California 2009-2010, 1st Special Session Status: Passed Senate

SB 9 — Local government finance.

Last action — Senate concurs in Assembly amendments. (Ayes 23. Noes 14. Page 33.) To enrollment.

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

This bill died with 2009-2010, 1st Special 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

The Bradley-Burns Uniform Local Sales and Use Tax Law (Bradley-Burns Law) generally authorizes a county that adopts a specified ordinance to impose a local sales and use tax at a rate of 1.25%, and similarly authorizes a city, located within a county imposing such a tax rate, to impose a local sales tax rate of 1% that is credited against the county rate. Existing law temporarily suspends, during the revenue exchange period, a portion of each of the tax rates imposed by a county and city under the Bradley-Burns Law by requiring, for that period, sales and use tax rates of 1% for a county and 0.75% or less for a city. Existing law defines the "revenue exchange period" as the period beginning on and after July 1, 2004, and continuing 90 days after the Director of Finance makes a specified notice to the State Board of Equalization. Existing law requires the auditor of each county, for a fiscal adjustment period that consists of the same fiscal years as the revenue exchange period as currently defined, to decrease the amount of ad valorem property tax revenue otherwise allocated to a county's Educational Revenue Augmentation Fund by the countywide adjustment amount, which is measured by the combined revenue loss of the county, and the cities therein, resulting from the temporary suspension of a portion of their sales and use tax rates. Existing law requires the auditor to instead allocate this amount among the county, and the cities therein, in reimbursement of their revenue losses resulting from that rate suspension. This bill would redefine the "revenue exchange period" to end on April 1, 2009, and thereby end, as of that date, the temporary suspension of a portion of each of the tax rates imposed by a county or city under the Bradley-Burns Law. 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. Senate concurs in Assembly amendments. (Ayes 23. Noes 14. Page 33.) To enrollment.

  2. In Senate.

  3. Read third time. Passed. (Ayes 47. Noes 27. Page 40.) To Senate.

  4. Amended. (Page 34.)

  5. Read second time.

  6. Held at desk.

  7. (Ayes 71. Noes 0. Page 26.)

  8. Art. IV, Sec. 8(b), of Constitution dispensed with.

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

  10. Read third time. Passed. (Ayes 33. Noes 1. Page 11.) To Assembly.

  11. Read second time.

  12. (Ayes 33. Noes 1. Page 8.)

  13. Art. IV, Sec. 8(b), of Constitution dispensed with.

  14. Withdrawn from committee.

  15. Introduced. Read first time. To Com. on RLS.

Sponsors

  • Ducheny · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 8 voted No

Sponsors (1)

  • Ducheny

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

SB9 Ducheny Senate Third Reading By EVANS First Extraordinary Session

Passed 54 Yea · 30 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 482808
Democratic 5000
Republican 1200
Total 543008
% of votes cast 59%33%0%9%
How each member voted (92)
Member Party Vote
Carter — Yea
Emmerson — Nay
Coto — Yea
Feuer — Yea
Davis — Yea
DeVore — Nay
Yamada — Yea
Furutani — Yea
Gilmore — Nay
Charles — Yea
Ammiano — Yea
Beall — Yea
Eng — Yea
Evans — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Bonnie — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Chesbro — Yea
Conway — Nay
Duvall — Nay
Bill — Nay
Berryhill — Nay
Tom — Nay
Berryhill — Nay
Fuentes — Yea
Fuller — Nay
Galgiani — Yea
Garrick — Nay
Gaines — Nay
Audra — Nay
Bass — Yea
Blakeslee — Nay
Hagman — Nay
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Huffman — Yea
Jeffries — Nay
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Miller — Nay
Monning — Yea
Nava — Yea
Nielsen — Nay
Ruskin — Yea
Silva — Nay
Smyth — Nay
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Nay
Villines — Nay
Fletcher — Not Voting
V. — Not Voting
Manuel — Not Voting
Perez — Not Voting
Huber — Not Voting
Cook — Not Voting
Adams — Nay
Anderson — Nay
Block — Not Voting
Blumenfield — Yea
Brownley — Yea
Buchanan — Not Voting
Harkey — Nay
Hill — Yea
Knight — Nay
Logue — Nay
Ma — Yea
Nestande — Nay
Price — Yea
Skinner — Yea
Swanson — Yea
Torrico — 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 Nay
Strickland, Tony Republican Nay

Official roll call →

W/O REF. TO FILE SB9 Ducheny Concurrence

Passed 24 Yea · 14 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 211302
Democratic 3000
Republican 0100
Total 241402
% of votes cast 60%35%0%5%
How each member voted (40)
Member Party Vote
Wyland — Not Voting
Corbett — Yea
Correa — Nay
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Yee — Yea
Cedillo — Yea
Cogdill — Nay
Ducheny — Yea
Hancock — Yea
Negrete — Yea
Kehoe — Yea
Benoit — Nay
Leno — Yea
McLeod — Yea
Oropeza — Yea
Pavley — Yea
Romero — Yea
Steinberg — Yea
Wiggins — Yea
Wolk — Yea
Runner — Nay
Dutton — Not Voting
Hollingsworth — Nay
Huff — Nay
Walters — Nay
Aanestad — Nay
Alquist — Yea
Ashburn — Nay
Harman — Nay
Liu — Yea
Maldonado — Nay
Simitian — Yea
Wright — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

