BILL ANALYSIS
AB 471
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Date of Hearing: August 25, 2010
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
AB 471 (Nava) - As Amended: August 10, 2010
PROPOSED CONSENT (FOR CONCURRENCE)
SUBJECT : LEGAL SERVICES
KEY ISSUE : SHOULD VARIOUS STATUTES RELATED TO THE AUTHORITY OF
THE ATTORNEY GENERAL AND STATE AGENCIES BE UPDATED TO REFLECT
GENDER-NEUTRAL PRONOUNS?
SYNOPSIS
This non-controversial bill makes various technical changes to
an assortment of existing statutes relating to the authority of
state agencies to retain legal counsel and to use the services
of the Attorney General, as well as other statutes relating to
the authority of the Attorney General.
SUMMARY : Makes various non-substantive technical changes to an
assortment of existing statutes relating to the authority of
state agencies to retain legal counsel and to use the services
of the Attorney General, as well as other statutes relating to
the authority of the Attorney General.
The Senate amendments delete the Assembly version of the bill,
and instead:
1)Change the masculine pronoun "he" in reference to the Attorney
General to "he or she."
2)Change the term "State" from uppercase to lowercase.
3)Correct other word usage to conform to current standards.
AS PASSED BY THE ASSEMBLY , this bill clarified existing law
regarding legal representation of state agencies and officers.
FISCAL EFFECT : None
COMMENTS : According to the author, this bill was originally
conceived as a measure that would clarify ambiguities in
AB 471
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existing law to ensure that state agencies may hire in-house
legal counsel to provide legal advice, without the prior
approval of the Attorney General. The bill would have preserved
the presumption that the Attorney General is responsible for
representing state officers and agencies in civil litigation
before courts and administrative bodies, and would have provided
agencies and the Attorney General the flexibility to make other
arrangements when needed. Ironically, these provisions,
designed to protect the functions of in-house agency counsel
were vigorously opposed by them. The bill also would have
preserved the Attorney General's role in superintending the
hiring of private counsel by state agencies for any purpose.
The author contends that this is an important check that must be
maintained in the law, as members of both parties have
recognized.
In light of opposition from the Governor, however, the author
states that the bill has been amended to address vestigial
gender bias in provisions governing the Attorney General's
authority. According to the author, while not substantive in
nature, these changes are appropriate at a time when Kamala
Harris, the District Attorney for the City and County of San
Francisco, is running as the first female candidate for Attorney
General in the State's history.
As the author indicated, this bill makes various technical
changes to an assortment of existing statutes relating to the
authority of state agencies to retain legal counsel and to use
the services of the Attorney General, as well as other statutes
relating to the authority of the Attorney General.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Kevin G. Baker / JUD. / (916) 319-2334