.1 of the Vehicle Code is amended to
line 21 read:
line 22 9400.1. (a) (1) In addition to any other required fee, there
line 23 shall be paid the fees set forth in this section for the registration
line 24 of commercial motor vehicles operated either singly or in
line 25 combination with a declared gross vehicle weight of 10,001 pounds
line 26 or more. Pickup truck and electric vehicle weight fees are not
line 27 calculated under this section.
line 28 (2) The weight of a vehicle issued an identification plate
line 29 pursuant to an application under Section 5014, and the weight of
line 30 an implement of husbandry as defined in Section 36000, shall not
line 31 be considered when calculating, pursuant to this section, the
line 32 declared gross vehicle weight of a towing commercial motor
line 33 vehicle that is owned and operated exclusively by a farmer or an
line 34 employee of a farmer in the conduct of agricultural operations.
line 35 (3) Tow trucks that are utilized to render assistance to the
line 36 motoring public or to tow or carry impounded vehicles shall pay
line 37 fees in accordance with this section, except that the fee calculation
line 38 shall be based only on the gross vehicle weight rating of the towing
line 39 or carrying vehicle. Upon each initial or transfer application for
line 40 registration of a tow truck described in this paragraph, the
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line 1 registered owner or lessee or that owner’s or lessee’s designee,
line 2 shall certify to the department the gross vehicle weight rating of
line 3 the tow truck:
line 4
line 5 FeeGross Vehicle Weight Range
line 6 $ 25710,001–15,000 ............................................................................
line 7 35315,001–20,000 ............................................................................
line 8 43520,001–26,000 ............................................................................
line 9 55226,001–30,000 ............................................................................
line 10 64830,001–35,000 ............................................................................
line 11 76135,001–40,000 ............................................................................
line 12 83740,001–45,000 ............................................................................
line 13 94845,001–50,000 ............................................................................
line 14 1,03950,001–54,999 ............................................................................
line 15 1,17355,000–60,000 ............................................................................
line 16 1,28260,001–65,000 ............................................................................
line 17 1,39865,001–70,000 ............................................................................
line 18 1,65070,001–75,000 ............................................................................
line 19 1,70075,001–80,000 ............................................................................
line 20
line 21 (b) The fees specified in subdivision (a) apply to both of the
line 22 following:
line 23 (1) An initial or original registration occurring on or after
line 24 December 31, 2001, to December 30, 2003, inclusive, of a
line 25 commercial motor vehicle operated either singly or in combination
line 26 with a declared gross vehicle weight of 10,001 pounds or more.
line 27 (2) The renewal of registration of a commercial motor vehicle
line 28 operated either singly or in combination, with a declared gross
line 29 vehicle weight of 10,001 pounds or more for which registration
line 30 expires on or after December 31, 2001, to December 30, 2003,
line 31 inclusive.
line 32 (c) (1) For both an initial or original registration occurring on
line 33 or after December 31, 2003, of a commercial motor vehicle
line 34 operated either singly or in combination with a declared gross
line 35 vehicle weight of 10,001 pounds or more, and the renewal of
line 36 registration of a commercial motor vehicle operated either singly
line 37 or in combination, with a declared gross vehicle weight of 10,001
line 38 pounds or more for which registration expires on or after December
line 39 31, 2003, there shall be paid fees as follows:
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SB 1418— 7 —
line 1 Fee Weight CodeGross Vehicle Weight Range
line 2 $ 332A10,001–15,000
line 3 447B15,001–20,000
line 4 546C20,001–26,000
line 5 586D26,001–30,000
line 6 801E30,001–35,000
line 7 937F35,001–40,000
line 8 1,028G40,001–45,000
line 9 1,161H45,001–50,000
line 10 1,270I50,001–54,999
line 11 1,431J55,000–60,000
