BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1108| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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. SB 1108 Page 2 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 SB 1108 Page 3 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. SB 1108 Page 4 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 SB 1108 Page 5 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 SB 1108 Page 6 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 SB 1108 Page 7 OPPOSITION: (Verified5/3/16) None received Prepared by:Darren Chesin / E. & C.A. / (916) 651-4106 5/11/16 15:45:07 **** END ****