Bill Text: CA AB1200 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Elections: central committees.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2012-03-08 - Chaptered by Secretary of State - Chapter 8, Statutes of 2012. [AB1200 Detail]

Download: California-2011-AB1200-Amended.html

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BILL NUMBER: AB 1200	AMENDED
	BILL TEXT

	AMENDED IN SENATE  FEBRUARY 6, 2012
	AMENDED IN ASSEMBLY  MAY 4, 2011
	AMENDED IN ASSEMBLY  APRIL 15, 2011
	AMENDED IN ASSEMBLY  MARCH 17, 2011

INTRODUCED BY   Assembly Member Ma
    (   Principal   coauthors:  
Assembly Members   Dickinson   and Pan   )

    (   Coauthor:   Assembly Member  
Ammiano   ) 
    (   Coauthor:   Senator   Leno
  ) 

                        FEBRUARY 18, 2011

   An act to  add Section 13383.1 to the Water  
amend Sections 7200, 7204, 7210, 7228, 7403, 7408, 7423, 7444, 7655,
7673, 7680, 7772.1, 8145, and 15401 of, to add Sections 7201.1 and
7201.2 to, and to repeal Sections 7681, 7782, and 7837 of, the
Elections  Code, relating to water quality 
 elections, and declaring the urgency thereof, to take effect
immediately  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1200, as amended, Ma.  Water quality: discharges: sewer
systems.   Elections: central committees.  
   Existing law requires that each member of a county central
committee for the Democratic, Republican, and American Independent
Parties take and subscribe to an oath or affirmation, as specified.
Existing law provides that the oath or affirmation may be taken
before any officer authorized to administer oaths.  
   This bill would, instead, provide that the oath or affirmation may
be taken before the chairperson of the county central committee, the
immediate predecessor of the chairperson, or a designee of the
chairperson or his or her immediate predecessor.  
   Under existing law, for the Democratic, Republican, American
Independent, and Peace and Freedom Parties, if the elections
officials, on the 73rd day prior to the direct primary election,
finds that the number of candidates nominated for election to a
central committee from an Assembly or supervisorial district does not
exceed the number of candidates to be elected from that Assembly or
supervisorial district, the designation of the office and the names
of the candidates shall not be printed on the party's ballot in the
Assembly or supervisorial district, unless a petition indicating that
a write-in campaign will be conducted for the office is filed with
the elections official, as specified.  
   This bill would delete the above-described exception for when a
petition indicates that a write-in campaign will be conducted for the
office.  
   Existing law entitles a member elected to central committees for
the Democratic, Republican, American Independent, and Peace and
Freedom Parties to receive a certificate of election.  
   This bill would eliminate the above-described entitlement to
receive a certificate of election and make other conforming changes.
 
   Existing law provides how members are elected to county central
committees. The method by which members are elected varies from
county to county depending upon certain factors, such as the number
of Assembly districts that exist within the county.  
   This bill would provide that, for the Democratic Party, in the
County of Sacramento, the elected members of the county central
committee shall be elected by supervisor districts with 6 members
elected from each supervisor district, as specified.  
   This bill would provide that, for the Democratic Party, in the
County of Alameda, the elected members of the county central
committees in those counties shall be elected by Assembly districts
and that each committee shall contain at least a certain number of
members, as specified.  
   This bill would provide that, for the Democratic and Republican
Party, in the City and County of San Francisco, the elected members
of the county central committee shall be elected by Assembly
districts, as specified.  
   Under existing law, for the Democratic Party, in each county
containing less than 5 Assembly districts, the county central
committee is required to reapportion itself at least every 10 years,
prior to the June primary election of that year, as specified. 

   This bill would eliminate the above-described reapportionment
requirement.  
   Existing law requires that each county central committee of the
American Independent Party meet in the courthouse at its county seat,
upon call, which shall be given by the elections official of the
county and in quarters to be arranged or provided for by the
elections official of the county, as specified.  
   This bill would, instead, require the committee to meet at its
county seat, upon call, which shall be given by the chairperson of
the county central committee or the immediate predecessor of the
chairperson.  
   This bill would declare that it is to take effect immediately as
an urgency statute.  
   (1) The Porter-Cologne Water Quality Control Act generally
requires a person who causes or permits any hazardous substance or
sewage to be discharged in or on any waters of the state, as soon as
that person has knowledge of the discharge and other requirements are
met, to immediately notify the California Emergency Management
Agency of the discharge in accordance with specified spill reporting
requirements. Under the act, the notification requirements do not
apply to a discharge that is in compliance with waste discharge
requirements or other specified provisions of law.  

