Bill Text: CA SB1096 | 2011-2012 | Regular Session | Chaptered
Bill Title: Citizens Redistricting Commission.
Spectrum: Bipartisan Bill
Status: (Passed) 2012-09-07 - Chaptered by Secretary of State. Chapter 271, Statutes of 2012. [SB1096 Detail]
Download: California-2011-SB1096-Chaptered.html
BILL NUMBER: SB 1096 CHAPTERED
BILL TEXT
CHAPTER 271
FILED WITH SECRETARY OF STATE SEPTEMBER 7, 2012
APPROVED BY GOVERNOR SEPTEMBER 7, 2012
PASSED THE SENATE MAY 10, 2012
PASSED THE ASSEMBLY AUGUST 16, 2012
AMENDED IN SENATE MAY 1, 2012
AMENDED IN SENATE APRIL 12, 2012
AMENDED IN SENATE MARCH 20, 2012
INTRODUCED BY Committee on Elections and Constitutional Amendments
(Senators Correa (Chair), De León, Gaines, La Malfa, and Lieu)
FEBRUARY 16, 2012
An act to amend Sections 8251, 8252, 8252.5, 8253, and 8253.6 of
the Government Code, relating to redistricting.
LEGISLATIVE COUNSEL'S DIGEST
SB 1096, Committee on Elections and Constitutional Amendments.
Citizens Redistricting Commission.
Under existing law, the Voters FIRST Act and the Voters FIRST Act
for Congress, the Citizens Redistricting Commission is charged with
various duties and responsibilities in connection with redistricting
Assembly, Senate, Board of Equalization, and congressional districts.
Existing law requires the Citizens Redistricting Commission to hire
commission staff, legal counsel, and consultants, as needed, and
requires the Secretary of State to provide support functions to the
Citizens Redistricting Commission until its staff and office are
fully functional.
This bill would, instead, require the State Auditor to provide
support functions to the Citizens Redistricting Commission until its
staff and office are fully functional.
Existing law requires the Governor to include in the Governor's
Budget submitted to the Legislature amounts of funding for the State
Auditor, the Citizens Redistricting Commission, and the Secretary of
State that are sufficient to meet the estimated expenses of each of
those officers or entities in implementing the redistricting process,
and requires the Legislature to make the necessary appropriation in
the Budget Act.
This bill would delete the requirement that the Governor's Budget
include amounts of funding for the Secretary of State in connection
with the redistricting process.
Existing law requires the State Auditor to initiate a process by
which members of the commission are selected, including requirements
that applicants be screened by an Applicant Review Panel comprised of
3 qualified independent auditors, as defined, and that the State
Auditor and Applicant Review Panel meet prescribed deadlines in
selecting members of the commission.
This bill would revise the prescribed deadlines to provide
additional time to select commission members. The bill would redefine
the term "qualified independent auditor" to mean only auditors who
are employed by the Bureau of State Audits and who have been
practicing independent auditors for at least 10 years, thereby
limiting membership on the Applicant Review Panel to auditors who are
employed by the Bureau of State Audits.
Existing law requires that a vacancy on the commission be filled
within 30 days from a specified pool of applicants.
This bill would require that the commission fill a vacancy within
30 days from the specified subpool of applicants if the vacancy
occurs prior to December 31 of a year ending in 2, but within 90 days
if the vacancy occurs on or after December 31 of a year ending in 2.
Existing law requires the commission to take public comment for at
least 14 days from the date that any map is publicly displayed.
This bill would require the commission to publicly display the
first preliminary statewide maps for specified offices no later than
July 1 of a year ending in 1, and would prohibit the public display
of any other map during the 14 days of public comment for those maps.
This bill would require subsequent preliminary statewide maps to be
subject to public comment for at least 7 days, and the final
statewide maps to be subject to public comment for 3 days.
The Voters FIRST Act, an initiative measure, provides that the
Legislature may amend the act to further the act's purposes upon a
2/3 vote of each house and compliance with specified procedural
requirements, including that the bill containing amendments to the
act's provisions be in print for 10 days and that the Legislature not
enact amendments to the act's provisions in a year ending in 0 or 1.
This bill would require that a bill be in print for at least 12
days and additionally prohibit the Legislature from amending the act
in a year ending in 9.
This bill would declare that it furthers the purposes of the act.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8251 of the Government Code is amended to read:
8251. Citizens Redistricting Commission General Provisions.
(a) This chapter implements Article XXI of the California
Constitution by establishing the process for the selection and
governance of the Citizens Redistricting Commission.
