BILL NUMBER: SB 1096	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 20, 2012

INTRODUCED BY   Committee on Elections and Constitutional Amendments
(Senators Correa (Chair), De León, Gaines, La Malfa, and Lieu)

                        FEBRUARY 16, 2012

   An act to amend  Section 8251   Sections 8253
and 8253.6  of the Government Code, relating to redistricting.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1096, as amended, Committee on Elections and Constitutional
Amendments. Citizens Redistricting Commission.
   Under existing law,  the Voters FIRST Act and the Voters FIRST
Act for Congress,  the Citizens Redistricting Commission is
charged with various duties and responsibilities in connection with
redistricting Assembly, Senate, Board of Equalization, and
congressional districts  , as specified  . Existing
law  establishes the process for the selection and governance
of   requires  the Citizens Redistricting
Commission  to hire commission   staff, legal counsel,
and consultants, as needed, and requires the Secretary of State to
provide support functions to the Citizens Redistricting Commission
until its staff and office are fully functional  .
   This bill would  make a technical, nonsubstantive
amendment to these provisions   , instead, require the
State Auditor to provide support functions to the Citizens
Redistricting Commission until its staff and office are fully
functional  . 
    Existing law requires the Governor to include in the Governor's
Budget submitted to the Legislature amounts of funding for the State
Auditor, the Citizens Redistricting Commission, and the Secretary of
State that are sufficient to meet the estimated expenses of each of
those officers or entities in implementing the redistricting process,
and requires the Legislature to make the necessary appropriation in
the Budget Act.  
   This bill would delete the requirement that the Governor's Budget
include amounts of funding for the Secretary of State in connection
with the redistricting process.  
   The Voters FIRST Act, an initiative measure, provides that the
Legislature may amend the act to further the act's purposes upon a
2/3 vote of each house and compliance with specified procedural
requirements.  
   This bill would declare that it furthers the purposes of the act.

   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee:  no   yes  .
State-mandated local program: no.


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

   SECTION 1.    Section 8253 of the  
Government Code   is amended to read: 
   8253.  Citizens Redistricting Commission Miscellaneous Provisions.

