AMENDED IN SENIOR ASSEMBLY OCTOBER 30, 2012

SENIOR ASSEMBLY PROPOSAL NO. 12

INTRODUCED BY SENIOR ASSEMBLY MEMBER HANSON

(PRINCIPAL COAUTHOR: SENIOR DRNATOR RYAN)

LEGISLATIVE COUNSEL'S DIGEST

AP 12: FUNDING FOR SENIOR TRANSPORTATION.

ARTICLE XIX OF THE CALIFORNIA CONSTITUTION IMPOSES RESTRICTIONS ON THE EXPENDITURE OF REVENUES FROM MOTOR VEHICLE FUEL EXCISE TAXES IMPOSED BY THE STATE GOVERNMENT. THESE CONSTITUTIONAL RESTRICTIONS LIMIT EXPENDITURE OF THESE TAX REVENUES TO HIGHWAY PURPOSES AND TO CERTAIN TRANSIT CAPITAL PURPOSES, AND, AS A RESULT, DO NOT ALLOW THESE REVENUES TO BE EXPENDED ON TRANSIT OPERATING EXPENSES. HOWEVER, SIMILAR EXCISE TAXES IMPOSED AT THE LOCAL GOVERNMENT LEVEL ARE NOT RESTRICTED IN THIS MANNER. EXISTING LAW AUTHORIZES THE METROPOLITAN TRANSPORTATION COMMISSION TO IMPOSE, WITH APPROVAL BY TWO-THIRDS OF THE VOTERS, A REGIONAL MOTOR VEHICLE FUEL EXCISE TAX IN THE NINE-COUNTY BAY AREA FOR VARIOUS TRANSPORTATION PURPOSES. IN ADDITION, TRANSIT DISTRICTS, WITH APPROVAL BY TWO-THIRDS OF THE VOTERS, MAY IMPOSE A LOCAL MOTOR VEHICLE FUEL EXCISE TAX WITHIN THEIR JURISDICTION FOR TRANSIT PURPOSES.

EXISTING LAW, SECTION 2 OF ARTICLE XIIIC OF THE CALIFORNIA CONSTITUTION, PROHIBITS LOCAL GOVERNMENT FROM IMPOSING, EXTENDING, OR INCREASING ANY SPECIAL TAX UNLESS THAT TAX IS SUBMITTED TO THE ELECTORATE AND APPROVED BY A 2/3 VOTE.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD AUTHORIZE A COUNTY, OR A GROUP OF COUNTIES ACTING JOINTLY, TO IMPOSE A MOTOR VEHICLE FUEL EXCISE TAX IN ORDER TO PROVIDE FUNDING FOR TRANSPORTATION SERVICES AND MEAL DELIVERY SERVICES FOR SENIORS, AND FOR OTHER RELATED PURPOSES, SUBJECT TO LOCAL VOTER APPROVAL IN THE COUNTY WHERE THE TAX IS TO BE IMPOSED.

VOTE: MAJORITY.

AP 12: RELATING TO FUNDING FOR SENIOR TRANSPORTATION

WHEREAS, THE OLDER AMERICANS ACT OF 1965, AS AMENDED, ALLOWS PROVIDERS OF SENIOR SERVICES TO ALLOCATE FUNDS FOR TRANSPORTATION AND THE LOCAL AREA AGENCY ON AGING FOR LASSEN, MODOC, SHASTA, SISKIYOU, AND TRINITY COUNTIES, KNOWN AS PSA 2, ALLOCATES 53% OF THE FUNDING IT RECEIVES FOR TRANSPORTATION FOR SENIORS AND DELIVERING MEALS TO SENIORS; AND

WHEREAS, THE PSA 2 AREA CONTAINS MANY SMALL COMMUNITIES SCATTERED THROUGHOUT AN AREA OF 22,421 SQUARE MILES AND MOTOR VEHICLE TRANSPORTATION IS NEEDED TO ACCESS AND TO PROVIDE SENIOR SERVICES; AND

WHEREAS, MANY NECESSARY SENIOR SERVICES ARE UNFUNDED DUE TO A HIGH PERCENTAGE OF AVAILABLE COUNTY, STATE, AND FEDERAL FUNDS BEING USED TO PROVIDE TRANSPORTATION; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2012 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT A COUNTY, OR A GROUP OF COUNTIES ACTING JOINTLY, BE AUTHORIZED TO IMPOSE A MOTOR VEHICLE FUEL EXCISE TAX, SUBJECT TO LOCAL VOTER APPROVAL, WITH REVENUES FROM THE TAX TO BE USED TO FUND TRANSPORTATION SERVICES AND MEAL DELIVERY SERVICES FOR SENIORS AND FOR DIRECTLY-RELATED PURPOSES; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.

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RN 12 15737