California 2009-2010 Regular Session Status: To Executive

SB 85 — Local government finance.

Last action — Chaptered by Secretary of State. Chapter 5, Statutes of 2010.

  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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Existing property tax law requires the county auditor, in each fiscal year, to allocate property tax revenues to local jurisdictions in accordance with specified formulas and procedures, and generally requires that each jurisdiction be allocated an amount equal to the total of the amount of revenue allocated to that jurisdiction in the prior fiscal year, subject to certain modifications, and that jurisdiction's portion of the annual tax increment, as defined. Existing property tax law also reduces the amounts of ad valorem property tax revenue that would otherwise be annually allocated to the county, cities, and special districts pursuant to these general allocation requirements by requiring, for purposes of determining property tax revenue allocations in each county for the 1992–93 and 1993–94 fiscal years, that the amounts of property tax revenue deemed allocated in the prior fiscal year to the county, cities, and special districts be reduced in accordance with certain formulas. It requires that the revenues not allocated to the county, cities, and special districts as a result of these reductions be transferred to the Educational Revenue Augmentation Fund in that county for allocation to school districts, community college districts, and the county office of education. This bill would, for purposes of property tax revenue allocations for the 2011–12 and 2012–13 fiscal years, require the county auditor for a county for which a negative sum was calculated pursuant to a specified former statute, in reducing the amount of property tax revenue otherwise allocated to the county by an amount attributable to that negative sum, to apply a reduction amount equal to the reduction amount determined for specified fiscal years. This bill would also, for the 2011–12 fiscal year and for each fiscal year thereafter, require the auditor of a qualified county, as defined, to increase the total amount of ad valorem property tax revenue otherwise required to be allocated to that county by the county equity amount, as defined, and to commensurately reduce the total amount of ad valorem property tax revenue otherwise required to be allocated to school entities in the county, as specified. By imposing new duties in the annual allocation of ad valorem property tax revenues, the bill would impose a state-mandated local program. 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 no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 5, Statutes of 2010.

  2. Approved by Governor.

  3. Enrolled. To Governor at 11:30 a.m.

  4. Senate concurs in Assembly amendments. (Ayes 35. Noes 0. Page 2796.) To enrollment.

  5. From committee: That the Assembly amendments be concurred in. (Ayes 5. Noes 0. Page 2792.)

  6. Set for hearing February 10.

  7. From committee: Be re-referred to Com. on L. GOV. pursuant to Senate Rule 29.10. (Ayes 5. Noes 0. Page 2757.) Re-referred to Com. on L. GOV.

  8. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.

  9. In Senate. To unfinished business.

  10. Read third time. Passed. (Ayes 71. Noes 0. Page 3891.) To Senate.

  11. Read third time. Amended. (Page 3551.) To third reading.

  12. Placed on third reading.

  13. Action rescinded whereby the bill was read a third time, passed, and ordered to the Senate.

  14. In Assembly.

  15. Returned to Assembly for further action.

  16. In Senate. To unfinished business.

  17. Read third time. Passed. (Ayes 77. Noes 1. Page 3360.) To Senate.

  18. Read second time.

  19. Read second time. Amended. To second reading.

  20. (Heard in committee on September 10.)

  21. From committee: Do pass as amended. (Ayes 15. Noes 0.)

  22. Re-referred to Com. On APPR. pursuant to Assembly Rule 77.2.

  23. Read third time. Amended. (Page 3040.)

  24. From inactive file to third reading file.

  25. Notice of motion to remove from inactive file given by Assembly Member Torrico.

  26. Placed on inactive file on request of Assembly Member Krekorian.

  27. Read second time. To third reading.

  28. Placed on second reading file.

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

  30. Read third time. Passed. (Ayes 22. Noes 14. Page 516.) To Assembly.

  31. Read second time. To third reading.

  32. Placed on second reading file.

  33. Withdrawn from committee.

  34. To Com. on RLS.

  35. Read first time.

  36. From print. May be acted upon on or after February 20.

  37. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Cogdill · Primary
  • Denham · Cosponsor
  • Wolk · Cosponsor
  • Yamada · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 3 co-sponsors · 118 not signed on · 1 voted No

Sponsors (1)

  • Cogdill

Co-sponsors (3)

  • Denham
  • Wolk
  • Yamada

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"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

Unfinished Business SB85 Cogdill

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Democratic 2000
Republican 1000
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Yee — Not Voting
Cedillo — Yea
Cogdill — Yea
Wyland — Yea
Ducheny — Yea
Dutton — Yea
Hancock — Not Voting
Harman — Yea
Kehoe — Yea
Leno — Yea
Liu — Not Voting
Lowenthal — Yea
Negrete — Yea
Runner — Yea
McLeod — Yea
Ashburn — Yea
Oropeza — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Yea
Wolk — Yea
Aanestad — Yea
Alquist — Yea
Hollingsworth — Yea
Huff — Yea
Maldonado — Yea
Price — Not Voting
Walters — Yea
Wright — Yea
Corbett — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 85 Cogdill Senate Third Reading By YAMADA

