BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON GOVERNANCE AND FINANCE
                         Senator Robert M. Hertzberg, Chair
                                2015 - 2016  Regular 

                              
          
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          |Bill No:  |SB 958                           |Hearing    |4/20/16  |
          |          |                                 |Date:      |         |
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          |Author:   |Lara                             |Tax Levy:  |No       |
          |----------+---------------------------------+-----------+---------|
          |Version:  |2/8/16                           |Fiscal:    |Yes      |
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          |Consultant|Weinberger                                            |
          |:         |                                                      |
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                County of Los Angeles Citizens Redistricting Commission



          Creates a citizens redistricting commission to adjust the Los  
          Angeles County Board of Supervisors' district boundaries after  
          each decennial federal census.


           Background 

           State law requires the board of supervisors of each county,  
          following each decennial federal census, and using that census  
          as a basis, to adjust the boundaries of any or all of the  
          supervisorial districts of the county so that the districts are  
          as nearly equal in populations possible be and comply with the  
          applicable provisions of the federal Voting Rights Act (VRA), as  
          amended.  A board of supervisors, when adjusting the boundaries  
          of supervisorial districts, may give consideration to:  
          topography, geography, communities of interests, and  
          cohesiveness, contiguity, integrity, and compactness of  
          territory.

          A board of supervisors must hold at least one public hearing on  
          any proposal to adjust the boundaries of a supervisorial  
          district before the public hearing at which the board votes to  
          approve or defeat the proposal.

          In 2008, California voters approved Proposition 11 which amended  
          the California Constitution to transfer the power to redraw  







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          electoral district boundaries for seats in the state legislature  
          to an independent 14-member citizen's redistricting commission.

          State law allows a county board of supervisors, following a  
          decennial federal census, to appoint an advisory committee,  
          comprised of county residents, to study and make recommendations  
          on changes to supervisorial boundaries (SB 407, Bradley, 1970).   
          However, because the California Constitution specifically says  
          that "Charter counties are subject to statutes that relate to  
          apportioning population of governing body districts," charter  
          counties can't create citizens redistricting commissions to  
          redraw supervisorial districts unless state law is amended to  
          specifically authorize them to do so.  

          In 2012, at the request of San Diego County officials, the  
          Legislature passed a bill to establish a redistricting  
          commission in San Diego County and charge it with adjusting the  
          boundaries of supervisorial districts after each decennial  
          federal census (SB 1331, Kehoe, 2012). The San Diego County  
          redistricting commission is comprised of five former or retired  
          state or federal judges who are residents and voters in the  
          county. The commission members are picked from among qualified  
          applicants through a random drawing.

          Some elected officials want the Legislature to enact similar  
          legislation to create a citizens redistricting commission to  
          redraw Los Angeles County's supervisorial districts after each  
          decennial federal census.


           Proposed Law

            Redistricting commission formation  . Senate Bill 958 establishes,  
          in the County of Los Angeles, a Citizens Redistricting  
          Commission, which must adjust the boundary lines of the  
          supervisorial districts of the board following a decennial  
          federal census.

          SB 958 requires that the 14-member commission must be created no  
          later than December 31st  in 2020, and in each year ending in  
          the number zero thereafter.  SB 958 requires that the political  
          party preferences of the commission members, as shown on the  
          members' most recent affidavits of registration, must be as  
          proportional as possible to the total number of voters who are  








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          registered with each political party in the County of Los  
          Angeles, as determined by registration at the most recent  
          statewide election.  The bill requires at least one commission  
          member to reside in each of the eight service planning areas in  
          the County of Los Angeles.

           Redistricting commission members  .  Senate Bill 958 requires each  
          commission member to:
                 Be a Los Angeles County resident.

                 Be a registered voter in Los Angeles County who has not  
               changed political party affiliation for five or more years  
               immediately preceding the date of being appointed to the  
               commission.

                 Have voted in at least one of the last three statewide  
               elections immediately preceding applying to be a member of  
               the commission.

