California 2009-2010, 1st Special Session Status: To Executive

AB 10 — Prison facilities: construction.

Last action — Vetoed by Governor.

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

This bill died with 2009-2010, 1st Special 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 law, the Public Safety and Offender Rehabilitation Services Act of 2007, requires the Department of Corrections and Rehabilitation to design, construct, or renovate prison housing units, prison support buildings, and programming space in order to add approximately 7,484 beds at specified adult correctional facilities, and authorizes the department to develop approximately 12,000 new prison beds overall, including appropriate programming space, and to acquire land, design, construct, and renovate reentry program facilities, and to construct and establish new buildings at facilities under the jurisdiction of the department to provide medical, dental, and mental health treatment or housing for 6,000 inmates, as specified. This bill instead would remove the limitation on the number of beds that are required to be constructed at specified facilities, while maintaining the 12,000 bed maximum, and would delete the word "prison" from the types of facilities that are affected by the bill and replace it with "facilities under the jurisdiction of the department." Existing law authorizes the State Public Works Board to issue revenue bonds or notes for purposes of financing these projects, as specified. Existing law also provides that funds derived from interim financing, bonds, or notes issued for this purpose are continuously appropriated to the board on behalf of the department for purposes of specified prison construction. Existing law authorizes the board to borrow funds for project costs from the Pooled Money Investment Account. This bill would add acquisition and design as project costs for which the board may borrow funds from the Pooled Money Investment Account. The bill would also provide that preliminary expenditures to develop the scope, budget, programming, and scheduling for a project would be reimbursable from the proceeds of the revenue bonds. The board would be allowed to issue bonds or notes to finance the acquisition of specified projects. The amount of bonds or notes to be sold would be required to include the cost of acquisition of the facilities and other costs related to acquisition of the facilities. Because the bill would authorize additional uses of continuously appropriated funds, the bill would constitute an appropriation. Under existing law, the amount of revenue bonds or notes to be sold is required to equal certain costs, including interim financing and a reasonable reserve. This bill, instead, would authorize the amount of bonds and notes to include those items. Existing law provides that eligible counties that choose to finance a local youthful offender rehabilitative facility with money from this act are responsible for the acquisition, design, construction, staffing, operation, repair, and maintenance of those facilities. This bill would also require those counties to be responsible for the renovation of those facilities. The bill would make related conforming changes, and would make its provisions contingent on the enactment of other legislation, as specified. This bill would declare that it is to take effect immediately as an urgency statute. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 1, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 1, 2008, pursuant to the California Constitution.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and to the Governor at 2:25 p.m.

  3. Urgency clause adopted. Senate amendments concurred in. To enrollment. (Ayes 66. Noes 7. Page 47.)

  4. In Assembly. Concurrence in Senate amendments pending.

  5. Read third time. Urgency clause adopted. Passed and to Assembly. (Ayes 33. Noes 4. Page 26.)

  6. (Ayes 26. Noes 11. Page 23.)

  7. Senate Rule 29.3 suspended.

  8. Read third time, amended, and returned to third reading. (Page 23.).

  9. Ordered to third reading.

  10. Read second time.

  11. Withdrawn from committee.

  12. From printer.

  13. In Senate. Read first time. To Com. on RLS. for assignment.

  14. Read third time, passed, and to Senate. (Ayes 74. Noes 1. Page 15.)

  15. Read second time.

  16. Art. IV, Sec. 8(b) of the Constitution suspended. (Ayes 75. Noes 0. Page 8.)

  17. Read first time. To print.

Sponsors

  • Committee on Budget · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No

Sponsors (1)

  • Committee on Budget

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

AB 10 BUDGET Concurrence- Urgency Added By EVANS First Extraordinary Session

Passed 74 Yea · 9 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 67809
Democratic 5000
Republican 2100
Total 74909
% of votes cast 80%10%0%10%
How each member voted (92)
Member Party Vote
Emmerson — Yea
Coto — Yea
Evans — Yea
Davis — Yea
DeVore — Yea
Fuentes — Yea
Fuller — Not Voting
Gilmore — Yea
Hall — Yea
Carter — Yea
Eng — Yea
Feuer — Yea
Chesbro — Yea
Conway — Yea
Bill — Yea
Berryhill — Yea
Furutani — Yea
Galgiani — Yea
Charles — Yea
Hagman — Yea
Hayashi — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Beall — Yea
Blakeslee — Yea
Duvall — Yea
Yamada — Yea
Bonnie — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Cook — Not Voting
Tom — Nay
Berryhill — Nay
Gaines — Nay
Audra — Nay
Fletcher — Not Voting
V. — Not Voting
Manuel — Not Voting
Perez — Not Voting
Garrick — Nay
Hernandez — Yea
Huber — Not Voting
Huffman — Yea
Jeffries — Yea
Knight — Yea
Krekorian — Yea
Logue — Nay
Anderson — Nay
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Smyth — Nay
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Ammiano — Yea
Bass — Yea
Block — Not Voting
Blumenfield — Yea
Brownley — Yea
Buchanan — Not Voting
Harkey — Yea
Hill — Yea
Lieu — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Price — Yea
Solorio — Yea
Torres — Yea
Villines — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB10 Evans Urgency Clause

