California 2009-2010 Regular Session Status: To Executive

SB 866 — Local government finance: state-mandated reimbursement receivables.

Last action — Died on file.

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

This bill died with 2009-2010 Regular Session. It reached “To Executive” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

The California Constitution requires that whenever the Legislature or any state agency mandates a new program or higher level of service on any local government, the state provide a subvention of funds to reimburse that local government for the costs of the program or increased level of service, except as specified. Existing law also provides that, with respect to payable claims for costs incurred prior to the 2004–05 fiscal year that have not been paid prior to the 2005–06 fiscal year, those claims may be paid over a term of years, as prescribed. The Marks-Roos Local Bond Pooling Act of 1985 defines the term "authority" and authorizes joint powers authorities to, among other things, purchase, with the proceeds of bonds or its revenue, a local agency's right to receive moneys in repayment of its revenue losses (VLF or Proposition 1A receivables) resulting from this modification of ad valorem property tax revenue allocations. Existing law authorizes a local agency subject to this reduction to sell any of these receivables to the authority. This bill would additionally authorize a joint powers authority to purchase, with the proceeds of its bonds or its revenue and subject to the same criteria, the right of a local agency, as defined, to receive certain subvention moneys for reimbursement for the costs of a new program or higher level of service, which would be known as local mandate claim receivables, and afford a local agency the opportunity to sell these receivables to the authority. The bill would authorize a civil action to determine the validity of any bonds issued to finance bond purchases or the purchase of receivables, as specified. Existing law requires that the total amount due to each city, county, city and county, and special district, for which the state has determined, as of June 30, 2005, that reimbursement is required under the California Constitution, shall be appropriated for payment to these entities over a period of not more than 15 years, commencing with the Budget Act for the 2006–07 fiscal year and concluding with the 2020–21 fiscal year. The bill would require the Controller to prepare a list of reimbursement claims and related interest applied for and approved for specified local entities. The bill would also schedule the amount to be repaid, with interest, and continuously appropriate those amounts to each local entity, as prescribed. The bill would provide for the payment of interest on these claims, as specified. The bill would require the Controller to include specified information regarding reimbursement claims sold by local agencies in the Controller's report submitted to the Joint Legislative Budget Committee. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Died on file.

  2. In Senate. To unfinished business. (Veto)

  3. Vetoed by Governor.

  4. Enrolled. To Governor at 11:45 a.m.

  5. Senate concurs in Assembly amendments. (Ayes 29. Noes 4. Page 5254.) To enrollment.

  6. Urgency clause adopted.

  7. In Senate. To unfinished business.

  8. Read third time. Urgency clause adopted. Passed. (Ayes 57. Noes 18. Page 7161.) To Senate.

  9. Read third time. Amended. (Ayes 46. Noes 25. Page 7116.) To third reading.

  10. Read second time. To third reading.

  11. Placed on second reading file.

  12. In Assembly. Read first time. Held at Desk.

  13. Read third time. Passed. (Ayes 24. Noes 5. Page 3271.) To Assembly.

  14. Read second time. To third reading.

  15. Placed on second reading file.

  16. Withdrawn from committee.

  17. To Com. on RLS.

  18. From print. May be acted upon on or after February 11.

  19. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Committee on Budget and Fiscal Review · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Committee on Budget and Fiscal Review

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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 SB866 Committee on B. & F.R. (Ducheny) Urgency Clause

Passed 30 Yea · 4 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 28306
Democratic 2000
Republican 0100
Total 30406
% of votes cast 75%10%0%15%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Not Voting
Corbett — Yea
Correa — Yea
Ducheny — Yea
Dutton — Yea
Florez — Yea
Hancock — Yea
Hollingsworth — Yea
Huff — Not Voting
Leno — Yea
Liu — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
McLeod — Yea
Pavley — Yea
Alquist — Yea
Ashburn — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Wright — Not Voting
Aanestad — Not Voting
Blakeslee — Yea
Harman — Yea
Kehoe — Yea
Oropeza — Not Voting
Wiggins — Not Voting
Wyland — Nay
Emmerson — Yea
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

SB 866 B.& F. R. Third Reading Urgency Amend By BLUMENFIELD Set #1

Passed 49 Yea · 27 Nay · 14 Other
Party YeaNayPresentNot Voting
Unaffiliated 4625013
Democratic 3000
Republican 0201
Total 4927014
% of votes cast 54%30%0%16%
How each member voted (90)
Member Party Vote
Carter — Yea
Feuer — Yea
Fuentes — Yea
Chesbro — Yea
Coto — Yea
Davis — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
Fong — Yea
Beall — Yea
Block — Yea
Bonnie — Yea
Lowenthal — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Conway — Not Voting
Bill — Nay
Fletcher — Nay
Audra — Nay
Tom — Not Voting
Fuller — Nay
De — Not Voting
Leon — Not Voting
V. — Not Voting
Manuel — Not Voting
Perez — Not Voting
Portantino — Not Voting
Furutani — Not Voting
Garrick — Nay
Gilmore — Nay
Hagman — Nay
Anderson — Nay
Hall — Yea
Hayashi — Yea
Hernandez — Not Voting
Huber — Yea
Huffman — Yea
Knight — Nay
Lieu — Yea
Logue — Nay
Mendoza — Yea
Monning — Yea
Nava — Yea
Norby — Nay
Ruskin — Yea
Silva — Nay
Smyth — Nay
Solorio — Yea
Torlakson — Yea
Torres — Not Voting
Tran — Nay
Villines — Nay
Adams — Nay
Ammiano — Yea
Bass — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Hill — Yea
Jeffries — Nay
Ma — Yea
Miller — Nay
Nestande — Nay
Nielsen — Nay
Skinner — Yea
Swanson — Yea
Torrico — Yea
Cook — Nay
Eng — Yea
Evans — Yea
DeVore — Nay
Yamada — Yea
Galgiani — Not Voting
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Not Voting
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

