Bill Text: CA AB471 | 2009-2010 | Regular Session | Enrolled
Bill Title: Legal services.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Vetoed) 2010-09-25 - Vetoed by Governor. [AB471 Detail]
Download: California-2009-AB471-Enrolled.html
BILL NUMBER: AB 471 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 20, 2010
PASSED THE ASSEMBLY AUGUST 27, 2010
AMENDED IN SENATE AUGUST 10, 2010
AMENDED IN SENATE JULY 15, 2010
AMENDED IN SENATE JUNE 16, 2010
AMENDED IN SENATE SEPTEMBER 4, 2009
AMENDED IN SENATE AUGUST 26, 2009
AMENDED IN SENATE JUNE 30, 2009
AMENDED IN SENATE JUNE 11, 2009
AMENDED IN ASSEMBLY MAY 6, 2009
INTRODUCED BY Assembly Member Nava
FEBRUARY 24, 2009
An act to amend Sections 11042, 11043, 12517, 12518, 12521, 12522,
12542, 12574, 12591, and 12593 of the Government Code, relating to
legal services.
LEGISLATIVE COUNSEL'S DIGEST
AB 471, Nava. Legal services.
Existing law requires the Attorney General to perform specified
duties with regard to providing state agencies with legal services.
This bill would make technical, nonsubstantive changes to these
provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11042 of the Government Code is amended to
read:
11042. No state agency, commissioner, or officer shall employ any
legal counsel other than the Attorney General, or one of his or her
assistants or deputies, in any matter in which the agency,
commissioner, or officer is interested, or is a party as a result of
office or official duties.
SEC. 2. Section 11043 of the Government Code is amended to read:
11043. Except as to the state agencies and laws specified in
Section 11041, whenever any law authorizes any state agency to employ
legal counsel other than the Attorney General, it shall be construed
to refer to the Attorney General. The Attorney General may assign to
the state agency assistants or deputies from his or her staff, under
terms as he or she deems necessary to conduct the legal business of
or render legal counsel to the state agency.
SEC. 3. Section 12517 of the Government Code is amended to read:
12517. When in his or her opinion it may be necessary for the
collection or enforcement of any judgment in favor or for the use of
the state, the Attorney General shall institute and prosecute, in
behalf of the state, actions or proceedings to set aside and annul
all conveyances fraudulently made by judgment debtors. When allowed
by the Department of General Services, the necessary cost shall be
paid out of any available appropriation.
SEC. 4. Section 12518 of the Government Code is amended to read:
12518. Whenever any action is brought against the state or any
state agency involving the title, or right to possession or the
boundaries of any lands belonging to the state or in which it has any
interest, the Attorney General may, when in his or her judgment the
public interest so requires, upon his or her own motion or upon the
request of any state agency, appear as attorney in defense of the
state or state agency.
Upon his or her own motion or upon the request of any state
agency, the Attorney General may institute such an action in the name
of the people of the state or on behalf of any state agency.
SEC. 5. Section 12521 of the Government Code is amended to read:
12521. The Attorney General shall account for and pay over to the
proper officer all money which may come into his or her possession
belonging to the state or to any county.
SEC. 6. Section 12522 of the Government Code is amended to read:
12522. On or before the fifteenth day of September in each
even-numbered year, the Attorney General shall report to the Governor
the condition of the affairs of his or her office and of the reports
received by him or her from district attorneys.
SEC. 7. Section 12542 of the Government Code is amended to read:
12542. The Attorney General may employ counsel to act in his or
her place and stead for the investigation for discovery and the
recovery of any such property. In such proceedings counsel so
employed shall have the authority of the Attorney General.
SEC. 8. Section 12574 of the Government Code is amended to read:
12574. The Attorney General may employ additional special agents
and investigators not exceeding 10 in number, to enable him or her to
carry out his or her duties relative to sabotage and subversive
activities. The special agents and investigators are exempt from
civil service.
SEC. 9. Section 12591 of the Government Code is amended to read:
12591. The Attorney General may institute appropriate proceedings
to secure compliance with this article and to invoke the
jurisdiction of the court. The powers and duties of the Attorney
General provided in this article are in addition to his or her
existing powers and duties. Nothing in this article shall impair or
restrict the jurisdiction of any court with respect to any of the
matters covered by it, except that no court shall have jurisdiction
to modify or terminate any trust of property for charitable purposes
unless the Attorney General is a party to the proceedings.
SEC. 10. Section 12593 of the Government Code is amended to read:
12593. Every person who offers for probate any instrument that
establishes a testamentary trust of property for charitable purposes
or who records in any county or city and county any inter vivos
transfer of property for charitable purposes shall furnish a copy of
the document to the Attorney General. The custodian of the records of
a court having jurisdiction of probate matters or of charitable
trusts shall furnish copies of papers, records, and files of his or
her office relating to the subject of this article as the Attorney
General requires.
