Authorizes the Legislative Counsel in the Office of Legislative Services to accept proper and sufficient service of process on behalf of the State Legislature when either or both Houses are named defendants in any legal proceeding.
Impact
If enacted, this bill is expected to simplify the procedures involved when the State Legislature is called into question in legal circumstances. By designating the Legislative Counsel to accept service of process, it limits the potential for confusion regarding appropriate legal representation and eases administrative burdens on legislative leaders. This means that responsibility for receiving legal notifications will be centralized, potentially allowing for more efficient and organized handling of legal proceedings involving the state.
Summary
Assembly Bill A2561 aims to authorize the Legislative Counsel in the Office of Legislative Services to accept proper and sufficient service of process on behalf of the State Legislature when either or both Houses are named defendants in any legal proceeding. This bill seeks to streamline the legislative process by clarifying the role of the Legislative Counsel in matters of legal service. Currently, there may be ambiguity around who can formally accept legal documents when the Legislature is sued or involved in judicial matters.
Contention
Some points of contention regarding A2561 include concerns related to the clarity of roles within the legislative framework. Critics may argue that having Legislative Counsel handle service of process could lead to a lack of direct accountability for legislative leaders in legal matters. Furthermore, there may be apprehensions about the implications of such a change in terms of the oversight of legal procedures affecting state governance. However, supporters assert that the measure provides necessary legal clarity and safeguards for the State Legislature's integrity in legal matters.
Carry Over
Authorizes the Legislative Counsel in the Office of Legislative Services to accept proper and sufficient service of process on behalf of the State Legislature when either or both Houses are named defendants in any legal proceeding.
Authorizes the Legislative Counsel in the Office of Legislative Services to accept proper and sufficient service of process on behalf of the State Legislature when either or both Houses are named defendants in any legal proceeding.
Clarifying that the legislature cannot impede the judiciary’s duties to assure the fair administration of justice when it or a member of a legislative body is a party in a proceeding relating to legislative actions
Statutory appropriation of funds provided to legislature for sums sufficient to operate house of representatives, senate, and Legislative Coordinating Commission; and Compensation Council required to prescribe salaries for constitutional officers.