Defense of the California Legislature Transparency Act. If an action is brought challenging, in whole or in part, the validity of the California Legislature Transparency Act, the following shall apply:
(a) The Legislature shall continue to comply with the act unless it is declared unconstitutional pursuant to a final judgment of an appellate court.
(b) Except as set forth in subdivision (c), the Attorney General shall defend against any action challenging, in whole or in part, the validity of the act, and shall have an unconditional right to intervene in any action addressing the validity of the act.
(c) If the Attorney General declines to defend the validity of the act in any action, the Attorney General shall nonetheless file an appeal from, or seek review of, any judgment of any court that determines that the act is invalid, in whole or in part, if necessary or appropriate to preserve the state’s standing to defend the law in conformity with the Attorney General’s constitutional duty to see that the laws of the state are adequately enforced.
(d) The official proponents of the act have an unconditional right to participate, either as interveners or real parties in interest, in any action affecting the validity or interpretation of the act. Where the Governor and Attorney General have declined to defend the validity of the act, the official proponents are also authorized to act on the state’s behalf in asserting the state’s interest in the validity of the act in any such action and to appeal from any judgment invalidating the act.
(e) Nothing in this section precludes other public officials from asserting the state’s interest in the validity of the act.
(Added November 8, 2016, by initiative Proposition 54, Sec. 6.1.)
Last modified: October 25, 2018