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

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

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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-Introduced.html

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BILL NUMBER: SB 5	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Harman

                        DECEMBER 6, 2010

   An act to add Section 12512.5 to the Government Code, relating to
the Attorney General.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 5, as introduced, Harman. Attorney General: defense of
initiative statutes.
   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.
State-mandated local program: no.


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

  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.