BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   AB 189|
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                                 THIRD READING


          Bill No:  AB 189
          Author:   Assembly Budget Committee 
          Amended:  7/23/09 in Senate 
          Vote:     27 - Urgency

           
          WITHOUT REFERENCE TO COMMITTEE
           
          PRIOR VOTE NOT RELEVANT 
           

           SUBJECT  :     State warrants

           SOURCE  :     State Controller John Chiang


           DIGEST  :     Senate Floor Amendments  of 7/23/09 delete the  
          prior version of the bill expressing the intent of the  
          Legislature to enact statutory changes relating to the 2009  
          Budget Act.

          This bill now make changes intended to improve the state's  
          ability to sell registered reimbursement warrants the next  
          time the state's fiscal situation requires a reimbursement  
          warrant sale.

          This bill is the same as SB 116 (Calderon) which passed the  
          Senate with a vote of 36-0 on May 10, 2009, and is on the  
          Assembly reconsideration file.

           ANALYSIS  :    

          Existing law:
                                                           CONTINUED





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          1. Authorizes the issuance of registered reimbursement  
             warrants (RAWs) and other warrants by the state (Section  
             17200 et seq. of the Government Code), and authorizes  
             the State Treasurer, State Controller, and State  
             Director of the Department of Finance, sitting as the  
             Pooled Money Investment Board (PMIB), to set the rate of  
             interest on RAWs (Section 17222).

          2. Provides that, in lieu of prescribing a precise interest  
             rate on RAWs, the PMIB may fix a maximum rate of  
             interest for the RAWs (currently capped at five  
             percent), and prescribe that the interest rate is either  
             of the following:

             A.    Fixed, in accordance with the best bids for the  
                warrants, if the warrants are sold at public sale.

             B.    Fixed or variable on the terms and conditions  
                the State Controller must approve at the time the  
                warrants are sold, if the warrants are sold in  
                negotiated sales (Section 17244).

          3. Provides that, if the State Controller requests that  
             RAWs be issued, and the Governor determines that the  
             need for those RAWs is justified, a copy of the written  
             request from the State Controller must be provided to  
             the chairperson and vice chairperson of the Senate  
             Budget and Fiscal Review Committee and the Assembly  
             Budget Committee, the chairperson and vice chairperson  
             of the Joint Legislative Budget Committee, and the  
             chairperson and vice chairperson of the Senate and  
             Assembly Appropriations Committee (Section 17240.5).

          4. Provides that, no later than 15 days following the  
             completion of a RAW issuance, the State Controller shall  
             report on the specific details of the issuance to the  
             legislative committees referenced immediately above  
             (Section 17240.5).

          This bill:

          1. Adds RAWs and other warrants issued by the state to the  
             list of eligible securities for the investment of state  







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             surplus moneys (currently, only state bonds and state  
             notes are so eligible).

          2. Authorizes the PMIB to fix the rate of interest paid on  
             any RAW at no more than 12 percent per annum (up from  
             not more than five percent per annum), if it determines  
             that doing so is in the best interests of the state.

          3. Establishes or modify other related interest rate  
             ceilings, by providing for a maximum interest rate of 12  
             percent on registered warrants, including those issued  
             on account of nonpayment of principal or interest on  
             revenue anticipation notes, and a maximum interest rate  
             of 11 percent on registered warrants issued to pay  
             obligations under any state credit enhancement or  
             liquidity agreement.

          4. Authorizes the State Controller, with the concurrence of  
             the Department of Finance and the Office of the State  
             Treasurer, to fix periodic payment dates for interest on  
             RAWs or provide that interest on these warrants be paid  
             only upon redemption, as specified.

          5. Prohibits the State Controller from selling RAWs at less  
             than face value.

          6. Clarifies that any premium received in connection with  
             the sale of any RAW be deposited in the General Fund and  
             used for the payment of interest on those RAWs.

          7. Allows the State Controller to sell RAWs that may be  
             redeemed by PMIB, prior to the RAW's maturity date, at a  
             redemption price not to exceed 110 percent of the  
             principal amount of the RAW, plus accrued interest.

          8. Provides that if, at any time, it is necessary to issue  
             registered warrants on account of nonpayment of interest  
             on a RAW (something that could happen if the General  
             Fund lacked sufficient money to pay that interest), the  
             registered warrants would pay interest at the fixed or  
             variable rate specified in the RAW, but further provides  
             that in no case may the total sum of interest payments  
             paid on the RAWs and the registered warrants exceed the  
             interest that could have accrued on the RAWs, if those  







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             warrants had been issued at a rate of 12 percent per  
             annum.

          9. Makes additional, conforming changes.

           Background
           
          Revenue anticipation notes are short-term financing tools  
          used to borrow money within a fiscal year.  Their issuance  
          is quite common, and is necessitated by the fact that the  
          state's revenue stream, which peaks in April and can fall  
          considerably during months in which tax receipts are low,  
          does not evenly match its expenses, which are more evenly  
          spread across the fiscal year.

