Bill Text: CA AB471 | 2009-2010 | Regular Session | Amended

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

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Bill Title: Legal services.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Vetoed) 2010-09-25 - Vetoed by Governor. [AB471 Detail]

Download: California-2009-AB471-Amended.html

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BILL NUMBER: AB 471	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 16, 2010
	AMENDED IN SENATE  SEPTEMBER 4, 2009
	AMENDED IN SENATE  AUGUST 26, 2009
	AMENDED IN SENATE  JUNE 30, 2009
	AMENDED IN SENATE  JUNE 11, 2009
	AMENDED IN ASSEMBLY  MAY 6, 2009

INTRODUCED BY   Assembly  Members   Arambula
    and Nava   Member
  Nava 
    (   Coauthors:  
Assembly Members   Caballero,  
  Coto,     and
Solorio   ) 

                        FEBRUARY 24, 2009

    An act to amend Section 79190 of the Water Code, relating
to water management.   An act to amend Sections 11040
and 11042 of, and to add Sections 11042.1, 11042.2, 11042.3, and
11046 to, the Government Code, and to amend Section 1341.6 of the
Health and Safety Code, relating to legal services. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 471, as amended,  Arambula  Nava. 
Safe Drinking Water, Clean Water, Watershed Protection, and Flood
Protection Bond Act: eligible project.   Legal Services.
 
   Existing law requires certain state entities to obtain written
consent from the Attorney General before employing legal counsel in
any judicial proceeding. Existing law exempts from those requirements
certain state entities.  
   This bill would recast these provisions, define terms for their
purposes, and state several factors the Attorney General may consider
when considering consenting to a state agency, commissioner, or
officer employing in-house counsel or outside counsel, as defined.
The bill would make other conforming changes.  
   The Safe Drinking Water, Clean Water, Watershed Protection, and
Flood Protection Bond Act (bond act), approved by the voters as
Proposition 13 at the March 7, 2000, statewide primary election,
authorizes the issuance and sale of a total of $1,970,000,000 in
general obligation bonds. The bond act requires that $630,000,000 of
the proceeds from the sale of those bonds be allocated for purposes
of water supply reliability projects, including $250,000,000 for
eligible projects that carry out the CALFED Bay-Delta plan. For these
purposes, the bond act defines "eligible project" as a project that
(1) is identified in a specified CALFED environmental impact
statement/environmental impact report (CALFED EIS/EIR), and (2) is
within at least one of 6 prescribed categories of projects. Among
these categories is a project that constructs a permanent barrier at
the head of Old River to improve fish migration and other permanent
barriers in the south Sacramento-San Joaquin Delta channels to
improve water quality and water level for local diversions. The bond
act allocates $40,000,000 for the purposes of that project. 

   This bill would expand the definition of "eligible project" for
purposes of these provisions of the bond act to mean a project that
is either (1) identified in the CALFED EIS/EIR, or (2) within at
least one of the 6 prescribed categories of projects. The bill also
would change the barrier improvement project category to, instead,
include a project that constructs a barrier to protect fish and other
barriers in Sacramento-San Joaquin Delta channels to improve water
quality and water level for local diversions.  
   The bill would provide for the submission of its provisions as a
proposed amendment of a general obligation bond act to the voters at
the next statewide election in accordance with specified law.

   Vote:  2/3  majority  . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.


