Budget Act of 2024.
- Authorizes $25 million for California to defend against or challenge federal government actions through 2028.
- Requires the Department of Justice to maintain a public website tracking all federal litigation expenses.
- Establishes new procedures for paying attorney fees in state court actions against California agencies.
- Mandates annual reports to the Legislature on litigation costs and outside counsel contracts through 2028.
Assembly Member Gabriel and Senator Wiener propose modifications to California's legal defense funding mechanisms through amendments to the Budget Act of 2024 that establish new protocols for managing attorney fees and litigation resources. The legislation authorizes the Department of Finance to augment appropriations by up to $25 million for defending against federal enforcement actions, filing challenges to federal policies, and implementing administrative measures to address federal government actions.
The bill creates specific parameters around attorney fee payments for state court actions, requiring fees to be paid from the operating budgets of affected state entities. This applies to cases filed under California's private attorney general doctrine and certain welfare-related writs of mandate. The Controller must process these payments with approval from the Director of Finance, who must notify legislative budget leaders if agency appropriations prove insufficient.
To ensure transparency, the Department of Justice must maintain a public website documenting litigation against federal authorities funded through this measure, with monthly updates on court filings and supporting documentation through January 2029. The department must also submit annual reports through 2028 detailing outside counsel contracts, associated costs, and administrative actions taken. The augmentation funds remain available for encumbrance until June 2026 and expenditure through June 2028.
Introduced By
Latest Voting History
- Authorizes $25 million for California to defend against or challenge federal government actions through 2028.
- Requires the Department of Justice to maintain a public website tracking all federal litigation expenses.
- Establishes new procedures for paying attorney fees in state court actions against California agencies.
- Mandates annual reports to the Legislature on litigation costs and outside counsel contracts through 2028.
Introduced By
Assembly Member Gabriel and Senator Wiener propose modifications to California's legal defense funding mechanisms through amendments to the Budget Act of 2024 that establish new protocols for managing attorney fees and litigation resources. The legislation authorizes the Department of Finance to augment appropriations by up to $25 million for defending against federal enforcement actions, filing challenges to federal policies, and implementing administrative measures to address federal government actions.
The bill creates specific parameters around attorney fee payments for state court actions, requiring fees to be paid from the operating budgets of affected state entities. This applies to cases filed under California's private attorney general doctrine and certain welfare-related writs of mandate. The Controller must process these payments with approval from the Director of Finance, who must notify legislative budget leaders if agency appropriations prove insufficient.
To ensure transparency, the Department of Justice must maintain a public website documenting litigation against federal authorities funded through this measure, with monthly updates on court filings and supporting documentation through January 2029. The department must also submit annual reports through 2028 detailing outside counsel contracts, associated costs, and administrative actions taken. The augmentation funds remain available for encumbrance until June 2026 and expenditure through June 2028.