SB 866 B.& F. R. Third Reading Urgency By BLUMENFIELD

Passed 66 Yea · 19 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 611805
Democratic 3000
Republican 2100
Total 661905
% of votes cast 73%21%0%6%
How each member voted (90)
Member Party Vote
Carter — Yea
Chesbro — Yea
Cook — Yea
Coto — Yea
Feuer — Yea
Fuentes — Yea
Galgiani — Yea
Garrick — Yea
Charles — Yea
Gatto — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Salas — Yea
Saldana — Yea
Bass — Yea
Beall — Yea
Davis — Yea
Huber — Yea
Lieu — Yea
Mendoza — Yea
Monning — Yea
Nestande — Yea
Ruskin — Yea
Skinner — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Nay
Bill — Not Voting
Tom — Not Voting
Portantino — Not Voting
Conway — Nay
Fuller — Nay
Gilmore — Nay
Harkey — Nay
Jeffries — Nay
Anderson — Nay
Miller — Nay
Silva — Nay
Smyth — Nay
Torlakson — Yea
Torres — Yea
Tran — Nay
Villines — Nay
Adams — Nay
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Huffman — Yea
Knight — Nay
Logue — Nay
Ma — Yea
Nava — Yea
Nielsen — Yea
Norby — Nay
Solorio — Yea
Swanson — Yea
Torrico — Yea
Eng — Yea
Evans — Yea
DeVore — Nay
Yamada — Yea
Furutani — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Nay

Official roll call →

Senate 3rd Reading SB866 Committee on B. & F.R. (Ducheny)

Passed 25 Yea · 5 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 234010
Democratic 2000
Republican 0100
Total 255010
% of votes cast 63%13%0%25%
How each member voted (40)
Member Party Vote
Yee — Yea
Alquist — Yea
Ashburn — Nay
Cogdill — Not Voting
Corbett — Yea
Ducheny — Yea
Dutton — Nay
Hancock — Yea
Hollingsworth — Not Voting
Kehoe — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Oropeza — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Wright — Yea
Wyland — Nay
Lowenthal — Yea
Negrete — Yea
Runner — Not Voting
Aanestad — Not Voting
Harman — Not Voting
Huff — Not Voting
Maldonado — Not Voting
Price — Yea
Wiggins — Not Voting
Cedillo — Yea
Correa — Yea
Cox — Not Voting
DeSaulnier — Yea
Denham — Not Voting
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

taxation finance
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Frequently asked questions

What does SB 866 do?
The California Constitution requires that whenever the Legislature or any state agency mandates a new program or higher level of service on any local government, the state provide a subvention of funds to reimburse that local government for the costs of the program or increased level of service, except as specified. Existing law also provides that, with respect to payable claims for costs incurred prior to the 2004–05 fiscal year that have not been paid prior to the 2005–06 fiscal year, those claims may be paid over a term of years, as prescribed. The Marks-Roos Local Bond Pooling Act of 1985 defines the term "authority" and authorizes joint powers authorities to, among other things, purchase, with the proceeds of bonds or its revenue, a local agency's right to receive moneys in repayment of its revenue losses (VLF or Proposition 1A receivables) resulting from this modification of ad valorem property tax revenue allocations. Existing law authorizes a local agency subject to this reduction to sell any of these receivables to the authority. This bill would additionally authorize a joint powers authority to purchase, with the proceeds of its bonds or its revenue and subject to the same criteria, the right of a local agency, as defined, to receive certain subvention moneys for reimbursement for the costs of a new program or higher level of service, which would be known as local mandate claim receivables, and afford a local agency the opportunity to sell these receivables to the authority. The bill would authorize a civil action to determine the validity of any bonds issued to finance bond purchases or the purchase of receivables, as specified. Existing law requires that the total amount due to each city, county, city and county, and special district, for which the state has determined, as of June 30, 2005, that reimbursement is required under the California Constitution, shall be appropriated for payment to these entities over a period of not more than 15 years, commencing with the Budget Act for the 2006–07 fiscal year and concluding with the 2020–21 fiscal year. The bill would require the Controller to prepare a list of reimbursement claims and related interest applied for and approved for specified local entities. The bill would also schedule the amount to be repaid, with interest, and continuously appropriate those amounts to each local entity, as prescribed. The bill would provide for the payment of interest on these claims, as specified. The bill would require the Controller to include specified information regarding reimbursement claims sold by local agencies in the Controller's report submitted to the Joint Legislative Budget Committee. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors SB 866?
SB 866 is sponsored by Committee on Budget and Fiscal Review.
What is the current status of SB 866?
This bill died with 2009-2010 Regular Session. It reached “To Executive” 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 SB 866?
Track SB 866 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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