BILL NUMBER: AB 912	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gordon

                        FEBRUARY 17, 2011

   An act to amend Section 57077 of the Government Code, relating to
local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 912, as introduced, Gordon. Local government: organization.
   The Cortese-Knox-Hertzberg Local Government Reorganization Act of
2000 requires a local agency formation commission, where the
commission is considering a change of organization that consists of a
dissolution, disincorporation, incorporation, establishment of a
subsidiary district, consolidation, or merger, to either order a
change of organization subject to confirmation of the voters, as
specified, or order the change of organization without an election if
the change of organization meets certain requirements.
   This bill would authorize the commission, where the commission is
considering a change of organization that consists of the dissolution
of a district with zero sphere of influence, to immediately order
the dissolution if the dissolution was initiated by the district
board, or to, within 30 days following the approval of the
application by the commission, hold at least one noticed public
hearing on the proposal, and order the dissolution without an
election, unless a majority protest exists, 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 57077 of the Government Code is amended to
read:
   57077.  (a) If a change of organization consists of a dissolution,
disincorporation, incorporation, establishment of a subsidiary
district, consolidation, or merger, the commission shall do either of
the following:
   (1) Order the change of organization subject to confirmation of
the voters, or in the case of a landowner-voter district, subject to
confirmation by the landowners, unless otherwise stated in the
formation provisions of the enabling statute of the district or
otherwise authorized pursuant to Section 56854.
   (2) Order the change of organization without election if it is a
change of organization that meets the requirements of Section 56854,
57081, 57102, or 57107; otherwise, the commission shall take the
action specified in paragraph (1). 
   (b) If a change of organization consists of the dissolution of a
district with zero sphere of influence, the commission may do either
of the following:  
   (1) If the dissolution was initiated by the district board,
immediately order the dissolution.  
   (2) Within 30 days following the approval of the application by
the commission, hold at least one noticed public hearing on the
proposal. Following the conclusion of the hearing, the commission may
order the dissolution without an election, unless a majority protest
exists, pursuant to Section 57078.  
   (b) 
    (c)  If a reorganization consists of one or more
dissolutions, incorporations, formations, disincorporations, mergers,
establishments of subsidiary districts, consolidations, or any
combination of those proposals, the commission shall do either of the
following:
   (1) Order the reorganization subject to confirmation of the
voters, or in the case of landowner-voter districts, subject to
confirmation by the landowners, unless otherwise authorized pursuant
to Section 56854.
   (2) Order the reorganization without election if it is a
reorganization that meets the requirements of Section 56853.5,
56853.6, 56854, 57081, 57102, 57107, or 57111; otherwise, the
commission shall take the action specified in paragraph (1).