BILL NUMBER: SCA 8	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 9, 2015

INTRODUCED BY   Senator Mendoza
   (Coauthors: Senators Beall, De León, Hueso, McGuire, and Runner)


                        MAY 11, 2015

   A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending Sections 1
and 4 of, and adding Section 4.5 to, Article XI, relating to
counties.



	LEGISLATIVE COUNSEL'S DIGEST


   SCA 8, as amended, Mendoza.  Charter counties: 
 Counties:  board of supervisors: redistricting.
   The California Constitution requires that a county charter provide
for a governing body of 5 or more members, elected (1) by district
or, (2) at large, or (3) at large with a requirement that they reside
in a district, and to provide for the compensation, terms, and
removal of members of the governing body. The California Constitution
also provides that charter counties are subject to statutes that
relate to apportioning population of governing body districts.
Existing law requires, following each decennial federal census and
using that census as a basis, the board of supervisors of a county 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 may be and comply with applicable provisions of federal law. 

   Existing law also requires a general law county to have a board of
supervisors consisting of 5 members, and requires, except as
provided, each member of the board of supervisors to be elected by
the district which the member represents. 
   This measure would require the county charter, in a county with a
population of more than 2,000,000 at a decennial United States census
beginning with the 2020 United States census, to provide for a
governing body consisting of 7 or more members. The measure would
also require in such a county, the county charter to provide that the
expenditures for the governing body and its staff may not exceed,
for any subsequent fiscal year, the lesser of the amount budgeted for
that purpose for the  2020-21   2020-21 
fiscal year or the amount that has the same proportion to total
county expenditures as the expenditures for that purpose had to the
total county budget in the  2020-21   2020-21
 fiscal year.  This measure would also extend these
requirements to a general law county   with a population of
more than 2,000,000 at a decennial United States census, beginning
with the 2020 United States census   . 
   This measure would require, on and after January 1, 2021, a county
charter to provide for members to be elected by district with a
requirement that the member reside in a district  , and would
impos   e that requirement on all general law counties 
.
   As described above, the California Constitution requires that a
county charter provide for the compensation of members of the
governing body. The California Constitution also requires that, if a
county charter provides for the Legislature to prescribe the salary
of the governing body, the salary be prescribed by the governing body
by ordinance.
   This bill would repeal that latter provision on January 1, 2021.
   This measure would also make other technical, nonsubstantive
changes.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.



   WHEREAS, California's counties are governed by elected members of
a board of  supervisors,   supervisors; 
and
   WHEREAS, The number of members of the board of supervisors in most
counties has remained unchanged for more than a century despite
enormous increases in the county's population which, in some cases,
are greater than the population of individual states in the 
union,   union;  and
   WHEREAS, It is a well-recognized principle that residents are more
efficiently able to access their representatives for assistance for
services and to hold them better accountable when the ratio of
residents to each elected representative on a governing body is
smaller rather than  larger,   larger;  and