                 Possess experience that demonstrates analytical skills  
               relevant to the redistricting process and voting rights,  
               and possess an ability to comprehend and apply the  
               applicable state and federal legal requirements.

                 Possess experience that demonstrates an ability to be  
               impartial.

                 Possess experience that demonstrates an appreciation for  
               the diverse demographics and geography of the County of Los  
               Angeles.

          SB 958 prohibits each person who applies to serve on the  
          commission, and any immediate family member of an applicant,  
          from having done any of the following within 10 years before  
          applying to serve on the commission:
                 Being appointed to, elected to, or having been a  
               candidate for office at the local, state, or federal level  
               representing the County of Los Angeles, including as a  
               member of the board.

                 Serving as an employee of, or paid consultant for, an  
               elected representative at the local, state, or federal  
               level representing the County of Los Angeles.









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                 Serving as an employee of, or paid consultant for, a  
               candidate for office at the local, state, or federal level  
               representing the County of Los Angeles.

                 Serving as an officer, employee, or paid consultant of a  
               political party or as an appointed member of a political  
               party central committee.

                 Being a registered state or local lobbyist.

           Commission application and selection process  . Senate Bill 958  
          allows an interested person who meets the bill's specified  
          qualifications to submit an application to the county elections  
          official to be considered for membership on the commission. 

          SB 958 requires that the county elections official must:
                 Review the applications and eliminate applicants who do  
               not meet the specified qualifications.

                 Select 60 of the most qualified applicants from the pool  
               of qualified applicants, taking into account the  
               requirements specified in the bill.

                 Make public the names of the 60 most qualified  
               applicants for at least 30 days.

                 Not communicate with a member of the board of  
               supervisors, or an agent for a member of the board, about  
               any matter related to the nomination process or applicants  
               prior to the publication of the list of the 60 most  
               qualified applicants.

          The bill allows the county elections official, during the  
          minimum 30 day period during which the names are public, to  
          eliminate any of the previously selected applicants if the  
          official becomes aware that the applicant does not meet  
          specified qualifications.

          SB 958 requires the county elections official to create a  
          subpool of applicants for each of the eight service planning  
          areas in the County of Los Angeles.

          SB 958 requires that the county auditor-controller, at a  
          regularly scheduled meeting of the board of supervisors, must  








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          conduct a random drawing to select one commissioner from each of  
          the eight subpools established by the county elections official.  
           The eight selected commissioners must review the remaining  
          names in the subpools of applicants and must appoint six  
          additional applicants to the commission, who must be chosen  
          based on relevant experience, analytical skills, and ability to  
          be impartial, and to ensure that the commission reflects the  
          county's diversity, including racial, ethnic, geographic, and  
          gender diversity. The bill requires the eight commissioners to  
          also consider political party preference, selecting applicants  
          so that the political party preference of the members of the  
          commission are as proportional as possible to that of the  
          registered voters in the county.  The bill prohibits formulas or  
          specific ratios from being applied for this purpose.

          SB 958 declares that selection process is designed to produce a  
          commission that is independent from the influence of the board  
          and reasonably representative of the county's diversity.

           Commission responsibilities  .  Senate Bill 958 requires a  
          commission member to apply the bill's provisions in a manner  
          that is impartial and that reinforces public confidence in the  
          integrity of the redistricting process.  SB 958 directs that  
          each commission member's term expires upon the appointment of  
          the first member of a succeeding commission.  The bill specifies  
          that nine members of the commission constitutes a quorum and  
          that nine or more affirmative votes are required for any  
          official action.

          The bill prohibits the commission from retaining a consultant,  
          as defined, who would not be qualified as an applicant pursuant  
          to specified requirements enacted by the bill.

          SB 958 requires the commission to establish single-member  
          supervisorial districts for the board pursuant to a mapping  
          process using the following criteria as set forth in the  
          following order of priority:
                 Districts must comply with the United States  
               Constitution and each district must have reasonably equal  
               population with other districts for the board, except where  
               deviation is required to comply with the federal Voting  
               Rights Act or allowable by law.

