Bill Text: CA AB943 | 2017-2018 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Land use regulations: local initiatives: voter approval.
Spectrum: Slight Partisan Bill (Democrat 5-3)
Status: (Engrossed - Dead) 2017-09-01 - In committee: Held under submission. [AB943 Detail]
Download: California-2017-AB943-Amended.html
of Chapter 3 of Division 9 of the Elections Code, Article 1 (commencing with Section 9200) of Chapter 3 of Division 9 of the Elections
Code, or procedures adopted by a city, county, or city and county organized under a charter pursuant to Article XI of the California Constitution, that are consistent with any applicable statutes governing local initiatives, would expressly reduce density or stop development or construction within a city, county, or city and county, the proposed ordinance or amendment of an ordinance shall be enacted only if it is approved by at least 55 percent of the votes cast on it at the election.
Bill Title: Land use regulations: local initiatives: voter approval.
Spectrum: Slight Partisan Bill (Democrat 5-3)
Status: (Engrossed - Dead) 2017-09-01 - In committee: Held under submission. [AB943 Detail]
Download: California-2017-AB943-Amended.html
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Amended
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Assembly
May 11, 2017 |
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Amended
IN
Assembly
May 04, 2017 |
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Assembly Bill | No. 943 |
| Introduced by Assembly Member Santiago (Coauthors: Assembly Members Burke, Daly, Gloria, McCarty, and Steinorth) (Coauthor: Senator Wilk) |
February 16, 2017 |
An act to add Section 65863.15 to the Government Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
AB 943, as amended, Santiago.
Land use regulations: local initiatives: voter approval.
The Planning and Zoning Law, among other things, authorizes the legislative body of any county or city to adopt ordinances to regulate land use. Existing law also establishes procedures by which city or county ordinances may be enacted or amended by initiative, including requiring that an ordinance proposed by the voters of the city or county be approved by a majority of the votes cast on the ordinance.
This bill, in the case of an ordinance or an amendment of an ordinance that would expressly reduce density or stop development or construction within a city, county, or city and county that is proposed by the voters of the city, county, or city and county
in accordance with specified law, would require that the proposed ordinance or amendment of an ordinance receive 55% of the votes cast on the ordinance in order to become effective. The bill would require the county elections official counsel for the county or city and county in which the proposed ordinance or amendment of an ordinance would apply, or which includes within its territorial boundaries the city attorney of the city in which the proposed ordinance or amendment of an ordinance would apply, to determine whether the
proposed ordinance or amendment of an ordinance would expressly reduce density or stop development or construction within the city, county, or city and county. The bill would declare that it addresses a matter of statewide concern. concern and would therefore apply to charter cities and charter counties.
By requiring county elections
local officials to determine whether a proposed ordinance or amendment of an ordinance would expressly reduce density or stop development or construction within a city, county, or city and county, this 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 the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 65863.15 is added to the Government Code, to read:65863.15.
(a) (1) Notwithstanding any other law, including Sections 9122 and 9217 of the Elections Code, and except as otherwise provided in paragraph (2), if an ordinance or amendment of an ordinance proposed by the voters of a city, county, or city and county pursuant to Article 1 (commencing with Section 9100) of Chapter 2(2) This section shall not apply in either of the following circumstances:
(A) The proposal
and submission to the voters of an ordinance or amendment of an ordinance by the legislative body of the city, county, or city and county.
(B) The adoption or amendment of a city, county, or city and county charter.
(b) The county elections official counsel for the county or city and county in which the proposed ordinance or amendment of an ordinance would apply, or which includes within its territorial boundaries the city attorney of the
city in which the proposed ordinance or amendment of an ordinance would apply, shall determine whether the proposed ordinance or amendment of an ordinance would expressly reduce density or stop development or construction within the city, county, or city and county.
(c) Notwithstanding any other law, including Section 9247 of the Elections Code, the Legislature finds and declares that this section addresses a matter of statewide concern and shall therefore apply equally to all cities and counties, including charter cities and charter counties.
