BILL NUMBER: AB 822 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 30, 2013
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 amended, 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 in the voter information
portion of the sample 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 annual
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 in the voter information portion of the sample
ballot, if the text of the measure is not printed on
the ballot, nor in the voter information portion of the sample
ballot. The bill would require the measure to be submitted to
the voters only at a statewide general election. The requirements of
the bill would apply to a charter city, charter city and county, or
charter county.
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) (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) (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:
(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.
(B) An amendment or repeal of a city charter proposed by a
petition signed by 15 percent of the registered voters of the city.
(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.
(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 1. 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 costs
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 annual 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 in
the voter information portion of the sample 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
proponents .
(e) Notwithstanding any other provision of law, a measure
described in this section that qualifies for the ballot shall be
submitted to the voters only at an established statewide general
election.
(e)
(f) For the purpose of this section:
(1) "Actuary" has the same meaning as set forth in
Section 7507 of the Government Code.
(2) "Future annual costs" has the same meaning as set forth
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)
(g) The requirements of this section apply to a charter
city, charter city and county, or charter county.
SEC. 3. SEC. 2. 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. SEC. 3. 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.