AB 155 — Local government: bankruptcy proceedings.
Last action — Died on Senate third reading file.
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✓Introduced
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✓In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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
Under existing law, any taxing agency or instrumentality of the state may file a petition and prosecute to completion bankruptcy proceedings permitted under the laws of the United States. This bill would provide that a local public entity may only file under federal bankruptcy law with the approval of the California Debt and Investment Advisory Commission, except as specified. The bill would also provide an alternative procedure for a local entity to file under federal bankruptcy law by submitting specific analyses regarding its financial position to the State Auditor who would be required to audit the analyses and financial position of the local entity. The bill would make the local public entity responsible for the costs of the audit, as specified. The public entity would be authorized to file a petition under federal bankruptcy law after the State Auditor has notified the public entity of completion of its audit work and made public the findings of that audit.
Bill Text
- Amended 08/31/10 - Amended Senate Current pdf August 31, 2010
- Amended 08/20/10 - Amended Senate pdf August 20, 2010
- Amended 06/01/10 - Amended Senate pdf June 01, 2010
- Amended 05/20/10 - Amended Senate pdf May 20, 2010
- Amended 07/01/09 - Amended Senate pdf July 01, 2009
- Amended 06/01/09 - Amended Assembly pdf June 01, 2009
- Amended 03/27/09 - Amended Assembly pdf March 27, 2009
- Introduced 01/26/09 - Introduced pdf January 26, 2009
- AB155 View text html
Action History
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Died on Senate third reading file.
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Read second time and amended. Ordered to third reading.
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From committee: Amend, and do pass as amended. (Ayes 3. Noes 2.) (August 31).
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(Ayes 21. Noes 13. Page 5083.)
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Senate Rule 29.3(b) suspended.
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Re-referred to Com. on RLS.
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Ordered to third reading.
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From committee: Return to Senate floor for consideration. (Ayes 6. Noes 4.)
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In committee: Testimony taken. Hearing postponed by committee.
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From committee: That pursuant to Senate Rule 29.10, the measure be re-referred to the Com. on APPR pursuant to Joint Rule 10.5. (Ayes 3. Noes 1.) Re-referred to Com. on APPR.
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From committee: Be re-referred to Com. on L. GOV. pursuant to Senate Rule 29.10. (Ayes 3. Noes 0.) Re-referred to Com. on L. GOV.
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Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.
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Read second time. To third reading.
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Read third time, amended. To second reading.
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Read second time. To third reading.
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To second reading.
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From inactive file.
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To inactive file on motion of Senator DeSaulnier.
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Read second time and amended. Ordered to third reading.
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From committee: Amend, and do pass as amended. (Ayes 6. Noes 4.) (May 27).
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In committee: Placed on APPR suspense file.
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From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
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From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 3. Noes 2.) (April 19).
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Joint Rule 62(a), file notice suspended. (Page 3209.)
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In committee: Hearing postponed by committee.
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In committee: Set, first hearing. Testimony taken. Further hearing to be set.
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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.
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Referred to Com. on L. GOV.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time, passed, and to Senate. (Ayes 47. Noes 25. Page 2030.)
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Read second time. To third reading.
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Read second time and amended. Ordered returned to second reading.
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From committee: Amend, and do pass as amended. (Ayes 12. Noes 5.) (May 28).
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In committee: Set, first hearing. Referred to APPR. suspense file.
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From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 4. Noes 3.) (April 22).
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Re-referred to Com. on L. GOV.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.
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Referred to Com. on L. GOV.
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From printer. May be heard in committee February 26.
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Read first time. To print.
Sponsors
- Brownley · Cosponsor
- De Leon · Cosponsor
- John A. Perez · Cosponsor
- V. Manuel Perez · Cosponsor
- Coto · Cosponsor
- DeSaulnier · Cosponsor
- Fuentes · Cosponsor
- Furutani · Cosponsor
- Lieu · Cosponsor
- Liu · Cosponsor
- Ma · Cosponsor
- Mendoza · Primary
- Nava · Cosponsor
- Price · Cosponsor
- Torrico · Cosponsor
- Wiggins · Cosponsor
- Yamada · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 16 co-sponsors · 105 not signed on · 4 voted No
Sponsors (1)
- Mendoza
Co-sponsors (16)
- Brownley
- De Leon
- John A. Perez
- V. Manuel Perez
- Coto
- DeSaulnier
- Fuentes
- Furutani
- Lieu
- Liu
- Ma
- Nava
- Price
- Torrico
- Wiggins
- Yamada
Not signed on (105)
105 members have not signed on to this bill.
