BILL NUMBER: AB 46	AMENDED
	BILL TEXT

	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,  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, 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
 those cities'   that city's  respective
 counties   county  as of  90
  91  days after the effective date of the bill,
unless a county board of supervisors determines, by majority vote
within  that   the  90-day period 
following enactment of these provisions  , 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,   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
 forum   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. 
   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   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  less  
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  as of  90   91  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   if the board of supervisors finds, on the
basis of substantial evidence on the record before it, that the city
is in an  isolated  location,   , rural
location that  makes it impractical for the residents of the
community to organize in another  forum   form
 of local governance. If a county board of supervisors votes,
pursuant to this subdivision, to continue a city in existence,
 the   that  city shall not be
disincorporated  and shall continue as a general law or
charter city  . 
   (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.