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