California 2009-2010, 3rd Special Session Status: Passed Assembly

ACA 1 — A resolution directing the Secretary of State to withdraw from the consideration of the people of the State of California Senate Constitutional Amendment No. 30 (Resolution Chapter 167 of the Statutes of 2008) and further directing the Secretary of State to make amendments in Senate Constitutional Amendment No. 13 (Resolution Chapter 144 of the Statutes of 2008).

Last action — Chaptered by Secretary of State. Res. Chapter 1, Statutes of 2009-10 Third Extraordinary Session.

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

This bill died with 2009-2010, 3rd Special Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Senate Constitutional Amendment No. 13 of the 2007–08 Regular Session, as amended by Senate Constitutional Amendment No. 30 of the 2007–08 Regular Session, would, if approved by the voters, make certain changes relating to state finance. This measure would withdraw Senate Constitutional Amendment No. 30 from the consideration of the voters. Senate Constitutional Amendment No. 13 of the 2007–08 Regular Session, if approved by the voters, would rename the Budget Stabilization Account the Budget Stabilization Fund and would provide that all moneys in the fund not designated for deposit into the Deficit Recovery Bond Retirement Sinking Fund Subaccount may be transferred to the General Fund by a statute that contains no unrelated provisions or may be loaned to the General Fund to address a General Fund cashflow deficit. That measure would further require the Director of Finance, on or before May 29 of each year, to report to the Legislature and the Governor an estimate of the amount of General Fund revenues, transfers, and balances available from the prior fiscal year for the current fiscal year and the impact of tax legislation adopted during the current fiscal year subsequent to the enactment of the Budget Bill. In addition, that measure would provide that if, pursuant to a formula based on those estimates, there are unanticipated revenues in the current fiscal year, those revenues may be used only for specified purposes, and in a specified order of priority. This measure would amend those provisions to also create the Supplemental Budget Stabilization Account, and to establish the Supplemental Education Payment Account if a constitutional provision is added to provide for supplemental education payments, as specified. The measure would also provide that, apart from a transfer made for the purpose of responding to an emergency declared by the Governor, as defined, or a loan to meet General Fund cash requirements which would be repaid within a fiscal year, the total amount that may be transferred from the Budget Stabilization Fund to the General Fund for any fiscal year shall not exceed the amount derived by subtracting the General Fund revenues, transfers, and balances available from the prior fiscal year for that fiscal year from the expenditure forecast amount for the current fiscal year, determined as total General Fund expenditures for the immediately preceding fiscal year adjusted for changes in population and the cost of living. In addition, this measure would direct the Controller to transfer, on October 1 of each year beginning in 2011, from the Budget Stabilization Fund to the Supplemental Education Payment Account, if established, a sum equal to 1.5% of the estimated General Fund revenues for the current fiscal year until a specified total amount is met. After that amount is met, or if the Supplemental Education Payment Account is not established, the Controller would instead be required to transfer that sum on October 1 of each year to the Supplemental Budget Stabilization Account, from which appropriations could be made only for capital outlay purposes or to retire bonded indebtedness of the state. This measure would further provide that, commencing with the 2010–11 fiscal year, unanticipated revenues shall be determined pursuant to a formula either based on estimates of General Fund revenues for the current fiscal year and the revenue forecast amount for the current fiscal year, as defined, or based on estimates of General Fund revenues, transfers, and balances available from the prior fiscal year for the current fiscal year and the expenditure forecast amount for the current fiscal year. The measure would also modify the education funding purposes for which unanticipated revenues could be expended.

Bill Text

Action History

  1. Chaptered by Secretary of State. Res. Chapter 1, Statutes of 2009-10 Third Extraordinary Session.

  2. Enrolled and filed with the Secretary of State at 11:15 a.m.

  3. In Assembly. To enrollment.

  4. Read third time, adopted, and to Assembly. (Ayes 30. Noes 8. Page 71.)

  5. Action rescinded whereby the Constitutional Amendment was refused passage.

  6. Read third time, refused adoption. (Ayes 18. Noes 16. Page 55.)

  7. Reconsideration granted. (Ayes 39. Noes 0. Page 45.)

  8. Motion to reconsider made by Senator Steinberg.

  9. Read third time. Adopted. (Ayes 32. Noes 4. Page 45.)

  10. Read second time.

  11. Art. IV, Sec. 8(b) of the Constitution suspended. (Ayes 27. Noes 12. Page 39.)

  12. Read first time.

  13. In Senate.

  14. Read third time, adopted, and to Senate. (Ayes 74. Noes 6. Page 82.)

  15. Read third time, amended, and returned to third reading. (Page 82.).

  16. Read second time. To third reading.

  17. Art. IV, Sec. 8(b) of the Constitution suspended. (Ayes 71. Noes 2. Page 81.)

  18. From printer. May be heard in committee March 16.

  19. Read first time. To print.

Sponsors

  • Niello · Primary
  • Cogdill · Cosponsor
  • Ashburn · Cosponsor
  • Adams · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 3 co-sponsors · 118 not signed on

Sponsors (1)

  • Niello

Co-sponsors (3)

  • Cogdill
  • Ashburn
  • Adams

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

W/O REF. TO FILE ACA1 Niello

Passed 30 Yea · 9 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 26901
Democratic 3000
Republican 1000
Total 30901
% of votes cast 75%23%0%3%
How each member voted (40)
Member Party Vote
Wyland — Yea
Corbett — Nay
Correa — Nay
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Yee — Nay
Hancock — Nay
Cedillo — Yea
Cogdill — Yea
Ducheny — Yea
Dutton — Nay
Florez — Yea
Harman — Yea
Huff — Yea
Negrete — Nay
Runner — Nay
Kehoe — Yea
Leno — Yea
McLeod — Nay
Oropeza — Yea
Alquist — Yea
Ashburn — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Walters — Not Voting
Wolk — Yea
Aanestad — Yea
Benoit — Yea
Hollingsworth — Yea
Liu — Yea
Maldonado — Yea
Steinberg — Yea
Wiggins — Yea
Wright — Nay
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

