BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON GOVERNANCE AND FINANCE
                         Senator Robert M. Hertzberg, Chair
                                2015 - 2016  Regular 

                              
          
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          |Bill No:  |SB 1108                          |Hearing    |4/27/16  |
          |          |                                 |Date:      |         |
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          |Author:   |Allen                            |Tax Levy:  |No       |
          |----------+---------------------------------+-----------+---------|
          |Version:  |2/17/16                          |Fiscal:    |No       |
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          |Consultant|Weinberger                                            |
          |:         |                                                      |
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                      Elections:  state and local reapportionment



          Allows a city or county to establish a commission to change the  
          boundaries of county supervisors' or city council members'  
          electoral districts after a federal census.


           Background 

           State law 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 possible and comply with the  
          applicable provisions of the federal Voting Rights Act (VRA), as  
          amended.  A board of supervisors, when adjusting the boundaries  
          of supervisorial districts, may give consideration to:  
          topography, geography, communities of interests, and  
          cohesiveness, contiguity, integrity, and compactness of  
          territory.

          A board of supervisors must hold at least one public hearing on  
          any proposal to adjust the boundaries of a supervisorial  
          district before the public hearing at which the board votes to  
          approve or defeat the proposal.

          In 2008, California voters approved Proposition 11 which amended  
          the California Constitution to transfer the power to redraw  







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          electoral district boundaries for seats in the state legislature  
          to an independent 14-member citizen's redistricting commission.   
          The California Constitution provides that charter cities,  
          without being bound by state general laws, may control their own  
          municipal affairs, including matters related to the election of  
          their city councils.  Using their authority under the  
          constitution's municipal affairs doctrine, some charter cities  
          have established independent citizen's commissions to redraw  
          city council district boundaries.

          State law allows a county board of supervisors, following a  
          decennial federal census, to appoint an advisory committee,  
          comprised of county residents, to study and make recommendations  
          on changes to supervisorial boundaries (SB 407, Bradley, 1970).   
          Similarly, state law allows a city council, following a  
          decennial federal census, to appoint an advisory committee,  
          composed of city residents, to study and make recommendations  
          regarding changing city council districts' boundaries (AB 329,  
          Quimby, 1970).  Unlike charter cities, counties and general law  
          cities can't create citizens redistricting commissions to redraw  
          their governing bodies' electoral districts unless state law is  
          amended to specifically authorize them to do so.  

          In 2012, at the request of San Diego County officials, the  
          Legislature passed a bill to establish a redistricting  
          commission in San Diego County and charge it with adjusting the  
          boundaries of supervisorial districts after each decennial  
          federal census (SB 1331, Kehoe, 2012). The San Diego County  
          redistricting commission is comprised of five former or retired  
          state or federal judges who are residents and voters in the  
          county.  The commission members are picked from among qualified  
          applicants through a random drawing.

          Some elected officials want the Legislature to enact similar  
          legislation to create a citizens redistricting commission to  
          redraw Los Angeles County's supervisorial districts after each  
          decennial federal census.


           Proposed Law

           Senate Bill 1108 repeals state laws that allow county  
          supervisors or city council member to appoint advisory  
          committees to study and make recommendations regarding changes  








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          to supervisorial or council district boundaries.  

          SB 1108, instead, allows a county or a city to establish a  
          commission composed of county or city residents to either:
                 Change the boundaries of county supervisors' or city  
               council members' electoral districts, or

                 Recommend changes to the boundaries of county  
               supervisors' or city council members' electoral districts.   


          SB 1108 requires a commission to submit a report 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.


           State Revenue Impact

           No estimate


           Comments

           1.  Purpose of the bill  . Existing law authorizes county boards of  
          supervisors and city councils to appoint committees to study the  
          matter of changing the boundaries of its supervisorial and  
          council districts but expressly states that recommendations of  
          the committees are advisory only. Charter cities are the only  
          type of local government in which a redistricting commission can  
          be created to adopt a redistricting plan independent of the  
          local governing body.  Charter counties, general law counties  
          and general law cities, on the other hand, are not granted the  
          same level of authority over the conduct of elections.   
          Electoral district boundaries drawn by an independent citizen's  
          commission, compared to districts drawn by a city council or  
          county board of supervisors, may produce electoral districts  
          that are more competitive and better reflect local demographic  
          and regional diversity.  SB 958 broadly authorizes all counties  
          and cities to establish a commission, composed of residents of  
          the county or city, to either adopt a redistricting plan  
          themselves or recommend changes as currently permitted.  The  








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          bill would not require any city or county to create such a  
          commission, it merely grants them the authority to do so.  


















































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          2.   Too much of a good thing  ?  Providing local officials and  
          residents with enough discretion to structure independent  
          redistricting commissions in various ways that reflect local  
          circumstances is a good thing.  However, SB 1108 imposes almost  
          no limits on how local redistricting commissions can be  
          structured or how the commission members can exercise the  
          redistricting power.  It might make sense for state law to  
          impose some statewide requirements on all local redistricting  
          commissions to ensure that the commissions will operate as  
          intended and produce truly independent results.  For example,  
          state law could:
                 Prohibit a commission's membership from being comprised  
               entirely of members who are all registered to vote with the  
               same political party.

                 Prohibit a commission from including members whose  
               recent employment history or political activity casts doubt  
               on their ability to perform their responsibilities  
               independently.

                 Require commission members to comply with open  
               government provisions of the Brown Act, Public Records Act,  
               and Political Reform Act to ensure that they remain  
               accountable to the public.

          The committee may wish to consider amending SB 1108 to impose  
          some minimum statewide standards on all local redistricting  
          commissions.

          3.   Related legislation  .  SB 958 (Lara), creates a citizens  
          redistricting commission to adjust the Los Angeles County Board  
          of Supervisors' district boundaries after each decennial federal  
          census.  The Senate Governance & Finance Committee approved that  
          bill at its April 20, 2016 hearing on a 5-2 vote.


           Support and  
          Opposition   (4/21/16)


           Support  :  California Common Cause; League of Women Voters of  
          California.









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           Opposition  :  Unknown.



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