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Home My WebLink AboutCM Supporting LegislationCITY 0 F�41t Agenda Item No: 12 Meeting Date: November 16, 2009 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: City Manager r Prepared by: Terri Hardesty City Manager Approval:, J SUBJECT: Resolution in Support of an Initiative to Protect Local Funding for Public Safety, Emergency Response, Road Improvements and Public Transit RECOMMENDATION: Adopt Resolution in support of an initiative ballot measure called "the Local Taxpayer, Public Safety and Transportation Act" filed by a coalition, including the League of California Cities, of local government, transportation and public transit leaders. BACKGROUND: The initiative ballot measure was filed with the Attorney General's Office on October 20, 2009. The measure would close loopholes and prevent the State from borrowing, raiding or otherwise redirecting local government, transportation and public transit funds. Two similar versions of the measure have been filed. If the group decides to proceed to qualify one of the two initiatives via signature -gathering, it would appear on California's November 2010 Ballot. Attachments Short Version of the Initiative Long Version of the Initiative Resolution FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: _ SECTION 1. Title. This act shall be known and may be cited as the "local Taxpayer, Public Safety, and Transportation Protection Ad of 2010." SECTION 2. Findings and Declarations. The people of the State of California find and declare that: (a) In order to maintain local control over local taxpayer funds and protect vital services like local fire protection and 9-1-1 emergency response, law enforcement, emergency room care, public transit, and transportation improvements, California voters have repeatedly and overwhelmingly voted to restrict state politicians in Sacramento from taking revenues dedicated to funding local government services and dedicated to funding transportation improvement projects and services. (b) By taking these actions, voters have acknowledged the critical importance of preventing State raids of revenues dedicated to funding vital local government services and transportation improvement projects and services. (c) Despite the fact that voters have repeatedly passed measures to prevent the State from taking these revenues dedicated to funding local government services and transportation improvement projects and services, state politicians in Sacramento have seized and borrowed billions of dollars in local government and transportation funds. (d) in recent years, state politicians in Sacramento have specifically: (1) Borrowed billions of dollars in local property tax revenues that would otherwise be used to fund local police, fire and paramedic response and other vital local services; (2) Sought to take and borrow billions of dollars in gas tax revenues that voters have dedicated to on-going transportation projects and tried to use them for non -transportation purposes; (3) Taken local community redevelopment funds on numerous occasions and used them for unrelated purposes; (4) Taken billions of dollars from local public transit like bus, shuttle, light-rail and regional commuter rail, and used these funds for unrelated state purposes. (e) The continued raiding and borrowing of revenues dedicated to funding local government services and dedicated to funding transportation improvement projects and services can cause severe consequences, such as layoffs of police, fire and paramedic first responders, fire station closures, healthcare cutbacks, delays in road safety improvements, public transit fare increases and cutbacks in public transit services. (f) State politicians in Sacramento have continued to ignore the will of the voters, and current law provides no penalties when state politicians take or borrow these dedicated funds. (g) It is hereby resolved, that with approval of this ballot initiative, state politicians in Sacramento shall be prohibited from seizing, diverting, shifting, borrowing, transferring, suspending or otherwise taking or interfering with tax revenues dedicated to funding local government services or dedicated to transportation improvement projects and services. SECTION 3. Statement of Purpose. The purpose of this measure is to conclusively and completely prohibit state politicians in Sacramento from seizing, diverting, shifting, borrowing, transferring, suspending, or otherwise taking or interfering with revenues that are dedicated to funding services provided by local government or funds dedicated to transportation improvement projects and services. SECTION 4. Article XVII is added to the California Constitution, to read: SECTION 1. The Legislature may not reallocate, transfer, borrow, appropriate, restrict the use of, or otherwise use the proceeds of any tax imposed or levied by a local government solely for the local governments purposes. SEC. 2. On and after the effective date of the measure adding this article, and notwithstanding subparagraphs (8) and (C) of paragraph (1) of subdivision (a) of Section 25.5 of Article XIII of this Constitution or any other law, the Legislature may not suspend subparagraph (A) of paragraph (1) of subdivision (a) of Section 25.5 of Article XIII. The Legislature may not change the pro rata shares in which ad valorem property taxes are allocated among local agencies to transfer property taxes to a local government when the Legislature or any state agency mandates a new program or higher level of service on that local government. SEC. 3. On and after the effective date of the measure adding this article, and notwithstanding Section 15 of Article XI of this Constitution or any other law, the Legislature may not change the allocation of revenues described in Section 15 of Article XI to reimburse a city, county, or city and county when the Legislature or any state agency mandates a new program or higher level of service on that city, county, or city and county. SEC. 4. On and after the effective date of the measure adding this article, and notwithstanding Article XIX of this Constitution or any other law: (a) Revenues from taxes imposed by the State on motor vehicle fuels for use in motor vehicles upon public streets and highways, over and above the costs of collection and any refunds authorized by law, shall be deposited into the Highway Users Tax Account (Section 2100 of the Streets and Highways Code) or its successor, which is hereby declared to be a trust fund, and shall be used solely for the purposes identified in subdivisions (a) and (b) of Section 1 of Article XIX. (b) The Legislature may, by a two-thirds vote of the membership in each house, modify the statutory allocations in effect on June 30, 2009 only in accordance with the procedures specified in Section 3 of Article XIX. Any bill modifying the statutory allocations in effect on June 30, 2009 must remain in its final form for at least 12 days prior to passage in either house of the Legislature. (c) Revenues from taxes described in subdivision (a) allocated to cities, counties, and areas of the State may be used solely by the entity to which they are allocated, and solely for the purposes described in Sections 1 and 4 of Article XIX; and Section 5 of Article XIX subject to the requirements of subdivision (e). The Legislature may not take any action that permanently or temporarily borrows, diverts, appropriates for unrelated purposes, or delays, defers, suspends, or otherwise interrupts the payment, allocation, distribution, disbursal, or transfer of revenues from taxes described in subdivision (a) to cities, counties, and areas of the State pursuant to the procedures in effect on June 30, 2009. (d) If the Legislature reduces or repeals the taxes described in subdivision (a) and adopts an alternative source of revenue to replace the moneys derived from those taxes, the replacement revenue shall be deposited and allocated in the same manner, and dedicated to the same purposes, as the revenues being replaced. (e)(1) Revenues allocated to any city or county pursuant to Section 3 of Article XIX for the purposes specified In subdivision (a) of