California 2009-2010 Regular Session Status: Passed Assembly

AB 1955 — Local government: compensation.

Last action — Died on unfinished business file. (Reconsideration pending).

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

This bill died with 2009-2010 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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) Existing law charges the Controller with various duties, including, among others, superintending the fiscal concerns of the state. Existing law authorizes a city council to enact an ordinance providing each member of the city council a salary based on the population of the city, and to provide for other forms of compensation, as specified. This bill would require the Controller to determine, based on a review of public records or reported salary information, whether a city is an excess compensation city, as defined. The bill would authorize a city to request a hearing, as specified, to contest the Controller's determination. The bill would require the Controller, if the city does not request a hearing or if the Attorney General concurs with the Controller's determination after a hearing, to notify the city and the redevelopment agency in the city of the city's status as an excess compensation city, as prescribed. (2) The Community Redevelopment Law authorizes the establishment of redevelopment agencies in communities to address the effects of blight, as defined, in blighted areas in those communities known as project areas, and authorizes the agency to issue bonds. This bill would prohibit the agency, once the agency has received written notice from the Controller that the city is an excess compensation city, from adopting a redevelopment plan for a new project area or amending an existing redevelopment plan for existing project areas; from issuing new bonds, notes, interim certificates, debentures, or other obligations, as specified; and from encumbering any funds or expending any moneys derived from any source except as specified. (3) Existing law, the Ralph M. Brown Act, requires that all meetings of a legislative body of a local agency be open and public and all persons be permitted to attend unless a closed session is authorized. The act authorizes a legislative body to hold a closed session with the local agency's designated representatives regarding various issues, including compensation, regarding its represented and unrepresented employees, but the legislative body is prohibited from taking final action on the proposed compensation of one or more unrepresented employees. Existing law also requires that all contracts of employment with a local agency, as defined, for certain positions be ratified in an open session of the governing body and be reflected in the governing body's minutes. This bill would require that any individual contract of employment or amendment to a contract of employment with an employee who is or will be employed by, and report directly to, the legislative body of the local agency be ratified in an open session of the legislative body after prescribed information regarding the contract or amendment to the contract is made available in a conspicuous location on the local agency's Internet Web site, if it maintains one, and in a location that is freely accessible to the public, no later than 5 days prior to the meeting to ratify the contract or amend the contract. By expanding the duties of local officials, these provisions would impose a state-mandated local program. This bill would also specify that final action on the proposed compensation of one or more unrepresented employees who are to be employed by, and report directly to, the legislative body of the local agency only be taken in open session, consistent with the prescribed disclosure requirements. By expanding the duties of local officials, these provisions would impose a state-mandated local program. (4) The bill would express a legislative finding and declaration that, to ensure the statewide integrity of local government, disclosure of compensation paid to officers and designated employees is an issue of statewide concern and not a municipal affair and that, therefore, all cities, including charter cities, would be subject to the provisions of the bill. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. (6) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Died on unfinished business file. (Reconsideration pending).

  2. Reconsideration granted. (Ayes 37. Noes 0. Page 5099.)

  3. Motion to reconsider made by Senator Florez.

  4. Read third time. Urgency clause refused adoption. (Ayes 15. Noes 19. Page 5098.)

  5. Ordered to third reading.

  6. Withdrawn from committee.

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

  8. Re-referred to Com. on RLS.

  9. (Ayes 21. Noes 13. Page 5023.)

  10. Senate Rule 29.3(b) suspended.

  11. Read second time. To third reading.

  12. From committee: Do pass. (Ayes 7. Noes 4.) (August 27).

  13. In committee: Motion to place on APPR. suspense file refused.

  14. Joint Rules 61(b)(15) and 62(a) suspended. (Ayes 27. Noes 7. Page 4959.)

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

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

  17. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 3. Noes 1.) (August 11).

  18. In committee: Reconsideration granted.

  19. Joint Rule 62(a), file notice suspended. (Page 4446.)

  20. Senate Rule 21.5(k)(2) suspended.

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

  22. In committee: Set, second hearing. Failed passage.

  23. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L. GOV.

