BILL NUMBER: AB 100 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 22, 2015
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 government as California Law Fellows,
and encouraging each participant fellow
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 Fellow 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) Approximately 36 percent of attorneys working for the
State of California are 55 years of age or older; therefore,
California must encourage attorneys to enter public service to fill
vacancies as those attorneys retire.
(i) 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
(c) The program shall provide each
participant California Law Fellow 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.
(d) The Legislature requests that The University of the Pacific
McGeorge School of Law, in consultation with California law schools
accredited by the American Bar Association, and with any other
appropriate person or entity, do all of the following with respect to
the California Law Fellowship Program:
(1) Create the program to provide law graduates a post-graduate
educational experience and provide the Legislature and other
governmental entities with legal assistance and advice.
(2) House and administer the program, including managing funding
and processing applications.
(c)
(e) A participant's California
Law Fellow's placement with a state agency shall be contingent
on that agency's acceptance of the participant,
fellow, according to criteria adopted by the participating
state agency for purposes of the program.
(d)
(f) (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)
(g) State funds shall not be used to administer the
program.
(f)
(h) For purposes of this section:
(1) "California Law Fellow" means a participant in the program.
(1)
(2) "Program" means the California Law Fellowship
Program.
(2)
(3) "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 California Law Fellow , whose
placement with the Legislature is accepted
duly authorized 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 California Law Fellow , whose placement
with the Legislature is accepted duly
authorized 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.
(d) For purposes of this section, a California Law Fellow is "duly
authorized by the Senate Committee on Rules, the Assembly Committee
on Rules, or the Joint Committee on Rules" only if both of the
following requirements are satisfied:
(1) The California Law Fellow has been selected according to
criteria, and pursuant to a process, approved by the Senate Committee
on Rules, the Assembly Committee on Rules, or the Joint Committee on
Rules.
(2) The program has executed an agreement with the Senate
Committee on Rules, the Assembly Committee on Rules, or the Joint
Committee on Rules whereby the California Law Fellow is bound to
abide by standards of conduct, economic interest disclosure
requisites, and other requirements specified by the Senate Committee
on Rules, the Assembly Committee on Rules, or the Joint Committee on
Rules.