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California Proposition 91, Dedicated Transportation Funds Initiative (February 2008)

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California Proposition 91
Flag of California.png
Election date
February 5, 2008
Topic
Transportation and State and local government budgets, spending and finance
Status
Defeatedd Defeated
Type
Constitutional amendment
Origin
Citizens


California Proposition 91 was on the ballot as an initiated constitutional amendment in California on February 5, 2008. It was defeated.

A "yes" vote supported prohibiting certain funds generated from gas taxes dedicated for transportation projects to be deposited into the state's General Fund.

A "no" vote opposed prohibiting certain funds generated from gas taxes dedicated for transportation projects to be deposited into the state's General Fund, thereby maintaining the existing conditions that permit borrowing dedicated gas tax revenue for the General Fund.


Election results

California Proposition 91

Result Votes Percentage
Yes 3,427,588 41.69%

Defeated No

4,794,776 58.31%
Results are officially certified.
Source


Measure design

Proposition 91 would have prohibited funds dedicated for transportation from being transferred to the General Fund except in certain circumstances. Loans of transportation funds would have been allowed for cash flow purposes but would have to be repaid within 30 days of adopting a new state budget. In 2008, the total estimated revenue generated by gas and other certain motor vehicle taxes was $9 billion. Proposition 91 would have also required that funds borrowed from the Transportation Investment Fund, between 2003 and 2005 be repaid by June 30, 2017, according to an established payment schedule.[1]

It was intended to alter some of the provisions of Proposition 42 (2002).


Text of measure

Ballot title

The ballot title for Proposition 91 was as follows:

Transportation Funds. Initiative Constitutional Amendment.

Ballot summary

The ballot summary for this measure was:

• Prohibits certain motor vehicle fuel sales and use taxes, that are earmarked for the Transportation Investment Fund, from being retained in the General Fund. Currently, such taxes may be retained if Governor issues a proclamation, a special statute is enacted by a 2/3 vote of the Legislature, repayment occurs within three years, and certain other conditions are met.

• Requires repayment by 6/30/17 of such vehicle fuel taxes retained in General Fund from 7/1/03 to 6/30/08. Currently, repayment is generally required by 6/30/16.

• Changes how and when General Fund borrowing of certain transportation funds is allowed.

Full Text

The full text of this measure is available here.

Constitutional changes

If Proposition 91 had been approved, it would have:

Fiscal impact

See also: Fiscal impact statement

The fiscal estimate provided by the California Legislative Analyst's Office said:[1]

Increases stability of state funding for highways, streets, and roads and may decrease stability of state funding for public transit. May reduce stability of certain local funds for public transit.[2]

Support

Supporters

  • Southern California Transit Advocates, a nonprofit organization supporting public transportation[3]
  • California Republican Assembly[3]
  • Kern Council of Governments[3]

Official arguments

No official arguments were submitted in support of Proposition 91 for the state's voter guide.[1]

Opposition

Official arguments

The official arguments in opposition to Proposition 91 for the state's voter guide were submitted by Mark Watts, the executive director of Transportation California, and Jim Earp, the executive director of the California Alliance for Jobs:[1]

VOTE NO ON PROPOSITION 91. IT’S NO LONGER NEEDED.

As the official proponents of this measure, we are encouraging you to VOTE NO ON PROPOSITION 91.

In 2006, our coalition qualified this measure for the ballot as a means of stopping the Governor and Legislature from taking the state sales tax on gasoline, which is supposed to be used on transportation projects, and using those funds for non-transportation purposes.

As this initiative was being qualified, Governor Schwarzenegger and a bipartisan group of legislators put a different constitutional measure on the November 2006 ballot that also accomplished what Proposition 91 set out to do. That measure, Proposition 1A, was approved by an overwhelming 77% of California voters in November 2006. Passage of Prop. 1A means that state politicians in Sacramento can no longer take our gas tax dollars and use those funds for non-transportation purposes.

Because Prop. 1A is now law, hundreds of millions of dollars in existing gasoline sales taxes are being sent each year to local communities for projects to relieve traffic congestion, improve safety, and fund mass transit.

By passing Proposition 1A, voters solved the problem of state raids of our gas tax funds. Proposition 91 is no longer needed. We respectfully urge you to vote NO ON PROPOSITION 91.[2]

Path to the ballot

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See also: California signature requirements

As an initiated constitutional amendment, 694,354 signatures were required to qualify Proposition 91 for the ballot.

The petition drive to qualify Proposition 91 for the ballot was launched in January 2006 by the California Alliance for Jobs because they wished to close what they regarded as a loophole in Proposition 42 (March 2002) that allowed legislators to use funds for non-transportation purposes. While collecting signatures, the group was simultaneously working in the California State Legislature for a legislative fix. That work resulted in the state legislature referring Proposition 1A to the November 2006 ballot, where it was approved.

Proposition 91 campaign collected approximately 1 million signatures. The campaign made the decision to submit 600,000 of these signatures, and withhold about 400,000, prior to the time that the state legislature referred Proposition 1A to the ballot. The validity rate of the 600,000 submitted signatures was higher than anticipated, and the measure qualified for the ballot.[4]

See also: California ballot initiative petition signature costs

See also


External links

Footnotes