Section 1 of Article XIX shall not be used by the State for any purpose, including, but not limited to, payment of principal and interest on voter - approved bonds issued by the State. Up to 25 percent of the revenues allocated to any city or county pursuant to Section 3 of Article XIX for the purposes specified in subdivision (a) of Section 1 of Article XIX may be used by any city or county for the payment of principal and interest on voter -approved bonds issued by that city or county for such purposes. (2) Up to 25 percent of the revenues allocated to the State pursuant to Section 3 of Article XIX for the purposes specified in subdivision (a) of Section 1 of Article XIX may be pledged or used by the State, upon approval of the voters and appropriation by the Legislature, for the payment of principal and interest on voter -approved bonds issued by the State for such purposes on or after November 2, 2010. SEC. 5. On and after the effective date of the measure addingthis article, and notwithstanding Section 1 of Article XIX A of this Constitution or any other law: (a) All of the following shall be deposited no less than quarterly into the Public Transportation Account (Section 99310 of the Public Utilities Code), or its successor, which is hereby declared to be a trust fund: (1) All revenues specified in paragraphs (1) through (3), inclusive, of subdivision (a) of Section 7102 of the Revenue and Taxation Code, as that section read on June 1, 2001. (2) All moneys in the Transportation Investment Fund that are allocated for public transit and mass transportation pursuant to paragraph (A) of subdivision (c) of Section 1 of Article XIX B. (b) Funds in the Public Transportation Account may only be used for transportation planning and mass transportation purposes. The legislature may not take any action that permanently or temporarily borrows, diverts, appropriates for unrelated purposes, or delays, defers, suspends, or otherwise interrupts the quarterly deposit of the funds specified in subdivision (a) into the Public Transportation Account. Funds in the Public Transportation Account may not be loaned or otherwise transferred to the General Fund or any other fund or account in the State Treasury. (c) For the purposes of subparagraph (A) of paragraph (1) of subdivision (e), "transportation planning" means only the purposes described in subdivisions (c) through (f), inclusive, of Section 99315 of the Public Utilities Code, as that section read on July 30, 2009. (d) For the purposes of this article and Article XIX 8, "mass transportation," 'public transit," and "mass transit' have the same meaning as "public transportation." "Public transportation" means: (1)(A) Surface transportation service provided to the general public, complementary paratransit service provided to persons with disabilities as required by 42 U.S.C. 12143, or similar transportation provided to people with disabilities or the elderly; (B) operated by bus, rail, ferry, or other conveyance on a fixed route, demand response, or otherwise regularly available basis; (C) generally for which a fare is charged; and (D) provided by any transit district, Included transit district, municipal operator, included municipal operator, eligible municipal operator, or transit development board, as those terms were defined in Article 1 of Chapter 4 of Part it of Division 10 of the Public Utilities Code on January 1, 2009, a joint powers authority formed to provide mass transportation services, an agency described in subdivision (f) of Section 15975 of the Government Code, as that section read on January 1, 2009, any recipient of funds under Sections 99260, 99260.7, 99275, or subdivision (c) of Section 99400 of the Public Utilities Code, as those sections read on January 1, 2009, or a consolidated agency as defined in Section 132353.1 of the Public Utilities Code, as that section read on January 1, 2009. (2) Surface transportation service provided by the Department of Transportation pursuant to subdivision (a) of Section 99315 of the Public Utilities Code, as that section read on July 30, 2009. (3) Public transit capital improvement projects, including those identified in subdivision (b) of Section 99315 of the Public Utilities Code, as that section read on July 30, 2009. (e)(1) Revenues deposited into the Public Transportation Account pursuant to paragraph (1) of subdivision (a) are hereby continuously appropriated to the Controller without regard to fiscal years for allocation as follows: (A) Fifty percent pursuant to subdivisions (a) through (f), inclusive, of Section 99315 of the Public Utilities Code, as that section read on July 30, 2009. (B) Twenty-five percent pursuant to subdivision (b) of Section 99312 of the Public Utilities Code, as that section read on July 30, 2009. (C) Twenty-five percent pursuant to subdivision (c) of Section 99312 of the Public Utilities Code, as that section read on July 30, 2009. (2) Revenues deposited into the Public Transportation Account pursuant to paragraph (2) of subdivision (a) are hereby continuously appropriated to the Controller without regard to fiscal years for allocation as follows; (A) Twenty-five percent pursuant to subdivision (b) of Section 99312 of the Public Utilities Code, as that section read on July 30, 2009. (B) Twenty-five percent pursuant to subdivision (c) of Section 99312 of the Public Utilities Code, as that section read on July 30, 2009. (C) Fifty percent for the purposes of subdivisions (a) and (b) of Section 99315 of the Public Utilities Code, as that section read on July 30, 2009. SEC. 6. On and after the effective date of the measure adding this article, and notwithstanding any other provision of this Constitution or any other law, the percentage of the tax imposed pursuant to Section 7202 of the Revenue and Taxation Code allocated to local transportation funds shall not be reduced below the percentage that was transmitted to such funds during the 2008 calendar year. Revenues allocated to local transportation funds shall be transmitted in accordance with Section 7204 of the Revenue and Taxation Code and deposited into local transportation funds in accordance with Section 29530 of the Government Code, as those sections read on June 30, 2009. SEC. 7. (a) On and after the effective date of the measure adding this article, and notwithstanding subdivision (d) of Section 1 of Article XIX B of this Constitution or any other law, all revenues that are collected during the fiscal year from taxes under the Sales and Use Tax Law, or any successor to that law, upon the sale, storage, use, or other consumption In this State of motor vehicle fuel, as defined in Section 7326 of the Revenue and Taxation Code on June 30, 2009, shall be deposited quarterly into the Transportation Investment Fund (subdivision (a) of Section 7104 of the Revenue and Taxation Code) or its successor, which is hereby declared to be a trust fund. The Legislature may not take any action that permanently or temporarily borrows, diverts, appropriates for unrelated purposes, or delays, defers, suspends, or otherwise interrupts the quarterly deposit of these funds into the Transportation Investment Fund. Funds in the Transportation Investment Fund may not be loaned or otherwise transferred to the General Fund or any other fund or account in the State Treasury. (b) (1) If the Legislature reduces or repeals the taxes described in subdivision (a) and adopts an alternative source of revenue to replace the moneys derived from those taxes, the replacement revenue shall be deposited and allocated in the same manner, and dedicated to the same purposes, as the revenues being replaced. (2) In addition to the requirements contained in subdivision (e) of Section 1 of Article XIX B, any bill modifying the percentage shares set forth in subdivision (c) of Section 1 of Article XIX B must remain in its final form for at least 12 days prior to passage in either house of the Legislature. SEC. 8. (a) The Legislature may not require a community redevelopment agency (1) to pay, remit, loan or otherwise transfer, directly or indirectly, taxes on ad valorem real property and tangible personal property allocated to the agency