California 2009-2010, 8th Special Session Status: Passed Senate

SB 5 — State cash resources.

Last action — From Assembly without further action.

  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, 8th 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(1) Existing law requires the Controller to notify the Governor and the Pooled Money Investment Board when the General Fund is or will be exhausted. The Governor is then authorized to order the Controller to direct the transfer of all or any part of the moneys not needed in other funds or accounts, with specified exceptions, to the General Fund from those funds or accounts, as determined by the Pooled Money Investment Board. This bill would require that specified General Fund payments to be made in March 2010 would be paid no sooner than April 15, 2010, but no later than May 1, 2010, which would be carried out by the Controller. The bill would require the Controller, Treasurer, and Director of Finance, prior to the payment deferrals, to jointly review and compare the actual General Fund receipts and disbursements with the receipt and disbursement projections contained in the cashflow statements associated with the proposed 2010–11 Governor's Budget. The bill would require the payments that would otherwise be deferred to be made if sufficient cash is available, as specified, and would require the Department of Finance to notify the Joint Legislative Budget Committee of the payments. If payments are deferred, beginning April 1, 2010, the bill would require the Controller, Treasurer, and Director of Finance to review daily the actual cash receipts and disbursements in comparison to the receipt and disbursement projections associated with the proposed 2010–11 Governor's Budget. The bill would require the deferred payments to be made as soon as feasible, in a specified order, if sufficient cash is available to make all payments through April 15, 2010, including the payments otherwise subject to deferral, and maintain a prudent cash reserve. This bill would enact, until September 1, 2011, a cash management plan to authorize the Controller, Treasurer, and Director of Finance to defer General Fund payments for up to 60 or 90 days, as specified, beginning July 2010, for specific departments and programs subject to specific conditions. (2) Existing law requires specified transfers of General Fund revenue to the Supplemental Benefit Maintenance Account in the Teachers' Retirement Fund, a continuously appropriated fund, on November 1 and April 1 of each fiscal year. This bill would revise those transfer dates to October 15 and April 15, respectively, of each fiscal year, and would specify that each payment be 50% of the annual appropriation. (3) Existing law requires state excise fuel tax revenues to be deposited in certain accounts and to be allocated, in part, for various purposes, including the cost of collection and authorized refunds. Existing law requires the balance of these funds remaining after authorized deductions to be transferred to, and deposited monthly in, the Highway Users Tax Account in the Transportation Tax Fund. Existing law provides for annual and monthly apportionment by the Controller of specified revenues in the Highway Users Tax Account to cities, counties, and cities and counties for the transportation purposes authorized by Article XIX of the California Constitution. Existing law requires transfers of those revenues from the Highway Users Tax Account to counties or cities that would otherwise be made during certain months of 2009 and 2010 to instead be deferred and paid on or within 2 working days of April 28, 2010, with a specified exception. The bill would extend the deferral of apportionments from the Highway Users Tax Account in the Transportation Tax Fund to cities, counties, and cities and counties from July 2010 to March 2011, inclusive, and limit the amount of those deferrals to no more than $50,000,000 per month. (4) 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 January 8, 2010. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on January 8, 2010, pursuant to the California Constitution. (3) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. From Assembly without further action.

  2. Read third time. Amended. To third reading.

  3. Read second time. To third reading.

  4. Permission granted to take up without reference to committee or file.

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

  6. Read third time. Passed. (Ayes 21. Noes 0. Page 29.) To Assembly.

  7. Read second time. To third reading.

  8. Placed on second reading file.

  9. Withdrawn from committee.

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

Sponsors

  • Committee on Budget and Fiscal Review · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 1 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

SB5 B.& F. R. Senate Third Reading Amend By EVANS Set #1 Eighth Extraordinary Session

Passed 52 Yea · 23 Nay · 16 Other
Party YeaNayPresentNot Voting
Unaffiliated 4622015
Democratic 5000
Republican 1101
Total 5223016
% of votes cast 57%25%0%18%
How each member voted (91)
Member Party Vote
Emmerson — Nay
Eng — Yea
Feuer — Yea
DeVore — Not Voting
Garrick — Nay
Chesbro — Yea
Evans — Yea
Fuentes — Yea
Charles — Yea
Fuller — Nay
Furutani — Yea
Galgiani — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Bonnie — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Cook — Nay
Coto — Yea
Tom — Nay
Berryhill — Nay
Gilmore — Nay
Hagman — Nay
Gaines — Nay
Bass — Yea
Beall — Yea
Davis — Yea
Hall — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Ma — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Yamada — Not Voting
Bill — Not Voting
Berryhill — Not Voting
Fletcher — Not Voting
V. — Not Voting
Manuel — Not Voting
Perez — Not Voting
Saldana — Not Voting
Audra — Not Voting
Carter — Not Voting
Conway — Not Voting
Harkey — Nay
Jeffries — Nay
Knight — Nay
Logue — Nay
Nielsen — Nay
Silva — Nay
Smyth — Nay
Tran — Nay
Adams — Not Voting
Ammiano — Yea
Anderson — Nay
Blakeslee — Nay
Block — Not Voting
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Lieu — Yea
Mendoza — Yea
Miller — Nay
Nestande — Nay
Norby — Nay
Swanson — Yea
Torrico — Yea
Villines — 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 Nay
Strickland, Tony Republican Not Voting

