California 2011-2012 Regular Session Status: Enacted

SB 95 — State cash resources.

Last action — Chaptered by Secretary of State. Chapter 1, Statutes of 2012.

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

This bill has been enacted into law. Introduced January 10, 2011. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law establishes the Condemnation Deposits Fund in the State Treasury, consisting of all money deposited in the State Treasury pursuant to the Eminent Domain Law, including interest derived from its investment. Existing law requires the Treasurer to receive all money intended for the fund and to duly receipt for, and safe keep all money in the fund. This bill would instead require the Treasurer to receive and duly account for all money in the fund, and would authorize the Controller to use any money in the fund for cashflow loans to the General Fund, as specified. (2) Existing law requires the Controller to notify the Governor and the Pooled Money Investment Board when the General Fund in the Treasury is, or will be, exhausted, and authorizes the Governor to transfer all or part of the moneys not needed in other funds or accounts to the General Fund, as determined by the Pooled Money Investment Board. Existing law provides that all moneys in the State Treasury may be loaned for these purposes except, among others, money that the Controller is prohibited from transferring pursuant to the Constitution, bond indenture, or statutory or case law. This bill would instead authorize all moneys in the State Treasury to be loaned for these purposes except, among others, money that the Controller is prohibited from transferring pursuant to the Constitution, bond indenture, or case law. The bill would also make a technical, nonsubstantive change to these provisions. (3) Existing law creates the Highway Users Tax Account, in which are deposited motor vehicle fuel tax and diesel fuel tax revenues available for allocation to transportation purposes. Existing law creates the Transportation Investment Fund, in which are deposited a portion of gasoline sales tax revenues to the extent a gasoline sales tax is imposed. This bill would authorize the Controller to use the funds in the Highway Users Tax Account and the Transportation Investment Fund for cashflow loans to the General Fund, as specified. The bill would also authorize similar cashflow loans to the General Fund from the Motor Vehicle Fuel Account, the Transportation Revolving Account, and the State Highway Account. (4) Existing law authorizes the Pooled Money Investment Board to make loans from the Pooled Money Investment Account to fund projects financed by general obligation bond acts or other indebtedness until the bonds are issued and sold, at which time existing law requires the loans to be repaid, as specified. This bill would authorize the Director of Finance to designate up to 15% of the cash balances of the Highway Users Tax Account, the Transportation Investment Fund, the Motor Vehicle Fuel Account, the Transportation Revolving Account, and the State Highway Account to be available to provide contingency interim financing for critical state highway and local road projects that would otherwise be financed by general obligation bonds. The bill would authorize state agencies to request these funds and would require the loans to be recommended by the Department of Finance. The loan program would be administered by the Pooled Money Investment Board, with loans to be repaid consistent with existing law. (5) Existing law appropriates moneys in the Highway Users Tax Account for specified transportation purposes and provides for apportionment by the Controller of certain moneys to cities and counties. The remaining moneys in the account, after various other transfers, are transferred to the State Highway Account and are subject to appropriation for state transportation purposes. Existing law generally provides that moneys in a continuously appropriated fund may not be encumbered unless the Legislature, by statute, specifies that the moneys in the fund are appropriated for encumbrance. This bill, with respect to moneys that are appropriated from the Highway Users Tax Account and moneys to be apportioned or transferred from that account, would exempt that appropriation and those apportionments from the prohibition against encumbrance without statutory authorization described above, thereby allowing those moneys to be encumbered in the absence of statutory authorization. (6) This bill would appropriate $1,000 from the General Fund to the Controller for administrative costs associated with this bill. (7) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 1, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 12:30 p.m.

  4. Assembly amendments concurred in. (Ayes 24. Noes 14. Page 2760.) Ordered to engrossing and enrolling.

  5. From committee: That the Assembly amendments be concurred in. (Ayes 10. Noes 5. Page 2765.)

  6. From committee: Be re-referred to Com. on B. & F.R. pursuant to Senate Rule 29.10. (Ayes 4. Noes 0. Page 2759.) Re-referred to Com. on B. & F.R.