pursuant to Section 16 of Article XVI to or for the benefit of the State, any agency of the State, or any jurisdiction; or (2) to use, restrict, or assign a particular purpose for such taxes for the benefit of the State, any agency of the State, or any jurisdiction, other than (A) for making payments to affected taxing agencies pursuant to Sections 33607.5 and 33607.7 of Health and Safety Code or similar statutes requiring such payments, as those statutes read on January 1, 2008; or (B) for the purpose of increasing, improving, and preserving the supply of low and moderate income housing available at affordable housing cost. (b) "Jurisdiction" has the meaning specified in Section 95 of the Revenue and Taxation Code, as that section read on July 1, 2009. SEC. 9. (a) If any challenge to invalidate an action that violates Sections 4 through 8, inclusive, of this article is successful either by way of a final judgment, settlement, or resolution by administrative or legislative action, there is hereby continuously appropriated from the General Fund to the Controller, without regard to fiscal years, that amount of revenue necessary to restore the fund or account from which the revenues were unlawfully taken or diverted to its financial status had the unlawful action not been taken. (b) If any challenge to invalidate an action that violates Sections 1 through 3, inclusive, of this article is successful either by way of a final judgment, settlement, or resolution by administrative or legislative action, there is hereby continuously appropriated from the General Fund to the local government an amount of revenue equal to the amount of revenue unlawfully taken or diverted. (c) Interest calculated at the Pooled Money Investment Fund rate from the date or dates the revenues were unlawfully taken or diverted shall accrue to the amounts required to be restored pursuant to this section. Within thirty days from the date a challenge is successful, the Controller shall make the transfer required by the continuous appropriation and issue a notice to the parties that the transfer has been completed. (d) If in any challenge brought pursuant to this section a restraining order or preliminary injunction is issued, the plaintiffs or petitioners shall not be required to post a bond obligating the plaintiffs or petitioners to indemnify the government defendants or the State of California for any damage the restraining order or preliminary injunction may cause. SECTION 5. Section 16 of Article XVI of the Constitution requires that a specified portion of the taxes levied upon the taxable property in a redevelopment project each year be allocated to the redevelopment agency to repay indebtedness incurred for the purpose of eliminating blight within the redevelopment project area. Section 16 of Article XVI prohibits the Legislature from reallocating some or all of that specified portion of the taxes to the State, an agency of the State, or any other taxing jurisdiction, instead of to the redevelopment agency. The Legislature has been illegally circumventing Section 16 of Article XVI in recent years by requiring redevelopment agencies to transfer a portion of those taxes for purposes other than the financing of redevelopment projects. A purpose of the amendments made bythis measure is to prohibit the Legislature from requiring, after the taxes have been allocated to a redevelopment agency, that the redevelopment agency transfer some or all of those taxes to the State, an agency of the State, or a jurisdiction; or use some or all of those taxes for the benefit of the State, an agency of the State, or a jurisdiction. SECTION 6. Continuous Appropriations. The continuous appropriations provided for in this Act are intended to be "appropriations made by law" within the meaning of Section 7 of Article XVI of the California Constitution. SECTION 7. Liberal Construction. The provisions of this Act shall be liberally construed in order to effectuate its purposes. SECTION S. Conflicting Statutes. Any statute enacted between October 21, 2009 and the effective date of this measure, that would have been prohibited if this measure were in effect on the date the statute was enacted, is hereby repealed. SECTION 9. Conflicting Ballot Measures. In the event that this measure and another measure or measures relating to the direction or redirection of revenues dedicated to funding services provided by local governments and/or transportation projects or services appear on the same statewide election ballot, the provisions of the other measure or measures shall be deemed to be in conflict with this measure. In the event that this measure shall receive a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions of the other measure or measures shall be null and void. SECTION 10. Severability. It is the intent of the People that the provisions of this Act are severable and that if any provision of this Act, or the application thereof to any person or circumstance, is held invalid such invalidity shall not affect any other provision or application of this Act which can be given effect without the invalid provision or application. 8 Y .Os -0083 Amdt.ANS Section One. Title. This act shall be known and may be cited as the "Local Taxpayer, Public Safety, and Transportation Protection Act of 2010." Section Two. Findings and Declarations. The people of the State of California find and declare that; (a) In order to maintain local control over local taxpayer funds and protect vital services like local fire protection and 94-1 emergency response, law enforcement, emergency room care, public transit, and transportation improvements, California voters have repeatedly and overwhelmingly voted to restrict state politicians in Sacramento from taking revenues dedicated to funding local government services and dedicated to funding transportation Improvement projects and services. (b) By taking these actions, voters have acknowledged the critical importance of preventing State raids of revenues dedicated to funding vital local government services and transportation improvement projects and services. (c) Despite the fact that voters have repeatedly passed measures to prevent the State from taking these revenues dedicated to funding local government services and transportation improvement projects and services, state politicians in, Sacramento have seized and borrowed billions of dollars In local government and transportation funds. (d) In recent years, state politicians in Sacramento have specifically; (1) Borrowed billions of dollars in local property tax revenues that would otherwise be used to fund local police, fire and paramedic response and other vital local services; (2) Sought to take and borrow billions of dollars In gas tax revenues that voters have dedicated to on-going transportation projects and tried to use them for non -transportation purposes; (3) Taken local community redevelopment funds on numerous occasions and used them for unrelated purposes; (4) Taken billions of dollars from local public transit like bus, shuttle, light-rail and regional commuter rail, and used these funds for unrelated state purposes. (e) The continued raiding and borrowing of revenues dedicated to funding local government services and dedicated to funding transportation Improvement projects can cause severe consequences, such as layoffs of police, fire and paramedic first responders, fire station closures, healthcare cutbacks, delays in road safety improvements, public transit fare increases and cutbacks in public transit services. (f) State politicians in Sacramento have continued to ignore the will of the voters, and current law provides no penalties when state politicians take or borrow these dedicated funds. (g) It is hereby resolved, that with approval of this ballot initiative, state politicians in Sacramento shall be prohibited from seizing, diverting, shifting, borrowing, transferring, suspending or otherwise taking or interfering with tax revenues dedicated to funding local government services or dedicated to transportation improvement projects and services. Section Two and One -Half. Statement of Purpose. The purpose of this measure is to