ASSEMBLY BILL 178 (TORKLASON – 1999)
CHAPTER 462, STATUTES OF 1999
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Government Code section 53084 and Health and Safety Code section 33426.7 were added and repealed in 1999 following legislative passage of Assembly Bill 178. (See Exhibit A, #1j) Assembly member Tom Torlakson introduced the legislation on January 19, 1999. (See Exhibit A, #1a)
Assembly Bill 178 was assigned to the Assembly Committee on Housing and Community Development and the Senate Committee on Local Government where policy issues raised by the bill were considered. (See Exhibit A, #3 and #6) Seven amendments were made to Assembly Bill 178, three times in the Assembly and four times in the Senate. (See Exhibit A, #1b through #1i, and #2) Subsequent to legislative approval, Governor Gray Davis signed the bill on September 22, 1999, and it was recorded by the Secretary of State on that same date as Chapter 462 of the Statutes of 1999. (See Exhibit A, #1j and #2)
The Office of Senate Floor Analyses produced a Third Reading analysis of Assembly Bill 178 as last amended that described the bill as follows:
. . . This bill prohibits a redevelopment agency, and a city or county, from providing any form of financial assistance to an automobile dealership or big box retailer, or a business entity that sells or leases land to an automobile dealership or big box retailer, that is relocating from the territorial jurisdiction of one community, or city or county, to the territorial jurisdiction of another community, or city or county, but within the same market area, unless the receiving community, or city or county, offers the other community, or city or county, a contract that apportions sales tax generated by the dealership or retailer between the two communities, or cities or counties, as specified; and the agency, or city or county, holds a public hearing and adopts a resolution making specified findings relating to whether or not a contract has been approved. This bill requires a study and sunsets in five years.
(See Exhibit A, #8, page 1)