line 12 1,562K60,001–65,000
line 13 1,701L65,001–70,000
line 14 2,004M70,001–75,000
line 15 2,064N75,001–80,000
line 16
line 17 (2) For the purpose of obtaining “revenue neutrality” as
line 18 described in Sections 1 and 59 of Senate Bill 2084 of the
line 19 1999–2000 Regular Session (Chapter 861 of the Statutes of 2000),
line 20 the Director of Finance shall review the final 2003–04 Statement
line 21 of Transactions of the State Highway Account. If that review
line 22 indicates that the actual truck weight fee revenues deposited in the
line 23 State Highway Account do not total at least seven hundred
line 24 eighty-nine million dollars ($789,000,000), the Director of Finance
line 25 shall instruct the department to adjust the schedule set forth in
line 26 paragraph (1), but not to exceed the following fee amounts:
line 27
line 28 Fee Weight CodeGross Vehicle Weight Range
line 29 $ 354A10,001–15,000
line 30 482B15,001–20,000
line 31 591C20,001–26,000
line 32 746D26,001–30,000
line 33 874E30,001–35,000
line 34 1,024F35,001–40,000
line 35 1,125G40,001–45,000
line 36 1,272H45,001–50,000
line 37 1,393I50,001–54,999
line 38 1,571J55,000–60,000
line 39 1,716K60,001–65,000
line 40 1,870L65,001–70,000
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line 1 2,204M70,001–75,000
line 2 2,271N75,001–80,000
line 3
line 4 (d) (1) In addition to the fees set forth in subdivision (a), a
line 5 Cargo Theft Interdiction Program fee of three dollars ($3) shall
line 6 be paid at the time of initial or original registration or renewal of
line 7 registration of each motor vehicle subject to weight fees under this
line 8 section.
line 9 (2) This subdivision does not apply to vehicles used or
line 10 maintained for the transportation of persons for hire, compensation
line 11 or profit, and tow trucks.
line 12 (3) For vehicles registered under Article 4 (commencing with
line 13 Section 8050) of Chapter 4, the fee imposed under this subdivision
line 14 shall be apportioned as required for registration fees under that
line 15 article.
line 16 (4) Funds collected pursuant to the Cargo Theft Interdiction
line 17 Program shall not be proportionately reduced for each month and
line 18 shall be transferred to the Motor Carriers Safety Improvement
line 19 Fund.
line 20 (e) Notwithstanding Section 42270 or any other provision of
line 21 law, of the moneys collected by the department under this section,
line 22 one hundred twenty-two dollars ($122) for each initial, original,
line 23 and renewal registration shall be reported monthly to the Controller,
line 24 and at the same time, deposited in the State Treasury to the credit
line 25 of the Motor Vehicle Account in the State Transportation Fund.
line 26 All other moneys collected by the department under this section
line 27 shall be deposited to the credit of the State Highway Account in
line 28 the State Transportation Fund. One hundred twenty-two dollars
line 29 ($122) of the fee imposed under this section shall not be
line 30 proportionately reduced for each month. For vehicles registered
line 31 under Article 4 (commencing with Section 8050) of Chapter 4,
line 32 the fee shall be apportioned as required for registration under that
line 33 article.
line 34 (f) (1) The department, in consultation with the Department of
line 35 the California Highway Patrol, shall design and make available a
line 36 set of distinctive weight decals that reflect the declared gross
line 37 combined weight or gross operating weight reported to the
line 38 department at the time of initial registration, registration renewal,
line 39 or when a weight change is reported to the department pursuant
line 40 to Section 9406.1. A new decal shall be issued on each renewal
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SB 1418— 9 —
line 1 or when the weight is changed pursuant to Section 9406.1. The
line 2 decal for a tow truck that is subject to this section shall reflect the
line 3 gross vehicle weight rating or weight code.
line 4 (2) The department may charge a fee, not to exceed ten dollars
line 5 ($10), for the department’s actual cost of producing and issuing
line 6 each set of decals issued under paragraph (1).
line 7 (3) The weight decal shall be in sharp contrast to the background
line 8 and shall be of a size, shape, and color that is readily legible during
line 9 daylight hours from a distance of 50 feet.
line 10 (4) Each vehicle subject to this section shall display the weight
line 11 decal on both the right and left sides of the vehicle.
line 12 (5) A person may not display upon a vehicle a decal issued
line 13 pursuant to this subdivision that does not reflect the declared weight
line 14 reported to the department.
