BILL NUMBER: SB 1096	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 12, 2012
	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 Sections  8251,   8252, 8252.5, 
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.
Existing law 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, 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. 
   Existing law requires the State Auditor to initiate a process by
which members of the commission are selected, including requirements
that applicants be screened by an Applicant Review Panel comprised of
3 qualified independent auditors, as defined, and that the State
Auditor and Applicant Review Panel meet prescribed deadlines in
selecting members of the commission.  
   This bill would revise the prescribed deadlines to provide
additional time to select commission members. The bill would redefine
the term "qualified independent auditor" to mean only auditors who
are employed by the Bureau of State Audits and who have been
practicing independent auditors for at least 10 years, thereby
limiting membership on the Applicant Review Panel to auditors who are
employed by the Bureau of State Audits.  
   Existing law requires that a vacancy on the commission be filled
within 30 days from a specified pool of applicants.  
   This bill would require that the commission fill a vacancy within
30 days from the specified pool of applicants if the vacancy occurs
prior to December 31 of a year ending in 2, but within 90 days if the
vacancy occurs on or after December 31 of a year ending in 2. 

   Existing law requires the commission to take public comment for at
least 14 days from the date that any map is publicly displayed.
 
   This bill would require the commission to publicly display the
first preliminary statewide maps for specified offices no later than
July 1 of a year ending in 1, and would prohibit the public display
of any other map during the 14 days of public comment for those maps.
This bill would require subsequent preliminary statewide maps to be
subject to public comment for at least 7 days, and the final
statewide maps to be subject to public comment for 3 days. 
   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  , including that the bill containing amendments to
the act's provisions be in print for 10 days and that the Legislature
not enact amendments to the act's provisions in a year ending in
  0 or   1 . 
   This bill would require that a bill be in print for at least 12
days and additionally prohibit the Legislature from amending the act
in a year ending in 9. 
   This bill would declare that it furthers the purposes of the act.

