Bill Text: CA AB822 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Local government retirement plans.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2014-03-06 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [AB822 Detail]

Download: California-2013-AB822-Amended.html

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BILL NUMBER: AB 822	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 20, 2013
	AMENDED IN ASSEMBLY  APRIL 30, 2013

INTRODUCED BY   Assembly Member Hall

                        FEBRUARY 21, 2013

   An act to add Section 9611 to the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 822, as amended, Hall. Local government retirement plans.
   Existing law requires local legislative bodies, before authorizing
changes in public retirement plan benefits or other postemployment
benefits, to secure the services of an actuary to provide a statement
of the actuarial impact of the changes.
   This bill would require, whenever a local measure qualifies for
the ballot that proposes to alter, replace, or eliminate the
retirement benefit plan of employees of a local government entity,
whether by initiative or legislative action, the governing body of
the local government entity to secure the services of an independent
actuary to provide a statement, not to exceed 500 words in length, of
the actuarial impact of the proposed measure upon future annual
costs of the retirement benefit plan, and to have this statement
printed in the voter information portion of the sample ballot. The
bill would require, under certain circumstances, that the proponents
of an initiative measure pay an additional filing fee to pay for the
costs of the actuarial impact statement, which would be refunded if
the measure is approved by the voters. The bill would require the
governing body to make public at least 2 weeks prior to the election
the future annual costs that will result from the changes to the
retirement plan proposed by the measure. The bill would require a
specified notice regarding obtaining a copy of the measure to be
printed in the voter information portion of the sample ballot, if the
text of the measure is not printed on the ballot, nor in the voter
information portion of the sample ballot. The bill would require the
measure to be submitted to the voters only at a statewide general
election  held pursuant to existing law  . The requirements
of the bill would apply to a charter city, charter city and county,
or charter county.
   By imposing new requirements on local governments, the bill would
impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 9611 is added to the Elections Code, following
Section 9610, to read:
   9611.  (a) Whenever a local measure qualifies for the ballot that
proposes to alter, replace, or eliminate the retirement benefit plan
of employees of a local government entity, whether by initiative or
legislative action, the governing body of the local government entity
shall do all of the following:
   (1) Secure the services of an independent actuary to provide a
statement, not to exceed 500 words in length, of the actuarial impact
of the proposed measure upon future annual costs of the retirement
benefit plan, including normal costs and any additional accrued
liability.
   (2) Make public at a public meeting, at least two weeks prior to
the election that the measure has qualified for, the future annual
costs that will result from the changes to the retirement plan
proposed by the measure.
   (b) The statement provided pursuant to paragraph (1) of
subdivision (a) shall be printed in the voter information portion of
the sample ballot preceding the arguments for and against the
measure, if any.
   (c) If the entire text of the measure is not printed on the
ballot, nor in the voter information portion of the sample ballot,
there shall be printed immediately below the independent actuarial
analysis, in no less than 10-point bold type, a legend substantially
as follows:
   "The above statement is an independent actuarial analysis of
Ordinance or Measure ____. If you desire a copy of the ordinance or
measure, please call the elections official's office at (insert
telephone number) and a copy will be mailed at no cost to you."
   (d) If a measure described in this section qualifies for the
ballot pursuant to an initiative petition described in Section 9101,
9102, 9201, or 9301, the proponents of the measure shall pay an
additional filing fee to pay for the costs of the actuarial impact
statement in an amount to be established by the local governing body,
not to exceed five hundred dollars ($500). If the measure is adopted
by the voters, the fee shall be refunded to the proponents.
   (e) Notwithstanding any other provision of law, a measure
described in this section that qualifies for the ballot shall be
submitted to the voters only at an established statewide general
election  held pursuant to Section 1200  .
   (f) For the purpose of this section:
   (1) "Actuary" has the same meaning as set forth in Section 7507 of
the Government Code.
   (2) "Future annual costs" has the same meaning as set forth in
Section 7507 of the Government Code.
   (3) "Local government entity" includes a city, county, city and
county, school district, community college district, county board of
education, and special district.
   (g) The requirements of this section apply to a charter city,
charter city and county, or charter county.
  SEC. 2.  The Legislature finds and declares that the security of
public moneys and the fiscal integrity of local governmental entities
in this state, including charter cities and charter counties, have a
direct impact on the long-term well-being of all residents of this
state. Further, many local governments experiencing budgetary crises
have difficulty providing sufficient public safety services and place
additional burdens on resources of the state. Accordingly, ensuring
an informed electorate with respect to the statewide integrity and
security of government pension systems and ensuring the sufficiency
of public safety services are matters of statewide concern and not a
municipal affair, as that term is used in Section 5 of Article XI of
the California Constitution.
  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.