BILL NUMBER: AB 1800 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 1, 2014
INTRODUCED BY Assembly Member Alejo
FEBRUARY 18, 2014
An act relating to the Legislature to add
Section 8924.7 to, and to add Chapter 1.5 (commencing with Section
8050) to Division 1 of Title 2 of, the Government Code, relating to
state government .
LEGISLATIVE COUNSEL'S DIGEST
AB 1800, as amended, Alejo. Legislature: California
Capitol Law Fellows Program. California Law
Fellowship Program.
Existing law authorizes certain internship and fellowship
programs, as specified.
This bill would establish the California Law Fellowship Program
for the purpose of offering licensed attorneys limited-term placement
opportunities in public sector legal positions within the executive,
legislative, and judicial branches of state government and
encouraging each participating attorney to seek permanent employment
in the public sector at the conclusion of his or her fellowship, as
specified.
Existing law, commonly known as the Code of Ethics, prohibits a
Member of the Legislature or an employee of either house of the
Legislature from receiving or agreeing to receive, directly or
indirectly, any compensation, reward, or gift from any source except
the State of California for any service, advice, assistance, or other
matter related to the legislative process, except for specified
circumstances.
This bill would provide that the services of an attorney
participating in the California Law Fellowship Program are not
compensation, a reward, or a gift to a Member of the Legislature for
purposes of the so-called Code of Ethics. The bill would also provide
that an attorney participating in the program is not an employee of
either house of the Legislature for purposes of the Code of Ethics.
Existing law authorizes certain internship and fellowship
programs, as specified.
This bill would declare the intent of the Legislature to enact
legislation that would authorize the establishment of a California
Capitol Law Fellows Program for specified purposes.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 1.5 (commencing with Section
8050) is added to Division 1 of Title 2 of the Government
Code , to read:
CHAPTER 1.5. CALIFORNIA LAW FELLOWSHIP PROGRAM
8050. (a) The California Law Fellowship Program is hereby
established.
(b) The purpose of the program is to offer licensed attorneys
limited-term placement opportunities in public sector legal positions
within the executive, legislative, and judicial branches of state
government. The program shall provide each participating attorney
with the opportunity to practice law in the public sector and shall
encourage each participating attorney to seek permanent employment in
the public sector at the conclusion of the fellowship.
(c) The placement of a participating attorney with a participating
state agency shall be contingent on that state agency's acceptance
of the attorney, according to criteria adopted by the participating
state agency for purposes of the program.
(d) (1) It is the intent of the Legislature that participation in
the program by an attorney or state agency, or by a public official
within a state agency, shall not constitute a gift of public money or
thing of value for purposes of Section 6 of Article XVI of the
California Constitution, a gift for purposes of the Political Reform
Act of 1974 (Title 9 (commencing with Section 81000)), or a gift,
bequest, or favor for purposes of the Code of Judicial Ethics adopted
pursuant to subdivision (m) of Section 18 of Article VI of the
California Constitution.
(2) To the extent feasible, the program shall be designed and
administered to accomplish the Legislature's intent as specified in
this subdivision.
(e) State funds shall not be used to administer the program.
(f) For purposes of this section, "program" means the California
Law Fellowship Program.
SEC. 2. Section 8924.7 is added to the
Government Code , to read:
8924.7. (a) The Legislature finds and declares that the
California Law Fellowship Program, established pursuant to Chapter
1.5 (commencing with Section 8050) of Division 1, establishes a
formal fellowship program that provides substantial public benefits
to the Legislature as a participating state agency.
(b) The services of an attorney participating in the California
Law Fellowship Program, whose placement with the Legislature is
accepted by the Senate Committee on Rules, the Assembly Committee on
Rules, or the Joint Committee on Rules, as appropriate, are not
compensation, a reward, or a gift to a Member of the Legislature for
purposes of paragraph (4) of subdivision (b) of Section 8920.
(c) An attorney participating in the California Law Fellowship
Program, whose placement with the Legislature is accepted by the
Senate Committee on Rules, the Assembly Committee on Rules, or the
Joint Committee on Rules, as appropriate, is not an employee of
either house of the Legislature for purposes of this article.
SECTION 1. It is the intent of the Legislature
to enact legislation that would authorize the establishment of a
California Capitol Law Fellows Program for the following purposes:
(a) To encourage knowledgeable and educated law school students
and staff with legal backgrounds to participate in and learn about
the legislative process by being placed in a legislator's office.
(b) To provide Members of the California Legislature with subject
matter-specific legal advice so that they can make informed decisions
on multifaceted policy issues having increasingly complex and
interrelated components that rely on legal and judicial decisions,
including issues relating to labor law, business law, administrative
law, housing law, and public safety.