Show all 105 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 4 | 0 | 1 |
| Total | 6 | 4 | 0 | 1 |
| % of votes cast | 55% | 36% | 0% | 9% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Yee | — | Yea |
| Wyland | — | Nay |
| Price | — | Yea |
| Walters | — | Nay |
| Wolk | — | Not Voting |
| Alquist | — | Yea |
| Ashburn | — | Nay |
| Kehoe | — | Yea |
| Leno | — | Yea |
| Corbett | — | Yea |
| Emmerson | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 3 | 1 | 0 | 0 |
| Total | 3 | 1 | 0 | 0 |
| % of votes cast | 75% | 25% | 0% | 0% |
How each member voted (4)
| Member | Party | Vote |
|---|---|---|
| Price | — | Yea |
| Aanestad | — | Nay |
| Kehoe | — | Yea |
| DeSaulnier | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 4 | 0 | 1 |
| Total | 6 | 4 | 0 | 1 |
| % of votes cast | 55% | 36% | 0% | 9% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Yee | — | Yea |
| Leno | — | Yea |
| Alquist | — | Yea |
| Wolk | — | Nay |
| Kehoe | — | Yea |
| Price | — | Yea |
| Walters | — | Nay |
| Wyland | — | Nay |
| Corbett | — | Yea |
| Cox | — | Not Voting |
| Denham | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 10 | 0 | 0 | 1 |
| Total | 10 | 0 | 0 | 1 |
| % of votes cast | 91% | 0% | 0% | 9% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Yee | — | Yea |
| Wyland | — | Yea |
| Kehoe | — | Yea |
| Leno | — | Yea |
| Price | — | Not Voting |
| Alquist | — | Yea |
| Walters | — | Yea |
| Wolk | — | Yea |
| Corbett | — | Yea |
| Cox | — | Yea |
| Denham | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 3 | 2 | 0 | 0 |
| Total | 3 | 2 | 0 | 0 |
| % of votes cast | 60% | 40% | 0% | 0% |
How each member voted (5)
| Member | Party | Vote |
|---|---|---|
| Cox | — | Nay |
| Kehoe | — | Yea |
| Price | — | Yea |
| Aanestad | — | Nay |
| DeSaulnier | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 53 | 23 | 0 | 10 |
| Democratic | 2 | 1 | 0 | 0 |
| Republican | 1 | 2 | 0 | 0 |
| Total | 56 | 26 | 0 | 10 |
| % of votes cast | 61% | 28% | 0% | 11% |
How each member voted (92)
| Member | Party | Vote |
|---|---|---|
| Hagman | — | Not Voting |
| Hall | — | Yea |
| Carter | — | Yea |
| Chesbro | — | Yea |
| Evans | — | Yea |
| Feuer | — | Yea |
| Furutani | — | Yea |
| Charles | — | Yea |
| Galgiani | — | Yea |
| De | — | Yea |
| La | — | Yea |
| Torre | — | Yea |
| De | — | Yea |
| Leon | — | Yea |
| Fong | — | Yea |
| Bonnie | — | Yea |
| Lowenthal | — | Yea |
| V. | — | Yea |
| Manuel | — | Yea |
| Perez | — | Yea |
| John | — | Yea |
| A. | — | Yea |
| Perez | — | Yea |
| Portantino | — | Yea |
| Salas | — | Yea |
| Saldana | — | Yea |
| Beall | — | Yea |
| Coto | — | Yea |
| Hernandez | — | Yea |
| Hill | — | Yea |
| Huffman | — | Yea |
| Krekorian | — | Yea |
| Lieu | — | Yea |
| Ma | — | Yea |
| Monning | — | Yea |
| Nava | — | Yea |
| Price | — | Yea |
| Skinner | — | Yea |
| Solorio | — | Yea |
| Fletcher | — | Nay |
| Audra | — | Nay |
| Bill | — | Not Voting |
| Tom | — | Not Voting |
| Garrick | — | Nay |
| Gilmore | — | Not Voting |
| Conway | — | Nay |
| Harkey | — | Nay |
| Jeffries | — | Nay |
| Knight | — | Nay |
| Cook | — | Not Voting |
| Logue | — | Nay |
| Nestande | — | Nay |
| Silva | — | Nay |
| Smyth | — | Nay |
| Anderson | — | Nay |
| Bass | — | Yea |
| Blakeslee | — | Nay |
| Duvall | — | Nay |
| Torlakson | — | Yea |
| Torres | — | Yea |
| Torrico | — | Yea |
