Amended in Assembly January 4, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 350


Introduced by Assembly Member Alejo

February 17, 2015


An act tobegin delete amend Sections 12022 and 12023 of, and to add Section 12022.5 to, the Food and Agricultural Code,end deletebegin insert add the heading of Article 1 (commencing with Section 14025) and the heading of Article 2 (commencing with Section 14027) to, and to add Article 3 (commencing with Section 14040) to, Chapter 1.5 of Division 14 of the Elections Code,end insert relating tobegin delete pest control.end deletebegin insert elections.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 350, as amended, Alejo. begin deleteAgricultural pest control advisers.end deletebegin insertCalifornia Voting Rights Act of 2001.end insert

begin insert

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. The CVRA requires a court to implement appropriate remedies, including the imposition of district-based elections, that are tailored to remedy a violation of the act.

end insert
begin insert

This bill would prohibit the use of a district-based election in a political subdivision if it would impair the ability of a protected class, as defined, to elect candidates of its choice. The bill would require a court to implement specified remedies upon a finding that a district-based election was imposed or applied in a manner that impaired the ability of a protected class to elect candidates of its choice.

end insert
begin delete

Existing law requires agricultural pest control advisers to be licensed by the Department of Pesticide Regulation. Under existing law, applicants for licensing are required to elect to be examined by the Director of Pesticide Regulation for certification in one or more identified specializations, including plant growth regulation.

end delete
begin delete

This bill would specify that the certification for plant growth regulation includes plant and soil health.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteyes end deletebegin insertnoend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

The Legislature finds and declares that the
2purpose of this act is to address ongoing vote dilution and
3discrimination in voting as matters of statewide concern, in order
4to enforce the fundamental rights guaranteed to California voters
5under Section 7 of Article I and Section 2 of Article II of the
6California Constitution. Therefore, the provisions of this act shall
7be construed liberally in furtherance of this legislative intent to
8eliminate minority vote dilution. It is the further intent of the
9Legislature that any remedy implemented under this act shall
10comply with the 14th Amendment to the United States Constitution.
11The Legislature also finds and declares that this act is consistent
12with the decision of the Court of Appeal in Sanchez v. City of
13Modesto (2006) 145 Cal.App.4th 660.

end insert
14begin insert

begin insertSEC. 2.end insert  

end insert

begin insertThe heading of Article 1 (commencing with Section
1514025) is added to Chapter 1.5 of Division 14 of the end insert
begin insertElections
16Code
end insert
begin insert, to read:end insert

begin insert

17 

18Article begin insert1.end insert  General Provisions
19

 

end insert
20begin insert

begin insertSEC. 3.end insert  

end insert

begin insertThe heading of Article 2 (commencing with Section
2114027) is added to Chapter 1.5 of Division 14 of the end insert
begin insertElections
22Code
end insert
begin insert, to read:end insert

begin insert

23 

24Article begin insert2.end insert  At-Large Elections
25

 

end insert
P3    1begin insert

begin insertSEC. 4.end insert  

end insert

begin insertArticle 3 (commencing with Section 14040) is added
2to Chapter 1.5 of Division 14 of the end insert
begin insertElections Codeend insertbegin insert, to read:end insert

begin insert

3 

4Article begin insert3.end insert  District-Based Elections
5

 

6

begin insert14040.end insert  

District-based elections shall not be imposed or applied
7in a manner that impairs the ability of a protected class to elect
8candidates of its choice as a result of the dilution or the abridgment
9of the rights of voters who are members of a protected class.

10

begin insert14041.end insert  

(a) A violation of Section 14040 is established if it is
11shown that racially polarized voting occurs in elections for
12members of the governing body of the political subdivision or in
13elections incorporating other electoral choices by the voters of
14the political subdivision. Elections conducted prior to the filing
15of an action pursuant to Section 14040 and this section are more
16probative to establish the existence of racially polarized voting
17than elections conducted after the filing of the action.

18(b) The occurrence of racially polarized voting shall be
19determined from examining results of elections in which at least
20one candidate is a member of a protected class or elections
21involving ballot measures, or other electoral choices that affect
22 the rights and privileges of members of a protected class. One
23circumstance that may be considered in determining a violation
24of Section 14040 and this section is the extent to which candidates
25who are members of a protected class and who are preferred by
26voters of the protected class, as determined by an analysis of voting
27behavior, have been elected to the governing body of a political
28subdivision that is the subject of an action based on Section 14040
29and this section.

30(c) The fact that members of a protected class are not
31geographically compact or concentrated does not preclude a
32finding of racially polarized voting, or a violation of Section 14040
33and this section, but may be a factor in determining an appropriate
34remedy.

35(d) Proof of an intent on the part of the voters or elected officials
36to discriminate against a protected class is not required.

