BILL ANALYSIS Ó
SB 1108
Page 1
SENATE THIRD READING
SB
1108 (Allen)
As Amended June 8, 2016
Majority vote
SENATE VOTE: 34-0
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Elections |5-2 |Weber, Gordon, Low, |Harper, Travis |
| | |Mullin, Nazarian |Allen |
| | | | |
|----------------+-----+----------------------+--------------------|
|Local |6-1 |Eggman, Bonilla, |Beth Gaines |
|Government | |Chiu, Cooley, Gordon, | |
| | |Linder | |
| | | | |
| | | | |
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SUMMARY: Permits a county or a general law city to establish a
commission charged with adjusting the boundaries of
supervisorial districts or city council districts after each
decennial federal census, subject to certain conditions.
Specifically, this bill:
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1)Permits a county or a general law city (hereinafter referred
to as the "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.
2)Permits a local jurisdiction to decide how members are
appointed to an independent commission, but requires the
application process to be open to all eligible residents.
3)Prohibits an independent commission from being comprised
entirely of members who are registered to vote with the same
political party preference.
4)Prohibits a person from being appointed to an independent
commission if that person or a family member has done any of
the following in the preceding eight years:
a) Been elected or appointed to, or a candidate for,
elective office of the local jurisdiction;
b) Served as an officer, employee, or paid consultant of a
political party or of a campaign committee or a candidate
for elective office of the local jurisdiction;
c) Served 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
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local jurisdiction;
e) Been registered to lobby the local jurisdiction; or,
f) Contributed $500 or more in a year to any candidate for
an elective office of the local jurisdiction, provided that
the jurisdiction may adjust this amount to reflect
inflation.
5)Permits the local jurisdiction to impose additional
qualifications and restrictions for members of the independent
commission.
6)Requires each member of an independent commission to be a
designated employee for the purposes of the commission's
conflict of interest code.
7)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 jurisdiction.
8)Prohibits a member, for 10 years following his or her
appointment to an independent commission, from being a
candidate for an elective office of the local jurisdiction.
9)Prohibits a member, for four years following his or her
appointment to an independent commission, from doing any of
the following:
a) Accepting an appointment to an office of the local
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jurisdiction;
b) Accepting employment as a staff member of, or consultant
to, an elected official or candidate for elective office of
the local jurisdiction;
c) Receiving a non-competitively bid contract with the
local jurisdiction; or,
d) Registering as a lobbyist for the local jurisdiction.
10)Requires an independent commission to comply with applicable
provisions of the Brown Act and the Public Records Act.
11)Requires an independent commission to adopt new boundaries
within six months after the final population figures from the
census have been released, but not later than November 1 of
the year following the year in which the census is taken.
12)Requires an independent commission to publish and make
available to the public a map of proposed boundaries for at
least seven days prior to adopting those boundaries. Requires
the commission to hold at least three public hearings prior to
the hearing at which the new boundaries are adopted.
13)Prohibits an independent commission from drawing districts
for the purpose of favoring or discriminating against any
incumbent or political candidate.
14)Prohibits any of the following individuals from serving on an
advisory redistricting commission (advisory commission):
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a) An elected official of the jurisdiction; or,
b) Family, staff, or paid campaign staff of an elected
official of the jurisdiction.
FISCAL EFFECT: None. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS: 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.
"This bill does not force any city or county to create a
commission, it just gives them the authority if they so choose.
The bill also provides, much like our state redistricting
commission, that local commission members may have no familial,
political, or professional relationships with any officeholders
or candidates in the city or county. Following service on the
commission, members may not seek elective office themselves or
employment from an officeholder within the jurisdiction for
specified time periods."
Existing law permits a county or a city to create an advisory
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
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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.
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by:
Ethan Jones / E. & R. / (916) 319-2094 FN:
0003591