BILL NUMBER: AB 912	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 27, 2011
	AMENDED IN ASSEMBLY  MAY 2, 2011

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 amended, 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  recommended for dissolution by  
that is consistent with  a prior action of the commission, to
immediately order the dissolution if the dissolution was initiated by
the district board, or  to, within 60 days following the
application being deemed complete by the commission,  
if the dissolution was initiated by an affected local agency, by the
commission, or by petition,  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   Notwithstanding subdivision (a) or
Section 57102, if  a change of organization consists of the
dissolution of a district  recommended for dissolution by a
prior action of the commission   that is consistent with
a prior action of the commission pursuant to Section 56378, 56425,
or 56430  , the commission may do either of the following:
   (1) If the dissolution  was   is 
initiated by the district board, immediately order the dissolution
 without an election or protest proceeding pursuant to this part
 . 
   (2) Within 60 days following the application being deemed complete
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.  
   (2) If the dissolution is initiated by an affected local agency,
by the commission pursuant to Section 56375, or by petition pursuant
to Section 56650, order the dissolution after holding at least one
noticed public hearing, and after conducting protest proceedings in
accordance with this part. Notwithstanding any other law, the
commission shall terminate proceedings if a majority protest exists
in accordance with Section 57078. If a majority protest is not found
the commission shall order the dissolution without an election. 

   (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).