   The act also requires the public or private entity having legal
authority over the operation and maintenance of, or capital
improvement to, a sewer collection system to submit a report to the
appropriate regional board relating to a spill or overflow from a
sanitary sewer system.  
   This bill would require a local public agency that operates a
combined sewer and stormwater system to implement a notification plan
to inform the public in the event of a discharge that occurs on or
near a recreational beach. The bill would require the agency, upon
the occurrence of a sewer discharge on or near a recreational beach,
to post notice at the beach and conduct shoreline monitoring, in
accordance with a schedule determined by the appropriate California
regional water quality control board. The bill would require the
agency to make reasonable efforts to enter into an agreement with a
nongovernmental organization for regular sampling of receiving waters
affected by discharges from the combined sewer and stormwater
system. By imposing new requirements on local public agencies that
operate combined sewer and stormwater systems, this bill would impose
a state-mandated local program.  
   (2) 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   2/3  . Appropriation:
no. Fiscal committee:  yes   no  .
State-mandated local program:  yes   no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 7200 of the  
Elections Code   is amended to read: 
   7200.   (a)    In each county containing less
than five Assembly districts, a county committee shall be elected by
supervisor districts, and the number to be elected from any
supervisor district shall be determined as follows: There shall be
taken the number of votes cast in the supervisor district at the last
gubernatorial election for that party's candidate for Governor, or,
if the party had no candidate for Governor, for the candidate of the
party voted on throughout the state who received the greatest number
of votes and who was the candidate of that party alone. This number
shall be divided by one-twentieth of the number of votes cast in that
county for Governor or, where the party had no candidate for
Governor, for the candidate mentioned above. The integer next larger
than the quotient obtained by that division shall constitute the
number of members of the committee to be elected by that party in
that supervisor district. 
    The 
    (b)     The  committees in counties
containing less than five Assembly districts shall be composed of not
less than 21 members. If the procedure outlined above would result
in less than 21 members being elected for any committee, the number
of votes cast for this party's candidate in each supervisor district
shall be divided by an amount sufficiently smaller than one-twentieth
of the votes cast for Governor in that county as to give a
membership in the committee equal to or the nearest amount 
which   that  is greater than 21 members. 
   In a county of the eighth class as defined in Section 28029 of the
Government Code, the county central committee by resolution may
provide for the election of 25 central committee members to represent
25 individual central committee districts. Each member shall reside
in the district he or she represents, but shall be elected at large
within the Assembly district in which the county central committee
district he or she represents is located.  
   The county central committee shall reapportion itself at least
every 10 years, prior to the June primary election of that year. Each
district shall be apportioned on the basis of the number of
registered Democrats for the June primary in each even-numbered year,
with no more than a 10-percent deviation from the average. Each
district shall be compact, contiguous, and utilize any natural and
neighborhood boundaries. The district boundaries shall not cut across
any precinct district's lines as drawn by the elections official for
the last general or consolidated election. 
  SEC. 2.    Section 7201.1 is added to the  
Elections Code   , to read: 
   7201.1.  Notwithstanding any other provision of law, in the County
of Sacramento, the elected members of the county central committee
shall be elected by supervisor districts with six members elected
from each supervisor district. Each member shall be a resident of the
county and of the supervisor district that the member represents.
Only a person who is a resident of the county may vote for a
candidate for membership to the county central committee and may vote
only for candidates seeking to represent the supervisor district in
which the voter resides. 
   SEC. 3.    Section 7201.2 is added to the  
Elections Code   , to read:  
   7201.2.  (a) Notwithstanding any other provision of law, in the
County of Alameda, the elected members of the county central
committee shall be elected by Assembly districts and the number to be
elected from any Assembly district shall be determined as follows:
There shall be taken the number of votes cast in that portion of the
Assembly district lying within the County of Alameda at the last
gubernatorial election for that party's candidate for Governor, or,
if the party had no candidate for Governor, for the candidate of the
party voted on throughout the state who received the greatest number
of votes and who was the candidate of that party alone. This number
shall be divided by one-thirtieth of the number of votes cast in the
county for Governor or, where the party had no candidate for
Governor, for the candidate mentioned above. The integer next larger
than the quotient obtained by that division shall constitute the
number of members of the committee to be elected by that party in
that Assembly district.
   (b) If the procedure described above would result in less than 30
members being elected for any committee, the number of votes cast for
this party's candidate in that portion of each Assembly district
lying within the County of Alameda shall be divided by an amount
sufficiently smaller than one-thirtieth of the votes cast for
Governor in the county as to give a membership in the committee equal
to or the nearest amount that is greater than 30 members.
   Only a person who is a resident of the county may vote for a
candidate for membership to the county central committee and may vote
only for candidates seeking to represent the Assembly district in
which the voter resides. 
   SEC. 4.    Section 7204 of the   Elections
Code   is amended to read: 
   7204.   (a)    In  each city 
 the City  and  county a   County of
San Francisco, the  county central committee shall be elected
 by   from the two  Assembly districts 
located in the city and county  and shall consist of 
