Store Research
ASSEMBLY BILL 3252 (PAPAN – 1980)
CHAPTER 1144, STATUTES OF 1980
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Assembly Bill 3252 was a single-section bill that enacted only Evidence Code section 669.5. (See Exhibit A, #1e) Assembly Bill 3252 was introduced by Assembly member Louis J. Papan on March 12, 1980 and was written by Phil Angelides, Consultant to the Assembly Speaker, as part of the 1979-80 Assembly housing package. (See Exhibit A, #13, documents PE-3 and PE-9)
Assembly Bill 3252 was assigned to the Assembly Committee on Local Government and the Senate Committee on Local Government where policy issues raised by the bill were considered. (See Exhibit A, #3 and #6) Two amendments were made to Assembly Bill 3252, one by the Assembly and one by the Senate. (See Exhibit A, #1b, #1c, and #2) Subsequent to the Senate amendment, the bill was forwarded to the Assembly for approval. (See Exhibit A, #2) When Assembly Bill 3252 was returned to the Assembly, the Senate's amendments were reviewed and rejected. Consequently, Assembly Bill 3252 was assigned to a Conference Committee. (Id.)
As last amended by the Conference Committee on August 30, 1980 Assembly Bill 3252 is summarized as follows in a document entitled, “STATEMENT ON ASSEMBLY BILL 3252 CONFERENCE REPORT” found in the file of the author of the bill:
Assembly Bill 3252 would establish a presumption that a local ordinance which directly limits the numer [sic] of residential building permits which may be issued or the number of lots which may be used for housing has an effect on housing supply in the region. It would provide that in any action challenging such an ordinance, the local government would bear the burden of proof that the ordinance was necessary for the public health, safety, and welfare. Assembly Bill 3252 would exempt from the bill’s provisions ordinances which create agricultural preserves; which impose a temporary moratorium for public health and safety reasons; and which limit density or designate land for non-residential uses.
The conference amendments delete the exemption for all initiatives and instead exempt voter approved initiatives and ordinances, enacted prior to the effective date of the bill, which tie growth to the state’s rate of growth.
(See Exhibit A, #12, document A-5)