Bill Text: CA SB5 | 2011-2012 | Regular Session | Amended

California Senate Bill 5 (Prior Session Legislation)

Bill Title: Intervention: initiatives.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-06-06 - Returned to Secretary of Senate pursuant to Joint Rule 62(a). [SB5 Detail]

Download: California-2011-SB5-Amended.html

BILL NUMBER: SB 5	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 12, 2011

INTRODUCED BY   Senator Harman

                        DECEMBER 6, 2010

    An act to add Section 12512.5 to the Government Code,
relating to the Attorney General.   An act to add
Section 387.5 to the Code of Civil Procedure, relating to civil
actions. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 5, as amended, Harman.  Attorney General: defense of
initiative statutes.   Intervention: initiatives. 

   Under existing law, upon timely application, any person who has an
interest in the matter in litigation, or in the success of either of
the parties, or an interest against both, may intervene in the
action or proceeding. An intervention takes place when a 3rd person
is permitted to become a party to an action or proceeding between
other persons, as specified.  
   This bill would provide that the proponent, as defined, of a state
initiative statute or constitutional amendment that has been
approved by the voters shall have the right to intervene and
participate in any court action challenging the constitutionality of
that initiative statute or constitutional amendment.  
   The California Constitution provides that the Attorney General is
the chief law officer of the state with the duty to see that the laws
of the state are uniformly and adequately enforced. Existing law
requires the Attorney General to prosecute and defend all causes to
which the state or state officers in their official capacities are
parties.  
   This bill would require the Attorney General to defend against
constitutional challenge, at the trial court level or as a respondent
or appellant at the court of appeal or the Supreme Court, a
constitutional amendment or an initiative statute that has been
approved by the voters, unless an appellate court has made a
determination that the amendment or statute is unconstitutional or
otherwise in conflict with, or in violation of, federal law or
regulation. The bill would authorize the proponents of the
constitutional amendment or initiative statute, if any, to defend the
amendment or statute in the place of the Attorney General, if he or
she is disqualified. The bill would authorize the Attorney General to
appoint special counsel if the proponents do not defend the
amendment or statute when the Attorney General is disqualified.

   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.    The Legislature finds and declares that
the court has sole discretion under existing law as to which
interested parties can intervene in a case challenging the
constitutionality of an initiative passed by the people. This act
would make that intervention a right, not a courtesy, under the law.
Accordingly, it is the intent of the Legislature, in enacting this
act, to ensure that the parties responsible for placing the
initiative statute or constitutional amendment on the ballot have the
ability to participate in any court action challenging the
constitutionality of the measure, thereby ensuring the right of the
voters to zealous representation. 
   SEC. 2.    Section 387.5 is added to the  
Code of Civil Procedure   , to read:  
   387.5.  (a) The proponent of a state initiative statute or
constitutional amendment that has been approved by the voters shall
have the right to intervene and participate in any court action
challenging the constitutionality of that initiative statute or
constitutional amendment.
   (b) For purposes of this section, "proponent" means the person or
persons who submit a draft of a petition proposing the measure to the
Attorney General with a request that he or she prepare a title and
summary of the chief purpose and points of the proposed measure.
 
  SECTION 1.    Section 12512.5 is added to the
Government Code, to read:
   12512.5.  (a) The Attorney General shall defend against
constitutional challenge, at the trial court level or as a respondent
or appellant at the court of appeal or the Supreme Court, a
constitutional amendment or an initiative statute that has been
approved by the voters.
   (b) The Attorney General shall not refuse to defend a
constitutional amendment or an initiative statute on the basis of it
being unconstitutional, or in conflict with, or in violation of,
federal law or regulation, unless an appellate court has made a
determination that the amendment or statute is unconstitutional or
otherwise in conflict with, or in violation of, federal law or
regulation.
   (c) This section shall not apply if an appellate court determines
that the underlying action is frivolous.
   (d) If the Attorney General is disqualified from defending a
constitutional amendment or initiative statute, the constitutional
amendment or initiative statute may be defended by its proponents, if
any, in place of the Attorney General. No other state officer or
entity is required to be a party to the court action. If the
proponents do not defend the constitutional amendment or initiative
statute, the Attorney General may employ special counsel to conduct
that defense.
   (e) For purposes of subdivision (d), "proponent" means the person
or persons who submit a draft of a petition proposing the
constitutional amendment or initiative statute to the Attorney
General with a request that he or she prepare a title and summary of
the chief purpose and points of the proposed constitutional amendment
or initiative statute.