Official roll call →

SENATE 3RD READING SB5 COMMITTEE ON B. & F.R. (DUCHENY)

Passed 22 Yea · 0 Nay · 18 Other
Party YeaNayPresentNot Voting
Unaffiliated 190017
Democratic 3000
Republican 0001
Total 220018
% of votes cast 55%0%0%45%
How each member voted (40)
Member Party Vote
Cox — Not Voting
DeSaulnier — Yea
Denham — Not Voting
Florez — Not Voting
Yee — Yea
Wyland — Not Voting
Negrete — Yea
Cedillo — Yea
Hancock — Yea
Hollingsworth — Not Voting
Huff — Not Voting
Runner — Not Voting
Cogdill — Not Voting
Corbett — Not Voting
Kehoe — Yea
Liu — Yea
McLeod — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Ashburn — Not Voting
Correa — Not Voting
Ducheny — Yea
Dutton — Not Voting
Wiggins — Yea
Wolk — Yea
Aanestad — Not Voting
Alquist — Yea
Harman — Not Voting
Leno — Yea
Maldonado — Not Voting
Oropeza — Not Voting
Romero — Yea
Steinberg — Yea
Walters — Not Voting
Wright — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

Subjects

public-safety taxation finance transportation
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Frequently asked questions

What does SB 5 do?
(1) Existing law requires the Controller to notify the Governor and the Pooled Money Investment Board when the General Fund is or will be exhausted. The Governor is then authorized to order the Controller to direct the transfer of all or any part of the moneys not needed in other funds or accounts, with specified exceptions, to the General Fund from those funds or accounts, as determined by the Pooled Money Investment Board. This bill would require that specified General Fund payments to be made in March 2010 would be paid no sooner than April 15, 2010, but no later than May 1, 2010, which would be carried out by the Controller. The bill would require the Controller, Treasurer, and Director of Finance, prior to the payment deferrals, to jointly review and compare the actual General Fund receipts and disbursements with the receipt and disbursement projections contained in the cashflow statements associated with the proposed 2010–11 Governor's Budget. The bill would require the payments that would otherwise be deferred to be made if sufficient cash is available, as specified, and would require the Department of Finance to notify the Joint Legislative Budget Committee of the payments. If payments are deferred, beginning April 1, 2010, the bill would require the Controller, Treasurer, and Director of Finance to review daily the actual cash receipts and disbursements in comparison to the receipt and disbursement projections associated with the proposed 2010–11 Governor's Budget. The bill would require the deferred payments to be made as soon as feasible, in a specified order, if sufficient cash is available to make all payments through April 15, 2010, including the payments otherwise subject to deferral, and maintain a prudent cash reserve. This bill would enact, until September 1, 2011, a cash management plan to authorize the Controller, Treasurer, and Director of Finance to defer General Fund payments for up to 60 or 90 days, as specified, beginning July 2010, for specific departments and programs subject to specific conditions. (2) Existing law requires specified transfers of General Fund revenue to the Supplemental Benefit Maintenance Account in the Teachers' Retirement Fund, a continuously appropriated fund, on November 1 and April 1 of each fiscal year. This bill would revise those transfer dates to October 15 and April 15, respectively, of each fiscal year, and would specify that each payment be 50% of the annual appropriation. (3) Existing law requires state excise fuel tax revenues to be deposited in certain accounts and to be allocated, in part, for various purposes, including the cost of collection and authorized refunds. Existing law requires the balance of these funds remaining after authorized deductions to be transferred to, and deposited monthly in, the Highway Users Tax Account in the Transportation Tax Fund. Existing law provides for annual and monthly apportionment by the Controller of specified revenues in the Highway Users Tax Account to cities, counties, and cities and counties for the transportation purposes authorized by Article XIX of the California Constitution. Existing law requires transfers of those revenues from the Highway Users Tax Account to counties or cities that would otherwise be made during certain months of 2009 and 2010 to instead be deferred and paid on or within 2 working days of April 28, 2010, with a specified exception. The bill would extend the deferral of apportionments from the Highway Users Tax Account in the Transportation Tax Fund to cities, counties, and cities and counties from July 2010 to March 2011, inclusive, and limit the amount of those deferrals to no more than $50,000,000 per month. (4) 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 January 8, 2010. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on January 8, 2010, pursuant to the California Constitution. (3) This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors SB 5?
SB 5 is sponsored by Committee on Budget and Fiscal Review.
What is the current status of SB 5?
This bill died with 2009-2010, 8th 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 5?
Track SB 5 free on One Click Politics — get push/email alerts when it moves.

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