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

  8. In Senate.

  9. Read third time. Passed. (Ayes 54. Noes 17. Page 3679.) Ordered to the Senate.

  10. Read second time. Ordered to third reading.

  11. From committee: Do pass. (Ayes 18. Noes 6.) (January 31).

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

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

  14. Referred to Com. on BUDGET.

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

  16. Read third time. Passed. (Ayes 22. Noes 2. Page 170.) Ordered to the Assembly.

  17. Read second time. Ordered to third reading.

  18. Ordered to second reading.

  19. Withdrawn from committee.

  20. Referred to Com. on RLS.

  21. From printer. May be acted upon on or after February 10.

  22. 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 · 6 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

From committee: That the Assembly Amendments be concurred in.

Passed 10 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10501
Total 10501
% of votes cast 63%31%0%6%
How each member voted (16)
Member Party Vote
Negrete McLeod — Yea
Lowenthal — Yea
Hancock — Yea
Huff — Nay
Leno — Yea
Simitian — Yea
Wolk — Yea
Alquist — Yea
Anderson — Nay
Liu — Not Voting
Wright — Yea
Emmerson — Nay
Evans — Yea
DeSaulnier — Yea
Fuller — Nay
La Malfa — Nay

Official roll call →

SB 95 B. & F. R. Senate Third Reading

Passed 54 Yea · 17 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 541508
Republican 0200
Democratic 0001
Total 541709
% of votes cast 68%21%0%11%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Halderman — Nay
Butler — Yea
Feuer — Yea
Carter — Yea
Furutani — Yea
Cedillo — Yea
Fong — Yea
Allen — Yea
Hill — Yea
Perea — Yea
Skinner — Yea
Swanson — Yea
Williams — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fuentes — Yea
Fletcher — Yea
Garrick — Nay
Gordon — Yea
Bonilla — Yea
Atkins — Yea
Hagman — Nay
Hall — Yea
Harkey — Nay
Huffman — Yea
Jeffries — Yea
Lara — Yea
Logue — Nay
Ammiano — Yea
Block — Yea
Chesbro — Yea
Conway — Not Voting
Cook — Not Voting
Davis — Yea
Dickinson — Yea
Donnelly — Nay
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Nielsen — Nay
Olsen — Nay
Pan — Yea
Smyth — Nay
Torres — Yea
Valadao — Not Voting
Wieckowski — Yea
Achadjian — Yea
Alejo — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Not Voting
Hayashi — Yea
Huber — Yea
Hueso — Yea
Knight — Nay
Ma — Yea
Mansoor — Nay
Morrell — Nay
Norby — Not Voting
Silva — Nay
Solorio — Yea
Wagner — Nay
Eng — Yea
Galgiani — Not Voting
Gatto — Yea
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Not Voting
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Unfinished Supp 1 SB95 Committee on B. & F.R. (Leno) Concurrence

Passed 24 Yea · 14 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 221302
Democratic 2000
Republican 0100
Total 241402
% of votes cast 60%35%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Hernandez — Yea
Lowenthal — Yea
Kehoe — Yea
Lieu — Yea
Simitian — Yea
Wolk — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Wyland — Nay
Fuller — Nay
Runner — Not Voting
Corbett — Yea
Dutton — Nay
Anderson — Nay
Leno — Yea
Pavley — Yea
Vargas — Yea
Wright — Yea
Alquist — Yea
Blakeslee — Nay
Harman — Nay
Huff — Nay
Liu — Not Voting
Price — Yea
Steinberg — Yea
Walters — Nay
Cannella — Nay
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 Nay

Official roll call →

Do pass.

Passed 18 Yea · 6 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 18503
Republican 0100
Total 18603
% of votes cast 67%22%0%11%
How each member voted (27)
Member Party Vote
Butler — Yea
Feuer — Yea
Gordon — Yea
Huffman — Yea
Jeffries — Yea
Bonilla — Yea
Nestande — Yea
Allen — Yea
Cedillo — Yea
Chesbro — Yea
Swanson — Yea
Mitchell — Yea
Morrell — Nay
Nielsen — Not Voting
Wagner — Nay
Alejo — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Logue — Nay
Mansoor — Nay
Monning — Yea
Valadao — Not Voting
Dickinson — Yea
Bill Berryhill — Not Voting
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading SB95 Committee on B. & F.R.

