California legislators must block Attorney General Becerra’s last-minute power grab

In an unusual last-minute power grab, Attorney General Xavier Becerra is trying to ram something called Assembly Bill 6 through the California State Legislature. It’s a perfect example of bad, secretive and cynical government.

Legislators should do the right thing by just saying no to AB 6.

The bill, amended in the final days of the legislative session, would block some local governments from suing the companies responsible for the nation’s deadly opioid crisis, which has harmed millions of Americans. Only municipal governments that filed suit against the opioid makers by Aug. 24 would be able to proceed with litigation. Other cities and counties would be encouraged to join the attorney general in pursuing a potential global settlement with the opioid manufacturers accused of creating an addiction epidemic.

AB 6, by Assemblymember Eloise Reyes, D-Grand Terrace, would also expand the attorney general’s powers with regards to issues involving the California Department of Fish and Wildlife. In addition, it would expand the attorney general’s personal staff, adding up to 16 positions that would be exempt from civil service rules.

Confused yet? So were most members of the California State Senate’s Standing Committee on Budget and Fiscal Review who held an informational hearing on this Frankenstein monster of a bill on Saturday.

Some wondered why the bill, appearing out of nowhere, attempted to deal with so many separate issues at the same time.

Many questioned whether the state should move to restrict the ability of local governments to make opioid manufacturers pay for the death and destruction they’ve caused.

“When we think about the damage to our communities, to families, to individuals, to our counties, to our cities, it is so severe that I hesitate to be in a situation where we would now prevent any future lawsuits because I think there could be more that could be uncovered first,” said state Sen. Nancy Skinner, D-Berkeley.

State Sen. Jim Nielsen, R- Gerber, asked why the attorney general needed to shift his authority over state fish and wildlife issues without a proper discussion of the details.

“It’s a great expansion of the authorities of the attorney general,” Nielsen said. “You’re going to have to convince me on this, in other words, Mr. Attorney General.”

Legislators grilled Becerra for over an hour, with many making it clear they wouldn’t support the bill.

“Lawmakers from both parties on Saturday reported receiving a deluge of complaints about the new bill language from their constituent cities and counties,” wrote Cheryl Miller of The Recorder, a legal newspaper.

No legislator questioned Becerra’s attempt to greatly expand his personal staff, and AB 6 does not specify why Becerra needs more personnel. Oddly, Becerra has opposed a critical police reform bill — AB 1506 — because he says he doesn’t have enough resources to take on more responsibility. AB 1506, by Assemblymember Kevin McCarty, D-Sacramento, would allow local law enforcement agencies and district attorneys to request that the attorney general’s office conduct independent investigations into police shootings.

To recap: Becerra says he doesn’t have the resources to investigate police shootings, but he’s trying to increase his political staff appointments while also blocking local governments from suing opioid makers and expanding his authority in fish and wildlife matters? All in this last-minute bill?

“AB 6 includes a deeply flawed ‘experiment’ that would greatly expand the powers of the Attorney General,” said the League of California Cities in a statement. “Local governments have been leading the charge in relation to opioid litigation since 2014 to pursue relief for the damages caused in our communities by the opioid manufacturers. This legislation would cut local governments out of the settlement negotiations and could severely hamper the possibility of meaningful settlements in existing lawsuits.”

California legislators should reject Becerra’s sneaky and convoluted power grab.

This story was originally published August 31, 2020 at 5:00 AM with the headline "California legislators must block Attorney General Becerra’s last-minute power grab."