                 Districts must comply with the federal Voting Rights  








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               Act.

                 Districts must be geographically contiguous.

                 The geographic integrity of any city, county, city and  
               county, local neighborhood, or local community of interest,  
               as defined in the bill, must be respected in a manner that  
               minimizes their division to the extent possible without  
               violating other specified criteria.

                 To the extent practicable, and where it does not  
               conflict with other specified criteria, districts must be  
               drawn to encourage geographical compactness such that  
               nearby areas of population are not bypassed for more  
               distant population.

          SB 958 prohibits the commission from:
                 Considering the place of residence of any incumbent or  
               political candidate in the creation of a map.  

                 Drawing districts for the purpose of favoring or  
               discriminating against an incumbent, political candidate,  
               or political party.

          SB 958 requires that before the commission draws a map, it must  
          conduct at least seven public hearings, to take place over a  
          period of no fewer than thirty days, with at least one public  
          hearing held in each supervisorial district.  The bill requires  
          the commission to establish and make available to the public a  
          calendar of specified public hearings and requires all  
          commission meetings to comply with the Ralph M. Brown Act's open  
          government requirements.

          After the commission draws a draft map, the commission must:
                 Post the map for public comment on the Internet Web site  
               of the County of Los Angeles.

                 Conduct at least two public hearings to take place over  
               a period of at least 30 days.

          The bill contains numerous additional provisions governing the  
          manner in which the commission must fulfill its  
          responsibilities, including provisions relating to:
                 Agendas for commission meetings.








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                 Live translation of commission hearings.

                 Encouraging county residents to participate in the  
               redistricting public review process.

                 Public access to a computerized database, redistricting  
               data, and computer software.

                 Preserving specified commission records and data as  
               public records.

           Redistricting plan  .  Senate Bill 958 requires the commission to  
          adopt a redistricting plan adjusting the boundaries of the  
          supervisorial districts and to file the plan with the county  
          elections official before August 15 of the year following the  
          year in which each decennial federal census is taken.  The bill  
          requires that:
                 The plan must be effective 30 days after it is filed  
               with the county elections official.

                 The plan must be subject to referendum in the same  
               manner as ordinances.

                 The commission must issue, with the final map, a report  
               that explains the basis on which the commission made its  
               decisions in achieving compliance with the specified  
               criteria.




           State Revenue Impact

           No estimate.


           


          Comments

           1.   Purpose of the bill  .  Senate Bill 958 seeks to align the Los  
          Angeles County Board of Supervisors' redistricting policy with  








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          the statewide movement toward independent redistricting.  SB 958  
          builds upon the precedent set by SB 1331 (Kehoe), which created  
          an independent redistricting commission to draw San Diego  
          County's supervisorial district boundaries.  The bill  
          establishes a commission with a structure and selection process  
          that are nearly identical to those used by the successful  
          statewide citizens redistricting commission that was established  
          when California voters approved Proposition 11 in November,  
          2008.  By empowering a 14-member body to redraw supervisors'  
          districts, instead of allowing the five county supervisors to  
          draw the lines themselves, SB 958 will allow a broader range of  
          perspectives and voices to determine the boundaries' shape.   
          This will help ensure that supervisorial boundaries will reflect  
          Los Angeles County's broad demographic and regional diversity.   
          Because boundaries drawn by an independent citizen's commission  
          are not likely to be drawn in a manner that specifically favors  
          incumbent supervisors, the resulting districts will likely  
          generate more competitive elections for seats on the board.   
          More competitive elections, in turn, benefit all Los Angeles  
          County residents by increasing the incentives for county  
          supervisors to be attentive and responsive to their  
          constituents.

