California Assembly Bill AB1676 Amended / Bill

 BILL NUMBER: AB 1676AMENDED 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.