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 orbegin insert
general lawend insert 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 requirebegin delete aend deletebegin insert an advisoryend insert commissionbegin delete so createdend deletebegin insert that recommends changes to district boundariesend insert to report to the governing body its findings on the need for changes to thebegin delete boundaries, and its adopted or recommended changes, as specified. Thisend deletebegin insert
boundaries. For a commission end insertbegin insertempowered to changeend insertbegin insert district boundaries, thisend insert bill would prohibit the appointment of a person or family member, as defined, of a person who engaged in specified activities during the preceding 8begin delete years,end deletebegin insert years to that commission,end insert 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Section 21505 of the Elections Code is repealed.
Section 21505 is added to the Elections Code, to read:
(a) For purposes of this section, “family member”
4means a spouse, registered domestic partner, parent, sibling, child,
5or in-law.
6(b) A 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. A
15commission established pursuant to this section shall not be
16comprised entirely of members who are registered to vote with the
17same political party.
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):
22(1) Been elected or appointed to, or been a candidate for, a
23county elective office.
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.
P3 1(3) Served as an officer of, employee of, or paid
consultant to,
2a political party or as an elected or appointed member of a political
3party central committee.
4(4) Served as a staff member of, consultant to, or contracted
5with, a currently-serving elected officer of the county.
6(5) Been registered to lobby the county.
7(6) Contributed five hundred dollars ($500) or more to a
8candidate for a county elective office.
9(d) A member of a commission established pursuant to
10subdivision (b) shall not do any of the following:
11(1) While serving on the commission, endorse, work for,
12volunteer for, or make a campaign contribution to, a candidate for
13a county
elective office.
14(2) Be a candidate for a county elective office for 10 years
15commencing with the date of his or her appointment to the
16commission.
17(3) For four years commencing with the date of his or her
18appointment to the commission:
19(A) Accept an appointment to a county office.
20(B) Accept employment as a staff member of, or consultant to,
21an elected official or candidate for elective office in the county.
22(C) Receive a non-competitively bid contract with the county.
23(D) Register as a lobbyist for the county.
24(e) Each member of a commission established pursuant to
25subdivision (b) shall be a designated employee in the conflict of
26interest code for the commission pursuant to Article 3
27(commencing with Section 87300) of Chapter 7 of Title 9 of the
28Government Code.
29(f) A commission established pursuant to subdivision (b) is
30subject to the Ralph M. Brown Act (Chapter 9 (commencing with
31Section 54950) of Part 1 of Division 2 of Title 5 of the Government
32Code) and the California Public Records Act (Chapter 3.5
33(commencing with Section 6250) of Division 7 of Title 1 of the
34Government Code).
Section 21605 of the Elections Code is repealed.
Section 21605 is added to the Elections Code, to read:
(a) For purposes of this section, “family member”
39means a spouse, registered domestic partner, parent, sibling, child,
40or in-law.
P4 1(b) A city may establish a commission composed of city
2residents to change the boundaries of the council districts or to
3recommend to the council changes to the boundaries of the council
4districts. The commission shall submit a report to the council of
5its findings on the need for changes to the boundaries, and its
6adopted or recommended changes, within six months after the
7final population figures determined in each federal decennial census
8have been released, but in any event not later than August 1st of
9the year following the year
in which the census is taken. A
10commission established pursuant to this section shall not be
11comprised entirely of members who are registered to vote with the
12same political party.
13(c) A person, or the family member of a person, who has done
14any of the following in the preceding eight years, shall not be
15appointed to serve on a commission established pursuant to
16subdivision (b):
17(1) Been elected or appointed to, or been a candidate for, a city
18elective office.
19(2) Served as an officer of, employee of, or paid consultant to,
20a campaign committee or a candidate for elective office in that
21city.
22(3) Served as an officer of, employee of, or paid consultant
to,
23a political party or as an elected or appointed member of a political
24party central committee.
25(4) Served as a staff member of, consultant to, or contracted
26with, a currently-serving elected officer of the city.
27(5) Been registered to lobby the city.
28(6) Contributed five hundred dollars ($500) or more to a
29candidate for a city elective office.
30(d) A member of a commission established pursuant to
31subdivision (b) shall not do any of the following:
32(1) While serving on the commission, endorse, work for,
33volunteer for, or make a campaign contribution to, a candidate for
34a city elective
office.
35(2) Be a candidate for a city elective office for 10 years
36commencing with the date of his or her appointment to the
37commission.
38(3) For four years commencing with the date of his or her
39appointment to the commission:
40(A) Accept an appointment to a city office.
P5 1(B) Accept employment as a staff member of, or consultant to,
2an elected official or candidate for elective office in the city.
3(C) Receive a non-competitively bid contract with the city.
4(D) Register as a lobbyist for the city.
5(e) Each member of a commission established pursuant to
6subdivision (b) shall be a designated employee in the conflict of
7interest code for the commission pursuant to Article 3
8(commencing with Section 87300) of Chapter 7 of Title 9 of the
9Government Code.
