BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 958|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   THIRD READING 


          Bill No:  SB 958
          Author:   Lara (D) and Hall (D)
          Amended:  4/26/16  
          Vote:     21 

           SENATE ELECTIONS & C.A. COMMITTEE:  4-1, 4/5/16
           AYES:  Allen, Hancock, Hertzberg, Liu
           NOES:  Anderson

           SENATE GOVERNANCE & FIN. COMMITTEE:  5-2, 4/20/16
           AYES:  Hertzberg, Beall, Hernandez, Lara, Pavley
           NOES:  Nguyen, Moorlach

           SENATE APPROPRIATIONS COMMITTEE:  5-2, 5/27/16
           AYES: Lara, Beall, Hill, McGuire, Mendoza
           NOES: Bates, Nielsen
           
           SUBJECT:   County of Los Angeles Citizens Redistricting  
                     Commission


          SOURCE:    Author
          
          DIGEST:  This bill establishes a 14-member Citizens  
          Redistricting Commission (commission) in the County of Los  
          Angeles, which is charged with adjusting the boundary lines of  
          the districts of the Board of Supervisors (board) in accordance  
          with specified criteria.


          ANALYSIS:  










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          Existing law:


           1) 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 as may be and comply with  
             the applicable provisions of Section 2 of the federal Voting  
             Rights Act (VRA), as amended.  


           2) Permits a board of supervisors, when adjusting the  
             boundaries of supervisorial districts, to give consideration  
             to the following factors:


              a)    Topography;
              b)    Geography;
              c)    Cohesiveness, contiguity, integrity, and compactness  
                of territory; and,
              d)    Communities of interests in the districts.


           3) Requires a board of supervisors to hold at least one public  
             hearing on any proposal to adjust the boundaries of a  
             supervisorial district prior to the public hearing at which  
             the board votes to approve or defeat the proposal.


           4) Provides, pursuant to the California Constitution, that  
             charter counties are subject to state statutes that relate to  
             redistricting seats of the counties' boards of supervisors.


           5) Permits a county board of supervisors to appoint a committee  
             composed of residents of the county to study the matter of  
             changing the boundaries of the supervisorial districts but  
             provides that the recommendations of the committee are  
             advisory only unless otherwise permitted by state law.


           6) Establishes a redistricting commission in San Diego County  
             and charges it with adjusting the boundaries of supervisorial  







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             districts after each decennial federal census.  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.


          This bill:


           1) Establishes a 14-member commission in the County of Los  
             Angeles, which would be charged with adjusting the boundary  
             lines of the districts of the board in accordance with  
             specified criteria in the year following the year in which  
             the decennial federal census is taken.


           2) Requires that the commission be created no later than  
             December 31, 2020, and in each year ending in the number zero  
             thereafter.


           3) States that the 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.


           4) Requires that the political party preferences of the  
             commission members, as shown on the members' most recent  
             affidavits of registration, shall be as proportional as  
             possible to the total number of voters who are registered  
             with each political party in the County of Los Angeles, as  
             determined by registration at the most recent statewide  
             election and that at least one commission member shall reside  
             in each of the eight service planning areas in the County of  
             Los Angeles. However, the political party preferences of the  
             commission members are not required to be exactly the same as  
             the proportion of political party preferences among the  
             registered voters of the county.


           5) Provides that each commission member shall meet all of the  
             following qualifications:







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              a)    Be a resident of the County of Los Angeles.

              b)    Be a voter who has been continuously registered in the  
                County of Los Angeles with the same political party or  
                unaffiliated with a political party and who has not  
                changed political party affiliation for five or more years  
                immediately preceding the date of his or her appointment  
                to the commission.

              c)    Has voted in at least one of the last three statewide  
                elections immediately preceding his or her application to  
                be a member of the commission.

              d)    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.

              e)    Possess experience that demonstrates an ability to be  
                impartial.

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


           1) Provides that within the 10 years immediately preceding the  
             date of application to the commission, neither the applicant,  
             nor an immediate family member of the applicant, may have  
             done any of the following:


              a)    Been appointed to, elected to, or have 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.

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

              c)    Served as an employee of, or paid consultant for, a  







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                candidate for office at the local, state, or federal level  
                representing the County of Los Angeles.

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

              e)    Been a registered state or local lobbyist.


           1) Provides that an interested person meeting the  
             aforementioned qualifications may submit an application to  
             the county elections official to be considered for membership  
             on the commission. 


           2) Requires the county elections official to review the  
             applications and eliminate applicants who do not meet the  
             specified qualifications.  The county elections official must  
             then select 60 of the most qualified applicants, taking into  
             account the relevant requirements, and make public their  
             names for at least 30 days.  The county elections official  
             may 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.  During this period the county elections official  
             may eliminate any of the previously selected applicants if  
             the official becomes aware that the applicant does not meet  
             the qualifications.  The county elections official must then  
             create a subpool for each of the eight service planning areas  
             in the County of Los Angeles.


