Amended in Senate May 1, 2013

Amended in Senate April 23, 2013

Senate Bill No. 311

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 begin delete date end delete , 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 adoption 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, except for city or city and county charter proposals to amend a charter begin delete or call for the election of a charter commission end delete that are proposed by voter petitions, as specified, which the bill would require to be submitted to the voters at the next begin delete regular end delete begin insert regularly scheduled end insert general municipal election or begin delete on end delete begin insert at end insert any established statewide general or statewide primary election begin delete date end delete occurring not less than begin delete 95 end delete begin insert 88 end insert days after the date of the order of election. begin delete 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 established statewide general or statewide primary election date occurring not less than 95 days after the date of the order of election. end delete The bill would require a charter, charter amendment, or charter proposal not excepted to be submitted to the voters at a statewide general election, 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)  begin delete City end delete begin insert A city end insert or city and county charter begin delete proposals end delete
begin insert proposal end insert proposed by the governing body of a city or city and
county on its own motion that begin delete qualify end delete begin insert qualifies end insert pursuant to Section
9255 shall be submitted to the voters at the next established
statewide general election begin delete date end delete occurring not less than 88 days
after the date of the order of election.

(b)  begin delete City end delete begin insert A city end insert or city and county charter begin delete proposals end delete begin insert proposal end insert
that begin delete propose end delete begin insert proposes end insert to amend a charter begin delete or call for the
establishment of a charter commission, end delete and begin delete are end delete begin insert is end insert proposed by a
petition signed by 15 percent of the registered voters of a city begin delete , end delete or
10 percent of the registered voters of a city and county, pursuant
to begin insert subdivision (c) of end insert Section 9255, shall be submitted to the voters
at the next begin delete regular end delete begin insert regularly scheduled end insert general municipal election
begin insert pursuant to Section 1301 end insert , or begin delete on end delete begin insert at end insert any established statewide general
or statewide primary election begin delete date end delete pursuant to Section 1200 begin delete , 1201,
or 1301 end delete begin insert or 1201, end insert occurring not less than begin delete 95 end delete begin insert 88 end insert 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 begin delete date end delete 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) A proposal to adopt a charter begin insert , end insert or an amendment or repeal
of a charter begin insert , end insert proposed by the governing body of a city or a city
and county on its own motion.

(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 begin delete general municipal
election, or on any established end delete statewide general begin delete or end delete begin insert , end insert statewide
primary begin insert , or regularly scheduled municipal end insert election begin delete date end delete pursuant
to Section 1200, 1201, or 1301 occurring not less than begin delete 95 end delete begin insert 88 end insert 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.

(d) Charter proposals by the governing body and charter
proposals by petition of the voters may be submitted at the same
election.

(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 begin delete date end delete pursuant
to Section 1200, 1201, or 1301.

The proposed charter amendment reads as follows:

First. (setting forth the text of the amendment) ____ (etc.)

 

Signature		Printed 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 begin delete date end delete
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 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 begin delete date end delete 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.