BILL NUMBER: AB 1192	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 4, 2010
	AMENDED IN ASSEMBLY  APRIL 20, 2009

INTRODUCED BY   Assembly Member Audra Strickland

                        FEBRUARY 27, 2009

   An act to add Section  37113   53  
081  to the Government Code, relating to  cities.
  local governments. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1192, as amended, Audra Strickland.  Cities: 
 Local government:  powers.
   Existing law authorizes a board of trustees, city council, or
other governing body of a city, defined as a legislative body, to
pass ordinances not in conflict with state or federal law and the
state or federal constitution.
   This bill would prohibit a legislative body  , as defined,
 from selling or leasing any  existing public
improvement to a private or public entity, including any entity
controlled by the city, for the purposes of renting or leasing back,
or repurchasing through installment payments that existing public
improvement   building to an entity that is controlled
by the legislative body to raise money to fund the general expenses
of the   jurisdiction of the legislative body  . This
bill would also declare that this prohibition is a matter of
statewide concern, thus making it applicable to charter and general
cities.
   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 53081 is added to the 
 Government Code   , to read:  
   53081.  A legislative body shall not sell or lease any building to
an entity that is controlled by the legislative body to raise money
to fund the general expenses of the jurisdiction of the legislative
body.  
  SECTION 1.    Section 37113 is added to the
Government Code, to read:
   37113.  The legislative body of a city, including a charter city
or city and county, shall not sell or lease any existing public
improvement to a private or public entity, including an entity
controlled by the city, for the purposes of renting or leasing back,
or repurchasing through installment payments that existing public
improvement. 
  SEC. 2.  The Legislature finds and declares that the usual purpose
of those arrangements is to evade the constitutional requirement of
voter approval for new debt. The Legislature further finds and
declares that increasing the debt to be serviced by California
taxpayers without their approval impairs the financial health of
cities, and the state as a whole, and therefore, this act pertains to
an issue of statewide concern and is not purely a municipal affair,
as that term is used in Section 5 of Article XI of the California
Constitution.