Amended in Assembly June 18, 2013

Amended in Assembly June 4, 2013

Amended in Senate May 1, 2013

Amended in Senate April 23, 2013

Senate BillNo. 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, 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 that are proposed by voter petitions, as specified, which the bill would require to be submitted to the voters at the next regularly scheduled general municipal election or at any established statewide general or statewide primary election occurring not less than 88 days after the date of the order of election. 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 would authorize the governing body of a city or city and county to direct that a charter proposal that proposes to amend a charterbegin insert in a manner that does not alter any procedural or substantive protection, right, benefit, or employment status of any local government employee or retiree or of any local government employee organization, or that proposes to amend a charterend insert solely to comply with a court injunction or consent decree or with federal or state voting rights lawsbegin insert,end insert be submitted to the voters at the next regularly scheduled general municipal election or at any established statewide general or statewide primary election occurring not less than 88 days after the date of the order of 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:

P2    1

SECTION 1.  

Section 1415 of the Elections Code is amended
2to read:

3

1415.  

(a) (1) Except as provided in paragraph (2), a city or
4city and county charter proposal proposed by the governing body
5of a city or city and county on its own motion that qualifies
6pursuant to Section 9255 shall be submitted to the voters at the
7next established statewide general electionbegin insert pursuant to Section
81200end insert
occurring not less than 88 days after the date of the order of
9election.

begin delete

10(2) The governing body of a city or city and county may direct
11that a charter proposal that proposes to amend a charter solely to
12comply with a court injunction or consent decree or with federal
P3    1or state voting rights laws be submitted to the voters at the next
2regularly scheduled general municipal election pursuant to Section
31301, or at any established statewide general or statewide primary
4election pursuant to Section 1200 or 1201, occurring not less than
588 days after the date of the order of election.

end delete
begin insert

6(2) The governing body of a city or city and county may direct
7that either of the following be submitted to the voters at the next
8regularly scheduled general municipal election pursuant to Section
91301, or at any established statewide general or statewide primary
10election pursuant to Section 1200 or 1201, occurring not less than
1188 days after the date of the order of election:

end insert
begin insert

12(A) A charter proposal that proposes to amend a charter in a
13manner that does not alter any procedural or substantive
14protection, right, benefit, or employment status of any local
15government employee or retiree or of any local government
16employee organization.

end insert
begin insert

17(B) A charter proposal that proposes to amend a charter solely
18to comply with a court injunction or consent decree or with federal
19or state voting rights laws.

end insert

20(b) A city or city and county charter proposal that proposes to
21amend a charter and is proposed by a petition signed by 15 percent
22of the registered voters of a city or 10 percent of the registered
23voters of a city and county, pursuant to subdivision (c) of Section
249255, shall be submitted to the voters at the next regularly
25scheduled general municipal election pursuant to Section 1301, or
26at any established statewide general or statewide primary election
27pursuant to Section 1200 or 1201, occurring not less than 88 days
28after the date of the order of election.

29

SEC. 2.  

Section 9255 of the Elections Code is amended to read:

30

9255.  

(a) A charter or charter amendment proposed by a charter
31commission, whether elected or appointed by a governing body,
32for a city or city and county shall be submitted to the voters at an
33established statewide general election pursuant to Section 1200,
34provided there are at least 95 days before the election. A charter
35commission may also submit a charter pursuant to Section 34455
36of the Government Code.

37(b) Except as provided in paragraph (2) of subdivision (a) of
38Section 1415, the following city or city and county charter
39 proposals shall be submitted to the voters at an established
P4    1statewide general election pursuant to Section 1200, provided there
2are at least 88 days before the election:

3(1) A proposal to adopt a charter, or an amendment or repeal
4of a charter, proposed by the governing body of a city or a city
5and county on its own motion.

6(2) A recodification of the charter proposed by the governing
7body on its own motion, provided that the recodification does not,
8in any manner, substantially change the provisions of the charter.

