BILL NUMBER: AB 1440	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 25, 2014

INTRODUCED BY   Assembly Member Campos
   (Coauthor: Senator Padilla)

                        JANUARY 6, 2014

   An act to add Section  14033   22001  to
 , and to add Chapter 2 (commencing with Section 10010) to Part
1 of Division 10 of,  the Elections Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1440, as amended, Campos. Elections:  rights of voters:
  district boundaries   :  public
hearing.
    Existing law, the California Voting Rights Act of 2001
(CVRA), prohibits the use of an at-large election in a political
subdivision if it would impair the ability of a protected class, as
defined, to elect candidates of its choice or otherwise influence the
outcome of an election. The CVRA provides that a voter who is a
member of a protected class may bring an action in superior court to
enforce the provisions of the CVRA, and, if the voter prevails in the
case, he or she may be awarded reasonable litigation costs and
attorney's fees.   Existing law requires county boards
of supervisors and the councils of general law and charter cities
that elect members by or from districts following each decennial
federal census, and   using that census as a basis, to
adjust the boundaries of the supervisorial and council districts, as
specified.  Existing law requires a county board of supervisors
or a city council of a general law city or the governing body of a
charter city to hold at least one public hearing on any proposal to
adjust the boundaries of a district  for the purpose of
elections prior to a public hearing at which the board or
council votes to approve or defeat the proposal.
   This bill would  also  require  a political
subdivision   the governing body of a district  to
hold at least one public hearing on a proposal to  change
from an at-large method of election to a district-based election
  adjust the boundaries of the district  prior to a
public hearing at which the  political subdivision 
 governing body of the district  votes to approve or defeat
the proposal.  The bill would require a political subdivision
that changes from an at-large method of election to a district-based
election, as defined, to hold at least 2 public hearings on a
proposal to establish the district boundaries of the political
subdivision prior to a public hearing at   which the
governing body of the political subdivision votes to approve or
defeat the proposal. 
   Because the bill would impose additional duties on local agencies,
it 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 14033 is added to the
Elections Code, to read:
   14033.  (a) A political subdivision shall hold at least one public
hearing on a proposal to change from an at-large method of election
to a district-based election prior to a public hearing at which the
political subdivision votes to approve or defeat the proposal.
   (b) This section applies to, but is not limited to, a proposal
that is required due to a court-imposed change from an at-large
method of election to a district-based election. 
   SECTION 1.    Chapter 2 (commencing with Section
10010) is added to Part 1 of Division 10 of the   Elections
Code   , to read:  
      CHAPTER 2.  DISTRICT BOUNDARIES


   10010.  (a) A political subdivision that changes from an at-large
method of election to a district-based election shall hold at least
two public hearings on a proposal to establish the district
boundaries of the political subdivision prior to a public hearing at
which the governing body of the political subdivision votes to
approve or defeat the proposal.
   (b) This section applies to, but is not limited to, a proposal
that is required due to a court-imposed change from an at-large
method of election to a district-based election.
   (c) For purposes of this section, the following terms have the
following meanings:
   (1) "At-large method of election" has the same meaning as set
forth in subdivision (a) of Section 14026.
   (2) "District-based election" has the same meaning as set forth in
subdivision (b) of Section 14026.
   (3) "Political subdivision" has the same meaning as set forth in
subdivision (c) of Section 14026. 
   SEC. 2.    Section 22001 is added to the  
Elections Code   , to read:  
   22001.  The governing body of a district shall hold at least one
public hearing on any proposal to adjust the boundaries of the
district prior to a public hearing at which the governing body votes
to approve or defeat the proposal. 
   SEC. 2.   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.