BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       SB 1108|
          |Office of Senate Floor Analyses   |                              |
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                                   THIRD READING 


          Bill No:  SB 1108
          Author:   Allen (D) 
          Amended:  5/4/16  
          Vote:     21 

           SENATE ELECTIONS & C.A. COMMITTEE:  5-0, 4/5/16
           AYES:  Allen, Anderson, Hancock, Hertzberg, Liu

           SENATE GOVERNANCE & FIN. COMMITTEE:  5-0, 4/27/16
           AYES:  Hertzberg, Beall, Hernandez, Lara, Pavley
           NO VOTE RECORDED:  Nguyen, Moorlach

           SUBJECT:   Elections:  state and local reapportionment


          SOURCE:    California Common Cause
          
          DIGEST:   This bill permits a county or city to establish a  
          redistricting commission, composed of residents of the county or  
          city, that has the authority to adjust the boundaries of the  
          supervisorial or city council districts.
          
          ANALYSIS:  

          Existing law:

          1)Requires the governing bodies of each city and county,  
            following each decennial federal census, and using that census  
            as a basis, to adjust the boundaries of any or all of the  
            council districts and supervisorial districts so that the  
            districts are as nearly equal in populations as may be and  
            comply with the applicable provisions of Section 2 of the  
            federal Voting Rights Act, as amended.  








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          2)Permits a city council or county board of supervisors to  
            appoint a committee composed of residents of the city or  
            county to study the matter of changing the boundaries of the  
            council or supervisorial districts but provides that the  
            recommendations of the committee are advisory only unless  
            otherwise permitted by state law. 

          3)Provides, pursuant to the California Constitution, that  
            charter counties are subject to state statutes that relate to  
            redistricting seats of the counties' boards of supervisors.

          4)Establishes a redistricting commission in San Diego County and  
            charges it with adjusting the boundaries of supervisorial  
            districts after each decennial federal census.  The San Diego  
            County redistricting commission is comprised of five members,  
            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.

          5)Requires specified public officials to periodically file  
            statements of economic interest pursuant to the Political  
            Reform Act, as specified.


          6)Establishes the Brown Act, located within the California  
            Government Code, which guarantees the public's right to attend  
            and participate in meetings of local legislative bodies. 


          7)Establishes the Public Records Act within the Government Code  
            to permit inspection or disclosure of governmental records to  
            the public upon request, unless otherwise exempted by law. 

          This bill:

          1)Permits any city or county to establish a commission, composed  
            of residents of the city or county, that has the authority to  
            enact changes to the boundaries of the districts rather than  
            only recommend to the governing body changes to the boundaries  
            of the districts.

          2)Provides that a commission may not be comprised entirely of  
            members who are registered to vote with the same political  







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            party. 

          3)Provides that a commission must be composed of residents of  
            the city or county, but shall not include any person or family  
            member of a person who has, in the eight years preceding  
            serving on the commission, done any of the following:

             a)   Been elected or appointed to, or been a candidate for, a  
               city or county elective office.

             b)   Served as an officer, employee, or paid consultant of a  
               campaign committee or a candidate for elective office for  
               the city or county. 

             c)   Served as an officer, employee, or paid consultant of a  
               political party or as an elected or appointed member of a  
               political party central committee.

             d)   Served as a staff member of, consultant to, or  
               contracted with, a currently-serving elected officer of the  
               city or county. 

             e)   Been registered to lobby the city or county.

             f)   Made a contribution of $500 or more to a candidate for  
               elective office for a city or county.

          1)Provides that a member of a commission shall not do any of the  
            following

             a)   While serving on a commission, endorse, work or  
               volunteer for, or make a campaign contribution to a  
               candidate for elective office for a city or county.

             b)   Be a candidate for a city or county elective office for  
               10 years following his or her appointment.

             c)   Accept appointment to a city or county office for four  
               years following his or her appointment.

             d)   Accept employment as a staff member of, or consultant  
               to, an elected official or candidate for elective office in  
               the city or county for four years following his or her  
               appointment. 







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             e)   Receive a non-competitively bid contract with the city  
               or county for four years following his or her appointment.

             f)   Register as a lobbyist for the city or county for four  
               years following his or her appointment.  

          1)Requires commission members to file statements of economic  
            interest pursuant to the Political Reform Act of 1974.

          2)Defines "family member" as a spouse, registered domestic  
            partner, parent, sibling, child, or in-law.

