BILL ANALYSIS Ó AB 350 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 350 (Alejo) As Amended August 17, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: | |(January 25, |SENATE: |27-12 |(August 22, | | | |2016) | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- (vote not relevant) ---------------------------------------------------------------------- | | | | | | | | | | | | |COMMITTEE VOTE: |6-3 |(August 25, |RECOMMENDATION: |concur | | | |2016) | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | ---------------------------------------------------------------------- (JUD.) ---------------------------------------------------------------------- | | | | | | | | | | | | |COMMITTEE VOTE: |5-2 |(August 29, |RECOMMENDATION: |concur | | | |2016) | | | | | | | | | | | | | | | AB 350 Page 2 | | | | | | | | | | | | | | | | | | | | | | | | ---------------------------------------------------------------------- (E. & R.) Original Committee Reference: E. & R. SUMMARY: Requires a political subdivision that changes to, or establishes, district-based elections to hold at least two public hearings both before and after drawing a preliminary map or maps of the proposed district boundaries, as specified. Requires that written notice be provided before an action can be brought against a political subdivision under the California Voting Rights Act of 2001 (CVRA). The Senate amendments delete the Assembly version of this bill, and instead: 1)Require a political subdivision that changes from an at-large method of election to a district-based election, or that establishes district-based elections, to do all of the following before adopting the ordinance establishing district-based elections: a) Hold at least two public hearings over a period of no more than 30 days before drawing a draft map or maps of the proposed boundaries, as specified; b) After draft map or maps are drawn, publish and make the draft maps available along with the potential sequence of elections if the terms of office under the new districts are to be staggered; AB 350 Page 3 c) Hold at least two additional public hearings after the release of the draft map or maps, with the first hearing held no sooner than seven days after the release of the map or maps, and the second hearing held no more than 45 days after the first hearing, as specified; d) Make any revised draft map available to the public for at least seven days before the map can be adopted; and, e) Give special consideration to the purposes of the CVRA, as specified, when determining the sequence of district elections if the terms of office are to be staggered. 2)Require a prospective plaintiff to send a written notice to a political subdivision before commencing an action against that political subdivision under the CVRA, as specified. a) Prohibit a prospective plaintiff from commencing an action under the CVRA within 45 days of the written notice being provided. b) Permit a political subdivision, prior to receiving a written notice or within 45 days after receiving a written notice, to pass a resolution outlining its intention to transition to district-based elections, as specified. Provide that an action to enforce the CVRA may not be commenced within 90 days of the passage of such a resolution. c) Permit a prospective plaintiff that sent a written notice to a political subdivision before that subdivision passed a resolution of intention to transition to district-based elections to recover the cost of the work product generated to support the notice, as specified. AB 350 Page 4 Require the political subdivision to reimburse the prospective plaintiff for reasonable costs claimed, as specified. Limit the amount that a prospective plaintiff may recover from a political subdivision that voluntarily transitions to district-based elections after receiving a written notice to the lesser of $30,000 or the cost of the work product generated to support the notice, as specified. EXISTING LAW requires a political subdivision that changes from an at-large method of election to a district-based election to hold at least two public hearings on a proposal to establish the district boundaries of the political subdivision before a public hearing at which the governing body of the political subdivision votes to approve or defeat the proposal. AS PASSED BY THE ASSEMBLY, this bill expanded the CVRA to allow challenges to district-based elections to be brought under the CVRA, as specified. FISCAL EFFECT: According to the Senate Appropriations Committee, costs for districts to hold the required public hearings would be state reimbursable, and statewide costs would depend on the number of governments changing to district-based elections. Costs would be minimized to the extent the public hearings are consolidated with regularly-scheduled meetings of the governing body. Overall, annual state costs are unknown, but likely minor. COMMENTS: According to the author, "Last year, the City of Anaheim began its transition from at-large city council elections to district-based elections after a lawsuit by American Civil Liberties Union of Southern California and Latino activists in 2012. In November 2014, the people of Anaheim approved two ballot measures that would effect this transition. The first approved district maps provided for two Latino plurality districts and one majority Latino district. AB 350 Page 5 "In November of 2015, the Anaheim City Council scheduled the elections for the two Latino plurality districts for 2016, but scheduled the elections for the only Latino majority district for 2018. The scheduling of the only Latino majority district in a midterm election year could have the effect of putting the elections for a district whose population consists of a majority of a protected class during a cycle in which turnout is traditionally decreased. "AB 350 will require local governments that are transitioning from at-large to district-based elections under a court order to hold at least two public hearing before drawing a draft map and two public hearings after the one or more draft maps are drawn. "AB 350 will require local governments that are transitioning from at-large to district-based elections under a court order to hold at least two public hearing before drawing a draft map and two public hearings after the one or more draft maps are drawn. For governments who are willing to transition to district-based elections, this bill will allow cities to have 90 days to pass a resolution of intent or an ordinance to transition to district-based [elections] before any legal action can be taken by outside parties alleging a violation of the CVRA." This bill was substantially amended in the Senate and the Assembly-approved provisions of this bill were deleted. As a result, this bill was re-referred to the Assembly Judiciary Committee and the Assembly Elections and Redistricting Committee pursuant to Assembly Rule 77.2. Both committees subsequently recommended that the Assembly concur in the Senate amendments. Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by: AB 350 Page 6 Ethan Jones / E. & R. / (916) 319-2094 FN: 0004982