           3) Requires, at a regularly scheduled meeting of the board, the  
             Auditor-Controller of the County of Los Angeles shall conduct  
             a random drawing to select one commissioner from each of the  
             eight subpools established by the county elections official.


           4) Requires the eight selected commissioners to review the  
             remaining names in the subpools of applicants and to appoint  
             six additional applicants to the commission.  The six  
             appointees shall be chosen based on relevant experience,  







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             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 eight commissioners shall 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. 


           5) Requires that each commission member shall be a designated  
             employee for purposes of the conflict of interest code  
             adopted by the County of Los Angeles pursuant to the  
             Political Reform Act.


           6) Provides that the term of office of each member of the  
             commission expires upon the appointment of the first member  
             of the succeeding commission.


           7) Provides that nine members of the commission shall  
             constitute a quorum and that nine or more affirmative votes  
             is required for any official action.


           8) Provides that the commission shall not retain a consultant  
             who would not be qualified as a commission applicant.  For  
             this purpose, "consultant" means a person, whether or not  
             compensated, retained to advise the commission or a member  
             thereof regarding any aspect of the redistricting process.


           9) 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:


              a)    Districts shall comply with the United States  
                Constitution and each district shall have reasonably equal  
                population with other districts for the board, except  
                where deviation is required to comply with the federal VRA  
                or allowable by law.







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              b)    Districts shall comply with the federal VRA.

              c)    Districts shall be geographically contiguous.

              d)    The geographic integrity of any city, county, city and  
                county, local neighborhood, or local community of interest  
                shall be respected in a manner that minimizes their  
                division to the extent possible without violating the  
                above requirements.  

              e)    To the extent practicable, and where this does not  
                conflict with the aforementioned criteria, districts shall  
                be drawn to encourage geographical compactness such that  
                nearby areas of population are not bypassed for more  
                distant population.


           1) Provides that the place of residence of any incumbent or  
             political candidate shall not be considered in the creation  
             of a map and that districts shall not be drawn for the  
             purpose of favoring or discriminating against an incumbent,  
             political candidate, or political party.


           2) Requires the commission to comply with the Ralph M. Brown  
             Act.


           3) Provides that, before the commission draws a draft map, the  
             commission shall 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 and that after the commission draws a draft map, the  
             commission shall do both of the following: 


              a)    Post the map for public comment on the Internet Web  
                site of the County of Los Angeles.

              b)    Conduct at least two public hearings to take place  
                over a period of no fewer than thirty days.









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           1) Requires the commission to establish and make available to  
             the public a calendar of all public hearings and to post the  
             agenda for the public hearings and the draft map at least  
             seven days before the hearings.


           2) Requires that the commission shall arrange for the live  
             translation of their hearings in an applicable language if a  
             request for translation is made at least 24 hours before the  
             hearing.  An "applicable language" means a language for which  
             the number of residents of the County of Los Angeles who are  
             members of a language minority is greater than or equal to 3  
             percent of the total voting age residents of the county.


           3) Provides that the commission shall take steps to encourage  
             county residents to participate in the redistricting public  
             review process.  These steps may include:


              a)    Providing information through media, social media, and  
                public service announcements.

              b)    Coordinating with community organizations.

              c)    Posting information on the Internet Web site of the  
                County of Los Angeles that explains the redistricting  
                process and includes a notice of each public hearing and  
                the procedures for testifying during a hearing or  
                submitting written testimony directly to the commission.  


           1) Requires the board of supervisors to 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 to the public ready access to  
             redistricting data and computer software equivalent to what  
             is available to the commission members.


           2) Deems that all records of the commission relating to  
             redistricting, and all data considered by the commission in  
             drawing a draft map or the final map, are public records.








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           3) Requires the commission to adopt a redistricting plan and to  
             file the plan with the county elections official prior to  
             August 15 of the year following the year in which each  
             decennial federal census is taken.  The plan shall be  
             effective 30 days after it is filed with the county elections  
             official and shall be subject to referendum in the same  
             manner as ordinances.


           4) Requires the commission to issue, with the final map, a  
             report that explains the basis on which the commission made  
             its decisions in achieving compliance with the criteria  
             described above.


           5) Defines "immediate family member" for the purposes of this  
             bill as a spouse, child, in-law, parent, or sibling.


           6) Defines "community of interest" as a contiguous population  
             which shares common social and economic interests that should  
             be included within a single district for purposes of its  
             effective and fair representation. Communities of interest  
             shall not include relationships with political parties,  
             incumbents, or political candidates.




          Background


          California Counties Must Follow State Law Governing  
          Redistricting.  A number of California cities have established  
          redistricting commissions to adjust city council districts  
          following each decennial census.  In some cities, these  
          commissions are advisory, and only make recommendations to the  
          city council, but in other cities, the redistricting commission  
          has the authority to adopt a redistricting plan independent of  
          the city council.  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  







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          which municipal officers are elected.


