Bill Text: CA SB958 | 2015-2016 | Regular Session | Chaptered
Bill Title: County of Los Angeles Citizens Redistricting Commission.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2016-09-28 - Chaptered by Secretary of State. Chapter 781, Statutes of 2016. [SB958 Detail]
Download: California-2015-SB958-Chaptered.html
BILL NUMBER: SB 958 CHAPTERED
BILL TEXT
CHAPTER 781
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2016
APPROVED BY GOVERNOR SEPTEMBER 28, 2016
PASSED THE SENATE AUGUST 30, 2016
PASSED THE ASSEMBLY AUGUST 18, 2016
AMENDED IN ASSEMBLY JUNE 21, 2016
AMENDED IN ASSEMBLY JUNE 8, 2016
AMENDED IN SENATE APRIL 26, 2016
INTRODUCED BY Senators Lara and Hall
FEBRUARY 8, 2016
An act to add Chapter 6.3 (commencing with Section 21530) to
Division 21 of the Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 958, Lara. County of Los Angeles Citizens Redistricting
Commission.
Existing law requires the board of supervisors of each county,
following each decennial federal census, and using that census as a
basis, to adjust the boundaries of any or all of the supervisorial
districts of the county so that the districts are as nearly equal in
population as possible and comply with applicable federal law, and
specifies the procedures the board of supervisors must follow in
adjusting those boundaries. Existing law establishes the Independent
Redistricting Commission in the County of San Diego, which is charged
with adjusting the supervisorial district boundaries for the county.
This bill would establish the Citizens Redistricting Commission in
the County of Los Angeles, which would be charged with adjusting the
boundary lines of the districts of the Board of Supervisors of the
County of Los Angeles. The commission would consist of 14 members who
meet specified qualifications. This bill would require the
commission to adjust the boundaries of the supervisorial districts in
accordance with specified criteria and adopt a redistricting plan,
which would become effective 30 days following its submission to the
county elections official. By increasing the duties on local
officials, the bill would impose a state-mandated local program.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the unique circumstances
facing the County of Los Angeles.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 6.3 (commencing with Section 21530) is added to
Division 21 of the Elections Code, to read:
CHAPTER 6.3. COUNTY OF LOS ANGELES CITIZENS REDISTRICTING
COMMISSION
21530. As used in this chapter, the following terms have the
following meanings:
(a) "Board" means the Board of Supervisors of the County of Los
Angeles.
(b) "Commission" means the Citizens Redistricting Commission in
the County of Los Angeles established pursuant to Section 21532.
(c) "Immediate family member" means a spouse, child, in-law,
parent, or sibling.
21531. There is, in the County of Los Angeles, a Citizens
Redistricting Commission. In the year following the year in which the
decennial federal census is taken, the commission shall adjust the
boundary lines of the supervisorial districts of the board in
accordance with this chapter.
21532. (a) The commission shall be created no later than December
31, 2020, and in each year ending in the number zero thereafter.
(b) The selection process is designed to produce a commission that
is independent from the influence of the board and reasonably
representative of the county's diversity.
(c) The commission shall consist of 14 members. The political
party preferences of the commission members, as shown on the members'
most recent affidavits of registration, shall be as proportional as
possible to the total number of voters who are registered with each
political party in the County of Los Angeles, as determined by
registration at the most recent statewide election. However, the
political party preferences of the commission members are not
required to be exactly the same as the proportion of political party
preferences among the registered voters of the county. At least one
commission member shall reside in each of the five existing
supervisorial districts of the board.
(d) Each commission member shall meet all of the following
qualifications:
(1) Be a resident of the County of Los Angeles.
(2) Be a voter who has been continuously registered in the County
of Los Angeles with the same political party or unaffiliated with a
political party and who has not changed political party affiliation
for five or more years immediately preceding the date of his or her
appointment to the commission.
(3) Have voted in at least one of the last three statewide
elections immediately preceding his or her application to be a member
of the commission.
