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  AUGUST 10, 2010
	AMENDED IN SENATE  JULY 15, 2010
	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 Member Nava

                        FEBRUARY 24, 2009

    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  An act to amend Sections 11042, 11043,
12517, 12518, 12521, 12522, 12542, 12574, 12591, and 12593 of the
Government Code, relating to  legal services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 471, as amended, Nava. 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  
to perform specified duties with regard to providing state agencies
with legal services  .
   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  
make technical, nonsubstantive changes to these provisions  .
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


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

   SECTION 1.    Section 11042 of the  
Government Code   is amended to read: 
   11042.  No state agency, commissioner, or officer shall employ any
legal counsel other than the Attorney General, or one of his  or
her  assistants or deputies, in any matter in which the agency,
commissioner, or officer is interested, or is a party as a result of
office or official duties.
   SEC. 2.    Section 11043 of the   Government
Code   is amended to read: 
   11043.  Except as to the  State   state 
agencies and laws specified in Section 11041, whenever any law
authorizes any  State   state  agency to
employ legal counsel other than the Attorney General, it shall be
construed to refer to the Attorney General. The Attorney General may
assign to the  State   state  agency
assistants or deputies from his  or her  staff, under
 such  terms as he  or she  deems necessary
to conduct the legal business of or render legal counsel to the 
state  agency.
   SEC. 3.    Section 12517 of the   Government
Code   is amended to read: 
   12517.  When in his  or her  opinion it may be necessary
for the collection or enforcement of any judgment in favor or for the
use of the state, the Attorney General shall institute and
prosecute, in behalf of the state, actions or proceedings to set
aside and annul all conveyances fraudulently made by judgment
debtors. When allowed by the Department of General Services, the
necessary cost shall be paid out of any available appropriation.
   SEC. 4.    Section 12518 of the   Government
Code   is amended to read: 
   12518.  Whenever any action is brought against the  State
 state  or any  State   state
 agency involving the title, or right to possession or the
boundaries of any lands belonging to the  State 
 state  or in which it has any interest, the Attorney
General may, when in his  or her  judgment the public
interest so requires, upon his  or her  own motion or upon
the request of any  State   state  agency,
appear as attorney in defense of the  State  
state  or  State   state  agency.
   Upon his  or her  own motion or upon the request of any
 State   state  agency, the Attorney
General may institute such an action in the name of the people of the
 State   state  or on behalf of any
 State   state  agency.
   SEC. 5.    Section 12521 of the   Government
Code   is amended to read: 
   12521.  The Attorney General shall account for and pay over to the
proper officer all money which may come into his  or her 
possession belonging to the  State   state 
or to any county.
   SEC. 6.    Section 12522 of the   Government
Code   is amended to read: 
   12522.  On or before the fifteenth day of September in each
even-numbered year, the Attorney General shall report to the Governor
the condition of the affairs of his  or her  office and of
the reports received by him  or her  from district
attorneys.
   SEC. 7.    Section 12542 of the   Government
Code   is amended to read: 
   12542.  The Attorney General may employ counsel to act in his 
or her  place and stead for the investigation for discovery and
the recovery of any such property. In such proceedings counsel so
employed  shall  have the authority of the Attorney General.

   SEC. 8.    Section 12574 of the   Government
Code   is amended to read: 
   12574.  The Attorney General may employ additional special agents
and investigators not exceeding 10 in number, to enable him  or
her  to carry out his  or her  duties relative to
sabotage and subversive activities. The special agents and
investigators are exempt from civil service.
   SEC   . 9.    Section 12591 of the 
 Government Code   is amended to read: 
   12591.  The Attorney General may institute appropriate proceedings
to secure compliance with this article and to invoke the
jurisdiction of the court. The powers and duties of the Attorney
General provided in this article are in addition to his  or her
 existing powers and duties. Nothing in this article shall
impair or restrict the jurisdiction of any court with respect to any
of the matters covered by it, except that no court shall have
jurisdiction to modify or terminate any trust of property for
charitable purposes unless the Attorney General is a party to the
proceedings.
   SEC. 10.    Section 12593 of the  
Government Code   is amended to read: 
   12593.  Every person who offers for probate any instrument
 which   that  establishes a testamentary
trust of property for charitable purposes or who records in any
county or city and county any inter vivos transfer of property for
charitable purposes shall furnish a copy of  such 
 the  document to the Attorney General. The custodian of the
records of a court having jurisdiction of probate matters or of
charitable trusts shall furnish  such  copies of
papers, records  ,  and files of his  or her 
office relating to the subject of this article as the Attorney
General requires. 
  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.
   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.
   (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 or other proceeding,
or advice or opinion matter.  
  SEC. 2.    Section 11042 of the Government Code is
amended to read:
   11042.  A state agency, commissioner, or officer 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, 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.  
  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. 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 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.