BILL ANALYSIS Ó SENATE COMMITTEE ON GOVERNANCE AND FINANCE Senator Robert M. Hertzberg, Chair 2015 - 2016 Regular ------------------------------------------------------------------ |Bill No: |SB 1108 |Hearing |4/27/16 | | | |Date: | | |----------+---------------------------------+-----------+---------| |Author: |Allen |Tax Levy: |No | |----------+---------------------------------+-----------+---------| |Version: |2/17/16 |Fiscal: |No | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant|Weinberger | |: | | ----------------------------------------------------------------- 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 SB 1108 (Allen) 2/17/16 Page 2 of ? 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 SB 1108 (Allen) 2/17/16 Page 3 of ? 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 SB 1108 (Allen) 2/17/16 Page 4 of ? bill would not require any city or county to create such a commission, it merely grants them the authority to do so. SB 1108 (Allen) 2/17/16 Page 5 of ? 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. SB 1108 (Allen) 2/17/16 Page 6 of ? Opposition : Unknown. -- END --