conclusively and completely prohibit state politicians in Sacramento from seizing, diverting, shifting, borrowing, transferring, suspending or otherwise taking or Interfering with revenues that are dedicated to funding services provided by local government or funds dedicated to transportation improvement projects and services. Section Three. Section 24 of Article XIII of the California Constitution is hereby amended to read as follows: kLThe Legislature may not impose taxes for local purposes but may authorize local governments to impose them. (b) The Legislature may not reallocate transfer, borrow, appropriate restrict the use of or otherwise use the proceeds of any tax imposed or levied by a local government solely for the local government's Purposes. (ccl Money appropriated from state funds to a local government for its local purposes may be used as provided by law. IM Money subvened to a local government under Section 25 may be used for state or local purposes. Section Four. Section 2S.S of Article XIII of the California Constitution is hereby amended to read as follows: SEC. 25.5. (a) On or after November 3, 2004, the Legislature shall not enact a statute to do any of the following: (1) (A) Except as otherwise provided in subparagraph (B), modify the manner in which ad valorem property tax revenues are allocated in accordance with subdivision (a) of Section 1 of Article XIII Aso as to reduce for any fiscal year the percentage of the total amount of ad valorem property tax revenues in a county that is allocated among all of the local agencies in that county below the percentage of the total amount of those revenues that would be allocated among those agencies for the same fiscal year under the statutes in effect on November 3, 2004. For purposes of this subparagraph, "percentage" does not include any property tax revenues referenced in paragraph (2). (B) RegiAning with the 2008 09 In the 2009-10 fiscal year only, and except as otherwise provided In subparagraph (G), subparagraph (A) may be suspended for a that fiscal year if all of the following conditions are met: (i) The Governor issues a proclamation that declares that, due to a severe state fiscal hardship, the suspension of subparagraph (A) is necessary. (11) The Legislature enacts an urgency statute, pursuant to a bill passed in each house of the Legislature by rollcall vote entered in the journal, two-thirds of the membership concurring, that contains a suspension of subparagraph (A) for that fiscal year and does not contain any other provision. (III) No later than the effective date of the statute described in clause (ii), a statute is enacted that provides for the full repayment to local agencies of the total amount of revenue losses, including interest as provided by law, resulting from the modification of ad valorem property tax revenue allocations to local agencies. This full repayment shall be made not later than the end of the third fiscal year immediately following the fiscal year to which the modification applies. 3 the R.Pypnua and T;iifatlei; Gods, as that seGOOR Fead OR Nevembei; il, 2OG4, has not been paid 3 4iµ),(1 A suspension of subparagraph (A) shall not result in a total ad valorem property tax revenue loss to all local agencies within a county that exceeds 8 percent of the total amount of ad valorem property tax revenues that were allocated among all local agencies within that county for the fiscal year immediately preceding the fiscal year for which subparagraph (A) is suspended. (2)(A) Except as otherwise provided in subparagraphs (B) and (C), restrict the authority of a city, county, or city and county to impose a tax rate under, or change the method of distributing revenues derived under, the Bradley -Burns Uniform Local Sales and Use Tax Law set forth in Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code, as that law read on November 3, 2004. The restriction imposed by this subparagraph also applies to the entitlement of a city, county, or city and county to the change in tax rate resulting from the end of the revenue exchange period, as defined in Section 7203.1 of the Revenue and Taxation Code as that section read on November 3, 2004. (B) The Legislature may change by statute the method of distributing the revenues derived under a use tax imposed pursuant to the Bradley -Burns Uniform Local Sales and Use Tax Law to allow the State to participate in an Interstate compact or to comply with federal law. (C) The Legislature may authorize by statute two or more specifically identified local agencies within a county, with the approval of the governing body of each of those agencies, to enter into a contract to exchange allocations of ad valorem property tax revenues for revenues derived from a tax rate Imposed under the Bradley -Bums Uniform Local Sales and Use Tax Law. The exchange underthis subparagraph of revenues derived from a tax rate imposed underthat law shall not require voter approval for the continued imposition of any portion of an existing tax rate from which those revenues are derived. (3) Except as otherwise provided in subparagraph (C) of paragraph (2), change for any fiscal year the pro rata shares in which ad valorem property tax revenues are allocated among local agencies in a county other than pursuant to a bill passed in each house of the Legislature by roll call vote entered in the journal, two-thirds of the membership concurring. The Legislature shall not change the aro rata shares of ad valorem Property tax pursuant to this Paragraph. nor change the allocation of the revenues described In Section 15 of Article XI to reimburse a local government when the Legislature or any state agency mandates a new program or higher level of service on that local government. (4) Extend beyond the revenue exchange period, as defined in Section 7203.1 of the Revenue and Taxation Code as that section read on November 3, 2004, the suspension of the authority, set forth in that section on that date, of a city, county, or city and county to impose a sales and use tax rate under the Bradley -Burns Uniform Local Sales and Use Tax Law. (5) Reduce, during any period in which the rate authority suspension described in paragraph (4) is operative, the payments to a city, county, or city and county that are required by Section 97.68 of the Revenue and Taxation Code, as that section read on November 3, 2004. (6) Restrict the authority of a local entity to Impose a transactions and use tax rate in accordance with the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code), or change the method for distributing revenues derived under a transaction and use tax rate imposed under that law, as it read on November 3, 2004. (7) Require a community redevelopment agency IA) to Pay, remit, loan or otherwise transfer directly or Indirectly, taxes on ad valorem real property and tangible personal orooertv allocated to the aggncypursuant to Section 16 of Article XVI to or for the benefit of the State, any agency of the State. or any iurisdiction: or (B) to use, restrict, or assign a particular purpose for such taxes for the benefit of the State, any agency of the State, or any jurisdiction, other than (i) for making oavments to affected taxing agencies Pursuant to Sections 33607,5 and 33607.7 of Health and Safety Code or similar statutes requiring such oavments, as those statutes read on January 1.2008: or 00 for the purpose of increasing, improving. and Preservine the supply of low and moderate income housing available at affordable housing cost. (b) For purposes of this section, the following definitions apply: (1) "Ad valorem property tax revenues" means all revenues derived from the tax collected by a county under subdivision (a) of Section 1 of Article XIII A, regardless of any of this revenue being otherwise classified by statute. (2) "Local agency' has the same meaning as specified in Section 95 of the Revenue and Taxation Code as that section read on November 3, 2004. (3) "Jurisdiction" has the same meaning as specified In Section 95 of the Revenue and Taxation Code as that section read on November 3. 