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.