(b) For purposes of this chapter, the following terms are defined:
(1) "Commission" means the Citizens Redistricting Commission.
(2) "Day" means a calendar day, except that if the final day of a
period within which an act is to be performed is a Saturday, Sunday,
or holiday, the period is extended to the next day that is not a
Saturday, Sunday, or holiday.
(3) "Panel" means the Applicant Review Panel.
(4) "Qualified independent auditor" means an auditor who is
currently employed by the Bureau of State Audits and has been a
practicing independent auditor for at least 10 years prior to
appointment to the Applicant Review Panel.
(c) The Legislature may not amend this chapter unless all of the
following are met:
(1) By the same vote required for the adoption of the final set of
maps, the commission recommends amendments to this chapter to carry
out its purpose and intent.
(2) The exact language of the amendments provided by the
commission is enacted as a statute approved by a two-thirds vote of
each house of the Legislature and signed by the Governor.
(3) The bill containing the amendments provided by the commission
is in print for at least 12 days before final passage by the
Legislature.
(4) The amendments further the purposes of this act.
(5) The amendments may not be passed by the Legislature in a year
ending in 9, 0, or 1.
SEC. 2. Section 8252 of the Government Code is amended to read:
8252. Citizens Redistricting Commission Selection Process.
(a) (1) By August 15 in each year ending in the number nine, the
State Auditor shall initiate an application process, open to all
registered California voters in a manner that promotes a diverse and
qualified applicant pool.
(2) The State Auditor shall remove from the applicant pool
individuals with conflicts of interest including:
(A) Within the 10 years immediately preceding the date of
application, neither the applicant, nor a member of his or her
immediate family, may have done any of the following:
(i) Been appointed to, elected to, or have been a candidate for
federal or state office.
(ii) Served as an officer, employee, or paid consultant of a
political party or of the campaign committee of a candidate for
elective federal or state office.
(iii) Served as an elected or appointed member of a political
party central committee.
(iv) Been a registered federal, state, or local lobbyist.
(v) Served as paid congressional, legislative, or State Board of
Equalization staff.
(vi) Contributed two thousand dollars ($2,000) or more to any
congressional, state, or local candidate for elective public office
in any year, which shall be adjusted every 10 years by the cumulative
change in the California Consumer Price Index, or its successor.
(B) Staff and consultants to, persons under a contract with, and
any person with an immediate family relationship with the Governor, a
Member of the Legislature, a Member of Congress, or a member of the
State Board of Equalization, are not eligible to serve as commission
members. As used in this subdivision, a member of a person's
"immediate family" is one with whom the person has a bona fide
relationship established through blood or legal relation, including
parents, children, siblings, and in-laws.
(b) The State Auditor shall establish an Applicant Review Panel,
consisting of three qualified independent auditors, that is
responsible for the screening of the applicants. The State Auditor
shall randomly draw names from a pool consisting of all qualified
independent auditors. The State Auditor shall draw until the names of
three qualified independent auditors have been drawn, including one
who is registered with the largest political party in California
based on party registration, one who is registered with the second
largest political party in California based on party registration,
and one who is not registered with either of the two largest
political parties in California. After the drawing, the State Auditor
shall notify the three qualified independent auditors whose names
have been drawn that they have been selected to serve on the panel.
If any of the three qualified independent auditors decline to serve
on the panel, the State Auditor shall resume the random drawing until
three qualified independent auditors who meet the requirements of
this subdivision have agreed to serve on the panel. A member of the
panel shall be subject to the conflict-of-interest provisions set
forth in paragraph (2) of subdivision (a).
(c) Having removed individuals with conflicts of interest from the
applicant pool, the State Auditor shall, no later than March 15 in
each year ending in the number zero, publicize the names in the
applicant pool and provide copies of their applications to the
Applicant Review Panel.
(d) From the applicant pool, the Applicant Review Panel shall
select 60 of the most qualified applicants, including 20 who are
registered with the largest political party in California based on
registration, 20 who are registered with the second largest political
party in California based on registration, and 20 who are not
registered with either of the two largest political parties in
California based on registration. These subpools shall be created on
the basis of relevant analytical skills, ability to be impartial, and
appreciation for California's diverse demographics and geography.
The members of the panel shall not communicate with any State Board
of Equalization member, Senator, Assembly Member, congressional
member, or their representatives, about any matter related to the
nomination process or applicants prior to the presentation by the
panel of the pool of recommended applicants to the Secretary of the
Senate and the Chief Clerk of the Assembly.