9(c) The following city or city and county charter proposals shall
10be submitted to the voters at an established statewide general,
11statewide primary, or regularly scheduled municipal election
12pursuant to Section 1200, 1201, or 1301 occurring not less than
1388 days after the date of the order of election:

14(1) A charter amendment proposed by a petition signed by 15
15percent of the registered voters of the city.

16(2) A charter amendment proposed by a petition signed by 10
17percent of the registered voters of the city and county.

18(d) Charter proposals by the governing body and charter
19proposals by petition of the voters may be submitted at the same
20election.

21(e) The total number of registered voters of the city or city and
22county shall be determined according to the county elections
23official’s last official report of registration to the Secretary of State
24that was effective at the time the notice required pursuant to Section
259256 was given.

26

SEC. 3.  

Section 9260 of the Elections Code is amended to read:

27

9260.  

The petition shall be in substantially the following form:


28
29Petition for Submission to Voters of Proposed Amendment to
30the Charter of the City (or City and County) of ____


32To the city council (or other legislative body) of the City (or
33City and County) of ____:

34We, the undersigned, registered and qualified voters of the State
35of California, residents of the City (or City and County) of ____,
36pursuant to Section 3 of Article XI of the California Constitution
37and Chapter 2 (commencing with Section 34450) of Part 1 of
38Division 2 of Title 4 of the Government Code, present to the city
39council (or other legislative body) of the city (or city and county)
40this petition and request that the following proposed amendment
P5    1to the charter of the city (or city and county) be submitted to the
2registered and qualified voters of the city (or city and county) for
3their adoption or rejection at the next statewide general, statewide
4primary, or regularly scheduled municipal election pursuant to
5Section 1200, 1201, or 1301.

6The proposed charter amendment reads as follows:


8First. (setting forth the text of the amendment) ____ (etc.)


9

 

Signature

 

Printed Name

 

Residence

 

Date

   

 

   

 

   

 

   

   

 

   

 

   

 

   

   

 

   

 

   

 

   

P5   14

 

15

SEC. 4.  

Section 34457 of the Government Code is amended
16to read:

17

34457.  

After the charter prepared by the charter commission
18has been filed in the office of the clerk of the governing body of
19the city or city and county pursuant to Section 34455, the proposed
20charter shall be submitted to the voters of the city or city and
21county at the next established statewide general election pursuant
22to Section 1200 of the Elections Code, provided there are at least
2395 days before the election.

24

SEC. 5.  

Section 34458 of the Government Code is amended
25to read:

26

34458.  

(a) As an alternative to the procedure provided for in
27Sections 34450 to 34457, inclusive, the governing body of a city
28or city and county, on its own motion may propose or cause to be
29proposed, amend or cause to be amended, or repeal or cause to be
30repealed, a charter, and may submit the proposal for the adoption,
31amendment, or repeal thereof, to the voters at the next established
32statewide general election pursuant to Section 1200 of the Elections
33Code, provided there are at least 88 days before the election, or,
34for a proposal described in paragraph (2) of subdivision (a) of
35Section 1415 of the Elections Code, at an election specified in that
36paragraph.

37(b) Prior to approving the submission to the voters of a proposal
38to adopt a charter, the governing body shall hold at least two public
39hearings on the matter of the proposal of a charter and the content
40of the proposed charter. Notice of the public hearings shall be
P6    1given by publication pursuant to Section 6066, in a newspaper
2designated by the governing body and circulated throughout the
3city, and by posting the notice in three public places within the
4jurisdiction at least 21 calendar days prior to the date of each public
5hearing. The second public hearing shall be held at least 30 days
6after the first public hearing. At least one of the public hearings
7shall be held outside of normal business hours to facilitate public
8participation. The governing body shall not conduct a vote on
9whether to approve the submission to the voters of the proposal
10to adopt a charter until 21 days after the second public hearing.



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