Bill Text: CA AB1440 | 2013-2014 | Regular Session | Chaptered
Bill Title: Elections: district boundaries: public hearing.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Passed) 2014-09-30 - Chaptered by Secretary of State - Chapter 873, Statutes of 2014. [AB1440 Detail]
Download: California-2013-AB1440-Chaptered.html
BILL NUMBER: AB 1440 CHAPTERED
BILL TEXT
CHAPTER 873
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2014
APPROVED BY GOVERNOR SEPTEMBER 30, 2014
PASSED THE SENATE AUGUST 13, 2014
PASSED THE ASSEMBLY AUGUST 18, 2014
AMENDED IN SENATE AUGUST 7, 2014
AMENDED IN ASSEMBLY APRIL 8, 2014
AMENDED IN ASSEMBLY MARCH 25, 2014
INTRODUCED BY Assembly Member Campos
(Coauthor: Senator Padilla)
JANUARY 6, 2014
An act to add Sections 21507, 21607, 21621, and 22001 to, to add
Chapter 2 (commencing with Section 10010) to Part 1 of Division 10
of, and to repeal Sections 21500.1, 21601.1, and 21620.1 of, the
Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1440, 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. The bill would
also make technical, nonsubstantive changes to these provisions.
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.
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.
SEC. 2. Section 21500.1 of the Elections Code is repealed.
SEC. 3. Section 21507 is added to the Elections Code, to read:
21507. 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.
SEC. 4. Section 21601.1 of the Elections Code is repealed.
SEC. 5. Section 21607 is added to the Elections Code, to read:
21607. 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.
SEC. 6. Section 21620.1 of the Elections Code is repealed.
SEC. 7. Section 21621 is added to the Elections Code, to read:
21621. 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.
SEC. 8. Section 22001 is added to the Elections Code, to read:
22001. Before adjusting the boundaries of a division pursuant to
Section 22000 or for any other reason, the governing body of the
district shall hold at least one public hearing on the proposal to
adjust the boundaries of the division prior to the public hearing at
which the governing body votes to approve or defeat the proposal.
SEC. 9. 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.
