BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 958


                                                                    Page  1





          Date of Hearing:  June 15, 2016 


                  ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING


                                Shirley Weber, Chair


          SB  
          958 (Lara and Hall) - As Amended June 8, 2016


          SENATE VOTE:  26-11


          SUBJECT:  County of Los Angeles Citizens Redistricting  
          Commission.


          SUMMARY:  Establishes a Citizens Redistricting Commission  
          (commission) in Los Angeles County and charges it with adjusting  
          the boundaries of supervisorial districts after each decennial  
          federal census.  Specifically, this bill:  


          1)Provides for the creation of the commission in Los Angeles  
            County, and tasks the commission with adjusting the boundary  
            lines of the County's supervisorial districts in the year  
            following the year in which the decennial federal census is  
            taken.  

          2)Requires the commission to be comprised of 14 members, and to  
            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  









                                                                     SB 958


                                                                    Page  2





            commission that is independent from the influence of the Los  
            Angeles County Board of Supervisors (board) and reasonably  
            representative of the county's diversity.

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

          5)Requires each commission member to meet all of the following  
            qualifications:

             a)   Be a resident of, and a registered voter in, Los Angeles  
               County, who has been continuously registered in the County  
               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;

             b)   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;

             c)   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;

             d)   Possess experience that demonstrates an ability to be  









                                                                     SB 958


                                                                    Page  3





               impartial; and,

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

          6)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, as defined,  
            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 Los Angeles County, including as a member of  
               the board of supervisors; 

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

             c)   Served as an employee of, or paid consultant for, a  
               candidate for office at the local, state, or federal level  
               representing Los Angeles County;

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

             e)   Been a registered state or local lobbyist.

          7)Permits an interested person meeting the qualifications  
            detailed above to submit an application to the county  
            elections official to be considered for membership on the  
            commission.  Requires the county elections official to review  
            the applications and eliminate applicants who do not meet the  
            qualifications detailed above.










                                                                     SB 958


                                                                    Page  4





          8)Requires the county elections official to select 60 of the  
            most qualified applicants, taking into account the relevant  
            requirements, and to make public their names for at least 30  
            days.  Prohibits the county elections official from  
            communicating with a member of the board, or an agent for a  
            member of the board, about any matter related to the  
            nomination process or applicants before the publication of the  
            list of the 60 most qualified applicants.  Permits the  
            elections official, during this period, to eliminate any of  
            the previously selected applicants if the official becomes  
            aware that the applicant does not meet the qualifications.   
            Requires the county elections official to create a subpool for  
            each of the eight SPAs in Los Angeles County.

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

          10)Requires the eight selected commissioners to review the  
            remaining names in the subpools of applicants and to appoint  
            six additional applicants to the commission.  Requires the six  
            appointees to 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, provided  
            that formulas or specific ratios are not applied for this  
            purpose.  Requires the eight commissioners additionally to  
            consider political party preference, and to select applicants  
            so that the political party preferences of the members of the  
            commission are as proportional as possible to the registered  
            voters in the county, as detailed above. 

          11)Requires commission members to apply the requirements of this  
            bill in a manner that is impartial and that reinforces public  
            confidence in the integrity of the redistricting process.










                                                                     SB 958


                                                                    Page  5





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

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

          14)Prohibits the commission from retaining a consultant who  
            would not be qualified as a commission applicant due to any of  
            the disqualifying criteria described above in 6).  Provides,  
            for this purpose, that the term "consultant" means a person,  
            whether or not compensated, retained to advise the commission  
            or a commission member regarding any aspect of the  
            redistricting process.

          15)Requires each commission member to be a designated employee  
            for the purposes of the conflict of interest code adopted by  
            Los Angeles County, as specified, thereby requiring members to  
            file statements of economic interests and to comply with  
            specified state laws regarding conflicts of interests and  
            limits on gifts and honoraria.

          16)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)   Requires districts to comply with the United States  
               Constitution and requires each district to have a  
               reasonably equal population with other districts for the  
               board, except where deviation is required to comply with  
               the federal Voting Rights Act (VRA) or allowable by law;

             b)   Requires districts to comply with the federal VRA;

             c)   Requires districts to be geographically contiguous;









                                                                     SB 958


                                                                    Page  6






             d)   Requires the geographic integrity of any city, local  
               neighborhood, or local community of interest, as defined,  
               to be respected in a manner that minimizes its division to  
               the extent possible without violating the above  
               requirements; and,

             e)   Requires, to the extent practicable, and where this does  
               not conflict with the higher-priority criteria detailed  
               above, districts to be drawn to encourage geographical  
               compactness such that nearby areas of population are not  
               bypassed for more distant areas of population.