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

   SECTION 1.    Section 11040 of the  
Government Code   is amended to read: 
   11040.  (a) This article does not affect the right of any state
agency or employee to employ counsel in any matter of the state,
after first having obtained the written consent of the Attorney
General.
   (b) It is the intent of the Legislature that overall efficiency
and economy in state government be enhanced by employment of the
Attorney General as counsel for the representation of state agencies
and employees in judicial  and   or  other
proceedings.
   The Legislature finds that it is in the best interests of the
people of the State of California that the Attorney General be
provided with the resources needed to develop and maintain the
Attorney General's capability to provide competent legal
representation of state agencies and employees in any judicial 
or other  proceeding.
   (c) Except with respect to employment by the state officers and
agencies specified by title or name in Section 11041 or when
specifically waived  , exempted, or excepted  by statute
other than Section 11041, the  express  written consent of
the Attorney General is required prior to employment of outside
 counsel for representation of any state agency or employee
 in any judicial proceeding  .
   SEC. 2.    Section 11042 of the   Government
Code   is amended to read: 
   11042.   No   A  state agency,
commissioner, or officer  shall employ any legal counsel
other than   may employ in-house counsel to provide
legal services. However, except as otherwise specifically provided in
this article or another statute, only  the Attorney General, or
one of his  or her  assistants or deputies,  in any
matter   shall represent a state agency, commissioner,
or officer in relation to a judicial or other proceeding  in
which the agency, commissioner, or officer is interested, or is a
party as a result of office or official duties , unless express
written consent is given by the Attorney General to employ in-house
counsel  .
   SEC. 3.    Section 11042.1 is added to the  
Government Code   , to read:  
   11042.1.  Nothing in this article prohibits a state agency,
commissioner, or officer from obtaining legal services from the
Attorney General that are unrelated to a judicial or other
proceeding. 
   SEC. 4.    Section 11042.2 is added to the  
Government Code   , to read:  
   11042.2.  When a state agency, commissioner, or officer employs
in-house or outside counsel in a judicial or other proceeding, the
Attorney General may intervene or appear as amicus curiae to the
extent permitted by the court or agency. 
   SEC. 5.    Section 11042.3 is added to the  
Government Code   , to read:  
   11042.3.  In determining whether to give consent to a state
agency, commissioner, or officer to employ in-house counsel or
outside counsel in a judicial or other proceeding, and the extent of
this consent, the Attorney General may consider public policy,
potential conflicts of interest, the availability of subject matter
expertise and staffing within the Office of the Attorney General, the
availability of subject matter expertise and staffing among in-house
counsel, and other relevant factors. 
   SEC. 6.    Section 11046 is added to the  
Government Code   , to read:  
   11046.  For purposes of this article and unless otherwise
specifically stated, the following definitions shall apply:
   (a) "In-house counsel" means a licensed attorney employed in state
service by a state agency, commissioner, or officer, other than a
licensed attorney employed in state service in the Office of the
Attorney General.
   (b) "Judicial or other proceeding" means litigation in a civil
court, an administrative adjudicatory proceeding in which an agency
is represented by an attorney, including any related alternative
dispute resolution proceeding. "Judicial or other proceeding" also
includes advice or opinions relating to bonds. Administrative
adjudicatory proceedings before the State Personnel Board, the
Department of Personnel Administration, or the Unemployment Insurance
Appeals Board are exempt from this definition.
   (c) "Outside counsel" means a licensed attorney engaged in the
private practice of law. 
   SEC. 7.    Section 1341.6 of the   Health
and Safety Code   is amended to read: 
   1341.6.  (a)  The Attorney General shall render to the director
opinions upon all questions of law, relating to the construction or
interpretation of any law under the director's jurisdiction or
arising in the administration thereof, that may be submitted to the
Attorney General by the director and upon the director's request
shall act as the attorney for the director in actions and proceedings
brought by or against the director under or pursuant to any
provision of any law under the director's jurisdiction.
   (b)  Sections  11041,  11042,  11042.1,
11042.2, 11042.3,  and 11043 of the Government Code do not apply
to the Director of the Department of Managed Health Care  or to
the Department of Managed Health Care  . 
  SECTION 1.    Section 79190 of the Water Code is
amended to read:
   79190.  Unless the context otherwise requires, the following
definitions govern the construction of this article:
   (a) "CALFED Bay-Delta Program" or "program" means the undertaking
by CALFED pursuant to the Framework Agreement dated June 20, 1994, to
develop a long-term solution to water management, environmental, and
other problems in the bay-delta watershed by means of a programmatic
environmental impact statement/environmental impact report.
   (b) "CALFED EIS/EIR" means the final programmatic environmental
impact statement/environmental impact report prepared by CALFED.
   (c) "CALFED stage 1 action" means an action identified in the
preferred alternative of the CALFED EIS/EIR as an action intended for
implementation during stage 1 of Phase III of the CALFED Bay-Delta
Program.
   (d) (1) "Eligible project" means a demonstration project, subject
to the CALFED adaptive management principle that requires an
assessment of the performance of the demonstration projects in order
to determine which projects are successful in achieving the goals of
the program.
   (2) "Eligible project" means a project that meets either of the
following requirements:
   (A) The project is identified in the CALFED EIS/EIR as a CALFED
stage 1 action.
   (B) The project does one or more of the following:
   (i) Constructs treatment facilities or relocates discharge
facilities for agricultural drainage generated within the delta to
improve water quality in the delta or the quality of water that is
transported from the delta.
   (ii) Constructs facilities to control waste discharges that
contribute to low dissolved oxygen and other water quality problems
in the lower San Joaquin River and the south delta.
   (iii) Constructs fish facilities for the State Water Project or
the Central Valley Project intakes in the south delta, such as
facilities for fish screens, fish handling, and fish passage, or
modifications to intake structures or other facilities, to reduce
losses of any life stages of fish to water diversions in the San
Joaquin River and the delta in accordance with paragraph (1) of
Section (C) of Chapter IV of the board's 1995 water quality control
plan.
   (iv) Constructs a barrier to protect fish and other barriers in
delta channels to improve water quality and water level for local
diversions.
   (v) Constructs facilities to control drainage from abandoned mines
that adversely affect water quality in the bay-delta.
   (vi) Constructs a permanent barrier at Grantline Canal to improve
water quality and water levels for local diversion.
   (e) "Subaccount" means the Bay-Delta Multipurpose Water Management
Subaccount created by Section 79194.  
  SEC. 2.    Section 1 of this act shall take effect
only upon approval by the voters of the section as an amendment to
the Safe Drinking Water, Clean Water, Watershed Protection, and Flood
Protection Bond Act.  
  SEC. 3.    Section 1 of this act shall be
submitted to the voters at the next statewide election in accordance
with provisions of the Government Code and the Elections Code
governing the submission of a statewide measure to the voters.