BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 743|
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THIRD READING
Bill No: AB 743
Author: Logue (R)
Amended: 6/11/13 in Senate
Vote: 21
SENATE GOVERNANCE & FINANCE COMMITTEE : 7-0, 6/5/13
AYES: Wolk, Knight, Beall, DeSaulnier, Emmerson, Hernandez, Liu
ASSEMBLY FLOOR : 77-0, 4/25/13 - See last page for vote
SUBJECT : The Cortese-Knox-Hertzberg Local Government
Reorganization Act of 2000
SOURCE : Author
DIGEST : This bill makes permanent provisions of law that
allow local agency formation commissions (LAFCOs) to waive the
protest hearing for the annexation of unincorporated islands.
ANALYSIS :
Existing law:
1. Establishes the procedures for the organization and
reorganization of cities, counties, and special districts
under the Cortese-Knox-Hertzberg Local Reorganization Act of
2000.
2. Requires a LAFCO to approve the annexation after notice and
hearing and waive protest proceedings for the annexation to a
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AB 743
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city of an unincorporated island, if the following apply:
A. The change of organization or reorganization is
initiated on or after January 1, 2000, and before January
1, 2014;
B. The change of reorganization is proposed by resolution
adopted by the affected city; and,
C. The LAFCO finds that the territory in the proposed
change of organization or reorganization proposal does not
exceed 150 acres in area, constitutes an entire
unincorporated island located within the limits of a city,
is surrounded, is substantially developed or developing,
is not prime agricultural land, and will benefit from the
change of organization or reorganization or will benefit
from the annexing city.
3. Allows a separate property tax transfer agreement between a
city and county regarding an annexed island under the process
in #2 above without affecting any existing master tax sharing
agreement between the city and county.
4. Provides limitations on the process described in #2 above for
territory surrounded by a city after January 1, 2000, in
which annexation is proposed.
This bill:
1. Eliminates the January 1, 2014, sunset date that allows a
LAFCO to waive the protest hearing for the annexation of
territory that meets specified requirements in state law.
2. Provides that the authority to initiate, conduct, and
complete changes in organization or reorganization does not
apply to any territory that, after January 1, 2014, became
surrounded or substantially surrounded by the city to which
the annexation is proposed, except for islands created after
January 1, 2014 as a result of boundary adjustments between
two counties.
3. Repeals language that specifies the process for island
annexations on or after the January 1, 2014 sunset date.
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FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/12/13)
California Association of Local Agency Formation Commissions
California State Association of Counties
City of Napa
Local Agency Formation Commission of Napa County
Orange County Local Agency Formation Commission
Riverside Local Agency Formation Commission
ARGUMENTS IN SUPPORT : Supporters argue that the streamlined
provisions in existing law have assisted cities, counties, and
LAFCOs to transition municipal services in these areas to the
adjacent cities, which are best able to provide those services.
This bill will make those beneficial provisions permanent.
ASSEMBLY FLOOR : 77-0, 4/25/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Ch�vez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell,
Gray, Grove, Hagman, Hall, Harkey, Roger Hern�ndez, Holden,
Jones, Jones-Sawyer, Levine, Linder, Logue, Maienschein,
Mansoor, Medina, Melendez, Mitchell, Morrell, Mullin,
Muratsuchi, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel
P�rez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,
Ting, Torres, Wagner, Waldron, Weber, Wieckowski, Wilk,
Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Lowenthal, Nazarian, Vacancy
AB:k 6/12/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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