BILL NUMBER: SB 1108	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 8, 2016
	AMENDED IN SENATE  MAY 4, 2016

INTRODUCED BY   Senator Allen
   (Coauthor: Senator Hertzberg)

                        FEBRUARY 17, 2016

   An act to  repeal and  add  Chapter 9
(commencing with Section 23000) to Division 21 of, and to repeal
 Sections 21505 and 21605  of   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  general law  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   an advisory  commission
 so created   that recommends changes to
district boundaries  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  
boundaries. For a commission   empowered to change 
 district boundaries, 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,   years to that commission,  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  Section 21505 of the Elections Code is repealed.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) For purposes of this section, "family member" 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.   SEC. 2.   Section 21605 of the
Elections Code is repealed. 
  SEC. 4.    Section 21605 is added to the Elections
Code, to read:
   21605.  (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).

   SEC. 3.    Chapter 9 (commencing with Section 23000)
is added to Division 21 of the   Elections Code   ,
to read:  
      CHAPTER 9.  ADVISORY AND INDEPENDENT REDISTRICTING COMMISSIONS


   23000.  For purposes of this chapter, the following terms have the
following meanings:
   (a) "Advisory redistricting commission" means a body that
recommends to a legislative body placement of the district boundaries
for that legislative body.
   (b) "Family member" means a spouse, registered domestic partner,
parent, sibling, child, or in-law.
   (c) "Independent redistricting commission" means a body, other
than a legislative body, that is empowered to adopt the district
boundaries of a legislative body.
   (d) "Legislative body" means either a city council of a general
law city or a county board of supervisors.
   (e) "Local jurisdiction" means either a general law city or a
county.
   23001.  A local jurisdiction may establish by resolution or
ordinance an independent redistricting commission or an advisory
redistricting commission composed of residents of the local
jurisdiction to change the legislative body's district boundaries or
to recommend to the legislative body changes to those district
boundaries.
   23002.  (a) This section applies to advisory redistricting
commissions.
   (b) Notwithstanding any other law, the local jurisdiction may
prescribe the manner in which members are appointed to the
commission.
   (c) A person who is an elected official of the local jurisdiction,
or a family member, staff member, or paid campaign staff of an
elected official of the local jurisdiction, shall not be appointed to
serve on the commission.
   (d) The commission shall submit a report to the legislative body
of its findings on the need for changes to the boundaries, and its
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 1 of the year
following the year in which the census is taken.
   23003.  (a) This section applies to independent redistricting
commissions.
   (b) Notwithstanding any other law, the local jurisdiction may
prescribe the manner in which members are appointed to the
commission, provided that the jurisdiction uses an application
process open to all eligible residents. A local jurisdiction may also
impose additional qualifications and restrictions on members of the
commission in excess of those prescribed by this section.
   (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:
   (1) Been elected or appointed to, or been a candidate for, an
elective office of the local jurisdiction.
   (2) Served as an officer of, employee of, or paid consultant to, a
campaign committee or a candidate for elective office of the local
jurisdiction.
   (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 local jurisdiction.
   (5) Been registered to lobby the local jurisdiction.
   (6) Contributed five hundred dollars ($500) or more in a year to
any candidate for an elective office of the local jurisdiction. The
local jurisdiction may adjust this amount by the cumulative change in
the California Consumer Price Index, or its successor, in every year
ending in zero.
   (d) A member of the commission 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 an elective
office of the local jurisdiction.
   (2) Be a candidate for an elective office of the local
jurisdiction 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 an office of the local jurisdiction.
   (B) Accept employment as a staff member of, or consultant to, an
elected official or candidate for elective office of the local
jurisdiction.
   (C) Receive a non-competitively bid contract with the local
jurisdiction.
   (D) Register as a lobbyist for the local jurisdiction.
   (e) A commission established pursuant to this section shall not be
comprised entirely of members who are registered to vote with the
same political party preference.
   (f) Each member of the commission 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.
   (g) The commission 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).
   (h) The commission shall adopt new boundaries within six months
after the final population figures determined in each federal
decennial census have been released, but in any event not later than
November 1 of the year following the year in which the census is
taken. A map of the proposed boundaries shall be published and made
available to the public for at least seven days before being adopted.
Before adopting new boundaries, the commission shall hold at least
three public hearings preceding the hearing at which the new
boundaries are adopted. The commission shall not draw districts for
the purpose of favoring or discriminating against an incumbent or
political candidate.