line 15 (6) Notwithstanding subdivision (e) or any other provision of
line 16 law, the moneys collected by the department under this subdivision
line 17 shall be deposited in the State Treasury to the credit of the Motor
line 18 Vehicle Account in the State Transportation Fund.
line 19 (7) This subdivision shall apply to vehicles subject to this section
line 20 at the time of an initial registration, registration renewal, or reported
line 21 weight change that occurs on or after July 1, 2004.
line 22 (8) The following shall apply to vehicles registered under the
line 23 permanent fleet registration program pursuant to Article 9.5
line 24 (commencing with Section 5301) of Chapter 1:
line 25 (A) The department, in consultation with the Department of the
line 26 California Highway Patrol, shall distinguish the weight decals
line 27 issued to permanent fleet registration vehicles from those issued
line 28 to other vehicles.
line 29 (B) The department shall issue the distinguishable weight decals
line 30 only to the following:
line 31 (i) A permanent fleet registration vehicle that is registered with
line 32 the department on January 1, 2005.
line 33 (ii) On and after January 1, 2005, a vehicle for which the
line 34 department has an application for initial registration as a permanent
line 35 fleet registration vehicle.
line 36 (iii) On and after January 1, 2005, a permanent fleet registration
line 37 vehicle that has a weight change pursuant to Section 9406.1.
line 38 (C) The weight decal issued under this paragraph shall comply
line 39 with the applicable provisions of paragraphs (1) to (6), inclusive.
line 40 SEC. 5. Section 9400.4 of the Vehicle Code is repealed.
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line 1 SEC. 6. Section 42205 of the Vehicle Code is amended to read:
line 2 42205. (a) Notwithstanding Chapter 3 (commencing with
line 3 Section 42270), the department shall file, at least monthly with
line 4 the Controller, a report of money received by the department
line 5 pursuant to Section 9400 for the previous month and shall, at the
line 6 same time, remit all money so reported to the Treasurer. On order
line 7 of the Controller, the Treasurer shall deposit all money so remitted
line 8 into the State Highway Account in the State Transportation Fund.
line 9 (b) The Legislature shall appropriate from the State Highway
line 10 Account in the State Transportation Fund to the department and
line 11 the Franchise Tax Board amounts equal to the costs incurred by
line 12 each in performing their duties pursuant to Article 3 (commencing
line 13 with Section 9400) of Chapter 6 of Division 3. The applicable
line 14 amounts shall be determined so that the appropriate costs for
line 15 registration and weight fee collection activities are appropriated
line 16 between the recipients of revenues in proportion to the revenues
line 17 that would have been received individually by those recipients if
line 18 the total fee imposed under the Vehicle License Fee Law (Part 5
line 19 (commencing with Section 10701) of Division 2 of the Revenue
line 20 and Taxation Code) was 2 percent of the market value of a vehicle.
line 21 The remainder of the funds collected under Section 9400 and
line 22 deposited in the account may be appropriated to the Department
line 23 of Transportation, the Department of the California Highway
line 24 Patrol, and the Department of Motor Vehicles for the purposes
line 25 authorized under Section 3 of Article XIX of the California
line 26 Constitution.
line 27 SEC. 7. Sections 1 to 6, inclusive, of this act shall become
line 28 operative on July 1, 2014.
line 29 SEC. 8. This act is an urgency statute necessary for the
line 30 immediate preservation of the public peace, health, or safety within
line 31 the meaning of Article IV of the Constitution and shall go into
line 32 immediate effect. The facts constituting the necessity are:
line 33 In order to make vehicle weight fees available for critically
line 34 needed transportation improvements as quickly as possible, it is
line 35 necessary that this act take effect immediately.
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SB 1418— 11 —
AMENDED IN ASSEMBLY APRIL 24, 2014
AMENDED IN ASSEMBLY MARCH 27, 2014
california legislature—2013–14 regular session
ASSEMBLY BILL No. 2728
Introduced by Assembly Member Members Perea and Linder
(Coauthor: Assembly Member Lowenthal)
February 21, 2014
An act to add and repeal Section 9400.5 of the Vehicle Code, relating
to transportation.
legislative counsel’s digest
AB 2728, as amended, Perea. Vehicle weight fees: transportation
bond debt service.