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


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

   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
  employed by the Bureau of State Audits  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   at least 12  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  0   9, 0,  or 1.
   SEC. 2   .    Section 8252 of the  
Government Code   is amended to read: 
   8252.  Citizens Redistricting Commission Selection Process.
   (a) (1) By  January 1 in 2010, and in each year ending in
the number zero thereafter   August 15 in each year
ending in the number nine  , the State Auditor shall initiate an
application process, open to all registered California voters in a
manner that promotes a diverse and qualified applicant pool.
   (2) The State Auditor shall remove from the applicant pool
individuals with conflicts of interest including:
   (A) Within the 10 years immediately preceding the date of
application, neither the applicant, nor a member of his or her
immediate family, may have done any of the following:
   (i) Been appointed to, elected to, or have been a candidate for
federal or state office.
   (ii) Served as an officer, employee, or paid consultant of a
political party or of the campaign committee of a candidate for
elective federal or state office.
   (iii) Served as an elected or appointed member of a political
party central committee.
   (iv) Been a registered federal, state, or local lobbyist.
   (v) Served as paid congressional, legislative, or  State 
Board of Equalization staff.
   (vi) Contributed two thousand dollars ($2,000) or more to any
congressional, state, or local candidate for elective public office
in any year, which shall be adjusted every 10 years by the cumulative
change in the California Consumer Price Index, or its successor.
   (B) Staff and consultants to, persons under a contract with, and
any person with an immediate family relationship with the Governor, a
Member of the Legislature, a member of Congress, or a member of the
State Board of Equalization, are not eligible to serve as commission
members. As used in this subdivision, a member of a person's
"immediate family" is one with whom the person has a bona fide
relationship established through blood or legal relation, including
parents, children, siblings, and in-laws.
   (b) The State Auditor shall establish an Applicant Review Panel,
consisting of three qualified independent auditors,  to
screen   that is responsible for the screening of the
 applicants. The State Auditor shall randomly draw  the
 names  of three qualified independent auditors
 from a pool consisting of all  qualified independent
 auditors  employed by the state and licensed by the
California Board of Accountancy at the time of the drawing 
. The State Auditor shall draw until the names of three 
qualified independent  auditors have been drawn  , 
including one who is registered with the largest political party in
California based on party registration, one who is registered with
the second largest political party in California based on party
registration, and one who is not registered with either of the two
largest political parties in California. After the drawing, the State
Auditor shall notify the three qualified independent auditors whose
names have been drawn that they have been selected to serve on the
panel. If any of the three qualified independent auditors decline to
serve on the panel, the State Auditor shall resume the random drawing
until three qualified independent auditors who meet the requirements
of this subdivision have agreed to serve on the panel. A member of
the panel shall be subject to the conflict of interest provisions set
forth in paragraph (2) of subdivision (a).
   (c) Having removed individuals with conflicts of interest from the
applicant pool, the State Auditor shall  ,  no later than
 August 1 in 2010, and   March 15  in each
year ending in the number zero  thereafter  ,
publicize the names in the applicant pool and provide copies of their
applications to the Applicant Review Panel.
   (d) From the applicant pool, the Applicant Review Panel shall
select 60 of the most qualified applicants, including 20 who are
registered with the largest political party in California based on
registration, 20 who are registered with the second largest political
party in California based on registration, and 20 who are not
registered with either of the two largest political parties in
California based on registration. These subpools shall be created on
the basis of relevant analytical skills, ability to be impartial, and
appreciation for California's diverse demographics and geography.
The members of the panel shall not communicate with any State Board
of Equalization member, Senator, Assembly Member, congressional
member, or their representatives, about any matter related to the
nomination process or applicants prior to the presentation by the
panel of the pool of recommended applicants to the Secretary of the
Senate and the Chief Clerk of the Assembly.
   (e) By  October 1 in 2010, and   May 15 
in each year ending in the number zero  thereafter 
, the Applicant Review Panel shall present its  pool
  subpools of recommended applicants to the
Secretary of the Senate and the Chief Clerk of the Assembly. No later
than  November 15 in 2010, and   June 30 
in each year ending in the number zero  thereafter 
, the President pro Tempore of the Senate, the Minority Floor Leader
of the Senate, the Speaker of the Assembly, and the Minority Floor
Leader of the Assembly may each strike up to two applicants from each
subpool of 20 for a total of eight possible strikes per subpool.
After all legislative leaders have exercised their strikes, the
Secretary of the Senate and the Chief Clerk of the Assembly shall
jointly present the pool of remaining names to the State Auditor.
   (f) No later than  November 20 in 2010, and  
July 5  in each year ending in the number zero 
thereafter  , the State Auditor shall randomly draw eight
names from the remaining pool of applicants as follows: three from
the remaining subpool of applicants registered with the largest
political party in California based on registration, three from the
remaining subpool of applicants registered with the second largest
political party in California based on registration, and two from the
remaining subpool of applicants who are not registered with either
of the two largest political parties in California based on
registration. These eight individuals shall serve on the Citizens
Redistricting Commission.
   (g) No later than  December 31 in 2010, and  
August 15  in each year ending in the number zero 
thereafter  , the eight commissioners shall review the
remaining names in the  pool   subpools  of
applicants and appoint six applicants to the commission as follows:
two from the remaining subpool of applicants registered with the
largest political party in California based on registration, two from
the remaining subpool of applicants registered with the second
largest political party in California based on registration, and two
from the remaining subpool of applicants who are not registered with
either of the two largest political parties in California based on
registration. The six appointees must be approved by at least five
affirmative votes which must include at least two votes of
commissioners registered from each of the two largest parties and one
vote from a commissioner who is not affiliated with either of the
two largest political parties in California. The six appointees shall
be chosen to ensure the commission reflects this state's diversity,
including, but not limited to, racial, ethnic, geographic, and gender
diversity. However, it is not intended that formulas or specific
ratios be applied for this purpose. Applicants shall also be chosen
based on relevant analytical skills and ability to be impartial.
   SEC. 3.    Section 8252.5 of the  
Government Code   is amended to read: 
   8252.5.  Citizens Redistricting Commission Vacancy, Removal,
Resignation, Absence.
   (a) In the event of substantial neglect of duty, gross misconduct
in office, or inability to discharge the duties of office, a member
of the commission may be removed by the Governor with the concurrence
of two-thirds of the Members of the Senate after having been served
written notice and provided with an opportunity for a response. A
finding of substantial neglect of duty or gross misconduct in office
may result in referral to the Attorney General for criminal
prosecution or the appropriate administrative agency for
investigation.
   (b)  (1)    Any vacancy, whether created by
removal, resignation, or absence, in the 14 commission positions 
that occurs   prior to December 31 of a year ending in the
number two  shall be filled  by the commission  within
the 30 days after the vacancy occurs, from the  pool
  subpool  of applicants of the same voter
registration category as the vacating nominee that was remaining as
of  November 20   July 5  in the year in
which that  pool   subpool  was
established.  If  
   (2) Any vacancy, whether created by removal, resignation, or
absence, in the 14 commission positions that occurs on or after
December 31 of a year ending in the number two shall be filled by the
commission within the 90 days after the vacancy occurs, from the
subpool of applicants of the same voter registration category as the
vacating nominee that was remaining as of July 5 in the year in which
that subpool was established. 
    (3)     If  none of those remaining
applicants are available for service, the State Auditor shall
 fill the vacancy from a new pool created  
establish a new subpool  for the same voter registration
category in accordance with Section 8252.
   SECTION 1.   SEC. 4.   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), or its successor. The commission shall provide not
less than 14 days' public notice for each meeting  held for the
purpose of receiving public input testimony  , except that
meetings held in  September  August  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
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 have demonstrated extensive experience and expertise in
implementation and enforcement of the federal Voting Rights Act of
1965 (42 U.S.C. Sec. 1971 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 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   the first preliminary statewide maps
of the congressional, State Senatorial, Assembly, and State Board of
Equalization districts, which shall be publicly displayed no later
than July 1 in each year ending in the number one. The commission
shall not display any other map for public comment during the 14-day
period. The first preliminary statewide maps and all subsequent
statewide maps shall comply, to the extent practicable, with the
criteria set forth in subdivision   (d) of Section 2 of
Article XXI of the California Constitution. Public comment shall be
taken for at least seven days from the date of public display o 
 f any subsequent preliminary statewide maps and for at least
three days from the date of public display of any final statewide
maps  .
   (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.   SEC. 5.   Section 8253.6 of
the Government Code is amended to read:
   8253.6.  Citizens Redistricting Commission Budget, Fiscal
Oversight.
   (a) In each year ending in nine, 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 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 
,   including the solicitation of applicants  . The
Governor shall also make adequate office and meeting  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 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.   SEC. 6.   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.