12   24  members  elected from Assembly
District 12, and 12 members elected from Assembly District 13
 .  Whichever of the two Assembly districts consists of
the majority of the registered Democrats in the city and county shall
elect 14 members and the Assembly district that consists of the
minority of the registered Democrats in the city and county shall
elect 10 members.  
   (b) Both of the following shall apply for purposes of this
section:  
   (1) "Registered Democrat" means any voter in the city and county
who has expressed a preference for the Democratic Party on his or her
affidavit of registration pursuant to Sections 2150, 2151, and 2152
as of the 154th day prior to the first direct primary election after
any redistricting of Assembly district boundaries.  
   (2) The City and County of San Francisco Department of Elections,
or any comparable successor agency, shall calculate the percentage of
the total registered Democrats in each Assembly district in the city
and county. 
   SEC. 5.    Section 7210 of the   Elections
Code   is amended to read: 
   7210.   (a)    Each member of a committee,
whether elected to the committee or appointed to fill a vacancy,
before he or she enters upon the duties of his office, shall take and
subscribe the oath or affirmation set forth in Section 3 of Article
XX of the Constitution. 
    The 
    (b)     The  oath or affirmation
required by this section  may   shall  be
taken before  any officer authorized to administer oaths and
no fee shall be charged by any person before whom the oath is taken
or subscribed   the chairperson of the county central
committee, the immediate predecessor of the chairperson, or a
designee of the chairperson or his or her immediate predecessor 
.
   SEC. 6.    Section 7228 of the   Elections
Code   is amended to read: 
   7228.  If the elections official, on the 73rd day prior to the
direct primary election, finds that the number of candidates
nominated for election to a committee from an Assembly or
supervisorial district does not exceed the number of candidates to be
elected from that Assembly or supervisorial district, the
designation of the office and the names of the candidates shall not
be printed on this party's ballot in the Assembly or supervisorial
district  , unless there is filed with the elections
official, not later than 20 days after the final date for filing
nomination papers for the positions, a petition indicating that a
write-in campaign will be conducted for the office and signed by 25
registered voters affiliated with the political party involved
 . In lieu thereof, the board of supervisors shall declare
elected the candidates who have been nominated  , and those
candidates shall be entitled to receive certificates of election in
the same manner as other candidates elected to a committee 
.
   SEC. 7.    Section 7403 of the   Elections
Code   is amended to read: 
   7403.   (a)    In  each city 
 the City  and  county, a   County of
San Francisco, the  county central committee shall be elected
 by   from the two  Assembly districts 
located in the city and county  and shall consist of 
13   25  members  elected from Assembly
District 12 and 12 members elected from Assembly District 13
 .  Whichever of the two Assembly districts consists of
the majority of the registered Republicans in the city and county
shall elect 13 members plus one additional member for every 4 percent
of the registered Republicans in the district above a majority of
the registered Republicans in the city and county. The remainder of
the members shall be elected from the Assembly district that consists
of the minority of the registered Republicans in the city and
county.  
   (b) Both of the following shall apply for purposes of this
section:  
   (1) "Registered Republican" means any voter in the city and county
who has expressed a preference for the Republican Party on his or
her affidavit of registration pursuant to Sections 2150, 2151, and
2152 as of the 154th day prior to the first direct primary election
after any redistricting of Assembly district boundaries.  
   (2) The City and County of San Francisco Department of Elections,
or any comparable successor agency, shall calculate the percentage of
the total registered Republicans in each Assembly district in the
city and county. 
   SEC. 8.    Section 7408 of the   Elections
Code   is amended to read: 
   7408.   (a)    Each member of a committee,
whether elected to the committee or appointed to fill a vacancy,
before he or she enters upon the duties of his or her office, shall
take and subscribe the oath or affirmation set forth in Section 3 of
Article XX of the Constitution. 
    The 
    (b)     The  oath or affirmation
required by this section  may   shall  be
taken before  any officer authorized to administer oaths and
no fee shall be charged by any person before whom the oath is taken
or subscribed   the chairperson of the county central
committee, the immediate predecessor of the chairperson, or a
designee of the chairperson or his or her immediate predecessor 
.
   SEC. 9.    Section 7423 of the   Elections
Code   is amended to read: 
   7423.  If the elections official, on the 73rd day prior to the
direct primary election, finds that the number of candidates
nominated for election to a committee from an Assembly or
supervisorial district does not exceed the number of candidates to be
elected from that Assembly or supervisorial district, the
designation of the office and the names of the candidates shall not
be printed on this party's ballot in the Assembly or supervisorial
district  , unless there is filed with the elections
official, not later than 20 days after the final date for filing
nomination papers for the positions, petition indicating that a
write-in campaign will be conducted for the office, and signed by 25
registered voters affiliated with the political party involved
 . In lieu thereof, the board of supervisors shall declare
elected the candidates who have been nominated  , and those
candidates shall be entitled to receive certificates of election in
the same manner as other candidates elected to a committee 
.
   SEC. 10.    Section 7444 of the   Elections
Code   is amended to read: 
   7444.  If the chairperson of a committee refuses to call a
meeting, a meeting may be called upon five days' notice by a majority
of the members of the committee. 
   Within five days after a committee meets for its organizational
meeting, the newly elected chairperson of the committee shall notify
the elections official of his or her name. The elections official
shall mail a certificate to that effect to the Secretary of State.

