Amended in Assembly April 22, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 100


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 amended, 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 governmentbegin insert as California Law Fellows,end insert and encouraging eachbegin delete participantend deletebegin insert fellowend insert 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 abegin delete participant in theend delete California Lawbegin delete Fellowship Programend deletebegin insert Fellowend insert 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:

P2    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) California has the eighth largest economy in the world, and
4its laws have a far-reaching impact on individuals, entities, and
5organizations within the state and throughout the world.

6(b) Because of its extraordinary economic impact and leadership
7on timely issues, California’s statutory framework and legal
8structures have a national and global impact.

9(c) Rapid technological and societal advances require the
10development of public policy in new and evolving areas.

11(d) State government officials must make informed policy
12decisions about issues that have increasingly complex and
13interrelated legal components.

14(e) California is home to some of the world’s most prestigious
15universities and law schools.

16(f) California is currently facing one of the largest surpluses of
17recent law school graduates in the nation, and the unique education
18and training of these skilled graduates could greatly assist the state
19government in its work.

20(g) Only approximately 5 percent of attorneys nationwide work
21for state governments, meaning that the nation’s state governments
22derive insufficient benefit from those attorneys’ legal training and
23expertise.

24(h) begin insertApproximately 36 percent of attorneys working for the State
25of California are 55 years of age or older; therefore, California
26must encourage attorneys to enter public service to fill vacancies
27as those attorneys retire.end insert

28begin insert(i)end insertbegin insertend insertThe establishment of a law fellowship program in California
29will enable the state to capitalize on the experience of its law school
30 graduates for the betterment of its government.

31

SEC. 2.  

Chapter 1.5 (commencing with Section 8050) is added
32to Division 1 of Title 2 of the Government Code, to read:

 

P3    1Chapter  1.5. California Law Fellowship Program
2

 

3

8050.  

(a) The California Law Fellowship Program is hereby
4established.

5(b) The purpose of the program is to offer licensed attorneys
6and other qualifying law school graduates limited-term placements
7in public sector positions within state government.begin delete Theend delete

8begin insert(c)end insertbegin insertend insertbegin insertTheend insert program shall provide eachbegin delete participantend deletebegin insert California Law
9Fellowend insert
with the opportunity to work in the public sector and shall
10encourage each participant to seek permanent public-sector
11employment at the conclusion of the fellowship.

begin insert

12(d) The Legislature requests that The University of the Pacific
13McGeorge School of Law, in consultation with California law
14schools accredited by the American Bar Association, and with any
15other appropriate person or entity, do all of the following with
16respect to the California Law Fellowship Program:

end insert
begin insert

17(1) Create the program to provide law graduates a
18post-graduate educational experience and provide the Legislature
19and other governmental entities with legal assistance and advice.

end insert
begin insert

20(2) House and administer the program, including managing
21funding and processing applications.

end insert
begin delete

22(c)

end delete

23begin insert(e)end insert Abegin delete participant’send deletebegin insert California Law Fellow’send insert placement with a
24state agency shall be contingent on that agency’s acceptance of
25thebegin delete participant,end deletebegin insert fellow,end insert according to criteria adopted by the
26participating state agency for purposes of the program.

begin delete

27(d)

end delete

28begin insert(f)end insert (1) It is the intent of the Legislature that participation in the
29program by an attorney or other qualifying law school graduate,
30by a state agency, or by a public official within a state agency shall
31not constitute a gift of public money or thing of value for purposes
32of Section 6 of Article XVI of the California Constitution, a gift
33for purposes of the Political Reform Act of 1974 (Title 9
34(commencing with Section 81000)), or a gift, bequest, or favor for
35purposes of the Code of Judicial Ethics adopted pursuant to
36subdivision (m) of Section 18 of Article VI of the California
37Constitution.

38(2) To the extent feasible, the program shall be designed and
39administered to accomplish the Legislature’s intent as specified
40in this subdivision.

begin delete

P4    1(e)

end delete

2begin insert(g)end insert State funds shall not be used to administer the program.

begin delete

3(f)

end delete

4begin insert(h)end insert For purposes of this section:

begin insert

5(1) “California Law Fellow” means a participant in the
6program.

end insert
begin delete

27 7(1)

end delete

8begin insert(2)end insert “Program” means the California Law Fellowship Program.

begin delete

28 9(2)

end delete

10begin insert(3)end insert “Qualifying law school graduate” means a recipient of a law
11degree from a law school accredited by the American Bar
12Association.

13

SEC. 3.  

Section 8924.7 is added to the Government Code, to
14read:

15

8924.7.  

(a) The Legislature finds and declares that the
16California Law Fellowship Program, established pursuant to
17Chapter 1.5 (commencing with Section 8050) of Division 1,
18establishes a formal fellowship program that provides substantial
19public benefits to the Legislature as a participating state agency.

20(b) The services of abegin delete participant in the California Law
21Fellowship Programend delete
begin insert California Law Fellowend insert, whose placement
22with the Legislature is begin deleteacceptedend deletebegin insert duly authorizedend insert by the Senate
23Committee on Rules, the Assembly Committee on Rules, or the
24Joint Committee on Rules, as appropriate, are not compensation,
25a reward, or a gift to a Member of the Legislature for purposes of
26paragraph (4) of subdivision (b) of Section 8920.

27(c) Abegin delete participant in the California Law Fellowship Programend delete
28begin insert California Law Fellowend insert, whose placement with the Legislature is
29begin delete acceptedend deletebegin insert duly authorizedend insert by the Senate Committee on Rules, the
30Assembly Committee on Rules, or the Joint Committee on Rules,
31as appropriate, is not an employee of either house of the Legislature
32for purposes of this article.

begin insert

33(d) For purposes of this section, a California Law Fellow is
34“duly authorized by the Senate Committee on Rules, the Assembly
35Committee on Rules, or the Joint Committee on Rules” only if both
36of the following requirements are satisfied:

end insert
begin insert

37(1)  The California Law Fellow has been selected according to
38criteria, and pursuant to a process, approved by the Senate
39Committee on Rules, the Assembly Committee on Rules, or the
40Joint Committee on Rules.

end insert
begin insert

P5    1(2) The program has executed an agreement with the Senate
2Committee on Rules, the Assembly Committee on Rules, or the
3Joint Committee on Rules whereby the California Law Fellow is
4bound to abide by standards of conduct, economic interest
5disclosure requisites, and other requirements specified by the
6Senate Committee on Rules, the Assembly Committee on Rules, or
7the Joint Committee on Rules.

end insert


O

    98