          2.   State interests vs. home rule  .  Unlike SB 1330, which was  
          sponsored by San Diego County and reflected recommendations for  
          a redistricting commission that had been developed locally, SB  
          958 does not reflect any particular local public discussion or  
          consensus about a Los Angeles redistricting commission.   
          Counties adopt voter-approved charters to gain more local  
          control over their governance structure.  If SB 958 is enacted,  
          any subsequent changes that Los Angeles County residents want to  
          make to the citizens redistricting commission will require the  
          Legislature's approval.  To be more consistent with the  
          home-rule purpose of county charters, the Committee may wish to  
          consider amending SB 958 to provide a greater role for Los  
          Angeles residents in determining the structure and functions of  
          the county's citizens redistricting commission.  For example,  
          the bill could be amended to require the Board of Supervisors to  
          establish the commission subject to a set of minimum statutory  
          requirements, while allowing the board to exercise discretion  
          over how the commission should be structured and operate to best  
          reflect local priorities and values.

          3.   Political Reform Act  .  SB 958 requires that anyone applying  








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          to be a member of the citizens redistricting commission must  
          comply with numerous requirements and prohibitions.  These  
          provisions are intended to provide some confidence that the  
          applicant will make truly independent decisions if selected to  
          serve on the commission.  However, the bill does not  
          specifically require that members of the commission must be  
          subject to any of the Political Reform Act's reporting  
          provisions, which require many other state and local government  
          officials to publicly disclose income, loans, gifts, and other  
          activities that could potentially influence decisions they make  
          as public officials.  To provide greater confidence that  
          redistricting commission members won't be influenced by gifts or  
          other benefits they receive while serving on a commission, the  
          Committee may wish to consider amending SB 958 to make  
          commission members subject to the Political Reform Act's  
          reporting requirements.

          4.   Clarification  .  SB 958 requires that commission members must  
          be selected so that the party preferences of the commission's  
          members "are as proportional as possible to that of the  
          registered voters in the county."  The bill also says that  
          "formulas or specific ratios shall not be applied for this  
          purpose."  It's unclear how to determine whether the party  
          preferences of commission members are "as proportional as  
          possible" to party preferences among voter without applying any  
          "specific ratios."  This language is intended to ensure that the  
          composition of the commission cannot be challenged on the basis  
          that the percent of the commission's members representing a  
          particular party registration does not precisely match the  
          percentage of county voters registered with that party.  For  
          example, although voters who decline to state a party preference  
          account for 24.77% of registered voters in Los Angeles County,  
          the commission's membership could include either three  
          decline-to-state members (representing 21.43% of the  
          commission's membership) or four decline-to-state members  
          (accounting for 28.57% of the commission's membership).    The  
          Committee may wish to consider amending the bill to clarify that  
          the party preferences of the commission's members must be as  
          proportional as possible to voters' party preferences, but that  
          the bill does not require any of the party registration  
          proportions on the committee to be exactly the same as the  
          proportions among registered voters. 

          5.   Mandate  .  The California Constitution requires the state to  








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          reimburse local governments for the costs of new or expanded  
          state mandated local programs. Because SB 958 imposes new duties  
          on Los Angeles County government officials, Legislative Counsel  
          says that it imposes a new state mandate.  The state was able to  
          disclaim responsibility for reimbursing local costs associated  
          with the redistricting commission established by SB 1331 (Kehoe,  
          2012) because that legislation was requested by San Diego County  
          officials.  However, because Los Angeles County officials are  
          not requesting SB 958's enactment, the bill requires the state  
          to reimburse local agencies if the Commission on State Mandates  
          determines that the bill imposes a reimbursable mandate.

          6.   Special legislation  .  The California Constitution prohibits  
          special legislation when a general law can apply (Article IV,  
          §16).  Senate Bill 958 contains findings and declarations  
          explaining the need for legislation that applies only to Los  
          Angeles County.

          7.   Related legislation  .  SB 1108 (Allen), which will also be  
          heard at the Senate Governance & Finance Committee's April 20  
          hearing, would allow any city or county to establish a  
          commission to change the boundaries of county supervisors' or  
          city council members' electoral districts after a federal  
          census.  


           Support and  
          Opposition   (4/14/16)


           Support  :  Unknown.


           Opposition  :  Unknown.



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