California 2009-2010 Regular Session Status: Passed Assembly

AB 1676 — Elected officials: residency requirements.

Last action — Died in Conference.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law imposes residency requirements on specified elected officials in California. The California Constitution provides that each house of the Legislature is the sole judge of the qualifications of its Members. This bill would require that a person elected to a nonjudicial public office for a county, city, or school district, maintain his or her domicile, as defined, 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 4 years. As to persons serving terms of office that commence on or after November 2, 2010, the bill would also make a violation of the domicile 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, if it is established that the officeholder moved his or her domicile out of the jurisdiction of the office with the intent of retaining the office and misleading the voters within the jurisdiction to believe that he or she maintains his or her domicile within the jurisdiction of the office. The bill would authorize enforcement of its provisions by the Attorney General or the district attorney of a county for a violation involving a nonjudicial public office whose territory is located wholly or partially within that county. 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.

Bill Text

Action History

  1. Died in Conference.

  2. Assembly refused to concur in Senate amendments. (Ayes 42. Noes 12. Page 7177.)

  3. Assembly Rule 77 suspended. (Page 7173.)

  4. In Assembly. Concurrence in Senate amendments pending.

  5. Read third time. Urgency clause adopted. Passed and to Assembly. (Ayes 28. Noes 5. Page 5071.)

  6. Ordered to third reading.

  7. Withdrawn from committee.

  8. (Ayes 28. Noes 0. Page 4959.)

  9. Re-referred to Com. on RLS.

  10. Read second time. To third reading.

  11. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  12. (Corrected August 19.)

  13. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  14. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 4. Noes 0.) (August 12).

  15. In committee: Hearing postponed by committee.

  16. Re-referred to Com. on PUB. S.

  17. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  18. From committee: Do pass, and re-refer to Com. on RLS. Re-referred. (Ayes 4. Noes 0.) (June 29).

  19. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E., R., & C.A.

  20. Referred to Coms. on E., R., & C.A. and RLS.

  21. In Senate. Read first time. To Com. on RLS. for assignment.

  22. Read third time, passed, and to Senate. (Ayes 72. Noes 2. Page 5565.)

  23. Read second time. To third reading.

  24. Read second time and amended. Ordered returned to second reading.

  25. From committee: Amend, and do pass as amended. (Ayes 17. Noes 0.) (May 28).

  26. In committee: Set, first hearing. Referred to APPR. suspense file.

  27. Re-referred to Com. on APPR.

  28. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  29. Re-referred to Com. on APPR.

  30. Read second time and amended.

  31. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 20).

  32. In committee: Set, first hearing. Hearing canceled at the request of author.

  33. Re-referred to Com. on E. & R.

  34. From committee chair, with author's amendments: Amend, and re-refer to Com. on E. & R. Read second time and amended.

  35. Referred to Com. on E. & R.

  36. From printer. May be heard in committee February 21.

  37. Read first time. To print.

Sponsors

  • Fuentes · Primary
  • Jeffries · Cosponsor
  • Solorio · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on · 3 voted No

Sponsors (1)

  • Fuentes

Co-sponsors (2)

  • Jeffries
  • Solorio

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1676 FUENTES Concurrence- Urgency Added

Failed 45 Yea · 14 Nay · 31 Other
Party YeaNayPresentNot Voting
Unaffiliated 4212030
Democratic 1200
Republican 2001
Total 4514031
% of votes cast 50%16%0%34%
How each member voted (90)
Member Party Vote
Carter — Yea
Yamada — Yea
Conway — Yea
DeVore — Yea
Fuentes — Yea
Furutani — Yea
Hagman — Yea
Harkey — Yea
Hayashi — Yea
Hill — Yea
Jeffries — Yea
Knight — Yea
Fletcher — Yea
Fong — Yea
Salas — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Anderson — Yea
Bass — Yea
Beall — Yea
Block — Yea
Nava — Yea
Nestande — Yea
Nielsen — Yea
Solorio — Yea
Swanson — Yea
Villines — Yea
Charles — Nay
De — Nay
Leon — Nay
Bill — Not Voting
Tom — Not Voting
Feuer — Nay
De — Not Voting
La — Not Voting
Torre — Not Voting
Bonnie — Not Voting
Lowenthal — Not Voting
V. — Not Voting
Manuel — Not Voting
Perez — Not Voting
Portantino — Not Voting
Saldana — Not Voting
Galgiani — Nay
Chesbro — Not Voting
Garrick — Not Voting
Hall — Not Voting
Hernandez — Not Voting
Lieu — Not Voting
Cook — Not Voting
Mendoza — Not Voting
Monning — Not Voting
Ruskin — Nay
Smyth — Not Voting
Torlakson — Not Voting
Adams — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Not Voting
Brownley — Not Voting
Buchanan — Yea
Huber — Nay
Huffman — Yea
Logue — Yea
Ma — Yea
Miller — Not Voting
Norby — Nay
Silva — Not Voting
Skinner — Yea
Torres — Yea
Torrico — Yea
Tran — Nay
Coto — Nay
Eng — Yea
Evans — Yea
Davis — Not Voting
Fuller — Nay
Gatto — Not Voting
Gilmore — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Nay
Calderon, Lisa Democratic Nay
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Not Voting
Strickland, Tony Republican Yea