          Warrants are the government equivalent of checks, and are  
          issued by the State Controller nearly every business day of  
          the year, in order to pay state obligations.  Three types  
          of warrants may be used when the state suffers a revenue  
          shortfall, including registered warrants, registered RAWs,  
          and registered refunding warrants.  The differences are as  
          follows:

           Registered warrants  are like checks written against  
          insufficient funds.  Normally, all warrants issued by the  
          State Controller are paid upon presentation.  Warrants are  
          payable from so-called "unapplied money," which is the  
          state's version of the balance in its checking account  
          after deducting all checks outstanding.  In order for the  
          State Controller to determine whether the state has enough  
          unapplied money to pay all warrants it is required to issue  
          on any given day, the State Controller must rank the  
          obligations that are to be paid.  Some types of obligations  
          have priority over others.  For example, general obligation  
          bond debt service has priority over payments to vendors  
          supplying goods and services to state agencies.  If, after  
          ranking all of the state's obligations and setting aside  
          all money that must be earmarked, reserved, or otherwise  
          set apart for higher ranking obligations, the State  
          Controller determines that there is not enough unapplied  
          money to pay a warrant, the warrant will be registered.  In  
          issuing these registered warrants, the state is promising  
          to pay their face value as soon as sufficient unapplied  
          money is available.  Registered warrants bear interest  







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          until they are paid.

           Registered reimbursement warrants (RAWS)  are like  
          marketable, post-dated checks.  They are sold by the State  
          Controller to the public, to raise cash to pay state  
          obligations, in lieu of issuing individual registered  
          warrants to numerous creditors.  RAWs are not due to be  
          paid by the state until their maturity date, which is  
          established by the State Controller at the time the RAWs  
          are issued.  Like registered warrants, they bear interest  
          until they are paid.  The issuance of RAWs is quite rare  
          and has only occurred seven times since they were  
          authorized in 1936 (1936, 1982, 1992, 1993, 1994, 2002, and  
          2003). 

           Registered refunding warrants  can be sold by the State  
          Controller to the public to pay maturing RAWs.  Like RAWs,  
          refunding warrants are like post-dated checks.  They have a  
          maturity date, and bear interest until paid.

          Although the State Controller is the lead agency  
          responsible for issuing RAWs, the process of issuing all  
          state obligations is a collaborative one which involves the  
          Governor (sometimes directly and sometimes through the  
          Department of Finance), State Treasurer, State Controller,  
          Director of Finance, and Attorney General, as well as  
          several private sector financial advisors and bond counsel  
          knowledgeable about these instruments.  Thus, despite the  
          fact that the State Controller is the lead agency  
          responsible for issuing RAWs, the State Treasurer, Attorney  
          General, and multiple other government entities are very  
          involved in the issuance process.

           The debt distinction  .  The California State Supreme Court  
          has ruled that RAWs are not considered debt under the State  
          Constitution.  This distinction is important for two  
          reasons:  (1) different state officials are responsible for  
          issuing debt (State Treasurer) and issuing warrants (State  
          Controller), and (2) California's Constitution requires a  
          two-thirds vote of both houses of the Legislature and a  
          vote of the people before the state can incur debt of over  
          $300,000.

          In the court case referenced above, the Supreme Court found  







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          that the issuance of warrants in anticipation of the  
          receipt of revenues does not create an indebtedness or  
          liability within the meaning of the debt limitation clause  
          in the State Constitution.  The Court also ruled that  
          warrants are legal and binding, even if the fiscal period  
          in which the warrants are issued ends before the state  
          repays the warrants.  The Attorney General has opined that  
          RAWs may be issued across a maximum of two fiscal years;  
          they cannot span three or more fiscal years.

          Despite the fact that the State Treasurer issues debt and  
          the State Controller issues warrants, the State Treasurer's  
          Office and State Controller's Office staff have advised  
          Senate Governmental Organization Committee staff that the  
          process of issuing all state obligations is a collaborative  
          one which involves the Governor (sometimes directly and  
          sometimes through the Department of Finance), State  
          Treasurer, State Controller, Director of Finance, and  
          Attorney General, as well as several private experts  
          knowledgeable about the marketing of these instruments.  In  
          other words, despite the fact that the State Controller is  
          the lead agency responsible for issuing RAWs, the State  
          Treasurer and multiple other government entities are very  
          involved in the issuance process.

           Approval process  .  Before RAWs may be issued, the Governor  
          must approve both their issuance and the maximum amount  
          that may be issued.  Once RAW issuance is approved by the  
          Governor, the State Treasurer, State Controller, and  
          Director of Finance, sitting as the Pooled Money Investment  
          Board, set the maximum rate of interest of and approves the  
          payment procedures for RAWs.  Once the maximum amount of  
          RAWs, the maximum rate of interest, and the payment  
          procedures are approved, the State Controller may issue the  
          RAWs.  The Attorney General and bond counsel must issue  
          opinions regarding the legality of RAW issuance, and the  
          State Treasurer, State Controller, and Department of  
          Finance must issue certifications and other documents  
          relating to their issuance.

          The approval process for issuing refunding warrants is  
          similar to that for RAWs, except that the State Treasurer,  
          rather than the Governor, approves their issuance.








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          The issuance of warrants does not require approval by the  
          Legislature.  However, AB 1533 (Assembly Banking and  
          Finance Committee), Chapter 336, Statutes of 2007, required  
          the State Controller to formally notify the Legislature  
          about the proposed sale of any RAWs, and about the details  
          of any RAW issuances, by notifying the Chair and Vice Chair  
          of the Senate and Assembly Budget and Appropriations  
          Committees.

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

          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)

           Major Provisions                2009-10     2010-11     
          2011-12   Fund  

          Increase in rate  
          cap-------------unknown--------------General

           SUPPORT  :   (Verified per SB 116 support list)

          State Controller John Chiang (source)
          Attorney General Jerry Brown
          Orrick, Herrington & Sutcliffe
          State Treasurer Bill Lockyer

          DLW:mw  7/23/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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