BILL ANALYSIS                                                                                                                                                                                                    



                                                                AB 1668
                                                                Page  1
        CONCURRENCE IN SENATE AMENDMENTS
        AB 1668 (Knight)
        As Amended  May 24, 2010
        Majority vote
         
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        |ASSEMBLY:  |70-0 |(April 15,      |SENATE: |29-0 |(June 17,      |
        |           |     |2010)           |        |     |2010)          |
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         Original Committee Reference:    E. & R.   

         SUMMARY  :  Extends the amount of time a city council has to fill a  
        vacancy by appointment in an elective city office. Changes the  
        number of city council members that hold office following the first  
        general municipal election in a newly incorporated city that elects  
        council members at large.  Makes various non-substantive changes to  
        existing law to make references to city council members gender  
        neutral.  Specifically,  this bill  :

        1)Extends the amount of time that a city council has to fill a  
          vacancy in an elective city office, including the office of mayor,  
          from 30 days to 60 days from the date of the vacancy. 

        2)Decreases the number of city council members in a newly  
          incorporated city that elects council members at large that hold  
          office until the first general municipal election after  
          incorporation from three to two and increases the number of city  
          council members that hold office until the second general  
          municipal election after incorporation from two to three. 

         The Senate amendments  change the references to city "councilman" and  
        "councilmen" to city "council member" and "council members" in  
        various provisions of law and are consistent with Assembly actions.
         
        AS PASSED BY THE ASSEMBLY  , this bill was similar to the version  
        approved by the Senate.

        FISCAL EFFECT  :  Keyed non-fiscal by the Legislative Counsel.

         COMMENTS :  According to the author, "Current law dictates that a  
        city council must fill a vacant council position within 30 days from  
        the time the member steps down. It requires that the council either  
        appoint a replacement, or they must schedule a special election if  
        they cannot come to an agreement. This law results in an unnecessary  
        financial burden on the citizens of the city when the council is  








                                                                AB 1668
                                                                Page  2
        only provided 30 days to not only agree upon a replacement but also  
        undergo the process of appointing the chosen replacement. AB 1668  
        would allow a city council seat to remain vacant for up to 60 days  
        before a city council must appoint a new member or call a special  
        election.

        "In addition, this bill conforms three sections of the Government  
        Code pertaining to city council election terms of newly incorporated  
        cities. By conforming GC Section 57377 and Section 57379 with GC  
        Section 34884 it ensures that regardless of which of those three  
        election systems the people initially choose, if they decide later  
        to be represented differently, the same number of council members  
        would be up for reelection at the first election following  
        incorporation."

        This bill is similar to AB 18 (Knight) of 2009.  The measure was  
        vetoed by the Governor, who stated that "30 days is a sufficient  
        amount of time for a city council to fill a vacancy in an elective  
        city office by appointment or to call a special election."
         
        Analysis Prepared by  :    Qiana Charles / E. & R. / (916) 319-2094     
                FN:  0004466