BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1108


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          Date of Hearing:  June 29, 2016


                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT


                           Susan Talamantes Eggman, Chair


          SB  
          1108 (Allen) - As Amended June 8, 2016


          SENATE VOTE:  34-0


          SUBJECT:  Elections:  state and local reapportionment.


          SUMMARY:  Allows a county or a general law city to establish an  
          independent redistricting commission with the power to adopt  
          district boundaries of the county's or city's legislative body.   
          Specifically, this bill:  


          1)Allows a county or a general law city (local jurisdiction), by  
            resolution or ordinance, to establish an independent  
            redistricting commission (independent commission) that has the  
            power to adopt the district boundaries of the legislative body  
            of the jurisdiction.


          2)Provides that the following conditions shall apply to the  
            selection of members of an independent commission that is  
            created in accordance with this bill:


             a)   Allows the local jurisdiction to prescribe the manner in  
               which members are appointed to the independent commission,  








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               provided that the application process must be open to all  
               eligible residents;


             b)   Prohibits an independent commission from being comprised  
               entirely of members who are registered to vote with the  
               same political party preference;


             c)   Prohibits a person from being appointed to the  
               independent commission if that person or a family member of  
               that person has done any of the following in the preceding  
               eight years:


               i)     Been elected or appointed to, or been a candidate  
                 for, an elective office of the local jurisdiction;


               ii)    Served as an officer, employee, or paid consultant  
                 of a campaign committee or a candidate for elective  
                 office of the local jurisdiction;


               iii)   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;


               iv)    Served as a staff member of, consultant to, or  
                 contracted with, a currently-serving elected officer of  
                 the local jurisdiction;


               v)     Been registered to lobby the local jurisdiction; or,


               vi)    Contributed $500 or more in a year to any candidate  
                 for an elective office of the local jurisdiction,  








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                 provided that the local jurisdiction may adjust this  
                 amount to reflect changes in the California Consumer  
                 Price Index, as specified; and,


             d)   Allows the local jurisdiction to impose additional  
               qualifications and restrictions for members of the  
               independent commission in excess of those otherwise  
               required by this bill.


          3)Imposes the following requirements on members of an  
            independent commission that is created in accordance with this  
            bill:


             a)   Requires each independent commission member to be a  
               designated employee for the purposes of the conflict of  
               interest code of the independent commission, as specified,  
               thereby requiring members to file statements of economic  
               interests and to comply with specified state laws regarding  
               conflicts of interests and limits on gifts and honoraria;


             b)   Prohibits a member, while serving on the independent  
               commission, from endorsing, working for, volunteering for,  
               or making a campaign contribution to, a candidate for  
               elective office of the local jurisdiction;


             c)   Prohibits a member, for 10 years following his or her  
               appointment to the independent commission, from being a  
               candidate for an elective office of the local jurisdiction;  
               and,


             d)   Prohibits a member, for four years following his or her  
               appointment to the independent commission, from doing any  
               of the following:








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               i)     Accepting an appointment to an office of the local  
                 jurisdiction;


               ii)    Accepting employment as a staff member of, or  
                 consultant to, an elected official or candidate for  
                 elective office of the local jurisdiction;


               iii)   Receiving a non-competitively bid contract with the  
                 local jurisdiction; or,


               iv)    Registering as a lobbyist for the local  
                 jurisdiction.


          4)Imposes the following requirements on the conduct of an  
            independent commission that is created in accordance with this  
            bill:


             a)   Requires the independent commission to comply with  
               applicable provisions of the Ralph M. Brown Act and the  
               Public Records Act;


             b)   Requires the independent commission to 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;


             c)   Requires a map of proposed boundaries to be published  
               and made available to the public for at least seven days  








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               prior to being adopted;


             d)   Requires the independent commission to hold at least  
               three public hearings prior to the hearing at which the new  
               boundaries are adopted; and,


             e)   Prohibits the independent commission from drawing  
               districts for the purpose of favoring or discriminating  
               against any incumbent or political candidate.


          5)Prohibits any of the following individuals from serving on an  
            advisory redistricting commission (advisory commission) that  
            is otherwise established in accordance with existing law:


             a)   An elected official of the jurisdiction; or,


             b)   A family member, staff member, or paid campaign staff of  
               an elected official of the jurisdiction.


          6)Requires an advisory commission to 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.


          7)Defines "family member," for the purposes of this bill, as a  
            spouse, registered domestic partner, parent, sibling, child,  
            or in-law.










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          8)Makes conforming and technical changes.


          EXISTING LAW:  


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

          2)Allows the board of supervisors of a county or the city  
            council of a city to appoint a committee composed of residents  
            of the county or city, respectively, to study the matter of  
            changing the boundaries of supervisorial or council districts,  
            as appropriate.  Provides that recommendations of the  
            committee are advisory only.

