BILL NUMBER: AB 1676	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 6, 2010
	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.


	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 the Legislature,
or a  nonjudicial  public office  in  
for  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 these provisions would apply
 retroactively  to all persons holding a 
nonjudicial,  public office  in   for 
a county, city, or school district on or after the effective date of
the bill. As to persons holding these offices serving terms of
office 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, the
district attorney or the county counsel of a county for a violation
involving a  jurisdiction   nonjudicial public
office whose territory   is  located wholly or
partially within that county, or by the city attorney of a city for a
violation involving a  jurisdiction  
nonjudicial public office whose territory   is  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.
   Vote: 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 the Legislature, or to a  nonjudicial  public
office  in   for  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 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) 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  
nonjudicial public office whose territory is  located wholly or
partially within that county, or the city attorney of a city for a
violation involving a  jurisdiction  
nonjudicial public office whose territory is  located wholly or
partially within that city.
   (e) (1) As to Members of the Legislature, this section applies
only to terms of office that commence on or after December 3, 2012.
   (2) Subdivisions (a) and (b) apply  retroactively
 to all persons holding a  nonjudicial  public
office  in   for  a county, city, or school
district on or after the effective date of the statute that added
this section. Subdivision (c) applies only to persons holding these
offices under terms of office that commence on or after November 2,
2010. This paragraph does not apply to Members of the Legislature.
  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.