California Senate Bill SB1096 Amended / Bill

 BILL NUMBER: SB 1096AMENDED BILL TEXT AMENDED IN SENATE MARCH 20, 2012 INTRODUCED BY Committee on Elections and Constitutional Amendments (Senators Correa (Chair), De Len, Gaines, La Malfa, and Lieu) FEBRUARY 16, 2012 An act to amend  Section 8251   Sections 8253 and 8253.6  of the Government Code, relating to redistricting. LEGISLATIVE COUNSEL'S DIGEST SB 1096, as amended, 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  , as specified  . Existing law  establishes the process for the selection and governance of   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  make a technical, nonsubstantive amendment to these provisions   , 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.   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.   This bill would declare that it furthers the purposes of the act.  Vote:  majority   2/3  . Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   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 of Title 2)   3)  , or its successor. The commission shall provide not less than 14 days' public notice for each meeting, except that meetings held in September 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  Secretary of  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  has   have  demonstrated extensive experience and expertise in implementation and enforcement of the federal Voting Rights Act of 1965 (42 U.S.C. Sec. 1971  and following)   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  such   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 any map. (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. 2.   Section 8253.6 of the   Government Code   is amended to read:  8253.6. Citizens Redistricting Commission Budget, Fiscal Oversight. (a) In  2009, and in  each year ending in nine  thereafter  , 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  , 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 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. The Governor shall also make adequate office 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  proceeding   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. 3.   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.   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 licensed by the California Board of Accountancy 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 10 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 zero or 1.