California 2009-2010, 8th Special Session Status: Enacted

AB 5 — State cash resources.

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

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

This bill has been enacted into law. Introduced January 15, 2010. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

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

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 12:40 p.m.

  4. Urgency clause adopted. Senate amendments concurred in. To enrollment. (Ayes 55. Noes 15. Page 122.)

  5. From committee: With recommendation: That Senate amendments be concurred in. (Ayes 19. Noes 3.) (February 24).

  6. Re-referred to Com. on BUDGET by unanimous consent.

  7. In Assembly. Concurrence in Senate amendments pending.

  8. Read third time. Urgency clause adopted. Passed and to Assembly. (Ayes 37. Noes 2. Page 87.)

  9. Joint Rule 10.5 suspended. (Ayes 35. Noes 0. Page 86.)

  10. (Corrected March 4.)

  11. Read third time, amended, and returned to third reading.

  12. Read second time. To third reading.

  13. To second reading.

  14. Withdrawn from committee.

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

  16. Read third time, passed, and to Senate. (Ayes 46. Noes 0. Page 51.)

  17. Read second time. To third reading.

  18. Ordered to second reading.

  19. Without reference to committee.

  20. From printer.

  21. Read first time. To print.

Sponsors

  • Committee on Budget · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 2 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

AB5 BUDGET Concurrence in Senate Amendments By EVANS Eighth Extraordinary Session

Passed 64 Yea · 18 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 581609
Democratic 4100
Republican 2100
Total 641809
% of votes cast 70%20%0%10%
How each member voted (91)
Member Party Vote
Conway — Yea
Emmerson — Yea
Evans — Yea
Davis — Not Voting
DeVore — Not Voting
Fuller — Nay
Garrick — Not Voting
Hall — Not Voting
Chesbro — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Charles — Yea
Adams — Yea
Ammiano — Yea
Eng — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Yamada — Not Voting
Gaines — Yea
Bonnie — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Carter — Not Voting
Feuer — Yea
V. — Nay
Manuel — Nay
Perez — Nay
Audra — Nay
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Fletcher — Not Voting
Saldana — Not Voting
Cook — Yea
Coto — Yea
Anderson — Nay
Blakeslee — Nay
Gilmore — Yea
Hagman — Yea
Harkey — Nay
Hayashi — Yea
Hill — Yea
Huber — Yea
Jeffries — Nay
Knight — Nay
Logue — Nay
Mendoza — Yea
Miller — Nay
Monning — Yea
Nestande — Nay
Norby — Nay
Ruskin — Yea
Skinner — Yea
Smyth — Nay
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Bass — Not Voting
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Lieu — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Silva — Nay
Solorio — Yea
Torres — Yea
Villines — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Nay
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 →

Senate amendments be concurred in.

Passed 22 Yea · 3 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 21207
Democratic 1100
Total 22307
% of votes cast 69%9%0%22%
How each member voted (32)
Member Party Vote
Emmerson — Not Voting
Feuer — Yea
Fuller — Nay
Evans — Yea
Carter — Not Voting
Bill — Yea
Berryhill — Yea
Gilmore — Yea
De — Yea
La — Yea
Torre — Yea
Chesbro — Yea
Hernandez — Yea
Hill — Yea
Huffman — Not Voting
Beall — Yea
Cook — Yea
Jeffries — Not Voting
Monning — Yea
Nielsen — Yea
Ruskin — Yea
Skinner — Yea
Swanson — Yea
Adams — Not Voting
Blumenfield — Yea
Brownley — Yea
Harkey — Nay
Ma — Yea
Nestande — Not Voting
Silva — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Nay

Official roll call →

Assembly 3rd Reading AB5 Committee on BUDGET (Evans) Urgency Clause

Passed 38 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 34200
Democratic 3000
Republican 1000
Total 38200
% of votes cast 95%5%0%0%
How each member voted (40)
Member Party Vote
Wyland — Yea
Corbett — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Yee — Nay
Cedillo — Yea
Hancock — Yea
Cogdill — Yea
Huff — Yea
Kehoe — Yea
McLeod — Yea
Negrete — Yea
Runner — Yea
Alquist — Yea
Ducheny — Yea
Dutton — Yea
Oropeza — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Walters — Yea
Wiggins — Yea
Wolk — Yea
Correa — Nay
Aanestad — Yea
Ashburn — Yea
Harman — Yea
Hollingsworth — Yea
Leno — Yea
Liu — Yea
Maldonado — Yea
Romero — Yea
Steinberg — Yea
Wright — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB5 BUDGET Assembly Third Reading By EVANS Eighth Extraordinary Session

Passed 54 Yea · 0 Nay · 37 Other
Party YeaNayPresentNot Voting
Unaffiliated 480035
Democratic 5000
Republican 1002
Total 540037
% of votes cast 59%0%0%41%
How each member voted (91)
Member Party Vote
Emmerson — Not Voting
Eng — Yea
Feuer — Yea
DeVore — Not Voting
Yamada — Yea
Furutani — Yea
Garrick — Not Voting
V. — Yea
Nava — Yea
Evans — Yea
Fuentes — Yea
Galgiani — Yea
Hall — Yea
Hayashi — Yea
Chesbro — Yea
Tom — Yea
Berryhill — Yea
Hill — Yea
Huffman — Yea
Charles — Yea
Lieu — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Bonnie — Yea
Coto — Yea
Monning — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Carter — Not Voting
Conway — Not Voting
Cook — Not Voting
Bill — Not Voting
Berryhill — Not Voting
Fuller — Not Voting
Gilmore — Not Voting
Hagman — Not Voting
Fletcher — Not Voting
Gaines — Not Voting
John — Not Voting
A. — Not Voting
Perez — Not Voting
Audra — Not Voting
Jeffries — Not Voting
Davis — Not Voting
Adams — Not Voting
Bass — Yea
Logue — Not Voting
Mendoza — Not Voting
Miller — Not Voting
Nestande — Not Voting
Norby — Not Voting
Silva — Not Voting
Smyth — Not Voting
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Not Voting
Ammiano — Yea
Anderson — Not Voting
Beall — Yea
Blakeslee — Not Voting
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Not Voting
Buchanan — Yea
Harkey — Not Voting
Hernandez — Yea
Huber — Yea
Knight — Not Voting
Ma — Yea
Nielsen — Not Voting
Ruskin — Yea
Skinner — Yea
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 Not Voting
Strickland, Tony Republican Not Voting

Official roll call →

Subjects

taxation finance
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Frequently asked questions

What does AB 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 AB 5?
AB 5 is sponsored by Committee on Budget.
What is the current status of AB 5?
This bill has been enacted into law. Introduced January 15, 2010. Enacted.
Where can I track AB 5?
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