SB9 Ducheny Senate Third Reading By EVANS Appeal the Decision of the Chair By DE VORE First Extraordinary Session

Failed 30 Yea · 59 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 285303
Republican 2100
Democratic 0500
Total 305903
% of votes cast 33%64%0%3%
How each member voted (92)
Member Party Vote
Conway — Yea
Emmerson — Yea
Coto — Nay
Eng — Nay
Davis — Nay
DeVore — Yea
Yamada — Nay
Galgiani — Nay
Fuller — Yea
Garrick — Yea
Gilmore — Yea
Hagman — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Jeffries — Yea
Gaines — Yea
Audra — Yea
Adams — Yea
Anderson — Yea
Duvall — Yea
Miller — Yea
Nestande — Yea
Silva — Yea
Carter — Nay
Evans — Nay
Charles — Nay
Feuer — Nay
Fuentes — Nay
Furutani — Nay
Hall — Nay
De — Nay
La — Nay
Torre — Nay
De — Nay
Leon — Nay
Bonnie — Nay
V. — Nay
Manuel — Nay
Perez — Nay
John — Nay
A. — Nay
Perez — Nay
Portantino — Nay
Salas — Nay
Saldana — Nay
Chesbro — Nay
Fletcher — Not Voting
Cook — Not Voting
Hernandez — Nay
Hill — Nay
Huffman — Nay
Ammiano — Nay
Beall — Nay
Block — Nay
Lieu — Nay
Mendoza — Nay
Nava — Nay
Price — Nay
Skinner — Nay
Solorio — Nay
Torlakson — Nay
Torres — Nay
Tran — Yea
Villines — Yea
Bass — Nay
Blakeslee — Yea
Blumenfield — Nay
Brownley — Nay
Buchanan — Nay
Harkey — Yea
Hayashi — Nay
Huber — Not Voting
Knight — Yea
Krekorian — Nay
Logue — Yea
Ma — Nay
Monning — Nay
Nielsen — Yea
Ruskin — Nay
Smyth — Yea
Swanson — Nay
Torrico — Nay
Arambula, Joaquin Democratic Nay
Caballero, Anna M. Democratic Nay
Calderon, Lisa Democratic Nay
Fong, Mike Democratic Nay
Lowenthal, Josh Democratic Nay
Jones, Brian W. Republican Nay
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

W/O REF. TO FILE SB9 Ducheny

Passed 34 Yea · 1 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 30105
Democratic 3000
Republican 1000
Total 34105
% of votes cast 85%3%0%13%
How each member voted (40)
Member Party Vote
Cedillo — Yea
Wyland — Not Voting
Corbett — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Not Voting
Florez — Yea
Yee — Yea
Negrete — Yea
Cogdill — Yea
Runner — Not Voting
Hancock — Yea
Harman — Yea
Huff — Yea
Ducheny — Yea
Kehoe — Not Voting
Leno — Yea
McLeod — Yea
Oropeza — Not Voting
Benoit — Yea
Dutton — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Ashburn — Nay
Hollingsworth — Yea
Liu — Yea
Maldonado — Yea
Pavley — Yea
Walters — Yea
Wolk — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

taxation finance
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Frequently asked questions

What does SB 9 do?
The Bradley-Burns Uniform Local Sales and Use Tax Law (Bradley-Burns Law) generally authorizes a county that adopts a specified ordinance to impose a local sales and use tax at a rate of 1.25%, and similarly authorizes a city, located within a county imposing such a tax rate, to impose a local sales tax rate of 1% that is credited against the county rate. Existing law temporarily suspends, during the revenue exchange period, a portion of each of the tax rates imposed by a county and city under the Bradley-Burns Law by requiring, for that period, sales and use tax rates of 1% for a county and 0.75% or less for a city. Existing law defines the "revenue exchange period" as the period beginning on and after July 1, 2004, and continuing 90 days after the Director of Finance makes a specified notice to the State Board of Equalization. Existing law requires the auditor of each county, for a fiscal adjustment period that consists of the same fiscal years as the revenue exchange period as currently defined, to decrease the amount of ad valorem property tax revenue otherwise allocated to a county's Educational Revenue Augmentation Fund by the countywide adjustment amount, which is measured by the combined revenue loss of the county, and the cities therein, resulting from the temporary suspension of a portion of their sales and use tax rates. Existing law requires the auditor to instead allocate this amount among the county, and the cities therein, in reimbursement of their revenue losses resulting from that rate suspension. This bill would redefine the "revenue exchange period" to end on April 1, 2009, and thereby end, as of that date, the temporary suspension of a portion of each of the tax rates imposed by a county or city under the Bradley-Burns Law. 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 SB 9?
SB 9 is sponsored by Ducheny.
What is the current status of SB 9?
This bill died with 2009-2010, 1st Special 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 9?
Track SB 9 free on One Click Politics — get push/email alerts when it moves.

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