BILL NUMBER: AB 822	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hall

                        FEBRUARY 21, 2013

   An act to amend Section 9255 of, and to add Section 9611 to, the
Elections Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 822, as introduced, Hall. Local government retirement plans.
   Under existing law, the adoption of a charter or amendment to a
charter of a city or city and county may be submitted to the voters
at a statewide general, statewide primary, or regularly scheduled
municipal election.
   This bill would require a charter or charter amendment that
proposes to alter, replace, or eliminate the retirement benefit plan
of employees of the city or city and county to be submitted to voters
at a statewide general election.
   Existing law requires local legislative bodies, before authorizing
changes in public retirement plan benefits or other postemployment
benefits, to secure the services of an actuary to provide a statement
of the actuarial impact of the changes.
   This bill would require, whenever a local measure qualifies for
the ballot that proposes to alter, replace, or eliminate the
retirement benefit plan of employees of a local government entity,
whether by initiative or legislative action, the governing body of
the local government entity to secure the services of an independent
actuary to provide a statement, not to exceed 500 words in length, of
the actuarial impact of the proposed measure upon future annual
costs of the retirement benefit plan, and to have this statement
printed on the ballot. The bill would require, under certain
circumstances, that the proponents of an initiative measure pay an
additional filing fee to pay for the costs of the actuarial impact
statement, which would be refunded if the measure is approved by the
voters. The bill would require the governing body to make public at
least 2 weeks prior to the election the future costs that will result
from the changes to the retirement plan proposed by the measure. The
bill would require a specified notice regarding obtaining a copy of
the measure to be printed on the ballot, if text of the measure is
not printed on the ballot, nor in the voter information portion of
the sample ballot.
   By imposing new requirements on local governments, the bill would
impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 9255 of the Elections Code is amended to read:
   9255.  (a)  A   (1)    
Except as otherwise provided in paragraph (2), a  charter or
charter amendment proposed by a charter commission, whether elected
or appointed by a governing body, for a city or city and county shall
be submitted to the voters at an established statewide general,
statewide primary, or regularly scheduled municipal election date
pursuant to Section 1200, 1201, or 1301, provided that there are at
least 95 days before the election. A charter commission may also
submit a charter pursuant to Section 34455 of the Government Code.

   (2) A charter or charter amendment described in paragraph (1) that
proposes to alter, replace, or eliminate the retirement benefit plan
of employees of the city or city and county shall be submitted to
voters only at an established statewide general election. 
   (b)  The  (1)     Except as
otherwise provided in paragraph (2), the  following city or
city and county charter proposals shall be submitted to the voters at
an established statewide general, statewide primary, or regularly
scheduled municipal election, pursuant to Section 1200, 1201, or
1301, provided that there are at least 88 days before the election:

   (1) 
    (A)  An amendment or repeal of a charter proposed by the
governing body of a city or a city and county on its own motion.

   (2) 
    (B)  An amendment or repeal of a city charter proposed
by a petition signed by 15 percent of the registered voters of the
city. 
   (3)   
    (C)  An amendment or repeal of a city and county charter
proposed by a petition signed by 10 percent of the registered voters
of the city and county. 
   (4) 
    (D)  A recodification of the charter proposed by the
governing body on its own motion, provided that the recodification
does not, in any manner, substantially change the provisions of the
charter. 
   (2) A charter or charter amendment described in paragraph (1) that
proposes to alter, replace, or eliminate the retirement benefit plan
of employees of the city or city and county shall be submitted to
voters only at an established statewide general election. 
   (c) Charter proposals by the governing body and charter proposals
by petition of the voters may be submitted at the same election.
   (d) The total number of registered voters of the city or city and
county shall be determined according to the county elections official'
s last official report of registration to the Secretary of State that
was effective at the time the notice required pursuant to Section
9256 was given.
  SEC. 2.  Section 9611 is added to the Elections Code, following
Section 9610, to read:
   9611.  (a) Whenever a local measure qualifies for the ballot that
proposes to alter, replace, or eliminate the retirement benefit plan
of employees of a local government entity, whether by initiative or
legislative action, the governing body of the local government entity
shall do all of the following:
   (1) Secure the services of an independent actuary to provide a
statement, not to exceed 500 words in length, of the actuarial impact
of the proposed measure upon future annual costs of the retirement
benefit plan, including normal cost and any additional accrued
liability.
   (2) Make public at a public meeting at least two weeks prior to
the election that the measure has qualified for, the future costs
that will result from the changes to the retirement plan proposed by
the measure.
   (b) The statement provided pursuant to paragraph (1) of
subdivision (a) shall be printed on the ballot preceding the
arguments for and against the measure, if any.
   (c) If the entire text of the measure is not printed on the
ballot, nor in the voter information portion of the sample ballot,
there shall be printed immediately below the independent actuarial
analysis, in no less than 10-point bold type, a legend substantially
as follows:
   "The above statement is an independent actuarial analysis of
Ordinance or Measure ____. If you desire a copy of the ordinance or
measure, please call the elections official's office at (insert
telephone number) and a copy will be mailed at no cost to you."
   (d) If a measure described in this section qualifies for the
ballot pursuant to an initiative petition described in Section 9101,
9102, 9201, or 9301, the proponents of the measure shall pay an
additional filing fee to pay for the costs of the actuarial impact
statement in an amount to be established by the local governing body,
not to exceed five hundred dollars ($500). If the measure is adopted
by the voters, the fee shall be refunded to the proponent.
   (e) For the purpose of this section:
   (1) "Actuary" has the same meaning as in Section 7507 of the
Government Code.
   (2) "Future annual costs" has the same meaning as in Section 7507
of the Government Code.
   (3) "Local government entity" includes a city, county, city and
county, school district, community college district, county board of
education, and special district.
   (f) The requirements of this section apply to a charter city,
charter city and county, or charter county.
  SEC. 3.  The Legislature finds and declares that the security of
public moneys and the fiscal integrity of local governmental entities
in this state, including charter cities and charter counties, have a
direct impact on the long-term well-being of all residents of this
state. Further, many local governments experiencing budgetary crises
have difficulty providing sufficient public safety services and place
additional burdens on resources of the state. Accordingly, ensuring
an informed electorate with respect to the statewide integrity and
security of government pension systems and ensuring the sufficiency
of public safety services are matters of statewide concern and not a
municipal affair, as that term is used in Section 5 of Article XI of
the California Constitution.
  SEC. 4.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.