   (a) The activities of the Citizens Redistricting Commission are
subject to all of the following:
   (1) The commission shall comply with the Bagley-Keene Open Meeting
Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part
1 of Division  3 of Title 2)   3)  , or its
successor. The commission shall provide not less than 14 days'
public notice for each meeting, except that meetings held in
September in the year ending in the number one may be held with three
days' notice.
   (2) The records of the commission pertaining to redistricting and
all data considered by the commission are public records that will be
posted in a manner that ensures immediate and widespread public
access.
   (3) Commission members and staff may not communicate with or
receive communications about redistricting matters from anyone
outside of a public hearing. This paragraph does not prohibit
communication between commission members, staff, legal counsel, and
consultants retained by the commission that is otherwise permitted by
the Bagley-Keene Open Meeting Act or its successor outside of a
public hearing.
   (4) The commission shall select by the voting process prescribed
in paragraph (5) of subdivision (c) of Section 2 of Article XXI of
the California Constitution one of their members to serve as the
chair and one to serve as vice chair. The chair and vice chair shall
not be of the same party.
   (5) The commission shall hire commission staff, legal counsel, and
consultants as needed. The commission shall establish clear criteria
for the hiring and removal of these individuals, communication
protocols, and a code of conduct. The commission shall apply the
conflicts of interest listed in paragraph (2) of subdivision (a) of
Section 8252 to the hiring of staff to the extent applicable. The
 Secretary of  State  Auditor  shall
provide support functions to the commission until its staff and
office are fully functional. Any individual employed by the
commission shall be exempt from the civil service requirements of
Article VII of the California Constitution. The commission shall
require that at least one of the legal counsel hired by the
commission  has   have  demonstrated
extensive experience and expertise in implementation and enforcement
of the federal Voting Rights Act of 1965 (42 U.S.C. Sec. 1971
 and following)   et seq.)  . The
commission shall make hiring, removal, or contracting decisions on
staff, legal counsel, and consultants by nine or more affirmative
votes including at least three votes of members registered from each
of the two largest parties and three votes from members who are not
registered with either of the two largest political parties in
California.
   (6) Notwithstanding any other provision of law, no employer shall
discharge, threaten to discharge, intimidate, coerce, or retaliate
against any employee by reason of  such   that
 employee's attendance or scheduled attendance at any meeting of
the commission.
   (7) The commission shall establish and implement an open hearing
process for public input and deliberation that shall be subject to
public notice and promoted through a thorough outreach program to
solicit broad public participation in the redistricting public review
process. The hearing process shall include hearings to receive
public input before the commission draws any maps and hearings
following the drawing and display of any commission maps. In
addition, hearings shall be supplemented with other activities as
appropriate to further increase opportunities for the public to
observe and participate in the review process. The commission shall
display the maps for public comment in a manner designed to achieve
the widest public access reasonably possible. Public comment shall be
taken for at least 14 days from the date of public display of any
map.
   (b) The Legislature shall take all steps necessary to ensure that
a complete and accurate computerized database is available for
redistricting, and that procedures are in place to provide the public
ready access to redistricting data and computer software for drawing
maps. Upon the commission's formation and until its dissolution, the
Legislature shall coordinate these efforts with the commission.
   SEC. 2.    Section 8253.6 of the  
Government Code   is amended to read: 
   8253.6.  Citizens Redistricting Commission Budget, Fiscal
Oversight.
   (a) In  2009, and in  each year ending in nine
 thereafter  , the Governor shall include in the
Governor's Budget submitted to the Legislature pursuant to Section 12
of Article IV of the California Constitution amounts of funding for
the State Auditor  ,   and  the Citizens
Redistricting Commission  , and the Secretary of State
 that are sufficient to meet the estimated expenses of each
of those officers or entities in implementing the redistricting
process required by this act for a three-year period, including, but
not limited to, adequate funding for a statewide outreach program to
solicit broad public participation in the redistricting process. The
Governor shall also make adequate office space available for the
operation of the commission. The Legislature shall make the necessary
appropriation in the Budget Act, and the appropriation shall be
available during the entire three-year period. The appropriation made
shall be equal to the greater of three million dollars ($3,000,000),
or the amount expended pursuant to this subdivision in the
immediately  proceeding   preceding 
redistricting process, as each amount is adjusted by the cumulative
change in the California Consumer Price Index, or its successor,
since the date of the immediately preceding appropriation made
pursuant to this subdivision. The Legislature may make additional
appropriations in any year in which it determines that the commission
requires additional funding in order to fulfill its duties.
   (b) The commission, with fiscal oversight from the Department of
Finance or its successor, shall have procurement and contracting
authority and may hire staff and consultants, exempt from the civil
service requirements of Article VII of the California Constitution,
for the purposes of this act, including legal representation.
   SEC. 3.    The Legislature finds and declares that
this bill furthers the purposes of the Voters FIRST Act within the
meaning of paragraph (4) of subdivision (c) of Section 8251 of the
Government Code.  
  SECTION 1.    Section 8251 of the Government Code
is amended to read:
   8251.  Citizens Redistricting Commission General Provisions.
   (a) This chapter implements Article XXI of the California
Constitution by establishing the process for the selection and
governance of the Citizens Redistricting Commission.
   (b) For purposes of this chapter, the following terms are defined:

   (1) "Commission" means the Citizens Redistricting Commission.
   (2) "Day" means a calendar day, except that if the final day of a
period within which an act is to be performed is a Saturday, Sunday,
or holiday, the period is extended to the next day that is not a
Saturday, Sunday, or holiday.
   (3) "Panel" means the Applicant Review Panel.
   (4) "Qualified independent auditor" means an auditor who is
currently licensed by the California Board of Accountancy and has
been a practicing independent auditor for at least 10 years prior to
appointment to the Applicant Review Panel.
   (c) The Legislature may not amend this chapter unless all of the
following are met:
   (1) By the same vote required for the adoption of the final set of
maps, the commission recommends amendments to this chapter to carry
out its purpose and intent.
   (2) The exact language of the amendments provided by the
commission is enacted as a statute approved by a two-thirds vote of
each house of the Legislature and signed by the Governor.
   (3) The bill containing the amendments provided by the commission
is in print for 10 days before final passage by the Legislature.
   (4) The amendments further the purposes of this act.
   (5) The amendments may not be passed by the Legislature in a year
ending in zero or 1.