Bill Text: CA AB1676 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Elected officials: residency requirements.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed - Dead) 2010-10-08 - Assembly Rule 77 suspended. (Page 7173.) Assembly refused to concur in Senate amendments. (Ayes 42. Noes 12. Page 7177.) [AB1676 Detail]

Download: California-2009-AB1676-Introduced.html

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BILL NUMBER: AB 1676	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fuentes

                        JANUARY 21, 2010

   An act to add Section 1065 to the Government Code, relating to
elected officials, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1676, as introduced, Fuentes. Elected officials: residency
requirements.
   The California Constitution requires that a person reside for one
year within the legislative district for which he or she seeks
election as a Member of the Legislature. Various statutory provisions
impose residency requirements on other specified elected officials
in California.
   This bill would require that a person elected to a state or local
public office maintain his or her place of residence within the
jurisdiction within which voters are qualified to vote for the office
during his or her term of office. The bill would require a person
who violates this provision to immediately forfeit his or her office
and would disqualify the person from holding any state or local
public office in the future. The bill would provide that these
provisions would apply retroactively to all persons holding state or
local public office at the time of the effective date of the bill.
Commencing with persons serving terms of office beginning on or after
November 2, 2010, the bill would also make a violation of the
residency requirement punishable by either a civil penalty not to
exceed $1,000 or a fine not to exceed $1,000, imprisonment in a
county jail for no more than 6 months, or by both fine and
imprisonment. The bill would authorize a district attorney, a county
counsel, or city attorney with enforcement authority to enforce a
violation of these provisions.
   By creating a new crime, the bill would impose a state-mandated
local program.
   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 no reimbursement is required by this
act for a specified reason.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1065 is added to the Government Code, to read:
   1065.  (a) Notwithstanding any other provision of law, a person
elected to state or local public office must continue to maintain his
or her place of residence within the jurisdiction in which voters
are qualified to vote for the office during his or her term of
office. A person does not violate this subdivision if, after being
elected for a term of office, the boundaries of the jurisdiction in
which voters are qualified to vote for the office are changed during
that term of office.
   (b) A person who violates subdivision (a) shall immediately
forfeit his or her office and is forever disqualified from holding
any state or local public office.
   (c) A person who violates subdivision (a) is punishable by one of
the following:
   (1) A civil penalty not to exceed one thousand dollars ($1,000).
   (2) By imprisonment in a county jail not exceeding six months, or
by a fine not exceeding one thousand dollars ($1,000), or by both
that fine and imprisonment.
   (d) A district attorney, county counsel, or city attorney shall
have the authority to seek enforcement of this section for a
violation.
   (e) Subdivisions (a) and (b) shall be applied retroactively to all
persons holding state or local public office at the time of the
effective date of the statute that added this section, except that
subdivision (c) shall apply only to persons serving terms of office
commencing on or after November 2, 2010.
  SEC. 2.  The provisions of this section are severable. If any
provision of this section or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
  SEC. 4.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   Because existing law is unclear as to whether a public official
must reside in the jurisdiction in which voters are qualified to vote
for the office during his or her incumbency in the office, it is
necessary that this act take immediate effect.