logout

Store Research

ASSEMBLY BILL 133 (BROWN – 1994)

CHAPTER 1199, STATUTES OF 1994, AB 133

Some bill research does not include the Governor's file because at the time we researched the bill, the sitting Governor had not released his chaptered bill file. If the Governor's file is not included with this particular research, please contact our office (1-530-666-1917 or quote@legintent.com) and we will be happy to provide this file at no charge if it is available. Please Note: Governor files did not exist prior to 1943.

As enacted, Assembly Bill 133 amended Government Code sections 25373 and 37361 only, relating to land use in regards to property owned by religious organizations. (See Exhibit #1g)  Assembly member Bates introduced the bill on January 13, 1993 proposing to add section 5540.5.1 to the Public Resources Code relating to the East Bay Regional Park District. (See Exhibit #1a)  The first amendment to Assembly Bill 133, dated August 23, 1993, gutted the bill and replaced the author with Assembly member Willie Brown.  (See Exhibit #1b) 

Assembly Bill 133 was assigned to the Assembly Committee on Water, Parks and Wildlife and the Senate Committee on Local Government where policy issues raised by the bill were considered.  (See Exhibits #3 and #6)  Five amendments were made to Assembly Bill 133.  (See Exhibits #1b through #1f and #2)  Subsequent to legislative approval, Governor Pete Wilson signed the bill on September 30, 1994, and it was recorded by the Secretary of State as Chapter 1199 of the Statutes of 1994.  (See Exhibits #1g and #2)

The Third Reading analysis prepared by the Office of Senate Floor Analyses provided the following digest of Assembly Bill 133 as it was last amended on September 26, 1994:


DIGEST:  This bill prohibits counties and cities from applying historic preservation regulations to non-commercial property owned by any religiously affiliated and not organized for private profit, whether the corporation is organized as a religious corporation, or as a public corporation if the association or corporation objects to the application of the submission to its profits, and the association or corporation makes specific determinations in a public forum or to authorize any body to override the specified determinations.  Specifies that this would not be construed to infringe on the authority of any legislative body to enforce special conditions and regulations on any property designated prior to January 1, 1994.  This bill calls the issue a matter of statewide concern.  The bill says that it ensures religious freedom.
(See Exhibit 7c, page 1)