(4) Within the 10 years immediately preceding the date of
application to the commission, neither the applicant, nor an
immediate family member of the applicant, has done any of the
following:
(A) Been appointed to, elected to, or have been a candidate for
office at the local, state, or federal level representing the County
of Los Angeles, including as a member of the board.
(B) Served as an employee of, or paid consultant for, an elected
representative at the local, state, or federal level representing the
County of Los Angeles.
(C) Served as an employee of, or paid consultant for, a candidate
for office at the local, state, or federal level representing the
County of Los Angeles.
(D) Served as an officer, employee, or paid consultant of a
political party or as an appointed member of a political party
central committee.
(E) Been a registered state or local lobbyist.
(5) Possess experience that demonstrates analytical skills
relevant to the redistricting process and voting rights, and possess
an ability to comprehend and apply the applicable state and federal
legal requirements.
(6) Possess experience that demonstrates an ability to be
impartial.
(7) Possess experience that demonstrates an appreciation for the
diverse demographics and geography of the County of Los Angeles.
(e) An interested person meeting the qualifications specified in
subdivision (d) may submit an application to the county elections
official to be considered for membership on the commission. The
county elections official shall review the applications and eliminate
applicants who do not meet the specified qualifications.
(f) (1) From the pool of qualified applicants, the county
elections official shall select 60 of the most qualified applicants,
taking into account the requirements described in subdivision (c).
The county elections official shall make public the names of the 60
most qualified applicants for at least 30 days. The county elections
official shall not communicate with a member of the board, or an
agent for a member of the board, about any matter related to the
nomination process or applicants before the publication of the list
of the 60 most qualified applicants.
(2) During the period described in paragraph (1), the county
elections official may eliminate any of the previously selected
applicants if the official becomes aware that the applicant does not
meet the qualifications specified in subdivision (d).
(g) (1) After complying with the requirements of subdivision (f),
the county elections official shall create a subpool for each of the
five existing supervisorial districts of the board.
(2) (A) At a regularly scheduled meeting of the board, the
Auditor-Controller of the County of Los Angeles shall conduct a
random drawing to select one commissioner from each of the five
subpools established by the county elections official.
(B) After completing the random drawing pursuant to subparagraph
(A), at the same meeting of the board, the Auditor-Controller shall
conduct a random drawing from all of the remaining applicants,
without respect to subpools, to select three additional
commissioners.
(h) (1) The eight selected commissioners shall review the
remaining names in the subpools of applicants and shall appoint six
additional applicants to the commission.
(2) The six appointees shall be chosen based on relevant
experience, analytical skills, and ability to be impartial, and to
ensure that the commission reflects the county's diversity, including
racial, ethnic, geographic, and gender diversity. However, formulas
or specific ratios shall not be applied for this purpose. The eight
commissioners shall also consider political party preference,
selecting applicants so that the political party preference of the
members of the commission complies with subdivision (c).
21533. (a) A commission member shall apply this chapter in a
manner that is impartial and that reinforces public confidence in the
integrity of the redistricting process.
(b) The term of office of each member of the commission expires
upon the appointment of the first member of the succeeding
commission.
(c) Nine members of the commission shall constitute a quorum. Nine
or more affirmative votes shall be required for any official action.
(d) (1) The commission shall not retain a consultant who would not
be qualified as an applicant pursuant to paragraph (4) of
subdivision (d) of Section 21532.
(2) For purposes of this subdivision, "consultant" means a person,
whether or not compensated, retained to advise the commission or a
commission member regarding any aspect of the redistricting process.
(e) Each commission member shall be a designated employee for
purposes of the conflict of interest code adopted by the County of
Los Angeles pursuant to Article 3 (commencing with Section 87300) of
Chapter 7 of Title 9 of the Government Code.
21534. (a) The commission shall establish single-member
supervisorial districts for the board pursuant to a mapping process
using the following criteria as set forth in the following order of
priority:
(1) Districts shall comply with the United States Constitution and
each district shall have a reasonably equal population with other
districts for the board, except where deviation is required to comply
with the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et
seq.) or allowable by law.