37(e) Other factors, such as the history of discrimination, the use
38of electoral devices or other voting practices or procedures that
39may enhance the dilutive effects of the election system, denial of
40access to those processes determining which groups of candidates
P4    1will receive financial or other support in a given election, the
2extent to which members of a protected class bear the effects of
3past discrimination in areas such as education, employment, and
4health, that hinder their ability to participate effectively in the
5political process, and the use of overt or subtle racial appeals in
6political campaigns are probative, but not necessary factors, to
7establish a violation of Section 14040 and this section.

8(f) (1) Except as provided in paragraph (2), the fact that a
9district-based election was imposed on the political subdivision
10as a result of an action filed pursuant to Article 2 shall not be a
11defense to an action alleging a violation of this article.

12(2) (A) If a court orders a political subdivision to adopt, and
13subsequently approves, a district-based election system as a result
14of an action filed pursuant to Article 2, there shall be a rebuttable
15presumption in any subsequent action filed pursuant to this article
16that the district-based election system of that political subdivision
17does not violate this article. The presumption shall apply only to
18the exact district-based election system that was approved by the
19court and shall not apply if the boundaries of the districts of the
20political subdivision are subsequently adjusted for any reason.

21(B) This paragraph shall apply only to a district-based election
22system that is approved by a court on or after January 1, 2017.

23

begin insert14042.end insert  

(a) Upon a finding of a violation of Sections 14040
24and 14041, the court shall implement an effective district-based
25elections system that provides the protected class the opportunity
26to elect candidates of its choice from single-member districts.

27(b) If additional effective districts under subdivision (a) are not
28possible without increasing the size of the governing body, or will
29not alone provide an appropriate remedy, the court may order
30additional remedies, including any of the following:

31(1) Incrementally increasing the size of the governing body upon
32approval of voters in the jurisdiction.

33(2) Approving a single-member district-based election system
34that provides the protected class the opportunity to join in a
35coalition of two or more protected classes to elect candidates of
36their choice if there is demonstrated political cohesion among the
37protected classes.

38(3) Issuing an injunction to delay an election.

39

begin insert14043.end insert  

In any action to enforce Sections 14040 and 14041, the
40court shall allow the prevailing plaintiff party, other than the state
P5    1or political subdivision thereof, a reasonable attorney’s fee
2consistent with the standards established in Serrano v. Priest
3(1977) 20 Cal.3d 25, 48-49, and litigation expenses including, but
4not limited to, expert witness fees and expenses as part of the costs.
5Prevailing defendant parties shall not recover any costs, unless
6the court finds the action to be frivolous, unreasonable, or without
7foundation.

8

begin insert14044.end insert  

Any voter who is a member of a protected class and
9who resides in a political subdivision where a violation of Sections
1014040 and 14041 is alleged may file an action pursuant to those
11sections in the superior court of the county in which the political
12subdivision is located.

13

begin insert14045.end insert  

If any provision of this article or its application to any
14person or circumstance is held invalid, Articles 1, 2, and the
15remainder of this article, or the application of the provision to
16other persons or circumstances, shall not be affected.

end insert
begin delete
17

SECTION 1.  

Section 12022 of the Food and Agricultural Code
18 is amended to read:

19

12022.  

An applicant for licensing shall elect to be examined
20for certification in one or more of the following categories:

21(a) Control of insects, mites, and other invertebrates.

22(b) Control of plant pathogens.

23(c) Control of nematodes.

24(d) Control of vertebrate pests.

25(e) Control of weeds.

26(f) Defoliation.

27(g) Plant growth regulation, including plant and soil health.

28

SEC. 2.  

Section 12022.5 is added to the Food and Agricultural
29Code
, to read:

30

12022.5.  

Examinations for licensing and certification pursuant
31to Section 12022 shall be prepared and administered by the
32director.

33

SEC. 3.  

Section 12023 of the Food and Agricultural Code is
34amended to read:

35

12023.  

An agricultural pest control adviser license may be
36refused or may be revoked or suspended by the director as
37necessary to carry out the purposes of this division. Cause for
38refusal, revocation, or suspension shall include, but shall not be
39limited to the following:

40(a) Failure to put a recommendation in writing.

P6    1(b) The making of false or fraudulent statements in any written
2recommendation.

3(c) Failure or refusal to comply with any provision of this
4chapter, or any other regulation adopted by the agricultural
5commissioner.

6(d) Failure or refusal to comply with any provisions of this
7division or of Division 7 (commencing with Section 12501) relating
8to pesticides or regulation of the department adopted pursuant to
9such provisions.

10(e) Failure to qualify by examination in accordance with Section
1112022.

12(f) Unprofessional conduct, as defined in Section 12023.5.

end delete


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