2004, Section Five. Article XIX of the California Constitution Is hereby amended to read as follows: SECTION 1. The Legislature shall not borrow revenue from the Highway Users Tax Account or its successor and shall not use these revenues for ourooses, or in ways, other than those specifically Permitted by this article. SEC. 2. Revenues from taxes imposed by the State on motor vehicle fuels for use in motor vehicles upon public streets and highways, over and above the costs of collection and any refunds authorized by law, shall be deposited into the Highway Users Tax Account (Section 2100 of the Streets and Highways Code)or its successor, which is hereby declared to be a trust �i fund. and shall be allocated monthly in accordance with Section 4. and shall used solely for the following purposes: (a) 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) The research, planning, 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. S€6r2. SEC. 3. Revenues from fees and taxes imposed by the State upon vehicles or their use or operation, over and above the costs of collection and any refunds authorized by law, shall be used for the following purposes: (a) The state administration and enforcement of laws regulating the use, operation, or registration of vehicles used upon the public streets and highways of this State, including the enforcement of traffic and vehicle laws by state agencies and the mitigation of the environmental effects of motor vehicle operation due to air and sound emissions. (b) The purposes specified in Section -12 of this article. SEC, 3. SEC. 4. (a) Except as provided in subdivision (b),:theLegislature shallAreWde statutory allesatien formulas in effect on June 30, 2009 which allocate the revenues described in Section 2 to few cities, counties, and areas of the State shall remain in effect. (b) The Legislature shall not modify the statutory allocations in effect on June 30, 2009 unless and until both of the following have occurred: L114 The Legislature determines in accordance with this subdivision that another basis for an equitable, geographical, and Jurisdictional distribution ext . Any future statutory revisions shall (A) provide for the allocation of these revenues, together with other similar revenues, in a manner which gives equal consideration to the transportation needs of all areas of the State and all segments of the population; and B e consistent with the orderly achievement of the adopted local, regional, and statewide goals for ground transportation in local general plans, regional transportation plans, and the California Transportation Plana (2) The process described_ in subdivision (c) has been completed. (c)The Legislature shall not mod)fy the statutory allocation pursuant to subdivision (b) until all of the following have occurred: (1) The California Transportation Commission has held no less than four public hearings in different parts of the State to receive public input about the local and regional goals for around transportation in that part of the State; (2) The California Transportation Commission has published a report describing the input received at the public hearings and how the modification to the statutory allocation is consistent with the orderly achievement of local, regional, and statewide goals for ground transportation in local general plans, reaional transportation plans, and the California Transportation Plan: and (3) Ninety days have passed since the publication of the report by the California Transportation Commission. (d) A statute enacted by the Legislature modifying the statutory allocations must be by a bill passed in each house of the Legislature by roll call vote entered in the iournai, two-thirds of the membership concurring, provided that the bill does not contain any other unrelated provision. (e) The revenues allocated by statute to cities, counties, and areas of the State pursuant to this article may be used solely by the entity to which they are allocated, and solely for the purposes described in Sections 2, 5, or 6 of this article. (f) The Legislature may not take any action which permanently or temporarily does any of the following: (1) changes the status of the Niahwav Users Tax Account as a trust fund; (2) borrows, diverts, or appropriates these revenues for purposes other than those described in subdivision (e); or (3) delays, defers, suspends, or otherwise interrupts the payment, allocation. distribution, disbursal, or transfer of revenues from taxes described in Section 2 to cities, counties, and areas of the State pursuant to the procedures In effect on June 30, 2009. SEG. 4. SEC, S. Revenues allocated pursuant to Section & 4 may not be expended for the purposes specified in subdivision (b) of Section 4 2, except for research and planning, until such use is approved by a majority of the votes cast on the proposition authorizing such use of 7 such revenues In an election held throughout the county or counties, or a specified area of a county or counties, within which the revenues are to be expended. The Legislature may authorize the revenues approved for allocation or expenditure under this section to be pledged or used forthe payment of principal and interest on voter -approved bonds issued for the purposes specified in subdivision (b) of Section.11. SCS 6. SEC. 6. ll Uap to 25 percent of the revenues available fGF expenditwm by MY Sky OF eGWR by-t4e Stater allocated to the State pursuant to Section 4 for the purposes specified in subdivision (a) of Section .12 of this article may be pledged or used by the State, upon approval by the voters and appropriation by the Legislature, for the payment of principal and Interest on voter -approved bonds for such purposes issued by the State on and after November 2. 2010 W Well purPeses. (b) Up to 25 percent of the revenues allocated to any city or county pursuant to Section 4 for the purposes specified in subdivision (a) of Section 2 of this article may be pledged or used only by any city or county for the payment of principal and interest on voter -approved bonds issued by that city or county for such ourposes. (a) That any aFRount leaned is te be Fepald in full to the fund ff eFA whirph It A. as be delayed unfil a date net Fnare thaR 20 days afleF the date of ennetment of the b udget bill fGF the subsequent fiseal year-. (b) That any amewnt loaned is to be Fepaid in full te the fi-md- &em which it was (I) The GOWFSOF has ffec4almed a state of eFneFgeRey and declaFes that the (2) The aggFegate aFneum of Ggnmral r' -Rd raven, cies JOF the curfent fiscal yea F� as the Gh3Rge In the sest of A -ARS and the rhange In pepula4len, as speeMed In the budget 8 SEC. 7. If the Legislature reduces or repeals the taxes described in Section 2 and adopts an alternative source of revenue to replace the moneys derived from those taxes, the replacement revenue shall be deposited into the Highway Users Tax Account, dedicated to the purposes listed in Section 2. and allocated to cities, counties, and areas of the State pursuant to Section 4. AA other provisions of this article shall applyto any revenues adopted_ythe Legislature to replace the moneys derived from the taxes described In Section 2. SEG. 7. SEC. 8. This article shall not affect or apply to fees or taxes Imposed pursuant to the Sales and Use Tax Law or the Vehicle License Fee Law, and all amendments and additions now or hereafter made to such statutes. SEC. 9 SEC. 9. Notwithstanding Sections Sand 2 and 3 of this article, any real property acquired by the expenditure of the designated tax revenues by an entity other than the State for the purposes authorized in those sections, but no longer required for such purposes, may be used for local public park and recreational purposes. SEG -9. SEC.10. Notwithstanding any other provision of this Constitution, the Legislature, by statute, with respect to surplus state property acquired by the expenditure of tax revenues designated in Sections 4 and 2 and 3 and located in the coastal zone, may authorize the transfer of such property, for a consideration at least equal to the acquisition cost paid by the eState to acquire the property, to the Department of Parks and Recreation for state park purposes, or to the Department of Fish and Game for the protection and preservation