(2) Districts shall comply with the federal Voting Rights Act of
1965 (52 U.S.C. Sec. 10101 et seq.).
(3) Districts shall be geographically contiguous.
(4) The geographic integrity of any city, local neighborhood, or
local community of interest shall be respected in a manner that
minimizes its division to the extent possible without violating the
requirements of paragraphs (1) to (3), inclusive. A community of
interest is a contiguous population that shares common social and
economic interests that should be included within a single district
for purposes of its effective and fair representation. Communities of
interest shall not include relationships with political parties,
incumbents, or political candidates.
(5) To the extent practicable, and where this does not conflict
with paragraphs (1) to (4), inclusive, districts shall be drawn to
encourage geographical compactness such that nearby areas of
population are not bypassed for more distant areas of population.
(b) The place of residence of any incumbent or political candidate
shall not be considered in the creation of a map. Districts shall
not be drawn for purposes of favoring or discriminating against an
incumbent, political candidate, or political party.
(c) (1) The commission shall comply with the Ralph M. Brown Act
(Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of
Title 5 of the Government Code).
(2) Before the commission draws a map, the commission shall
conduct at least seven public hearings, to take place over a period
of no fewer than 30 days, with at least one public hearing held in
each supervisorial district.
(3) After the commission draws a draft map, the commission shall
do both of the following:
(A) Post the map for public comment on the Internet Web site of
the County of Los Angeles.
(B) Conduct at least two public hearings to take place over a
period of no fewer than 30 days.
(4) (A) The commission shall establish and make available to the
public a calendar of all public hearings described in paragraphs (2)
and (3). Hearings shall be scheduled at various times and days of the
week to accommodate a variety of work schedules and to reach as
large an audience as possible.
(B) Notwithstanding Section 54954.2 of the Government Code, the
commission shall post the agenda for the public hearings described in
paragraphs (2) and (3) at least seven days before the hearings. The
agenda for a meeting required by paragraph (3) shall include a copy
of the draft map.
(5) (A) The commission shall arrange for the live translation of a
hearing held pursuant to this chapter in an applicable language if a
request for translation is made at least 24 hours before the
hearing.
(B) For purposes of this paragraph, an "applicable language"
means a language for which the number of residents of the County of
Los Angeles who are members of a language minority is greater than or
equal to 3 percent of the total voting age residents of the county.
(6) The commission shall take steps to encourage county residents
to participate in the redistricting public review process. These
steps may include:
(A) Providing information through media, social media, and public
service announcements.
(B) Coordinating with community organizations.
(C) Posting information on the Internet Web site of the County of
Los Angeles that explains the redistricting process and includes a
notice of each public hearing and the procedures for testifying
during a hearing or submitting written testimony directly to the
commission.
(7) The board 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 to the
public ready access to redistricting data and computer software
equivalent to what is available to the commission members.
(8) The board shall provide for reasonable funding and staffing
for the commission.
(9) All records of the commission relating to redistricting, and
all data considered by the commission in drawing a draft map or the
final map, are public records.
(d) (1) The commission shall adopt a redistricting plan adjusting
the boundaries of the supervisorial districts and shall file the plan
with the county elections official before August 15 of the year
following the year in which each decennial federal census is taken.
(2) The plan shall be effective 30 days after it is filed with the
county elections official.
(3) The plan shall be subject to referendum in the same manner as
ordinances.
(4) The commission shall issue, with the final map, a report that
explains the basis on which the commission made its decisions in
achieving compliance with the criteria described in subdivisions (a)
and (b).
21535. A commission member shall be ineligible for a period of
five years beginning from the date of appointment to hold elective
public office at the federal, state, county, or city level in this
state. A commission member shall be ineligible for a period of three
years beginning from the date of appointment to hold appointive
federal, state, or local public office, to serve as paid staff for,
or as a paid consultant to, the Board of Equalization, the Congress,
the Legislature, or any individual legislator, or to register as a
federal, state or local lobbyist in this state.
SEC. 2. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances facing the County of Los Angeles.
SEC. 3. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