   WHEREAS, It is important to restrain the costs of governance by
restricting the fiscal impact of any increase in the number of
members of any county's board of  supervisors,  
supervisors;  and
   WHEREAS, It is therefore the intent of the people, in adopting
this measure, to make all of the following changes with regard to the
county board of supervisors in each county having a population of
more than 2,000,000 at each decennial United States census:
   (a) To increase democratic representation by substantially
reducing the population in each supervisorial district;
   (b) By establishing smaller supervisorial districts, to provide
greater opportunities for public participation in local government
that provide safety, health, transportation, and other vital
services;
   (c) In order to control the size of government, reduce unnecessary
expenditures, and increase efficiency through smaller supervisorial
districts, to reduce the office budgets currently allocated for each
member of the board of supervisors; now, therefore, be it
   Resolved by the Senate, the Assembly concurring, That the
Legislature of the State of California at its  2015-16
  2015-16  Regular Session commencing on the first
day of December 2014, two-thirds of the membership of each house
concurring, hereby proposes to the people of the State of California,
that the Constitution of the State be amended as follows:
  First--  That Section 1 of Article XI thereof is amended to read:
      SEC. 1.  (a) The State is divided into counties which are legal
subdivisions of the State. The Legislature shall prescribe uniform
procedure for county formation, consolidation, and boundary change.
Formation or consolidation requires approval by a majority of
electors voting on the question in each affected county. A boundary
change requires approval by the governing body of each affected
county. No county seat shall be removed unless two-thirds of the
qualified electors of the county, voting on the proposition at a
general election, shall vote in favor of such removal. A proposition
of removal shall not be submitted in the same county more than once
in four years.
   (b) The Legislature shall provide for county powers, an elected
county sheriff, an elected district attorney, an elected assessor,
and an elected governing body in each county. Except as provided in
paragraph (2) of subdivision (a) of Section 4 of this article, each
governing body shall prescribe by ordinance the compensation of its
members, but the ordinance prescribing such compensation shall be
subject to referendum. The Legislature or the governing body may
provide for other officers whose compensation shall be prescribed by
the governing body. The governing body shall provide for the number,
compensation, tenure, and appointment of employees.
  Second--  That Section 4 of Article XI thereof is amended to read:
      SEC. 4.  (a) County charters shall provide for:
   (1) Except as otherwise provided in Section 4.5, a governing body
of  5   five  or more members, elected by
district, with a requirement that the member reside in a district.
Charter counties are subject to statutes that relate to apportioning
population of governing body districts.
   (2) The compensation, terms, and removal of members of the
governing body, subject to Section 4.5.
   (3) An elected sheriff, an elected district attorney, an elected
assessor, other officers, their election or appointment,
compensation, terms and removal.
   (4) The performance of functions required by statute.
   (5) The powers and duties of governing bodies and all other county
officers, and for consolidation and segregation of county officers,
and for the manner of filling all vacancies occurring in those
offices.
   (6) The fixing and regulation by governing bodies, by ordinance,
of the appointment and number of assistants, deputies, clerks,
attachés, and other persons to be employed, and for the prescribing
and regulating by such bodies of the powers, duties, qualifications,
and compensation of such persons, the times at which, and terms for
which they shall be appointed, and the manner of their appointment
and removal.
   (7) Whenever any county has framed and adopted a charter, and the
charter has been approved by the Legislature as provided in this
section, the general laws adopted by the Legislature pursuant to
subdivision (b) of Section 1 of this article, shall, as to that
county, be superseded by that charter as to matters for which, under
this section it is competent to make provision in the charter, and
for which provision is made in the charter, except as otherwise
expressly provided in this section.
   (8) Charter counties shall have all the powers that are provided
by this Constitution or by statute for counties.
   (b) The changes made by the act adding this subdivision shall
apply on and after January 1, 2021.
  Third--  That Section 4.5 is added to Article XI thereof, to read:
      SEC. 4.5.   In 
    (a)     In  a county with a population
of more than 2,000,000 at a decennial United States census,
beginning with the 2020 United States census, the county charter
shall provide as follows: 
   (a) 
    (1)  The governing body shall consist of  7
  seven  or more members.  
members, elected by district, with a requirement that the member
reside in a district, and subject to statutes that relate to
apportioning the population of governing body districts. 

   (b) 
    (2)  The expenditures for the governing body and its
staff may not exceed, for any subsequent fiscal year, the lesser of
the amount budgeted for that purpose for the  2020-21
  2020-21  fiscal year or the amount that has the
same proportion to total county expenditures as the expenditures for
that purpose had to the total county budget in the  2020-21
  2020-21  fiscal year. 
   (b) (1) Each general law county with a population of more than
2,000,000 at a decennial United States census, beginning with the
2020 United States census, shall have a governing body consisting of
seven or more members. Any county described in this subdivision shall
be subject to statutes that relate to apportioning the population of
governing body districts.  
   (2) For each general law county with a population of more than
2,000,000 at a decennial United States census, beginning with the
2020 United States census, the expenditures for the governing body
and its staff may not exceed, for any subsequent fiscal year, the
lesser of the amount budgeted for that purpose for the 2020-21 fiscal
year or the amount that has the same proportion to total county
expenditures as the expenditures for that purpose had to the total
county budget in the 2020-21 fiscal year.  
   (3) On and after January 1, 2021, the members of a governing body
of a general law county shall be elected by district, and the member
shall reside in that district.