Passed 22 Yea · 2 Nay · 14 Other
Party YeaNayPresentNot Voting
Unaffiliated 202013
Democratic 2000
Republican 0001
Total 222014
% of votes cast 58%5%0%37%
How each member voted (38)
Member Party Vote
Yee — Yea
Correa — Yea
Hancock — Yea
Hernandez — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Kehoe — Yea
Liu — Yea
Steinberg — Yea
Vargas — Yea
Wolk — Yea
Wright — Yea
Cannella — Not Voting
Evans — Yea
Fuller — Not Voting
Huff — Not Voting
Corbett — Yea
Anderson — Nay
Dutton — Not Voting
Price — Not Voting
Walters — Not Voting
Alquist — Yea
Blakeslee — Not Voting
Harman — Not Voting
Leno — Yea
Pavley — Not Voting
Simitian — Yea
Wyland — Nay
Emmerson — Not Voting
DeSaulnier — Yea
Beth Gaines — Not Voting
Bill Berryhill — Not Voting
La Malfa — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

Subjects

taxation finance transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 95 do?
(1) Existing law establishes the Condemnation Deposits Fund in the State Treasury, consisting of all money deposited in the State Treasury pursuant to the Eminent Domain Law, including interest derived from its investment. Existing law requires the Treasurer to receive all money intended for the fund and to duly receipt for, and safe keep all money in the fund. This bill would instead require the Treasurer to receive and duly account for all money in the fund, and would authorize the Controller to use any money in the fund for cashflow loans to the General Fund, as specified. (2) Existing law requires the Controller to notify the Governor and the Pooled Money Investment Board when the General Fund in the Treasury is, or will be, exhausted, and authorizes the Governor to transfer all or part of the moneys not needed in other funds or accounts to the General Fund, as determined by the Pooled Money Investment Board. Existing law provides that all moneys in the State Treasury may be loaned for these purposes except, among others, money that the Controller is prohibited from transferring pursuant to the Constitution, bond indenture, or statutory or case law. This bill would instead authorize all moneys in the State Treasury to be loaned for these purposes except, among others, money that the Controller is prohibited from transferring pursuant to the Constitution, bond indenture, or case law. The bill would also make a technical, nonsubstantive change to these provisions. (3) Existing law creates the Highway Users Tax Account, in which are deposited motor vehicle fuel tax and diesel fuel tax revenues available for allocation to transportation purposes. Existing law creates the Transportation Investment Fund, in which are deposited a portion of gasoline sales tax revenues to the extent a gasoline sales tax is imposed. This bill would authorize the Controller to use the funds in the Highway Users Tax Account and the Transportation Investment Fund for cashflow loans to the General Fund, as specified. The bill would also authorize similar cashflow loans to the General Fund from the Motor Vehicle Fuel Account, the Transportation Revolving Account, and the State Highway Account. (4) Existing law authorizes the Pooled Money Investment Board to make loans from the Pooled Money Investment Account to fund projects financed by general obligation bond acts or other indebtedness until the bonds are issued and sold, at which time existing law requires the loans to be repaid, as specified. This bill would authorize the Director of Finance to designate up to 15% of the cash balances of the Highway Users Tax Account, the Transportation Investment Fund, the Motor Vehicle Fuel Account, the Transportation Revolving Account, and the State Highway Account to be available to provide contingency interim financing for critical state highway and local road projects that would otherwise be financed by general obligation bonds. The bill would authorize state agencies to request these funds and would require the loans to be recommended by the Department of Finance. The loan program would be administered by the Pooled Money Investment Board, with loans to be repaid consistent with existing law. (5) Existing law appropriates moneys in the Highway Users Tax Account for specified transportation purposes and provides for apportionment by the Controller of certain moneys to cities and counties. The remaining moneys in the account, after various other transfers, are transferred to the State Highway Account and are subject to appropriation for state transportation purposes. Existing law generally provides that moneys in a continuously appropriated fund may not be encumbered unless the Legislature, by statute, specifies that the moneys in the fund are appropriated for encumbrance. This bill, with respect to moneys that are appropriated from the Highway Users Tax Account and moneys to be apportioned or transferred from that account, would exempt that appropriation and those apportionments from the prohibition against encumbrance without statutory authorization described above, thereby allowing those moneys to be encumbered in the absence of statutory authorization. (6) This bill would appropriate $1,000 from the General Fund to the Controller for administrative costs associated with this bill. (7) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Who sponsors SB 95?
SB 95 is sponsored by Committee on Budget and Fiscal Review.
What is the current status of SB 95?
This bill has been enacted into law. Introduced January 10, 2011. Enacted.
Where can I track SB 95?
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