W/O REF. TO FILE ACA1 Niello

Passed 33 Yea · 4 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 29403
Democratic 3000
Republican 1000
Total 33403
% of votes cast 83%10%0%8%
How each member voted (40)
Member Party Vote
Corbett — Nay
Correa — Nay
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Yee — Nay
Aanestad — Yea
Alquist — Yea
Wyland — Yea
Negrete — Yea
Runner — Yea
Hancock — Nay
Hollingsworth — Yea
Kehoe — Yea
Cedillo — Yea
Leno — Yea
McLeod — Yea
Cogdill — Yea
Oropeza — Yea
Ashburn — Yea
Ducheny — Yea
Dutton — Not Voting
Pavley — Not Voting
Romero — Yea
Walters — Not Voting
Wiggins — Yea
Wolk — Yea
Wright — Yea
Benoit — Yea
Harman — Yea
Huff — Yea
Liu — Yea
Maldonado — Yea
Simitian — Yea
Steinberg — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 86 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 78600
Democratic 5000
Republican 3000
Total 86600
% of votes cast 93%7%0%0%
How each member voted (92)
Member Party Vote
Emmerson — Yea
DeVore — Nay
Yamada — Yea
Fuentes — Yea
Galgiani — Yea
Garrick — Yea
Gilmore — Yea
Hagman — Nay
Eng — Yea
Evans — Yea
Carter — Yea
Chesbro — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Feuer — Yea
Fuller — Yea
Charles — Yea
Hall — Yea
Hayashi — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Gaines — Yea
Ammiano — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Duvall — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Furutani — Nay
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Krekorian — Yea
Lieu — Yea
Mendoza — Nay
Miller — Yea
Monning — Yea
Nava — Yea
Anderson — Nay
Bass — Yea
Nielsen — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Beall — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Knight — Yea
Logue — Yea
Ma — Yea
Nestande — Yea
Price — Yea
Skinner — Yea
Swanson — Nay
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 Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does ACA 1 do?
Senate Constitutional Amendment No. 13 of the 2007–08 Regular Session, as amended by Senate Constitutional Amendment No. 30 of the 2007–08 Regular Session, would, if approved by the voters, make certain changes relating to state finance. This measure would withdraw Senate Constitutional Amendment No. 30 from the consideration of the voters. Senate Constitutional Amendment No. 13 of the 2007–08 Regular Session, if approved by the voters, would rename the Budget Stabilization Account the Budget Stabilization Fund and would provide that all moneys in the fund not designated for deposit into the Deficit Recovery Bond Retirement Sinking Fund Subaccount may be transferred to the General Fund by a statute that contains no unrelated provisions or may be loaned to the General Fund to address a General Fund cashflow deficit. That measure would further require the Director of Finance, on or before May 29 of each year, to report to the Legislature and the Governor an estimate of the amount of General Fund revenues, transfers, and balances available from the prior fiscal year for the current fiscal year and the impact of tax legislation adopted during the current fiscal year subsequent to the enactment of the Budget Bill. In addition, that measure would provide that if, pursuant to a formula based on those estimates, there are unanticipated revenues in the current fiscal year, those revenues may be used only for specified purposes, and in a specified order of priority. This measure would amend those provisions to also create the Supplemental Budget Stabilization Account, and to establish the Supplemental Education Payment Account if a constitutional provision is added to provide for supplemental education payments, as specified. The measure would also provide that, apart from a transfer made for the purpose of responding to an emergency declared by the Governor, as defined, or a loan to meet General Fund cash requirements which would be repaid within a fiscal year, the total amount that may be transferred from the Budget Stabilization Fund to the General Fund for any fiscal year shall not exceed the amount derived by subtracting the General Fund revenues, transfers, and balances available from the prior fiscal year for that fiscal year from the expenditure forecast amount for the current fiscal year, determined as total General Fund expenditures for the immediately preceding fiscal year adjusted for changes in population and the cost of living. In addition, this measure would direct the Controller to transfer, on October 1 of each year beginning in 2011, from the Budget Stabilization Fund to the Supplemental Education Payment Account, if established, a sum equal to 1.5% of the estimated General Fund revenues for the current fiscal year until a specified total amount is met. After that amount is met, or if the Supplemental Education Payment Account is not established, the Controller would instead be required to transfer that sum on October 1 of each year to the Supplemental Budget Stabilization Account, from which appropriations could be made only for capital outlay purposes or to retire bonded indebtedness of the state. This measure would further provide that, commencing with the 2010–11 fiscal year, unanticipated revenues shall be determined pursuant to a formula either based on estimates of General Fund revenues for the current fiscal year and the revenue forecast amount for the current fiscal year, as defined, or based on estimates of General Fund revenues, transfers, and balances available from the prior fiscal year for the current fiscal year and the expenditure forecast amount for the current fiscal year. The measure would also modify the education funding purposes for which unanticipated revenues could be expended.
Who sponsors ACA 1?
ACA 1 is sponsored by Niello, Cogdill, Ashburn, and Adams.
What is the current status of ACA 1?
This bill died with 2009-2010, 3rd Special Session. It reached “Passed Assembly” 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 ACA 1?
Track ACA 1 free on One Click Politics — get push/email alerts when it moves.

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