BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 6 X1
                                                                  Page  1

          (  Without Reference to File  )

          CONCURRENCE IN SENATE AMENDMENTS
          AB 6 X1 (Evans)
          As Amended December 18, 2008
          Majority vote
           
           ----------------------------------------------------------------- 
          |ASSEMBLY:  |     |(December 8,    |SENATE: |     |(December 18,  |
          |           |     |2008)           |        |     |2008)          |
           ----------------------------------------------------------------- 
               (vote not relevant)                (vote not available)

           SUMMARY  :  Provides statutory changes for the transportation area  
          of the Budget.

           The Senate amendments  delete the Assembly version of this bill  
          and instead:

          1)Direct approximately $100 million per year for five years to  
            the General Fund (GF) 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 GF  
            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 portion of 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 would direct tribal payments in  
            2008-09 through 2012-13 to the GF.  In 2013-14 tribal revenues  
            would again be available for securitization or direct  
            transportation-loan repayment.

          2)Transfer approximately $85 million annually from the Motor  
            Vehicle Account (MVA) to the GF.  The amount transferred  
            annually would correspond to the amount of revenue in the MVA  
            derived from sources not constrained by Article XIX of the  








                                                                  AB 6 X1
                                                                  Page  2

            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 (DMV), and other ongoing and  
            related state administration.

          3)Allow 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  
            GF to offset the cost of debt service payments for  
            transportation-related general obligation bonds.  An  
            associated bill (either AB 3 X1 or SB 3 X1) would transfer  
            $378 million from the State Highway Account to the  
            Transportation Debt Service Fund for this purpose.

          4)Include a clause making this bill contingent on the enactment  
            of AB 2 or SB 2 X1; and AB 9 or SB 9 X1.

           AS PASSED BY THE ASSEMBLY  , this bill was a vehicle to enact  
          statutory changes relating to the 2008 Budget Act.


           Analysis Prepared by  :    Chris Woods/Adam Dondro / BUDGET /  
          (916) 319-2099                                         


                                                               FN: 0000039