BILL NUMBER: SB 617	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 16, 2009

INTRODUCED BY   Senator Harman
    (   Coauthor:   Senator   Runner
  ) 
    (   Coauthors:   Assembly Members 
 Bill Berryhill,   DeVore,   Hagman,  
and Jeffries   ) 

                        FEBRUARY 27, 2009

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 617, as amended, Harman. 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.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  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.