          17)Prohibits the place of residence of any incumbent or  
            political candidate from being considered in the creation of a  
            map, and prohibits districts from being drawn for the purpose  
            of favoring or discriminating against an incumbent, political  
            candidate, or political party.

          18)Makes the redistricting commission subject to the Brown Act.

          19)Requires the commission, prior to drawing a draft map, to  
            conduct at least seven public hearings, to take place over a  
            period of no fewer than 30 days, with at least one public  
            hearing held in each supervisorial district.

          20)Requires the commission, after drawing a draft map, to do  
            both of the following:

             a)   Post the map for public comment on Los Angeles County's  
               Internet Web site; and,

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

          21)Requires hearings to be scheduled at various times and days  
            of the week to accommodate a variety of work schedules and to  









                                                                     SB 958


                                                                    Page  7





            reach as large an audience as possible.

          22)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 at least seven days before the  
            hearings.  Requires the agenda for a meeting conducted after  
            the commission has drawn a draft map to include a copy of that  
            map.

          23)Requires the commission to 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.   
            Provides that an "applicable language," for these purposes,  
            means a language for which the number of residents of Los  
            Angeles County who are members of a language minority is  
            greater than or equal to three percent of the total voting age  
            residents of the county.

          24)Requires the commission to take steps to encourage county  
            residents to participate in the redistricting public review  
            process.  Provides that these steps may include the following:

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

             b)   Coordinating with community organizations; and,

             c)   Posting information on Los Angeles County's Internet Web  
               site 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.

          25)Requires the board 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  









                                                                     SB 958


                                                                    Page  8





            software equivalent to what is available to the commission  
            members.

          26)Provides 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.

          27)Requires the commission to adopt a redistricting plan 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.  Provides that the plan is effective  
            30 days after it is filed with the county elections official,  
            and is subject to referendum in the same manner as ordinances.

          28)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.

          29)Prohibits a commission member from doing any of the following  
            for a period of five years beginning from the date of his or  
            her appointment to the commission:

             a)   Holding elective public office at the federal, state,  
               county, or city level in the state;

             b)   Holding an appointive federal, state, or local public  
               office;

             c)   Serving as paid staff for or a paid consultant to, the  
               Board of Equalization, Congress, the Legislature, or any  
               individual legislator; or,

             d)   Registering as a federal, state, or local lobbyist in  
               the state. 

          30)Defines "immediate family member," for the purposes of this  









                                                                     SB 958


                                                                    Page  9





            bill, as a spouse, child, in-law, parent, or sibling.

          31)Defines "community of interest," for the purposes of this  
            bill, as a contiguous population that shares common social and  
            economic interests that should be included within a single  
            district for purposes of its effective and fair  
            representation.  Provides that communities of interest do not  
            include relationships with political parties, incumbents, or  
            political candidates.

          32)Makes findings and declarations that a special law is  
            necessary because of the unique circumstances facing Los  
            Angeles County.
           
          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 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.









                                                                     SB 958


                                                                    Page  10






          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)Permits the board of supervisors of a county to appoint a  
            committee composed of residents of the county to study the  
            matter of changing the boundaries of supervisorial districts,  
            as specified.  Provides that recommendations of the committee  
            are advisory only.

          5)Establishes a procedure for a government of a county to adopt  
            a charter by a majority vote of its electors voting on the  
            question.  Generally provides greater autonomy over county  
            affairs to counties that have adopted charters.  

          6)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 Senate Appropriations Committee  
          analysis, 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.  State-mandated local program;  
          contains reimbursement direction.


          COMMENTS:  











                                                                     SB 958


                                                                    Page  11





          1)Purpose of the Bill:  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.


          2)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 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.


