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ASSEMBLY BILL 1963 (CORTESE – 1989)

CHAPTER 1268, STATUTES OF 1989, AB 1963

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Government Code section 66452.6 was amended in 1989 following legislative passage of Assembly Bill 1963, introduced by Assembly member Dominic Cortese on March 9, 1989.  (See Exhibit #1a)  No other code sections were affected by Assembly Bill 1963, which was sponsored by the American Planning Association.  (See Exhibits #1d and #11, page 1)  Assembly member Cortese served at this time as the chair of the Assembly Committee on Local Government.  (See Exhibits #3 and #15, document PE-2)

Assembly Bill 1963 was assigned to the Assembly Committee on Local Government for consideration of the policy issues raised by the bill.  (See Exhibit #3)  After approval by that Committee, the Assembly Committee on Ways and Means examined its fiscal ramifications.  (See Exhibit #4)  The Assembly amended the bill on May 17, 1989.  (See Exhibit #1b)  Assembly Bill 1963 was approved by the Assembly and forwarded to the Senate on June 27, 1989.  (See Exhibit #2)

While in the Senate, the Committee on Housing and Urban Affairs heard the policy issues presented by the bill.  (See Exhibit #7)  Subsequent to approval by that Committee, Assembly Bill 1963 was assigned to the Senate Committee on Appropriations, which examined its fiscal implications.  (See Exhibit #9)  One amendment was made to Assembly Bill 1963 by the Senate, on August 22, 1989.  (See Exhibit #1c)  The Senate voted to pass the bill on September 11, 1989, and it was returned to the Assembly on September 12, 1989.  (See Exhibit #2)

The Assembly approved the Senate amendments and forwarded Assembly Bill 1963 to the Governor on September 19, 1989.  Governor George Deukmejian signed the bill on October 1, 1989, and it was recorded by the Secretary of State on that date as Chapter 1268 of the Statutes of 1989.  (See Exhibits #1d and #2)

The Office of Senate Floor Analyses Third Reading analysis indicated that Assembly Bill 1963, as last amended on August 22, 1989, “increases the amount a subdivider must expend to finance public improvements in order to qualify for an extension of the tentative map.”   (See Exhibit #11, page 1) 

In analyzing the specific changes made by Assembly Bill 1963, the Third Reading analysis stated the bill:

1.    Increases the $100,000 threshold provisions to $125,000, which the subdivider is required to spend on public improvements outside the property boundaries of the tentative map, in order to receive a tentative map extension.

2.    Excludes public improvements of public rights-of-way which abut the boundary of the property and which are reasonably related to the development of the property.
(See Exhibit #11, page 1)