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 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 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. 
   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. 
   Vote: 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 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
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 written consent of the Attorney General
is required prior to employment of outside counsel for
representation of any state agency or employee.
  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 the Attorney General consents to a state agency,
commissioner, or officer employing in-house counsel or outside
counsel in a judicial or other proceeding, the Attorney General may
intervene in the proceeding 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
such consent, the Attorney General may consider the factors of
conflicts of interest, the staffing needs of the Office of the
Attorney General, and the availability of subject matter expertise.
  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.
   (b) "Judicial or other proceeding" means litigation in a civil
court, an administrative adjudicatory proceeding governed by the
Administrative Procedure Act (Chapter 4 (commencing with Section
11370)) or by the United States Administrative Procedure Act (5
U.S.C.  551,  Sec. 551 et seq.), or an arbitration
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  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  .