BILL ANALYSIS Ó SB 1331 Page 1 SENATE THIRD READING SB 1331 (Kehoe) As Introduced February 23, 2012 Majority vote SENATE VOTE :32-3 ELECTIONS 5-1 APPROPRIATIONS 12-5 ----------------------------------------------------------------- |Ayes:|Fong, Bonilla, Hall, |Ayes:|Fuentes, Blumenfield, | | |Mendoza, Swanson | |Bradford, Charles | | | | |Calderon, Campos, Davis, | | | | |Gatto, Hall, Hill, Lara, | | | | |Mitchell, Solorio | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Donnelly |Nays:|Harkey, Donnelly, | | | | |Nielsen, Norby, Wagner | | | | | | ----------------------------------------------------------------- SUMMARY : Establishes a redistricting commission in San Diego County to adjust the boundaries of supervisorial districts after each decennial federal census. Specifically, this bill : 1)Provides for the creation of a redistricting commission in San Diego County. Requires the commission to be comprised of five members and two alternates. Makes current members of the county board of supervisors ineligible to serve on the commission, and requires every member and alternate to be a resident of and registered voter in San Diego County and a former or retired state or federal judge. 2)Permits any person who meets the qualifications to serve on the commission to submit his or her name to the clerk of the board of supervisors of San Diego County to be included in a random drawing to select the members and alternates to the commission. Permits the presiding judge of the San Diego County Superior Court to assist the clerk of the board of supervisors in San Diego County in identifying former or retired judges that may be qualified to be included in the drawing. 3)Requires the redistricting commission to adjust the SB 1331 Page 2 supervisorial district boundaries after each decennial federal census. Requires that the boundaries be adjusted so that the resulting supervisorial districts are equal or nearly equal in population, and comply with any applicable provisions of Section 2 of the federal Voting Rights Act. 4)Permits the redistricting commission to consider the following factors when establishing boundaries of supervisorial districts: topography; geography; cohesiveness, contiguity, integrity, and compactness of territory; and, communities of interests. 5)Requires the board of supervisors of San Diego County to provide for reasonable staffing and logistical support for the commission. 6)Makes the redistricting commission subject to the Ralph M. Brown Act (the state's open meetings law) and requires the commission to conduct at least seven public hearings with at least one public hearing held in each supervisorial district. 7)Requires the redistricting commission to adopt a redistricting plan adjusting the boundaries of supervisorial districts and to file the plan with the clerk of the board of supervisors prior to the first day of October of the year following the year in which each decennial federal census is taken. Provides that the plan is effective 30 days after it is filed with the clerk. Provides that the plan is subject to referendum in the same manner as ordinances. EXISTING LAW provides that counties that have adopted charters are subject to statutes that relate to apportioning population of governing body districts. FISCAL EFFECT : According to the Assembly Appropriations Committee, any costs to the county will not be state-reimbursable, because the county has requested and is sponsoring this legislation. COMMENTS : According to the author, "SB 1331 promotes a specific redistricting reform solution supported by elected officials, Latino voter advocacy groups, and others from San Diego County. The San Diego County Board of Supervisors (the County Board) voted on January 24, 2012 to seek changes in state law necessary SB 1331 Page 3 to create an independent redistricting commission comprised of retired judges. SB 1331 creates the independent commission and shifts the authority for redistricting San Diego County's supervisorial districts from the County 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." A number of California cities have established redistricting commissions to adjust city council districts following each decennial census. Charter cities are able to establish such commissions because the state Constitution gives charter cities broad authority over the conduct of city elections and over the manner in which, method by which, times at which, and terms for which municipal officers are elected. Charter counties, on the other hand, are not granted the same level of authority over the conduct of county elections, and in fact, the state Constitution explicitly provides that "Ýc]harter counties are subject to statutes that relate to apportioning population of governing body districts." Because existing law does not permit San Diego County to establish a redistricting commission without statutory authorization, the San Diego County Board of Supervisors has sponsored this bill requesting authorization for the county to create such a commission. This bill goes beyond simply providing such authorization to San Diego County, however, as it imposes a number of conditions on the formation and composition of any commission that the county establishes. Because of the conditions that this bill creates for any San Diego County redistricting commission, subsequent legislation would be required for any change that the voters of San Diego County wished to make to the structure of the redistricting commission. Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094 FN: 0004644 SB 1331 Page 4