BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 311|
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THIRD READING
Bill No: SB 311
Author: Padilla (D)
Amended: 5/1/13
Vote: 21
SENATE GOVERNANCE & FINANCE COMMITTEE : 5-1, 4/17/13
AYES: Wolk, Beall, DeSaulnier, Hernandez, Liu
NOES: Knight
NO VOTE RECORDED: Emmerson
SUBJECT : Local elections: charters and charter proposals
SOURCE : California Professional Firefighters
State Building and Construction Trades Council
DIGEST : This bill requires cities to submit city charter
proposals to voters at an established statewide general
election, and repeals cities authority to submit charter
proposals to voters at a statewide primary election or a
regularly scheduled municipal election, except for charter
proposals to amend a charter or call for the election of a
charter commission that are proposed by voter petitions, as
specified.
Senate Floor Amendments of 5/1/13 are technical and clarifying.
ANALYSIS : Article XI, Section 3 of the California
Constitution authorizes cities to adopt, amend, or repeal city
charters with majority approval of city voters. State statute
determines the process for the review and adoption of city
CONTINUED
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charters. Charters can be proposed by a city council, or
through a charter commission established for that purpose, which
can be called for through a voter petition. Charters can be
amended or repealed directly through a voter petition.
Local agencies must ensure there are at least 88 days between
calling the election and the date of the election to adopt,
amend or repeal a charter. Charters proposed by a charter
commission require 95 days' notice.
This bill requires cities to submit city charter proposals to
voters at an established statewide general election, and repeals
cities' authority to submit charter proposals to voters at a
statewide primary election or a regularly scheduled municipal
election, except for charter proposals to amend a charter or
call for the election of a charter commission that are proposed
by voter petitions, as specified.
This bill requires proposals to elect a charter commission that
are proposed by a voter petition, as specified, be submitted to
the voters at the next regular statewide primary or general
election or regular municipal election provided they are at
least 88 days before the election.
Prior legislation
In response to perceived abuses of cities' charter authority, AB
1344 (Feuer, Chapter 692, Statute of 2011) established the
following requirements for city charter elections:
Cities must hold at least two public hearings on a city
charter proposal.
Ballots must include a description of all new city powers that
would result from adoption of the charter.
Ballots must indicate whether the city council would have the
power to raise its own compensation and the compensation of
others without voter approval.
The bill also requires city charter proposals to be submitted at
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an established statewide general, statewide primary, or
regularly scheduled municipal election provided, eliminating the
use of special elections to adopt, amend or repeal city
charters.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 5/2/13)
California Professional Firefighters (co-source)
State Building and Construction Trades Council (co-source)
AFSME, AFL-CIO
California Labor Federation
California State Association of Electrical Workers
California State Council of the Service Employees International
Union
California State Pipe Trades Council
City of Costa Mesa Councilmember, Wendy Leece
Costa Mesans for Responsible Government
Laborers' Local 777 & 792
Los Angeles County Federation of Labor, AFL-CIO
Northern California Carpenters Regional Council
Western States Council of Sheet Metal Workers
OPPOSITION : (Verified 5/2/13)
League of California Cities
ARGUMENTS IN SUPPORT : The State Building and Construction
Trades Council states, "It is clear that measures such as city
charters that promote local control should rightfully promote
local voter participation in their development and adoption. By
putting these important measures before the voters during
statewide general elections, SB 311 will increase local voter
participation in the decision to adopt or reject a charter. By
ensuring voters are aware of and participate in the election to
adopt a charter, a city council is more likely to address issues
of concern raised by voters before the election."
ARGUMENTS IN OPPOSITION : The League of California Cities
states, "Low voter turnout is also of great concern to public
agencies. However, making significant changes to the timeframe
for which charter amendments and proposed charter adoptions can
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be put before the voters will not solve the issue of voter
turnout itself. We respect your desire to address this
important issue and also hope that you will understand that
restricting charter amendments and a charter adoption to a 24
month or two-year election cycle creates other unintended
consequences."
AGB:d 5/2/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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