(e) By May 15 in each year ending in the number zero, the
Applicant Review Panel shall present its subpools of recommended
applicants to the Secretary of the Senate and the Chief Clerk of the
Assembly. No later than June 30 in each year ending in the number
zero, the President pro Tempore of the Senate, the Minority Floor
Leader of the Senate, the Speaker of the Assembly, and the Minority
Floor Leader of the Assembly may each strike up to two applicants
from each subpool of 20 for a total of eight possible strikes per
subpool. After all legislative leaders have exercised their strikes,
the Secretary of the Senate and the Chief Clerk of the Assembly shall
jointly present the pool of remaining names to the State Auditor.
(f) No later than July 5 in each year ending in the number zero,
the State Auditor shall randomly draw eight names from the remaining
pool of applicants as follows: three from the remaining subpool of
applicants registered with the largest political party in California
based on registration, three from the remaining subpool of applicants
registered with the second largest political party in California
based on registration, and two from the remaining subpool of
applicants who are not registered with either of the two largest
political parties in California based on registration. These eight
individuals shall serve on the Citizens Redistricting Commission.
(g) No later than August 15 in each year ending in the number
zero, the eight commissioners shall review the remaining names in the
subpools of applicants and appoint six applicants to the commission
as follows: two from the remaining subpool of applicants registered
with the largest political party in California based on registration,
two from the remaining subpool of applicants registered with the
second largest political party in California based on registration,
and two from the remaining subpool of applicants who are not
registered with either of the two largest political parties in
California based on registration. The six appointees must be approved
by at least five affirmative votes which must include at least two
votes of commissioners registered from each of the two largest
parties and one vote from a commissioner who is not affiliated with
either of the two largest political parties in California. The six
appointees shall be chosen to ensure the commission reflects this
state's diversity, including, but not limited to, racial, ethnic,
geographic, and gender diversity. However, it is not intended that
formulas or specific ratios be applied for this purpose. Applicants
shall also be chosen based on relevant analytical skills and ability
to be impartial.
SEC. 3. Section 8252.5 of the Government Code is amended to read:
8252.5. Citizens Redistricting Commission Vacancy, Removal,
Resignation, Absence.
(a) In the event of substantial neglect of duty, gross misconduct
in office, or inability to discharge the duties of office, a member
of the commission may be removed by the Governor with the concurrence
of two-thirds of the Members of the Senate after having been served
written notice and provided with an opportunity for a response. A
finding of substantial neglect of duty or gross misconduct in office
may result in referral to the Attorney General for criminal
prosecution or the appropriate administrative agency for
investigation.
(b) (1) Any vacancy, whether created by removal, resignation, or
absence, in the 14 commission positions that occurs prior to December
31 of a year ending in the number two shall be filled by the
commission within the 30 days after the vacancy occurs, from the
subpool of applicants of the same voter registration category as the
vacating nominee that was remaining after all legislative leaders
exercised their strikes pursuant to subdivision (e) of Section 8252.
(2) Any vacancy, whether created by removal, resignation, or
absence, in the 14 commission positions that occurs on or after
December 31 of a year ending in the number two shall be filled by the
commission within the 90 days after the vacancy occurs, from the
subpool of applicants of the same voter registration category as the
vacating nominee that was remaining after all legislative leaders
exercised their strikes pursuant to subdivision (e) of Section 8252.
(3) If none of those remaining applicants are available for
service, the State Auditor shall establish a new subpool for the same
voter registration category in accordance with Section 8252.
SEC. 4. Section 8253 of the Government Code is amended to read:
8253. Citizens Redistricting Commission Miscellaneous Provisions.
(a) The activities of the Citizens Redistricting Commission are
subject to all of the following:
(1) The commission shall comply with the Bagley-Keene Open Meeting
Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part
1 of Division 3), or its successor. The commission shall provide not
less than 14 days' public notice for each meeting held for the
purpose of receiving public input testimony, except that meetings
held in August in the year ending in the number one may be held with
three days' notice.
(2) The records of the commission pertaining to redistricting and
all data considered by the commission are public records that will be
posted in a manner that ensures immediate and widespread public
access.
(3) Commission members and staff may not communicate with or
receive communications about redistricting matters from anyone
outside of a public hearing. This paragraph does not prohibit
communication between commission members, staff, legal counsel, and
consultants retained by the commission that is otherwise permitted by
the Bagley-Keene Open Meeting Act or its successor outside of a
public hearing.
