California 2017-2018 Regular Session Status: Passed Assembly

ACA 5 — A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 1 of Article XIXA thereof, by adding Section 15 to Article XIIIB thereof, and by adding Article XIXD thereto, relating to transportation.

Last action — Chaptered by Secretary of State - Res. Chapter 30, Statutes of 2017.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Article XIX of the California Constitution restricts the expenditure of revenues from taxes imposed by the state on fuels used in motor vehicles upon public streets and highways to street and highway and certain mass transit purposes, and restricts the expenditure of revenues from fees and taxes imposed by the state upon vehicles or their use or operation to state administration and enforcement of laws regulating the use, operation, or registration of vehicles used upon the public streets and highways, as well as to street and highway and certain mass transit purposes. These restrictions do not apply to revenues from taxes or fees imposed under the Sales and Use Tax Law or the Vehicle License Fee Law. This measure would add Article XIXD to the California Constitution to require revenues derived from vehicle fees imposed under a specified chapter of the Vehicle License Fee Law to be used solely for transportation purposes, as defined. The measure would prohibit these revenues from being used for the payment of principal and interest on state transportation general obligation bonds that were authorized by the voters on or before November 8, 2016. The measure would prohibit the revenues from being used for the payment of principal and interest on state transportation general obligation bonds issued after that date unless the bond act submitted to the voters expressly authorizes that use. The measure would also prohibit the Legislature from borrowing these revenues, except as specified, or using them for purposes other than transportation purposes. (2) Article XIIIB of the California Constitution prohibits the total annual appropriations subject to limitation of the state and each local government from exceeding the appropriations limit of the entity of the government for the prior year, as adjusted. This measure would exclude appropriations of certain revenues associated with the Road Repair and Accountability Act of 2017 from the appropriations subject to constitutional limitation. (3) Article XIXA of the California Constitution requires the deposit of a specified portion of the sales and use tax on diesel fuel in the Public Transportation Account in the State Transportation Fund, and restricts the expenditure of those revenues to certain transportation planning and mass transportation purposes. Article XIXA prohibits the Legislature from borrowing these revenues and from using these revenues other than as specifically permitted by Article XIXA. This measure would restrict additional portions of the sales and use tax on diesel fuel to expenditure on certain transportation planning and mass transportation purposes and require those revenues to be deposited in the Public Transportation Account. The measure would prohibit the Legislature from temporarily or permanently diverting or appropriating these additional revenues for other than certain transportation planning and mass transportation purposes, or from borrowing, except as specified, these additional revenues.

Bill Text

Action History

  1. Chaptered by Secretary of State - Res. Chapter 30, Statutes of 2017.

  2. Enrolled and filed with the Secretary of State at 1 p.m.

  3. In Assembly. Ordered to Engrossing and Enrolling.

  4. Ordered to the Assembly.

  5. Read third time. Adopted. (Ayes 28. Noes 10. Page 654.)

  6. Ordered to third reading.

  7. (Ayes 28. Noes 10. Page 653.)

  8. Joint Rules suspended.

  9. Read first time.

  10. In Senate.

  11. Ordered to the Senate.

  12. Read third time. Adopted. (Ayes 56. Noes 24. Page 969.)

  13. Ordered to third reading.

  14. Withdrawn from committee.

  15. (Ayes 54. Noes 25. Page 968.)

  16. Joint Rules suspended.

  17. Assembly Rule 63 suspended.

  18. Assembly Rule 96 suspended.

  19. Coauthors revised.

  20. Re-referred to Com. on RLS.

  21. From committee chair, with author's amendments: Amend, and re-refer to Com. on RLS. Read second time and amended.

  22. Referred to Com. on RLS.

  23. From printer. May be heard in committee March 21.

  24. Read first time. To print.

Sponsors

  • Frazier · Primary
  • Gloria · Cosponsor
  • Low · Cosponsor
  • Mullin · Cosponsor
  • Newman · Cosponsor
  • Santiago · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 5 co-sponsors · 116 not signed on · 12 voted No

Sponsors (1)

  • Frazier

Co-sponsors (5)

  • Gloria
  • Low
  • Mullin
  • Newman
  • Santiago

Not signed on (116)

116 members have not signed on to this bill.

Show all 116 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading (Supplemental File 1) ACA5 Frazier et al. By Newman

Passed 28 Yea · 10 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 24902
Democratic 4100
Total 281002
% of votes cast 70%25%0%5%
How each member voted (40)
Member Party Vote
Anderson — Not Voting
Bates — Nay
Bradford — Yea
Hernandez — Yea
Hertzberg — Yea
Leyva — Yea
Monning — Yea
Morrell — Nay
Nielsen — Nay
Cannella — Yea
Dodd — Yea
Atkins — Yea
Hueso — Yea
Skinner — Yea
Mitchell — Yea
Allen — Yea
De León — Yea
Galgiani — Yea
Portantino — Yea
Hill — Yea
Beall — Yea
Lara — Yea
Mendoza — Yea
Moorlach — Nay
Newman — Yea
Pan — Yea
Roth — Yea
Vidak — Nay
Wieckowski — Yea
Wilk — Nay
Fuller — Nay
Glazer — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

ACA 5 FRAZIER Assembly Third Reading Amend By HARPER Set #1 Motion to Lay on the Table By CALDERON