Passed 34 Yea · 4 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 31302
Democratic 3000
Republican 0100
Total 34402
% of votes cast 85%10%0%5%
How each member voted (40)
Member Party Vote
Wyland — Not Voting
Corbett — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Nay
Yee — Yea
Hancock — Not Voting
Cedillo — Yea
Cogdill — Nay
Ducheny — Yea
Dutton — Yea
Florez — Yea
Harman — Yea
Huff — Yea
Negrete — Yea
Runner — Yea
Leno — Yea
McLeod — Yea
Oropeza — Yea
Benoit — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Walters — Yea
Wiggins — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Ashburn — Yea
Hollingsworth — Nay
Kehoe — Yea
Liu — Yea
Maldonado — Yea
Steinberg — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

AB 10 EVANS Assembly Third Reading First Extraordinary Session

Passed 86 Yea · 1 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 78105
Democratic 5000
Republican 3000
Total 86105
% of votes cast 93%1%0%5%
How each member voted (92)
Member Party Vote
Emmerson — Yea
Coto — Yea
Evans — Yea
Fuller — Yea
Garrick — Yea
Hall — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Charles — Yea
Adams — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Eng — Yea
Feuer — Yea
Yamada — Yea
Fletcher — Yea
Gaines — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Davis — Yea
DeVore — Yea
Duvall — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Bass — Yea
Gilmore — Yea
Hagman — Yea
Harkey — Yea
Hayashi — Not Voting
Hill — Yea
Huber — Yea
Jeffries — Yea
Knight — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Nielsen — Not Voting
Price — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Not Voting
Torrico — Yea
Villines — Not Voting
Anderson — Nay
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Krekorian — Yea
Ma — Yea
Monning — Yea
Ruskin — Yea
Smyth — Yea
Torlakson — Yea
Tran — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

public-safety labor
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Frequently asked questions

What does AB 10 do?
Existing law, the Public Safety and Offender Rehabilitation Services Act of 2007, requires the Department of Corrections and Rehabilitation to design, construct, or renovate prison housing units, prison support buildings, and programming space in order to add approximately 7,484 beds at specified adult correctional facilities, and authorizes the department to develop approximately 12,000 new prison beds overall, including appropriate programming space, and to acquire land, design, construct, and renovate reentry program facilities, and to construct and establish new buildings at facilities under the jurisdiction of the department to provide medical, dental, and mental health treatment or housing for 6,000 inmates, as specified. This bill instead would remove the limitation on the number of beds that are required to be constructed at specified facilities, while maintaining the 12,000 bed maximum, and would delete the word "prison" from the types of facilities that are affected by the bill and replace it with "facilities under the jurisdiction of the department." Existing law authorizes the State Public Works Board to issue revenue bonds or notes for purposes of financing these projects, as specified. Existing law also provides that funds derived from interim financing, bonds, or notes issued for this purpose are continuously appropriated to the board on behalf of the department for purposes of specified prison construction. Existing law authorizes the board to borrow funds for project costs from the Pooled Money Investment Account. This bill would add acquisition and design as project costs for which the board may borrow funds from the Pooled Money Investment Account. The bill would also provide that preliminary expenditures to develop the scope, budget, programming, and scheduling for a project would be reimbursable from the proceeds of the revenue bonds. The board would be allowed to issue bonds or notes to finance the acquisition of specified projects. The amount of bonds or notes to be sold would be required to include the cost of acquisition of the facilities and other costs related to acquisition of the facilities. Because the bill would authorize additional uses of continuously appropriated funds, the bill would constitute an appropriation. Under existing law, the amount of revenue bonds or notes to be sold is required to equal certain costs, including interim financing and a reasonable reserve. This bill, instead, would authorize the amount of bonds and notes to include those items. Existing law provides that eligible counties that choose to finance a local youthful offender rehabilitative facility with money from this act are responsible for the acquisition, design, construction, staffing, operation, repair, and maintenance of those facilities. This bill would also require those counties to be responsible for the renovation of those facilities. The bill would make related conforming changes, and would make its provisions contingent on the enactment of other legislation, as specified. This bill would declare that it is to take effect immediately as an urgency statute. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 1, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 1, 2008, pursuant to the California Constitution.
Who sponsors AB 10?
AB 10 is sponsored by Committee on Budget.
What is the current status of AB 10?
This bill died with 2009-2010, 1st Special 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 AB 10?
Track AB 10 free on One Click Politics — get push/email alerts when it moves.

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