California Assembly Bill AB46 Amended / Bill

 BILL NUMBER: AB 46AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 4, 2011 AMENDED IN ASSEMBLY FEBRUARY 28, 2011 INTRODUCED BY Assembly Member John A. Prez (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 Hernndez, Hill, Huber, Hueso, Huffman, Jones, Knight, Lara, Logue, Bonnie Lowenthal, Ma, Miller, Mitchell, Mendoza, Monning, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Prez, Portantino,  Silva,  Skinner, Solorio,  Swanson,  Torres, Wagner, Wieckowski, Williams, and Yamada) (Coauthors: Senators Alquist, Calderon, Correa, De Len, DeSaulnier, Evans, Hancock, Hernndez, 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. Prez. 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.