BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 471
                                                                  Page  1

          Date of Hearing:   August 25, 2010

                           ASSEMBLY COMMITTEE ON JUDICIARY
                                  Mike Feuer, Chair
                     AB 471 (Nava) - As Amended:  August 10, 2010

                         PROPOSED CONSENT (FOR CONCURRENCE)
           
          SUBJECT  :  LEGAL SERVICES

           KEY ISSUE  :  SHOULD VARIOUS STATUTES RELATED TO THE AUTHORITY OF  
          THE ATTORNEY GENERAL AND STATE AGENCIES BE UPDATED TO REFLECT  
          GENDER-NEUTRAL PRONOUNS?

                                      SYNOPSIS

          This non-controversial bill makes various technical changes to  
          an assortment of existing statutes relating to the authority of  
          state agencies to retain legal counsel and to use the services  
          of the Attorney General, as well as other statutes relating to  
          the authority of the Attorney General.

           SUMMARY  :  Makes various non-substantive technical changes to an  
          assortment of existing statutes relating to the authority of  
          state agencies to retain legal counsel and to use the services  
          of the Attorney General, as well as other statutes relating to  
          the authority of the Attorney General.  

           The Senate amendments  delete the Assembly version of the bill,  
          and instead:

          1)Change the masculine pronoun "he" in reference to the Attorney  
            General to "he or she."

          2)Change the term "State" from uppercase to lowercase.

          3)Correct other word usage to conform to current standards.
           
          AS PASSED BY THE ASSEMBLY  , this bill clarified existing law  
          regarding legal representation of state agencies and officers.  
           
          FISCAL EFFECT  :  None
           
          COMMENTS  :  According to the author, this bill was originally  
          conceived as a measure that would clarify ambiguities in  








                                                                  AB 471
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          existing law to ensure that state agencies may hire in-house  
          legal counsel to provide legal advice, without the prior  
          approval of the Attorney General.  The bill would have preserved  
          the presumption that the Attorney General is responsible for  
          representing state officers and agencies in civil litigation  
          before courts and administrative bodies, and would have provided  
          agencies and the Attorney General the flexibility to make other  
          arrangements when needed.  Ironically, these provisions,  
          designed to protect the functions of in-house agency counsel  
          were vigorously opposed by them.  The bill also would have  
          preserved the Attorney General's role in superintending the  
          hiring of private counsel by state agencies for any purpose.   
          The author contends that this is an important check that must be  
          maintained in the law, as members of both parties have  
          recognized.  

          In light of opposition from the Governor, however, the author  
          states that the bill has been amended to address vestigial  
          gender bias in provisions governing the Attorney General's  
          authority.  According to the author, while not substantive in  
          nature, these changes are appropriate at a time when Kamala  
          Harris, the District Attorney for the City and County of San  
          Francisco, is running as the first female candidate for Attorney  
          General in the State's history.

          As the author indicated, this bill makes various technical  
          changes to an assortment of existing statutes relating to the  
          authority of state agencies to retain legal counsel and to use  
          the services of the Attorney General, as well as other statutes  
          relating to the authority of the Attorney General.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None on file

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Kevin G. Baker / JUD. / (916) 319-2334