BILL ANALYSIS
AB 18
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 18 (Knight)
As Amended June 10, 2009
Majority vote
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|ASSEMBLY: |77-0 |(May 21, 2009) |SENATE: |40-0 |(June 24, |
| | | | | |2009) |
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Original Committee Reference: E. & R.
SUMMARY : Extends the amount of time that a city council has to
fill a vacancy in an elective city office from 30 days to 60
days. Specifically, this bill requires a city council to fill a
vacancy in an elective city office, including the office of
mayor, within 60 days of the vacancy or to call a special
election to fill the vacancy.
The Senate amendments make a conforming change by extending the
amount of time that a city council has to fill the vacancy of
the office of the mayor from 30 days to 60 days and are
consistent with Assembly actions.
EXISTING LAW provides that if a vacancy occurs in an:
1)Appointive office, the city council shall fill the vacancy by
appointment. A person appointed to fill a vacancy holds
office for the unexpired term of the former incumbent.
2)Elective office, the council shall, within 30 days from the
commencement of the vacancy, either fill the vacancy by
appointment or call a special election to fill the vacancy. A
special election shall be held on the next regularly
established election date not less than 114 days from the call
of the special election.
AS PASSED BY THE ASSEMBLY , this bill extended the time that a
city council had to fill a vacancy in an elective city office
from 30 days to 60 days.
FISCAL EFFECT : Keyed non-fiscal by the Legislative Counsel.
COMMENTS : According to the author, "Current law dictates that a
city council must fill a vacant council position within 30 days
AB 18
Page 2
from the time the member steps down. It requires that the
council either appoint a replacement, or call for a special
election if they cannot come to an agreement. This law results
in an unnecessary financial burden on the citizens of the city,
especially if the requirement for a quorum can still be met.
This bill would, in most cases, eliminate the need for a special
election, saving the city and its taxpayers tens of thousands of
dollars. AB 18 gives cities a more flexible and practical
timeframe to fill vacancies in elective offices by appointment."
Analysis Prepared by : Qiana Charles / E. & R. / (916)
319-2094
FN: 0001496