BILL NUMBER: AB 936 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 12, 2011
AMENDED IN SENATE JUNE 22, 2011
AMENDED IN ASSEMBLY MAY 2, 2011
INTRODUCED BY Assembly Member Hueso
FEBRUARY 18, 2011
An act to add Article 4.4 (commencing with Section 33354.7) to
Chapter 4 of Part 1 of Division 24 of the Health and Safety Code,
relating to redevelopment.
LEGISLATIVE COUNSEL'S DIGEST
AB 936, as amended, Hueso. Redevelopment: debt forgiveness.
The Community Redevelopment Law authorizes the establishment of
redevelopment agencies in communities to address the effects of
blight, as defined. Existing law requires the agencies, among other
things, to comply with public hearing and notice requirements
relating to, among other things, the adoption and amendment of
redevelopment plans, the expenditure of funds, and the financing of
projects.
This bill would require an agency or public body
to adopt a resolution stating its intention to forgive the
repayment of a loan, advance, or indebtedness owed by a public body
to the agency or an agency to the public body prior to
repayment forgiveness, as specified. The bill would also require
an the agency or public body
, on or before February 1, 2012, to adopt a resolution declaring
whether it has forgiven the repayment of a loan, advance, or
indebtedness owed by a public body or an agency to the public
body during a specified period.
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. Article 4.4 (commencing with Section 33354.7) is added
to Chapter 4 of Part 1 of Division 24 of the Health and Safety Code,
to read:
Article 4.4. Forgiveness of Debts and Loan
33354.7. (a) Before an agency forgives a public body for
or a public body forgives the repayment, wholly
or partially, of a loan, advance, or indebtedness that is owed by a
public body to the agency, the agency agency
or an agency to the public body, the agency or public body forgiving
the repayment shall adopt a resolution that states its
intention to forgive the repayment.
(b) The resolution shall specify all of the following:
(1) The name of the public body or agency .
(2) The amount of the proposed forgiveness.
(3) The terms of the loan, advance, or indebtedness.
(4) The fiscal effect of the proposed forgiveness on the public
body.
(5) The fiscal effect of the proposed forgiveness on the agency.
(6) The date on which the agency or public body intends
to act on the proposed forgiveness which shall be no less than 15
days after the adoption of the resolution.
(c) The adoption of the resolution and the action that forgives
repayment shall not be placed on the agency's or public body's
consent calendar, but shall be adopted by a recorded roll call
vote.
33354.8. (a) On or before February 1, 2012, an agency or
public body shall adopt a resolution that declares whether or
not it has forgiven, during the period of time commencing January 1,
2010 through December 31, 2011, the repayment, wholly or partially,
of a loan, advance, or indebtedness that has been owed by a public
body to the agency or an agency to the public body .
(b) The resolution shall specify all of the following:
(1) The name of the public body or agency .
(2) The amount of the forgiveness.
(3) The terms of the loan, advance, or indebtedness.
(4) The fiscal effect of the proposed forgiveness on the public
body.
(5) The fiscal effect of the proposed forgiveness on the agency.
(c) No less than 10 days after the adoption of the resolution, the
agency or public body shall transmit a copy of the
resolution to the legislative body and the Controller.