Passed 81 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 75009
Democratic 3000
Republican 3000
Total 81009
% of votes cast 90%0%0%10%
How each member voted (90)
Member Party Vote
Hall — Not Voting
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Tom — Yea
Eng — Yea
Evans — Yea
Fuentes — Yea
Fuller — Yea
Charles — Yea
Galgiani — Yea
Garrick — Yea
Hagman — Yea
Hayashi — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hernandez — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Anderson — Yea
Beall — Yea
Davis — Yea
Huber — Yea
Huffman — Yea
Knight — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Ruskin — Yea
Audra — Yea
V. — Not Voting
Manuel — Not Voting
Perez — Not Voting
Carter — Not Voting
Bass — Not Voting
Monning — Not Voting
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Not Voting
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Ammiano — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Bradford — Not Voting
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Jeffries — Yea
Logue — Yea
Ma — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Yea
Feuer — Yea
DeVore — Yea
Yamada — Yea
Furutani — Yea
Gilmore — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
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 Yea

Official roll call →

SB 85 Cogdill Senate Third Reading By HAYASHI

Passed 89 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 83101
Democratic 3000
Republican 3000
Total 89101
% of votes cast 98%1%0%1%
How each member voted (91)
Member Party Vote
Hagman — Yea
Carter — Yea
Eng — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Feuer — Yea
Fuller — Yea
Furutani — Yea
Galgiani — Yea
Garrick — Yea
Charles — Yea
Hall — Yea
Harkey — Yea
Hayashi — Yea
Hernandez — Yea
Hill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Huber — Yea
Fletcher — Yea
Fong — Yea
Ammiano — Yea
Anderson — Yea
Blakeslee — Yea
Coto — Yea
Davis — Yea
DeVore — Yea
Huffman — Yea
Yamada — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Audra — Yea
Saldana — Not Voting
Bass — Yea
Knight — Yea
Krekorian — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Jeffries — Yea
Lieu — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Solorio — Yea
Torres — Yea
Villines — Yea
Emmerson — Yea
Evans — Nay
Fuentes — Yea
Gilmore — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
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 Yea

Official roll call →

Do pass as amended.

Passed 18 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 16003
Democratic 1000
Republican 1000
Total 18003
% of votes cast 86%0%0%14%
How each member voted (21)
Member Party Vote
Hall — Yea
Charles — Yea
De — Yea
Leon — Yea
Audra — Yea
John — Not Voting
A. — Not Voting
Perez — Not Voting
Fuentes — Yea
Harkey — Yea
Miller — Yea
Nielsen — Yea
Conway — Yea
Coto — Yea
Solorio — Yea
Torlakson — Yea
Ammiano — Yea
Skinner — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Senate 3rd Reading SB85 Committee on B. & F.R. (Ducheny)

Passed 23 Yea · 14 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 211302
Democratic 2001
Republican 0100
Total 231403
% of votes cast 58%35%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Not Voting
Walters — Nay
Harman — Nay
Hollingsworth — Nay
Negrete — Yea
Cogdill — Nay
Kehoe — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Runner — Nay
Alquist — Yea
Benoit — Nay
Corbett — Yea
Ducheny — Yea
Dutton — Nay
Oropeza — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Yea
Wolk — Yea
Wright — Yea
Aanestad — Nay
Ashburn — Nay
Huff — Nay
Maldonado — Not Voting
Wyland — Nay
Correa — Yea
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Not Voting
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

taxation education
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Frequently asked questions

What does SB 85 do?
Existing property tax law requires the county auditor, in each fiscal year, to allocate property tax revenues to local jurisdictions in accordance with specified formulas and procedures, and generally requires that each jurisdiction be allocated an amount equal to the total of the amount of revenue allocated to that jurisdiction in the prior fiscal year, subject to certain modifications, and that jurisdiction's portion of the annual tax increment, as defined. Existing property tax law also reduces the amounts of ad valorem property tax revenue that would otherwise be annually allocated to the county, cities, and special districts pursuant to these general allocation requirements by requiring, for purposes of determining property tax revenue allocations in each county for the 1992–93 and 1993–94 fiscal years, that the amounts of property tax revenue deemed allocated in the prior fiscal year to the county, cities, and special districts be reduced in accordance with certain formulas. It requires that the revenues not allocated to the county, cities, and special districts as a result of these reductions be transferred to the Educational Revenue Augmentation Fund in that county for allocation to school districts, community college districts, and the county office of education. This bill would, for purposes of property tax revenue allocations for the 2011–12 and 2012–13 fiscal years, require the county auditor for a county for which a negative sum was calculated pursuant to a specified former statute, in reducing the amount of property tax revenue otherwise allocated to the county by an amount attributable to that negative sum, to apply a reduction amount equal to the reduction amount determined for specified fiscal years. This bill would also, for the 2011–12 fiscal year and for each fiscal year thereafter, require the auditor of a qualified county, as defined, to increase the total amount of ad valorem property tax revenue otherwise required to be allocated to that county by the county equity amount, as defined, and to commensurately reduce the total amount of ad valorem property tax revenue otherwise required to be allocated to school entities in the county, as specified. By imposing new duties in the annual allocation of ad valorem property tax revenues, the bill would impose a state-mandated local program. 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 no reimbursement is required by this act for a specified reason.
Who sponsors SB 85?
SB 85 is sponsored by Cogdill, Denham, Wolk, and Yamada.
What is the current status of SB 85?
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 85?
Track SB 85 free on One Click Politics — get push/email alerts when it moves.

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