Amended in Senate August 7, 2014

Amended in Assembly April 8, 2014

Amended in Assembly March 25, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1440

Introduced by Assembly Member Campos

(Coauthor: Senator Padilla)

January 6, 2014

An act to add begin delete Section end delete begin insert Sections 21507, 21607, 21621, and end insert 22001 to, begin delete and end delete to add Chapter 2 (commencing with Section 10010) to Part 1 of Division 10 of, begin insert and to repeal Sections 21500.1, 21601.1, and 21620.1 of, end insert 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 of a division 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. begin insert The bill would also make technical, nonsubstantive changes to these provisions. end insert

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.  

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.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 21500.1 of the end insert begin insert Elections Code end insert begin insert is repealed. end insert

begin delete

21500.1.  

The board shall 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 votes to approve or defeat the proposal.

end delete

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 21507 is added to the end insert begin insert Elections Code end insert begin insert , to read: end insert

begin insert

begin insert 21507. end insert   

Before adjusting the boundaries of a district pursuant
to Section 21500, 21503, or 21504, or for any other reason, the
board shall hold at least one public hearing on the proposal to
adjust the boundaries of the district prior to the public hearing at
which the board votes to approve or defeat the proposal.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 21601.1 of the end insert begin insert Elections Code end insert begin insert is repealed. end insert

begin delete

21601.1.  

The council shall hold at least one public hearing on
any proposal to adjust the boundaries of a district prior to a public
hearing at which the council votes to approve or defeat the
proposal.

end delete

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 21607 is added to the end insert begin insert Elections Code end insert begin insert , to read: end insert

begin insert

begin insert 21607. end insert   

Before adjusting the boundaries of a district pursuant
to Section 21601, 21603, or 21604, or for any other reason, the
council shall hold at least one public hearing on the proposal to
adjust the boundaries of the district prior to the public hearing at
which the council votes to approve or defeat the proposal.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 21620.1 of the end insert begin insert Elections Code end insert begin insert is repealed. end insert

begin delete

21620.1.  

The governing body shall hold at least one public
hearing on any proposal to adjust the boundaries of a district prior
to a public hearing at which the council votes to approve or defeat
the proposal.

end delete

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 21621 is added to the end insert begin insert Elections Code end insert begin insert , to read: end insert

begin insert

begin insert 21621. end insert   

Before adjusting the boundaries of a district pursuant
to Section 21620 or for any other reason, the governing body shall
hold at least one public hearing on the proposal to adjust the
boundaries of the district prior to the public hearing at which the
governing body votes to approve or defeat the proposal.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 8. end insert   

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

22001.  

begin delete The end delete begin insert Before adjusting the boundaries of a division
pursuant to Section 22000 or for any other reason, the end insert governing
body of begin delete a end delete begin insert the end insert district shall hold at least one public hearing on begin delete any end delete
begin insert the end insert proposal to adjust the boundaries of begin delete a end delete begin insert the end insert division prior to begin delete a end delete
begin insert the end insert public hearing at which the governing body votes to approve
or defeat the proposal.

begin delete SEC. 3. end delete
begin insert SEC. 9. end insert   

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.