(4) The commission shall select by the voting process prescribed
in paragraph (5) of subdivision (c) of Section 2 of Article XXI of
the California Constitution one of their members to serve as the
chair and one to serve as vice chair. The chair and vice chair shall
not be of the same party.
(5) The commission shall hire commission staff, legal counsel, and
consultants as needed. The commission shall establish clear criteria
for the hiring and removal of these individuals, communication
protocols, and a code of conduct. The commission shall apply the
conflicts of interest listed in paragraph (2) of subdivision (a) of
Section 8252 to the hiring of staff to the extent applicable. The
State Auditor shall provide support functions to the commission until
its staff and office are fully functional. Any individual employed
by the commission shall be exempt from the civil service requirements
of Article VII of the California Constitution. The commission shall
require that at least one of the legal counsel hired by the
commission have demonstrated extensive experience and expertise in
implementation and enforcement of the federal Voting Rights Act of
1965 (42 U.S.C. Sec. 1971 et seq.). The commission shall make hiring,
removal, or contracting decisions on staff, legal counsel, and
consultants by nine or more affirmative votes including at least
three votes of members registered from each of the two largest
parties and three votes from members who are not registered with
either of the two largest political parties in California.
(6) Notwithstanding any other provision of law, no employer shall
discharge, threaten to discharge, intimidate, coerce, or retaliate
against any employee by reason of that employee's attendance or
scheduled attendance at any meeting of the commission.
(7) The commission shall establish and implement an open hearing
process for public input and deliberation that shall be subject to
public notice and promoted through a thorough outreach program to
solicit broad public participation in the redistricting public review
process. The hearing process shall include hearings to receive
public input before the commission draws any maps and hearings
following the drawing and display of any commission maps. In
addition, hearings shall be supplemented with other activities as
appropriate to further increase opportunities for the public to
observe and participate in the review process. The commission shall
display the maps for public comment in a manner designed to achieve
the widest public access reasonably possible. Public comment shall be
taken for at least 14 days from the date of public display of the
first preliminary statewide maps of the congressional, State
Senatorial, Assembly, and State Board of Equalization districts,
which shall be publicly displayed no later than July 1 in each year
ending in the number one. The commission shall not display any other
map for public comment during the 14-day period. The first
preliminary statewide maps and all subsequent statewide maps shall
comply, to the extent practicable, with the criteria set forth in
subdivision (d) of Section 2 of Article XXI of the California
Constitution. Public comment shall be taken for at least seven days
from the date of public display of any subsequent preliminary
statewide maps and for at least three days from the date of public
display of any final statewide maps.
(b) The Legislature shall take all steps necessary to ensure that
a complete and accurate computerized database is available for
redistricting, and that procedures are in place to provide the public
ready access to redistricting data and computer software for drawing
maps. Upon the commission's formation and until its dissolution, the
Legislature shall coordinate these efforts with the commission.
SEC. 5. Section 8253.6 of the Government Code is amended to read:
8253.6. Citizens Redistricting Commission Budget, Fiscal
Oversight.
(a) In each year ending in nine, the Governor shall include in the
Governor's Budget submitted to the Legislature pursuant to Section
12 of Article IV of the California Constitution amounts of funding
for the State Auditor and the Citizens Redistricting Commission that
are sufficient to meet the estimated expenses of each of those
officers or entities in implementing the redistricting process
required by this act for a three-year period, including, but not
limited to, adequate funding for a statewide outreach program to
solicit broad public participation in the redistricting process,
including the solicitation of applicants. The Governor shall also
make adequate office and meeting space available for the operation of
the commission. The Legislature shall make the necessary
appropriation in the Budget Act, and the appropriation shall be
available during the entire three-year period. The appropriation made
shall be equal to the greater of three million dollars ($3,000,000),
or the amount expended pursuant to this subdivision in the
immediately preceding redistricting process, as each amount is
adjusted by the cumulative change in the California Consumer Price
Index, or its successor, since the date of the immediately preceding
appropriation made pursuant to this subdivision. The Legislature may
make additional appropriations in any year in which it determines
that the commission requires additional funding in order to fulfill
its duties.
(b) The commission, with fiscal oversight from the Department of
Finance or its successor, shall have procurement and contracting
authority and may hire staff and consultants, exempt from the civil
service requirements of Article VII of the California Constitution,
for the purposes of this act, including legal representation.
SEC. 6. The Legislature finds and declares that this bill furthers
the purposes of the Voters FIRST Act within the meaning of paragraph
(4) of subdivision (c) of Section 8251 of the Government Code.
