Bill Text: CA SB1108 | 2015-2016 | Regular Session | Chaptered
Bill Title: Elections: state and local reapportionment.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2016-09-28 - Chaptered by Secretary of State. Chapter 784, Statutes of 2016. [SB1108 Detail]
Download: California-2015-SB1108-Chaptered.html
BILL NUMBER: SB 1108 CHAPTERED
BILL TEXT
CHAPTER 784
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2016
APPROVED BY GOVERNOR SEPTEMBER 28, 2016
PASSED THE SENATE AUGUST 24, 2016
PASSED THE ASSEMBLY AUGUST 18, 2016
AMENDED IN ASSEMBLY JUNE 8, 2016
AMENDED IN SENATE MAY 4, 2016
INTRODUCED BY Senator Allen
(Coauthor: Senator Hertzberg)
FEBRUARY 17, 2016
An act to add Chapter 9 (commencing with Section 23000) to
Division 21 of, and to repeal Sections 21505 and 21605 of, the
Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 1108, Allen. Elections: state and local reapportionment.
Existing law authorizes a county board of supervisors to appoint a
committee, composed of county residents, to study the matter of
changing the boundaries of its supervisorial districts. Existing law
directs a committee created pursuant to that provision to report its
findings to the board of supervisors, as specified, and it expressly
states that recommendations of the committee are advisory only.
Existing law similarly authorizes a city council to appoint a
committee, composed of city residents, to study the matter of
changing the boundaries of its council districts, directs a committee
so created to report its findings to the city council, and expressly
states that recommendations of the committee are advisory only.
This bill would delete those provisions and instead authorize a
county or general law city to establish a commission, composed of
residents of the county or city, to either change the boundaries of
the districts or recommend to the governing body changes to the
boundaries of the districts. The bill would also require an advisory
commission that recommends changes to district boundaries to report
to the governing body its findings on the need for changes to the
boundaries. For a commission empowered to change district boundaries,
this bill would prohibit the appointment of a person or family
member, as defined, of a person who engaged in specified activities
during the preceding 8 years, and it would also prohibit commission
members from engaging in specified activities while serving and for a
specified period of time after serving.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21505 of the Elections Code is repealed.
SEC. 2. Section 21605 of the Elections Code is repealed.
SEC. 3. Chapter 9 (commencing with Section 23000) is added to
Division 21 of the Elections Code, to read:
CHAPTER 9. ADVISORY AND INDEPENDENT REDISTRICTING COMMISSIONS
23000. For purposes of this chapter, the following terms have the
following meanings:
(a) "Advisory redistricting commission" means a body that
recommends to a legislative body placement of the district boundaries
for that legislative body.
(b) "Family member" means a spouse, registered domestic partner,
parent, sibling, child, or in-law.
(c) "Independent redistricting commission" means a body, other
than a legislative body, that is empowered to adopt the district
boundaries of a legislative body.
(d) "Legislative body" means either a city council of a general
law city or a county board of supervisors.
(e) "Local jurisdiction" means either a general law city or a
county.
23001. A local jurisdiction may establish by resolution or
ordinance an independent redistricting commission or an advisory
redistricting commission composed of residents of the local
jurisdiction to change the legislative body's district boundaries or
to recommend to the legislative body changes to those district
boundaries.
23002. (a) This section applies to advisory redistricting
commissions.
(b) Notwithstanding any other law, the local jurisdiction may
prescribe the manner in which members are appointed to the
commission.
(c) A person who is an elected official of the local jurisdiction,
or a family member, staff member, or paid campaign staff of an
elected official of the local jurisdiction, shall not be appointed to
serve on the commission.
(d) The commission shall 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.
23003. (a) This section applies to independent redistricting
commissions.
(b) Notwithstanding any other law, the local jurisdiction may
prescribe the manner in which members are appointed to the
commission, provided that the jurisdiction uses an application
process open to all eligible residents. A local jurisdiction may also
impose additional qualifications and restrictions on members of the
commission in excess of those prescribed by this section.
(c) A person, or the family member of a person, who has done any
of the following in the preceding eight years, shall not be appointed
to serve on a commission:
(1) Been elected or appointed to, or been a candidate for, an
elective office of the local jurisdiction.
(2) Served as an officer of, employee of, or paid consultant to, a
campaign committee or a candidate for elective office of the local
jurisdiction.
(3) Served as an officer of, employee of, or paid consultant to, a
political party or as an elected or appointed member of a political
party central committee.
(4) Served as a staff member of, consultant to, or contracted
with, a currently serving elected officer of the local jurisdiction.
(5) Been registered to lobby the local jurisdiction.
(6) Contributed five hundred dollars ($500) or more in a year to
any candidate for an elective office of the local jurisdiction. The
local jurisdiction may adjust this amount by the cumulative change in
the California Consumer Price Index, or its successor, in every year
ending in zero.
(d) A member of the commission shall not do any of the following:
(1) While serving on the commission, endorse, work for, volunteer
for, or make a campaign contribution to, a candidate for an elective
office of the local jurisdiction.
(2) Be a candidate for an elective office of the local
jurisdiction for 10 years commencing with the date of his or her
appointment to the commission.
(3) For four years commencing with the date of his or her
appointment to the commission:
(A) Accept an appointment to an office of the local jurisdiction.
(B) Accept employment as a staff member of, or consultant to, an
elected official or candidate for elective office of the local
jurisdiction.
(C) Receive a noncompetitively bid contract with the local
jurisdiction.
(D) Register as a lobbyist for the local jurisdiction.
(e) A commission established pursuant to this section shall not be
comprised entirely of members who are registered to vote with the
same political party preference.
(f) Each member of the commission shall be a designated employee
in the conflict of interest code for the commission pursuant to
Article 3 (commencing with Section 87300) of Chapter 7 of Title 9 of
the Government Code.
(g) The commission is subject to the Ralph M. Brown Act (Chapter 9
(commencing with Section 54950) of Part 1 of Division 2 of Title 5
of the Government Code) and the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code).
(h) The commission shall 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. A map of the proposed boundaries shall be published and made
available to the public for at least seven days before being adopted.
Before adopting new boundaries, the commission shall hold at least
three public hearings preceding the hearing at which the new
boundaries are adopted. The commission shall not draw districts for
the purpose of favoring or discriminating against an incumbent or
political candidate.