  24. In committee: Set, first hearing. Hearing canceled at the request of author.

  25. Referred to Com. on L. GOV.

  26. In Senate. Read first time. To Com. on RLS. for assignment.

  27. Read third time, passed, and to Senate. (Ayes 72. Noes 0. Page 4935.)

  28. Read second time. To third reading.

  29. From committee: Do pass. (Ayes 8. Noes 0.) (April 21).

  30. Re-referred to Com. on L. GOV.

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

  32. In committee: Set, first hearing. Hearing canceled at the request of author.

  33. Re-referred to Com. on L. GOV.

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

  35. Referred to Com. on L. GOV.

  36. From printer. May be heard in committee March 20.

  37. Read first time. To print.

Sponsors

  • Block · Cosponsor
  • Portantino · Cosponsor
  • Correa · Cosponsor
  • De La Torre · Primary
  • Eng · Cosponsor
  • Feuer · Cosponsor
  • Gatto · Cosponsor
  • Ma · Cosponsor
  • Norby · Cosponsor
  • Solorio · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 9 co-sponsors · 112 not signed on · 1 voted No

Sponsors (1)

  • De La Torre

Co-sponsors (9)

  • Block
  • Portantino
  • Correa
  • Eng
  • Feuer
  • Gatto
  • Ma
  • Norby
  • Solorio

Not signed on (112)

112 members have not signed on to this bill.

Show all 112 →

"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

W/O REF. TO FILE AB1955 De La Torre Urgency Clause

Failed 15 Yea · 20 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 141904
Republican 1000
Democratic 0101
Total 152005
% of votes cast 38%50%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Nay
Cedillo — Yea
Wyland — Nay
Cogdill — Nay
Florez — Yea
Harman — Yea
Lowenthal — Nay
Negrete — Nay
Runner — Nay
Corbett — Nay
Hollingsworth — Nay
Kehoe — Yea
Ducheny — Yea
Leno — Yea
Ashburn — Nay
Blakeslee — Nay
Dutton — Nay
Oropeza — Not Voting
Pavley — Not Voting
Simitian — Yea
Steinberg — Yea
Walters — Nay
Wiggins — Not Voting
Wolk — Yea
Aanestad — Yea
Alquist — Yea
Huff — Nay
Liu — Nay
McLeod — Nay
Price — Not Voting
Romero — Yea
Wright — Nay
Emmerson — Nay
Correa — Yea
DeSaulnier — Nay
Denham — Nay
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Nay
Strickland, Tony Republican Yea

Official roll call →

W/O REF. TO FILE AB1955 De La Torre Reconsider

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Democratic 2000
Republican 1000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Cogdill — Yea
Florez — Yea
Hancock — Yea
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Hollingsworth — Yea
Huff — Yea
Kehoe — Yea
Leno — Yea
Oropeza — Not Voting
Ashburn — Yea
Ducheny — Yea
Dutton — Yea
Pavley — Yea
Simitian — Yea
Walters — Yea
Wiggins — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Blakeslee — Yea
Harman — Yea
Liu — Yea
McLeod — Yea
Price — Yea
Romero — Yea
Steinberg — Yea
Cedillo — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 7 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7400
Total 7400
% of votes cast 64%36%0%0%
How each member voted (11)
Member Party Vote
Yee — Yea
Corbett — Yea
Leno — Yea
Ashburn — Nay
Price — Yea
Walters — Nay
Wolk — Yea
Alquist — Yea
Kehoe — Yea
Wyland — Nay
Emmerson — Nay

Official roll call →

Motion to place on APPROPRIATIONS suspense file refused

Failed 4 Yea · 7 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4700
Total 4700
% of votes cast 36%64%0%0%
How each member voted (11)
Member Party Vote
Yee — Nay
Wyland — Yea
Corbett — Nay
Ashburn — Yea
Kehoe — Nay
Walters — Yea
Alquist — Nay
Leno — Nay
Price — Nay
Wolk — Nay
Emmerson — Yea

Official roll call →

Reconsideration granted.

Passed 3 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 3001
Total 3001
% of votes cast 75%0%0%25%
How each member voted (4)
Member Party Vote
Price — Not Voting
Aanestad — Yea
Kehoe — Yea
DeSaulnier — Yea

Official roll call →

Do pass.