          3)County Redistricting Commissions and Previous Legislation:  As  
            noted above, existing law permits a county to create an  
            advisory redistricting commission (described in state law as a  
            "committee" of residents of the jurisdiction), but state law  
            does not expressly permit local jurisdictions to create  
            commissions that have the authority to establish district  









                                                                     SB 958


                                                                    Page  12





            boundaries.  Instead, the authority to establish district  
            boundaries for a local jurisdiction generally is held by the  
            governing body of that jurisdiction.  Charter cities are able  
            to establish redistricting commissions that have the authority  
            to establish district boundaries 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.  As a result, a number of California  
            cities have established redistricting commissions to adjust  
            city council districts following each decennial census.



          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  
            "[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 that has the authority to establish district  
            boundaries unless statutory authority is provided to allow a  
            county to have such a commission.

          In light of those restrictions, SB 1331 (Kehoe), Chapter 508,  
            Statutes of 2012, gave San Diego County the authority to  
            establish a redistricting commission, charged with adjusting  
            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 with the authority to  
            establish district boundaries.  Because the San Diego County  
            Board of Supervisors requested that bill, it was not a  
            reimbursable state-mandated local program.
          4)Service Planning Areas and Amendments:  As detailed above,  
            this bill requires the commission it creates to contain at  









                                                                     SB 958


                                                                    Page  13





            least one commission member who resides in each of the eight  
            SPAs in Los Angeles County.  According to Los Angeles County,  
            an SPA is a specific geographic region within the County.  Due  
            to the large size of the County (4,300 square miles), it has  
            been divided into eight geographic areas so the Department of  
            Public Health can "develop and provide more relevant public  
            health and clinical services targeted to the specific health  
            needs of the residents in these different areas."  The eight  
            SPAs are Area 1: Antelope Valley; Area 2: San Fernando Valley;  
            Area 3: San Gabriel Valley; Area 4: Metro; Area 5: West; Area  
            6: South; Area 7: East; and Area 8: South Bay (including  
            Catalina Island).  



          Because the SPAs were designed to divide the county into  
            geographic regions, the populations of SPAs vary  
            significantly.  According to Los Angeles County, the SPA with  
            the largest population-Area 2-has nearly seven times the  
            population of the SPA with the smallest population-Area 1.

          This bill's requirement that the redistricting commission  
            contain at least one commission member who resides in each SPA  
                                                   is designed to ensure that the commission is geographically  
            representative of the county as a whole.  However, the fact  
            that SPAs have significantly different populations means that,  
            in practice, this geographic distribution requirement will  
            give a disproportionate level of representation on the  
            commission to sparsely populated areas of the county.  

          In response to this concern, the author has agreed to accept  
            amendments to require that the commission contain at least one  
            commissioner who resides in each of the existing supervisorial  
            districts.  While the populations of the existing  
            supervisorial districts will vary somewhat, it is likely that  
            they will be much closer to each other than the populations of  
            SPAs.  In order to ensure that the first eight commissioners  









                                                                     SB 958


                                                                    Page  14





            are chosen at random from the pre-screened pool of 60  
            applicants, the Auditor-Controller of Los Angeles would be  
            required to conduct a random drawing to select one  
            commissioner from each of the existing supervisorial  
            districts, and would then be required to conduct a random  
            drawing from all of the remaining applicants, without respect  
            to supervisorial district, to select three additional  
            commissioners.  As is the case with the existing version of  
            the bill, those eight commissioners would then choose the  
            remaining six members of the commission from the remaining  
            pool of applicants.
          5)Funding and Staffing of the Commission and Amendments:   
            Proposition 11 required the Governor and the Legislature to  
            provide the CRC with funding and adequate office space.  SB  
            1331 (Kehoe), Chapter 508, Statutes of 2012, which created a  
            redistricting commission for San Diego County, required the  
            board of supervisors to provide for reasonable staffing and  
            logistical support for the commission.  This bill contains no  
            similar requirement for Los Angeles County to provide the  
            redistricting commission with funding, office space, or  
            staffing support.  The absence of a requirement to provide  
            adequate support for the operation of the redistricting  
            commission could threaten the commission's independence.  In  
            response to this concern, the author has agreed to accept an  
            amendment to require the board to provide reasonable funding  
            and staffing for the commission.

          6)Partisan Make Up:  The legislation establishing the San Diego  
            County redistricting commission did not include any  
            restrictions with respect to the partisan makeup of the  
            commission.  The state's redistricting commission is required  
            to be made up of five members who are registered as preferring  
            the Democratic Party, five who are registered as preferring  
            the Republican Party, and four who are registered as  
            preferring other parties or having no party preference.

