BILL NUMBER: AB 1138	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 25, 2002
	AMENDED IN SENATE  JUNE 10, 2002
	AMENDED IN ASSEMBLY  MAY 3, 2001
	AMENDED IN ASSEMBLY  APRIL 19, 2001
	AMENDED IN ASSEMBLY  APRIL 16, 2001
	AMENDED IN ASSEMBLY  MARCH 27, 2001

INTRODUCED BY   Assembly Member Pescetti
    (Coauthor:  Senator Machado) 

                        FEBRUARY 23, 2001

   An act to add Sections 57050.5 and 57132.5 to the Government Code,
relating to incorporation, and declaring the urgency thereof, to
take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1138, as amended, Pescetti.  Incorporation.
   Existing law concerning the incorporation of cities specifies that
a protest hearing on the proposal may be continued from time to time
not to exceed 60 days from the date specified for the hearing in the
notice. Existing law requires that the election on the question of
an incorporation shall be called and held on the next regular
election date occurring at least 88 days after the date upon which
the resolution calling the election was adopted by the conducting
authority.
   This bill would revise those time periods as specified with
respect to the proposed incorporation of Rancho Cordova in Sacramento
County.  
   This bill would make legislative findings and declarations that a
special law is necessary. 
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote:  2/3.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 57050.5 is added to the Government Code, to
read:
   57050.5.  Notwithstanding subdivision (a) of Section 57050, for
the purposes of a proposed incorporation of the community of Rancho
Cordova in Sacramento County, the protest hearing on the proposal may
be continued from time to time but not after August 19, 2002.
  SEC. 2.  Section 57132.5 is added to the Government Code, to read:

   57132.5.  Notwithstanding Section 57132, for the purposes of a
proposed incorporation of the community of Rancho Cordova in
Sacramento County, the election on the question of the incorporation
shall be called and held on the next regular election date occurring
at least 78 days after the date upon which the resolution calling the
election was adopted.
  SEC. 3.   The Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable within
the meaning of Section 16 of Article IV of the California
Constitution because of the unique circumstances faced by the
unincorporated community of Rancho Cordova in the County of
Sacramento.  The facts constituting the special circumstances are as
follows:
   The proposal to incorporate Rancho Cordova was filed before
January 1, 2001, the effective date of Chapter 761 of the Statutes of
2000, the measure that revised the deadlines for the processing of
incorporation proposals.  Pursuant to Section 56101 of the Government
Code, the Rancho Cordova incorporation proposal is being continued
under and processed in accordance with the provisions of the law that
existed before January 1, 2001.  If local officials use all of the
time provided to them by the provisions of the law that existed
before January 1, 2001, the proposal to incorporate Rancho Cordova
would not qualify for the November 5, 2002, general election ballot.
Accordingly, a special act that applies different deadlines only to
the proposal to incorporate Rancho Cordova is necessary.
  SEC. 4.   This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect.  The facts constituting the necessity are:
   In order for the incorporation proceedings for the proposed City
of Rancho Cordova to be completed in a timely manner that will permit
the electors to vote on the question of incorporation at the
November 5, 2002, general election, it is necessary that this act go
into effect immediately.