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California Proposition 5, Allowable Uses of Revenue from Gas Taxes (June 1974)

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California Proposition 5 was on the June 4, 1974 statewide primary ballot in California as a legislatively-referred constitutional amendment, where it was approved.
  • Yes: 2,716,913 (60.3%) Approveda
  • No: 1,786,997 (39.7%)

Ballot summary

Proposition 5's official ballot summary said, "Extends present use of revenues from motor vehicle fuel taxes and license fees for highway construction to permit use for research, planning, and construction of mass transit guideways and mitigation of environmental effects of each. Unless approved by majority vote of area affected, funds may only be used for research and planning. Continues existing statutory formula for allocation of revenues to cities, counties, and areas of state until altered by Legislature. Permits up to 25% of area revenues available to be used to pay for voter-approved bond issues. Deletes obsolete provisions."

Constitutional changes

California Constitution
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Proposition 5 repealed what was then Article XXVI of the California Constitution, entirely replacing it with a new Article XXVI.

Fiscal impact

The fiscal estimate provided by the California Legislative Analyst's Office said:

"The Department of Finance and the Legislative Analyst advise that the adoption of this constitutional amendment will have no effect on state or local revenues or costs."

See also

Implications in 2009

In 2009, the law firm of Nielsen, Merksamer, Parrinello, Mueller & Naylor argued that Proposition 5, along with Proposition 2 from 1998, would make it unconstitutional for the state government to divert gas tax money from municipalities to the state's general fund.[1]

In a statement accompanying the Nielsen, Merksamer analysis as it was released to the press and members of the California State Legislature, Judith Mitchel of the League of California Cities said, "As a lawyer and an elected official who has taken an oath to defend the constitution of the state of California, it is pretty obvious that it is illegal to steal local gas tax funds when the voters have twice restricted such raids."[1]

Path to the ballot

The California State Legislature voted to put Proposition 5 on the ballot via Senate Constitutional Amendment 15 (Statutes of 1973, Resolution Chapter 145).

External links