BILL NUMBER: SB 311 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 23, 2013
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 amended, 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 to the voters 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 except for city or city
and county charter proposals to amend a charter or call for the
election of a charter commission that are proposed by voter
petitions, as specified, which the bill would require to be submitted
to the voters at the next regular general municipal election or on
any established statewide general or statewide primary
election date occurring not less than 95 days after the date of the
order of election. The bill would require that proposals to elect a
charter commission that are proposed by a voter petition, as
specified, be submitted to the voters at the next regular general
municipal election or on any establis hed statewide
general or statewide primary election date occurring not less than 95
days after the date of the order of election. The bill would
require the a charter, charter
amendment, or charter proposal not excepted to be
submitted to the voters at a statewide general election,
provide provided there are at least 95 or 88
days, as applicable, before the election. The bill also would
make conforming changes.
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. (a) City or city and county charter
proposals proposed by the governing body of a city or city and
county on its own motion that qualify pursuant to Section 9255
shall be submitted to the voters at the next established statewide
general election date occurring not less than 88 days after the date
of the order of election.
(b) City or city and county charter proposals that propose to
amend a charter or call for the establishment of a charter
commission, and are proposed by a petition signed by 15 percent of
the registered voters of a city, or 10 percent of the registered
voters of a city and county, pursuant to Section 9255, shall be
submitted to the voters at the next regular general municipal
election, or on any established statewide general or statewide
primary election date pursuant to Section 1200, 1201, or 1301
occurring not less than 95 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 election date pursuant to Section 1200,
provided 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
election pursuant to Section 1200, provided there are at least 88
days before the election:
(1) An A proposal to adopt a charter or 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)
(2) 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) The following city or city and county charter proposals shall
be submitted to the voters at an established general municipal
election, or on any established statewide general or statewide
primary election date pursuant to Section 1200, 1201, or 1301
occurring not less than 95 days after the date of the order of
election:
(1) A charter amendment proposed by a petition signed by 15
percent of the registered voters of the city.
(2) A charter amendment proposed by a petition signed by 10
percent of the registered voters of the city and county.
(c)
(d) Charter proposals by the governing body and charter
proposals by petition of the voters may be submitted at the same
election.
(d)
(e) 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 election date
pursuant to Section 1200 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 a 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 election date
pursuant to Section 1200 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.