Bill Text: CA AB46 | 2011-2012 | Regular Session | Amended

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Bill Title: Local government: cities.

Spectrum: Moderate Partisan Bill (Democrat 74-20)

Status: (Engrossed - Dead) 2011-08-29 - Read third time. Refused passage. (Ayes 13. Noes 17. Page 2084.). [AB46 Detail]

Download: California-2011-AB46-Amended.html

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BILL NUMBER: AB 46	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 28, 2011
	AMENDED IN ASSEMBLY  APRIL 4, 2011
	AMENDED IN ASSEMBLY  FEBRUARY 28, 2011

INTRODUCED BY   Assembly Member John A. Pérez
   (Principal coauthor: Assembly Member Smyth)
   (Coauthors: Assembly Members Achadjian, Alejo, Allen, Ammiano,
Atkins, Beall, Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter,
Cedillo, Chesbro, Cook, Davis, Dickinson,  Donnelly,
 Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,  Beth
Gaines,  Galgiani, Gatto, Gordon, Gorell, Grove, Halderman,
Hall, Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman,
Jones, Knight, Lara, Logue, Bonnie Lowenthal, Ma, Miller, Mitchell,
 Mendoza,  Monning, Nestande, Nielsen, Norby, Olsen,
Pan, Perea, V. Manuel Pérez, Portantino, Silva, Skinner, Solorio,
Swanson, Torres, Wagner, Wieckowski, Williams, and Yamada)
   (Coauthors: Senators Alquist, Calderon, Correa, De León,
DeSaulnier, Evans, Hancock,  Hernández,  
Hernandez,  Kehoe, Leno, Lieu, Liu, Lowenthal, Negrete McLeod,
Pavley, Price, Rubio, Simitian, Steinberg, Strickland, Vargas, Wolk,
and Yee)

                        DECEMBER 6, 2010

   An act to add Section 56668.6 to the Government Code, relating to
local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 46, as amended, John A. Pérez. Local government: cities.
   Existing law, the Cortese-Knox-Hertzberg Local Government
Reorganization Act of 2000, sets forth the procedures for
incorporations and changes of organizations of cities, including
procedures for disincorporation.
   This bill would provide that every city with a population of less
than 150 people as of January 1, 2010, would be disincorporated into
that city's respective county as of 91 days after the effective date
of the bill, unless a county board of supervisors determines, by
majority vote within the 90-day period following enactment of these
provisions, that continuing such a city within that county's
boundaries would serve a public purpose if the board of supervisors
determines that the city is in an isolated rural location that makes
it impractical for the residents of the community to organize in
another form of local governance. The bill would also require the
local agency formation commission within the county to oversee the
terms and conditions of the disincorporation of the city, as
specified. 
   The bill would become operative only if AB 781 of the 2011-12
Regular Session is enacted. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 56668.6 is added to the Government Code, to
read:
   56668.6.  (a) Notwithstanding Chapter 1 (commencing with Section
56650) and Chapter 2 (commencing with Section 56700) of Part 3, and
Part 4 (commencing with Section 57000), every city with a population
of fewer than 150 persons, according to the official records of the
Department of Finance, as of January 1, 2010, is hereby
disincorporated into that city's respective  County 
 county  as of 91 days after the effective date of the act
adding this section, except as provided by subdivision (b).
   (b) A county board of supervisors may determine, by majority vote,
within 90 days of the effective date of the act adding this section,
that continuing a city within that county's boundaries that would
otherwise be disincorporated pursuant to subdivision (a) would serve
a public purpose if the board of supervisors finds, on the basis of
substantial evidence on the record before it, that the city is in an
isolated, rural location that makes it impractical for the residents
of the community to organize in another form of local governance. If
a county board of supervisors votes, pursuant to this subdivision, to
continue a city in existence, that city shall not be
disincorporated.
   (c) If a city is disincorporated pursuant to subdivision (a), the
requirements of Chapter 5 (commencing with Section 57400) of Part 5
shall apply and shall be overseen by the commission. The commission's
authority shall include, but is not limited to, the power to enforce
the requirements of that chapter pursuant to Section 1085 of the
Code of Civil Procedure.
   SEC. 2.    This act shall become operative only if
Assembly Bill 781 of the 2011-12 Regular Session of the Legislature
is enacted.