Amended in Senate May 4, 2016

Senate BillNo. 1108


Introduced by Senator Allen

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(Coauthor: Senator Hertzberg)

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February 17, 2016


An act to repeal and add Sections 21505 and 21605 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

SB 1108, as amended, Allen. Elections: state and local reapportionment.

Existing law authorizes a county board of supervisors to appoint a committee, composed of county residents, to study the matter of changing the boundaries of its supervisorial districts. Existing law directs a committee created pursuant to that provision to report its findings to the board of supervisors, as specified, and it expressly states that recommendations of the committee are advisory only. Existing law similarly authorizes a city council to appoint a committee, composed of city residents, to study the matter of changing the boundaries of its council districts, directs a committee so created to report its findings to the city council, and expressly states that recommendations of the committee are advisory only.

This bill would delete those provisions and instead authorize a county or city to establish a commission, composed of residents of the county or city, to either change the boundaries of the districts or recommend to the governing body changes to the boundaries of the districts. The bill would also require a commission so created to report to the governing body its findings on the need for changes to the boundaries, and its adopted or recommended changes, as specified.begin insert This bill would prohibit the appointment of a person or family member, as defined, of a person who engaged in specified activities during the preceding 8 years, and it would also prohibit commission members from engaging in specified activities while serving and for a specified period of time after serving.end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 21505 of the Elections Code is repealed.

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SEC. 2.  

Section 21505 is added to the Elections Code, to read:

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21505.  

begin deleteA end deletebegin insert(a)end insertbegin insertend insertbegin insertFor purposes of this section, “family member”
4means a spouse, registered domestic partner, parent, sibling, child,
5or in-law.end insert

6begin insert(b)end insertbegin insertend insertbegin insertAend insert county may establish a commission composed of county
7residents to change the boundaries of the supervisorial districts or
8to recommend to the board changes to the boundaries of the
9supervisorial districts. The commission shall submit a report to
10the board of its findings on the need for changes to the boundaries,
11and its adopted or recommended changes, within six months after
12the final population figures determined in each federal decennial
13census have been released, but in any event not later than August
141st of the year following the year in which the census is taken.begin insert A
15commission established pursuant to this section end insert
begin insertshall not be
16comprised entirely of members who are registered to vote with the
17same political party.end insert

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18
(c) A person, or the family member of a person, who has done
19any of the following in the preceding eight years, shall not be
20appointed to serve on a commission established pursuant to
21subdivision (b):

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22
(1) Been elected or appointed to, or been a candidate for, a
23county elective office.

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24
(2) Served as an officer of, employee of, or paid consultant to,
25a campaign committee or a candidate for elective office in that
26county.

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27
(3) Served as an officer of, employee of, or paid consultant to,
28a political party or as an elected or appointed member of a political
29party central committee.

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(4) Served as a staff member of, consultant to, or contracted
2with, a currently-serving elected officer of the county.

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3
(5) Been registered to lobby the county.

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4
(6) Contributed five hundred dollars ($500) or more to a
5candidate for a county elective office.

end insert
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6
(d) A member of a commission established pursuant to
7subdivision (b) shall not do any of the following:

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8
(1) While serving on the commission, endorse, work for,
9volunteer for, or make a campaign contribution to, a candidate
10for a county elective office.

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11
(2) Be a candidate for a county elective office for 10 years
12commencing with the date of his or her appointment to the
13commission.

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(3) For four years commencing with the date of his or her
15appointment to the commission:

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(A) Accept an appointment to a county office.

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(B) Accept employment as a staff member of, or consultant to,
18an elected official or candidate for elective office in the county.

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19
(C) Receive a non-competitively bid contract with the county.

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20
(D) Register as a lobbyist for the county.

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21
(e) Each member of a commission established pursuant to
22subdivision (b) shall be a designated employee in the conflict of
23interest code for the commission pursuant to Article 3 (commencing
24with Section 87300) of Chapter 7 of Title 9 of the Government
25Code.

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26
(f) A commission established pursuant to subdivision (b) is
27subject to the Ralph M. Brown Act (Chapter 9 (commencing with
28Section 54950) of Part 1 of Division 2 of Title 5 of the Government
29Code) and the California Public Records Act (Chapter 3.5
30(commencing with Section 6250) of Division 7 of Title 1 of the
31Government Code).

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32

SEC. 3.  

Section 21605 of the Elections Code is repealed.

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SEC. 4.  

Section 21605 is added to the begin deleteGovernmentend deletebegin insertElectionsend insert
34 Code
, to read:

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21605.  

begin deleteA end deletebegin insert(a)end insertbegin insertend insertbegin insertFor purposes of this section, “family member”
36means a spouse, registered domestic partner, parent, sibling, child,
37or in-law.end insert

38begin insert(b)end insertbegin insertend insertbegin insertAend insert city may establish a commission composed of city
39residents to change the boundaries of the council districts or to
40recommend to the council changes to the boundaries of the council
P4    1districts. The commission shall submit a report to the council of
2its findings on the need for changes to the boundaries, and its
3adopted or recommended changes, within six months after the
4final population figures determined in each federal decennial census
5have been released, but in any event not later than August 1st of
6the year following the year in which the census is taken.begin insert end insertbegin insertA
7commission established pursuant to this section shall not be
8comprised entirely of members who are registered to vote with the
9same political party.end insert

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10
(c) A person, or the family member of a person, who has done
11any of the following in the preceding eight years, shall not be
12appointed to serve on a commission established pursuant to
13subdivision (b):

end insert
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14
(1) Been elected or appointed to, or been a candidate for, a city
15elective office.

end insert
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16
(2) Served as an officer of, employee of, or paid consultant to,
17a campaign committee or a candidate for elective office in that
18city.

end insert
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19
(3) Served as an officer of, employee of, or paid consultant to,
20a political party or as an elected or appointed member of a political
21party central committee.

end insert
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22
(4) Served as a staff member of, consultant to, or contracted
23with, a currently-serving elected officer of the city.

end insert
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24
(5) Been registered to lobby the city.

end insert
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25
(6) Contributed five hundred dollars ($500) or more to a
26candidate for a city elective office.

end insert
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27
(d) A member of a commission established pursuant to
28subdivision (b) shall not do any of the following:

end insert
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29
(1) While serving on the commission, endorse, work for,
30volunteer for, or make a campaign contribution to, a candidate
31for a city elective office.

end insert
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32
(2) Be a candidate for a city elective office for 10 years
33commencing with the date of his or her appointment to the
34commission.

end insert
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35
(3) For four years commencing with the date of his or her
36appointment to the commission:

end insert
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37
(A) Accept an appointment to a city office.

end insert
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38
(B) Accept employment as a staff member of, or consultant to,
39an elected official or candidate for elective office in the city.

end insert
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40
(C) Receive a non-competitively bid contract with the city.

end insert
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(D) Register as a lobbyist for the city.

end insert
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2
(e) Each member of a commission established pursuant to
3subdivision (b) shall be a designated employee in the conflict of
4interest code for the commission pursuant to Article 3 (commencing
5with Section 87300) of Chapter 7 of Title 9 of the Government
6Code.

end insert
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7
(f) A commission established pursuant to subdivision (b) is
8subject to the Ralph M. Brown Act (Chapter 9 (commencing with
9Section 54950) of Part 1 of Division 2 of Title 5 of the Government
10Code) and the California Public Records Act (Chapter 3.5
11(commencing with Section 6250) of Division 7 of Title 1 of the
12Government Code).

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