BILL ANALYSIS Senate Appropriations Committee Fiscal Summary Senator Kevin Murray, Chairman 3 (Lowenthal) Hearing Date: 4/24/06 Amended: 3/22/06 Consultant: Maureen Ortiz Policy Vote: E & R 3-1 _________________________________________________________________ ____ BILL SUMMARY: SCA 3, if approved by the voters, provides for the appointment of an eleven member independent redistricting commission to establish congressional, Assembly, Senate and State Board of Equalization districts. _________________________________________________________________ ____ Fiscal Impact (in thousands) Major Provisions 2006-07 2007-08 2008-09 Fund Redistricting commission --unknown, potentially several million in 2009 --- General Ballot ----- approximately $330 one time----- General _________________________________________________________________ ____ STAFF COMMENTS: This bill meets the criteria to be placed on the Suspense file. SCA 3 requires the Department of Finance, in each year ending in the number nine, to recommend an appropriation adequate to meet the expenses of the commission, and to make office space available for the operation of the commission. It requires the Legislature to make an appropriation to fund the expenses of the commission, by bill passed by a majority vote. Although costs for the commission are unknown at this time, this program is being modeled after an Arizona initiative and costs for that commission in 2001 were estimated at $6 million. In addition, costs for the Secretary of State are estimated at $55,000 per page for ballot printing, processing and mailing. Recent initiatives have been four to six pages long totaling election costs of between $220,000 and $330,000. Specifically, this bill does the following: 1) Requires that each of the 40 Senate districts be divided into two Assembly districts. 2) Deletes the provision of the California Constitution that requires the Legislature to adjust the boundary lines of the state Senate, Assembly, Congressional and Board of Equalization districts in the year following the year in which the federal census is taken. 3) Creates a procedure for the appointment of an eleven member redistricting commission to establish the above mentioned districts. 4) Grants the California Supreme Court exclusive jurisdiction over all challenges to a redistricting plan adopted by the commission. If a plan is held unconstitutional, the court would provide relief as it deems appropriate. 5) Requires a panel of 10 retired judges of the Court of Appeal to nominate a pool of 25 candidates for appointment to the commission. SCA 3 (Lowenthal) Page 2 6) Requires the Department of Finance to submit to the Legislature a recommendation for estimated redistricting expenses to be appropriated by the Legislature by majority vote. 7) Allows the commission to contract and hire staff and consultants, exempt from civil service, including legal representation, and provides for reimbursement of expenses to commissioners. SCA 3 provides for the make-up of the commission as follows: 1) The commission shall consist of 11 members, with no more than four from the same political party, 2) Each member must commit to applying this article in an honest, independent, and impartial fashion, 3) No more than 2 of the 8 appointed members may reside in the same county, 4) Each commissioner must be a registered California voter who has been registered with the same political party (or registered as unaffiliated with a party) for three or more years immediately preceding the appointment, and 5) Within the three years immediately preceding appointment, no member may have been appointed to, elected to, or have been a candidate for any other public office, or served as an officer of a political party, a registered paid lobbyist or as an officer of a candidate's campaign committee. In addition, SCA 3 prohibits legislative and congressional staff, consultants under contract with the Legislature, and any person with a financial or family relationship with the Governor, a Member of the Legislature, a Member of Congress, or a member of the State Board of Equalization from serving on the commission. The Judicial Council will appoint a panel of 10 retired judges of the Court of Appeal to nominate a pool of 25 candidates for the commission. The pool will consist of 10 nominees from each of the two largest political parties in California and 5 who are not registered with either of those parties. Of the eleven member commission, two appointments will be made by each of the following: Speaker of the Assembly, minority floor leader of the Assembly, President pro Tempore of the Senate, and the minority floor leader of the Senate. At a meeting called by the Secretary of State, the eight appointed members will select three additional members from the pool. The deadline for the Legislature to pass measures that are to be included on the November 2006 Statewide General Election is June 29, 2006.