          General law cities and all counties, on the other hand, are not  
          granted the same level of authority over the conduct of their  
          elections, and in fact, the state Constitution explicitly  
          provides that "[c]harter counties are subject to statutes that  
          relate to apportioning population of governing body districts."   
          In light of this provision of the state Constitution, charter  
          counties are unable to provide for the creation of a  
          redistricting commission through an amendment to the county  
          charter unless statutory authority is provided to allow a county  
          to have such a commission. 


          The San Diego County Commission.   SB 1331 (Kehoe, Chapter 508  
          Statues of 2012), established an independent redistricting  
          commission in San Diego County to adjust the boundaries of  
          supervisorial districts after each decennial federal census.   
          The bill was requested by the San Diego County Board of  
          Supervisors who sought the change in state law necessary to  
          create a commission comprised of retired judges.  As mentioned  
          above, because the Elections Code controls and limits the  
          redistricting process, the County Board could not reformulate  
          its redistricting process unless the Legislature changed the  
          code.  Furthermore, because the county board requested the bill,  
          the state was not subject to a reimbursable local mandate.


          California Citizens Redistricting Commission.  Proposition 11,  
          which was approved by the voters at the 2008 Statewide General  
          Election, created the Citizens Redistricting Commission (CRC),  
          and gave it the responsibility for establishing district lines  
          for the Assembly, Senate, and Board of Equalization.   
          Proposition 11 also modified the criteria to be used when  
          drawing district lines.  Proposition 20, which was approved by  
          the voters at the 2010 Statewide General Election, gave the CRC  
          the responsibility for establishing lines for California's  
          congressional districts, and made other changes to the  
          procedures and criteria to be used by the CRC.  The CRC consists  
          of 14 registered voters, including five Democrats, five  
          Republicans, and four others, all of whom are chosen according  
          to procedures specified in Proposition 11. 








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          Comments


          1)According to the author, SB 958 is a good government proposal  
            for the citizens of Los Angeles County.  This bill seeks to  
            align the Los Angeles County Board of Supervisors'  
            redistricting policy with the statewide movement toward  
            independent redistricting.  San Diego, the second most  
            populous county in California, established an independent  
            redistricting commission for its Board therefore it is  
            possible for the largest county in California, Los Angeles, to  
            maximize public participation for its 10 million residents.


            SB 958 requires district lines to be drawn by bipartisan  
            groups and diverse representatives of the county.  As Los  
            Angeles is one of the most geographically and ethnically  
            diverse counties in the state it is vital that the Board  
            reflects its regional diversity.  SB 958 will also help to  
            maintain communities of interests, to ensure groups with  
            similar socioeconomic interests are not negatively impacted by  
            redistricting.  For the purposes of fair representation, the  
            political party preferences of the 14 commission members, as  
            shown on the members' most recent registration affidavits,  
            will be proportional to the total number of registered voters.  



            Election districts drawn by citizens can increase the  
            supervisors' responsiveness to constituents.  By requiring an  
            independent body to draw the Board's district lines, elections  
            would become more competitive, thereby increasing  
            accountability to Los Angeles citizens.  Government entities  
            need to remain accountable to the public and SB 958 can aid in  
            achieving this goal.


            Following each decennial federal census, county supervisorial  
            districts can be redrawn.   In accordance with this law, SB  
            958 provides that the Board's independent redistricting  
            commission would go into effect December 31, 2020.  This  
            provision would allow four years for public deliberation.  The  
            public will also have the opportunity to review redistricting  







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            maps and appointments.  The geographic integrity of any city,  
            county, city and county, local neighborhood, or local  
            community of interest will also be respected.


            The goal of SB 958 is to provide a similar a public process as  
            was provided by the Citizens Redistricting Commission.


          Related/Prior Legislation


          SB 1108 (Allen, 2016) authorizes any county or city to establish  
          a redistricting commission that has the authority to adjust the  
          boundaries of the districts of the board of supervisors or the  
          city council. 


          SB 1331 (Kehoe, Chapter 508 Statues of 2012) established a  
          redistricting commission in San Diego County to adjust the  
          boundaries of supervisorial districts after each decennial  
          federal census.




          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          According to the Senate Appropriations Committee, this bill  
          would likely result in a reimbursable state mandate. Estimated  
          costs to the State are unknown; but could potentially reach the  
          high hundreds of thousands of dollars (General Fund) every ten  
          years. As an upper bound, the statewide Citizens Redistricting  
          Commission incurred costs of $6 million (General Fund) to draw  
          the 2010 decennial boundaries for the State's congressional  
          delegation, State Senate, State Assembly, and the Board of  
                                       Equalization.




          SUPPORT:   (Verified5/27/16)







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          None received


          OPPOSITION:   (Verified5/27/16)


          None received


          Prepared by:Darren Chesin / E. & C.A. / (916) 651-4106
          5/30/16 18:25:27
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