| Tran | — | Nay |
| Villines | — | Nay |
| Adams | — | Nay |
| Ammiano | — | Yea |
| Block | — | Not Voting |
| Blumenfield | — | Yea |
| Brownley | — | Yea |
| Buchanan | — | Yea |
| Hayashi | — | Yea |
| Huber | — | Yea |
| Mendoza | — | Yea |
| Miller | — | Nay |
| Nielsen | — | Nay |
| Ruskin | — | Yea |
| Swanson | — | Yea |
| Emmerson | — | Nay |
| Eng | — | Yea |
| Davis | — | Not Voting |
| DeVore | — | Nay |
| Yamada | — | Not Voting |
| Fuentes | — | Yea |
| Fuller | — | Nay |
| Beth Gaines | — | Nay |
| Bill Berryhill | — | Not Voting |
| Bill Berryhill | — | Not Voting |
| Arambula, Joaquin | Democratic | Nay |
| Caballero, Anna M. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Jones, Brian W. | Republican | Yea |
| Niello, Roger W. | Republican | Nay |
| Strickland, Tony | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 5 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 16 | 6 | 0 | 0 |
| % of votes cast | 73% | 27% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Hall | — | Yea |
| Charles | — | Yea |
| Fuentes | — | Yea |
| De | — | Yea |
| Leon | — | Yea |
| John | — | Yea |
| A. | — | Yea |
| Perez | — | Yea |
| Audra | — | Nay |
| Harkey | — | Nay |
| Duvall | — | Nay |
| Krekorian | — | Yea |
| Miller | — | Nay |
| Price | — | Yea |
| Skinner | — | Yea |
| Ammiano | — | Yea |
| Nielsen | — | Nay |
| Solorio | — | Yea |
| Torlakson | — | Yea |
| Davis | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Strickland, Tony | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 3 | 2 | 0 | 0 |
| Democratic | 1 | 1 | 0 | 0 |
| Total | 4 | 3 | 0 | 0 |
| % of votes cast | 57% | 43% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Krekorian | — | Yea |
| Duvall | — | Nay |
| Skinner | — | Yea |
| Knight | — | Nay |
| Davis | — | Yea |
| Arambula, Joaquin | Democratic | Nay |
| Caballero, Anna M. | Democratic | Yea |
Subjects
Frequently asked questions
- What does AB 155 do?
- Under existing law, any taxing agency or instrumentality of the state may file a petition and prosecute to completion bankruptcy proceedings permitted under the laws of the United States. This bill would provide that a local public entity may only file under federal bankruptcy law with the approval of the California Debt and Investment Advisory Commission, except as specified. The bill would also provide an alternative procedure for a local entity to file under federal bankruptcy law by submitting specific analyses regarding its financial position to the State Auditor who would be required to audit the analyses and financial position of the local entity. The bill would make the local public entity responsible for the costs of the audit, as specified. The public entity would be authorized to file a petition under federal bankruptcy law after the State Auditor has notified the public entity of completion of its audit work and made public the findings of that audit.
- Who sponsors AB 155?
- AB 155 is sponsored by Brownley, De Leon, John A. Perez, V. Manuel Perez, Coto, DeSaulnier, Fuentes, Furutani, Lieu, Liu, Ma, Mendoza, Nava, Price, Torrico, Wiggins, and Yamada.
- What is the current status of AB 155?
- 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 155?
- Track AB 155 free on One Click Politics — get push/email alerts when it moves.
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