BILL ANALYSIS Ó SB 1108 Page 1 SENATE THIRD READING SB 1108 (Allen) As Amended June 8, 2016 Majority vote SENATE VOTE: 34-0 ------------------------------------------------------------------ |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 | | | | | | | | | | | | ------------------------------------------------------------------ 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: SB 1108 Page 2 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 SB 1108 Page 3 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 SB 1108 Page 4 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): SB 1108 Page 5 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 SB 1108 Page 6 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