of fish and wildlife habitat, or to the Wildlife Conservation Board for purposes of the Wildlife Conservation Law of 1947, or to the State Coastal Conservancy for the preservation of agricultural lands. As used in this section, "coastal zone" means "coastal zone" as defined by Section 30103 of the Public Resources Code as such zone is described on January 1, 1977. Section Six. Article XIX A of the California Constitution is hereby amended to read as follows: SECTION 1. (all The Legislature shall not borrow revenues from the Public Transportation Account, or any successor account, and shall not use these revenues for Purposes, or in ways. other than those specifically permitted by this article. M b� The fi-nds IA the Public Transportation Account In the State Transportation Fund, or any successor account, is a trust fund. The Legislature may not change the status of the Public Transportation Account as a trust fund. Funds in the Public Transportation Account may not be loaned or otherwise transferred to the General Fund or any other fund or account in the State Treasury. may be leaned to the GOROFal Rind only if one of the fallevving senditions is imposed: (c) All revenues specified in paragraphs (1) through (3), inclusive, of subdivision (a) of Section 7102 of the Revenue and Taxation Code, as that section read on June 1.2001--hall bg deposited no less than quarterly into the Public Transportation Account (Section 99310 of the Public Utilities Code), or Its successor. The Legislature may not take any action which temporarily or permanently diverts or appropriates these revenues for purposes other than those described In subdivision (d), or delays, defers, suspends, or otherwise interrupts the quarterly deposit of these funds into the Public Transportation Account. (d) Funds in the Public Transportation Account may only be used for transportation planning and mass transportati n purposes. The revenues described in subdivision (c) are hereby continuously appropriated to the Controller without regard to fiscal years for allocation as follows: (1) Fifty percent pursuant to subdivisions (a) through (f), inclusive, of Section 99315 of the Public Utilities Code, as that section read on July 30, 2009. (2) Twenty-five percent pursuant to subdivision (b) of Section 99312 of the Public UtllRies Code, as that section read on July 30, 2009, (3) Twenty-five percent pursuant to subdivision (c) of Section 99312 of the Public Utilities Code, as that section read on July 30, 2009. yeaF IR whieh the leari was made, emeep4 ;hat mpaymem may be delayed UAVI a date no% M8F then 30 days afteF the date of en.astment of ;he lowdest hill fQF As roubsequepA Aseal Vem, ASS81 VOOF. 10 (e) For purposes of paragraph (1) of subdivision (d), "transportation Planning" means onivthe purposes described in subdivisions (c) through M, inclusive, of Section 99315 of the Public Utilities Code, as that section read on July 30, 2009. (f) For purposes of this article. "mass transportation." "public transit." and "mass transit" have the same meaning as 'Public transportation." "Pubiictransportation" means: IVA) Surface transportation service provided to the general public, complementary Paratransit service provided to persons with disabilities as required by 42 U.S.C. 12143, or similar transportation provided to people with disabilities or the elderly: B) operated by bus, rail, ferry, or other conveyance on a fixed route, demand response, or otherwise regularly available basis, IC) generally for which a fare is charged: and iN provided by any transit district. Included transit district, municipal operator, Included municipal operator, eligible municioal operator, or transit development board, as those terms were defined in Article 1 of Chapter 4 of Part 11 of Division 10 of the Public Utilities Code on January 1, 2D09, a ioint powers authority formed to provide mass transportation services, an agency described In subdivision (f) of Section 15975 of the Government Code, as that section read on January 1. 2009, any recipient of funds under Sections 99260, 99260.7.99275. or subdivision (c) of Section 99400 of the Public Utilities Code, as those sections read on January 1, 2009, or a consolidated agency as defined in Section 132353,1 of the Public Utilities Code, as that section read on January 1, 2009. 12) Surface transportation service provided by the Department of Transportation Pursuant to subdivision (a) of Section 99315 of the Public Utilities Code, as that section read on July 30, 2009, (3) Public transit capital improvement projects, including those identified in subdivision Ib) of Section 99315 of the Public Utilities Code. as that section read on July 30, 2009. SEC. 2. (a) As used in this section, a "local transportation fund" is a fund created under Section 29530 of the Government Code, or any successor to that statute. (b) All local transportation funds are hereby designated trust funds. The Legislature may not change the status of local transportation funds as trust funds. (c) A local transportation fund that has been created pursuant to law may not be abolished. (d) Money in a local transportation fund shall be allocated only by the local government that created the fund, and oniy for the purposes authorized under Article 11 (commencing with Section 29530) of Chapter 2 of Division 3 of Title 3 of the Government Code and Chapter 4 (commencing with Section 99200) of Part 11 of Division 10 of the Public Utilities Code, as those provisions existed on October 1, 1997. Neither the county nor the Legislature 11 may authorize the expenditure of money Ina local transportation fund for purposes other than those specified in this subdivision. (e) This section constitutes the sole method of allocating. distributing, and using the revenues in a local transportation fund. The purposes described in subdivision (d) are the sole Purposes for which the revenues in a local transportation fund may be used. The Legislature may not enact a statute or take any other action which, permanently or temporarily, does any of the following: (2) Transfers, diverts, or appropriates the revenues in a local transportation fund for any other purpose than those described in subdivision (d): (,2) Authorizes the expenditures of the revenue in a local transportation fund for any other purpose than those described In subdivision (d): (3) Borrows or loans the revenues in a local transportation fund, regardless of whether these revenues remain in the Retail Sales Tax Fund in the State Treasury or are transferred to another fund or account. (fl The percentage of the tax imposed pursuant to section 7202 of the Revenue and Taxation Code allocated to local transportation funds shall not be reduced below the percentage that was transmitted to such funds during the 2008 calendar year. Revenues allocated to local transportation funds shall be transmitted in accordance with Section 7204 of the Revenue and Taxation Code and deposited Into local transportation funds in accordance with Section 29530 of the Government Code, as those sections read on June 30, 2009. Section Seven. Article XIX 0 of the California Constitution is hereby amended to read as follows: SECTION 1. The Legislature shall not borrow revenues from the Transportation investment Fund or its successor, and shall not use these revenues for purposes, or in ways, other than those specifically permitted by this article. SEC. 2. (a) For the 2003-04 fiscal year and each fiscal year thereafter, all weAeys revenues that are collected during the fiscal year from taxes under the Sales and Use Tax Law (Part 1(commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), or any successor to that law, upon the sate, storage, use, or other consumption in this State of motor vehicle fuel as defined for purposes of the Motor Vehicle Fuel License Tax La Part 2 (commencing with Section 7301) of Division 2 of the Revenue and Taxation Code). and 081 aFe shall be ..