California Proposition 91 (2008)
Encyclopedia
California Proposition 91 was a failed proposal to amend the California Constitution
California Constitution
The document that establishes and describes the duties, powers, structure and function of the government of the U.S. state of California. The original constitution, adopted in November 1849 in advance of California attaining U.S. statehood in 1850, was superseded by the current constitution, which...

 to prohibit motor vehicle fuel sales taxes that are earmarked for transportation purposes from being retained in the state's general fund. The proposition appeared on the ballot of the February primary election
California state elections, February 2008
The California state elections, February 2008 were held on February 5, 2008 throughout California. Presidential primaries and a special election for a State Assembly seat were among the contests held...

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Proposal

The proposition prohibits certain motor vehicle fuel sales and use taxes, that are earmarked for the Transportation Investment Fund, from being retained in the General Fund. Such taxes may be retained if the Governor
Governor of California
The Governor of California is the chief executive of the California state government, whose responsibilities include making annual State of the State addresses to the California State Legislature, submitting the budget, and ensuring that state laws are enforced...

 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.

The proposition also requires repayment by June 30, 2017 of such vehicle fuel taxes retained in General Fund from July 1, 2003 to June 30, 2008. Currently, repayment is generally required by June 30, 2016.

It also changes how and when General Fund borrowing of certain transportation funds is allowed.

Fiscal impacts

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.

What a yes or no vote means

A "yes" vote on this measure means that the State would no longer be able to suspend the transfer of gasoline sales tax revenue from the General Fund to transportation. In addition, the state would be able to loan specified transportation funds, potentially including certain local transportation funds, to the General Fund for essentially short-term cash flow purposes only. The State, however, may be able to loan to the General Fund, without express time limitation for repayment, certain state funds for public transit.

A "no" vote means the State would still be able to suspend, under certain conditions, the transfer of gasoline sales tax revenue from the General Fund to transportation. Additionally, the State would continue to be able, under certain conditions, to loan specified transportation funds to the General Fund for up to three fiscal years.

Developments before election

Proponents of Proposition 91 asked voters to vote "no" on Proposition 91 because the passage of Proposition 1A in 2006 has already prevented the use of gas tax dollars from being spent for non-transportation purposes. However, an independent campaign to pass Proposition 1A has been sponsored separately by the Southern California Transit Advocates, a non-profit transit advocacy organization. Other supporters include State Senator
California State Senate
The California State Senate is the upper house of the California State Legislature. There are 40 state senators. The state legislature meets in the California State Capitol in Sacramento. The Lieutenant Governor is the ex officio President of the Senate and may break a tied vote...

 Tom McClintock
Tom McClintock
Thomas Miller McClintock II is the U.S. Representative for , serving since 2009. He is a member of the Republican Party. He is a former Assemblyman and state Senator...

 and former State Senator Bill Leonard
Bill Leonard
William R. Leonard is a Republican U.S. politician who served as a member of the California State Board of Equalization from 2002 until his resignation in March 2010.-Life and career:After earning his B.A...

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Results

External links

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