Failed 1 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 1301
Total 1301
% of votes cast 20%60%0%20%
How each member voted (5)
Member Party Vote
Cox — Nay
Kehoe — Not Voting
Price — Nay
Aanestad — Yea
DeSaulnier — Nay

Official roll call →

AB 1955 DE LA TORRE Assembly Third Reading

Passed 83 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 79006
Democratic 2001
Republican 2001
Total 83008
% of votes cast 91%0%0%9%
How each member voted (91)
Member Party Vote
Hall — Yea
Carter — Yea
Chesbro — Yea
Eng — Yea
Evans — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Charles — Yea
Yamada — Yea
Fletcher — Yea
Fong — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Bonnie — Not Voting
Lowenthal — Not Voting
Fuller — Yea
Furutani — Yea
Garrick — Yea
Gilmore — Yea
Hagman — Yea
Harkey — Yea
Hayashi — Yea
Bass — Not Voting
Hill — Yea
Huber — Yea
Jeffries — Yea
Knight — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Norby — Not Voting
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Not Voting
Villines — Not Voting
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Adams — Yea
Ammiano — Yea
Anderson — Yea
Beall — Yea
Coto — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Lieu — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Smyth — Yea
Torlakson — Yea
Tran — Yea
Emmerson — Yea
Feuer — Yea
Davis — Yea
DeVore — Yea
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Not Voting
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Not Voting
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 6001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Knight — Yea
Smyth — Yea
Bradford — Yea
Hill — Yea
Logue — Yea
Solorio — Yea
Davis — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea

Official roll call →

Subjects

public-safety civil-rights labor
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Frequently asked questions

What does AB 1955 do?
(1) Existing law charges the Controller with various duties, including, among others, superintending the fiscal concerns of the state. Existing law authorizes a city council to enact an ordinance providing each member of the city council a salary based on the population of the city, and to provide for other forms of compensation, as specified. This bill would require the Controller to determine, based on a review of public records or reported salary information, whether a city is an excess compensation city, as defined. The bill would authorize a city to request a hearing, as specified, to contest the Controller's determination. The bill would require the Controller, if the city does not request a hearing or if the Attorney General concurs with the Controller's determination after a hearing, to notify the city and the redevelopment agency in the city of the city's status as an excess compensation city, as prescribed. (2) The Community Redevelopment Law authorizes the establishment of redevelopment agencies in communities to address the effects of blight, as defined, in blighted areas in those communities known as project areas, and authorizes the agency to issue bonds. This bill would prohibit the agency, once the agency has received written notice from the Controller that the city is an excess compensation city, from adopting a redevelopment plan for a new project area or amending an existing redevelopment plan for existing project areas; from issuing new bonds, notes, interim certificates, debentures, or other obligations, as specified; and from encumbering any funds or expending any moneys derived from any source except as specified. (3) Existing law, the Ralph M. Brown Act, requires that all meetings of a legislative body of a local agency be open and public and all persons be permitted to attend unless a closed session is authorized. The act authorizes a legislative body to hold a closed session with the local agency's designated representatives regarding various issues, including compensation, regarding its represented and unrepresented employees, but the legislative body is prohibited from taking final action on the proposed compensation of one or more unrepresented employees. Existing law also requires that all contracts of employment with a local agency, as defined, for certain positions be ratified in an open session of the governing body and be reflected in the governing body's minutes. This bill would require that any individual contract of employment or amendment to a contract of employment with an employee who is or will be employed by, and report directly to, the legislative body of the local agency be ratified in an open session of the legislative body after prescribed information regarding the contract or amendment to the contract is made available in a conspicuous location on the local agency's Internet Web site, if it maintains one, and in a location that is freely accessible to the public, no later than 5 days prior to the meeting to ratify the contract or amend the contract. By expanding the duties of local officials, these provisions would impose a state-mandated local program. This bill would also specify that final action on the proposed compensation of one or more unrepresented employees who are to be employed by, and report directly to, the legislative body of the local agency only be taken in open session, consistent with the prescribed disclosure requirements. By expanding the duties of local officials, these provisions would impose a state-mandated local program. (4) The bill would express a legislative finding and declaration that, to ensure the statewide integrity of local government, disclosure of compensation paid to officers and designated employees is an issue of statewide concern and not a municipal affair and that, therefore, all cities, including charter cities, would be subject to the provisions of the bill. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. (6) This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 1955?
AB 1955 is sponsored by Block, Portantino, Correa, De La Torre, Eng, Feuer, Gatto, Ma, Norby, and Solorio.
What is the current status of AB 1955?
This bill died with 2009-2010 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 AB 1955?
Track AB 1955 free on One Click Politics — get push/email alerts when it moves.

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