BILL ANALYSIS �
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UNFINISHED BUSINESS
Bill No: SB 311
Author: Padilla (D)
Amended: 7/2/13
Vote: 21
SENATE GOVERNANCE & FINANCE COMMITTEE : 5-1, 4/17/13
AYES: Wolk, Beall, DeSaulnier, Hernandez, Liu
NOES: Knight
NO VOTE RECORDED: Emmerson
SENATE FLOOR : 25-9, 5/6/13
AYES: Beall, Block, Calderon, Corbett, Correa, De Le�n,
DeSaulnier, Evans, Fuller, Galgiani, Hancock, Hernandez, Hill,
Hueso, Jackson, Leno, Lieu, Liu, Monning, Padilla, Pavley,
Price, Roth, Steinberg, Wright
NOES: Anderson, Cannella, Emmerson, Gaines, Huff, Knight,
Nielsen, Walters, Wyland
NO VOTE RECORDED: Berryhill, Lara, Wolk, Yee, Vacancy, Vacancy
ASSEMBLY FLOOR : 45-27, 8/8/13 - See last page for vote
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
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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.
Assembly Amendments add exceptions to the provision limiting the
vote on certain charter proposals that are proposed by city
governing bodies or by charter commissions to statewide general
elections only, and make clarifying and technical changes.
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
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amended or repealed directly through a voter petition.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:
1. Requires a city or city and county charter proposal that is
proposed by the governing body of a city or city and county
on its own motion to be submitted to the voters at the next
established statewide general election occurring not less
than 88 days after the date of the order of election.
2. Provides exceptions to the above requirement by allowing the
governing body of a city or city and county to direct that
either of the following be submitted to the voters at the
next regularly scheduled general municipal election or at any
established statewide general or statewide primary election,
as specified, occurring not less than 88 days after the date
of the order of election:
A. A charter proposal that proposes to amend a charter
in a manner that does not alter any procedural or
substantive protection, right, benefit or employment
status of any local government employee or retiree of
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any local government employee organization.
B. A charter proposal that proposes to amend a charter
solely to comply with a court injunction or consent
decree or with federal or state voting rights laws.
3. Requires a city or city and county charter proposal that
proposes to amend or repeal a charter and is proposed by a
petition signed by 15% of the registered voters of a city or
10% of the registered voters of a city and county, as
specified, to be submitted to the voters at the next
regularly scheduled general municipal election or at any
established statewide general or statewide primary election,
as specified, occurring not less than 88 days after the date
of the order of election.
4. 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 election, as
specified, provided there are at least 95 days before the
election.
5. Requires, except as provided in #2) above, the following city
or city and county charter proposals to be submitted to the
voters at an established statewide general election, as
specified, provided that there are at least 88 days before
the election:
A. 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.
B. 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.
6. Makes conforming and technical changes.
Prior legislation
In response to perceived abuses of cities' charter authority, AB
1344 (Feuer, Chapter 692, Statute of 2011) established the
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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
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 8/12/13)
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
Glendale City Employees Association
Laborers' Local 777 & 792
Los Angeles County Federation of Labor, AFL-CIO
Northern California Carpenters Regional Council
Organization of SMUD Employees Association
San Bernardino Public Employees Association
San Luis Obispo County Employees Association
Santa Rosa City Employees
Western States Council of Sheet Metal Workers
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OPPOSITION : (Verified 8/12/13)
League of California Cities
ARGUMENTS IN SUPPORT : The State Building and Construction
Trades Council state, "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
state, "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
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."
ASSEMBLY FLOOR : 45-27, 8/8/13
AYES: Alejo, Atkins, Bocanegra, Bonilla, Bonta, Bradford,
Buchanan, Ian Calderon, Campos, Chau, Chesbro, Daly,
Dickinson, Eggman, Fong, Fox, Frazier, Garcia, Gatto, Gomez,
Gonzalez, Gordon, Gray, Hall, Roger Hern�ndez, Holden,
Jones-Sawyer, Levine, Medina, Mitchell, Mullin, Nazarian,
Perea, V. Manuel P�rez, Quirk, Quirk-Silva, Rendon, Salas,
Skinner, Stone, Weber, Wieckowski, Williams, Yamada, John A.
P�rez
NOES: Achadjian, Allen, Ammiano, Bigelow, Conway, Cooley,
Dahle, Donnelly, Beth Gaines, Gorell, Grove, Hagman, Harkey,
Jones, Linder, Logue, Maienschein, Mansoor, Melendez, Morrell,
Nestande, Olsen, Patterson, Ting, Wagner, Waldron, Wilk
NO VOTE RECORDED: Bloom, Brown, Ch�vez, Lowenthal, Muratsuchi,
Pan, Vacancy, Vacancy
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AGB:d 8/13/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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