Passed 54 Yea · 25 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 401700
Democratic 14101
Republican 0700
Total 542501
% of votes cast 68%31%0%1%
How each member voted (80)
Member Party Vote
Acosta — Nay
Bigelow — Nay
Bloom — Yea
Brough — Nay
Holden — Yea
Kiley — Nay
Mathis — Nay
Nazarian — Yea
O'Donnell — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Thurmond — Yea
Waldron — Nay
Weber — Yea
Eggman — Yea
Daly — Yea
Gray — Yea
Frazier — Yea
Gloria — Yea
Low — Yea
Gonzalez Fletcher — Yea
Medina — Yea
Mullin — Yea
Salas — Yea
Chau — Yea
Chu — Yea
Quirk — Yea
Santiago — Yea
Ting — Yea
Wood — Yea
Bocanegra — Yea
Rubio — Yea
Friedman — Yea
Gomez — Yea
Harper — Nay
Burke — Yea
Jones-Sawyer — Yea
Levine — Yea
Maienschein — Nay
Mayes — Nay
McCarty — Yea
Baker — Nay
Chiu — Yea
Chávez — Nay
Cooper — Yea
Melendez — Nay
Obernolte — Nay
Rendon — Yea
Steinorth — Nay
Voepel — Nay
Cooley — Yea
Cunningham — Nay
Dababneh — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Travis Allen — Nay
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Nay
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay

Official roll call →

ACA 5 FRAZIER Assembly Third Reading

Passed 56 Yea · 24 Nay
Party YeaNayPresentNot Voting
Unaffiliated 411600
Democratic 15100
Republican 0700
Total 562400
% of votes cast 70%30%0%0%
How each member voted (80)
Member Party Vote
Holden — Yea
Kiley — Nay
Mathis — Nay
Medina — Yea
Nazarian — Yea
O'Donnell — Yea
Ridley-Thomas — Yea
Santiago — Yea
Wood — Yea
Eggman — Yea
Chau — Yea
Chu — Yea
Daly — Yea
Frazier — Yea
Gloria — Yea
Low — Yea
Mullin — Yea
Quirk — Yea
Rodriguez — Yea
Thurmond — Yea
Ting — Yea
Weber — Yea
Gonzalez Fletcher — Yea
Salas — Yea
Gray — Yea
Bloom — Yea
Bocanegra — Yea
Rubio — Yea
Friedman — Yea
Gomez — Yea
Harper — Nay
Burke — Yea
Jones-Sawyer — Yea
Levine — Yea
Maienschein — Nay
Mayes — Nay
McCarty — Yea
Chiu — Yea
Chávez — Nay
Cooper — Yea
Melendez — Nay
Obernolte — Nay
Rendon — Yea
Steinorth — Nay
Voepel — Nay
Waldron — Nay
Acosta — Nay
Baker — Yea
Bigelow — Nay
Brough — Nay
Cooley — Yea
Cunningham — Nay
Dababneh — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Travis Allen — Nay
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Nay
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay

Official roll call →

Subjects

transportation
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Frequently asked questions

What does ACA 5 do?
(1) Article XIX of the California Constitution restricts the expenditure of revenues from taxes imposed by the state on fuels used in motor vehicles upon public streets and highways to street and highway and certain mass transit purposes, and restricts the expenditure of revenues from fees and taxes imposed by the state upon vehicles or their use or operation to state administration and enforcement of laws regulating the use, operation, or registration of vehicles used upon the public streets and highways, as well as to street and highway and certain mass transit purposes. These restrictions do not apply to revenues from taxes or fees imposed under the Sales and Use Tax Law or the Vehicle License Fee Law. This measure would add Article XIXD to the California Constitution to require revenues derived from vehicle fees imposed under a specified chapter of the Vehicle License Fee Law to be used solely for transportation purposes, as defined. The measure would prohibit these revenues from being used for the payment of principal and interest on state transportation general obligation bonds that were authorized by the voters on or before November 8, 2016. The measure would prohibit the revenues from being used for the payment of principal and interest on state transportation general obligation bonds issued after that date unless the bond act submitted to the voters expressly authorizes that use. The measure would also prohibit the Legislature from borrowing these revenues, except as specified, or using them for purposes other than transportation purposes. (2) Article XIIIB of the California Constitution prohibits the total annual appropriations subject to limitation of the state and each local government from exceeding the appropriations limit of the entity of the government for the prior year, as adjusted. This measure would exclude appropriations of certain revenues associated with the Road Repair and Accountability Act of 2017 from the appropriations subject to constitutional limitation. (3) Article XIXA of the California Constitution requires the deposit of a specified portion of the sales and use tax on diesel fuel in the Public Transportation Account in the State Transportation Fund, and restricts the expenditure of those revenues to certain transportation planning and mass transportation purposes. Article XIXA prohibits the Legislature from borrowing these revenues and from using these revenues other than as specifically permitted by Article XIXA. This measure would restrict additional portions of the sales and use tax on diesel fuel to expenditure on certain transportation planning and mass transportation purposes and require those revenues to be deposited in the Public Transportation Account. The measure would prohibit the Legislature from temporarily or permanently diverting or appropriating these additional revenues for other than certain transportation planning and mass transportation purposes, or from borrowing, except as specified, these additional revenues.
Who sponsors ACA 5?
ACA 5 is sponsored by Frazier, Gloria, Low, Mullin, Newman, and Santiago.
What is the current status of ACA 5?
This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track ACA 5?
Track ACA 5 free on One Click Politics — get push/email alerts when it moves.

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