          3)Establishes a procedure for a county to adopt a charter by a  
            majority vote of its electors voting on the question.   

          4)Provides that counties that have adopted charters are subject  
            to statutes that relate to apportioning population of  
            governing body districts. 


          FISCAL EFFECT:  None


          COMMENTS:  


          1)Bill Summary.  This bill allows counties and general law  
            cities to establish independent redistricting commissions that  
            have the power to draw district boundaries.  The bill  
            establishes requirements for the selection of independent  








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            commission members, their conduct, and the conduct of the  
            independent commission itself.  The bill also prohibits a  
            number of individuals from serving on an advisory commission  
            that is established pursuant to current law.  This bill is  
            sponsored by California Common Cause.


          2)Author's Statement.  According to the author, "Existing law  
            permits cities and counties to create redistricting  
            commissions but limits these commissions to making  
            recommendations on an advisory basis only.  They cannot  
            actually establish the new districts.  The lone exception to  
            this are charter cities.  SB 1108 would permit all cities and  
            counties to establish redistricting commissions that actually  
            have the authority to establish new council and supervisorial  
            districts.  


            "In 2012, San Diego County wanted to create one of these  
            empowered redistricting commissions but had to seek special  
            legislation to do so.  This should not be the case.  Cities  
            and counties that wish to take the admirable step of creating  
            independent redistricting commissions made up of local  
            residents should be free to do so without having to seek our  
            permission.  This bill does not force any city or county to  
            create a commission, it just gives them the authority if they  
            so choose." 





          3)Background.  The California Citizens Redistricting Commission  
            (CRC) was created by Proposition 11, which voters approved in  
            2008.  The CRC is responsible for establishing district lines  
            for the Assembly, Senate, and Board of Equalization.   
            Proposition 11 also modified the criteria used when drawing  
            district lines.  Proposition 20, approved by voters in 2010,  
            gave the CRC the responsibility for establishing lines for  








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            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.


            Existing law allows a county or a city to create an advisory  
            redistricting commission (described in state law as a  
            "committee" of residents of the jurisdiction), but does not  
            expressly permit local jurisdictions to create commissions  
            that have the authority to establish district boundaries.   
            Instead, the authority to establish district boundaries for a  
            local jurisdiction generally is held by the governing body of  
            that jurisdiction.  Charter cities are able to establish  
            redistricting commissions that have the authority to establish  
            district boundaries 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.   
            As a result, a number of California cities have established  
            redistricting commissions to adjust city council districts  
            following each decennial census.





            Charter counties, on the other hand, are not granted the same  
            level of authority over the conduct of county elections.  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  
            constitutional provision, charter counties are unable to  
            provide for the creation of a redistricting commission that  
            has the authority to establish district boundaries, unless  
            statutory authority is provided to allow a county to have such  
            a commission.









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            The Legislature granted such authority in 2012, when it passed  
            SB 1331 (Kehoe), Chapter 508, Statutes of 2012, which  
            established a redistricting commission in San Diego County and  
            charged it with adjusting the boundaries of supervisorial  
            districts after each decennial federal census.  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 chosen from among  
            qualified applicants through a random drawing.


          4)Related Legislation.  SB 958 (Lara), which is also being heard  
            in this committee today, establishes a redistricting  
            commission in Los Angeles County and charges it with adjusting  
            the boundaries of supervisorial districts after each decennial  
            federal census.


          5)Previous Legislation.  SB 1331 (Kehoe), Chapter 508, Statutes  
            of 2012, gave San Diego County the authority to establish a  
            redistricting commission, charged with adjusting the  
            boundaries of supervisorial districts after each decennial  
            federal census.


          6)Arguments in Support.  California Common Cause, sponsor of  
            this bill, writes, "The commission approach which voters  
            approved with Prop. 11 is a redistricting best practice.   
            There has been considerable interest in extending the  
            commission model to the local level.  Already several charter  
            cities have exercised their home rule powers to adopt  
            independent commissions?Unfortunately, under current law,  
            general law cities and counties cannot establish independent  
            commissions with the power to adopt new district boundaries.   
            For this reason, when San Diego County wanted to establish an  








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            independent commission in 2012 it had to seek special  
            authorization from the Legislature?SB 1108 eliminates this  
            needless state barrier to local redistricting by giving cities  
            and counties the power to establish their own independent  
            redistricting commissions, if they so choose."


          7)Arguments in Opposition.  None on file.


          8)Double-Referral.  This bill was heard by the Elections and  
            Redistricting Committee on 


          June 15, 2016, where it passed with a 5-2 vote.
          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Common Cause [SPONSOR]


          California Forward Action Fund


          League of California Cities


          League of Women Voters of California




          Opposition









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          None on file




          Analysis Prepared by:Angela Mapp / L. GOV. / (916)  
          319-3958