BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                    AB 6X|
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                                 THIRD READING


          Bill No:  AB 6X
          Author:   Evans (D)
          Amended:  12/18/08 in Senate
          Vote:     21

           
          WITHOUT REFERENCE TO COMMITTEE


           SUBJECT  :    Budget Act of 2008:  transportation

           SOURCE  :     Author


           DIGEST  :    This bill provides the necessary statutory  
          changes in the area of transportation in order to enact  
          revisions to the 2008 Budget Act.

           ANALYSIS  :    This is the omnibus transportation budget  
          trailer bill which does the following:

           1.Transportation-related tribal-gaming revenue  .  Directs  
            approximately $100 million per year for five years to the  
            General Fund from a specified portion of tribal-gaming  
            revenues.  Existing law designates these specified  
            revenues as available for securitization with bond  
            proceeds directed to repay transportation loans.  The  
            General Fund borrowed approximately $1.2 billion from the  
            Traffic Congestion Relief Fund in 2001 and 2002.  These  
            loans occurred prior to the approval of Proposition 42  
            and annual payments are not required by Article XIXB of  
            the State Constitution.  In 2004, AB 687 (Chapter 91)  
            enacted new tribal-state gaming compacts that direct a  
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            portion of the compact revenue to the repayment of these  
            loans through securitization of the revenue stream.   
            Ongoing litigation has stopped the state from moving  
            forward with the issuance of bonds, and in the interim,  
            about $350 million has been received in tribal payments.   
            This $350 million has been transferred for partial  
            repayment of these transportation loans.  Currently,  
            about $879 million remains outstanding.  This bill  
            directs tribal payments in 2008-09 through 2012-13 to the  
            General Fund.  In 2013-14 tribal revenues would again be  
            available for securitization or direct  
            transportation-loan repayment.

           2.Motor Vehicle Account "non-Article-XIX" revenue  .   
            Transfers approximately $85 million annually from the  
            Motor Vehicle Account (MVA) to the General Fund.  The  
            amount transferred annually would correspond to the  
            amount of revenue in the MVA derived from sources not  
            constrained by Article XIX of the State Constitution.    
            These "non-Article-XIX" revenues are derived from the  
            following sources: sale of documents; charges for  
            miscellaneous services to the public; escheat of  
            unclaimed checks; miscellaneous revenue; traffic  
            violations; and civil and criminal violations.  Article  
            XIX directs revenue from fees and taxes imposed by the  
            State upon vehicles and their use and operation to state  
            administration and enforcement of laws regulating the  
            highways of the State, including enforcement of traffic  
            and vehicles laws by state agencies and the mitigation of  
            the associated environmental effects.  All Article XIX  
            revenue would be maintained in the MVA for support of the  
            Department of the California Highway Patrol, the  
            Department of Motor Vehicles, and other ongoing and  
            related state administration.

           3.Payment of Transportation-related General Obligation  
            Bonds  .  Allows the Director of Finance to use funds in  
            the Transportation Debt Service Fund, which were  
            transferred to the fund from the State Highway Account  
            pursuant to a Budget Act transfer or other legislation,  
            to be used to reimburse the General Fund to offset the  
            cost of debt service payments for transportation-related  
            general obligation bonds.  An associated bill (either  
            ABX1 3 or SBX1 3) would transfer $378 million from the  







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            State Highway Account to the Transportation Debt Service  
            Fund for this purpose.

           4.Contingent clause  .  This bill is contingent on the  
            enactment of the following bills of the 2009-10 First  
            Extraordinary Session of the Legislature:  (1) AB 2 or SB  
            2; and (2) AB 9 or SB 9.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          DLW:nl  12/18/08   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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