   SEC. 11.    Section 7655 of the   Elections
Code   is amended to read: 
   7655.   (a)    Each member of a committee,
whether elected to the committee or appointed to fill a vacancy,
before he or she enters upon the duties of his or her office, shall
take and subscribe the oath or affirmation set forth in Section 3 of
Article XX of the Constitution. 
    The 
    (b)     The  oath or affirmation
required by this section  may   shall  be
taken before  any officer authorized to administer oaths and
no fee shall be charged by any person before whom the oath is taken
or subscribed   the chairperson of the county central
committee, the immediate predecessor of the chairperson, or a
designee of the chairperson o  r his or her immediate
predecessor  .
   SEC. 12.    Section 7673 of the   Elections
Code   is amended to read: 
   7673.  If the elections official, on the 73rd day prior to the
direct primary election, finds that the number of candidates
nominated for election to a committee from an Assembly or supervisor
district does not exceed the number of candidates to be elected from
that Assembly or supervisor district, the designation of the office
and the names of the candidates shall not be printed on this party's
ballot in the Assembly or supervisor district  , unless there
is filed with the elections official, not later than 20 days after
the final date for filing nomination papers for the positions, a
petition indicating that a write-in campaign will be conducted for
the office and signed by 25 registered voters affiliated with the
political party involved  . In lieu thereof, the board of
supervisors shall declare elected the candidates who have been
nominated  , and those candidates shall be entitled to
receive certificates of election in the same manner as other
candidates elected to a committee  .
   SEC. 13.    Section 7680 of the   Elections
Code   is amended to read: 
   7680.  Each committee shall meet  in the courthouse
 at its county seat, upon call, which shall be given by the
 elections official of the county and in quarters to be
arranged or provided for by the elections official of the county,
  chairperson of the county central committee or 
 the immediate predecessor of the current chairperson of the
county committee  on the second Tuesday in July following the
direct primary election, except that in any year in which a national
convention of the party includes that date, the existing executive
committee of a committee shall set the date of the meeting, not to
exceed 30 days after the date herein specified.
   SEC. 14.    Section 7681 of the   Elections
Code   is repealed.  
   7681.  Notwithstanding the provisions of Section 7680, a committee
in a county having a population in excess of 4,000,000 shall meet at
its county seat in a centrally located public auditorium sufficient
to accommodate its membership. 
   SEC. 15.    Section 7772.1 of the  
Elections Code   is amended to read: 
   7772.1.  Notwithstanding any other provision of law, if the
elections official, on the 73rd day prior to the direct primary
election, finds that the number of candidates nominated for election
to a central committee from any election jurisdiction does not exceed
the number to be elected from that jurisdiction, the designation of
the office and the names of the candidates shall not be printed on
this party's ballot in that jurisdiction  , unless there is
filed with the elections official, not later than 20 days after the
final date for filing nomination papers for the positions, a petition
signed by 25 registered voters affiliated with the Peace and Freedom
Party indicating that a write-in campaign will be conducted for the
office  . In lieu thereof, the board of supervisors shall
declare elected the candidates who have been nominated  , and
those candidates shall be entitled to receive certificates of
election in the same manner as other candidates elected to a central
committee  .
   SEC. 16.    Section 7782 of the   Elections
Code   is repealed.  
   7782.  A certificate of election shall be issued to each elected
member of central committees by the officers charged with that duty
of issuing certificates of election to members of county central
committees under Section 8145. 
   SEC. 17.    Section 7837 of the   Elections
Code   is repealed.  
   7837.  The Secretary of State, within 10 days after the convention
meeting of the state central committee, shall ascertain who is the
newly elected chairperson of the state central committee and shall
mail a certificate to that effect, including the chairperson's
address and telephone number, to the elections official of each
county. 
   SEC. 18.    Section 8145 of the   Elections
Code   is amended to read: 
   8145.  It is the duty of the officers charged with the canvass of
the returns of any primary election in any county or city to 
issue:  
   (a) Certificates of election to each member elected to a county
central committee. 
    (b)     Certificates
  issue certificates  of nomination to candidates
nominated for nonpartisan offices voted for wholly within one county.

