Bill Text: CA AB1252 | 2011-2012 | Regular Session | Amended
Bill Title: Los Angeles Community College District: elections.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1252 Detail]
Download: California-2011-AB1252-Amended.html
BILL NUMBER: AB 1252 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 4, 2011
INTRODUCED BY Assembly Member Davis
FEBRUARY 18, 2011
An act to amend Section 1167 of the Penal Code, relating
to criminal trials. An act to add Section 72037 to the
Education Code, relating to the Los Angeles Community College
District.
LEGISLATIVE COUNSEL'S DIGEST
AB 1252, as amended, Davis. Criminal trials.
Los Angeles Community College District: elections.
Existing law authorizes the county committee on school district
organization, upon petition of the governing board of any community
college district, to provide for the establishment, rearrangement, or
abolishment of trustee areas in any community college district.
This bill would establish a separate procedure for the election of
the trustees of the Los Angeles Community College District. The bill
would specify that a candidate for election must reside in, and be
registered to vote in, the trustee area he or she seeks to represent.
The size of the board, nomination of candidates, and term length,
would be determined, as specified.
This bill would require the governing board of each trustee area
to set the boundaries of each trustee area before March 1, 2012, to
reflect the population enumerated in the federal 2010 decennial
census. If the governing board fails to timely set the boundaries,
then the county committee on school district organization shall do so
before April 30, 2012. Because this bill would impose new duties on
the Los Angeles Community College District, it would impose a
state-mandated local program.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the Los Angeles Community
College District.
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.
Existing law provides for the right to trial by jury. Existing law
allows a jury to be waived in a criminal cause by the consent of
both parties expressed in open court by the defendant and the
defendant's counsel. Existing law requires that when a jury trial is
waived, the judge before whom the trial is had shall announce his or
her findings upon the issues of fact in substantially the form
prescribed for the general verdict of a jury.
This bill would make a technical, nonsubstantive change to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) Changing the manner of election of members of the governing
board of the Los Angeles Community College District to elections by
trustee area, rather than on a districtwide basis, would enable a
greater number of candidates to run for seats on the board by
eliminating the costs associated with running for districtwide
election, would make it easier for trustees to know their
constituents and for the constituents to know their trustees, and
would protect the district from the uncertainty and cost of
litigation of a challenge to the "at-large" electoral system
currently used by the district as a violation of the California
Voting Rights Act of 2001.
(b) In light of the June 2010 approval of Proposition 14, whereby
all state and congressional elections shall be decided by a "top-two
primary" in which the top two vote getters in the primary election
advance to the general election to determine the winner, a similar
change in the manner of election of members of the district's
governing board to a "top-two primary" method would best reflect the
will of the voters.
(c) Data from the 2010 census, which will be available in April
2011, will permit trustee areas to be drawn and implemented using the
most up-to-date demographic data available for the district's 2012
board of elections.
SEC. 2. Section 72037 is added to the
Education Code , to read:
72037. (a) Notwithstanding any other provision of law, the number
of members, the election of members, and the reapportionment of
trustee areas of the governing board of the Los Angeles Community
College District shall be conducted pursuant to this section.
(b) Candidates for election as a member of the governing board of
the district shall be nominated by trustee area at a district primary
election held on the date of the statewide direct primary election.
The two candidates receiving the highest number of votes at the
district primary election within the trustee area shall be the
nominees for the district general election for that trustee area. The
nominee who receives a majority of the votes cast by the voters of
the trustee area in the district in the districtwide general election
shall be elected to represent that trustee area. The district
general election shall be held on the same date as the statewide
general election.
(c) Candidates for election as a member of the governing board
shall file a declaration of candidacy as provided in this code. Each
member of the governing board elected at the district general
election shall hold office for a term of four years commencing on the
first Friday in December next succeeding his or her election.
(d) The members of the governing board in office on January 1,
2012, shall hold office until the first Friday in December of the
year in which their respective term of office would otherwise have
terminated, or until a successor qualifies.
(e) The territory of the district shall be divided into trustee
areas and one member of the governing board shall be elected from
each trustee area. A candidate for election as a member of the
governing board shall reside in, and be registered to vote in, the
trustee area he or she seeks to represent.
(f) The governing board of the district shall be composed of not
less than five members and not more than nine, as determined by the
governing board. Sections 5019 to 5030, inclusive, do not apply to
the governing board's determination of the number of members pursuant
to this subdivision. If the number of members of the governing board
is increased or decreased, the governing board shall establish new
trustee areas, abolish trustee areas, or adjust the boundaries of
trustee areas so that the number of trustee areas is equal to the
number of governing board members. If the number of members of the
governing board is increased, the additional members of the governing
board shall be elected at the next regular district general election
of board members occurring at least 123 days after the governing
board approved the increased number of board members. Prior to the
next district general election, the governing board shall divide by
lot the additional trustee area positions that are created so that
the term of one-half of the board members elected to those positions
shall expire on the first Friday in December following the next
district general election. The term of the other board members
elected to fill the remainder of the additional positions shall
expire on the first Friday in December following the second district
general election succeeding their election.
(g) The governing board shall set the boundaries of each trustee
area before March 1, 2012, to reflect the population enumerated in
the 2010 decennial federal census. If the governing board fails to
set the boundaries before March 1, 2012, the county committee on
school district organization shall do so before April 30, 2012. The
boundaries of each trustee area shall be set so that the population
of each area is, as nearly as may be, the same proportion of the
total population of the district as each of the other areas.
Thereafter, the boundaries of trustee areas shall be adjusted
pursuant to Section 5019.5 and may be abolished or rearranged as
otherwise provided in this code.
SEC. 3. The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution for the Los Angeles Community College
District due to the unique circumstances associated with holding an
election on a districtwide basis.
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.
SECTION 1. Section 1167 of the Penal Code is
amended to read:
1167. When a jury trial is waived, the judge or justice before
whom the trial is had shall, at the conclusion thereof, announce his
or her findings upon the issues of fact, which shall be in
substantially the form prescribed for the general verdict of a jury
and shall be entered upon the minutes.
