California 2011-2012 Regular Session Status: Passed Senate

SB 186 — The Controller.

Last action — Set, second hearing. Held in committee and under submission.

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

This bill died with 2011-2012 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 requires the officer of each local agency who has charge of the financial records of the agency to furnish to the Controller a report of all the financial transactions of the local agency during the next preceding fiscal year within 90 days of the close of each fiscal year, as specified. Existing law defines local agency, for purposes of these financial reports to mean any city, county, district, and specified community redevelopment agencies. This bill would also include within the definition of local agency any joint powers agency and would require that joint powers agency to furnish the Controller with the required financial reports. (2) Existing law requires the Controller to annually compile and publish reports of the financial transactions of each county, city, and school district within the state, together with other matters he or she deems of public interest. This bill would additionally require the Controller to annually compile and publish reports of the financial transactions of each joint powers agency. (3) Existing law provides that if the county, city, or district reports are not made in a specified manner, or there is reason to believe that the report is false, the Controller is required to appoint a qualified accountant to make an investigation and to obtain the information required for the annual report of financial transactions. Existing law provides that if a similar investigation is made of any county, city, or district for 2 successive years, then a copy of the results of those investigations shall be transmitted to the grand jury of the county investigated or in which the local agency investigated is situated. Existing law requires any costs incurred by the Controller in carrying out those audits to be paid by the local agency. This bill would expand the above provisions to also include a special district or joint powers authority. This bill would also, until January 1, 2017, authorize the Controller to perform an audit or investigation of any county, city, special district, or joint powers authority, if the Controller has made findings that the local agency is not complying with the financial requirements in state law, state grant agreements, local charters, or local ordinances and require the Controller to prepare and file a report of the results of the audit or investigation, as specified. This bill would require that, until January 1, 2017, if the results of those audits determine that the financial report filed by the local agency did not contain false, incomplete, or incorrect information, then the Controller shall waive the costs of the investigation, and would authorize the Controller to establish a payment program to assist a local agency to pay for any costs that cannot be waived. This bill would additionally authorize the Controller, if requested by a local agency,. to convene a local agency financial review committee with a specified membership to provide assistance in reviewing and assessing its financial condition, as specified. (4) Existing law provides that an officer of a local agency who fails or refuses to make and file his or her financial report within 20 days after receipt of a written notice of the failure from the Controller forfeits to the state a specified amount depending on the amount of total revenue of that local agency. Existing law raises these amounts in the case of a community redevelopment agency and a joint powers agency that issues conduit revenue bonds in the 2nd and 3rd consecutive year. This bill would raise the forfeiture amounts for all local agencies, as specified. The bill would double these fines if the agency fails to submit the report to the Controller for 2 consecutive years, and would triple the fines if the agency fails to submit the report to the Controller for 3 consecutive years. The bill would also require the Controller to conduct an audit, as specified, of the local agency if the local agency fails to provide the financial reports for 3 consecutive years.

Bill Text

Action History

  1. Set, second hearing. Held in committee and under submission.

  2. Set, first hearing. Referred to APPR. suspense file.

  3. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 27). Re-referred to Com. on APPR.

  4. From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV.

  5. Set, first hearing. Hearing canceled at the request of author.

  6. From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV.

  7. Set, first hearing. Failed passage in committee. Reconsideration granted.

  8. Referred to Com. on L. GOV.

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

  10. Read third time. Passed. (Ayes 27. Noes 11. Page 1273.) Ordered to the Assembly.

  11. Read second time and amended. Ordered to third reading.

  12. From committee: Do pass as amended. (Ayes 6. Noes 2. Page 1113.) (May 26).

  13. Set for hearing May 26.

  14. Placed on APPR. suspense file.

  15. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  16. Set for hearing April 11.

  17. Read second time and amended. Re-referred to Com. on APPR.

  18. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 359.) (March 16).

  19. From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F.

  20. Set for hearing March 16.

  21. Referred to Com. on GOV. & F.

  22. From printer. May be acted upon on or after March 10.

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

Sponsors

  • Alejo · Cosponsor
  • DeSaulnier · Cosponsor
  • Kehoe · Primary
  • Lara · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Kehoe

Co-sponsors (3)

  • Alejo
  • DeSaulnier
  • Lara

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

Set first hearing. Failed passage. Reconsideration granted.

Passed 7 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 7002
Total 7002
% of votes cast 78%0%0%22%
How each member voted (9)
Member Party Vote
Campos — Yea
Gordon — Yea
Hueso — Yea
Knight — Yea
Smyth — Yea
Alejo — Yea
Bradford — Not Voting
Norby — Yea
Davis — Not Voting

Official roll call →

Do pass and be re-referred to the Committee on Appropriations.

