Today's Law As Amended


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SCA-8 Counties: board of supervisors: redistricting. (2015-2016)



As Amends the Law Today


First—

 That Section 1 of Article XI thereof is amended to read:

SEC. 1.
 (a) The State is divided into counties which are legal subdivisions of the State. The Legislature shall prescribe uniform procedure for county formation, consolidation, and boundary change. Formation or consolidation requires approval by a majority of electors voting on the question in each affected county. A boundary change requires approval by the governing body of each affected county. No county seat shall be removed unless two-thirds of the qualified electors of the county, voting on the proposition at a general election, shall vote in favor of such removal. A proposition of removal shall not be submitted in the same county more than once in four years.
(b) The Legislature shall provide for county powers, an elected county sheriff, an elected district attorney, an elected assessor, and an elected governing body in each county. Except as provided in subdivision (b) paragraph (2) of subdivision (a)  of Section 4 of this article, each governing body shall prescribe by ordinance the compensation of its members, but the ordinance prescribing such compensation shall be subject to referendum. The Legislature or the governing body may provide for other officers whose compensation shall be prescribed by the governing body. The governing body shall provide for the number, compensation, tenure, and appointment of employees.

Second—

 That Section 4 of Article XI thereof is amended to read:

SEC. 4.
 (a)  County charters shall provide for:
(a) (1)  A  Except as otherwise provided in Section 4.5, a  governing body of 5 five  or more members, elected (1) by district or, (2) at large, or (3) at large,  by district,  with a requirement that they  the member  reside in a district. Charter counties are subject to statutes that relate to apportioning population of governing body districts.
(b) (2)  The compensation, terms, and removal of members of the governing body. If a county charter provides for the Legislature to prescribe the salary of the governing body, such compensation shall be prescribed by the governing body by ordinance. body, subject to Section 4.5. 
(c) (3)  An elected sheriff, an elected district attorney, an elected assessor, other officers, their election or appointment, compensation, terms and removal.
(d) (4)  The performance of functions required by statute.
(e) (5)  The powers and duties of governing bodies and all other county officers, and for consolidation and segregation of county officers, and for the manner of filling all vacancies occurring therein. in those offices. 
(f) (6)  The fixing and regulation by governing bodies, by ordinance, of the appointment and number of assistants, deputies, clerks, attachés, and other persons to be employed, and for the prescribing and regulating by such bodies of the powers, duties, qualifications, and compensation of such persons, the times at which, and terms for which they shall be appointed, and the manner of their appointment and removal.
(g) (7)  Whenever any county has framed and adopted a charter, and the same shall have  charter has  been approved by the Legislature as herein provided,  provided in this section,  the general laws adopted by the Legislature in pursuance  pursuant to subdivision (b)  of Section 1(b) 1  of this article, shall, as to such that  county, be superseded by said that  charter as to matters for which, under this section it is competent to make provision in such the  charter, and for which provision is made therein,  in the charter,  except as herein  otherwise expressly provided. provided in this section. 
(h) (8)  Charter counties shall have all the powers that are provided by this Constitution or by statute for counties.
(b) The changes made by the act adding this subdivision shall apply on and after January 1, 2021.

Third—

 That Section 4.5 is added to Article XI thereof, to read:

SEC. 4.5.
 (a) In a charter county that is found at a decennial United States census, beginning with the 2020 United States census, to have a population of more than 3,000,000 there is required, and the county charter shall be deemed to require, the following:
(1) The governing body shall consist of seven or more members, elected by district, with a requirement that the member reside in a district, and subject to statutes that relate to apportioning the population of governing body districts. The number of members on the governing body shall not thereafter be reduced to fewer than seven members even if, in a future decennial United States census, the county is not a county with a population of more than 3,000,000.
(2) (A) The expenditures for the governing body and its staff shall not exceed, for any subsequent fiscal year after the release of the census finding a population of more than 3,000,000, the amount that was allocated for the expenses of the governing body and its staff in the county’s adopted budget for the fiscal year in which that same census was conducted, as adjusted each fiscal year thereafter for changes in the California Consumer Price Index.
(B) This expenditure limitation shall continue to apply even if, in a future decennial United States census, the county is not a county with a population of more than 3,000,000.
(b) (1) Each general law county that is found at a decennial United States census, beginning with the 2020 United States census, to have a population of more than 3,000,000, shall have a governing body consisting of seven or more members. Any county described in this subdivision shall be subject to statutes that relate to apportioning the population of governing body districts. The number of members on the governing body shall not thereafter be reduced to fewer than seven members even if, in a future decennial United States census, the county is not a county with a population of more than 3,000,000.
(2) (A) In a general law county that is found at a decennial United States census, beginning with the 2020 United States census, to have a population of more than 3,000,000, the expenditures for the governing body and its staff shall not exceed, for any subsequent fiscal year after the release of the census finding a population of more than 3,000,000, the amount that was allocated for the expenses of the governing body and its staff in the county’s adopted budget for the fiscal year in which that same census was conducted, as adjusted each fiscal year thereafter for changes in the California Consumer Price Index.
(B) This expenditure limitation shall continue to apply even if, in a future decennial United States census, the county is not a county with a population of more than 3,000,000.
(3) On and after January 1, 2021, the members of a governing body of a general law county shall be elected by district, and the member shall reside in that district.