BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1331| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 1331 Author: Kehoe (D) Amended: As introduced Vote: 21 SENATE ELECTIONS & CONST. AMDMTS. COMM. : 5-0, 4/19/12 AYES: Correa, La Malfa, De León, Gaines, Lieu SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 SUBJECT : San Diego County: independent redistricting commission SOURCE : San Diego County Board of Supervisors DIGEST : This bill establishes the Independent Redistricting Commission in San Diego County. It requires the clerk of the San Diego County Board of Supervisors to select, at random, the members of the Commission from persons interested in, and qualified to serve on, the Commission. It requires the County to provide reasonable staffing and logistical support to the Commission. It requires the Commission to hold at least seven public hearings, and requires the Commission to adjust the boundaries of the supervisorial boundaries of the county, as specified. It requires the Commission to adopt a redistricting plan, as specified, and provides that the plan become effective 30 days following submission to the clerk of the Board. This bill subjects the plan to referendum. CONTINUED SB 1331 Page 2 ANALYSIS : Existing law requires the board of supervisors of each county, following each decennial federal census, to adjust the boundaries of the supervisorial districts so that the districts are as nearly equal in population as possible and in compliance with the federal Voting Rights Act. In establishing the boundaries of the districts the board may give consideration to the following factors: (1) topography, (2) geography, (3) cohesiveness, contiguity, integrity, and compactness of territory, and (4) communities of interest. This bill instead establishes, for San Diego County only, a five-member Independent Redistricting Commission to adjust San Diego County's supervisorial districts and requires the County to provide reasonable staffing and logistical support to the Commission. This bill provides that any interested person that meets the following qualifications may submit his/her name to the clerk of the Board to be included in a random drawing to determine the five Commission members and two alternates. The qualifications are as follows: (1) be a former or retired state or federal judge, (2) be a resident of San Diego County, (3) be a registered voter of San Diego County, and (4) not be a current member of the Board. This bill requires the Commission to adjust the supervisorial district boundaries after each decennial federal census so that the districts are equal, or nearly equal in population and so that they comply with any applicable provisions of the federal Voting Rights Act, as amended. The Commission may consider all of the following factors in establishing the boundaries of the supervisorial districts: (1) topography, (2) geography, (3) cohesiveness, contiguity, integrity, and compactness of territory, and (4) community of interests in each district. This bill requires the Board to provide for reasonable staffing and logistical support for the commission and provides that the commission shall be subject to the Ralph M. Brown Act (the open meeting law) and shall conduct at least seven public hearings with at least one public hearing held in each supervisorial district. The CONTINUED SB 1331 Page 3 Commission must adopt a redistricting plan adjusting the boundaries prior to the first day of October of the year following the year in which each decennial federal census is taken and the plan shall be subject to referendum in the same manner as ordinances. Background City of San Diego Redistricting Commission . The council districts for the City of San Diego are already adjusted by a commission rather that the city council. Pursuant to the San Diego City Charter, the San Diego Redistricting Commission is composed of seven members appointed by the Presiding Judge of the Municipal Court, San Diego Judicial District. The Presiding Judge must appoint women and men who will give the Redistricting Commission geographic, social and ethnic diversity, and who have a high degree of competency to carry out the responsibilities of the Commission. The appointees must include individuals with a demonstrated capacity to serve with impartiality in a nonpartisan role and must be registered to vote in The City of San Diego. Persons who accept appointment to the Commission, at the time of their appointment, must file a written declaration with the City Clerk stating that within five years of the Commission's adoption of a final redistricting plan, they will not seek election to a San Diego City public office. The districts must be contiguous and as equal in population and as geographically compact as possible. The districts must also, as far as possible, be bounded by natural boundaries, by street lines and/or by city boundary lines. Comments According to the author's office, redistricting is the process of redrawing, or adjusting, electoral district boundaries following the decennial federal census to account for population shifts and growth during the previous decade. The next redistricting of San Diego County supervisorial districts will occur following the census in 2020. Currently, California Elections Code §§ 21500 and 21501 require the San Diego County Board of Supervisors (Board) to redistrict the County's supervisorial districts. California Constitution Article CONTINUED SB 1331 Page 4 XI § 4 states that county charters are subject to state statutes relating to redistricting. The Board voted on January 24, 2012, to seek changes in state law necessary to create an independent redistricting commission comprised of retired judges. This bill creates the independent commission and shifts the authority for redistricting San Diego County's supervisorial districts from the Board to the independent commission. Changes to the San Diego County Charter would conform the Charter to state law, facilitating implementation and operation of the independent commission. Because the Elections Code controls and limits the redistricting process, the Board cannot reformulate its redistricting process unless the Legislature changes the Elections Code to provide for an Independent Redistricting Commission in San Diego County. Moreover, because San Diego County voters must approve of any charter changes, the state must initiate action on this matter so that voters will know all the relevant statutory changes that will influence conforming amendments to the county charter. Throughout the 2011 redistricting process, residents of San Diego County expressed support for an independent redistricting commission. On December 6, 2011, the Board approved its 2012 Legislative Program, which included a State Sponsorship Proposal to, "Seek a change in state law that would permit San Diego County to establish an independent panel of retired judges to conduct redistricting for the County of San Diego supervisorial districts." The Board will not seek mandate reimbursement to implement the terms of this bill when the changes are confirmed through voter approval of conforming amendments to the County charter. This District bill will only affect the drawing of district maps for San Diego County supervisorial districts. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT : (Verified 5/3/12) San Diego County Board of Supervisors (source) CONTINUED SB 1331 Page 5 California State Association of Counties Latino American Political Association of San Diego Urban Counties Caucus DLW:mw 5/7/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED