BILL NUMBER: SB 311 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Padilla
FEBRUARY 15, 2013
An act to amend Sections 1415, 9255, and 9260 of the Elections
Code, and to amend Sections 34457 and 34458 of the Government Code,
relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 311, as introduced, Padilla. Local elections: charters and
charter proposals.
Existing law requires a charter or charter amendment proposed by a
charter commission for a city or city and county to be submitted to
the voters at an established statewide general, statewide primary, or
regularly scheduled municipal election date, provided there are at
least 95 days before the election. Existing law requires specified
city or city and county charter proposals to be submitted to the
voters at an established statewide general, statewide primary, or
regularly scheduled municipal election, provided there are at least
88 days before the election. Existing law also authorizes the
governing body of any city or city and county to propose a charter
and submit the proposal for the adoption to the voters at the next
established statewide general, statewide primary, or regularly
scheduled municipal election, provided there are at least 88 days
before the election.
This bill would eliminate the option of submitting a city or city
and county charter, charter amendment, or charter proposal to the
voters at a statewide primary or regularly scheduled municipal
election, and would require the charter, charter amendment, or
charter proposal to be submitted to the voters at a statewide general
election, provide there are at least 95 or 88 days, as applicable,
before the election.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1415 of the Elections Code is amended to read:
1415. City or city and county charter proposals that qualify
pursuant to Section 9255 shall be submitted to the voters at
either the next regular general municipal
election occurring not less than 88 days after the date of the order
of election, or at a special election called for that purpose or on
any established statewide general election date
pursuant to Section 1000 occurring not less than
88 days after the date of the order of election.
SEC. 2. Section 9255 of the Elections Code is amended to read:
9255. (a) 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.
(b) 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, election pursuant to Section 1200,
1201, or 1301, provided that
there are at least 88 days before the election:
(1) 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) An amendment or repeal of a city charter proposed by a
petition signed by 15 percent of the registered voters of the city.
(3) 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) 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.
(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. 3. Section 9260 of the Elections Code is amended to read:
9260. The petition shall be in substantially the following form:
Petition for Submission to Voters of Proposed Amendment to the
Charter of the City (or City and County) of ____
To the city council (or other legislative body) of the City (or
City and County) of ____:
We, the undersigned, registered and qualified voters of the State
of California, residents of the City (or City and County) of ____,
pursuant to Section 3 of Article XI of the California Constitution
and Chapter 2 (commencing with Section 34450) of Part 1 of Division 2
of Title 4 of the Government Code, present to the city council (or
other legislative body) of the city (or city and county) this
petition and request that the following proposed amendment to the
charter of the city (or city and county) be submitted to the
registered and qualified voters of the city (or city and county) for
their adoption or rejection at the next statewide general ,
statewide primary, or regularly scheduled municipal
election date pursuant to Section 1200 , 1201, or 1301
.
The proposed charter amendment reads as follows:
First. (setting forth the text of the amendment) ____ (etc.)
Printed
Signature Name Residence Date
___________ __________ ____________ _________
___________ __________ ____________ _________
___________ __________ ____________ _________
SEC. 4. Section 34457 of the Government Code is amended to read:
34457. After the charter prepared by the charter commission has
been filed in the office of the clerk of the governing body of the
city or city and county pursuant to Section 34455, the proposed
charter shall be submitted to the voters of the city or city and
county at the next established statewide general , statewide
primary, or regularly scheduled municipal election date
pursuant to Section 1200 , 1201, or 1301 of the
Elections Code, provided there are at least 95 days before the
election.
SEC. 5. Section 34458 of the Government Code is amended to read:
34458. (a) As an alternative to the procedure provided for in
Sections 34450 to 34457, inclusive, the governing body of any city or
city and county, on its own motion may propose or cause to be
proposed, amend or cause to be amended, or repeal or cause to be
repealed, a charter, and may submit the proposal for the adoption,
amendment, or repeal thereof, to the voters at the next established
statewide general , statewide primary, or regularly
scheduled municipal election date pursuant to Section 1200
, 1201, or 1301 of the Elections Code ,
provided there are at least 88 days before the election.
(b) Prior to approving the submission to the voters of a proposal
to adopt a charter, the governing body shall hold at least two public
hearings on the matter of the proposal of a charter and the content
of the proposed charter. Notice of the public hearings shall be given
by publication pursuant to Section 6066, in a newspaper designated
by the governing body and circulated throughout the city, and by
posting the notice in three public places within the jurisdiction at
least 21 calendar days prior to the date of each public hearing. The
second public hearing shall be held at least 30 days after the first
public hearing. At least one of the public hearings shall be held
outside of normal business hours to facilitate public participation.
The governing body shall not conduct a vote on whether to approve the
submission to the voters of the proposal to adopt a charter until 21
days after the second public hearing.