Official roll call →

W/O REF. TO FILE AB1676 Fuentes Urgency Clause

Passed 29 Yea · 5 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 26506
Democratic 2000
Republican 1000
Total 29506
% of votes cast 73%13%0%15%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Cedillo — Nay
Cogdill — Yea
Florez — Yea
Hancock — Yea
Negrete — Yea
Runner — Yea
Correa — Yea
Lowenthal — Nay
Hollingsworth — Nay
Alquist — Yea
Blakeslee — Yea
Ducheny — Not Voting
Dutton — Yea
Huff — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Oropeza — Not Voting
Pavley — Nay
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Not Voting
Wolk — Yea
Wright — Not Voting
Aanestad — Yea
Ashburn — Nay
Harman — Yea
Kehoe — Not Voting
Price — Yea
Walters — Yea
Corbett — Not Voting
Emmerson — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 1676 FUENTES Assembly Third Reading

Passed 82 Yea · 2 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 77206
Democratic 3000
Republican 2001
Total 82207
% of votes cast 90%2%0%8%
How each member voted (91)
Member Party Vote
Hagman — Yea
Eng — Yea
Evans — Yea
Feuer — Yea
Fuentes — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Bill — Yea
Furutani — Yea
Galgiani — Yea
Gilmore — Yea
Hall — Yea
Charles — Yea
Harkey — Yea
Hayashi — Yea
Hernandez — Yea
Hill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Bass — Yea
Beall — Yea
Coto — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Cook — Not Voting
Tom — Not Voting
Audra — Not Voting
Huber — Yea
Huffman — Yea
Jeffries — Yea
Knight — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Anderson — Nay
Nestande — Yea
Norby — Not Voting
Ruskin — Yea
Silva — Yea
Skinner — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Adams — Yea
Ammiano — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Lieu — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Torlakson — Yea
Tran — Yea
Emmerson — Nay
Fuller — Not Voting
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Not Voting

Official roll call →

Do pass as amended.

Passed 18 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 17000
Democratic 1000
Total 18000
% of votes cast 100%0%0%0%
How each member voted (18)
Member Party Vote
Charles — Yea
Conway — Yea
Harkey — Yea
Miller — Yea
Monning — Yea
Norby — Yea
Ruskin — Yea
Solorio — Yea
Torlakson — Yea
Coto — Yea
Davis — Yea
Torrico — Yea
Ammiano — Yea
Bradford — Yea
Nielsen — Yea
Skinner — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

civil-rights elections
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Frequently asked questions

What does AB 1676 do?
Existing law imposes residency requirements on specified elected officials in California. The California Constitution provides that each house of the Legislature is the sole judge of the qualifications of its Members. This bill would require that a person elected to a nonjudicial public office for a county, city, or school district, maintain his or her domicile, as defined, 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 4 years. As to persons serving terms of office that commence on or after November 2, 2010, the bill would also make a violation of the domicile 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, if it is established that the officeholder moved his or her domicile out of the jurisdiction of the office with the intent of retaining the office and misleading the voters within the jurisdiction to believe that he or she maintains his or her domicile within the jurisdiction of the office. The bill would authorize enforcement of its provisions by the Attorney General or the district attorney of a county for a violation involving a nonjudicial public office whose territory is located wholly or partially within that county. 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.
Who sponsors AB 1676?
AB 1676 is sponsored by Fuentes, Jeffries, and Solorio.
What is the current status of AB 1676?
This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1676?
Track AB 1676 free on One Click Politics — get push/email alerts when it moves.

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