�,m, S deposited into the Transportation Investment Fund or its successor, which is hereby created in the State Treasury and which is hereby declared to be a trust fund. The Legislature may not change the status of the Transoortation Investment Fund as a trust fund. (b)(1) For the 2003-04 to 2007-08 fiscal years, inclusive, moneys in the Transportation Investment Fund shall be allocated, upon appropriation bythe Legislature, in accordance with Section 7104 of the Revenue and Taxation Code as that section read on March 6, 2002. (2) For the 2008-09 fiscal year and each fiscal year thereafter, moneys in the Transportation Investment Fund shall be allocated solely for the following purposes: (A) Public transit and mass transportation. Moneys appropriated for Public transit and mass transportation shall be allocated as follows: III Twenty-five percent Pursuant to subdivision,. (b) of Section 99312 of the Public Utilities Code, as that section read on July 30, 2009: ill) Twenty-five Percent pursuant to subdivision (c) of Section 99312 of the Public Utiilties Code, as that section read on July 30.2009: and (lii) Fifty percent for the purposes of subdivisions (a) and (b) of Section 99315 of the Public Utilities Code, as that section read on Julv 30, 2009. (B) Transportation capital improvement projects, subject to the laws governing the State Transportation Improvement Program, or any successor to that program. (C) Street and highway maintenance, rehabilitation, reconstruction, or storm damage repair conducted by cities, including a city and county. (D) Street and highway maintenance, rehabilitation, reconstruction, or storm damage repair conducted by counties, including a city and county. (c) Forthe 2008-o9 fiscal year and each fiscal year thereafter, moneys in the Transportation Investment Fund are hereby continuously appropriated to the Controller without regard to fiscal years, which shall be allocated , as follows: (A) Twenty percent of the moneys for the purposes set forth in subparagraph (A) of paragraph (2) of subdivision (b). (B) Forty percent of the moneys for the purposes set forth in subparagraph (B) of paragraph (2) of subdivision (b). (C) Twenty percent of the moneys for the purposes set forth in subparagraph (C) of paragraph (2) of subdivision (b). (D) Twenty percent of the moneys for the purposes set forth in subparagraph (D) of paragraph (2) of subdivision (b). 13 G -PROM -1 A. -Rd e4 the State tGOSTMRSIROARVOR 'WeSUASRt Fund puFsuamesubdivision (91 (B) 4he LeSISIAMFe enaets by statute, puFswan! to a Will passed In eash house Othe FGSU't of the suspension, including WeFest as pFeAded by law. This NO FePaymeRt shall be made ADS IMPIP thnR the OAd Ofth.0 WFFI fisral YeaF immediately following the fiscal yeaF 48 whish ttie suspeRsian applies, SUbdiVisden (_) Is ___P_..___. (e)IM The Legislature may not enact a statute that modifies the percentage shares set forth in subdivision (c) until ali of the following have occurred: (1) The California Transportation Commission has held no less than four public hearings in Oftrsnt parts of the State to receive public snout about the need for Public transit mass transportation transportation capital improvement prolects and street and highway maintenance (2) The California Transportation Commission has Published a report describing the Input received at the public hearings and how the modification to the statutory allocation is 14 consls-tenlwM the orderly achievement of local, regional and statewide goals for public transit, mass transportation, transportation capital improvements, and street and highway maintenance in a manner that is consistent with local general plans, regional transportation Plans, and the California Transportation Plan; (3) Ninety, days have Passed since the Publication of the report by the California Transportation Commission. (4) The statute enacted by the Legislature pursuant to this subdivision must be by a bill passed in each house of the Legislature by roll call vote entered in the ioumal, two-thirds of the membership concurring, provided that the bill does not contain any other unrelated provision and that the revenues described In subdivision (a) are expended solely for the purposes set forth in paragraph (2) of subdivision (b). 49 jg M An amount equivalent to the total amount of revenues that were not transferred from the General Fund of the State to the Transportation Investment Fund, as of July 1, 2007, because of a suspension of transfer of revenues pursuant to this section as it read on January 1, 2006, but excluding the amount to be paid to the Transportation Deferred Investment Fund pursuant to Section 63048.65 of the Government Code, shall be transferred from the General Fund to the Transportation investment Fund no later than June 30, 2016. Until this total amount has been transferred, the amount of transfer payments to be made in each fiscal year shall not be less than one-tenth of the total amount required to be transferred by June 30, 2016. The transferred revenues shall be allocated solely for the purposes set forth in this section as If they had been received in the absence of a suspension of transfer of revenues. (2) The Legislature may provide by statute for the issuance of bonds by the state or local agencies, as applicable, that are secured by the minimum transfer payments required by paragraph (1). Proceeds from the sale of those bonds shall be allocated solely for the purposes set forth in this section as if theywere revenues subject to allocation pursuant to paragraph (2) of subdivision (b). it) This section constitutes the sole method of allocating, distributing, and using the revenues described in subdivision (a). The purposes described in paragraph (2) of subdivision (b) are the sole Purposes for which the revenues described in subdivision (a) may be used. The Legislature may not enact a statute or take anv other action which, permanently or temporarily, does any of the followl (1) Transfers, diverts, or appropriates the revenues described in subdivision (a) for any other ourooses than those described in paragra h (2) of subdivision (b): 15 (2) Authorizes the expenditures of the revenues described In subdivision (a) for any other purposes than those described in paragraph (2) of subdivision (b) or: (3) Borrows or loans the revenues described In subdivision (a), regardless of whether these revenues remain in the Transportation investment Fund or are transferred to another fund or account such as the Public Transportation Account, a trust fund in the State Transportation Fund. Ig) For purposes of this article, "mass transportation." "oublictransit" and "mass transit" have the same meanings as "Public transportation." "Public transportation" means: (1)(A) Surface transportation service Provided, tQ the general public, complementary paratransit service provided to persons with disabilities as required by 42 U.S.C. 12143, or similar transportation provided to people with disabilities or the elderly: (B) operated by bus, rail ferry, r other conveyance on a fixed route, demand response, or otherwise regularly available basis: (C) generally for which a fare is charged: and (D) provided by any transit district, included transit district, municipal operator, included municipal operator, eligible municipal operator, or transit development board as those terms were defined in Article 1 of Chapter 4 of Part 11 of Division 10 of the Public Utilities Code on January 1, 2009, a joint Powers authority formed to provide mass transportation services an agency described in subdivision (f) of Section 15975 of the Government Code as that section read on January 1 2009 any recipient of funds under Sections 99260 99260.7, 99275, or subdivision (c) of Section 99400 of the Public Utilities Code as those sections read on January 1 2009 or a consolidated agency as defined in Section 132353.1 of the Public Utliities Code. as that section read on January 1, 2009. (2) Surface transportation service provided by the Department of Transportation pursuant to subdivision (a) of Section 99315 of the Public Utilities Code, as that section read on July 30, 2009. (3) Public transit capital improvement proiects, including those identified in_subdivision (b) of Section 99315 of the Public Utilities Code, as that section read on July 30, 2009. IN If the Legislature reduces or repeals the taxes described in subdivision (a) and adopts an alternative source of