BILL NUMBER: AB 46 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY FEBRUARY 28, 2011
INTRODUCED BY Assembly Member John A. Pérez
(Principal coauthor: Assembly Member Smyth)
(Coauthors: Assembly Members Lara
and Norby Achadjian,
Alejo, Allen, Ammiano, Atkins,
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,
Gatto, Gordon, Gorell, Grove,
Halderman, Hall, Harkey, 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, Skinner,
Solorio, Torres, Wagner, Wieckowski,
Williams, and Yamada )
( Coauthor: Senator
De León Coauthors: Senators
Alquist, Calderon, Correa, De León,
DeSaulnier, Evans, Hancock,
Hernandez, Kehoe, Leno, Lieu,
Liu, Alan 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
those cities' respective counties as of 90 days after the effective
date of the bill, unless a county board of supervisors determines, by
majority vote within that 90-day period, that continuing such a city
within that county's boundaries would serve a public purpose because
the location of the city, in a rural or isolated location, makes it
impractical for the residents of the community to organize in another
forum of local governance.
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 the procedures for disincorporation
set forth in this division, every city with a population of less than
150 persons, as of January 1, 2010, is hereby disincorporated as of
90 days after the effective date of the act adding this section, into
those cities' respective counties, 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 because the location of the city, in a rural or
isolated location, makes it impractical for the residents of the
community to organize in another forum of local governance. If a
county board of supervisors votes, pursuant to this subdivision, to
continue a city in existence, that the
city shall not be disincorporated and shall continue as a general law
or charter city.