CALIFORNIA LEGISLATURE— 2025–2026 1st Ext.

Assembly Bill
No. 2


Introduced by Assembly Member Gabriel

December 02, 2024


An act to add and repeal Chapter 4 (commencing with Section 15210) of Part 6 of Division 3 of Title 2 of the Government Code, relating to state government, and making an appropriation therefor, to take effect immediately, bill related to the budget.


LEGISLATIVE COUNSEL'S DIGEST


AB 2, as introduced, Gabriel. Department of Justice: federal litigation expenses.
Existing law establishes the Department of Justice, under the direction and control of the Attorney General, and makes the department responsible for investigation and enforcement of various laws.
This bill would appropriate $500,000 to the department to pay the department for federal litigation expenses. The bill would require the department to report certain information regarding funds used pursuant to this bill and other law and to maintain an internet website, as specified. The bill would repeal these provisions on January 1, 2029.
This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Vote: MAJORITY   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares as follows:
(a) On November 6, 2024, it became clear that Donald J. Trump had won election as President of the United States, setting the stage for President-elect Trump to assume office for a second term on January 20, 2025.
(b) The track record of the first Trump Administration, combined with the statements made by President-elect Trump on the campaign trail, as well as statements and policy papers issued by individuals close to his campaign and by Republican congressional leadership, indicate the consequences of his presidency for California residents and taxpayers may be significant and immediate, including: continuing the assault on reproductive freedom by limiting access to medication abortion, expanding conscience objections for employers and providers, and pursuing a national abortion ban; undoing clean vehicle policies that are critical to combating climate change and dismantling other longstanding environmental protections for clean air and clean water; repealing Deferred Action for Childhood Arrivals (DACA) and reinstituting immigration policies that lead to family separations; withholding disaster response funding and individual assistance for victims of disasters as political retribution; and politicizing grant programs to commandeer state and local governmental resources for federal purposes.
(c) During President-elect Trump’s first term, California developed a successful roadmap for fighting back and standing up for our state’s values and our people’s constitutional rights, including filing more than 120 lawsuits challenging actions taken by the Trump Administration.
(d) Lawyers from the Attorney General’s office and the Governor’s office have been preparing for a potential second Trump term for more than a year, and they are ready to challenge in court any unconstitutional and unlawful federal policies and to mount robust and vigorous defenses of California’s laws, policies, and programs on issues critical to Californians.
(e) Preparing to litigate regressive potential actions on these major policy issues with the urgency and comprehensiveness called for in this moment necessitates ensuring the state’s legal apparatus is sufficiently resourced.
(f) The Governor, in accordance with Section 3(b) of Article IV of the California Constitution, convened the Legislature of the State of California to assemble in extraordinary session in Sacramento, California, on the second day of December 2024, to consider and act upon legislation necessary to provide additional funding to the Department of Justice and other agencies, departments, boards, and offices within the executive branch to support the ability to immediately file affirmative litigation challenging actions taken by the incoming Trump Administration, defend against litigation or enforcement actions brought by the incoming Trump Administration, and take administrative action authorized under state law to mitigate the impacts of actions by the incoming Trump Administration, and to make conforming changes to existing law consistent therewith.
(g) The Legislature therefore intends to adopt changes to the Budget Act of 2024 to provide the necessary resources to state departments and agencies to defend California’s programs, policies, institutions, and taxpayers from unlawful federal action.

SEC. 2.

 Chapter 4 (commencing with Section 15210) is added to Part 6 of Division 3 of Title 2 of the Government Code, to read:
CHAPTER  4. Federal Litigation Expenses

15210.
 (a) The sum of five hundred thousand dollars ($500,000) is hereby appropriated to the Department of Justice for the purpose of paying the Department of Justice for federal litigation expenses.
(b) (1) The Department of Justice shall report to the Department of Finance and the Joint Legislative Budget Committee the use of funds provided by either of the following:
(A) This section.
(B) Control Section 5.25 of the Budget Act of 2024.
(2) The Department of Justice shall update the report required by paragraph (1) each time a court filing is made using the resources described in paragraph (1).
(c) (1) The Department of Justice shall create and maintain an internet website that details all federal litigation expenses paid for pursuant to this section or the Budget Act of 2024.
(2) The internet website required by paragraph (1) shall include, but not be limited to, descriptive narratives and supporting documents as needed.
(d) This chapter shall remain in effect only until January 1, 2029, and as of that date is repealed.

SEC. 3.

 This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.