          This bill requires the political party preferences of the Los  









                                                                     SB 958


                                                                    Page  15





            Angeles County redistricting commission members to be as  
            proportional as possible to the total number of voters who are  
            registered with each political party in Los Angeles County, as  
            determined by registration at the most recent statewide  
            election.  According to current voter registration figures  
            from the Secretary of State, 51.78% of registered voters in  
            Los Angeles County are registered as Democrats, 24.08% are  
            registered as having No Party Preference, 19.61% are  
            registered as Republicans, and the remaining 4.53% of voters  
            are registered with another party or are registered with a  
            political body that is attempting to qualify as a political  
            party.  While this bill provides that "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," in  
            order to reflect these registration figures, a 14-member  
            redistricting commission might be expected to have between 7-8  
            Democrats, between 3-4 members registered as having No Party  
            Preference, between 2-3 Republicans, and between 0-1 members  
            registered with other political parties or bodies.  The  
            ability for the commission to reflect those registration  
            figures could be limited, to some extent, based on the results  
            of the random drawing to select the first eight commissioners.  
             

          7)Post-Service Restrictions:  As detailed above, this bill  
            prohibits commission members from engaging in certain conduct  
            for a period of time after their appointment to the  
            commission.  Among other things, commissioners are prohibited  
            for a period of time from holding elective or appointive  
            public office (including state and federal office), from  
            serving as staff for certain elected officials (including  
            state and federal officials), or from registering as lobbyists  
            at the federal, state, or local level.  

          These post-service restrictions closely mirror restrictions that  
            apply to members of the CRC.  The jurisdiction of the CRC,  









                                                                     SB 958


                                                                    Page  16





            however, is much broader than that of the commission  
            established by this bill.  The CRC is responsible for  
            establishing boundary lines for federal and state offices, so  
            post-service restrictions that limit the ability of members of  
            the CRC to serve in or interact with the state and federal  
            government are tailored to reflect the work that the CRC does.  
             By contrast, the commission established by this bill would  
            establish boundary lines only for Los Angeles County.  The  
            committee may wish to consider whether the post-service  
            restrictions in this bill should be more narrowly tailored to  
            reflect the jurisdiction of the commission created by this  
            bill.  

          8)Technical Amendments:  This bill requires the commission to  
            respect the geographic integrity of any "city and county" when  
            drawing district lines.  Because the commission is drawing  
            lines for the supervisorial districts within a county,  
            however, this requirement is unnecessary.  Accordingly, the  
            author has agreed to accept a technical amendment to delete  
            "city and county," from page 6, line 9 of the bill.

          The most recent amendments to this bill added a sentence that is  
            duplicative of a provision that appears elsewhere in the bill.  
             Specifically, the sentence that appears on page 8, lines  
            11-13 of the bill is duplicative of a provision that appears  
            on page 5, lines 16-18 of the bill.  The author has agreed to  
            an amendment to delete this duplicative language.

          Finally, the most recent amendments to this bill contained a  
            drafting error with respect to the length of post-service  
            restrictions on commission members.  While it was the author's  
            intent that commission members be prohibited from holding  
            elective public office for a period of five years after being  
            appointed to the commission, the author's intent was that the  
            other post-service restrictions would apply for three years  
            from the date of appointment.  (Those restrictions limit  
            commissioners from being appointed to public office, from  









                                                                     SB 958


                                                                    Page  17





            serving as staff of or as a paid consultant to specified  
            public officials, and from registering as a lobbyist.)   To  
            correctly reflect the author's intent, the author is proposing  
            an amendment on page 8, line 17 of the bill to replace the  
            word "five" with "three."

          9)Related Legislation:  SB 1108 (B. Allen), which is also being  
            heard in this committee today, permits a city or a county to  
            establish a redistricting commission, subject to specified  
            conditions.


          10)Double-Referral:  This bill has been double-referred to the  
            Assembly Local Government Committee.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Common Cause (if amended) (prior version)


          League of Women Voters of California 




          Opposition


          None on file.










                                                                     SB 958


                                                                    Page  18








          Analysis Prepared by:Ethan Jones / E. & R. / (916)  
          319-2094