Existing law imposes weight fees on the registration of commercial
motor vehicles and provides for the deposit of net weight fee revenues
into the State Highway Account. Existing law provides for the transfer
of certain weight fee revenues from the State Highway Account to the
Transportation Debt Service Fund to reimburse the General Fund for
payment of debt service on general obligation bonds issued for
transportation purposes. Existing law also provides for the transfer of
certain weight fee revenues to the Transportation Bond Direct Payment
Account for direct payment of debt service on designated bonds, which
are defined to be certain transportation general obligation bonds issued
pursuant to Proposition 1B of 2006. Existing law also provides for loans
of weight fee revenue revenues to the General Fund to the extent the
revenues are not needed for bond debt service purposes, with the loans
to be repaid when the revenues are later needed for those purposes, as
specified.
97
This bill, notwithstanding these provisions or any other law, until
January 1, 2019, would prohibit weight fee revenue revenues from being
transferred from the State Highway Account to the Transportation Debt
Service Fund or to, the Transportation Bond Direct Payment Account,
or any other fund or account for the purpose of payment of the debt
service on transportation general obligation bonds, and would also
prohibit loans of weight fee revenue revenues to the General Fund.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 9400.5 is added to the Vehicle Code, to
line 2 read:
line 3 9400.5. (a) Notwithstanding Sections 9400.1, 9400.4, and
line 4 42205 of this code, Sections 16773 and 16965 of the Government
line 5 Code, Section 2103 of the Streets and Highways Code, or any
line 6 other law, weight fee revenue revenues shall not be transferred
line 7 from the State Highway Account to the Transportation Debt
line 8 Service Fund or to Fund, the Transportation Bond Direct Payment
line 9 Account, or any other fund or account for the purpose of payment
line 10 of the debt service on transportation general obligation bonds, and
line 11 shall not be loaned to the General Fund.
line 12 (b) This section shall remain in effect only until January 1, 2019,
line 13 and as of that date is repealed, unless a later enacted statute, that
line 14 is enacted before January 1, 2019, deletes or extends that date.
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97
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california legislature—2013–14 regular session
ASSEMBLY BILL No. 2651
Introduced by Assembly Member Linder
(Coauthors: Assembly Members Allen, Bigelow, Conway, Beth
Gaines, Gorell, Hagman, Harkey, Jones, Melendez, Olsen,
Patterson, Wagner, and Wilk)
February 21, 2014
An act to add Section 9400.5 to the Vehicle Code, relating to
transportation.
legislative counsel’s digest
AB 2651, as introduced, Linder. Vehicle weight fees: transportation
bond debt service.
Existing law imposes weight fees on the registration of commercial
motor vehicles and provides for the deposit of net weight fee revenues
into the State Highway Account. Existing law provides for the transfer
of certain weight fee revenues from the State Highway Account to the
Transportation Debt Service Account to reimburse the General Fund
for payment of debt service on general obligation bonds issued for
transportation purposes. Existing law also provides for the transfer of
certain weight fee revenues to the Transportation Bond Direct Payment
Account for direct payment of debt service on designated bonds, which
are defined to be certain transportation general obligation bonds issued
pursuant to Proposition 1B of 2006.
This bill, notwithstanding these provisions or any other law, effective
January 1, 2016, would prohibit weight fee revenue from being
transferred from the State Highway Account to the Transportation Debt
Service Fund or to the Transportation Bond Direct Payment Account,
99
and from being used to pay the debt service on transportation general
obligation bonds.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 9400.5 is added to the Vehicle Code, to
line 2 read:
line 3 9400.5. (a) Notwithstanding Sections 9400.1, 9400.4, and
line 4 42205 of this code, Sections 16773 and 16965 of the Government
line 5 Code, Section 2103 of the Streets and Highways Code, or any
line 6 other law, weight fee revenue shall not be transferred from the
line 7 State Highway Account to the Transportation Debt Service Fund
line 8 or to the Transportation Bond Direct Payment Account, and shall
line 9 not be used to pay the debt service on transportation general
line 10 obligation bonds.
line 11 (b) This section shall become operative on January 1, 2016.
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