          3)Requires a commission to comply with all applicable provisions  
            of the Brown Act and the Public Records Act.

          Background
          
          California Counties Must Follow State Law Governing  
          Redistricting.  A number of California cities have established  
          redistricting commissions to adjust city council districts  
          following each decennial census.  In some cities, these  
          commissions are advisory, and only make recommendations to the  
          city council, but in some charter cities, the redistricting  
          commission has the authority to adopt a redistricting plan  
          independent of the city council.  Charter cities are able to  
          establish such commissions because the state Constitution gives  
          charter cities broad authority over the conduct of city  
          elections and over the manner in which, method by which, times  
          at which, and terms for which municipal officers are elected.

          General law cities and all counties, on the other hand, are not  
          granted the same level of authority over the conduct of county  
          elections, and in fact, the state Constitution explicitly  
          provides that "[c]harter counties are subject to statutes that  
          relate to apportioning population of governing body districts."  
          In light of this provision of the state Constitution, charter  
          counties are unable to provide for the creation of a  
          redistricting commission through an amendment to the county  
          charter unless statutory authority is provided to allow a county  
          to have such a commission. 

          The San Diego County Commission.  SB 1331 (Kehoe, Chapter 508,  
          Statutes of 2012) established an independent redistricting  







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          commission in San Diego County to adjust the boundaries of  
          supervisorial districts after each decennial federal census.   
          The bill was requested by the San Diego County Board of  
          Supervisors who sought the change in state law necessary to  
          create such a commission.  As mentioned above, because the  
          Elections Code controls and limits the redistricting process,  
          the County Board could not reformulate its redistricting process  
          unless the Legislature changed the code.  Furthermore, because  
          the county board requested the bill, the state was not subject  
          to a reimbursable local mandate.
                            
          California Citizens Redistricting Commission (CRC).  Proposition  
          11, which was approved by the voters at the 2008 statewide  
          general election, created the CRC, and gave it the  
          responsibility for establishing district lines for the Assembly,  
          Senate, and Board of Equalization.  Proposition 11 also modified  
          the criteria to be used when drawing district lines.   
          Proposition 20, which was approved by the voters at the 2010  
          statewide general election, gave the CRC the responsibility for  
          establishing lines for California's congressional districts, and  
          made other changes to the procedures and criteria to be used by  
          the CRC.  The CRC consists of 14 registered voters, including  
          five Democrats, five Republicans, and four others, all of whom  
          are chosen according to procedures specified in Proposition 11.   
          Members of the CRC are subject to conflict of interest  
          provisions similar to those proposed in this bill for city and  
          county redistricting commission members.

          Comments
          
          1)According to the author, 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.  There is  
            an exception however, for charter cities where these  
            redistricting commissions have the authority to adopt a  
            redistricting plan independent of the city council.  Charter  
            cities are able to establish such commissions because the  
            state Constitution gives charter cities broad authority over  
            the conduct of city elections.

          Charter counties, general law counties and general law cities,  
            on the other hand, are not granted the same level of authority  







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            over the conduct of elections.  Therefore, these jurisdictions  
            are unable to provide for the creation of a redistricting  
            commission that has the authority to adopt a redistricting  
            plan.

          This bill 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.

            Cities and counties that wish to establish independent citizen  
            redistricting commissions should not be prevented from doing  
            so by state law.  This bill will not require any city or  
            county to create such a commission, it merely grants them the  
            authority to do so.

            This bill will also require members of these commissions to  
            comply with conflict of interest restrictions similar to those  
            in place for the CRC.

          Related/Prior Legislation
          
          SB 958 (Lara, 2016), which is pending in the Senate  
          Appropriations Committee, establishes a 14-member CRC in the  
          County of Los Angeles, which would be charged with adjusting the  
          boundary lines of the districts of the Board of Supervisors in  
          accordance with specified criteria.

          SB 1331 (Kehoe, Chapter 508 Statutes of 2012) established a  
          redistricting commission in San Diego County to adjust the  
          boundaries of supervisorial districts after each decennial  
          federal census.


          FISCAL EFFECT:    Appropriation:    No         Fiscal  
          Com.:NoLocal:     No


          SUPPORT:   (Verified5/11/16)


          California Common Cause (source)
          League of California Cities
          League of Women Voters of California







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          OPPOSITION:   (Verified5/3/16)


          None received


          Prepared by:Darren Chesin / E. & C.A. / (916) 651-4106
          5/11/16 15:45:07


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