BILL NUMBER: SB 1108 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 4, 2016
INTRODUCED BY Senator Allen
( Coauthor: Senator
Hertzberg )
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21505 of the Elections Code is repealed.
SEC. 2. Section 21505 is added to the Elections Code, to read:
21505. A (a) For
purposes of this section, "family membe r" means a spouse,
registered domestic partner, parent, sibling, child, or in-law.
(b) A county may establish a
commission composed of county residents to change the boundaries of
the supervisorial districts or to recommend to the board changes to
the boundaries of the supervisorial districts. The commission shall
submit a report to the board of its findings on the need for changes
to the boundaries, and its adopted or recommended changes, within six
months after the final population figures determined in each federal
decennial census have been released, but in any event not later than
August 1st of the year following the year in which the census is
taken. A commission established pursuant to this section
shall not be comprised entirely of members who are registered to
vote with the same political party.
(c) A person, or the family member of a person, who has done any
of the following in the preceding eight years, shall not be appointed
to serve on a commission established pursuant to subdivision (b):
(1) Been elected or appointed to, or been a candidate for, a
county elective office.
(2) Served as an officer of, employee of, or paid consultant to, a
campaign committee or a candidate for elective office in that
county.
(3) Served as an officer of, employee of, or paid consultant to, a
political party or as an elected or appointed member of a political
party central committee.
(4) Served as a staff member of, consultant to, or contracted
with, a currently-serving elected officer of the county.
(5) Been registered to lobby the county.
(6) Contributed five hundred dollars ($500) or more to a candidate
for a county elective office.
(d) A member of a commission established pursuant to subdivision
(b) shall not do any of the following:
(1) While serving on the commission, endorse, work for, volunteer
for, or make a campaign contribution to, a candidate for a county
elective office.
(2) Be a candidate for a county elective office for 10 years
commencing with the date of his or her appointment to the commission.
(3) For four years commencing with the date of his or her
appointment to the commission:
(A) Accept an appointment to a county office.
(B) Accept employment as a staff member of, or consultant to, an
elected official or candidate for elective office in the county.
(C) Receive a non-competitively bid contract with the county.
(D) Register as a lobbyist for the county.
(e) Each member of a commission established pursuant to
subdivision (b) shall be a designated employee in the conflict of
interest code for the commission pursuant to Article 3 (commencing
with Section 87300) of Chapter 7 of Title 9 of the Government Code.
(f) A commission established pursuant to subdivision (b) is
subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section
54950) of Part 1 of Division 2 of Title 5 of the Government Code)
and the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code).
SEC. 3. Section 21605 of the Elections Code is repealed.
SEC. 4. Section 21605 is added to the Government
Elections Code, to read:
21605. A (a) For
purposes of this section, "family member" means a spouse, registered
domestic partner, parent, sibling, child, or in-law.
(b) A city may establish a
commission composed of city residents to change the boundaries of the
council districts or to recommend to the council changes to the
boundaries of the council districts. The commission shall submit a
report to the council of its findings on the need for changes to the
boundaries, and its adopted or recommended changes, within six months
after the final population figures determined in each federal
decennial census have been released, but in any event not later than
August 1st of the year following the year in which the census is
taken. A commission established pursuant to this
section shall not be comprised entirely of members who are registered
to vote with the same political party.
(c) A person, or the family member of a person, who has done any
of the following in the preceding eight years, shall not be appointed
to serve on a commission established pursuant to subdivision (b):
(1) Been elected or appointed to, or been a candidate for, a city
elective office.
(2) Served as an officer of, employee of, or paid consultant to, a
campaign committee or a candidate for elective office in that city.
(3) Served as an officer of, employee of, or paid consultant to, a
political party or as an elected or appointed member of a political
party central committee.
(4) Served as a staff member of, consultant to, or contracted
with, a currently-serving elected officer of the city.
(5) Been registered to lobby the city.
(6) Contributed five hundred dollars ($500) or more to a candidate
for a city elective office.
(d) A member of a commission established pursuant to subdivision
(b) shall not do any of the following:
(1) While serving on the commission, endorse, work for, volunteer
for, or make a campaign contribution to, a candidate for a city
elective office.
(2) Be a candidate for a city elective office for 10 years
commencing with the date of his or her appointment to the commission.
(3) For four years commencing with the date of his or her
appointment to the commission:
(A) Accept an appointment to a city office.
(B) Accept employment as a staff member of, or consultant to, an
elected official or candidate for elective office in the city.
(C) Receive a non-competitively bid contract with the city.
(D) Register as a lobbyist for the city.
(e) Each member of a commission established pursuant to
subdivision (b) shall be a designated employee in the conflict of
interest code for the commission pursuant to Article 3 (commencing
with Section 87300) of Chapter 7 of Title 9 of the Government Code.
(f) A commission established pursuant to subdivision (b) is
subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section
54950) of Part 1 of Division 2 of Title 5 of the Government Code)
and the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code).