BILL ANALYSIS Ó SB 1108 Page 1 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, SB 1108 Page 2 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, SB 1108 Page 3 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: SB 1108 Page 4 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 SB 1108 Page 5 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. SB 1108 Page 6 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 SB 1108 Page 7 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 SB 1108 Page 8 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. SB 1108 Page 9 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 SB 1108 Page 10 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 SB 1108 Page 11 None on file Analysis Prepared by:Angela Mapp / L. GOV. / (916) 319-3958