revenue to replace the moneys derived from those taxes, the replacement revenue shall be deposited into the Transportation Investment Fund, dedicated to the purposes Ilsted in paragraph (2) of subdivision (b) and allocated Pursuant to subdivision Ic). All other provisions of this article shall apply to any revenues adopted by the Legislature to replace the moneys derived from the taxes described in subdivision (a). Section Eight. Article XIX C is hereby added to the Constitution to read as follows: 16 SECTION 1. If any challenge to invalidate an action that violates Articles XIX, XIX A, or XIX B of the California Constitution is successful either by way of a final judgment, settlement, or resolution by administrative or legislative action, there is hereby continuously appropriated from the General Fund to the Controller, without regard to fiscal years, that amount of revenue necessary to restore the fund or account from which the revenues were unlawfullytaken or diverted to its financial status had the unlawful action not been taken. SEC. 2. If any challenge to invalidate an action that violates Section 24 or Section 25.5 of Article XIII of this Constitution is successful either by way of a final judgment, settlement, or resolution by administrative or legislative action, there is hereby continuously appropriated from the General Fund to the local government an amount of revenue equal to the amount of revenue unlawfully taken or diverted. SEC. 3. Interest calculated at the Pooled Money Investment Fund rate from the date or dates the revenues were unlawfully taken or diverted shall accrue to the amounts required to be restored pursuant to this section. Within thirty days from the date a challenge is successful, the Controller shall make the transfer required by the continuous appropriation and Issue a notice to the parties that the transfer has been completed. SEC. 4. If in any challenge brought pursuant to this section a restraining order or preliminary Injunction is Issued, the plaintiffs or petitioners shall not be required to post a bond obligating the plaintiffs or petitioners to indemnlfy the government defendants or the State of California for any damage the restraining order or preliminary injunction may cause. Section Nine. Section 16 of Article XVI of the Constitution requires that a specified portion of the taxes levied upon the taxable property in a redevelopment project each year be allocated to the redevelopment agency to repay indebtedness Incurred for the purpose of eliminating blight within the redevelopment project area. Section 16 of Article XVI prohibits the Legislature from reallocating some or that entire specified portion of the taxes to the State, an agency of the State, or any other taxing jurisdiction, instead of to the redevelopment agency. The Legislature has been illegally circumventing Section 16 of Article XVI in recent years by requiring redevelopment agencies to transfer a portion of those taxes for purposes other than the financing of redevelopment projects. A purpose of the amendments made by this measure is to prohibit the legislature from requiring, after the taxes have been allocated to a redevelopment agency, that the redevelopment agency transfer some or all of those taxes to the State, an agency of the State, or a jurisdiction; or use some or all of those taxes for the benefit of the State, an agency of the State, or a jurisdiction. Section Ten. Continuous Appropriations. 17 The provisions of Sections 6, 7, and 8 of this Act that require a continuous appropriation to the Controller without regard to fiscal year are intended to be "appropriations made by law" within the meaning of Section 7 of Article XVI of the California Constitution. Section Eleven. Liberal Construction. The provisions of this Act shall be liberally construed In order to effectuate its purposes. Section Twelve. Conflicting Statutes. Any statute passed by the Legislature between October 21, 2009 and the effective date of this measure, that would have been prohibited if this measure were in effect on the date it was enacted, Is hereby repealed. Section Thirteen, Conflicting Ballot Measures. In the event that this measure and another measure or measures relating to the direction or redirection of revenues dedicated to funding services provided by local governments and/or transportation projects or services appear on the same statewide election ballot, the provisions of the other measure or measures shall be deemed to be in conflict with this measure. In the event that this measure shall receive a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions of the other measure or measures shall be null and void. Section Fourteen. Severability. it is the intent of the People that the provisions of this Act are severable and that if any provision of this Act or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect any other provision or application of this Act which can be given effect without the invalid provision or application. 18 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL IN SUPPORT OF AN INITIATIVE TO PROTECT LOCAL FUNDING FOR PUBLIC SAFETY, EMERGENCY RESPONSE, ROAD IMPROVEMENTS AND PUBLIC TRANSIT WHEREAS, California voters have repeatedly and overwhelmingly passed separate ballot measures to stop State raids of local government funds, and to dedicate the taxes on gasoline to fund local and state transportation improvement projects; and WHEREAS, these local government funds are critical to provide the police and fire, emergency response, parks, libraries, and other vital local services that residents rely upon every day, and gas tax funds are vital to maintain and improve local streets and roads, to make road safety improvements, relieve traffic congestion, and provide mass transit; and WHEREAS, despite the fact that voters have repeatedly passed measures to prevent the State from taking these revenues dedicated to funding local government services and transportation improvement projects, the State Legislature has seized and borrowed billions of dollars in local government and transportation funds in the past few years; and WHEREAS, this year's borrowing and raids of local government, redevelopment and transit funds, as well as previous, ongoing raids of local government and transportation funds have lead to severe consequences, such as layoffs of police, fire and paramedic first responders, fire station closures, stalled economic development, healthcare cutbacks, delays in road safety improvements, public transit fare increases and cutbacks in public transit services; and WHEREAS, State politicians in Sacramento have continued to ignore the will of the voters, and current law provides no penalties when state politicians take or borrow these locally -dedicated funds; and WHEREAS, a coalition of local government, transportation and transit advocates recently filed an initiative petition for a constitutional amendment with the California Attorney General, called the "Local Taxpayer, Public Safety, and Transportation Protection Act" for potential placement on California's November 2010 statewide ballot; and WHEREAS, approval of this ballot initiative would close loopholes and change the constitution to further prevent State politicians in Sacramento from seizing, diverting, shifting, borrowing, transferring, suspending or otherwise taking or interfering with tax revenues dedicated to funding local government services, including redevelopment, or dedicated to transportation improvement projects and mass transit. NOW, THEREFORE, BE IT RESOLVED that the City of San Rafael formally endorses the initiative "Local Taxpayer, Public Safety and Transportation Protection Act," a proposed constitutional amendment. BE IT FURTHER RESOLVED that we hereby authorize the listing of San Rafael in support of the Local Taxpayer, Public Safety and Transportation Protection Act of 2010 and instruct staff to fax a copy of this resolution to campaign offices at 916.442.3510. I, Esther Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on the 16th day of November 2009, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: G1 1,31.1 a04 4011J`CMMMALMIMI ESTHER BEIRNE, City Clerk