BILL ANALYSIS Ó
0SENATE COMMITTEE ON ELECTIONS
AND CONSTITUTIONAL AMENDMENTS
Senator Lou Correa, Chair
BILL NO: SB 1096 HEARING DATE:
4/19/12
AUTHOR: Senate E&CA Comm. ANALYSIS BY:
Darren Chesin
AMENDED: 4/12/12
FISCAL: YES
SUBJECT
Citizens Redistricting Commission
DESCRIPTION
Existing law provides that 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 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 also limit membership on the Applicant Review Panel
to auditors who are employed by the Bureau of State Audits.
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
and make other conforming changes.
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 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.
This bill would instead requires the commission to 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 August in the year ending in the
number one may be held with three days' notice.
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.
Existing law provides that Legislature may amend the act
governing the Citizens Redistricting Commission 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.
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This bill would instead 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.
BACKGROUND
The Citizens Redistricting Commission . In November, 2008,
voters passed Proposition 11, which created the Citizens
Redistricting Commission to establish new district
boundaries for the State Assembly, State Senate, and Board
of Equalization beginning after the 2010 census. In
Nov0ember, 2010, voters passed Proposition 20 which
required the commission to also establish new boundaries
for California's congressional districts. The commission
consists of 14 registered voters, including five Democrats,
five Republicans, and four others all of whom applied for
the position and were chosen according to a procedure
specified in the ballot measures.
Amendment Process . The Legislature may not amend the law
governing the make-up and duties of the Citizens
Redistricting Commission unless all of the following are
met:
By the same vote required for the adoption of the final
set of maps, the commission recommends amendments to
carry out its purpose and intent.
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.
The bill containing the amendments provided by the
commission is in print for 10 days before final passage
by the Legislature.
The amendments further the purposes of the act that
created the commission.
The amendments may not be passed by the Legislature in
a year ending in 0 or 1.
COMMENTS
According to the author , this bill represents several
common sense improvements to the statutes governing the
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California Citizens Redistricting Commission and the
redistricting process negotiated with numerous interested
parties. Specifically, starting the application and
selection process for commissioners four and one-half
months earlier would give future commissions more time to
hire staff and consultants in an open, public process. The
Commission would also have more time to conduct additional
public education and outreach. SB 1096 also addresses many
procedural issues such as noticing requirements for
meetings that will assist future commissions' ability to
complete their mission.
POSITIONS
Sponsor: Author
Support: California Common Cause
California Forward
League of Women Voters of California
Oppose: None received
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