Amended in Assembly April 8, 2014

Amended in Assembly March 25, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1440


Introduced by Assembly Member Campos

(Coauthor: Senator Padilla)

January 6, 2014


An act to add Section 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: district boundaries: public hearing.

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 prior to a public hearing at which the board or council votes to approve or defeat the proposal.

This bill would also require the governing body of a district to hold at least one public hearing on a proposal to adjust the boundaries ofbegin delete the districtend deletebegin insert a divisionend insert prior to a public hearing at which the 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:

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SECTION 1.  

Chapter 2 (commencing with Section 10010) is
2added to Part 1 of Division 10 of the Elections Code, to read:

3 

4Chapter  2. District Boundaries
5

 

6

10010.  

(a) A political subdivision that changes from an at-large
7method of election to a district-based election shall hold at least
8two public hearings on a proposal to establish the district
9boundaries of the political subdivision prior to a public hearing at
10which the governing body of the political subdivision votes to
11approve or defeat the proposal.

12(b) This section applies to, but is not limited to, a proposal that
13is required due to a court-imposed change from an at-large method
14of election to a district-based election.

15(c) For purposes of this section, the following terms have the
16following meanings:

17(1) “At-large method of election” has the same meaning as set
18forth in subdivision (a) of Section 14026.

19(2) “District-based election” has the same meaning as set forth
20in subdivision (b) of Section 14026.

21(3) “Political subdivision” has the same meaning as set forth in
22subdivision (c) of Section 14026.

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SEC. 2.  

Section 22001 is added to the Elections Code, to read:

2

22001.  

The governing body of a district shall hold at least one
3public hearing on any proposal to adjust the boundaries ofbegin delete the
4districtend delete
begin insert a divisionend insert prior to a public hearing at which the governing
5body votes to approve or defeat the proposal.

6

SEC. 3.  

If the Commission on State Mandates determines that
7this act contains costs mandated by the state, reimbursement to
8local agencies and school districts for those costs shall be made
9pursuant to Part 7 (commencing with Section 17500) of Division
104 of Title 2 of the Government Code.



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