  SEC. 19.    Section 15401 of the   Elections
Code   is amended to read: 
   15401.  The elections official shall make out and deliver to each
person elected or nominated, as declared by the governing body, 
except those elected to a central committee,  a certificate of
election or nomination, signed and authenticated by the elections
official.
   SEC. 20.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to provide for the effective and efficient conduct of the
June 5, 2012, statewide primary election, it is necessary that this
act take effect immediately.  
  SECTION 1.    Section 13383.1 is added to the
Water Code, to read:
   13383.1.  (a) (1) A local public agency operating a combined sewer
and stormwater system shall implement a notification plan to inform
the public in the event of a discharge from the system that occurs on
or near a recreational beach.
   (2) The notification plan shall include both of the following:
   (A) A communication mechanism to alert persons using all receiving
waters affected by sewer discharges.
   (B) A testing system to determine the nature and duration of
conditions resulting from sewer discharges that are potentially
harmful to users of receiving waters.
   (b) Upon a discharge from a combined sewer and stormwater system
on or near a recreational beach, the public agency operating the
system shall post notice at the beach in the vicinity of the
discharge and shall conduct shoreline monitoring for bacteria at
monitoring locations in the vicinity of the discharge, in accordance
with a schedule determined by the appropriate regional board.
Shoreline monitoring during and after the discharge and the posting
of notice shall continue until bacteria concentrations in the
receiving waters at the monitoring locations fall below maximum
limits established by the appropriate regional board.
   (c) A local public agency operating a combined sewer and
stormwater system shall make reasonable efforts to enter into an
agreement with a nongovernmental organization for regular sampling of
receiving waters affected by discharges from the combined sewer and
stormwater system.  
  SEC. 2.    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.