Failed 0 Yea · 2 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 0207
Total 0207
% of votes cast 0%22%0%78%
How each member voted (9)
Member Party Vote
Campos — Not Voting
Gordon — Not Voting
Hueso — Not Voting
Knight — Nay
Norby — Nay
Smyth — Not Voting
Alejo — Not Voting
Bradford — Not Voting
Davis — Not Voting

Official roll call →

3rd Reading

Passed 27 Yea · 11 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 241102
Republican 1000
Democratic 2000
Total 271102
% of votes cast 68%28%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Nay
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Cannella — Not Voting
Fuller — Nay
Runner — Not Voting
Dutton — Nay
Hancock — Yea
Hernandez — Yea
Kehoe — Yea
Anderson — Nay
Blakeslee — Yea
Leno — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Vargas — Yea
Walters — Nay
Wolk — Yea
Wright — Yea
Alquist — Yea
Harman — Nay
Huff — Nay
Lieu — Yea
Steinberg — Yea
Corbett — Yea
Emmerson — Nay
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 6 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6201
Total 6201
% of votes cast 67%22%0%11%
How each member voted (9)
Member Party Vote
Runner — Nay
Price — Yea
Alquist — Yea
Kehoe — Yea
Lieu — Yea
Pavley — Yea
Steinberg — Yea
Walters — Nay
Emmerson — Not Voting

Official roll call →

Placed on Appropriations Suspense file.

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Runner — Yea
Pavley — Yea
Price — Yea
Walters — Yea
Alquist — Yea
Kehoe — Yea
Lieu — Not Voting
Steinberg — Yea
Emmerson — Yea

Official roll call →

Subjects

finance
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Frequently asked questions

What does SB 186 do?
(1) Existing law requires the officer of each local agency who has charge of the financial records of the agency to furnish to the Controller a report of all the financial transactions of the local agency during the next preceding fiscal year within 90 days of the close of each fiscal year, as specified. Existing law defines local agency, for purposes of these financial reports to mean any city, county, district, and specified community redevelopment agencies. This bill would also include within the definition of local agency any joint powers agency and would require that joint powers agency to furnish the Controller with the required financial reports. (2) Existing law requires the Controller to annually compile and publish reports of the financial transactions of each county, city, and school district within the state, together with other matters he or she deems of public interest. This bill would additionally require the Controller to annually compile and publish reports of the financial transactions of each joint powers agency. (3) Existing law provides that if the county, city, or district reports are not made in a specified manner, or there is reason to believe that the report is false, the Controller is required to appoint a qualified accountant to make an investigation and to obtain the information required for the annual report of financial transactions. Existing law provides that if a similar investigation is made of any county, city, or district for 2 successive years, then a copy of the results of those investigations shall be transmitted to the grand jury of the county investigated or in which the local agency investigated is situated. Existing law requires any costs incurred by the Controller in carrying out those audits to be paid by the local agency. This bill would expand the above provisions to also include a special district or joint powers authority. This bill would also, until January 1, 2017, authorize the Controller to perform an audit or investigation of any county, city, special district, or joint powers authority, if the Controller has made findings that the local agency is not complying with the financial requirements in state law, state grant agreements, local charters, or local ordinances and require the Controller to prepare and file a report of the results of the audit or investigation, as specified. This bill would require that, until January 1, 2017, if the results of those audits determine that the financial report filed by the local agency did not contain false, incomplete, or incorrect information, then the Controller shall waive the costs of the investigation, and would authorize the Controller to establish a payment program to assist a local agency to pay for any costs that cannot be waived. This bill would additionally authorize the Controller, if requested by a local agency,. to convene a local agency financial review committee with a specified membership to provide assistance in reviewing and assessing its financial condition, as specified. (4) Existing law provides that an officer of a local agency who fails or refuses to make and file his or her financial report within 20 days after receipt of a written notice of the failure from the Controller forfeits to the state a specified amount depending on the amount of total revenue of that local agency. Existing law raises these amounts in the case of a community redevelopment agency and a joint powers agency that issues conduit revenue bonds in the 2nd and 3rd consecutive year. This bill would raise the forfeiture amounts for all local agencies, as specified. The bill would double these fines if the agency fails to submit the report to the Controller for 2 consecutive years, and would triple the fines if the agency fails to submit the report to the Controller for 3 consecutive years. The bill would also require the Controller to conduct an audit, as specified, of the local agency if the local agency fails to provide the financial reports for 3 consecutive years.
Who sponsors SB 186?
SB 186 is sponsored by Alejo, DeSaulnier, Kehoe, and Lara.
What is the current status of SB 186?
This bill died with 2011-2012 Regular Session. It reached “Passed Senate” 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 186?
Track SB 186 free on One Click Politics — get push/email alerts when it moves.

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