California 2021-2022 Regular Session Status: Passed Senate 1 D cosponsors

SB 438 — Redevelopment: enforceable obligations: City of Atascadero.

Last action — August 26 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 2021-2022 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Existing law dissolved redevelopment agencies and community development agencies as of February 1, 2012, and provides for the designation of successor agencies to wind down the affairs of the dissolved redevelopment agencies, subject to review by oversight boards, and to, among other things, make payments due for enforceable obligations and to perform obligations required pursuant to any enforceable obligation. Existing law defines "enforceable obligation" for these purposes to include, among other things, loans of moneys borrowed by the redevelopment agency. Existing law also provides that agreements, contracts, or arrangements between the city, county, or city and county that created the redevelopment agency and the former redevelopment agency are invalid and not binding on the successor agency, and are not enforceable obligations, with certain exceptions, including for loan agreements entered into within 2 years of the formation of the redevelopment agency. Under existing law, a successor agency may enter or reenter into agreements with the city, county, or city and county that formed the redevelopment agency, subject to the approval of the oversight board, as provided. This bill, notwithstanding the above-described provisions, would deem a loan agreement entered into between a redevelopment agency and the City of Atascadero between January 1, 1999, and January 1, 2003, inclusive, to be enforceable obligations for these purposes and provide that such a loan agreement binds the successor agency. This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Atascadero.

Bill Text

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Action History

  1. August 26 hearing: Held in committee and under submission.

  2. August 19 set for first hearing. Placed on suspense file.

  3. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (June 22). Re-referred to Com. on APPR.

  4. From committee: Do pass and re-refer to Com. on H. & C.D. with recommendation: To consent calendar. (Ayes 8. Noes 0.) (June 9). Re-referred to Com. on H. & C.D.

  5. Referred to Coms. on L. GOV. and H. & C.D.

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

  7. Read third time. Passed. (Ayes 40. Noes 0. Page 1234.) Ordered to the Assembly.

  8. Read second time. Ordered to third reading.

  9. From committee: Do pass. (Ayes 7. Noes 0. Page 1191.) (May 20).

  10. Set for hearing May 20.

  11. April 19 hearing: Placed on APPR suspense file.

  12. Set for hearing April 19.

  13. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 633.) (March 25). Re-referred to Com. on APPR.

  14. Set for hearing March 25.

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

  16. Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)

  17. (Ayes 32. Noes 4.)

  18. Art. IV. Sec. 8(a) of the Constitution dispensed with.

  19. From printer. May be acted upon on or after March 19.

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

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

Co-sponsors (1)

  • Cunningham

Not signed on (120)

120 members have not signed on to this bill.

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"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

Passed 7 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 3000
Democratic 3001
Republican 1000
Total 7001
% of votes cast 88%0%0%13%
How each member voted (8)
Member Party Vote
Kiley — Yea
Chiu — Yea
Maienschein — Yea
Gabriel, Jesse Democratic Yea
Kalra, Ash Democratic Yea
Quirk-Silva, Sharon Democratic Not Voting
Wicks, Buffy Democratic Yea
Seyarto, Kelly Republican Yea

Official roll call →

Passed 8 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 3000
Democratic 4000
Republican 1000
Total 8000
% of votes cast 100%0%0%0%
How each member voted (8)
Member Party Vote
Voepel — Yea
Bloom — Yea
Luz Rivas — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Boerner, Tasha Democratic Yea
Ramos, James C. Democratic Yea
Rivas, Robert Democratic Yea
Lackey, Tom Republican Yea

Official roll call →

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 23000
Democratic 13000
Republican 4000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Newman — Yea
Min — Yea
Borgeas — Yea
Wilk — Yea
Hertzberg — Yea
Portantino — Yea
Kamlager — Yea
Bradford — Yea
Dodd — Yea
Bates — Yea
Leyva — Yea
Hueso — Yea
Pan — Yea
Skinner — Yea
Wieckowski — Yea
Melendez — Yea
Roth — Yea
Gonzalez — Yea
Glazer — Yea
Eggman — Yea
Nielsen — Yea
Atkins — Yea
Rubio — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Do pass

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Republican 1000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Wieckowski — Yea
Kamlager — Yea
Portantino — Yea
Bradford — Yea
Bates — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Republican 1000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Kamlager — Yea
Bates — Yea
Bradford — Yea
Wieckowski — Yea
Portantino — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 438 do?
Existing law dissolved redevelopment agencies and community development agencies as of February 1, 2012, and provides for the designation of successor agencies to wind down the affairs of the dissolved redevelopment agencies, subject to review by oversight boards, and to, among other things, make payments due for enforceable obligations and to perform obligations required pursuant to any enforceable obligation. Existing law defines "enforceable obligation" for these purposes to include, among other things, loans of moneys borrowed by the redevelopment agency. Existing law also provides that agreements, contracts, or arrangements between the city, county, or city and county that created the redevelopment agency and the former redevelopment agency are invalid and not binding on the successor agency, and are not enforceable obligations, with certain exceptions, including for loan agreements entered into within 2 years of the formation of the redevelopment agency. Under existing law, a successor agency may enter or reenter into agreements with the city, county, or city and county that formed the redevelopment agency, subject to the approval of the oversight board, as provided. This bill, notwithstanding the above-described provisions, would deem a loan agreement entered into between a redevelopment agency and the City of Atascadero between January 1, 1999, and January 1, 2003, inclusive, to be enforceable obligations for these purposes and provide that such a loan agreement binds the successor agency. This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Atascadero.
Who sponsors SB 438?
SB 438 is sponsored by Laird, John (Democratic) and Cunningham.
What is the current status of SB 438?
This bill died with 2021-2022 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 438?
Track SB 438 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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