BILL NUMBER: AB 471 AMENDED
BILL TEXT
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 legal
services.
LEGISLATIVE COUNSEL'S DIGEST
AB 471, as amended, Nava. Legal Services.
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 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 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 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 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.