10(f) A commission established pursuant to subdivision (b) is
11subject to the Ralph M. Brown Act (Chapter 9 (commencing with
12Section 54950) of Part 1 of Division 2 of Title 5 of the Government
13Code) and the California Public Records Act (Chapter 3.5
14(commencing with Section 6250) of Division 7 of Title 1 of the
15Government Code).
begin insertChapter 9 (commencing with Section 23000) is added
17to Division 21 of the end insertbegin insertElections Codeend insertbegin insert, to read:end insert
18
For purposes of this chapter, the following terms have
23the following meanings:
24
(a) “Advisory redistricting commission” means a body that
25recommends to a legislative body placement of the district
26boundaries for that legislative body.
27
(b) “Family member” means a spouse, registered domestic
28partner, parent, sibling, child, or in-law.
29
(c) “Independent redistricting commission” means a body, other
30than a legislative body, that is empowered to adopt the district
31boundaries of a legislative body.
32
(d) “Legislative body” means either a city council of a general
33law city or a
county board of supervisors.
34
(e) “Local jurisdiction” means either a general law city or a
35county.
A local jurisdiction may establish by resolution or
37ordinance an independent redistricting commission or an advisory
38redistricting commission composed of residents of the local
39jurisdiction to change the legislative body’s district boundaries
P6 1or to recommend to the legislative body changes to those district
2boundaries.
(a) This section applies to advisory redistricting
4commissions.
5
(b) Notwithstanding any other law, the local jurisdiction may
6prescribe the manner in which members are appointed to the
7commission.
8
(c) A person who is an elected official of the local jurisdiction,
9or a family member, staff member, or paid campaign staff of an
10elected official of the local jurisdiction, shall not be appointed to
11serve on the commission.
12
(d) The commission shall submit a report to the legislative body
13of its findings on the need for changes to the boundaries, and its
14recommended changes, within six months after the final population
15
figures determined in each federal decennial census have been
16released, but in any event not later than August 1 of the year
17following the year in which the census is taken.
(a) This section applies to independent redistricting
19commissions.
20
(b) Notwithstanding any other law, the local jurisdiction may
21prescribe the manner in which members are appointed to the
22commission, provided that the jurisdiction uses an application
23process open to all eligible residents. A local jurisdiction may also
24impose additional qualifications and restrictions on members of
25the commission in excess of those prescribed by this section.
26
(c) A person, or the family member of a person, who has done
27any of the following in the preceding eight years, shall not be
28appointed to serve on a commission:
29
(1) Been
elected or appointed to, or been a candidate for, an
30elective office of the local jurisdiction.
31
(2) Served as an officer of, employee of, or paid consultant to,
32a campaign committee or a candidate for elective office of the
33local jurisdiction.
34
(3) Served as an officer of, employee of, or paid consultant to,
35a political party or as an elected or appointed member of a political
36party central committee.
37
(4) Served as a staff member of, consultant to, or contracted
38with, a currently-serving elected officer of the local jurisdiction.
39
(5) Been registered to lobby the local jurisdiction.
P7 1
(6) Contributed five hundred dollars ($500) or more in a year
2to any candidate for an elective office of the
local jurisdiction. The
3local jurisdiction may adjust this amount by the cumulative change
4in the California Consumer Price Index, or its successor, in every
5year ending in zero.
6
(d) A member of the commission shall not do any of the
7following:
8
(1) While serving on the commission, endorse, work for,
9volunteer for, or make a campaign contribution to, a candidate
10for an elective office of the local jurisdiction.
11
(2) Be a candidate for an elective office of the local jurisdiction
12for 10 years commencing with the date of his or her appointment
13to the commission.
14
(3) For four years commencing with the date of his or her
15appointment to the commission:
16
(A) Accept an appointment to an office of
the local jurisdiction.
17
(B) Accept employment as a staff member of, or consultant to,
18an elected official or candidate for elective office of the local
19jurisdiction.
20
(C) Receive a non-competitively bid contract with the local
21jurisdiction.
22
(D) Register as a lobbyist for the local jurisdiction.
23
(e) A commission established pursuant to this section shall not
24 be comprised entirely of members who are registered to vote with
25the same political party preference.
26
(f) Each member of the commission shall be a designated
27employee in the conflict of interest code for the commission
28pursuant to Article 3 (commencing with Section 87300) of Chapter
297 of Title 9 of the Government Code.
30
(g) The commission is subject to the Ralph M. Brown Act
31(Chapter 9 (commencing with Section 54950) of Part 1 of Division
322 of Title 5 of the Government Code) and the California Public
33Records Act (Chapter 3.5 (commencing with Section 6250) of
34Division 7 of Title 1 of the Government Code).
35
(h) The commission shall adopt new boundaries within six
36months after the final population figures determined in each federal
37decennial census have been released, but in any event not later
38than November 1 of the year following the year in which the census
39is taken. A map of the proposed boundaries shall be published and
40made available to the public for at least seven days before being
P8 1adopted. Before adopting new boundaries, the commission shall
2hold at least three public hearings preceding the hearing at which
3the new boundaries are adopted. The commission shall not draw
4districts for the purpose
of favoring or discriminating against an
5incumbent or political candidate.
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