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California Constitution
ARTICLE 19B  MOTOR VEHICLE FUEL SALES TAX REVENUES AND 
TRANSPORTATION IMPROVEMENT FUNDING


SECTION 1.  (a) For the 2003-04 fiscal year and each fiscal year
thereafter, all moneys 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 sale, storage, use, or other
consumption in this State of motor vehicle fuel, and that are
deposited in the General Fund of the State pursuant to that law,
shall be transferred to the Transportation Investment Fund, which is
hereby created in the State Treasury.
   (b) (1) For the 2003-04 to 2007-08 fiscal years, inclusive, moneys
in the Transportation Investment Fund shall be allocated, upon
appropriation by the Legislature, in accordance with Section 7104 of
the Revenue and Taxation Code as that section read on the operative
date of this article.
   (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.
   (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) For the 2008-09 fiscal year and each fiscal year thereafter,
moneys in the Transportation Investment Fund shall be allocated, upon
appropriation by the Legislature, 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 purpose set forth in
subparagraph (D) of paragraph (2) of subdivision (b).
   (d) The transfer of revenues from the General Fund of the State to
the Transportation Investment Fund pursuant to subdivision (a) may
be suspended, in whole or in part, for a fiscal year if both of the
following conditions are met:
   (1) The Governor has issued a proclamation that declares that the
transfer of revenues pursuant to subdivision (a) will result in a
significant negative fiscal impact on the range of functions of
government funded by the General Fund of the State.
   (2) The Legislature enacts by 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, a suspension for
that fiscal year of the transfer of revenues pursuant to subdivision
(a), provided that the bill does not contain any other unrelated
provision.
   (e) The Legislature may enact a statute that modifies the
percentage shares set forth in subdivision (c) by a bill passed in
each house of the Legislature by rollcall vote entered in the
journal, two-thirds of the membership concurring, provided that the
bill does not contain any other unrelated provision and that the
moneys described in subdivision (a) are expended solely for the
purposes set forth in paragraph (2) of subdivision (b).





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