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

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-Amended.html

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BILL NUMBER: AB 1676	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 27, 2010
	AMENDED IN ASSEMBLY  MARCH 24, 2010

INTRODUCED BY   Assembly Member Fuentes
    (   Coauthors:   Assembly Members 
 Jeffries   and Solorio   ) 

                        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 amended, 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   the Legislature, or a  public office
in a county, city, or school district,  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 for a period of 3
years. The bill would provide that  , except for Members of
the Legislature,  these provisions would apply retroactively
to all persons holding  state or local   a
 public office  at the time of   in a
county, city, or school district on or after  the effective date
of the bill.  Commencing with   As to 
persons  holding these offices  serving terms of office
 beginning   that commence  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 provide that its provisions apply
to Members of the Legislature only for terms of office that commence
on or after December 3, 2012.  The bill would authorize 
enforcement of its provisions by  the Attorney General, 
a   the  district attorney  , a county
counsel, or a city attorney with enforcement authority to enforce a
violation of these provisions. The bill would exempt a judge of a
court of record from the bill's provisions   or the
county counsel of a county for a violation involving a jurisdiction
located wholly or partially within that county, or by the city
attorney of a city for a violation involving a jurisdiction located
wholly or partially within that city  .
   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   majority  . 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  
the Legislature, or to a public office in a county, a city, or a
school district, shall  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  so as to exclude his or her place of residence  .
   (b) A person who violates subdivision (a) shall immediately
forfeit his or her office and is disqualified from holding any state
or local public office for a period of three years.
   (c) A  person who violates   violation of
 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)  The Attorney General, a district attorney, a county
counsel, or a city attorney shall have the authority to seek
enforcement of this section for a violation.   An action
to enforce this section may be brought by the Attorney General, the
district attorney or county counsel of a county for a violation
involving a jurisdiction located wholly or partially within that
county, or the city attorney of a city for a violation involving a
jurisdiction located wholly or partially within that city. 
   (e)  Except for   (1)    
As to  Members of the Legislature,  subdivisions
  this section applies only to terms of office that
commence on or after December 3, 2012. 
    (2)     Subdivisions  (a) and (b)
 shall be applied   apply  retroactively to
all persons holding  state or local public office at the
time of   a public office in a county, city, or school
district on or after  the effective date of the statute that
added this section. Subdivision (c)  shall apply 
 applies  only to persons  serving  
holding these offices under  terms of office  commencing
  that commence  on or after November 2, 2010.
 This paragraph does not apply to Members of the Legislature.
 
   (f) This section does not apply to a judge of a court of record.

  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 state and local
officials must continue to reside within the districts that they
represent, every election can potentially result in a fraud on the
voters, as the public presumes that the persons elected to represent
them live within the district. Residency in the district is crucial
because, to effectively represent a district, an elected official
must possess knowledge of the needs and idiosyncrasies of the
communities that he or she represents. Therefore, it is necessary
that this act take immediate effect.