BILL NUMBER: AB 100	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Alejo

                        JANUARY 8, 2015

   An act 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 100, as introduced, Alejo. 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 and other qualifying
law school graduates limited-term placements in public sector
positions within state government and encouraging each participant to
seek permanent public-sector employment 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 a participant 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 a participant in the
program is not an employee of either house of the Legislature for
purposes of the Code of Ethics.
   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.  The Legislature finds and declares all of the
following:
   (a) California has the eighth largest economy in the world, and
its laws have a far-reaching impact on individuals, entities, and
organizations within the state and throughout the world.
   (b) Because of its extraordinary economic impact and leadership on
timely issues, California's statutory framework and legal structures
have a national and global impact.
   (c) Rapid technological and societal advances require the
development of public policy in new and evolving areas.
   (d) State government officials must make informed policy decisions
about issues that have increasingly complex and interrelated legal
components.
   (e) California is home to some of the world's most prestigious
universities and law schools.
   (f) California is currently facing one of the largest surpluses of
recent law school graduates in the nation, and the unique education
and training of these skilled graduates could greatly assist the
state government in its work.
   (g) Only approximately 5 percent of attorneys nationwide work for
state governments, meaning that the nation's state governments derive
insufficient benefit from those attorneys' legal training and
expertise.
   (h) The establishment of a law fellowship program in California
will enable the state to capitalize on the experience of its law
school graduates for the betterment of its government.
  SEC. 2.  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 and
other qualifying law school graduates limited-term placements in
public sector positions within state government. The program shall
provide each participant with the opportunity to work in the public
sector and shall encourage each participant to seek permanent
public-sector employment at the conclusion of the fellowship.
   (c) A participant's placement with a state agency shall be
contingent on that agency's acceptance of the participant, 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 other qualifying law school graduate,
by a 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:
   (1) "Program" means the California Law Fellowship Program.
   (2) "Qualifying law school graduate" means a recipient of a law
degree from a law school accredited by the American Bar Association.
  SEC. 3.  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 a participant 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) A participant 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.